[Ord. of 1-13-1972, art.
II, §§ 1 — 18; Ord. of 7-8-1976(2), art. XI, §§ A — D; Ord. No. 99-1, § 4, 1-6-1999]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20° C., expressed in milligrams per liter.
That part of the lowest horizontal piping of a drainage system
which receives the discharge from soil, waste and other drainage pipes
inside the walls of the building and conveys it to the building sewer,
beginning five feet outside the building wall.
The extension from the building drain to the public sewer
or other place of disposal.
A sewer receiving both surface runoff and sewage.
For purposes of sewer assessments shall be defined as a lot
at the junction of and fronting on two or more intersecting streets.
Solid wastes from the domestic and commercial preparation,
cooking, and dispensing of food, and from the handling, storage, and
sale of produce.
The liquid wastes from industrial manufacturing processes,
trade or business, as distinct from sanitary sewage.
Any outlet into a watercourse, pond, ditch, lake, or other
body of surface water or groundwater.
The logarithm of the reciprocal of the weight of hydrogen
ions in grams per liter of solution.
The wastes from the preparation, cooking and dispensing of
food that have been shredded to such a degree that all particles will
be carried freely under the flow conditions normally prevailing in
public sewers, with no particle greater than one-half inch (1.27 centimeters)
in any dimension.
A sewer in which all owners of abutting properties have equal
rights, and which is controlled by public authority.
A sewer which carries sewage and to which stormwaters, surface
waters and groundwaters are not intentionally admitted.
A combination of the water-carried wastes from residences,
business buildings, institutions and industrial establishments, together
with such groundwaters, surface waters and stormwaters as may be present.
Any arrangement of devices and structures used for treating
sewage.
All facilities for collecting, pumping, treating and disposing
of sewage.
A pipe or conduit for carrying sewage.
Any discharge of water, sewage or industrial waste which
in concentration of any given constituent or in quantity of flow exceeds,
for any period of duration longer than 15 minutes, more than five
times the average twenty-four-hour concentration or flows during normal
operation.
A sewer which carries stormwaters and surface waters and
drainage, but excludes sewage and industrial wastes, other than unpolluted
cooling water.
The Town Engineer or his authorized deputy, agent, inspector
or representative. In the absence of the Town Engineer, the Town administrator
shall designate the authorized representative.
Solids that either float on the surface of or are in suspension
in water, sewage or other liquids and which are removable by laboratory
filtering.
A channel in which a flow of water occurs, either continuously
or intermittently.
[Ord. of 1-13-1972, art.
V, § 1; Ord. No. 03-22, § 2, 6-4-2003]
(a)
The enforcing officer of this article shall be the Town Engineer
or assistant engineer or his/her designated representative.
(b)
The enforcing officer may make such rules and regulations as may
be consistent with the proper enforcement of any ordinance enacted
under the provisions of the appropriate sections of state law.
[Ord. of 7-8-1976(2),
art. XVII, §§ A — C]
(a)
The engineer 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 engineer or his representatives shall have no authority to inquire
into any processes including metallurgical, chemical, oil, refining,
ceramic, paper or other industries beyond that point having a direct
bearing on the kind and source of discharge to the sewers or waterways
or facilities for waste treatment.
(b)
While performing the necessary work on private properties, the engineer
or duly authorized employee of the Town shall observe all safety rules
applicable to the premises established by the company and the company
shall be held harmless for injury or death to the Town employees and
the Town shall indemnify the company against loss or damage to its
property by 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.
(c)
The engineer and other duly authorized employees of the Town bearing
proper credentials and identification shall be permitted to enter
all private properties through which the Town holds a duly negotiated
easement for the purposes of, but not limited to, inspection, observation,
measurement, sampling, repair, and maintenance of any portion of the
sewage works lying within said easement. All entry and subsequent
work, if any, on the easement, shall be done in full accordance with
the terms of the duly negotiated easement pertaining to the private
property involved.
[Ord. of 1-13-1972, art.
V, § 1; Ord. No. 03-22, § 2, 6-4-2003]
It shall be the duty of the Town Engineer or assistant engineer
of the Town of Cumberland, or his/her duly authorized representative,
to enforce this article, and any person, firm, or corporation violating
any of the terms, provisions or conditions of this article shall be
punished by a fine not exceeding $20 for the first offense, and $10
per day until such time as the violation has been corrected and approved
in writing by the Town Engineer or assist and engineer or his/her
authorized representative.
[Ord. of 7-8-1976(2),
art. XVIII, § A]
(a)
Any person found to be violating any provision of this article except § 40-77 shall be served by the Town with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
(b)
Any person violating any of the provisions of this article shall
become liable to the Town for any expense, loss, or damage occasioned
the Town by reason of such violation.
[Ord. of 1-13-1972, art.
VI, § 1; Ord. No. 03-22, § 3, 6-4-2003]
(a)
Any appeal because of disagreements in the enforcement of this article
shall be presented in wring to the board of sewer assessment review,
Town Hall, 45 Broad Street, Cumberland, RI, by the aggrieved party,
firm, corporation, or company with a copy forwarded to the Town Engineer
or assistant engineer or his/her authorized representative within
15 days after receipt of written notice of action taken by the Town
Engineer. After the receipt of such appeal, a pubic hearing will be
held by the board of sewer assessment review in the presence of the
Town Engineer or assistant engineer or his/her authorized representative
together with the aggrieved party.
(b)
Said board shall have all the power and be subject to all the duties
provided by the General Laws of Rhode Island 1956 and all laws in
amendment thereof or in addition thereto and Town ordinances, and
all proceedings of said board shall be held and appeals to said board
shall be taken in accordance with the provisions of the General Laws
of Rhode Island 1956 and as amended thereto.
(c)
Appeals from any decision of said board shall be in accordance with
the provisions of the General Laws of Rhode Island 1956 and as amended
thereto and Town ordinances.
(d)
The board of sewer assessment review shall consist of the Town public
works director, the Town building/zoning official and the tax assessor.
[Ord. of 7-8-1976(2),
art. XVI, § A]
No unauthorized person shall maliciously, willfully or negligently
break, damage, destroy, uncover, deface or tamper with any structure,
appurtenance, or equipment which is a part of the sewage works. Any
person violating this provision shall be subject to immediate arrest
under charge of disorderly conduct.
[Ord. of 7-8-1976(2),
art. XII, § A]
It shall be unlawful for any person to place, deposit, or permit
to be deposited in any unsanitary manner on public or private property
within the Town, or in any area under the jurisdiction of the Town,
any human or animal excrement, garbage or other objectionable waste.
[Ord. of 1-13-1972, art.
VII, § 1]
(a)
Rules and regulations set down in this article may be amended by
a vote of the Town Council meeting at a regular or special meeting
of the Council.
(b)
Amendments shall be advertised four times by the Town Clerk in two
newspapers servicing the Town.
(c)
The notice shall give the date, time and location of the meeting
and the nature of the proposed change, in order that interested persons
may be heard.
