The purpose of this Part 1 of this chapter is to provide for the maximum possible beneficial public use of the town's wastewater facilities through regulation of sewer construction, sewer use and wastewater discharges, to provide for equitable distribution of the costs of the town's wastewater facilities and to provide procedures for complying with the requirements contained herein.
A. 
The definitions of terms used in this Part 1 of this chapter are found in Article I. The provisions of this Part 1 of this chapter shall apply to the discharge of all wastewater to facilities of the town. This Part 1 of this chapter provides for use of the town'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 Part 1.
B. 
This Part 1 of this chapter shall apply to the Town of Millsboro and to persons outside the town who are, by contract or agreement with the town, users of the town's wastewater sewers or wastewater treatment facilities.
Except as otherwise provided herein, the manager of the town's wastewater systems shall administer, implement and enforce the provisions of this Part 1 of this chapter.
Any person found in violation of this Part 1 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 manager. 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, § 161-7 of this article shall be implemented.
A. 
Any person who continues to violate the discharge provisions of this Part 1 of this chapter beyond the time limit provided for in § 161-6 above shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than $50 nor more than $500 and shall pay the costs of prosecution.
B. 
For the purpose of this Part 1 of this chapter, each day or portion thereof that a violation continues shall constitute a separate offense.
A. 
All fees and charges payable under the provisions of this Part 1 of this chapter shall be paid to the town. Such fees and charges shall be as set forth herein or as established in the latest edition of the town's User's Charge Ordinance.
B. 
All fees, penalties and charges collected under this Part 1 of this chapter and the User's Charge Ordinance shall be used for the sole purpose of constructing, operating or maintaining the wastewater facilities of the town, or the retirement of debt incurred for same or payment of industrial cost recovery, if required, pursuant to federal law.
C. 
All fees and charges payable under the provisions of this Part 1 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 town's User's Charge Ordinance.
A. 
The manager, 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 town's wastewater facilities is in accordance with the provisions of this Part 1 of this chapter.
B. 
The manger, bearing proper credentials and identification, shall be permitted to enter all private property through which the town holds an easement for the purposes of inspection, observation, measurement, sampling, repair and maintenance of any of the town'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.
C. 
While performing the necessary work on private properties referred to in Subsections A and B above, the manager shall observe all safety rules established by the owner or occupant of the property and applicable to the premises.
D. 
During the performance on private properties of inspections, wastewater sampling or other similar operations referred to in Subsections A and B above, the owner and occupant shall be:
(1) 
Held harmless for personal injury or death of the manager and the loss of or damage to town supplies or equipment.
(2) 
Indemnified against loss of or damage to property of the owner or occupant by the manager.
(3) 
Indemnified against liability claims asserted against the owner or occupant for personal injury or death of the manager or for loss of or damage to property of the town, 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 Part 1 of this chapter.
A. 
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 wastewater facilities.
B. 
Any person who violates this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $50 nor more than $250 and shall pay the costs of prosecution.