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
Universal Citation: 21 NY Comp Codes Rules and Regs ยง 10075.10
Current through Register Vol. 46, No. 39, September 25, 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.
(b) Illicit discharges in emergency situations.
(1) The general manager 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 general manager 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 general manager may take such
steps as deemed necessary to prevent or minimize damage to the MS4 or to
minimize danger to persons or the environment.
(2) Any person discharging to the MS4 in
violation of this regulation may have their MS4 access terminated if such
termination would abate or reduce an illicit discharge. The general manager
will notify a violator in writing of the proposed termination of its MS4 access
and the reasons therefor. The violator may petition the general manager for a
reconsideration and hearing. Access may be granted by the general manager if he
finds that the illicit discharge has ceased and the discharger has taken steps
to prevent its recurrence. Access may be denied if the general manager
determines in writing that the illicit discharge has not ceased or is likely to
recur. A person commits a violation if the person reinstates MS4 access to
premises terminated pursuant to this section, without the prior approval of the
general manager.
(c) Suspension of a BPDES permit.
(1) The general
manager may suspend a BPDES permit when such suspension is necessary in the
opinion of the general manager, in order to stop a discharge which presents a
hazard to the public health, safety or welfare, to the environment, or to the
authority's sewerage system, or causes the authority to violate any condition
of its N.P.D.E.S./S.P.D.E.S. permit.
(2) Any person notified of a suspension of
his BPDES permit shall immediately stop the discharge of all industrial
wastewater to the B.S.A. system. The general manager shall reinstate the BPDES
permit upon written proof of satisfactory compliance with all discharge
requirements of these regulations.
(d) Revocation of a BPDES permit.
(1) The general manager may revoke a BPDES
permit upon a finding that the user has violated any provision of his permit or
of these regulations or applicable Federal or State regulations, including, but
not limited to:
(i) failure of the industrial
user to report accurately the wastewater constituents and characteristics of
his discharge;
(ii) failure of the
industrial user to report significant changes in operation, or wastewater
constituents and characteristics; and/or
(iii) refusal of reasonable access to the
industrial user's premises for the purpose of inspection or
monitoring.
(2) Any
person whose BPDES permit has been revoked shall immediately stop all discharge
of any wastes covered by the permit to any public sewer that is tributary to a
sewer or sewer system of the authority. The general manager may disconnect or
permanently block from such public sewer the industrial connection of any user
whose permit has been revoked, if such action is necessary to insure compliance
with the order of revocation.
(3)
Before any further discharge of industrial wastewater may be made by the user,
he must apply for a new BPDES permit and pay all charges that would be required
upon initial application together with all delinquent fees, charges and such
other sums as the discharger may owe to the authority. Costs incurred by the
authority in revoking the permit and disconnecting the industrial sewer shall
be paid for by the discharger before issuance of a new permit.
(e) Violations and civil liability.
(1) When the general manager finds
that a person has violated, or continues to violate, any provision of these
regulations, a B.P.D.E.S. permit or other discharge permit or order issued
hereunder, or any other pretreatment standard or requirement, the general
manager may impose upon such person a penalty in an amount not to exceed
$10,000, which shall be assessed on a per violation, per day basis. In the case
of monthly or other long-term average discharge limits, such penalty shall be
assessed for each day during the period of violation. Each violation shall be a
separate and distinct violation.
(2) Unpaid charges, fines, and penalties
shall, after 30 calendar days, be assessed an additional penalty of 10 percent
of the unpaid balance, and interest shall accrue thereafter at a rate of 18
percent per year. A lien against the person's property is hereby imposed for
all unpaid charges, fines, and penalties.
(3) Persons desiring to dispute such
penalties must file a written request with the general manager for a hearing to
present evidence why such penalty should not be imposed. Where a request has
merit, the general manager may convene a hearing on the matter. The general
manager may add the costs of preparing administrative enforcement actions, such
as notices and orders, to the penalty.
(4) Issuance of an administrative penalty
shall not be a bar against, or a prerequisite for, taking any other action
against the person.
(5) In
determining the amount of the above fines, the general manager may consider
factors such as, but not limited to, the nature of the violation, the magnitude
of impact on human health, the environment, and/or the B.S.A. treatment plant
operation caused by the violation, the users past violation record, and other
relevant factors.
(6) Each day on
which a violation is found to occur or continue shall be deemed a separate and
distinct offense. A day shall consist of a 24-hour period beginning at 12:01
a.m. and ending the following 12:01 a.m.
(7) When, in the opinion of the general
manager, or the governmental agencies having jurisdiction in the matter, a
violation of these regulations is of such a nature as to be likely to cause
damage to sewer systems or P.O.T.W. of the Buffalo Sewer Authority, or a threat
to the health or safety of the inhabitants of any areas served, the Buffalo
Sewer Authority may forthwith discontinue and sever any connections with its
sewer system without any liability for prosecution or damages.
(f) Falsification of data. User representatives providing information and data as required for any application, record, report, plan, or other document required by these regulations shall be subject to the provisions of section 309(c)(2) of the Clean Water Act governing false statements, representations, or certifications.
(g) Notifications.
(1) Any person found in violation of these
regulations or of any limitation or requirement of a permit issued hereunder,
shall be served, by the general manager, with a written notice (except in the
case of an emergency situation) stating the nature of the violation and
identifying the enforcement actions which will or may be taken. Within 30 days
of the date of notice, the person in violation shall submit a plan for
corrective actions to be taken to prevent continuance or reoccurrence of the
violation.
(2) In the event of an
emergency situation (as determined by the general manager), the general manager
is required only to give an informal notice in order to immediately and
effectively halt a discharge which presents an imminent endangerment to the
authority's facilities, the environment, or the health and welfare of
persons.
(h) Show cause hearing.
(1) In the event of violation of any
provision of the regulations by a user, either the authority or the user may
request a hearing to show cause why enforcement action should not be taken. A
notice shall be served on the user designating the time and place of the
hearing to be held regarding the violations, the reasons why the action is to
be taken, the proposed enforcement action, and requesting the user to show
cause why the proposed enforcement action should not be taken.
(2) The authority may issue notice of such
hearings requesting the attendance and testimony of witnesses and the
production of evidence relevant to any matter involved in such hearings.
Testimony will be taken under oath, recorded, and kept on file for inspection
by the public or any interested party.
(3) Enforcement actions, if any, taken by the
authority subsequent to the hearing shall be based upon the evidence presented.
If the person in violation has failed to show cause why enforcement action
should not be taken, the authority shall issue a directive to the user
responsible for the violation specifying the remedial action to be taken and a
schedule for completion of this action. Further orders and directives relative
to the assessment of a fine(s), enforcement actions to be carried out, and/or
other corrective actions required may also be issued.
(i) Legal action. If any user discharges into the authority's facilities in a manner which violates any provision of these regulations, Federal or State pretreatment requirements, or any orders of the authority, the B.S.A. may initiate an action to seek injunctive relief.
(j) Violations deemed a public nuisance. In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this regulation is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken.
(k) Improper use of sewers.
(1) The Buffalo Sewer Authority hereby
reserves the right to inspect any existing building service sewer and drain,
lateral or collecting sewers that discharge wastewater directly or indirectly
to the authority's facilities. If it is found that such laterals or collecting
sewers are used or maintained in such a way as to cause discharge of septic
wastewater or groundwater and debris which exceeds the design criteria of said
sewer, or any other substance deemed objectionable by the general manager, the
general manager will give notice of the unsatisfactory condition to the
offending discharger and shall direct that the condition be
corrected.
(2) In cases of
continued noncompliance with the general manager's directive, the Buffalo Sewer
Authority may disconnect the said sewer from the authority' s sewerage system
without any liability for prosecution or damages.
(l) Excessive sewer maintenance expense.
(1) Sewer or sewerage maintenance expenses
which result from a user violation of any of the prohibited or limited
discharge requirements in these regulations will be charged to the user in
violation. Such maintenance may include but not be limited to stoppage,
plugging, breakage, any reduction in sewer capacity or any other damage to
sewers or sewerage facilities of the authority. The costs charged to the user
in violation may include the costs and expenses for complete restoration of the
impaired facilities to a functional condition.
(2) Refusal of the user in violation to pay
the necessary maintenance expenses resulting from such violation shall
constitute further violation of these regulations subject to a fine as defined
in subdivision (c) in this section.
(m) Damage caused by prohibited waste discharge. Any industrial wastewater discharger who discharges, or causes the discharge, of prohibited wastewaters which cause damage to the authority's facilities, detrimental effects on treatment processes or any other damages resulting in costs to the sewer authority, shall be liable for all damage occasioned thereby.
(n) Discrepancies between actual and reported surchargeable waste quantities.
(1) When inspection or verification
monitoring or other investigation by B.S.A. reveals a user's surchargeable
waste constituents and/or waste volume to be substantially greater (20 percent
greater) than reported in that user's most recent discharge monitoring report
submitted and approved by B.S.A. for purpose of surcharge calculation, then the
user may be required to resample for purpose of amending the surcharge
calculation. At least three, 24-hour composite samples and flow measurements
shall be obtained and analyzed in accordance with the B.S.A. Sampling and
Analytical Guidelines Sheet (see Appendix 52 of this Title), either by the
authority or by another independent laboratory acceptable to both parties, with
all costs of sampling and analysis to be paid by the user. This new sample data
along with any other relevant information or data obtained by the authority or
submitted by the user shall be used to calculate a corrected surcharge
according to the formula set forth in the B.S.A. Schedule of Sewer Rents and
Other Charges (see Appendix 52 of this Title).
(2) Surcharges corrected on the basis of
substantially greater surchargeable waste constituents shall be applicable to
the period following the time when inspection, verification or other
investigation revealed the discrepancy. Surcharges for periods preceding any
surcharge amendment shall be based on the last set of data submitted by the
user and approved by the B.S.A. for purpose of surcharge calculation.
(o) Annual publication of violators. At least annually, the Buffalo Sewer Authority shall publish a listing of all significant violators of the pretreatment standards and requirements.
Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
