[Ord. of 2-7-2011[1]]
The following abbreviations shall have the designated meanings:
BMR
Baseline monitoring report.
BOD
Biochemical oxygen demand.
C.F.R.
The Code of Federal Regulations.
CIU
Categorical industrial user.
COD
Chemical oxygen demand.
EPA
The Environmental Protection Agency.
gpd
Gallons per day.
IU
Industrial user.
l
Liter.
mg
Milligrams.
mg/l
Milligrams per liter.
NPDES
The National Pollutant Discharge Elimination System.
POTW
Publicly owned treatment works.
RCRA
Resource Conservation and Recovery Act.
SIC
The Standard Industrial Classification.
SIU
Significant industrial user.
SNC
Significant non-compliance.
SWDA
The Solid Waste Disposal Act, 42 U.S.C. 6901, et seq.
TRC
Technical Review Criteria.
TSS
Total suspended solids.
U.S.C.
The United States Code.
VPDES
Virginia Pollutant Discharge Elimination System.
[1]
Editor's Note: This ordinance superseded former Art. II, which pertained to similar subject matter and derived from an ordinance adopted 2-5-1996.
[Ord. of 2-7-2011]
(a) 
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:
ACT or THE ACT
The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et seq.
APPROVAL AUTHORITY
The Department of Environmental Quality of the Commonwealth of Virginia.
AUTHORIZED REPRESENTATIVE OF THE USER
(1) 
If the user is a corporation:
a. 
The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation;
b. 
The manager of one or more manufacturing, production, or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000 (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
(2) 
If the user is a partnership or sole proprietorship, a general partner or proprietor, respectively.
(3) 
If the user is a federal, state or local governmental facility, a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or his designee.
The individuals described in subsections (1) through (3) above may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company and the written authorization is submitted to the Town.
BEST MANAGEMENT PRACTICES or BMPs
Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Section 74-91 and Section 74-92 [40 CFR 403.5(a)(1) and (b)]. BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
BIOCHEMICAL OXYGEN DEMAND
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20° C. expressed in terms of weight and concentration (milligrams per liter (mg/l)).
BUILDING DRAIN
That part of the lowest 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.
BUILDING SEWER
A sewer conveying wastewater from the premises of a user to the POTW.
CATEGORICAL STANDARDS
The National Categorical Pretreatment Standards or pretreatment standard.
COLLECTION SYSTEM SUPERINTENDENT
The person responsible for overseeing the maintenance and operation of the Town's collection system.
COLOR
The optical density at the visual wavelength of maximum absorption, relative to distilled water. 100% transmittance is equivalent to zero optical density.
COMBINED SEWER
A sewer which conveys both sewage and stormwater or other drainage.
COMPATIBLE POLLUTANT
Biochemical oxygen demand (BOD5), suspended solids, pH and fecal coliform bacteria; plus any additional pollutants identified in the Town's treatment facility VPDES permit, or Town's collection system, where the treatment facility is designed to treat such pollutants and, in fact, does treat such pollutants to the degree required by the treatment facility's VPDES permit.
COMPOSITE SAMPLE
The sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time.
CONTACT COOLING WATER
Water used for cooling which comes in direct contact with any raw material, intermediate product, waste product, or finished product.
CONTROL AUTHORITY
The Town.
COOLING WATER
The water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.
DEQ
The Department of Environmental Quality of the Commonwealth of Virginia.
DIRECT DISCHARGE
The discharge of treated or untreated wastewater directly to the waters of the State of Virginia.
DIRECTOR OF PUBLIC WORKS or DIRECTOR
The director of public works of the Town or the official performing the duties of director of public works or his authorized representative.
DIRECTOR OF WASTEWATER OPERATIONS or DIRECTOR
The director of wastewater operations of the Town or the official performing the duties of director of wastewater operation or a duly authorized representative.
ENVIRONMENTAL COMPLIANCE SUPERVISOR
The person designated by the Town to oversee the implementation of the industrial pretreatment program and who is charged with certain duties and responsibilities including, but not limited to, issuing permits, conducting inspections, determining compliance, and enforcing this article. The term also means a duly authorized representative of the facility manager.
ENVIRONMENTAL PROTECTION AGENCY
The U.S. Environmental Protection Agency, or, where appropriate, the term may also be used as a designation for the administrator or other duly authorized official of such agency.
EXISTING SOURCE
Any source of discharge, the construction or operation of which commenced prior to the publication by the EPA of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act.
FACILITY MANAGER
The person designated by the Town to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this chapter, or a duly authorized representative.
GARBAGE
Solid wastes from the domestic and commercial preparation, cooking and dispensing of food and from the handling, storage and sale of produce.
GRAB SAMPLE
A sample which is taken from a waste stream on a one-time basis without regard to the flow in the waste stream over a period of time not to exceed 15 minutes.
GREASE
A material composed primarily of fats, oils and grease (FOG) from animal or vegetable sources.
GREASE TRAP or INTERCEPTOR
A passive grease control device identified as a large tank, usually 1,000 gallons or more capacity with various chambers and plumbing components that is installed on the exterior of the FSE. The term can also mean a smaller device usually 35 gallons per minute (gpm) that is used for installation inside an FSE. Both tanks require periodic maintenance for effective operation.
HOLDING TANK WASTE
Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, grease traps or interceptors, and vacuum-pump tank trucks.
INCOMPATIBLE POLLUTANT
All pollutants other than compatible pollutants as defined in this section.
INDIRECT DISCHARGE
The discharge or the introduction of nondomestic pollutants from any source regulated under Section 307(b) or (c) of the Act (33 U.S.C. 1317), into the POTW (including holding tank waste discharged into the stream).
INDUSTRIAL USER
A source of indirect discharge, or a nondomestic discharge to a POTW.
INDUSTRIAL WASTE
The liquid waste from industrial or commercial processes, trade or business as distinct from sanitary sewage.
INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT
The maximum concentration (or loading) of a pollutant allowed to be discharged at any time, determined from the analysis of any discreet or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.
INTERFERENCE
A discharge which, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and therefore, is a cause of a violation of the POTW's VPDES Permit or of the prevention of the biosolids use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent state or local regulations: Section 405 of the Act; the Solid Waste Disposal Act, including title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any state regulations contained in any state sludge management plan prepared pursuant to subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research and Sanctuaries Act.
MEDICAL WASTE
Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.
NATIONAL CATEGORICAL PRETREATMENT STANDARD OR PRETREATMENT STANDARD
Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. 1347) which applies to a specific category of industrial users and which appears in 40 C.F.R. Chapter I, Subchapter N, parts 405 through 471.
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater.
NEW SOURCE
(1) 
Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:
a. 
The building, structure, facility or installation is constructed at a site at which no other source is located;
b. 
The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
c. 
The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source shall be considered.
(2) 
Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of subsections (1)b, or (1)c of this definition but otherwise alters, replaces, or adds to existing process of production equipment.
(3) 
Construction of a new source as defined under this definition has commenced if the owner or operator has:
a. 
Begun, or caused to begin as part of a continuous on-site construction program:
1. 
Any placement, assembly, or installation of facilities or equipment; or
2. 
Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment.
b. 
Entered into a binding contractual obligation for the purchase of facilities or equipment which is intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this subsection.
NONCONTACT COOLING WATER
Water used for cooling which does not come in direct contact with any raw material, intermediate product, waste product, or finished product.
NORMAL DOMESTIC SEWAGE
Normal sewage in which the concentration of suspended materials and five-day 20° C. BOD does not exceed 250 parts per million and 250 parts per million, respectively.
PASS THROUGH
A discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the Town's VPDES permit, including an increase in the magnitude or duration of a violation.
PERSON
Any individual, partnership, copartnership, firm, company, corporation, association, Joint Stock Company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. This definition includes all federal, state, and local governmental entities.
pH
The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.
POLLUTANT
Any dredged soil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical waste, chemical waste, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste, and certain characteristics of wastewater such as pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, odor, etc.
POLLUTION
The manmade and man-induced alteration of the chemical, physical, biological, and radiological integrity of water.
POTW TREATMENT PLANT
That portion of the POTW designed to provide treatment to wastewater.
PRETREATMENT
The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.
PRETREATMENT EQUIPMENT
Refers to grease, oil, and sand interceptors or traps for food service establishments, oil and water separators for automotive facilities, silver recovery systems for photo-processing and dental facilities and other equipment required for installation as determined by the environmental compliance supervisor or authorized representative.
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirement related to pretreatment, other than a National Pretreatment Standard imposed on an industrial user.
PRETREATMENT STANDARDS or STANDARDS
Prohibitive discharge standards, categorical pretreatment standards, and local limits.
PROHIBITIVE DISCHARGE STANDARD OR STANDARDS
Absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section 74-92 of this chapter.
PROPERLY SHREDDED GARBAGE
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.
PUBLIC SEWER or SEWER MAIN
A common sewer directly controlled by public authority.
PUBLICLY OWNED TREATMENT WORKS (POTW)
A treatment works as defined by Section 212 of the Act (33 U.S.C. 1292) which is owned by the Town. This definition includes any sewers that convey wastewater to the POTW treatment plant, but does not include pipe, sewers or other conveyances not connected to a facility providing treatment. For the purposes of this chapter, "POTW" shall also include any sewers that convey wastewater to the POTW from persons outside the Town who are, by contract or agreement with the Town, users of the Town's POTW.
RESIDENTIAL USER (CLASS I)
All premises used only for human residency and which are connected to the treatment works.
SAMPLING MANHOLE
A special manhole that will allow sampling of a waste stream without interference or mixing of other waste streams.
SANITARY SEWER
A sewer which carries sewage and excludes stormwater, surface water and groundwater.
SEPTIC TANK WASTE
Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.
SERVICE AREA
The Abingdon Service Area as delineated on the Abingdon and Environs Wastewater Service Areas Map generally encompasses the current corporate limits of the Town of Abingdon, the service area of the Wolf Creek Water Reclamation Facility, the "201 Service Area" as more particularly described on a plat bearing that title on file in the office of the Town Clerk, the Exit 22 service area, and the area referred to as the Wilson Subdivision.
SEWAGE
Human excrement and gray water (household showers, dishwashing operations, etc.).
SEWAGE TREATMENT PLANT
Any arrangement of devices and structures used for treating sewage.
SEWAGE WORKS
All facilities for collecting, pumping, treating and disposing of sewage.
SEWER
A pipe or conduit for carrying sewage.
SEWER LATERAL
That section of the sanitary sewer extending from the public sewer or sewer main to the line of the street easement in which such sewer is located. If there is no specified easement width, the lateral shall be that section extending 10 feet along the lateral from the public sewer.
SEWERAGE COLLECTION SYSTEM
A network of wastewater collection and conveyance facilities, including, but not limited to, intercepting sewers, outfall sewers, sewage collection systems and pumping stations.
SIC CODE
The standard industrial classification code, a numbering system used to identify various types of industries.
SIGNIFICANT INDUSTRIAL USER
(1) 
A user subject to categorical pretreatment standards;
(2) 
A user that discharges an average of 25,000 gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater);
(3) 
A user that contributes a process waste stream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW;
(4) 
A user that has significant impact, either singularly or in combination with other significant discharges, on the treatment works or the quality of its effluent;
(5) 
A user that is designated as such by the Town on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.
Upon a finding that a user meeting the criteria in subsections (2) through (5) hereof has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the Town may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 C.F.R. 403.8(f)(6), determine that such user should not be considered a significant industrial user.
SIGNIFICANT NONCOMPLIANCE
An industrial user's violations which meet one or more of the following criteria:
(1) 
Chronic violations of wastewater discharge limits, defined as those in which 66% or more of all of the measurements taken during a six-month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter;
(2) 
Technical review criteria (TRC) violations, defined as those in which 33% or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily average maximum limit or the average limit times the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH);
(3) 
Any other discharge violation that the control authority determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel or the general public);
(4) 
Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW's exercise of its emergency authority under paragraph (f)(1)(vi)(B) of this section [40 C.F.R. 403.8] to halt or prevent such a discharge;
(5) 
Failure to meet, within 90 days after the scheduled date, a compliance schedule milestone contained in a local control mechanism or enforcement order; for starting construction, completing construction, or attaining final compliance;
(6) 
Failure to provide, within 30 days after the due date, required reports such as baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;
(7) 
Failure to accurately report noncompliance; or
(8) 
Any other violation or group of violations which the control authority determines will adversely affect the operation or implementation of the local pretreatment programs.
SLUG
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 of flow during normal operation.
SLUG LOAD
Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in Section 74-92 of this chapter or any discharge of a non-routine, episodic nature, including but not limited to, an accidental spill or a non-customary batch discharge.
STORM DRAIN or STORM SEWER
A sewer which conveys stormwater and surface water and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling or process water.
STORMWATER
Any flow occurring during or following any form of a natural precipitation and resulting therefore including snowmelt.
SUSPENDED SOLIDS
The total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids, and which is removable by laboratory filtering.
TOWN
The Town of Abingdon.
TOWN MANAGER or MANAGER
The administrative and executive head of the Town or his/her authorized representative.
TOXIC POLLUTANT
Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the administrator of the environmental protection agency under the provision of CWA 307(a) or other acts.
USEPA
The United States Environmental Protection Agency.
USER
Any person who contributes, causes or permits the contribution of wastewater into the Town's POTW.
VDEQ
The Virginia Department of Environmental Quality.
VPDES
The Virginia Pollutant Discharge Elimination System permit program, as administered by the commonwealth.
WASTE PHARMACEUTICALS AND MEDICATIONS
Expired, unwanted, or unusable over-the counter and prescription antibiotics, hormones, steroids, chemotherapy agents, pain killers, decongestants, and related pharmaceutical products for human or animal application.
WASTEWATER
The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, together with any groundwater, surface water, and stormwater that may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW.
WASTEWATER DISCHARGE PERMIT
As set forth in Division 4 of this article.
WASTEWATER TREATMENT PLANT
Any arrangement of devices and structures used for treating wastewater.
WATERCOURSE
A channel in which a flow of water occurs, either continuously or intermittently.
WATERS OF THE STATE
All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof.
[Ord. of 2-7-2011; Ord. No. 2020.03.02.D, 3-2-2020]
(a) 
Except as otherwise provided herein, the Town Manager shall administer, implement, and enforce the provisions of this chapter. The Town Manager may delegate any powers granted to or duties imposed upon the Town Manager to other Town personnel.
(b) 
To protect the POTW, the Town Manager or designee may prepare and implement discharge policy documents that regulate the discharge of specific wastes deemed appropriate by the Town Manager or designee. These policy documents must be approved by Town Council and will become an enforceable component of this article.
(c) 
The Town may enter into contracts or agreements with other jurisdictions to provide wastewater conveyance and treatment services. These contracts or agreements shall require the jurisdiction to comply with all provisions of this chapter, at a minimum, and shall specify the party responsible for the administration of the program within that jurisdiction.
[Ord. of 2-7-2011; Ord. No. 2020.03.02.D, 3-2-2020]
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 2-7-2011]
It shall be unlawful to discharge to any natural outlet within the Town or in any area under the jurisdiction of the Town any sewage or other polluted water, except where suitable treatment has been provided in accordance with subsequent provisions of this article.
[Ord. of 2-7-2011]
Except as provided in this article, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage.
[Ord. of 2-7-2011]
(a) 
The owner of any house, building or property used for human occupancy, employment, recreation or other purposes situated within the service area and abutting any street, alley, right-of-way or easement in which there is located, now or subsequent to the adoption of this section, a public sanitary sewer of the Town shall install suitable toilet facilities therein at his expense and connect such facilities directly with the public sewer in accordance with the provisions of this article within 180 days after the date of official notice to do so, except that:
(1) 
Facilities with functioning septic tanks will not be required to connect to the public sewer. Such persons may be required to pay a sewer availability fee.
(2) 
At such time an existing septic system becomes inadequate or fails, the user will be required to connect to the Town's sewer system if access to the Town's sewer system is available as defined in this article.
(3) 
Sewer use fees or sewer availability fees shall not be charged for vacant lots until the earliest of the following dates:
a. 
The date use of the sewer begins.
b. 
The date that actual connection to the sewer is made.
c. 
The effective date of the certification of occupancy for a new house or other served facility.
(b) 
In any case where the apparent ground, street, sewer and floor elevations are such as to cause the property owner to seek relief from mandatory connection to the sewer and/or connection fees by claim that the premises cannot be served by gravity flow to the appropriate sewer main, the following rule shall govern: If both a kitchen and bath cannot be served by gravity, the mandatory sewer connection will be waived.
[Ord. of 2-7-2011]
Unless specifically authorized by the Town, no person shall operate, disturb, connect, disconnect or otherwise interfere with any pipe, manhole or other part of the sewage works of the Town, or remove or interfere with any light or barricade or other device maintained or operated in the construction, maintenance or repair of any part of such sewer system.
[Ord. of 2-7-2011; Ord. No. 2020.03.02.D, 3-2-2020]
Application for sewer service shall be made to the Town on such form as the Town may furnish. The connection application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Town Manager or designee. The Town Manager or designee may refuse any application, if in the sole discretion of the Town Manager or designee, there is insufficient capacity in the sewage works to allow a new connection.
[Ord. of 2-7-2011]
(a) 
The Town shall extend sewer service from an existing line to a point at or near the edge or border of property to be served, located nearest to the line to be extended, for the standard sewer connection fee for the type of service rendered or actual cost of making the sewer connection whichever is greater.
(b) 
In instances where the actual cost is greater than the standard connection fee, the customer requesting such extension shall bear that portion of the cost of extending such service which exceeds the aforementioned connection fee.
(c) 
As a prerequisite to the commencement of such extension, any customer requesting such extension may be required by the Town to place on deposit with the Town sufficient surety to assure the customer's payment of the costs referred to in Subsection (b) of this section. The amount of such surety required may equal 25% of the estimated cost of constructing extensions for individual, single-family residential property. The amount of such surety required may equal up to 100% of the estimated cost of constructing extensions for multiple units of residences or other commercial or industrial property. Such estimated costs shall include all labor and material required, including, but not limited to, pipe, fittings, manholes, cleanouts, reconstruction or upgrading of existing sewer mains to which the proposed extension will be connected, acquisition of necessary easements, and the Town's appropriate charges for supervision, engineering, insurance, equipment, legal costs and accounting.
(d) 
Up to 75% of the requesting customer's share of such extensions to serve individual single-family residences may be paid by deferred installments which may be arranged with terms and conditions to be determined by the Town Manager. Such installment payments shall be designed to recover the Town's cost of financing such extension.
(e) 
To the extent that funds for such purpose are available from sources referred to in Subsection (f) of this section, customers who have previously borne the cost of such extensions shall be partially reimbursed by the Town for such expenses on an equitable prorated basis as other customers within a five-year period who subsequently tap directly onto such extended lines. In no event shall any extending customers be reimbursed more than their share of the actual cost for such extension, nor shall any reimbursement be made for customers tapping onto and beginning use of such extended sewer service lines after the expiration of 10 years from the date of completion of the extension to the first customer to request the extension involved.
(f) 
The Town shall collect an appropriate contribution from any customer who subsequently connects to such an extended line within a five-year period, the cost of any portion of which extension has previously been borne by one or more other customers. Such contribution shall be in addition to ordinary tapping fees, and shall be a condition prerequisite to a subsequent customer tapping into such an extended line. Funds from such contributions so collected shall be used as the funds from which earlier extending customers shall be reimbursed, as set forth in Subsection (e) of this section. The amount of such contribution to be required shall be determined by the Town Manager as a fair share of the total cost of the extension to be tapped, considering the proportion of the total length and cost of the extension attributable to the extension up to the intervening property from which the proposed connection is to be made. In determining the amount of such contribution, the sewer connection fee shall be subtracted from what was determined to be the fair share of such connection cost of the total extension.
(g) 
For all purposes pertaining to this section, extension to a residential subdivision, apartment complex or condominium complex shall be deemed to be extension to a single property, and subsequent extensions or connections within such subdivision or complex shall not be governed by any part of this section.
(h) 
The provisions of this section shall not apply to any extensions of sewer lines required by the order of any duly constituted annexation court of competent jurisdiction.
(i) 
Nothing contained in this section shall be construed to prevent the Town from extending sewer service lines at its own expense for the purpose of encouraging and/or servicing commercial or industrial development within the Town or from providing service to existing single-family residential properties which have failed or failing septic systems, or for protecting the health and safety of the citizens of the Town or for any other reasonable governmental purpose, the Town hereby expressly reserving unto itself such right.
[Ord. of 2-7-2011]
All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with 40 C.F.R. Part 136 and shall be determined at the sampling manhole provided or upon suitable samples taken at such sampling manhole. In the event that no special manhole exists, the sampling manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. The facility manager may require any user to install a sampling manhole at the user's expense in order to collect representative samples from the user's discharge. The location of the manhole will be determined on a case-by-case basis and must be approved by the facility manager. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property.
[Ord. of 2-7-2011]
No statement contained in this article 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 therefore, by the industrial concern.