§ 24-524 Enforcement and penalties.
AC § 24-524
a. Orders. Notwithstanding any other provision of law, the commissioner of environmental protection, and the environmental control board within the office of administrative trials and hearings, shall enforce the provisions of subdivisions b and b-1 of section 1403 of the charter and sections 24-504 through 24-523 of this chapter and the rules promulgated pursuant thereto. Such commissioner and board shall have the power to issue such orders as may be provided for therein and such additional orders as may be necessary for the enforcement of such provisions. The department of environmental protection shall promulgate rules governing the appeal of orders issued by the commissioner. b. Commissioner's cease and desist orders.
1.Whenever the commissioner of environmental protection has reasonable cause to believe that: (i) a discharge has occurred in violation of the provisions of subdivision b or b-1 of section 1403 of the charter or sections 24-504 through 24-523 of this chapter or of any order or rule issued by the board or commissioner pursuant to such provisions or to subdivision a of this section in furtherance of such provisions or in violation of the conditions of any permit issued pursuant to such provisions and (ii) that such discharge creates or may create an imminent danger to the sewer system or to the public health or to the life or safety of persons, such commissioner may issue a cease and desist order requiring any person who owns, leases, operates, controls or supervises any building, structure, facility or installation from which the unlawful discharge is emitted to take such action as may be necessary to halt or prevent such discharge.
2.If service of the order cannot be made personally because such person cannot be located at such time then service may be made by delivering a copy to a person of suitable age and discretion at the residence or place of business of the person sought to be served. If service cannot be made personally or by such delivery to a person of suitable age and discretion because of inability to locate or to obtain the name or address of such person at such time, service may be made by conspicuously posting a copy of such order upon the property to which it relates and mailing the order to the most recent residential or business address of record of the person sought to be served. The posting and mailing of such order shall be sufficient notice of such order to all persons having a duty in relation thereto under the provisions of this subdivision.
3.If the order is not complied with or so far complied with as such commissioner may regard as reasonable, within the time specified therein such commissioner may act to halt or prevent such discharge by: i. sealing, blocking or otherwise inactivating any equipment, facility, or device; ii. terminating the water supply to the premises; iii. sealing, blocking or otherwise inactivating any private sewer or drain emptying directly or indirectly into the sewer system; or iv. any other means or method that is reasonable under the circumstances. For such purpose, in accordance with applicable law, the commissioner of environmental protection or his or her deputies or such other officers or employees as are designated by the commissioner may enter on any public or private property.
4.Any person affected by such an order may make written application to the environmental control board within the office of administrative trials and hearings for a hearing. Such hearing shall be provided, pursuant to the rules of such board within such office, and shall be held within two business days after the receipt of such application. The board may suspend, modify or terminate such order. c. [Reserved.] d. Environmental control board cease and desist orders.
