No person, other than those working for and under the direction of the Town, shall make any excavation for or construct, install, lay, repair, alter or remove any sewer, building drain, building sewer, sewer connection, or appurtenance thereof or connect to such sewer within the Town, which is in any way connected to or discharges directly or indirectly to or into any public sewer of the Town, or is intended at some future time to be so connected or so discharged, until said person or party shall have applied for and secured from the Superintendent of Sewers a permit for doing such work. Such permits may be issued only to those qualified to perform such work as provided in § 257-27.
Every application for a permit required by this article shall be made in writing on forms to be provided by the Town for that purpose and shall be signed by the drain layer 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 the property owner, and a brief description of the work to be done and shall contain an agreement that the permittee will do the work in accordance with the requirements of Town and local laws, ordinances, regulations and permits as those laws, etc., may apply to the particular locations or work and will save the Town and others harmless from damages, loss, damage claims, etc., in accordance with the terms of the drain layer's surety bond provided for in § 257-48. The Superintendent of Sewers shall require as a prerequisite to the issuance of any permit that he/she be furnished evidence that any and all necessary permits, etc., to open public streets, public or private grounds or property have been or will be issued; that the agent of the application is properly authorized to sign the application in question; that the devices used or provisions made to prevent the entry into public sewers of any substances forbidden entry by this chapter will be provided, maintained and operated as required by Articles II and III of this chapter; and any other information or proof pertinent to the particular job in question.
Any person who applies for a permit to connect into a sewer
or sewer line shall pay the prescribed fee for each such permit. Permits
shall not be transferable or assignable by the permittee. Permits
shall be kept on the premises where and at all times when 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 to the requirements thereof and of this chapter.
Any permit required by this article, in whole or in part, may
be suspended, cancelled or terminated by the Water Pollution Control
Authority or the Superintendent of Sewers on written notice to the
permittee for violation of the conditions thereof or for the violation
of the requirements of this chapter.
Each drain layer licensed in accordance with § 257-27 shall be responsible for the proper performance of all work performed under the permits issued to him/her 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 drain layer under any permit issued in any manner to divest the drain layer of full control and responsibility for all parts of the work.
Each drain layer shall save the Town, its agents and servants
harmless from all loss or claims of loss, damage or injury arising
from the operations of the drain layer under any permits issued him/her
by reason of his negligence in performing the work in which he/she
has been issued a permit. He/she shall furnish the Town a public liability
policy in the amount of $50,000 in which the Town is a named insured,
protecting it against such loss or claims of loss.
Every person making application for permit required by this
article shall file with the Town a satisfactory bond of a surety company
authorized to transact such business in the state, and having an agent
within the limits of the county, in a form satisfactory to the Water
Pollution Control Authority or the Superintendent of Sewers. The bond
shall be in an amount not less than $1,500 to be determined by the
Superintendent, conditioned upon the applicant substantially and properly
performing all work to be done under the permits issued to him/her
in a workmanlike manner and upon his using proper materials; upon
the applicant's restoring that portion of any street or public place
which he/she has excavated in accordance with the rules contained
in the permit issued him/her and maintaining the same for a period
of one year; and upon the applicant's reimbursing the Town for any
expense for repairs to such street or public place made necessary
by reason of the excavation.
A.
If any person shall construct, install, alter or repair any sewer,
building drain, building sewer or connection to any public sewer of
the Town in violation of the requirements of this chapter or, having
obtained a permit as provided in this article, shall construct, install,
alter or repair any sewer, building drain, building sewer or connection
thereto without having given the Superintendent of Sewers or his authorized
representative adequate notice, time, opportunity and assistance,
during regular working hours, to inspect such sewer, connection and
the work and materials used thereon, the Superintendent of Sewers
shall order or direct the person who constructed, installed, altered
or repaired such sewer, etc., or the owner of any property in which
such sewer, etc., may be located or which may be served thereby, or
in whose interest and employ the work was done, to uncover and fully
expose any or all portions of such sewer, etc., and afford the Superintendent
of Sewers and his authorized representatives adequate opportunity
to examine and inspect such sewer, etc., and to secure such records
thereof as may be proper. If such sewer, etc., and the appurtenances
thereof shall be found not to be in full accord with the requirements
of this chapter and the standards established under its provisions,
then the Superintendent of Sewers shall order and direct such person,
owner or lessee to make such 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 chapter and of the standards established under its provisions.
All of such work shall be performed by the person, owner or lessee
without delay and without expense to the Town.
B.
If any person after proper order or direction from the Superintendent
of Sewers fails to take the remedial steps or perform the acts required
by this chapter, or fails thereafter to use, operate and maintain
any connection with the public sewers of the Town, or appurtenances
thereof, as required by this chapter, the Water Pollution Control
Authority or the Superintendent of Sewers, by such agents or facilities
as it or he/she may choose, may disconnect the sewer, etc., which
was wrongfully connected, altered, repaired or used, or through which
improper wastes were discharged into the public sewer system of the
Town.
