NOTICE OF PUBLIC HEARING
At the regular Town Council meeting held on April 18, 2024, Ordinance 2024-06 “An Amended and Restated Ordinance Regulating the Connection to and Use of Public and Private Sewers and Drains, the Installation and Connection of Building Sewers, and the Discharge of Waters and Wastes into the Public Sewer System of the Town of Churubusco Wastewater Treatment Plant District, and Providing Penalties for Violation Thereof” was introduced. Prior to the adoption of Ordinance 2024-06, the Town Council of the Town of Churubusco, Indiana (“Town”) will hold a public hearing on Wednesday June 5, 2024 at 6:00 PM at the Churubusco Town Hall, 215 Home Ave, Churubusco, Indiana. The purpose of the hearing is to receive comment on changes made to an existing ordinance including increasing rates to those who violate the provisions of the ordinance. All property owners, residents, and others interested shall have an opportunity to be heard during the public hearing. A full copy of the ordinance can be found at www.townofchurubusco.com or at the Churubusco Government Center, 204 N. Line Street, Churubusco, Indiana.
Madalyn Sade-Bartl
Clerk-Treasurer/Council Chief of Staff
Town of Churubusco
Ordinance No. 2024-06
An amended and restated ordinance regulating the connection to and use of public and private sewers and drains, the installation and connection of building sewers, and the discharge of waters and wastes into the public sewer system of the Town of Churubusco Wastewater Treatment Plant District, and providing penalties for violation thereof.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF CHURUBUSCO, ACTING AS THE MUNCIPAL SEWAGE WORKS BOARD, (HEREINAFTER REFERRED TO AS THE “DISTRICT” OR “TOWN”).
SECTION I
DEFINITIONS
Unless the context specifically indicates otherwise, the meaning of terms used in this Ordinance shall be as follows:
(a) “District” shall mean the area defined in the General Ordinance establishing the Town of Churubusco Municipal Sewage Works (formerly the Wastewater Treatment Plant District) in Whitley County, Indiana.
(b) “Sewage works” shall mean all facilities for collecting, pumping, treating, and disposing of sewage.
(c) “Superintendent” shall mean the Superintendent of the municipal sewage works of the District or the authorized deputy, agent or representative.
(d) “Inspector” shall mean the person duly authorized by the District through its Board of Trustees to inspect and approve the installation of building sewers, private sewer systems, and/or their connection to the public sewer system.
(e) “Sewage” shall mean a combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments within the District and other areas.
(f) “Sewer” shall mean a pipe and/or conductor for carrying sewage.
(g) “Public Sewer” shall mean any sewer constructed, installed, maintained, operated and owned by the District established for that purpose. A county drain installed for the purpose of carrying surface water run-off and sub-soil drainage shall not be considered nor used as a public sewer under this definition.
(h) “Sanitary Sewer” shall mean a sewer which carries sewage and to which storm, surface and groundwaters are not intentionally admitted.
(i) “Storm drain” (sometimes termed “storm sewer”) shall mean a sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.
(j) “Sewage treatment plant” shall mean any arrangement of devices and structures used for treating sewage.
(k) “Industrial wastes” shall mean the liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage.
(l) “Garbage” shall mean solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage, and sale of produce.
(m) “Properly shredded garbage” shall mean 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 (1/2) inch in any dimension.
(n) “Sanitary building drain” shall mean that part of the lowest horizontal piping of the sanitary drainage system inside the walls of any building, which receives the discharge from soil or waste stacks and branches and conveys the same to a point three (3) feet outside the building walls where it connects with its respective building sewer.
(o) “Building sewer” shall mean the extension from the building drain to the public sewer or other place of disposal.
(p) “B.O.D.” (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20 degrees C, expressed in milligrams per liter.
(q) “PH” shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
(r) “Suspended solids” shall mean 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.
(s) “Natural outlet” shall mean any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater.
(t) “Watercourse” shall mean a channel in which a flow of water occurs, either continuously or intermittently.
(u) “Slug” shall mean 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 fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration or flows during normal operation.
(v) “Person” shall mean any individual, firm, company, association, society, corporation, or group.
(w) “Shall” is mandatory; “May” is permissive.
(x) “Closely built-up areas” shall mean and include any areas situated within the boundary of the District upon which areas are located either residential or business buildings.
(y) “Privies” shall mean outside open-pit type disposal system.
(z) “Sewage Disposal System” shall mean a system which is designed to receive sewage and transport the sewage to a proper sewage treatment system.
(AA) “Dwelling” means any house or place used or intended to be used by human occupants as a place of residence.
(BB) “Foundation drain” means that portion of a building drainage system provided to drain ground water from the outside of the foundation or under basement floor, not including any sewage.
(CC) “Residential sewage disposal system” means all equipment and devices necessary for proper conduction, collection, storage, treatment, and on-site disposal of sewage from a one or two family dwelling. Included within but not limited to the scope of this definition are building sewers, septic tanks, subsurface absorption fields, and privy vaults.
(DD)
(EE) “Residential User” means a user of the sewage works whose premises or building is used primarily as a residence for one or more persons, including all dwellings, etc.
“Subsurface absorption field” means open-jointed or perforated pipes laid in a system of trenches into which the effluent from the distribution box is discharged for direct absorption into the soil.
(FF) “Limiting layer” means any layer of soil with a stabilized percolation rate exceeding 60 minutes for the water to fall one inch.
(GG) “Health Officer” means the health officer of State, County and District.
(HH)
“Soil Profile Observation” means observations of the physical characteristics of the soil horizons or layers to a depth of at least five (5) feet.
SECTION II
REGULATIONS
A regulation (as authorized by IC 36-9-23 et seq.) pertaining to the design, construction, installation, maintenance and operation of public and private sewage disposal systems.
This regulation shall be administered by the District through its inspectors and authorized representatives.
Where a sanitary sewer is not available, all persons owning or leasing property in closely built-up areas shall comply with the following provisions of this ordinance for private sewage disposal systems.
(a) At any business building, mobile home park, recreational or camp grounds and camp sites situated with the District, where there is installed a sewage disposal system which is not connected to a public sewer system, and no public sewer system is available, there shall be established, installed or constructed and maintained a private sewage treatment system which shall comply with the standards of the Indiana State Board of Health and contained in Bulletin SE 13, of the Indiana State Board of Health, and any subsequent amendments thereto, or in such manner as approved by the Indiana State Board of Health. Copies of said Bulletin are herewith incorporated by reference as part of this section and two (2) copies are filed in the office of the County Auditor and County Health Officer for public inspection.
(b) There shall not be any privies constructed or maintained within the District.
(c) The installation of any other private residential sewage disposal systems not in compliance with the applicable standards must be approved by the District.
(d) Should any defect exist or occur in any private sewage disposal system which would cause said sewage disposal system to fail to meet the requirements in Section II-a, Section II-b and Section II-c or create an unsanitary condition, the defect shall be corrected immediately by the owner or agent of the owner, occupant or agent of the occupant. Failure to do so shall be a violation of this ordinance and the violation shall be subject to the penalties described in Section XII of this ordinance.
SECTION III
GENERAL REQUIREMENTS – PUBLIC, PRIVATE AND COMMERCIAL SEWER PUBLIC SEWER LINE
(a) The owner of all houses, buildings, or properties used for human occupancy, employment, recreation or other purposes, including industrial or commercial business, situated within the District and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the District, is hereby required at their expense to install toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this ordinance, within ninety (90) days after date of official notice to do so, provided that said public sewer is within three hundred (300) feet of the property line. Failure to connect within ninety (90) days shall be a violation as set out in Section XII.
(b) The disposition of existing septic tanks and drain fields shall be that the owner shall empty the septic tank of its contents, fill with granular material and disconnect from the house and discontinue usage of the private system.
(c) No person shall throw, run, drain, seep, or otherwise dispose into any of the streams or waters of this state, or cause, permit, or suffer to be thrown, run, drained, allowed to seep or otherwise dispose into such waters, any organic or inorganic matter that shall cause or contribute to a polluted condition of such waters unless a permit for such disposal has been obtained as authorized in accordance with applicable laws.
(d) No unauthorized person shall uncover, make any connection with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a permit from the District. To do otherwise is a violation.
(e) There shall be charged a tap fee of at least $750.00, or the cost to the District, for each hook-up, after the completion of construction of the system.
(f) The design, construction, installation, location, maintenance and operation of residential sewage disposal systems shall comply with the provisions of this regulation.
(g) Any dwelling which is not connected to a sanitary sewage system shall provide a residential sewage disposal system, approved by the District or County.
(h) An on-site residential sewage disposal system, the plans for which were approved, in writing, by the administrative authority prior to the promulgation of this regulation is exempt from the provisions of this regulation relating to the design and installation of residential sewage disposal system; however, any modification or repair shall be made subject to the regulations of the District or County.
(i) No permit shall be furnished until the application has been completed to the satisfaction of the District.
(j) No city, town, county, public institution, firm, corporation, or officer or employee thereof, or other person, shall install or contract for the construction of any sewers, sewage treatment works, or other sewage facilities, designed to collect, convey, treat, or otherwise dispose of any water carried or liquid waste either of domestic or industrial origin, or make any material change in any such existing sewage facilities or sewage treatment of disposal works, until plans and specifications, together with an engineering report supporting in detail the design set forth in such plans, shall have been submitted to and have been approved by the Whitley County Board of Health and the District, so far as relates to their sanitary features.
(k) All unit plans and specifications must be approved by the District in accordance with applicable Federal, State, and local laws, rules and regulations and the District’s minimum standards and technical design criteria.
(l) No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the County and State Health Officer.
(m) Where soil conditions preclude the installation of a sub-surface absorption field sewage disposal system, the Whitley County Board of Health, after consultation with the local District, may approve experimental uses for such equipment, facility or pollution control devise they deem necessary for the further development of the state of the art of pollution control.
(n) The District shall deny any permit if the information on the application is incomplete, inaccurate, or indicates that the provisions of this regulation cannot be met.
PRIVATE SEWER LINE
(o) Where a public sanitary sewer is not available under the provisions of Section III-a, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this section.
(p) Before commencement of construction or modification of a private sewage disposal system the owner shall first obtain a written permit signed by the District. The application for such permit shall be made on a form furnished by the District which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the District. A permit and inspection fee of Twenty-Five Dollars ($25.00) shall be paid to the District at the time the application is filed.
(q) After receiving an order in writing from the District, the owner, agent of the owner, the occupant or agent of the occupant of the property shall comply with the provisions of this ordinance as set forth in said order and within the time limit included therein. Said order shall be served on the owner or the owner and the occupant or on the agent of the owner but may be served on any person who, by contact with the owner, has assumed the duty of complying with the provisions of an order.
(r) A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the District. The District shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the District when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within forty-eight (48) hours of the receipt of notice by the District, excluding week-ends and holidays.
(s) The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the District.
(t) The application for a permit shall be posted in a conspicuous place at or near the building where the sewage disposal system is under construction. The notice should be plainly visible from the public thoroughfare serving this building.
(u) If the sewage disposal system has not been constructed within one hundred twenty days (120) days from the date of issuance, the permit shall automatically expire and the sewage disposal system permit fee shall be forfeited.
(v) The District shall deny any permit if the information on the application is incomplete, inaccurate, or indicates that the provisions of this regulation cannot be met.
SECTION IV
SEWER LINE AND ATTACHMENTS
(a) A separate and independent building sewer shall be provided for every building; except, where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court yard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.
(b) Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the said District, to meet all requirements of this ordinance.
(c) The building sewer shall be cast iron soil pipe, ASTM specification (A74) or equal; vitrified clay sewer pipe, ASTM specification C-700 or equal; or other suitable material approved by the District. Joints shall be tight and waterproof. Any part of the building sewer that is located within ten (10) feet of a water service pipe shall be constructed of cast iron pipe with rubber ring joints PVC schedule AD with rubber ring joints. Cast iron pipe shall be required by the District where the building sewer is exposed to damage by tree roots. If installed in filled or unstable ground, the building sewer shall be of cast iron pipe, except that non-metallic material may be accepted if laid on a suitable concrete bed or cradle as approved by the inspector.
(d) The size and slope of the building sewer shall be subject to the approval of the District, but in no event shall the diameter be less than six (6) inches. The slope of such 6-inch pipe shall be not less than one-eighth (1/8) inch per foot. Refer to A.S.T.M. and W.P.C.F. Manual of Practice, No. 9.
(e) Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer by the owner of said building.
(f) No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.
(g) The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the District, or the procedures set forth in appropriate specifications of the A.S.T.M. and the W.P.C.F. Manual of Practice No. 9. All such connections shall be made gas tight and water tight. Any deviation from the prescribed procedures and materials must be approved by the District or certified representative before installation.
(h) The applicant for the building sewer shall notify the said District when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the said District or its agent.
(i) All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the said District and/or Town or County.
(j) The building sewer shall be located at least 50 feet from any water supply well or pump suction line serving a residence; however, sewers constructed of water works grade cast iron having mechanical or push type joints or of waterworks grade pressure type plastic with an SDE rating of 26 having gasketed or push-type joints may be located within the 50 foot distance but not closer than 20 feet to dug and bored wells and not closer than 10 feet to drilled and driven wells or underground pump suction lines or requirements of applicable Federal, State, and local laws, rules and regulations and the District’s minimum standards and technical design criteria.
(k) No septic tank shall be located upon another property or lot other than that property or lot upon which sewage originates unless easements to that effect are legally recorded and approved by the proper authority or commission.
(l)
(a)
(b)
(c)
(d) Access must be provided to all parts of septic tanks where necessary to enable adequate inspection, operation, and maintenance.
SECTION V
DESIGN STANDARDS; INFRASTRUCTURE AND OWNERSHIP
The District, in its sole discretion and in accordance with applicable Federal, State, and local laws, rules and regulations, may establish the minimum standards and technical design criteria for all District sanitary sewer systems, including, but not limited, to the requirement of building cleanouts, grease interceptors, sand/oil separators and grinder pump stations and appurtenances. All variances from the established minimum standards and technical design criteria must be specifically approved by the District or its designee prior to commencement of any construction.
The District shall own, operate and maintain the Public Sewer collection system, which includes: sanitary and combined sewers, manholes, lift stations, force mains, and various other Sanitary Sewer facilities. In addition, the District may own grinder pump stations of Residential Users.
Unless otherwise agreed upon between the District and such property owner in writing, Residential Users shall own their building sewers up to but not including the grinder pump station. For all other property owners, such users shall own their building sewer up to and including the grinder pump station, including all infrastructure (to the extent required) such as building cleanouts, grease interceptors, sand/oil separators and appurtenances. Except as otherwise provided herein, property owners shall be liable for all repair and maintenance of their building sewer from the building, including infrastructure or other appurtenances existing thereon, to such user’s respective connection point to the Public Sewer.
Except as otherwise provided, property owners shall provide and maintain an electrical service at the property owner’s expenses. The service shall comply with this ordinance and all applicable Federal, State, and local laws, rules and regulations, including the minimum standards and technical design criteria, National Electric Code, and State and local building codes for the operation of a grinder pump, other pumps, or other appurtenances requiring electricity as part of the sewage works. The property owner shall pay and be liable for all charges in connection with use of (or failure to use) the electric service. The property owner shall be solely liable for the costs to upgrade building electrical service or the building electrical panel as may be necessary. The District shall not be responsible or liable for interruptions in service due to disruption of electrical service, natural calamities, equipment failures, or actions of users. The property owner or user shall maintain its equipment connected to the Sewage Works so as to not cause disruption of service of the Sewage Works.
SECTION VI
DISCHARGE OF WASTE WATER
(a) No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer.
(b) Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by written permit of the said District. Industrial cooling water or unpolluted process waters may be discharged, on written approval of the said District, to a storm sewer or natural outlet.
(c) No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the District that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming this opinion as to the acceptability of these wastes, the District will give written consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors.
SECTION VII
SUBSTANCES PROHIBITED
The substances prohibited are:
(a) Any liquid or vapor having a temperature higher than one hundred fifty degrees (150°) F/65°C.
(b) Any water or waste containing fats, wax, grease, or oils, whether emulsified or not, in excess of one hundred (100) mg/1 or containing substances which may solidify or become viscous at temperatures between thirty-two degrees (32°F)(0°C) and one hundred fifty degrees (150°) F (65°C).
(c) Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions whether neutralized or not.
(d) Any waters or wastes containing iron, chromium, copper, zinc, and similar 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 works exceeds the limits established by the District for such materials.
(e) Any waters or wastes containing phenols or other taste or odor-producing substances, in such concentrations exceeding limits which may be established by the District as necessary, after treatment of the composite sewage, to meet the requirements of the State, Federal, or other public agencies of jurisdiction for such discharge to the receiving waters.
(f) Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the District in compliance with applicable State or Federal Regulations.
(g) Materials which exert or cause:
1. Unusual concentrations of inert, suspended solids (such as, but not limited to, Fullers earth, lime slurried, and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate.)
2. Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions.)
3. Unusual B.O.D., chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.
4. Unusual volume of flow or concentration of wastes constituting “slugs” as defined herein, Article I, Section I, Item T.
(h) Any gasoline, benzene, naptha, fuel oil, or other flammable or explosive liquid, solid, or gas, known or unknown, as such.
(i) Any waters or wastes containing toxic or poisonous substance, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant.
(j) Any waters or wastes having a pH lower than 5.5 or greater than 9, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works.
(k) Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, underground garbage, whole blood, paunch manure, hair and fleshings, entrails, plastic or paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
(l) Waters or wastes containing substances which are not amendable to treatment or reduction by the sewage treatment processes employed, or are amendable to treatment only to such degree that the sewage treatment plant effluent discharge cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
If a Sewage Works becomes obstructed, damaged or has any other problems because any of the aforementioned substances were improperly discharged, the Person or Persons responsible for such discharge shall be billed and shall pay for the expenses incurred by the District in cleaning out, repairing or rebuilding all or part of the Sewage Works. In addition, if any private equipment damage due to a violation of this Section and/or this Ordinance (or damage due to any cause), causes the Town to be in violation of any permit, law or regulation, to the extent permitted by law, the Town may (but is not required to) repair such damage as to prevent or rectify any violation, and the District may charge the user/customer for the cost associated with said repairs.
SECTION VIII
AUTHORITY TO REJECT WASTE
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 VII of this ordinance, and which in the judgment of the District 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 District shall upon written notice:
(a) Reject the wastes;
(b) Require pretreatment to an acceptable condition for discharge to the public sewers;
(c) Require control over the quantities and rates of discharge; and or
(d) Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges.
(e) If the District permits the pretreatment or equalization of waste flows, the design and installation of the plans and equipment shall be subject to the review and approval of the District and subject to the requirements of all applicable codes, ordinances, and laws.
(f) Grease, oil, and sand interceptors shall be provided when, in the opinion of the District, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand or other harmful ingredients; all interceptors shall be of a type and capacity approved by the District, and shall be located as to be readily and easily accessible for cleaning and inspection.
(g) Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by and at the owner’s expense.
SECTION IX
INDUSTRIAL
(a) The industrial owner or his agent shall make application on a special form furnished by the said District. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the District. A permit and tap fee of Seven Hundred Fifty Dollars ($750.00) for an industrial building sewer permit shall be paid to the District at the time the application is filed. During the initial construction of the system the tap fee charges will not be in effect if connection application is completed within 90 days of notice to connect.
(b) All costs and expenses incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the District from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
(c) No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the District.
(d) When required by the District, the owner of any property serviced by a building sewer carrying 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 by authorized District personnel and safely located, and shall be constructed in accordance with plans approved by the District. The manhole shall be installed and maintained by the owner so as to be safe and accessible at all times.
(e) All measurement, tests, and analysis of the characteristics of waters and wastes to which reference is made in this ordinance shall be determined in accordance with the latest edition of “Standard Methods for the Examination of Water and Wastewater”, published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole. (In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected.) 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 analyses involved will determine whether a twenty-four (24) hour composite of all outfalls of a premise is appropriate or whether a grab sample or samples should be taken. Normally, but not always, B.O.D. and suspended solids analyses are obtained from twenty-four (24) hour composites of all outfalls where pH’s are determined from periodic grab samples.
(f) No statement contained in this section shall be construed as preventing any special agreement or arrangement between the District and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the District for treatment subject to payment therefor, by the industrial concern.
(g) While performing the necessary work on industrial properties referred to in Section IX above, the duly authorized employees of the District shall observe all safety rules applicable to the premises established by the company and the District shall indemnify the company against loss or damage to its property by District employees and against liability claims for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required.
SECTION X
ACCESSIBILITY
(a) The Superintendent, Inspector, and other duly authorized employees of the District bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this ordinance. (The Superintendent or his representatives shall have authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other industries having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.
(b) The Superintendent and other duly authorized employees of the District bearing proper credentials and identification shall be permitted to enter all private properties through which the District holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
SECTION XI
PERMITS AND INSPECTION
(a) Before commencement of construction of any private residence where a residential sewage disposal system is to be installed or where any alternation repair or addition of an existing residential sewage disposal system is planned, the owner or agent of the owner shall first obtain a written permit signed by the District. The application for such permit shall be made on a form provided by the Indiana State Board of Health, which application shall be supplemented by ay plans, specifications and other information as deemed necessary by the District. No building permit shall be issued until the sewage permit has been obtained.
(b) The permittee shall notify the District when the work is ready for final inspection, and before any underground portions are covered. The provisions of the permit for the construction of a residential sewage disposal system or privy shall not be considered to be fulfilled until the installation is completed to the satisfaction of the District or its agent.
(c) The District or its agent shall be permitted to enter upon all properties at the proper time for purposes of inspection, observation, measurement, sampling and testing necessary to carry out the provisions of this regulation.
(d) In the event any person has violated or continues to violate this Ordinance, the District may recover reasonable attorneys’ fees, court costs, and other expenses associated with the enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the District.
SECTION XII
NOTICES OF VIOLATIONS
(a) Any person found to be violating any provisions of this ordinance may be served by the District or duly appointed agent with a written order stating the nature of the violation and providing a time limit for satisfactory correction thereof, but not greater than ten (10) days will be provided to remove the violation.
(b) After receiving an order in writing from the County Board of Health or the District, the owner, agent of the owner, the occupant or agent of the occupant of the property shall comply with the provisions of this regulation as set forth in said order and within the time limit included therein. Said order shall be served on the owner and the occupant or on the agent of the owner, but may be served on any person who, by contact with the owner, has assumed the duty of complying with the provisions of an order.
DISTRICT ORDINANCE VIOLATIONS PUBLIC SEWER USERS
(a) Any person found to be violating any provisions of this ordinance shall be served by the District with written notice stating the nature of the violation and provided a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. Any damage caused by the violation will be first paid by the violator.
If the violation continues, the offender shall be fined not more than One Hundred Dollars ($100.00) for the first offense; for the second offence, a fine of not more than Three Hundred Dollars ($300.00), and a fine of Three Hundred Dollars ($300.00) for each subsequent offense. The expiration of the time limit for abating unsanitary conditions, completing improvements and attachment to public sewer as ordered by the District shall constitute a distinct and separate offense for public users.
COMMERCIAL AND INDUSTRIAL USERS
(b) Any commercial and industrial user found to be violating any provision of this ordinance of the District and does not cease upon being given notice shall be guilty of a misdemeanor. On the conviction the violator shall be punished for the first offense by a fine of not more than Five Hundred Dollars ($500.00); for the second offense by a fine of not more than One Thousand Dollars ($1,000.00); and for the third and each subsequent offense by a fine of not more than One Thousand Dollars ($1,000.00) to which may be added imprisonment for any determinate period not exceeding ninety (90) days. The expiration of the time limit for abating unsanitary conditions and completing improvements to abate such conditions as ordered by the District shall constitute a distinct and separate offense for commercial and industrial users.
SECTION XIII
APPEAL PROCEDURES
(a) If an applicant is refused a permit, the administrative authority shall, upon request, afford the applicants a fair hearing.
(b) The administrative authority may, after reasonable notice and opportunity for fair hearing revoke a permit authorizing the construction of a residential sewage disposal system if it finds that the holder of the permit has failed to comply with any provision of this regulation.
SECTION XIV
VALIDITY
(a) All ordinances or parts of ordinances in conflict herewith are hereby repealed.
(b) The invalidity of any section, clause, sentence or provision of this ordinance shall not effect the validity of any other part of this ordinance.
ORDINANCE IN FORCE
THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, APPROVAL, RECORDING AND PUBLICATION AS PROVIDED BY LAW.
ALL OF WHICH IS PASSED AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF CHURUBUSCO, WHITLEY COUNTY, INDIANA, THIS 5th DAY OF JUNE, 2024.
TOWN COUNCIL OF THE TOWN OF
CHURUBUSCO
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Mark Pepple, President
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Nathan Van Horn, Vice-President
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Devin Keener, Council Member
ATTEST:
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Madalyn Sade-Bartl, Clerk-Treasurer
