[HISTORY: Adopted by the Town Meeting of the Town of Madison 3-5-1973; printed as last amended 2-1-1994. Subsequent amendments noted where applicable.]
Sludge and septage — See Ch. 321.
Editor's Note: An interim amendment to this ordinance was adopted 3-2-1987.
"An ordinance to provide for safety, health and public welfare and the protection of water resources through the regulation of sewage disposal methods, providing for permits and prescribing penalties for violation."
The provisions of this code shall pertain to new building construction, relocation, replacement, or substantial enlargement that may result in increased amounts of sewage to be disposed of and to any private sewage disposal system to be installed, relocated, replaced or enlarged.
This chapter shall be administered by the Code Enforcement Officer who shall be appointed by the municipal officers. The municipal officers may appoint Assistant Code Enforcement Officers as may, in their judgment, be necessary to the enforcement of this chapter.
The Code Enforcement Officer, or designee, in performance of his duties, shall have the right to enter any premises and any building thereon for the purpose of making the inspection required by this chapter.
In the event the Code Enforcement Officer is unable to gain entrance, he may petition the District Court which, upon such notice it may deem appropriate and after hearing, may issue an order authorizing entry for the purpose of making such inspection and may assess costs against the owner or occupant.
Before the construction, relocation, replacement or substantial enlargement of any building has commenced, or before any private sewage disposal system is installed, relocated, replaced, or enlarged, the owner or lessee, or the architect, engineers, contractor, or builder employed by such owner or lessee shall obtain from the Code Enforcement Officer a permit covering such proposed work.
Building permit fee. A permit fee shall be paid to the Town, with a copy of the receipt to accompany the application. A copy of the Town of Madison Fee Schedule is kept at the Town office. Please refer to the Fee Schedule for all permit fees.
Plumbing permit fee.
This section applies to fees charged by the Town of Madison for plumbing and subsurface wastewater disposal system permits issued by the Town of Madison pursuant to 30-A M.R.S.A. § 4201 et seq. and pursuant to rules promulgated to by the Department of Human Services (DHS) under the authority of 30-A M.R.S.A. § 4201 et seq. ("State Plumbing Code"). For purposes of this section, the terms contained in this section shall have the meanings given to them in the State Plumbing Code.
At the time of issuance by the Town of a planning permit pursuant to 30-A M.R.S.A. § 4201 et seq. and the State Plumbing Code, the plumbing permit applicant shall pay a fee in accordance with the following schedule and at the rate provided for each classification shown herein.
Any person who shall begin any work for which a permit is required by the State Plumbing Code without first having obtained a permit therefor, shall, if subsequently eligible to obtain a permit, pay double the permit fee fixed by this section for such work. However, this provision shall not apply to emergency work when it shall be proved to the satisfaction of the Local Plumbing Inspector that such work was urgently necessary and that it was not practical to obtain a permit before commencement of the work. In all such emergency cases, a permit must be obtained within four working days or else double permit fee as hereinavbove provided shall be charged.
For the purpose of this section, a sanitary plumbing outlet on or to which a plumbing fixture or appliance may be set or attached shall be construed to be a fixture. Fees for reconnection and retest of existing plumbing systems in relocated buildings shall be based on the number of plumbing fixtures, water heaters, etc., involved.
Please refer to the Maine Subsurface Wastewater Disposal Rules for all applicable fees. A copy of the rules is available at the Town office.
Late permit fee. A person who starts construction without first obtaining a subsurface wastewater disposal permit shall pay double the applicable permit fee indicated in the Town of Madison Fee Schedule.
The application for a building permit shall include:
Subsurface wastewater disposal system shall be installed in accordance with the State Plumbing Code, as amended.
The Code Enforcement Officer shall issue a permit upon finding that the provisions of this code have been complied with, or shall notify the applicant in writing that the permit is denied, stating the reasons therefor.
The sanitary permit shall be displayed in a conspicuous place on the premises, clearly visible from the principal traveled street, and shall not be removed until all work covered by he permit has been approved.
No building shall be occupied after construction, relocation, replacement, or substantial enlargement of a private sewage disposal system or water supply system until a certificate of occupancy has been issued by the Code Enforcement Officer, provided that an existing dwelling may continue to be occupied during improvements to an existing sewerage system, so long as no sewage is disposed of therefrom in violation of this chapter.
In any case where the work authorized under a permit has not been commenced within two years from the date of issuance of the permit, no further work shall be done until the permit has been renewed by a new application, and payment of a new application fee.
That if any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof.
Any building constructed or work performed in violation of the provisions of this chapter, or any permit issued by the Code Enforcement Officer, or any occupancy of any building constructed as a dwelling without the required certificate of occupancy, shall be considered a nuisance. Any person who continues to violate any provisions of this chapter after receiving notice of such violation shall be guilty of a misdemeanor and subject to a fine of up to $100 for each violation. Each day such a violation is continued is a separate offense.
The Code Enforcement Officer shall conduct an investigation of the sewage disposal system of all existing buildings and private sewage disposal systems on land that has been identified on maps prepared by the Soil Conservation Service, US Department of Agriculture, as "poor" and "very poor" for septic sewage disposal. He shall make a report identifying the method of sewage disposal being employed for each building, problems that may be resulting, and any recommendations he may have for eliminating these problems. Similarly, he shall make an investigation and report for all existing buildings and private sewage disposal systems located within 500 feet of a lake, pond, river, stream, or watercourse that leads to a lake or pond. His investigation shall, when appropriate, make use of a dye test. He shall submit his report to the municipal officers who shall make a determination of any action to be taken by individual property owners or by the Town to improve conditions in the areas under investigation. The municipal officers may require the property owner to make improvements to his water supply and sewage disposal system at his own expense. If, within 60 days after being notified in writing, the property owner has not made the required improvements, with certification by the Code Enforcement Officer, the building shall be declared to be nuisance.