The following is a revised version of Ordinance 2024-06. Ordinance 2024-06 was originally introduced at the April 17, 2024 meeting and a public hearing was held on June 5, 2024. After the public hearing, the Council decided to table Ordinance 2024-06 and make revisions based upon feedback received during the public hearing. The revised ordinance will be introduced at the July 17, 2024 Council Meeting and a public hearing will be held on August 7, 2024 at 6:00 PM at the Churubusco Town Hall, 215 Home Avenue.
Any formatting issues found with ordinances that are posted on our website are due to errors from exporting the files to the website. NO TEXT IS/HAS BEEN CHANGED IN THE EXPORTING PROCESS! All ordinances that are posted on our website are considered draft copies and can be changed up to the point of passage and signing of the ordinance. Hard copy versions of signed ordinances (which can be requested in person at 204 N. Line Street for a cost of $.10 per page copy fee) are the legally binding documents of the Town and cannot be amended without going through the ordinance amendment process.
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 “TOWN”).
SECTION I
DEFINITIONS
Unless the context specifically indicates otherwise, the meaning of the following terms, if used in this Ordinance or in any rules or regulations adopted by the Town to implement the provisions hereof, shall mean as follows:
A. “Biochemical Oxygen Demand” or “B.O.D.” shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty (20) degrees Celsius, expressed in milligrams per liter.
B. “Building Sewer” shall mean the extension from the building drain to the public sewer or other place of disposal.
C. “Closely Built-Up Areas” shall mean and include any areas situated within the boundary of the Town upon which areas are located either residential or business buildings.
D. “Dwelling” shall mean any house or place used or intended to be used by human occupants as a place of residence.
E. “Fee Ordinance” shall mean that certain Permit Inspection and Connection Fees and Security Deposit Fees and Connection to the Public Sewer System Ordinance adopted by the Town and as amended from time to time.
F. “Foundation Drain” shall mean 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.
G. “Garbage” shall mean solid wastes from the domestic and commercial operation, cooking, and dispensing of food, and from the handling, storage, and sale of product.
H. “Health Officer” shall mean the health officer of the Town, County, or State.
I. “Industrial Wastes” shall mean the liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage.
J. “Inspector” shall mean the person duly authorized by the Town to inspect and approve the installation of building sewers, private sewer systems, and/or their connection to the public sewer system.
K. “Limited Layer” shall mean any layer of soil with a stabilized percolation rate exceeding sixty (60) minutes for the water to fall one inch.
L. “May” is permissive.
M. “Natural Outlet” shall mean any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater.
N. “Permit” shall mean the Town’s National Pollutant Discharge Elimination System (NPDES) permit issued by the Indiana Department of Environmental Management (IDEM) in accordance with Sections 402 and 405 of the Federal Water Pollution Control Act as amended and IDEM’s permitting authority.
O. “Person” shall mean any individual, firm, company, association, society, corporation, or group.
P. “PH” shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
Q. “Privies” shall mean outside open-pit type disposal system.
R. “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.
S. “Public Sewer” shall mean a sewer constructed, installed, maintained, operated, and owned by the Town established for that purpose. A county drain installed for the purpose of carrying surface water run-off and sub-soil drainage shall be specifically excluded from this definition.
T. “Residential Sewage Disposal System” shall mean all equipment and devices necessary for proper conduction, collection, storage, treatment, and on-site disposal of sewage from a one or two family dwelling, including but not limited to, building sewers, septic tanks, subsurface absorption fields, and privy vaults.
U. “Residential User” shall mean 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.
V. “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.
W. “Sanitary Sewer” shall mean a sewer which carries sewage and to which storm, surface, and groundwaters are not intentionally admitted.
X. “Sewage” shall mean a combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments, singular or in any combination, together with ground, surface, and storm waters as may be present.
Y. “Sewage Disposal System” shall mean a system which is designed to receive sewage and transport the sewage to a proper sewage treatment system.
Z. “Sewage Treatment Plant” shall mean any arrangement of devices and structures used for treating sewage.
AA. “Sewage Works” shall mean the organization and all facilities for collecting, transporting, pumping, treating, and disposing of sewage and sludge.
BB. “Sewer” shall mean a pipe and/or conductor for carrying sewage or other waste liquids.
CC. “Sewer 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.
DD. “Shall” is mandatory.
EE. “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.
FF. “Soil Profile Observation” shall mean observations of the physical characteristics of the soil horizons or layers to a depth of at least five (5) feet.
GG. “Storm Drain” shall mean a sewer which carries storm and surface waters and drainage, but which excludes sewage and industrial wastes other than unpolluted cooling water.
HH. “Subsurface Absorption Field” shall mean 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.
II. “Superintendent” shall mean the superintendent of the sewage works of the sewer district or the authorized deputy, agent, or representative.
JJ. “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.
KK. “Watercourse” shall mean a channel in which a flow of water occurs, either continuously or intermittently.
SECTION II
REGULATIONS
As authorized by Indiana Code Section 36-9-23 et seq, the following applies to the design, construction, installation, maintenance, and operation of public and private Sewage Disposal Systems, which shall be administered by the Town through its Inspectors and authorized representatives.
A. At any business building, mobile home park, recreational or campground and camp sites situated with the Town where there is installed a Sewage Disposal System which is not connected to a Public Sewer, and no Public Sewer 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 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. No Privies shall be constructed or maintained within the Town.
C. The installation of any other private Residential Sewage Disposal System not in compliance with the applicable standards must be approved by the Town.
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 herein 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
A. General
1. 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 Town and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public Sanitary Sewer of the Town, is hereby required at 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.
i. After connection to Public Sewer as described herein, the owner shall empty any relevant septic tank of its contents, fill with granular material, and disconnect the house, building, or property from and discontinue use of the private system.
2. 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 permission from the Town. Failure to follow this provision shall be a violation as set out in Section XII.
3. As authorized by state or federal law, a fee in accordance with the Fee Ordinance shall be charged for each hook-up to a Public Sewer after the completion of the construction of the system.
4. Any part of the Building Sewer, including but not limited to, lateral lines, grinder stations or other facilities used by an owner to connect to the Town’s Public Sewer, must be operated and maintained by the owners in accordance with all laws, regulations, Town Ordinances and manufacturer’s specifications.
5. 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 authorization for such disposal has been obtained as authorized in accordance with applicable laws.
6. Any Dwelling which is not connected to a Sanitary Sewer system shall provide a Residential Sewage Disposal System approved by the Town or County.
i. The design, construction, installation, location, maintenance, and operation of a Residential Sewage Disposal System shall comply with the provisions of this Ordinance.
ii. 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 Ordinance is exempt from the provisions of this Ordinance relating to the design and installation of the Residential Sewage Disposal System; however, any modification or repair shall be made subject to the regulations of the Town or County.
7. All connections shall be completed in accordance with the Town’s connection polices and procedures. The Town shall deny any connection if it is not completed in accordance with the Town’s polices and procedures.
8. 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 Sewer, Sewage 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 Disposal System, 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 Town, so far as relates to their sanitary features.
9. All unit plans and specifications must be approved by the Town in accordance with applicable Federal, State, and local laws, rules and regulations and the Town’s minimum standards and technical design criteria.
10. No provision in this Ordinance shall be interpreted to override any additional requirements that may be imposed by a Health Officer as permitted by law.
11. Where soil conditions preclude the installation of a Subsurface Absorption Field, the Whitley County Board of Health, after consultation with the local Town, 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.
12. If Town must coordinate service for Sewage Works outside of regular business hours, the Person requiring service shall pay a fifty dollar ($50) fee to Town, plus the hourly rate of the technician. Said charged will applied to the customer’s next utility bill
B. Private Sewer Line
Where a public Sanitary Sewer is not available under the provision of Section II (A)(1), the Building Sewer shall be connected to a private Sewage Disposal System complying with the provisions of state, federal and local laws.
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, courtyard, 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. An old Building Sewer may be used in connection with new buildings only when they are found, on examination and test by the said Town, to meet all requirements of this Ordinance.
C. Per local, state, or federal law or regulations, the Building Sewer shall be ductile iron pipe, AWWA specification (C151) or equal; PVC pipe, ASTM specification (D3034) or equal; or other suitable material approved by the Town. 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 ductile iron pipe with rubber ring joints or PVC SDR 21 per ASTM D2241 with rubber ring joints, or equal. Building sewers shall be bedded with Class I, II, or III material per ASTM D2321; bedding material shall be compacted. Ductile iron pipe shall be required by the Town where the Building Sewer is exposed to damage by tree roots. If installed in filled or unstable ground, the Building Sewer shall be of ductile iron pipe, except that non-metallic material may be accepted if laid on a suitable concrete bed or cradle as approved by the Town of certified representative.
D. Per local, state, or federal law or regulations, the size and slope of the Building Sewer shall be subject to the approval of the Town, but in no event shall the diameter be less than six (6) inches. The slope of such 6-inch pipe shall be not less 2%,
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 Town, or the procedures set forth in appropriate specifications of ASTM, Title 327 of the Indiana Administrative Code Article 3 (327 IAC 3), or 10 State Standards Recommended Standards for Wastewater. . All such connections shall be made gas tight and water tight. Any deviation from the prescribed procedures and materials must be approved by the Town or certified representative before installation.
H. The applicant for the Building Sewer shall notify the Town when the Building Sewer is ready for inspection and connection to the Public Sewer. The connection shall be made under the supervision of the Town 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 Town or County.
J. The Building Sewer shall be located at least fifty (50) feet from any water supply well or pump suction line serving a residence; however, Sewers constructed of water works grade ductile iron having mechanical or push type joints or of waterworks grade pressure type plastic with an SDR rating of twenty-one (21) having gasketed or push-type joints may be located within the fifty (50) foot distance but not closer than twenty (20) feet to dug and bored wells and not closer than ten (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 Town’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. 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
A. The Town, in its reasonable 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 Town 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 Town or its designee prior to commencement of any construction.
B. The Town 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 Town may own grinder pump stations of a Residential User serving more than one user.
C. Unless otherwise agreed upon between the Town and such property owner in writing, a Residential User shall own their Building Sewers up and including the grinder pump station (unless owned by the Town in accordance with Section V. B.). 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.
D. 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 Town 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 WASTEWATER
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 authorization of the Town. Industrial cooling water or unpolluted process waters may be discharged, on written approval of the said Town, to a storm sewer or natural outlet.
SECTION VII
SUBSTANCES PROHIBITED
Per the Permit, 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 Town 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 Town 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. The prohibited substances 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 Town 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 Town 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 Town in compliance with applicable State or Federal Regulations.
G. Materials which exert or cause:
i. 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.)
ii. Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions.)
iii. Unusual B.O.D., chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.
iv. Unusual volume of flow or concentration of wastes constituting Slugs.
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 Town 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 Town 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 Sewer, which waters contain the substances or possess the characteristics enumerated in Section VII of this Ordinance, 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 shall upon written notice:
A. Reject the wastes;
B. Require pretreatment to an acceptable condition for discharge to the Public Sewer;
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 Town 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 Town 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 Town, 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 Town, 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 Town. The application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Town. A fee in in accordance with the Fee Ordinance for an industrial building Sewer connection shall be paid to the Town at the time the application is filed.
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 Town 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 following the Towns polices and procedures for connections. .
D. When required by the Town, 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 Town personnel and safely located, and shall be constructed in accordance with plans approved by the Town. 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 Town and any industrial concern whereby Industrial Wastes of unusual strength or character may be accepted by the Town for treatment subject to payment therefor, by the industrial concern.
G. While performing the necessary work on industrial properties referred to in this Section IX, the duly authorized employees of the Town shall observe all safety rules applicable to the premises established by the company and the Town shall indemnify the company against loss or damage to its property by Town 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. Subject to the permission of the property owner, the Superintendent, Inspector, and other duly authorized employees or agents of the Town bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this Ordinance. The Superintendent or its 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. If access is denied prohibiting the Superintendent, Inspector, or other duly authorized employee or agent from entering upon a property, and the Town reasonably believes the property or owner is in violation of this Ordinance or other state, federal or local laws or regulations, the Town may suspend sanitary sewer service until such time as the issue has been resolved to its reasonable satisfaction or the Town.
B. The Superintendent and other duly authorized employees or agents of the Town bearing proper credentials and identification shall be permitted to enter all private properties through which the Town holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the Sewage Works lying within 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
PROCEDURES AND INSPECTION
A. In addition to the procedures outlined herein, 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 authorization signed by the Town. The request for such authorization shall be made in accordance with the Town’s polices and procedures, which request shall be supplemented by ay plans, specifications and other information as deemed necessary by the Town. No building connection shall be issued until the authorization has been obtained.
B. The user shall notify the Town when the work is ready for final inspection, and before any underground portions are covered. The provisions 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 Town or its agent.
C. Unless access is refused by the property owner, the Town 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 Ordinance. If access is refused, the Town may discontinue service until the necessary items are completed to the Town’s reasonable satisfaction.
D. In the event any person has violated or continues to violate this Ordinance, the Town 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 Town.
SECTION XII
NOTICES OF VIOLATIONS
A. After receiving an order in writing from the County Board of Health or the Town, 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 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.
B. Town Ordinance Violations- Public Sewer Users
i. Any person found to be violating any provisions of this Ordinance shall be served by the Town 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 paid by the violator.
ii. If the violation continues, the offender shall be fined not more than One Hundred Dollars ($100.00) for the first offense; a fine of not more than Two Hundred Dollars ($200.00) for the second offense, 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 Town shall constitute a distinct and separate offense for public users.
C. Town Ordinance Violations- Commercial and Industrial Users
i. Any commercial or industrial user found to be violating any provisions of this Ordinance shall be served by the Town 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 paid by the violator.
ii. If the violation continues, the violator shall be punished for the first offense by a fine of not more than Five Hundred Dollars ($500.00); by a fine of not more than One Thousand Dollars ($1,000.00) for the second offense; and for the third and each subsequent offense by a fine of not more than One Thousand Dollars ($1,000.00). The expiration of the time limit for abating unsanitary conditions and completing improvements to abate such conditions as ordered by the Town shall constitute a distinct and separate offense for commercial and industrial users.
D. Additional Remedies. Nothing contained in this section shall prohibit the Town from pursuing all other remedies available at equity and in law, including but not limited injunctive relieve and criminal proceedings.
SECTION XIII
APPEAL PROCEDURES
A. If an applicant is refused a connection, 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 authorizing the construction of a residential sewage disposal system if it finds that the user has failed to comply with any provision of this Ordinance.
C. Any User may appeal a decision of a Town’s employee, staff or authorized representative to the Town Council.
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 affect 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 ______ DAY OF _______________, 2024.
ATTEST: TOWN COUNCIL OF THE TOWN OF
CHURUBUSCO
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Madalyn Sade-Bartl, Clerk-Treasurer Mark Pepple, President
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Nathan Van Horn, Council Member
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Devin Keener, Council Member
