New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXXII - Buffalo Sewer Authority › Part 10075 - Buffalo Sewer Authority Sewer Use Regulations › Section 10075.10 - Administration and enforcement

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Powers of the general manager.
(1) The
				general manager is authorized to issue permits in accordance with this Part
				allowing discharge of wastes and stormwater to the B.S.A. POTW or MS4, as the
				case may be, to validate and issue connection permits, and to prevent illicit
				connections, activities, and discharges to the MS4.
(2) Notwithstanding any other provisions
				herein, the general manager or his authorized representative is authorized by
				this Part to take any of the following actions, 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 general manager 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 B.P.D.E.S. or any other 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 hazardous materials and the restoration of any affected
				property;
(xiii) require the
				performance of monitoring, analyses and reporting;
(xiv) require payment of a fine;
(xv) seek injunctive relief.
(3) The owner or operator of a
				commercial or industrial establishment shall provide, at his 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.
(4) 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 such person's expense, additional structural and non-structural
				BMPs to reduce or eliminate the source of pollutant(s) to the MS4.
(5) 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.
(6)
				If refused access to private property, the general manager, 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 B.S.A.'s regulations has occurred. Upon determination that a
				violation has occurred, the general manager 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 person
				responsible for the property or discharge or violation.
(7) Except in the event of an emergency,
				reasonable advance notice of the action to be taken shall be given by the
				general manager but, unless negotiated upon initiation by the user, shall in no
				case exceed 30 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.
(8)
				The general manager 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 B.S.A. POTW, MS4 or to the environment. Informal
				notice shall be followed as soon as practicable by action as provided by this
				section.
(9) Actions to be taken by
				the general manager shall be documented in the form of a letter, an
				administrative order, or other document as the general manager may reasonably
				determine.
(10) The general manager
				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.