[Amended 6-6-2012]
This chapter shall be titled "Town of Islesboro Pollution Control Ordinance" and shall supersede a similar ordinance which became effective August 9, 1979.
[HISTORY: Adopted by the Town of Islesboro 4-29-2000; amended 4-27-2002; 7-16-2003; 2-26-2011. Subsequent amendments noted where applicable.]
The purpose of this chapter is to provide for compliance with the Federal Water Pollution Control Act and to protect the health and welfare of the inhabitants of the Town of Islesboro.
This chapter shall apply to discharges into any sewer, sewage treatment plant or sewage system (hereafter called "system") owned or operated by the Town of Islesboro.
There shall be a Pollution Control Committee formed hereafter called "Committee."
A.
The Committee shall consist of five members, voters in the Town of Islesboro, appointed by the Board of Selectmen.
B.
Terms of the Committee members shall be for one year running from the first day of the fiscal year of the Town of Islesboro.
C.
Not less than three nor more than four members of the Committee shall be users of the system at the time of their appointment.
D.
The Town Manager shall be an ex officio member of the Committee.
E.
Duties of the Committee:
(1)
The Committee shall be responsible for the general oversight of the system, recommending purchases, repairs, replacements of equipment, and changes in operating procedures to the Town Manager and the Board of Selectmen.
(2)
The Committee shall provide the Town Manager with annual estimates of expenses for the ensuing year at least 60 days prior to the end of the fiscal year.
(3)
The Committee may recommend the hiring of operating personnel to the Town Manager.
No discharge into any part of the system shall be permitted of any pollutant which:
A.
Is a toxic pollutant as defined in standards issued from time to time under Section 307 (a) of the Act;
B.
Creates a fire or explosion hazard in the system;
C.
Causes corrosive structural damage to the system, including all wastes with a pH lower than 5.0;
D.
Contains solid or viscous substances in amounts which would cause obstruction to the flow in sewers or other interference with proper operation of the system; or
E.
In the case of a major contributing industry as defined in the Act, contains an incompatible pollutant, as further defined in the Act, in an amount or concentration in excess of that allowed under the standards or guidelines issued from time to time pursuant to Sections 304, 306 and/or 307 of the Act.
Forty-five days prior notification shall be given the Board of Selectmen by any person or persons of a:
A.
Proposed substantial change in volume or character of pollutants over that being discharged into the system at the time of issuance by the United States Environmental Protection Agency of Authorization to Discharge under the National Pollutant Discharge Elimination System;
B.
Proposed new discharge into the system from any source which would be a new source as defined in Section 306 of the Act if such source were discharging pollutants; or
C.
Proposed new discharges into the system of pollutants from any source which would be subject to Section 301 of the Act if it were discharging such pollutants.
Any industry discharging into the system shall perform such monitoring of its discharge as the Board of Selectmen may reasonably require, including the installation, use, and maintenance of monitoring equipment methods to keep records of the results of such monitoring and to report the results of such monitoring to the Board of Selectmen. Such records will be made available by the Board of Selectmen to the Regional Administrators on request.
Any industry discharging into the system shall authorize the Board of Selectmen's authorized representative to enter into, upon, or through its premises; to have access to and copy any records; to inspect any monitoring equipment or method required under § 167-8 above, and to sample any discharge into the system.
[Amended 6-6-2012]
The Board of Selectmen shall notify the Regional Administrator of any discharge specified in § 167-7 above within 30 days of the date on which the Board of Selectmen is aware of such discharge.
A.
At least 30 days prior to the end of the fiscal year, the Town Manager shall consult with the Committee and shall submit an operating budget for the ensuing year to the Board of Selectmen. The budget shall include, but not be limited to, ordinary expenses and expenses for the replacement of equipment necessary to maintain operations of the works. Major capital improvements, including reconstruction and sewer extensions, shall be apportioned as required by the Town Meeting vote authorizing such expenditures.
B.
All property owners who have any kind of facility connected to the system shall be liable for an annual user or usage charge.
C.
Property owners are required to install a metering device of a type approved by the Town Manager that will measure the amount of flow from their own private water source.
D.
The budget will be prorated to individual users on the basis of a minimum connection fee and water usage. Usage will be measured by water meters. The usage rate shall be based upon the metered amount of flow from the owner's private water source. Once the operating budget is approved by the Board of Selectmen. the Committee shall, after public notice and hearing. determine the annual minimum system connection fee and the annual per cubic foot usage fee using the methodology set forth on Attachment A, which is incorporated herein by reference.
[Amended 6-18-2016]
E.
All properties, with buildings that are connected to the system, whether occupied or unoccupied, shall pay at least the minimum rate.
F.
All charges pursuant to this section shall be billed annually or as the Committee determines.
G.
User and/or usage charges are due within 60 days of bills being issued.
H.
Delinquent accounts shall be handled as provided by Maine State Revised Statutes Annotated and as outlined below:
(1)
Interest. As authorized by 30-A M.R.S.A. § 3406, the Committee may charge interest on delinquent accounts at a rate not to exceed the highest lawful rate set by the Treasurer of the State for municipal property taxes.
[Amended 6-18-2016]
(2)
Liens. There shall be a lien on real estate served or benefitted by the system to secure the payment of usage rates and charges and interest on delinquent accounts established under this chapter. This lien takes precedence over all other claims on the real estate, excepting only claims for property taxes.
[Amended 6-18-2016]
(3)
Collection. The Town Treasurer is responsible to collect the fees and interest on delinquent accounts in the same manner as granted by 38 M.R.S.A. §§ 1202 and 1208.
I.
The Committee may review any meter flow reading on its own initiative, or upon request from the user, or upon request from any other user of the system. After notice and after hearing, if requested by the affected user, the Committee may change the usage charge if warranted.
[Amended 6-18-2016]
A.
Any building that is intended for human habitation or occupancy, with facilities for discharge or disposal of wastewater, or with facilities for discharge or disposal of commercial or industrial waste, and that is located within 200 feet of a sewer or drain of the system shall be required to connect to the system per 38 M.R.S.A. § 1160, Connection of Private Sewers. as may be amended from time to time.
B.
No person shall uncover, make any connections with, or opening into, use, alter, or disturb any public sewer or appurtenance thereto without first obtaining a written permit from the licensed plumbing inspector and paying a fee, payable to the Treasurer of the Town of Islesboro. Violation of this section shall make the offender liable to a fine not to exceed $100 per day.
C.
All costs and expenses incidental to the installation, repair, maintenance, or reconstruction of a building sewer or of a service connection shall be borne by the owners. The owner shall indemnify the Town for any loss or damage that may directly or indirectly be caused by installation of the building sewer and/or service connector. A one-time fee for accessing the system for the first time, i.e., a first-time system connection fee, in the same amount as the minimum system connection fee established by the Committee shall be assessed, and the fee paid, prior to the time that connection to the system is made.
D.
A separate and independent building sewer shall be provided for every building, and where practicable a separate service connector shall be used for each building. Groupings of more than one building on one building sewer or on one service connector shall not be permitted except under special circumstances and for good sanitary reasons or other good cause shown, but only after permission of the Committee in writing shall be secured and subject to such rules, regulations, and conditions as may be prescribed by the Committee.
E.
All materials, connections, repairs, replacements, and installations used or performed on the system shall conform to the State of Maine Plumbing Code (which is herein incorporated by reference) current and in force at the time of the work. All work shall be done by a duly licensed plumber.
F.
No roof drain, cellar drain or discharge from any roof gutter shall be permitted to enter the system.
G.
Backflow devices and connections.
(1)
Users are required to install appropriate backflow control device(s) in their individual systems. Should damage or problems arise due to the fact that the user has not installed such a device, then neither the Town nor the Pollution Control Committee is responsible for any or all damages that may occur to the user's property.
(2)
Connection from the user's main sewage pipe to the system must be made with a "Y" fitting installed by a Maine licensed plumber.
[Amended 6-6-2012]
Appeals from any decision of the Committee or relating to § 167-12 may be made to the Town of Islesboro Board of Appeals or to Superior Court under Rule 80B, Maine Rules of Civil Procedure.
The following definitions shall apply to this chapter:
A valve installed in the building's main sewer pipe that drains to the sewage system and prevents sewage from flowing back into the building's wastewater system. [Amended 6-18-2016]
[Amended 6-18-2016]
That outlet for sewage which connects the plumbing facilities inside the building with the service connection and is privately owned and maintained.
Owner of record or tenant in possession as of April 1 of any year.
The current State of Maine State Plumbing Code.
That pipe or fitting that connects the building drain to the sewer line.
Any portion of the Town of Islesboro sanitary sewer system by whatever formal name it shall be called. Also identified as a "Sanitary District" per 38 M.R.S.A. Chapter 11.
[Amended 6-18-2016]
The pipe or conduit carrying sewage to the treatment plant.
The owner of any building which in any way is connected to the system.
This chapter may be amended from time to time in the manner set forth by law for the passing of ordinances.