For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
APARTMENT UNITS
More than one family residence within a dwelling or apartment house.
BUILDING SEWER
That sewer from the user's building to the sewer lateral of the Town sewer.
DWELLING
A family residence.
GARBAGE
Solid wastes from the preparation, cooking and dispensing of food, and from the sale, storage or handling of produce.
OUT OF TOWN
All the area designated as being not a part of the corporation limits of the Town.
PROPERTY OWNER
That person, estate, corporation or company who is listed as the owner of a property in the county records of deeds.
RENTER
That person, estate, corporation or company who rents, leases or subleases property directly or indirectly from the property owner.
SEWAGE
The water carried wastes from all residences, business buildings, schools, institutions, industry and all establishments of any description, plus any ground or surface water which may be present.
SEWER
A pipe or conduit for carrying sewage.
SEWER LATERAL
That sewer from the property line of a user to the main sewer line.
SEWERAGE WORKS
All facilities for collection, pumping, treating and disposal of sewage.
SHREDDED GARBAGE
Garbage that has all particles less than 5/8 inch in all dimensions so as to flow freely under the normal flow conditions of public sewers.
SYSTEM
The complete sewerage works.
USERS
That sewer from the property line of a user to the main sewer line.
VICINITY
That street, alley or right-of-way bordering a prospective user's land.
[Amended 7-10-1975; 7-13-1978]
Prospective users of the sewerage works shall make application for such service at the Town office. The required connection fee shall be due on the date the application is made. The fee paid at the time of application shall be valid for one year and at the expiration date shall be re-evaluated to conform with prevailing connection rates.
[Amended 1-10-1974; 11-13-1975; 5-19-1977; 6-12-1978; 11-9-1978; 5-12-1983; 7-1-1987; 11-10-1994; 5-11-1995; 5-8-1997; 10-9-1997; 10-14-1999; 1-8-2001; 3-13-2001; 8-13-2001; 1-13-2003; 10-13-2003; 5-10-2004; 9-11-2006; 10-8-2007; 2-11-2008; 7-1-2008; 11-10-2008; 1-11-2010; 10-12-2010; 9-11-2023; 6-10-2024]
A. 
Initial hook up service charge.
(1) 
The initial hook up service charge for residential service (dwelling houses and apartment units) within the corporate limits of the Town shall be per house or unit based on meter size. See chart below.
(2) 
The initial hook up service charge for residential service (dwelling houses and apartment units) outside the corporate limits of the Town shall be per house or unit based on meter size. See chart below.
(3) 
The initial hook up service charge for established 501 (c)(3) nonprofits in Town and outside of Town limits will be based on meter size. See chart below.
(4) 
The initial hook up service charge for commercial service and housing multi-units for rental use, the sewer tap for each inside of the corporate limits of the Town based on meter size. See chart below.
(5) 
The initial hook up service charge for commercial service and housing multi-units for rental use, the sewer tap for each outside of the corporate limits of the Town based on meter size. See chart below.
(6) 
The initial hook up service charge for industrial users within the corporate limits based on meter size. See chart below.
(7) 
The initial hook up service charge for industrial users outside of the corporate limits of the Town based on meter size. See chart below.
Meter Size
In Town
Out of Town
Hook up 5/8 to 3/4 T-10 meter
$16,000
$24,000
Hook up 1-inch meter
$30,000
$45,000
Hook up 1.5-inch meter
$51,500
$77,250
Hook up 2-inch meter
$81,000
$121,500
Hook up 3-inch meter
$143,000
$214,500
Hook up 4-inch meter
$172,000
$258,000
(8) 
Hotels, motels, tourist homes, apartment complexes with multiple bathrooms in addition to the initial connection fee, there shall be a fee of $350 for each restroom unit.
B. 
Schedule of service.
(1) 
Residential service. The schedule for sewer service to dwellings and individual apartment units within the corporation limits shall be:
(a) 
Service fee: $41.23.
(b) 
Each 1,000 gallons: $10.29 per thousand.
(c) 
Residential out-of-Town users:
[1] 
Service fee: $61.84.
[2] 
Each 1,000 gallons: $15.44 per thousand.
(2) 
Commercial service.
(a) 
Service fee: $35.
(b) 
Each 1,000 gallons: $12.51 per thousand.
(c) 
Commercial out-of-Town users:
[1] 
Service fee: $70.
[2] 
Each 1,000 gallons: $25.02 per thousand.
(3) 
Industrial users.
(a) 
Service fee: $35.
(b) 
Each 1,000 gallons: $23.60 per thousand.
(c) 
Industrial out-of-Town users:
[1] 
Service fee: $105.
[2] 
Each 1,000 gallons: $35.40 per thousand.
(4) 
Nonprofit.
(a) 
No service fee.
(b) 
Each 1,000 gallons: $13.40 per thousand.
C. 
For either cut-on or cut-off service during any month of a billing period, the minimum charge shall be prorated relative to the number of months service is used. All consumption over the prorated minimum shall be in accordance with the established rate schedule. Proration of service shall be computed on a monthly and not a daily basis.
D. 
Any commercial or industrial service using the Town's and/or an auxiliary water supply shall pay a sewer charge of $300 per month, unless a flow meter is installed.
[Amended 5-19-1977]
All charges for sewer service shall be payable bimonthly (every two months) except for consumers whose water service is supplied by the City of Winchester and who are billed for water service by that city. The consumers shall be billed on a quarterly (every three months) basis. Bills shall be rendered the user on or about the first of the month ending the last month of the water billing period. Users may pay for service on a monthly basis by arrangement with the Town Treasurer. A service charge of 10% of the bill will be added to all bills after 30 days from the date of the bill.
[Amended 3-10-1977]
Nonpayment of sewer service bills by users of the sewer system shall result in the discontinuance of water service. Such service shall be discontinued 35 days from the date of original bill, unless suitable arrangements approved by Council are made by the user.
[Amended 4-10-1986]
The owner of all houses, buildings or properties used by humans for occupancy, employment, recreation or other purposes, constructed within the Town, is hereby required at his expense to install suitable toilet facilities therein, and to connect these facilities directly to the public sewer in accordance with the provisions of this chapter within 90 days after official notice to do so, provided that the public sewer is within 200 feet of his property line. Continuation of preexisting use of private water and septic must be approved by the Health Department.
Prospective users of the sewer system who do not reside within the Town shall be required to construct a sewer line from their property to the Town sewer near the corporation limits. All trunk lines and laterals so constructed shall be in accordance with the Town requirements and shall meet with the specifications under which the Town system was installed. Upon completion and acceptance by the Town Council of the trunk and lateral lines, the Town Council shall at its discretion determine whether the same shall become the property of and a part of the Town sewer system. All building sewer connections shall be in accordance with this chapter.
[Added 11-10-2014]
A. 
Purpose.
(1) 
To protect the Town's water and sewer system from problems emanating outside of the Town's areas of responsibility and control and to protect the viability and operations of the system. This plan applies to outside owned water and sewer mains; it is not required by homeowners or businesses who only have individual service connections. The use of this plan will allow for periodic checks of manholes and wastewater flows in various sections of the collection system outside the Town's own mains, reduces infiltration and inflow and limits water line leakage. The implementation of this plan will also help to reduce the number of sewage backups before the situation becomes critical and the number of emergency calls to eliminate blockage, as well as limit treatment for groundwater. The cost of the inspections and corrections is with the owner of the line.
(2) 
The intent of this plan is also to help identify and keep records of sections of the sewer system that are prone to infiltration and inflow.
B. 
Reports and records. All owners of water and/or sewer mains that are connected to a Middletown line are required to provide the following reports annually. These are due December 1 of each year. Failure to file the reports and complete the annual required testing and inspection is grounds for termination of the connection to the Town lines. Reports should consist of the following overview of items:
(1) 
Field work summary.
(2) 
Flow data summary, if any.
(3) 
Discussion of findings.
(4) 
Photographs or video film, if available.
(5) 
Map of the area inspected, cleaned, etc.
(6) 
Recommendations.
(7) 
Plans for repair and replacement.
C. 
Inspections.
(1) 
Complete inspections of the sewer system shall be accomplished once every 24 months. If it has been more than 24 months since the requisite inspection has occurred, it must take place within the next 30 days. Certain items require more frequent inspections.
(a) 
Visual inspections of manholes and inverts.
(b) 
Pressure testing of manholes.
(c) 
Smoke testing of lines.
(d) 
TV inspection.
(e) 
Pressure testing of service lines.
(f) 
Flow monitoring using in line flow meter.
(2) 
Manhole inspections are to be performed at least once per year. These are approximately 200 manholes in the Town's collection system. Manholes are to be visually checked for sluggish movement of wastewater, grease build up, roots, and cracks on the sides of the manhole. Manhole frames and lids are to be checked for surface leakage.
(3) 
Smoke testing is to be performed in sewer line sections that will be later inspected by closed circuit TV. Smoke testing is to take place during the summer months or periods of dry weather for better results.
(a) 
Observations will be made for broken clean outs, breaks in the sewer main or service line, improper venting, and roof drains or floor drains that are improperly connected to the system.
(b) 
A record is to be kept of the smoke test results. Property owners are to be notified of any problems that are found with the service lines, venting, etc., for any corrections that are to be made.
(4) 
TV inspection of sewer lines is to be made with a reputable licensed contractor that is experienced with inspections and rehabilitation of sewer systems, or by a utility company. TV inspection reports will be completed on survey and evaluation forms.
(5) 
Cleaning of sewer lines should take place on a regular basis, but at least once every 24 months, using information that is gained from manhole or other inspections. Any cleaning compounds or other items introduced into the system must have the advance written approval of the Town Public Works Department. Complaints received concerning backups or sluggish sewer lines should be investigated and used in determining which sections of sewer lines are more prone to blockages and cleaning of the sections that are identified as problematic. Otherwise sewer lines should be cleaned in a cycle that corresponds with the TV inspections.
(6) 
Flow monitoring of the various sewer sectors and manhole functions points should be completed annually. Information from the flow monitoring will be used to access the areas that should be prioritized for TV inspection to determine where infiltration and inflow may be occurring.
D. 
Water and sewer line installations. Water and sewer lines must be installed or replaced in accordance with adopted construction standards and specifications as set forth by the Town's Public Works Department. Any section of line not built to specifications prior to the approval of these regulations must have a plan of action submitted to the Town for correction within 120 days, and the plan must outline a correction completion schedule which may not exceed 36 months.
E. 
Penalties. Failure to comply with these requirements following notice sent by first class mail to the owner of record shall result in the following: $500 per day penalty until full compliance is gained. After 30 days of noncompliance, the Town may permanently remove connections and access to the Town's utility system. Should health and safety issues prevent connection termination, the Town may undertake to bring about compliance. The cost plus 50% shall be assessed against the real estate as an unpaid levy.
Any person found to be in violation of this chapter by the Town or Health Department shall be served by the Town or Health Department with a written notice stating the nature of the violation, corrective measures necessary and a time limit in which to comply with this chapter.