CHAPTER 53: SEWER SERVICE
Section
General Provisions
   53.001   Definitions
   53.002   Abbreviations
   53.003   User classes
   53.004   Determining discharge into the sewer system
Public Sewer Usage Requirements
   53.015   Purpose and policy
   53.016   Unlawful disposal
   53.017   Disposal boundaries
   53.018   Forbidden sewage facilities
   53.019   Required waste facilities and sewer connections
   53.020   Hauled liquid waste
Private Sewage Disposal Systems
   53.035   Private connection requirements
   53.036   Building sewer connection permits
   53.037   Private sewage disposal system permit procurement
   53.038   Construction inspection
   53.039   Construction compliance
   53.040   Governing authority
   53.041   Maintenance responsibility
   53.042   Subsequent sewer availability
Discharge Regulations and Requirements
   53.055   Unpolluted discharge
   53.056   Governing standards
   53.057   Prohibited discharge standards
   53.058   Grease, oil and sand interceptors
   53.059   Pretreatment requirements
   53.060   Approval of treatment facilities
   53.061   Required treatment facilities maintenance
   53.062   Superintendent’s authority
   53.063   Town’s right to amend
   53.064   Diluted discharge prohibition
   53.065   Responsibility for hazardous and accidental spills
   53.066   Control of acceptable wastes
   53.067   Special agreement
   53.068   Regulation of waste received from other jurisdictions
Building Sewer Connections and Construction
   53.080   Permit requirement
   53.081   Permit application
   53.082   Financial responsibility
   53.083   Separate building sewer provision
   53.084   Old building sewer use
   53.085   Materials for sewer
   53.086   Size and slope of sewer
   53.087   Placement of sewer
   53.088   Construction methods and testing requirements
   53.089   Excavations
   53.090   Sewer joints and connections
   53.091   Location of sewer connection
   53.092   Notification for testing and inspection
   53.093   Excavation of public property
   53.094   Record drawings
   53.095   Sewer construction and prohibited connections
   53.096   Cleanouts
Sewer Construction
   53.110   Connection permit required
   53.111   Permit application
   53.112   Inspection fee
   53.113   General connection fee
   53.114   Multiple-dwelling connection fee
   53.115   Determination of hook-on fees
   53.116   Hook-on fee for industrial, commercial or nonresidential users
   53.117   Increase in water meter size
   53.118   Owner to pay installation cost
   53.119   Owner to indemnify town for loss
   53.120   Each building to have sewer connection
   53.121   Use of old building sewers
   53.122   Size and slope requirements
   53.123   Service sewer miscellaneous requirements
   53.124   Lack of gravity flow
   53.125   Open trench excavations required
   53.126   Joints generally
   53.127   Superintendent to supervise connection
   53.128   Excavation safety precautions
   53.129   Damage to public property
Rates, Charges, Fees and Fines
   53.140   Sewage rates; basis for determining; surcharges
   53.141   Study of rates
   53.142   Determination of hook-on fee
   53.143   General sewer hook-on fee
   53.144   Multiple dwelling hook-on fee
   53.145   Industrial, commercial or nonresidential user hook-on fee
   53.146   Increase in water meter size; effect on charge
   53.147   Industrial pretreatment program fee
   53.148   Hauled liquid waste fee
   53.149   Inspection fee
   53.150   Groundwater remediation discharge fee
   53.151   Administrative fines; disputing fines
Billing and Payment
   53.165   Monthly billing
 
   53.999   Penalty
   Appendix A: Sewer Line Construction Permit Form
   Appendix B: Schedule of Sewer Rates and Charges
GENERAL PROVISIONS
§ 53.001 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   AMMONIA NITROGEN or NH3-N. The concentration, expressed as milligrams per liter (mg/L) of nitrogen, which is the form of ammonia. Determination of AMMONIA NITROGEN shall conform to approved methodology as prescribed in 40 C.F.R. part 136.
   BIOCHEMICAL OXYGEN DEMAND or BOD. The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five days at 20°C, expressed as milligrams per liter.
   BUILDING COMMISSIONER. The Building Commissioner of the town, or his or her authorized deputy, agent or representative.
   CARBONACEOUS BIOCHEMICAL OXYGEN DEMAND or CBOD. The quantity of oxygen utilized in the biochemical oxidation of carbonaceous organic matter under standard laboratory procedures in five days at 20°C, expressed in milligrams per liter.
   CONTROL AUTHORITY. The Town of Bremen, Indiana.
   COUNCIL. The Town Council of the Town of Bremen, Indiana, or any duly authorized officials acting on its behalf.
   DEBT SERVICE COST. The average annual principal and interest payments on all outstanding revenue bonds or other long-term capital debt.
   DEPARTMENT. The Town of Bremen Wastewater Treatment Plant, including the sewer collection system.
   DISCHARGER, INDUSTRIAL/COMMERCIAL. Any nonresidential user who discharges an effluent into a POTW by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches and intercepting ditches, and all constructed devices and an appliance’s appurtenant thereto, regulated under the Act, state law or local ordinance.
   EXCESSIVE STRENGTH SURCHARGE. An additional charge which is billed to users for treating sewage wastes with an average strength in excess of normal domestic sewage.
   EXISTING SOURCE. Any source of discharge the construction or operation of which commenced prior to the publication by the EPA of proposed categorical pretreatment standards which will be applicable to such sources if the standard is thereafter promulgated in accordance with § 307 of the Act.
   GROUNDWATER REMEDIATION DISCHARGE. Wastewater discharged to the POTW Authority’s wastewater collection and treatment system for the purpose of groundwater contamination remediation.
   HOLDING TANK WASTE. Any waste from holding tanks, such as chemical toilets, campers, trailers, septic tanks, vacuum pump trucks and the like.
   INDUSTRIAL WASTE. The wastewater discharge from industrial, trade or business processes, as distinct from sanitary sewage, and any solid, liquid or gaseous substance or form of energy discharged, permitted to flow or escape from an industrial manufacturing, commercial or business process or from the development, recovery or processing of a natural resource carried on by a person, and shall further mean any waste from an industrial user.
   INDUSTRIAL WASTE PERMIT. A permit to deposit or discharge industrial waste into a sanitary sewer as issued by the POTW.
   INSPECTOR. A person or persons duly authorized by the town through its Town Council to inspect and approve the installation of building sewers and their connection to the public sewer system.
   MANAGER. The administrative head of Water, Wastewater and Streets.
   NEW SOURCE.
      (1)   Any building, structure, facility or installation from which there is, or may be, a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under § 307(c) of the Act that will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:
         (a)   The building, structure, facility or installation is constructed at a site at which no other source is located;
         (b)   The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
         (c)   The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered.
      (2)   Construction on a site at which an existing source is located results in a modification rather than a NEW SOURCE if the construction does not create a new building, structure, facility or installation meeting the criteria of division (1)(b) or (1)(c) above but otherwise alters, replaces or adds to existing process or production equipment.
      (3)   Construction of a NEW SOURCE as defined under this section has commenced if the owner or operator has:
         (a)   Begun, or caused to begin, as part of a continuous on-site construction program:
            1.   Any placement, assembly or installation of facilities or equipment; or
            2.   Significant site preparation work, including the clearing, excavation or removal of existing buildings, structures or facilities which is necessary for the placement, assembly or installation of new source facilities or equipment.
         (b)   Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in the owner’s operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering and design studies, do not constitute a contractual obligation under this section.
   NORMAL DOMESTIC SEWAGE.
      (1)   Wastewater or sewage having an average daily concentration as follows:
         (a)   BOD of not more than 200 milligrams per liter;
         (b)   SS of not more than 150 milligrams per liter;
         (c)   NH3-N of not more than 14 milligrams per liter during the winter months of November, December, January, February, March and April; and
         (d)   NH3-N of not more than 9.8 milligrams per liter during the summer months of May, June, July, August, September and October.
      (2)   As defined by origin, wastewater from segregated domestic and/or sanitary conveniences as distinct from wastes from industrial processes.
   OTHER SERVICE CHARGE. Tap charges, connection charges, area charges and other identifiable charges other than user charges, debt service charges and excessive strength surcharges.
   PRETREATMENT. The reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, process changes or by other means, except as prohibited by 40 C.F.R. § 403.6(d).
   PRIVATE SEWER. A sewer which is not owned by a public authority.
   PUBLIC SEWER. A sewer in which all owners of abutting properties have equal rights, and is controlled by public authority, including the following elements.
      (1)   COLLECTOR SEWER. A sewer whose primary purpose is to collect wastewater from individual point source discharges.
      (2)   FORCE MAIN. A pipe in which wastewater is carried under pressure.
      (3)   INTERCEPTOR SEWER. A sewer whose primary purpose is to transport wastewater from collector sewers to a treatment facility.
   PUBLICLY OWNED TREATMENT WORKS or POTW. A treatment works, as defined by § 212 of the Act, including any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage and industrial waste. The systems include sewers, pipes and equipment used to convey wastewater to the treatment facility. The term also includes the municipality, as defined in § 502(4) of the Act, which has jurisdiction over the indirect discharges and the discharges from such treatment works.
   SEWAGE. The combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions, including polluted cooling water. The three most common types of SEWAGE are:
      (1)   COMBINED SEWAGE. Wastes including sanitary sewage, industrial sewage, stormwater, infiltration and inflow carried to the wastewater treatment facilities by a combined sewer;
      (2)   INDUSTRIAL SEWAGE. A combination of liquid and water-carried wastes discharged from any industrial establishment and resulting from any trade or process carried on in that establishment; this shall include the wastes from pretreatment facilities and polluted cooling water; and
      (3)   SANITARY SEWAGE. The waste from water closets, urinals, lavatories, sinks, bathtubs, showers, basement drains, household laundries, garage floor drain, bars, soda fountains, cuspidors, refrigerator drips, drinking fountains, stable floor drains and all other water-carried waste except industrial wastes.
   SEWAGE WORKS. Sewers, the wastewater treatment plant, sewerage system and any associated structures or equipment. Also known as the POTW.
   SUPERINTENDENT. The supervisor in responsible charge of the operation and maintenance of the wastewater treatment plant and sanitary collection system.
   SURCHARGE. A charge for services in addition to the basic service charge.
   TOTAL SUSPENDED SOLIDS or TSS. Solids which either float on the surface of or are in suspension in water, sewage or other liquid and which are removable by laboratory filtration. Their concentration shall be expressed in milligrams per liter (mg/L). Quantitative determination shall be made in accordance with the procedures set forth in Standard Methods.
   TOWN. The Town of Bremen, Indiana, acting by and through its Town Council.
   USER. Any person who contributes, causes or permits the contribution of wastewater into the town’s POTW.
   USER CHARGE. A charge levied on users of the wastewater treatment works for the cost of operation and maintenance of such works pursuant to § 204(b) of Pub. Law No. 92-500.
   USER CLASS. The division of wastewater treatment customers by source, function, waste characteristics and process or discharge similarities (i.e., residential, commercial, industrial, institutional and governmental in the user charge system).
      (1)   The INDUSTRIAL CLASS shall include any user identified in the Standard Industrial Classification Manual of 1972, Office of Management and Budget, as amended and supplemented, under the following divisions:
         (a)   Division A: Agriculture, forestry and fishing;
         (b)   Division B: Mining;
         (c)   Division D: Manufacturing;
         (d)   Division E: Transportation, communications, electric, gas and sanitary services; and
         (e)   Division I: Services.
      (2)   The NONINDUSTRIAL CLASS shall include all users whose wastes are segregated domestic wastes or wastes from sanitary conveniences where regular domestic wastes are those wastes generated by normal domestic activity.
         (a)   COMMERCIAL USER. Any establishment listed in the Office of Management and Budget’s Standard Industrial Classification Manual, 1972 edition, involved in a commercial enterprise, business or service which, based on a determination by the town, discharges primarily segregated domestic wastes or wastes from sanitary conveniences.
         (b)   GOVERNMENTAL USER. Any federal, state or local governmental user of the wastewater treatment works.
         (c)   INSTITUTIONAL USER. Any establishment listed in the Standard Industrial Classification Manual involved in a social, charitable, religious or educational function which, based on a determination by the town, discharges primarily segregated domestic wastes or wastes from sanitary conveniences.
         (d)   RESIDENTIAL USER. A user of the treatment works whose premises or building is used primarily as a residence for one or more persons, including all dwelling units and the like.
(Ord. 7-2010, passed 11-22-2010)
§ 53.002 ABBREVIATIONS.
   The following abbreviations shall have the designated meanings.
BOD
Biochemical oxygen demand
CBOD
Carbonaceous biochemical oxygen demand
C.F.R.
Code of Federal Regulations
EPA
Environmental Protection Agency
gpd
Gallons per day
L
Liter
mg
Milligrams
mg/L
Milligrams per liter
NH3-N
Ammonia nitrogen
NPDES
National pollutant discharge elimination system
POTW
Publicly owned treatment works
SS
Suspended solids
TSS
Total suspended solids
U.S.C.
United States Code
USEPA
United States Environmental Protection Agency
 
(Ord. 7-2010, passed 11-22-2010)
§ 53.003 USER CLASSES.
   (A)   Every person whose premises is served by said sewage works shall be charged for the services provided. These charges are established for each user class in order that the sewage works shall recover, from each user, revenue which is proportional to its use of the treatment works in terms of volume and load. User charges are levied to defray the cost of operation and maintenance (including replacement) of the treatment works.
   (B)   User charges are subject to the rules and regulations adopted by the United States Environmental Protection Agency published in the Federal Register August 21, 1973 (38 C.F.R. part 22523), and on February 11, 1974 (39 C.F.R. part 5252). Replacement costs, which are recovered through the system of user charges, shall be based upon the expected service life of the sewage works plant and equipment.
   (C)   The various user classifications for the purposes of this chapter shall be as follows.
User Classifications
User Classifications
Class 1
   Apartments/multiple-family dwelling (on a single meter)
   Commercial
   Governmental
   Industrial
   Institutional
   Residential
   Wholesale residential
 
(Ord. 7-2010, passed 11-22-2010)
§ 53.004 DETERMINING DISCHARGE INTO THE SEWER SYSTEM.
   The quantity of water discharged into the sanitary sewage system and obtained from sources other than the utility that serves the town shall be determined by the town in such a manner as the town shall reasonably elect, and the sewage service shall be billed at the rates appropriated in Appendix B of this chapter; further, as is hereinafter provided in this section, the town may make proper allowances in the sewage bill for quantities of water shown on the records to be consumed, but which are also shown to the satisfaction of the town that such quantities do not enter the sanitary sewage system.
   (A)   (1)   In the event a lot, parcel of real estate or building discharging sanitary sewage, industrial wastes, water or other liquids into the town’s sanitary sewage system, either directly or indirectly, is not a user of water supplied by the water utility serving the town and the water used thereon or therein is not measured by a water meter, or is measured by a water meter not acceptable to the town, then the amount of water used shall be otherwise measured or determined by the town.
      (2)   In order to ascertain the rate or charge provided in this chapter, the owner or other interested party shall, at his or her expense, install and maintain meters, weirs, volumetric measuring devices or any adequate and approved method of measurement acceptable to the town for the determination of sewage discharge.
   (B)   (1)   In the event a lot, parcel of real estate or building discharging sanitary sewage, industrial wastes, water or other liquids into the town’s sanitary sewage system, either directly or indirectly, is a user of water supplied by the water utility serving the town and, in addition, is a user of water from another source which is not measured by a water meter, or is measured by a meter not acceptable to the town, then the amount of water used shall be otherwise measured or determined by the town.
      (2)   In order to ascertain the rates or charges, the owner or other interested parties shall, at his or her expense, install and maintain meters, weirs, volumetric measuring devices or any adequate and approved method of measurement acceptable to the town for the determination of sewage discharge.
   (C)   In the event two or more residential lots, parcels of real estate or buildings discharging sanitary sewage, water or other liquids into the town’s sanitary sewage system, either directly or indirectly, are users of water and the quantity of water is measured by a single water meter, then in each such case, for billing purposes, the quantity of water used shall be averaged for each user and the base charge and the flow rates and charges shall apply to each of the number of residential lots, parcels of real estate or buildings served through the single water meter.
   (D)   (1)   In the event two or more dwelling units such as mobile homes, apartments or housekeeping rooms discharging sanitary sewage, water or other liquids into the town’s sanitary sewage system, either directly or indirectly, are users of water and the quantity of water is measured by a single water meter, then in such case, billing shall be for a single service in the manner set out elsewhere herein, except that the minimum bill shall not be less than the number of such dwelling units times $3 per month. In the case of mobile home courts, the number of dwelling units shall be computed and interpreted as the total number of mobile home spaces available for rent plus any other dwelling units served through the meter.
      (2)   A DWELLING UNIT shall be interpreted as a room or rooms, or any other space or spaces, in which cooking facilities are provided.
   (E)   (1)   In order that the single-family domestic and residential users of sewage service shall not be penalized for sprinkling lawns during the summer months of June, July, August and September, the billing for sewage service for residences and/or domestic users for said months shall be based upon the water usage for the previous months of December, January, February and March. In the event the water usage for said previous months is greater than the water usage for said summer months, then the billing for sewage services shall be computed on the actual water used in the month for which the sewage service bill is being rendered. Domestic and/or residential sewage service as applicable to the sprinkling rate shall apply to each lot, parcel of real estate or building which is occupied and used as a single-family residence. Said sprinkling rate shall not apply to premises which are serviced by a separate sprinkling meter unless said meter is valved off at the property line by a Water Department control valve or premises which are partially or wholly used for commercial or industrial purposes.
      (2)   In the event a portion of such premises shall be used for commercial or industrial purposes, the owner shall have the privilege of separating the water service so that the residential portion of the premises is served through a separate meter, and in such case, the water usage as registered by the water meter serving such portion of the premises used for residential purposes would qualify under the sprinkling rate.
   (F)   In the event a lot, parcel of real estate or building discharges sanitary sewage, industrial waste, water or other liquids into the town’s sanitary system, either directly or indirectly, and uses water in excess of 15,000 gallons per month, and it can be shown to the satisfaction of the town that a portion of water as measured by the water meter or meters does not and cannot enter the sanitary sewage system, then the owner or other interested party shall, at his or her expense, install and maintain meters, weirs, volumetric measuring devices or any adequate and approved method of measurement acceptable to the town for the determination of sewage discharge.
(Ord. 7-2010, passed 11-22-2010)
PUBLIC SEWER USAGE REQUIREMENTS
§ 53.015 PURPOSE AND POLICY.
   (A)   The sections of this chapter set forth uniform requirements for direct and indirect discharges into the publicly owned treatment works (POTW), the Authority’s wastewater collection and treatment systems, and enables the town to improve the opportunity to recycle and reclaim wastewater and sludge from the system to protect public health in conformity with all applicable local, state and federal laws relating thereto and the general pretreatment regulations (40 C.F.R. part 403).
   (B)   Accordingly, the Wastewater Treatment Plant Superintendent shall have the right to reject and eliminate any industrial or commercial discharge which would:
      (1)   Introduce pollutants into the town’s POTW wastewater collection system which may damage said system and its structures, interfere with wastewater flows or which may cause danger to the health of or jeopardize the safety of those who must maintain said system;
      (2)   Introduce pollutants into the town’s POTW which interfere with the operation of the POTW treatment processes, inhibit or upset its biological processes, overload its treatment system or contaminate the POTW sewage sludge and, therefore, jeopardize or diminish its capability of being recycled or being otherwise incompatible with the system; and
      (3)   Introduce pollutants which would pass through the POTW into the receiving stream and which would in fact contribute to the pollution of said stream or cause the POTW to violate its NPDES discharge permit.
   (C)   This chapter provides for the regulation of discharges into the wastewater system through the issuance of permits.
   (D)   This chapter provides for the recovery of operations, maintenance and replacement costs of the POTW, the costs associated with the construction of collection and treatment systems used by industrial dischargers in proportion to their use of the POTW and the assessment of fines and penalties for abuses or violations of this chapter.
(Ord. 7-2010, passed 11-22-2010)
§ 53.016 UNLAWFUL DISPOSAL.
   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 said town, any human or animal excrement, garbage, wastewater or other objectionable waste(s), except where suitable treatment has been provided.
(Ord. 7-2010, passed 11-22-2010) Penalty, see § 53.999
§ 53.017 DISPOSAL BOUNDARIES.
   It shall be unlawful to discharge to any natural outlet within the town, or in any area under the jurisdiction of said 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.
(Ord. 7-2010, passed 11-22-2010) Penalty, see § 53.999
§ 53.018 FORBIDDEN SEWAGE FACILITIES.
   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 of sewage.
(Ord. 7-2010, passed 11-22-2010) Penalty, see § 53.999
§ 53.019 REQUIRED WASTE FACILITIES AND SEWER CONNECTIONS.
   The owners of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes situated within the town abutting on any street, alley or right-of-way are hereby required, at the owners’ expense, to install suitable toilet facilities therein which conform to town codes, and to connect such facilities directly with the proper sewer in accordance with the provisions of this code, within 90 days after the date of the official notice from the town to do so, provided that said public sewer is within 300 feet of the property line.
(Ord. 7-2010, passed 11-22-2010) Penalty, see § 53.999
§ 53.020 HAULED LIQUID WASTE.
   (A)   Septic tank waste may be introduced into the POTW only at locations designated by the Superintendent and at such times as are established by the Superintendent. Such waste shall not violate §§ 53.056 or 53.057 of this chapter or any other requirements established by the town. The Superintendent may require septic tank waste haulers to obtain individual wastewater discharge permits.
   (B)   The Superintendent may require haulers of industrial waste to obtain individual wastewater discharge permits. The Superintendent may require generators of hauled industrial waste to obtain individual wastewater discharge permits. The Superintendent also may prohibit the disposal of hauled industrial waste. The discharge of hauled industrial waste is subject to all other requirements of this chapter.
   (C)   Industrial waste haulers may discharge loads only at locations designated by the Superintendent. No load may be discharged without the prior consent of the Superintendent. The Superintendent may collect samples of each hauled load to ensure compliance with applicable standards. The Superintendent may require the industrial waste hauler to provide a waste analysis of any load prior to discharge.
   (D)   (1)   Industrial waste haulers must provide a waste-tracking form for every load. This form shall include, at a minimum, the name and address of the industrial waste hauler, permit number, truck identification, names and addresses of sources of the waste and volume and characteristics of the waste.
      (2)   The form shall identify:
         (a)   The type of industry;
         (b)   Known or suspected waste constituents; and
         (c)   Whether any wastes are RCRA hazardous wastes.
(Ord. 7-2010, passed 11-22-2010) Penalty, see § 53.999
PRIVATE SEWAGE DISPOSAL SYSTEMS
§ 53.035 PRIVATE CONNECTION REQUIREMENTS.
   Where a public sanitary sewer is not available under the provisions of § 53.019 of this chapter, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this chapter.
(Ord. 7-2010, passed 11-22-2010) Penalty, see § 53.999
§ 53.036 BUILDING SEWER CONNECTION PERMITS.
   It shall be unlawful to commence the construction of any building sewer, private sewer system or sewer connection without first obtaining a construction permit from the town. Any individual, business or industry desiring to make a connection to a sewer shall complete and file with the town a permit application on a form provided or approved by the town. The application shall be filed at least five working days prior to the desired date of connection. Additional permits may be necessary, including, but not limited to, a permit to excavate in a street or public right-of-way, industrial pretreatment or the state’s Department of Transportation. All applicable permits shall be obtained from the appropriate department or agency prior to commencing any construction.
(Ord. 7-2010, passed 11-22-2010) Penalty, see § 53.999
Cross-reference:
   Related form, see Ch. 53, Appx. A
§ 53.037 PRIVATE SEWAGE DISPOSAL SYSTEM PERMIT PROCUREMENT.
   (A)   Before the commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the Town Inspector or Superintendent. 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 Superintendent.
   (B)   A permit and inspection fee shall be paid to the town at the time the application is filed; this fee can be found in § 53.149 of this chapter. A construction permit must also be obtained from the Indiana Department of Environmental Management (IDEM) for all wastewater treatment systems, with the exception of subsurface absorption systems for the disposal of sanitary waste.
   (C)   In addition, a national pollutant discharge elimination system permit (NPDES) must be obtained from the IDEM for any discharge of a point source to navigable waters (all waters of the United States).
(Ord. 7-2010, passed 11-22-2010) Penalty, see § 53.999
Cross-reference:
   Related form, see Ch. 53, Appx. A
§ 53.038 CONSTRUCTION INSPECTION.
   A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Town Inspector, who shall be allowed to inspect the work at any stage of construction. In any event, the applicant for the permit shall notify the Superintendent or Manager (Inspector) when the work is ready for final inspection and before any underground portions are covered. Lack of notification may result in a fine or legal response in accordance with § 53.151 of this chapter. The inspection shall be made within one business day of the receipt of notice.
(Ord. 7-2010, passed 11-22-2010; Ord. 3-2019, passed 8-12-2019) Penalty, see § 53.999
§ 53.039 CONSTRUCTION COMPLIANCE.
   (A)   The type, capacity, location and layout of a private sewage disposal system shall comply with all recommendations of the state’s Department of Environmental Management, the state’s Board of Health, the county’s Health Department and all ordinances of the town.
   (B)   No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area is less than 20,000 square feet.
   (C)   No septic tank or cesspool shall be permitted to discharge to any public sewer or natural outlet.
(Ord. 7-2010, passed 11-22-2010) Penalty, see § 53.999
§ 53.040 GOVERNING AUTHORITY.
   No statement contained in this chapter shall be construed to interfere with any additional requirements that may be imposed by the state’s Department of Environmental Management, the state’s Board of Health or the county’s Health Department.
(Ord. 7-2010, passed 11-22-2010)
§ 53.041 MAINTENANCE RESPONSIBILITY.
   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. 7-2010, passed 11-22-2010) Penalty, see § 53.999
§ 53.042 SUBSEQUENT SEWER AVAILABILITY.
   At such time as a public sewer becomes available to a property serviced by a private sewage disposal system, as provided in § 53.035 of this chapter, a direct connection shall be made to the public sewer in compliance with this chapter within 60 days of the date on the notice. All private treatment facilities, including, but not limited to, septic tanks, cesspools and similar private subsurface soil absorption sewage disposal facilities, shall be abandoned, pumped out and filled with suitable approved material.
(Ord. 7-2010, passed 11-22-2010) Penalty, see § 53.999
DISCHARGE REGULATIONS AND REQUIREMENTS
§ 53.055 UNPOLLUTED DISCHARGE.
   (A)   Stormwater and all other unpolluted drainage shall be discharged to sewers designated as storm sewers or to a natural outlet. Industrial or domestic cooling water or unpolluted industrial or domestic process wastes may be discharged upon the approval of the Superintendent or the Manager (Inspector). All discharges to storm sewers or to natural outlets shall be in accordance with the NPDES permit program.
   (B)   Unpolluted water from air conditioners, cooling, condensing systems or dechlorinated swimming pool waters shall be discharged to a storm sewer where it is available. Where a storm sewer is not available, discharge may be to a natural outlet approved by the Town Superintendent, the Manager (Inspector) and the state.
   (C)   No person shall make a connection of roof downspouts, basement drains, sump pumps carrying groundwater, exterior foundation drains, areaway drains or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.
(Ord. 7-2010, passed 11-22-2010; Ord. 3-2019, passed 8-12-2019)
§ 53.056 GOVERNING STANDARDS.
   (A)   Standards generally.
      (1)   The national categorical pretreatment standards, located in 40 C.F.R. Ch. I, Subch. N, parts 405 to 471, are hereby adopted and incorporated by reference into this chapter, and include amendments to those standards that occur hereafter as the same are published in the C.F.R. with effective dates as fixed therein.
      (2)   All dischargers shall meet state and local requirements and limitations on discharges when such requirements and limitations are more stringent than federal requirements and limitations.
   (B)   National categorical pretreatment standards.
      (1)   When the limits in a categorical pretreatment standard are expressed only in terms of mass of pollutant per unit of production, the Superintendent may convert the limits to equivalent limitations expressed either as mass of pollutant discharged per day or effluent concentration for the purposes of calculating effluent limitations applicable to individual industrial users.
      (2)   When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the Superintendent shall impose an alternate limit in accordance with 40 C.F.R. § 403.6(e).
      (3)   Many categorical pretreatment standards specify one limit for calculating maximum daily discharge limitations and a second limit for calculating maximum monthly average, or four-day average, limitations. Where such standards are being applied, the same production or flow figure shall be used in calculating both the average and the maximum equivalent limitation.
      (4)   Any industrial user operating under a permit incorporating equivalent mass or concentration limits calculated from a production-based standard shall notify the Superintendent within two business days after the user has a reasonable basis to know that the production level will significantly change within the next calendar month. Any user not notifying the Superintendent of such anticipated change will be required to meet the mass or concentration limits in its permit that were based on the original estimate of the long-term average production rate.
   (C)   State pretreatment standards. Users must comply with the state’s Department of Environmental Management pretreatment standards, codified at 327 IAC §§ 5-16 to 5-21.
(Ord. 7-2010, passed 11-22-2010) Penalty, see § 53.999
§ 53.057 PROHIBITED DISCHARGE STANDARDS.
   (A)   General prohibitions. No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass-through or interference. These general prohibitions apply to all users of the POTW, whether or not they are subject to categorical pretreatment standards or any other national, state or local pretreatment standards or requirements.
   (B)   Specific prohibitions.
      (1)   No user shall introduce or cause to be introduced into the POTW the following pollutants, substances or wastewater:
         (a)   Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, waste streams with a closed-cup flashpoint of less than 140°F (60°C) using the test methods specified in 40 C.F.R. § 261.21;
         (b)   Wastewater having a pH less than 6.0 or more than 10.0, or otherwise causing corrosive structural damage to the POTW or equipment;
         (c)   Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference, but in no case solids greater than one-half inch in any dimension;
         (d)   Pollutants, including oxygen-demanding pollutants (BOD and the like), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW;
         (e)   Wastewater having a temperature greater than 150°F (65°C) or which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 104°F (40°C);
         (f)   Petroleum oil, nonbiodegradable cutting oil or products of mineral oil origin in amounts that will cause interference or pass-through;
         (g)   Pollutants which result in the presence of toxic gases, vapors or fumes within the POTW in a quantity that may cause acute worker health and safety problems;
         (h)   Trucked or hauled pollutants, except at discharge points designated by the Superintendent. Discharge is subject to the costs shown in § 53.148 of this chapter;
         (i)   Noxious or malodorous liquids, gases, solids or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair;
         (j)   Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant’s effluent, thereby violating the town’s NPDES permit;
         (k)   Wastewater containing any radioactive wastes or isotopes, except in compliance with applicable state or federal regulations;
         (l)   Stormwater, surface water, groundwater, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, non-contact cooling water and unpolluted wastewater, unless specifically authorized by the Superintendent;
         (m)   Sludges, screenings or other residues from the pretreatment of industrial wastes;
         (n)   Wastewater causing, alone or in conjunction with other sources, the treatment plant’s effluent to fail a toxicity test;
         (o)   Detergents, surface-active agents or other substances that might cause excessive foaming in the POTW;
         (p)   Fats, oils or greases of animal or vegetable origin in concentrations greater than 100 milligrams per liter;
         (q)   Any residuals defined as hazardous waste under 40 C.F.R. part 261; or
         (r)   Any PCBs unless generated by a controlled waste manufacturing process as defined in 40 C.F.R. § 761.3(kk), in which case, the limit shall be 0.1 milligrams per liter.
      (2)   Pollutants, substances or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW.
   (C)   Local limits.
      (1)   The Control Authority is authorized to establish local limits pursuant to 40 C.F.R. § 403.5(c).
      (2)   (a)   The following pollutant limits are established to protect against pass-through and interference. No person shall discharge wastewater containing in excess of the following daily maximum concentration.
Pollutant
Limit
Pollutant
Limit
Ammonia
50 mg/L
BOD5
1,000 mg/L
Cadmium
1.0 mg/L
Chromium (hexavalent)
1.0 mg/L
Chromium (total hexavalent plus total trivalent)
3.0 mg/L
Copper
0.84 mg/L
Cyanide (total by distillation)
1.2 mg/L
Lead
0.4 mg/L
Mercury
0.001 mg/L
Nickel
2.4 mg/L
pH
6.0 – 10.0
Silver
0.24 mg/L
Total oil and/or grease (animal or vegetable in origin)
200 mg/L
Total oil and/or grease (mineral or petroleum in origin)
100 mg/L
Total phenols
1.0 mg/L
Total phosphorus
2.5 mg/L
Total suspended solids
1,000 mg/L
Total toxic organics (TTO)
2.13 mg/L
Zinc
2.4 mg/L
 
         (b)   The above limits apply at the point where the wastewater is discharged to the POTW. All concentrations for metallic substances are for total metal unless indicated otherwise. The Control Authority may impose mass limitations in addition to the concentration-based limitations above. Concentrations above 150 milligrams per liter of BOD5 or total suspended solids, or above 20 milligrams per liter for ammonia, are subject to surcharge fees as defined in § 53.140 of this chapter.
      (3)   The Control Authority may develop best management practices (BMPs), by ordinance or in individual wastewater discharge permits, to implement local limits and the requirements of § 54.020 of this code.
(Ord. 7-2010, passed 11-22-2010; Ord. 3-2019, passed 8-12-2019; Ord. 10-2021, passed 8-9-2021) Penalty, see § 53.999
§ 53.058 GREASE, OIL AND SAND INTERCEPTORS.
   Grease, oil and sand interceptors or retainers shall be installed by the user at the user’s expense when, in the opinion of the Building Commissioner, Superintendent or Manager (Inspector), such are necessary for the proper handling of liquid wastes containing grease, oils or sand in excessive amounts, or any inflammable wastes or other such harmful ingredients. Such interceptors shall be of a type and capacity approved by the Authority and shall be located as to be readily and easily accessible for cleaning by the user and for inspection by the Authority. Where installed, all grease, oil and sand interceptors shall be maintained by the user at his or her own expense and shall be kept in continuous and efficient operation at all times.
(Ord. 7-2010, passed 11-22-2010) Penalty, see § 53.999
§ 53.059 PRETREATMENT REQUIREMENTS.
   In the event that a user is exceeding the limitations as set forth in § 53.057 of this chapter, the Superintendent shall direct the user causing the discharge of any such materials to, at his or her own expense, construct, install and operate such pretreatment facilities as may be required in order to reduce the waste constituents which are in violation of this title to the limits set forth by this title or to cease and desist from those activities or operations which cause a violation of established discharge standards. The Superintendent may use a grab sample(s) to determine noncompliance with pretreatment standards.
(Ord. 7-2010, passed 11-22-2010) Penalty, see § 53.999
§ 53.060 APPROVAL OF TREATMENT FACILITIES.
   No pretreatment facility shall be constructed or operated unless all plans, specifications, technical operating data and other information pertinent to its proposed operation and maintenance conform to all municipal, United States Environmental Protection Agency, Department of Environmental Management of the state and any other local, state or federal agency regulations, and unless written approval of the plans, specifications, technical operating data and sludge disposal has been obtained from the state’s Department of Environmental Management and any other local, state or federal agency having regulatory authority with respect thereto. Detailed plans showing the pretreatment facilities, operating procedures and documentation of compliance must be provided to the Authority and must meet the approval of the POTW Authority before construction of the facility. Pretreatment equipment may not be installed or modified without a valid construction permit issued by the state’s Department of Environmental Management. The review and approval of plans and operating procedures does not relieve the industrial user from complying with the provisions of this code and permit conditions. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and approved by the POTW Authority prior to the industrial user’s initiation of the changes.
(Ord. 7-2010, passed 11-22-2010; Ord. 3-2019, passed 8-12-2019) Penalty, see § 53.999
§ 53.061 REQUIRED TREATMENT FACILITIES MAINTENANCE.
   All such pretreatment facilities as required by this title shall be maintained continuously in satisfactory and effective operating condition by the user or person operating and maintaining the facility served thereby, and at the user’s expense.
(Ord. 7-2010, passed 11-22-2010) Penalty, see § 53.999
§ 53.062 SUPERINTENDENT’S AUTHORITY.
   The Superintendent is vested with the authority to deny admission to the system any waste considered to be harmful. In addition to the initiation of permit revocation or of litigation proceedings, the Superintendent may choose to exercise this authority in the form of a water shutoff and/or the installation of sewer plugs, if a certain wastewater discharge (industrial) presents an immediate danger to the health or welfare of persons or a danger to the environment, threatens to interfere with the operation of the POTW or violates any pretreatment limits imposed by this title or any wastewater discharge permit issued pursuant to this title.
(Ord. 7-2010, passed 11-22-2010)
§ 53.063 TOWN’S RIGHT TO AMEND.
   The town reserves the right to amend this code to provide for changes in the limitations or requirements on discharges to the POTW where deemed necessary to comply with the objectives set forth in the general provisions section, except as provided in § 53.056 of this chapter.
(Ord. 7-2010, passed 11-22-2010)
§ 53.064 DILUTED DISCHARGE PROHIBITION.
   No discharger shall increase the use of potable or process water in any way, nor mix separate waste streams for the purpose of diluting a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with the standards set forth in this title. The Authority may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate.
(Ord. 7-2010, passed 11-22-2010) Penalty, see § 53.999
§ 53.065 RESPONSIBILITY FOR HAZARDOUS AND ACCIDENTAL SPILLS.
   (A)   Accidental discharge/slug discharge control plans.
      (1)   The Superintendent shall evaluate whether each SIU needs an accidental discharge/slug discharge control plan or other action to control slug discharges. The Superintendent may require any user to develop, submit for approval and implement such a plan or take such other action that may be necessary to control slug discharges. Alternatively, the Superintendent may develop such a plan for any user.
      (2)   An accidental discharge/slug discharge control plan shall address, at a minimum, the following:
         (a)   Description of discharge practices, including non-routine batch discharges;
         (b)   Description of stored chemicals;
         (c)   Procedures for immediately notifying the POTW of any accidental or slug discharges, including any discharge that would violate a prohibition under § 53.057 of this chapter; and
         (d)   Procedures to prevent adverse impacts from an accidental or slug discharge. Such procedures include, but are not limited to, the inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, the building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents) and measures and equipment for emergency response.
   (B)   Employee training. The industrial user shall permanently post a notice in a prominent place advising all employees to call (546-3829, 546-4324 or 546-3456) immediately in the event of a dangerous discharge for which notification is required. Employers shall advise all employees who may cause or be injured by such a discharge of the emergency notification procedure.
   (C)   Notification. Dischargers shall notify the Superintendent immediately by telephone of the occurrence of a slug load or the accidental discharge of substances prohibited by this code. The notification shall include the location of the discharge, date and time thereof, type of waste, concentration and volume and corrective actions. Within seven days following the discharge, the user shall submit a written report describing the cause of the discharge and the measures that will be taken by the user to prevent similar future discharges. Any discharger who discharges a slug load of prohibited materials shall be liable for any expense, loss or damage to the POTW, in addition to the amount of any fines imposed on the town on account thereof under state or federal law and any fines, civil penalties or other liability.
(Ord. 7-2010, passed 11-22-2010; Ord. 3-2019, passed 8-12-2019)
§ 53.066 CONTROL OF ACCEPTABLE WASTES.
   (A)   Submission of data on industrial wastes.
      (1)   Any person (discharger) who discharges industrial wastes into the town’s wastewater treatment system, either directly or indirectly, shall, within 30 days of a written request of the Superintendent, fill out and file with the town an industrial waste questionnaire, to be furnished by the town, in which he or she shall set out the quantity and characteristics of the wastes discharged into the town wastewater treatment system. Each discharger requested to file an industrial waste questionnaire shall be financially responsible for the sampling and analyses which may be required to determine the characteristics of the discharger’s discharge.
      (2)   Similarly, any person desiring to establish a new connection to the public sewer for the purpose of discharging industrial wastes shall be required to fill out and file such a questionnaire, which shall include the actual or predicted date relating to the quantity and characteristics of the wastes to be discharged. When special circumstances, such as the size or complexity of his or her sewage disposal problem, would make complying with the time schedule cited in this chapter an unreasonable burden on the person, an extension of time not to exceed 90 days may be granted by the Superintendent upon presentation of a proper written application.
   (B)   Control manholes. Any person discharging industrial wastes into a public sewer, either directly or indirectly, may be required by the Superintendent to construct and maintain, at his or her own expense, one or more control manholes at a specified location or locations to facilitate the observation, measurement and sampling of his or her wastes. Such manholes shall be constructed in accordance with the standards and specifications of the town. The Superintendent may also require the person to install and maintain in any such manhole, at said person’s expense, an approved volume-measuring device. The Authority must approve plans for the installation of the control manhole and related equipment before construction begins.
   (C)   Waste sampling and sampling equipment.
      (1)   Any industrial wastes discharged into the public sewers shall be subject to sampling and determination of its characteristics. The sampling and analysis shall be made as often as the Superintendent deems necessary and may include the use of suitable continuously monitoring instruments in appropriate cases. The Superintendent must approve the sampling location(s). National categorical pretreatment standards are required to be met at the point of discharge from the industrial pretreatment system prior to mixing with any other waste stream.
      (2)   Except as indicated, the user must collect wastewater samples using flow-proportional composite collection techniques. In the event flow-proportional sampling is not feasible, the Superintendent may authorize the use of time-proportional sampling or a minimum of four grab samples where the use demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits. Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides and volatile organic compounds must be obtained using grab-collection techniques.
   (D)   Waste analysis. Laboratory procedures used in the examination of industrial wastewater shall be those set forth in 40 C.F.R. part 136, “Guidelines Establishing Test Procedures for the Analysis of Pollutants,” or amendments thereto, or if 40 C.F.R. part 136 does not contain sampling analytical techniques for the pollutant in question, then in accordance with procedures approved by the EPA. The POTW may make the initial analysis and perform periodic check analyses of the customer’s wastes as well as other tests the Superintendent may deem advisable. Analyses made by the POTW at the request of the discharger shall be charged to the customer according to the POTW’s standard work order billing practices. All such analyses shall be binding in determining strength-of-wastes surcharges and other matters dependent upon the character and concentration of wastes.
   (E)   Use of representative analyses. Until an adequate analysis of a representative sample of the customer’s wastes has been obtained, the town may, for the purpose of this chapter, make a determination of character and concentration of his or her wastes by using data based on analyses of similar processes or data for his or her type of business that are available from the industry-recognized authoritative sources. This method, if selected by the town, shall continue at the town’s pleasure or until an adequate analysis has been made.
(Ord. 7-2010, passed 11-22-2010) Penalty, see § 53.999
§ 53.067 SPECIAL AGREEMENT.
   No statement contained in this chapter shall be construed as prohibiting any special agreement or arrangement between the POTW and any person whereby an industrial waste of unusual strength or character may be accepted by the POTW for treatment, whether with or without pretreatment, provided that such agreement does not violate national categorical pretreatment standards for the specific category of industrial user, provided that there is not impairment of the functioning of the sewage works by reason of the admission of such wastes and provided that no extra costs are incurred by the POTW without recompense by the person.
(Ord. 7-2010, passed 11-22-2010)
§ 53.068 REGULATION OF WASTE RECEIVED FROM OTHER JURISDICTIONS.
   (A)   If another municipality, or a user located within another municipality, contributes wastewater to the POTW, the Superintendent shall enter into an intermunicipal agreement with the contributing municipality.
   (B)   Prior to entering into an agreement as required by division (A) above, the Superintendent shall request the following information from the contributing municipality:
      (1)   A description of the quality and volume of wastewater discharged to the POTW by the contributing municipality;
      (2)   An inventory of all users located within the contributing municipality that are discharging to the POTW; and
      (3)   Such other information as the Superintendent may deem necessary.
   (C)   An intermunicipal agreement, as required by division (A) above, shall contain the following conditions:
      (1)   A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as this chapter and local limits, including required baseline monitoring reports (BMRs), which are at least as stringent as those set out in § 53.057 of this chapter. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the town’s provisions or local limits;
      (2)   A requirement for the contributing municipality to submit a revised user inventory on at least an annual basis;
      (3)   A provision specifying which pretreatment implementation activities, including individual wastewater discharge permits or general permit issuance, inspection and sampling and enforcement, will be conducted by the contributing municipality, which of these activities will be conducted by the Superintendent and which of these activities will be conducted jointly by the contributing municipality and the Superintendent;
      (4)   A requirement for the contributing municipality to provide the Superintendent with access to all information that the contributing municipality obtains as part of its pretreatment activities;
      (5)   Limits on the nature, quality and volume of the contributing municipality’s wastewater at the point where it discharges to the POTW;
      (6)   Requirements for monitoring the contributing municipality’s discharge;
      (7)   A provision ensuring the Superintendent access to the facilities of users located within the contributing municipality’s jurisdictional boundaries for the purpose of inspection, sampling and any other duties deemed necessary by the Superintendent; and
      (8)   A provision specifying remedies available for breach of the terms of the intermunicipal agreement.
(Ord. 7-2010, passed 11-22-2010; Ord. 3-2019, passed 8-12-2019)
BUILDING SEWER CONNECTIONS AND CONSTRUCTION
§ 53.080 PERMIT REQUIREMENT.
   (A)   No unauthorized person shall uncover, make any connections with or openings into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Clerk-Treasurer.
   (B)   There shall be two classes of building sewer permits:
      (1)   For residential and commercial service; and
      (2)   For services producing industrial wastes.
   (C)   A completed permit application must be returned to the Clerk-Treasurer and approved by the Superintendent or Manager (Inspector) before commencing with construction. Permit costs can be found in §§ 53.140 to 53.151 of this chapter.
(Ord. 7-2010, passed 11-22-2010) Penalty, see § 53.999
§ 53.081 PERMIT APPLICATION.
   (A)   The owner or his or her agent shall make application on forms furnished by the town. The permit application shall be supplemented by plans, specifications or other information considered pertinent in the judgment of the Superintendent or Manager (Inspector).
   (B)   The town shall obtain the approval of the Superintendent or Manager (Inspector) prior to issuing any commercial or industrial sewer permits.
(Ord. 7-2010, passed 11-22-2010)
§ 53.082 FINANCIAL RESPONSIBILITY.
   All costs and expenses incidental 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.
(Ord. 7-2010, passed 11-22-2010)
§ 53.083 SEPARATE BUILDING SEWER PROVISION.
   A separate and independent building sewer shall be provided for every building, except that where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, courtyard or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.
(Ord. 7-2010, passed 11-22-2010)
§ 53.084 OLD BUILDING SEWER USE.
   (A)   (1)   Old building sewers may be used in connection with new buildings only when they are found, on examination by the Superintendent or Manager (Inspector), to be in good condition.
      (2)   If a sewer is found to be questionable in the judgment of the Superintendent or Manager (Inspector), the owner may hire a licensed plumber to check the sewer line to determine the condition of the old sewer. If the sewer is useable, a written inspection report from the plumber shall be submitted to the town before a new sewer connection is made.
   (B)   All charges billed by the licensed plumber shall be the responsibility of the property owner.
(Ord. 7-2010, passed 11-22-2010)
§ 53.085 MATERIALS FOR SEWER.
   (A)   The building sewer beginning two feet from any building or structure shall be of such materials as approved by the town in its sewer installation specifications. Any part of a building sewer located within ten feet of a water service pipe shall be constructed of ductile iron pipe within that limiting distance.
   (B)   Ductile iron pipe may be required by the Superintendent or Manager (Inspector) where the building sewer is exposed to damage by tree roots or being installed over fill or in unstable ground.
(Ord. 7-2010, passed 11-22-2010)
§ 53.086 SIZE AND SLOPE OF SEWER.
   The size and slope of the building sewer shall be subject to the approval of the town Inspector, but in no event shall the pipe be less than four inches in diameter for residential, and six inches for commercial and industrial. The slope of such pipe(s) shall be not less than one-eighth inch per foot. Deviation from this requirement must have the approval of the Superintendent or Manager (Inspector). Plans and specifications must be submitted for approval for sewers larger than six inches prior to being constructed.
(Ord. 7-2010, passed 11-22-2010)
§ 53.087 PLACEMENT OF SEWER.
   Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. No building sewer shall be laid parallel to or within three feet of any bearing wall. The depth shall be sufficient to afford protection from frost. The building sewer shall be laid at a uniform grade and in straight alignment insofar as possible. Changes in direction shall be made only with proper pipe fittings. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by the drain shall be lifted by approved artificial means and discharged into the building sewer. All costs for installation, operation and maintenance shall be the responsibility of the owner.
(Ord. 7-2010, passed 11-22-2010)
§ 53.088 CONSTRUCTION METHODS AND TESTING REQUIREMENTS.
   All construction methods shall be in accordance with the latest edition of this code and the town’s sewer installation specifications. An infiltration/ex-filtration test, signed and sealed by a licensed professional engineer, may be required on all sewers, including building sewers, if ordered by the Superintendent or Manager (Inspector). The town shall be notified at least one business day in advance of any testing in order to be able to witness the tests. The maximum allowable infiltration rate is 100 gallons per inch diameter per mile of sewer per day, prorated to the length of the building sewer. In the event any manholes or other structures are installed, they too shall be tested, with a maximum allowable infiltration rate of one-tenth gallon per hour per foot of diameter per foot of head. If ordered, all costs shall be borne by the owner.
(Ord. 7-2010, passed 11-22-2010)
§ 53.089 EXCAVATIONS.
   All excavations required for the installation of a building sewer shall be open trench work unless otherwise approved by the Superintendent or Manager (Inspector). Pipe laying and backfill shall be performed in accordance with the town’s specifications or any applicable ASTM specification, except that no backfill shall be placed until the work has been inspected. All work shall be in compliance with all applicable state and federal laws and regulations.
(Ord. 7-2010, passed 11-22-2010)
§ 53.090 SEWER JOINTS AND CONNECTIONS.
   (A)   All joints and connections shall be made utilizing methods and materials approved in the town’s sewer installation specifications. All such connections shall be made gastight and watertight.
   (B)   Any deviation from the prescribed procedures and materials must be approved by the Superintendent or Manager (Inspector) before installation.
(Ord. 7-2010, passed 11-22-2010)
§ 53.091 LOCATION OF SEWER CONNECTION.
   (A)   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 a “Y” branch is not available, the owner shall, at the owner’s expense, install a sewer connection saddle as specified by the town’s sewer installation specifications and approved by the Inspector. The invert of the building sewer at the point of connection shall be made in the top one-quarter of the public sewer.
   (B)   Care is to be taken when cutting a hole into the public sewer so as not to crack the main sewer tile. Should a main tile be damaged during this process, the Superintendent or Manager (Inspector) shall determine the method of repair.
(Ord. 7-2010, passed 11-22-2010)
§ 53.092 NOTIFICATION FOR TESTING AND INSPECTION.
   The applicant for the building sewer permit shall notify the Superintendent or Manager (Inspector) when the building sewer is ready for inspection and connection to the public sewer. The connection to the main sewer shall be made under the supervision of the Superintendent or Manager (Inspector) or authorized representative. Lack of notification may result in a fine or legal response in accordance with § 53.151 of this chapter.
(Ord. 7-2010, passed 11-22-2010; Ord. 3-2019, passed 8-12-2019)
§ 53.093 EXCAVATION OF PUBLIC PROPERTY.
   All excavations for building sewer installation shall be adequately protected 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 a manner satisfactory to the Superintendent or Manager (Inspector). No work within the public right-of-way shall be done prior to obtaining an approved right-of-way cut permit, which application can be obtained at the Clerk-Treasurer’s office. The completed application, along with proof of insurance and a $2,000 bond, shall be returned to the Clerk-Treasurer for consideration and approval by the Superintendent or Manager (Inspector).
(Ord. 7-2010, passed 11-22-2010)
§ 53.094 RECORD DRAWINGS.
   All sewers installed shall be accurately and carefully noted as to the location, type of materials, size, length, elevation and other pertinent information, including details of structures. This information shall be submitted to the Superintendent or Manager (Inspector) in accordance with the town’s engineering standards.
(Ord. 7-2010, passed 11-22-2010)
§ 53.095 SEWER CONSTRUCTION AND PROHIBITED CONNECTIONS.
   (A)   The introduction of inflow sources to any sanitary sewer is prohibited.
   (B)   The construction of new combined sewers is prohibited. New construction tributary to the combined sewer shall be designed to minimize or delay the admission of unpolluted water to the existing combined sewer.
   (C)   For any new building, the inflow/clear water connection to a combined sewer shall be prohibited.
(Ord. 7-2010, passed 11-22-2010)
§ 53.096 CLEANOUTS.
   (A)   Cleanouts equal in size to the building sewer shall be required at the following locations:
      (1)   At the outside junction of building drain and building sewer;
      (2)   A change of direction greater than 45 degrees; and
      (3)   At locations at not more than 100 lineal feet intervals.
   (B)   The cleanout shall be installed to open in the direction of the flow of the drainage pipe or at a right angle thereto.
   (C)   Each cleanout shall be adjusted flush with the finish grade and sealed with a suitable cap or plug.
(Ord. 7-2010, passed 11-22-2010)
SEWER CONSTRUCTION
§ 53.110 CONNECTION PERMIT REQUIRED.
   No unauthorized person shall uncover, make any connections with or openings into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Department of Sanitation Systems. There shall be two classes of building service sewer permits:
   (A)   For residential and commercial service; and
   (B)   For service to establishments producing industrial wastes.
(Prior Code, § 103.01) Penalty, see § 53.999
§ 53.111 PERMIT APPLICATION.
   (A)   The owner or his or her agent shall make application on a special form furnished by the town obtainable in the office of the Clerk-Treasurer.
   (B)   The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Superintendent.
(Prior Code, § 103.02)
§ 53.112 INSPECTION FEE.
   An inspection fee of $30 shall be paid with the filing of the application for a hook-on connection.
(Prior Code, § 103.03) (Ord. 6-2016, passed 7-25-2016)
§ 53.113 GENERAL CONNECTION FEE.
   A hook-on fee in the amount of $600 shall be charged for all residential connections made to the town municipal sewer system, including any connections made to private contract sewers in or out of the town limits. The hook-on fee shall be paid prior to actual connection to the town sewer system.
(Prior Code, § 103.04) (Ord. 6-2016, passed 7-25-2016)
§ 53.114 MULTIPLE-DWELLING CONNECTION FEE.
   In addition to the hook-on fee in § 53.113 of this chapter, in the case of multi-family dwelling units, there shall be an additional hook-on fee of $50 per unit beginning with the second unit. The hook-on fee for multi-family dwellings shall be paid prior to actual connection to the town sewer system.
(Prior Code, § 103.05) (Ord. 6-2016, passed 7-25-2016)
§ 53.115 DETERMINATION OF HOOK-ON FEES.
   In the event that any application for hook-on fee requires definition as to what category shall be applied for the payment of fees, the Clerk-Treasurer shall refer such application to the Wastewater Department for determination and disposition.
(Prior Code, § 103.06) (Ord. 6-2016, passed 7-25-2016)
§ 53.116 HOOK-ON FEE FOR INDUSTRIAL, COMMERCIAL OR NONRESIDENTIAL USERS.
   Any industrial, commercial or nonresidential user shall pay the following hook-up in lieu of the fee provided for in § 53.113 of this chapter.
Number of Meters
Size
Charge (Fee)
Number of Meters
Size
Charge (Fee)
1
3/4-in.
$600
1
1-in.
$780
1
1 and 1/2-in.
$980
1
2-in.
$1,130
2
2-in.
$1,280
3
2-in.
$1,480
1
4-in.
$1,590
1
6-in.
$1,790
 
(Prior Code, Ch. 100)
§ 53.117 INCREASE IN WATER METER SIZE.
   Present industrial, commercial or nonresidential users now receiving sanitary sewer service who apply for a larger water meter than they now have shall pay for the difference in cost at the time of the filing of the application between the size of the meter they now have and the one applied for according to the charges set forth in § 53.116 of this chapter. No credit shall be given in the case of a downward size revision.
(Prior Code, § 103.08)
§ 53.118 OWNER TO PAY INSTALLATION COST.
   All costs and expenses incident to the installation and connection of the building service sewer shall be borne by the owner.
(Prior Code, § 103.09)
§ 53.119 OWNER TO INDEMNIFY TOWN FOR LOSS.
   The owner of the property shall indemnify the town from any loss or damage that may directly or indirectly be occasioned by the installation of the building service sewer.
(Prior Code, § 103.10)
§ 53.120 EACH BUILDING TO HAVE SEWER CONNECTION.
   A separate and independent building service sewer shall be provided for every building. However, where one building stands at the rear of another on any interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, courtyard or driveway, the building service sewer from the front building may be extended to the rear building and the whole considered as one building service sewer.
(Prior Code, § 103.11)
§ 53.121 USE OF OLD BUILDING SEWERS.
   Old building service sewers may be used in connection with new buildings only when they are found on examination and test by the Superintendent to meet all the requirements of this chapter.
(Prior Code, § 103.12)
§ 53.122 SIZE AND SLOPE REQUIREMENTS.
   The size and slope of the building service sewer shall be subject to the approval of the Superintendent, but in no event shall the diameter be less than six inches. The slope of a six-inch pipe shall be not less than one-eighth inch per foot.
(Prior Code, § 103.13)
§ 53.123 SERVICE SEWER MISCELLANEOUS REQUIREMENTS.
   (A)   No building service sewer shall be laid parallel to or within three feet of any bearing wall which might thereby be weakened.
   (B)   Whenever possible, the building service sewer shall be brought to the building at an elevation below the basement floor.
   (C)   The building service sewer shall be laid at a depth which will afford protection from frost.
   (D)   The building service sewer shall be laid at uniform grade and in straight alignment insofar as possible.
   (E)   Changes in direction with respect to the building service sewer shall be made only with properly curved pipe and fittings.
(Prior Code, § 103.14)
§ 53.124 LACK OF GRAVITY FLOW.
   In all buildings in which any building drain is too low to the public sewer, sanitary sewage carried by such drain shall be lifted by approved artificial means and discharged to the building service sewer.
(Prior Code, § 103.15)
§ 53.125 OPEN TRENCH EXCAVATIONS REQUIRED.
   All excavations required for the installation of a building service sewer shall be open trench work unless otherwise approved by the Superintendent.
(Prior Code, § 103.16)
§ 53.126 JOINTS GENERALLY.
   All joints and connections shall be made gastight and watertight.
(Prior Code, § 103.17)
§ 53.127 SUPERINTENDENT TO SUPERVISE CONNECTION.
   The applicant for a building service sewer permit shall notify the Superintendent when the building service sewer is ready for inspection and connection to the public sewer. The connection of the building service sewer to the public sewer shall be made under the supervision of the Superintendent or his or her representative.
(Prior Code, § 103.18)
§ 53.128 EXCAVATION SAFETY PRECAUTIONS.
   All excavations for building sewer installations shall be adequately guarded with barricades and lights so as to protect the public from hazard.
(Prior Code, § 103.19)
§ 53.129 DAMAGE TO PUBLIC PROPERTY.
   Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the town.
(Prior Code, § 103.20)
RATES, CHARGES, FEES AND FINES
§ 53.140 SEWAGE RATES; BASIS FOR DETERMINING; SURCHARGES.
   (A)   (1)   For the use of and the services rendered by the sewage works, rates and charges shall be collected from the owners of each and every lot, parcel of real estate or building that is connected with the town sanitary system or otherwise discharges sanitary sewage, industrial wastes, water or other liquids, either directly or indirectly, into the sanitary sewage system of the town. Such rates and charges include user charges, debt service costs, excessive strength surcharges and other service charges, which rates and charges shall be payable as provided in Appendix B of this chapter and shall be in an amount determinable as set out below.
      (2)   The sewage rates and charges shall be based on the quantity of water used on or in the property or premises, subject to such rates and charges, as the same is measured by the water meter there in use and a base charge based on the size of the water meter in use at that location, except as herein otherwise provided. Water meters will be read once each month, and sewage service bills shall be rendered once each month or period equaling a month. The water usage schedule on which the amount of said rates and charges shall be as determined in Appendix B of this chapter.
(Prior Code, § 100.02)
   (B)   (1)   In order that the rates and charges may be justly and equitably adjusted to the service rendered to users, the town shall base its charges not only on the volume, but also on the strength and character of the stronger-than-normal domestic sewage and waste which it is required to treat and dispose of. The town shall require the user to determine the strength and content of all sewage and wastes discharged, either directly or indirectly, into the sanitary sewage system in such a manner and by such a method as the town may deem practicable in light of the conditions and attending circumstances of the case in order to determine the proper charge. The user shall furnish a central sampling point available to the town at all times.
      (2)   (a)   Normal sewage domestic waste strength should not exceed a biochemical oxygen demand of 200 milligrams per liter of fluid, suspended solids in excess of 150 milligrams per liter of fluid, or NH3-N in excess of 14 milligrams per liter of fluid in the winter months and 9.8 milligrams per liter of fluid in the summer months.
         (b)   Additional charges for treating stronger-than-normal domestic waste shall be made on the following basis.
            1.   Rate surcharge based on suspended solids. There shall be an additional charge of $0.11 per pound of suspended solids for suspended solids received in excess of 150 milligrams per liter of fluid.
            2.   Rate surcharge based on BOD. There shall be an additional charge of $0.07 per pound of biochemical oxygen demand for BOD received in excess of 150 milligrams per liter of fluid.
            3.   Rate surcharge based on NH3-N. There shall be an additional charge of $0.12 per pound of NH3-N (ammonia nitrogen) for NH3-N received in excess of 17 milligrams per liter.
      (3)   The determination of suspended solids, five-day biochemical oxygen demand and ammonia nitrogen contained in the waste shall be in accordance with the latest copy of Standard Methods for the Examination of Water, Sewage and Industrial Wastes, as written by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation, and in conformance with “Guidelines Establishing Test Procedures for Analysis of Pollutants,” regulation C.F.R. part 136, published in the Federal Register on October 16, 1973, as amended October 26, 1984.
(Ord. 7-2010, passed 11-22-2010; Ord. 3-2019, passed 8-12-2019)
§ 53.141 STUDY OF RATES.
   (A)   In order that the rates and charges for sewage services may remain fair and equitable and be in proportion to the cost of providing services to the various users or user classes, the town shall cause a study to be made within a reasonable period of time following the first 12 months of operation following the date on which this chapter goes into effect. Such study shall include, but not be limited to, an analysis of the costs associated with the treatment of excessive strength effluents from industrial users, volume and delivery flow rate characteristics attributed to the various users or user classes, the financial position of the sewage works and the adequacy of its revenue to provide reasonable funds for the operation and maintenance, replacements, debt service requirements and capital improvements to the waste treatment systems.
   (B)   Thereafter, on an annual basis, within a reasonable period of time following the normal accounting period, the town shall cause a similar study to be made for the purpose of reviewing the fairness and equity of the rates and charges for sewage services on a continuing basis. Said studies shall be conducted by officers or employees of the town, or by a firm of certified public accountants or a firm of consulting engineers, which firms shall have experience in such studies, or by such combination of officers, employees, certified public accountants or engineers as the town shall determine to be best under the circumstances.
(Ord. 7-2010, passed 11-22-2010)
§ 53.142 DETERMINATION OF HOOK-ON FEE.
   In the event that any application for hook-on fee requires definition as to what category shall be applied for the payment of fees, the Clerk-Treasurer shall refer such application to the Wastewater Department for determination and disposition.
(Ord. 7-2010, passed 11-22-2010; Ord. 6-2016, passed 7-25-2016)
§ 53.143 GENERAL SEWER HOOK-ON FEE.
   A hook-on fee in the amount of $600 shall be charged for all residential connections made to the town municipal sewer system, including any connections made to private contract sewers in or out of the town limits. The hook-on fee shall be paid prior to actual connection to the town sewer system.
(Ord. 7-2010, passed 11-22-2010; Ord. 6-2016, passed 7-25-2016)
§ 53.144 MULTIPLE DWELLING HOOK-ON FEE.
   In addition to the hook-on fee in § 53.143 of this chapter, in the case of multi-family dwelling units, a $50 per unit connection fee starting with the second unit will be charged. The hook-on fee for multi-family dwellings shall be paid prior to actual connection to the town sewer system.
(Ord. 7-2010, passed 11-22-2010; Ord. 6-2016, passed 7-25-2016)
§ 53.145 INDUSTRIAL, COMMERCIAL OR NONRESIDENTIAL USER HOOK-ON FEE.
   Any industrial, commercial or nonresidential user shall pay the following hook-on fee in lieu of the fee provided for in § 53.143 of this chapter.
Number of Meters
Size
Charge (Fee)
Number of Meters
Size
Charge (Fee)
1
3/4-in.
$600
1
1-in.
$780
1
1 and 1/2-in.
$980
1
2-in.
$1,130
2
2-in.
$1,280
3
2-in.
$1,480
1
4-in.
$1,590
1
6-in.
$1,790
 
(Ord. 7-2010, passed 11-22-2010; Ord. 6-2016, passed 7-25-2016)
§ 53.146 INCREASE IN WATER METER SIZE; EFFECT ON CHARGE.
   Present industrial, commercial or nonresidential users now receiving sanitary sewer service who apply for a larger water meter than they now have shall pay the difference in cost at the time of the filing of the application between the size of the meter they now have and the one applied for, according to the charges set forth in § 53.145 of this chapter. No credit shall be given in the case of a downward size revision.
(Ord. 7-2010, passed 11-22-2010)
§ 53.147 INDUSTRIAL PRETREATMENT PROGRAM FEE.
   (A)   Filing application and questionnaire for non-permitted industrial users: $150;
   (B)   Pretreatment discharge permits (four-year permit), new and renewal: $500;
   (C)   Transfer of a pretreatment wastewater discharge permit: $75;
   (D)   Inspection fee per visit: $50;
   (E)   Monitoring, surveillance fee: $100; and
   (F)   For surcharges, see § 53.140 of this chapter.
(Ord. 7-2010, passed 11-22-2010)
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