The JRSB shall have the power to impose penalties
for the violation of any section of this local law. A proceeding to
impose the appropriate penalties shall be commenced by the service
of a notice of violation either personally or by certified mail (returnable
to the JRSB) upon the alleged violator. After such service, the JRSB
may initiate any or all of the following actions to penalize the alleged
violator and ensure compliance with the local law.
A.
Notice of violation. A notice of violation is used
to notify the industrial user of its pretreatment violation(s) and
to inform the user that a fine has been assessed by the JRSB. The
notice of violation shall include a provision explaining that full
payment of the fine is due to the JRSB within a specified period of
time.
B.
Administrative order. An administrative order is a
formal order issued by the JRSB specifying that the industrial user
is in noncompliance and outlines actions which are required on behalf
of the industry to bring itself into compliance, including but not
limited to the payment of an administrative order.
C.
Show cause hearing. A show cause hearing is either
a formal or informal meeting between the noncomplying industry and
the JRSB. One outcome of this meeting may be the assessment of an
administrative fine. In some cases a show cause hearing is granted
to provide the industry an opportunity to appeal the fine.
D.
Civil litigation. Civil litigation is the formal process
of filing lawsuits against industrial users to secure court ordered
action to correct violations and to secure penalties for violations,
including the recovery of costs to the JRSB for the noncompliance.
This course of action is normally pursued when the corrective action
required is either costly and complex, the penalty to be assessed
exceeds that which the JRSB can assess administratively or when the
industrial user is considered to be recalcitrant and unwilling to
cooperate.
E.
Criminal prosecution. Criminal prosecution is the
formal process of charging individuals and/or organizations with violations
of ordinance provisions that are punishable, upon conviction, by fines
and/or imprisonment. The purposes of criminal prosecution are to punish
noncompliance established through court proceedings and to deter future
noncompliance. Criminal offenses are traditionally defined as either
felonies or misdemeanors.
F.
Termination of sewer service. Termination of sewer
service is the revocation of an industrial user's privilege to discharge
industrial wastewater into the JRSB's sewer system.
G.
Supplemental enforcement responses. Supplemental enforcement
responses are actions which complement the more traditional enforcement
responses described in the preceding sections. The development and
application of such responses must be determined on a case-by-case
basis.
A.
The JRSB, its Executive Director, inspectors, Pretreatment
Coordinator or employees are hereby empowered to issue a notice of
violation when it(they) is(are) aware that any pretreatment violation
has occurred. The notice of violation is an official communication
from the POTW to the noncomplying industrial user, informing the industrial
user that a pretreatment violation has occurred. The notice of violation
is the most appropriate response to a nonsignificant violation. However,
a notice of violation may be issued in the case of significant noncompliance,
if issued prior to either the issuance of an administrative order
or judicial remedies. The notice of violation, being an official communication,
shall be in writing and on the letterhead of the JRSB. The notice
of violation shall contain the following minimum findings of fact:
(1)
That the JRSB is charged with constructing, maintaining
and regulating the use of the sewer system and treatment works.
(2)
In order to protect the sewer system and pretreatment
works, the JRSB administers a pretreatment program.
(3)
Under this program the industrial user was issued
a permit.
(4)
The permit contained numerical limits on the quantity
of pollutants which the industry could discharge, as well as self-monitoring
requirements and other duties.
(5)
On the _____ day of __________, _____, pollutant analysis
indicated that the quantity of (pollutant) exceeded the permit limitation,
et cetera.
B.
The notice of violation must be delivered to the user
no later than five business days after the discovery of the noncompliance.
A photocopy of all executed notices of violation shall be placed in
the file of the noncomplying industrial user along with the certified
mail receipt or a statement from the person who delivered the notice
of violation. If the user does not return to compliance as a result
of the notice of violation, the JRSB may escalate to more stringent
enforcement responses. (See forms at end of local law.)[1]
[1]
Editor's Note: Said forms are included at
the end of this chapter.
In situations where an industrial user fails
to correct a violation within 15 days of receiving a notice of violation,
the JRSB, its Executive Director or Pretreatment Coordinator shall
issue an administrative order for the correction of the violation.
In such circumstances the industrial user shall not be relieved of
any civil or criminal responsibility for unauthorized discharge(s)
which occurs during the fifteen-day interval. An administrative order
is an enforcement document which directs the industrial user to undertake
or to cease specified activities. It is not required that administrative
orders be negotiated with the industrial user. Administrative orders
are recommended as the first formal response to significant noncompliance
and may incorporate compliance schedules, administrative penalties
and termination of service. The JRSB may issue any of the following
types of orders: cease and desist orders; consent orders; show cause
orders; and compliance orders.
A.
Cease and desist orders. In situations where the JRSB,
its Executive Director and/or Pretreatment Coordinator discover that
a discharge of wastewater has taken place in violation of prohibitions
or limitations of this ordinance or the provisions of a wastewater
discharge permit and such discharge threatens to endanger human health
and/or the environment or interfere with the POTW, then either the
JRSB, its Executive Director or the Pretreatment Coordinator may issue
an order to cease and desist such violation against the violator.
In addition, the persons not complying with such prohibitions, limits,
requirements or provisions may be directed to comply forthwith with
this local law and/or a wastewater discharge permit. Such compliance
may be in accordance with a time schedule as set forth by the JRSB,
its Executive Director or Pretreatment Coordinator; in the alternative
the JRSB, its Executive Director or Pretreatment Coordinator may take
the appropriate remedial or preventive action to avoid a potential
or threatened violation. The cease and desist order directs the noncompliant
user to immediately cease illegal or unauthorized discharges or to
terminate its discharge altogether where the discharge could cause
interference or pass-through or otherwise create an emergency situation.
In nonemergency situations, the cease and desist order may be used
to suspend or permanently revoke industrial wastewater discharge permits.
If the user fails to comply with the order, the JRSB may take independent
action to halt the discharge. Such independent action shall include,
but is not limited to, terminating water service and/or blocking the
user's connection point.
B.
Consent orders.
(1)
The consent order is an agreement between the JRSB
and the industrial user normally containing four elements:
(a)
Compliance schedules.
(b)
Stipulated fines or remedial actions.
(c)
The statement that "none of the foregoing agreements,
statements, stipulations and actions taken by the industrial user"
shall be deemed an admission by the user of the allegations contained
within the notice of violation referred to herein. The agreements,
statements, stipulations, findings and actions taken herein are made
for the purpose of settling this matter economically and amicably
and they shall not be used for any purpose, except for any proceedings
to enforce the provisions of this consent order.
(d)
Signatures of JRSB and industry representatives.
(2)
A consent order is appropriate when the user assumes
responsibility for its noncompliance and is willing, through a show
of good faith, to correct the cause of the noncompliance.
C.
Show cause orders. A show cause order directs the
user to appear before the JRSB, explain its noncompliance and show
cause why more severe enforcement action against the user should not
go forward. The show cause order is typically issued after informal
contacts and notice of violation has failed to resolve the noncompliance.
However, the JRSB may also utilize the show cause order/hearing to
investigate violations of previous orders. The show cause hearing
can be conducted by the JRSB, the Attorney for the Board, the Executive
Director, the Pretreatment Coordinator or an impartial official designated
by the JRSB. It is within the sole discretion of the JRSB whether
the show cause hearing is to be formal or informal and whether it
will be open to the public. The purpose of the hearing is to enable
the JRSB to gather information, hear testimony and interview witnesses
regarding whether the industrial user caused or allowed an unauthorized
discharge into the system. At said hearing the industrial user has
the right to admit or deny the noncompliance, explain mitigating circumstances,
demonstrate its eventual compliance and describe all other corrective
measures. Prior to a hearing's being conducted, the JRSB, its Executive
Director or Pretreatment Coordinator shall serve a notice on the industrial
user specifying the time and place for the meeting, the proposed enforcement
action, the reasons for such action and a request that the industrial
user show cause why this 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
days prior to the hearing. Such notice may be served on any principal
executive, general partner or corporate officer. Whether or not a
duly notified industrial user appears as noticed, immediate enforcement
action may be pursued. The hearing officer(s) shall review all of
the evidence and determine what further action, if any, shall be taken.
In the event of an impasse between the industrial user and the hearing
officer(s), the JRSB may, subsequent to the hearing, issue a compliance
order, including a schedule, impose a fine or refer the case to its
attorney for civil litigation or criminal prosecution.
D.
Compliance order. When the JRSB, its Executive Director
or Pretreatment Coordinator finds that an industrial user has violated
or continues to violate the local law or a permit or order issued
thereunder, he (it) may issue an order to the industrial user responsible
for the discharge directing that, following a specified time period,
sewer service shall be disconnected unless adequate treatment facilities,
devices or other related appurtenances have been installed and are
properly operating. Orders may also contain such other requirements
as might be reasonably necessary and appropriate to address the noncompliance,
including the installation of pretreatment technology, additional
self-monitoring and management practices. (See forms at end of local
law.[1])
[1]
Editor's Note: Said forms are included at
the end of this chapter.
Notwithstanding any other section of this local
law, any industrial user who is found to have violated any provision
of this local law or permits and orders issued hereunder shall be
fined in an amount not to exceed $5,000 per violation. Each day on
which noncompliance shall occur or continue shall be deemed a separate
and distinct violation. Such assessments may be added to the industrial
user's next scheduled sewer service charge, and the JRSB, its Executive
Director or Pretreatment Coordinator shall have such other collection
remedies as he has to collect other service charges. Unpaid charges,
fines and penalties shall constitute a lien against the individual
user's property. Industrial users desiring to dispute such fines must
file a request for the JRSB, its Executive Director or Pretreatment
Coordinator to reconsider the fine within 10 days of being notified
of the fine. Where the JRSB, its Executive Director or Pretreatment
Coordinator believes a request has merit, he shall convene a hearing
on the matter within 15 days of receiving the request from the industrial
user.
A.
The JRSB, its Executive Director or Pretreatment Coordinator
may suspend the wastewater treatment service and/or wastewater permit
of an industrial user whenever such suspension is necessary in order
to stop an actual or threatened discharge presenting or causing an
imminent or substantial endangerment to the health or welfare of persons,
the POTW or the environment.
B.
Any user notified of a suspension of the wastewater treatment service and/or the wastewater permit shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the JRSB, its Executive Director or Pretreatment Coordinator shall 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. The JRSB, its Executive Director or Pretreatment Coordinator shall allow the user to recommence its discharge when the endangerment has passed, unless the termination proceedings set forth in § 137-47 are initiated against the user.
C.
An industrial user who is responsible, in whole or in part, for 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 JRSB, its Executive Director or Pretreatment Coordinator prior to the date of the hearing described in § 137-44C. (See forms at end of local law.[1])
[1]
Editor's Note: Said forms are included at
the end of this chapter.
A.
Significant industrial users proposing to discharge
into the POTW must first obtain a wastewater discharge permit from
the JRSB, its Executive Director or Pretreatment Coordinator. Any
user who violates the following conditions of this local law or a
wastewater discharge permit or order or any applicable state and/or
federal law is subject to permit termination:
(1)
Violation of permit conditions.
(2)
Failure to accurately report the wastewater constituents
and characteristics of its discharge.
(3)
Failure to report significant changes in operations
or wastewater constituents and characteristics.
(4)
Refusal of reasonable access to the user's premises
for the purpose of inspection, monitoring or sampling.
If any person discharges sewage, industrial
wastes or other wastes into the wastewater disposal system contrary
to the provisions of this local law or any order or permit issued
hereunder, the JRSB, its Executive Director or Pretreatment Coordinator,
through the attorney for the JRSB, may commence an action for appropriate
legal and/or equitable relief in the Supreme Court for the State of
New York, Rockland County.
Whenever an industrial user has violated or
continues to violate the provisions of this local law or permit or
order issued hereunder, the JRSB, its Executive Director or Pretreatment
Coordinator, through the attorney for the JRSB, may petition a court
of competent jurisdiction for the issuance of a preliminary or permanent
injunction, or both (as may be appropriate), which restrains the activities
or compels certain activities on the part of the industrial user.
The JRSB, its Executive Director or Pretreatment Coordinator shall
have such remedies to collect these fees as it has to collect other
sewer service charges.
A.
Any industrial user who has violated or continues
to violate this local law or any order or permit issued hereunder
shall be liable to the JRSB for a civil penalty of not more than $10,000
but at least $1,000, plus actual damages incurred by the POTW, per
violation per day for as long as the violation continues. In addition
to the above-described penalty and damages, the JRSB may recover reasonable
attorney's fees, court costs and other expenses associated with the
enforcement activities, including but not limited to sampling and
monitoring expenses.
B.
The JRSB shall petition the court to assess, impose and recover such sums as set forth in Subsection A above. In determining the 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 of the violation; any economic benefit to the industrial user as a result of the violation; corrective actions by the industrial user; the compliance history of the industrial user, and any other factor as justice requires.
A.
Violations generally.
(1)
Any industrial user who willfully or negligently violates
any provision of this local law or any orders or permits issued hereunder
shall, upon conviction, be guilty of a misdemeanor, punishable by
a fine not to exceed $1,000 per violation per day or imprisonment
for not more than one year or both.
(2)
In the event of a second conviction, the user shall
be punishable by a fine not to exceed $3,000 per violation per day
or imprisonment for not more than three years, or both.
B.
Falsifying information.
(1)
Any industrial 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 local law or wastewater permit, or who falsifies,
tampers with or knowingly renders inaccurate any monitoring device
or method required under this local law shall, upon conviction, be
punished by a fine of not more than $1,000 per violation per day or
imprisonment for not more than one year, or both.
(2)
In the event of a second conviction, the user shall
be punishable by a fine not to exceed $3,000 per violation per day
or imprisonment for not more than three years, or both.
A.
Annual publication of significant violators. The Executive
Director shall publish, at least annually in the largest daily newspaper
circulated in the service area, a description of those industrial
users which are found to be in significant violation of any provisions
of this local law or any permit or order issued hereunder during the
period since the previous publication.
B.
Performance bonds. The JRSB, its Executive Director
or Pretreatment Coordinator may decline to reissue a permit to any
industrial user which has failed to comply with the provisions of
this local law or any order or previous permit issued hereunder unless
such industrial user first files with the JRSB a satisfactory bond,
payable to the POTW, in a sum not to exceed a value determined by
either the JRSB, its Executive Director or Pretreatment Coordinator
to be necessary to achieve consistent compliance.
C.
Liability insurance. The JRSB, its Executive Director
or Pretreatment Coordinator may decline to reissue a permit to any
industrial user which has failed to comply with the provisions of
this local law or any order or previous permit issued hereunder unless
the industrial user first submits proof that it has obtained financial
assurances sufficient to restore or repair damage caused to the POTW
by its discharge.
D.
Water supply severance. Whenever an industrial user
has violated or continues to violate the provisions of this local
law or an order or permit issued hereunder, water service to the industrial
user may be severed and service will only recommence, at the user's
expense, after it has satisfactorily demonstrated its ability to comply.
E.
Public nuisances. Any violation of the prohibitions
or effluent limitations of this local law or permit or order issued
hereunder is hereby declared a public nuisance and shall be corrected
or abated as directed by the JRSB, its Executive Director or Pretreatment
Coordinator. Any person(s) creating a public nuisance shall be subject
to any applicable provisions of this local law, the codes, rules and
regulations of any participating member(s) or the New York State Penal
Law as same governs such nuisances.
F.
Informant rewards. The JRSB, its Executive Director
or Pretreatment Coordinator is authorized to pay up to $500 for information
leading to the discovery of noncompliance by an industrial user. In
the event that the information provided results in an administrative
fine or civil penalty levied against the industrial user, the JRSB,
its Executive Director or Pretreatment Coordinator is authorized to
disperse up to 10% of the collected fine or penalty to the informant.
However, a single reward payment may not exceed $10,000 and such disbursement
is within the sole discretion of the JRSB, its Executive Director
or Pretreatment Coordinator.
G.
Contractor listings.
(1)
In the discretion of the JRSB, industrial users which
have not achieved consistent compliance with applicable pretreatment
standards and requirements may not be eligible to receive a contractual
award for the sale of goods or services to the JRSB.
(2)
Existing contracts for the sale of goods or services
to the JRSB held by an industrial user found to be in significant
violation with pretreatment standards may be terminated at the discretion
of the JRSB.
A.
Treatment upsets.
(1)
Any industrial user which experiences an upset in
operations that places it in a temporary state of noncompliance which
is not the result of operational error, improperly designed treatment
facilities, inadequate treatment facilities, lack of preventive maintenance
or careless or improper operation shall inform the JRSB, its Executive
Director or Pretreatment Coordinator immediately upon becoming aware
of the upset. Where such information is given orally, a written report
shall be filed by the industrial user within five days. The report
shall contain:
(a)
A description of the upset, its cause(s) and
impact on the discharger's compliance status.
(b)
The duration of noncompliance, including exact
dates and times of noncompliance, and if the noncompliance is continuing,
the time by which compliance is reasonably expected to be restored.
(c)
All steps taken or planned to reduce, eliminate
and prevent recurrence of such an upset.
(2)
An industrial user which complies with the notification
provisions of this section in a timely manner shall have an affirmative
defense to any enforcement action brought by the JRSB, its Executive
Director or Pretreatment Coordinator for any noncompliance with this
local law or order or permit issued hereunder, if such violation occurred
during the period of the documented and verified upset.
B.
Treatment bypasses.
(1)
A bypass of the POTW is prohibited unless all of the
following conditions are met:
(2)
An industrial user must provide immediate notice to
the JRSB, its Executive Director or Pretreatment Coordinator upon
discovery of an unanticipated bypass. If necessary, the JRSB, its
Executive Director or Pretreatment Coordinator may require the industrial
user to submit a written report explaining the cause(s), nature and
duration of the bypass and the steps being taken to prevent its recurrence.
(3)
An industrial user may allow a bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it is for essential maintenance to ensure efficient operation of the treatment system. Industrial users anticipating a bypass must submit a notice to the JRSB, its Executive Director or Pretreatment Coordinator at least 10 days in advance. The JRSB, its Executive Director or Pretreatment Coordinator may only approve the anticipated bypass if the circumstances satisfy those set forth in Subsection B(1) above.
