In the event of any actual or threatened noncompliance with the terms of this Part 4 or any actual or threatened endangerment of the health or welfare of persons, wildlife species, vegetation or the environment, the Board may act according to the terms of this article. The various enforcement techniques and sanctions set forth in this article are not mutually exclusive, and the Board may pursue all, one or any combination of the powers in this article.
The Board shall have the power to bring an action
to enjoin the industrial user from continuing a violation(s) of this
Part 4. The Board may pursue preliminary injunctive relief, such as
a temporary restraining order and preliminary injunction, prior to
the seeking of a permanent injunction against the violation(s).
A.
Any industrial user that meets the terms of § 136-128 shall remit to the Board the amount necessary to reimburse the Board for the costs of repairs to the Board necessitated by the act(s) of noncompliance; the costs to the Board, if any, of correcting the noncompliance; the costs of any claims against the Board arising out of the noncompliance, including but not limited to attorney's fees required to defend against such claims; and any other costs which were or will be incurred by the Board as a result of the noncompliance, including but not limited to attorney's fees incurred by the Board as a result of the industrial user's violation of § 136-128.
B.
If an industrial user refuses to remit said amount
to the Board upon the Board's billing the industrial user therefor,
the Board may institute and maintain a civil action against the industrial
user for said amount.
A.
The Board shall have the power to suspend, for a period
of time set by the Board, or revoke permanently the industrial wastewater
discharge permit of a violating industrial user.
B.
During the periods of time for which an industrial
user's permit is suspended and subsequent to revocation of a permit,
that industrial user shall not contribute any wastes to the Town's
sewer system.
C.
During the period of suspension or revocation and
during the period of time from the discovery of a violation to the
rendering of a decision by the Board subsequent to a hearing on that
issue, the Board may execute any documents, retain any security or
take any other measures as it deems necessary, including immediate
physical severance or blocking of the industrial user's connection
to the sewer system, to prevent or minimize, if prevention is impossible,
the act(s) of noncompliance which led to the suspension or revocation
of the permit or to the hearing thereon or would constitute a violation
of the terms of this Part 4.
D.
The Board shall notify the industrial user of its
intent to suspend or revoke its industrial wastewater discharge permit,
the reasons for that proposed action and a date of a hearing to decide
whether such action shall he taken. Said hearing shall be held not
sooner than five and not later than 10 business days, excluding legal
holidays, subsequent to the date of mailing of the notice to the industrial
user. At that hearing, the industrial user may present any information
to rebut the proposed action by the Board. The Board shall render
a decision within five business days from the date of said hearing.
E.
In the event of an actual or threatened noncomplying discharge which is or would be so serious that immediate suspension or revocation of the permit is deemed necessary in the opinion of the Board, the Board may act in accordance with the powers set forth in Subsection C of this section to prevent such actual or threatened discharge prior to a hearing on the issue. However, in such a case a preliminary hearing shall be held within two days of said action, if the industrial user so requests, at which the industrial user may submit evidence contesting the necessity of the action and its continued effects. A full hearing shall be held not sooner then five and not later than 10 business days from date of the suspension or revocation by the Board, at which the determination at the preliminary hearing shall be reviewed. A final determination on the matter shall be rendered by the Board within five business days after the date of the final hearing.
F.
At any hearing held pursuant to this section, testimony
taken shall be under oath and recorded stenographically. The transcript
so recorded shall be made available to any member of the public or
any party to the hearing upon payment of the usual charges therefor.
G.
In reaching a decision on the suspension or revocation
of a permit, the Board shall consider all factors it deems relevant
to the issue. However, the factors of paramount importance to be given
priority in the Board's consideration of the matter shall be the protection
of the structural, biological and engineering integrity of the POTW
and appurtenant facilities, the prevention of the pass through of
untreated pollutants through the POTW and into the environment in
violation of any applicable federal, state or local standards and
the prevention of violation of the POTW's state pollutant discharge
elimination system (SPDES) permit.
H.
During the period between the discovery of a violation
and the rendering of a final decision of the Board, the Board may,
as it deems necessary, pursue any procedures authorized under this
article in order to prevent any damage to the structural, biological
and engineering integrity of the POTW and appurtenant facilities,
the pass-through of untreated pollutants through the POTW and into
the environment in violation of any applicable federal, state or local
standard or the violation of the POTW's SPDES permit.
I.
At any time, due to the discovery of new information,
the Board may alter its final or temporary order to adopt to the situation
in light of the new information.
J.
In the event of a cessation of service due to a violation
of this Part 4, the industrial user shall pay all costs involved in
restoring service once the violation is corrected and written proof
of such correction has been submitted to and accepted by the Board.
A.
Any user who is found to have violated an order of
the Board or who willfully or negligently fails to comply with any
provision of this Part 4 or the orders, rules or permits issued hereunder
shall be fined not less than $100 nor more than $5,000 for each offense.
Each day in which a violation shall occur or continue shall be deemed
a separate and distinct offense. The specific fine to be levied in
a particular situation shall be determined by the Board after a review
of the facts of the case. In the event of a continuing violation,
the Board may, if it deems appropriate, modify its prior penalty as
it deems appropriate, at any time.
B.
Any person who knowingly makes any false statements,
representations or certifications in any application, record, report,
plan or other document filed or required to be maintained pursuant
to this Part 4 or its industrial wastewater discharge permit or who
falsifies, tampers with or knowingly renders inaccurate any monitoring
device or method established pursuant to this Part 4 or who knowingly
violates any of the terms of this Part 4 shall be subject to a criminal
action in the Town Court of the Town of Queensbury and shall, upon
conviction, be subject to a fine of not more than $5,000 or by imprisonment
for not more than six months, or by both.
