New York Public Authorities Code § 1178-A

Enforcement and special powers of the authority
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§ 1178-a. Enforcement and special powers of the authority. 1.\nAdministrative sanctions and civil liability. a. Any user who has been\nfinally determined to violate any rules, regulations, permits or orders\nof the authority made pursuant to this title, shall be strictly liable,\nwithout regard to fault, to a penalty of not to exceed ten thousand\ndollars per violation per day. Each violation shall be a separate and\ndistinct violation and, in the case of a continuing violation, each\nday's continuance thereof shall be deemed a separate and distinct\nviolation. The penalties provided for herein shall be imposed by the\nauthority, pursuant to the rules and regulations of the authority.\n  b. The authority may bring suit for collection or recovery of any such\npenalty in any court of competent jurisdiction. Any sanction, penalty,\naction or cause of action for the recovery of a penalty, under this\ntitle, may be settled or compromised by the authority, before or after\nproceedings are brought to recover such penalties and prior to the entry\nof judgment thereof. All penalties received by the authority shall be\ndeposited with the treasurer and applied by the board to the benefit of\nthe authority's sewer rent payors and bondholders.\n  c. In addition to the penalties provided herein, in the event of a\nviolation or threatened violation of any of the authority's rules,\nregulations, permits, or orders, the authority is authorized to:\n  (i) obtain a warrant upon application to the Erie county court or any\nother court of competent jurisdiction, based upon reasonable cause and\nreliable information that such violation is threatened or has occurred,\nfor entry onto a user's premises or effluent source where entry has been\ndenied or obstructed; or\n  (ii) suspend or revoke any user's discharge permit; or\n  (iii) discontinue, disconnect or block the user's access to the sewer\nsystem; or\n  (iv) obtain an injunction or other judicial relief upon application to\na court of competent jurisdiction, to enjoin any user from continuing\nsuch violation or from carrying out the threat of such violation. In any\nsuch suit the court shall have jurisdiction to grant the authority,\nwithout bond or undertaking, such prohibitory or mandatory injunctions\nas the facts may warrant, including prevention or abatement of pollutant\ndischarges, temporary restraining orders or preliminary injunctions; and\n  (v) recover the fee, cost or expense incurred by the authority for any\ninvestigation, sampling, monitoring (enhanced or otherwise), removal and\nremediation costs or other actual expenses, fees or costs, including\nattorneys fees and costs.\n  d. Imposition of any sanction or penalty or application for judicial\nrelief, shall not be a bar against, or prerequisite for taking any other\naction against a user.\n  e. In determining the amount of an administrative or civil penalty,\nthe authority or the court shall consider the seriousness of the\nviolation or violations, any history of such violations, any good faith\nefforts to comply with applicable requirements and such other matters as\njustice may require.\n  2. Summary abatement. Notwithstanding any inconsistent provisions of\nlaw, whenever the general manager finds, after investigation, that any\nperson is discharging any pollutant, sewage, industrial waste or other\nwaste which, in his judgment, presents an imminent danger to the\nfacilities, the environment or the public health, safety or welfare of\npersons and the general manager determines that it would be harmful to\ndelay action until an opportunity for a hearing can be provided, the\ngeneral manager may, without prior hearing, order such person by notice,\nin writing wherever practicable or in such other form as in the general\nmanager's judgment will reasonably notify such person whose practices\nare intended to be proscribed, to discontinue, abate or alleviate such\ndischarge, and thereupon such person shall immediately discontinue,\

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