§ 1230-g. Special enforcement powers with respect to wastewater\nfacilities. 1. In addition to any other enforcement powers provided by\nthis title or any other provision of law, with respect to the\njurisdiction, control, supervision, possession, operation and use of the\nwastewater system and its facilities and for the administration and\nenforcement of this title with respect to such waste water system, the\nwater board shall have the enforcement powers provided in this section.\nThe provisions of this section shall be liberally construed so as to\neffect the purpose of this section to permit the water board to qualify\nas a publicly-owned treatment works (POTW) under applicable federal and\nstate environmental laws.\n 2. As used or referred to in this section, unless a different meaning\nclearly appears from the context:\n (a) "Discharge" means any introduction of waste into the wastewater or\nstorm water facilities from any effluent source.\n (b) "Domestic sewage" means a combination of wastes from the\nnon-commercial preparation, cooking, and handling of food; human bodily\nwastes and similar matter from sanitary conveniences in dwellings,\ncommercial buildings, industrial buildings and institutions; or any\nother wastes from non-commercial, non-industrial or non-institutional\nactivities.\n (c) "Effluent source" means a source of introduction of any waste into\nthe wastewater or storm water facilities.\n (d) "Hazardous substance" means any substance that:\n (i) is identified or listed as a hazardous waste or acute hazardous\nwaste in regulations promulgated pursuant to section 27-0903 of the\nenvironmental conservation law and all amendments thereto, regardless of\nwhether at the time of release the substance was actually a waste; or\n (ii) appears on the list of substances hazardous or acutely hazardous\nto public health, safety or the environment in regulation promulgated\npursuant to paragraphs (a) and (b) of subdivision one of section 37-0103\nof the environmental conservation law and all amendments thereto; and\nany substance on the list established by the United States environmental\nprotection agency for reporting pursuant to 42 U.S.C. § 11023, as\namended.\n (d) "Industrial user" means any person or effluent source that\ndischarges industrial waste.\n (e) "Industrial waste" means any liquid, solid, or gaseous substance,\nor combination thereof, resulting from any process of industrial,\ncommercial, governmental and institutional concerns, manufacturing,\nbusiness, trade, or research, including the development, recovery, or\nprocessing of natural resources, or from sources other than those\ndescribed as domestic sewage. Groundwater and surface runoff may be\nconsidered to be industrial waste if contaminated with industrial\nprocess chemical constituents.\n (f) "Pollutant" means dredged spoil, solid waste, incinerator residue,\nsewage, garbage, sewage sludge, munitions, chemical wastes, biological\nmaterials, radioactive materials, heat, wrecked or discarded equipment,\nrock, sand, cellar dirt and industrial, municipal and agricultural waste\ndischarged into water.\n (g) "Sewage" or "wastewater" means any combination of wastes from\nresidences, business buildings, institutions and industrial\nestablishments, together with such ground, surface and storm waters as\nmay be present.\n 3. (a) The water board shall adopt a schedule of administrative or\ncivil penalties not to exceed ten thousand dollars per violation per day\nto be assessed against any person who has been finally determined to\nviolate any rules, regulations, permits or orders of the water board\nmade pursuant to this title. In determining the amount of an\nadministrative or civil penalty, the water board or the court shall\nconsider the seriousness of the violation or violations, any history of\nsuch violations, any good faith efforts to comply with applicable\nrequirements and such other matters as justice may require. The\npenalties provi
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