The purpose of this chapter is to provide for
the maximum possible beneficial public use of the Town's POTW through
regulation of sewer construction, sewer use and wastewater discharges;
to provide for equitable distribution of the costs of the Town's POTW;
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 Town. This chapter provides for use of the Town's POTW, regulation of building sewer construction, control of the quantity and quality of wastewater discharged, wastewater pretreatment, equitable distribution of costs, assurance that existing customers' capacity will not be preempted, approval of building sewer construction plans, issuance of wastewater discharge permits, minimum building sewer connection standards and conditions and penalties and other procedures in cases of violation of the law.
B.
This chapter shall apply to the Town of Cheektowaga
and to persons outside the Town who are, by contract or agreement
with the Town, users of the Town's POTW.
Except as otherwise provided herein, the Town
Engineer of the Town of Cheektowaga shall administer, implement and
enforce the provisions of this chapter.
A.
Any person found in violation of this chapter or any
requirement of a permit issued hereunder may be served with a written
notice (except in the case of an emergency situation) 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 known address of the violator. Where the address is unknown,
service may be made upon the owner of record of the property involved.
B.
In the event of an emergency situation, the Engineer
or his assignee is required only to give an informal (verbal) notice
in order to immediately and effectively halt the discharge which presents
an imminent endangerment to the POTW, the environment or the health
and welfare of persons.
Any user who violates this chapter or the conditions
of permits issued under its authority shall be subject to fines determined
as follows:
A.
Any user who violates any provision of Article IV, pertaining to the introduction of pollutants into the POTW, shall be assessed a fine not to exceed $10,000 for each violation.
B.
Violations of all other provisions and rules of this
chapter or conditions of permits issued under their authority will
be subject to a fine not to exceed $500 for each violation. Such violations
include the failure to pay any fees, charges or surcharges imposed.
C.
Each day on which a violation is found to occur or
continue shall be deemed a separate and distinct offense.
D.
In addition to the penalties provided herein, the
Town may recover reasonable attorneys' fees, court costs, court reporters'
fees and other expenses of litigation by appropriate suit at law against
the user found to have violated this chapter and permits issued hereunder.
E.
When, in the opinion of the Town Engineer or the governmental
agencies having jurisdiction in the matter, a violation of this chapter
is of such a nature as to be likely to cause damage to the POTW, cause
a violation of a POTW treatment facility SPDES permit or be a menace
to the health or safety of the inhabitants of any areas served, the
Town may forthwith discontinue and sever any connections with its
sewerage system without any liability for prosecution or damages.
F.
If any user discharges into the POTW in a manner which
violates any provision of this chapter, federal or state pretreatment
requirements or any orders of the Town, the Town may initiate an action
to seek injunctive relief in a court of competent jurisdiction.
A.
All fees and charges payable under the provisions
of this chapter shall be paid to the Town Clerk. Such fees and charges
shall be as established by the Town Board.
B.
All fees, penalties and charges collected under this
chapter shall be credited to a special fund to be known as "Sewer
Use Charge Fund" and shall be used for the sole purpose of constructing,
operating or maintaining the POTW.
[Amended 12-7-2015 by L.L. No. 10-2015]
A.
The Town Engineer and/or Town Inspectors and/or the
Buffalo Sewer Authority, the New York State Department of Environmental
Conservation and/or EPA representatives, bearing proper identification,
shall be permitted to enter user properties at any reasonable time
for the purpose of inspection, observation, measurement, sampling
of the wastewater discharge and the inspection and copying of records
pertaining to wastewater discharge and pretreatment, to ensure that
discharge to the Town's POTW is in accordance with the provisions
of this chapter.
B.
The Town Engineer, and/or Town Inspectors, 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 POTW 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.
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 POTW.
Public notice shall be given in accordance with
applicable provisions of Town Law, other Town ordinances, state and
federal law prior to adoption of any amendments to this chapter.
A.
Any person aggrieved by any order or ruling of the
Town Engineer made under this chapter may seek review of said determination
by serving a notice in writing of application for review, on forms
furnished by the Town Engineer, with the Town Clerk within 30 days
of notice of said determination.
B.
At a time and place during specified hours, the Town
Board shall meet to hear complaints in relation to any determination.
