A.
The Chief Plant Operator and/or
Superintendent of Sewers shall prepare an enforcement response plan.
The enforcement response plan, in a step-by-step fashion, shall outline
the procedures to be followed to identify, document, and respond to
violations by users of the POTW. All violations by users of the POTW
shall be met with some type of enforcement response. The response
shall be comprehensive and effective. The enforcement response plan
shall:
(1)
Describe how the Chief Plant
Operator and/or Superintendent of Sewers will investigate instances
of noncompliance.
(2)
Describe the types of escalated
enforcement actions that the Chief Plant Operator and/or Superintendent
of Sewers will take in response to all anticipated types of user violations
and the time periods within which to initiate and follow up on these
actions.
(3)
Adequately reflect the Town's
responsibility to enforce all applicable standards and requirements.
C.
D.
The Town Board shall approve
the enforcement response plan. The enforcement response plan provides
for a consistent and timely approach to enforcement. The enforcement
response plan shall be reviewed at least every five years.
Whenever the Chief Plant Operator and/or Superintendent of Sewers
finds that any user has violated or is violating this chapter, or
any wastewater discharge permit, order, prohibition, limitation, or
requirement permitted by this chapter, the Chief Plant Operator and/or
Superintendent of Sewers may serve upon such person a written notice
stating the nature of the violation. Within 10 calendar days of the
date the Chief Plant Operator and/or Superintendent of Sewers mails
the notice, an explanation of the violation and a plan for the satisfactory
correction and prevention thereof shall be submitted to the Chief
Plant Operator and/or Superintendent of Sewers, by the user. The correction
and prevention plan shall include specific actions. Submission of
this plan in no way relieves the user of liability for any violations
caused by the user before or after receipt of the Notice of Violation.
Nothing in this section shall limit the authority of the Chief Plant
Operator and/or Superintendent of Sewers to take action, including
emergency actions or any other enforcement action, without first issuing
a notice of violation.
The Town Board is hereby empowered to enter into consent orders,
assurances of voluntary compliance, or other similar documents establishing
an agreement with the user responsible for the noncompliance. Such
document will include specific action to be taken by the user to correct
the noncompliance within a time period also specified by the document.
Consent orders shall have the same force and effect as an administrative
order and shall be judicially enforceable.
A.
When the Town Board finds that
a user has violated, or continues to violate, any provision of this
chapter, a wastewater discharge permit or order issued thereunder,
or any other pretreatment standard or requirement, it may issue an
order to the user responsible for the discharge directing that the
user come into compliance within a specified time. If the user does
not come into compliance within the time provided, sewer service may
be discontinued unless adequate treatment facilities, devices, or
other related appurtenances are installed and properly operated. Compliance
orders also may contain other requirements to address the noncompliance,
including installation of pretreatment technology, additional self-monitoring
and management practices designed to minimize the amount of pollutants
discharged to the sewer. A compliance order may not extend the deadline
for compliance established for a pretreatment standard or requirement,
nor does a compliance order relieve the user of liability for any
violation, including any continuing violation. Issuance of a compliance
order shall not be a bar against, or a prerequisite for, taking any
other action against the user.
B.
The user may, within 15 calendar
days of receipt of such order, petition the Town Board to modify or
suspend the order. Such petition shall be in written form and shall
be transmitted to the Chief Plant Operator and/or Superintendent of
Sewers by registered mail. The Town Board may then:
A.
Notwithstanding any other section
of this chapter, any user who is found to have violated any provision
in accordance with this chapter, or a wastewater discharge permit
or administrative order issued hereunder, shall be subject to a penalty
not to exceed $10,000 for any one case and an additional penalty not
to exceed $10,000 for each day of a continuing violation after a final
decision and order has been entered with notice to the party adversely
affected by the decision to impose the penalty. The exact amount of
penalty in each case shall be determined by the Town Board of the
Town of Webster but in no case shall be less than $300 per day.
B.
Fines are payable within 30
days of receiving notice to pay them and shall be made payable to
the Town of Webster Sewer Department. If payment is not received within
30 days, the fine will be added to the owner's tax bill.
C.
A late charge of 1% per month
or part of a month will be added to any late payment to cover interest
and handling costs, for fees received after 30 days.
D.
The user may, within 15 calendar
days of notification from the Chief Plant Operator and/or Superintendent
of Sewers for notice of such fine, petition the Chief Plant Operator
and/or Superintendent of Sewers to modify or suspend the order. Such
petition shall be in written form and shall be transmitted to the
Chief Plant Operator and/or Superintendent of Sewers by registered
mail. The Chief Plant Operator and/or Superintendent of Sewers may
then:
E.
Where a request has merit, the
Chief Plant Operator and/or Superintendent of Sewers may request the
Town Board to hold a hearing on the matter. In the event the user's
appeal is successful, the payment, together with any interest accruing
thereto, shall be returned to the user. The Chief Plant Operator and/or
Superintendent of Sewers may add the costs of preparing administrative
enforcement actions, such as notices and orders, to the fine.
F.
Issuance of an administrative
fine shall not be a bar against, or a prerequisite for, taking any
other action against the user.
A.
When the Town Board finds that
a user has violated, or continues to violate, any provision of this
chapter, a wastewater discharge permit or order issued hereunder,
or any other pretreatment standard or requirement, or that the user's
past violations are likely to recur, the Town Board may issue an order
to the user directing it to cease and desist all such violations and
directing the user to:
B.
Issuance of a cease-and-desist
order shall not be a bar against, or a prerequisite for, taking any
other action against the user.
C.
The user may, within 15 days
of receipt of such order, petition the Chief Plant Operator and/or
Superintendent of Sewers to modify or suspend the order. Such petition
shall be in written form and shall be transmitted to the Chief Plant
Operator and/or Superintendent of Sewers by registered mail. The Town
Board may:
D.
Issuance of a cease-and-desist
order shall not be a bar against, or a prerequisite for, taking any
other action against the user.
A.
Any user who violates any of
the following conditions of this chapter or a wastewater discharge
permit or administrative order, or any applicable state or federal
law, is subject to permit termination:
(1)
Violation of permit conditions;
or
(2)
Failure to accurately report
the wastewater constituents and characteristics of its discharge;
or
(3)
Failure to report significant
changes in operations or wastewater constituents and characteristics
prior to discharge; or
(4)
Refusal of reasonable access
to the user's premises for the purpose of inspection, monitoring,
or sampling; or
(5)
Violation of pretreatment
standards in this chapter or any applicable state or federal law or
a wastewater discharge permit.
B.
A noncompliant industrial user
will be notified, by the Chief Plant Operator and/or Superintendent
of Sewers or the Town Board, by registered mail, of the proposed termination
of its wastewater permit.
C.
The user may, within 15 calendar
days of receipt of such notification, petition the Town Board to permit
continued use of the POTW by the user. Such petition shall be in written
form and shall be transmitted to the Chief Plant Operator and/or Superintendent
of Sewers by registered mail. The Town Board may:
D.
The termination of a permit
shall not be a bar against, or prerequisite for, any other action
against the user.
A.
The Chief Plant Operator and/or
Superintendent of Sewers may immediately suspend a user's discharge,
after informal notice to the user, whenever such suspension is necessary
to stop an actual or threatened discharge which reasonably appears
to present or cause an imminent or substantial endangerment to the
health or welfare of persons. The Chief Plant Operator and/or Superintendent
of Sewers may also immediately suspend a user's discharge, after notice
and opportunity to respond, that threatens to interfere with the operation
of the POTW or any of its appurtenances, or which presents, or may
present, an endangerment to the environment.
(1)
Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Chief Plant Operator and/or Superintendent of Sewers or Town Board may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. A review of the determination of the Chief Plant Operator and/or Superintendent of Sewers or Town Board made pursuant to this section shall be made in accordance with and subject to the provisions of § 257-135 of this chapter.
(2)
The Chief Plant Operator and/or Superintendent of Sewers or Town Board may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Chief Plant Operator and/or Superintendent of Sewers that the period of endangerment has passed, unless the termination proceedings in § 257-142 of this chapter are initiated against the user.
(3)
A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the Chief Plant Operator and/or Superintendent of Sewers within 10 days of the date of occurrence and/or prior to the date of any show cause or termination hearing under § 257-142 or 257-144 of this chapter.
B.
When, in the belief of the Chief
Plant Operator and/or Superintendent of Sewers, any discharge will
cause serious, imminent harm, injury or adverse effect on the sewer
system structures or equipment, or to any persons or to the biota
of the receiving water; the Chief Plant Operator and/or Superintendent
of Sewers shall take any temporary action necessary to protect the
public health, safety or welfare without a prior hearing or order
of the Town Board. Review of the emergency action by a hearing will
be accomplished without delay to determine what, if any, permanent
restriction is necessary. The Chief Plant Operator and/or Superintendent
of Sewers, acting upon a belief that an emergency exists, shall be
indemnified against any personal liability that may arise in the performance
of his duties to protect the public health, safety or welfare of the
Town of Webster and any other jurisdictions utilizing the Town of
Webster's Sewer District.
A.
The Chief Plant Operator and/or Superintendent of Sewers may order any user appealing administrative remedies for violations of this chapter to show cause, before the Town Board, why an enforcement action, initiated by the Chief Plant Operator and/or Superintendent of Sewers, should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the Town Board regarding the violation, the reasons why the action is to be taken, and the proposed enforcement action, and directing the user to show cause before the Town Board why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least 10 calendar days before the hearing. Such notice may be served on any authorized representative of the user, in accordance with § 257-146. A show-cause hearing shall not be a bar against, or be prerequisite for, taking any other action against the user.
B.
The Town Board may itself conduct
the hearing and take evidence or may designate any of its members
or any officer or employee of the Town to conduct the hearing and:
(1)
Issue, in the name of the
Town Board, notices of hearings requesting the attendance and testimony
of witnesses and the production of evidence relevant to any matter
involved in such hearings,
(2)
Take the evidence;
(3)
Take sworn testimony;
(4)
Transmit a report of the
evidence and hearing, including transcripts and other evidence, together
with recommendations to the Town Board for action thereon.
In the event the Chief Plant Operator and/or Superintendent
of Sewers issues any administrative order, terminates the user's permit,
or requests that the Town Board imposes a fine, as set forth in this
article, and the user fails, within the designated period of time
set forth, to petition the Chief Plant Operator and/or Superintendent
of Sewers, as provided in appropriate sections of this article, the
user shall be deemed in default, and its rights to contest the administrative
order or fine shall be deemed waived.
The notices, orders, petitions, or other notification which
the user or Chief Plant Operator and/or Superintendent of Sewers shall
desire or is required to give pursuant to any sections of this chapter
shall be in writing and shall be served personally or sent by certified
mail or registered mail, return receipt requested, postage prepaid,
and the notice, order, petition, or other communication shall be deemed
given upon its mailing as provided herein. Any notice, administrative
order, or communication mailed to the user pursuant to the sections
of this chapter shall be mailed to the user where the user's effluent
is discharged into transmission lines to the Town's POTW. Any notice,
petition, or other communication mailed to the Chief Plant Operator
and/or Superintendent of Sewers shall be addressed and mailed to:
Town of Webster Wastewater Treatment Plant, 226 Phillips Road, Webster,
New York 14580.
The Chief Plant Operator and/or Superintendent of Sewers shall
have the right, within his sole discretion, to utilize any one or
more appropriate administrative remedies set forth in this article.
The Chief Plant Operator and/or Superintendent of Sewers may utilize
more than one administrative remedy established pursuant to this article,
and the Chief Plant Operator and/or Superintendent of Sewers may hold
a show-cause hearing combining more than one enforcement action.
A.
A user who has violated, or
continues to violate, any provision of this chapter, a wastewater
discharge permit or order issued hereunder, or any other order or
requirement shall be liable to the Town for a maximum civil penalty
of $10,000 per violation, per day. In the case of a monthly or other
long-term average discharge limit, penalties shall accrue for each
day during the period of the violation. The Town Board may recover
sampling and monitoring expenses and the cost of any actual damages
incurred by the Town.
B.
In determining the amount of
civil liability, the court shall take into account all relevant circumstances,
including, but not limited to, the extent of harm caused by the violation,
the magnitude and duration of the violation, any economic benefit
gained through the user's violation, corrective actions by the user,
the compliance history of the user, and any other factor as justice
requires.
C.
Such civil penalty may be released
or compromised by the Town Board before the matter has been referred
to the Town Attorney, and where such matter has been referred to the
Town Attorney, any such penalty may be released or compromised and
any action commenced to recover the same may be settled and discontinued
by the Town Attorney, with the consent of the Town Board. Filing a
civil suit for enforcement and/or penalties shall not be a bar against,
or a prerequisite for, taking any other action against a user.
A.
In addition to the power to assess penalties as set forth in this article, the Town Board shall have the power, following the hearing held in conformance with the procedures set forth in Article XI, to seek an order:
B.
Any such order shall be sought
in an action brought by the Town of Webster's Attorney at the request
of the Town Board in the name of the Town, in any court of competent
jurisdiction.
C.
The Town's counsel, at the request
of the Chief Plant Operator and/or Superintendent of Sewers, shall
petition the court to impose, assess, and recover such sums imposed
according to this article. In determining amount of liability, the
court shall take into account all relevant circumstances, including,
but not limited to, the extent of harm caused by the violation, the
magnitude and duration, any economic benefit gained through the user's
violation, corrective actions by the user, the compliance history
of the user, and any other factor as justice requires.
A.
Any person who willfully violates
any provision of this chapter or any final determination or administrative
order of the Town Board made in accordance with this article may be
guilty of a Class A misdemeanor and, upon conviction thereof, shall
be punished by a fine of not less than $300 nor more than $10,000
or imprisonment not to exceed one year, or both. Each offense shall
be a separate and distinct offense, and, in the case of a continuing
offense, each day's continuance thereof shall be deemed a separate
and distinct offense.
B.
Any user who knowingly makes
any false statements, representations, or certifications in any application,
record, report, plan or other document filed or required to be maintained
pursuant to this chapter or wastewater permit, or who falsifies, tampers
with, or knowingly renders inaccurate any monitoring device or method
required under this chapter, shall, upon conviction, be punished by
a fine of not more than $10,000 per violation per day or imprisonment
for not more than one year, or both.
C.
No prosecution under this section
shall be instituted until after final disposition of a show-cause
hearing, if any was instituted.
A.
When the Chief Plant Operator
and/or Superintendent of Sewers finds that a user has violated, or
continues to violate, any provision of this chapter, a wastewater
discharge permit, or order issued hereunder, or any other pretreatment
standard or requirement, the Chief Plant Operator and/or Superintendent
of Sewers may petition a State Supreme Court through counsel for the
issuance of a temporary or permanent injunction, as appropriate, which
restrains or compels the specific performance of the wastewater discharge
permit, order, or other requirement imposed by this chapter on activities
of the user. The Chief Plant Operator and/or Superintendent of Sewers
may also seek such other action as is appropriate for legal and/or
equitable relief, including a requirement for the user to conduct
environmental remediation. A petition for injunctive relief shall
not be a bar against, or a prerequisite for, taking any other action
against a user.
B.
The power of injunction shall
be invoked to stop an illegal discharge after all administrative procedures
have been used and failed, and to stop an illegal discharge which
is causing the Town to violate its discharge standards when the length
of time necessary to institute any existing legal remedies would result
in a fine or penalty to the Town.
A.
Notwithstanding any inconsistent
provisions of this chapter, whenever the Chief Plant Operator and/or
Superintendent of Sewers finds, after investigation, that any user
is causing, engaging in, or maintaining a condition or activity which,
in his judgment, presents an imminent danger to the public health,
safety, or welfare, or to the environment, or is likely to result
in irreparable damage to the POTW or the environment, and it therefore
appears to be prejudicial to the public interest to allow the conditions
or activity to go unabated until notice and an opportunity for a hearing
can be provided, the Chief Plant Operator and/or Superintendent of
Sewers may, without prior hearing, order such user by notice, in writing
wherever practicable or in such other form as practices are intended
to be proscribed, to discontinue, abate, or alleviate such condition
or activity, and thereupon such person shall immediately discontinue,
abate, or alleviate such condition or activity; or, where the giving
of notice is impracticable, or in the event of a user's failure to
comply voluntarily with an emergency order, the Chief Plant Operator
and/or Superintendent of Sewers may take all appropriate action to
abate the violating condition. As promptly as possible thereafter,
not to exceed 15 calendar days, the Chief Plant Operator and/or Superintendent
of Sewers shall provide the user an opportunity to be heard, in accordance
with the provisions of this article.
B.
If the user is not within the
geographic boundaries of the Town, the right of summary abatement
to discontinue, abate, or alleviate conditions or activities shall
be those prescribed in the intermunicipal agreement.
C.
The Chief Plant Operator and/or
Superintendent of Sewers, acting upon the belief that an emergency
exists, shall be indemnified against any personal liability that may
arise in the performance of his duties to protect the public health,
safety, or welfare, or to preserve the POTW or the environment.
Any person violating any of the provisions of the Sewer Use
Law or the orders, rules, regulations and permits issued thereunder
may, in addition, be civilly liable to the Sewer District for any
expense, loss, or damage occasioned to the Sewer District by reason
of such violation, including but not limited to payment of counsel
fees, court costs, court reporters, and stenographic transcripts.
The remedies provided for in this chapter are not exclusive.
The Chief Plant Operator and/or Superintendent of Sewers may take
any, all, or any combination of these actions against a noncompliant
user. Enforcement of pretreatment violations will generally be in
accordance with the Town's enforcement response plan. However, the
Chief Plant Operator and/or Superintendent of Sewers may take other
action against any user when the circumstances warrant. Further, the
Chief Plant Operator and/or Superintendent of Sewers is empowered
to take more than one enforcement action against any noncompliant
user.
A.
In the event that there are
any sewer rents, assessments, penalties, permit fees, surcharges,
capital contributions, or other charges which are delinquent as of
October 1 of any year, the Finance Department and the Sewer Department
shall report the names of the defaulting persons. These unpaid charges
shall be relevied against the property owner as a charge on his or
her town and county tax bill. The Finance Department shall give the
Town Assessor the entire amount of the sewer rent, assessments, and
other charges which are in default, plus a 5% penalty for failure
to pay by October 1 of that year, with the exception of commercial,
which is charged interest on a quarterly basis, and the Town Assessor
shall add those numbers to the tax roll.
B.
Where charges are delinquent
and the violator is not a resident of the Town or is located outside
the geographical boundaries of the Town, then the Town Attorney is
authorized to seek recovery of charges, including punitive damages,
in a court of competent jurisdiction or make arrangements with the
appropriate Town where the user is located to add the amount of the
sewer assessment or other charges which shall be in default, plus
penalty and interest, as provided for in the law, to the real property
taxes due to the Town in the next ensuing year.
C.
Nothing in this article shall
prohibit the Chief Plant Operator and/or Superintendent of Sewers
or the Town Board from bringing any action or proceeding in a court
of competent jurisdiction to recover any penalty imposed under this
chapter.
The Chief Plant Operator and/or Superintendent of Sewers may
decline to reissue a permit to any user that has failed to comply
with the provisions of this chapter, any order or previous permit
issued hereunder, or any other pretreatment standard or requirement,
unless such user first files with it a satisfactory bond, payable
to the Town, in a sum not to exceed a value determined by the Webster
Town Board to be necessary to achieve consistent compliance.
The Chief Plant Operator and/or Superintendent of Sewers may
decline to reissue a permit to any user which has failed to comply
with the provisions of this chapter or any order or previous permit
issued hereunder, or any other pretreatment standard or requirement,
unless the user first submits proof that it has obtained financial
assurances sufficient to restore or repair POTW damage caused by its
discharge.
The Chief Plant Operator and/or Superintendent of Sewers/Commissioner
of Public Works with Town Board approval is authorized to pay up to
$250 for information leading to the discovery of noncompliance by
a user. In the event that the information provided results in an administrative
fine or civil penalty levied against the user, the Chief Plant Operator
and/or Superintendent of Sewers/Commissioner of Public Works is authorized
to disperse up to 5% of the collected fine or penalty to the informant.
However, a single reward payment may not exceed $5,000, including
the discovery reward.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Sewer Department shall publish annually, in the largest daily newspaper published in the municipality where the POTW is located, a list of the users which, during the previous 12 months, were in significant noncompliance, as defined in § 257-7 of this chapter, with applicable pretreatment standards and requirements. The notification shall also summarize any enforcement actions taken against the user(s) during the same 12 months. All costs incurred to publish the notice shall be borne by the user.
Users which have not achieved consistent compliance with applicable
pretreatment standards and requirements are not eligible to receive
a contractual award for the sale of goods or services to the Town.
A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in § 257-73A of this chapter or the specific prohibitions in § 257-73B of this chapter if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass-through or interference and that either:
A.
A local limit exists for each
pollutant discharged and the user was in compliance with each limit
directly prior to, and during, the pass-through or interference; or
B.
No local limit exists, but the
discharge did not change substantially in nature or in constituents
from the user's prior discharge when the Town was regularly in compliance
with its NPDES permit and, in the case of interference, was in compliance
with applicable sludge use or disposal requirements.
The Town Board and/or Chief Plant Operator and/or Superintendent
of Sewers shall report industrial waste discharges consistently failing
to achieve Town, state, or federal pollution standards to appropriate
local, state, and federal agencies. The Chief Plant Operator and/or
Superintendent of Sewers shall assist appropriate local, state, and
federal agencies as necessary in their review or action upon such
report.
A.
Proceedings under this chapter
do not preclude enforcement of any ordinances, criminal statutes or
laws of the State of New York by either the Town of Webster or the
State of New York.
B.
An action or proceeding may
be brought by the Chief Plant Operator and/or Superintendent of Sewers,
Commissioner of Public Works and/or the Town Board in a court of competent
jurisdiction to compel compliance with or restrain by injunction any
violation of this chapter, notwithstanding the provisions of this
article for penalty or other punishment.
