[Ord. #84-5, A II, § 1]
The purpose of this section is to provide for the maximum possible
beneficial public use of the wastewater facilities through regulation
of sewer construction, sewer use, and wastewater discharges into the
wastewater facilities and to provide procedures for complying with
the requirements contained herein.
[Ord. #84-5, AII, § 2]
a.
The definitions of terms used in this section are found in Article I. The provisions of this section shall apply to the discharge of all wastewater to wastewater facilities in the City. This section provides for use of the wastewater facilities, regulation of sewer construction, control of the quantity and quality of wastewater discharged, wastewater pretreatment required, sewer construction plans, issuance of Wastewater Discharge Permits, minimum sewer connection standards and conditions, and penalties and other procedures in cases of violation of this section.
[Ord. #84-5, A II, § 3]
The administration, implementation and enforcement of the provisions
of this section, except as otherwise provided herein, shall be the
joint responsibility of the City, CMCMUA, and New Jersey Water Company.
Each agrees to cooperate and work with each other in the administration
of the section.
The CMCMUA agrees that it shall be responsible, either directly,
or through contracted agents, to measure and sample wastewater discharge
if necessary, to ensure that discharge to the wastewater facilities
are in accordance with the provisions of this section. In the event
that such measurement, sampling, or analyses is necessary the cost
and expense shall be borne exclusively by the CMCMUA.
[Ord. #84-5, A II, § 4]
Any person found in violation of this section or any requirement of a permit issued hereunder, may be served with a written notice stating the nature of the violation and providing a reasonable time limit for compliance. Any such notice given shall be in writing and served in person or by registered or certified mail. The notice shall be sent to the last known address of the violator. Where the address is unknown, service may be made upon the owner of record of the property involved. If satisfactory action is not taken in the time allotted by the notice, subsection 15-3.7 shall be implemented.
[Ord. #84-5, A II, § 5]
a.
Any person who continues to violate the discharge provisions of this section beyond the time limit provided for in subsection 15-3.6, may be charged with commission of a misdemeanor and upon conviction thereof, shall be liable to the penalty stated in Chapter 1, Section 1-6, for each day the violation continues and may be subject to disconnection from the wastewater facilities. Additionally, the violator may also be subject to disconnection of water service by the New Jersey Water Company, prior to conviction for such violation.
b.
In addition, if a violation causes an extraordinary expense to any
operating component of the wastewater facilities in the City, the
person causing such violation shall be liable for the full amount
of the extraordinary expense plus any costs incurred by the entity
pursuing enforcement of these provisions. The City will transfer any
such reimbursement to the person suffering the injury or incurring
the expenses.
c.
Each day or portion thereof a violation continues shall constitute
a separate violation.
[Ord. #84-5, A II, § 6]
a.
The City, CMCMUA, or New Jersey Water Company personnel, or contracted
designees, bearing proper credentials and identification, shall be
permitted to enter the property of any Residential, Commercial or
Industrial User of the Wastewater Sewer at any reasonable time for
the purpose of inspection, observation, measurement, and sampling
of the wastewater discharge to ensure that discharge to the wastewater
facilities is in accordance with the provisions of this section.
b.
While performing the necessary work on private properties referred to in subsection 15-3.8a, all persons shall observe all safety rules established by the owner or occupant of the property and applicable to the premises.
c.
During the performance on private property of inspections, wastewater sampling, or other similar operations referred to in subsection 15-3.8a above, the owner and occupant shall be:
1.
Held harmless for personal injury to or death of the inspecting personnel
and loss of or damage to supplies or equipment utilized in the inspection
or sampling,
2.
Indemnified against loss of or damage to property of the owner or
occupant by the inspecting personnel and
3.
Indemnified against personal injury to or death of inspecting personnel
or for loss of or damage to property used by the inspectors in the
process of inspecting or sampling, except as may be caused by the
negligence or failure of the owner or occupant to maintain safe conditions.
[Ord. #84-5, A II, § 7]
No 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 facilities. Any persons who violate this subsection shall be guilty of a misdemeanor and, upon conviction, shall be liable to the penalty established in Chapter 1, Section 1-6. The fine shall be in addition to payment of damages incurred by a wastewater facility operating entity.
[Ord. #84-5, A II, § 8]
A finding by any court or other jurisdiction that any other
part or provision of this section is invalid shall not affect the
validity of any other part or provision of this section which can
be given effect without the invalid parts or provisions.
[Ord. #84-5, A II, § 9]
Any person, persons, or businesses responsible in part or in
whole for an accidental spill into the wastewater facilities, or to
public or private property, or into surrounding bodies of water, shall
immediately report each occurrence to the Ocean City Police Department,
and the CMCMUA and New Jersey Water Company.
