(A) Compliance with chapter. Except as provided in this subchapter, it is unlawful to construct or maintain within the town any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage.
(B) When permitted; sanitation.
(1) Where a pubic sanitary sewer is not available within the town or in any area under the jurisdiction of the town, the building sewer shall be connected to a private sewage disposal system, which complies with the regulations of the State Department of Health Services, the Department of Environmental Quality or other authority with jurisdiction.
(2) Such private sewage disposal system shall be constructed, maintained and operated at all times in a sanitary manner.
(C) Discontinuance. After a public sewer becomes available within 150 feet of any property served by a private sewage disposal system, a direct connection shall be made to the public sewer in accordance with the provisions of this chapter, and any septic tanks, cesspools and similar private sewage facilities shall be abandoned and filled with suitable material.
(D) The Town Manager, on a case by case basis, may approve the pumping or other disposal of sewage from cesspools, septic tanks or other private sewage systems, if he or she determines that private assistance is not reasonably available and the condition is such that it constitutes an emergency situation involving public health and safety.
(1) If the Town Manager in his or her discretion makes the determination set forth above, and town employees render such service, then the town shall be paid a fee for said service based on prevailing market rates and the cost of the town in rendering such service.
(2) This division (D) does not relieve any person of his or her duty to maintain such private sewage systems in a legal manner, nor does it authorize the existence of illegal private sewage systems.
(Ord. 03-92, passed 9-28-1992) Penalty, see § 10.99