The definitions set forth in this section shall be applicable to this
Article and shall not supersede, amend or alter other codes or enactments
of the Town of Dover. As used in this Article, the following terms shall have
the meanings indicated:
ACCESS
Entry into or upon any real estate or structure, including any part
thereof.
ACCESSIBLE
Capable of being reached without excavation.
ADMINISTRATION
The Town of Dover's Construction Official, with the assistance
of the town's Engineer, is hereby designated as the person responsible
for administering the provisions of this Article.
DOMESTIC WASTEWATER
Liquid and waterborne waste derived principally from dwellings, business
buildings, institutions and the like, free from industrial wastes, and of
such character as to permit sanitary disposal without special treatment into
the public sewer or by means of a private sewage disposal system.
INFILTRATION
Water, as herein defined, entering the sanitary sewer system, including
private sewer services connections, from the ground, through such means as,
but not limited to, defective pipes, pipe joints, connections or manhole walls.
"Infiltration" does not include, and is distinguished from, inflow.
INFILTRATION/INFLOW
A combination of infiltration and inflow water entering the sanitary
sewer lines, with no way of distinguishing the basic source, and which tends
to cause an overloading of the capacities of the sanitary sewer system.
INFLOW
Water discharged into the sanitary sewer system, including service
connections, from such means as, but not limited to, roof downspouts or leaders;
cellar, yard and area drains; sump pumps: foundation drains; cleanouts; cooling
water discharges; drains from springs and swampy areas; manhole covers; cross
connections from storm sewers; combined sewers; catch basins; stormwaters;
surface runoff; street wash waters; or drainage. "Inflow" does not include,
and is distinguished from, infiltration.
LESSEE
A person, firm or corporation having the responsibility, pursuant
to a written agreement with the owner, to maintain, repair or replace sanitary
sewer lines and/or discharges which cause infiltration or inflow as herein
defined.
PERSON
Any individual, firm, partnership, corporation, estate, governmental
agency or any other legal entity and/or their legal representatives, agents,
heirs, successors or assigns.
SANITARY SEWER SYSTEM
All lines, pipes, tanks, conduits, structures or other devices designed
for the collection, transportation, storage, treatment or disposal of sewage,
whether owned by the town or other persons, and to which storm-, surface and
ground water are not intentionally admitted.
SCHEDULE OF COMPLIANCE
A schedule of remedial measures and times, including an enforceable
sequence of actions or operations, leading to compliance with this Article.
SEWAGE
A combination of domestic or industrial wastewater which may include
chemical, house wastes, laundry wastes, human excreta, animal or vegetable
matter in suspension or solution and other solids in suspension or solution,
and which is discharged from a dwelling, building or other structure and permitted
to enter the sanitary sewer system for the purpose of treatment and disposal.
WASTEWATER TREATMENT FACILITY
The system or facility for treating, neutralizing, stabilizing or
disposing of sewage. The term "wastewater treatment facility" also includes
appurtenances such as interceptors, collection lines, outfall and outlet sewers,
pumping stations and related equipment.
No person shall henceforth make or allow the continued connection of
roof downspouts or leaders, interior or exterior foundation drains, cleanouts,
sump pumps, cellar, yard and area drains, cooling water discharges, drains
from springs or swampy areas or other sources of surface, storm- or ground
water to a structure sewer or structure drain which is connected, either directly
or indirectly, to the sanitary sewer system, even though such connection may
have been allowable when made under then existing ordinances, rules, regulations
or standards.
Sanitary sewer service disconnected under the provisions of §
311-24 of this Article shall not be reconnected until the sources of infiltration or inflow have been disconnected. The cost of reconnection shall be the burden and responsibility of the owner or lessee.
In addition to or in lieu of termination of service and/or prosecution
in Municipal Court, the Construction Code Official may maintain a civil action
by injunction, in the name of the Town of Dover, to abate and temporarily
or permanently enjoin the continuation of the private infiltration and/or
inflow as a nuisance, in any court of competent jurisdiction.
Notwithstanding any other provision of this Article, a person violating
any of the provisions of this Article or obstructing its enforcement shall
be deemed guilty of a misdemeanor and, upon conviction thereof in Municipal
Court, shall be subject to one or more of the following: a fine of not less
than $100 nor more than $1,000, a term of imprisonment not exceeding 90 days
or a period of community service not exceeding 90 days. Each and every day
the violation continues after the time period set forth in the notice or order
shall be deemed a separate and distinct violation.
This Article shall not be construed or interpreted as imposing upon
the Town of Dover or its officials or employees any liability or responsibility
for damages to any property or any representation or warranty that any system,
installation or portion thereof that is constructed or repaired under orders
and inspections required by this Article will function properly. In addition,
neither of its officials nor employees charged with the enforcement of this
Article, if acting in good faith and without malice in the discharge of their
duties, shall be personally liable for any damage that may occur to persons
or property as a result of performing or not performing any act required by
this Article.
Nothing in this Article shall be construed to conflict with state or
federal laws requiring persons causing or responsible for any release or threatened
release of a hazardous material to engage in remediation activities or pay
the costs thereof, or both.