Town of Clinton, NJ
Hunterdon County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Town of Clinton 12-14-1971 as Section 12-2 of Ch. XII of the Revised General Ordinances, 1971. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 73.
Subdivision and site plan review — See Ch. 88, Art. VI.
Sewer connections — See Ch. 111.
Water — See Ch. 142.
Water supply protection — See Ch. 143.
Individual sewage disposal systems — See Ch. 172.
Water supply — See Ch. 178.

§ 112-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
BOD (biochemical oxygen demand)
The quantity of oxygen, expressed in milligrams per liter, utilized in the biochemical oxidation of organic matter under standard laboratory procedure for five days at 20º C. The standard laboratory procedure shall be that found in the latest edition of Standard Methods.
BUILDING SEWER
The extension from the sewage drainage system of any structure to the service lateral of a collection sewer.
CHLORINE DEMAND
The amount of chlorine, in milligrams per liter, which must be added to sewage to produce a chlorine residual of 0.5 milligrams per liter after a contact period of 60 minutes, in accordance with procedures set forth in Standard Methods.
COLLECTION SEWER
The town's collection sanitary sewers located under highways, roads, streets and rights-of-way with branch service laterals that collect and convey sanitary sewage or industrial wastes, or a combination of both, and into which storm-, surface and ground waters or unpolluted industrial waters or liquids are not intentionally admitted.
CONNECTION UNIT
Each individual building or house, whether constructed as a detached unit or as one of a pair or row, which is designated or adaptable to separate ownership for use as a family dwelling unit or for commercial or industrial purposes. A school, factory, apartment house, office building or other multiple unit structure whose individual apartments or units are connected to a common internal sewerage system and which are not commonly subject to separate ownership shall be considered as one connection unit.
COOKING ESTABLISHMENTS
Those establishments primarily engaged in activities of preparing, serving, or otherwise making available for consumption foodstuffs and that use one or more of the following preparation activities: cooking by frying (all methods), baking (all methods), grilling, sauteing, rotisserie cooking, broiling (all methods), boiling, blanching, roasting, toasting, or poaching. Also included are infrared heating, searing, barbecuing, and any other food preparation activity that produces a hot, non-drinkable food product in or on a receptacle that requires washing.
[Added 5-8-2007 by Ord. No. 07-06]
ENGINEER
The town's Engineer who is engaged at the time to serve the town for the design, inspection of construction and operation of the town's sanitary sewerage system.
FATS, OILS, AND GREASES
Organic polar compounds derived from animal and/or plant sources that contain multiple carbon chain triglyceride molecules.
[Added 5-8-2007 by Ord. No. 07-06]
GARBAGE
Solid wastes resulting from preparation, cooking and dispensing of food and from handling, storage and sale of food products and produce.
GREASE TRAP OR INTERCEPTOR
A device for separating and retaining waterborne greases and grease complexes prior to the wastewater exiting the trap and entering the sanitary sewer collection system.
[Added 5-8-2007 by Ord. No. 07-06]
GROUND GARBAGE
The residue from the preparation, cooking and dispensing of food that has been shredded to such degree that all particles will be carried freely in suspension under the flow conditions normally prevailing in public sewers with no particle greater than 1/2 inch in any dimension.
IMPROVED PROPERTY
Any property within the sewered area upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure sanitary sewage or industrial wastes shall be or may be discharged.
INDUSTRIAL WASTES
Any solid, liquid or gaseous substance discharged, permitted to flow or escaping in the course of any industrial, manufacturing, trade or business process or in the course of the development, recovery or processing of natural resources, as distinct from sanitary sewage.
MINIMUM DESIGN CAPACITY
The design features of a grease interceptor and its ability or volume required to effectively intercept and retain greases from grease-laden wastewaters discharged to the sanitary sewer.
[Added 5-8-2007 by Ord. No. 07-06]
NON-COOKING ESTABLISHMENTS
Those establishments primarily engaged in the preparation of precooked foodstuffs that do not include any form of cooking.
[Added 5-8-2007 by Ord. No. 07-06]
NORMAL SEWAGE
Sewage with a maximum:
A. 
Five-day biochemical oxygen demand of 250 milligrams per liter.
B. 
Suspended solids content of 300 milligrams per liter.
C. 
Chlorine demand of five milligrams per liter.
OWNER
Any person vested with ownership, legal or equitable, sole or partial, of any property located in the sewered area.
pH
The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions, gram molecules per liter of solution, and indicates the degree of acidity or alkalinity of a substance.
PROHIBITED CONCENTRATION
Any discharge of wastewater containing more than 100 milligrams per liter by weight of fat, oil or grease in any sample, whether obtained as a composite or a grab sample.
[Added 5-8-2007 by Ord. No. 07-06]
SANITARY SEWAGE
Normal water-carried household and toilet wastes from an improved property.
SANITARY SEWER
A sewer that conveys sewage or industrial wastes, or a combination of both, and into which storm-, surface and ground waters or unpolluted industrial wastes are not intentionally admitted.
SANITARY SEWER SYSTEM
All facilities as of any particular time situated in the sewered area and owned or operated by the town for collecting, pumping, treating and disposing of sanitary sewage and industrial wastes.
SERVICE LATERAL
That part of the sewerage system from the collection sewer to a point just beyond the curbline or to a point one foot beyond the edge of the paved roadway if there is no curbline.
SEWAGE TREATMENT PLANT
The plant and facilities operated for the treatment of sewage and industrial wastes by the town to which the sewer system is to be connected.
SEWER
Any pipe or conduit constituting a part of the sanitary sewer system, used or usable to collect and convey sewage and to which ground- or unpolluted industrial waters, surface and storm water or liquids are not admitted intentionally.
SEWERAGE
The system of sewers and appurtenances for the collection, transportation and pumping of sewage and industrial wastes.
SEWERED AREA
That portion of the town in which there is constructed a sewage collection system of the town in accordance with plans approved by the town and as from time to time constructed and extended.
SLUG
Any discharge of water, sewage or industrial waste which exceeds in concentration of any given constituent or in quantity of flow, for any period of longer duration than 15 minutes, more than five times its average hourly concentration of flow.
STANDARD METHODS
The examination and analytical procedures set forth in the most recent edition of Standard Methods for the Examination of Water, Sewage and Industrial Wastes, published jointly by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation.
STORM SEWER
A sewer that carries storm- , surface and ground water drainage but excludes sewage and industrial wastes.
SURCHARGE
A charge, in addition to the service charge rental, which is levied on those persons whose wastes are greater in strength than the concentration values established as representative of normal sewage.
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 filtration. The standard laboratory procedure shall be that found in the latest edition of Standard Methods.
TOWN'S AUTHORIZED AGENT
The Plumbing Inspector appointed by the Board of Health of the town.
TOXIC SUBSTANCE
Any substance (including copper, cyanide and chromium compounds) used in biological sewage treatment in such form or concentration as to be toxic or to inhibit the activity of humans, animals or organisms.
UNPOLLUTED WATER OR LIQUIDS
Any water or liquid containing none of the following:
A. 
Free or emulsified grease or oil.
B. 
Substances that may impart taste, odor or color.
C. 
Odorous or otherwise obnoxious gases.
D. 
Total dissolved solids in excess of 1,000 milligrams per liter.
E. 
Suspended solids in excess of five milligrams per liter.
F. 
A biochemical oxygen demand (BOD) in excess of five milligrams per liter.
G. 
A pH below 6.0 or greater than 9.0.
USER
Any person who contributes, causes or permits the contribution or discharge of wastewater into the sanitary sewer.
[Added 5-8-2007 by Ord. No. 07-06]

§ 112-2 Building sewers and connections.

A. 
Required connections.
(1) 
Within 90 days after service of notice to connect is given to the owner of a connection unit by the Engineer, the connection unit identified in the notice shall be connected with and use the services and facilities of the sanitary sewer system to the exclusion of any other systems or methods for the collection and disposal of sewage and industrial wastes.
(2) 
All connection units within an area served by the sanitary sewer system shall be connected with and use the services and facilities of the sanitary sewer system, to the exclusion of any other systems or methods for the collection and disposal of sewage and industrial wastes, within one year after the issuance of the certificate of completion issued with regard to the sanitary sewer serving that particular area, notwithstanding the failure of the town to serve the ninety-day notice provided for in this subsection, except those units specifically excepted by action of the Town Council by reason of economic unfeasibility of the connection, which exception may be rescinded by the Town Council when the connection becomes economically feasible.
(3) 
No person shall uncover, connect with, make any opening into or use, alter or disturb in any manner any sewer or the sanitary sewer system without first obtaining a permit in writing from the town. Permits shall be issued to owners required to connect to a sewer by this section and may be issued by the town to owners not so required to connect.
(4) 
If any owner fails to comply with the notice from the town within 90 days of the date of service, the town shall have the connection made by a registered plumber. The Engineer shall certify these costs to the Town Council, and he shall notify the owner when and where the Town Council will examine the certificate and that objections will be heard at that time. If the certificate is found correct, the Town Council shall cause the cost to be added to the sewer bill for the property in question and the amount so charged shall become a lien upon the lands. Such charge shall bear interest at the same rate as delinquent taxes and be collected and enforced by the Collector of Sewer Rents in the same manner as taxes.
B. 
Application for a permit required under this section shall be made by the owner of the improved property to be served or by his authorized representative.
C. 
No person shall make or cause to be made a connection of any improved property with a sewer until a permit has been issued by the town as required by this section and until the person has given the town's authorized agent at least 24 hours' notice of the time when the connection will be made so that the agent may supervise and inspect the work of connection and, when necessary, supervise the testing.
D. 
Except as otherwise provided in this section, each connection unit on each improved property shall be connected separately and independently with a sewer through a building sewer. Grouping of more than one connection unit on one building sewer shall not be permitted except under special circumstances and for good sanitary reasons or other good cause shown, and then only after special permission of the Sewer Committee of the Town Council is secured.
E. 
All costs and expenses of construction of a building sewer and costs and expenses of connection of a building sewer to a collection sewer or service lateral shall be borne by the owner of the improved property to be connected; and the owner shall indemnify and save harmless the town from all loss or damage that may be occasioned directly or indirectly as a result of construction of a building sewer or of connection of a building sewer to a service lateral.
F. 
Materials for a building sewer, jointing materials and methods of installation shall be in accordance with the requirements of § 112-3 and shall be subject to approval of the town's authorized agent.
G. 
The permit required by this section shall be displayed prominently upon the improved property to be connected to a sewer at all times during construction of the building sewer and connection of the building sewer to a service lateral.
H. 
Making connections.
(1) 
A building sewer shall be connected to the sewer system at the end of the service lateral at the curbline point of connection located in the sidewalk area. No person shall make a connection directly to or tamper with a service lateral in any manner except in the presence of the town's authorized agent.
(2) 
All work of making connection to any of the town's sewers shall be done under the personal supervision of the town's authorized agent and shall conform to the following requirements:
(a) 
All joints shall be sealed and made airtight and shall be smooth and clean inside, with all sewers in proper alignment and of proper grade so as to provide free flow of sewage matter without any obstructions, and shall be made in accordance with the town's specifications for its sanitary sewers. Financially and otherwise, all work pertaining to the connection with the town's sewers shall be the responsibility of the owner of the property with which connection is made, subject to the right of supervision hereby reserved by the town.
I. 
Service laterals.
(1) 
A service lateral shall be connected to a collection sewer with an approved saddle-type fitting properly installed and encased in an eight-inch envelope of concrete extending completely around the barrel of the collection sewer pipe.
(2) 
All service laterals installed after the initial construction period shall be installed by the town at the expense of the owner of the connection unit served by the lateral. The service lateral shall conform to the town's specifications and the following requirements:
(a) 
All joints shall be sealed and made airtight and shall be smooth and clean inside, with all sewers in proper alignment and of proper grade to provide free flow of sewage matter without any obstructions, and to be made in accordance with the town's specifications for its sanitary sewers and shall be subject to the right of inspection hereby reserved by the town. Service laterals and building sewers for the same connection shall be of the same size and material throughout and shall in no case be less than four inches in diameter.
J. 
Connections to service laterals, if of the same pipe size, shall be made by properly joining to the bell end of the service lateral provided. If cast-iron pipe four inches in diameter is used, the connection shall be made with a standard adapting fitting of cast iron. This shall apply also to the connection of the house drain to the building sewer pipe. Projecting the smaller pipe into the larger and sealing shall not be permitted.
K. 
Within 90 days following the abandonment of all septic tanks, cesspools and seepage pits for the treatment of sanitary sewage, these facilities, except those with concrete lids at least four inches thick, shall be filled with sand, crushed stone, gravel or shale to prevent the pits from caving in or from in any way becoming a health or safety hazard. Septic tanks, cesspools and seepage pits with concrete lids may be used for the disposal of stormwater from roof drains, etc.

§ 112-3 Rules and regulations for building sewers and connections.

A. 
Building sewers shall be no less than four inches in diameter.
B. 
All service laterals and building sewers shall be constructed of one of the following types of pipe, subject to this section:
(1) 
Asbestos-cement building sewer pipe at least four inches in internal diameter.
(2) 
Medium-weight cast-iron soil pipe at least four inches in internal diameter conforming to ASTM designation A-74-42.
C. 
Jointing materials for the various types of pipe shall be as follows:
(1) 
Asbestos-cement pipe shall have joints consisting of two rubber rings and an asbestos-cement sleeve.
(2) 
Cast-iron pipe shall have leaded joints properly caulked or an approved rubber joint.
D. 
Uniform bearing shall be provided along the entire length of a building sewer; and all joints of a building sewer shall be watertight and rootproof. No cement mortar joints shall be used.
E. 
Where an improved property, at the time of securing a permit under § 112-2 to connect to a sewer, is served by its own sewage disposal system or device, the existing house sewer line shall be broken on the building side of the sewage disposal system or device and attachment shall be made with proper fittings to continue the house sewer line as a building sewer, undiminished in inside diameter but not less than four inches, to the service lateral.
F. 
A building sewer to serve one improved property may occupy the same trench as a building sewer to serve the next adjoining improved property, provided that the common trench is on or immediately adjacent to the common property line and such joint occupancy is by mutual agreement of the owners concerned.
G. 
It shall be the duty of every person constructing or owning any building sewer, house drain, soil pipe, waste pipe, vent pipe, plumbing fixtures or any other passage or connection between a sewer and any grounds, building, structure or place of business, and in like manner it shall be the duty of the owners of all grounds, buildings, structures and all parties interested therein, to cause and require that such building sewer, house drain, soil pipe, waste pipe, vent pipe, plumbing fixtures and every other passage or connection is adequate for its purpose and at all times allows free passage of all material that enters or should enter the same. No change of drainage, sewerage or the building sewer of any building shall be permitted unless notice thereof is given to the town's authorized agent or to the Engineer and assent of the town thereto is obtained in writing.
H. 
Fittings in a building sewer shall conform to the type of pipe used in construction.
I. 
Changes in direction in a building sewer shall be made by use of Y-branches or of one-eighth or one-sixteenth bonds. Caulking of lead joints or alignment of self-sealing joints to angles of less than a one-sixteenth bend equivalent only shall be permitted.
J. 
Fittings or connections in a building sewer which have an enlargement, chamber or recess with a ledge, shoulder or reduction of pipe area that offers any obstruction to flow shall not be allowed.
K. 
Joints in cast-iron soil pipe in a building sewer shall be packed with oakum in the bell and spigot terminations and thereafter shall be filled with molten lead to a depth of at least one inch and shall not be depressed more than 1/8 inch below the rim of the hub. Then the lead shall be caulked in place. No paint, varnish or other coating shall be permitted on the jointing material until after the building sewer has been tested and approved as provided in this section. Rubber-ring joints of approved design may also be used.
L. 
Floor drains shall not be connected to a building sewer.
M. 
Cleanouts.
(1) 
A cleanout shall be provided inside the building for rodding the building sewer. If it is physically impossible to locate the cleanout just inside the building, it shall be permissible to locate the cleanout just outside the building wall, with the riser brought to the ground surface.
(2) 
Cleanouts shall be provided on each building sewer at intervals to permit complete rodding with a one-hundred-foot-long auger or tape. Cleanouts shall be constructed by using a Y-fitting in the run of pipe, with a forty-five-degree bend and riser to the ground surface. The riser pipe shall be provided with a standard four-inch screw-type ferrule.
(3) 
A Y-fitting with a cap clamped in place may be provided for all building sewers at the curbline point of connection or at any location within the sidewalk area if desired.
N. 
Wherever in the opinion of the Engineer or the town's authorized agent the trenching conditions require either a specific type of pipe, jointing material or encasement in concrete, the materials it may direct shall be installed to protect the property owner or the town for special conditions as follows:
(1) 
Where the trench is over 12 feet deep, extra-strength VC pipe or Class 3300 AC pipe or extra-heavy cast-iron pipe shall be used.
(2) 
Where the trench is less than four feet deep in a traveled roadway, special bedding consisting of crushed stone or concrete cradle as directed by the Engineer or the town's authorized agent shall be used.
(3) 
Service laterals and building sewers for all service stations, garages or other establishments storing, using or dispensing gasoline, kerosene, benzine or similar solvents shall be constructed of cast-iron pipe with leaded joints. Rubber-ring joints shall not be permitted.
(4) 
Where lines are laid in fill, extra-heavy cast-iron soil pipe with lead joints shall be used.
(5) 
Where foundation conditions are poor due to groundwater or subsurface materials, a bedding of quarry blend crushed stone at least six inches in depth shall be used.
(6) 
Where rock is encountered, it shall be excavated to a depth of four inches below the bottom of the pipe and the trench refilled to the grade line with clean earth, sand or crushed stone.
O. 
The slope or grade of a building sewer when the inside diameter is four inches or more shall be no less than 1/4 inch per foot of length and shall be downward in the direction of flow, provided that when asbestos-cement sewer pipe is used, the slope may be reduced but shall be not less than 1/8 inch per foot of length.
P. 
No building sewer shall be covered until it has been inspected, tested and approved as provided in this section. If any part of a building sewer is covered before so being inspected, tested and accepted, it shall be uncovered for inspection and testing at the cost and expense of the owner of the improved property to be connected to a sewer.
Q. 
When found necessary by the town's authorized agent or the Town Engineer, the building sewer shall be tested by filling the same completely with water so that every section is tested with not less than a ten-foot head of water. Water shall be kept in the building sewer for 15 minutes before inspection starts and no leakage shall be observable at the time of the inspection.
R. 
Upon inspection and approval of a building sewer by the town, a certificate of approval shall be issued to the owner of the improved property to be connected to a sewer.
S. 
The town's authorized agent or Engineer shall observe all required testing of a building sewer. All equipment and material required for testing shall be furnished by the owner of the improved property to be connected to a sewer. If a building sewer is not approved by the town, a further test or tests shall be made following completion of necessary corrections. A fee of $5 shall be charged by the town for observation of each test subsequent to the initial test.
T. 
Whenever the town has reason to believe any building sewer has become defective, such building sewer shall be subject to test and inspection. Defects found upon test and inspection shall be corrected as required by the town, at the cost and expense of the owner of the improved property served through the building sewer.
U. 
Every building sewer on any improved property shall be maintained in a sanitary and safe operating condition by the owner of the improved property.
V. 
Every excavation for a building sewer shall be guarded adequately with barricades and lights to protect all persons from damage and injury. Streets, sidewalks and other public property disturbed in the course of installation of a building sewer shall be restored in a manner satisfactory to the town, at the cost and expense of the owner of the improved property being connected.
W. 
Wherever the surface of any public street, sidewalk or cartway is disturbed by construction of a service lateral or building sewer, the surfacing material shall be restored in kind and maintained to the satisfaction of the town. Any and all construction in a public street of the town shall be in compliance with the ordinances of the town, and any and all construction in a state highway shall be in compliance with the requirements and specifications of the New Jersey Department of Highways, and all necessary permits shall be obtained from the town and other appropriate agencies before construction is commenced, including the permit required for opening or disturbing the surface of a street or right-of-way.
X. 
The construction of building sewers shall at all times be subject to supervision and inspection by the town or its authorized agent and shall conform to the town specifications. The building sewer shall not be covered until permitted by the Engineer or town's authorized agent or representative, and all backfilling of trenches shall be under their supervision and shall be thoroughly compacted by tamping in six-inch layers to a minimum height of 24 inches above the top of the pipe.
Y. 
Connections with sewers where same are run through private property shall in all respects be governed by these rates, rules and regulations.
Z. 
No roof drainage, cellar drainage, surface water, swimming pool drainage or backwash water, waste from hydrants or groundwater from underground drainage fields shall be admitted or be permitted to drain into the sewer system. The sewer system shall convey sanitary sewage and industrial wastes only.
AA. 
The town shall have the right to close or disconnect from the sewer system any building sewer used for carrying rain, cellar drainage, surface water, groundwater or objectionable matter or whenever any violations of these rates, rules and regulations are committed.
BB. 
The town shall not be liable for any damage or expense resulting from leaks, stoppages or defective plumbing or from any other cause occurring to any premises or within any house or building; and it is expressly stipulated by and between the town and the owner that no claims shall be made against the town on account of the breaking or stoppage of or any damage or expense to any service lateral or house connection when the cause thereof is found to be in the lateral or house connection.
CC. 
The town shall not be liable for a deficiency or failure of service when occasioned by an emergency, required repairs or failure from any cause beyond control. The town reserves the right to restrict the use of sewer service whenever the public welfare requires it. In consideration of the right to connect to the sewer system, the town shall not be liable for any damage or expense resulting from leaks, stoppages or defective plumbing or from any other cause occurring to any premises or within any building, and it is hereby expressly agreed by all persons making connection with the sewer system that no claims shall be made against the town on account of the breaking or stoppage of or any damage or expense to any service lateral or building sewer where the cause thereof is found to be in such service lateral or building sewer.

§ 112-4 Registration of contractors.

Any contractor, before performing work involving the construction of a building sewer or the connection of a building sewer to a service lateral, shall register with the town's authorized agent, giving his name, business and home addresses and telephone numbers and the amount and nature of his experience.

§ 112-5 Unsatisfactory conditions; pretreatment of industrial wastes; additional regulations.

A. 
If any person fails or refuses, upon receipt of a notice in writing from the town, to remedy any unsatisfactory condition with respect to a building sewer within 60 days of receipt of notice, the town may refuse to permit such person to discharge sanitary sewage and industrial wastes into the sanitary sewer system until the unsatisfactory condition is remedied to the satisfaction of the town.
B. 
The town reserves the right to refuse to any person the privilege of connection of any improved property to a sewer or to compel discontinuance of use of a sewer by any person or to compel the pretreatment of industrial wastes in order to prevent discharge into the sanitary sewer system of wastes which may be deemed by the town to be harmful to the sanitary sewer system or to have a deleterious effect on the sewage treatment process.
C. 
The town reserves the right to adopt additional rules and regulations as it deems necessary and proper relating to connections with a sewer and the sanitary sewer system, which additional rules and regulations to the extent appropriate shall be part of these rates, rules and regulations.

§ 112-6 Industrial wastes and prohibited wastes.

A. 
Admission of industrial wastes into the sewer system.
(1) 
Approval required for industrial wastes. The discharge into the sanitary sewer system of industrial wastes having any of the following characteristics shall be subject to prior review and approval of the town:
(a) 
A five-day BOD greater than 150 milligrams per liter.
(b) 
A suspended solids content greater than 300 milligrams per liter.
(c) 
A chlorine demand greater than five milligrams per liter.
(d) 
An average daily flow greater than 10% of the average daily sewage flow of the sanitary sewer system.
(e) 
Any quantity of substances possessing characteristics described below.
(2) 
Preliminary treatment and handling of industrial wastes.
(a) 
Whenever necessary, in the opinion of the town, the owner of improved property shall provide at his expense such facilities for preliminary treatment and handling of industrial wastes as may be necessary to:
[1] 
Reduce BOD to 250 milligrams per liter and suspended solids to 300 milligrams per liter by weight.
[2] 
Reduce objectionable characteristics or constituents to come within the maximum limits permitted.
[3] 
Control the quantities and rates of discharge over a twenty-four-hour day and a seven-day week.
(b) 
Plans, specifications and any other pertinent information relating to proposed facilities for preliminary treatment and handling of industrial wastes shall be submitted for approval of the town, and no construction of any such facility shall be commenced until approval is obtained in writing from the town and from any governmental regulatory body having jurisdiction.
(c) 
Whenever facilities for preliminary treatment and handling of industrial wastes have been provided by the owner of improved property, these facilities shall be maintained continuously in satisfactory operating condition at the expense of the owner; and the town shall have access to the facilities at reasonable times for inspection and testing.
B. 
Prohibited wastes.
(1) 
No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, cooling water or unpolluted industrial or unpolluted commercial process water into any sewer.
(2) 
Except as otherwise provided in these rules and regulations, no person shall discharge or cause to be discharged any of the following described wastes or waters into the sanitary sewer system:
(a) 
Any liquid or vapor having a temperature higher than 150º F.
(b) 
Any water or waste containing more than 100 milligrams per liter by weight of fats, oils or greases.
(c) 
Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas which by reason of its nature or quality may cause fire or explosion or which in any other way may be injurious to persons, to the sanitary sewer system or to the sewage treatment plant.
(d) 
Any noxious or malodorous gas or substance which, either singly or by interaction with other wastes, is capable of creating a public nuisance or hazard to life or of preventing entry into any sewer or the sewage treatment plant for maintenance and repair.
(e) 
Any garbage, except properly shredded or ground garbage.
(f) 
Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, bones, feathers, tar, plastic, wood, paunch manure, butcher's offal or any other solid or viscous substance which is capable of causing obstruction to the flow in any sewer or other interference with the proper operation of the sanitary sewer system or the sewage treatment plant.
(g) 
Any water or waste having a pH lower than 6.0 or higher than 9.0 or having any corrosive property capable of causing damage or hazard to structures or equipment of the sanitary sewer system or the sewage treatment plant or to personnel engaged in their operation and maintenance.
(h) 
Any water or waste containing any toxic substance in quantity sufficient to constitute a hazard to humans or animals or to interfere with the biochemical processes of the sewage treatment plant or in such condition that it will exceed state, federal or other validly existing requirements for the receiving stream.
(i) 
Any water or waste containing suspended solids of such character and quantity that unusual attention or expense is required to handle such water or waste at the sewage treatment plant.
(j) 
Any radioactive isotopes except by special permission of the town.
(k) 
Any drainage from building construction.
(3) 
Oil and grease interceptors.
(a) 
Gas stations and garages shall be required to provide oil interceptors of the types Series GA, GX, GNC, GRC of Josam Manufacturing Company, Michigan City, Indiana, or their equivalent in the proper location where the dangerous liquids are to be intercepted.
(b) 
Restaurants or other commercial establishments as directed are required to provide grease interceptors of the type Series J of the Josam Manufacturing Company or its equivalent.
(c) 
Grease trap/interceptor maintenance, recordkeeping and grease removal.
[Added 5-8-2007 by Ord. No. 07-06]
[1] 
Grease interceptors shall be installed by users as required by the Town Wastewater Engineer or his designee. Grease interceptors shall be installed at the user's expense, when such user operates a cooking establishment. Grease interceptors may also be required in non-cooking and other industrial or commercial establishments when they are deemed necessary by the Town Wastewater Engineer for the proper handling of liquid wastes containing grease. No user shall allow wastewater discharge concentration from a grease interceptor to exceed 100 milligrams per liter by weight. All grease interceptors shall be of a type, design, and capacity approved by the Town Wastewater Engineer or his designee and shall be readily and easily accessible for user cleaning and Town inspection. All such grease interceptors shall be serviced and emptied of accumulated waste content as required to maintain minimum design capability or effective volume of the grease interceptor, but not less than every 30 days.
[2] 
The user shall maintain a written record of grease interceptor maintenance for a minimum of three years. All such records must be available for inspection by the Town at all times.
[3] 
For a period of 90 days following adoption of this subsection, although installation of grease interceptors will be required, no enforcement actions will be taken under this subsection for failure to achieve limits on grease discharges from grease interceptors. However, if during this ninety-day period an obstruction of a Town sewer main(s) occurs that causes a sewer overflow or failure of the sanitary sewer collection system to convey sewage which can be attributed in part or in whole to an accumulation of grease in the Town's sewer main(s), the Town will take appropriate enforcement actions against the generator or contributor of such grease.
(d) 
Prohibition on discharge of fats, oils and grease.
[Added 5-8-2007 by Ord. No. 07-06]
[1] 
No person shall discharge a prohibited concentration of fats, oils or grease into Town sewers from a facility required to install and maintain a grease interceptor.
[2] 
No person shall reintroduce or deposit into Town sewers any fats, oils or grease which have been removed from the sewer system by grease interceptors.
[3] 
No person shall deposit or discharge into Town sewers any fats, oils or grease which have been removed from a grease interceptor or sewer system outside the Town.
[4] 
No person shall introduce, nor allow the introduction of, physical, chemical or biological agents into grease interceptors for the purpose of resuspending, dissolving, emulsifying or rendering soluble any fats, oils or grease removed from wastewater by such grease interceptors and reintroducing them into the Town sewer system.
(4) 
Nothing contained in this section shall be construed as prohibiting any special agreement or arrangement between the town and any person whereby industrial wastes of unusual strength or character may be admitted into the sewer system by the town either before or after preliminary treatment.
C. 
Regulations governing admission of industrial wastes into the sewer system.
(1) 
Required survey data. Any person desiring to make a connection to the sanitary sewer system through which industrial wastes are to be discharged shall file with the town an industrial wastes questionnaire to be furnished by the town, which questionnaire shall supply pertinent data, including the estimated quantity of flow to be discharged into the sewer system.
(2) 
Control manholes.
(a) 
When required by the town, any person who discharges industrial wastes into the sanitary sewer system shall construct and properly maintain at his own expense a suitable control manhole to facilitate observation, measurement and sampling by the town.
(b) 
When required by the town, any such control manhole shall be constructed at an accessible, safe, suitable and satisfactory location in accordance with plans approved by the town prior to commencement of construction.
(3) 
Sewage sampling. Industrial wastes being discharged into the sewer system shall be subject to periodic sampling, inspection and determination of character and concentration. Sampling, inspection and determination shall be made by the town as frequently as may be deemed necessary. Representative samples for a full working day shall be obtained by taking hourly samples and compositing them in accordance with the flow at the time of sampling. Sewage sampling facilities shall be accessible to the town at all times. Due care shall be exercised in the collection and preservation of all samples to ensure preservation in as nearly the natural state as possible, including refrigeration of all samples which are intended for analysis by biochemical methods.
(4) 
Analysis.
(a) 
The town shall be responsible for analysis of samples of industrial wastes.
(b) 
Laboratory methods used in the analysis of samples of industrial wastes shall be those set forth in the latest edition of Standard Methods for Examination of Water and Sewage, as published by the American Public Health Association, provided that alternate methods for the analysis of industrial wastes may be used, subject to mutual agreement between the town and the person discharging the industrial wastes into the sanitary sewer system.
(5) 
Changes in type of wastes. Any owner of an improved property who is discharging industrial wastes into the sanitary sewer system and who contemplates a change which will alter the type of these industrial wastes shall notify the town in writing at least 10 days prior to consummation of the change.
D. 
Slugs and equalized discharge. No person shall cause the discharge of slugs of water or wastes. Each person producing a discharge into the public sewers in excess of 40,000 gallons in any one day shall construct and maintain at his own expense a suitable flow-control facility to ensure equalization of discharge over a twenty-four-hour period. This facility shall have a capacity of at least 50% of the total normal volume of a twenty-four-hour production period, and the outlet to the sewer shall be equipped with a rate discharge controller or other approved device, the regulation of which shall be directed by the town.
E. 
Computation of surcharge. The surcharge per owner of an improved property shall be determined as follows:
(1) 
The surcharge for treating wastes with constituents in excess of normal shall be computed as follows:
(a) 
BOD. Daily excess of BOD charge equals (mg/l BOD 250) times 8.345 times (flow in millions of gallons per day) times (BOD surcharge rate).
(b) 
Suspended solids. Daily excess suspended solids charge equals (mg/l suspended solids 300) times 8.345 times (flow in millions of gallons per day) times (suspended solids surcharge rate).
(c) 
Chlorine demand. Daily chlorine demand charge equals (mg/l chlorine demand 5) times 8.345 times (flow in millions of gallons per day) times (chlorine demand surcharge rate).
(2) 
Any computation yielding a negative value shall be ignored. The charge for the billing period shall be computed by adding together the daily surcharges and then multiplying this total by the number of days in the billing period.
F. 
Rates of surcharge. The rates of surcharge for each of the previously described constituents shall be as follows:
(1) 
For biochemical oxygen demand (BOD): $0.20 per pound.
(2) 
For suspended solids: $0.15 per pound.
(3) 
For chlorine demand: $0.15 per pound.
G. 
Revision of rates. The rates of surcharge shall be reviewed annually by the town in order to determine whether or not they are sufficient to defray the fixed charges, amortization costs and annual cost of operation as determined from the sewage treatment plant records. If the difference between the revenue derived from the rates of surcharge and the total annual cost is sufficient to justify an increase or decrease in the rates, the town shall make the appropriate change.

§ 112-7 Housing, industrial and commercial developments.

A. 
Builders and developers shall construct collection sewers and install and connect service laterals and building sewers for every housing, commercial and industrial unit within a development prior to their individual sale or use. The builder or developer shall comply with these rates, rules and regulations. Plot plans for a development shall be submitted to the town for approval prior to any construction. Sewer plans conforming to all original specifications established by the town as to type of pipe, location of mains, size of pipe, grades, methods of laying pipe and the type and construction of all necessary appurtenances shall be prepared by the town's consulting engineer and approval obtained from the necessary state agencies. All plans shall be in accordance with the town's Master Sewer Plan. Where necessary, lines shall be constructed beyond the housing development areas to connect to the town's sewer system. The engineering fees and charges for permits shall be paid to the town by the builder or developer. In no case shall lesser standards than exist in the town's sewer system and as outlined in these rates, rules and regulations be permitted for any future extensions. Upon approval of such plans by the town, the extensions may be constructed by and at the expense of the builder or developer, but only under the inspection of an inspector designated by the town or its Engineer. The cost of such inspection, including salaries and expenses, shall be borne by the builder or developer making the extensions.
B. 
Upon completion of the sewer system for a development and following formal acceptance by the town, the ownership of the sewer system shall be deeded to the town, after which time the town shall assume all maintenance and operation of the system except that maintenance which is specifically excluded at the time of acceptance.

§ 112-8 Miscellaneous provisions.

A. 
Access. The town shall have the right of access at reasonable times to any part of any improved property served by the sewer system as shall be required for purposes of inspection, measurement, sampling and testing and for performance of other functions relating to service rendered by the town through the sewer system. All applications for permits for connections shall contain an agreement permitting such access as a condition of granting the permit.
B. 
Additional rules and regulations. The town reserves the right to amend these rates, rules and regulations or to adopt additional rates, rules and regulations as it deems necessary and proper in connection with the use and operation of the sewer system or as may be required to meet necessary costs and expenses or in order to comply with the covenants of the town with the holders of its sewer revenue bonds.
C. 
Variance from rules. No officer or employee of the town shall vary these rules without action by the Town Council.
D. 
Control of service. The town shall not be liable for a deficiency or failure of service when occasioned by an emergency, required repairs or failure from any cause beyond control. The town reserves the right to restrict the use of sewer service whenever the public welfare requires it.
E. 
Notice of change of ownership. Each property owner shall give the town or its authorized agent written notice of any change of ownership of any improved property.

§ 112-9 Connection fee.

A. 
There is hereby imposed upon the owner of each flat-rate sewer rental unit a connection fee as provided in Chapter 73, Fees.
[Amended 3-26-1985 by Ord. No. 85-4]
B. 
This connection fee shall be due and payable to the town at the time the connection is made, by those owners who are required to connect to a sewer of the town, or shall be due and payable 60 days after written notice by the town to the owner has been given requiring the owner to connect, whichever date is earlier, and with respect to owners not so required to connect but who desire to do so, prior to the issuance of the connection permit referred to in § 112-2.
C. 
The determination of the connection fee shall be made by the Town Council, and this fee shall be so determined that it reimburses the town for the cost of the inspection of the building sewer and of the connection between the building sewer and the service lateral.
D. 
All service laterals completed during the initial construction period for the sanitary sewer system shall be installed at the town's expense. The actual date of completion of the sanitary sewage collection system shall be published and made known to the owners of all connection units.
E. 
The sewer connection fee for each laundromat shall be one flat-rate sewer rental unit fee (unit) together with 3/4 unit for each washing machine.
[Added 10-14-1986 by Ord. No. 86-14]
F. 
The sewer connection fee for each hotel, motel or boarder's rooms shall be 1/2 unit for each guest room or boarder's rooms, plus appropriate charges in accordance with schedule for all additional services provided.[1]
[Added 10-14-1986 by Ord. No. 86-14]
[1]
Editor's Note: Said schedule is on file in the town offices.
G. 
Unspecified users: Units shall be determined as a result of an emergency study by the town's Sewer Engineer using as a unit basis 350 gallons per day or any fraction thereof. The engineering study shall be at the cost of the sewer applicant.
[Added 10-14-1986 by Ord. No. 86-14]

§ 112-10 Sewer rentals and charges.

Sewer rentals and charges shall be established which shall be payable by and collected from the owner of each connection unit which is connected with the sanitary sewer system from and after the date upon which the town notifies the owner in writing that the town is prepared to accept sanitary sewage or industrial wastes from the connection unit for transportation to and treatment at the sewage treatment plant. Sewer rentals and charges shall be based on annual operation costs, including a reserve for maintenance and amortization costs of the sanitary sewer system.
A. 
Sanitary sewer rentals.
[Amended 2-13-1973]
(1) 
There shall be established a flat-rate sanitary sewer rental for each flat-rate sewer rental unit in an amount per year to be set by resolution adopted by the Town Council. "Flat-rate sewer rental unit" shall mean each family dwelling unit or the equivalent which is connected with the sanitary sewer system as:
(a) 
A single-family dwelling: one unit.
(b) 
Each family apartment or business or professional suite in a multiple dwelling or office building: one unit.
(c) 
Each half of a double house: one unit.
(d) 
When a doctor's or dentist's office is located in a dwelling, two units shall be charged, one for the office and one for the dwelling.
(e) 
Each church or fire company or similar charitable organization: one unit.
(f) 
Each retail store or business or professional office not otherwise classified: one unit.
(g) 
Each industrial, commercial or financial establishment which does not discharge an industrial waste, regularly occupied during business hours by less than 12 persons, and for each 12 additional persons or portion thereof in regular occupancy during business hours: one unit.
(h) 
Each restaurant: two units.
(i) 
Each restaurant and bar: three units.
(j) 
Each school: 100 pupils per unit.
(k) 
A laundromat: one unit, together with three-fourths ( 3/4) unit for each washing machine.
[Added 10-14-1986 by Ord. No. 86-14]
(l) 
Hotel, motel or boarder's room: one-half ( 1/2) unit per each guest room or boarder's room, together with additional unit charges in accordance with schedule for all additional services.[1]
[Added 10-14-1986 by Ord. No. 86-14]
[1]
Editor's Note: Said schedule is on file in the town offices.
(m) 
Unspecified users: units to be determined as a result of an engineering study by the town's Sewer Engineer using as a unit basis 350 gallons per day or any fraction thereof. The engineering study shall be at the cost of the sewer applicant.
[Added 10-14-1986 by Ord. No. 86-14]
(2) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection A(2), regarding the sanitary sewer rental rate for connected units whose water services are metered, was repealed 3-12-1996 by Ord. No. 96-4.
(3) 
All connection units in addition to the sanitary sewer rental shall be subject to the surcharge set forth in § 112-6.
B. 
Industrial waste charges and rentals. All connection units discharging industrial waste into the sanitary sewer system shall be charged a sanitary sewer rental based on measured volume of discharge in accordance with a schedule to be established from time to time by resolution adopted by the Town Council, provided that a minimum charge equal to a flat-rate sanitary sewer rental shall be paid by each connection unit discharging industrial waste.
C. 
Time and method of payment; interest.
(1) 
Sanitary sewer rentals and industrial waste charges shall be billed quarterly on the first days of January, April, July and October and shall be due and payable immediately. If any bill or part thereof rendered for sewer usage is not paid before the 30th day following the date the bill is due, the bill or unpaid part shall be considered delinquent and subject to interest at the prevailing rate fixed for interest on delinquent real estate taxes from the due date until the bill is paid in full.
(2) 
Whenever service commences after the first day of any quarterly period, sanitary sewer rentals for the first quarterly period shall be prorated equitably.
(3) 
Every owner of improved property which is connected to the sanitary sewer system shall provide the town with his correct address and any changes thereafter. Failure of any person to receive quarterly bills for sewer rentals and charges shall not be considered an excuse for nonpayment nor shall this failure result in an extension of the period of time during which the net bill is payable.
D. 
Measuring volume of industrial waste. Meters to measure the volume of discharge of industrial waste from connection units shall be furnished and installed by the town in accordance with the town's standard procedure for installing water meters. The meters shall be repaired and maintained by the town under the terms and conditions established by the town. The meters shall be accessible to the town at all reasonable times for reading, testing, inspection or repair.
E. 
Unpaid claims; liens. Unpaid charges and rentals for connection with and use of the sanitary sewer system shall be liens upon the premises connected until paid, and the town shall have the same remedies for the collection thereof with interest, costs and penalties as it has by law for collection of taxes upon real estate.