City of Newburgh, NY
Orange County
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Table of Contents
Table of Contents
[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. 
As used in this article, the following terms shall have the meanings indicated:
BENEFICIAL USES
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.
BUILDING SEWER
A sewer conveying wastewater from the premises of a user to a community sewer.
CITY
The City of Newburgh, New York.
COMMUNITY SEWER
A sewer owned and operated by the City, tributary to any treatment facility operated by the City.
COMPATIBLE POLLUTANT
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.
CONTAMINATION
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.
FEDERAL ACT
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.
HOLDING TANK WASTE
Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum pump tank trucks.
INCOMPATIBLE POLLUTANT
Any pollutant which is not a compatible pollutant as defined in this section.
NUISANCE
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.
PERSON
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.
POLLUTION
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.
PREMISES
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.
UNPOLLUTED WATER
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.
USER
Any person that discharges, causes or permits the discharge of wastewater into a community sewer.
USER CLASSIFICATION
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.
WASTE
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.
WASTEWATER
Waste and water, whether treated or untreated, discharged into or permitted to enter a community sewer.
WASTEWATER CONSTITUENTS AND CHARACTERISTICS
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.
WATERS OF THE STATE
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);
(4) 
Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW's exercise of its emergency authority under §§ 248-46 through 248-53 of this article, to halt or prevent such a discharge;
(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:
A. 
User classification charges.
B. 
Fees for monitoring.
C. 
Fees for permit applications.
D. 
Appeal fees.
E. 
Charges and fees based on wastewater constituents and characteristics to include industrial cost recovery provisions of the Federal Act.
[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:
A. 
Comply forthwith;
B. 
Comply in accordance with a time schedule set forth by the City; or
C. 
Take appropriate remedial or preventive action in the event of a threatened violation.
[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) 
A notice shall be served 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 on the user setting forth the following:
(a) 
The date, time and place of the hearing.
(b) 
The violation(s) alleged to have been caused or contributed to by the user.
(c) 
The enforcement action proposed to be taken.
(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.
[Added 12-28-1981]
Any user who violates the provisions of this article or applicable state and federal regulations or the conditions of his permit is subject to having his permit revoked in accordance with the procedures of §§ 248-45 through 248-55 of this article.