[Adopted 7-10-1984 by L.L. No. 3-1984]
A.
BIOCHEMICAL OXYGEN DEMAND (BOD)
BUILDING DRAIN
BUILDING SEWER
COMBINED SEWER
EASEMENT
FLOATABLE OIL
GARBAGE
INDUSTRIAL USER
(1)
(2)
INDUSTRIAL WASTES
NATURAL OUTLET
NYSDEC
PERSON
pH
PRETREATMENT
PRIVATE WASTEWATER DISPOSAL SYSTEM
PROPERLY SHREDDED GARBAGE
PUBLICLY OWNED TREATMENT WORKS (POTW)
PUBLIC SEWER
SANITARY SEWER
SANITARY WASTEWATER
SEWAGE
SEWER
SLUG
SPDES PERMIT
STORM DRAIN (sometimes termed "storm sewer")
SUPERINTENDENT
SUSPENDED SOLIDS
TOWN
TOWN BOARD
UNPOLLUTED WATER
USEPA
WASTEWATER
WATERCOURSE
Unless the context specifically indicates otherwise, the meanings
of terms used in this article shall be as follows:
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20° C., expressed in milligrams per liter.
That part of the lowest horizontal piping of a drainage system
which receives the discharge from soil, waste and other drainage pipes
inside the walls of the building and conveys it to the building sewer,
terminating five feet [1.5 meters] outside the inner face of the building
wall.
The extension from the building drain to the public sewer
or other place of disposal, also called the "house connection."
A sewer intended to receive both wastewater and storm- or
surface water.
An acquired legal right for the specific use of land owned
by others.
Oil, fat or grease in a physical state such that it will
separate by gravity from wastewater by treatment in an approved pretreatment
facility. Wastewater shall be considered free of floatable fat if
it is properly pretreated and the wastewater does not interfere with
the collection system.
The animal and vegetable waste resulting from the handling,
preparation, cooking and serving of food.
Any nongovernmental user of publicly owned treatment works which
discharges more than 25,000 gallons per day of sanitary wastes or
a volume of process waste or combined process and sanitary wastes
equivalent to 25,000 gallons per day of sanitary wastes. "Sanitary
waste" shall be considered as waste containing a biochemical oxygen
demand of 200 milligrams per liter or less and a suspended solids
concentration of 240 milligrams per liter or less, and these concentrations
shall be applied in determining equivalent volumes of process waste
of combined discharges of sanitary and process wastes.
Any nongovernmental user of publicly owned treatment works which
discharges wastewater to the treatment works which contains toxic
pollutants or poisonous solids, liquids or gases in sufficient quantity,
either singly or by interaction with other wastes, to injure or interfere
with any sewage treatment process, constitute a hazard to humans or
animals, create a public nuisance or create any hazard or have any
adverse effect on the waters receiving any discharge from the treatment
works.
The wastewater from industrial processes, trade or business,
as distinct from domestic or sanitary wastewater.
Any outlet, including storm sewers and combined sewer overflows,
into a watercourse, pond, ditch, lake or other body of surface or
ground water.
The New York State Department of Environmental Conservation.
Any individual, firm, company, association, society, corporation
or group.
The logarithm of the reciprocal of the hydrogen ion concentration.
The concentration is the weight of hydrogen ions, in grams, per liter
of solution. Neutral water, for example, has a "pH" value of seven
and a hydrogen-ion concentration of 10-7.
The reduction of the amount of pollution properties in wastewater
to a less harmful state prior to or in lieu of discharging or otherwise
introducing such pollutants into a POTW. The reduction or alteration
can be obtained by physical, chemical or biological processes, process
changes or by other means, except as prohibited by 40 CFR 403.6, General
Pretreatment Regulations for Existing and New Sources of Pollution.
A privately owned system for the treatment and ultimate disposal
of wastewater, such as a septic tank or cesspool, serving one or more
structures.
The wastes from the preparation, cooking and dispensing of
food that have been shredded to such a degree that all particles will
be carried freely under the flow conditions normally prevailing in
public sewers, with no particle greater than 1/2 inch [1.27 centimeters]
in any dimension.
A treatment works as defined by Section 212 of the Clean
Water Act (33 U.S.C. § 1292). As used herein, it shall also
mean the Town of Waterford Wastewater Treatment Plant. It shall include
any sewers that convey wastewater to the "POTW," but does not include
pipes, sewers or other conveyances not connected to said "POTW."
A common sewer controlled by the Town of Waterford.
A sewer that carries liquid and water-carried wastes from
residences, commercial buildings, industrial plants and institutions,
together with minor quantities of ground-, storm- and surface waters
that are not admitted intentionally.
Domestic wastewater with storm- and surface water excluded,
and includes wastewater discharging from the sanitary conveniences
of dwellings (including apartment houses and hotels), office buildings,
industrial plants or institutions.
The spent water of a community. The preferred term is "wastewater."
A pipe or conduit that carries wastewater or drainage water.
Any discharge of water or wastewater which, in concentration
of any given constituent or in quantity of flow, exceeds, for any
period of duration longer than 15 minutes, more than five times the
average twenty-four-hour concentration or flows during normal operation
and shall adversely affect the collection system and/or performance
of the wastewater treatment works.
The State Pollution Discharge Elimination System permit issued
by the New York State Department of Environmental Conservation pursuant
to the requirements of the New York State Conservation Law, which
establishes the conditions under which the effluent from the wastewater
treatment plant may be discharged to the surface waters of the State
of New York.
A drain or sewer for conveying water, groundwater, subsurface
water or unpolluted water from any source.
The Superintendent of Water Pollution Control of the Town
of Waterford or his authorized deputy, agent or representative.
Total suspended matter that either floats on the surface
of or is in suspension in water, wastewater or other liquids and that
is removable by laboratory filtering as prescribed in Standard Methods
for the Examination of Water and Wastewater and referred to as "nonfilterable
residue."
The Waterford Sewer District.
The duly elected Town Board of the Town of Waterford or its
authorized deputy, agent or representative.
Water of quality equal to or better than the effluent criteria
in effect or water that would not cause violation of receiving water
quality standards and would not be benefited by discharge to the sanitary
sewers and wastewater treatment facilities provided.
The United States Environmental Protection Agency.
The spent water of a community. From the standpoint of source,
it may be a combination of the liquid and water-carried wastes from
residences, commercial buildings, industrial plants and institutions,
together with any groundwater, surface water and stormwater that may
be present.
A natural or artificial channel for the passage of water
either continuously or intermittently.
B.
Word usage. "Shall" is mandatory; "may" is permissive.
A.
It shall be unlawful for any person to place, deposit or permit to
be deposited in any unsanitary manner on public or private property
within the Town of Waterford or in any area under the jurisdiction
of said Town any human or animal excrement, garbage or other objectionable
waste.
B.
It shall be unlawful to discharge to any natural outlet within the
Town of Waterford or in any area under the jurisdiction of said Town
any wastewater or other polluted waters, except where suitable treatment
has been provided in accordance with subsequent provisions of this
article.
C.
Except as hereinafter provided, it shall be unlawful to construct
or maintain any privy, privy vault, septic tank, cesspool or other
facility intended or used for the disposal of waste or wastewater.
D.
The owners of all houses, buildings, structures or properties used
for human occupancy, employment, recreation or other purposes, situated
within the district and abutting any street, alley or right-of-way
in which there is now located or may in the future be located a public
sanitary or combined sewer, are hereby required, at their expense,
to install suitable toilet facilities therein and to connect such
facilities directly with the proper public sewer, in accordance with
the provisions of this article, within 90 days after date of official
notice to do so, provided that said public sewer is within 200 feet
[61 meters] of any of these houses, buildings or structures located
on such property.
A.
Where a public sanitary or combined sewer is not available under the provisions of § 126-22D, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of this section.
B.
Before commencement of construction of a private wastewater disposal
system, the owner shall first obtain a written permit signed by the
Superintendent. The application for such permit shall be made on a
form furnished by the Town, which the applicant shall supplement by
any plans, specifications and other information as are deemed necessary
by the Superintendent. A permit and inspection fee of $5 shall be
paid to the Town at the time the application is filed.
C.
A permit for a private sewage disposal system shall not become effective
until the installation is completed to the satisfaction of the Superintendent.
He shall be allowed to inspect the work at any stage of construction,
and, in any event, the applicant for the permit shall notify the Superintendent
when the work is ready for final inspection and before any underground
portions are covered. The inspection shall be made within 72 hours
of the receipt of notice by the Superintendent, weekends and holidays
excluded.
D.
The type, capacities, location and layout of a private sewage disposal
system shall comply with all requirements of the Department of Health
and the Department of Environmental Conservation of the State of New
York. No permit shall be issued for any private sewage disposal system
employing subsurface soil absorption facilities where the area of
the lot is less than adequate to support the proposed installation.
No septic tank or cesspool shall be permitted to discharge to any
natural outlet.
E.
At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in § 126-22D, a direct connection shall be made to the public sewer, in compliance with this article, within 90 days, and the private sewage disposal system shall be cleaned of sludge and filled with clean bank-run gravel or dirt, except that concrete septic tanks do not require draining or filling but may be left as is and used as an outlet for sump pumps, garage drains, etc.
F.
The owner shall operate and maintain the private sewage disposal
facilities in a sanitary manner at all times at no expense to the
Town.
G.
No statement contained in this section shall be construed to interfere
with any additional requirements that may be imposed by any local
or state health officer having jurisdiction.
A.
No unauthorized person shall uncover, make any connections with or
opening into, use, alter or disturb any public sewer or appurtenances
thereof without first obtaining a written permit from the Superintendent.
B.
There shall be two classes of building sewer permits: for residential,
commercial or other establishments discharging sanitary wastewater
only and for service to establishments producing industrial wastes.
In either case, the owner or his agent shall make application on a
special form furnished by the Town. The permit application shall be
supplemented by any plans, specifications or other information considered
pertinent in the judgment of the Superintendent. A permit and inspection
fee of $10 for a residential or commercial building sewer permit and
$25 for an industrial building sewer permit shall be paid to the Town
at the time the application is filed.
C.
All costs and expenses incident to the installation and connection
of the building sewer shall be borne by the owner. The owner shall
indemnify the Town against any loss or damage that may directly or
indirectly be occasioned by the installation of the building sewer.
D.
A separate and independent building sewer shall be provided for every
building, except that, where one building stands at the rear of another
on an interior lot and no private sewer is available or can be constructed
to the rear building through an adjoining alley, court, yard or driveway,
then the building sewer from the front building may extend to the
rear building and the whole considered as one building sewer.
E.
Old building sewers may be used in connection with new buildings
only when they are found, on examination and test by the Superintendent,
to meet all requirements of this article.
F.
The size, slope, alignment and materials of construction of a building
sewer and the methods to be used in excavating, placing of the pipe,
jointing, testing and backfilling the trench shall all conform to
the requirements of the building and plumbing code[1] or other applicable rules and regulations of the Town
and be subject to the approval of the Superintendent. In no event
shall the diameter of such pipe be less than four inches, nor shall
the slope of such four-inch pipe be less than 1/8 inch per foot.
[1]
Editor's Note: See Ch. 88, Fire Prevention and Building Construction.
G.
Whenever possible, the building sewer shall be brought to the building
at an elevation below the basement floor. In all buildings in which
any building drain is too low to permit gravity flow to the public
sewer, sanitary sewage carried by such building drain shall be lifted
by approved artificial means and discharged to the building sewer.
H.
No person shall make connection of roof downspouts, exterior foundation
drains, areaway drains or other sources of surface runoff or groundwater
to a building sewer or building drain which, in turn, is connected,
directly or indirectly, to a public sanitary sewer, unless such connection
is approved by the Superintendent for purposes of disposal of polluted
surface drainage.
I.
The connection of the building sewer into the public sewer shall
conform to the requirements of the Building and Plumbing Code[2] or other applicable rules and regulations of the Town
or the procedures set forth in appropriate specifications of the ASTM
and WPCF Manual of Practice No. 9. All such connections shall be made
gastight and watertight. Any deviation from the prescribed procedures
and materials must be approved by the Superintendent before installation.
[2]
Editor's Note: See Ch. 88, Fire Prevention and Building Construction.
J.
The applicant for the building sewer permit shall notify the Superintendent
when the building sewer is ready for inspection and connection to
the public sewer. The connection shall be made under the supervision
of the Superintendent or his representative.
A.
No person shall discharge or cause to be discharged any polluted
waters, such as stormwater, groundwater, roof runoff, subsurface drainage
or cooling water, to any sewer without the permission of the Superintendent.
B.
Stormwater, other than that exempted under Subsection A above, and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers or to a natural outlet approved by the Superintendent to a storm sewer, combined sewer or natural outlet.
C.
No person(s) shall discharge or cause to be discharged any of the
following-described waters or wastes to any public sewers:
(1)
Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive
liquid, solid or gas.
(2)
Any waters containing toxic or poisonous solids, liquids or gases
in sufficient quantity, either singly or by interaction with other
wastes, to injure or interfere with any waste treatment process, constitute
a hazard to humans or animals, create a public nuisance or create
any hazard in the receiving waters of the wastewater treatment plant.
(3)
Any waters or wastes having a pH lower than 5.0 or higher than 9.0
or having any other corrosive property capable of causing damage or
hazard to structures, equipment and personnel of the wastewater works.
(4)
Solid or viscous substances in quantities or of such size capable
of causing obstruction to the flow in sewers or other interference
with the proper operation of the wastewater facilities, such as, but
not limited to, ashes, bones, cinders, sand, mud, straw, shavings,
metal, glass, rags, feathers, tar, plastics, wood, unground garbage,
whole blood, paunch manure, hair and fleshings, entrails and paper
dishes, cups, milk containers, etc.. either whole or ground by garbage
grinders.
D.
The following-described substances, materials, waters or wastes shall
be limited, in discharges to municipal systems, to concentrations
or quantities which will not harm either the sewers, wastewater treatment
process or equipment, will not have an adverse effect on the receiving
stream or will not otherwise endanger lives, limbs or public property
or constitute a nuisance. The Superintendent may set limitations lower
than the limitations established in the regulations below if, in his
opinion, such more severe limitations are necessary to meet the above
objectives. In forming his opinion as to the acceptability, the Superintendent
will give consideration to such factors as the quantity of subject
waste in relation to flows and velocities in the sewers, materials
of construction of the sewers, the wastewater treatment process employed,
capacity of the wastewater treatment plant, degree of treatability
of the waste in the wastewater treatment plant and other pertinent
factors. The limitations or restrictions on materials or characteristics
of waste or wastewaters discharged to the sanitary sewer, which shall
not be violated without approval of the Superintendent, are as follows:
(1)
Wastewater having a temperature higher than 150° F. [65°
C.] or in such quantities that the temperature at the treatment works
influent exceeds 104° F. [40° C.].
(2)
Wastewater containing more than 100 milligrams per liter of petroleum
oil, nonbiodegradable cutting oils or products of mineral oil origin.
(3)
Wastewater from industrial plants containing floatable oils, fat
or grease.
(4)
Any garbage that has not been properly shredded. (See § 126-21, "properly shredded garbage.") Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments or similar places, where garbage originates from the preparation of food in kitchens for the purpose of consumption on the premises or when served by caterers.
(5)
Any waters or wastes containing iron, chromium, copper, zinc and
similar objectionable or toxic substances, to such degree that any
such material received in the composite wastewater at the wastewater
treatment works exceeds the limits established by the Superintendent
for such materials, unless a categorical standard has been promulgated
for a specific industry by the USEPA.
(6)
Any waters or wastes containing odor-producing substances exceeding
limits which may be established by the Superintendent.
(7)
Any radioactive wastes or isotopes of such half-life or concentration
as may exceed limits established by applicable local, state or federal
regulations.
(8)
Quantities of flow or concentrations, or both, which constitute a
slug as defined herein.
(9)
Waters or wastes containing substances which are not amenable to
treatment or reduction by the wastewater treatment processes employed
or are amenable to treatment only to such a degree that the wastewater
treatment plant effluent cannot meet the requirements of agencies
having jurisdiction over discharge to the receiving waters.
(10)
Any water or wastes which, by interaction with other water or
wastes in the public sewer system, release obnoxious gases, form suspended
solids which interfere with the collection system or create a condition
deleterious to structures and treatment processes.
(11)
Any substance which may cause the POTW's effluent or any other
product of the POTW, such as residues, sludge or scums, to be unsuitable
for reclamation and reuse or to interfere with the reclamation process
where the POTW is pursuing a reuse and reclamation program. In no
case shall a substance discharged to the POTW cause the POTW to be
in noncompliance with sludge use or disposal criteria, guidelines
or regulations developed under Section 405 of the Act, any criteria,
guidelines or regulations affecting sludge use or disposal development
pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic
Substance Control Act or state criteria applicable to the sludge management
method being used.
A.
If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in § 126-25D and which, in the judgment of the Superintendent, may have a deleterious effect upon the wastewater facilities, processes, equipment or receiving waters or which otherwise create a hazard to life or constitute a public nuisance, the Superintendent may:
(1)
Reject the wastes;
(2)
Require pretreatment or an acceptable condition for discharge to
the public sewers;
(3)
Require control over the quantities and rates of discharge; and/or
(4)
Require payment to cover the added cost of handling and treating
the wastes not covered by existing taxes or sewer charges.
B.
When considering the above alternatives, the Superintendent shall
give consideration to the economic impact of each alternative on the
discharger. If the Superintendent permits the pretreatment or equalization
of waste flows, the design and installation of the plants and equipment
shall be subject to the review and approval of the Superintendent.
Grease, oil and sand interceptors shall be provided when, in the opinion of the Superintendent, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts, as specified in § 126-25D(3), or any flammable wastes, sand or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Superintendent and shall be located as to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors, the owner shall be responsible for the proper removal and disposal, by appropriate means, of the captured material and shall maintain records of the dates and means of disposal, which are subject to review by the Superintendent. Any removal and hauling of the collected materials not performed by the owner's personnel must be performed by currently licensed waste disposal firms.
Where pretreatment or flow-equalizing facilities are provided
or required for any waters or wastes, they shall be maintained continuously
in satisfactory and effective operation by the owner at his expense.
When required by the Superintendent, the owner of any property
serviced by a building sewer carrying industrial wastes shall install
a suitable structure, together with such necessary meters and other
appurtenances, in the building sewer to facilitate observation, sampling
and measurement of the wastes. Such structure, when required, shall
be accessible and safely located and shall be constructed in accordance
with plans approved by the Superintendent. The structure shall be
installed by the owner at his expense and shall be maintained by him
so as to be safe and accessible at all times.
A.
The wastewater's discharge peak rate and volume over a specified
time period.
B.
Chemical analyses of wastewaters.
C.
Information on raw materials, processes and products affecting wastewater
volume and quality.
D.
Quantity and disposition of specific liquids, sludges, oils, solvents
or other materials important to sewer use control.
E.
A plot plan of sewers on the user's property, showing sewer and pretreatment
facility location.
F.
Details of wastewater pretreatment facilities.
G.
Details of systems to prevent and control the losses of materials
through spills to the municipal sewer.
All measurements, tests and analyses of the characteristics
of waters and wastes to which reference is made in this article shall
be determined in accordance with the latest edition of Standard Methods
for the Examination of Water and Wastewater, published by the American
Public Health Association. Sampling methods, locations, times, durations
and frequencies are to be determined on an individual basis, subject
to approval by the Superintendent.
No statement contained in this article shall be construed as
preventing any special agreement or arrangement between the Town and
any industrial concern, whereby an industrial waste of unusual strength
or character may be accepted by the Town for treatment. Acceptance
of such waste shall not cause a violation of the SPDES permit or the
receiving water quality standards or any pretreatment regulations
promulgated by USEPA or NYSDEC in accordance with Section 307 of P.L.
95-217.
A.
No industrial waste shall be discharged to a public sewer unless
the industry shall first have obtained from the Superintendent an
industrial waste discharge permit. Said permits shall be issued for
a period of not more than five years and must be renewed upon their
expiration for such time period as the Superintendent may elect, not
to exceed five years.
B.
When applying for an industrial waste discharge permit, industrial
users shall submit information concerning volume, constituents and
characteristics of wastewater, flow rates, each product produced by
type, amount of rate of production and a description of activities,
facilities and plant processes on the premises, including all materials
processed and types of materials which are or could be discharged.
C.
The terms and conditions established in any industrial waste discharge
permit shall be subject to modification by the Superintendent, and
the industrial user shall comply with such new terms or conditions
as are imposed within seven days following notification or such extended
period as is allowed by the Superintendent.
D.
Industrial users shall apply for a modification of the permit in
the event of production or process changes which might alter wastewater
characteristics or flows.
E.
A permit shall not be reassigned, transferred or sold to a new owner,
a new user, different premises or a new and changed operation.
F.
All terms and conditions contained in a discharge permit shall be
deemed as being a part of this article, and any violation thereof
shall constitute a violation of this article and be subject to the
penalties provided herein.
G.
Permits shall be subject to all provisions of this article and all
other regulations established by the Town and applicable state and
federal regulations.
H.
No user shall ever increase the use of process water or, in any way,
attempt to dilute a discharge, as a partial or complete substitution
for adequate treatment, to achieve compliance with the limitations
contained in the Federal Categorical Pretreatment Standards or in
any other pollutant-specific limitation developed by the Town or state,
unless authorized by state or federal regulations.
I.
A user shall notify the Town immediately upon accidentally discharging
wastes in violation of this article. This notification shall be followed,
within 15 days of the date of occurrence, by a detailed written statement
describing the causes of the accidental discharge and the measures
being taken to prevent future occurrence. Such notification will not
relieve users of liability for any expense, loss or damage to the
sewer system, treatment plant or treatment process or for any fines
imposed on the Town under applicable state and federal regulations.
J.
The Town may revoke any industrial wastewater discharge permit or
terminate or cause to be terminated wastewater service to any premises
if a violation of any provision of this article is found to exist
or if a discharge of wastewater causes or threatens to cause a condition
which might result in a violation of the SPDES permit or any other
state or federal regulations.
K.
When pretreatment standards are adopted by the USEPA pursuant to
Section 307 of P.L. 92-500, as amended, or by the NYSDEC, for any
class of industry, then such industry shall immediately conform to
the USEPA or NYSDEC timetable for adherence to such standards.
A.
The Superintendent and other duly authorized employees of the Town
and United States Environmental Protection Agency and the New York
State Department of Environmental Conservation representatives bearing
proper credentials and identification shall be permitted to enter
all properties, at reasonable times, for the purpose of inspection,
observation, measurement, sampling and testing pertinent to discharge
to the community public sewers, in accordance with the provisions
of this article. Where a user has security measures in force, the
user shall make necessary arrangements with its security guards so
that such personnel will be permitted to enter without delay.
B.
The Town shall have the right to set up on the user's property such
devices as are necessary to conduct sampling or metering operations.
The Town may, at reasonable times, have access to and copy any records,
inspect any monitoring equipment or method required by this article
or any permits issued thereunder and sample any effluents which the
owner or operator of such source is required to sample.
C.
The Superintendent or other duly authorized employees are authorized
to obtain information concerning industrial processes which have a
direct bearing on the kind and source of discharge to the wastewater
collection system. Information and data on an industrial user obtained
from reports, questionnaires, permit applications, permits and monitoring
programs and from inspectors shall be available to the public or other
governmental agency without restriction, unless the industrial user
specifically requests and is able to demonstrate, to the satisfaction
of the Town, that the release of such information would divulge information
on processes or methods of production entitled to protection as trade
secrets of the user. In no event shall any claimed confidential information
be disclosed to any person without prior notice in writing to the
industrial user and without providing the industrial user with the
opportunity to protect such confidential information, including the
right to seek judicial relief.
D.
While performing the necessary work on private properties referred to in Subsections A and B above, the Superintendent or duly authorized employees of the Town shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the Town employees, and the Town shall indemnify the company against loss or damage to its property by Town employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in § 126-29.
E.
The Superintendent and other duly authorized employees of the Town,
bearing proper credentials and identification, shall be permitted
to enter all private properties through which the Town holds a duly
negotiated easement, for the purposes of, but not limited to, inspection,
observation, measurement, sampling, repair and maintenance of any
portion of the wastewater facilities lying within said easement. All
entry and subsequent work, if any, on said easement shall be done
in full accordance with the terms of the duly negotiated easement
pertaining to the private property involved.
[Amended 9-1-1987 by L.L. No. 3-1987]
No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the wastewater treatment facilities. Any person violating this section shall be subject to immediate arrest under § 126-37B.
The Town reserves the right to adopt, from time to time, such
rules and regulations as it shall deem necessary and proper in connection
with the use and operation of its wastewater treatment facilities,
which rules and regulations shall become and shall be construed as
part of this article.
A.
Any person found to be violating any provision of this article shall
be served by the Town 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.
B.
Any person who shall continue any violation beyond the time limit provided for in Subsection A of this section shall be guilty of a violation and, upon conviction thereof, shall be fined in an amount not exceeding $250 for each violation or be imprisoned for a term not exceeding 15 days, or both. Each day in which any such violation shall continue shall be deemed a separate offense.
[Amended 9-1-1987 by L.L. No. 3-1987]
C.
Any person violating any of the provisions of this article shall
become liable to the Town for any expense, loss or damage occasioned
the Town by reason of such violation.
[Added 4-13-1993]
All property owners who are currently provided municipal sewer
services are responsible for costs associated with the reconstruction,
repair and/or maintenance of sewer laterals from the property line
into the building which is serviced.
