Whenever the Wastewater Treatment Operator finds that any user has violated
or is violating this chapter, a wastewater discharge permit or any prohibition,
limitation or requirement contained in this chapter, the Wastewater Treatment
Operator may serve upon such person a written notice stating the nature of
the violation. Within 30 days of the date of the notice, a plan for the satisfactory
correction thereof shall be submitted to the Wastewater Treatment Operator
by the user.
A.
The Wastewater Treatment Operator may order any user
who causes or allows an unauthorized discharge to show cause, before the Village
of Oxford Board, why the proposed 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 Village of Oxford 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 Village of Oxford 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 days before the hearing. Service may be made on any agent or officer
of a corporation.[1]
B.
The Village of Oxford Board may itself conduct the hearing
and take evidence, or may designate any of its members or any officer or employee
of the Department of Public Works to:
(1)
Issue, in the name of the Village of Oxford 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)
Hear the evidence.
(3)
Transmit a report of the evidence and hearing, including
transcripts and other evidence, together with recommendations, to the Village
of Oxford Board for action thereon.
C.
After the Village of Oxford Board has reviewed the evidence, it may issue an order to the user responsible for the discharge, directing that, following a specified time period, the sewer service be disconnected unless adequate treatment facilities, devices or other related appurtenances shall have been installed on existing treatment facilities and devices or other related appurtenances are properly operated. Further orders and directives, as are necessary and appropriate, may be issued. The directions in this order shall not violate § 230-57.
A.
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 Wastewater Treatment Operator promulgated under this chapter, or the
terms of any permit issued hereunder, shall be liable to the Village of Oxford
for a civil penalty not to exceed $500 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 Village of Oxford attorney at the request of the
Wastewater Treatment Operator in the name of the Village of Oxford in any
court of competent jurisdiction. Such civil penalty may be released or compromised
by the Wastewater Treatment Operator before the matter has been referred to
the Village of Oxford Attorney, and where such matter has been referred to
the Village of Oxford Attorney, any such penalty may be released or compromised
and any action commenced to recover the same may be settled and discontinued
by the Attorney with the consent of the Wastewater Treatment Operator.
B.
In addition to the power to assess penalties as set forth in § 230-61A, the Wastewater Treatment Operator shall have the power, following hearing held in conformance with the procedures set forth in Article X of this chapter, to issue an order enjoining the violator from continuing the violation. Any such order of the Wastewater Treatment Operator shall be enforceable in an action brought by the Village of Oxford Attorney at the request of the Wastewater Treatment Operator in the name of the Village of Oxford in any court of competent jurisdiction.
C.
Any civil penalty or order issued by the Wastewater Treatment Operator pursuant to § 230-61 shall be reviewable in a proceeding pursuant to Article 78 of the CPLR. Application for such review must be made within 60 days after service in person or by mail of a copy of the determination or order upon the attorney of record of the applicant and of each person who has filed a notice of appearance or the applicant in person if not directly represented by an attorney.
A.
Any person who willfully violates any provision of this
chapter or any final determination or order of the Wastewater Treatment Operator
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
$500 nor more 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.[1]
Any person violating any of the provisions of this chapter shall, in
addition, be civilly liable to the Village of Oxford for any expense, loss
or damage occasioned to the Village of Oxford by reason of such violation.
The Village of Oxford Attorney, on his own initiative or at the request
of the Wastewater Treatment Operator, shall have the right to seek equitable
relief in the name of the Village of Oxford to restrain the violation of,
or to compel compliance with, any order or determination issued thereunder
by the Wastewater Treatment Operator.
A.
Notwithstanding any inconsistent provisions of this chapter,
whenever the Wastewater Treatment Operator finds, after investigation, that
any user is causing, engaging in or maintaining a condition or activity which,
in his judgment, presents an imminent danger to the public health, safety
or welfare or to the environment, or is likely to result in irreversible or
irreparable damage to the POTW 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 Wastewater Treatment Operator may, without
prior hearing, order such user by notice, in writing wherever practicable
or in such other form as is feasible, 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 Wastewater Treatment Operator may take all appropriate
action to abate the violating condition. As promptly as possible thereafter,
not to exceed 15 days, the Wastewater Treatment Operator shall provide the
user an opportunity to be heard, in accordance with the provisions of this
Article.
B.
The Wastewater Treatment Operator, acting upon the reasonable
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 preserve the POTW.
A.
If there shall be any payments which are due to the Village
of Oxford or any department thereof, pursuant to any Article or section of
this chapter, which shall remain due and unpaid, in whole or in part, for
a period of 31 calendar days from the date of billing by the Village of Oxford,
the same shall constitute a default, and there shall be added to the entire
amount of the original bill a penalty equal to 10% of the original bill.
[Amended 6-29-1994 by L.L. No. 2-1994]
B.
In the event that there are any sewer taxes, assessments
or other service charges which shall have been delinquent for a period of
at least 60 calendar days as of April 15 of any fiscal year, the Village of
Oxford Clerk-Treasurer shall report the names of the defaulting persons to
the Village of Oxford Mayor, Village of Oxford Sewer Commissioner and Village
Board of Trustees on or before April 15 of the same fiscal year. The Village
of Oxford Clerk-Treasurer is hereby directed to add the entire amount of the
sewer tax, 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 the Village of Oxford in the next succeeding year,
and the Village of Oxford Clerk-Treasurer is directed to collect the same
in the same manner as real property taxes due and owing to the Village of
Oxford are collected. This section coincides with the provisions of the Village
of Oxford Charter, entitled "Collection of Sewer Tax and Water Rents" and
"Delinquent Sewer Tax and Water Rent To Be Paid with the Village of Oxford
Tax."
[Amended 6-29-1994 by L.L. No. 2-1994]
C.
Where charges are delinquent and the violator is not
a resident of the Village of Oxford, then the Village of Oxford attorney is
authorized to seek recovery of charges, including punitive damages, in a court
of competent jurisdiction.
The Wastewater Treatment Operator shall provide public notification,
in the daily newspaper with the largest circulation in the Village of Oxford,
of industrial users which were significantly in violation of state 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 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 Wastewater Treatment Operator's
exercising his emergency authority to halt or prevent any discharge which
presents an imminent danger to persons or property.
