Town of Mamaroneck, NY Article X General Provisions

§ 173-36 Power and authority of inspectors.

A. The Superintendent, the New York State Department of Environmental Conservation or the United States Environmental Protection Agency may enter upon private lands for the purposes of inspection, observation, measurement, sampling and testing as well as for the inspection, review and copying of industrial user discharge monitoring records in accordance with the provisions of this chapter. The Superintendent shall have no authority to inquire into any processes used in any industrial operation not having a direct bearing on the kind and source of discharge to the sewers or the on-site facilities for waste treatment.

B. Refusal to permit the entry upon private lands required to perform the necessary work referred to in this section shall be punishable by such penalties as may be prescribed under Article IX of this chapter.

§ 173-37 Protection from damages.

Any unauthorized persons who maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the Town trunk sewer system or public sewer tributary thereto shall be in violation of this chapter and subject to the penalties provided herein.

§ 173-38 Sewerage surcharge.

A. In addition to any other tax, fee, charge or sewer rent imposed or levied for the construction, maintenance, operation, repair, improvement and management of the Town trunk sewer system or any public sewer tributary thereto, the owner or lessee of any parcel of real property connected with such system or sewer, including but not limited to real property connected to such system or sewer, by means of a private sewer or drain discharge into the Town trunk sewer system or any public sewer tributary thereto, shall pay a sewerage surcharge for the use of such system or public sewer for discharging any sewage, industrial wastes and other wastes accepted for admission thereto in which the characteristics resulting from the pollutants contained therein exceed the maximum levels of such characteristics in normal sewage or wastes, as defined under Article II herein. Such surcharge will be based on formulas which reflect the costs of treatment of sewage pollutants above and beyond the maximum levels defining normal sewage.

B. Failure to pay sewerage surcharges within 45 days after receipt of a written statement assessing such charges shall constitute a violation of § 173-34 of this chapter.

§ 173-39 Action by the Superintendent; hearing.

A. Any person who is denied a license or permit under this chapter or whose license or permit is suspended or revoked pursuant to the provisions of this chapter shall have an opportunity to be heard by the Superintendent or his designee.

B. Any person aggrieved by an action of the Superintendent as specified in Subsection A of this section may request a hearing within 30 days of such decision.

C. At such hearing, such aggrieved person shall hear the reasons for the Superintendent's actions and have the opportunity to present evidence on his or her behalf.

D. Any testimony at such hearing shall be given under oath.

E. The aggrieved person may be represented by counsel.

F. A stenographic or other suitable record of such proceeding shall be maintained by the Superintendent.

§ 173-40 Federal and state statutes, rules and regulations.

Any reference within this chapter to federal or state statutes, rules or regulations shall mean such statutes, rules and regulations as exist upon the effective date of this chapter.