Town of Marlborough, CT Article IX Inspection, Penalties, Validity

§ 410-83 Powers and authority of inspectors.

A. The MWPCA, through its officers, agents, employees and persons in contract with it bearing proper credentials and identification, shall be permitted to enter all properties within the sewer district and gain access for purposes of grinder pump inspection, observation, measurement, sampling and testing in accordance with the provisions of these regulations.

B. During the performance of the necessary work on private properties referred to in the above subsection, the MWPCA through its officers, agents and employees shall observe all safety rules applicable. The user shall be held harmless for injury or death to the MWPCA officers, agents and employees, and the MWPCA and the Town shall indemnify the user against loss or damage to its property by the MWPCA officers, agents and employees and against liability claims and demands for personal injury or property damage asserted against the user and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the user to maintain safe conditions as required in § 410-16 of these regulations.

§ 410-84 Permission to enter private property.

A. Where the MWPCA/Town holds a duly negotiated easements or grinder pump agreement, entry onto the property for the purposes of, but not limited to, inspection of any portion of the sewage works lying within said easement or agreement area will take place from time to time with reasonable notice when possible. All entry and subsequent work, if any, on said easement or agreement area shall be done in full accordance with the terms of the negotiated easement pertaining to the private property involved and/or the conditions of the grinder pump agreement.

B. If the MWPCA or its designated agent has been refused access to a building, structure or property, or any part thereof, and believe that there may be a violation of these regulations or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the MWPCA designed to verify compliance with these regulations or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the MWPCA or its designated agent may seek issuance of a search warrant from the Superior Court Judicial District at Hartford, Hartford County.

§ 410-85 Permitted construction times.

No sewer or appurtenance may be cut into or connection made therewith, or any pipe laid, except in the presence of or under the directions of an inspector authorized by the MWPCA. At least three business days' notice must be given to the agent of the MWPCA before such inspector is needed on the work. In general, inspectors will be available between the hours of 8:00 a.m. to 4:30 p.m. on Mondays through Fridays. Deviation of these construction times is only permitted after authorization by the MWPCA or in the case of emergency construction.

§ 410-86 Penalties.

Any person found to be violating any provision of these regulations shall be served by the MWPCA with written notice, 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, permanently cease all violations. Any person violating any of the provisions of these regulations and/or any provisions of a wastewater discharge permit issued by the MWPCA will be subject to the provisions of Article X, Administrative Enforcement Remedies, and/or Article XI, Judicial Enforcement Remedies, of these regulations and shall become liable to the MWPCA and the Town for any expense, loss or damage occasioned by reason of such violation.

§ 410-87 Reports from users.

All users shall provide appropriate reports to the MWPCA or its designated agent as the MWPCA or its designated agent may require as a part of a permit to discharge or from time to time when the MWPCA finds it necessary to request such reports. Failure to submit the required reports to the MWPCA is a violation of these regulations, and the MWPCA will take the appropriate action in accordance with Article X, Administrative Enforcement Remedies, and/or Article XI, Judicial Enforcement Remedies, of these regulations.

§ 410-88 Notice of violation; repeat sampling and reporting.

If sampling performed by a user indicates a violation, the user must notify the MWPCA or its designated agent within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the MWPCA or its designated agent within 30 days after becoming aware of the violation or sooner if requested by the MWPCA. Failure to submit the required reports to the MWPCA is a violation of these regulations, and the MWPCA will take the appropriate action in accordance with Article X, Administrative Enforcement Remedies, and/or Article XI, Judicial Enforcement Remedies, of these regulations.

§ 410-89 Discharge standards.

All discharges shall be in accordance with the qualities defined in these regulations. Should the MWPCA determine that the sewage does not come within the standards, the MWPCA shall order the user to implement pretreatment of the effluent to meet those standards. Any additional cost to the MWPCA for the treatment because of these discharges shall be directly passed on to the user responsible for such discharge.