(A) Prohibited discharge and required remediation. No water from any roof, surface, ground, sump pump, footing tile, subsurface drainage, swimming pool, or any natural precipitation shall be discharged into the sanitary sewage system. Dwellings and other buildings and structures which require, because of the infiltration of water into basements, crawl spaces, and the like, a sump pump system to discharge excess water, shall have a permanently installed discharge line which shall not at any time discharge water into the sanitary sewage system, except as provided herein. A permanent installation shall be one which provides for year-around discharge capability to either the outside of the dwelling, building structure, or is connected to the town storm sewer but only upon written permission of the town, or discharges through the curb and gutter to the street. The permanent installation shall consist of a rigid discharge line, without valving or quick connections for altering the path of discharge.
(B) Disconnection. Before September 1, 2007, any person which discharges storm water, surface water, ground water, roof runoff, subsurface drainage, cooling water, unpolluted water, unpolluted industrial process water or swimming pool water footing tile, sump pump water and any other natural precipitation into the sanitary sewer system shall disconnect and/or remove same. Any disconnects or openings in the sanitary sewer shall be closed or repaired in an effective, workable manner, as approved by the town.
(C) Inspection.
(1) Every person owning or occupying real estate that discharges into the town's sanitary sewer system shall allow an employee of the town or his or her designated representative to inspect inside and around the buildings and under the grounds to confirm that there is no prohibited discharging into the sanitary sewer system. If the Superintendent of Utilities agrees in writing then in lieu of having the town inspect his or her property, any person may have a licensed plumber inspect the property who can furnish a certificate, executed under penalties of perjury, describing his or her inspection, and certifying that the property inspected does not have any unauthorized discharge into the sanitary sewer. Such certification does not preclude the town from further inspecting the property upon evidence of a prohibited discharge.
(2) Any person refusing to allow his or her property to be inspected by town employees or the town's designated representatives upon request or refusing to furnish a plumber's certificate within 30 days of the date town employee(s) requested inspection of the property, shall immediately become subject to the surcharge hereinafter provided for. Payment of such surcharge shall not exempt the owner, nor the property from compliance with this section, including allowing inspections and required remediation of the discharge. Any property found to violate this section shall make the necessary changes to comply with this section and furnish proof of the changes to the town within 30 days from the date of notice of violation, and allow the town to make any additional inspections necessary to verify compliance. Notwithstanding any other provision of this section, if owner or occupant does not furnish a plumber's certification complying with this section, does not allow inspection, does not eliminate the prohibited discharge into the sewage system, or does not otherwise comply with this section, the town may file a lawsuit and can recover injunctive relief, damages, court costs, and the town's attorneys fees.
(D) Future inspections. At any future time, if the town has reason to suspect that an illegal connection may exist on a premises, and the town serves written notice on the owner or occupant of the property, the owner or occupant shall comply with the provisions of division (C) of this section.
(E) Waivers. The Town Council shall have the power to hear and decide requests for waivers from the applicability of the provisions of this section where strict enforcement would cause severe hardship because of unusual circumstances unique to the individual property under consideration which unusual circumstances can include health and/or safety concerns. Application for waivers pursuant to this section shall be addressed in writing to the Town Council. The application shall at a minimum identify the property for which the waiver is being applied for, the name of the property owner and occupant (if the occupant is different from the owner) and applicant, and describe in detail what characteristics unique to the subject property create a severe hardship. Within a reasonable time the Town Council shall make its decision deciding on the matter and serve a copy of such decision upon the applicant by mail. Upon approval of an application for a waiver, a property owner shall be allowed to pump directly into the sanitary sewer system term for the duration stipulated in the waiver. In any case, where a waiver is requested, waiver will be granted only upon the owner of the premises, and in the case of rented facilities, both owner and tenant agreeing, in writing, to pay a sewer surcharge each month in an amount to be determined by the Town Council, but which shall be not less than $60. Until the waiver is granted, including while the application is pending, the owner/occupant shall pay the surcharge.
(F) Unpolluted water from air conditioners, cooling, condensing systems, or swimming pools shall be discharged to a storm sewer where it is both available and where the town determines the storm sewer can accommodate this discharge. If a storm sewer is not available, or cannot accommodate the discharge, discharge may be in accordance with division (A).
(G) Industrial cooling water, which may be polluted with insoluble oils or grease or suspended solids, shall be pretreated for removal of pollutants and the resultant clear water shall be discharged in accordance with division (F) of this section.
(H) Surcharge. A surcharge of $60 per month is hereby imposed and added to every sewer billing mailed once the property owner has failed to comply with the provisions of division (C) of this section. The surcharge shall be added to the bill every month until the property is fully in compliance with this section.
(I) Town self help. Notwithstanding the other provisions of this section, if the town discovers an illegal connection to the sewer system, the town can either comply with the provisions of this chapter regarding notification of the owner/occupant or can immediately disconnect the illegal connection. If the town provides notification and the owner/occupant fails to disconnect, the town can elect to disconnect the illegal connection and charge the owner/occupant the reasonable cost of town employees or the actual cost of private contractor retained to disconnect the connection. In such case, the town will also be entitled to recover its reasonable attorneys fees and court costs.
(Ord. 440, passed 10-16-62; Am. Ord. 502, passed 2-17-82; Am. Ord. 616, passed 4-3-07) Penalty, see § 50.99