No unauthorized person shall enter into any municipal wastewater facilities, or maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is part of such municipal wastewater facilities.
[Amended 3-23-1981 by L.L. No. 1-1981]
A. 
The Administrator and/or other duly authorized employees or agents of the Town, the USEPA and NYDEC 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. They shall have no authority to inquire into any processes, including metallurgical, chemical, oil, refining, ceramic, paper or other industries, beyond that having a direct bearing on the kind and source of discharge into the sewers, waterways or facilities for waste treatment.
B. 
While performing the necessary work on private properties referred to in Subsection A above, the Administrator and/or duly authorized employees of the Town, the USEPA and NYDEC shall observe all safety rules applicable to the premises as 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 caused 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 the negligence or failing of the company to maintain safe conditions.
C. 
The Administrator and other duty authorized employees of the Town, the USEPA and the NYDEC, bearing proper credentials and identification, shall be permitted to enter all private properties through which the Town holds a sewer easement, for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the wastewater facilities lying within same easement. All entry and subsequent work, if any, on said easement shall be done in full accordance with the terms of said easement pertaining to the private property involved.
A. 
Violations.
(1) 
Any violation of § 145-5, 145-7 or 145-8 of this chapter hereby is declared a violation except as otherwise provided by law.
(2) 
Any person who violates the provisions of § 145-5, 145-7 or 145-8 of this chapter, and is convicted thereof in a court of competent jurisdiction, may be punished by a fine not to exceed $250. Each day on which there is a failure to comply shall be deemed a distinct and separate violation and is 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 not over $200 for each violation of §§ 145-5, 145-7 and 145-8 of this chapter.
B. 
Misdemeanors.
(1) 
Any violation of § 145-10 of this chapter is hereby declared a misdemeanor except as otherwise provided by law.
(2) 
Any person who violates the provisions of § 145-10 of this chapter, and is convicted thereof in a court of competent jurisdiction, may be punished by a fine not to exceed $500, a sentence of imprisonment not to exceed one year, or both. Each day on which there is a failure to comply shall be deemed a distinct and separate offense and is 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 not over $1,000 for each violation of § 145-10 of this chapter.
C. 
The provisions of the State Penal Law apply to any violation of any of the provisions of § 145-15 of this chapter.
D. 
Any person violating any of the provisions of this chapter shall become liable to the Town for such expense, loss or damage incurred or suffered by the Town by reason of such violation.
E. 
If a person violating any provision of this chapter should fail to correct said violation within the time period established for such correction, the Town shall correct the violation and the cost thereof shall thereafter become a charge against the subject property.
A. 
In the event an application for a building sewer permit or industrial use permit is denied or, after having been granted, is restricted or rescinded, the Administrator shall file in the office of the Town Clerk a copy of this decision, which shall include the reasons for refusal, restriction or cancellation. The Administrator shall also mail a copy thereof to the applicant or permit holder. The applicant or permit holder shall thereupon have the right to appeal said decision to the Town Board, or to such other committee or body as the Town Board may hereafter designate for that purpose, which appeal must be filed within 30 days of the date of filing the decision in the Town Clerk's office.
B. 
Any industrial user or user subject to an abnormal pollutant surcharge or abnormal wastewater surcharge shall have the right to appeal to the Town Board, or to such committee or body, as the Town Board may hereafter designate for that purpose, concerning the reasonableness of the procedures or charges contained within 30 days of the enactment or amendment of a provision concerning procedures and changes affecting appellee.
A. 
The Town hereby reserves the right to reject any application for a permit which does not provide for full compliance with the provisions provided within this chapter. However, in the public interest, the Town may, in its discretion, provide temporary service for a period not to exceed 90 days pending correction or proper connection to the available sewer system. In addition to the charge provisions contained within this chapter and any other local law or ordinance, additional charges may be imposed by the Town to insure an equitable system of cost recovery for the treatment of these wastes and for this temporary service.
B. 
The Town reserves the right to accept and/or reject any and all applications for service of a nature not hereinbefore covered.
C. 
The Town shall use reasonable care and diligence to provide a constant treatment of wastewater for all users, but reserves its right at any time, without notice, to terminate services in its mains or in any service connection for the purpose of making repairs and/or extensions, or for any other lawful purpose, and it shall be expressly agreed that the Town and its officers, agents and employees shall not be liable for any deficiency or failure of any kind for any cause whatsoever.
D. 
The Town hereby reserves the right to determine when and in what manner additions and extensions to the existing system, or the creation of a new system, shall be made and to make such arrangements and agreements as will serve the best interests of the Town.
E. 
The Town hereby reserves the right, in its discretion, to install and maintain any auxiliary recorders, transmitters and/or other equipment which the Town shall deem to be in the best interests of the Town and the operation of the sewer system.
F. 
The Town hereby reserves the right to impose further rates, rules or regulations, to insure an equitable system of cost recovery for the treatment of various wastes.
G. 
The Town hereby reserves the right to enter into contracts with corporations, individuals or other municipalities for wastewater treatment, either into or out of the Town, under such terms and conditions as shall properly protect the best interests of the Town.