No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is part of the sewage works. Any person violating this provision shall be subject to immediate arrest under charge of the applicable section or sections of the Penal Law of the Laws of the State of New York.
A. 
Authority. The Superintendent and other duly authorized employees of the district, USEPA and NYSDEC, bearing proper credentials and identification, shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter.
B. 
Unauthorized inquiries. The Superintendent or their representatives 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, waterways or facilities for waste treatment.
C. 
Safety rules. While performing the necessary work on private properties referred to in this section, the Superintendent or duly authorized employees of the district shall observe all safety rules applicable to the premises, established by the company and made known to the district in writing.
D. 
Easements. The Superintendent and other duly authorized employees of the district, USEPA and NYSDEC, bearing proper credentials and identification, shall be permitted to enter all private properties through which the district 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 property involved.
E. 
Records. The Superintendent shall have the authority to copy any and all records related to wastewater discharges to the sewerage system.
F. 
The Superintendent or their authorized representative shall have the authority to issue summonses for violations of this chapter.
[Amended 10-16-2006 by L.L. No. 28-2006; 11-8-2006 by L.L. No. 33-2006; 11-6-2019 by L.L. No. 56-2019]
(A) 
Any person found to be violating any provision of this chapter, except those provisions relating to § 164-16, Special agreements and arrangements, shall be served by the district with written notice stating the nature of the violation and providing a reasonable time for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
(B) 
With the exception of a violation of § 164-15(J)(1), any person who shall continue any violation beyond the time provided hereinabove shall be guilty of an offense and, on conviction thereof, shall be fined in the amount of not less than one thousand ($1,000) dollars nor more than five thousand ($5,000) dollars for each offense. Each day or part thereof a violation continues or is permitted to exist shall be deemed a separate offense.
(C) 
Any person who commits an offense against § 164-15(J)(1), shall upon conviction thereof, be fined in the amount of not less than five hundred ($500) dollars nor more than one thousand five hundred ($1,500) dollars for a first offense committed within twelve (12) months of the issuance of a notice of violation; not less than one thousand ($1,000) dollars nor more than two thousand five hundred ($2,500) dollars for a second or subsequent offense committed within five (5) years of the first offense; and at the discretion of the Superintendent, the liquid waste permit may be suspended for up to thirty (30) days upon the occurrence of a third offense committed within five (5) years of the first offense.
[Amended 9-14-2021 by L.L. No. 50-2021]
(D) 
Any person found by the Bureau of Administrative Adjudication to have violated any provision of this chapter shall likewise be subject to a monetary penalty in an amount within the range of fines set forth in subdivisions (B) and (C) for the respective violations referenced therein for a first offense, subsequent offenses and continuing offenses, and shall likewise be subject to suspension of the liquid waste permit after commission of a third violation of § 164-15(J)(1) within five (5) years of the first violation.
[Amended 9-14-2021 by L.L. No. 50-2021]
(E) 
Any person violating any of the provisions of this chapter shall become liable to the district for any expense, loss or damage occasioned the district by reason of such violation.
(F) 
The making of any false statement in an application for a permit or the failure to comply with any conditions in a permit shall be deemed a violation of these regulations.
The Superintendent, district and the officers, employees and their authorized representatives (District Engineer, etc.) assume no responsibility or liability for damages, injuries or leakage that may result from increases or decreases in volume of flow in the sewage works, and said facility may be shut off, discontinued or decreased at any time without prior notice to user.
Nothing in this chapter shall be considered in conflict with existing ordinances and laws, such as Building and Plumbing Codes, or state and federal regulations. Where there are discrepancies, the most stringent requirement will govern at the discretion of the Superintendent.
A. 
All district ordinances, or parts of ordinances, in conflict herewith are hereby repealed.
B. 
If any clause, sentence, paragraph, subdivision, section or other part of this chapter shall for any reason be adjudged by any court of competent jurisdiction to be unconstitutional or otherwise invalid, such judgment shall not affect, impair or invalidate the remainder of this chapter, and it shall be construed to have been the legislative intent to enact this chapter without such unconstitutional or invalid parts therein.