Sec. 26-91. - Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

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 20 degrees Celsius, 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, water, 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.

Combined sewer means a sewer receiving both surface runoff and sewage.

Garbage means solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.

Hearing board means that board appointed according to the provisions of division 5 of this article.

Industrial wastes means the liquid wastes from industrial manufacturing processes, trade or business, as distinct from sanitary sewage.

Natural outlet means any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.

pH means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

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 one-half inch (1.27 centimeters) in any dimension.

Public sewer means a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.

Sanitary sewer means a sewer which carries sewage and to which storm, surface and ground waters are not intentionally admitted.

Sewage means a combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, and storm waters as may be present.

Sewage treatment plant means any arrangement of devices and structures for treating sewage.

Sewage works means all facilities for collecting, pumping, treating, and disposing of sewage.

Sewer means a pipe or conduit for carrying sewage.

Slug means any discharge of water, sewage or industrial waste 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 24-hour concentration or flows during normal operation.

Storm drain (sometimes termed "storm sewer") means a sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.

Suspended solids means solids that either float on the surface of, or are in suspension in, water, sewage or other liquids, and which are removable by laboratory filtering.

Town administrator means the administrator of sewage works and/or of water pollution control of the town, or his authorized deputy, agent or representative.

Watercourse means a channel in which a flow of water occurs, either continuously or intermittently.

(Ord. of 3-13-86, art. I, §§ 1—23)

Cross reference— Definitions and rules of construction generally, § 1-2.

Sec. 26-92. - Prohibited deposits.

It shall be unlawful for any person to place, deposit, or permit to be deposited in any insanitary manner on public or private property within the town or any area under the jurisdiction of the town, any human or animal excrement, garbage, or other objectionable waste.

(Ord. of 3-13-86, art. II, § 1)

Sec. 26-93. - Prohibited discharges.

It shall be unlawful to discharge into 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. The discharge of sanitary sewer into the storm sewer system is prohibited without exception.

(Ord. of 3-13-86, art. II, § 2)

Sec. 26-94. - Construction or maintenance of privies, septic tanks, etc.

Except as provided in this article, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage, except the pumping out of septic tanks.

(Ord. of 3-13-86, art. II, § 3)

Sec. 26-95. - Damaging, tampering with, etc., sewage works.

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 sewage works. Any person violating this section shall be subject to immediate arrest under charge of disorderly conduct.

(Ord. of 3-13-86, art. VI, § 1)

Sec. 26-96. - Authority to enter property for inspection, testing, etc.


The town administrator 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 in accordance with the provisions of this article. The town administrator or his 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 waterways or facilities for waste treatment.


While performing the necessary work on private properties referred to in this section, the town administrator 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 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 section 26-159


The town administrator 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 sewage works lying within such easement. All entry and subsequent work, if any, on such easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.

(Ord. of 3-13-86, art. VI, §§ 1—3)

Sec. 26-97. - Violations of article; penalties.


Any person found to be violating any provision of this article except section 26-95 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.


Any person who shall continue any violation beyond the time limit provided for in subsection (a) shall be guilty of a misdemeanor, and on conviction thereof, shall be fined in the amount not exceeding $5,000.00 for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.


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.

(Ord. of 3-13-86, art. VIII, §§ 1—3)

Sec. 26-98. - Sewer user charge.


All users of the town sewage system shall participate in the user charge. Persons conforming to the conditions set forth in section 26-114 are hereby considered users and will be required to participate in the user charge.


The sewer user charge will be in accordance with the formula in the adopted user charge system.

(Ord. of 3-13-86, art. XI, §§ 1, 2)

Secs. 26-99—26-110. - Reserved.