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.
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.
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.
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.
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.