A. 
Within one year after the effective date of this chapter, the Town, in consultation with NYCDEP, shall prepare an enforcement response plan. The enforcement response plan, 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.
B. 
The enforcement response plan shall:
(1) 
Describe how instances of noncompliance will be investigated;
(2) 
Describe the types of escalated enforcement actions that the Town will take in response to all anticipated types of user violations and the time periods within which to initiate and follow up these actions; and
(3) 
Adequately reflect the Town Board's responsibility to enforce all applicable standards and requirements.
C. 
The enforcement response plan shall contain:
(1) 
Criteria for scheduling periodic inspection and/or sampling visits to POTW users.
(2) 
Forms and guidelines for documenting compliance data in a manner which will enable the information to be used as evidence.
(3) 
Systems to track due dates, compliance schedule milestones, and pending enforcement actions.
(4) 
Criteria, responsible personnel, and procedures to select and initiate an enforcement action.
D. 
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, effect of the violation on the health and safety of the POTW's employees, compliance history of the user, good faith of the user, and shall promote consistent and timely use of enforcement remedies.
E. 
The Town Board shall approve the enforcement response plan. The enforcement response plan shall be reviewed by the Town Board at least every five years. If revisions are warranted, they shall be reviewed and approved by the Town Board, in consultation with NYCDEP. DEP shall have the right to review the enforcement response plan. In the event there is a lack of local enforcement, the NYCDEP shall be authorized to act on the Building Inspector's behalf with respect to enforcing specific violations of this chapter pursuant to and to the extent authorized under the terms and conditions set forth in the Sewer Extension Program Agreement at its own expense and at no cost to the Town.
A. 
Notification of violation to user. Whenever the Building Inspector, based on his/her own information or information obtained from NYCDEP, 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 Building Inspector, subject to his/her reasonable prosecutorial discretion, shall, within 15 calendar days after obtaining such information (or within 24 hours of obtaining knowledge of a violation in the case of an emergency violation as defined in § 102-99, commence an enforcement action. The service of a notice of violation (NOV) shall constitute commencement of an enforcement action upon the user and/or property owner. Within 10 calendar days of the date the Building Inspector mails the notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof shall be submitted to the Building Inspector 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. If the Town does not commence an enforcement action within such period of time, the City of New York may commence an enforcement action under this chapter at its own expense and at no cost to the Town.
B. 
Notification of violation to NYCDEP. If the Building Inspector commences an enforcement action to correct a violation, he/she shall at the same time notify the NYCDEP Deputy Chief of Wastewater Operations, P.O. Box 370, Grahamsville, NY 12470 in writing (or, in the case of an emergency violation, by telephone notice) that such an enforcement action has been commenced and provide the date of service of the NOV.
C. 
Notification of insufficient enforcement action. If, after receiving such notice of an enforcement action, the City determines that the measures being required by the Building Inspector are insufficient to correct the violation in a timely manner, the City shall notify the Building Inspector in writing (or, in the case of an emergency violation, by telephone), within three days. If the Building Inspector thereafter fails or refuses to modify its enforcement action within three days so as to accommodate the City's concerns, the Town consents to the City having the right to intervene as a full party in the enforcement action with respect to the abatement measures to correct such violation at its own expense and at no cost to the Town.
The Building Inspector, based on his/her own information or information obtained from NYCDEP, 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. The Building Inspector shall consult with NYCDEP in connection therewith. 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, further described in § 102-88.
A. 
When the Building Inspector, based on his/her own information or information obtained from NYCDEP, finds that a user has violated or continues to violate this chapter, a wastewater discharge permit, consent order as described in § 102-87 or a previously issued administrative order discussed herein, he/she may issue an administrative order to the user responsible for the discharge directing that, following a specified time period, sewer service shall be discontinued, severed and abated unless the violation is corrected and that there is no reoccurrence of the violation. Administrative 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 calendar days of receipt of such order, petition the Building Inspector to modify or suspend the administrative order. Such petition shall be in written form and shall be transmitted to the Building Inspector by registered mail. The Building Inspector shall then:
(1) 
Modify or suspend the administrative order as requested; or
(2) 
Order the user to show cause in accordance with § 102-91 and may as part of the show cause notice request the user to supply additional information.
A. 
Notwithstanding any other section of this chapter, any user who is found to have violated any provision of this chapter, or a wastewater discharge permit or administrative order 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. The notification from the Building Inspector shall indicate that the user has 15 calendar days to dispute the violation and/or fine. If the user fails to dispute the notification within that time period, the notification will be deemed a final order. If the user submits a written objection within that time period, the user is entitled to a show cause hearing before the Town Board as set forth in § 102-91.
B. 
The user may, within 15 calendar days of notification of the Building Inspector's notice of such fine, petition the Building Inspector to modify or suspend the order. Such petition shall be in written form and shall be transmitted to the Building Inspector by mail, fax or delivery to Town Office. The Building Inspector shall then:
(1) 
Modify or suspend the fine as requested; or
(2) 
Order the user to show cause in accordance with § 102-91 and may as part of the show cause notice request the user to supply additional information.
A. 
When the Building Inspector, based on his/her own information or information obtained from NYCDEP, finds that a user has violated or continues to violate this chapter, a wastewater discharge permit, consent order as described in § 102-87 or a previously issued administrative order discussed herein, the Building Inspector may issue an administrative order to cease and desist all such violations and direct those persons in noncompliance to:
(1) 
Comply forthwith; or
(2) 
Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations or terminating the discharge.
B. 
The notification from the Building Inspector shall indicate that the user has 15 calendar days to dispute the violation and/or injunctive relief. If the user fails to dispute the notification within that time period, the notification will be deemed a final order. If the user submits a written objection within that time period, the user is entitled to a show cause hearing before the Town Board as set forth in § 102-91. The user may, within 15 calendar days of the date the Building Inspector mails notification of such order, petition the Building Inspector to modify or suspend the order. Such petition shall be in written form and shall be transmitted to the Building Inspector by mail, fax or delivery to Town Office. The Building Inspector may then:
(1) 
Modify or suspend the order as requested by the user; or
(2) 
Order the user petitioner to show cause in accordance with § 102-91 and may as part of the show cause notice request the user to supply additional information.
A. 
The Building Inspector may order any user appealing administrative remedies for violations of this chapter or a user may, as its appeal, file a show cause request, before the Town Board, identifying why an enforcement action, initiated by the Building Inspector should not be taken or should be modified. Said notice of the order to show cause by the Building Inspector shall be served on the user specifying the time and place of a hearing to be held by the Town Board 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 Town Board why the proposed enforcement action should not be taken. The notice of the hearing shall be served at least 10 calendar days before the hearing in accordance with § 102-93 of this article. Copies of such notice shall be provided to the property owner and to the NYCDEP. Service shall be made on any principal or executive officer of a user's establishment or to any partner in a user's establishment.
B. 
The Town Board may itself conduct the hearing, or it may designate any of its members or any officer or employee of the Town to conduct the hearing, who may then:
(1) 
Issue, in the name of the Town Board, 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) 
Take sworn testimony;
(4) 
Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Town Board for action thereon.
C. 
After the Town Board has reviewed the evidence and testimony, it may order the user and/or the property owner to comply with the Building Inspector's order or fine, modify the Building Inspector's order or fine, or enforcement response, or vacate the Building Inspector's order or fine. Any decision from an appeal by a user to the Building Inspector shall state the user's right to file a show cause petition with the Town Board within 15 days of receipt of the decision from the Building Inspector. In any enforcement action brought hereunder by NYCDEP, NYCDEP may petition and obtain a show cause hearing in the same manner and effect as if brought by the Building Inspector.
In the event the Building Inspector 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 Building Inspector, 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 Building Inspector 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, return receipt requested, postage prepaid, or by fax, and the notice, order, petition, or other communication shall be deemed given upon its delivery if personally served or served by fax or if served by mail 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's effluent is discharged into the POTW. A copy of any of the above-noted notices, orders, or petitions shall be sent to the NYCDEP Deputy Chief of Wastewater Operations, P.O. Box 370, Grahamsville, NY 12470. Any notice, petition, or other communication mailed or faxed to the Building Inspector shall be mailed or faxed to the Town of Shandaken Building Inspector at the Town Hall Building.
The Building Inspector shall, in consultation with NYCDEP, determine an appropriate administrative remedy. The Building Inspector may utilize more than one administrative remedy established pursuant to this article, and he/she may hold one show cause hearing combining more than one enforcement action.
A. 
Any person who violates any of the provisions of or who fails to perform any duty imposed by this chapter, or any administrative order or determination of the Building Inspector promulgated under this chapter, or the terms of any permit issued hereunder, shall be liable to the Town of Shandaken for a civil penalty not to exceed $1,000 for each such violation, to be assessed after a hearing (unless the user waives the right to a hearing) held in conformance with the procedures set forth in this article. Each violation shall be separate and distinct, 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 Town's Attorney or his or her designated attorney, at the request of the Town Board, in the name of the Town, or by NYCDEP as provided in § 102-86, in any court of competent jurisdiction. In addition to the above-described penalty, the Town may recover all damages incurred by the Town from any persons or users who violate any provisions of this chapter or who fail to perform any duties imposed by this chapter or any administrative order or determination of the Building Inspector promulgated under this chapter, or the terms of any permit issued hereunder. In addition to the above-described damages, the user shall pay the Town all reasonable attorney's fees incurred by the Town in enforcing the provisions of this article, including reasonable attorney's fees incurred in any action to recover penalties and damages, and the Town may also recover court costs and other expenses associated with the enforcement activities.
B. 
In determining the amount of civil penalty, the court shall take into account all relative 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 relative factors as justice may require.
C. 
Such civil penalty may be released or compromised by the Building Inspector before the matter has been referred to the Town's attorney or to a designated attorney, and where such matter has been referred to an attorney, any such penalty may be released or compromised and any action commenced to recover the same may be settled and discontinued by the said attorney, with the consent of the Building Inspector.
A. 
In addition to the power to assess penalties as set forth in this article, the Building Inspector may petition that Town Board, following the hearing held in conformance with the procedures set forth in this article, to commence an action seeking a court order:
(1) 
Suspending, revoking, or modifying the violator's wastewater discharge permit; and/or
(2) 
Enjoining the violator from continuing the violation.
(3) 
Such other injunctive relief and/or money damages as the Town deems appropriate.
B. 
Any such court order shall be sought in an action brought by the Town attorney or its designated attorney, at the request of the Town Board, in the name of the Town of Shandaken in a court of competent jurisdiction as provided in § 102-86 herein.
C. 
The Town Attorney, or its designated attorney, at the request of the Town Board or NYCDEP as provided in § 102-86, 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/or any other factor as justice requires.
A. 
Any person who willfully violates any provision of this chapter or any final determination or administrative order of the Building Inspector made in accordance with this article shall be guilty of a Class A misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $1,000 or imprisonment not to exceed one year, or both. Each offense shall be a separate and distinct offense, and in the case of a continuing offense, each day's continuance shall be deemed a separate and distinct offense punishable by a fine of not more than $1,000.
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 discharge permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter shall be guilty of a Class A misdemeanor and, upon conviction, shall 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.
C. 
No prosecution under this section shall be instituted until after final disposition of a show cause hearing and provided such prosecution is consistent with said final disposition.
Whenever a user has violated or continues to violate the provisions of this chapter or permit or order issued hereunder, the Building Inspector, following a resolution from the Town Board authorizing litigation, or in accordance with § 102-86A, NYCDEP, through counsel, may petition a court of competent jurisdiction, in the name of the Town, for the issuance of a temporary restraining order, preliminary injunction or permanent injunction or combination thereof (as may be appropriate) which restrains the violation of, or compels the compliance with, any order or determination thereunder by the Building Inspector or NYCDEP. The Town shall not be responsible for any damages for actions brought by NYCDEP in any enforcement action brought by NYCDEP on behalf of the Town according to this chapter.
A. 
Notwithstanding any inconsistent provisions of this chapter, whenever the Building Inspector finds, after investigation and consultation with NYCDEP, that any user is causing, engaging in, or maintaining a condition or activity which, in the judgment of the Building Inspector, presents a violation of this chapter that unless immediately corrected poses a substantial and imminent threat to the public health, safety, or welfare, or to the environment, or is likely to result in severe damage to the POTW, and it therefore appears to be prejudicial to the public interest to allow the condition or activity to go unabated until notice and an opportunity for a hearing can be provided, the Building Inspector may, without prior hearing, order such user by notice, in writing wherever practicable, 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 violation, the Building Inspector may take all appropriate action to abate the violating condition. As promptly as possible thereafter, not to exceed 15 calendar days, the Building Inspector shall provide the user an opportunity to be heard, in accordance with § 102-91 of this article.
B. 
In the event the Building Inspector fails to seek summary abatement as described herein, NYCDEP shall have the right to act in the same manner and effect as the Building Inspector, as provided for herein.