New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXX - Niagara Falls Water Board › Part 1960 - Wastewater Regulations › Section 1960.9 - Administrative

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Powers of the
				director.
(1) The director shall be empowered
				to issue permits in accordance with this Part allowing discharge of wastes to
				the water board POTW or MS4, to validate connection permits, and to prevent
				illicit connections, activities, and discharges to the MS4.
(2) The director or his authorized
				representative is empowered by this Part to initiate any of the following
				courses of action, through a notice of violation or otherwise, with respect to
				users whenever, in his sole discretion, any section of this Part is violated:
(i) reject the waste;
(ii) require pretreatment;
(iii) require a control over quantities and
				rate of discharge;
(iv) require a
				payment of a surcharge to be determined by the director based on reasonable
				assessment of the degree of violation and/or additional costs of treatment
				resulting from the violation;
(v)
				require surveillance and/or monitoring of discharges and attendant
				reporting;
(vi) require the
				development of compliance schedules and submission of attendant reports
				necessary to assure compliance;
(vii) modify or revoke the wastewater
				discharge permit;
(viii) terminate
				sewer service;
(ix) require
				implementation of best management practices to control illicit discharges and
				activities;
(x) require the
				elimination of illicit connections or illicit discharges;
(xi) require cessation of violating
				discharges, practices or operations;
(xii) require abatement or remediation of
				stormwater pollution or contamination hazards and the restoration of any
				affected property;
(xiii) require
				the performance of monitoring, analyses and reporting;
(xiv) require payment of a fine;
				and
(xv) seek injunctive relief.
(a) The owner or operator of a commercial or
				industrial establishment shall provide, at their own expense, reasonable
				protection from accidental discharge of prohibited materials or other wastes
				into the MS4 through the use of structural and non-structural BMPs.
(b) Any person responsible for a property or
				premise, which is, or may be, the source of an illicit discharge or an activity
				contaminating stormwater, may be required to implement, at said person's
				expense, additional structural and non-structural BMPs to reduce or eliminate
				the source of pollutant(s) to the MS4.
(c) Compliance with all terms and conditions
				of a valid SPDES permit authorizing the discharge of stormwater associated with
				industrial activity, to the extent practicable, shall be deemed compliance with
				the provisions of this section.
(3) If refused access to the subject private
				property, the director, or his or her authorized representative, may seek a
				warrant in a court of competent jurisdiction to be authorized to enter upon the
				property to determine whether a violation of water board regulations has
				occurred. Upon determination that a violation has occurred, the director or
				authorized representative may seek a court order to take any and all measures
				reasonably necessary to abate the violation and/or restore the property. The
				cost of implementing and maintaining such measures shall be the sole
				responsibility of the discharger.
(4) Except in the event of an emergency,
				reasonable advance notice of the action to be taken shall be given by the
				director but, unless negotiated upon initiation by the user, shall in no case
				exceed 60 calendar days. Once notice of action is given, the user shall have 10
				business days to respond to the charges contained therein or submit a response
				contesting the action.
(5) If a
				response contesting the action is entered, prior to scheduling a formal
				hearing, the user may at the discretion of the director be afforded the
				opportunity to meet with the director to resolve the matter by mutual consent.
				If settlement cannot be reached, then, upon request of the user, the director
				shall refer the matter to the water board for a formal hearing. The water board
				may appoint and refer the dispute or enforcement proceeding to a hearing
				officer who shall conduct the hearing of the alleged violation and contest
				thereof. The hearing officer shall promptly conduct the hearing and provide a
				written report to the water board with a recommendation, based on the evidence
				presented, for a final determination by the water board. Reasonable notice
				shall be given to the user who shall be allowed to present relevant evidence
				and argument at the hearing. A written decision by the water board based upon
				evidence and argument presented shall be made within 30 days following the
				conclusion of the hearing or receipt of the hearing officer's report. The
				decision of the water board shall be only subject to review pursuant to article
				78 of the Civil Practice Law and Rules of the State. Following such hearing,
				the water board may commence an action, in any court having jurisdiction,
				seeking appropriate legal and/or equitable relief, including injunctions
				against the violative activity, from users not in compliance with any of the
				provisions of this Part, or any pretreatment standards and
				requirements.
(6) The director
				reserves the right to terminate or prevent a discharge after informal notice to
				the discharger to immediately halt a discharge which reasonably appears to
				present imminent endangerment to the health or welfare of persons, property of
				the water board POTW, MS4 or to the environment. Informal notice shall be
				followed as soon as practicable by action as provided by this
				section.
(7) Actions to be taken by
				the director shall be documented in the form of a letter, an administrative
				order, or other document as the director may reasonably determine.
(8) The director may promulgate
				administrative procedures, technical specifications or guidances to implement
				any and all sections of this Part. These procedures, specifications and
				guidances shall have the same force and effect as if they were fully set forth
				in this Part.
(9) Access and
				monitoring of discharges to the MS4.
(i) The
				director shall be permitted to enter and inspect facilities subject to
				regulation under this law as often as may be necessary to determine compliance
				with the water board regulations. If a discharger has security measures that
				require proper identification and clearance before entry into its premises, the
				discharger shall make the necessary arrangements to allow access to the
				director.
(ii) Facility operators
				shall allow the director ready access to all parts of the premises for the
				purposes of inspection, sampling, examination and copying of records as may be
				required by these regulations.
(iii) The water board shall have the right to
				set up on any facility subject to this law such devices as are necessary in the
				opinion of the director to conduct monitoring and/or sampling of the facility's
				stormwater discharge.
(iv) The
				water board has the right to require the facilities subject to these
				regulations to install monitoring equipment as is reasonably necessary to
				determine compliance with these regulations. The facility's sampling and
				monitoring equipment shall be maintained at all times in a safe and proper
				operating condition by the discharger at its own expense. All devices used to
				measure stormwater flow and quality shall be calibrated to ensure their
				accuracy.
(v) Unreasonable delays
				in allowing the water board access to a facility shall be a violation. A person
				who is the operator of a facility subject to this law commits an offense if the
				person denies the municipality reasonable access to the facility for the
				purpose of conducting any activity authorized or required by these
				regulations.
(vi) If the director
				has been refused access to any part of the premises from which stormwater is
				discharged, and he/she is able to demonstrate probable cause to believe that
				there may be a violation of the water board regulations, or that there is a
				need to inspect and/or sample as part of a routine inspection and sampling
				program designed to verify compliance with this law or any order issued
				hereunder, then the director may seek issuance of a search warrant from any
				court of competent jurisdiction.
(10) Illicit discharges in emergency
				situations.
(i) The director may, without
				prior notice, suspend MS4 discharge access to a person when such suspension is
				necessary to stop an actual or threatened discharge which presents or may
				present imminent and substantial danger to the environment, to the health or
				welfare of persons, or to the MS4. The director shall notify the person of such
				suspension within a reasonable time thereafter in writing of the reasons for
				the suspension. If the violator fails to comply with a suspension order issued
				in an emergency, the director may take such steps as deemed necessary to
				prevent or minimize damage to the MS4 or to minimize danger to
				persons.
(ii) Suspension due to the
				detection of illicit discharge. Any person discharging to the municipality's
				MS4 in violation of this law may have their MS4 access terminated if such
				termination would abate or reduce an illicit discharge. The director will
				notify a violator in writing of the proposed termination of its MS4 access and
				the reasons therefor. The violator may petition the director for a
				reconsideration and hearing. Access may be granted by the director if he/she
				finds that the illicit discharge has ceased and the discharger has taken steps
				to prevent its recurrence. Access may be denied if the director determines in
				writing that the illicit discharge has not ceased or is likely to recur. A
				person commits an offense if the person reinstates MS4 access to premises
				terminated pursuant to this section, without the prior approval of the
				director.