TITLE 10

PUBLIC UTILITIES

Subject Chapter

Water.............................................................................. 1

Sewera............................................................................. 2

Domestic And Industrial Wastes..................................... 3

CHAPTER 1

WATER

SECTION:

10-1-1:

10-1-2:

10-1-3:

10-1-4:

10-1-5:

10-1-1:

Unpaid Bills Wells And Pumps

Water Regulations

Water Meter Requirements

Unlawful Tampering With Fire Hydrants Or Water Meters; Theft Of Water And Other Utility Services

UNPAID BILLS:

The town may shut off water services to any premises for which the town's water and sewer fees have not been paid in full within sixty

(60) days of the water or sewer bill being mailed by the town or its agent. Once said services are shut off, the water services shall not be turned on except with the express consent of the director of public works.

Charges for water or sewer services shall be charged against the landowner of the premises and shall constitute a lien against the premises for which said services were supplied. When a bill for water or sewer services remains unpaid sixty (60) days after the said billhas been mailed, the owner of the premises to which these said services have been provided shall be notified by a notice mailed by the town or its agent that such bill is unpaid and is the liability of the landowner for payment thereof. Public notice may be made, at the discretion of the town, by filing a notice of delinquency as a lien with the Granite County clerk andrecorder.

Notwithstanding any other provision in this section, any and all legal remedies may be used by the town to collect saiddelinquentamounts owed hereunder. Interest and penalties shall accrue and be assessed on all delinquent payments hereunder in equivalent amounts as are assessed by the Granite County treasurer as real property taxes. The interest and penalties assessed for delinquent payments hereunder shall automatically be amended toremain

November 2011

equivalent to the interest and penalties for delinquent real property taxes as amended by state law. The town council, with consent of the mayor, may approve reasonable payment plans, on a case by case basis, upon a finding being made that a user of these town services is being placed under an undue economic hardship because of the cost of these said services. All open meeting and privacy laws shall be followed in all discussions before the town council regarding economic hardship requests. (Ord. 2010-2, 6-1-2010)

10-1-2 : WELLS AND PUMPS:

Connection Required; Well Registration: All water lines inside any buildings, structures, residences, business places, public buildings or the like within the corporate town limits, or any water lines used within the corporate town limits for any commercial use, shall connect only to the town water system. Any connection to the town water system shall be at the owner's sole expense. Present water wells with accompanying pumps within the corporate town limits may be retained and used for irrigation purposes only, and must be registered with the town. (Ord., 8-1-2006)

New WaterWells:

Except by variance granted by the council, new water wells shall not be created within the town limits except for irrigationpurposes.

Water wells shall not be connected in any form so that a cross connection would allow well water to enter the town's watersystem.

Variances for new and existing water wells, otherthanfor irrigation purposes, shall be granted only if strict compliance with this section will result in undue hardship and when itis not essential tothe public welfare. All variance requests shall be made in writing and submitted to the town council for decision. Notwithstanding the previous provisions in this subsection B3, the town council may determine, in its discretion, to pay one-third {' 3) of the total costs

toward a new water main being installed as the town reasonably

directs. This installation is called the water main project. The water user shall be solely responsible for paying all costs of installing the user's water service line connecting this water user, who is the variance requester, to the town's water main and water system. The one-third (\) percentage of the costs of the water main project that will be paid for by the town may be in the form of engineering, materials and/or labor as determined by the town, then the person or

November 2011

entity requesting the variance may pay the remaining two-thirds (2/3) of the total cost of the water main project and no water well variance will be granted. Upon the town determining to pay one-third (1/3 ) of the total cost of the water main project, if the variance requester

determines not to pay the rnmaining portion of the water main project, then the variance request shall automatically be deemed denied. (Ord. 2008-5, 9-2-2008)

Definitions For ThisChapter:

IRRIGATION PURPOSES:

UNDUE HARDSHIP:

Uses of water outside for lawns, gardens, plants, trees, shrubs, and the like; and "irriga tion purposes" shall not mean any human con sumption of water.

Any unreasonable hardship as determined by the council's analysis of the factors listed below in this definition. The finding of the existence of only one factor is adequate grounds for granting a variance. Factors to be considered in determining an "undue hardship" are low water pressure, the impracticality of connecting to the town's water system due to rough terrain, lack of utility easements, lack of availability of credible contractors, position of other existing utility lines, and the like. (Ord. 2008-5, 9-2-2008; amd. Ord. 2010-4, 8-3-2010)

Well; Monthly Fee: Each and every well owner, except wells used for irrigation purposes only, shall be assessed a monthly fee as set by resolution of the town council which may be amended from time totime.

Connection; Monthly Fee: A monthly assessment fee for each and every connection to the town water system shall be set by resolution of the town council which may be amended from time to time. (Ord., 8-1-2006)

Penalties: A person violating subsections A through E of this section has acted unlawfully and is guilty of a misdemeanor. A person who violates any provisions contained in subsections A through E of this section shall be subject to a fine not to exceed hundred dollars ($500.00) or imprisonment not to exceed six (6)months,orboth such fine and imprisonment for each misdemeanor offense.Each

September 201O

day a person is in violation of this chapter shall be construed as a separate misdemeanor offense. The town judge may order a water well in violation of subsections A through E of this section to be rendered unusable in accordance with all applicable administrative rules of Montana. (Ord. 2008-5, 9-2-2008)

WATER REGULATIONS: The town shall have a separate document called the "Town Of Philipsburg's Water Regula·

lions" which is fully incorporated into this section by this reference hereto. These said water regulations may be amended from time to time. (Ord., 10·2·2007)

10-1-4 : WATER METER REQUIREMENTS:

Water Meter Installation: The town of Philipsburg or its agents intend to and are authorized to install water meters in all town waterusers'

business facilities, residences, or any type of structure whether the property is either real or personal property, which includes, but is not limited to, all government offices, trailers, any type of house, condominium units, townhouse units, apartment units, duplex units, commercial buildings, garages, sheds, storage units, and unimproved or partially improved lots using water solely for irrigation. The town's water meter installation project will commence immediately upon the completion of the public bidding process, and the project shall continue indefinitely as all new water hookups to the town's water system are subject to this section. Submeters may also be required and installed according to the discretion of the town.

Location Of Meter: Except when a water meter pit is necessary as provided in this subsection, the sole expense and responsibility of all water meter installation shall be paid by the town with water user fees. If reasonably practical, all water meters shall be installed on the lowest floor inside each water user's residence or business facility. If installation of water meters in the lowest floor of a building is not reasonably practical, then the water meters shall be installed in any reasonable inside location to be determined by the town. If an inside installation is not reasonably practical, then all additional costs associated with a water meter pit shall be paid by the town. If a water user refuses a water meter to be installed inside, each water meter shall be installed in a water meter pit located on the said water user's premises in a location determined by the town. If any water user interferes with the creation of the water meter pit in any degree, then the interfering water user shall be shut off from the town's water

September 2010

10·1·4 10· 1·4

system and will not be granted a variance for a water well. If a water user refuses a water meter to be installed inside, all additional costs associated with a water meter pit that are greater than a typical water meter being installed inside shall be the sole responsibility of the water user.

Rates, Fees And Charges: The town, for providing metered water, shall establish all rates, fees, and charges for useofthetown's water system. A schedule setting such rates, fees, and charges shall be set by resolution of the town following a properly noticed public hearing. This said schedule setting rates, fees, and charges may be amended by the town, from time to time as needed, byresolution.

Maintenance: The town shall provide reasonable maintenance on all said water meters installed as required by the town. Each and every town water user shall be responsible for any damage to the water meters caused by his or her own negligence or intentional tortious acts.

Notice For Installation: The town or its agent shall provideat least five (5) calendar days' advance notice to each water user prior to entering into any residence or business for water meter installation. Regarding leaseholds, both the lessors and lessees shall be given notice as required hereunder. Notice will be provided to each water user via a written letter from the town or its agent sent via firstclass

U.S. mail. Said notice shall contain the date and time of installation, and a contact name and phone number of the person who will respond to all water users' questions.

Water Meter Accessibility: The town or its agents may enter onto all water users' premises, or into all water users' said premises if necessary, to maintain all water. meters on a continuing basis. All water meter reading equipment shall be owned by the town,andshall be maintained in reasonable working condition bythetown. The town or its agents shail give reasonable advance notice io each applicable water user prior to entering any water users' premises for water metermaintenance.

Variances: Variances from the water meter requirements in this section will only be granted upon written request of a water user andif the town concludes it is impossible to install an in housewater meter or a usable water meterpit (Ord. 2008·4, 7·1·2008)

New Hookups: Notwithstanding any other provision in thissection and regarding all new hookups to the town's water system, andall

November 2011

new town water users shall pay for their own water meter and for a master plumber to install the water meter as directed by the town. Maintenance of water meters and its associated costs shall be governed by subsections D, E, and F of this section. All necessary replacement costs for the water meters, installed pursuant to this subsection, will be paid for by the town from user fees so long as the water user did not damage the water meter due to negligence or an intentionally tortious act.

Violation: The town may shut off its water and sewer services to any person or entity in violation of this section. A violation of this section must be cured within thirty (30) days ofreceiptof the written noticeof violation from the town or its agent. Said written notice of violation shall be mailed by certified U.S. mail, return receipt requested. Further, a violation of this section that is not cured as stated in this subsection is unlawful and is a misdemeanor. (Ord.2010-3, 8-3-2010)

UTILITY SERVICES:

No Tampering With Fire Hydrants And Water Meters: It shall be unlawful and a misdemeanor for any person to knowinglyor purposely tamper with any fire hydrant or water meter owned and controlled by the town, or knowingly or purposely tamper with any parts connected to a water meter owned or controlled by the town. "Tampering" as defined herein is the unauthorized modifications, disconnects, connections, shutoffs, setting changes, reversals, and the like to any said fire hydrants or water meters or connecting parts owned or controlled by the town. If any such authorizations to modify said water meters or connecting parts are granted, then this authorization must be in writing and signed by the town's director of publicworks.

No Theft Of Utility Services: It shall be unlawful and a misdemeanor for any person to knowingly or purposely use water oranyother utility services provided by the town without paying for said use of water or other utility services, except when said use is expressly allowed. A prima facie case of violating this subsection is established if a person uses a town utility service withoutestablishinganaccount with written verification of such from the town clerk, reopens an account without written verification of such from the town clerk, or fails to pay one's town utility bill in full, including penaltiesand

November 2011

interest, that was a cause tor disconnection of services. This sub section is not intended to apply to persons who are only delinquent in paying their utility bills regarding a current account as this is covered by other town ordinance sections. Use of any facilities in a public area is not intended to be covered by this subsection.

Penalties: Each day or instance a person is in violation ofthissection shall be construed as a separate misdemeanor offense. Any such person found guilty of a misdemeanor offense underthis section shall be subject to a fine not to exceed five hundred dollars ($500.00) or imprisoned in the county jail tor up to six (6) months, or both the fine and jail time. (Ord. 2011-1,7-5-2011)

November 2011

10-2-1 10-2-1

CHAPTER 2

SEWERS

SECTION:

10-2-

Definitions

10-2-

Sewer Regulations

10-2-

Sewer Use Charges

10-2-

Sewer Maintenance Charge

10-2-

Use Of Public Sewers Required

10-2-

Private Sewage Disposal

10-2-

Building Sewers And Connections

10-2-

Public Sewers; Restrictions

10-2-

Protection From Damage

10-2-10:

10-2-11:

10-2-1:

as follows:

Inspection Penalties

DEFINITIONS: Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be

BUILDING DRAIN:

BUILDING SEWER:

COMBINED SEWER:

ENGINEER:

That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (5') outside the inner face of the building wall.

The extension from the building drain to the public sewer or other place of disposal.

A sewer receiving both surface runoff and sewage.

The town engineer of the town of Philipsburg, or his authorized deputy, agent or representative.

Town of Philipsburg

December 2008

10-2-1 10-2-1

GARBAGE:

INDUSTRIAL WASTES:

NATURAL OUTLET:

PROPERLY SHREDDED GARBAGE:

PUBLIC SEWER:

SANITARY SEWER:

SEWAGE:

SEWAGE TREATMENT PLANT:

SEWAGE WORKS:

SEWER: SHALL:

Solid wastes from the preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.

The liquid wastes from industrial processes as distinct from sanitary sewage.

Any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.

The wastes from the preparation, cooking and dispensing of food that have been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch (1/;') in any

dimension.

A sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.

A sewer which carries sewage and to which storm, surface and ground waters are not intentionally admitted.

A combination of the water carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface and storm waters as may be present.

Any arrangement of devices and structures used for treating sewage.

All facilities for co!lecting, pumping, treating and disposing of sewage.

A pipe or conduit for carrying sewage. "Shall" is mandatory; "may" is permissive.

December 2008

Town of Philipsburg

STORM SEWER OR STORM DRAIN:

SUSPENDED SOLIDS:

WATERCOURSE:

A sewer which carries storm and surface waters and drainage, but excludes sewage and polluted industrial wastes.

Solids that either float on the surface of, or are in suspension in water, sewage or other liquids; and which are removable by laboratory filtering.

A channel in which a flow of water occurs, either continuously or intermittently. (Ord. 217, 1-4-1954)

SEWER REGULATIONS: The town shall have a separate document called the "Town Of Philipsburg's Sewer

Regulations" which is fully incorporated into this section by this reference hereto. These said sewer regulations may be amended from time to time. (Ord., 10-2-2007)

SEWER USE CHARGES: All property which hereafter hooks up or avails itself of the town sewer system shall be assessed

the sum of forty dollars ($40.00) for such service, whether such sewer be private or public, as the case may be. (Ord. 216, 8-3-1953)

10-2-4 : SEWER MAINTENANCE CHARGE:

Each water user of the town shall be assessed the sum of fifty cents ($0.50) per month for each three dollars ($3.00) multiple monthly water assessment charge, or fraction thereof;provided,however, that all bars, service stations and garages now using thewater system of the town shall be assessed a flat rate of one dollar ($1.00) per month per wateruser.

Five dollars ($5.00) per month is the maximum amount to be assessed any water user on any one building for saidsewagecharge.

Any person who shall fail to pay said sewage charge within ten (10) days from the date of the assessment thereof as determined by the date of billing, shall, after ten (10) days' notice of delinquency, be subjecttoterminationoftheirwatersupply.(Ord.236,6-6-1961)

10-2-5 : USE OF PUBLIC SEWERS REQUIRED:

It shall be unlawful for any person to place, deposit or permit to be deposited in an unsanitary manner upon public or private property within the town or in any area under the jurisdiction of the town, any human or animal excrement, garbage or other objectionablewaste.

It shall be unlawful to discharge to any natural outlet within the town or in any area under the jurisdiction of the town, any sanitary sewage, industrial wastes or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.

Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal ofsewage.

The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purpose, situated within the town and abutting on any street, alley or right of way in whichthere is now located or may in the future be located a publicsanitary or combined sewer of the town, is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provi sions of this chapter, within ninety (90) days after dateofofficial notice to do so, provided that said publicseweriswithinone hundred feet (100') of the property line. (Ord. 217,1-4-1954)

10-2-6 : PRIVATE SEWAGE DISPOSAL:

Where a public sanitary or combined seweris notavailableunder the provisions of subsection 10-2-5D of this chapter, the building sewer shall be connected to a private sewage disposal system complying with the provisions of thissection.

Before commencement of construction of a private sewage disposal system the owner shall first obtain a written permit signed by the engineer. The application for such permit shall be made on a form furnished by the town, which the applicant shall supplement by any plans, specifications and other information as are deemed necessary by the engineer. A permit and inspection fee of five dollars ($5.00) shall be paid to the engineer at the time the application isfiled.

A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the engineer. He shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the engineer when the work is ready for final inspection and before any underground portions are covered. The inspection shall be made within forty eight (48) hours of the receipt of notice by the engineer.

No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than fifteen thousand (15,000) square feet. No septic tankor cesspool shall be permitted to discharge to any public sewer or natural outlet.

At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in subsection 10-2-5D of this chapter, a directconnectionshallbe made to the public sewer in compliance with this chapter, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitablematerial.

The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the town. (Ord. 217,1-4-1954)

10-2-7 : BUILDING SEWERS AND CONNECTIONS:

No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from theengineer.

There shall be two (2) classes of building sewer permits: 1) for residential and commercial service; and 2) for service to estab lishments producing industrial wastes. In either case,the owneror his agent shall make application on a special form furnished by the town. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the engineer. A permit and inspection fee of ten dollars ($10.00) for a residential or commercial building sewerpermitand ten dollars ($10.00) for an industrial building sewer permit shall be paid to the town engineer at the time the application isfiled.

c. All costs and expense incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the town from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

Old building sewers may be used in connection with new buildings only when they are found, on examinationand test by theengineer, to meet all requirements of thischapter.

The size and slope of the building sewer shallbesubjecttothe approval of the engineer, but in no eventshallthediameterbeless than six inches (6"). The slope of such sixinch(6")pipeshall be not less than one-eighth inch perfoot.
Whenever possible the building sewer shall bebroughttothe building at an elevation below the basement floor. No building sewer shall be laid parallel to or within three feet (3') of any bearing wall, which might thereby be weakened. The depth shall be sufficient to afford protection from frost. The building sewer shall be laidatuniform grade and in straight alignmentinsofaras possible. Change in direction shall be made only with properly curved pipe andfittings.

In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such drain shall be lifted by approved artificial means and discharged to thebuilding

sewer.

All excavations required for the installation ofa building sewershall be open trench work unless otherwise approved bytheengineer. Pipe laying and backfill shall be performed in accordance with the ASTM specification C12-19 except that no backfillshallbe placed until the work has beeninspected.

All joints and connections shall be made gaslight andwatertight.

Cast iron pipe joints shall be firmly packed with oakumorhemp and filled with molten lead, federal specification QQ-L-156, not less than one inch (1") deep. Lead shall be run in one pouringandcaulked tight. No paint, varnish or othercoatingsshall be permitted on the jointing material until after the joint has been tested and approved.

All joints in vitrified clay pipe or between such pipeandmetals shall be made with approved hot poured material or cement mortar as specifiedbelow.

Material for hot poured joints shall not softensufficientlytodestroy the effectiveness of the joint when subjected toatemperature of one hundred sixtydegreesFahrenheit(160°F), nor be soluble in any of the wastes carried by the drainage system. The joint shall first be caulked tight with jute, hemp or similar approved material.

Cement joints shall be made by packing a closely twisted jute oroakum gasket of suitable size to fill partly the annular space between the pipes. The remaining space shall be filled and firmly compacted with mortar composed of one part Portland cement and three(3) parts mortar sand. The material shall be mixed dry; only sufficient water shall be added to make the mixture workable. Mortarwhichhas begun to set shall not be used or retempered. Lime putty or hydrated lime may be substituted to the extent of not morethan twenty five percent (25%) of the volume of the Portland cement that may beadded.

Other jointing materials and methods may be used onlyby approval of theengineer.

The connection of the building sewer into the public sewer shall be made at the "Y" branch, if such branch is available at a suitable location. If the public sewer is twelve inches (12")indiameteror less, and no properly located "Y" branch is available, the owner shall at his expense install a "Y" branch in the public sewer at the location specified by the engineer. Where the public sewer is greater than twelve inches (12") in diameter, and no properly located "Y" branch is available, a neat hole may be cut into the public sewer to receive the building sewer with entry in the downstream direction at an angle of about forty five degrees (45°). A forty five degree (45°) ell may be used to make such connection, with the spigot end cut so as not to extend past the inner surface of the public sewer. The invert of the building sewer at the point of connection shall be at the same or at a higher elevation than the invert of the public sewer. A smooth, neat joint shall be made, and the connection made secure and watertight by encasement in concrete. Special fittings may be used for the connection only when approved by the engineer.

The applicant for the building sewer permit shall notify the director of public works when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the engineer or hisrepresentative.

All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in amanner

satisfactory to the town. (Ord. 217, 1-4-1954)

10-2-8 : PUBLIC SEWERS; RESTRICTIONS:

No person shall discharge or cause to be dischargedanystorm water, surface water, ground water, roof runoff, subsurface drainage, cooling water or unpolluted industrial process waters to any sanitary sewer.

Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the engineer. Industrial cooling water or unpolluted process waters may be discharged upon approval of the engineer, to a storm sewer,combined sewer or naturaloutlet.

Except as hereinafter provided, no personshall dischargeorcause to be discharged any of the following described waters or wastes to any publicsewer:

Any liquid or vapor having a temperature higher than one hundred fifty degrees Fahrenheit(150°F).

Any water or waste which may contain more than onehundred

(100) parts per million, by weight, of fat, oil or grease.

Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid orgas.

Any garbage that has not been properlyshredded.

Any ashes, cinders, sand, mud, straw, shavings,metal,glass, rags, feathers, tar, plastics, wood, paunch manure or any othersolid or viscous substance capable of causing obstruction to the flow in sewers, or other interference with theproperoperationofthe sewageworks.

Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment

process, constitute a hazard to humans or animals, or create any hazard in the receiving waters of the sewage treatment plant.

Any waters or wastes containing suspended solids of such character and quantity that unusualattention or expense is required to handle such materials at the sewage treatmentplant.

Any noxious or malodorous gas or substancecapableof creating a publicnuisance.

Grease, oil and sand interceptors shall be provided when, in the opinion of the engineer, they are necessary forthe properhandlingof liquid wastes containing grease in excessive amounts, or any flammable wastes, sand and other harmful ingredients, except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the engineer, and shall be located as to be readily and easily accessible for cleaning andinspection.

Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight and equipped with easily removable covers which when bolted in place shall be gaslight and watertight.

Where installed, all grease, oil and sand interceptors shall be maintained by the owner, at his expense, in continuously efficient operation at all times.

F. Where preliminary treatment facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation, by the owner at his expense. (Ord. 217, 1-4-1954)

PROTECTION FROM DAMAGE: No unauthorized person shall maliciously, wilfully or negligently break, damage,

destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the municipal sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct. (Ord. 217, 1-4-1954)

10-2-1O: INSPECTION: The engineer and other duly authorized employees of the town bearing proper credentials and identifi-

December 2008

10-2-10 10-2-11

cation shall be permitted to enter upon all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter. (Ord. 217, 1-4-1954)

10-2-11: PENALTIES:

Any person found to be violating any provision of this chapter except section 10-2-9 of this chapter shall be served by the townwith

written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. (Ord. 217, 1-4-1954)

Any person who shall continue any violation beyond the time limit provided for in subsection A of this section has acted unlawfully and shall be guilty of a misdemeanor. Eachdaya person in is violation, as described in subsection A of this section, shall be construed as a separate misdemeanor offense. (Ord. 2008-5,9-2-2008)

Any person violating any of the provisions of this chapter shallbecome liable to the town for any expense, loss or damage occasioned the town by reason of such violation.(Ord.217, 1-4-1954)

December 2008

CHAPTER 3

DOMESTIC AND INDUSTRIAL WASTES

SECTION:

10-3-1:

10-3-2:

10-3-3:

10-3-4:

10-3-5:

10-3-6:

10-3-1:

them:

Definitions

Industrial Waste Permit Sanitary Sewage Permit Harmful Substances Prohibited Disposal Charges

Violation

DEFINITIONS: As used in this chapter, the following terms and phrases shall have the meanings herein ascribed to

INDUSTRIAL WASTES:

SANITARY SEWAGE:

Liquids and/or solids contained within a liquid, other than sanitary sewage, and discharged into either the industrial waste system or sanitary sewage system.

Waste discharging into the town sewage system and which contains human or animal excreta. (1972 Code)

10-3-2 : INDUSTRIAL WASTE PERMIT:

It shall be unlawful for any person to discharge industrial wastes into the sewer system of the town without first obtaining a permit to do so from the council. Application for a permit to discharge such wastes shall be in writing and shall contain the followinginformation:

Name and address ofapplicant.

Proposed location ofconnection.

Estimated gallonage of wastes proposed to be discharged, time of peak loads and other similardata.

Character of waste proposed to bedischarged.

Tonnage of produceto be processed.

Other information as may be deemed to be necessary by the town engineer.

Upon receipt of an application as provided, the town council shall promptly make such investigation as it deemsnecessary.

In the event that the town council finds and determinesthat:

The industrial waste pipeline in which the connection isto discharge has sufficient unused carrying capacity for thedispositionof thesewastes;

The character of the wastes proposed to be discharged by the applicant is such that they can successfully be treated in the town industrial wasteplant;

Such wastes will not result in damage to the industrial waste system, then it shall issue a permit to the applicantas requested.

The council, in its discretion, and toward the endoffulfillingthe intent and purpose of this chapter, may grant an application in part only and may prescribe conditions with respect to discharge of such wastes into such sewerage system and/or town waste pipelines, and may require treatment thereof by applicants, the maintenance of individual screens, to collect waste products and/or may require the construction and use of tanks designed to equalize flow and reduce peakload.

In the event that after the granting of a permit, as provided herein, it shall develop, for any cause whatsoever that it becomesnecessary

or desirable to change the conditions prescribed at the time of issuing said permit, then the town council may revoke said permit or may impose further conditions with respect thereto. (1972 Code}

10-3-3 : SANITARY SEWAGE PERMIT:

It shall be unlawful for any person, other than the director of public works to commence or make any connection with any publicorhouse connection sewer or to do or cause to be done, or to construct or cause to be constructed, or to use or cause to be used, or to alter or cause to be altered, any public or house connection sewer within the town without first obtaining a permit from the director of public works.

A fee of forty dollars ($40.00) shall be paid the plumbing inspector at the time an application for permit is filed under the provisions of this section. In the event such application is granted,saidfeeshall entitle the permittee to one inspection and also the replacement ofany blacktop which may be removed in making suchconnection.

Rates and charges for domestic sewage disposal service are hereby established as hereinafter set forth. The charges herein fixed for any premises shall be billed and collected with the charges and rates for town utility services furnished by the town to said premises. Said charges herein fixed shall be due and payable in advance at thesame time that such charges for town utility services are due and payable.

In the event the premises to be charged for sewerservice shall notbe connected to the water distribution system, thenandinthat event, the public works department shall bill and collect for the appropriate sewer servicecharges.

All sewer service revenues collected, shall be retained by the town regardless of the date of termination of sewer service and no rebates will be made for mid-monthdisconnection.

A ten percent (10%) penalty charge shall be added to the total bill if payment is not made before the fifteenth day of the month foliowing the presentation of the bill.

Charges for services and facilities furnished by the town shall constitute a lien against the lot or parcel of landagainstwhichcharge is imposed if such charges remain delinquent for a period of sixty (60)days.

In the event the owner, occupant or lessee of premises connected to the sewer system shall fail to pay the sewer service charges herein provided by the fifteenth day of the month following presentationof a

bill therefor, the town may, in addition to all of the remedies it may have, discontinue furnishing sewer service by means of water service disconnection, and shall not resume the same until all delinquent charges and penalties hereunder, together with any service charge necessitated by the resumption of sewer service, have been fully paid.

I. As an alternative to any of the other procedures herein provided or given by law, the town may bring an action against the owner, occupant or lessee of the premises to whom the service was rendered for the collection of the amount of the delinquent rate and all penalties and costs of collection including reasonable attorney fees.

Revenues derived under .the provisions of this chapter shall be used for the acquisition, construction, reconstruction, maintenance and operation of water systems and sanitation or sewage facilities, to repay principal and interest on bonds issued for the construction or reconstruction of such water systems and sanitary or sewage facilities and to repay federal or state loans or advances made to the town for the construction or reconstruction of water systems and sanitary or sewage facilities; provided, however, that such revenue shall not be used for the acquisition or construction of new local street sewers or laterals as distinguished from main trunk, interceptor and outfall sewers. (1972 Code)

any person to place any of the following substances in any public sewer, sewer pipe, manhole or industrial waste pipeline of the town:

Any fats, grease or similar substances, except where the same shall be incidentally contained in domestic sewage from privatehouses.

Sand, dirt, mud or other similarsubstances.

Crude oil, petroleum, kerosene or any product of crude oil, petroleum or any substances of which the same forms a constituentpart.

Any industrial wastes which contain more than one thousand (1,000) parts per million of suspended solids, or which have a pH lowerthan

6.5 or a pH higher than 8.0, or which contain particles the size of which are greater than will pass through a twenty (20) mesh screen, or which contain sulfides, or which contain any substance which is

deleterious to the public sewerage system or industrial waste pipeline of the town. (1972 Code)

DISPOSAL CHARGES: At any time hereafter, the town council shall have the right to make charges for the discharge

of industrial wastes into the sewerage system and/or the industrial waste pipeline of the town. The amount of such charges, and the time and manner of paying the same shall be fixed from time to time by resolution of the town council. Any person who shall refuse to pay such charges shall not discharge any industrial wastes into any sewer, sewer pipe or industrial waste pipeline of the town, and upon direction of the council, the plumbing inspector shall cut off the provisions of such person from the use of any sewer, sewer pipe or industrial waste pipeline for the discharge of any industrial wastes. (1972 Code)

VIOLATION: The plumbing inspector shall have the power to temporarily shut off any premises from the use of the sewer

system and/or the industrial waste pipeline of the town where the occupant or user of such premises is placing in such sewerage system and/or industrial waste pipelines, substances in violation of this chapter. The plumbing inspector shall report the circumstances of such shutoff to the town council at its next regular meeting following such shutoff. (1972 Code)