[HISTORY: Adopted by the Town of Wells 9-13-1979. Amendments noted where applicable.]
This chapter shall be known as the "Septage Effluent Disposal Ordinance of the Town of Wells."
It is unlawful and in violation of this chapter for any person, firm, corporation or other legal entity to dispose of septic tank effluent and/or cesspool effluent at any location within the municipal boundaries of this Town except in compliance with the terms of this chapter.
The Town shall establish designated effluent disposal facilities within the Town or, through contract, with other municipalities, which facilities shall be utilized, on a permit basis, for the disposal of septic or cesspool effluent. Said disposal facilities shall be available to residents of the Town, real estate property owners within the Town and conveyors and pumpers of septic and cesspool effluent from subsurface waste disposal systems situated within the Town.
Nothing in this chapter shall be construed to prevent a homeowner from arranging to dispose of septic effluent from a residence on property of the owner of the residence, in accordance with state law, 38 M.R.S.A. § 1306, and any regulations adopted by the Department of Environmental Protection.
Any person, firm, corporation or other legal entity seeking to dispose of septic and/or cesspool effluent at the designated effluent disposal facility shall, prior to each disposal, secure a permit for such disposal. Said permit may be secured by making application to the office of the Town Manager on forms prescribed by the Town Manager.
At such time as the application is filed, the applicant will be advised as to whether immediate disposal is available at a designated disposal facility. In the event that immediate disposal is not available, the Town shall, to the extent practicable and if requested by the applicant, provide temporary retention facilities for such effluent and shall assess an additional fee to the applicant.
The application for an effluent disposal permit shall, among other things, include:
Any septic tank pumper or conveyor operating pursuant to a permit issued under this chapter shall secure such licenses for pumping or conveying as are required by state law.
At the time of issuance of the permit contemplated herein, the Town shall collect from the applicant the permit fee, as such fee is determined from time to time by the Board of Selectmen, following notice and a public hearing, for each one-thousand-gallon quantity, or less, of effluent to be disposed of in the disposal facility and, where applicable, the fees as set from time to time by the Board of Selectmen, following notice and a public hearing, for utilization of the Town's temporary retention facilities.
Any applicant who intends to apply for a series of applications may, with the consent of the Town Manager, deposit with the Town, to the applicant's account, a sum of money against which individual permit fees may be credited.
The Selectmen are authorized to utilize revenues derived from permit fees for the purpose of compensating other contracting parties for the utilization of designated effluent disposal facilities and for the purpose of providing temporary retention facilities.
Any person, firm, corporation or other legal entity who or which violates any of the terms or provisions of this chapter shall be punished by a civil penalty of not more than $100, to be paid to the Town, and furthermore no violator shall be eligible to receive any subsequent permits within one year of the date of the violation.
The disposal of septic tank and/or cesspool effluent at any location within the Town except as authorized by this chapter shall be deemed to constitute a nuisance.