The text
Footnotes:
--- (3) --- State Law reference— Sewage, G.L. 1956, § 45-14-1 et seq.
DIVISION 1. - GENERALLY#
Sec. 78-246. - Authority.#
The authority for this article can be found in part in the G.L. 1956, §§ 45-6-2.3 and 46-12-23.
(Code 1986, § 20-374)
Sec. 78-247. - Definitions.#
(a)
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:
Applicant or customer means the owner as defined in this section, as it applies to building connections and any charges or fees including user fees, and may mean the lessee or user of the property when some commercial or industrial use is involved that requires testing, analyses, monitoring, metering, pretreatment and/or usage surcharges.
Authorized representative means: (1)
A principal executive officer of at least the level of vice-president, if the user is a corporation;
(2)
A general partner or proprietor;
(3)
A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the discharge originates.
BOD (biochemical oxygen demand) 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 waste, and other sanitary drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet 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.
Categorical standards means the national categorical pretreatment standards and pollutant discharge limits as promulgated by EPA which apply to a specific category of industrial users.
Categories of commercial/industrial users means: (1)
Category 1: Commercial/industrial users discharging or having the potential of discharging conventional (BOD 5 and TSS) pollutant concentrations in excess of 250 mg/l.
(2)
Category 2: Commercial/industrial users discharging production processing wastewater or using solvents, toxic chemicals and/or hazardous chemicals that could potentially be discharged into the sewers.
(3)
Category 3: Commercial/industrial users discharging or having the potential to discharge concentrations of oil and grease and other solids which may cause interference with the collection system or at the treatment facility.
(3A)
Category 3A: Commercial/industrial users discharging or having the potential to discharge any wastewater generated through the practice of dentistry that may contain dental amalgam.
(4)
Category 4: Commercial/industrial users with only sanitary wastes and/or nontoxic discharges.
COD (chemical oxygen demand) means the oxygen equivalent consumed by organic matter in a sample during strong chemical oxidation.
Combined sewer means a sewer receiving both surface runoff and sewage. This type of sewer is normally disallowed.
Commercial unit means each unit of a commercial building separated by vertical walls and having wastewater facilities, or each floor of a multistoried commercial building having wastewater facilities.
Composite sample means a combination of individual samples of wastewater taken at selected intervals for some specified period of time in order to minimize the effect of the variability of the sample stream. Individual samples may have equal volumes or may be proportioned to the flow at the time of sampling.
Domestic wastes means liquid wastes from the noncommercial preparation, cooking and handling of food; or containing human excrement and similar matter from the sanitary conveniences of dwellings, commercial buildings, industrial facilities and institutions. It shall not contain groundwater, stormwater, surface water, cooling water or industrial wastewater.
Drainlayer means a person who has a valid drainlayer's license issued by the town.
Environmental protection agency (EPA) means the United States Environmental Protection Agency or, where appropriate, the administrator or other duly authorized official of such agency.
Floatable oil means 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 oil if it is properly pretreated prior to entry into the sewage facilities and does not interfere with the sewage facilities.
Garbage means solid wastes from the domestic and commercial preparation, cooking and dispensing of food and from the handling, storage and sale of produce.
Grab sample means a sample which is taken from a waste stream on a one-time basis without regard for the flow in the waste stream and without consideration of time.
Industrial user means any user that discharges industrial waste as defined in this section to the town's wastewater facilities.
Industrial wastes means the liquid wastes from industrial manufacturing processes, trade or business as distinct from domestic sanitary sewage.
Infectious waste means waste which contains pathogens with sufficient virulence and quantity so that exposure to the waste by a susceptible host could result in disease. Under this definition, the normal microflors of the body are not classified as infectious.
Categories of waste designated as infectious are as follows: (1)
Human blood, body fluids, and blood products means all waste human blood, blood products (such as serum, plasma, and other blood components) and body fluids (such as suction fluid and wound drainage) which exist in a nonabsorbed liquid form in more than trace quantities.
(2)
Contaminated sharps consists of discarded sharps, e.g., hypodermic needles, syringes, pasteur pipettes, broken glass and scalpel blades which may have come into contact with infectious agents during use in patient care or in medical research or have been removed from their original sterile container.
(3)
Contaminated animal carcasses, body parts and bedding refers to carcasses, body parts and bedding of animals that were exposed to pathogens in research and in the production of biologicals or in vivo production of pharmaceuticals.
(4)
Discarded cultures and stocks of infectious agents and associated biological constitute infectious wastes because pathogenic organisms are present at high concentration in these materials. Included in this category are pathological laboratories and pharmaceutical companies, wastes from the production of biological and discarded live and attenuated vaccines. Also, culture dishes and devices used to transfer, inoculate and mix cultures shall be designated as infectious waste.
(5)
Pathological waste consists of tissues, organs, body parts, removed during surgery and autopsy.
Infectious waste treatment means any method, technique, or process designed to eliminate the infectious hazard, i.e., to change the biological character or composition of waste so as to remove any disease-causing potential and to render such waste noninfectious by killing the infectious agents present in the waste.
Interference means any inhibition or disruption of the treatment processes or operations which may contribute to a violation of any provision of the town's state pollutant discharge elimination system (RIPDES) permit or the RIPDES permit issued to the Town of South Kingstown for their operation of the regional wastewater treatment facilities.
Mg/l means milligrams per liter.
Natural outlet means any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater.
Owner means any person who, alone or jointly, has a legal title to any premises, or has control of any premises, such as an agreement to purchase, agent, executor, administrator, trustee, lessee or guardian of the estate or a holder of a legal title.
OWTS means an onsite wastewater treatment system permitted by the state department of the environment.
Person means an individual, trust, firm, joint stock company, corporation (including a quasi-government corporation), partnership, association, syndicate, municipality, municipal or state agency, fire district, club, nonprofit agency or any subdivision, commission, department, bureau, agency or department of state of federal government (including quasi-government corporation) or of any interstate body.
pH means the logarithm of the reciprocal of the concentration of hydrogen ions in moles per liter of solution.
Pretreatment means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a water pollution control facility. The reduction or alteration can be obtained by physical, chemical, or geological, except as prohibited by 40 CFR 403.6(d).
Pretreatment standards means all applicable federal rules and regulations implementing section 403 of the Act, as well as any nonconflicting state or local standards. In cases of conflicting standards or regulations, the more stringent thereof shall be applied.
Privately-owned wastewater treatment facilities means pump stations, collection systems and/or wastewater treatment facilities privately-owned by users, individuals, corporations, or associations, with said facilities ultimately being connected to a publicly-owned wastewater treatment or collection system.
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 in any dimension.
Public sewer means a sewer in which all owners of abutting properties have equal rights and is controlled by public authority, to the extent that such sewer and appurtenances are located within publicly owned rights-of-way and/or within dedicated sewer easements.
Rhode Island Pollutant Discharge Elimination System (RIPDES) means the state system for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing discharge permits and imposing and enforcing pretreatment requirements pursuant to G.L. 1956, § 46-12-1 et seq. and the Clean Water Act, 33 USC 1251 et seq.
Sanitary sewer means a sewer which carries sewage and to which stormwater, surface water and groundwater are not intentionally admitted.
Sanitary sewer force main means a pipe or conduit under pressure which carries wastewater and to which stormwater, surface water and groundwater are not intentionally admitted.
Septage waste means the wastewater from a domestic individual sewage disposal system.
Sewage and wastewater mean a combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such groundwater, surface water and stormwater as may be unintentionally present.
Sewage treatment plant means any arrangement of devices and structures used for treating sewage or wastewater.
Sewage works means all facilities for collecting, pumping, treating and disposing of sewage or wastewater.
Sewer means a pipe or conduit for carrying wastewater.
Shall is mandatory; may is permissive.
Significant industrial user means any industry: (1)
That is subject to categorical standards as defined by the Environmental Protection Agency; and/or
(2)
That discharges a nondomestic wastestream greater than or equal to 25,000 gallons per day (0.025 mgd); and/or
(3)
That contributes a nondomestic wastestream which makes up five percent or more of the average dry weather hydraulic or organic (BOD, suspended solids, etc.) capacity of the treatment plant; and/or
(4)
That has a reasonable potential, in the opinion of the town, to adversely affect the wastewater treatment plant (inhibition, interference, pass-through of pollutants, sludge contamination, or endangerment of treatment plant workers); and/or
(5)
Whose wastewater concentration of BOD and suspended solids exceeds 250 mg/l; and/or
(6)
Discharging prohibited pollutants but is not subject to federal EPA categorical standards; and/or
(7)
With sanitary or nontoxic discharges using solvents, toxic chemicals and/or hazardous chemicals that could potentially be discharged into the sewers.
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 of flows during normal operation.
Storm drain (storm sewer) means a sewer which carries stormwater and surface water 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 means the town, or any duly authorized representative of the town, including the town engineer and the wastewater superintendent.
Toxic means any substance listed as toxic under section 307(a)(1) of the Clean Water Act, as amended, 33 USC 1251 et seq., listed under the Hazardous Substances Right-to-Know Act, G.L. 1956, § 28-21-1 et seq., and as may otherwise be designated by the town.
Unpolluted drainage means drainage from any catch basin, lake, pond, swamp, swimming pool, outlet for surface runoff or groundwater which contains no wastes or wastewaters.
User means any person as defined in this section who contributes, causes or permits, directly or indirectly, the introduction of wastewater into the town's wastewater facilities.
Wastewater facilities and town's wastewater facilities mean the structures, pipes, equipment and processes that collect, transport and treat domestic, commercial and industrial wastewater, and dispose of the waste residuals. The terms shall apply to both the regional wastewater treatment facilities operated by the Town of South Kingstown and the Scarborough wastewater treatment facilities operated by the Town of Narragansett.
Watercourse means a channel in which a flow of water occurs, either continuously or intermittently.
(b)
Terms not otherwise defined in this section shall be as adopted in the most recent edition of "Standard Methods for Examination of Water and Wastewater," published by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation; 40 CFR 403 and 40 CFR 408.
(Code 1986, § 20-211; Ch. 904, § 1, 12-15-2008; Ch. 925, § 1, 11-16-2009; Ch. 1066, § 1, 6-3-2019)
Cross reference— Definitions generally, § 1-2.
Sec. 78-248. - Use of public sewers required.#
(a)
It shall be 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 creating a nuisance or health hazard.
(b)
It shall be unlawful to discharge to any natural outlet within the town or into or in close proximity to any of the tidewaters of the town or in any area under the jurisdiction of the town, any garbage, sewage or other polluted water, except where suitable treatment has been provided in accordance with the provisions of this article, and except where the appropriate federal or state pollutant discharge elimination system permit has been received. A valid copy of any such permit and any modifications thereto must be filed with the town.
(c)
The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the town, shall be required at his expense to install suitable toilet facilities therein in accordance with the state building code, plumbing code regulation SBC-3, January 1, 1992, as amended. Where allowed and/or required pursuant to the current town facilities plan for wastewater management, and/or current sewer policy, and/or applicable ordinance, resolution or town council adopted policy or program, such owner is hereby required to connect such facilities directly to the closest available public sewer, as determined by the town, in accordance with the provisions of this article. The time allowed for such connections shall be 90 days after the date of official notice to do so, unless otherwise stipulated by the town council. If such house, building or property had been previously serviced by an onsite wastewater treatment system (OWTS), upon connection to the public sewer such OWTS shall be abandoned, and the septic tank shall be pumped out, cleaned and filled with suitable material.
(d)
The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the town, wherein subsection (c) of this section is not applicable, shall install at his expense suitable toilet facilities therein and shall connect the same to an onsite wastewater treatment system (OWTS) as approved by the state department of the environment. Except as provided for in this subsection or in subsection (e) of this section, it shall be unlawful to construct, operate or maintain an OWTS or other such facility intended or used for the disposal of sewage.
(e)
The owner of an onsite wastewater treatment system (OWTS) shall have such system pumped out at his own expense at least once every four years and furnish proof of same to the engineering department; excepting those properties which have an RIDEM approved onsite wastewater treatment system installed under a condition of recorded maintenance agreement within the town land evidence records, and subject to providing copies of the recorded maintenance agreement and maintenance reports to the engineering department. The owner of an OWTS shall maintain such system in proper working condition in accordance with existing regulations. Septic tanks shall remain accessible at all times and any impervious surfaces covering an OWTS is prohibited. The use of any septic tank additives and the disposal of hazardous waste is prohibited as is garbage disposal unit discharges except for existing units. The owner shall abide by all conditions for installation required under the applicable provisions of the zoning ordinance, environmental overlay districts section.
(f)
All sewers meeting the standards of the town in public or private streets connected to a public sewer shall be public sewers within the meaning of this article and be subject to all the rules and regulations of this article and of the town. All existing sewers or building sewers connected to public sewers shall be subject to all the rules and regulations of this article and the town.
(Code 1986, § 20-212; Ch. 888, § 1, 7-16-2007; Ch. 904, § 2, 12-15-2008)
Sec. 78-249. - Protection from damage.#
No person shall maliciously, willfully or negligently break, damage, destroy, uncover without authorization, deface or tamper with any structure, appurtenance or equipment which is a part of the drainage system or sewage works. Any person convicted of violating the provisions of this section shall be subject to the penalties set forth within this article, as well as be responsible for all costs associated with any replacement or repair work caused by such damage.
(Code 1986, § 20-213)
Sec. 78-250. - Penalties for violation of article.#
(a)
Any person found to be violating any provision of this article 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 of such violation. The offender shall, within the period of time stated in such notice, permanently cease all violations. Subsequent actions taken by the town may include:
(1)
The issuance of a complaint and summons to appear in the town municipal court;
(2)
Suspension of wastewater service;
(3)
Issuance of an order or compliance schedule pursuant to section 78-353;
(4)
Revocation of discharge permit (if applicable);
(5)
Termination of wastewater service;
(6)
Assessment of costs as defined in this section, penalties and/or fines.
(b)
Any person who shall continue any violation beyond the time limited provided or in subsection (a) of this section shall be guilty of an ordinance violation and shall be subject to a fine. The amount of the fine shall be based upon the severity of the violation as determined by the town and the compliance action required by the town to ensure that the violation is corrected. Violations that present an immediate hazard to the public and/or to the safety and operations of the wastewater facilities will be subject to a fine in an amount not to exceed $5,000.00 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, including the costs of litigation occasioned the town by reason of such violation.
(d)
Notwithstanding any of the provisions of this section, the town may institute any appropriate action, including requests for injunctive relief or other proceedings to prevent, restrain or abate violations of this article. Such action may include, when the town determines that any violation presents or would present an operational hazard to the wastewater facilities, the issuance of a written notice of suspension of wastewater service. Any person notified of a suspension of the wastewater treatment service and/or their wastewater discharge permit shall immediately stop or eliminate their discharge and/or cease the violations stipulated therein. In the event of a failure of the person to comply voluntarily with the suspension order, the town shall take such steps as deemed necessary including immediate severance of the sewer connection, at no cost to the town, to prevent or minimize damage to the wastewater facilities or harm to any individuals. The town may reinstate the wastewater discharge permit and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge and payment for any expenses or damages resulting from the discharge of those wastes. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent future occurrence shall be submitted to the town within 30 days of the date of occurrence. In the event of an emergency situation, the town is required only to give verbal notice in order to immediately and effectively halt a discharge which presents an imminent danger to the town's facilities, the environment, or the health and welfare of persons.
(e)
If any person discharges industrial wastes or other wastes into the town's wastewater facilities contrary to the provisions of this article, any federal or state pretreatment requirements, or any order of the town, the town solicitor may commence legal action for injunctive relief in the superior court. Nothing in this article shall be construed to limit the right of the town to enforce, or avail themselves of the benefits of any and all other applicable laws and ordinances.
(f)
Sewer maintenance expenses which result from a user violation of any of the prohibited or limited discharge requirements in this article will be charged to the user in violation. Such maintenance may be related, but not necessarily limited to, stoppage, plugging, breakage, any reduction in sewer capacity or any other damage to sewers or wastewater facilities of the town. The costs charged to the user in violation may include the costs and expenses for complete restoration of the impaired facilities to a functional condition.
(g)
Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this article, or wastewater discharge permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this article shall be subject to the provisions of this section.
(h)
The interest charge for late payment, as defined within division 3 of this article, or 60 calendar days, whichever is greater, of any penalties or monetary sums assessed against any user, except for regular sewer use charges, shall be the same as is set for such regular sewer use charges.
(Code 1986, § 20-214)
Sec. 78-251. - Privately-owned wastewater treatment facilities.#
(a)
Privately-owned and operated pump stations and collection systems connected to or desiring to connect to the town wastewater system must adhere to all provisions of article III (Sewers) of this Code. In addition, the owner must comply with the following:
(1)
Owners of privately-owned wastewater treatment facilities shall maintain the system in good working order and operate same as efficiently as possible. Proper operation and maintenance shall include, but not be limited to, effective performance based on facility design, adequate operator staffing and training, adequate laboratory and process controls, including quality assurance procedures as determined to be appropriate by the town, and backup or auxiliary facilities or similar systems to assure compliance or effective performance. Proper operation and maintenance must include emergency procedures and reporting requirements in case of power outages, natural disaster, labor shortage (whether the result of intentional work stoppages or epidemic), equipment failure, acts of terrorism/vandalism or sanitary sewer overflow. Reporting requirements shall include verbal notification to the wastewater superintendent and the state department of environmental management (RIDEM) as soon as possible, but not exceeding 24 hours of discovery of the event. A written report must be submitted to the wastewater superintendent and RDEM within five business days of the event's ending.
(2)
The owner shall submit, for review and approval by the town's engineering department, an operations and maintenance plan describing standards and procedures by which the privately-owned wastewater treatment facilities, pump station(s) and/or collection system(s) will be staffed, operated and maintained during normal and emergency conditions. Should development of the plan include the practice of engineering, the plan must then be prepared and certified by a registered professional engineer (registered in the State of Rhode Island). The operations and maintenance plan must be approved prior to the commencement of the construction of the new wastewater treatment facility.
(3)
The owner is required to conduct (at a minimum) monthly inspections of any pump station(s) within their facility. The inspection reports shall be forwarded to the town engineer within three business days after the inspection. At a minimum, the inspection report shall provide the name of the individual or firm performing the inspection, hours of operation for each pump, generator run time, summary of alarms, any maintenance undertaken during that month, condition of the station, and recommendations.
(4)
The operations and maintenance plan shall include, but not be limited to, the following elements:
a.
Describe the detailed operating procedures for the pump station(s) and collection system;
b.
Provide a preventative maintenance plan for the pump station;
c.
Provide staffing requirements;
d.
Provide a list of material suppliers and essential spare parts necessary to be kept on site for normal and emergency conditions;
e.
Provide operating procedures for the emergency generator and automatic transfer switch;
f.
Provide a spill prevention plan;
g.
Provide a description of the auxiliary system, such as water, heating and ventilation, sump pump and dehumidifying;
h.
Provide a description of the alarm system and response procedures;
i.
Provide names, addresses and telephone numbers of all emergency contacts, facility owners and facility operators;
j.
Provide a list of subcontractors that are on call for emergency equipment rental (i.e., septage hauler, portable pump or generator);
k.
Provide emergency procedures and reporting requirements in case of power outages, natural disasters, equipment failure, acts of vandalism, or sanitary sewer overflow;
l.
Provide a description of the means of recordkeeping (the records must be accessible for a three-year period);
m.
Provide as-built plans for the pump station and/or collection system;
n.
Provide a sewer map of the collection system, including but not limited to, the overall service area, diameter of pipes, distance between manholes, slope and direction of flow; and
o.
Provide all required procedures, easements, or other administrative items necessary to allow the town access to the site for unannounced periodic inspections, pursuant to section 78-266 of this chapter.
(5)
Owners of an existing privately-owned wastewater treatment facility without an approved plan must submit for approval a plan as appropriate and as described herein to comply with the requirements of this section within 180 calendar days of notification to do so. All new facilities must have an approved plan on file prior to the initiation of the facility's construction.
(Ch. 925, § 2, 11-16-2009)
Secs. 78-252—78-265. - Reserved.#
Sec. 78-266. - Right of entry of inspectors.#
(a)
Duly authorized employees of the town bearing proper credentials and identification shall be immediately permitted to enter all commercial and industrial properties for the purposes of inspection, observation, measurement, sampling, review of discharge records and analytical data, and testing in accordance with the provisions of this article. The town 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.
(b)
Duly authorized employees of the town bearing proper credentials and identification shall be immediately permitted to enter all private properties through which the town holds an easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within such easement.
(Code 1986, § 20-226)
Secs. 78-267—78-280. - Reserved.#
DIVISION 3. - RATES AND CHARGES#
Footnotes:
--- (5) --- State Law reference— Authority to levy charges, unpaid charges create lien, G.L. 1956, § 45-14-1.
Sec. 78-281. - User charges.#
(a)
Established.
(1)
The sewer user charge rates are established and are on file in the town clerk's office.
(2)
The assessment of sewer use charges for all properties shall begin on the date that the actual building sewer is connected to the main sewer, regardless of the occupancy or condition of the property being served. Such assessment of charges shall continue uninterrupted until the actual building sewer is physically disconnected from the main sewer.
(b)
Annual review. The rates of sewer use charges shall be reviewed annually for the purpose of adjusting such rates. In conjunction with preparation of the annual budget, the town manager shall propose changes in rate structure for the financing of proposed expenditures. The adjusted rates shall be designed to ensure that each recipient of wastewater treatment service will pay his proportionate share of the cost of operation, maintenance and replacement of treatment works.
(c)
Surcharges. The town reserves the right to develop and implement a surcharge system for the purpose of assessing users subject to wastewater discharge permits under division 6 of this article their proportionate share of operation, maintenance, replacement, and/or capital improvement costs.
(Code 1986, §§ 20-241—20-243)
Sec. 78-282. - Assessments.#
The assessment for sanitary sewer installation shall be as is provided for in state law, or as otherwise approved or adopted by the town council.
(Code 1986, § 20-244)
Sec. 78-283. - Sewer fee schedule.#
(1)
Sewer user charge rate as provided for in section 78-283 (a) of the Code of Ordinances shall be as follows:
a. Minimum charge per unit year $484.00 (FY24)
$585.64 (FY25)
$603.24 (FY26)
$621.32 (FY27)
$639.96 (FY28)
b. Usage Block Allowed Per Year for Minimum Charge 8,000 cubic feet of water consumption
c. Excess Rate: 8,001—20,000 cubic feet of water consumption RATE/100 cubic feet of water consumption $3.33 (FY24)
$4.03 (FY25)
$4.15 (FY26)
$4.27 (FY27)
$4.40 (FY28)
d. Excess Rate 20,001—30,000 cubic feet of water consumption RATE/100cubic feet of water consumption $3.93 (FY24)
$4.76 (FY25)
$4.90 (FY26)
$5.05 (FY27)
$5.20 (FY28)
e. Excess Rate: over 30,001 cubic feet of water consumption RATE/100 cubic feet of water consumption $3.33 (FY24)
$4.03 (FY25)
$4.15 (FY26)
$4.27 (FY27)
$4.40 (FY28)
(b)
The minimum charge per unit will be billed on a quarterly basis, with the bills being sent in the months of July, October, January, and April. Payment on each quarter's bill will be due on or before September 1, December 1, March 1 and June 1, respectively. Any payment not made in a timely manner shall bear interest at the rate of 18 percent per annum on the unpaid balance. The excess rates per usage blocks will be billed on a quarterly basis as such excess usage is accrued. A prior year (FY 1992—1993) minimum charge of $324.00 per unit, which would have been billed in July 1993, will be billed over a three-year period, by quarter, beginning in July 1993. The amount due each quarter should be $27.00. Any payment not made in a timely manner shall bear interest at the rate of 18 percent per annum on the unpaid balance.
(c)
A charge of BODs in excess of 250 mg/l shall be assessed at $0.43 per pound of BODs.
(d)
A charge for total suspended solids in excess of 250 mg/l shall be assessed at $0.91 per pound of total suspended solids.
(Code 1986, § 20-245; Ch. 963, § 1, 6-18-2012; Ch. 1114, § 1, 9-18-2023)
Sec. 78-284. - Annual permit fees; permit application fees; annual monitoring fees for commercial/industrial users.#
(a)
Categories of commercial/industrial users are as follows:
(1)
Category 1. Commercial/industrial users discharging or having the potential of discharging conventional (BOD 5 and TSS) pollutant concentrations in excess of 250 mg/l.
(2)
Category 2. Commercial/industrial users discharging production processing wastewater or using solvents, toxic chemicals and/or hazardous chemicals that could potentially be discharged into the sewers.
(3)
Category 3. Commercial/industrial users discharging or having the potential to discharge concentrations of oil and grease and other solids which may cause interference with the collection system or at the treatment facility.
(3A)
Category 3A: Commercial/industrial users discharging or having the potential to discharge any wastewater generated through the practice of dentistry that may contain dental amalgam.
(4)
Category 4. Commercial/industrial users with only sanitary wastes and/or nontoxic discharges.
(b)
The following fee schedule, which shall be kept on file in the office of the town clerk, shall apply:
(1)
Annual permit fees.
a.
Category 1—$3,000.00.
b.
Category 2—$500.00.
c.
Category 3—$300.00.
d.
Category 4—No charge.
e.
Category 3A—$100.00
(2)
Permit application fees.
a.
Category 1—$300.00.
b.
Category 2—$300.00.
c.
Category 3—$300.00.
d.
Category 4—$300.00.
e.
Category 3A—$100.00
(3)
Annual monitoring fees.
a.
Category 1—$3,780.00.
b.
Category 2—No charge.
c.
Category 3—No charge.
d.
Category 4—No charge.
e.
Category 3A—No charge.
(Code 1986, § 20-246; Ch. 1066, §§ 2, 3, 6-3-2019)
Secs. 78-285—78-300. - Reserved.#
DIVISION 4. - SEWER FUND#
Sec. 78-301. - Established.#
A sewer fund shall be established as a depository for all annual charges, fees, assessments and receipts obtained for the use, service or facilities generated by the sewage works. This fund shall be operated as an enterprise fund, and expenses shall be paid or debited from the fund for the operations, maintenance and replacement costs in relation to sewers.
(Code 1986, § 20-256)
Sec. 78-302. - Tax collector to issue bills and make collections.#
The tax collector shall issue bills and make collections for all charges, fees, assessments and penalties as a result of operation of the sewage works in accordance with existing laws and established charges.
(Code 1986, § 20-257)
Sec. 78-303. - Separate account.#
The town treasurer will maintain in a separate account all receipts and disbursements as a result of operation of the sewage fund. Disbursements shall be for the sole purpose of costs for administration, operation, maintenance, materials and supplies, interest, depreciation and any other annual costs for the sewage works and sewage treatment and collection facilities.
(Code 1986, § 20-258)
Secs. 78-304—78-320. - Reserved.#
DIVISION 5. - MAIN AND BUILDING SEWER CONNECTIONS#
Footnotes:
--- (6) --- Cross reference— Buildings and building regulations, ch. 10.
Sec. 78-321. - Permit.#
(a)
Required. No unauthorized person shall uncover, make any connections with or opening into, use, repair, disconnect, alter or disturb any public sewer or appurtenances thereof and/or building sewers without first obtaining a written permit from the town.
(b)
Application.
(1)
The owner of any house, building or property wishing to obtain a sewer permit shall make application on the prescribed forms furnished by the town. The owner shall also submit any plans, specifications or other information considered pertinent in the judgement of the town. The appropriate sewer permit and inspection fees, which shall be on file in the town clerk's office, shall be paid to the town at the time of application. Separate permit applications are required for main sanitary sewer extensions, and for each individual building sewer or connection line proposed. Such sewer permits are for the purposes described in subsection (a) of this section only; however, additional permits as described within division 6 of this article may apply prior to the actual use of any main or building sewer by any user.
(2)
Accompanying each application for a permit required by this division shall be a location plan showing the lot lines and dimensions, location of water pipes and other underground utilities or structures, location of permanent buildings and location of building sewers and storm drains.
(Code 1986, §§ 20-271, 20-272)
Sec. 78-322. - Drainlayers.#
(a)
Building sewers and connections shall be made only by drainlayers licensed to perform such work in the town or master plumbers licensed by the state. Application for a drainlayer's license shall be made to, and upon forms prescribed by, the town engineer or his designee. Upon approval by the town engineer or his designee, a five-year drainlayer's license shall be issued to the applicant. To obtain such a license approval each applicant, in addition to filing such application, shall:
(1)
Take and pass with a score of at least 70 percent an exam to be administered by the town engineer or his designee;
(2)
Pay to the wastewater division a licensing fee which is on file in the town clerk's office;
(3)
The responsibility for maintaining a valid license, and/or the renewal of same rests solely with the applicant.
(b)
A minimum of 48 hours shall be allowed for the processing of each application, and, upon approval, a license shall issue to the applicant. During the course of any work related to main or building sewers, the licensed drainlayer doing the work must have in his possession a valid drainlayer's license or master plumber's license. The licensed individual must be present at the site for all operations, unless otherwise released by the town's inspector.
(c)
An accurate record of all drainlayer's licenses shall be kept both at the engineering office and the office of the town clerk. Notice must be given to the wastewater division at least 48 hours prior to the beginning of any work on a sewer. No inspections will be scheduled until the permit application has been duly signed and returned to the town. All sewer permits shall be posted in a visible manner at the site of any and all sewer work. Such information as the town has with regard to the existence or location of main or building sewers will be furnished to drainlayers upon request, but at their risk as to the accuracy of the information. No materials shall be used or work covered until inspected and approved by the town engineer or his inspector, and the drainlayer's return portion of each building sewer connection permit shall be promptly returned to the wastewater division after the work has been thoroughly inspected and the return has been signed by the inspecting authority.
(d)
Failure to comply with any provisions of this article by the drainlayer or master plumber may result in the forfeiture of the right, as determined by the town engineer or his designee, to perform building or main sewer work within the town. The town also reserves the right to withhold the issuance of any sewer permits to any drainlayer or master plumber found in violation of any provisions of this article.
(Code 1986, § 20-273)
Sec. 78-323. - Liability of property owners and developers.#
(a)
Any settlement over the sewer in any town owned or maintained street or public way within two years after such sewer is laid or repaired shall be repaired at the expense of the developer, contractor, or owner of the property authorized to install or repair such sewer. The developer, contractor, or owner shall be held liable for any accident or damage which may occur in consequence of the laying or repairing of such sewer during the time the trench is open for such period of two years after the work has been completed. Any cost incurred by the town caused by the failure of the developer, contractor, or owner to comply with the provisions of this section shall constitute a lien on the property to which the lateral has been extended.
(b)
Any settlement over the sewer in any state owned or maintained street, public way, or highway within five years after such sewer is laid or repaired shall be repaired at the expense of the developer, contractor, or owner of the property authorized to install or repair such sewer. The developer, contractor, or owner shall be held liable for any accident or damage which may occur in consequence of the laying or repairing of such sewer during the time the trench is open and for such period of five years after the work has been completed. Any cost incurred by the town caused by the failure of the developer, contractor, or owner to comply with the provisions of this section shall constitute a lien on the property to which the lateral has been extended. The signing of any Rhode Island Department of Transportation (RIDOT) Application for Utility Permit by the town shall not convey any ownership, operation, or maintenance responsibilities to the Town of Narragansett, but shall rather be for the convenience of the applicant in obtaining said permit.
(c)
The developer, contractor, or owner shall be required to give written notice of any and all remaining time for which he/she is liable for accidents, damages, maintenance, or repairs under this section to his/her successors, heirs, and assigns upon transfer of the property(ies) so affected.
(Code 1986, § 20-274; Ch. 867, § 1, 10-17-2005)
Sec. 78-324. - Costs and expenses of installation for building sewers.#
All costs and expenses incidental to the installation, connection and subsequent operation and maintenance of the building sewer, including any costs related to the existence or location of any sewer, shall be borne by the owner. The owner shall indemnify the town from any loss or damage including, but not limited to, any loss or damage to any sewer or public sewer that may directly or indirectly be occasioned by the installation, connection, operation and/or maintenance of the building sewer.
(Code 1986, § 20-275)
Sec. 78-325. - Separate sewer for each building; exception.#
A separate and independent building sewer shall be provided for every building, except where one building stands at the rear of another or at an interior landlocked lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, courtyard, or driveway, then the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer, subject to the approval of the town engineer or his designee. The owner of such rear or interior lot shall obtain a sewer easement from the front lot owner, and shall record the same in the land evidence records of the town prior to the town's issuance of a permit. Upon recommendation by the town engineering and subsequent approval by the town council, an exception may also be granted for contiguous lots where the surrounding properties adjacent to said lots are already serviced by sewers.
(Code 1986, § 20-276; Ch. 867, § 2, 10-17-2005)
Sec. 78-326. - Use of old building sewers.#
Old building sewers may be used in connection with new buildings only when they are found on examination and test by the town to meet all requirements of this division. The costs of any such tests or examinations shall be borne by the applicant. Existing building sewers that are to be replaced or abandoned by virtue of a permit issued under this division shall be cut and capped, and the line either removed or filled with suitable material, as approved by the town.
(Code 1986, § 20-277; Ch. 867, § 3, 10-17-2005)
Sec. 78-327. - Standards for installation and connections; generally.#
(a)
The size, slope, alignment and materials of construction of a building or main sewer and the methods to be used in excavation, placing of pipe, jointing, testing and backfilling the trench shall all conform to the requirements of the Rhode Island State Building Code, the "Guides for the Design of Wastewater Treatment Works," (TR-16; latest version), as promulgated by the New England Interstate Water Pollution Control Commission, or other applicable town standards and regulations. The provisions of the "Sanitary Sewer System General Specifications and Construction Installation Procedures" (January 1990; as amended), promulgated by the town engineering department shall also apply.
(b)
Minimum gravity building sewer size shall be four inches for single-family dwelling and six inches for multiple-family dwellings or other type of building. Minimum slope shall be 1.67 feet per 100 feet, or as required under subsection (a) of this section. Connection to sewers shall be made only with a Y branch, unless otherwise approved by the town. The minimum distance of a building sewer from a waterline shall be ten feet and from a public water supply well shall be 50 feet. Where sewer lines cross waterlines, they must be constructed of durable corrosion resistant materials with watertight joints, preferably below waterlines. Sewer lines crossing other pipes should have a minimum separation of 12 inches with a sand cushion or other approved bedding between the pipes. The minimum size for main line gravity extensions shall be eight inches, and all such extensions shall terminate with a manhole.
(c)
Connections to sewer force mains shall be permitted only under the conditions set forth within the current sewer policy as adopted by the town council.
(d)
Prior to commencing work in any public right-of-way or easement, the applicant shall secure the necessary road opening/road cut permits, or state department of transportation physical alterations permit, as applicable. Dig-Safe shall also be contacted, and any other utility companies shall also be notified by the installer. Backfilling and restoration operations shall conform to the standards of the agency having jurisdiction.
(e)
Main sewers and appurtenances, where approved in writing by the town engineer or his designee pursuant to the current sewer policy and/or the facilities plan for wastewater management, may be extended or constructed by developers, property owners, or other private organizations or entities, provided that the design and construction criteria conform to the standards for the same as developed by the town. The developers, property owners, or other private organizations or entities, by written agreement, shall dedicate, deed and transfer such main sewers and appurtenances to the town without qualification or condition, in which case, the town council may vote to accept the same. All easements for such main sewers and appurtenances shall be obtained by the applicant at no cost to the town, and shall in turn be dedicated to the town in a form approved by the town solicitor, in which case the town council may vote to accept the same.
(Code 1986, § 20-278)
Sec. 78-328. - Procedure for removing sewage when drain is inadequate.#
In all buildings in which any building drain is too low to permit gravity flow at the minimum slope to the public sewer, sanitary sewage carried by such a building drain shall be lifted or pumped by an approved means by the owner and discharged to the building sewer. Where fixtures are installed in basements or in other areas close to the main sewer grade, approved backflow or check valves shall be installed at the owner's expense on the owner's sewer lateral. The owner shall secure the appropriate plumbing or sewer permits for such an installation.
(Code 1986, § 20-279)
Sec. 78-329. - Stormwater and groundwater connections.#
No person shall make connection of roof downspouts, exterior foundation drains, basement sump pumps, areaway drains or other sources or surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer. Such connections as may exist at the time of adoption of this ordinance from which this section derives shall be disconnected from such sanitary sewers within three months of the date of such adoption, failing which, the penalties described in this article shall apply.
(Code 1986, § 20-280)
Sec. 78-330. - Inspections.#
Notwithstanding the provisions of section 78-322, the applicant for the building or main sewer permit required under the provisions of this division shall notify the wastewater division when the building or main sewer is ready for inspection and connection to the public sewer. Any work that has not been inspected by the town shall be subject to removal and reinstallation for inspection purposes, at the owner's sole cost.
(Code 1986, § 20-281)
Sec. 78-331. - Barricades; replacement of excavations.#
All excavation for building or main sewer installations 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, pursuant to the provisions of section 78-327 and chapter 66 of this Code of Ordinances, or to the state department of transportation, as applicable.
(Code 1986, § 20-282)
Sec. 78-332. - Cleanouts.#
Cleanouts shall be installed when directed by the town, where the distance from the building to the main sewer is greater than 100 feet, or where bends greater than 45 degrees are used in the building sewer, and at each property line. Cleanouts shall be made by installing a Y and one-eighth bend of the same diameter as the building sewer. The cleanouts shall ordinarily be installed at the point of connection between the building sewer and the outside part of the house system, at curves on the building sewer and on straight part of house sewer to the main sewer. The cleanout shall be brought up from the building sewer to four inches below the ground and be properly capped. Locations of all cleanouts shall be recorded and turned over to the town.
(Code 1986, § 20-283)
Sec. 78-333. - Construction by private parties; cost recovery.#
(a)
All property owners who receive permission from the town to tie into a sewer line which has been constructed by a private party shall reimburse the private parties who have paid for the sewer line extension a pro rata share of the cost of construction of the sewer line and sewer laterals. The intent of this section is to require that all people and users of the system who connect to the system within ten years from the date of approval of the private party's request to construct the sewer line shall share equally in the cost of the installation of the sewer line and sewer laterals. For the purposes of this section, the term "sewer lateral" shall be defined as that portion of the building sewer between the main sewer and the property line.
(b)
The individuals constructing the sewer line and sewer laterals shall obtain all necessary permits from the engineering department, the department of public works, and any other federal, state, or local permits that may be required.
(c)
Upon completion of the sewer line and sewer laterals and upon inspection and acceptance of the sewer line and sewer laterals by the engineering department, the individuals constructing the sewer line and sewer laterals shall submit an executed deed of dedication to the town for the sewer lines and sewer laterals.
(d)
Upon acceptance of the sewer lines by the town, it shall be unlawful for any person, for a period of ten years from the date of the approval of the private party's request, to construct a sewer line or to tie into the sewer line, and the engineering department shall not issue sewer connection permits for such tie-ins, unless and until the person seeking to tie in to the line shall have paid his proportionate share of the cost of the installation to the person or persons who have constructed the sewer line and sewer laterals and provided written proof thereof to the engineering department.
(e)
For purposes of determining the pro rata share of the cost that shall be applied to individuals seeking to connect to the sewer line, the engineering department shall, prior to the commencement of construction, make a determination as to the number of additional units that may be eligible to connect to this sewer line. The proportionate share of each unit's cost shall then be determined by multiplying the total cost of the construction by a fraction, the numerator of which shall be the number one, and the denominator of which shall be the total number of units that may be eligible to tie in to the sewer line. The inclusion of a lot for purposes of this section and the determination of the proportionate share shall not in any way be construed to be a determination that the lot and/or unit is buildable.
(f)
In addition to payment of the pro rata share of the cost provided for in this section, all individuals seeking to connect to the sewer line shall also be required to pay the sewer lot development fee as provided for in the applicable provisions of this Code.
(Ch. 804, § 1, 1-16-2001; Ch. 1015, § 1, 2-16-2016)
Secs. 78-334—78-350. - Reserved.#
DIVISION 6. - USE REGULATIONS#
Sec. 78-351. - Discharge of stormwater, surface water and other waters.#
(a)
No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, contaminated cooling water or unpolluted industrial process waters into any sanitary sewer. Dye tests or other approved testing methods shall be sufficient evidence of nonconforming connections.
(b)
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 by the town. Industrial cooling water or unpolluted process water may be discharged, on approval of the town, to a storm sewer or natural outlet.
(Code 1986, § 20-301)
Sec. 78-352. - Prohibited discharges; generally.#
(a)
The town may limit, reject or prohibit any direct or indirect discharge of pollutants, or combination of pollutants, as defined by applicable federal or state regulations, or as described in this section, into the wastewater facilities. Such decision to limit, reject or prohibit such wastes shall be made solely by the town, and will generally be based upon the waste's potential ability to harm the sewers or wastewater facilities, or have an adverse effect on the receiving waters, or otherwise endanger life, limb or public property, or constitute a nuisance. In rendering a decision, the town will give consideration to such factors as the quantities of the subject wastes in relationships to the flow and capacity of the sewers, nature of the sewage treatment processes, capacity of the wastewater treatment facilities, degree of treatability of the wastes and other pertinent factors.
(b)
No user shall discharge or cause to be discharged, either directly or indirectly, to any sewer any substance or wastewater which would interfere with the operation or performance of the wastewater facilities or pass through the same. In addition, no user shall discharge or cause to be discharged any substance that would cause either the Town of Narragansett or the Town of South Kingstown to violate its Rhode Island Pollutant Discharge Elimination System (RIPDES) permit for either wastewater treatment facility, or compromise receiving water quality standards, or contaminate the wastewater sludge to an extent which restricts sludge disposal options. The following substances and wastes are specifically prohibited from discharge into the wastewater system:
(1)
Explosive mixtures. Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas: Liquids, solids or gases which, by reason of their nature or quantity, are, or may be, sufficient either alone or by interaction with other substances, to cause fire or explosion or be injurious in any other way to the sewer facilities or to the operation of the discharge into the sewer system, be more than five percent nor any single reading over ten percent of the lower explosive limit (L.E.L.) of the meter. Also prohibited is the discharge of wastewater, which alone or by interaction with other wastewater, has a closed cup flashpoint of less than 140 degrees Fahrenheit (60 degrees Celsius) using test methods specified in 40 CFR 261.21. Prohibited materials include, but are not limited to, gasoline, petroleum products, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides, and sulfides.
(2)
Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with any sewage treatment process, that would constitute a hazard to humans or animals, or create a public nuisance or create any hazard in the receiving waters of the sewage treatment plant, or that violate the limits set forth in any federal, state or other discharge limitation program.
(3)
Any waters or wastes having pH lower than 5.5 or higher than 9.5, or having any other corrosive or abrasive property capable of causing damage or hazard to structures, equipment, and personnel of sewage works.
(4)
Solids or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or damage or clogging of sewage pumps or other interference with the proper operation of the sewage 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, bones, hair and fleshings, entrails, paper dishes, cups, milk containers, fish waste and seafood processing byproducts, etc., either whole or ground by garbage grinders.
(5)
Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit (65 degrees Celsius) or containing heat in amounts that would singly or in combination with other discharges inhibit biological activity in the wastewater treatment facilities.
(6)
Any water or waste containing floatable oils, fats, wax, grease or oils, or products of mineral oil origin whether emulsified or not, or containing substances which may solidify or become viscous at temperatures between 32 degrees Fahrenheit and 150 degrees Fahrenheit (0 degrees and 65 degrees Celsius).
(7)
Any garbage that has not been properly shredded in a manner approved by the town; the installation and operation of any garbage grinder equipped with a motor of three-fourths horsepower or greater shall be subject to the review and approval of the town.
(8)
Any waters or wastes containing iron, chromium, copper, zinc, and similar heavy metals, objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment work exceeds the limits established by the treatment plant process for such materials.
(9)
Any waters or wastes containing strong acid-iron pickling, wastes or concentrated plating solutions whether neutralized or not.
(10)
Any toxic substances in amounts exceeding standards promulgated by the administrator of the U.S. Environmental Protection Agency pursuant to section 307(a) of the Act, and chemical elements or compounds, phenols or other odor-producing substances, or any other substances which are not susceptible to treatment or which may interfere with the biological processes or efficiency of the treatment system, or that will pass through the system.
This also includes any wastewater having a lethal concentration of 50 percent as determined by the toxicity test of 96 hours or less using 100 percent of the industrial user's discharge and aquatic test species chosen by the town.
(11)
Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the town in compliance with applicable state or federal regulations.
(12)
Materials which exert or cause:
a.
Unusual concentrations of inert suspended solids such as, but not limited to, Fuller's earth, lime slurries, and lime residues or of dissolved solids such as, but not limited to, sodium chloride and sodium sulfate;
b.
Excessive discoloration such as, but not limited to, dye wastes and vegetable tanning solutions;
c.
Unusual BOD, COD or total suspended solids removal or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works;
d.
Unusual volume of flow or concentration of wastes constituting slugs;
e.
Unusual or obnoxious odor-producing materials.
(13)
BOD or total suspended solids in excess of 250 mg/l each, unless otherwise permitted under this article through the issuance of a wastewater discharge permit, but in no case greater than 1,000 mg/l each.
(14)
Any water or wastes containing any of the following substances in concentrations greater than listed below or as delineated on the commercial or industrial user's discharge permit or as may be stipulated from time to time by the town and kept on file in the office of the town clerk:
For flow tributary to the regional wastewater treatment facilities: Substance Monthly
Average (mg/l) Maximum
Daily (mg/l)
Arsenic 0.1 0.1
Cadmium 0.07 0.09
Chromium (total) 1.71 2.77
Copper 2.07 3.38
Lead 0.43 0.44
Mercury 0.013 0.047
Nickel 1.0 1.0
Silver 0.24 0.43
Zinc 0.65 0.65
Cyanide 0.465 0.465
Sulfide (total) 3.107 3.107
Dissolved Sulfide 1.0 1.0
Oil and Grease 100.0 100.0
Total Toxic Organics 2.13 2.13
Total Organics 1.0 1.0
For flow tributary to the Scarborough wastewater treatment facilities: Substance Monthly
Average (mg/l) Maximum
Daily (mg/l)
Arsenic 0.1 0.1
Cadmium 0.07 0.09
Chromium (total) 1.71 2.77
Copper 2.07 3.38
Lead 0.43 0.44
Mercury 0.013 0.047
Nickel 1.0 1.0
Silver 0.24 0.43
Zinc 0.65 0.65
Cyanide 0.465 0.465
Sulfide (total) 3.107 3.107
Dissolved Sulfide 1.0 1.0
Oil and Grease 100.0 100.0
Total Toxic Organics 2.13 2.13
Total Organics 1.0 1.0
Limits for other hazardous or toxic organic compounds shall be set by the town on a case-by-case basis as a part of a commercial or industrial user discharge permit, using federal or state priority pollutant standards or actual wastewater treatment plant operating capacities, as guidelines.
(15)
Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed.
(16)
Any material identified as hazardous waste according to 40 CFR 261.
(17)
Any infectious or medical waste except such waste which receives infectious waste pretreatment and meets the approval of the town.
(Code 1986, § 20-302; Ch. 793, §§ 1, 2, 6-19-2000)
Sec. 78-353. - Compliance and enforcement.#
(a)
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 section 78-352 and which in the judgment of the town may have a deleterious effect upon the sewage works, processes, equipment or receiving waters or which otherwise create a hazard to life or constitute a public nuisance, the town may, at its sole discretion:
(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.
(b)
All users, either in existence at the time of the adoption of this article, or in the future, shall provide necessary wastewater treatment or pretreatment as required to comply with the provisions of this article, any applicable federal categorical pretreatment standards, and all other applicable federal, state and local pretreatment standards within the time limitations as specified by the applicable pretreatment standards. All facilities required to pretreat wastewater to an applicable level acceptable to the town shall be provided, operated and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the town or review and approval, prior to construction of the facility. The approval of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying the facility as necessary to produce a sanitary sewer discharge that complies with the provisions of this article, any applicable federal categorical pretreatment standards, and all other applicable federal, state and local pretreatment standards. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and approved by the town prior to the user's initiation of the changes. All records relating to compliance with pretreatment standards shall be made available to officials of the EPA or approval authority upon request.
(c)
The town reserves the right to impose compliance schedules upon any user or to establish more stringent time schedules than exist in the federal or state pretreatment standards.
(d)
The town reserves the right to develop and require implementation of a compliance schedule or consent agreement for any user as defined within this section. Such compliance schedule or consent agreement may order the user to alter his processes, install pretreatment monitoring, or testing equipment, or take other such action as may be deemed necessary and appropriate by the town to ensure compliance with this division. Such compliance schedule or consent agreement may be used independently or in conjunction with a wastewater discharge permit issued pursuant to this division. The issuance of a compliance schedule or consent agreement by the town shall not relieve the user of any other obligations under this article. The following general conditions shall apply to any such compliance schedule or consent agreement.
(1)
The schedule or agreement shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the installation, construction, and/or operation of pretreatment facilities required for the user to comply with the provisions of this article. Such events shall include such tasks as hiring an engineer, completing preliminary plans, completing final plans, executing contracts for major components, obtaining permits and commencing and completing construction.
(2)
Not later than 14 days following each milestone date in the schedule and the final date for compliance, the user shall submit a progress report to the town engineer including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the user to bring the construction back into compliance with the schedule.
(Code 1986, § 20-303)
Sec. 78-354. - Interceptors.#
Grease, oil, and sand interceptors shall be provided when, in the opinion of the town, they are necessary for the proper handling of liquid wastes containing grease, any flammable wastes, sand, or other harmful ingredients. All interceptors shall be of a type and capacity approved by the town and shall be located so as to be readily and easily accessible for cleaning and inspection. All restaurants, cafeterias, institutional kitchens, clubs, bars, car washes, and any other food or food service operation shall provide grease traps in accordance with the applicable Building Official Code Administration (BOCA) and BOCA National Plumbing Code Section P1002 in the kitchen waste line before entry to the sewer. All grease, oil, and sand collected therein is to be removed as necessary and disposed of in accordance with the appropriate laws, but in no case disposed of within the sewer system. All costs associated with the installation, operation and maintenance of such grease, oil and sand interceptors and traps shall be borne by the user. All such devices shall be cleaned at least twice per year. Maintenance records must be kept for a minimum of three years, and must be made available to authorized employees of the town upon demand.
(Code 1986, § 20-304)
Sec. 78-355. - Control manhole.#
When required by the town, the owner of any property serviced by a building sewer carrying commercial or industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessible and safely located, and shall be constructed in accordance with plans approved by the town. The manhole shall be installed by the owner at his expense, and shall be maintained by such owner so as to be safe and accessible at all times.
(Code 1986, § 20-305)
Sec. 78-356. - Monitoring equipment and records.#
All commercial and industrial users discharging into a public sewer shall perform such monitoring of their discharges as the town may require, including installation, use and maintenance of monitoring equipment. The results of such monitoring shall be submitted to the town in accordance with the terms of the user's wastewater discharge permit and in compliance with the frequency schedule stated therein, and shall contain, at a minimum, the following information: (1)
The name and address of the business.
(2)
The location of the business.
(3)
The nature, average rate of production and standard industrial classification of the operation carried out by the business.
(4)
The average and maximum flow of the discharge from the business to the treatment works in gallons per day.
(5)
The nature and concentration of the pollutants in the discharge from each regulated process from such business and identification of the applicable pretreatment standards and requirements. The concentration shall be reported as a maximum or average level as provided for in the applicable pretreatment standard. If an equivalent concentration limit has been calculated in accordance with the pretreatment standard, this adjusted concentration limit shall also be submitted to the town for approval.
(6)
A statement prepared by an authorized representative of the business as defined in 40 CFR 403.12(1)(m), and certified to by an engineer registered in the state indicating whether the pretreatment standards are being met on the basis established in these standards, and if not, whether additional operation and maintenance or pretreatment is required for the business to meet the pretreatment standards and requirements.
(7)
If additional pretreatment or operation and maintenance is required, scheduling and completion dates in accordance with 40 CFR 403.12 shall be provided.
(8)
Any additional information pursuant to the requirements stated within the user's discharge permit.
(Code 1986, § 20-306)
Sec. 78-357. - Standards for tests and measurements.#
(a)
All measurements, tests and analysis of the characteristics of waters and wastes to which reference is made in this article shall be determined in accordance with 40 CFR 136, and shall be determined at the control manhole provided or upon suitable samples taken at the control manhole.
(b)
If a special manhole has not 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. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property. The particular analysis involved will determine whether a 24-hour composite of all outfalls of a premises is appropriate or whether a grab sample should be taken. Normally, but not always, BOD and suspended solids analysis are obtained from periodic grab samples. Sampling and analysis may be required by the town to be performed by an independent laboratory approved by the town, with all costs borne by the user. All sampling pertaining to pretreatment should be taken at a location which reflects the final, treated wastewater stream prior to its merging with either the sewage of the industry or the sewage in the main sewer system.
(Code 1986, § 20-307)
Sec. 78-358. - Protection from accidental discharge, slug or noncompliant discharges.#
(a)
All residential, commercial and industrial users shall provide protection from the accidental discharge of prohibited materials or other substances regulated by this article. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner's or user's own cost and expense, for all such user's that store, handle or use any such prohibited or regulated material. Detailed plans showing facilities and operating procedures necessary to provide this protection shall be submitted to the town for review and approval before construction of the facility. No such user who commences contribution to the wastewater facilities after the effective date of this article shall be permitted to make such contribution until accidental discharge procedures have been approved by the town. All existing users shall submit such plans and information relative to this protection within 180 days after the effective date of this article. Review and approval of such plans and operating procedures shall not relieve the user from the responsibility to modify his facility as necessary to meet the requirements of this article. In the case of accidental discharge, it is the responsibility of the user to immediately telephone and notify the wastewater treatment works of the incident. The notification shall include location of discharge, type of wastes, concentration and volume, and corrective actions undertaken.
(b)
Within five days following an accidental discharge, the user shall submit to the town engineer a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense incurred by the town because of such discharge or any other expense which may be incurred as a result of damage to the wastewater facilities, fish kills, or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this article or other applicable law. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a prohibited discharge. Employers shall ensure that all employees who may cause or suffer such a prohibited discharge to occur are advised of the emergency notification procedure.
(c)
All residential, commercial and industrial users shall immediately telephone and notify the town in the event of any slug load discharges or discharge of waste or wastewater which violates any of the provisions or prohibitions set forth within this division.
(Code 1986, § 20-308)
Sec. 78-359. - Dilution of discharge.#
No user shall ever increase the use of process water or, in any other way, attempt to dilute a discharge as a means for complying with any prohibited discharge requirement of this article or any federal or state pretreatment requirements or standard.
(Code 1986, § 20-309)
Sec. 78-360. - Federal standards.#
Any promulgated federal categorical pretreatment standard shall immediately supersede the limitations imposed under this article if more stringent than these limitations or sources in a particular industrial subcategory.
(Code 1986, § 20-310)
Sec. 78-361. - Discharges; changes in volume and character.#
Any user that proposes to change his discharge in terms of volume or character of pollutants shall notify the town in writing at least 30 days in advance of such proposed change. Such change may not be instituted until a new or amended discharge permit has been issued by the town.
(Code 1986, § 20-311)
Sec. 78-362. - Wastewater discharge permit; requirements and conditions.#
(a)
All industrial and commercial users proposing to connect or to contribute to the wastewater facilities shall obtain a wastewater discharge permit before connecting to or contributing to such facilities. All existing industrial, commercial and significant industrial users connected to or contributing to the wastewater facilities shall obtain a wastewater discharge permit within 30 days after the effective date of this article.
(b)
Users required to obtain a wastewater discharge permit shall complete and file with the town an application in the form prescribed by the town. Such application shall be accompanied by the appropriate fee as determined by the town.
(c)
Within nine months of the promulgation of a national categorical pretreatment standard, the wastewater discharge permit of users subject to such standards shall be revised to require compliance with such standards within the time frame prescribed by such standard. Where a user, subject to a national categorical pretreatment standard, has not previously submitted an application for a wastewater discharge permit, the user shall be required to do so within 30 days after the promulgation of the applicable national categorical pretreatment standard. In addition, the user with an existing wastewater discharge permit shall file with the town, within 30 days after the promulgation of an applicable federal categorical pretreatment standard, a new discharge permit application.
(d)
Permits shall be issued for a specified time period, not to exceed three years. A permit may be issued for a period less than a year or may be stated to expire on a specific day. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the town during the term of the permit as limitations or requirements as identified in this article are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
(e)
Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation without the approval of the town. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit.
(f)
Wastewater discharge permits shall be expressly subject to all provisions of this article and all other applicable ordinances, regulations, user charges, and fees established by the town.
(g)
The town may deny or condition any wastewater discharge permit if, in the opinion of the town, such discharge would not be in compliance with any applicable federal, state or local pretreatment or discharge standards, or where such discharge could cause the wastewater facilities to violate its RIPDES permit, or inhibit or interfere with the operation and maintenance of the wastewater facilities, or concentrate in the sludge so as to interfere with the disposal of same by the approved methods. The town reserves the right to impose further conditions pursuant to the issuance of a wastewater discharge permit as follows:
(1)
Require pretreatment so that the wastes can be accepted within the wastewater treatment facilities;
(2)
Regulate the quantity and rate of discharge; and/or
(3)
Require payment above and beyond the basic user fees for capital improvements or process costs, by the imposition of a surcharge or other like fee, for transporting and treating such discharges.
(h)
Permit conditions. Wastewater discharge permits shall be subject to all provisions of this article and all other applicable ordinances, regulations and fees established by the town. Permits may contain the following:
(1)
The unit charge or schedule of user charges and fees directly or by reference for the wastewater to be discharged to the town's wastewater facilities;
(2)
Limits on the average and maximum wastewater constituents and characteristics. Limits shall be derived from federal categorical standards, and/or calculated local limit values using EPA-approved methodology;
(3)
Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization;
(4)
Requirements for installation and maintenance of inspections and sampling facilities pursuant to section 78-355;
(5)
Specifications for monitoring programs pursuant to section 78-356 which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule;
(6)
Compliance schedules pursuant to section 78-353;
(7)
Requirements for submission of technical reports or discharge reports;
(8)
Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the town, and affording town access thereto;
(9)
Requirements for notification of the town of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system;
(10)
Requirements for notification of accidental discharges pursuant to section 78-358;
(11)
Other conditions as deemed appropriate by the town to ensure compliance with this article.
(Code 1986, § 20-312)
Sec. 78-363. - Permit suspension or revocation.#
(a)
The town shall suspend a wastewater discharge permit when such suspension is necessary in order to stop a discharge which violates any provision of this article or causes the town to violate any condition of its RIPDES permit. Notice of the suspension will normally be given in writing; however, in an emergency, the notice of suspension shall be verbal. Any discharger notified of a suspension of his permit shall immediately stop such discharge. In the event of a failure of the discharger to comply voluntarily with the suspension order, the town shall take such steps pursuant to section 78-250 as deemed necessary to ensure compliance. The town may reinstate the permit upon written proof of satisfactory compliance with all discharge requirements of this article.
(b)
Any user who violates any of the following conditions of this article or applicable state and federal regulations, is subject to having his permit revoked:
(1)
Failure of a user to factually report the wastewater volume, constituents, and characteristics of his discharge;
(2)
Failure of the user to report any changes in operations or wastewater volumes, constituents and characteristics;
(3)
Continued or significant noncompliance with any portion of this article;
(4)
Failure to allow authorized town personnel immediate access for the purpose of inspection or monitoring;
(5)
Failure to pay any and all costs, fees, assessments or penalties;
(6)
Failure to correct violations that have already resulted in the suspension of the permit;
(7)
Failure to comply with any order or compliance schedule issued by the town.
(Code 1986, § 20-313)
Sec. 78-364. - User data and information to be public; exception.#
(a)
Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the town that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user. Industrial user confidentiality requests will be honored in accordance with G.L. 1956, § 46-12-19.
(b)
Any information submitted to the town pursuant to Rule 16 of the state pretreatment regulations and authorized by G.L. 1956, § 46-12-19 et seq. may be claimed as confidential by the submitter. This claim must be asserted at the time of submission in the manner described in this section. If no claim is made at the time of submission, the town or authorized state or federal agency may make the information available to the public without further notice. Effluent data, however, shall at all times be available to the public without restriction.
(c)
A business confidentiality claim may be asserted by attaching or placing on this information a cover sheet, or a stamped or typed legend upon each page, or other suitable form of notice employing language such as "trade secret," "proprietary" or "company confidential." Allegedly confidential portions of otherwise nonconfidential documents should clearly be identified as such, and may be submitted separately to facilitate identification and handling by the town. If confidential treatment is desired only until a certain date or until the occurrence of a certain event, this should be stated on the notice as well.
(d)
Information covered by such claims will be disclosed only on the extent, and by means of the procedures, set forth in the federal EPA regulations at 40 CFR 2.
(e)
Wastewater constituents and characteristics will not be recognized as confidential information.
(Code 1986, § 20-314)
Secs. 78-365—78-380. - Reserved.#
DIVISION 7. - STORM DRAINS AND CONNECTIONS#
Sec. 78-381. - Permit.#
(a)
Required. No unauthorized person shall uncover, make any connections with or opening into, use, repair, disconnect, alter or disturb any public storm drain, channel, ditch, or appurtenances thereof without first obtaining a written permit from the town. Such permit will be required for the connection of roof downspouts, foundation drains, sump pumps, areaway drains, or other sources of surface runoff or groundwater to the public storm drain system.
(b)
Application.
(1)
The owner of any house, building or property wishing to obtain a storm drain permit shall make application on the prescribed forms furnished by the town, supplemented by any plans, specifications, or other information considered pertinent in the judgement of the town. The appropriate storm drain permit and inspection fees, which shall be on file in the town clerk's office, shall be paid to the town at the time of application. Separate permit applications are required for main storm drain extensions and appurtenances, and for each individual building connection line proposed. Such storm drain permits are for the purposes described in subsection (a) of this section only; however, additional requirements as described within ordinance number chapter 587, zoning, appendix A to the Code of Ordinances may apply prior to the actual use of any storm drain by any user.
(2)
Accompanying each application for a permit required by this division shall be a location plan showing the lot lines and dimensions, location of water pipes and other underground utilities or structures, location of permanent buildings and location of building sewers and storm drains.
(Code 1986, §§ 20-341, 20-342)
Sec. 78-382. - Restrictions.#
(a)
Only groundwater and unpolluted surface, process or cooling water, as defined in division 6 of this article, may be discharged to storm drains.
(b)
No obstruction, fill material or brush shall be deposited in any natural or artificial drainage channel without approval of the town. Where any new construction would interfere with the natural drainage pattern, a detailed plan showing the diversion contemplated shall be submitted to the town for approval, pursuant to ordinance number chapter 587, zoning, section 7.7, supplemental drainage requirements, appendix A to the Code of Ordinances. Where the natural drainage channel is not well defined, a proposed location for the drainage shall be submitted, together with the structures required to ensure adequate drainage.
(Code 1986, § 20-343)
Sec. 78-383. - Standards for installation and connections; generally.#
(a)
The size, slope, alignment and materials and methods of construction for storm drains or related storm drainage facilities and appurtenances shall all conform to the latest edition of the "Standard Specifications for Road and Bridge Construction," as published by the state department of transportation, or other applicable town standards and regulations. In amplification thereof, the provisions of the "Highway Division General Specifications and Construction Installation Procedures" (January 1990; as amended), promulgated by the town engineering department, shall apply.
(b)
The design of storm drains, culverts, ditches, detention ponds, and related appurtenances shall conform to the requirements of ordinance number chapter 587, zoning, section 7.7, supplemental drainage requirements, appendix A to the Code of Ordinances.
(c)
Prior to commencing work in any public right-of-way or easement, the applicant shall secure the necessary road opening/road cut permits, or state department of transportation physical alterations permit, as applicable. Dig-Safe shall also be contacted, and any other utility companies shall also be notified by the installer. Backfilling and restoration operations shall conform to the standards of the agency having jurisdiction.
(d)
Storm drains and appurtenances, where approved in writing by the town engineer pursuant to chapter 587, zoning ordinance number, appendix A to the Code of Ordinances, may be extended or constructed by developers, property owners, or other private organizations or entities, provided that the design and construction criteria conform to the standards for same as developed by the town. The developers, property owners or other private organizations or entities, by written agreement, shall dedicate and deed such storm drains and appurtenances to the town without qualification or condition, in which case, the town council may vote to accept the same. All easements for such storm drains and appurtenances shall be obtained by the applicant at no cost to the town, and shall in turn be dedicated to the town in a form approved by the town solicitor, in which case the town council may vote to accept the same.
(Code 1986, § 20-344)
Sec. 78-384. - Inspections.#
The applicant for the storm drain permit required under the provisions of this division shall notify the engineering department or provide other such notification as may be identified on the permit when the storm drainage system is ready for inspection, but at least prior to covering any work. Any work that has not been inspected by the town shall be subject to removal and reinstallation for inspection purposes at the owner's sole cost.
(Code 1986, § 20-345)
Sec. 78-385. - Barricades; replacement of excavations.#
All excavations for storm drainage system installations 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, pursuant to the provisions of section 78-383 and chapter 66 of this Code of Ordinances, or to the state department of transportation, as applicable.
(Code 1986, § 20-346)
Sec. 78-386. - Costs and expenses of installation for storm drains.#
All costs and expenses incidental to the installation and connection of the storm drainage system, including any costs related to the existence or location of any drain, shall be borne by the owner. The owner shall indemnify the town from any loss or damage that may directly or indirectly be occasioned by the installation of the storm drainage system.
(Code 1986, § 20-347)
Sec. 78-387. - Liability of property owners and developers.#
Any settlement over the storm drain in any street or public way within one year after such drain is laid or repaired shall be repaired at the expense of the developer or owner of the property authorized to install or repair such drain. The developer or owner shall be held liable for any accident or damage which may occur in consequence of the laying or repairing of such drain during the time the trench is open and for such period of one year after the work has been completed.
(Code 1986, § 20-348)
Secs. 78-388—78-400. - Reserved.#
DIVISION 8. - SEWER LOT DEVELOPMENT FEE#
Sec. 78-401. - Statement of purpose.#
(a)
The town has incurred and will continue to incur great expense to install and improve a public sewer system in certain areas of the town.
(b)
Owners of buildable lots adjacent to the public sewer system have been charged a sewer assessment for each such buildable lot.
(c)
There are many parcels of real property, improved and unimproved, which are not adjacent to the public sewer system, or are adjacent but have not yet connected to the public sewer system but which, in the future, may connect into the public sewer system without being charged a sewer assessment.
(d)
The town intends to distribute the cost of construction, improvements, maintenance and operating costs of the public sewer system in a manner which is fair and equitable to all property owners who connect into and make use of the public sewer system.
(e)
A sewer lot development fee, so-called, shall be assessed in accordance with the provisions of this division against all property owners who request to or who are required to connect into the public sewer system and whose lot or units have not been charged a sewer assessment on an individual basis.
(Code 1986, § 20-361)
Sec. 78-402. - Levied.#
(a)
In the case of an unimproved residential lot or in the case of a lot with an existing residential building, the applicant for a sewer connection permit shall pay a sewer lot development fee of $3,500.00 per lot or per unit, whichever is applicable, as a precondition to the issuance of the sewer connection permit.
(b)
In the case of commercial units (except restaurants) the applicant for a sewer connection permit shall pay a sewer lot development fee of $0.80 per square foot of overall floor space for each such commercial unit.
(c)
In the case of restaurants and industrial units, and except as provided for below, the applicant for a sewer connection permit shall pay a sewer lot development fee of $1.00 per square foot of overall floor space. In the case of applicants who at the time of application and each year thereafter use less than 40,000 cubic feet of water per year, the $1.00 per square foot fee shall only be assessed against the first 30,000 square feet of floor space. If the applicant's or its successor's or assign's water usage in any year exceeds 40,000 cubic feet per year, then the sewer lot development fee shall be recalculated and reassessed based upon the total square feet of the overall floor space without limitations.
(d)
(1)
Industrial users whose projected total sewage flow is less than or equal to the flow from an equivalent single dwelling unit (450 gallons per day, or 22,000 cubic feet per year) and who do not propose to discharge any process-related sewage flow may petition the town council in writing for a reduction in their sewer lot development fee. The minimum sewer lot development fee levied against an industrial user shall be the same as the residential sewer lot development fee for a single lot or unit, as provided for in subsection 78-402(a).
(2)
Any change in use proposed by the industrial user that results in water usage in excess of 22,000 cubic feet per year and/or the discharge of process-related sewage flow will result in the review of any such reduction that may have been granted, and an adjustment to the calculated sewer lot development fee may be made at the sole discretion of the town.
(e)
For the purpose of this division, industrial units are defined as those uses or units located on a parcel of real estate which are zoned as I-A or I-B on the official zoning map of the town.
(f)
The town council may waive the sewer lot development fee from local government divisions within the town.
(Code 1986, § 20-362; Ch. 863, § 1, 7-18-2005; Ch. 1104, § 1, 2-21-2023)