[Adopted 5-1-1981; readopted 8-24-1984 by Ord. No. 47]
This article is an ordinance to promote the general welfare, to prevent disease and to promote health and to provide for the public safety by regulating the use of public and private sewers and drains, private wastewater disposal, the installation and connection of building sewers and the discharge of waters and wastes into the public sewer system, including the wastewater treatment plant, and providing penalties for violations thereof in the Town of Leonardtown, St. Mary's County, State of Maryland.
Unless the context specifically indicates otherwise, the meaning of terms used in this article shall be as follows:
- The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), as amended by the Federal Water Pollution Control Act Amendments of 1972 (Pub. L. 92-500 and Pub. L. 92-243), and any subsequent amendments.
- APPLICANT or OWNER
- Any person requesting approval to discharge industrial or domestic wastewaters into facilities of the town.
- BOD (denoting "biochemical oxygen demand")
- The quantity of oxygen utilized in the biochemical oxidation of the wastewater under standard laboratory procedures in five days at 20º C., expressed in milligrams per liter.
- BUILDING DRAIN
- That part of the lowest horizontal piping of a drainage system which receives the discharge from soil waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning eight feet outside the inner face of the building wall.
- BUILDING SEWER
- The extension from the building drain to the public sewer or other place of disposal.
- The Board of Commissioners of the Town of Leonardtown or its duly authorized deputy, agent or representative.
- DOMESTIC SEWER or SANITARY SEWER
- A sewer which carries domestic wastewater and to which storm- , surface and ground water are not intentionally admitted.
- DOMESTIC WASTEWATER
- The wastewater derived principally from dwellings, business buildings, institutions and the like, exclusive of industrial waste, together with any groundwater, surface water or stormwater that may be present.
- The Environmental Protection Agency of the United States Government.
- Amounts or concentrations of a constituent of a wastewater which, in the judgment of the town, will be harmful to a wastewater treatment process, which cannot be removed in the wastewater treatment works of the town to the degree required to meet the limiting classification standards of the receiving body of water, which can otherwise endanger life, limb or public property and/or which can constitute a nuisance.
- Include structures and conduits for the purpose of collecting, treating, neutralizing, stabilizing or disposing of domestic wastewater and/or industrial or other wastewaters as are disposed of by means of such structures and conduits, including treatment and disposal works, necessary intercepting, outfall and outlet sewers and pumping stations integral to such facilities, with sewers, equipment, furnishings thereof and other appurtenances connected therewith.
- The animal and vegetable wastes resulting from the handling, preparation, cooking and serving of food. It is composed largely of putrescible organic matter and its natural moisture content.
- INCOMPATIBLE POLLUTANT
- Any pollutant, other than biochemical oxygen demand, suspended solids, pH, coliform bacteria or additional pollutants identified in the permit, which the treatment works was not designed to treat and does not remove to a substantial degree.
- INDUSTRIAL WASTEWATER
- The wastewater in which the liquid wastes from industrial manufacturing processes, laboratory, trade, or business predominate, as distinct from domestic wastewater.
- An establishment with facilities for mechanical, testing, trade or manufacturing purposes.
- The bottom inside of the sewer pipe.
- Any individual, firm, company, association, society, corporation, group, trust or governmental authority who discharges wastewater to the facilities of the town.
- The reciprocal of the logarithm of the hydrogen ion concentration, in grams per liter of solution.
- PROPERLY SHREDDED GARBAGE
- Garbage that has been shredded to such a degree that all particles shall be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch (1.27 centimeters) in any dimension.
- PUBLIC SEWER
- A sewer which is owned, maintained and directly controlled by public authority.
- RECEIVING WATERS
- Any watercourse, river, pond, ditch, lake aquifer or other body or surface or ground water receiving discharge of wastewaters.
- A pipe or conduit for carrying wastewater.
- Any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds, for any period of duration longer than 15 minutes, more than five times the average twenty-four-hour concentration or flow, during normal operation.
- The release, accidental or otherwise, of any material not normally released to the facilities, which by virtue of its volume, concentration or physical or chemical characteristics creates a hazard to the facilities, their operation or their personnel. Such characteristics shall include but are not limited to volatile, explosive, toxic or otherwise unacceptable materials.
- STATE PLUMBING CODE
- The existing State of Maryland Plumbing Code.
- STORM DRAIN or STORM SEWER
- A pipe or conduit for conveying rainwater, groundwater, subsurface water, condensate, cooling water or other similar discharge, but excludes wastewater and polluted industrial wastes.
- SUSPENDED SOLIDS
- Solids that either float on the surface of or are in suspension in water, wastewater or other liquids and which are removed by laboratory filtering and are referred to as nonfilterable residue in the laboratory test prescribed in Standard Methods for the Examination of Water and Wastewater.
- The Town of Leonardtown.
- Substances in liquid, solid or gaseous form that can be carried in water.
- The spent water of a community, and may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions, together with any groundwater, surface water and for stormwater that may be present.
- WASTEWATER TREATMENT PLANT
- Any arrangement of devices and structures used for treating wastewater.
- WASTEWATER WORKS
- All structures, equipment and processes for collecting, pumping, treating and disposing of wastewater.
Editor's Note: Pursuant to the 1989 Charter, the Commissioners of Leonardtown are now the Mayor and Council of the Town of Leonardtown.
"Shall" is mandatory; "may" is permissive.
Unsanitary disposal methods prohibited. It shall be unlawful for any person to place, deposit or permit to be deposited in an unsanitary manner upon public or private property within the Town of Leonardtown or in any area under the jurisdiction of said town any human or animal excrement, garbage or other objectionable waste.
Unlawful discharge prohibited.
It shall be unlawful to discharge to any natural outlet within the Town of Leonardtown or in any area the jurisdiction of said town any sanitary wastewater, industrial wastes or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this article. It is not intended by this section to prohibit the discharge of any sanitary wastewater into an existing sewer which discharges its sanitary wastewater into any natural outlet within the Town of Leonardtown if such discharge is allowed by the State of Maryland.
Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, vault, septic tank, cesspool or other facility intended or used for the disposal of wastewater.
Sewer use required. The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purpose for which toilet facilities may be required situated within the town and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the town is hereby required at his expense to install suitable toilet facilities therein and to connect such facilities directly with the proper public sewer in accordance with the provisions of this article within 120 days after the date of the official notice to do so.
Wastewater disposal required. Where a public sanitary sewer is not available under the provisions of § 150-3C, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of this section and the State Plumbing Code.
Permit required. Before commencement of construction of a private wastewater disposal system, the owner shall first obtain a written permit signed by the Commissioner. The application for such permit shall be made on a form furnished by the town which the applicant shall supplement by any plans, specifications and other information as are deemed necessary by the Commissioner.
Inspection required. A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Health Department and the Commissioner receives notification of its approval. It shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the Health Department when the work is ready for final inspection and before any underground portions are covered. The inspection shall be made within a reasonable period of time of the receipt of notice of the Health Department.
Compliance with state regulations required. The type, capacities, location and layout of a private wastewater disposal system shall comply with all recommendations of the Department of Health and Mental Hygiene, State of Maryland.
Connection to public sewer required. At such time as a public sanitary sewer becomes available to property served by a private wastewater disposal system, as provided in § 150-3C, a direct connection shall be made to the public sewer in compliance with this article, and any septic tanks, cesspools and similar private wastewater disposal facilities shall be abandoned and filled with suitable material.
Operation; maintenance required. The owner shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times at no expense to the town.
Health Office standards apply. No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the Health Officer of St. Mary's County.
Permit required. No person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Commissioner. After the applicant has complied with the requirements set forth herein, the permit shall be issued to the applicant by the Commissioner.
Application fee required. There shall be two classes of building sewer permits: one for residential and commercial service and one for service to establishments producing industrial wastes. In either case, the owner or his agent shall make application on a special form furnished by the town. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Commissioner. A permit and inspection fee established by the town shall be paid to the Town Treasurer at the time the application is filed. Each person will be responsible, at his own expense, to collect and discharge his wastewater from property into the facilities provided by the town, all in an acceptable manner and with prior approval of the town.
Owner responsibility stated. All costs and expense incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the town for any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. All persons connecting to the public sewer agree to abide by all rules and regulations set forth in this article. The town retains the right to levy a sewer use charge to provide the revenue for operation and administration of the facilities.
Assessments. The town retains the right to make assessments for all sewers and storm drains constructed or reconstructed by the town, the expenses of which have not already been assessed and collected, and for all sewers and storm drains which may be constructed.
Separate building sewers required. A separate and independent building sewer shall be provided for every building in which plumbing fixtures are installed.
Connection test required. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Commissioner, to meet all requirements of this article.
Pipe size and slope specified. The size and slope of the building sewer shall be subject to the approval of the Commissioner, but in no event shall the diameter be less than four inches. The slope of a four-inch pipe shall not be less than 1/4 inch per foot. The slope of a six-inch pipe shall not be less than 1/8 inch per foot.
Building sewer placement specified. Whenever possible, the sanitary sewer shall be brought to the building at an elevation below the basement floor. No building sanitary sewer shall be laid parallel to or within three feet of any bearing wall except for purposes of crossing a bearing wall. The depth shall be sufficient to afford protection from frost. The sanitary sewer shall be laid at uniform grade and in straight alignment insofar as possible.
Drain elevation requirements specified. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such drain shall be lifted by approved artificial means and discharged to the same building sewer. All building sewers serving basement areas shall be provided with backflow prevention valves in accordance with the Plumbing Regulations of the State Board of Commissioners of Practical Plumbing.
Construction technique specified. All excavations required for the installation of a building sewer shall be open trench work, unless otherwise approved by the Commissioner. Pipe laying and backfill shall be performed in accordance with specifications set by the Commissioner.
Construction materials specified. The building sewer shall be cast iron soil pipe, vitrified clay sewer pipe or other suitable material approved by the Commissioner. The quality and weight of materials should conform to the specifications of the State Plumbing Code. All joints shall be tight and waterproof. Any part of the building sewer that is located within 10 feet of a water service pipe shall be constructed of cast iron soil pipe with leaded joints or other approved materials. Cast iron pipe with leaded joints or other approved materials may be required by the Commissioner where the building sewer is exposed to damage by tree roots. If installed in fill or unstable ground, protection of the pipe shall be provided in a manner approved by the Commissioner.
Construction methods specified.
All joints and connections shall be made gastight and watertight. Cast iron pipe joints shall be firmly packed with oakum or hemp and filled with molten lead, Federal Specification (QQ-C-40), not less than one inch deep. Lead shall be run in one pouring and caulked tight. No paint, varnish or other coatings shall be permitted on the jointing material until after the joint has been tested and approved.
Other jointing materials and methods may be used only by approval of the Commissioner.
Connection method specified. The connection of the building sewer into the public sewer shall be made at a Y- or T-branch, if such branch is available at a suitable location. Where no properly located Y- or T-branch is available, a neat hole may be cut into the upper quadrant of the public sewer to receive the building sewer. A properly sized Y- or T-saddle is to be inserted in the hole so as not to extend past the inner surface of the public sewer. The invert of the building sewer at the point of connection shall be at the same or at a higher elevation than the invert of the public sewer. A smooth, neat joint shall be made and the connection made secure and watertight by encasement in concrete. Special fittings may be used for the connection only when approved by the Commissioner. Connections shall be installed at the owner's expense and at the location specified by the Commissioner.
Inspection notice required.
The applicant for the building sewer permit shall notify the Commissioner when the building sewer is ready for inspection and connection to the public sewer.
No public sewer shall be disturbed or broken into or connection made except under the supervision of the Commissioner.
The Commissioner shall be available to supervise and inspect the connection within a reasonable period of time of notification of readiness.
Excavation protection required. All excavations for the building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the town.
Community sewage disposal system. Any wastewater disposal system not connected to a public or town-owned wastewater disposal system serving more than one independent connection shall be considered a community wastewater disposal system and shall be constructed of such materials and in such manner as may be prescribed by the Commissioner. If such a system is intended to become or to be connected to a public or town sewer system, it shall be constructed according to the requirements of and under the supervision of the Commissioner.
Disposal of unpolluted waters prohibited. No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, cooling water or unpolluted industrial process waters to any sanitary sewer.
Subsoil drainage control. Where subsoil drains are placed under the cellar floor or used to encircle the outer walls of a building, they shall be made of open-jointed drain tile or earthenware pipe, not less than four inches in diameter, and shall be properly trapped and protected against back pressure by an automatic back-pressure valve accessibly located before entering the drain. These drains may be discharged only to a storm drain and only with written approval of the Commissioner.
Discharge method specified. Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers or to a natural outlet approved, in writing, by the Commissioner. Industrial cooling water or unpolluted process waters may be discharged, upon written approval of the Commissioner, to a storm sewer or natural outlet.
Excessive discharges prohibited.
No person shall discharge or cause to allow to be discharged into any sewer under the control of the town substances, materials, waters or wastes if, in the opinion of the Commissioner, such substances, materials, waters, or wastes are in excessive amounts or concentrations.
Persons who desire to discharge industrial wastewaters into facilities of the town shall make their formal application to the town. In forming an opinion as to the limitations on acceptability of any wastes, the town will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the wastewater treatment process, capacity of the wastewater treatment plant, degree of treatability of wastes in the wastewater treatment plant, the wastewater treatment plant's discharge permit and other pertinent factors.
Any person discharging industrial wastewaters directly or indirectly into facilities of the town that do not comply with this article may be subject to action by the town, which action shall include but not be limited to the withdrawal of permission to discharge wastewaters into facilities of the town.
Any damages experienced by the town as the result of a spill are considered a violation of this article, and costs for repair, replacement or other associated costs are recoverable under § 150-11D of this article.
Wastewaters and wastes considered to contain excessive constituents or characteristics as determined by the town and which therefore shall be prohibited, except as indicated in Subsection H below, include:
Any wastewater containing toxic or poisonous liquids, gases or solids in excessive quantity, either singly or by interaction with other wastes. Said toxic pollutants are defined in standards issued from time to time under Section 307a of the Act.
Any incompatible pollutant contributed by an industry in an amount or concentration in excess of that allowed under standards or guidelines issued from time to time pursuant to Section 304, 306 and/or 307 of the Act.
Any wastewater, liquid or vapor having a temperature higher than 150º F.
Any wastewaters containing caustic alkalinity, calculated as CaCO3 (calcium carbonate) in excess of 75 parts per million by weight or in volumes which may be excessive.
Any wastewaters having a pH lower than 5.5 or higher than 9.5 or having any other corrosive property capable of causing damage or hazard to sewers, structures, equipment, process or personnel at the wastewater works.
Any wastewaters containing fats, wax, grease or oils, whether emulsified or not, in excess of 100 milligrams per liter or containing substances which may solidify or become viscous at temperatures between 32º and 150º F.
Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas.
Any solid or viscous substances in such quantities or of such size to be capable of causing obstruction to the flow in sewers or other interference with the proper operation of the wastewater works, such as but not limited to ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair, fleshing, entrails, paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
Any wastewaters containing excessive amounts of iron, chromium, copper, zinc, mercury, mineral acid and similar objectionable or toxic substances.
Any wastewaters containing phenols or other taste or odor-producing substances in excessive amounts.
Any radioactive wastes or isotopes in excessive amounts or such half-life or concentration as may exceed limits established in applicable state or federal regulations or by the town.
Any obnoxious or malodorous gas or substance capable of creating a public nuisance.
Any wastewaters containing:
An average concentration of suspended solids in excess of 300 milligrams per liter (mg/l) or excessive dissolved solids (such as but not limited to sodium chloride and sodium sulfate), unless previously approved by the Commissioner.
Materials which cause excessive discoloration (such as but not limited to dye wastes and vegetable tanning solutions).
An average concentration of BOD in excess of 300 milligrams per liter (mg/l) or material which causes unusual chemical oxygen demand or chlorine requirements, unless previously approved by the Commissioner.
Materials in such concentration as to constitute slugs, as defined herein.
Materials which are not amenable to treatment or reduction by the wastewater treatment processes, employed or are amenable to treatment only to such a limited degree that the wastewater treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
Septic tank solids that are not diluted sufficiently to assure that all particles will be carried freely under all flow conditions in facilities of the town.
Grease, oil and sand interceptors shall be provided when, in the opinion of the Commissioner, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand and other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Commissioner and shall be located as to be readily and easily accessible for cleaning and inspection.
Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight and equipped with easily removable covers which, when bolted in place, shall be gastight and watertight.
Interceptor maintenance required. Where installed, all grease, oil and sand interceptors shall be maintained by the owner, at his expense, in continuously efficient operation at all times.
Notification of discharge change required. The Commissioner must be notified 45 days in advance by any person or persons involved in:
Proposed substantial change in volume or character of pollutants over that being discharged into the treatment works at the time of issuance of this permit;
Proposed new discharge into the treatment works of pollutants from any source which would be a new source as defined in Section 306 of the Act if such source were discharging pollutants; or
Proposed new discharge into the treatment works of pollutants from any source which would be subject to Section 301 of the Act if it were discharging such pollutants.
Control of discharge required.
If any wastewaters or wastes are discharged or are proposed to be discharged to the public sewers containing excessive substances or possessing excessive characteristics, the town may:
Reject the wastewaters or the wastes;
Require that pretreatment of wastewaters or wastes be provided to modify them to an acceptable condition for discharge to the public sewers;
Require control over the quantities and rates of discharge of the wastewaters of the wastes; and/or
Require payment to cover the added costs of handling and treating the wastes.
If the Commissioner permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Commissioner and subject to the requirements of all applicable codes, ordinances, laws and the municipal discharge permit. Further, such pretreatment installations must be consistent with the requirements of any state pretreatment permit issued to the industry.
Preliminary treatment facility maintenance required. Where preliminary treatment facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.
Monitoring and control manhole required. All industries discharging into a public sewer shall perform such monitoring of their discharges as the Commissioner and/or other duly authorized representative of the town may reasonably require, including installation, use and maintenance of monitoring equipment, keeping records and reporting the results of such monitoring to the Commissioner. Such records shall be made available upon request by the Commissioner to other agencies having jurisdiction over discharges to the receiving waters. When required by the Commissioner, the owner of any property served by a building sewer carrying industrial wastes shall install a suitable control manhole in the building sewer to facilitate observation, sampling and measurement and monitoring of wastes. Such manhole, when required, shall be accessible and safely located and shall be constructed in accordance with plans approved by the Commissioner. The manhole shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times.
Standard analyses methods required. All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in Subsections D and G shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater and shall be determined at the control manhole provided for in Subsection J or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected.
Applicant agreement required. All applications to discharge any industrial wastewater, drainage, substances or wastes directly into any sewer under the control of the town or tributary thereto shall be accompanied by an agreement stating that the applicant agrees to abide by all ordinances and rules and regulations of the town, that the applicant will provide such works for the preliminary treatment of the wastewater, drainage, substances or wastes as may be required by the town and that the applicant will permit duly authorized representatives of the town to enter the premises of the industry to sample and measure wastewaters, as needed to check characteristics of the wastewaters, when so directed by the town. Applications are to be accompanied by a plan showing essential characteristics of all wastewater outlets, analyses of existing wastewater and statements as to existing and expected average and maximum wastewater flows and must be submitted to and approved by the town prior to initiating discharge into facilities of the town. Required wastewater analyses are listed in § 150-7.
Annual report required. Each industrial user may be required to submit an annual report on the first of July each year or such other time as designated by the town to the town containing information as to the minimum, average and peak flows of industrial wastewater discharges during the previous year and at time or times designated by the town, accompanied by designated analyses of wastewater samplings taken in an acceptable manner at approved times during the flow-measuring periods.
Special agreements allowed. No statement contained in this section shall be construed as preventing any special agreement or agreement between the town and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the town for treatment, subject to payment therefor by the industrial concern, provided that such agreements do not contravene any requirements of existing federal laws and are compatible with any user charge and industrial cost recovery system in effect.
Measurement and analyses of industrial wastes are to include the following list where applicable. The analyses are to be conducted in accordance with the methods prescribed in the latest edition of Standard Methods for the Examination of Water and Wastewater. If any item is not applicable, it shall be so stated on the report of the measurements and the reason for deletion stated.
Chemical and biological parameters:
Total volatile solids.
Total suspended solids.
Total dissolved solids.
Oil and grease.
NH3 (as N).
NO3 (as N).
NO2 (as N).
Kjeldahl Organic Nitrogen (as N).
Ortho-phosphorus (as P).
Total phosphorous (as P).
Cr, Cu, Fe, Cd, Pb, Mn, Zn, F, As and Hg.
No 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 municipal wastewater works.
The the best of their ability, recognizing the limitations imposed by the existing records, the Commissioner shall make and/or maintain accurate plans for all sanitary sewers, showing their location, depth and the materials of which they are made and their size, shape, thickness, invert elevations, slope and manner of construction, also, all existing connections with said sewers and all future connections as they are made.
Authorized inspection required. The Commissioner and his/her authorized agents for the town bearing proper credentials and identification, shall be permitted to enter upon all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this article. The Commissioner or his/her representative shall have no authority to inquire into any processes, including metallurgical, chemical, oil, refining, ceramic, paper or other industries, beyond that point having a direct bearing on the kind and source of discharge to the sewers or wasteways or facilities for treatment.
Safe conduct required. While performing the necessary work on private properties referred to in Subsection A above, the Commissioner and/or duly authorized employees of the town shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the town employees. The town shall indemnify the employees for liability claims and demands for personnel injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in § 150-63.
Easement access required. The Commissioner and/or other duly authorized employees of the town bearing proper credentials and identification shall be permitted to enter all private properties through which the town holds a duly negotiated easement for the purposes of but not limited to inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying with said easement. All entry and subsequent work, if any, on said easement shall be done in full accordance with the terms of the duly negotiated easement to the private property involved.
Federal penalties stated. Any person who knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained under the federal Public Law 92-500, Section 309c2, as amended, and this article or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required to be maintained under that law may, upon trial instigated by federal authorities and conviction, be punished by a fine of not more than $10,000 or by imprisonment for not more than six months, or both.
Written notice of violation required. Any person found to be violating any provision of this article, except § 150-8, shall be served by the town 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.
Penalty stated. Any person who shall continue any violation beyond the time limit provided for in Subsection B above shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not exceeding $1,000 or be subject to a term of imprisonment not exceeding six months, or both, for each violation. Each day in which such violation shall continue shall be deemed a separate offense.
[Amended 3-14-1994 by Ord. No. 78]
Liability for damage stated. Any person violating any of the provisions of this article shall become liable to the town for any expense, loss or damage occasioned by the town by reason of such violation. The expense, loss or damage shall be taken to be to the extent determined by a competent registered professional engineer particularly skilled in the operation and maintenance of wastewater collection and treatment works.
Nothing in this article shall contravene the authority of the Leonardtown Commissioners to make any exceptions to any provision of this article, except insofar as it is prohibited from so doing by state or federal law.
The St. Mary's County, Maryland, Standard Specifications for Water and Sewerage Construction is hereby adopted within the corporate limits of Leonardtown, Maryland.