[Adopted 8-8-1977]
This article sets uniform requirements for discharges into the
wastewater collection and treatment system and enables the City to
comply with the applicable effluent limitations, national standards
of performance and toxic and pretreatment effluent standards of the
Federal Water Pollution Control Act Amendments of 1972 (P.L. 92-500)
and any other discharge criteria which are required or authorized
by state or federal law and to derive the maximum public benefit by
regulating the quality and quantity of wastewater discharged into
those systems. This article also provides for the issuance of permits
to certain users.
[Amended 6-11-1984]
A.
Unless otherwise defined herein, terms shall be as adopted in the
latest edition of Standard Methods for the Examination of Water and
Wastewater, published by the American Public Health Association, the
American Water Works Association and the Water Environment Federation.
Waste constituents and characteristics shall be measured by standard
methods unless expressly stated or as established by federal or state
regulatory agencies.
B.
BENEFICIAL USES
BUILDING SEWER
CITY
COMMUNITY SEWER
COMPATIBLE POLLUTANT
CONTAMINATION
FEDERAL ACT
HOLDING TANK WASTE
INCOMPATIBLE POLLUTANT
NUISANCE
PERSON
POLLUTION
PREMISES
UNPOLLUTED WATER
USER
USER CLASSIFICATION
WASTE
WASTEWATER
WASTEWATER CONSTITUENTS AND CHARACTERISTICS
WATERS OF THE STATE
As used in this article, the following terms shall have the meanings
indicated:
Uses of the waters of the state that may be protected against
quality degradation, including but not necessarily limited to domestic,
municipal, agricultural and industrial supply, power generation, recreation,
aesthetic enjoyment, navigation and the preservation and enhancement
of fish, wildlife and other aquatic resources or reserves and other
uses, both tangible or intangible, as specified by federal or state
law.
A sewer conveying wastewater from the premises of a user
to a community sewer.
The City of Newburgh, New York.
A sewer owned and operated by the City, tributary to any
treatment facility operated by the City.
Biochemical oxygen demand, suspended solids, pH and fecal
coliform bacteria, plus additional pollutants identified in the City's
National Pollutant Discharge Elimination System (NPDES) permit if
the City's treatment facilities (treatment works) were designed
to treat such pollutants and in fact do remove such pollutants to
a substantial degree.
An impairment of the quality of the waters of the state by
waste to a degree which creates a hazard to the public health through
poisoning or through the spread of disease. Contamination shall include
any equivalent effect resulting from the disposal of wastewater, whether
or not waters of the state are affected.
The Federal Water Pollution Control Act, P.L. 92-500, and
any amendments thereto, as well as any guidelines, limitations and
standards promulgated by the Environmental Protection Agency pursuant
to the Act.
Any waste from holding tanks such as vessels, chemical toilets,
campers, trailers, septic tanks and vacuum pump tank trucks.
Any pollutant which is not a compatible pollutant as defined
in this section.
Anything which is injurious to health or is indecent or offensive
to the senses or an obstruction to the free use of property so as
to interfere with the comfort or enjoyment of life or property or
which affects at the same time an entire community or neighborhood
or any considerable number of persons, although the extent of the
annoyance or damage inflicted upon individuals may be unequal.
Any individual, partnership, firm, association, corporation
or public agency, including the State of New York and the United States
of America, which produces industrial wastes.
An alteration of the quality of the waters of the state by
waste to a degree which unreasonably affects such waters for beneficial
use or facilities which serve such beneficial uses. Pollution may
include contamination.
A parcel of real estate, including any improvements thereon,
which is determined by the City to be a single user for purposes of
receiving, using and paying for service.
Water to which no constituent has been added, either intentionally
or accidentally, which would render such water unacceptable to the
agency having jurisdiction thereof for disposal to storm or natural
drainages or directly to surface waters.
Any person that discharges, causes or permits the discharge
of wastewater into a community sewer.
A classification of user based on the 1972 Edition of the
Standard Industrial Classification (SIC) Manual, prepared by the Executive
Office of Management and Budget.
Includes sewage and any and all other waste substances, liquid,
solid, gaseous or radioactive, resulting from any producing, manufacturing
or processing operation of whatever nature, including such waste placed
within containers of whatever nature prior to and for purposes of
disposal.
Waste and water, whether treated or untreated, discharged
into or permitted to enter a community sewer.
The individual chemical, physical, bacteriological and radiological
parameters, including volume and flow rate and such other parameters
that serve to define, classify or measure the contents, quality, quantity
and strength of wastewater.
Any water, surface or underground, including saline waters
within the boundaries of the state.
A.
No person shall place a pollutant in a community sewer which is prohibited
by the Federal Act, as amended, or by this article.
B.
In no case shall a substance be discharged into a community sewer
which shall cause the treatment plant to be in noncompliance with
sludge use or disposal criteria, guidelines or regulations developed
under Section 405 of the Federal Act; or any criteria, guidelines
or regulations affecting sludge use or disposal developed pursuant
to the Solid Waste Disposal Act; or state criteria, guidelines or
regulations applicable to the sludge management method being used.
[Amended 12-28-1981]
C.
No person shall discharge to a community sewer wastes which cause,
threaten to cause or are capable of causing, either alone or by interaction
with other substances:
(1)
A fire or explosion.
(2)
An obstruction of flow in a sewer system or injury of the system
or damage to the wastewater collection, treatment or disposal facilities.
(3)
Danger to life or safety of personnel.
(4)
A nuisance or prevention of the effective maintenance or operation
of the sewer system through having a strong, unpleasant odor.
(5)
Air pollution by the release of toxic or malodorous gases or malodorous
gas-producing substances.
(6)
Interference with the wastewater treatment process.
(7)
The City's effluent or any other product of the treatment process,
residues, sludges or scums to be unsuitable for reclamation and reuse
or to interfere with the reclamation process.
(8)
A detrimental environmental impact or a nuisance in the waters of
the state or a condition unacceptable to any public agency having
regulatory jurisdiction over the City.
(9)
Discoloration or any other condition in the quality of the City's
treatment works effluent in such a manner that receiving water quality
requirements established by law cannot be met.
(10)
Conditions at or near the City's treatment works which
violate any statute or any rule, regulation or ordinance of any public
agency or state or federal regulatory body.
(11)
Quantities or rates of flow which overload the City's collection
or treatment facilities or cause excessive City collection or treatment
costs or may use a disproportionate share of the City facilities.
D.
In addition to those provisions set forth herein, no person shall
be permitted to discharge or cause to be discharged to a community
sewer wastes in violation of any federal or state law, statute, rule
or regulation. Any such discharge shall also be deemed to be in violation
of this section.
[Amended 12-28-1981]
[Amended 6-11-1984]
A.
Unpolluted water, including but not limited to cooling water, process
water or blowdown from cooling towers or evaporative coolers, will
not be discharged through direct or indirect connection to a community
sewer unless a permit is issued by the City. The City may approve
the discharge of such water only when no reasonable alternative method
of disposal is available.
B.
If a permit is granted for the discharge of such water into a community
sewer, the user shall pay the applicable user charges and fees and
shall meet such other conditions as required by the City.
C.
Dilution is prohibited as a substitute for pretreatment. If unpolluted
water is permitted by the City to be discharged with a regulated stream,
mass limitations will be imposed upon the regulated waste stream prior
to the addition of the unpolluted water.
No person shall discharge or cause to be discharged any radioactive
waste into a community sewer except:
A.
When the person is authorized to use radioactive materials by the
State Department of Health, State Department of Environmental Conservation
or other governmental agency empowered to regulate the use of radioactive
materials.
B.
When the waste is discharged in strict conformity with current federal
and state regulations and recommendations for safe disposal and when
the person is in compliance with all rules and regulations of all
other applicable regulatory agencies.
Waste from garbage grinders shall not be discharged into a community
sewer, except where the user has obtained a permit for that specific
use from the City. Such grinders must shred the waste to a degree
that all particles will be carried freely under normal flow conditions
prevailing in the community sewer. Garbage grinders shall not be used
for grinding plastics, paper products, inert materials or garden refuse.
No person shall discharge any substances directly into a manhole
or other opening in a community sewer other than through an approved
building sewer unless, upon written application by the user and payment
of the applicable user charges and fees, the City issues a permit
for such direct discharges.
A user proposing to discharge holding tank waste into a community
sewer must secure a permit. Unless allowed by the City under the terms
and conditions of the permit, a separate permit must be secured for
each separate discharge. This permit will state the specific location
of discharge and the wastewater constituents and characteristics.
If a permit is granted for discharge of such waste into a community
sewer, the user shall pay the applicable user charges and fees and
shall meet such other conditions as required by the City.
A.
No person shall discharge any wastewater containing material such
as arsenic, cadmium, copper, cyanide, lead, mercury, nickel, silver,
chromium, zinc and similar toxic substances, either in soluble or
suspended solid form, in concentrations higher than those achieved
in appropriate pretreatment facilities approved by the City.
B.
No person shall discharge any wastewater:
(1)
Having a temperature which will inhibit biological activity in the
publicly owned treatment works resulting in interference, but in no
case wastewater with a temperature at the introduction into the publicly
owned treatment works which exceeds 114° F. (45.5° C.).
[Amended 2-13-1996 by Ord. No. 3-96]
(2)
Containing more than 100 milligrams per liter of oil or grease.
(3)
Having a pH lower than 5.5 or higher than 9.0.
[Amended 9-24-2012 by Ord. No. 6-2012; 2-13-2017 by Ord. No. 1-2017]
(4)
[1]Containing in excess of one milligram per liter phenolic
compounds which cannot be removed by the City's wastewater treatment
process.
[1]
Editor's Note: Former Subsection B(4), dealing with identifiable
chlorinated hydrocarbons, was repealed 8-8-1994 by Ord. No. 16-94.
This ordinance also provided for the renumbering of former Subsection
B(5) as B(4).
C.
Effluent limitations promulgated by the Federal Act shall apply in
any instance where they are more stringent than those in this article.
Under Section 307(b) of the Act, federal pretreatment standards are
designed to achieve two purposes: to protect the operation of publicly
owned treatment works and to prevent the discharge of pollutants which
pass through such works inadequately treated. Users in industrial
categories subject to effluent guidelines issued under Section 304(b)
of the Act which are discharging works are required to adopt the best
practicable control technology currently available, as defined by
the Administrator pursuant to Section 304(b) of the Act.
[Amended 6-11-1984]
[Amended 6-11-1984]
No user shall discharge an amount of any of the following effluents
in excess of the amount indicated in the table during any one day:
|
Effluent
|
Effluent Concentration Limits in Milligrams per Liter
(maximum for any 1 day)
| |
|---|---|---|
|
Cadmium (T)
|
0.69
| |
|
Chromium (T)
|
2.77
| |
|
Copper (T)
|
3.38
| |
|
Lead (T)
|
0.69
| |
|
Nickel (T)
|
3.98
| |
|
Silver (T)
|
0.43
| |
|
Zinc (T)
|
2.61
| |
|
Cyanide (T)
|
1.20
| |
|
Cyanide (A)
|
1.20
| |
|
Industrial facilities with cyanide treatment
|
0.86
| |
|
Total toxic organics
|
2.13
| |
[Amended 12-28-1981]
Whenever the City determines that it is necessary to compile
an industrial wastewater survey or to submit a questionnaire to industrial
users of the City sewer system, it may require such industrial users
to answer such survey or questionnaire. Failure to answer such questionnaire
or survey shall be a violation and shall be subject to the penalties
provided for violation of this article.
The City may require that any person discharging or proposing
to discharge wastewater into a community sewer file a periodic discharge
report. The discharge report may include but not be limited to the
nature of process, volume, rates of flow, mass emission rate, production
quantities, hours of operation, number and classification of employees
or other information which relates to the generation of waste, including
wastewater constituents and characteristics in the wastewater discharge.
Such reports may also include the chemical constituents and quantity
of liquid or gaseous materials stored on site even though they may
not normally be discharged. In addition to discharge reports, the
City may require information in the form of wastewater discharge permit
applications and self-monitoring reports.
A.
Mandatory permits. All users proposing to connect or to discharge
into a community sewer must obtain a wastewater discharge permit before
connecting to or discharging into a community sewer.
B.
Existing users. All existing users connected to or discharging into
a community sewer must obtain a wastewater discharge permit within
90 days after the effective date of this article.
C.
Permit application.
(1)
Users seeking a wastewater discharge permit shall complete and file
with the Manager an application in the form prescribed by the Manager
and accompanied by the applicable fees. The applicant may be required
to submit, in units and terms appropriate for evaluation, the following
information:
(a)
The name, address and SIC number of the applicant.
(b)
The volume of wastewater to be discharged.
(c)
The wastewater constituents and characteristics, including but not limited to those mentioned in § 248-32, as determined by a laboratory approved by the City.
(d)
The time and duration of discharge.
(e)
The average and thirty-minute peak wastewater flow rates, including
daily, monthly and seasonal variations, if any.
(f)
The site plans, floor plans, mechanical and plumbing plans and
details to show all sewers and appurtenances by size, location and
elevation.
(g)
A description of activities, facilities and plant process on
the premises, including all materials, processes and types of materials
which are or could be discharged.
(h)
Each product produced by type, amount and rate of production.
(i)
The number and type of employees and hours of work.
(j)
A list of any and all environmental control permits held by
or for the facility.
[Added 1-10-1983]
(k)
Any other information as may be deemed by the Manager to be
necessary to evaluate the permit application.
(2)
The Manager will evaluate the data furnished by the user and may
require additional information. After evaluation and acceptance of
the data furnished, the Manager may issue a wastewater discharge permit
subject to terms and conditions provided herein.
D.
Permit conditions. Wastewater discharge permits shall be expressly
subject to all provisions of this article and all other regulations,
user charges and fees established by the City. The conditions of wastewater
discharge permits shall be uniformly enforced by the Manager in accordance
with this article and applicable state and federal regulations. Permits
may contain the following:
(1)
The unit charge or schedule of user charges and fees for the wastewater
to be discharged to a community sewer.
(2)
The average and maximum wastewater constituents and characteristics.
(3)
Limits on rate and time of discharge or requirements for flow regulations
and equalization.
(4)
Requirements for installation of inspection and sampling facilities.
(5)
Pretreatment requirements.
(6)
Specifications for monitoring programs which may include sampling
locations, frequency and method of sampling, number, types and standards
for tests and reporting schedule.
(7)
Requirements for submission of technical reports or discharge reports.
(8)
Requirements for maintaining plant records relating to wastewater
discharge as specified by the City and affording the City access thereto.
(9)
The mean and maximum mass emission rates or other appropriate limits when incompatible pollutants as defined by § 248-25 are proposed or present in the user's wastewater discharge.
(10)
Other conditions as deemed appropriate by the City to ensure
compliance with this article.
E.
Duration. Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The permittee must reapply for renewal of his permit prior to 90 days before the expiration of his permit. The terms and conditions of the permit may be subject to modification and change by the City during the life of the permit as limitations or requirements as identified in § 248-32 are modified or changed. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
[Amended 10-9-1990 by Ord. No. 27-90; 3-11-1991 by Ord. No. 12-91]
F.
Transfer. Wastewater discharge permits are issued to a specific user
for a special operation. A wastewater discharge permit shall not be
reassigned or transferred or sold to a new owner, new user, different
premises or a new or changed operation.
G.
Revocation. Any user who violates the following conditions of the
permit or of this article or applicable state and federal regulations
is subject to having his permit revoked:
(1)
Failure of the user to factually report the wastewater constituents
and characteristics of his discharge.
(2)
Failure of the user to report significant changes in operations or
wastewater constituents and characteristics.
(3)
Refusal of reasonable access to the user's premises for the
purpose of inspection or monitoring.
(4)
Failure of the user to pay all applicable charges and fees.
A.
The City may require the user to construct, at his own expense, monitoring
facilities to allow inspection, sampling and flow measurement of the
building sewer or internal drainage systems and may also require sampling
or metering equipment to be provided, installed and operated at the
user's expense. The monitoring facility should normally be situated
on the user's premises, but the City may, when such a location
would be impractical or cause undue hardship on the user, allow the
facility to be constructed in the public street or sidewalk area and
located so that it will not be obstructed by landscaping or parked
vehicles.
B.
If the monitoring facility is inside the user's fence, there
shall be accommodations to allow access for City personnel, such as
a gate secured with a City lock. There shall be ample room in or near
such sampling manhole to allow accurate sampling and compositing of
samples for analysis. The manhole, sampling and measuring equipment
shall be maintained at all times in a safe and proper operating condition
at the expense of the user.
C.
Whether constructed on public or private property, the sampling and
monitoring facilities shall be provided in accordance with the City's
requirements and all applicable local agency construction standards
and specifications. Construction shall be completed within 90 days
following written notification by the City, unless a time extension
is otherwise granted by the City.
Agents of the City, the New York State Department of Environmental
Conservation and the United States Environmental Protection Agency
may inspect the facilities of any user to ascertain whether the purpose
of this article is being met and all requirements are being complied
with. Persons or occupants of premises where wastewater is created
or discharged shall allow said agents ready access at all reasonable
time to all parts of the premises for the purposes of inspection or
sampling or in the performance of any of their duties, and said agents
shall have the right to set up on the user's property such devices
as are necessary to conduct sampling or metering operations. Where
a user has security measures in force which would require proper identification
and clearance before entry into their premises, the user shall make
necessary arrangements with their security guards so that, upon presentation
of suitable identification, said agents will be permitted to enter
without delay for the purposes of performing their specific responsibilities.
[Amended 12-28-1981]
A.
Users shall provide necessary wastewater treatment to make wastewater
acceptable under the limitations established herein and shall achieve
compliance with all Federal Categorical Pretreatment Standards within
the time limitations as specified by the Federal Pretreatment Regulations
before discharging into any community sewer. Any facilities required
to pretreat wastewater to a level acceptable to the City shall be
provided, operated and maintained at the user's expense. Detailed
plans showing the pretreatment facilities and operating procedures
shall be submitted to the City for review and shall be acceptable
to the City before construction of the facility. The review of such
plans and operating procedures will in no way relieve the user from
the responsibility of modifying the facility as necessary to produce
an effluent acceptable to the City under the provisions of this article.
Any subsequent changes in the pretreatment facilities or method of
operation shall be reported to and be acceptable to the City prior
to the user's initiation of the changes.
B.
The City shall publish annually in the official newspapers of the
City of Newburgh a list of the industrial users which, at any time
during the previous 12 months, were in significant noncompliance with
applicable pretreatment requirements. For the purposes of this provision,
an industrial user is in significant noncompliance if its violation
meets one or more of the following criteria:
[Amended 12-14-2015 by Ord. No. 13-2015]
(1)
Chronic violations of wastewater discharge limits, defined here as
those in which 66% or more of all of the measurements taken for the
same pollutant parameter during a six-month period exceed (by any
magnitude) a numeric pretreatment standard or requirement, including
instantaneous limits, as defined by 40 CFR 403.3(l);
(2)
Technical review criteria (TRC) violations, defined here as those
in which 33% or more of all of the measurements taken for the same
pollutant parameter during a six-month period equal or exceed the
product of the numeric pretreatment standard or requirement, including
instantaneous limits, as defined by 40 CFR 403.3(l) multiplied by
the applicable TRC=(TRC-1.4 for BOD, TSS, fats, oil, and grease, and
1.2 for all other pollutants except pH);
(3)
Any other violation of a pretreatment standard or requirement as
defined by 40 CFR 403.3(l) (daily maximum, long-term average, instantaneous
limit, or narrative standard) that the POTW determines has caused,
alone or in combination with other discharges, interference or pass-through
(including endangering the health of POTW personnel or the general
public);
(5)
Failure to meet, within 90 days after the schedule date, a compliance
schedule milestone contained in a local control mechanism or enforcement
order for starting construction, completing construction, or attaining
final compliance;
(6)
Failure to provide, within 45 days after the due date, required reports
such as baseline monitoring reports, ninety-day compliance reports,
periodic self-monitoring reports, and reports on compliance with compliance
schedules;
(7)
Failure to accurately report noncompliance;
(8)
Any other violation or group of violations, which may include a violation
of best management practices, which the POTW determines will adversely
affect the operation or implementation of the local pretreatment program.
C.
All records relating to compliance with pretreatment standards shall
be made available to officials of the City, the Environmental Protection
Agency or approval authority upon request.
A.
Each user shall provide protection from accidental discharge of prohibited
materials or other wastes regulated by this article. Such facilities
shall be provided and maintained at the user's expense. Detailed
plans showing facilities and operating procedures to provide this
protection shall be submitted to the City for review and shall be
acceptable to the City before construction of the facility.
B.
The review of such plans and operating procedures will in no way
relieve the user from the responsibility of modifying the facility
as necessary to provide the protection necessary to meet the requirements
of this section.
[Amended 12-28-1981]
A.
Information and data on a user obtained from reports, questionnaires,
permit applications, permits and monitoring programs and from inspections
shall be available to the public or other governmental agency without
restriction unless the user specifically requests and is able to demonstrate
to the satisfaction of the City that the release of such information
would divulge information, processes or methods of production entitled
to protection as trade secrets of the user.
B.
When requested by the person furnishing a report, the portions of
a report which might disclose trade secrets or secret processes shall
not be made available for inspection by the public but shall be made
available upon written request to governmental agencies for uses related
to this article, the National Pollutant Discharge Elimination System
(NPDES) permit, state disposal system permit and/or the pretreatment
programs; provided, however, that such portions of a report shall
be available for use by the state or any state agency in judicial
review or enforcement proceedings involving the person furnishing
the report. Wastewater constituents and characteristics will not be
recognized as confidential information.
C.
Information accepted by the City as confidential shall not be transmitted
to any governmental agency or to the general public by the City until
and unless a ten-day notification is given to the user.
All users shall be classified by assigning each one to a user
classification category according to the principal activity conducted
on she user's premises and based on the typical wastewater constituents
and characteristics for that type of user as determined by the City.
The purpose of such classification is to facilitate the regulation
of wastewater discharges based on wastewater constituents and characteristics
to provide an effective means of source control and to establish a
system of user charges and fees which will ensure an equitable recovery
of the City's cost. Wastewater constituents and characteristics
may include but not be limited to the following: suspended solids,
BOD, chemical oxygen demand, oil and grease and chlorine demand.
A user classification charge may be adopted for each user category
based upon the charges for the average wastewater constituents and
characteristics for each user classification. The charges for each
wastewater constituent and characteristic shall be established by
the City and set forth in the schedule of charges and fees adopted
by the City. The City may adopt a schedule of charges and fees which
may include:
[Amended 6-8-1987 by Ord. No. 12-87; 6-13-1988 by L.L. No. 4-1988]
The permit application fee to be paid upon the initial application and upon each annual application for renewal of a discharge permit shall be as set forth in Chapter 163, Fees, of this Code.
A.
Notification of discharge.
(1)
Users shall notify the City immediately upon accidentally discharging
wastes in violation of this article to enable countermeasures to be
taken by the City to minimize damage to the community sewer, treatment
facility, treatment processes and the receiving waters.
(2)
This notification shall be followed, within three days of the date
of occurrence, by a detailed written statement describing the causes
of the accidental discharge and the measures being taken to prevent
future occurrence.
(3)
Such notification will not relieve users of liability for any expense,
loss or damage to the sewer system, treatment plant or treatment process
or for any fines imposed on the City on account thereof.
B.
Notices to employees. In order that employees of users are informed
of City requirements, users shall make available to their employees
copies of this article, together with such other wastewater information
and notices which may be furnished by the City from time to time directed
toward more effective water pollution control. A notice shall be furnished
and permanently posted on the user's bulletin board advising
employees whom to call in case of an accidental discharge in violation
of this article.
C.
Preventive measures. Any direct or indirect connection or entry point
for persistent or deleterious wastes to the user's plumbing or
drainage system should be eliminated. Where such action is impractical
or unreasonable, the user shall appropriately label such entry points
to warn against discharge of such wastes in violation of this article.
When the City finds that a discharge of wastewater has taken
place in violation of prohibitions or limitations of this article
or the provisions of a wastewater discharge permit, the Manager may
issue an order to cease and desist and direct that those persons not
complying with such prohibitions, limits, requirements or provisions
to:
[Amended 12-28-1981]
Whenever the City finds that any user has violated or is in
violation of this article or a wastewater contribution permit or that
a discharge of wastewater has occurred in violation of any prohibition,
limitation or requirement contained herein or in the Environmental
Protection Agency regulations or NPDES permit, the City may serve
upon such a user a written notice stating the nature of the violation.
Within 30 days of the date of the notice, a plan for the satisfactory
correction thereof shall be submitted to the City by the user.
[Added 10-13-1992 by Ord. No. 21-92]
A.
The City Manager may order any industrial user or significant industrial
user who it is alleged caused or contributed to a violation of this
article or of any permit issued hereunder to appear at a hearing to
determine whether such a violation has occurred and whether enforcement
action should be taken against him.
B.
Notice.
(1)
(2)
Such notice shall be served at least 15 days prior to the date
set for such hearing.
C.
The hearing shall be conducted before the City Manager or before
a subordinate City official designated by the City Manager. All parties
shall, at the hearing, have the opportunity to present documents and
written or oral arguments or questions of law or fact, to examine
or cross-examine witnesses and to be represented by counsel. The designated
hearing official shall keep notes of the proceedings or any party
may, at its expense, arrange for a certified stenographic transcript
to be kept. If such a transcript is kept, the party arranging for
it shall provide, at its expense, a copy of such transcript to the
designated hearing officer and to its adversary.
D.
The rules governing the admissibility of evidence in a court of law
are not applicable. Evidence which would not be admissible in a court,
such as hearsay, is admissible. However, a decision shall be based
upon substantial evidence.
E.
Adjournments of hearings may only be granted by the hearing officer
designated for the particular hearing. Requests for adjournments made
less than seven days prior to the scheduled hearing date shall not
be granted.
F.
The failure of any industrial user or significant industrial user
to appear at a scheduled hearing in any case where an adjournment
is not requested or, if requested, is not granted shall be deemed
a waiver of hearing, and the designated hearing officer shall, upon
review of the evidence, impose such penalties as he shall deem warranted
thereby.
G.
The designated hearing officer may announce his decision at the conclusion of the hearing or may reserve decision, and, in either case, a written decision and administrative order shall be made setting forth findings of fact, conclusions of law, the disposition of the charges and any penalty or penalties imposed. Such written decision and order shall be served on all parties in the same manner as prescribed for service of process by Article 3 of the Civil Practice Law and Rules or Article 3 of the Business Corporation Law.
H.
The designated hearing officer may impose a civil penalty not to
exceed $1,000 for each violation. Each day a violation continues shall
be a separate violation. The penalty or penalties imposed shall be
enforced as if they were money judgments, without further court action.
A copy of each administrative order imposing such a penalty or penalties
shall be filed in the office of the Clerk of the County of Orange
after four months from the date of the issuance of such administrative
order. In the event that the order was issued as a result of the respondent's
default in appearing at the hearing, a notice of default shall be
mailed to the respondent at the address indicated on the respondent's
wastewater discharge permit, by regular mail, at least seven days
before such filing. A copy of such notice with an affidavit of service
by mail thereof shall be filed with a copy of such order. Upon such
filing, the County Clerk shall enter and docket such order in the
same manner and with the same effect as a money judgment. Upon such
entry and docketing, such decision and order may be enforced as provided
in Article 25 of the Civil Practice Law and Rules.
I.
Any party who has appeared at the hearing who is aggrieved by the
decision and order therein may seek review of such decision and order
in a proceeding pursuant to Article 78 of the Civil Practice Law and
Rules.
[Amended 12-28-1981; 10-9-1990 by Ord. No. 27-90]
Any user, permit applicant or permit holder aggrieved by any decision, action or determination, including the procedures set forth in § 248-55 of this article or in any permit issued herein, or any interpretation or implementation of the provisions of this article may file with the City Manager a written request for review of such decision, action or determination, stating the reasons why such decision, action or determination should be rescinded, modified or withdrawn. The decision, action or determination shall remain in effect during the period such appeal is under consideration.
Discharge of wastewater in any manner in violation of this article
or of any order issued by the Manager as authorized by this article
is hereby declared a public nuisance and shall be corrected or abated
as directed by the Manager.
Whenever a discharge of wastewater is in violation of the provisions
of this article or otherwise causes or threatens to cause a condition
of contamination, pollution or nuisance, the City may petition the
State Supreme Court for the issuance of a preliminary or permanent
injunction, or both, as may be appropriate in restraining the continuance
of such discharge.
When a discharge of wastes causes an obstruction, damage or
any other impairment to City facilities, the City may assess a charge
against the user for the work required to clean or repair the facility
and add such charge to the user's charges and fees.
Any person who negligently or intentionally violates any provision
of this article or permit condition or who discharges wastewater which
causes pollution or who negligently or intentionally violates any
cease and desist order, prohibition, effluent limitation, national
standard of performance or pretreatment or toxicity standard shall
be liable civilly to monetary damages which accrue to the City by
reason of the violation. The Corporation Counsel of the City, upon
order of the City Manager, shall petition the appropriate court to
impose, assess and recover such sums.
Any person who intentionally, recklessly or with criminal negligence
violates any provision of this article or permit condition or who
discharges wastewater which causes pollution or who violates any cease
and desist order, prohibition, effluent limitation, national standard
of performance or pretreatment or toxicity standard shall be liable
to a sum not to exceed $1,000 for each day in which such violation
occurs or to imprisonment for not more than one year or both.
Any person who knowingly, recklessly or with criminal negligence
makes any false statement, representation or certification in any
application, record, report, plan or other document submitted to the
City or required to be maintained by this article or who falsifies,
tampers with or knowingly, recklessly or with criminal negligence
renders inaccurate any monitoring device or method required under
this article shall be punished by a fine of not more than $500 or
by imprisonment for not more than six months, or by both. The Corporation
Counsel of the City, upon order of the City Manager, shall petition
any appropriate court to impose, assess and recover such sums.
[Amended 12-28-1981]
A.
The City may suspend the wastewater treatment service and/or a wastewater
discharge permit when such suspension is necessary, in the opinion
of the City, in order to stop an actual or threatened discharge which
presents or may present an imminent or substantial endangerment to
the health or welfare of persons or to the environment or which causes
interference to the water treatment plant or causes the City to violate
any condition of its NPDES permit.
B.
Any person notified of a suspension of the wastewater treatment service
or the wastewater discharge permit shall immediately stop or eliminate
the contribution. In the event of failure of the person to comply
voluntarily with the suspension order, the City shall take such steps
as deemed necessary, including immediate severance of the sewer connection,
to prevent or minimize damage to the water treatment or sewer system
or endangerment to any individuals. The City shall reinstate the wastewater
discharge permit or the wastewater treatment service upon proof of
the elimination of the noncomplying discharge. A detailed written
statement submitted by the user describing the causes of the harmful
contribution and the measures taken to prevent any future occurrence
shall be submitted to the City within 15 days of the date of occurrence.
