§ 54.43 OPERATIONS AND CONTROL.
   (A)   The approving authority and duly authorized representatives of the town shall be permitted to enter upon all properties at all reasonable times for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter. The town shall notify, if available, the person or a representative of the person prior to entering the premises.
   (B)   In the event of imminent danger to the public health and safety, the approving authority and duly authorized representatives shall be permitted to take any emergency action as may be deemed necessary in the operation of the sewerage system, including but not limited to the right to close down any sewer or portion of the sewerage system for the purpose of making connections, alterations or repairs. During that event the approving authority will make every effort to minimize inconvenience and return the service to full operation as quickly as possible.
   (C)   All tests and analyses of the characteristics of sewage to which reference is made in this chapter shall be made in accordance with the procedures given in the latest edition of Standard Methods of Examination of Water and Wastewater, as revised, published by the American Public Health Association. The tests and analyses shall be determined at the control manhole provided for in § 54.42(J), or at the point of discharge of any sewage at the site of their origin on the premises of any person discharging the sewage into the sewers.
   (D)   The volume of flow used in computing waste user charges and surcharges shall be based upon metered water consumption as shown in the records of meter readings maintained by the Town Water Department or other water authority. Customers may install sewer meters at their own expense to measure sewage. In the event that a person discharging wastes into the sanitary sewer system produces evidence satisfactory to the approving authority that greater than 10% of his or her water used does not reach the town sanitary sewer, the user may apply to the approving authority for a reduced percentage of total water consumption to be used in computing sewer charges.
   (E)   Where the person discharging wastewater into the sanitary sewers of the town procures any part or all of his or her water supply from sources other than one recognized and accepted by the approving authority, all or part of which is discharged into the sanitary sewer, the person discharging the waste shall install and maintain, at his or her expense, water meters of a type approved by the approving authority for the purpose of determining the proper volume of flow to be charged. The approving authority has a right to read the private meters.
   (F)   All sewer taps shall conform to the requirements of the approving authority in location, size, type, materials and method used and shall be accomplished only by a licensed plumber authorized by the approving authority. It shall become the responsibility of each person requesting connection to the public sewer to notify the approving authority and arrange for final inspection of the connection before placing in use.
   (G)   Any person using the public sewer shall be responsible for any stoppage or damage caused by abuse of the sewerage system through the sewer connection of that person and shall be held accountable for all expenses incurred by the town or other property owners as a result of the abuse.
   (H)   All sewage disposal within the area of the town shall be regulated by the approving authority, and disposal shall be by public sewers and sewerage system, except that where no public sewer exists within 300 radial feet of a building or where connection is impractical for technical reasons, the person owning that property may apply for a permit to construct and operate an approved septic tank system or similar system approved by the approving authority, provided that the quantity of sewage to be so disposed of does not exceed 1,000 gallons per day as determined in division (D) of this section, and further provided that the septic tank system is properly maintained so as to eliminate any hazard to the public health or cause a public nuisance. Once septic tanks require pumping out, they will be abandoned, pumped and filled with sand. The sewage from this building will be tapped to the available sewer line.
   (I)   Any person desiring connection to be made with the sewerage system shall make application on the appropriate form to the approving authority stating the name of the owner of the property, the location of the lot, and kind of connection desired. Every application shall be signed by the person making the application and shall be accompanied by the appropriate connection fee. Fees shall be those as periodically adopted by the Town Council.
   (J)   Upon ten days’ written notice, the approving authority reserves the right to prevent or discontinue sewer connection by any person until a time as the sections of this chapter have been fulfilled to the satisfaction of the approving authority. When deemed necessary by the approving authority to protect the sewerage system or the public, the approving authority may discontinue or prevent sewer connection without notice to the person.
   (K)   It shall be unlawful for any person to reconnect a sewer when the same has been cut off for non-compliance with sections of this chapter, or any other reason, until specifically approved in writing by the approving authority. This approval shall be contingent upon satisfaction of all sections of this chapter, including but not limited to payment of all penalties, charges, claims, damages, judgments and costs incident thereto.
   (L)   It shall be unlawful for any person to make or undertake to make or cause to be made any connection to the sewerage system without first having made application, paid fee and received approval.
   (M)   In no event shall any person be allowed to discharge or cause to be discharged any domestic sewage or industrial waste to the ground surface, stream, watercourse, ditch, lake, other body or surface water, storm sewers or storm drains.
   (N)   Any sewerage discharge within the town located within 300 feet of any public sewer may be considered by the approving authority as a user of the public sewer, and is subject to all provisions of this chapter.
   (O)   Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the town that the release of the information would divulge information, processes or methods of production entitled to protection as trade secrets of the user. When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to this subchapter, the National Pollutant Discharge Elimination System (NPDES) permit, state disposal system permit and/or the pretreatment program; provided, however, that these portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report.
   (P)   The town shall annually publish in the largest daily newspaper a list of person(s) which were in significant noncompliance with pretreatment requirements during the 12 previous months. The notification shall also summarize enforcement actions taken against the person(s) during the same 12 months.
(1995 Code, § 4-3004) (Ord. passed 2-16-1982; Ord. passed 6-3-1986) Penalty, see § 54.99