N.Y. Comp. Codes R. & Regs. tit. 21, § 1960.9 – Administrative.

(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:
1. (i) reject the waste;
2. (ii) require pretreatment;
3. (iii) require a control over quantities and rate of discharge;
4. (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;
5. (v) require surveillance and/or monitoring of discharges and attendant reporting;
6. (vi) require the development of compliance schedules and submission of attendant reports necessary to assure compliance;
7. (vii) modify or revoke the wastewater discharge permit;
8. (viii) terminate sewer service;
9. (ix) require implementation of best management practices to control illicit discharges and activities;
10. (x) require the elimination of illicit connections or illicit discharges;
11. (xi) require cessation of violating discharges, practices or operations;
12. (xii) require abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
13. (xiii) require the performance of monitoring, analyses and reporting;
14. (xiv) require payment of a fine; and
15. (xv) seek injunctive relief.
  1. (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.
  2. (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.
  3. (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.
1. (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.
2. (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.
3. (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.
4. (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.
5. (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.
6. (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.
1. (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.
2. (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:
1. (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.
2. (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.

(a) Powers of the director.