(A) Use of public sewers required.
(1) It shall be 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 objectionable waste.
(2) It shall be unlawful to discharge to any natural outlet within the town or in any area under the jurisdiction of the town any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter and with regulations of the Division of Environmental Management, Department of Natural Resources and Community Development of the state. 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 wastewater.
(3) The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the town 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 town, is hereby required at the owner(s) expense to install suitable toilet facilities therein, and to connect the facilities directly with the proper public sewer in accordance with the provision of this chapter, within 90 days after date of official notice to do so, provided that said public sewer is within 150 feet of the property line.
(B) Private wastewater disposal.
(1) Where a public sanitary sewer is not available, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of this section.
(a) Before commencement of construction of a private wastewater disposal system, the owner(s) shall first obtain written approval by the Superintendent.
(b) The application for the permit shall be made on a form furnished by the local government which the applicant shall supplement by any plans, specifications and other information as are deemed necessary by the Superintendent.
(2) A permit and inspection fee established by the Superintendent shall be paid to the local government at the time the application is filed. Approval for a private wastewater disposal system shall not become effective until the installation is completed to the satisfaction of the Superintendent. The Superintendent shall be allowed to inspect the work at any stage of construction.
(3) The type, capacities, location and layout of a private wastewater disposal system shall comply with all recommendations of the Department of Public Health and Division of Environmental Management of the state. No permit shall be issued for any private wastewater disposal system employing subsurface soil absorption facilities where the area of the lot is less than 20,000 square feet. No septic tank or cesspool shall be permitted to discharge to any natural outlet.
(4) The owner(s) shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times, at no expense to the local government.
(5) At a time as a public sewer becomes available to a property served by a private wastewater disposal system, a direct connection shall be made to the public sewer within 60 days. Under unusual and/or special circumstances, the local government may waive this provision.
(C) Building sewers and connections.
(1) Except as provided herein, each separate dwelling, structure or other building shall have a separate connection to the system, however, apartments or other multi-use, or occupancy building, and approved bonafide trailer courts may have one combined connection.
(2) No unauthorized person(s) shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining written approval from the Superintendent.
(3) All costs and expenses incidental to the installation and connection of the building sewer shall be born by the owner(s). The owner(s) shall indemnify the local government from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer provided, however, that the indemnification shall not extend to loss or damage due solely to willful misconduct or negligence on the part of the local government.
(4) Excluding industrial plant sites or other sites which have written approval from the Superintendent for single discharge points, a separate and independent building sewer shall be provided for every building, except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed up the rear building through an adjoining alley, courtyard or driveway, the front building may be extended to the rear building and the whole considered as one building sewer; but the local government does not and will not assume any obligation or responsibility for damage caused by or resulting from any such single connection aforementioned. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Superintendent, to meet all requirements of this chapter.
(5) Existing building sewers may be kept in service if, in the opinion of the Superintendent, they are in acceptable structural condition and operate satisfactorily. All new building sewers including any necessary replacement of existing building sewers must comply with the State Building Code, Volume II, Plumbing. The connection of the building sewer into the public sanitary sewer shall be made at the “Y” branch, if the branch is available at a suitable location. If the public sewer is 12 inches in diameter or less, and no properly located “Y” branch is available the owner shall, at his or her expense, install a “Y” branch in the public sewer at the location specified by the Superintendent. Where the public sewer is greater than 12 inches in diameter, and no properly located “Y” branch is available, a neat hole may be cut into the public sewer to receive the building sewer, with entry in the downstream direction at an angle of about 45 degrees. A 45-degree ell may be used to make the connection, with the spigot end cut so as not to extend past the inner surface of the public sewer. The invert of the building sewer at the point of connection shall be at the same or at a higher elevation than the invert of the public sewer. A smooth, neat joint shall be made and the connection made secure and watertight by encasement in concrete. Special fittings may be used for the connection only when approved by the Superintendent.
(6) No person(s) shall make connection of roof down spouts, foundation drains, areaway drains or other sources of infiltration/inflow to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.
(7) All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the local government.
(8) It shall be the responsibility of the property owner to keep and maintain the building sewer connected to the public sewer in good repair. The owner shall be responsible for making necessary repairs, at his or her own expense, to the building sewer when notified in writing by the local government that repairs are necessary. Should the owner fail to repair the building sewer within 60 days after receiving written notification by the local government that the repairs are necessary, the local government may make the necessary repairs to the building sewer and shall assess the owner for the cost of repairs.
(9) Grease, oil and sand interceptor sewers shall be provided when, in the opinion of the Superintendent, they are necessary for the proper handling of liquid wastes containing floatable oil in excessive amounts, sand or other harmful ingredients; except that the interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Superintendent, and shall be located as to be readily and easily accessible for cleaning and inspection. Where installed, all grease, oil and sand interceptors shall be maintained by the owner at his or her expense in continuously efficient operation at all times. In the maintaining of these interceptors, the owner(s) shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates and means of disposal which are subject to review by the Superintendent. Any removal and hauling of the collected materials not performed by owner(s) personnel must be performed by currently licensed waste disposal firms.
(D) Prohibited discharges.
(1) It shall be unlawful for any person to discharge or cause to be discharged any pollutant or wastewater which will interfere with the operation and/or performance of the POTW. These general prohibitions apply to all the users of the POTW whether or not the user is subject to National Categorical Pretreatment Standards or any other national, state or local pretreatment standards or requirements.
(2) A user may not discharge the following substances to the POTW:
(a) Any unpolluted waters such as infiltration/inflow to any sanitary sewer. Storm water and all other unpolluted drainage shall be discharged to the sewers as are specifically designed as storm sewers or to a natural outlet approved by the Superintendent and DEM. Unpolluted industrial cooling water or process waters may be discharged on approval of the Superintendent and DEM to a storm sewer or natural outlet. No sanitary wastewater shall be discharged into a storm sewer system;
(b) Any liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the POTW or to the operation of the POTW. At no time shall two successive readings on an explosion hazard meter, at the point of discharge into the system (or at any point in the system) be more than 5% nor any single reading over 10% of the lower explosive limit (LEL) of the meter. Materials specifically prohibited from discharge into the POTW include gasoline, kerosene, naphtha, fuel oil and any other substances which the local government, the state or EPA has notified the user is a fire hazard or a hazard to the system;
(c) Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the POTW such as, but not limited to: floatable oil, garbage with particles greater than one-half inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, gas, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud or glass grinding or polishing wastes;
(d) Any wastewater having a pH less than six or greater than nine, or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment and/or personnel of the POTW;
(e) Any wastewater containing toxic substances in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the POTW, or to exceed the limitation set forth in a Categorical Pretreatment Standard;
(f) Any noxious or malodorous liquids, gases or solids which either singly or by interaction with other wastes are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for their maintenance and repair;
(g) Any substance which may cause the POTW’s effluent or any other product of the POTW such as residues, sludges or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process where the POTW is pursuing a reuse and reclamation program. In no case shall a substance discharged to the POTW cause the POTW to fail to be in compliance with sludge use or disposal criteria, guidelines or regulations developed under § 405 of the Act; any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act or state criteria applicable to the sludge management method being used;
(h) Any substance which will cause the POTW to violate its NPDES and/or state disposal system permit or the receiving water quality standards;
(i) Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions;
(j) Any wastewater, liquid or vapors having a temperature higher than 150°F;
(k) Any pollutants, including oxygen demanding pollutants (BOD and the like) released at a flow and/or pollutant concentration which a user knows or has reason to know will cause interference;
(l) Any wastewater containing any radioactive wastes or isotopes of a half-life or concentration as may exceed limits established by the local government in compliance with applicable state and/or federal regulations; and
(m) Quantities of flow, concentrations or both which constitute a slug as defined herein.
(3) When the Superintendent determines that a user(s) is discharging any of the above enumerated substances in amounts as to interfere with the operation of the POTW, the Superintendent shall:
(a) Advise the user(s) of the impact of the discharge; and
(b) Develop effluent limitation(s) for the user to correct the discharge.
(E) Federal categorical pretreatment standards. Upon the promulgation of the federal categorical pretreatment standards for a particular industrial subcategory, the federal standard, if more stringent than limitations imposed under this chapter for sources in that subcategory, shall immediately supersede the limitations imposed under this chapter. The Superintendent shall notify all affected users of the applicable reporting requirements under 40 C.F.R. § 403.12.
(F) Modification of federal categorical pretreatment standards.
(1) Where the POTW achieves consistent removal of pollutants limited by federal pretreatment standards, the local government may apply to the approval authority for modification of specific limits in the federal pretreatment standards.
(2) CONSISTENT REMOVAL shall mean reduction in the amount of a pollutant or alteration of the nature of the pollutant by the POTW to a less toxic or harmless state in the effluent which is achieved by the system 95% of the samples taken when measured according to the procedures set forth in § 403.7(c)(2) of 40 C.F.R. part 403, General Pretreatment Regulations for Existing and New Sources of Pollution promulgated pursuant to the Act. The local government may then modify pollutant discharge limits in the Federal Pretreatment Standards if the requirements contained in 40 C.F.R. part 403, § 403.7 are fulfilled and prior approval from the Approval Authority is obtained.
(G) Specific pollutant limitations.
(1) No discharge shall contain pollutant concentrations exceeding the following prohibitive limits (maximum for any day based on composite samples). If a user is not a significant industrial user as defined herein; can demonstrate that he or she is making every feasible effort to comply with the provisions of division (D) above; and can demonstrate to the satisfaction of the Superintendent that attempting to comply with the provisions of this division (G) is economically and practically infeasible and will cause economic hardship; then the local government may waive the provisions of this division (G).
(2) The local government may require payment to cover the costs of handling and treating the pollutants in excess of that enumerated below from user’s which have received waiver:
(a) 0.01 mg/l arsenic;
(b) 1.5 mg/l antimony;
(c) 0.1 mg/l cadmium;
(d) 5.0 mg/l copper;
(e) 20.0 mg/l iron;
(f) 0.5 mg/l lead;
(g) 0.01 mg/l mercury;
(h) 5.0 mg/l nickel;
(i) 0.5 mg/l hexavalent chromium;
(j) 5.0 mg/l total chromium;
(k) 0.1 mg/l selenium;
(l) 0.1 mg/l silver;
(m) 5.0 mg/l zinc;
(n) 10.0 mg/l total of above heavy metals (excluding iron);
(o) 1.0 mg/l cyanide;
(p) 5.0 mg/l phenolic compounds;
(q) 800 mg/l biochemical oxygen demand;
(r) 1600 mg/l chemical oxygen demand;
(s) 100 mg/l oil and grease;
(t) 600 mg/l total suspended solids; and
(u) 80 mg/l total kjeldahl nitrogen.
(H) State requirements. State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations or those in this chapter.
(I) Local government’s right of revision. The local government reserves the right to establish by amendment more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives presented in § 52.01 above.
(J) Dilution prohibition. No user shall ever increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the federal categorical pretreatment standards, or in any other pollutant-specific limitation developed by the local government or state.
(K) Accidental discharge.
(1) Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this chapter.
(a) Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner or user’s own cost and expense.
(b) Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the Superintendent for review, and shall be approved by the local government before construction of the facility.
(c) All existing users shall complete such a plan by January 1, 1985. No user who commences contribution to the POTW after the effective date of this chapter shall be permitted to introduce pollutants until accidental discharge procedures have been approved by the local government.
(d) Review and approval of the plans and operating procedures shall not relieve the responsibility to modify the facility as necessary to meet the requirements of this chapter.
(e) In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the Superintendent of the incident.
(f) The notification shall include location of discharge, type of waste, concentration and volume and corrective actions.
(2) Within five days following an accidental discharge, the user shall submit to the Superintendent a detailed written report describing the cause of the discharge and the measures to be taken to prevent similar future occurrences. The notification shall not relieve the user of any expense, loss, damage or other damage to person or property; nor shall the notification relieve the user of any fines, civil penalties or other liability which may be imposed by this section, or other applicable law.
(3) A notice shall be permanently posted on the user’s bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall ensure that all employees who may cause a like discharge to occur or suffer from the discharge are advised of the emergency notification procedure.
(Ord. passed 8-15-1984) Penalty, see § 52.99