NY Pub Auth L § 1230-G (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 10-B - Niagara Falls Public Water Authority 1230-G - Special Enforcement Powers With Respect to Wastewater Facilities.

§  1230-g.  Special  enforcement  powers  with  respect  to wastewater facilities. 1. In addition to any other enforcement powers  provided  by this  title  or  any  other  provision  of  law,  with  respect  to  the jurisdiction, control, supervision, possession, operation and use of the wastewater system and its facilities  and  for  the  administration  and enforcement  of  this title with respect to such waste water system, the water board shall have the enforcement powers provided in this  section. The  provisions  of  this  section shall be liberally construed so as to effect the purpose of this section to permit the water board to  qualify as  a publicly-owned treatment works (POTW) under applicable federal and state environmental laws.   2. As used or referred to in this section, unless a different  meaning clearly appears from the context:  (a) "Discharge" means any introduction of waste into the wastewater or storm water facilities from any effluent source.  (b)   "Domestic  sewage"  means  a  combination  of  wastes  from  the non-commercial preparation, cooking, and handling of food; human  bodily wastes  and  similar  matter  from  sanitary  conveniences in dwellings, commercial buildings, industrial  buildings  and  institutions;  or  any other  wastes  from  non-commercial, non-industrial or non-institutional activities.  (c) "Effluent source" means a source of introduction of any waste into the wastewater or storm water facilities.  (d) "Hazardous substance" means any substance that:  (i) is identified or listed as a hazardous waste  or  acute  hazardous waste  in  regulations  promulgated  pursuant  to section 27-0903 of the environmental conservation law and all amendments thereto, regardless of whether at the time of release the substance was actually a waste; or  (ii) appears on the list of substances hazardous or acutely  hazardous to  public  health,  safety or the environment in regulation promulgated pursuant to paragraphs (a) and (b) of subdivision one of section 37-0103 of the environmental conservation law and all  amendments  thereto;  and any substance on the list established by the United States environmental protection  agency  for  reporting  pursuant  to  42  U.S.C. § 11023, as amended.  (d) "Industrial  user"  means  any  person  or  effluent  source  that discharges industrial waste.  (e)  "Industrial waste" means any liquid, solid, or gaseous substance, or combination  thereof,  resulting  from  any  process  of  industrial, commercial,  governmental  and  institutional  concerns,  manufacturing, business, trade, or research, including the  development,  recovery,  or processing  of  natural  resources,  or  from  sources  other than those described as domestic sewage. Groundwater  and  surface  runoff  may  be considered  to  be  industrial  waste  if  contaminated  with industrial process chemical constituents.  (f) "Pollutant" means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical  wastes,  biological materials,  radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water.  (g) "Sewage" or "wastewater" means  any  combination  of  wastes  from residences,    business    buildings,    institutions   and   industrial establishments, together with such ground, surface and storm  waters  as may be present.   3.  (a)  The  water  board shall adopt a schedule of administrative or civil penalties not to exceed ten thousand dollars per violation per day to be assessed against any person who has  been  finally  determined  to violate  any  rules,  regulations,  permits or orders of the water board  made  pursuant  to  this  title.  In  determining  the  amount   of   an administrative  or  civil  penalty,  the  water board or the court shall consider the seriousness of the violation or violations, any history  of such  violations,  any  good  faith  efforts  to  comply with applicable requirements  and  such  other  matters  as  justice  may  require.  The penalties provided for in this subdivision shall be imposed by action of the  water board after a hearing meeting the requirements of due process pursuant to the rules and regulations of the water board.  (b) The water board may bring suit for collection or recovery  of  any such  penalty  in  any  court  of  competent jurisdiction. Any sanction, penalty, action or cause of action for the recovery of a penalty,  under this  title, may be settled or compromised by the water board, before or after proceedings are brought to recover such penalties and prior to the entry of judgment thereof. All penalties received  by  the  water  board shall  be  deposited  with the treasurer and applied by the board to the benefit of the water board users and authority bondholders.  (c) In addition to the penalties provided in this subdivision, in  the event of a violation or threatened violation of any of the water board's rules,  regulations,  permits,  or orders, the water board is authorized to:  (i) obtain a warrant  upon  application  to  any  court  of  competent jurisdiction,  based upon reasonable cause and reliable information that such violation is threatened or has occurred, for entry  onto  a  user's premises  or  effluent source where entry has been denied or obstructed; or  (ii) suspend or revoke any user's discharge permit; or  (iii) discontinue, disconnect or block the person or user's access  to the system; or  (iv) obtain an injunction or other judicial relief upon application to a  court  of  competent  jurisdiction, to enjoin any person or user from continuing such violation or  from  carrying  out  the  threat  of  such violation.  In  any such suit the court shall have jurisdiction to grant the water board,  without  bond  or  undertaking,  such  prohibitory  or mandatory  injunctions as the facts may warrant, including prevention or abatement of  pollutant  discharges,  temporary  restraining  orders  or preliminary injunctions; or  (v)  recover  costs  or  expenses  incurred by the water board for any investigation, sampling, monitoring (enhanced or otherwise), removal and remediation costs or other actual expenses,  fees  or  costs,  including attorneys' fees and costs.   The  imposition of any sanction or penalty or application for judicial relief, shall not be a bar against, or prerequisite for taking any other action against any person.   4. Notwithstanding any inconsistent provisions of  law,  whenever  the executive  director  finds,  after  investigation,  that  any  person is discharging any pollutant,  sewage,  industrial  waste  or  other  waste which,  in  his  judgment,  presents  an  imminent  danger to the system facilities, the environment or the public health, safety or  welfare  of persons  and  the executive director determines that it would be harmful to delay action until an opportunity for a hearing can be provided,  the executive  director  may,  without  prior  hearing, order such person by notice, in writing wherever practicable or in such other form as in  the executive  director's  judgment will reasonably notify such person whose practices are intended  to  be  proscribed,  to  discontinue,  abate  or alleviate  such  discharge,  and thereupon such person shall immediately discontinue,  abate  or  alleviate  such  discharge.  In  the  event  of non-compliance  with  such  order,  the  water  board  is  authorized to discontinue, disconnect or block the user's access to the system. Within  ten days after the issuance of such order, the water  board  shall  give written  notice to any such person which provides for an opportunity for a hearing.   5.  (a)  Whenever required to carry out the purposes and objectives of this title, including, but not limited to, developing  or  assisting  in the  development  of  any  discharge  limitation,  or  other limitation, prohibition or discharge standard, pretreatment standard, or standard of performance; or determining whether any industrial user is in  violation of  any  such  discharge  limitation,  or other limitation, prohibition, discharge standard, pretreatment standard, or standard of performance or the water board's rules, regulations, permits or orders;  (i) the water board may require industrial users to:  (1) establish and maintain such records;  (2) make such reports;  (3) install, use and maintain such  monitoring  equipment  or  methods (including   where   appropriate,  biological  monitoring  equipment  or methods);  (4) sample such discharges, in accordance with such methods,  at  such intervals,  and in such manner as the water board shall prescribe in its rules, regulations, permits or orders; and  (5) provide such other information as the water board  may  reasonably require; and  (ii)  except  as  otherwise  provided by a court warrant or order, the water board or its authorized representative, (including  an  authorized contractor   acting  as  a  representative  of  the  water  board)  upon presentation of his credentials:  (1) shall have a right of entry, at all reasonable times, to, upon, or through any premises in which any effluent source of an industrial  user is  located  or  in  which  any  records  are  required to be maintained pursuant to this title or any rules, regulations, orders or  permits  of the water board;  (2)  may,  at  reasonable  times  during  regular business hours, have access to and copy any records required to  be  maintained  pursuant  to this  title  or  any  rules, regulations, orders or permits of the water board;  (3) may, during all times of industrial user discharges,  inspect  any monitoring  or  other  equipment or method which is required pursuant to this title or any rules, regulations, orders or  permits  of  the  water board; and  (4)  may,  during all times of industrial user discharges, have access to and sample  any  discharges  or  pollutants,  resulting  directly  or indirectly  from  activities or operations of the industrial user of the premises in which an effluent source is located.  (b) Any records, reports or information obtained  under  this  section shall,  in  the  case  of  discharge  data, be related to any applicable limitation, toxic pretreatment, or performance standards, and  shall  be available  to the public, except that upon a showing satisfactory to the water board by any person that  records,  reports,  or  information,  or particular  portion  thereof  (other  than discharge data), to which the water board has access under this section, if made public would  divulge methods  or  processes  entitled  to protection as trade secrets of such person,  the  water  board  shall  consider  such  record,  report,   or information,  or  particular  portion  thereof confidential, except that such record, report,  or  information  may  be  disclosed  to  officers, employees,  or  authorized  representatives  of the United States or the state concerned with carrying out the Clean Water Act 33 U.S.C.  §  1251 et  seq.,  and any applicable state law related thereto or when relevant  to any proceeding under this title or the Clean Water Act, 33  U.S.C.  § 1251 et seq., and any applicable state law related thereto.   6.  (a) Whenever the water board determines, after investigation, that there has been a violation of any of the provisions of this title or any rules, regulations, orders or permits issued pursuant thereto, the water board shall give notice in writing, in  such  form  as  will  reasonably notify  the alleged violator or violators setting forth any thing or act done or omitted to be done or claimed to be in  violation  of  any  such provisions,  and  requiring that the matters complained of be corrected. Such notice shall inform the violator of an opportunity for  a  hearing, or  that the alleged violator appear in person or by attorney before the water board, at a reasonable time and place in  said  notice  specified, and show cause why enforcement action should not be taken.  (b)  The  water  board  shall  establish  in its rules and regulations procedures for the conduct of any hearings.  (c) The executive director may designate an agent of the  water  board or  any  other  person,  independent  of  the  water board, to serve and preside as hearing officer.  (d) In any hearing, a hearing officer may  administer  oaths,  examine witnesses,  and  issue,  in  the  name  of  the  water board, notices of hearings  and  subpoenas  requiring  the  attendance  and  testimony  of witnesses and the production of evidence relevant to any matter involved in any hearing conducted by the water board.  (e)  In  any  proceeding  before the water board, the burden of proof, with respect to violations of or liability imposed by this title  or  by rules,  regulations,  orders or permits issued pursuant thereto shall be upon the user or person cited by notice. In any such  proof,  the  water board  or  the hearing officer may rely upon the self-monitoring reports submitted by the person being investigated or any other evidence.  (f) After due consideration of the written and  oral  statements,  and testimony  and  arguments,  or on default in appearance, the water board may issue and enter such final order to make such final determination as it deems appropriate under the  circumstances,  and  shall  notify  such person or persons thereof in writing.  (g)  In  case  of  contumacy or refusal to obey a notice of hearing or subpoena issued by  the  water  board,  the  supreme  court  shall  have jurisdiction,  upon  application  of  the water board, to issue an order requiring such person to appear and testify or produce evidence  as  the case may require.