A.
APPLICANT
BOD (denoting "biochemical oxygen demand")
BUILDING DRAIN
BUILDING SEWER
COMBINED SEWER
DESIGNATED REPRESENTATIVE OF THE SELECTMEN
DWELLING UNIT
GARBAGE
INDUSTRIAL WASTEWATER
MUNICIPAL OFFICERS
NATURAL OUTLET
OWNER
PERSON
pH
PRIVATE SEWER SYSTEM
PROPERLY SHREDDED GARBAGE
PUBLIC SEWER
SANITARY SEWER
SANITARY WASTEWATER
SEPTAGE
SEPTAGE DUMPING FACILITY
SEWAGE
SEWER
SEWER EXTENSIONS
SLUG
STANDARD METHODS
STORM DRAIN
SUPERINTENDENT
SUSPENDED SOLIDS
WASTEWATER TREATMENT FACILITIES
WATER CONSUMPTION PERIOD
WATERCOURSE
Unless the context specifically indicates otherwise,
the meaning of the terms used in this chapter shall be as follows:
The owner or person requesting a sewer permit or requesting
permission to enter the Town sewer system.
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.
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.
The pipe(s) extending from the structure's building drain
to its connection to the public sanitary sewer.
A sewer receiving both natural surface runoff and sewage.
The Town Manager. In turn the Town Manager may designate
his representatives in matters dealing with the Town wastewater facilities.
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]
Solid wastes from the domestic and commercial preparation,
cooking and dispensing of food and from the handling, storage, and
sale of produce.
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 Selectmen shall
determine if the discharge meets the definition of "industrial wastewater."
The Selectmen of the Town of Bethel.
Any outlet into a watercourse, pond, ditch, lake, or other
body of surface water or groundwater.
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.
Any individual, firm, company, association, society, corporation,
group, or applicant.
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.
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 Selectmen.
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.
A common sanitary sewer serving the general public and owned
and controlled by the Town.
A sewer pipe which carries domestic and/or industrial wastewater
and to which natural stormwater, surface water, and groundwater are
not intentionally admitted.
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 Selectmen shall determine if a wastewater
discharge meets the definition "sanitary wastewater."
The mixture of liquids and solid matters removed from a septic
tank during normal cleaning.
A facility specifically designed to handle septage.
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]
Any pipe or conduit, whether above or below the ground, for
carrying sewage.
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.
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 for the Examination of Water and Wastewater,
latest edition, published by the American Public Health Association.
A conduit which carries natural stormwater and surface water
and drainage, but not sewage and industrial wastes, other than unpolluted
cooling water.
The Wastewater Treatment Plant Superintendent.[1]
[Amended 6-11-2003]
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.
Any arrangement of devices and structures used for treating
sewage.
The period for which the Bethel Water District provides water
meter readings to the Town.
A natural or improved channel is which a flow of water occurs,
either continuously or intermittently. The terms "waterway" and "swale"
shall be considered interchangeable.
[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 Board of Selectmen 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 Selectmen 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
Selectmen 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 Selectmen have 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 Selectmen.
[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 Board of Selectmen 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 Selectmen
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 Selectmen
for the wastewater service used or available with respect to their
real estate.
[Amended 6-11-2008]
The Selectmen 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 Selectmen 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 $2,500 or such other
penalty provided by 30-A M.R.S.A. § 4452. Each day in which
such violation shall continue shall be deemed a separate violation.
[Amended 6-11-2003]
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 Selectmen
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
Selectmen, 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]
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 Board of Selectmen.
[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 Selectmen or the CEO/LPI or Wastewater Treatment
Plant Superintendent (hereafter referred to as "Superintendent") and
other duly authorized representatives of the Selectmen 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 Selectmen.
B.
While performing the necessary work on private properties
referred to above, the Selectman or CEO/LPI or Superintendent shall
observe all safety rules applicable to the premises.
C.
The Selectmen 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 Board of Selectmen
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.
