The purpose of this chapter is to provide for the maximum possible
beneficial public use of the Authority's wastewater facilities through
regulation of sewer construction, sewer use and wastewater discharges;
to provide for equitable distribution of the costs of the Authority's
wastewater facilities; and to provide procedures for complying with
the requirements contained herein.
A.
The definitions of terms used in this chapter are found in Article I. The provisions of this chapter shall apply to the discharge of all wastewater to facilities of the Authority. This chapter provides for use of the Authority's wastewater facilities, regulation of sewer construction, control of the quantity and quality of wastewater discharged, wastewater pretreatment, equitable distribution of costs, assurance that existing customer's capacity will not be preempted, approval of 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 chapter.
B.
This chapter shall apply to the Borough of Woodstown and to persons
outside the borough who are, by contract or agreement with the Authority,
users of the Authority's wastewater sewers or wastewater treatment
facilities.
Except as otherwise provided herein, the Authority or its designate
shall administer, implement and enforce the provisions of this chapter.
Any person found in violation of this chapter or any requirement of a permit(s) 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 address of the violator known to the Authority. 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, § 75A-7 of this Article shall be implemented.
A.
Any person who continues to violate the discharge provisions of this chapter beyond the time limit provided for in § 75A-6 above may be charged with commission of a misdemeanor and, upon conviction thereof, shall be fined not more than $500 for each day the violation continues, or may be subject to disconnection from the Authority's wastewater facilities.
B.
Each day or portion thereof a violation continues shall constitute
a separate violation.
A.
All fees and charges payable under the provisions of this chapter
shall be paid to the Authority. Such fees and charges shall be as
established in the latest edition of the Authority's user rates resolution.
B.
All fees, penalties and charges collected under this Schedule and
the user's charge system shall be used for the sole purpose of constructing,
operating or maintaining the wastewater facilities of the Authority
or the retirement of debt incurred for same.
C.
All fees and charges payable under the provisions of this chapter
are due and payable upon the receipt of notice of charges. Unpaid
charges shall become delinquent and shall be subject to penalty and
interest charges as provided for in the latest edition of the Authority's
user rates resolution.
A.
The designate of the Authority, bearing proper credentials and identification,
shall be permitted to enter properties at any reasonable time for
the purposes of inspection, observation, measurement and sampling
of the wastewater discharge to ensure that discharge to the Authority's
wastewater facilities is in accordance with the provisions of this
chapter.
B.
The designate of the Authority, bearing proper credentials and identification,
shall be permitted to enter all private property through which the
Authority holds an easement for the purposes of inspection, observation,
measurement, sampling, repair and maintenance of any of the Authority's
wastewater facilities lying within the easement. All entry and any
subsequent work on the easement shall be done in full accordance with
the terms of the easement pertaining to the private property involved.
D.
During the performance on private properties of inspections, wastewater sampling or other similar operations referred to in Subsection A and B above, the owner and occupant shall be:
(1)
Held harmless for personal injury or death of the Authority's employee(s)
and the loss of or damage to Authority supplies or equipment;
(2)
Indemnified against loss of or damage to property of the owner or
occupant by the Authority's employee(s); and
(3)
Indemnified against liability claims asserted against the owner or occupant for personal injury or death of the Authority's employee(s) or for loss of or damage to property of the Authority, except as such may be caused by negligence or failure of the owner or occupant to maintain safe conditions as required by Article VII of this chapter. Although Article VII only applies to the industrial connections, for the purpose of this Article, the residential and commercial customers shall also maintain equivalent safe conditions for the safety of the Authority's employees and property.
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 Authority's wastewater facilities.
Any person who violates this section shall be guilty of a misdemeanor
and, upon conviction, be punishable by a fine in an amount not to
exceed $250.
Public notice shall be given in accordance with applicable provisions
of the Authority Charter, prior to adoption of any amendments of this
chapter.
