Whenever the Executive Director finds that any user has violated or is violating this chapter, or any wastewater discharge permit, order, prohibition, limitations or requirement permitted by this chapter, the Executive Director may serve upon such person a written notice stating the nature of the violation. Within 10 calendar days of the date that the Executive Director mails the notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof shall be submitted to the Executive Director by the user. The correction and prevention plan shall include specific actions. Submission of this plan in no way relieves the user of liability for any violations caused by the user before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the Executive Director to take action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
The District Board is hereby empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the user responsible for the noncompliance. Such document will include specific action to be taken by the user to correct the noncompliance within a time period also specified by the document. Consent orders shall have the same force and effect as an administrative order and shall be judicially enforceable.
A. 
When the District Board finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or an order issued thereunder, or any other pretreatment standard or requirement, it may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including installation of pretreatment technology, additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.
B. 
The user may, within 15 calendar days of receipt of such order, petition the District Board to modify or suspend the order. Such petition shall be in written form and shall be transmitted to the Executive Director by registered mail. The District Board may then:
(1) 
Reject any frivolous petitions;
(2) 
Modify or suspend the order; or
(3) 
Order the petitioner to show cause in accordance with § 345-143 and may, as part of the show cause notice, request the user to supply additional information.
A. 
Notwithstanding any other section of this chapter, any user who is found to have violated any provision of this chapter or a wastewater discharge permit or administrative order issued hereunder shall be fined in an amount not to exceed $1,000 per violation. Each day on which noncompliance shall occur or continue shall be deemed a separate and distinct violation, including violation of monthly or other long-term discharge limits.
B. 
Fines are payable within 30 days of receiving notice to pay them, made payable to RCSD No. 1. If payment is not received within 30 days, the fine will be added to the owner's tax bill.
C. 
A late charge of 1% per month or part of a month will be added to any late payment to cover interest and handling costs, for fees received after 30 days.
D. 
The user may, within 15 calendar days of notification of the Executive Director's notice of such fine, petition the Executive Director to modify or suspend the order. Such petition shall be in written form and shall be transmitted to the Executive Director by registered mail. The Executive Director may then:
(1) 
Reject any frivolous petitions;
(2) 
Modify or suspend the order; or
(3) 
Order the petitioner to show cause in accordance with § 345-143 and may, as part of the show cause notice, request the user to supply additional information.
E. 
Where a request has merit, the Executive Director may convene a hearing on the matter. In the event that the user's appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The Executive Director may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.
F. 
Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.
A. 
When the District Board finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or an order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the District Board may issue an order to the user directing it to cease and desist all such violations and directing the user to:
(1) 
Immediately comply with all requirements; and
(2) 
Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.
B. 
Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.
C. 
The user may, within 15 days of receipt of such order, petition the Executive Director to modify or suspend the order. Such petition shall be in written form and shall be transmitted to the Executive Director by registered mail. The District Board may:
(1) 
Reject any frivolous petitions;
(2) 
Modify or suspend the order; or
(3) 
Order the petitioner to show cause in accordance with § 345-143 and may, as part of the show cause notice, request the user to supply additional information.
A. 
Any user who violates the following conditions of this chapter or a wastewater discharge permit or an administrative order, or any applicable state or federal law, is subject to permit termination:
(1) 
Violation of permit conditions.
(2) 
Failure to accurately report the wastewater constituents and characteristics of its discharge.
(3) 
Failure to report significant changes in operations or wastewater constituents and characteristics prior to discharge.
(4) 
Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring or sampling.
(5) 
Violation of pretreatment standards in this chapter or a wastewater discharge permit.
B. 
A noncompliant industrial user will be notified, by the Executive Director or the District Board, by registered mail, of the proposed termination of its wastewater permit.
C. 
The user may, within 15 calendar days of receipt of such notification, petition the District Board to permit continued use of the POTW by the user. Such petition shall be in written form and shall be transmitted to the Executive Director by registered mail. The District Board may:
(1) 
Reject any frivolous petitions;
(2) 
Modify or suspend the termination; or
(3) 
Order the petitioner to show cause in accordance with § 345-143 and may, as part of the show cause notice, request the user to supply additional information.
D. 
The termination of a permit shall not be a bar against, or prerequisite for, any other action against the user.
A. 
The Executive Director may immediately suspend a user's discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The Executive Director may also immediately suspend a user's discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment.
(1) 
Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Executive Director or Board of Commissioners may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW or its receiving stream or endangerment to any individuals. A review of the determination of the Executive Director or Board of Commissioners made pursuant to this section shall be made in accordance with and subject to the provisions of § 345-134 of this chapter.
(2) 
The Executive Director or Board of Commissioners may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Executive Director that the period of endangerment has passed, unless the termination proceedings in § 345-141 of this chapter are initiated against the user.
(3) 
A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the Executive Director within 10 days of the date of occurrence and/or prior to the date of any show cause or termination hearing under §§ 345-141 or 345-143 of this chapter.
B. 
When, in the belief of the Executive Director, any discharge will cause serious, imminent harm, injury or adverse effect on the sewer system structures or equipment, or to any persons or to the biota of the receiving water, the Executive Director shall take any temporary action necessary to protect the public health, safety or welfare without a prior hearing or order of the Board of Commissioners. Review of the emergency action by a hearing will be accomplished without delay to determine what, if any, permanent restriction is necessary. The Executive Director, acting upon belief that an emergency exists, shall be indemnified against any personal liability that may arise in the performance of his duties to protect the public health, safety or welfare of Rockland County.
A. 
The Executive Director may order any user appealing administrative remedies for violations of this chapter to show cause, before the District Board, why an enforcement action, initiated by the Executive Director, should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the District 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 district 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 10 calendar days before the hearing. Such notice may be served on any authorized representative of the user, in accordance with § 345-145. A show cause hearing shall not be a bar against, or be a prerequisite for, taking any other action against the user.
B. 
The District Board may itself conduct the hearing and take evidence, or may designate any of its members or any officer or employee of the district to conduct the hearing, and:
(1) 
Issue, in the name of the District 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) 
Take sworn testimony;
(4) 
Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the District Board for action thereon.
C. 
After the District Board has reviewed the evidence, it may order the user to comply with the Executive Director's order or fine, modify the Executive Director's order or fine, or vacate the Executive Director's order or fine.
In the event that the Executive Director issues any administrative order, terminates the user's permit, or makes any fine as set forth in this article, and the user fails, within the designated period of time set forth, to petition the Executive Director, as provided in appropriate sections of this chapter, the user shall be deemed in default, and its rights to contest the administrative order or fine shall be deemed waived.
The notices, orders, petitions, or other notification which the user or Executive Director shall desire or be required to give pursuant to any sections of this chapter shall be in writing and shall be served personally or sent by certified mail or registered mail, return receipt requested, postage prepaid, and the notice, order, petition or other communication shall be deemed given upon its mailing as provided herein. Any notice, administrative order or communication mailed to the user pursuant to the sections of this chapter shall be mailed to the user where the user's effluent is discharged into transmission lines to the district's POTW. Any notice, petition or other communication mailed to the Executive Director shall be addressed and mailed to R.C.S.D. No. 1, #4 Route 340, Orangeburg, NY 10962.
The Executive Director shall have the right, within his sole discretion, to utilize any one or more appropriate administrative remedies set forth in this article. The Executive Director may utilize more than one administrative remedy established pursuant to this article, and the Executive Director may hold a show cause hearing combining more than one enforcement action.