Town Hall, Public Works Department, & Police Department: 108 S. D Street, Bridger, MT 59014
Town Hall, Public Works Department, & Police Department: 108 S. D Street, Bridger, MT 59014
Chapter 13.04 - WATERWORKS
Chapter 13.08 - SEWERS
A. No New or Expanded Water Service Outside the Town Limits. Upon the effective date of the ordinance codified in this section, the town shall provide no new connections for water service to property outside the town limits, and any expanded use of the town water supply by out-of-town water users shall be prohibited.
B. Existing Hookups to Users Outside Town Limits. Hookups to the town water supply which exist at the effective date of the ordinance codified in this section and which supply water to users outside the town limits shall be allowed to continue.
(Ord. 2000-29 § 3; prior code § 4-5-01)
A. Each connection to the town water mains shall be achieved by use of a curbstop. The entire cost of construction, laying, repairing, or maintaining of any water pipes connecting a particular curbstop to a property shall be paid by the respective property owner.
B. Curbstops shall be owned by the town and the entire cost of construction, laying, repairing, or maintaining of the curbstop and the pipe leading from the curbstops to the water mains shall be the responsibility of the town.
C. Costs of installation of curbstops or repair of curbstops shall be the responsibility of the town, unless the needed replacement or repair of a curbstop is the result of damage or disruption of supply caused by a property owner or his/her agent. If a curbstop is in need of replacement or repair due to conduct attributable to a property owner, then such property owner shall be responsible for all costs associated with the replacement or repair.
(Ord. 2006-09 § 3: Ord. 2000-29 § 1 (part); prior code § 4-5-02)
Each single-family residential structure in the Town of Bridger shall require a separate and independent curbstop through which said single-family structure obtains its water. Construction costs for the curbstops required under this part shall be governed by Section 13.04.020 of the Bridger Municipal Code.
(Ord. No. 17, § 3, 8-4-2009)
The owner or owners of property requiring a connection to the water mains of the town shall pay a water main connection fee as set forth in the table of fees.
(Ord. 29 § 1 (part), 2000; prior code § 4-5-03)
Every user of the town water system shall pay for the use of water according to the water rates and charges schedule set forth in the table of fees.
(Ord. 29 § 1 (part), 2000; prior code § 4-5-04)
Any water user may have a meter installed if he or she so requests. All water users outside the limits of the town shall have metered water lines. All nonresidential users shall have metered water lines, except that the water commissioner may exempt a nonresidential user from the requirement of a meter if the volume of water used does not warrant the installation of a meter. The water commissioner may require the installation of a meter on any water line if it appears that an excess of water is being used under the flat rate.
(Ord. 29 § 1 (part), 2000; prior code § 4-5-05)
Installation of all water meters shall be at the user's expense. Meters in excess of three-quarters of an inch intake size shall be furnished by the users. Smaller meters shall be furnished by the town.
(Ord. 29 § 1 (part), 2000; prior code § 4-5-06)
If a metered user does not own the real property on which the meter is located, he or she shall place on deposit with the water department, for each meter, the sum of money designated in the table of fees as the meter deposit. This deposit money shall be kept in a fund separate from all other funds of the town. If such a user terminates his or her use of the water, the deposit, less any charges outstanding for water service, shall be refunded to the user.
(Ord. 29 § 1 (part), 2000; prior code § 4-5-07)
After a meter has been installed on the water line of a residential user, the owner shall not remove the meter or be returned to a flat rate charge without the permission of the town council.
(Ord. 29 § 1 (part), 2000; prior code § 4-5-08)
Landlords shall be responsible for the water charges assessed against property owned by them. However, when no tenant is in possession, landlords may request that the water commissioner terminate water service to that property.
(Ord. 29 § 1 (part), 2000; prior code § 4-5-09)
The town council shall make such rules as it deems necessary for controlling the seasonal use of water. Users violating such rules shall be given notice by the public works department. Violations of this chapter are punishable by fines established from time to time by ordinance.
(Ord. 29 § 1 (part), 2000; prior code § 4-5-10)
If the user has not paid the charges assessed against him or her within thirty (30) days from the due date, his or her water service may be terminated by the water commissioner. The water service shall not be restored until the user's account is paid in full, or suitable arrangements for payment thereof have been made. The town shall have an action at law for collection of delinquent charges, and may also recover reasonable collection costs and attorney's fees.
(Ord. 29 § 1 (part), 2000; prior code § 4-5-11)
Whenever water service is terminated to a user by request, or by order of the water commissioner, the charge for restoration of service set forth in the table of fees shall be paid by the user before service is restored.
(Ord. 29 § 1 (part), 2000; prior code § 4-5-12)
No person shall fill a tank which has been previously used for the hauling of pesticides, fertilizers, or other chemicals from the town's bulk water filling station.
(Ord. 29 § 1 (part), 2000; prior code § 4-5-13)
No person, corporation, business or any other entity shall be allowed to construct, drill, or in any other manner obtain a private water well or use a private water well, except as follows:
A. If a private well exists and was in use in the six months preceding December 5, 2006, the person or entity in control of said well may continue its use, but if such well remains unused for a period of one year, this exception shall expire; and
B. If a well is designed as an energy saving resource such as a standing column well, turbulent well, Energy Wells TM, or any well designed for a same or like purpose
A person found to have violated this section shall be fined two hundred fifty dollars ($250.00), shall immediately cease use of the well, and shall be responsible for all restitution costs incurred in the course of plugging the well.
(Ord. No. 16, 12-2-2008)
Article I. - General Provisions
Article II. - Procedure for Determining Equitable Charges
Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows:
"Biochemical Oxygen Demand (BOD)" means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at twenty (20) degrees Centigrade, expressed in milligrams per liter.
"Building drain" means 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 five feet (1.5 meters) outside the inner face of the building wall.
"Building sewer" means the extension from the building drain to the public sewer or other place of disposal, also called house connection.
"Combined sewer" means a sewer intended to receive both wastewater and storm or surface water.
"Easement" means an acquired legal right for the specific use of land owned by others.
"Floatable oil" is oil, fat, or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. A wastewater shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system.
"Garbage" means the animal and vegetable waste resulting from the handling, preparation, cooking, and serving of foods.
"Industrial wastes" means the wastewater from industrial processes, trade, or business as distinct from domestic or sanitary wastes.
"Natural outlet" means any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake, or other body of surface or groundwater.
"May" is permissive (See "Shall.").
"Person" means any individual, firm, company, association, society, corporation, or group.
"pH" means the logarithm of the reciprocal of the hydrogen ion concentration. The concentration is the weight of hydrogen ions, in grams, per liter of solution. Neutral water, for example, has a pH value of 7 and a hydrogen-ion concentration of 10-7.
"Properly shredded garbage" means 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 ½ inch (1.27 centimeters) in any dimension.
"Public sewer" means a common sewer controlled by a governmental agency or public utility.
"Sanitary sewer" means a sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions together with minor quantities of ground, storm, and surface waters that are not admitted intentionally.
"Sewage" is the spent water of a community. The preferred term is "wastewater."
"Sewer" means a pipe or conduit that carries wastewater or drainage water.
"Shall" is mandatory (see "may").
"Slug" means 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 fifteen (15) minutes more than five times the average twenty-four (24) hour concentration or flows during normal operation and shall adversely affect the collection system and/or performance of the wastewater treatment works.
"Storm drain" (sometimes termed "storm sewer") means a drain or sewer for conveying water, groundwater, subsurface water, or unpolluted water from any source.
"Superintendent" means the (superintendent of wastewater facilities, and/or of wastewater treatment works, and/or of water pollution control) of the town, or his authorized deputy, agent, or representative.
"Suspended solids" means total suspended matter that either floats on the surface of, or is in suspension in water, wastewater, or other liquids, and that is removable by laboratory filtering as prescribed in "Standard Methods for the Examination of Water and Wastewater" and referred to as nonfilterable residue.
"Unpolluted water" means water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided.
"Wastewater" means the spent water of a community. From the standpoint of source, it 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 stormwater that may be present.
"Wastewater facilities" means the structures, equipment, and processes required to collect, carry away, and treat domestic and industrial wastes and dispose of the effluent.
"Wastewater treatment works" means an arrangement of device and structures for treating wastewater, industrial wastes, and sludge. Sometimes used as synonymous with "waste treatment plant" or "wastewater treatment plant" or "water pollution control plant."
"Watercourse" means a natural or artificial channel for the passage of water either continuously or intermittently.
(Ord. 4 Art. I, 1991)
The entire cost of constructing, laying, repairing or maintaining any sewer or drain within the town shall be assessed and taxed by the town council.
(Ord. 38 § 1 (part), 2001: prior code § 4-4-16)
The owner or owners of every building connected to the town sewer shall pay such service charges and fees as are set forth in the table of fees established from time to time by ordinance for the use of the town sewer. The fees shall be payable to the town public works department. In the event that an owner of a building fails or refuses to pay charges after notice on nonpayment, the public works department shall be authorized to discontinue the water supply of that building until such charges are paid. The public works department may also exact an additional charge for turning off and turning back on the said water supply.
(Ord. 38 § 1 (part), 2001: prior code § 4-4-17)
All moneys collected as service charges for use of the town sewer shall be kept and maintained by the town clerk in a separate fund to be designated as the "sewer maintenance fund." Such moneys shall be used for maintaining the town sewer system and disposal plant.
(Ord. 38 § 1 (part), 2001: prior code § 4-4-18)
For purposes of determining charges for sewer service, the following definitions shall apply:
"Multi-unit building" means any school, motel, hotel, apartment house, rooming house, hospital or any enterprise of a similar nature with four or more rooms for occupancy by guests or tenants.
"One-unit building" means any single-family residence.
"Single-unit building" means any facility, church, store or merchandising establishment, office building or any other type of structure not otherwise provided for in this section.
(Ord. 38 § 1 (part), 2001: prior code § 4-4-19)
A. It is unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the town, or in any area under the jurisdiction of the town, any human or animal excrement, garbage, or other objectionable waste.
B. It is unlawful to discharge to any natural outlet within the town, or in any area under the jurisdiction of the town, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this article.
C. Except as hereinafter provided, it is unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of wastewater.
D. The owner(s) of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, 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 or combined sewer of the town, is required at the owner(s) 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 sixty (60) days after date of official notice to do so, provided that said public sewer is within one hundred (100) feet of the property line.
(Ord. 4 Art. II, 1991)
A. Where a public sanitary or combined sewer is not available under the provisions of Section 13.08.060(D), the building sewer shall be connected to a private wastewater disposal system complying with the provisions of this section.
B. Before commencement of construction of a private wastewater disposal system the owner(s) shall first obtain a written permit signed by the mayor. 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 mayor. A permit and inspection fee of twenty-five dollars ($25.00) shall be paid to the town at the time the application is filed.
C. A permit for a private wastewater disposal system shall not become effective until the installation is completed to the satisfaction of the superintendent. The superintendent shall be allowed to inspect the work at any stage of construction, and, in any event, the applicant for the permit shall notify the superintendent when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within forty-eight (48) hours of the receipt of notice by the mayor.
D. The type, capacities, location, and layout of a private wastewater disposal system shall comply with all recommendations of the department of public health of the state. No permit shall be issued for any private wastewater disposal system employing subsurface soil absorption facilities where the area of the lot is less than twenty thousand (20,000) square feet. No septic tank or cesspool shall be permitted to discharge to any natural outlet.
E. At such time as a public sewer becomes available to a property served by a private wastewater disposal system, as provided in subsection D of this section, a direct connection shall be made to the public sewer within sixty (60) days in compliance with this article, and any septic tanks, cesspools, and similar private wastewater disposal facilities shall be cleaned of sludge and filled with suitable material.
F. The owner(s) shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times, at no expense to the town.
G. No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the health officer.
(Ord. 4 Art. III, 1991)
A. No unauthorized person(s) 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 mayor.
B. There shall be two classes of building sewer permits: (1) for residential and commercial service, and (2) for service to establishments producing industrial wastes. In either case, the owner(s) or the owner(s) 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 mayor. A permit and inspection fee of two hundred fifty dollars ($250.00) for a residential or commercial building sewer permit and five hundred dollars ($500.00) for an industrial building sewer permit shall be paid to the town at the time the application is filed.
C. All costs and expense incidental to the installation and connection of the building sewer shall be borne by the owner(s). The owner(s) shall indemnify the town from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
D. A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer, but the town does not and will not assume any obligation or responsibility for damage caused by or resulting from any such single connection aforementioned.
E. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the superintendent, to meet all requirements of this article.
F. The size, slope, alignment, materials of construction of all sanitary sewers including building sewers, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the requirements of the building and plumbing codes or other applicable rules and regulations of the town and the state. In the absence of suitable provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the A.S.T.M. and W.P.C. Manual of Practice No. 9 shall apply.
G. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.
H. No person(s) shall make connection of roof downspouts, foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer unless such connection is approved by the mayor for purposes of disposal of polluted surface drainage.
I. The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the town, or the procedures set forth in appropriate specifications of the A.S.T.M. and the S.P.C.F. Manual of Practice No. 9. All such connections shall be made gastight and watertight and verified by proper testing. Any deviation from the prescribed procedures and materials must be approved by the mayor before installation.
J. The applicant for the building sewer permit shall notify the mayor when the building sewer is ready for inspection and connection to the public sewer. The connection and testing shall be made under the supervision of the mayor or the mayor's representative.
K. All excavations for 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.
(Ord. 4 Art. IV, 1991)
A. No person(s) shall discharge or cause to be discharged any unpolluted waters such as stormwater, surface water, groundwater, roof runoff, subsurface drainage, or cooling water to any sewer, except stormwater runoff from limited areas, which stormwater may be polluted at times, may be discharged to the sanitary sewer by permission of the mayor.
B. Stormwater other than that exempted under subsection A of this section and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the mayor and other regulatory agencies. Unpolluted industrial cooling water or process waters may be discharged, on approval of the mayor, to a storm sewer, combined sewer, or natural outlet.
C. No person(s) shall discharge or cause to be discharged any of the following described water or wastes to any public sewers:
1. Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas;
2. Any waters containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to contaminate the sludge of any municipal system, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in or have an adverse effect on the waters receiving any discharge from the treatment works;
3. Any waters or wastes having a pH lower than 5.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the wastewater works;
4. Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the wastewater facilities 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 and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
D. The following described substances, materials, waters, or waste shall be limited in discharges to municipal systems to concentrations or quantities which will not harm either the sewers, wastewater treatment process or equipment, will not have an adverse effect on the receiving stream, or will not otherwise endanger lives, limb, public property, or constitute a nuisance. The superintendent may set limitations lower than the limitation established in the regulations below if in his or her opinion such more severe limitations are necessary to meet the above objectives. In forming his or her opinion as to the acceptability, the mayor will give consideration to such factors as the quantity of subject waste in relation to flows and velocities in the sewers, materials of construction of the sewers, the wastewater treatment process employed, capacity of the wastewater treatment plant, degree of treatability of the waste in the wastewater treatment plant, and other pertinent factors. The limitation or restrictions on materials or characteristics of waste or wastewaters discharged to the sanitary sewer which shall not be violated without approval of the mayor are as follows:
1. Wastewater having a temperature higher than one hundred fifty (150) degrees Fahrenheit (sixty-five (65) degrees Celsius.);
2. Wastewater containing more than twenty-five (25) milligrams per liter of petroleum oil, nonbiodegradable cutting oils, or product of mineral oil origin;
3. Wastewater from industrial plants containing floatable oils, fat, or grease;
4. Any garbage that has not been properly shredded (see Section 13.08.010.) Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments, or similar places where garbage originates from the preparation of food in kitchens for the purpose of consumption on the premises or when served by caterers;
5. Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances to such degree that any such material received in the composite wastewater at the wastewater treatment works exceeds the limits established by the superintendent for such materials;
6. Any waters or wastes containing odor-producing substances exceeding limits which may be established by the mayor;
7. Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the superintendent in compliance with applicable state or federal regulations;
8. Quantities of flow, concentrations, or both which constitute a "slug" as defined herein;
9. Waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed, or are amenable to treatment only to such degree that the wastewater treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters;
10. Any water or wastes which, by interaction with other water or wastes in the public sewer system, release obnoxious gases, form suspended solids which interfere with the collection system, or create a condition deleterious to structures and treatment processes.
E. If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in subsection D of this section, and which in the judgement of the mayor, may have a deleterious effect up on the wastewater facilities, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the superintendent may:
1. Reject the wastes;
2. Require pretreatment to an acceptable condition for discharge to the public sewers;
3. Require control over the quantities and rates of discharge; and/or
4. Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of subsection J of this section.
When considering the above alternative, the mayor shall give consideration to the economic impact of each alternative on the discharger. If the superintendent 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 superintendent.
F. Grease, oil, and sand interceptors shall be provided when, in the opinion of the mayor, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts as specified in subsection (D)(3) of this section or any flammable wastes, sand, or 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 mayor, and shall be of a type and capacity approved by the accessible for cleaning and inspection. In the maintaining of these interceptors the owner(s) shall be responsible for the proper removal and disposal by appropriate means of the captivated material and shall maintain records of the dates, and means of disposal which are subject to review by the mayor. Any removal and hauling of the collected materials not performed by owner(s) personnel must be performed by currently licensed waste disposal firms.
G. Where pretreatment or flow-equalizing facilities are provided or required for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner(s) at the owner(s) expense.
H. When required by the mayor, the owner(s) of any property serviced by a building sewer carrying industrial wastes shall install a suitable structure together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such structures, when required, shall be accessible and safely located, and shall be constructed in accordance with plans approved by the mayor. The structure shall be installed by the owner at the owner's expense, and shall be maintained by him or her so to be safe and accessible at all times.
I. The mayor may require a user of sewer services to provide information needed to determine compliance with this article. These requirements may include:
1. Wastewaters discharge peak rate and volume over a specified time period;
2. Chemical analyses of wastewaters;
3. Information on raw materials, processes, and products affecting wastewater volume and quality;
4. Quantity and disposition of specific liquid, sludge, oil, solvent, or other materials important to sewer use control.
5. A plot plan of sewers of the user's property showing sewer and pretreatment facility location;
6. Details of wastewater pretreatment facilities;
7. Details of systems to prevent and control the losses of materials through spills to the municipal sewer.
J. All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this article shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association. Sampling methods, location, times, durations, and frequencies are to be determined on an individual basis subject to approval by the mayor.
K. No statement contained in this section shall be construed as preventing any special agreement or arrangement between the town and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the town for treatment.
(Ord. 4 Art. V, 1991)
No person(s) shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance or equipment which is a part of the wastewater facilities. Any person(s) violating this provision shall be subject to immediate arrest under charge of disorderly conduct.
(Ord. 4 Art. VI, 1991)
A. The mayor and other duly authorized employees of the town bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing pertinent to discharge to the community system in accordance with the provisions of this article.
B. The mayor or other duly authorized employees are authorized to obtain information concerning industrial processes which have a direct bearing on the kind and source of discharge to the wastewater collection system. The industry may withhold information considered confidential. The industry must establish that the revelation to the public of the information in question might result in an advantage to competitors.
C. While performing the necessary work on private properties referred to in subsection A of this section, the mayor 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, and the town shall indemnify the company against loss or damage to its property by town employees and against liability claims and demands for personal injury or property damage asserted against the company 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 Section 13.08.090(H).
D. The mayor and 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 wastewater 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 negotiated easement pertaining to the private property involved.
(Ord. 4 Art. VII, 1991)
A. Any person found to be violating any provision of this article except Section 13.08.110 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.
B. Any person who shall continue any violation beyond the time limit provided for in subsection A of this section shall be guilty of a misdemeanor, and on conviction thereof, shall be fined in the amount not exceeding five hundred dollars ($500.00) for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.
C. Any person violating any of the provisions of this article shall become liable to the town for any expense, loss, or damage occasioned the town by reason of such violation.
(Ord. 4 Art. VIII, 1991)
The purpose of this article is to generate sufficient revenue to pay all costs for the operation and maintenance of the complete wastewater system. The costs shall be distributed to all users of the wastewater system in proportion to each user's contribution to the total loading of the treatment works. Factors such as strength (BOD and TSS), volume, and delivery flow rate characteristics shall be considered and included as the basis for the user's contribution to ensure a proportional distribution of operation and maintenance costs to each user (or user class).
(Ord. 5 § 1, 1991)
The town, or its engineer, shall determine the total annual costs of operation and maintenance of the wastewater system which are necessary to maintain the capacity and performance, during the service life of the treatment works, for which such works were designed and constructed. The total annual cost of operation and maintenance shall include but need not be limited to, labor, repairs, equipment replacement, maintenance, necessary modifications, power, sampling, laboratory tests, and a reasonable contingency fund.
(Ord. 5 § 2, 1991)
A. The town, or its engineer, shall determine each user's average daily volume of wastewater, which has been discharged to the wastewater system, which shall then be divided by the average daily volume of all wastewater discharged to the wastewater system, to determine each user's volume contribution percentage. The amount used as the total average daily volume of wastewater shall exclude infiltration and inflow. The town, or its engineer, shall determine each user's average daily poundage of five-day twenty (20) degree Centigrade biochemical oxygen demand (BOD) which has been discharged to the wastewater system which shall then be divided by the average daily poundage of all five-day BOD discharged to the wastewater system to determine each user's BOD contribution percentage.
B. The town, or its engineer, shall determine each user's average suspended solids (SS) poundage which has been discharged to the wastewater system which shall then be divided by the average daily poundage of all suspended solids discharged to the wastewater system, to determine the user's suspended solids contribution percentage. Each user's volume contribution percentage, BOD contribution percentage and suspended solids contribution percentage shall be multiplied by the annual operation and maintenance costs for wastewater treatment of the total volume flow, of the total five-day twenty (20) degree centigrade BOD and of the total suspended solids, respectively.
(Ord. 5 § 3, 1991)
The town, or its engineer, will determine the average suspended solids (SS) and biochemical oxygen demand (BOD) daily loadings for the average residential user. The town, or its engineer, will assess a surcharge rate for all nonresidential users discharging wastes with BOD and SS strengths greater than the average residential user. Such users will be assessed a surcharge sufficient to cover the costs of treating such users' above normal strength wastes. Normal strength wastes are considered to be two hundred (200) p.p.m. BOD and two hundred fifty (250) p.p.m. SS. The surcharge rate structure for such above normal strength waste dischargers is attached to the ordinance codified in this article.
(Ord. 5 § 4, 1991)
Each nonresidential user's wastewater treatment cost contributions as determined in Sections 13.08.150 and 13.08.160 shall be added together to determine such users' annual wastewater service charge. Residential users may be considered to be one class of user and an equitable service charge may be determined for each user based upon an estimate of the total wastewater contribution of this class of user. The governing body may classify industrial, commercial, and other nonresidential establishments as a residential user, provided that the wastes from these establishments are equivalent to the wastes from the average residential user with respect to volume, suspended solids, and BOD. Each user's wastewater treatment cost contribution will be assessed in accordance with the rate schedule attached to the ordinance codified in this article.
(Ord. 5 § 5, 1991)
A reserve fund called the wastewater facilities replacement fund is established within the wastewater utility fund for the purpose of providing sufficient funds to be expended for obtaining and installing equipment, accessories and appurtenances during the useful life (twenty (20) years) of the wastewater treatment facilities necessary to maintain the capacity and performance for which such facilities are designed and constructed.
(Ord. 5 § 6, 1991)
The town shall submit an annual statement to the user for the user's annual wastewater service charge or one-twelfth of the user's annual wastewater service charge may be included with the monthly water and/or wastewater utility billing. The town shall add a penalty of 0.5 percent per month if the payment is not received by the town within fifteen (15) days. Should any user fail to pay the user wastewater service charge and penalty within three months of the due date, the town may stop the wastewater service to the property.
(Ord. 5 § 7, 1991)
The town shall review the total annual cost of operation and maintenance as well as each user's wastewater contribution percentage not less often than annually and will revise the system as necessary to assure equity of the service charge system established herein arid to assure that sufficient funds are obtained to adequately operate and maintain the wastewater treatment works. If a significant user, such as an industry, has completed in-plant modifications which would change that user's wastewater contribution percentage, the user can present at a regularly scheduled meeting of the governing body, such factual information and the town shall then determine if the user's wastewater contribution percentage is to be changed. The town shall notify the user of its findings as soon as possible.
(Ord. 5 § 8, 1991)
Each user will be notified, at least annually, in conjunction with a regular bill, of the rate and that portion of the user charges which are attributable to wastewater treatment services.
(Ord. 5 § 9, 1991)
The discharge of any waters containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly, or by interaction with other wastes, to contaminate the sludge of any municipal systems, or to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in or have an adverse effect on the waters receiving any discharge from the treatment works is prohibited.
(Ord. 5 § 10, 1991)
No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.
(Ord. 5 § 11, 1991)
The size, slope, alignment, materials of construction of all sanitary sewers and sewer connections, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trenches, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the town and the state. In the absence of code provision or in amplification thereof, the materials and procedures set forth in appropriate specifications of the A.S.T.M. and W.P.C.F. Manual of Practice No. 9 shall apply.
(Ord. 5 § 12, 1991)