§ 52.02 PROPER WASTE DISPOSAL REQUIRED.
   (A)   It is unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on 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 objectionable waste.
   (B)   No person shall discharge or cause to be discharged to any sanitary sewer, either directly or indirectly, storm water, surface water, ground water, roof runoff, subsurface drainage, cooling water, unpolluted water or unpolluted industrial process water. The Town shall require the removal of unpolluted waters from any wastewater collection or treatment facility if the removal is cost effective and is in the best interest of all users of those facilities.
   (C)   Storm water, surface water, ground water, roof runoff, subsurface drainage, cooling water, unpolluted water or unpolluted industrial process water may be admitted to storm sewers which have adequate capacity for their accommodation. No person shall use the sewers, however, without the specific permission of the Town. No new connection shall be made to any sanitary combined or storm sewer unless there is capacity available in all downstream sewers, lift stations, force mains and the sewage treatment plant, including capacity for BOD and suspended solids.
   (D)   No person shall place, deposit or permit to be deposited in any unsanitary manner on public or private property within the jurisdiction of the Town any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with provisions of this chapter and the NPDES permit.
   (E)   No person shall discharge or cause to be discharged to any natural outlet any wastewater or other polluted waters except where suitable treatment has been provided in accordance with provisions of this chapter and the NPDES permit.
   (F)   Except as provided in this chapter, it is unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage.
   (G)   The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the Town and abutting any street, alley or right-of-way in which there is located a public sanitary or combined sewer of the Town is hereby required, at his expense, to install suitable toilet facilities therein, and to connect the facilities directly with the proper public sewer in accordance with the provisions of this chapter, within sixty (60) days after official notice to do so, provided that the public sewer is within three hundred (300) feet of the property line. The town generally does not require sewer connections for existing structures on residentially zones properties or other properties used solely for residential purposes (the “residential properties”) that are already served by a private sewage system, unless the town, by and through its Town Council, determines in its sole discretion that:
      (1)   Such connection is otherwise required by the Hendricks County Health Department or any other local, state or federal law;
      (2)   The private sewage system has been constructed or is maintained in violation of state or federal law or local or county ordinance as determined by the standards applied by the Hendricks County Health Department;
      (3)   It causes damage to property, person or otherwise poses a risk or safety or health;
      (4)   It causes a nuisance to the town and/or any surrounding property owner; and/or
      (5)   It interferes with the appearance, atmosphere (surrounding smell), quality or use of the surrounding or downstream properties.
   (H)   Any and all developers, builders, contractors, subcontractors, plumbing contractors, or property owners who complete or provide for the future connections of any unpolluted waters to the sanitary system shall be guilty of a misdemeanor.
(`92 Code, § 9-26) (Ord. 85-22, passed 11-25-85; Am. Ord. 90-31, passed 9-27-90; Am. Ord. 2011-06, passed 3-24-11; Am. Ord. 2013-21, passed 7-11-13) Penalty, see § 52.99