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City of Schenectady, NY
Schenectady County
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Table of Contents
Table of Contents
[Amended 12-12-1988 by Ord. No. 88-91; 12-27-2010 by Ord. No. 2010-23]
A. 
The City is hereby authorized to enforce all pretreatment requirements necessary to ensure compliance with the terms and conditions of the City of Schenectady State Pollutant Discharge Elimination System permit issued by the NYSDEC pursuant to the Act.
B. 
The enforcement response plan dated October 19, 1995, as approved by the United States Environmental Protection Agency, is hereby adopted as the official enforcement response plan for the City of Schenectady with respect to its ordinances affecting water, wastewater and sewer usage.
[Added 12-27-2010 by Ord. No. 2010-23]
If the City has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this Part 2, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the City designed to verify compliance with this Part 2 or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the City may seek issuance of a search warrant in accordance with NY Criminal Procedure Law § 690.35.
[Added 12-27-2010 by Ord. No. 2010-23]
The remedies provided for in this Part 2 are not exclusive. The City may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the City’s Enforcement Response Plan. However, the City may take other action against any user when the circumstances warrant. Further, the City is empowered to take more than one enforcement action against any noncompliant user.
A. 
The City may suspend the wastewater treatment service and/or an industrial wastewater discharge permit when such suspension is necessary, in the opinion of the City, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons or to the environment, causes interference to the POTW or causes the City to violate any condition of its SPDES permit.
B. 
Any person notified of a suspension of the wastewater treatment service and/or the industrial wastewater discharge permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, the City shall take steps as deemed necessary, including immediate severance of the sewer connection to prevent or minimize damage to the POTW system or endangerment to any individuals or the environment. In such case as severance or termination of the sewer connection is required, any and all expense connected therewith shall be borne by the owner and chargeable against the property at which such service was terminated. The service shall remain terminated until all charges relating to the termination have been paid. The City shall reinstate the industrial wastewater discharge permit and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge.
[Amended 12-27-2010 by Ord. No. 2010-23]
[Amended 12-12-1988 by Ord. No. 88-91]
Whenever the Director finds that any user has violated or is violating this Part 2, the industrial wastewater discharge permit or any prohibition, limitation or requirement contained herein, the City may serve upon such person a written notice stating the nature of the violation. Within 15 days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the Director by the user.
[Amended 12-12-1988 by Ord. No. 88-91]
A. 
The Director may order any user who causes or allows any unauthorized discharge to enter the POTW to show cause before a Sewer Complaint Review Board why the proposed enforcement action should not be taken. The Board shall consist of the Mayor of the City of Schenectady, the Director and the City Engineer. A notice shall be served on the user specifying the time and place of a hearing to be held by the 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 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 15 days before the hearing. Service may be made on any agent or officer of a corporation. A show-cause hearing shall not be a bar against, or prerequisite for, the City taking any other action against the user.
[Amended 12-27-2010 by Ord. No. 2010-23]
B. 
Whenever, because of danger to the public health, safety or welfare, it appears prejudicial to the public interest to delay action for 15 days, the Director may serve the respondent with an order requiring certain action or the cessation of certain activities immediately or within a specified period of less than 15 days, and the Director shall provide an opportunity to be heard within 15 days after the date the order is served.
C. 
The Board may itself conduct the hearing and take the evidence, or may designate any of its members or any officer or employee of the Department of Water and Wastewater to:
(1) 
Issue, in the name of the 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) 
Take the evidence.
(3) 
Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Board for action thereon.
D. 
The Board, or its designee, shall not be bound by laws of evidence in the conduct of hearing proceedings, but the determination shall be founded upon sufficient legal evidence to sustain it. Proceedings will follow the New York State Administrative Procedures Act.
E. 
The Corporation Counsel may prefer charges, attend hearings, present the facts and take any and all proceedings in connection therewith.
F. 
At a hearing, the respondent may appear personally, shall have the right of counsel and may cross-examine witnesses against him and produce evidence and witnesses in his behalf.
G. 
A record, or summary thereof, of the proceedings of said hearings shall be made and filed with the Department. If requested to do so by any interested party concerned with said hearing, the full stenographic notes of the testimony presented at said heading shall be taken and filed. The stenographer shall, upon the payment of his fees allowed by law therefor, furnish a certificate transcript of the whole or any part of his notes to any party to the action requiring the same.
H. 
Unless precluded by law, disposition may be made of any hearing by stipulation, agreed settlement, consent order, default or other informal method. Within 10 days of the notice specified in § 220-82, the user may request a prehearing conference with the City's representative for an informal disposition of any or all charges.
I. 
Upon request made by any party upon the Department within a reasonable time but prior to the time for commencement of judicial review of its giving notice of its decision, determination, opinion or order, the Board or its representative shall prepare the record, together with any transcript of proceedings within a reasonable time and shall furnish a copy of the record and transcript or any part thereof to any party as he may request. Except when any law provides otherwise, the Department is authorized to charge not more than its cost for the preparation and furnishings of such record or transcript or any part thereof or the rate specified in the contract between the agency and a contractor if prepared by a private contractor.
J. 
Upon application of any affected user, the City may modify or amend any determination after a hearing.