No unauthorized person shall enter or maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is part of the Town's sewage works or system.
A. 
The Town and/or other duly authorized employees of the Town, NYSDEC and/or USEPA bearing proper credentials and identification shall be permitted to enter all industrial properties without advance notice for the purpose of inspection, observation, measurement, sampling, monitoring and testing in accordance with the provisions of this Part 2. The Town shall also have the right to inspect and copy records pertaining to the industry's self-monitoring procedures. The Town shall have no authority to inquire into any processes, including metallurgical, chemical, oil, refining, ceramic, paper or other industries, beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.
B. 
While performing the necessary work on private properties referred to in Subsection A above, the Town and/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 failing of the company to maintain safe conditions as required by this Part 2.
C. 
The Town and/or 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 purpose of but not limited to inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works 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.
D. 
The Town, Town Sewer Inspector and/or duly authorized employees of the Town bearing proper credentials and identification shall be permitted to enter all private, nonindustrial properties after first notifying the owner of said property at least 48 hours in advance of the visit and the proposed entry and the purpose of the inspection, observation, measurement and/or sampling of any portion of the sewage facilities or factors contained in § 146-7 or 146-10.
E. 
The Town may immediately sever any sewer connection when such action is necessary in the opinion of the Town in order to halt or prevent a discharge which reasonably appears to present an imminent threat to the health or welfare of persons. The Town may issue orders requiring suspension of a discharge when such suspension is necessary to halt or prevent a discharge which presents or may present an endangerment to the environment or threatens to interfere with the operation of any part of the treatment system. Any person receiving such an order shall immediately stop or eliminate the contribution. In the event that such person fails to comply voluntarily with the suspension order, the Town shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the environment or to the treatment system. The Town shall reinstate wastewater treatment service upon proof of the elimination of the noncomplying discharge.
F. 
The Town shall not be liable for damage or losses occurring as a result of actions taken in accordance with these provisions.
The rate of sewage service in the Town will be based on charges as set by the Administrative Board of the Niagara County Sewer District for county rates in its rules and regulations and the Town for Town rates in its rules and regulations.
The Town shall have the authority to make such rules and regulations as it deems advisable, desirable and necessary to implement the terms and conditions of this Part 2.
A. 
The terms, conditions, rules, regulations, definitions, requirements, restrictions, use, charges, rates, permits, power and authority of the Town, its inspectors and engineers and penalties contained in this Part 2 and any and all rules and regulations of the Town are complementary, and what is called for by anyone shall be as binding as if called for by both.
B. 
All laws and parts of laws, all ordinances, codes, local laws and regulations which are inconsistent with or in conflict with or repugnant to any provisions of this Part 2 shall be deemed not to apply, provided that nothing herein contained shall be construed to prevent the adoption and enforcement of a law, local law, code or regulation which is more restrictive or establishes a higher standard than those provided in this Part 2.
C. 
This Part 2 shall supersede all prior ordinances or local laws in conflict therewith, including but not limited to L.L. Nos. 1-1974, 4-1975 and 2-1978, except as specifically included herein. Those provisions of L.L. No. 2-1981 not in conflict with this Part 2 shall still apply and be effective.
A. 
Violations.
(1) 
Any violation of § 146-7, 146-9 or 146-10 of this Part 2 is hereby declared a violation except as otherwise provided by law.
(2) 
Any violation of § 146-7, 146-8, 146-9 or 146-10 of this Part 2 is hereby declared a violation except as otherwise provided by law. Any person who violates the provisions of § 146-7, 146-8, 146-9 or 146-10 of this Part 2, upon conviction in a court of competent jurisdiction, may be punished by a fine of not less than $500 per day and by imprisonment for not more than 15 days, and each day on which there is a failure to comply shall be and is hereby declared to be a distinct and separate offense and punishable as such.
[Amended 2-22-1993 by L.L. No. 3-1993; 2-10-2003 by L.L. No. 2-2003]
(3) 
The Town may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to collect a civil penalty of $500 per day, and each day on which there is a failure to comply shall be and is hereby declared to be a distinct and separate offense and punishable as such.
(4) 
The Town may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction for injunctive relief for any violation of § 146-7, 146-9 or 146-10 of this Part 2.
B. 
Misdemeanors.
(1) 
Any violation of §§ 146-10 through 146-28 of this Part 2 is hereby declared a misdemeanor except as otherwise provided by law.
(2) 
Any person who violates the provisions of §§ 146-10 through 146-28 of this Part 2, upon conviction thereof in a court of competent jurisdiction, may be punished by a fine and imprisonment as established by the laws of the State of New York for unclassified misdemeanors, and each day on which there is a failure to comply shall be and is hereby deemed to be a distinct and separate offense and punishable as such.
(3) 
The Town may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to collect a civil penalty of $2,500 per day, and each day on which there is a failure to comply shall be and is hereby deemed to be a distinct and separate offense and punishable as such.
(4) 
The Town may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction for injunctive relief for any violation of §§ 146-10 through 146-28 of this Part 2.
C. 
The Town Sewer Department shall have the authority to enforce this Part 2 and issue appearance tickets on behalf of the Town.
[Added 2-22-1993 by L.L. No. 3-1993]