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§ 51.23  DETERMINATION OF CHARACTER AND STRENGTH OF WASTES.
   (A)   The industrial waste and/or other pollutants being discharged by any person into the sanitary sewerage system shall be subject to periodic inspection. A determination of character and strength of said wastes may be made annually or more often as may be deemed necessary by the Mayor or his or her authorized assistants.
   (B)   Samples shall be collected manually or mechanically over such period of time and composited in such a manner as to be representative of the wastes being discharged. The laboratory methods followed in the examination of said wastes shall be those as set forth in the latest edition of Standard Methods as defined in § 51.01.
   (C)   The determination of the character, strength or quantity of the wastes as made by the Mayor, or his or her authorized assistants, shall be binding as a basis for computation of charges or for actions by the Town Board of Commissioners. When requested by the person discharging, the samples may be split to permit analysis by the discharger or a qualified independent laboratory for the discharger’s information. The person discharging wastes may request additional sampling and analyses which will be performed, as soon as practical, with all costs, as determined by the town, being borne by the discharger.
(Res. passed 3-29-2001)
§ 51.24  AUTHORITY FOR INSPECTION.
   (A)   The Mayor and other duly authorized employees of the town, bearing proper credentials and identification, shall be permitted to enter upon all properties for the purpose of inspection, observation, flow measurement, sampling and testing of industrial waste and other pollutants, in accordance with these regulations.
   (B)   The Mayor and other duly authorized employees are authorized to obtain information concerning industrial processes which have a direct bearing on the kind and source of discharge to the wastewater collection system. The industry may withhold information if the industry can establish that the revelation to the public of the information in question might result in an advantage to competitors.
   (C)   While performing the necessary work on private properties referred in division (A) above, the Mayor and duly authorized employees of the town shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the town employees and the town shall indemnify the company against loss or damage to its property by town employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in § 51.25.
(Res. passed 3-29-2001)
§ 51.25  PROTECTION OF EQUIPMENT AND PROPERTY.
   (A)   No person shall maliciously, willfully or negligently break, damage, destroy, deface, tamper with or remove any equipment or materials or properties of the town.
   (B)   Only persons authorized by the Mayor will be allowed to uncover, adjust, maintain and remove such equipment and materials and property.
(Res. passed 3-29-2001)  Penalty, see § 10.99
§ 51.26  REVIEWING AUTHORITY.
   (A)   The Town Board of Commissioners  shall be the reviewing authority for all appeals of actions or administrative determinations under the provisions of these regulations.
   (B)   Notice of an intent to appeal a request for a hearing shall be addressed to the Town Clerk in writing and shall detail the nature of the appeal. An early date for such hearing shall be set by the Board of Commissioners and the appellant promptly notified in writing.
   (C)   The decision of the Board of Commissioners after such hearing shall be final and conclusive and shall be conveyed to the persons involved in writing.
   (D)   The Town Board of Commissioners expressly reserves the absolute right to amend, modify, rescind or supplement these regulations.
   (E)   Nothing contained in these regulations shall be construed as preventing the execution of a contract, special agreement or arrangement between the town and any person whereby water or wastewaters of unusual strength, character or quantity may be admitted into the sanitary sewerage system upon such terms and conditions as the Town Board of Commissioners deems appropriate. All such agreements shall be in complete accord with all applicable local, state and federal requirements.
(Res. passed 3-29-2001)
§ 51.27  DETERMINING MINIMUM SIZES AND DISTANCES.
   All extensions of the sanitary sewer service shall be governed by the following.
   (A)   The minimum distance for any extension of a sanitary sewer main shall be determined by the Town Board of Commissioners. In general, the minimum distance for extensions shall be made from manhole to manhole.
   (B)   The size of sanitary sewer mains to be installed and the other required system facilities shall be determined by the Town Board of Commissioners in accordance with the recognized standards and accepted engineering practices and design and in accordance with applicable system plans adopted by the Town Board of Commissioners.
(Res. passed 3-29-2001)
§ 51.28  EXTENSION OF SEWER SERVICES TO CUSTOMERS OUTSIDE CORPORATE LIMITS.
   Sewer service may be provided to customers outside of the corporate limits of the town upon the following conditions.
   (A)   Developers, subdividers, owners and others wishing such service shall submit for approval to the town preliminary plans and specifications for all sewer lines for proposed projects. Such plans shall comply with all requirements made by the town for such installations and such plans must be approved before final plans are prepared.
   (B)   The Town Engineer shall prepare all final plans and specifications. All installations must comply with such plans and must be inspected by a town representative during construction and upon completion. Construction of the sewer extension shall be by the town or a qualified private contractor under contract with the town.
   (C)   The developers, subdividers, owners and the like will provide easements in such form as the town may require for lines, manholes and appurtenances and for installation and maintenance thereof. Such easements shall be furnished prior to any service being furnished.
   (D)   At the time of submission of plans for the systems, the owners shall ask that the property to be served and all improvements thereon be annexed to the town at such time as the town finds this lawful and practical. Such request for annexation will remain open indefinitely, will bind the heirs, successors, grantees and assigns of the owner, developer, subdivider and the like and may be accepted by the town at any time unless the area involved becomes annexed to some other municipality.
   (E)   The request for annexation may be withdrawn if the town does not provide sewer services, as requested by the developer, owner, subdivider and the like but not if such action is caused by failure to pay for services rendered or for damages done of the system or systems by the willful or negligent acts of the developer, subdividers, owner and the like or their heirs, successors, grantees or assigns of the agents, servants, employees, invitees or licensees or any of them.
   (F)   This regulation in its entirety shall be in full force and effect with respect to all users outside the town limits who are connected to the town sewer system.
(Res. passed 3-29-2001)
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