A.
The Village of Webster shall adopt a set of rules and regulations
containing the following:
(1)
A description of its organization, stating the general policy and
method or operation and designating where applications, requests and
submissions shall be made.
(2)
The nature and requirements of all formal and information procedures
in applying for a permit, in requesting a hearing and for submitting
or opposing a rule or regulation.
(3)
A procedure to make available for public inspection all rules and
regulations, orders, statements of policy or interpretations used
by the sewerage system in the discharge of its functions. No rule,
regulation, order or decision is valid against any person or party
until it has been made available for public inspection. This provision
is not applicable in favor of any person or party who has actual knowledge
thereof.
(4)
An administrative procedure establishing the Village of Webster enforcement
policy and procedures for violations of this Part 2 or permits issued
thereunder.
B.
The Village of Webster shall:
(1)
Publish annually, in the designated official newspaper as well as
the largest daily newspaper of Village of Webster, a list of industrial
users who, during the previous 12 months, were significantly in violation
of applicable pretreatment standards or other pretreatment requirements.
For purposes of this provision, "significant noncompliance" is defined
as meeting one or more of the following criteria:
(a)
Chronic violations of wastewater discharge limits, defined here
as those in which 66% or more of all the measurements taken during
a six-month period exceed by any magnitude the daily maximum limit
or the average limit for the same pollutant parameter.
(b)
Technical review criteria (TRC) violations, defined here as
those in which 33% or more of all of the measurements taken during
a six-month period equal or exceed by any magnitude the product of
the daily maximum limit or the average limit multiplied by the applicable
TRC (TRC equals 1.4 for BOD, TSS, fats, oil and grease and 1.2 for
all other pollutants except pH).
(c)
Any other violation of a pretreatment effluent limit (daily
maximum or long-term average) that the Superintendent determines has
caused, alone or in combination with other discharges, interference
or pass-through (including endangering the health of sewage treatment
plant personnel or the general public).
(e)
Failure to meet, within 90 days after the schedule date, a compliance
schedule milestone contained in a local control mechanism or enforcement
order for starting construction, completing construction or attaining
final compliance.
(f)
Failure to provide, within 30 days after the due date, required
reports, such as baseline monitoring reports, ninety-day compliance
reports and reports on compliance with compliance schedules.
(g)
Failure to accurately report noncompliance with a discharge
standard or a limitation within 24 hours of becoming aware of the
violation.
(h)
Any violation which the Superintendent determines to have been
willful, knowing or negligent.
(i)
Any other violations which the Superintendent determines will
adversely affect the operation or implementation of the Village of
Webster pretreatment program, or violations which remain uncorrected
45 days after notification of noncompliance.
(2)
Make available to the public, for inspection and/or copying, information
and data on POTW users obtained from reports, questionnaires, permit
applications, permit and monitoring programs and inspections, unless
the user specifically requests and is able to demonstrate to the satisfaction
of the Superintendent that such information, if made public, would
divulge processes or methods of productions entitled to protection
as trade secrets of the user. Wastewater constituents and characteristics
will not be recognized as confidential.
C.
Confidential information.
(1)
Confidential information shall not be made available for inspection
and/or copying by the public but shall be disclosed upon written request
to governmental agencies for uses related to this Part 2, the National
Pollutant Discharge Elimination System (NPDES) permit or the State
Pollutant Discharge Elimination System (SPDES) permit, provided that
the governmental agency making the request agrees to hold the information
confidential in accordance with state or federal laws and regulations.
The Superintendent shall give written notice to the user of any disclosure
of confidential information to another governmental agency.
(2)
Where a request is made to the Superintendent to treat information as confidential, the Superintendent shall treat it as such unless and until the Superintendent notifies the user, in writing, of the Superintendent's denial of the request. The decision of the Superintendent shall be effective 10 days after the date of the notice. If review of the Superintendent's decision is commenced under the contested cases provisions of this Article XIV before the expiration of the 10 days, the Superintendent shall continue to treat the information as confidential unless the Village Board upholds the Superintendent's initial decision denying the request for confidentiality. If the review of the information for which confidential treatment is sought could present a conflict of interest for any member of the Village Board, that member shall take no part in the Board's decision. Any material considered in a confidentiality proceeding may not be disclosed by any Board member if the request for confidentiality is upheld by the Board. The decision of the Board shall be effective five days after service upon the user of the final decision.
The Village of Webster, prior to the adoption, amendment or
repeal of any provision of this Part 2, shall:
A.
Publish notice at least 10 days prior to the intended action. Notice
shall include a statement of either the terms or substance of the
intended action or a description of subjects and issues involved;
the time and place of the hearing; and the manner in which interested
persons may present their views.
B.
Afford all interested parties reasonable opportunity to submit data, views or arguments, orally or in writing. Reasons for adoption and refusal of a proposed rule, as well as the decision of the Village of Webster, shall be recorded and available for public inspection. If the Superintendent believes emergency action is required under § 113-23 or 113-27, the Village of Webster may waive notice and proceed without prior notice or hearing to adopt an emergency provision. The emergency provision shall be effective for a period of not longer than 120 days unless it is readopted under Subsections A and B of this section.
A.
The Village of Webster shall file a certified copy of each sewer
use law provision with the Clerk of the Village of Webster. The Clerk
shall keep a permanent file which may be inspected upon request.
The Village of Webster shall compile, index and publish all
effective sewer use law provisions. The compilation shall be supplemented
as often as necessary.
An interested party may petition the Village of Webster requesting the promulgation, amendment or repeal of a sewer use law provision. Within 30 days after submission of a petition, the Village of Webster shall either deny the petition in writing, stating its reasons, or shall initiate rulemaking proceedings in accordance with § 113-59.
A.
The Superintendent will give a declaratory opinion when either of
two conditions exists:
(1)
A formal request for a declaratory opinion of a petitioner's
position in relation to the policy contained in this Part 2 or the
provisions adopted by the Village of Webster or a permit. This request
must be acknowledged within 10 working days.
B.
The Village of Webster shall be informed of all declaratory opinions
of the Superintendent, and such opinions are not binding on the Village
of Webster but shall be reviewed, with notice, upon a formal request
of any party of the Village Board. After review, the Village Board
will issue a declaratory ruling to be filed with the Clerk of the
Village of Webster and outline administrative remedies as contained
in this Part 2 available for resolution of the condition or conditions
causing a violation.
A.
In a contested case, all parties shall be afforded an opportunity
for hearing after reasonable notice. The hearings shall be conducted
by the Village Board or a Hearing Officer appointed by the Board.
The notice shall include:
(1)
A statement of the time, place and nature of the hearing.
(2)
A statement of the legal authority and jurisdiction under which the
hearing is to be held.
(3)
A reference to the particular sections of the law and/or rules and
regulations involved.
(4)
A short and plain statement of the matters asserted. If the agency
or other party is unable to state the matters in detail at the time
the notice is served, the initial notice may be limited to a statement
of issues involved. Thereafter, upon application, a more definite
and detailed statement shall be furnished.
B.
Opportunity shall be afforded all parties to respond and present
evidence and argument on all issues involved.
C.
Unless precluded by law, informal disposition may be made of any
contested case by stipulation, agreed settlement, consent, order or
default.
D.
The record upon appeal for a determination of the Board in a contested
case shall include:
A.
Irrelevant, immaterial or unduly repetitious evidence shall be excluded.
The rules and regulations of evidence as applied in nonjury civil
cases in Supreme Courts of this state shall be followed. When necessary
to ascertain facts not reasonably susceptible of proof under those
rules and regulations, evidence not admissible thereunder may be admitted
(except where precluded by statute) if it is of a type commonly relied
upon by reasonably prudent persons in the conduct of their affairs.
The Village of Webster shall be cognizant of the rules and regulations
of privilege recognized by law. Objections to evidentiary offers may
be made and shall be noted in the record. Subject to these requirements,
when a hearing will be expedited and the interest of the parties will
not be prejudiced substantially, any part of the evidence may be received
in written form.
B.
Documentary evidence may be received in the form of copies or excerpts
if the original is not readily available. Upon request, parties shall
be given an opportunity to compare the copy with the original.
C.
A party may conduct cross-examinations required for a full and true
disclosure of the facts.
D.
Notice may be taken of judicially cognizable fact. In addition, notice
may be taken of generally recognized technical or scientific fact
within the Village of Webster special knowledge. Parties shall be
notified either before or during the hearing or by reference in preliminary
reports or otherwise of the material noticed, including any staff
memoranda or data, and they shall be afforded an opportunity to contest
the material noticed. The experience, technical competence and specialized
knowledge of the Village of Webster may be utilized in the evaluation
of the evidence.
A.
Hearing officer.
(2)
The hearing officer shall make a report containing the hearing officer's
proposed findings of fact and findings of law along with the hearing
officer's recommendation to the Board and the basis thereof within
30 days after the completion of the hearing.
(3)
The Board shall thereafter examine the record as defined in § 113-64D and, at an open meeting, shall render a final decision by a majority of those present. The decision of the Board shall include its finding of fact and findings of law unless waived by all parties. The Board shall in no way be bound or limited by the recommendation of the hearing officer in making its final decision. At the aforesaid open meeting, the parties shall be given notice and afforded an opportunity to present oral or written arguments on their behalf in the manner of an appellate review and shall base its statements upon the record and evidence before the hearing officer.
B.
In the event that the hearing is conducted before the Village Board
and not referred to an officer for a hearing, the final determination
shall be made by the majority of those present at the hearing. A transcript
shall not be required but may be requested by any party and paid for
by the party requesting the same.
A final decision or order adverse to a party in a contested
case shall be in writing or stated in the record. A final decision
shall include findings of fact and conclusions of law, separately
stated. Findings of fact, if set forth in statutory language, shall
be accompanied by a concise and explicit statement of the underlying
facts supporting the findings. If, in accordance with rules and regulations
of the Village of Webster, a party submitted proposed findings of
fact, the decision shall include a ruling upon each proposed finding.
Parties shall be notified, either personally or by mail, of any decision
or order. Upon request, a copy of the decision or order shall be delivered
or mailed forthwith to each party and to each party's attorney
of record.
Unless required for the disposition of ex parte matter authorized
by law, members or employees of the Village of Webster assigned to
render a decision or to make findings of fact and conclusions of law
in a contested case shall not communicate, directly or indirectly,
in connection with any issue of fact with any person or party, nor
in connection with any issue of the law with any party or its representative,
except upon notice and opportunity for all parties to participate.
A member of the Village Board may:
A.
When denial of a permit is required to be preceded by notice and
opportunity for hearing, the provisions of this Part 2 concerning
contested cases shall apply.
B.
When a permittee has made timely and sufficient application for the
renewal of a permit or a new permit with reference to any activity
of a continuing nature, the existing permit does not expire until
the application has been finally determined by the Village Board,
and, in a case in which the application is denied or the terms of
the new permit are limited, until the last day for seeking review
of the order of the Village of Webster or a later date fixed by order
of the reviewing court.
C.
No revocation, suspension, annulment or withdrawal of any permit
is lawful unless, prior to the institution of Village Board proceedings,
the Village of Webster gave notice by registered mail to the permittee
of facts or conduct which warrants the intended action and the permittee
was given an opportunity to show compliance with all lawful requirements
for the retention of the permit. If the Superintendent finds that
the public health, safety or welfare imperatively requires emergency
action and incorporates a finding to that effect in its order, summary
suspension of a permit may be ordered pending proceedings for revocation
or other action. These proceedings shall be promptly instituted and
determined.
A.
A party who has exhausted all administrative remedies available within
the Village of Webster and who is aggrieved by a final decision in
a contested case is entitled to review.
B.
Review of a rate-making determination shall be accomplished by petition
to the Village of Webster.
C.
Review of other decisions are instituted by filing a petition in
the Supreme Court of the Seventh Judicial District within 30 days
after the final decision of the Village Board or, if a rehearing is
requested, within 30 days after the decision thereon. Copies of petition
shall be served upon all parties.
D.
The filing of the petition does not itself stay enforcement of the
Village Board's decision, although a stay may be granted upon
appropriate terms by the Village Board.
E.
Within 30 days after the service of the petition or within further
time allowed by court, the Village Board of the Village of Webster
shall transmit to the reviewing court the original (or certified)
copy of the proceeding under review.
Notwithstanding any other provision of this Part 2, the Village
of Webster may authorize the Village Attorney to institute the appropriate
legal proceedings, including seeking injunctive relief. The power
of injunction shall be invoked in the following cases:
A.
To stop an illegal discharge after all administrative procedures
have been used and failed.
B.
To stop an illegal discharge which is causing the Village to violate
its discharge standards and the length of time necessary to institute
any existing legal remedies would result in a fine or penalty to the
Village.
