New York Codes, Rules and Regulations
Title 21 - Miscellaneous
Chapter XXX - Niagara Falls Water Board
Part 1960 - Wastewater Regulations
Section 1960.9 - Administrative
Universal Citation: 21 NY Comp Codes Rules and Regs ยง 1960.9
Current through Register Vol. 46, No. 12, March 20, 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.
(b) Fines and damages.
(1) If any person
discharges wastewater into the water board POTW in violation of the provisions
of this Part or any applicable pretreatment standards, the water board may:
(i) Serve the user with written notice which
may be in the form of an administrative order, stating the nature of the
violation and providing a reasonable time limit for the satisfactory correction
thereof. The offender shall, within the period of time stated in such notice,
cease such violations. Any person who shall continue any violation beyond the
time limit provided shall be assessed a penalty in accordance with this
subdivision.
(ii) Commence an
action for appropriate legal and/or equitable relief including injunctions
against the violative activity in any court having jurisdiction.
(2) Any person determined to have
violated any of the provisions of this Part shall be assessed a penalty in an
amount not to exceed $10,000 per individual violation per day.
(3) The person violating any of the
provisions of this Part shall become liable to the water board for any expense,
loss, or damage occasioned by the water board by reason of such violation. The
expense, loss or damage shall be taken to be to the extent determined by the
director. Any contested claim for loss or damage shall be reviewable by the
water board.
(4) Any person who
knowingly makes any false statements, representation or certification in any
application, record, report, plan or other document filed or required to be
maintained pursuant to this Part, or SIU permit, or who falsifies, tampers
with, or knowingly renders inaccurate any monitoring device or method required
under this Part shall be assessed a penalty in an amount not to exceed $10,000
per violation per day.
(5) In
determining the amount of any penalty for violation of this Part, the water
board 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.
(6) The water board POTW shall publish
annually in the largest local newspaper the names of users which have been in
SNC with applicable pretreatment standards as proscribed in this Part during
the past 12 months.
(c) Special arrangements for wastewater collection and treatment.
(1) Except as subject to the provisions of
the Clean Water Act and of the water board's SPDES discharge permit, and
section
1960.5
of this Part, no statement contained in this Part shall be construed as
preventing any special arrangement or agreement between the water board and any
person requesting a waiver of any of the provisions of this Part. A request for
any waiver of any of the provisions of this Part must be in writing and
directed to the director who may, subject to the provision above, allow or deny
such request by written order as soon as practicable. Any special agreements
between the water board and the user shall be expressly stated in the user's
wastewater discharge permit.
(2) An
industrial facility lying outside the corporate limits of the city and which
discharges wastewater of such quantity or characteristics as would cause into
be classified as an SIU shall be so classified.
(3) In order that an SIU lying outside the
corporate limits of the city, being served by the water board POTW, shall bear
its share of the cost of such system, the charge made for such property shall
be determined by the water board upon any basis authorized by water board, such
charge to be collected and the collection enforced as herein provided for of
per user charges.
(d) Federal statutes and regulations. The following Federal statutes and regulations have been referenced in this Part:
(1) 40 CFR means title 40 of the Code of
Federal Regulations (Protection of the Environment), effective July 1,
2001.
(2) FR means Federal
Register.
(3) Clean Air Act means
the Air Pollution Prevention and Control Act,
42 U.S.C. section
7401 et seq., as amended.
(4) Clean Water Act means the Federal Water
Pollution Control Act or Clean Water Act,
33 U.S.C.
1251 et seq., as amended.
(5) Marine Protection, Research and
Sanctuaries Act is located at
33 U.S.C.
section 1401 et seq., as amended.
(6) Solid Waste Disposal Act means the Solid
Waste Disposal Act and Resource Conservation and Recovery Act,
42 U.S.C. section
6901 et seq., as amended.
(7) Toxic Substances Control Act is located
at
15 U.S.C. section
2601 et seq., as amended.
(8) All United States publications referenced
above are available from the Superintendent of Documents, U.S. Government
Printing Office, Washington, DC 20402.
(9) All material referenced in this Part is
available for copying and inspection at the water board's offices located at
the Michael C. O'Laughlin Water Treatment Plant, 5815 Buffalo Avenue, Niagara
Falls, NY 14304.
(e) Separability. If any clause, sentence, paragraph, section or article of this Part shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered.
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.
