To ensure the proper removal and disposal of
sanitary sewage wastes within the Town of Cromwell, to ensure the
proper operation and maintenance of the public sewage system and to
provide for keeping adequate records of sewers, appurtenances and
connections thereto, the following Articles regulating the construction,
use, repair, alteration, connection to, discontinuance of use or abandonment
of any portion of the sewer system or its appurtenances, including
any pipes discharging directly or indirectly into the sewage system
and any substances being or proposed to be discharged directly or
indirectly into the public sewage system of the Town of Cromwell and
thence into the Mattabassett District sewage treatment plant, are
hereby enacted.
A.
BUILDING DRAIN
CROMWELL WATER POLLUTION CONTROL AUTHORITY
DIRECTOR OF HEALTH
DRAINLAYER or LICENSED DRAINLAYER
HIS
HOUSE CONNECTION
HOUSE CONNECTION LATERAL
INDUSTRIAL WASTE
INSPECTOR
PERSON
PROPERTY OWNER or OWNER
PUBLIC SEWER
SANITARY SEWAGE
SEWER
TOWN
WATERCOURSE
As used in this chapter, the following words or terms
shall have the meanings indicated:
That part of the lowest horizontal piping or drainage system
which receives the discharge from soil, waste or other drainage pipes
within a building and conveys it to a house connection.
A person authorized by the Town of Cromwell to act on its
behalf in matters of health in accordance with the provisions of the
Connecticut General Statutes.
An individual, partnership or corporation to whom the Connecticut
Department of Consumer Protection has issued a license authorizing
said individual, partnership or corporation to perform work on sanitary
sewage systems and who has been issued a permit to do such work within
the territorial limits of said Town of Cromwell by the Sewer Authority.
The term "drainlayer" may also be applied to Town or State of Connecticut
Highway Division employees and employees of utilities and the Mattabassett
Sewer District when they are engaged in installing, altering and repairing
sanitary sewers or connections and appurtenances thereto under permit
from the Sewer Authority or its agents.
A person, regardless of gender.
Where the context so indicates or implies, so much of a pipe
or pipes as to connect a main sewer with a building or buildings,
house or houses or other structures for the purpose of conveying sanitary
sewage from said property to the main sewer. The house connection,
when used in that sense, shall include not only the pipe extending
directly from the main sewer but also pipe or pipes connecting directly
or indirectly thereinto or intended to so connect or discharge. House
connections shall be maintained by the owner or owners of the property
served.
A pipe installed incidental to the original construction
of the main sewer or connected to the main sewer at a later date,
extending from said main sewer to some point at the side of a street,
highway or similar location and there capped. When said pipe is extended
to connect a building, buildings, house, houses or other structure
to the main sewer, it shall thereinafter become part of the house
connection as previously described and shall be maintained by the
owner or owners of the property served.
Includes the liquid or water-carried wastes of any industrial
process not clearly included in the definitions of sanitary sewage,
stormwater, cooling water and subsoil drainage herein. In general,
wastewaters carrying any quantity of oils, grease, fats, abrasives,
chemicals, residues of manufacturing processes, wastes from commercial
food preserving or canning and from slaughterhouses or meat processing
plants and similar substances, whether dissolved or mechanically carried
by water, shall be considered as "industrial waste."
The person or persons duly authorized by the Sewer Authority
to inspect and approve all construction work associated with the sanitary
sewer system of the Town of Cromwell.
Any individual, firm, association, society, corporation or
group.
Includes the owner of the fee in any real estate and also
all tenants, lessees or others in control or possession and use of
the property in question or any interest therein and his, her, its
or their agents or representatives.
A sewer in which all owners of abutting properties have equal
rights and which is controlled by a public authority.
The common waste and water carried wastes from human dwellings
and from toilet and lavatory fixtures, kitchens, laundries and similar
facilities of business and industrial buildings. Except as specifically
authorized, sanitary sewage shall not include stormwater from roofs,
yards, streets or open spaces, water from land surfaces or brooks,
clean waste or overflows from springs, wells or subsoil drainage,
large volumes of clean water from air-conditioning or other cooling
or condensing facilities, clean wastewater from hydraulically operated
contrivances and those wastes included within the definition of industrial
waste in this section, except in the event that specific provisions
for such industrial wastes are set forth by the Mattabassett District
and can be handled without damage to the existing sewer system of
the Town of Cromwell.
Includes the main pipe, manholes and other structures and
equipment appurtenant thereto controlled and maintained by the Town
of Cromwell for the conveyance of sanitary sewage and shall not be
understood to include house connections or connections between the
main sewer and individual properties. In the situation where a private
connection enters the system at a manhole, the limit of public ownership
shall be the outside face of the manhole at the point of connection.
The Town of Cromwell, County of Middlesex, State of Connecticut.
A river, stream, brook, waterway, lake, pond, marsh, swamp,
bog or other body of water, natural or artificial, public or private,
which is contained within, flows through or borders upon the Town
of Cromwell or any portion thereof.
[1]
Editor's Note: See C.G.S. § 7-245
et seq.
B.
"Shall" is mandatory; "may" is permissive.
A.
It shall be unlawful to discharge to any watercourse,
pond, ditch or lake within the Town of Cromwell or in any area under
the jurisdiction of said Town any sanitary sewage, industrial wastes
or other polluted waters, except where a suitable treatment has been
provided.
B.
Where public sewers are available to any given area,
the owner of each house, building or other structure used for human
occupancy, including residence, employment and recreation, shall,
at his own expense, install sanitary sewage disposal facilities in
said structure and shall connect those facilities to the public sewer
in accordance with the provisions of this article within a twelve-month
period after the mailing of written notice to said owner, at his last
known address, that said sewer is available for use by said property.
In the case that a private disposal system is malfunctioning and/or
creating a nuisance, the connection to said sewer shall be made within
the time specified in a written notification mailed to the last known
address of said owner by the Sewer Authority, its agents and/or the
Director of Health of the Town of Cromwell or his duly authorized
agent. Any deviation from a standard connection shall only be done
by special permission of the Sewer Authority after an affirmative
recommendation of the Director of Health or his agent.
D.
At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in Subsection B, a direct connection shall be made to the public sewer in compliance with this article, and any septic tanks, cesspools and similar private sewage disposal facilities shall be thereafter promptly abandoned, pumped out and filled with a suitable material so as not to create a hazard to the public health and safety, except that the private disposal system, after being pumped out, may be used for the purposes of cellar drainage and surface drainage if the facility is in suitable condition for such use.
E.
No statement contained in this section shall be construed
to interfere with any additional requirements that may be imposed
by the Health Ordinance of the Town of Cromwell.
A.
No unauthorized person may open the cover of, enter
or alter any manhole meter station or similar appurtenance of any
public sewer, put anything therein or interfere therewith. No person
shall insert or place in any public sewer, manhole, meter station
or other appurtenance thereof any sticks, rubbish or other material
which said sewer, manhole, meter station or appurtenance thereof was
not intended to so receive.
B.
No person shall maliciously or willfully break, destroy,
uncover, deface or tamper with any structure, appurtenance or equipment
which is part of the public sewer system of the Town of Cromwell.
C.
No person shall make any connection to any public sewer of the Town or appurtenance thereof or to any pipe or appurtenance discharging thereinto or remove or disconnect any existing connection thereunto, except as provided in §§ 193-5 and 193-7 and the subsections thereof of this article, provided that the plumbing work and fixtures within the buildings and similar structures may be built and connected as provided by the Town plumbing codes, laws and regulations and by permits issued thereunder.
[Amended TC 6-16-2014]
A.
The Sewer Authority shall from time to time establish
requirements or specifications to regulate the sizes, materials, methods
and workmanship to be used in the construction of sewers, drains,
house connections and other similar work and appurtenances thereto
connected or intended to be connected or discharge directly or indirectly
into any public sewer of the Town of Cromwell. Such standards shall
provide minimum requirements as to size, depth, slope or rate of grade
for such pipes, shall regulate the kinds of pipe, fittings, methods
of laying, jointing materials used, manner of connecting to preexisting
sewers and general considerations as to location and other pertinent
features. Any such requirements or specifications as the same may
be from time to time amended are hereby made part of this article.
B.
The requirements of the Town Building and Plumbing
Codes[1] shall be observed with respect to piping and fixtures
inside or immediately adjacent to buildings and within the areas of
jurisdiction of said codes, subject only to the general requirements
of this article. Pipe outside the inner walls of any building or similar
structure shall conform to the requirements of this article as to
permits, materials and workmanship, provided that such pipe or pipes
are intended to convey approved sanitary sewage to the public sewer
at the time of installation or at some time in the future.
C.
Each independent house or building shall have a direct
connection to the public sewer serving it, separate from any other
house or building set upon another parcel or plot of land. The Sewer
Authority may permit variations of this requirement upon a written
request to that effect from the owners of all land in any way concerned.
D.
All cost and expense 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.
E.
Old house connections may be used in connection with
new building only when they are found, on examination and test by
the Sewer Authority or its authorized representative, to meet all
the requirements of this article.
F.
In all buildings where the building drain is too low
to permit gravity flow to the public sewer, sanitary sewage carried
by such drain shall be lifted by approved artificial means and discharged
to the house connection.
G.
The inspector or representative of the Sewer Authority
shall be notified not less than the time set by regulations in advance
of the time any connection is to be made to any public sewer of said
Town or to any pipe or similar structure connecting to a public sewer,
and such connection shall only be made in the presence of said inspector
or representative and according to his directions. Said inspector
shall be afforded all reasonable opportunity to oversee the construction
of all parts of any drain connected directly or indirectly or intended
to be so connected to any public sewer of the Town and to obtain and
record the location and other pertinent facts with respect to such
sewer. No public sewer shall be opened or in any way disturbed except
in the presence of an authorized representative of the Sewer Authority.
This same requirement shall apply to repairs or alterations to sewers
or pipes discharging thereto.
H.
The Sewer Authority or its authorized representative
shall keep a record of all connections made to public sewers under
this article and all repairs and alterations made to sewer and house
connections connecting to or discharging into public sewers of the
Town or intended to so discharge. Licensed drainlayers and others
shall assist the Sewer Authority to secure data needed for such records.
I.
The Sewer Authority or its representative may assist
in the installation, repair and alteration of connections to public
sewers and of house connections discharging thereunto by furnishing
such information as may be in their possession and proper to be furnished
to the party performing such work by taking levels and staking out
grades for sewers and/or house connections where they deem it expedient
and in similar ways.
[Amended TC 6-16-2014]
J.
The Sewer Authority may, in its discretion, in any
case where the quantity or expense of work by Town forces incidental
to the construction, repair or inspection of any sewer or sewer connection
warrants such a requirement, require that the owner of the property
concerned or the drainlayer shall reimburse the Town for the cost
of services of Town employees in work or inspections incidental to
said sewer or sewer connection. The Sewer Authority may make suitable
provision for such reimbursement a condition precedent to the issuance
of any permit for the construction, repair or alteration of such sewer
or sewer connection subject to such directions as the Sewer Authority
may issue.
K.
Adequate provisions shall be taken to exclude from
public sewers all water or other materials which may constrict, damage
or wrongfully fill any sewer into which they may be discharged directly
or indirectly. To that end, the open ends of sewer or drain connections
shall be kept closed or protected during construction and during periods
when work on any incomplete job is suspended.
L.
When any building or other structure served by a connection
to any public sewer is demolished, destroyed, abandoned or altered
so that any portion of any abandoned plumbing system which is directly
or indirectly connected to any public sewer is no longer used, the
open end of such drain which drains directly or indirectly into a
public sewer shall be promptly closed and sealed off so that no wastes
not otherwise permitted to enter the public sewer shall be so discharged
thereunto. The Sewer Authority shall be notified of such discontinuance
or abandonment and of the closing and sealing of such drain and its
representative afforded an opportunity to see such work performed.
All of said work shall be done by the person or party that demolishes
the building or structure or who alters such system so as to make
such closing and sealing necessary and, in the failure of such person
or party to do so, shall be done by the owner, lessee or tenant of
the premises to the satisfaction of the Sewer Authority, all without
expense to the Town.
[Amended TC 6-16-2014]
A.
No person shall discharge or cause to be discharged
any stormwater, surface water, groundwater, roof runoff, subsurface
drainage, uncontaminated cooling water or uncontaminated industrial
process waters to any sanitary sewer.
B.
No person shall discharge or cause to be discharged
any substance prohibited by the charter, ordinances, rules and regulations
adopted by the Mattabassett District or any other substances which
in the opinion of the Sewer Authority are likely to harm the sewers,
sewage treatment process or equipment or have an adverse effect on
the receiving stream or can otherwise endanger life, limb or public
property or constitute a nuisance.
C.
If any waters and wastes are discharged or are proposed to be discharged to the public sewers, which waters contain substances referenced in Subsection B of this section, the Sewer Authority may:
D.
If the Sewer Authority permits the pretreatment or
equalization of waste flows, the design and installation of the plant
and equipment shall be subject to review and approval by the Sewer
Authority and subject to the requirements of all applicable codes,
ordinances, laws and the municipal discharge permit. Further, such
pretreatment installations must be consistent with the requirements
of any Connecticut Department of Environmental Protection[1] pretreatment permit issued to the industry.
[1]
Editor's Note: Now the Department of Energy and Environmental
Protection.
E.
Grease, oil and sand traps shall be provided when,
in the opinion of the Sewer Authority, 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 traps shall not be required for private living quarters or dwelling
units. All traps shall be of a type and capacity approved by the Sewer
Authority and shall be located so as to be readily accessible for
cleaning and inspection.
F.
Where preliminary pretreatment or flow equalization
facilities are provided for any waters or wastes, they shall be maintained
continuously in satisfactory and effective operation by the owner
at his expense.
G.
When required by the Sewer Authority, the owner of
any property serviced by a house connection carrying industrial waste
shall install a suitable control manhole, together with such meters
and other appurtenances in the house connection to facilitate observation
sampling and measurement of the wastes. Such manhole, when required,
shall be accessibly and safely located and shall be constructed with
plans approved by the Sewer Authority. The manhole 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 industries discharging into
a public sewer shall perform such monitoring of their discharge as
the Sewer Authority and/or other duly authorized employees of the
Town may reasonably require, including installation, use and maintenance
of monitoring equipment, keeping records and reporting results of
such monitoring to the Sewer Authority. Such records shall be made
available upon request by the Sewer Authority to other agencies having
jurisdiction over discharges to the receiving waters.
H.
All measurements, tests and analysis of the characteristics
of waters and wastes to which reference is made in this article shall
be determined in accordance with the latest edition of Standard Methods
for the Examination of Water and Waste Water, published by the American
Public Health Association, and shall be determined at the control
manhole provided or upon suitable samples taken at said control manhole.
In the event that no special manhole has been required, the control
manhole shall be considered to be the nearest downstream manhole in
the public sewer at which the house connection is connected. Sampling
shall be carried out by customarily accepted methods to reflect the
effect of constituents upon the sewage works and to determine hazards
to life, limb and property. The particular analyses involved will
determine whether a twenty-four-hour composite of all outfalls of
the premises is appropriate or whether a grab sample or samples should
be taken.
I.
Any industry held in violation of the provisions of
this article may have its disposal authorization terminated.
J.
No statement contained in this section shall be construed
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, provided that such
agreements do not contravene any requirements of federal laws and
are compatible with any user change and industrial cost recovery system
in effect.
A.
To ensure compliance with the foregoing section of this article and to facilitate the supervision of the construction, operation and repair of sewers and keeping of records thereof, no person other than those described in Subsection B shall construct, repair, alter or remove any sewer or house connection connected to or with or discharging directly or indirectly to or into any public sewer of said Town or intended to discharge this at some future time, regardless of whether said work is located in a public street or in public or private land.
B.
The following may, as indicated, construct, repair,
alter or remove sewers, subject to supervision and approval of the
Sewer Authority or its authorized agent:
(1)
Regular forces of or a contractor employed by the
Town of Cromwell operating under orders of the Town Manager and in
the performance of work for said Town.
[Amended TC 6-16-2014]
(2)
Regular forces of the Mattabassett District, Fire
District — Water Division, and regular forces of the Town or
the State Highway Division, operating under and subject to a permit
for the particular job to be issued by the Sewer Authority or its
authorized agent and while engaged in the regular work and operations
of said District, Water Company, Highway Department of said Town or
Highway Division, Department of Transportation.
(3)
Regular forces of any utility company or corporation
authorized by state law to construct, maintain and operate pipes or
ducts within public highways within said Town, while engaged in work
incidental to the regular structures of said utility company and operating
under and subject to the conditions of a permit for the particular
job issued by the Sewer Authority or its authorized agent.
(4)
Any person, firm or corporation which shall have been
issued a permit under this article by the Sewer Authority for the
Town of Cromwell to perform work of the type in question during the
period provided in said permit and when operating under and subject
to the conditions of a permit for a particular job and issued thereof
by the Sewer Authority or its authorized agent.
(5)
An owner-occupant of a single-family home or a member
of the owner-occupant's immediate family, who may apply for and receive
a permit to make such connection, repair or alteration as permitted
by this article. The permittee may be required by the Sewer Authority
to provide bonding and insurance in an amount established by the Sewer
Authority when, in its opinion, such bonding and insurance are needed
for the protection of public and private property that may be affected
by the issuance of said permit. For the purposes of this article,
the term "immediate family" shall be understood to mean mother, father,
sister, brother, mother-in-law, father-in-law, brother-in-law, sister-in-law
or grandchild. When a permit is issued under the provisions of this
section, the permit must be signed for in the presence of an agent
of the Sewer Authority, and the permittee, upon signing said permit,
assumes the responsibility of actually doing the work covered by said
permit and therefore agrees to such terms and requirements. The permittee
also agrees to reimburse the Town for any expense it incurs in relation
to the issuance of said permit.
C.
The limitations as to who may construct, alter or
repair house connections and sewers as provided by this section shall
not restrict the usual work of plumbers or others while operating
in accordance with the plumbing and building codes of the Town of
Cromwell[1] and when they work within the outside walls of a building
or similar structure, provided that no plumber or other person shall
make any connection to a public sewer of said Town without a permit
therefor, even if said sewer or drain is located under or immediately
adjacent to any building or similar structure, and provided that all
drains and fixtures within said buildings or similar structures and
all use of them shall conform to the requirements of this article
as to what may or may not be permitted to be discharged into public
sewers.
D.
The Sewer Authority for the Town of Cromwell may issue a permit to drainlayers or any person, firm or corporation licensed as such by the State of Connecticut or who has in his employ on the project a drainlayer licensed as such by the State of Connecticut, who shall have applied to it on forms to be provided for that purpose and who shall have furnished the surety bond and insurance required by § 193-8 of this article. Every application for a permit as a drainlayer shall state the name of the drainlayer (in case of partnerships or trade names, both the name under which the firm does business and the names of all individual members of the firm) and the business address of the prospective permittee, together with such other information as the Sewer Authority may properly require. Every permit issued shall expire on December 31 of the year in which it is issued. Fees for the permits shall be established from time to time by the Sewer Authority. Initially, the fee shall be $25.
E.
Each licensed drainlayer shall be responsible for
the faithful performance of all work performed under the permit issued
to him and for the conduct of all work and all materials furnished
on work by his employees or agents. No work shall be sublet by a licensed
drainlayer under any permit issued in any manner to divest said drainlayer
in full control and responsibility for all parts of said work. Only
competent men shall be employed on work performed under such permit,
and only suitable materials to the standards established by the Sewer
Authority shall be furnished or used on such work. Should the authorized
representative of the Sewer Authority find that any licensed drainlayer
has failed to conform to the requirements of this article and to the
conditions of any permit issued hereunder or that said drainlayer
has not been faithful in the performance of work or furnishing materials
under the permit, such representative may suspend such permit until
the next meeting of the Sewer Authority and shall report the matter
to such meeting. Such suspended drainlayer and any complainant in
said matter shall be notified of such meeting and afforded an opportunity
to be heard on the matter at that time. The Sewer Authority may, after
said opportunity to be heard has been provided, revoke said permit
and/or may extend the suspension of such permit for such period and/or
limit the activities of such drainlayer in such manner as may appear
to be in the public interest.
F.
No person, other than those working for and under the direction of the Town of Cromwell, shall make any excavation for or construct, install, lay, repair, alter or remove any sewer or drain connection or appurtenance thereof within the Town of Cromwell, which sewer or drain connection or appurtenance thereof is in any way connected or discharges directly or indirectly to or into any public sewer of said Town or is intended to at some future time to be so connected or so discharge, until said person or party shall have applied for and secured from the Sewer Authority or its authorized representative a property owner's permit for doing such work. Such permits may be issued only to those qualified to perform such work, as provided in Subsection B of this section.
(1)
The Sewer Authority may authorize competent representatives
to act for it in receiving applications for permits.
(2)
Every application for a permit shall be made in writing on forms as provided by the Sewer Authority for that purpose and shall be signed by the licensed drainlayer or other qualified person or party or an authorized agent thereof. The application shall state the location and ownership of the property to be served by the sewer in question, the post office address of said property owner and a brief description of the work to be done and shall contain an agreement that the permittee shall do the work in accordance with the requirements of the Sewer Authority of the Town of Cromwell and local laws, ordinances and regulations and permits as those laws, ordinances and regulations may apply to the particular location or work and will save said Town and others harmless from damages, loss, damage claims, etc., in accordance with the drainlayer's surety bond provided for in § 193-8 hereof, all in such form and detail as may be directed by the Town in the form provided. When the proposed sewer work is within the limits of any state highway or any Town highway, the drainlayer shall present the required permit for excavation from the Connecticut Department of Transportation or from the Director of Public Works of the Town of Cromwell, respectively, before the permit will be issued. No person shall be permitted to receive the permit other than the licensed drainlayer, who shall sign the permit in the presence of an authorized agent of the Sewer Authority. In signing the application and permit, the drainlayer agrees to install all devices or other equipment necessary to prevent any substances prohibited from entering the public sewer to do so. Signing of the permit also indicates the drainlayer's agreement to install and use all devices or other equipment necessary to prevent injury to any person or property as a result of the work for which the permit was issued.
(3)
All completed applications for permits and a record
of the work performed under every permit issued thereupon shall be
kept as permanent records of the Sewer Authority of the Town of Cromwell.
(4)
Each permit to construct, alter or repair any sewer
or house connection under this section shall be issued only after
an application, as herein provided, has been made. It shall state
the location and character of the work to be performed thereunder;
the person granted permission to perform such work; and a time limit
within which the work must be performed and at the expiration of which
the privileges for construction under the permit shall terminate,
unless such time limits shall have been extended in writing by the
Sewer Authority or its authorized representative, and shall indicate
the general character of the wastes which may be discharged into the
sewer in question and any other pertinent information or conditions.
Permits shall not be transferable or assignable by the permittee.
(5)
Permits shall be kept on the premises at all times
where work is in progress and shall be shown to any proper person
asking to see the same. All persons operating under such permits shall
be held responsible for conformity with the requirements thereof and
of this article.
(6)
Any permit may be suspended, canceled or terminated
by the Sewer Authority or its authorized representative on written
notice to the permittee for violation of the conditions thereof or
for violation of the conditions of this article or of the standards
and specifications established by the Sewer Authority for such work
as provided by this article and for other reasons of public interest.
Suspension, cancellation or termination of a permit shall not entitle
the permittee to any compensation or reimbursement from the Town or
its agents for any alleged loss or expense incurred thereby, and permits
shall only be issued on this condition.
(7)
In the case of a proposed sewer connection from an
industrial building, commercial building, commercial complex or residential
subdivision or any building other than a normal residential building,
the Town shall be provided with a suitable plan and the proposed method
of connection to the public sewer. Such plan shall be submitted to
the Town prior to the time when the permit is needed to allow the
Town sufficient time to investigate properly the proposed design of
connection and to make any recommendation it may deem advisable. The
developer shall furnish the Sewer Authority a complete set of construction
drawings prepared by and bearing the signature and seal of a professional
engineer licensed by the State of Connecticut. Said plans shall comply
with the requirements established by the Sewer Authority.
A.
Every drainlayer making application for a permit shall
be protected by and pay premiums on policies of insurance coverage
for public liability and bodily injury, insuring him against liability
to persons not in his employ, in the minimum amount of $300,000 for
each occurrence, or in a greater amount when so required by the Sewer
Authority. Said insurance policies shall be issued by an insurance
company licensed to issue such policies by the State of Connecticut.
All insurance policies shall name the Town of Cromwell, the Cromwell
Water Pollution Control Authority, their employees and agents as assureds.
Special coverage for blasting or other circumstances determined by
the Sewer Authority to cause increased risk to the general public
or property, whether private or public, shall be provided by the drainlayer
in the amount established by the Sewer Authority prior to the commencement
of any work or the issuance of any permit. The drainlayer shall also
carry workman's compensation insurance in the amounts specified by
the General Statutes of the State of Connecticut and shall provide
the Sewer Authority with proof of such coverage when applying for
a permit to work on sanitary sewers within the Town of Cromwell. It
shall be the responsibility of the drainlayer to provide the Sewer
Authority with insurance certificates for the above described insurance
requirements prior to the commencement of any work relating to the
sanitary system of the Town of Cromwell. The drainlayer may use forms
describing the above requirements provided by the Town or forms acceptable
to the Sewer Authority provided by the insuring company.
B.
Every drainlayer making application for a permit shall
provide the Sewer Authority with a performance bond in the amount
specified by the Sewer Authority, which shall not be less than $5,000.
The performance bond may be posted in either of one or a combination
of the following ways:
C.
Upon receipt of any bond by the Authority, it shall
be placed in the custody of the Treasurer of the Town of Cromwell
to be held until released by the Sewer Authority. The Treasurer shall
promptly deposit any cash bond in a local bank and, upon written request
of the depositor of said cash bond, may from time to time release
to said depositor any interest earnings earned by the deposit of said
bond. Upon release of such earnings, the Treasurer shall notify the
Sewer Authority, in writing, of such action.
D.
The bond and insurance, in combination, shall provide
that the Town of Cromwell, the Cromwell Water Pollution Control Authority,
the State of Connecticut and their respective employees and agents
shall be indemnified and saved harmless from all suits of every name
and description brought against any of said bodies or their agents
or employees for or on account of any injuries or damages received
or sustained by any person or property in consequence of or resulting
from any work performed by the drainlayer, his agents or employees
or from any act or omission of the drainlayer, his agents or employees
while operating under the permit applied for or from any negligence
regarding such work; that the drainlayer shall reimburse the Town
for any expense to said Town or its agents or employees arising from
any injury or damage to any sewer or other property of said Town or
by reason of any violation by the drainlayer or his agents or employees
of any requirement of this article; that the drainlayer shall faithfully
execute in all respects all work performed under the permit proposed
to be issued; that the drainlayer shall restore the portion of any
street or public place in which the drainlayer may have made an excavation
incidental to work under said permit to the same condition as it was
in prior to said work and also shall keep said street or public place
in such condition as is acceptable by the public official in charge
of such street or place for a period of two years from the date of
completion of said restoration; that the drainlayer shall reimburse
the Town or the state for the expense of repairs to such street or
public place made necessary by reason of the excavation made by the
drainlayer; and that the drainlayer shall comply in all respects with
the rules and regulations, laws, ordinances, etc., relative to work
in such streets or public places and with the terms of the permits
which may be issued to the drainlayer.
A.
If any person shall construct, install, alter or repair
any sewer, appurtenance or connection to any public sewer of the Town
of Cromwell in violation of the requirements of this article or, having
obtained a permit as provided by this article, shall construct, install,
alter or repair a sewer, appurtenance or connection thereto without
having given the Sewer Authority or its authorized representative
ample notice, time, opportunity and assistance during regular working
hours to inspect such sewer, appurtenance or connection and the work
and materials used thereon, said Sewer Authority or its authorized
representative may, in its or his discretion, order or direct the
person who performed such work on said sewer, appurtenance or connection,
etc., and the owner of any property in which said sewer, etc., may
be located, or which may be served thereby or in whose interest and
employ said work was done, to uncover and fully expose any and all
portions of said sewer, appurtenance or connection and afford said
inspector adequate opportunity to examine and inspect such sewer,
etc., and to secure such records thereof as may be proper. If such
sewer or connection and any appurtenance thereof shall be found not
to be in full accord with the requirements of this article and the
standards established under its provisions, then said Sewer Authority
or its authorized representative may order the person, owner or lessee
to make changes in or additions to or remove portions of appurtenances
of such sewer, etc., as may be necessary to ensure that such sewer,
etc., will conform to the requirements of this article and the standards
established under its provisions. All of such work shall be performed
by said person, owner or lessee without delay and without expense
to the Town of Cromwell.
B.
If the Sewer Authority shall have evidence that a
sewer or any part or appurtenance thereof, which is connected to or
discharges into any public sewer of the Town of Cromwell, has been
constructed, repaired or altered or is or has been used, operated
or maintained or substances are being or have recently been discharged
through the same in violation of the requirements of this article
or of the standards established under its provisions, said Sewer Authority
shall inquire into the matter. Said Sewer Authority may require that
the owner, lessee or tenant of the property where such sewer, etc.,
may be located or of the property served by such sewer, etc., assist
said Sewer Authority and its representatives in such inquiry and permit
them to examine such sewer, etc., and observe the manner in which
the sewer, etc., is used, operated or maintained and the wastes discharged
into the same. If the Sewer Authority shall find on such inquiry that
there exists good reason to believe that the requirements of this
article have not been or are not being complied with, they may require
the owner, lessee or tenant of said property to furnish the Sewer
Authority with adequate proof that said requirements are being conformed
to and will continue to be complied with. If it shall appear that
said requirements have not been and are not being conformed to or
complied with or that good reason exists to believe that they may
not thereafter be conformed to or complied with, said Sewer Authority
may order and require that the owner, lessee or tenant shall immediately
take such measures or provide and install such appurtenances to make
such changes in such sewer, etc., or manner of using or maintaining
the same that will ensure that said requirements will be conformed
to or complied with thereafter. All assistance, proof, changes and
new appurtenances required by this section to be furnished or provided
by the owner, lessee or tenant in question shall be promptly furnished
by said owner, lessee or tenant without expense to the Town of Cromwell.
C.
If any person, after an order or direction from the Sewer Authority of the Town of Cromwell, fails to take the remedial steps or perform the acts required under Subsections A and B of this section or fails thereafter to use, operate and maintain any connection with the public sewers of the Town or appurtenances thereof, as required by this article, the Sewer Authority, by such agents as it may choose, may disconnect the house connection that was wrongfully connected, altered, repaired or used or through which improper wastes were being discharged into the public sewer system of the Town. In disconnecting said house connections, the Sewer Authority may interfere with or cut off sewage from other portions of the property whereon such violation of this article has occurred or of any adjacent property which is served by such house connection.
D.
If the Sewer Authority shall have disconnected a house
connection from the public sewer system, as above provided, said Sewer
Authority may collect the cost of making such disconnection from any
person responsible for or willfully concerned in or who profited by
such violation of this article.
E.
If the Sewer Authority has disconnected any property
from the public sewer system, as above provided, it may thereafter
refuse to permit the restoration of the former connection or of any
new connection concerned in the violation of this article until the
claim of the Authority of the cost of making such disconnection shall
have been paid in full, plus interest and the reasonable overhead
of any legal expense incurred by the Authority in connection therewith.
F.
Any person violating any provision of this article
may be proceeded against and fined not exceeding $1,000 for each offense,
and, for the purposes of this article, each day that a violation of
this article is permitted to continue shall be considered as a separate
offense.
A.
The Sewer Authority and other duly authorized employees
of the Town bearing proper credentials and identification shall be
permitted to enter all properties for the purposes of inspection,
observation, measurement, sampling and testing, in accordance with
the provisions of this article. The Sewer Authority or its representative
shall have no authority to inquire into any processes, including metallurgical,
chemical, oil, refining, ceramic, paper or other industries, beyond
that point that has a direct bearing on the kind and source of discharge
to the sewers or waterways or facilities for wastes treatment.
B.
While performing the necessary work on private properties referred to in Subsection A above, the Sewer Authority or duly authorized employees of the Town shall observe all safety rules applicable to the premises established by the company and all applicable safety rules established by the Occupational Safety and Health Administration. The company shall be held harmless for injury or death to the 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 § 193-6 of this article.
C.
The Sewer Authority and any other duly authorized
employees of the Town bearing proper identification and credentials
shall be permitted to enter all properties through which the Town
has a duly negotiated easement for the purpose of but not limited
to inspection, observation, measurement, sampling, repair and maintenance
of any portion of the sewer works, lying within said easement. All
entry and subsequent work, if any, on said easement shall be done
in full accordance with the terms of the duly negotiated easement
pertaining to the private property involved.
