Chapter 164
WATER AND SEWERS
[HISTORY: Adopted by the Mayor and Council of the Town of Chestertown: Art. I, 7-6-1976 as Ord. No. 4-76; Art. II, 5-1-1978; Art. III, 8-5-1991 as Ord. No. 4-91. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction -- See Ch. 57.
Floodplain management -- See Ch. 81.
Grading and sediment control -- See Ch. 85.
Stormwater management -- See Ch. 142.
ARTICLE I
General Regulations
[Adopted 7-6-1976 as Ord. No. 4-76]
~ 164-1. Definitions.
As used in this Article, the following terms shall have the meanings indicated:
CONSUMER -- An applicant for service receiving water and/or sewer service at one (1) household or business and who is assessed by the town for the property thereon.
LATERAL -- The line from the main to the consumer.
LOT -- Any vacant land on which no revenue unit is located or which is described in a deed separate from any lot on which a revenue is located.
MAIN -- The town-owned piping and fixtures in or along public highways and streets or along private owned rights-of-way used for the transmission or distribution of water or the supplying of sewer service to consumers.
PERSONS -- Any person, firm, association or corporation.
TOWN -- The Town of Chestertown, or its duly authorized officers or agents.
~ 164-2. Water meters.
A. Meters required. All premises using the town water supply must be equipped with an adequate water meter. The cost of installation of the meters shall be paid for by the consumer.
B. Installation. Meters shall be installed in a location that will be of easy access. Inside meters require written permission of the Utilities Manager.
C. Reading meters. The Utilities Manager shall read or cause to be read every water meter used in the town at such times as are necessary for the bills to be sent out at the proper time.
D. Testing meters. Any municipal water meter shall be taken out and tested upon complaint of the consumer and upon payment of a fee of thirty dollars ($30.). If upon test the meter is not within three percent (3%) of being accurate, it shall be repaired or replaced and the fee returned to the consumer. [Amended pursuant to Ord. No. 1-88, adopted 2-16-1988]
~ 164-3. Rates.
A. The rates per revenue unit and the usage charges for water and sewer service shall be as determined by the Mayor and Council and may be changed from time to time by ordinance as is necessary to operate the utilities system. A revenue unit is equivalent to one (1) residential usage. The town shall have the right to set and establish how many revenue units are located in each individual structure.
B. If for some reason only one (1) service is provided, either water or sewer, the town will charge such rate as it deems equitable under the then-existing circumstances.
C. When the Mayor and Council, sitting as the Utilities Commission, has determined that an individual water and sewer customer (user) produces a significant portion of the revenue for water and sewer and when the Mayor and Council, sitting as the Utilities Commission, has determined that it is in the best interest of the town, the citizens and the customer involved, the Mayor and Council may remove that customer from the standard water and sewer rate schedule and make a separate contract with the customer involved. [Added 6-18-1979 by Ord. No. 3-79]
~ 164-4. Billing procedures; payment of charges.
A. Billing will be rendered quarterly and is payable within thirty (30) days after that date. All bills unpaid after thirty (30) days shall be subject to a penalty of eight-tenths percent (0.8%) per month or portion thereof of the total bill for each and every month.
B. Property owners will receive the bill and be responsible for payment of charges for all services provided by the Chestertown utilities.
~ 164-5. Action upon nonpayment of water and/or sewage charges.
The water supply may be shut off from any premises for which the water and sewage bill remains unpaid for a period of thirty (30) days after the bill is rendered. When shut off, water shall not be turned on except upon payment of the usual fee for turning on water, such being in addition to bringing all accounts to date. As to consumers supplied with sewage disposal service only, all sewage service may be discontinued for any premises for which the sewage bill remains unpaid for a period of thirty (30) days after the bill is rendered. If any expenses are incurred by the town by way of the discontinuance of this service, it shall not be reinstated until the costs of discontinuance and reinstallation of service are paid.
~ 164-6. Curtailment and/or regulation of water usage; notification.
The town is hereby authorized and empowered, whenever in its judgment it shall think it necessary for the preservation of public health and safety, to suspend, curtail, regulate and prohibit the use of water from the municipal water system of the town for the operation of fountains, swimming pools, pavements, streets, lawns, flowers, shrubbery, gardens, etc., and for washing automobiles and other vehicles and to regulate, curtail or prohibit the use of water for any purposes other than ordinary domestic, household and culinary purposes. The town is hereby authorized and empowered to give reasonable notice, whenever possible, to all consumers of water to curtail, regulate or refrain from the use of water for all or any of the purposes specified in this section.
~ 164-7. Discontinuance of services; restoration of service charge.
A. Discontinuance by consumer. Whenever the consumer desires to have his sewer service terminated or his water service discontinued, he shall so notify the town in writing. Until such notice is received by the town, the consumer shall be responsible for the payment of all services rendered by the town. A reasonable time after the receipt of such notice shall be allowed the town for the taking of a final reading of the meter and for the discontinuing of water and sewer service, provided that the meter is removed. This shall not be applicable to regular and bona fide consumers, who shall still pay their respective individual quarterly rate, but under certain circumstances and exceptions may be allowed in the discretion of the town. The town reserves the right to approve or reject any discontinuance application in its sole discretion.
B. Discontinuance by the town. Water or sewage service may be discontinued by the town for any one (1) of the following reasons:
(1) Misrepresentation in applications.
(2) Willful waste of water.
(3) Failure to comply with restrictions imposed under ~ 164-6 of this chapter.
(4) Molesting town property or seals on appliances.
(5) Vacancy, and in this case the minimum rate charge will apply.
(6) Nonpayment of bills when due.
(7) Cross-connecting the town's service pipe with any other supply source.
(8) Refusal of reasonable access to property to determine whether residential or commercial usage exists.
C. Reconnection charge. When water has been turned off or sewer service discontinued from any premises for any of the above reasons or for any other premises for any of the above reasons or for any other violation of the town's rules, a charge will be made for restoring service in the amount of the actual cost of turning on the water or reconnecting sewerage service; except, however, that the minimum charge shall be thirty dollars ($30.). [Amended pursuant to Ord. No. 1-88, adopted 2-16-1988]
~ 164-8. Water service regulations generally.
A. Persons authorized to turn on service. No water from the town water supply shall be turned on for service into any premises by anyone but the Manager of the Chestertown Utilities or some person authorized by him to perform this service.
B. Application requirements. Application to have water turned on shall be made, in writing, to the town and shall contain an agreement by the applicant to abide by and accept all of the provisions of this Article as conditions governing the use of the town water supply and/or wastewater by the applicant.
C. Plumbing subject to state or county regulations. No water shall be turned on for service in premises in which the plumbing does not comply with state or County Health Department regulations, provided that water may be turned on for construction work in unfinished buildings, subject to the provisions of this Article.
D. Resale prohibited. No water shall be resold or distributed by the recipient thereof from the town supply to any premises other than that for which application has been made and a meter installed, except in the case of an emergency.
E. Tampering. It shall be unlawful for any person not authorized by the town to remove, tamper with, alter or injure any part of the town waterworks or water supply system or any meter or any part of the town sewerage system or sewage treatment facility.
F. Conditions for application acceptance. No application for service will be accepted by the town until the applicant has paid or made satisfactory arrangements to pay all arrears and charges due by the applicant to the town at any premises now or heretofore occupied by him.
~ 164-9. Connection requirements; water or sewer main extensions.
A. Application requirements.
(1) Every person desiring to connect into the wastewater system shall apply, in writing, to the town for permission to so connect, and no connection shall be made until such application shall have been approved by the town. Every application shall contain an agreement by the applicant to abide by and accept all of the provisions of this Article as conditions governing connections into the municipal sewerage system.
(2) Applications for service installations for water or sewers will be accepted subject to there being an existing main in a right-of-way abutting on the premises to be served.
B. Extensions. Any extension of either a water main or a sanitary sewer main shall be at the sole expense of the property owner requesting the service, provided that should the excess extension footage be subsequently utilized for additional taps or connections, then the costs of such excess footage or some applicable portion thereof shall be refunded if utilized within five (5) years from the date of installation, and provided, further, that the provisions of this section relating to extensions of either a water main or sanitary sewer main shall not apply to an extension constructed for a shopping center, housing development, apartment building or industrial plant or area or similar use, but the request of each such applicant for such extension shall be individually considered by the town.
~ 164-10. Time limit for connections; abandonment of private sewage receptacles; noncompliance.
A. Connection of fixtures. When any water main or sanitary sewer main is declared ready for operation by the town and reasonable notice given, all abutting property owners shall, within six (6) months, connect all fixtures with the water or sewer main, or both the water and sewer mains where both mains are available.
B. Abandonment of privies, cesspools and similar receptacles. Upon notification that the sewerage system is operational, all property owners shall, within six (6) months, at their own expenses, abandon, clean out, disinfect and permanently fill up their respective privy vaults, cesspools and other drainage or sewage receptacles with clean, fresh earth, provided that clean ashes or some other approved material may be used with the permission of the town.
C. Action upon noncompliance. Should any owner of any such property refuse, neglect or fail to comply with any of the terms and requirements of said notice within the time therein stated, then upon the expiration of the time stated, the town, its servants, agents and employees are hereby empowered and directed to enter upon said premises and to perform all the work required of said owner of said property and to supply all the material needed therefor at the expense of said owner, and upon the completion of said work, the cost thereof, including the cost of said materials and all expenses incurred, may be recovered by the town from said owner by suit or otherwise, if necessary, but in the discretion of the town, no owner or other person in default under the provisions of this Article shall be permitted any use of said sewers or water or any part thereof until security, adequate in the judgment of said town, shall be given for the full payment and satisfaction of all costs and expenses incurred in any manner by it, for the benefit of such owner or other person, under the provisions of this Article. In addition thereto, said owner who shall refuse, neglect or fail to comply with any of the terms and requirements of said notice shall be considered guilty of a municipal infraction, for each day until the terms and requirements of said notice are fully complied with, subject to a penalty as provided in ~ C11-4B of the Charter.
~ 164-11. Connection/tapping fees.
A. In-town connections. The cost of installation of the water service lines and sewer service lines from the main to the curbline shall be at the expense of the property owner. The town reserves the right to require a deposit sufficient to cover the estimated cost of installing said lines. [Amended pursuant to Ord. No. 1-88, adopted 2-16-1988]
B. Out-of-town connections. As to all persons residing outside the town limits to whom service is furnished, whether both water and sewers or either of them, they shall pay, in addition to the connection fee for each in cases where only one (1) service is available, the actual cost of installation of the service connections. The town reserves the right to require a deposit sufficient to cover the estimated cost of materials and of installing said lines.
~ 164-12. Connection installations; standards for water service pipes.
A. The connections, water and/or sewer, from the main(s) line to the building shall be installed at the expense of the owner of the premises. For this installation, the owner or applicant shall employ a registered plumber to do the work, shall obtain all necessary permits and shall abide by all applicable laws and regulations pertaining to such an installation. The materials and method of construction shall be approved by the town, and if the connection has not been installed in accordance with the town's requirements, water will not be turned on nor sewer service furnished until such defects have been remedied. The connection between the main(s) and the building and all piping and fixtures on or in the building of the owner or applicant shall be maintained by him and the work performed by a registered plumber in a manner satisfactory to the town.
B. All water service pipes to the building shall have a minimum cover of three and one-half (31/2) feet. All water service pipes to the building shall have a minimum cover of three and one-half (31/2) feet for any open excavation or fault and/or shall conform with the Kent County Plumbing Code.
C. Every water service pipe must be provided with a curb stop on the inside of the curbline which is easily accessible and fully protected from freezing.
~ 164-13. Effect of provisions on new construction.
From the time this Article becomes effective, no new construction within the town limits which will require water and sewers shall be commenced or permitted unless satisfactory arrangements are made to connect to the municipal water and sewerage system.
~ 164-14. Continuance of wells upon installation of public water system.
After the property owners have been advised that the water system is operational and a water main has been installed in the public way upon which said property fronts, the town may order existing wells to be abandoned and closed and shall order all wells found to be polluted or a menace to health to be abandoned and closed.
~ 164-15. Rates and/or charges constitute lien.
All rates and/or charges referred to in this Article and hereinbefore or hereinafter mentioned shall constitute a lien on the real estate served and shall be collectible in the same manner as town taxes, special assessments or a suit at law.
~ 164-16. Discharge of rainwater or wastewater into sewerage system prohibited; penalty.
It shall be unlawful to discharge rainwater or other wastewater, which usually is conveyed by storm sewers, into the sanitary sewerage system of the Town of Chestertown, and the penalty for violation of the foregoing shall be, after written notification has been received, as provided in ~ C11-4B of the Charter.
~ 164-17. Discharge of harmful substances.
A. Prohibited substances. It shall be unlawful to permit or cause the flow of any of the following substances into the sanitary sewerage system of the town, unless special treatment is approved in writing by the Town Engineer:
(1) Any grease, fatty material, offal or garbage on a commercial basis that is not first approved by the town.
(2) Any stone dust, sand, dirt, gravel, sawdust, metal filings, broken glass or any material which may cause or create an obstruction in the sewer.
(3) Gasoline, benzine, fuel oil or any petroleum products or volatile liquids.
(4) Milk or any liquid milk waste products in quantities in excess of ten (10) gallons during each twenty-four-hour period.
B. Chemicals. It shall be unlawful to cause or permit to flow into the sanitary sewerage system any cyanide, phenols or any other chemical or substance which interferes with or prevents the functioning of the sewage treatment plant.
~ 164-18. Installation of interceptors.
A. Every building or premises used or occupied by any sewer user where any commercial or industrial operations are conducted or permitted which result in the discharge into the sanitary sewerage system of the town of any of the products, waste products or other substances in the manner and to the extent prohibited in this Article shall be equipped with an adequate and suitable catch basin, grease trap, filter or other interceptor installed in such a manner that the products, waste products or other substances herein set forth will not flow into or be discharged into the sanitary sewerage system.
B. It shall be unlawful to permit the flow of waste from such building or premises into the sanitary sewerage system unless such interceptor is installed and in good working order and approved by the Town Health Department or local health department.
~ 164-19. Maximum limits established for biochemical oxygen demand and suspended solids; pretreatment facilities.
The admission into the public sewers of any waters or wastes having five-day biochemical oxygen demand greater than two hundred (200) parts per million or containing more than three hundred fifty (350) parts per million by weight of suspended solids or having an average daily flow greater than two percent (2%) of the average daily sewage flow of the town shall be subject to the review and approval of the town. Where necessary, the owner shall provide, at his expense, such preliminary treatment as may be necessary to reduce the biochemical oxygen demand to two hundred (200) parts per million and the suspended solids to three hundred fifty (350) parts per million by weight or reduce the objectionable characteristics or constituents to within the maximum limits provided for in this section or control the quantities and rates of discharge of such waters or wastes. Plans, specifications and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the Engineer, and no construction of such facilities shall be commenced until said approvals are obtained in writing.
ARTICLE II
Utility Rate Schedules
[Adopted 5-1-1978; amended 2-16-1988 by Ord. No. 1-88]
~ 164-20. Water and sewer rates. [Amended 8-17-1992 by Ord. No. 4-92]
Water and sewer rates shall be as follows:
Total
Water/
Water Sewer Sewer
Residential
Minimum $12.00 per quarter $15.00 per quarter $27.00
(up to 10,000 (up to 12,500
gallons) gallons)
Gallons rate $1.20 per 1,000 $1.20 per 1,000 $2.40
per
1,000
Out-of-town 2 times in-town rate
Commercial,
industrial
and all others
Minimum $25.00 per quarter $25.00 per $50.00
(up to 16,660 quarter per
gallons) (up to 16,660 quarter gallons)
Gallons rate $1.50 per 1,000 $1.50 per 1,000 $3.00
per
1,000
Out-of-town 2 times in-town rate
NOTES:
1. The determination of sewer is based upon metered water.
2. A special rate for the Kent County Sanitary Commission is one and five-tenths (1.5) times in-town rate by separate agreement.
3. Commercial haulers shall pay five dollars ($5.) per 1,000 gallons or part thereof.
4. Multiple apartments or trailers on the same water meter pay a minimum of fifteen dollars ($15.) for each apartment or trailer.
5. Multiple offices on the same water meter pay a minimum of twenty-five dollars ($25.) minimum for each office.
~ 164-21. (Reserved)
~ 164-22. Tapping fees.
The tapping fees schedule shall be as follows:
Tapping Fees Schedule
In-Town Water and Sewer Prices
Water tap permit $1,500.00
Sewer tap permit 1,500.00
Curb box, 36 x 48 inches 60.00
Meter box (3 pieces), 5/8-inch 40.00
Meter yoke, 5/8 x 3/4 inches 45.00
1-inch curb stop 35.00
---------
$3,180.00
-----------------------------------------------------------------
1-inch meter box $ 75.00
1-inch meter yoke 70.00
Replace meter bottom 25.00
Water turn off/on 30.00
Meter reading fee 10.00
Testing meter (customer request) 30.00
(Same charges for out of town)
-----------------------------------------------------------------
Out-of-Town Water and Sewer Prices
Water tap permit $3,000.00
Sewer tap permit 3,000.00
Curb box, 36 x 48 inches 60.00
Meter box, 5/8- inch 40.00
Meter yoke, 5/8 x 3/4 inches 45.00
Curb stop 35.00
-----------
$6,180.00
NOTES:
The above charges do not include the cost of:
1. Bringing water and sewer from the street to inside the curb, opening, closing and paving street. (Ask for quote from Utilities Commission Manager.)
2. Installing meter box and running water and sewer from inside curb to building. (Contact your plumber.)
~ 164-23. Hookup fees.
Hookup Fees Schedule
Unit(s) of
Category Multiplying Factor Equivalency
Apartment Per apartment 1
Auto dealership 2
Bar or cocktail lounge Per 25 seats 1
(no food)
Barber shop 1
Beauty shop 1.5
Car wash (nonautomatic) 4
Car wash (automatic) 1 extra unit
for each bay
over first
Church or church hall 1
Clinic Per 2 doctors 1.5
Club, private Restaurant charge and/ 1
or 1 unit per 8 fixtures
Dental office 2
Doctor's office (maximum 1.5
2 doctors)
Dormitory Per 10 occupants 1
Dormitory (apartment) Per apartment 1
Dry cleaners Per 100 pounds' 1
capacity
Factory (sprinklers Per 40,000 square feet 2
extra) or fraction
Garage (car wash extra) 2
Gas station (car wash 2
extra)
Hospital Per 10 beds 1
Hotel Per room 0.5
Laundromat Per 100 pounds 1
capacity
Laundry (commercial) Per 100 pounds 1
capacity
Library 1
Marina Per 10 slips 1
Mobile home Per mobile home 1
Motel Per room 0.5
Nursing homes Per 10 beds 1
Office Per 8 plumbing fixtures 1
Residence 1
Restaurant (non-drive-in) Per 25 seats, plus 1 1
extra for drive
through
Restaurant (drive-in) 3
Retail stores Per 3,000 square feet 1
School Per 40 students 1
Sprinkler Per 40,000 square feet 1
or fraction
Theater 2.5
Theater (drive-in) Per 30 car spaces 1
Veterinary hospital Per 20 animals 1
Warehouse Per 8 fixtures 1
~ 164-24. General sewer system user information. [Added 8-5-1991 by Ord. No. 4-91]
A. Any user discharging pollutants that increase the costs of treating or managing the effluent or sludge shall pay said costs as required by ~ 164-37 of this chapter.
B. All funds generated for operation and maintenance by the town will be used for operation and maintenance.
C. All revenues produced from the wastewater treatment plant properties will be used to offset the costs of operation and maintenance and reduce all user charges.
D. The costs of extraneous flow, such as I/I, will be evenly spread among all users.
E. Each user of the town sewer system will be notified, at least annually and in conjunction with a regular bill, of the rate and that portion of the user charges attributable to treatment services.
ARTICLE III
Wastewater Discharge Regulations
[Adopted 8-5-1991 as Ord. No. 4-91]
~ 164-25. Discharge reports.
The town may require that any person discharging or proposing to discharge wastewater into a public sewer file a periodic discharge report. The discharge report may include, but is not limited to, nature of process, volume, rates of flow, mass emission rate, production quantities, hours of operation, number and classification of employees or other information which relates to the generation of waste, including wastewater constituents and characteristics in the wastewater discharge. The report also may include the chemical constituents and quantity of liquid or gaseous materials stored on site even though normally they may not be discharged. In addition to discharge reports, the town may require information in the form of wastewater discharge permit applications and self-monitoring reports.
~ 164-26. Discharge permits.
A. Optional. All critical users proposing to connect or to discharge into a public sewer may be required to obtain a wastewater discharge permit before connecting to or discharging into a public sewer. For purposes of this Article, "critical user" means any user whose user classification is identified in the Standard Industrial Classifications (SIC) Manual in any of Divisions A, B, D, E and I and who:
(1) Has a discharge flow of fifty thousand (50,000) gallons or more per average workday;
(2) Has a flow greater than five percent (5%) of the flow in the town's wastewater treatment system;
(3) Has in the wastes toxic pollutants in amounts as defined in standards issued under Section 307(a) of the federal act; or
(4) Is found by the Manager to have significant impact, either singly or in combination with other contributing industries, on the treatment or collection system.
B. Application. Users seeking a wastewater discharge permit shall complete and file with the town an application acceptable to and in the form prescribed by the town and accompanied by the applicable fees.
C. Conditions. Wastewater discharge permits shall be subject to all provisions of this Article and all other regulations, user charges and fees established by the town.
D. Transfer. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises or a new or changed operation.
E. Revocation. Any user who violates the following conditions of the permit or of this Article or applicable state and federal regulations is subject to having the permit revoked:
(1) Failure of a user to report factually the wastewater constituents and characteristics of the discharge;
(2) Failure of the user to report significant changes in operations or wastewater constituents and characteristics;
(3) Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring; or
(4) Violation of conditions of the permit.
~ 164-27. Monitoring facilities.
A. The town may require the user to construct, at the user's own expense, monitoring facilities to allow inspection, sampling and flow measurement of the building sewer or internal drainage systems and also may require sampling or metering equipment to be provided, installed and operated at the user's expense. The monitoring facility normally should be situated on the user's premises, but the town, when such a location would be impractical or cause undue hardship on the user, may allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.
B. If the monitoring facility is inside the user's fence, there shall be accommodations to allow access for town personnel, such as a gate secured with a town lock. There shall be ample room in or near the sampling manhole to allow accurate sampling and compositing of samples for analysis. The manhole, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user.
C. Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the town's requirements and all applicable town construction standards and specifications. Construction shall be completed within ninety (90) days following written notification by the town, unless a time extension is otherwise granted by the town.
~ 164-28. Inspection and sampling.
The town may inspect the facilities of any user to ascertain whether or not the purpose and all requirements of this Article are being met. Persons or occupants of premises where wastewater is created or discharged shall allow the town or its representative ready access at all reasonable times to all parts of the premises for the purposes of inspection or sampling or in the performance of any of his or her duties. The town may set up on the user's property those devices necessary to conduct sampling or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with its security guards so that upon presentation of suitable identification, personnel from the town will be permitted to enter without delay for the purposes of performing their specific responsibilities.
~ 164-29. Pretreatment.
Users shall make wastewater acceptable under the limitations established in this Article before discharging to any public sewer. Any facilities required to pretreat wastewater to a level acceptable to the town shall be provided and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the town for review and shall be acceptable to the town before construction of the facility. The review of the plans and operating procedures shall in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the town under this Article. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the town.
~ 164-30. Protection from accidental discharge.
A. Each user shall provide protection from accidental discharge of prohibited materials or other wastes regulated by this Article. Protective facilities shall be provided and maintained at the user's expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the town for review and shall be acceptable to the town before construction of the facility.
B. The review of plans and operating procedures shall not relieve the user from the responsibility of modifying the facility as necessary to provide the protection necessary to meet the requirements of this Article.
~ 164-31. Accidental discharge.
A. Notice to town. Users shall notify the town immediately upon accidentally discharging wastes in violation of this section to enable countermeasures to be taken by the town to minimize damage to the public sewer, treatment facility, treatment processes and the receiving waters. This notification shall be followed, within five (5) days of the date of occurrence, by a detailed written statement describing the causes of the accidental discharge and the measures being taken to prevent future occurrence. The notification will not relieve users of liability for any expense, loss or damage to the sewer system, treatment plant or treatment process or for any fines imposed on the town on account of damage to the sewer system, treatment plant or treatment process.
B. Notice to employees. In order that employees of users be informed of town requirements, users shall make available to their employees copies of this Article, together with other wastewater information and notices which may be furnished by the town from time to time directed toward more effective water pollution control. A notice shall be furnished and permanently posted on the user's bulletin board advising employees who to call in case of an accidental discharge in violation of this Article.
C. Preventive measures. Any direct or indirect connection or entry point for persistent or deleterious wastes to the user's plumbing or drainage system should be eliminated. Where that action is impractical or unreasonable, the user shall label appropriately entry points to warn against discharge of wastes in violation of this Article.
~ 164-32. Cease-and-desist order.
When the town finds that a discharge of wastewater has taken place, in violation of prohibitions or limitations of this Article or the provisions of a wastewater discharge permit, the Director of Public Works may issue an order to cease and desist and direct that those persons not complying with the prohibitions, limits, requirements or provisions:
A. Comply immediately;
B. Comply in accordance with a time schedule set forth by the town; or
C. Take appropriate remedial or preventive action in the event of a threatened violation.
~ 164-33. Correction time schedule.
When the town finds that a discharge of wastewater has been taking place in violation of prohibitions or limitations prescribed in this Article or wastewater source control requirements, effluent limitations or pretreatment standards or the provisions of a wastewater discharge permit, the town may require the user to submit for approval, with modifications as it deems necessary, a detailed time schedule of specific actions which the user shall take in order to prevent or correct a violation of requirements.
~ 164-34. Appeal.
A. Any user, permit applicant or permit holder affected by any decision, action or determination, including cease-and-desist orders, made by the Director of Public Works interpreting or implementing the provisions of this Article or in any permit issued under this Article, may file with the Director a written request for reconsideration within ten (10) days of the decision, action or determination, setting forth in detail the facts supporting the user's request for reconsideration.
B. If the ruling made by the Director is unsatisfactory to the person requesting reconsideration, the person, within ten (10) days after notification of the Director's action, may file a written appeal to the Town Council. The written appeal shall be heard by the Council within thirty (30) days from the date of filing. The Council shall make a final ruling on the appeal within thirty (30) days of the close of the meeting. The Director's decision, action or determination shall remain in effect during the period of reconsideration.
~ 164-35. Nuisance abatement.
Discharges of wastewater in any manner in violation of this Article or of any order issued by the Director of Public Works as authorized by this Article are a public nuisance and shall be corrected or abated as directed by the Director of Public Works. A person creating a public nuisance is guilty of a misdemeanor.
~ 164-36. Injunction.
Whenever a discharge of wastewater is in violation of the provisions of this Article or otherwise causes or threatens to cause a condition of contamination, pollution or nuisance, the town may petition the Circuit Court for the issuance of a preliminary or permanent injunction, or both, as may be appropriate in restraining the continuance of the discharge.
~ 164-37. Harmful or damaging discharges.
When a discharge of wastes causes an obstruction, damage or impairment to town facilities or increased costs of treating or management of effluent or sludge, the town will add the total cost of corrective action to the user charge or fee of the responsible user.
~ 164-38. Violations; termination of service.
The town may revoke any wastewater discharge permit or terminate or cause to be terminated wastewater service to any premises, if a violation of this Article is found to exist or if a discharge of wastewater causes or threatens to cause a condition of contamination, pollution or nuisance as defined in this Article. This provision is in addition to other statutes, rules or regulations authorizing termination of service for delinquency in payment.
~ 164-39. Violations and penalties.
A person, user or industry who violates this Article or a permit condition or who discharges wastewater which causes pollution or who violates any cease-and-desist order, prohibition, effluent limitation, national standard of performance, pretreatment or toxicity standard is liable for a sum not to exceed five hundred dollars ($500.) for each day in which the violation occurs or imprisonment for not more than ninety (90) days, or both.