Isleton Municipal Code Ch. 9.16 Restrictions Upon Connections to Sewer System

Except as provided in this chapter, from and after the effective date of this chapter, no person shall make any new sewer connection to the city municipal sanitary sewer system or commence any substantial increase in the use of an existing sewer connection to the municipal sewer system except as provided in section 9.16.020—9.16.040 of this chapter.

The term "substantial increase in the use of an existing sewer connection" as used in this chapter means any new use of property that would increase the flow of wastewater into the sanitary sewer system above that existing on the effective date of this chapter by one of the equivalent of adding one or more of an additional single-family residential connections to the sanitary sewer system as reasonable determined by the city building official, provided, however, that if the use of an existing sewer connection to the sewer system has been reduced by vacancy of one year or less in the structure or real property which is served by that sewer connection that the presumption of said usage at the same or equivalent level following the cessation of said vacancy shall not constitute a "substantial increase in the use of an existing sewer connection."

In addition, except as provided in this chapter, from and after the effective date of this chapter, no officer, employee or member of any board or commission of the city shall issue any permit, approval or license of any nature whatsoever that would either authorize a new service connection to the sewer system or would authorize any substantial increase to the use of an existing sewer connection to the sewer system unless the applicant for said permit, approval or license has obtained the approval of the city council in accordance with the requirement of sections 9.16.020—9.16.040 of this chapter.

Any person who desires to obtain a permit, approval or license from the city that would either result in a new service connection to the sewer system or would authorize any substantial increase to the use of an existing service connection to the sewer system shall file an application with the city clerk requesting the permission of the city council to do so.

The application shall state the address of the property or structure to be served by the permit, approval or license and shall describe the nature and extent of the use that will be served by the new sewer connection to, or the increase to use of an existing service connection to, the sewer system. The application shall be accompanied by the payment of an application fee in the sum of $125.00 which is determined by the council to be a reasonable sum to defray the costs of the city in processing and considering such applications.

When the application is complete and the application fees have been paid by the applicant, the city clerk shall transmit said application to the city council at its next regular meeting held within five days of said date for purpose of setting a public hearing at which said application may be considered by the city council. The public hearing shall be held no later than 60 days following the date when said application is received by the council, it may be continued from time to time by the council until the council takes final action in either approving, conditionally approving or denying the application.

The application shall be denied unless the council shall find, based upon evidence before it, that one of the following conditions exist:

A. The new sewer connection will replace an existing sewer connection at the same location with a use that produces a comparable amount of wastewater being discharged into the sewer system; or

B. A substantial increase in the use of an existing sewer connection to the sewer system will be offset by an equal reduction to the use of another existing connection to the sewer system which is owned by, or within the control of, the applicant; or

C. The new sewer connection or increased sewer usage is of a temporary nature and it will occur only during periods of the year when wastewater being treated in the treatment facility is at its minimum level and the treatment facility is thereby capable of handling said new or increased temporary service without any risk of violating the discharge requirements or the cease and desist order.

If the council finds that any of such conditions applies, it may, in its sole discretion, grant the request contained in the application on such terms and conditions that the council deems necessary to protect the city and the health and welfare of its residents. Said conditions may include a requirement that the applicant provide of the city with cash deposits or other forms of performance security acceptable to the city council to ensure the compliance by the applicant with any conditions imposed upon said approval by the city council.

Any new sewer connection or increased usage of an existing sewer connection which has been approved by the council in accordance with section 9.16.040, and any sewer connection to the sewer system violates the terms of this chapter, may be revoked at any time by the council, following a public hearing of which the applicant and fee owner of the structure or real property served by the connection has been given not less than ten days' written notice of said hearing.

The council may revoke said approval if it determines that:

A. The approved use of the new connection, the approved increased use of an existing sewer connection, or the use of an existing sewer connection to the sewer system violates the terms and conditions under which it was previously approved by the council, or on the case of an existing sewer connection to the sewer system, it violates the terms and conditions of the chapter; or

B. The use of the new connection or increased sewer service, or an existing sewer service, or an existing sewer connection in violation of the terms if this chapter, may subject the city to an enforcement proceeding initiated by the regional board or other authorities of the state or the federal government having jurisdiction over the treatment facility and the sewer system.

Upon the revocation of said permit, approval or license, the city may terminate sewer service to the property or structure that is served by said service by physically disconnecting that service from the sewer system in a public easement or public right-of-way and ordering that the property or structure previously served by said service be vacated until new sewer service is provided thereto under the provisions of this chapter. The disconnection of the service shall be accomplished in accordance with any other requirements of law or ordinances of the city that govern such action by the city.

Any person using the municipal sewer service who shall willfully violate any of the provisions of this chapter or fail to comply with the mandatory requirements of this chapter is guilty of a misdemeanor. Any person convicted of a misdemeanor for violation of this chapter shall be punishable by fine of not more than $1,000.00 or by imprisonment, not to exceed six months, or by both said fine and imprisonment. Each person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such a person, and he or she shall be punished accordingly.