2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 8 - Buffalo Sewer Authority › 1178-A - Enforcement and Special Powers of the Authority.

§  1178-a.  Enforcement  and  special  powers  of  the  authority.  1.
Administrative sanctions and civil liability. a. Any user who  has  been
finally  determined to violate any rules, regulations, permits or orders
of the authority made pursuant to this title, shall be strictly  liable,
without  regard  to  fault,  to  a penalty of not to exceed ten thousand
dollars per violation per day. Each violation shall be  a  separate  and
distinct  violation  and,  in  the  case of a continuing violation, each
day's continuance thereof  shall  be  deemed  a  separate  and  distinct
violation.  The  penalties  provided  for herein shall be imposed by the
authority, pursuant to the rules and regulations of the authority.
b. The authority 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 authority, before  or  after
proceedings are brought to recover such penalties and prior to the entry
of  judgment  thereof.  All penalties received by the authority shall be
deposited with the treasurer and applied by the board to the benefit  of
the authority's sewer rent payors and bondholders.
c.  In  addition  to  the penalties provided herein, in the event of a
violation or threatened violation  of  any  of  the  authority's  rules,
regulations, permits, or orders, the authority is authorized to:
(i)  obtain a warrant upon application to the Erie county court or any
other 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 user's access to the  sewer
system; or
(iv) obtain an injunction or other judicial relief upon application to
a  court  of  competent jurisdiction, to enjoin any 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  authority,
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; and
(v) recover the fee, cost or expense incurred by the authority for any
investigation, sampling, monitoring (enhanced or otherwise), removal and
remediation costs or other actual expenses,  fees  or  costs,  including
attorneys fees and costs.
d.  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 a user.
e. In determining the amount of an administrative  or  civil  penalty,
the  authority  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.
2.  Summary  abatement. Notwithstanding any inconsistent provisions of
law, whenever the general manager 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
facilities,  the  environment or the public health, safety or welfare of
persons and the general manager determines that it would be  harmful  to
delay  action  until  an  opportunity for a hearing can be provided, the
general manager may, without prior hearing, order such person by notice,
in writing wherever practicable or in such other form as in the  general
manager'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  authority is authorized to discontinue, disconnect or
block the user's access to the sewer system. Within  thirty  days  after
the  issuance  of such order, the authority shall give written notice to
any such person which provides for an opportunity for a hearing.
3. Records, reports, inspections and entry. 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 authority's
rules, regulations, permits or orders;
(i) the authority 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 authority shall prescribe in its
rules, regulations, permits or orders; and
(5) provide such other information as  the  authority  may  reasonably
require; and
(ii)  except  as  otherwise  provided by a court warrant or order, the
authority or its authorized  representative,  (including  an  authorized
contractor   acting   as   a   representative  of  the  authority)  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 authority;
(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
authority;
(3) may, during all times of industrial user discharges,  inspect  any
monitoring  equipment or method which is required pursuant to this title
or any rules, regulations, orders or permits of the authority; 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
authority  by  any  person  that  records,  reports,  or information, or
particular part thereof  (other  than  discharge  data),  to  which  the
authority  has  access  under this section, if made public would divulge
methods or processes entitled to protection as  trade  secrets  of  such
person,   the   authority   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  New
York  state  concerned  with  carrying  out  the Clean Water Act or when
relevant to any proceeding under this title or the Clean Water Act.
4.  Proceedings  before  the  authority.  a.  Whenever  the  authority
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  authority  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 authority,  at  a  reasonable
time  and place in said notice specified, and show cause why enforcement
action should not be taken.
b.  The  authority  shall  establish  in  its  rules  and  regulations
procedures for the conduct of any hearings.
c.  In  any  hearing,  a hearing officer may administer oaths, examine
witnesses, and issue, in the name of the authority, 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 authority.
d.  In  any proceeding before the authority, 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 authority or  the
hearing  officer  may rely upon the self-monitoring reports submitted by
the person being investigated or any other evidence.
e. After due consideration of the written  and  oral  statements,  and
testimony  and arguments, or on default in appearance, the authority may
issue and enter such final order or make such final determination as  it
deems  appropriate under the circumstances, and shall notify such person
or persons thereof in writing.
f. The general manager may designate an agent of the authority or  any
other  person,  independent  of  the  authority, to serve and preside as
hearing officer.
g. In case of contumacy or refusal to obey  a  notice  of  hearing  or
subpoena   issued  by  the  authority,  the  supreme  court  shall  have
jurisdiction, upon application of  the  authority,  to  issue  an  order
requiring  such  person to appear and testify or produce evidence as the
case may require.