A.
Notification of violation. 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 two 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.
B.
Consent orders. The Superintendent 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.
C.
Administrative or compliance order.
(1)
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.
(2)
The user may, within 15 days of receipt of such order, petition the
Superintendent to modify or suspend the order. Such petition shall
be in written form and shall be transmitted to the Superintendent
by registered mail. The Superintendent may:
D.
Administrative fines.
(1)
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
$500 for the first violation and in an amount not to exceed $1,000
for the second violation and each violation thereafter. Each day on
which noncompliance shall occur or continue shall be deemed a separate
and distinct violation.
(2)
The user may, within 15 calendar days of notification of such fine,
petition the Superintendent to modify or suspend the fine. Such petition
shall be in written form and shall be transmitted to the Superintendent
by registered mail. The Superintendent may:
E.
Cease and desist orders.
(1)
When the Superintendent finds that a user has violated or continues
to violate this chapter or any permit or order issued hereunder, the
Superintendent may issue an order to cease and desist all such violations
and direct those persons in noncompliance to:
(2)
The user may, within 15 days of receipt of such order, petition the
Superintendent to modify or suspend the order. Such petition shall
be in written form and shall be transmitted to the Superintendent
by registered mail. The Superintendent may:
F.
Termination of permit.
(1)
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, if applicable:
(a)
Violation of permit conditions.
(b)
Failure to accurately report the wastewater constituents and
characteristics of its discharge.
(c)
Failure to report significant changes in operations or wastewater
constituents and characteristics.
(d)
Refusal of reasonable access to the user's premises for
the purpose of inspection, monitoring, or sampling.
(2)
Noncompliant industrial users will be notified, by registered mail,
of the proposed termination of their wastewater permit.
(3)
The user may, within 15 calendar days of receipt of such notification,
petition the Superintendent to permit continued use of the sewerage
system by the user. Such petition shall be in written form and shall
be transmitted to the Superintendent by registered mail. The Superintendent
may:
G.
Show cause hearing.
(1)
The Superintendent may order any user appealing administrative remedies
for violations of this chapter to show cause before the Town Board
why an enforcement action, initiated by the Superintendent, 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 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 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.
(2)
The Town Board may itself conduct the hearing and take evidence,
or may designate any of its members or:
(a)
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;
(b)
Take the evidence;
(c)
Transmit a report of the evidence and hearing, including transcripts
and other evidence, together with recommendations to the Town Board
for action thereon.
(3)
After the Town Board has reviewed the evidence, it may order the
user to comply with the Superintendent's order or fine, modify
the Superintendent's order or fine or vacate the Superintendent's
order or fine.
A.
Civil penalties. 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 Superintendent promulgated under this chapter,
or the terms of any permit issued hereunder, shall be liable to the
applicable district for a civil penalty not to exceed $500 for the
first violation and $1,000 for the second violation and each violation
thereafter, to be assessed after a hearing held in conformance with
the procedures set forth in this article. Each violation shall be
separate and distinct violation, and in the case of 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 of Sullivan's Attorney at the request of the Town
Board in the name of the Town and the applicable district in any court
of competent jurisdiction. In addition to the above-described penalty
and damages, the Town and applicable district 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 Town Board
or Superintendent upon approval by the Town Board before the matter
has been referred to the Town of Sullivan's Attorney, and where
such matter has been referred to the Town of Sullivan's Attorney,
any such penalty may be released or compromised and any action commenced
to recover the same may be settled and discontinued by the Town of
Sullivan's Attorney, with the consent of the Town Board.
B.
Court orders.
(1)
In addition to the power to assess penalties as set forth in this
section, the Superintendent shall have the power, following the hearing
held in conformance with the procedures set forth in this article,
to seek an order:
(2)
Any such order shall be sought in an action brought by the Town of
Sullivan's Attorney at the request of the Town Board in the name
of the Town and applicable district, or in any court of competent
jurisdiction.
(3)
The Town Board shall petition the court to impose, assess and recover
such sums imposed according to this section. In determining the 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.
C.
Criminal penalties.
(1)
Any person who willfully violates any provision of this chapter or
any final determination or order of the Superintendent made in accordance
with this article shall, in addition, be guilty of a Class A misdemeanor,
and, upon conviction thereof, shall be punished by a fine of not less
than $500 nor more than $1,000 per violation per day or imprisonment
for not more than 15 days, or both.
(2)
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 not
more than $500 per violation per day or imprisonment for not more
than 15 days, or both. No prosecution, under this section, shall be
instituted until after final disposition of a show cause hearing,
if any, was instituted.
D.
Injunctive relief. Whenever a user has violated or continues to violate
the provisions of this chapter or permit or order issued hereunder,
the Superintendent, through counsel may petition the court, in the
name of the Town and applicable district, 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 Superintendent. Notwithstanding anything contrary
in this chapter, such request for injunction may occur at any time
if, in the judgment of the Superintendent, circumstances require immediate
court intervention.
E.
Damages. Any person violating any of the provisions of this chapter
shall, in addition, be civilly liable to the Town and applicable district
for any expense, loss or damage occasioned to the Town or district
by reason of such violation.
F.
Summary abatement.
(1)
Notwithstanding any inconsistent provisions of this chapter, whenever
the Superintendent finds, after investigation, that any user is causing,
engaging in or maintaining a condition or activity which, in his judgment,
present an imminent danger to the public health, safety or welfare,
or to the environment, or is likely to result in irreparable damage
to the sewerage system 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 Superintendent
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 Superintendent
may take all appropriate action to abate the violating condition.
As promptly as possible thereafter, not to exceed 15 calendar days,
the Superintendent shall provide the user an opportunity to be heard,
in accordance with the provisions of this article.
(2)
The Superintendent, 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 sewerage system.
A.
If there shall be any payments which are due to the applicable district,
pursuant to any article or section of this chapter, which shall remain
due and unpaid, in whole or in part, for a period of 20 calendar days
from the date of billing by the applicable district, the same shall
constitute a default, and there shall be added to the entire amount
of the original bill, a penalty equal to 20% of the original bill,
and interest shall accrue on the unpaid balance, at the rate of 2%
per month, retroactive to the date of the original billing.
B.
In the event that there are any sewer rents, fees, assessments or
other service charges which shall have been delinquent for a period
of at least 60 calendar days as of December 15 of any year, the appropriate
officer or body shall report the names of the defaulting persons to
the Town Board, Town Planning Board, Town of Sullivan Clerk and Town
of Sullivan Assessor on or before December 15 of the same year. The
appropriate finance officer is hereby directed to add the entire amount
of the sewer rents, fees, assessment or other service charge which
shall be in default, plus penalty and interest, as provided for in
this chapter, to the real property taxes due and owing to Town in
the next succeeding year, and the appropriate finance officer is directed
to collect same in the same manner as real property taxes due and
owing to the applicable district are collected.
C.
Where charges are delinquent and the violator is not a resident of
the applicable district, then the Town of Sullivan's Attorney
is authorized to seek recovery of charges, including punitive damages,
in a court of competent jurisdiction.
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 such user first
files with it a satisfactory bond, payable to the sewerage system,
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 sewerage system damage caused by its discharge.