[Amended 5-11-2004 by L.L. No. 12-2004]
A.
The Administrator and/or representatives of the United States Environmental
Protection Agency or New York State Department of Environmental Conservation,
bearing proper credentials and identification, shall be permitted
to enter upon the property of any person or industrial user and to
be afforded unlimited access to all buildings, facilities, structures
or installations or parts thereof located upon said property at any
time for the purposes of inspection, observation, measurement and
sampling of the wastewater discharge and/or inspection of remedial
action required to ensure that said discharge into County sewage works
and wastewater facilities is in accordance with the provisions of
these rules and regulations.
B.
The Administrator, in addition to Subsection A, bearing proper credentials and identification, shall be permitted to enter any private property through which the County holds a sewer easement for the purposes of inspection, observation, measurement, sampling, repair and maintenance of any of the County's wastewater facilities lying within the easement. Any subsequent work on the easement shall be done in full accordance with the terms and conditions of the easement pertaining to the private property involved.
C.
In the exercise of the rights outlined in Subsection B of this section, work shall be done carefully and with regard to minimizing damage and inconvenience to the owner and occupant. The owner and occupant shall be:
(1)
Reimbursed for and indemnified against loss of or damage to property
of the owner or occupant by the Administrator, except if caused by
the negligence of the owner or occupant or due to his or her violation
of the terms of any sewer easement.
(2)
Held harmless and indemnified for personal injury or death of the
Administrator and the loss of or damage to County supplies or equipment,
except as such may be caused by the negligence of the owner or occupant
to maintain safe conditions or failure to have complied with the provisions
of these rules and regulations.
[Amended 5-11-2004 by L.L. No. 12-2004]
No person shall maliciously, willfully or through gross negligence
break, damage, destroy, uncover, deface or tamper with any structure,
appurtenance or equipment which is a part of the County sewage works.
Such acts shall be deemed to be a violation of these rules and regulations.
Compliance with an order or decision of the Administrator to
correct a violation or change a procedure shall be immediate and accomplished
prior to taking any appeals when the Administrator advises in his
order or decision, whether oral or written, that an emergency exists
or that it is a matter of public or individual safety. Upon the failure
of the owner, tenant or occupant to so comply, the Administrator may
make the required correction or change at the cost and expense of
the alleged violator, or the Administrator may avail himself of any
or all of his other remedies.
In addition to other provisions of these rules and regulations,
a permit may be suspended or revoked at any time by the Administrator
without notice:
A.
If he deems the surrounding facts and circumstances to constitute
an emergency such that damage or injury might occur to person, property
or the facilities of the County; or
B.
After prior written notice of a violation of these rules and regulations
has been given and a failure thereafter, within a reasonable time,
to correct or cease and desist from continuing the violation.
[Amended 5-11-2004 by L.L. No. 12-2004]
Any person failing to comply with these rules and regulations,
violating any provision of these rules and regulations or failing
to comply with any of the conditions or requirements in an SP, DC,
order on consent or in a compliance schedule shall be notified by
the Administrator in person or by a written notice stating the nature
of the violation and directing that such violation immediately cease
or be corrected within a specified time. If notice is given in person,
a written notice, as described, shall be served as soon as possible.
[Amended 5-11-2004 by L.L. No. 12-2004]
A.
If a violation of these rules and regulations is not corrected by timely compliance, the Administrator shall have the right to impose penalties in accordance with § 740-35, Article VI, or to either effectuate a disconnection at the violator's cost and expense or to order the violator to show cause before the Administrator, or a hearing officer designated by him, why service should not be terminated.
B.
A notice shall be served on the alleged violator, in person or by
mail, specifying the time and place for a hearing to be held regarding
the alleged violation and directing the alleged violator to show cause
before the Administrator why penalties should not be imposed or an
order should not be issued directing termination of service.
C.
After reviewing the evidence, the Administrator may issue an order
directing that penalties be imposed and/or sewer service be terminated
unless adequate facilities are installed within a specified time or
existing treatment facilities, devices or appurtenances are properly
operated.
D.
If the Administrator determines that an emergency or public health
hazard exists, may exist or could develop, he may, without notice
to the owner and occupant of a premises, repair, maintain, disconnect
or remove a building sewer and/or effectuate a disconnection from
County sewage works. The Administrator may also take action necessary
to eliminate an emergency or public health hazard. If caused by the
owner or occupant, it shall be done at the cost and expense of the
owner or occupant or both.
Any discharge in violation of the provisions of these rules
and regulations or of any order of the Administrator shall be deemed
a public nuisance.
[Amended 5-11-2004 by L.L. No. 12-2004]
Except as otherwise set forth in § 740-29 of this article, an aggrieved person may appeal a decision or an order issued by the Administrator prior to compliance therewith. Such appeal shall be taken by the aggrieved person within 30 days of service of a copy of the decision or order. This appeal may be taken to a hearing officer or appeals board appointed by the Administrator. A petition for an appeal shall be filed, in writing, in the office of the Administrator within said time, specifying the matters appealed.
A.
A person who fails to comply with the terms of a notice of violation,
SP, DC or provision of these rules and regulations or who knowingly
makes a false statement, representation or certification in any application,
record, plan or other document required pursuant to these rules and
regulations shall be guilty of a violation and, upon conviction, may:
[Amended 5-11-2004 by L.L. No. 12-2004]
B.
In addition to the foregoing, a violator shall be liable for a civil
penalty in an amount of not less than $300 nor more than $1,000 for
each day of each violation, except where specific provisions of other
articles of these rules and regulations govern.
C.
If a violation of any provision of these rules and regulations causes
injury or damage to sewage works or causes the County to incur other
costs in connection with abatement of the violation, the Administrator
may assess a civil penalty equivalent to such costs to repair or correct
conditions caused by said violation or to effect necessary enforcement
action, or a suit may be maintained by the Administrator to recover
such costs and damages in addition to any other civil or criminal
remedies or penalties.
D.
Each day of a continuing violation shall be subject to a separate
fine, imprisonment, punishment, civil liability or penalty.
E.
The Administrator may also maintain any other action or proceeding
necessary to compel compliance with the provisions of these rules
and regulations or to enjoin their violation.
All punishments, penalties and other remedies provided for herein
or under any other controlling law, rule or regulation, whether civil
or criminal, shall be deemed cumulative.
