DRAINAGE.

Feilding Star, Volume III, Issue 801, 11 February 1909, Page 3

DRAINAGE.

STORM WATER AND THE SEPTIC TANK. CASE BEFOR& THE COURT. Sven Sviendsen (Mr Oarty) 1 was> proceeded against by the Fending Borough Council (Mr Prior) at the S.M. Court this morning for allowing rain water to flow into the sewerage pipe. , ... After some argument by the solicitors, in which it was pointed out that the defendant had had a contract carried out by a licensed plumber, and passed by the borough officials, but it was not according to the borough bylaws, the Magistrate advised the parties with a view to arriving at an agreement by which the work could be carried out. Later on, Mr Prior intimated that no agreement could be arrived at, the question of costs interfering. The Magistrate said he would go on with the case. - . , Mr Carty raised an objection that the summons had a wrong date in it as to the passing of the by-law, xho Magistrate said he would take no notice of such objection. Mr Carty raised another objection to the wording of the by-law. He contended that in by-law 213 there should have been a full stop where there was a comma, as the premises were used as shops and for household purposes. He argued that in such a case as' that before the Court, he had the right to run storm water into the sewer. He admitted he was only taking advantage of the faulty construction of the by-law. Mr Prior said there was no doubt the intention of the by-law was that no storm or rain water should be allowed to enter the sewer. The Magistrate said the premises were used! for other than household purposes, and he ruSed that they were within the operation of the by-la.v. Wm. J. Roche, Borough Engineer, stated on oath that the rain water from the roof flower .into the zaaks, and the overflow from the tanks led straight over the gully traps into the sewer. A half-inch of rain on 'no roof of the building would deliver 800 gallons of water into the sewer. The defendant had been given several notices of the matter. To Mf Cavty, wtytaess said Mr O'Brien, Government Health Officer, frequently pawed drainage work, and that was accepted by the Engineer. He produced a plan showing how the work was to have been done, but there were no tanks shown on the plan, and - no water was, according to it, to be ied into the sewer. Arthur Newman, plumber, stated he had carried out the sewerage oon- , nection on the premises. When the work was done, the storm water was led through gullies into the sewer] and Mr Thomson pointed out to the defendant that the tank overflow pipes would have to be cut off cue gullies, to prevent the rain water from flowing into the sewer pipe. To Mr Carty: Before the connection with the sewer, all the soiled and waste water from the premises passed through the gullies into the street. After the job had been finished and smoke-tested, Mr O'Brien drew the defendant's attention to the storm water, saving it would have to be remedied. About twelve months ago the defendant had asked for a price for putting in a storm drain to take the water to the water table. Morgan O'Brien, the Government Health Officer, stated he had drawn the attention of the plumber to the fact that the storm water was aljowed to flow into the sewers. He also spoke to the Borough Engineer about it. and 'understood that the defendant's attention had been drawt to the matter. The work witness bad passed had nothing to do with allowing the storm water to flow into the sewer. / Mr Carty submitted the work had ■ been passed, and his client had thai protection. The Borough Council couuld go no further. Defendant was put in the box, and deposed that he had asked the contractor to instal the sewerage in accordance with the by-law. When finished, the contractor bad told him the -work was passed, and he had paid for it. Twelve months after Mr Roche . told him the work was not according to the borough by-law. The Inspector had also told him the work was all right. Mr Carty handed in a report of a case bearing on that before the Court. A convictioni was recorded, and v fine of ss, with - costs.