(A) Application for service. Any person desiring to connect a service line to the wastewater treatment system of the town, or to add fixtures to an existing connection, shall make application to the Town Manager for wastewater service. The application for service shall be supplemented by any plans, specifications or other information deemed necessary by the Superintendent to determine compliance with all codes and ordinances, regulations or rules concerning the wastewater system. The Superintendent shall endorse his or her approval or disapproval of the application as complying or failing to comply with all codes, ordinances, regulations or rules concerning the wastewater system of the town. Upon approval by the Superintendent and Town Manager of such application, such user receiving wastewater service shall pay therefor in accordance with the applicable rates, rules and regulations.
(B) Service outside the town; policy. The policy of the town relating to the furnishing of wastewater treatment service to users located outside the boundaries to the town requires agreement to annex to the town prior to discharge of water to the town’s wastewater system. The town expressly reserves the right, as may be limited by state or federal law, to impose such conditions as it may see fit relative to furnishing such service and may refuse such service in its discretion. Any deviation to this policy requires approval by the Board of Trustees of the town.
(C) Application for service outside the town. Any person desiring to connect a service line and/or add fixtures to an existing connection which is located outside the town limits shall comply fully with this code. Such person shall then make application to the town for wastewater service. The application for service shall be supplemented by any plans, specifications or other information deemed necessary by the Superintendent and the Town Manager to determine compliance with all regulations or rules concerning the wastewater system. The Superintendent shall endorse his or her approval or disapproval of the application as complying or failing to comply with all regulations or rules concerning the wastewater system of the town.
(D) Service; special contract.
(1) The town may provide by contract for the use of and connection to the town’s wastewater treatment system by institution, plants, organized sewer districts, municipal corporations or other similar users which are located outside the boundaries of the town. Such use of or connection to the town’s wastewater treatment system shall be subject to such terms and conditions as the Town Board of Trustees may see fit to impose.
(2) Contracts entered into pursuant to this section shall provide for compliance by the user with the discharge prohibitions and limitations contained in this code. Such contracts shall require the user to:
(a) Submit to the jurisdiction of the town for the purposes of the enforcement procedures and penalties set out in this code; and
(b) Stipulate liquidated damages for violation of the provisions of this code in an amount equal to the penalties imposed herein.
(3) (a) Contracts entered into pursuant to this section may provide for acceptance by the town of only normal domestic strength wastewater, and the requirements of division (D)(2)(b) above shall not apply to such contracts. However, such contracts shall provide that any discharge of industrial wastewater by the user shall subject such user to consequential damages for breach of contract including, but not limited to, any amounts the town may be required to pay for violation of the conditions of its CDPS permit where the discharge of the user caused or contributed to such violation.
(b) Discharges of industrial wastewater by a user bound by such contract shall not be accepted by the town, except pursuant to notice to the town and execution of an amended or additional contract to which the requirements of division (D)(2)(b) above shall apply.
(4) Contracts for use of or connection to the wastewater treatment system of the town in force and effect on the effective date of this code shall remain in full force and effect in accordance with the terms and conditions thereof.
(E) Excavations for service. All excavations for installation or repair of wastewater lines shall be adequately guarded with barricades and lights and meet all applicable safety standards so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of work shall be restored in a manner satisfactory to the town and any other local governing authority.
(Prior Code, § 137.4) (Ord. 171, passed 7-7-1958; Ord. 339, passed - -; Ord. 480, passed 3-6-2003; Ord. 577, passed 11-6-2014)