23-3.02   Use of Public Sanitary Sewers Required.
   a.   It shall be unlawful to discharge to any natural out-let or storm sewer within the City or in any area under the jurisdiction of the City, any wastewaters or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this Section.
   b.   Except as hereinafter provided, it shall be unlawful to construct or maintain any septic tank or other facility intended or used for the disposal of wastewater.
   c.   The owner of all houses, buildings, or properties in existence on the effective date of this ordinance and used for human occupancy, employment, recreation, or other purposes, situated within the City and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the City, is hereby required at the owner’s expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper sewer in accordance with the provisions of this Section, within ninety (90) days after date of official notice to do so, provided that the sewer is determined to be available by the Health Officer or other designated authority as determined by the City Commission, by constructing a building sewer from the building drain to the public sanitary sewer.
   d.   Land which is within 1,500 feet of existing public sanitary sewers, measured by way of public rights-of-way or public utility easements, is considered to be served by sanitary sewage facilities. Any house, building or property constructed after the effective date of this ordinance and used for human occupancy, employment, recreation or other purpose constructed on property served by public sanitary sewer must be connected to public sanitary sewer.
   Where new public utility easements are required to accomplish off-site sewer improvements under this paragraph, such easements shall be drawn as grant of easement to BGMU. Where the landowner responsible for connecting to public sewer has been unsuccessful in acquiring required new public utility easements on behalf of BGMU, he or she may petition BGMU to exercise its authority to acquire new easement. Where BGMU acts to obtain the easement, all costs associated with the action shall be borne by the landowner responsible for connecting to the public sewer.
   e.   Construction of off-site sewer improvements which may be required hereinabove shall be constructed to the specifications of the sewer utility which serves the property and shall become the property of that utility upon completion.
   f.   All persons served by the BGMU’s Wastewater System shall pay for wastewater system service in accordance with the current BGMU’s Schedule of Sewer Rates and Charges as established by the Board of Commissioners for the City for the use of and services rendered by BGMU’s Wastewater System.
   g.   All persons served by BGMU’s Water System and taking potable water for use or consumption for any and every reason and at any location from BGMU’s Water System shall be required to abide by all requirements set forth in this Regulation of Sewer Use and all current Rules and Regulations of BGMU of which this Regulation of Sewer Use is a part.
   h.   All persons served by BGMU’s Water System who are in violation of paragraph c of this Section, by not connecting to existing public sanitary sewer available for their use, shall be charged and liable to pay sewer charges in accordance with applicable and current Sewer Rate Schedules of BGMU as established by the Board of Commissioners for the City.
(Ord. BG80-63, S27-121, 7/15/80; Ord. BG91-44, 9/3/91; Ord. BG91-47, 8/20/91; Ord. BG94-2, 1/18/94; Ord. BG2001-5, 2/20/2001; Ord. BG2001-52, 11/20/2001; Ord. BG2017-22, 6/6/2017)