[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.
