This article shall not apply to any private system which discharges
to wastewater facilities of the town or which discharges directly to a natural
outlet by authority of a separate NPDES permit and in compliance with applicable
state and federal laws.
All houses, buildings or properties which are required by other authority to have sanitary or industrial wastewater facilities are subject to the provisions of this Part 1 of this chapter. Any home, building or property located where a proper wastewater sewer is not available as specified by the provisions of Article III, § 161-14, of this Part 1 shall be equipped at the owner's expense with suitable wastewater facilities connected to a private wastewater disposal system which complies with the provisions of this Part 1.
Before commencement of construction of a private wastewater disposal system required under § 161-16 above, the owner shall first obtain a written construction permit signed by the manager. The application for such permit shall be made on a form furnished by the town, which the applicant shall supplement by the submission of any plans, specifications and other information relevant to wastewater discharges as are deemed necessary by the manager. A permit and inspection fee as set forth from time to time by the Town Council shall be paid to the town at the time the application is filed.
The type, capacities, location and layout of a private wastewater disposal
system shall comply with all requirements of the Department of Natural Resources
and Environmental Control of the State of Delaware or applicable federal law.
No permit shall be issued for any private wastewater disposal system employing
subsurface soil disposal facilities where the area of the lot is less than
that recommended by the State of Delaware.
Before commencement of operation of a private wastewater disposal system,
the owner shall first obtain a written operating permit signed by the manager.
The operating permit shall not become effective until the installation is
completed to the satisfaction of the manager. The manager shall be allowed
to inspect the work at any stage of construction. The applicant for the operating
permit shall notify the manager when the work is ready for final inspection
and before any underground portions are covered. The inspection shall be made
within 10 normal business days after receipt of notice by the manager.
At such time as a wastewater sewer becomes available, as defined in Article III, § 161-14, to a property served by a private wastewater disposal system, a direct connection shall be made to the wastewater sewer within 60 days, and any septic tanks, cesspools and similar wastewater disposal facilities shall be emptied and filled with suitable material.
The owner shall operate and maintain the private wastewater disposal
facilities in a sanitary manner at all times in accordance with the conditions
of the operating permit and at no expense to the town. Such facilities shall
be subject to inspection by the manager at reasonable times.
