Town of Martinsburg, NY
Lewis County
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[HISTORY: Adopted by the Town Board of the Town of Martinsburg 3-8-1972 by L.L. No. 1-1972. Amendments noted where applicable.]
GENERAL REFERENCES
Subdivision of land — See Ch. 195.
Attachment 1 - Schedule A, Units of Use
Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows:
BOD (denoting BIOCHEMICAL OXYGEN DEMAND)
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20° C, expressed in milligrams per liter.
BUILDING DRAIN
That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (1.5 meters) outside the inner face of the building wall.
BUILDING SEWER
The extension from the building drain to the public sewer or other place of disposal.
GARBAGE
Solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage, and sale of produce.
INDUSTRIAL WASTES
The liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage.
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater.
PERSON
Any individual, firm, company, association society, corporation or group.
pH
The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
PROPERLY SHREDDED GARBAGE
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 1/2 inch (1.27 centimeters) in any dimension.
PUBLIC SEWER
A sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.
SANITARY SEWER
A sewer which carries sewage and to which storm, surface, and groundwaters are not intentionally admitted.
SEWAGE
A combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, and stormwater as may be present.
SEWAGE TREATMENT PLANTS
Any arrangement of devices and structures used for treating sewage.
SEWAGE WORKS
All facilities for collecting, pumping, treating and disposing of sewage.
SEWER
A pipe or conduit for carrying sewage.
SEWER DISTRICT
Glenfield Sewer District within the Town of Martinsburg, Lewis County, New York.
SEWER RENTS
A scale of annual charges established and imposed by the Town Board for the use of the sewer system.
SHALL
Is mandatory; "may" is permissive.
SLUG
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 twenty-four-hour concentration or flows during normal operation.
STORM DRAIN (sometimes termed "STORM SEWER")
A sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.
SUPERINTENDENT
The superintendent of water pollution control of the Town of Martinsburg, Lewis County, New York, or of the Glenfield Sewer District, located within said Town of Martinsburg, as appointed by the Town Board of the Town of Martinsburg, County of Lewis, State of New York, or such other individual as may be invested with the appropriate powers hereunder by said Town Board.
SUSPENDED SOLIDS
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.
UNITS OF USE
The quantity of usage of the sewer system assigned to different classifications of real property in the sewer district.
USER
A parcel of real property fronting on a sewered street or on a sewer easement to which a sewer connection has or can be made serving the property.
TOWN
The Town of Martinsburg, County of Lewis, State of New York.
WATERCOURSE
A channel in which a flow of water occurs, either continuously or intermittently.
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 Glenfield Sewer District, or in any area under the jurisdiction of said sewer district, any human or animal excrement, garbage, or other objectionable waste.
B. 
It shall be unlawful to discharge to any natural outlet within the sewer district or in any area under the jurisdiction of said sewer district any sewage, or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.
C. 
It shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage.
D. 
The owner of all houses, buildings, or properties used for human occupancy, employment, recreation or other purposes, situated within the sewer 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 sewer district, is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this chapter, within 90 days after date of official notice to do so.
A. 
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 superintendent.
B. 
There shall be two classes of building sewer permits: (a) for residential and commercial service, and (b) for service to establishments producing industrial wastes. In either case, the owner or his agent shall make application on a special form furnished by the Town. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the superintendent. Permit and inspection fees shall be as determined by the Town Board.
C. 
All costs and expense incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the Town on behalf of the sewer district from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
D. 
A separate and independent building sewer shall be provided for every building, except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.
E. 
Existing building sewers may be used for connection to the public sewer when they are found, on examination and test by the superintendent, to meet all requirements of this chapter.
F. 
The size, slope, alignment, materials of construction of a building sewer, and methods to be used in excavating, placing of pipe, jointing, testing, and backfilling the trench, shall conform to the requirements of the plumbing standards of the state Building Construction Code, Bulletin 23 of the New York State Department of Health, and as directed by the superintendent, and such other appropriate laws, rules and regulations as may now exist or be hereinafter enacted.
G. 
Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.
H. 
No person 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.
I. 
The connection of the building sewer into the public sewer shall conform to the requirements of the plumbing standards of the state Building Construction Code, Bulletin No. 23 of the New York State Department of Health, and such other appropriate laws, rules and regulations as may new exist or be hereinafter enacted, and as directed by the superintendent. All such connections shall be made gas-tight and watertight.
J. 
The applicant for the building sewer permit shall notify the superintendent when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the superintendent or his representatives.
K. 
All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Town on behalf of the sewer district.
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 storm sewers, or to a natural outlet approved by the superintendent. Industrial cooling water or unpolluted process waters may be discharged on approval of the superintendent, to a storm sewer or natural outlet.
C. 
No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:
(1) 
Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas.
(2) 
Any waters or wastes containing toxic or poisonous solids, 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, including but not limited to cyanide in excess of two mg/l as CN in the wastes as discharged to the public sewer.
(3) 
Any waters or wastes having a pH lower than 5.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works.
(4) 
Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, plastics, wood, unground garbage, whole blood, paunch, manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
D. 
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 superintendent 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 his opinion as to the acceptability of these wastes, the superintendent will give consideration to such factor 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 substances prohibited are:
(1) 
Any liquid or vapor having a temperature higher than 150° F. (65° C.).
(2) 
Any water or waste containing fats, wax or oils, whether emulsified or not, in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32° and 150° F. (0° and 65° C.).
(3) 
Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of 3/4 horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the superintendent.
(4) 
Any waters or wastes containing strong acid iron pickling wastes or concentrated plating solutions, whether neutralized or not.
(5) 
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 sewer treatment works exceeds the limits established by the superintendent for such materials.
(6) 
Any waters or wastes containing phenols or other teste or odor producing substances, in such concentrations exceeding limits which may be established by the superintendent 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.
(7) 
Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the superintendent in compliance with applicable state or federal regulations.
(8) 
Any waters or wastes having a pH in excess of 9.5.
(9) 
Materials which exert or causes.
(a) 
Unusual concentration of inert suspended solids (such as but not limited to Fullers 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, chemical oxygen demand, 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" as defined herein.
(10) 
Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
E. 
If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Subsection C of this section, and which in the judgment of the superintendent 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 superintendent may:
(1) 
Reject wastes.
(2) 
Require pretreatment to an acceptable condition for discharge to the public sewers.
(3) 
Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of Subsection J of this section. If the superintendent permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the superintendent, 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 superintendent, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand, or other harmful ingredients, except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the superintendent, 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 wastes or waters, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.
H. 
When required by the superintendent, 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 accessibly and safely located, and shall be constructed in accordance with plans approved by the superintendent. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times.
I. 
All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this chapter 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, or such comparable publication as may be determined by the Town Board on behalf of the sewer district, 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 in the public sewer to the point at which the building sewer is connected. Sampling shall be carried but by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards of life, limb and property. (The particular analyses involved will determine whether a twenty-four-hour composite of all outfalls of a premise is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from 24 composites of all outfalls whereas pHs are determined from periodic grab samples.)
J. 
No statement contained in this section shall be construed preventing any special agreement or arrangement between the Town on behalf of the sewer district and any industrial concern whereby an industrial part in waste of unusual strength or character may be accepted by the Town on behalf of the sewer district for treatment, subject to payment therefor, by the industrial concern.
No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.
A. 
The superintendent and other duly authorized employees of the Town and/or the sewer district bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this chapter. The superintendent or his representatives shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper or other industries beyond that having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.
B. 
While performing the necessary work on private properties referred to in Subsection A above, the Superintendent or duly authorized employees of the Town and/or sewer district shall observe all safety rules applicable to the premises established by the company.
C. 
The superintendent and other duly authorized employees of the Town and/or sewer district bearing proper credentials and identification shall be permitted to enter all private properties through which the Town and/or the sewer district hold a duly negotiated 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 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.
A. 
Where a public sanitary or combined sewer is not available under this chapter, the building sewer shall be connected to a private sewer disposal system complying with the provisions of this section.
B. 
Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit from the Town Clerk signed by the superintendent. The application for such permit shall be made on a form furnished by the Town on behalf of the sewer district, which applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the superintendent. A permit and inspection fee shall be as determined by the Town Board.
C. 
A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the superintendent. He shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the superintendent when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within 72 hours of the receipt of notice by the superintendent.
D. 
The type, capacities, location and layout of a private sewage disposal system shall comply with all recommendations of the Department of Health, State of New York. No permit shall be issued for any private system employing subsurface soil absorption facilities where the soil percolation rate is not within the limits established by the Department of Health, State of New York, as shown in "Standards For Waste Treatment Works," Bulletin I, Parts I and II. No permit shall be issued where there is an existing well within 100 feet of the nearest point of the proposed disposal system. No septic tank or cesspool shall be permitted to discharge to any natural outlet.
[Amended 8-21-2013 by L.L. No. 3-2013]
E. 
The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the Town.
F. 
At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided herein, a district connection shall be made within 60 days to the public sewer in compliance with this chapter, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material.
G. 
No statement contained in this section shall be construed interfere with any additional requirements that may be improved by the Health Officer.
A. 
All extensions to the sanitary sewer system owned and maintained by the Town on behalf of the sewer district shall be properly designed in accordance with the recommended standards for Sewage Works, is adopted by the Great Lakes — Upper Mississippi River Board of State and Provincial Public Health and Environmental Managers and in strict conformance with all requirements of the New York State Department of Health before construction may proceed. The design of sewers must anticipate and allow for flows from all possible future extensions or developments within the immediate drainage area.
[Amended 8-21-2013 by L.L. No. 2-2013]
B. 
Sewer extensions, including individual building sewer later, to the property line may be constructed by the Town on behalf of the sewer district under public contract, if, in the opinion of the Town Board, the number of properties to be served by such extension warrants its cost. Under this arrangement the property owner shall pay for and install the building sewer from the property line to his residence or place of business in accordance with the requirements herein. Property owners may propose sewer extensions within the Town by drafting and filing a written petition with the Town Clerk, in accordance with the laws.
C. 
If the Town on behalf of the sewer district does not elect to construct a sewer extension under public contract, the property owner, builder or developer may construct the necessary sewer extension, if this extension is approved by the Town Board in accordance with the requirements of Subsection A. He or they must pay for the entire installation, including all expenses incidental thereto. Each building sewer installed must be installed and inspected as previously required and the inspection fees shall be paid. Design of sewers shall be as specified in Subsection D. The installation of the sewer extension must be subject to inspection by the Engineer and the expenses for this inspection shall be paid for by the owner, builder, or developer. The engineer's decisions shall be final in matters of quality methods of construction. The sewer, as constructed, must pass the exfiltration test required herein before any building sewer is connected thereto. The entire cost of the sewer extension thus made shall be absorbed by the developers or benefiting property owners.
D. 
Sewer design shall be in accordance with the following provisions:
(1) 
Pipe shall be either asbestos-cement conforming to ASTM C-428 or extra-strength vitrified clay conforming to ASTM C-200. No standard strength clay pipe or non-reinforced concrete pipe shall be used. All vitrified clay pipe shall be furnished with prefabricated resilient-type joints as specified by ASTM C-425. Only Type III joints shall be used. Rubber "O" ring gasket shall be of solid, natural rubber. Joints of either type of pipe shall be made in accordance with the manufacturer's published recommendation. Trench widths as measured just above the crown of the pipe shall not exceed the following:
Pipe Diameter
(inches)
Trench Width
5
3 feet 3 inches
10
3 feet 6 inches
12
3 feet 9 inches
(2) 
If the trench widths are found during field inspection to exceed the limits in the above table, the sewer pipe shall be encased with a minimum of six inches of concrete for that length of trench whose width exceeds the maximum. Pipe shall be firmly and uniformly bedded in a minimum depth of three inches of #1A or #1 crushed stone (NYSDOT Specifications). Pipe thickness and field strength shall be calculated on the following criteria.
(a) 
Safety factor: 1.5.
(b) 
Load factor: 1.7.
(c) 
Weight of soil: 120 pounds/cubic foot.
(d) 
Wheel loading: 16,000 pounds.
(3) 
Utilizing the above information, design shall then be made as outlined in Chapter IX of the Water Pollution Control Federation (now Water Environment Federation) Manual of Practice No. 9, "Design and Construction of Sanitary and Storm Sewer".
(4) 
Manholes should be constructed at all changes in slope or alignment or at intervals not exceeding 400 lineal feet. The manholes shall be constructed with a poured 3,000 psi concrete base, steel troweled concrete bench walls and channels, precast four feet diameter concrete manhole barrel sections and a tapering top section as specified by ASTM C-478. The manhole frame and cover shall be the standard design of the sewer district and shall be set with no less than two courses of brick underneath or adjustment rings to allow for later adjustment in elevation.
E. 
All sewers shall satisfy requirements of a final exfiltration test before they will be approved and sewage flow accepted from them by the Town on behalf of the sewer district. This test consists of filling the pipe with water to provide a head of at least five feet above the top of the pipe or five feet above groundwater, whichever is higher, at the highest point of the pipe line under test, and then measuring the loss of water from the line by the amount which must be added to maintain the original level. In this test, the line must remain filled with water for at least 24 hours prior to the taking of measurements. Exfiltration shall be measured by the drop of water level in a standpipe with closed bottom end, or in one of the sewer manholes available for convenient measuring.
(1) 
When a standpipe and plug arrangement is used in the upper manhole of a line under test, there must be some positive method of releasing entrapped air in the sewer prior to taking measurements. The test length intervals for either type of test shall be as ordered or approved but in no event shall they exceed 1,000 feet. In the case of sewers laid on steep grades, the length of line to be tested by exfiltration at any one time may be limited by the maximum allowable internal pressure on the pipe and joints at the lower end of the line. The test period, wherein the measurements are taken, shall not be less than two hours in either type of test.
(2) 
The total leakage of any section tested shall not exceed the rate of 100 gallons per mile of pipe per 24 hours per inch of nominal pipe diameter. For purposes of determining the maximum allowable leakage, manholes shall be considered as sections of forty-eight-inch diameter pipe, five feet long. The equivalent leakage allowance shall be 4.5 gallons per manhole per 24 hours for forty-three-inch diameter manholes. If leakage exceeds the specified amount, the necessary repairs or replacements required shall be made to permanently reduce the leakage to within the specified limit, and the tests shall be repeated until the leakage requirement is met.
F. 
All sewer extensions constructed at the property owner's, builder's or developer's expense, after final approval and acceptance by the Engineer, shall become the property of the Town on behalf of the sewer district, and shall thereafter be maintained by the Town on behalf of the sewer district. Said sewer extensions, after their acceptance by the Town on behalf of the sewer district, shall be guaranteed for one year by the builder or developer. The guarantee shall be in such form and contain such provisions as provided by the Town on behalf of the sewer district. At the sole discretion of the Town on behalf of the sewer district, a completion bond or certified check may be demanded as part of the guarantee.
G. 
No builder or developer shall be issued a building permit for a new dwelling or structure requiring sanitary facilities within the sewer district, unless a suitable and approved method of waste disposal is proposed. All new housing or building developments shall be provided with an approved system of sanitary sewers.
Three classes of permits are called for in this chapter:
A. 
For the installation of private sewage disposal facilities.
B. 
For residential and commercial building sewers.
C. 
For industrial sewers.
A. 
Each and every plumber, contractor, or excavator, or other person, firm or corporation other than the property owner himself, will be required to have a license issued by the Clerk of the Town before he will be permitted to do any work in the sewer district insofar as this chapter is concerned, unless waived by the said Board.
B. 
As part of the application for license to do work in the sewer district, the applicant will present a license bond written by an indemnity or bonding company lawfully doing business in the State of New York in a form provided by the Town Board, unless waived by said Board.
C. 
If, in the opinion of the Town Board of the Town of Martinsburg, the work performed by the contractor within the sewer district violates the provisions of this chapter or any other law, rules or regulations of the Town of Martinsburg, or if the contractor's work is, in the opinion of the Town Board, substandard, then in that event, the Town Board may revoke the license for the contractor to do work in the sewer district.
A. 
A Hearing Board shall be appointed as needed for arbitration of differences between the superintendent and sewer users on matters concerning interpretation and execution of the provisions of this chapter by the superintendent. The cost of the arbitration will be divided equally between the Town on behalf of the sewer district and the sewer user.
B. 
Members of the Board shall be as follows:
(1) 
One member from the Town Board.
(2) 
One member from a local industrial or commercial firm or business.
(3) 
One member selected at large.
C. 
The Hearing Board shall have the counsel of an engineer and an attorney employed by the Board.
A. 
The basis of the charge for sewer rents to be paid by the users shall be determined from the following schedule of units of use. See Schedule A attached hereto.[1]
[1]
Editor's Note: Schedule A is included at the end of this chapter.
B. 
There is hereby established and imposed an annual sewer rent on all users to be determined by multiplying the unit charge times the number of units assigned to each user based upon the schedule of units of use in Subsection A of this section. The unit charge shall be established annually by the Town Board.
C. 
There is hereby reserved to the Town Board the right to change, add to or subtract from the units as set forth under Subsection A herein, and alter and otherwise modify such units and the allocation thereof.
D. 
All these charges shall be paid at the same time as other Town charges, except that in the year 1972 all users shall pay such charges as may be billed by the Town Board of the Town on behalf of the sewer district at such time and date as may be determined by said Town Board, which charges shall represent appropriate billing for the entire year of 1971-1972. Property not reflected on the sewer charge roll of the sewer district on May 1 of each year shall prepay as part of the connection charge an amount which shall represent payment of sewer charges to the end of the calendar year next occurring after the sewer charge is shown on the sewer district's sewer rent roll. Said rate will be based on the current sewer rent in existence at that time.
E. 
All local laws, ordinances and resolutions of the Town and the sewer district inconsistent herewith are hereby repealed, except that any charge owing to the Town or the sewer district for sewer rents or otherwise for sewer services on the effective date of this chapter shall not be impaired thereby and such charge shall be collected as if this chapter had not been adopted.
A. 
Any person found to be violating any provisions of this chapter, except § 175-5, shall be served by the Town or sewer district with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
B. 
Any person who shall continue any violation beyond the time limit provided for in Subsection A shall be guilty of a violation and, on conviction thereof, shall be fined in an amount not exceeding $250 for each offense. Each day in which any such violation shall continue shall be deemed a separate offense. The Town Board may enforce obedience by injunction.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Any person violating any of the provisions of this chapter shall become liable to the Town or sewer district for any expense, loss or damage occasioned by the Town or sewer district by reason of such violation.
A. 
The Town Board be and said Board hereby is given full power and authority to determine the manner in which funds are to be collected for the upkeep and maintenance of the present sewer as same now exists or may be hereafter changed or extended.
B. 
It shall be the duty of the superintendent, or other designated official, to make a survey annually, or at such time as may be required by the Town Board, to determine whether there is being discharged into the sewer system from any real property sewage or other wastes which, in the opinion of such superintendent, contains unduly high concentrations of solids or any other substance adding to the operating costs of the sewer system. Upon the completion of such survey he shall file with the Town Board a report of his findings, together with his recommendations.