A.
The City shall prepare an enforcement response plan
which, in a step-by-step fashion, shall outline the procedures to
be followed to identify, document, and respond to violations by users
of the POTW. All violations by users of the POTW shall be met with
some type of enforcement response. The response shall be comprehensive
and effective.
(1)
The enforcement response plan shall:
(a)
Describe how the Superintendent will investigate
instances of noncompliance;
(b)
Describe the types of escalated enforcement
actions that the Superintendent will take in response to all anticipated
types of user violations and the time periods within which to initiate
and follow up these actions;
(c)
Adequately reflect the City's responsibility
to enforce all applicable standards and requirements;
(2)
The enforcement response plan shall contain the following
information:
(a)
Criteria for scheduling periodic inspection
and/or sampling visits to POTW users;
(b)
Forms and guidelines for documenting compliance
data in a manner which will enable the information to be used as evidence;
(c)
Systems to track due dates, compliance schedule
milestones, and pending enforcement actions;
(d)
Criteria, responsible personnel, and procedures
to select and initiate an enforcement action.
(3)
The range of appropriate enforcement actions shall
be based on the nature and severity of the violation and other relevant
factors, such as magnitude of the violation, duration of the violation,
effect of the violation on the receiving water, effect of the violation
on the POTW, compliance history of the user, good faith of the user
and shall promote consistent and timely use of enforcement remedies.
B.
The City shall approve the enforcement response plan.
The enforcement response plan provides for a consistent and timely
approach to enforcement. The City's approval is not needed before
an enforcement action is undertaken. The enforcement response plan
shall be reviewed at least every five years.
Whenever the Superintendent finds that any user
has violated or is violating this chapter, or any wastewater discharge
permit, order, prohibition, limitation, or requirement permitted by
this chapter, the Superintendent may serve upon such person a written
notice stating the nature of the violation. Within 10 calendar days
of the date of the notice, an explanation of the violation and a plan
for the satisfactory correction and prevention thereof shall be submitted
to the Superintendent by the user. The correction and prevention plan
shall include specific actions. Submission of this plan in no way
relieves the user of liability for any violations caused by the user
before or after receipt of the notice of violation.
The City is hereby empowered to enter into consent
orders, assurances of voluntary compliance, or other similar documents
establishing an agreement with the user responsible for the noncompliance.
Such orders shall include specific action to be taken by the user
to correct the noncompliance within a time period also specified by
the order. Consent orders shall have the same force and effect as
an administrative order.
A.
When the Superintendent finds that a user has violated
or continues to violate this chapter, or a permit or order issued
thereunder, he may issue an order to the user responsible for the
discharge directing that, following a specified time period, sewer
service shall be discontinued unless the violation is corrected and
that there is no reoccurrence of the violation. 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.
B.
The user may, within 15 days of receipt of such order,
petition the City to modify or suspend the order. Such petition shall
be in written form and shall be transmitted to the City by registered
mail. The City may:
A.
Notwithstanding any other section of this chapter,
any user who is found to have violated any provision of this chapter,
or permits and orders issued hereunder, shall be fined in an amount
not to exceed $1,000 per violation. Each day on which noncompliance
shall occur or continue shall be deemed a separate and distinct violation.
B.
The user may, within 15 calendar days of notification
of such fine, petition the City to modify or suspend the fine. Such
petition shall be in written form and shall be transmitted to the
City by registered mail. The City may:
A.
When the City finds that a user has violated or continues
to violate this chapter, or any permit or order issued hereunder,
the City may issue an order to cease and desist all such violations
and direct those persons in noncompliance to:
B.
The user may, within 15 days of receipt of such order,
petition the City to modify or suspend the order. Such petition shall
be in written form and shall be transmitted to the City by registered
mail. The City may:
A.
Any user who violates the following conditions of
this chapter or a wastewater discharge permit or order, or any applicable
or state and 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.
B.
Noncompliant industrial users will be notified, by
registered mail, of the proposed termination of their wastewater permit.
C.
The user may, within 15 calendar days of receipt of
such notification, petition the City to permit continued use of the
POTW by the user. Such petition shall be in written form and shall
be transmitted to the City by registered mail. The City may:
A.
Whenever a user has violated or continues to violate
the provisions of this chapter, an order or a permit issued hereunder,
water service to the user may be severed and service will only recommence,
at the user's expense, after it has satisfactorily demonstrated its
ability to comply.
B.
The user may, within 15 days of severance, petition
the City to reconnect water supply service. Such petition shall be
in written form and shall be transmitted to the City by registered
mail. The City may:
A.
The City may order any user appealing administrative
remedies for violations of this chapter to show cause, before the
City, why an enforcement action should not be taken. A notice shall
be served on the user specifying the time and place of a hearing to
be held by the City regarding the violation, the reasons why the action
is to be taken, the proposed enforcement action, and directing the
user to show cause before the City why the proposed enforcement action
should not be taken. The notice of the hearing shall be served personally
or by registered or certified mail (return receipt requested) at least
10 calendar days before the hearing. Service may be made on any principal
or executive officer of a user's establishment or to any partner in
a user's establishment.
B.
The City may itself conduct the hearing and take evidence
or may designate any of its members or any officer to:
(1)
Issue, in the name of the City, notices of hearings
requesting the attendance and testimony of witnesses, and the production
of evidence relevant to any matter involved in such hearings;
(2)
Take the evidence;
(3)
Transmit a report of the evidence and hearing,
including transcripts and other evidence, together with recommendations
to the City for action thereon.
C.
After the City has reviewed the evidence, it may order
the user to comply with the Superintendent's order or fine, modify
the order or fine or vacate the order or fine.
In the event the City issues any administrative
order, terminates the user's permit, or makes any fine as set forth
in this article, and the user fails, within the designated period
of time set forth, to petition the City, as provided in appropriate
sections of this article, the user shall be deemed in default and
its rights to contest the administrative order or fine shall be deemed
waived.
The notices, orders, petitions, or other notification
which the user or the City shall desire or be required to give pursuant
to any sections of this chapter shall be in writing and shall be served
personally or sent by certified mail or registered mail, return receipt
requested, postage prepaid, and the notice, order, petition, or other
communication shall be deemed given upon its mailing as provided herein.
Any notice, administrative order, or communication mailed to the user
pursuant to the sections of this chapter shall be mailed to the user
where the user effluent is discharged into transmission lines to the
City's POTW. Any notice, petition, or other communication mailed to
the City shall be addressed and mailed to the City Clerk, One City
Plaza, East Main Street, Norwich, NY 13815.
The City shall have the right, within the City's
sole discretion, to utilize any one or more appropriate administrative
remedies set forth in this article. The Superintendent may utilize
more than one administrative remedy established pursuant to this article,
and the City may hold one show cause hearing combining more than one
enforcement action.
Any person who violates any of the provisions
of or who fails to perform any duty imposed by this chapter, or any
order or determination of the promulgated under this chapter, or the
terms of any permit issued hereunder, shall be liable to the City
for a civil penalty of at least $1,000 for each such violation, to
be assessed after a hearing held in conformance with the procedures
set forth in this article. Each violation shall be a separate and
distinct violation, and, in the case of a continuing violation, each
day's continuance thereof shall be deemed a separate and distinct
violation. Such penalty may be recovered in an action brought by the
City Attorney, at the request of the City in the name of the City,
in any court of competent jurisdiction. In addition to the above-described
penalty and damages, the City may recover reasonable attorneys' fees,
court costs, and other expenses associated with the enforcement activities,
including sampling and monitoring expenses. Such civil penalty may
be released or compromised by the City before the matter has been
referred to the City Attorney, and where such matter has been referred
to the City Attorney, any such penalty may be released or compromised
and any action commenced to recover the same may be settled and discontinued
by the City Attorney, with the consent of the City.
A.
In addition to the power to assess penalties as set
forth in this article, the City shall have the power, following the
hearing held in conformance with the procedures set forth in this
article, to seek an order:
B.
Any such order shall be sought in an action brought
by the City Attorney, at the request of the City in the name of the
City, in any court of competent jurisdiction.
C.
The City shall petition the court to impose, assess,
and recover such sums imposed according to this article. In determining
amount of liability, the court shall take into account all relevant
circumstances, including, but not limited to, the extent of harm caused
by the violation, the magnitude and duration, any economic benefit
gained through the user's violation, corrective actions by the user,
the compliance history of the user, and any other factor as justice
requires.
A.
Any person who willfully violates any provision of
this chapter or any final determination or order of the City made
in accordance with this article, shall, in addition, be guilty of
a misdemeanor, and, upon conviction thereof, shall be punished by
a fine of not less than $1,000. Each offense shall be a separate and
distinct offense, and, in the case of a continuing offense, each day's
continuance thereof shall be deemed a separate and distinct offense.
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 one year, or both.
B.
Any user who knowingly makes any false statements,
representations, or certifications in any application, record, report,
plan or other document filed or required to be maintained pursuant
to this chapter, or wastewater permit, or who falsifies, tampers with,
or knowingly renders inaccurate any monitoring device or method required
under this chapter shall, upon conviction, be punished by a fine of
at least $1,000 per violation per day or imprisonment for not more
than one year, or both. 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 one year, or both.
C.
No prosecution, under this section, shall be instituted
until after final disposition of a show cause hearing, if any, was
instituted.
Whenever a user has violated or continues to
violate the provisions of this chapter, or permit or order issued
hereunder, the City, through Counsel may petition the court, in the
name of the City, for the issuance of a preliminary or permanent injunction
, or both (as may be appropriate), which restrains the violation of,
or compels the compliance with any order or determination thereunder
by the City.
Any person violating any of the provisions of
this chapter shall, in addition, be civilly liable to the City for
any expense, loss, or damage occasioned to the City by reason of such
violation.
A.
Notwithstanding any inconsistent provisions of this
chapter, whenever the City finds, after investigation, that any user
is causing, engaging in, or maintaining a condition or activity which,
in his judgement, presents an imminent danger to the public health,
safety, or welfare, or to the environment, or is likely to result
in irreparable damage to the POTW or the environment, and it therefore
appears to be prejudicial to the public interest to delay action until
notice and an opportunity for a hearing can be provided, the City
may, without prior hearing, order such user by notice, in writing,
wherever practicable or in such other form as practices are intended
to be proscribed, to discontinue, abate, or alleviate such condition
or activity, and thereupon such person shall immediately discontinue,
abate, or alleviate such condition or activity; or where the giving
of notice is impracticable, or in the event of a user's failure to
comply voluntarily with an emergency order, the City may take all
appropriate action to abate the violating condition. As promptly as
possible thereafter, not to exceed 15 calendar days, the City shall
provide the user an opportunity to be heard, in accordance with the
provisions of this article.
B.
If the user is not within the geographic boundaries
of the City, the right of summary abatement to discontinue, abate,
or alleviate conditions or activities shall be those prescribed in
the intermunicipal agreement.
C.
The City, acting upon the belief that an emergency
exists, shall be indemnified against any personal liability that may
arise in the performance of his duties to protect the public health,
safety, or welfare, or to preserve the POTW.
The City may decline to reissue a permit to
any user which has failed to comply with the provisions of this chapter
or any order or previous permit issued hereunder, unless such user
first files with it a satisfactory bond, payable to the POTW, in a
sum not to exceed a value determined by the Superintendent to be necessary
to achieve consistent compliance.
The Superintendent may decline to reissue a
permit to any user which has failed to comply with the provisions
of this chapter, or any order or previous permit issued hereunder,
unless the user first submits proof that it has obtained financial
assurances sufficient to restore or repair POTW damage caused by its
discharge.
The City is authorized to pay up to $500 for
information leading to the discovery of noncompliance by a user. In
the event that the information provided results in an administrative
fine or civil penalty levied against the user, the City 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.
The City shall provide public notification,
in the daily newspaper with the largest circulation in the City, of
users which were significantly in violation of local or federal pretreatment
standards or requirements since the last such notice. The frequency
of such notices shall be at least once per year. For the purposes
of this section, a "significant violation" shall be a violation:
A.
Which remains uncorrected 45 calendar days after notification
of noncompliance.
B.
Which is a part of a pattern of noncompliance over
the past twelve-month period.
C.
Which involves a failure to accurately report noncompliance.
D.
Which resulted in the Superintendent exercising his
emergency authority to halt or prevent any discharge which presents
an imminent danger to persons or property.
A.
Users which have not achieved consistent compliance
with applicable pretreatment standards and requirements are not eligible
to receive a contractual award for the sale of goods or services to
the City.
B.
Existing contracts for the sale of goods or services
to the City held by a user found to be in significant violation with
pretreatment standards may be terminated at the discretion of the
City.
