The Director may immediately halt or prevent any discharge of
pollutants which reasonably appears to present an imminent endangerment
to the health or welfare of persons. In the event that the Director
determines that a discharge of pollutants reasonably appears to present
an imminent endangerment to the health or welfare of persons, the
Director shall provide informal (oral or written) notice of said determination
to the user. Said user shall immediately stop or eliminate such discharge
and shall submit written proof of the elimination of the discharge
to the Director within 48 hours of receipt of notice of the Director's
determination. If said user fails voluntarily and immediately to halt
such a discharge, the Director shall take such actions as he or she
deems necessary to prevent or minimize endangerment to the health
or welfare of persons. Such actions include but are not limited to
seeking ex parte temporary injunctive relief, entry on private property
to halt such discharge, blockage of a public sewer to halt such discharge,
severance of the sewer connection, suspension of wastewater disposal
service, suspension or revocation of a wastewater discharge permit
and institution of a legal or special proceeding. After such discharge
has been halted, the Director may take such other and further actions
provided under this section as may be necessary to ensure elimination
of said discharge and compliance with the terms of this chapter and
wastewater discharge permits issued hereunder. If the user provides
satisfactory written proof that it has eliminated the cause of the
conditions creating the imminent endangerment, the Director may reinstate
the permit, restore the sewer connection and wastewater disposal service
and perform other activities to allow the user to commence discharging
again.
The Director may also, in accordance with the procedures set forth in §
30A-35 of this chapter, halt or prevent any discharge of pollutants which:
A. Presents or may present an endangerment to the environment.
B. Threatens to interfere with the operation of the POTW.
C. Threatens to pass through the POTW.
[Amended 9-11-2006 by L.L. No. 14-2006]
The Town shall annually publish, in the largest local daily newspaper, a list of the industrial users that, at any time during the previous 12 months, were in significant noncompliance, as defined in §
30A-3A, with applicable pretreatment standards or pretreatment requirements.
If any person discharges industrial wastes, septage or other
wastewater into the POTW contrary to the provisions of this chapter,
the Act, any applicable pretreatment standards or pretreatment requirements,
the conditions and requirements of any wastewater discharge permit
issued hereunder or any order of the Director or Town Board, the Town's
counsel may commence an action for appropriate legal and/or equitable
relief, including but not limited to injunctive relief, penalties
and fines, in either state or federal court. The Town may also ask
appropriate officials at the local, state or federal levels to investigate
and bring a criminal action against any industrial user or person
associated with an industrial user believed to have violated the criminal
provisions of this chapter, the Act or any other law.