A. 
Unless the context specifically indicates otherwise, the meaning of the terms used in this chapter shall be as follows:
APPLICANT
The owner or person requesting a sewer permit or requesting permission to enter the Town sewer system.
BOD (denoting "biochemical oxygen demand")
The quantity of oxygen utilized in the biochemical oxidation of organic matter in five days at 20º C., expressed in milligrams per liter, as determined by test methods defined in Standard Methods.
BUILDING DRAIN
That part of the lowest horizontal piping of a sewer system which receives the discharge from waste pipes inside the walls of the building or structure and conveys it to the building sewer. The physical limit of the building drain shall be a point eight feet outside the exterior face of the structure's wall.
BUILDING SEWER
The pipe(s) extending from the structure's building drain to its connection to the public sanitary sewer.
COMBINED SEWER
A sewer receiving both natural surface runoff and sewage.
DESIGNATED REPRESENTATIVE OF THE SELECT BOARD
The Town Manager. In turn, the Town Manager may designate his representatives in matters dealing with the Town wastewater facilities.
DWELLING UNIT
Any part of a structure which, through sale or lease, is intended for human habitation, including single-family and multifamily housing, condominiums, apartments and time-share units.
[Added 6-13-2012]
GARBAGE
Solid wastes from the domestic and commercial preparation, cooking and dispensing of food and from the handling, storage, and sale of produce.
INDUSTRIAL WASTEWATER
The liquid wastes, including any types of solids, from industrial or commercial manufacturing processes as distinct from sanitary wastewater. Industrial wastewaters may or may not be discharged separately from sanitary wastewaters. For a combined discharge, the Select Board shall determine if the discharge meets the definition of "industrial wastewater."
MUNICIPAL OFFICERS
The Select Board of the Town of Bethel.
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake, or other body of surface water or groundwater.
OWNER
The person who is the vested holder of title for any real estate, or it may mean all tenants, lessees or others in control or use of the property in question, when applicable. Excluded from this definition is a mortgagee of the property in question unless the mortgagee exercises his mortgage rights and becomes an owner.
PERSON
Any individual, firm, company, association, society, corporation, group, or applicant.
pH
The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution. It is a method of expressing the acidic or basic strength of a solution and the tendency or ability of that solution to react with other acidic or basic solutions. The pH value may range from one (strong acid) to 14 (strong base). Pure water is neutral and has a pH of seven.
PRIVATE SEWER SYSTEM
Any sewer that collects wastewater from two or more building sewers on private property owned separately or jointly and discharges to a public sanitary sewer. Private sewer systems are not permitted except by approval by the Select Board.
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 1/2 inch in any dimension.
PUBLIC SEWER
A common sanitary sewer serving the general public and owned and controlled by the Town.
SANITARY SEWER
A sewer pipe which carries domestic and/or industrial wastewater and to which natural stormwater, surface water, and groundwater are not intentionally admitted.
SANITARY WASTEWATER
The liquid waste discharged from a building's or structure's sanitary conveniences, such as toilets, washrooms, urinals, sinks, showers, and small laundries, and from kitchens and cafeterias, essentially free of industrial wastes or toxic materials. Sanitary wastewater may or may not be discharged separately from industrial wastewater. For a combined discharge, the Select Board shall determine if a wastewater discharge meets the definition "sanitary wastewater."
SEPTAGE
The mixture of liquids and solid matters removed from a septic tank during normal cleaning.
SEPTAGE DUMPING FACILITY
A facility specifically designed to handle septage.
SEWAGE
A combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such natural groundwater, surface water and stormwater as may be present. This term shall be interchangeable with the word "wastewater." Until natural groundwater, surface water or stormwater is contaminated by such wastes, it is not in and of itself sewage.
[Amended 6-11-2003]
SEWER
Any pipe or conduit, whether above or below the ground, for carrying sewage.
SEWER EXTENSIONS
Additions to the existing public sewer system. Anything else is a sewer connection. A public sewer extension is a wastewater facility constructed on public property or within a road right-of-way and which is physically connected to the rest of the public sewer system. A private sewer extension is a wastewater facility constructed on private property and connected to the public sewer system.
SLUG
Any discharge of water or wastewater in which the concentration of any given constituent or the rate of flow exceeds, for any period of duration no longer than 15 minutes, more than five times the average twenty-four-hour concentration, or flow, during normal operation.
STANDARD METHODS
Standard Methods for the Examination of Water and Wastewater, latest edition, published by the American Public Health Association.
STORM DRAIN
A conduit which carries natural stormwater and surface water and drainage, but not sewage and industrial wastes, other than unpolluted cooling water.
SUPERINTENDENT
The Wastewater Treatment Plant Superintendent.[1]
[Amended 6-11-2003]
SUSPENDED SOLIDS
Solids that either float on the surface of or are in suspension in water, sewage, or other liquids and which are defined as total suspended solids and are determined in accordance with Standard Methods.
WASTEWATER TREATMENT FACILITIES
Any arrangement of devices and structures used for treating sewage.
WATER CONSUMPTION PERIOD
The period for which the Bethel Water District provides water meter readings to the Town.
WATERCOURSE
A natural or improved channel is which a flow of water occurs, either continuously or intermittently. The terms "watercourse" and "swale" shall be considered interchangeable.
[Amended 6-12-2024 ATM by Art. 12]
[1]
Editor's Note: Throughout this chapter, all references to "plant operator" were amended to "Superintendent" 6-11-2003.
B. 
"Shall" is mandatory; "may" is permissive/optional.
The Town of Bethel, in order to promote the health, general welfare, comfort, and public convenience of its citizens, owns, controls, maintains and operates a wastewater collection, treatment and disposal facility.
A. 
This chapter is adopted pursuant to home rule powers as provided for in Article VIII, Part Second, § 1, of the Maine Constitution and 30-A M.R.S.A. § 3001.
B. 
This chapter shall be known as the "Sewer Use Ordinance and Wastewater Pollution Control Program" of the Town of Bethel, Maine, enacted by vote of the Town Meeting.
C. 
The authority to act on behalf of the Town of Bethel in all matters pursuant to the Town's wastewater facilities shall be vested in the Select Board to the extent allowed by 30-A M.R.S.A. §§ 3402 to 3406 and 3422 and all other applicable state statutes.
[Amended 6-11-2003]
There is hereby established a Wastewater Treatment Department for the Town of Bethel. The Select Board shall provide for its staffing, establish rules and regulations for its operations and prepare and approve a fiscal year budget for the Department. The Wastewater Treatment Department shall be under the general direction of the Town Manager and direct direction of the Superintendent. In addition, the Select Board may establish such sewer advisory boards and committees as it deems necessary and provide for their charges and rules and regulations.
A. 
There shall be an ordinance established as may be necessary to restrict and regulate the accumulation, transportation, treatment and disposal of wastewater in such a manner that the creation of any wastewater system, whether public or private, industrial or residential, shall not result in pollution, health hazards or other nuisances for the citizens of the Town of Bethel.
B. 
Alteration or waiver.
(1) 
The Select Board has the right to alter or waive any provisions of this chapter, rules, regulations or conditions of services for the following reasons:
(a) 
Because of special, unique circumstances such as availability of alternative sewer funding sources, federal and state funding programs and their rules and regulations and topography of the land;
(b) 
Where a strict enforcement of this chapter would result in undue hardship;
(c) 
Where a relaxation of the terms of this chapter would not be contrary to the public interest; and
(d) 
Adequate cause.
(2) 
The decision and the reason(s) for the decision shall be recorded in the minutes of the meeting in which the waiver is granted. The burden of proof for the granting of an alteration or waiver is upon the applicant or developer and not upon the Select Board.
[Amended 6-11-2008]
In order to construct or upgrade the Town's wastewater facilities and to make renewals, upgrades, additions, extensions, and capital improvements and purchase capital equipment for the same as well as to cover interim interest payments during any construction, the Town, by resolution of its Select Board and with Town Meeting vote, is hereby authorized to issue, from time to time, bonds, notes or other evidences of indebtedness of the Town in one series or in separate series, in such amount or amounts, bearing interest at such rate or rates, and having such terms and provisions as the Select Board shall determine. The indebtedness incurred shall only be repaid from sewer user fees and charges and not from taxation.
All persons, firms and corporations, whether public or private, shall pay to the Treasurer of the Town the rates, tolls, rents, fees, and other lawful charges established by the Select Board for the wastewater service used or available with respect to their real estate.
[Amended 6-11-2008]
The Select Board shall annually adopt and amend a five-year capital improvement plan for the Town wastewater facilities which addresses financing, upgrade, rehabilitation and repair of the sewage treatment plant, and sewer collection system, as needed.
A. 
The Code Enforcement Officer/Local Plumbing Inspector (hereafter referred to as "CEO/LPI," which refers to either position) appointed by the Select Board shall be responsible for the enforcement of this chapter. Upon finding that any owner is violating any provision of this chapter, the CEO/LPI shall notify the municipal officers. The municipal officers, or their agent, shall serve the owner with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
[Amended 6-11-2003; 6-11-2008]
B. 
Any owner who shall continue any violation beyond the time limit provided for in the written notice may be subject to court action and shall be guilty of a civil violation and on conviction shall be fined not less than $100 nor more than $5,000 or such other penalty provided by 30-A M.R.S.A. § 4452, except where otherwise provided in this chapter. Each day in which such violation shall continue shall be deemed a separate violation.
[Amended 6-11-2003; 6-12-2024 ATM by Art. 12]
C. 
Any owner violating any of the provisions of this chapter shall become liable to the Town for any such expense, loss or damage occasioned the Town by reason of such violation.
A. 
Any owner aggrieved by the decision of the Select Board or CEO/LPI, which decision arises from provisions of this chapter, may appeal such decision to the Town of Bethel Board of Appeals.
B. 
Within 30 days of the date of the decision of the Select Board or CEO/LPI, the appeal shall be entered at the office of the Town Clerk. The appellant shall set forth the grounds for his appeal and shall refer to the specific provisions of the chapter involved.
[Amended 6-11-2008; 6-12-2024 ATM by Art. 12]
C. 
The procedure for handling an appeal by the Board of Appeals shall be as set forth in the rules of procedure for the Board of Appeals as approved by the Select Board.
[Amended 6-11-2003]
D. 
An aggrieved party may appeal from the decision of the Board of Appeals to the Superior Court as provided by the laws of the State of Maine.
[Amended 6-11-2008]
A. 
The Select Board or the CEO/LPI or Wastewater Treatment Plant Superintendent (hereafter referred to as "Superintendent") and other duly authorized representatives of the Select Board bearing proper identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling, and testing pertinent to discharge to the public sewer in accordance with the provisions of this chapter but only at reasonable times and upon reasonable notice. Any information so obtained and considered as proprietary shall be held so by the Select Board.
B. 
While performing the necessary work on private properties referred to above, the Select Board or CEO/LPI or Superintendent shall observe all safety rules applicable to the premises.
C. 
The Select Board or CEO/LPI or Superintendent bearing proper identification shall be permitted to enter all private properties through which the Town holds a fully executed easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the Town's facilities lying within said easement. All entry and subsequent work, if any, on said easement shall be done in full accordance with the terms of the duly executed easement pertaining to the private property involved.
A. 
No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance, or equipment which is a part of the Town wastewater facilities. Any person violating this provision shall be subject to those penalties provided by state law. A person shall be liable to the Town in a civil action for all damages incurred and double damages where appropriate as provided by 30-A M.R.S.A. § 3407.[1]
[1]
Editor's Note: Former Subsection B, which immediately followed and provided that the Town not be liable for damage in the absence of a backflow valve, was repealed 6-11-2008.
[Amended 6-11-2008]
This chapter shall supersede all other wastewater ordinances enacted by the Town of Bethel and the Town of Bethel Sewer System and rules and regulations adopted by the Select Board prior to the date of the enactment of this chapter.
This chapter shall be effective when approved by the voters at Town Meeting. Hereafter any person owning or proposing to own any real estate within the Town of Bethel which is the source of wastewater shall comply with the requirements of this chapter.
[Amended 6-14-2006]
This chapter may be amended by vote of a Town Meeting as provided in Chapter 5, Administration, Article VII.