The Engineer and other duly authorized employees
of the Authority bearing proper credentials and identification shall
be permitted to enter all properties for the purposes of inspection,
observation, measurement, sampling and testing pertinent to discharge
to the community system in accordance with the provisions of this
article.
While performing the necessary work on private properties referred to in §
126-51 above, the Engineer or duly authorized employees of the Authority shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the Authority employees, and the Authority shall indemnify the company against loss or damage to its property by Authority 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 negligence or failure of the company to maintain safe conditions as required in §
126-40.
The Engineer and other duly authorized employees
of the Authority bearing proper credentials and identification shall
be permitted to enter all private properties through which the Township
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 wastewater facilities 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.
Any user who violates the following conditions of this article or applicable state and federal regulations is subject to having his permit revoked in accordance with the procedures of §§
126-51 through
126-58 of this article.
A. Failure of a user to factually report the wastewater
constituents and characteristics of his discharge;
B. Failure of the user to report significant changes
in operations or wastewater constituents and characteristics;
C. Refusal of reasonable access to the user's premises
for the purpose of inspection or monitoring; or
D. Violation of conditions of the permit.
Whenever the Authority finds that any user has
violated or is violating this article, a wastewater contribution permit
or any prohibition and limitation or requirements contained herein,
the Authority may serve upon such person a written notice stating
the nature of the violation. Within 30 days of the date of the notice,
a plan for the satisfactory correction thereof shall be submitted
to the Authority by the user.
[Amended 9-29-2004 by Ord. No. 190]
If any person discharges sewage, industrial
wastes or other wastes into the Township's wastewater disposal system
contrary to the provisions of this article, federal or commonwealth
pretreatment requirements or any order of the Authority, the Township,
or their respective solicitors may commence an action for appropriate
legal and/or equitable relief in the appropriate court of competent
jurisdiction.
[Added 12-14-1994 by Ord. No. 115]
In all cases in which it shall be necessary
for a representative of Athens Township to make an inspection of any
sewer connection called for under this article, and said user or owner
shall have not been assessed or paid any other fee for the tap-in,
then there is hereby levied an inspection fee hereby set by the Township
from time to time, which sum shall be paid to the party who shall
perform said inspection as reimbursement for the work performed therefor.
[Amended 8-28-1996 by Ord. No. 128; 5-28-1997 by Ord. No.
133; 10-27-1999 by Ord. No. 159; 9-29-2004 by Ord. No. 190]
Any user who is found to have violated an order
of the Authority or who willfully or negligently fails to comply with
any provision of this article or of any orders, rules, regulations,
or permits shall be guilty of a summary offense. Upon conviction thereof,
such offender shall be subject to a fine of not less than $300 nor
more than $600, plus costs for each offense, or in default thereof,
shall undergo imprisonment for not more than 30 days. Each day on
which a violation shall occur or continue shall be deemed a separate
and distinct offense. In addition to the penalties provided herein,
the Authority may recover reasonable attorney's fees, costs and other
expenses of litigation as allowed by law in an appropriate legal action
against the person or persons found to have violated this article
or the orders, rules, regulations or permits issued hereunder.
Any person who knowingly makes any false statements,
representation or certification in any application, record, report,
plan or other document filed or required to be maintained pursuant
to this article or a wastewater contribution permit or who falsifies,
tampers with or knowingly renders inaccurate any monitoring device
or method required under this article shall, upon conviction, be punished
by a fine of not less than $100 nor more than $300, plus costs, or,
in default thereof, by imprisonment for a term not to exceed 30 days.