§ 1230-g. Special enforcement powers with respect to wastewater
facilities. 1. In addition to any other enforcement powers provided by
this title or any other provision of law, with respect to the
jurisdiction, control, supervision, possession, operation and use of the
wastewater system and its facilities and for the administration and
enforcement of this title with respect to such waste water system, the
water board shall have the enforcement powers provided in this section.
The provisions of this section shall be liberally construed so as to
effect the purpose of this section to permit the water board to qualify
as a publicly-owned treatment works (POTW) under applicable federal and
state environmental laws.

2. As used or referred to in this section, unless a different meaning
clearly appears from the context:

(a) "Discharge" means any introduction of waste into the wastewater or
storm water facilities from any effluent source.

(b) "Domestic sewage" means a combination of wastes from the
non-commercial preparation, cooking, and handling of food; human bodily
wastes and similar matter from sanitary conveniences in dwellings,
commercial buildings, industrial buildings and institutions; or any
other wastes from non-commercial, non-industrial or non-institutional
activities.

(c) "Effluent source" means a source of introduction of any waste into
the wastewater or storm water facilities.

(d) "Hazardous substance" means any substance that:

(i) is identified or listed as a hazardous waste or acute hazardous
waste in regulations promulgated pursuant to section 27-0903 of the
environmental conservation law and all amendments thereto, regardless of
whether at the time of release the substance was actually a waste; or

(ii) appears on the list of substances hazardous or acutely hazardous
to public health, safety or the environment in regulation promulgated
pursuant to paragraphs (a) and (b) of subdivision one of section 37-0103
of the environmental conservation law and all amendments thereto; and
any substance on the list established by the United States environmental
protection agency for reporting pursuant to 42 U.S.C. § 11023, as
amended.

(d) "Industrial user" means any person or effluent source that
discharges industrial waste.

(e) "Industrial waste" means any liquid, solid, or gaseous substance,
or combination thereof, resulting from any process of industrial,
commercial, governmental and institutional concerns, manufacturing,
business, trade, or research, including the development, recovery, or
processing of natural resources, or from sources other than those
described as domestic sewage. Groundwater and surface runoff may be
considered to be industrial waste if contaminated with industrial
process chemical constituents.

(f) "Pollutant" means dredged spoil, solid waste, incinerator residue,
sewage, garbage, sewage sludge, munitions, chemical wastes, biological
materials, radioactive materials, heat, wrecked or discarded equipment,
rock, sand, cellar dirt and industrial, municipal and agricultural waste
discharged into water.

(g) "Sewage" or "wastewater" means any combination of wastes from
residences, business buildings, institutions and industrial
establishments, together with such ground, surface and storm waters as
may be present.

3. (a) The water board shall adopt a schedule of administrative or
civil penalties not to exceed ten thousand dollars per violation per day
to be assessed against any person who has been finally determined to
violate any rules, regulations, permits or orders of the water board
made pursuant to this title. In determining the amount of an
administrative or civil penalty, the water board 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. The
penalties provided for in this subdivision shall be imposed by action of
the water board after a hearing meeting the requirements of due process
pursuant to the rules and regulations of the water board.

(b) The water board 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 water board, before or
after proceedings are brought to recover such penalties and prior to the
entry of judgment thereof. All penalties received by the water board
shall be deposited with the treasurer and applied by the board to the
benefit of the water board users and authority bondholders.

(c) In addition to the penalties provided in this subdivision, in the
event of a violation or threatened violation of any of the water board's
rules, regulations, permits, or orders, the water board is authorized
to:

(i) obtain a warrant upon application to any 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 person or user's access to
the system; or

(iv) obtain an injunction or other judicial relief upon application to
a court of competent jurisdiction, to enjoin any person or 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 water board, 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; or

(v) recover costs or expenses incurred by the water board for any
investigation, sampling, monitoring (enhanced or otherwise), removal and
remediation costs or other actual expenses, fees or costs, including
attorneys' fees and costs.

The 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 any person.

4. Notwithstanding any inconsistent provisions of law, whenever the
executive director 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 system
facilities, the environment or the public health, safety or welfare of
persons and the executive director determines that it would be harmful
to delay action until an opportunity for a hearing can be provided, the
executive director may, without prior hearing, order such person by
notice, in writing wherever practicable or in such other form as in the
executive director'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 water board is authorized to
discontinue, disconnect or block the user's access to the system. Within
ten days after the issuance of such order, the water board shall give
written notice to any such person which provides for an opportunity for
a hearing.

5. (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 water board's rules, regulations, permits or orders;

(i) the water board 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 water board shall prescribe in its
rules, regulations, permits or orders; and

(5) provide such other information as the water board may reasonably
require; and

(ii) except as otherwise provided by a court warrant or order, the
water board or its authorized representative, (including an authorized
contractor acting as a representative of the water board) 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 water board;

(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 water
board;

(3) may, during all times of industrial user discharges, inspect any
monitoring or other equipment or method which is required pursuant to
this title or any rules, regulations, orders or permits of the water
board; 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
water board by any person that records, reports, or information, or
particular portion thereof (other than discharge data), to which the
water board has access under this section, if made public would divulge
methods or processes entitled to protection as trade secrets of such
person, the water board 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 the
state concerned with carrying out the Clean Water Act 33 U.S.C. § 1251
et seq., and any applicable state law related thereto or when relevant
to any proceeding under this title or the Clean Water Act, 33 U.S.C. §
1251 et seq., and any applicable state law related thereto.

6. (a) Whenever the water board 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 water
board 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
water board, at a reasonable time and place in said notice specified,
and show cause why enforcement action should not be taken.

(b) The water board shall establish in its rules and regulations
procedures for the conduct of any hearings.

(c) The executive director may designate an agent of the water board
or any other person, independent of the water board, to serve and
preside as hearing officer.

(d) In any hearing, a hearing officer may administer oaths, examine
witnesses, and issue, in the name of the water board, 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 water board.

(e) In any proceeding before the water board, 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 water
board or the hearing officer may rely upon the self-monitoring reports
submitted by the person being investigated or any other evidence.

(f) After due consideration of the written and oral statements, and
testimony and arguments, or on default in appearance, the water board
may issue and enter such final order to make such final determination as
it deems appropriate under the circumstances, and shall notify such
person or persons thereof in writing.

(g) In case of contumacy or refusal to obey a notice of hearing or
subpoena issued by the water board, the supreme court shall have
jurisdiction, upon application of the water board, to issue an order
requiring such person to appear and testify or produce evidence as the
case may require.