The Town Board may suspend a WSPDES permit when such suspension is necessary in the opinion of the Town Board in order to stop a discharge which presents a hazard to the public health, safety or welfare, to the environment or to the POTW's sewerage system or which causes the POTW treatment plant to violate any condition of its NPDES/SPDES permit. Any discharger notified of a suspension of his WSPDES permit shall immediately stop the discharge of all industrial wastewater to the Town sewerage system. The Town Board shall reinstate the WSPDES permit upon written proof of satisfactory compliance with all discharge requirements of this chapter.
A. 
The Town Board may revoke a WSPDES permit upon a finding that the discharger has violated any provision of his permit or of this chapter or applicable federal and state regulations, including, but not limited to:
(1) 
Failure of the industrial user to report accurately the wastewater constituents and characteristics of his discharge.
(2) 
Failure of the industrial user to report significant changes in operation or wastewater constituents and characteristics.
B. 
Any discharger whose WSPDES permit has been revoked shall immediately stop all discharge of any wastes covered by the permit to any public sewer in the Town of West Seneca. The Town may disconnect or permanently block from such public sewer the industrial connection of any discharger whose permit has been revoked if such action is necessary to ensure compliance with the order of revocation.
C. 
Before any further discharge of industrial wastewater may be made by the discharger, he must apply for a new WSPDES permit and pay all charges that would apply for a new WSPDES permit and pay all charges that would be required upon initial application, together with all delinquent fees, charges and such other sums as the discharger may owe to the Town. Costs incurred by the Town in revoking the permit and disconnecting the industrial sewer shall be paid for by the discharger before issuance of a new permit.
A. 
Any user who violates this chapter or the conditions of permits issued under its authority shall be subject to fines determined as follows:
(1) 
Any user who violates Article VI pertaining to the introduction of pollutants into the POTW collection and treatment facilities shall be assessed a fine not to exceed a maximum of $10,000 for each violation.
(2) 
Violations of all provisions and rules of these regulations or conditions of permits issued under their authority will be subject to a minimum fine of $1,000 per day for each violation, including violation of pretreatment standards and requirements, nonpayment of fees, etc.
B. 
In determining the amount of the above fines, the Town Board may consider factors such as, but not limited to, the nature of the violation; the magnitude to impact on human health, the environment and/or the POTW treatment plant operation caused by the violation; the user's past violation record; and other relevant factors.
C. 
Each day on which a violation is found to occur or continue shall be deemed a separate and distinct offense. A day shall consist of a twenty-four-hour period beginning at 12:01 a.m. and ending the following 12:01 a.m.
D. 
When, in the opinion of the Town Board or the governmental agencies having jurisdiction in the matter, a violation of this chapter is of such a nature as to be likely to cause damage to the POTW sewerage systems or a menace to the health or safety of the inhabitants of any areas served, the Town Board may forthwith discontinue and sever any connections with its sewerage system without any liability for prosecution or damages.
User representatives providing information and data as required for any application, record, report, plan or other document required by these regulations shall be subject to the provisions of 18 U.S.C. § 1001 relating to fraud and false statements and the provisions of Section 309(c)(2) of the Clean Water Act governing false statements, representations or certifications.
A. 
Any person found in violation of this chapter or of any limitation or requirement of a permit issued hereunder shall be served by the Town Board with a written notice (except in the case of an emergency situation) stating the nature of the violation and identifying the enforcement actions which will or may be taken. Within 30 days of the date of notice, the person in violation shall submit a plan for corrective actions to be taken to prevent continuance or recurrence of the violation.
B. 
Service of the notice of violation shall be sufficient if directed to the owner or operator of a residence, or commercial or industrial facility, as the case may be, violating this chapter. Service of said notice of violation shall be made personally upon the alleged violator, if possible; otherwise, said notice of violation shall be sufficient if served by delivering the same to a person of suitable age or discretion at the actual residence, commercial or industrial facility at which said violation is occurring and by mailing by certified and regular mail the notice to the person to be served at his/her last known residence or business address or, where service cannot otherwise be made with due diligence, by affixing said notice of violation to the door of the residence, commercial or industrial facility at which said violation is occurring and by mailing by certified and regular mail said notice to such person at his/her last known address or place of business.
C. 
In the event of an emergency situation (as determined by the Town Engineer), the Town Engineer is required only to give an informal (verbal) notice in order to immediately and effectively halt a discharge which presents an imminent endangerment to the POTW's facilities, the environment or the health and welfare of persons.
A. 
In the event of violation of any provision of this chapter by a user, the user may request a hearing to show cause why enforcement action should not be taken. A notice shall be served on the user designating the time and place of the hearing to be held regarding the violations, the reasons why the action is to be taken, the proposed enforcement action and requesting the user to show cause why the proposed enforcement action should not be taken.
B. 
The Town may issue notice of such hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings. Testimony will be taken under oath, recorded and kept on file for inspection by the public or any interested party.
C. 
Enforcement actions, if any, taken by the Town subsequent to the hearing shall be based upon the evidence presented. If the person in violation has failed to show cause why enforcement action should not be taken, the Town shall issue a directive to the user responsible for the violation specifying the remedial action to be taken and a schedule for completion of this action. Further orders and directives relative to the assessment of the fine(s), enforcement action to be carried out and/or other corrective actions required may also be issued.
If any user discharges into the Town's facilities in a manner which violates any provision of this chapter, federal or state pretreatment requirements or any orders of the Town, the Town Attorney may initiate an action to seek injunctive relief.
Nothing contained herein shall prevent the Town Board, either alone or in conjunction with the foregoing penalties, from maintaining an action or proceeding in the name of the Town of West Seneca in any court of competent New York State jurisdiction to compel compliance with or to restrain by injunction the violation of any provision of this chapter.
No person shall knowingly, willfully or maliciously break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is part of the municipal sewage works. Any person violating this provision shall be guilty of an offense against this chapter and shall be subject to a fine in an amount not to exceed $100 or imprisonment for 30 days, or both said fine and imprisonment.
Sewer or sewerage maintenance expenses which result from a user violation of any of the prohibited or limited discharge requirements in this chapter will be charged to the user in violation. Such maintenance may include but not be limited to stoppage, plugging, breakage, any reduction in sewer capacity or any other damage to sewers or sewerage facilities of the POTW. The costs charged to the user in violation may include the costs and expenses for complete restoration of the impaired facilities to a functional condition. Refusal of the user in violation to pay the necessary maintenance expenses resulting from such violation shall constitute further violation of this chapter subject to a fine as defined in this article.
Any industrial wastewater discharger who discharges, or causes the discharge of, prohibited wastewaters which cause damage to the POTW facilities, detrimental effects or treatment processes or any other damages, resulting in costs to the POTW, shall be liable for all damages occasioned thereby.
At such time as a public sanitary sewer is or becomes available to a property served by a private sewage disposal system, a direct connection shall be made to the public sewer in compliance with this chapter. The property owner shall apply for a connection permit and, upon issuance thereof, shall make such direct connection at his expense. The property owner shall be notified, in writing, by the Code Enforcement Officer or his designee of such availability of a public sanitary sewer and to make the connection thereto and shall proceed to make such approved connection within a period of 60 days from the date of such notification. Failure to make such required connection within the time specified shall constitute a violation of this chapter and shall subject the violator to such penalties, charges or assessments as established herein.
Unpaid sewer penalties, charges or assessments may become a lien upon the real property upon which the violation has been duly determined to exist. Interest shall be due and payable in the same manner as other taxes.
If a violator fails to correct a violation after due notice, as provided in § 97-40, and the Town Board deems it necessary that the violation be corrected, it may cause the violation to be corrected, and the amount of the cost of correcting said violation shall be spread upon the tax rolls of the property which is the subject of said violation.
Nothing in this article shall be construed to limit the right of the Town Board to enforce, or avail itself of the benefits of, any and all other applicable laws and ordinances.