§ 53.209 ILLICIT CONNECTIONS TO THE SEWER.
   (A)   No property owner, occupant, user or person shall discharge, or cause to be discharged, any storm water, surface water, groundwater, roof runoff, subsurface drainage, cooling water, unpolluted water, or unpolluted industrial process waters to any sanitary sewer. Illicit connections include, but are not limited to, sump pumps, foundation drains, French drains, yard drains, gutter downspouts, cistern overflow pipes, and any other storm water drainage receptacle(s).
   (B)   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 that have adequate capacity for their accommodation. No person shall use such sewers, however, without the specific permission of the town. No new connection shall be made unless there is capacity available in all downstream sewers, lift stations, force mains, and the POTW, including, but not limited to, capacity for CBOD5 and TSS.
   (C)   Storm water and other unpolluted drainage shall be discharged to public storm water facilities. Industrial cooling water or unpolluted process waters may be discharged to public storm water facilities upon approval of the town.
   (D)   Any existing or new construction in which a sump pump has been or will be installed, shall be required to install a rigid pip connection discharge in accordance with this section. It shall be unlawful to maintain any connection with the sewerage system carrying roof water, ground water, surface water or any other natural precipitation after the effective date of this chapter.
   (E)   Sump pump and rigid pipe: method of installation.
      (1)   The building shall have a drain tile placed around the inside or outside perimeter of the foundation connected to a sump pit. All baseboard seepage collection systems shall be discharged to the sump pit. The sump pit shall be located at least ten feet away from the insist sanitary floor drain.
      (2)   The sump pump discharge pipe shall be connected to a storm sewer, when available and abutting on the property, unless otherwise approved by the town. Connections to the storm sewer system
shall have an approved backflow prevention device installed. The sump pump discharge pipe shall not be connected to underdrains, subsurface drainage tiles, building floor drains, downspout outlets, or other sump pump lines.
      (3)   When an existing sump pump discharges to the ground or when a storm sewer is not available, the sump pump shall discharge to grade and must meet all the following provisions, unless otherwise approved by the town:
         (a)   The discharge pipe shall be installed to the outside wall of the building with rigid pipe (plastic, copper, galvanized or black pipe) with a minimum inside diameter of one inch.
         (b)   The discharge pipe must have a check valve within one foot of the floor grade, and a union or other approved coupling for easy disconnection for repair or replacement.
         (c)   The discharge pipe shall exit the building at one foot above finished grade.
         (d)   The point of discharge must be a minimum of three feet from the foundation wall and five feet from the property line.
         (e)   The discharge must flow parallel to or away from the nearest property line.
         (f)   The discharge water shall not discharge to a public way, including sidewalks, streets or alleys. The discharge pipe shall terminate no less than ten feet from such impervious surfaces.
         (g)   The discharge water shall not create an icy condition on any pedestrian walkways within or adjacent to the subject premises lot lines.
   (F)   Removal of illicit connection required.
      (1)   Any property owner who previously made any connection or installation in violation of this chapter shall immediately remove such connection or correct such an installation. All direct or indirect connections of a system, as defined above, intended to collect and convey unpolluted storm water or groundwater along, adjacent to, beside or under the foundation or basement of any building connected to the town sewerage system shall be disconnected from the sewerage system.
      (2)   DISCONNECTION shall mean removal of any direct or indirect illicit connection to the sewerage system, including direct connections to the sanitary sewer service line, connections to a sanitary sewer floor drain or similar plumbing fixture that would allow unpolluted storm water or groundwater flow to enter the sewerage system. Any disconnections or openings in the sanitary sewer shall be closed or repaired in a workmanlike manner with proper materials, unless the connection to the sanitary sewer is used for the proper discharge of wastewater.
   (G)   Noncompliance fee for illicit connection.
      (1)   Every person owning property shall allow an employee of the town, a designated representative of the town, or a licensed plumber, acting on the town’s behalf with the consent of the owner, to inspect the building to determine if sump pumps or other prohibited discharges are connected to the sewerage system. If the town inspects, the property owner will be charged an illicit connection initial inspection fee,
      (2)   Any property found to have an illicit connection, either direct or indirect, to the sewerage system shall receive a written notice from the town that will require the property owner to make the necessary repairs and furnish proof of the repairs to the town within 45 days. The fee will be included on the utility bill within 45 days of written notification of the illicit connection.
      (3)   Upon confirmation of the elimination of the illicit connection within 45 days of the written notice, the illicit connection continuous noncompliance fee will be removed from the property’s sewer bill within 30 days. Additional enforcement and penalties may be incorporated in accordance with §§ 53.900 through 53.999.
      (4)   If the illicit connection is not corrected or a property owner refuses a property inspection within 45 days of the written notice, the property owner will be subject to an illicit connection continuous noncompliance fee. The fee covers the cost for treating the extraneous flow or potential extraneous flow contributed to the sewerage system. The fee will be in addition to all other sanitary sewer user charges and will be added to the property owner’s utility bill until the property is compliant with this section. The fee will be included on the utility bill within 45 days of written notification of the illicit connection.
      (5)   Fees are listed on the town’s utilities fee schedule that may be revised from time to time by the Town Council.
   (H)   Re-inspections.
      (1)   Property owners are financially responsible for re-inspection of illicit connections, sump pomps or other groundwater conveyance systems by the town, by a licensed plumber to confirm the disconnection of the illicit connection, sump pump or other groundwater conveyances from the sewerage system.
      (2)   The inspection and certification of the disconnection shall be documented and submitted to the town by the property owner within 30 days of the inspection.
      (3)   If re-inspection by the town, an illicit connection re-inspection fee will be charged to determine the illicit connection has been corrected. This re-inspection fee will be waived if the illicit connection has been corrected, or the property owner can prove that illicit connection has been scheduled to be corrected, in 30 days or less.
      (4)   If upon re-inspection it is determined the illicit connection has not been corrected within 45 days, an illicit connection continuous noncompliance fee will be charged until the property owner notifies the town the illicit connection has been disconnected. An extension may be granted, if the property owner can prove due diligence to correct the illicit connection.
      (5)   An illicit connection re-inspection fee will be charged to a repeat offender. An illicit connection continuous noncompliance fee for repeat offenders will be charged until the property owner notifies the town the illicit connection has been disconnected.
      (6)   The town may periodically re-inspect any building or premises to determine compliance with the requirements of this chapter.
      (7)   Fees are listed on the town’s utilities fee schedule that may be revised from time to time by the Town Council.
   (I)   The town shall have the power and duty of hearing and deciding requests for waivers from the applicability of the provisions of this section, where strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, or would cause a safety problem. This would also include cases in which it would not be practical or feasible to correct the clear water discharge problem. Applications for waivers pursuant of this chapter shall be addressed in writing to the town. The application shall, at a minimum, include the illicit connection waiver fee, identify the property for which the waiver is being applied for, the name of the property owner/applicant, and describe in detail what characteristics of the subject property create an undue hardship. Within a reasonable time, the town shall make its decision on the matter and send a copy of the decision to the applicant by regular mail. Upon approval of an application for a waiver, a property owner shall be allowed to discharge directly into the sewerage system for the time specified in the town’s written decision. Any person granted a waiver shall be charged a monthly illicit connection waiver fee to cover the cost for treating the extraneous flow or potential extraneous flow contributed to the sewerage system. The fee will be in addition to all other sanitary sewer user charges and will be added to the property owner’s utility bill until the property is found to be compliant with this section.
   (J)   Enforcement actions and penalties will be implemented for any person found to be violating any provision chapter in accordance with §§ 53.900 through 53.999.
(Ord. 2019-10, passed 12-2-2019)