§ 1178-a. Enforcement and special powers of the authority. 1.
Administrative sanctions and civil liability. a. Any user who has been
finally determined to violate any rules, regulations, permits or orders
of the authority made pursuant to this title, shall be strictly liable,
without regard to fault, to a penalty of not to exceed ten thousand
dollars per violation per day. Each violation shall be a separate and
distinct violation and, in the case of a continuing violation, each
day's continuance thereof shall be deemed a separate and distinct
violation. The penalties provided for herein shall be imposed by the
authority, pursuant to the rules and regulations of the authority.

b. The authority 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 authority, before or after
proceedings are brought to recover such penalties and prior to the entry
of judgment thereof. All penalties received by the authority shall be
deposited with the treasurer and applied by the board to the benefit of
the authority's sewer rent payors and bondholders.

c. In addition to the penalties provided herein, in the event of a
violation or threatened violation of any of the authority's rules,
regulations, permits, or orders, the authority is authorized to:

(i) obtain a warrant upon application to the Erie county court or any
other 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 user's access to the sewer
system; or

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

(v) recover the fee, cost or expense incurred by the authority for any
investigation, sampling, monitoring (enhanced or otherwise), removal and
remediation costs or other actual expenses, fees or costs, including
attorneys fees and costs.

d. 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 a user.

e. In determining the amount of an administrative or civil penalty,
the authority 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.

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

3. Records, reports, inspections and entry. 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 authority's
rules, regulations, permits or orders;

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

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

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

(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
authority;

(3) may, during all times of industrial user discharges, inspect any
monitoring equipment or method which is required pursuant to this title
or any rules, regulations, orders or permits of the authority; 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
authority by any person that records, reports, or information, or
particular part thereof (other than discharge data), to which the
authority has access under this section, if made public would divulge
methods or processes entitled to protection as trade secrets of such
person, the authority 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 New
York state concerned with carrying out the Clean Water Act or when
relevant to any proceeding under this title or the Clean Water Act.

4. Proceedings before the authority. a. Whenever the authority
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 authority 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 authority, at a reasonable
time and place in said notice specified, and show cause why enforcement
action should not be taken.

b. The authority shall establish in its rules and regulations
procedures for the conduct of any hearings.

c. In any hearing, a hearing officer may administer oaths, examine
witnesses, and issue, in the name of the authority, 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 authority.

d. In any proceeding before the authority, 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 authority or the
hearing officer may rely upon the self-monitoring reports submitted by
the person being investigated or any other evidence.

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

f. The general manager may designate an agent of the authority or any
other person, independent of the authority, to serve and preside as
hearing officer.

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