When the Town Engineer finds that a user has violated, or continues to violate, any provision of this Part 1, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement, the Town Engineer may serve upon that user a written notice of violation. Within 30 days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the Town Engineer. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the Town Engineer to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
The Town Engineer may enter into consent orders, assurances of voluntary compliance or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as any other administrative orders issued pursuant to §§ 160-53 and 160-54 of this Part 1 and shall be judicially enforceable.
The Town Engineer may order a user which has violated or continues
to violate any provision of this Part 1, a wastewater discharge permit
or order issued hereunder or any other pretreatment standard or requirement
to appear before the Town Board and show cause why the proposed enforcement
action should not be taken. Notice shall be served on the user specifying
the time and place for the meeting, the proposed enforcement action,
the reasons for such action, and a request that the user or its representative
or representatives show cause why the proposed enforcement action
should not be taken. The notice of the meeting shall be served personally
or by registered or certified mail (return receipt requested) at least
20 days prior to the hearing. Such notice may be served on any authorized
representative of the user. A show-cause hearing shall not be a bar
against, or prerequisite for, taking any other action against the
user.
When the Town Engineer finds that a user has violated or continues
to violate any provision of this Part 1, a wastewater discharge permit
or order issued hereunder or any other pretreatment standard or requirement,
the Town Engineer may issue an order, to the user responsible for
the discharge, directing that the user come into compliance within
a specified time. If the user does not come into compliance within
the time provided, sewer service may be discontinued unless adequate
treatment facilities, devices or other related appurtenances are installed
and properly operated. Compliance orders also may contain other requirements
to address the noncompliance, including additional self-monitoring
and management practices designed to minimize the amount of pollutants
discharged to the sewer. A compliance order may not extend the deadline
for compliance established for a pretreatment standard or requirement,
nor does a compliance order relieve the user of liability for any
violation, including any continuing violation. Issuance of a compliance
order shall not be a bar against, or a prerequisite for, taking any
other action against the user.
When the Town Engineer finds that a user has violated or continues
to violate any provision of this Part 1, a wastewater discharge permit
or order issued hereunder or any other pretreatment standard or requirement,
or that the user's past violations are likely to recur, the Town Engineer
may issue an order to the user directing it to cease and desist all
such violations and directing the user to immediately comply with
all requirements and take such appropriate remedial or preventive
action as may be needed to properly address a continuing or threatened
violation, including halting operations and/or terminating the discharge.
Issuance of a cease-and-desist order shall not be a bar against, or
a prerequisite for, taking any other action against the user.
A.
When the Town Engineer finds that a user has violated or continues
to violate any provision of this Part 1, a wastewater discharge permit
or order issued hereunder or any other pretreatment standard or requirement,
the Town Engineer may fine such user in an amount not to exceed twenty
five thousand dollars ($25,000). Such fines shall be assessed on a
per-violation, per-day basis. In the case of monthly or other long-term
average discharge limits, fines shall be assessed for each day during
the period of violation.
B.
Unpaid charges, fines and penalties shall, after 15 calendar days,
be assessed an additional penalty of 10% of the unpaid balance, and
interest shall accrue thereafter at a rate of 9% per month. A lien
against the user's property will be sought for unpaid charges, fines
and penalties.
C.
Users desiring to dispute such fines must file a written request
for the Town Engineer to reconsider the fine along with full payment
of the fine amount within 15 days of being notified of the fine. Where
a request has merit, the Town Engineer may convene a hearing on the
matter. In the event that the user's appeal is successful, the payment,
together with any interest accruing thereto, shall be returned to
the user. The Town Engineer may add the costs of preparing administrative
enforcement actions, such as notices and orders, to the fine.
D.
Issuance of an administrative fine shall not be a bar against, or
a prerequisite for, taking any other action against the user.
E.
In determining the amount of the above fines, the Town Engineer may
consider factors such as, but not limited to, the nature of the violations;
the magnitude of impact on human health, the environment and/or the
Town's collection and treatment operations caused by the violation;
the user's past violation record; and other relevant factors.
F.
Each day on which a violation is found to occur or continue shall
be deemed a separate and distinct offense. A day shall consist of
a twenty-four-hour period beginning at 12:01 a.m. and ending the following
12:01 a.m.
A.
The Town Engineer may immediately suspend a user's discharge, after
oral, telephone or other notice to the user, whenever such suspension
is necessary to stop an actual or threatened discharge which appears
to present or cause an imminent or substantial endangerment to the
health or welfare of persons. The Town Engineer may also immediately
suspend a user's discharge that threatens to interfere with the operation
of the POTW or which presents, or may present, an endangerment to
the environment.
(1)
Any user notified of an immediate suspension of its discharge shall
immediately stop or eliminate its contribution. In the event of a
user's failure to immediately comply voluntarily with the suspension
order, the Town Engineer may take such steps as deemed necessary,
including immediate severance of the sewer connection, at no cost
to the Town, to prevent or minimize damage to the POTW or its receiving
stream or endangerment to any individuals. The Town Engineer may allow
the user to recommence its discharge when the user has demonstrated
to the satisfaction of the Town Engineer that the period of endangerment
has passed and payment is made for all damages resulting from the
discharge.
(2)
A user that is responsible, in whole or in part, for any discharge
presenting imminent endangerment shall submit a detailed written statement,
describing the causes of the harmful contribution and the measures
taken to prevent any future occurrence, to the Town Engineer prior
to the date of any show-cause hearing.
B.
Nothing in this section shall be interpreted as requiring a hearing
prior to any emergency suspension under this section.
A.
In addition to the provisions in § 160-28 of this Part 1, any user who violates the following conditions is subject to discharge termination:
(1)
Violation of wastewater discharge 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
volume, constituents and characteristics prior to discharge;
(4)
Refusal of reasonable access to the user's premises for the purpose
of inspection, monitoring or sampling; or
B.
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause, under § 160-52 of this Part 1, why the proposed action should not be taken. Exercise of this option by the Town Engineer shall not be a bar to, or a prerequisite for, taking any other action against the user.