It shall be unlawful for any person to maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the sewage works. Any violation of this section is declared to be a misdemeanor and shall, upon conviction, be punishable by a fine of $1,000 or by imprisonment for not more than six months, or both.
[Added 7-27-2009 by Ord. No. 806]
A. 
Findings, intent and authority.
(1) 
The Mayor and Common Council of Westminster operates a water production, supply and distribution system and a wastewater collection treatment system serving the City of Westminster and certain surrounding areas. It is and has constantly been the City’s policy and intent to encourage water conservation by the users of its systems.
(2) 
The Mayor and Common Council of Westminster finds that the efficient use of water, energy, water distribution, and wastewater collection systems is in the best interest of the City and the users of its systems, as well as in the well-being of the environment generally.
(3) 
Article XI-E of the Maryland Constitution, Articles 23A and the Environment Article of the Annotated Code of Maryland and Section 15, et seq. of the City’s Charter authorize the Mayor and Common Council of Westminster to enact ordinances for the protection and promotion of public safety, health, morals and welfare.
B. 
In order to promote resource conservation, the Mayor and Common Council of Westminster hereby adopts a program to provide incentives in the form of rebates to encourage replacement of inefficient toilets in existing facilities. The Director of Public Works shall adopt the criteria and regulations regarding the administration of this program which shall be approved by resolution of the Mayor and Common Council of Westminster.
A. 
The Director and other duly authorized employees or representatives of the City bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter.
B. 
The Director 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. The industry may withhold information considered confidential. The industry must establish that the revelation to the public of the information in question might result in an advantage to competitors.
C. 
While performing the necessary work on private properties referred to in Subsection A above, the Director or duly authorized employees or representatives of the City 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 City employees or representatives, and the City shall indemnify the company against loss or damage to its property by City employees or representatives and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operations, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in § 124-4H.
D. 
The Director and other duly authorized employees or representatives of the City bearing proper credentials and identification shall be permitted to enter all private properties through which the City 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 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 properties involved.
In any instance in which the owner of any building, dwelling, apartment, living unit or other structure desires to suspend his water and sewer services for a period exceeding 60 days, he may do so by written application made at least five days prior to the cutoff date. In the event of such suspension of service, the owner will be charged a turnoff fee in accordance with the appropriate section of Chapter 160, Water.
The Director of Finance shall prepare annually and submit to the Mayor and Common Council a statement showing all income derived by the City from the sewer rates and charges herein levied and imposed, together with a statement of all costs and expenses incurred by or attributable to the operation of the City's sewerage system, which statements shall be reviewed by the Mayor and Common Council for the purpose of determining what revision, if any, to the rates and charges herein levied and imposed may be required.
It shall be unlawful for any person to knowingly make any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter, or wastewater contribution permit, or to falsify, tamper with or knowingly render inaccurately any monitoring device or method required under this chapter. Any violation of this section is declared to be a misdemeanor and shall, upon conviction, be punishable by a fine of $1,000 or by imprisonment for not more than six months, or by both.
A. 
Any person found to be violating any provision of this chapter, except §§ 124-31 and 124-35, shall be served by the City 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. In the event that the violation has caused or can potentially cause physical damage to the sewerage works and/or degradation of the treatment plant effluent to the degree that it does not meet the current requirements of appropriate state or federal regulatory agencies, the City shall require immediate correction of the violation or denial of service until satisfactory corrections are made.
B. 
Civil penalties. The violation of any of the provisions of this chapter, except §§ 124-31 and 124-35, is declared to be a municipal infraction punishable by a fine of $500 per day if the violation is a first offense and a fine of $1,000 per day if the violation is a repeat offense. If the assessed fine is not paid within the period set forth in the citation and no notice of intention to stand trial for the offense is filed, the City may double the fine, not to exceed a total amount of $1,000, pursuant to provisions of Article 23A of the Annotated Code of Maryland. Each day a violation continues shall constitute a separate offense.
C. 
Criminal prosecution.
(1) 
Any user that willfully violates any provision of this chapter, any orders or wastewater discharge permits, issued hereunder, or any other pretreatment requirements shall, upon a conviction, be guilty of a misdemeanor, punishable by a fine of not more than $1,000 per violation per day or imprisonment for not more than six months, or both.
(2) 
Any user that willfully introduces any substance into the wastewater treatment works which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to a penalty of at least $1,000 and/or be subject to imprisonment for six months. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.
D. 
Any person violating any of the provisions of this chapter shall become liable to the City for any expenses, loss or damage occasioned the City by reason of such violation.[1]
[1]
Editor’s Note: The Sewer Rate Schedule, as amended, that was included at the end of this chapter, was repealed 4-13-2009 by Ord. No. 801. Ordinance No. 801 also provided that said schedule was to be used to calculate rates for services rendered before July 1, 2009. For current sewer rates, see Appendix B at the end of Chapter 1, General Provisions