The Town shall be responsible for enforcing the provisions of this chapter and such rules, regulations, specifications and requirements as are promulgated pursuant to this chapter.
A. 
The Town or the Town's agent, SCDPW, SCDHS, USEPA and NYSDEC representatives, bearing proper identification, shall be permitted to enter, at reasonable times, upon all properties served by the Town sewer system or property served by a private sewage disposal system pursuant to this chapter or other property over, under, on or through which the Town has an easement, for the purpose of inspection, observation, measurement, sampling, inspecting and copying discharge records, testing, maintenance, construction and, in general, for enforcement of the provisions of this chapter. The Town shall have the right to set up such devices as are necessary to conduct sampling or metering operations.
B. 
Where a party in possession of property has security measures in force, he shall make arrangements with his security personnel so that, upon presentation of proper identification, personnel from the Town, SCDPW, SCDHS, USEPA and NYSDEC will be permitted to enter without delay.
C. 
Violation.
(1) 
Notice to remedy. Where a violation of the provisions of this chapter is found, the Town may issue the offender a notice to remedy by personal service or by certified mail, return receipt requested, of the nature of the violation, prescribe a period of time, not to exceed 30 days, within which the specified violation must be remedied. If the violation is not corrected within the period specified in said notice, the Town may take the actions necessary to remedy said violation and charge the offender with the expense of making such correction.
(2) 
Appearance ticket. An appearance ticket may be issued contemporaneously with the notice to remedy a violation and said notice shall not be a condition precedent to the issuance of an appearance ticket.
(3) 
Upon a failure or refusal to make the correction and in addition to any other remedies or penalties provided for in this chapter, the Town shall have the right to disconnect any improper connection from the sewer at the end of the time limit specified in this section, and the offender shall be liable to the Town for the expense of making such disconnection.
D. 
Modification, revocation or suspension.
(1) 
The Town may modify, revoke or suspend a permit or approval granted under this chapter when the modification, revocation or suspension is required by or consistent with a decision issued in an action instituted pursuant to § 21-13.
(2) 
The Town may modify, revoke or suspend a permit or approval granted under this chapter when to do so is necessary to protect the Town's POTW, the public health or the environment from unreasonable adverse effects, upon three days' notice for the applicant to be heard.
E. 
Emergency shutdown. The Town may disconnect, without notice or opportunity to be heard, any connection from the sewer, when to do so is necessary to protect the Town's POTW, the public health, or the environment from immediate and unreasonable adverse effects.
A. 
Failure to comply. It shall be a violation for any person to fail to comply with any of the provisions of this chapter, including any order, rule, regulation, specification or requirement issued pursuant to or in furtherance of this chapter.
B. 
Prohibited practices.
(1) 
It shall be unlawful to impede, obstruct, hinder or otherwise interfere with the Town in the performance of its duties under this chapter.
(2) 
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 Town's disposal and sewage treatment system.
(3) 
No person shall make false, misleading or incomplete statements in any application for a permit or other approval or in any records required to be kept under this chapter.
(4) 
It shall be unlawful to cause any connection to be made between a piping system carrying potable water and a piping system carrying, at any time, anything other than potable water.
A. 
Criminal penalties. Any person, firm, corporation or other entity who shall violate, neglect or refuse to comply with any provisions of this chapter shall be guilty of a violation punishable by a fine of not less than $3,000 nor more than $10,000; for a second offense by a fine of not less than $10,000 nor more than 20,000; for a third or subsequent offense by a fine of not less than $20,000 nor more than $35,000. Each day of a continuing violation shall constitute a separate offense. If more than one section is violated, each violation shall constitute a separate offense.
B. 
Civil penalties. In lieu of or in addition to any other penalty, a civil proceeding may be brought by the Town Attorney in a court of competent jurisdiction to:
(1) 
Secure injunctive relief.
(2) 
Recover any expenses, including labor and materials, incurred by the Town to remedy violations of the provisions of this chapter.
(3) 
Achieve such other remedies as may be available under law or equity to correct or remedy a violation or protect the interests of the Town.
(4) 
Recover any fines imposed upon the Town by any federal, state or county authority having jurisdiction for acts or omissions, refusal or neglect in violation of any federal, state or county laws, rules or regulations committed by the violator.
(5) 
Recover fines imposed by federal, state and local regulatory agencies for exceedances to the Sewer Works State Pollutant Discharge Elimination System (SPEDES) permit caused by noncompliance of the discharge with the District's SUO.
A. 
Application. No statement in this chapter shall be construed to interfere with any additional requirements that may be imposed by any federal, state or local health authority having jurisdiction.
B. 
Severability. If any provision of this chapter shall be adjudged invalid, the judgment shall apply only to the provision so adjudged and shall not affect, impair or invalidate any other provision of this chapter.
C. 
Repealer. All ordinances or local laws or parts thereof in conflict with this chapter are hereby repealed.
A. 
The costs of all improvements constructed in the Sewer District and of the operation and maintenance of the facilities thereof shall be assessed, levied and collected from the lots and parcels of land within the boundaries of said district, and shall be in accordance with the resolutions adopted by the Town of Brookhaven.
B. 
Said charges shall become due and payable on the first day of January in each year or on such other day or dates as may be determined by the Town. They shall be collected by the Town Tax Receiver and shall constitute a lien on the real property pursuant to the regulations of the Town of Brookhaven.
C. 
Waste strength surcharge. Users who discharge sewage in greater concentrations than permitted by this section shall be charged an annual waste strength surcharge. Said surcharge shall be due, payable, and collected in accordance with § 21-16B. The surcharge shall be calculated as follows:
(1) 
The user's annual permitted waste strength will be subtracted from the annual sampled waste strength average to arrive at a surcharge concentration. The number of gallons of waste that would have been discharged had the surcharge concentration been discharged at the permitted waste strength is then multiplied by the Town's annual cost per gallon to treat sewage of permitted waste strength. The resulting number is the annual waste strength surcharge.
(2) 
The user's annual waste strength average will be determined by averaging the samples collected from the user's sewage discharge. Samples shall be collected and tested as required by the Town's appointed designees. The costs associated with the collecting and testing shall be borne by the user, including all labor costs.