[HISTORY: Adopted by the Town Council of the Town of Denton 4-1-2021 by Ord. No. 713.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 102, Sewers, adopted by the Commissioners (now Town Council) of the Town of Denton 4-5-1976 by Ord. No. 166A, as amended.
A. 
Terms defined. Unless the context specifically indicates otherwise, the meanings of terms used in this chapter shall be as follows:
BACKFLOW
The flow of water or other liquids, mixtures or substances into the distributing pipes of a potable supply of water from any source or sources other than its intended source.
BACKFLOW PREVENTER
An assembly, device, or method that is compliant with American Waterworks Association (AWWA) standards and 10-State Standards and that is installed to prevent backflow into the Town's public water supply system.
BOD5 (denoting "biochemical oxygen demand")
The amount of oxygen consumed in a standard BOD5 test without the use of a nitrification inhibitor at 20° C., on an unfiltered sample.
BUILDING DRAIN
That part of the lowest horizontal piping of a drainage system which receives the discharge from soil waste and other drainage pipes inside the walls of the building and conveys it to the building sewer; the building drain terminating five feet outside the inner face of the building wall.
BUILDING SEWER
The extension from the building drain to the public sewer or other place of disposal.
GARBAGE
Solid wastes from the domestic and commercial preparation, cooking and dispensing of food and from the handling, storage and sale of produce.
INDUSTRIAL WASTES
The liquid wastes from industrial manufacturing processes, trade or business as distinct from sanitary sewage.
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake or other body of surface or groundwater.
PERSON
Any individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind and any firm, company, association, partnership, society, corporation, church, school, group, or other entity.
pH
The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
PROPERLY SHREDDED GARBAGE
The wastes from the preparation, cooking and dispensing of foods that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch in any dimension.
PUBLIC SEWER
A sewer which is controlled by a public entity, including the Town.
SANITARY SEWER
A sewer which carries sewage.
SEWAGE
The water-carried wastes from residences, businesses, buildings, institutions and industrial establishments.
SEWAGE TREATMENT PLANT
Any arrangement of devices and structures used for treating sewage.
SEWAGE TREATMENT WORKS
All facilities for collecting, pumping, treating, and disposing of sewage.
SLUG
Any discharge of water, sewage, or industrial waste which, in concentration of any given constituent or in quantity of flow, could cause interference of the treatment works, pass through the Town's treatment plant, endanger employee and/or public health and safety, contaminate sludge, or cause of a violation of any permit issued to the Town's treatment plant.
STORM DRAIN
A sewer which carries stormwater.
STORMWATER
Water that originates from a precipitation event.
SUPERINTENDENT
The Superintendent of the Sewage Treatment or Sewer Supply Facilities of the Town of Denton, or their authorized deputy, agent, or representative.
SUSPENDED SOLIDS
Solids that either float on the surface of, or are in suspension in, water, sewage or other liquids, and which are removable by laboratory filtering.
TOWN
The Town Council of Denton or Town of Denton, a municipal corporation of the State of Maryland, and/or its duly authorized officers or agents.
WATERCOURSE
A channel in which a flow of water occurs, either continuously or intermittently.
B. 
Word usage. "Shall" is mandatory; "may" is permissive.
It shall be unlawful for any person to place, deposit or permit to be placed or deposited in any unsanitary manner on public or private property within the Town, or in any area under the jurisdiction of the Town, any human or animal excrement, garbage or other objectionable waste.
It shall be unlawful to discharge to any natural outlet within the Town, or in any area under the jurisdiction of the Town, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter or any amendments thereto.
Except as hereinafter provided, it shall be unlawful to construct, keep or maintain any privy, privy vault, septic tank, cesspool, drains, or other facility intended or used for the disposal of sewage if a public sewer connection is available to the property. All such abandoned facilities shall be filled and capped to the satisfaction of the Town and in the time frame required by the Town.
A. 
Except as provided in Subsection G below, the owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the Town and abutting on any street, alley or right-of-way in which there is located a public sanitary sewer of the Town and a public sewer connection extending from the sewer main to the property line, is hereby required, at his expense, to connect all spigots or hydrants, toilets, and waste drains with the public sewer in accordance with the provisions of this chapter within three months after date of official notice to do so, provided that said public sewer is within 300 feet of the property line. If an owner of a house, building, or property used for the purposes above does not have fixtures or drains (including spigots or hydrants, toilets, and waste drains) or if the Town believes that the fixtures or drains are inadequate, the owner shall install adequate spigots or hydrants, toilets, and waste drains at his expense to the satisfaction of the Town.
B. 
Each mobile home and/or trailer unit used for residential or commercial purposes, and having domestic water and/or sanitary facilities therein, shall be considered a separate and independent building and, as such, shall have its own separate and independent building drain and building sewer.
C. 
If an owner attempts to comply with Subsection A above and encounters conditions beyond the owner's reasonable control that make it impracticable to complete the required connection to the sewer main within the three-month time period provided, and if the owner provides evidence of the conditions to the satisfaction of the Superintendent or Town Manager, the Superintendent or Town Manager may grant a temporary waiver or extension of the time period for completion of the connection. The decision to provide a temporary waiver or extension is within the discretion of the Superintendent or Town Manager.
D. 
The Town reserves the discretion to require that an owner comply as soon as practicable, notwithstanding the three-month time period above, if there is an existing privy, privy vault, septic tank, cesspool, drain, or other facility that the Town, the Health Department, or the Maryland Department of the Environment has determined is either failed or is failing.
E. 
This section is supplemental to the authority vested in the Health Department and/or the Maryland Department of the Environment to regulate public or private wastewater usage.
F. 
This section does not prohibit the Town from electing not to provide connections for improved or unimproved property for any reason.
G. 
This section does not apply to any owner with an executed annexation agreement that limits the requirement to connect to the public sewer. In such case, the terms of the annexation agreement govern.
H. 
Failure to comply with this section shall subject the owner to penalties pursuant to § 102-35 below.
No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenances thereof without first obtaining a written permit from the Town Council of Denton and/or the Superintendent and/or their duly authorized agent.
A. 
There shall be two classes of building sewer permits:
(1) 
For residential and commercial service.
(2) 
For service to establishments producing industrial wastes.
B. 
In either case, the owner or his agents shall make application on a special form furnished by the Town. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Town.
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 from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
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 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, provided that this shall only apply when both buildings have the same ownership.
Old building sewers may be used in connection with new buildings or with additions to existing buildings only when they are found, on examination and test by the owner or developer and approved by the Town, to meet all requirements of this chapter. If in the Town's discretion an old building sewer may not be used, the owner shall pay all costs and expenses to install a new building sewer to provide service to the building or buildings.
The size, slope, alignment and materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench shall all conform to the requirements or other applicable rules and regulations of the Town. In the absence of code provisions, rules or regulations thereof, the materials and procedures set forth in appropriate specifications of the American Society for Testing and Materials and Water Pollution Control Federation Manual of Practice No. 9, as those specifications may be amended from time to time, shall apply.
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 to the public sewer, sanitary sewage carried by such building drain shall be lifted by means approved by the Town and discharged to the building sewer.
No person shall make or allow a connection of roof downspouts, exterior foundation drains, areaway drains or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.
The connection of the building sewer into the public sewer shall conform to the requirements or other applicable rules and regulations of the Town, or the procedures set forth in appropriate specifications of the American Society for Testing and Materials and the Water Pollution Control Federation as set forth in Manual of Practice No. 9, as those specifications may be amended from time to time. All such connections shall be made gastight and watertight, utilizing extra-strength clay-pipe wyes, wye saddles and/or saddle-hub tees, or as directed by the Town. All connections of building sewer into the public sewer shall be performed by a registered master plumber, licensed by the Maryland State Board of Plumbing, or such other contractor as expressly authorized and approved by the Superintendent. All connections of building sewer into the public sewer shall be performed and in accordance with the Caroline County Building Code, as it may be amended from time to time. Any deviation from the prescribed procedures and materials must be approved by the Town before installation.
The applicant for the building sewer permit shall notify the Town when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Town or its representatives.
All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard or injury. Streets, sidewalks, parkways and other public property shall not be disturbed in the course of the work without prior consent by the Town and shall be restored in a manner satisfactory to the Town at the property owner's expense. If restoration is not satisfactory, the Town may elect in its discretion to restore the street, sidewalk, parkway, and/or other public property and seek reimbursement from the appropriate party after the work is completed.
No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water, unpolluted industrial process waters, or water from a public or private pool to any sanitary sewer.
Stormwater shall be discharged to such sewers as are specifically designated as storm drains or to a natural outlet.
No person shall introduce into any part of the sewage treatment works any pollutant(s) which could pass through of the Town's wastewater treatment plant, without adequate treatment, and into the receiving waters of the sewage treatment plant or cause interference with the operation of the Town's sewage treatment works. No persons shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers or to any part of the sewage treatment works:
A. 
Any pollutant which creates a fire or explosion hazard in the sewage treatment works, including, but not limited to, gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas or other waste streams with a closed cup flashpoint of less than 140° F. or 60° C. using the test methods specified in 40 CFR 261.21.
B. 
Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance or create any hazard in the receiving waters of the sewage treatment plant, including, but not limited to, cyanides in excess of two milligrams per liter (mg/l) as CN in the wastes as discharged to the public sewer.
C. 
Any waters or wastes having a pH lower than 5.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works.
D. 
Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage treatment works, such as, but not limited to, grease, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, seafood waste, entrails and paper dishes, cups and milk containers, either whole or ground by garbage grinders.
E. 
Any discharges which, either singly or by interaction with other wastes, will result in the introduction of pollutants to the Town's wastewater treatment plant that may exceed the design influent levels for the plant.
F. 
Any pollutant, including oxygen demanding pollutants (BOD5, etc.) released at a flow rate and/or concentration which will cause interference at the Town's wastewater treatment plant.
G. 
Heat in amounts which will inhibit biological activity in the Town's wastewater treatment plant resulting in interference, but in no case heat in such quantities that the temperature at the plant exceeds 40° C. (104° F.).
H. 
Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil original in amounts that will cause interference or pass through.
I. 
Any trucked or hauled pollutants, except at discharge points designated by the Superintendent.
No person shall discharge or cause to be discharged into public sewers or any part of the sewage treatment works the following described substances, materials, waters or wastes if it appears likely in the opinion of the Town that such wastes can harm either the sewers, sewage treatment plant or process or equipment, have an adverse effect on the receiving stream or can otherwise endanger life, limb, public or private property or constitute a nuisance. The substances prohibited are:
A. 
Any liquid or vapor having a temperature higher than 150° F. (65° C.).
B. 
Any water or waste containing fats, wax, grease or oils, whether emulsified or not, in excess of 100 milligrams per liter or containing substances which may solidify or become viscous at temperatures between 32° F. and 150° F. (0° C. and 65° C.).
C. 
Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of 3/4 horsepower (0.76 metric) or greater shall be subject to the review and approval of the Town.
D. 
Any waters or wastes containing strong acid from pickling wastes or concentrated plating solutions, whether neutralized or not.
E. 
Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances or wastes exerting an excessive chlorine or other disinfectant requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the Town for such materials.
F. 
Any waters or wastes containing phenols or other taste- or odor-producing substances in such concentrations exceeding limits which may be established by the Town as necessary, after treatment of the composite sewage, to meet the requirements of the state, federal or other public agencies of jurisdiction for such discharge to the receiving waters.
G. 
Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Town in compliance with applicable state or federal regulations.
H. 
Any water or wastes having a pH in excess of 9.5 or with a pH lower than 5.0.
I. 
Materials which exert or cause:
(1) 
Unusual concentration of inert suspended solids (such as, but not limited to, Fuller's earth, lime slurries and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate).
(2) 
Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).
(3) 
Unusual BOD, chemical oxygen demand or chlorine or other disinfectant requirements in such quantities as to constitute a significant load on the sewage treatment works.
(4) 
Unusual volume of flow or concentration of wastes constituting "slugs" as defined herein.
J. 
Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
K. 
Waters or wastes which may cause the Town to violate any discharge permits issued by either the federal or state government.
A. 
If any waters or wastes are discharged, or are proposed to be discharged to the public sewers or any part of the sewage treatment works, which waters, contain the substances or possess the characteristics enumerated in §§ 102-19 and/or 102-20 of this article, and which, in the judgment of the Town, may have a deleterious effect upon the sewage treatment works, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Town may:
(1) 
Reject the wastes;
(2) 
Require pretreatment to an acceptable condition for discharge to the public sewers or sewage treatment works;
(3) 
Require control over the quantities and rates of discharge; and/or
(4) 
Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of § 102-26 of this chapter.
B. 
If the Town permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Town and subject to the requirements of all applicable codes, ordinances, and laws.
Grease, oil and sand interceptors shall be provided when, in the opinion of the Town, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes and/or other harmful ingredients, except that such interceptors shall not be required but are recommended for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Town and shall be located as to be readily and easily accessible for cleaning and inspection.
Where preliminary treatment or flow equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.
When required by the Town, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control structure, together with such necessary meters and other appurtenances, in the building sewer or control structure to facilitate observation, sampling and measurement of the wastes by the Town at the Town's discretion pursuant to § 102-28 below. Such structure, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the Town. The structure shall be installed with plans approved by the Town. The structure shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times.
All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association, as those methods may be amended from time to time, and shall be determined at the control structure provided or upon suitable samples taken at said control structure. In the event that no special structure has been required, the control structure shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage treatment works and to determine the existence of hazards to life, limb and property. (The particular analyses involved will determine whether a twenty-four-hour composite of all outfalls of a premises is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended-solids analyses are obtained from twenty-four-hour composites of all outfalls, whereas pH's are determined from periodic grab samples.)
No statement contained in this chapter shall be constructed as preventing any special agreement or arrangement between the Town and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the Town for treatment, subject to payment therefor, by the industrial concern.
No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the sewage treatment works. No person shall discharge any prohibited substance, pursuant to § 102-19 above, or harmful substance, pursuant to § 102-20 above, into any sanitary sewer or storm drain in the Town or into any part of the sewage treatment works. No person shall deposit any prohibited or harmful substance upon any property if it drains to either the sewage treatment works or a storm drain. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct or for violation of any of the laws of the State of Maryland.
The Town and other duly authorized employees, or representatives of the Town bearing proper credentials and identification, shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter.
The Town and other duly authorized employees or representatives of the Town bearing proper credentials and identification shall be permitted to enter all private properties through which the Town holds a duly negotiated easement for any of the purposes provided in the easement, including but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage treatment works lying within said easement.
Any person applying for a building sewer permit shall, before issuance of such permit, pay the entire connection charge, consistent with the requirements found in Chapter 125 of this Code.
A sewer service charge as set by the Town Council of Denton shall be charged to each building sewer. The Town may bill the property owners once, twice, or four times per year, at the Town's discretion.
The Town reserves the right to increase or decrease the rates and charges set forth, by further ordinance, and to establish different classifications as to rates for residential, commercial or industrial use in accordance with applicable state or federal regulations.
All rates and/or charges referred to in this chapter shall constitute a lien on the real estate served and shall be collectible in the same manner as Town taxes or by suit at law.
The property owner shall be responsible for all charges for sewer and water used or lost through leaks, carelessness, or neglect after the same has passed through the water meter. The Town Council authorizes both the Clerk-Treasurer and the Superintendent to consider requests for abatement of sewer and water bills that the customer considers improper when the bill in question is the result of an exterior leak which has been acceptably documented. Acceptable documentation is a letter or invoice from a registered plumber or Public Works Staff detailing the problems found. Property owners who disagree with the finding of the Clerk-Treasurer or Superintendent shall have the right to appeal the decision to the Town Council which may defer the request to the Denton Utility Commission for a recommendation. The Town Council, in its discretion, shall have the authority to abate charges upon a finding by a majority of the Council that the property owner has demonstrated good cause for such abatement.
Any person who violates any provision of or fails to perform any duty imposed by this chapter or who fails to perform any duty imposed by a rule, regulation, order, or permit adopted pursuant to this chapter is guilty of a misdemeanor, and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding six months, or both.
Any person violating any provision of this chapter shall become liable to the Town of Denton for any expense, loss or damage occasioned the Town by reason of such violation.
Whenever the public necessity, convenience, general welfare of the Town and its citizens require, the Town may amend or repeal any provision herein upon motion duly made and carried by a majority of the Town Council.