§ 53.02  UNSANITARY DISPOSAL OF WASTE; CONNECTIONS REQUIRED.
   (A)   (1)   Every property in the town shall be required to connect to the municipal sewage system whenever a sanitary sewer is available for use. The connection to the municipal sewage system shall be made within 90 days after such sanitary sewer is available. The construction of new combined sewers is prohibited. (See § 53.01 of this chapter for the definition of a combined sewer.) All new construction that is tributary to a combined sewer shall be designed to minimize or delay inflow contribution to the existing combined sewer. The method used to delay the inflow contribution to the existing combined sewer must first be approved by the Superintendent of the town.
      (2)   Those properties not abutting a town sewer, but within 300 feet of a sewer, shall make arrangements through the Superintendent’s office to determine if sewer can be extended to their property. Connection to the new sewer may not be made until the main is accepted by the town.
      (3)   Notwithstanding the foregoing, the Superintendent may, on application and proof of economic hardship, extend the time within which such property shall be connected to the municipal sewage system.
      (4)   No unauthorized person shall uncover, make any connection with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Superintendent.
      (5)   All costs and expenses incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the town for any loss or damage directly or indirectly occasioned by the installation of the building sewer, including backwater damages from the public sewer system.
      (6)   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 where no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway. The building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.
      (7)   A building sewer shall not cross the property of another private owner unless such private owner has granted an easement for such building sewer, which is duly recorded in the office of the County Recorder.
      (8)   Existing building sewers may be used in connection with new buildings only when they are found, upon examination and test, to meet the current code requirements for building sewers.
      (9)   The installation of a building or house sewer shall comply with the General Specifications and Conditions, Detail Specifications and Construction Standards for the Installation of Storm and Sanitary Sewers, approved by and on file with the Superintendent.
      (10)   The town shall have no responsibility for the installation, maintenance and repair of building sewers, including joints and fittings.
      (11)   Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow into the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.
      (12)   No person shall connect any roof downspout, exterior foundation drain or other source of surface runoff or ground water to a building sewer or building drain, which is connected either directly or indirectly to a sanitary sewer of the town.
      (13)   The connection of the building sewer into the public sewer shall conform to the applicable rules and regulations of the town. All such connections shall be made gas-tight and water-tight. Any deviation of the prescribed procedure or material must be approved by the Superintendent before installation.
      (14)   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 town.
      (15)   Sewer tap permits shall be obtained from the utility Office and shall be issued only to qualified sewer tap contractors, who shall pay to the Sewage utility a fee for each sewer tap permit. Not later than 48 hours after making each sewer tap and building of the sewer installation, the tap contractor or property owner shall notify the utility office of such connection so that an inspection may be made by the utility prior to backfilling the said sewer installation.
      (16)   In cases of requests for connections to newly constructed mains, prior to acceptance by the Town Council, a prime contractor’s release must be executed and granted through the Superintendent’s office. Upon satisfaction of all other requirements, a permit for connection may be issued.
      (17)   No person shall make use of a sewer tap or backfill or otherwise conceal a sewer installation unless and until the same has been inspected and approved by the utility. In addition to all other remedies, the utility may cause the said installation of sewer tap to be excavated and exposed, may terminate the connection, and may require the owner or occupant to pay or reimburse the utility for its costs and expenses in such excavation, exposure, termination, reconnection and restoration. Such costs and expenses shall be considered as charges for sewerage treatment services and may be collected in accordance with the provisions of I.C. 36-9-23-31 through 36-9-23-34.
(Prior Code, Title V, Ch. II, Art. II, § 2)
   (B)   (1)   No owner or occupant of any real property shall tap or drain either directly or indirectly into any public sewer until a sewer tap permit has been obtained from the town and until owner has satisfied the obligation to pay all assessments, reimbursements and pro rata shares of sewer extension costs laid against that property for public sewers which serve it. A sewer tap permit given in error shall not operate to nullify any such obligation that has been duly recorded or stop the town from charging and collecting such costs at any subsequent time.
      (2)   Notwithstanding the foregoing, the utility may, in accordance with policies and procedures adopted by the Town Council from time to time, permit an owner or occupant to tap or drain into a public sewer and to defer in whole or in part payment of the obligation, mortgage, lien document or other evidence of obligation acceptable to the utility.
      (3)   All such deferred obligations shall be considered for the purposes of I.C. 36-9-23-31 through 36-9-23-34 to be fees assessed against real property.
      (4)   Installments of deferred obligations, including any finance changes or interest chargeable thereon, shall be deemed to be charges for sewerage service for the purposes hereof.
      (5)   (a)   Sewer tap permits shall be obtained from the (town’s utility office) and shall be issued only to licensed sewer tap contractors, who shall pay to the sewage utility a fee of $300 for each sewer tap permit and a $25 tap inspection fee.
         (b)   Not later than 48 hours after making each sewer tap and building of the sewer installation, the tap contractor or property owner shall notify the Sewer Engineer’s office of such connections so that an inspection may be made by the utility prior to backfilling the said sewer installation.
      (6)   No person shall connect any roof downspout, exterior foundation drain or other source of surface runoff or ground water to a building sewer or building drain, which is connected either directly or indirectly to a sanitary sewer of the town.
      (7)   The Town Council shall have the authority to require an owner of real property to disconnect any downspouts, yard drains or other drains, which carry the runoff of natural precipitation from a building sewer, which drains into a sanitary sewer. Property owners shall have 30 days after notice thereof to comply with any such requirement.
      (8)   A new connection may be made to a town sewer or sewers connected to the town system only after there has been adequate assurance by the town that the downstream facilities of the sewage works have adequate capacity to transmit and treat the new waste loadings.
(Prior Code, Title V, Ch. II, Art. II, § 3)
(Ord. 14, 1992, passed - -1992)