TOWN OF
SEWER USE LAW
LOCAL LAW #2
FOR 2000
ADOPTED
11/06/2000
AMENDED
08/01/2005
(WHICH INCORPORATES FEDERAL
PRETREATMENT LANGUAGE)
1
SHORT TITLE AND PURPOSE 1-1
2
DEFINITIONS 2-1
3
USE OF PUBLIC SEWERS REQUIRED
3-1
4
PRIVATE WASTEWATER DISPOSAL
4-1
5
NEW SEWERS or SEWER EXTENSIONS 5-1
6
BUILDING LATERALS, STREET LATERALS, CONNECTIONS, and
FEES 6-1
7
INFLOW 7-1
8
TRUCKED AND HAULED WASTES
8-1
9
DISCHARGE RESTRICTIONS 9-1
10
DISCHARGE PERMITS and PRETREATMENT
REQUIREMENTS 10-1
11 ENFORCEMENT and
PENALTIES 11-1
12
CHARGES 12-1
13
PUBLIC DISCLOSURE of POTW OPERATION
13-1
14
CONFLICTS, SEVERABILITY, EFFECTIVE DATE AND
APPLICABILITY 14-1
APPENDIX TABLE OF PARAMETERS OF CONCERN A-1
ARTICLE 1 - Short Title and
Purpose
Section 101 - Short
Title
Section 102 - General
Purpose
Section 103 - Specific
Purposes
Section 104 -
Replacement of Previous Sewer Use Law
ARTICLE 2 - Definitions
Section 201 - Defined
Terms
Section 202 -
Abbreviations
Section 203 - Undefined Terms
ARTICLE 3 - Use of Public
Sewers Required
Section 301 - Waste
Disposal Unlawful
Section 302 -
Connecting Private Sewage System to Storm Sewer Unlawful
Section 303 - Discharge
of Sewage into Well Prohibited
Section 304 -
Wastewater Discharge Unlawful
Section 305 - Building
Permit Allowed Only When Approved Wastewater Disposal Available
Section 306 - Private
Wastewater Disposal Unlawful
Section 307 -
Connection to Public Sewer Required
Section 308 - Limitation on Use of
Public Sewers
Section 309 -
Wastewater from Outside the POTW Service Area
-
Inter-municipal Agreements
Section 310 -
Moratorium
Section 311 - Basis of
Sewer Use Requirement
ARTICLE 4 - Private Wastewater
Disposal
Section 401 - Public
Sewer Unavailable - Private Wastewater Disposal Required
Section 402 -
Connection of Two Buildings to the Same
Septic Tank Prohibited
Section 403 -
Construction Permit Application
Section 404 -
Construction Permit
Section
405 - Preventing Nuisances - Rehabilitation Required
Section 406 - Sanitary
Operation Required
Section 407 - Septage Removal
Section 408 - Direct
Connection to New Public Sewers Required
Section 409 - Additional
Requirements
ARTICLE 5 - New Sewers or Sewer
Extensions
Section 501 - Proper Design
Section 502 A - New
Sewers Subject to Approval, Fees, Inspection, Testing, and Reporting
Section 502 B - Plans,
Specification, and Pipe Test Results Required
Section 503 A - Sewer Pipe
Section 503 B - Safety
and Load Factors
Section 503 C - Sewer
Pipe installation
Section 503 D -
Cleanout Installation
Section 504 - Manholes and Manhole Installation
Section 505 A -
Infiltration/Exfiltration Testing
Section 505 B - Test
Section
Section 505 C - Test
Period
Section 505 D - Pipe
Lamping
Section 505 E - Deflection
Testing
Section 505 F - Air
Testing Alternative
Section 505 G - Vacuum
Testing Alternative
Section 506 A - Force
Mains
Section 506 B - Force
Main Testing
Section 507 - Final Acceptance and Warranty/Surety
Section 508 - Liability Insurance Coverage During
Construction Period
ARTICLE 6 - Building Laterals,
Street Laterals,
Connections, and Fees
Section 601 A - Permit Required for Sewer Connections
Section 601 B -
Inflow/Infiltration Prohibited
Section 602 - Sewer Lateral Permits
Section 603 A - New
Building Laterals
Section 603 B -
Laterals Serving Several Buildings
Section 603 C -
Laterals Serving Complexes
Section 603 D - Dry Sewers
Section 604 - Using Existing Building Laterals
Section 605 - Lateral Pipe Materials
Section 606 A - Street Lateral to Public Sewer Connection
Section 606 B - Future
Connection Locations; As-Built
Drawings
Section 606 C - Special
Manhole Requirements
Section 607 - Laterals At and Near Buildings
Section 608 - Sewage Lifting
Section 609 - Lateral Pipe Installation
Section 610 A -
Watertight Joints
Section 610 B - Cast
Iron Pipe Poured Joints
Section 610 C - Cast
Iron Push Joints
Section 610 D - PVC
Push Joints
Section 611 A -
Building Lateral/Street Lateral Connection
Section 611 B -
Cleanout Repair/Replacement
Section 611 C - Street
Lateral Replacement; Ownership
Section 612
- Testing
Section 613 A - Connection Inspection
Section 613 B - Trench
Inspections
Section 614 - Public Safety Provisions Required;
Restoration of Disturbed Areas
Section 615 - Interior Clean-Out
Section 616 - Costs Borne by Owner
ARTICLE 7 - Inflow
Section 701 - New
Inflow Sources Prohibited
Section 702 - Existing
Inflow Sources Disconnected
Section 703 - Existing
Inflow Sources Disconnected When
Property Sold
Section 704 - No Re-connection of Inflow
Source Allowed
Section 705 - Charges
for Inflow
ARTICLE 8 - Trucked or Hauled
Waste
Section 801 - Licenses
and Application
Section 802 -
Concurrent Requirements
Section 803 - Dumping
Location and Timing
Section 804 -
Notification of Dumping
ARTICLE 9 - Discharge
Restrictions
Section 901 -
Pretreatment Standards
Section 902 - General
Prohibitions
Section 903 -
Concentration Based Limitations
Section 904 - Mass
Discharge Based Limitations
Section 905 -
Modification of Limitations
Section 906 - Access to
User's Records
Section 907 - Dilution
Section 908 - Grease,
Oil, and Sand Interceptors
Section 909 - Solid
Waste Grinders
Section 910 - Rejection
of Wastewater
ARTICLE 10 - Discharge Permits
and Pretreatment Requirements
Section 1001 - Wastewater Discharge Reports
Section 1002
- Notification to Industrial Users
Section 1003 A -
Wastewater Discharges
Section 1003 B -
Wastewater Discharge Permits Required For Significant Industrial Users
Section 1003 C - Other
Industrial Users
Section 1003 D -
Discharge Permits to Storm Sewers Not Authorized
Section 1004 A - Application for Wastewater Discharge Permits
Section 1004 B - Permit
Modifications
Section 1004 C - Permit
Conditions
Section 1004 D - Permit
Duration
Section 1004 E - Permit
Reissuance
Section 1004 F - Permit
Transfer
Section 1004 G - Permit
Revocation
Section 1004 H - Public
Notification
Section 1005 - Reporting Requirements for Permittee
Section 1006 - Flow Equalization
Section 1007 - Monitoring Stations (Control Manholes)
Section 1008 -
Proper Design and Maintenance of
Facilities and Monitoring Stations
Section 1009 - Vandalism, Tampering with Measuring Devices
Section 1010 - Sampling and Analysis
Section 1011 - Accidental Discharges; SPCC Plan
Section 1012 - Posting Notices
Section 1013 - Sample Splitting
Section 1014 - Public Access to Information Maintained by
the District Operator
Section 1015 A - Access to Property and Records
Section 1015 B - Access
to Easements
Section 1015 C -
Liability of Property Owner
Section 1016 - Special Agreements
ARTICLE 11 - Enforcement and
Penalties
Section 1101 -
Enforcement Response Plan
ADMINISTRATIVE REMEDIES
Section 1102 -
Notification of Violation
Section 1103 - Consent
Orders
Section 1104 - Administrative
or Compliance Orders
Section 1105 -
Administrative Fines
Section 1106 - Cease
and Desist Orders
Section 1107 -
Termination of Permit
Section 1108 - Water
Supply Severance
Section 1109 - Show
Cause Hearing
Section 1110 - Failure
of User to Petition the District Operator
Section 1111 - Notice
Section 1112 - Right to
Choose Multiple Remedies
JUDICIAL REMEDIES
Section 1113 - Civil
Actions for Penalties
Section 1114 - Court
Orders
Section 1115 - Criminal
Penalties
Section 1116 -
Injunctive Relief
Section 1117 - Summary
Abatement
MISCELLANEOUS
Section 1118 - Delinquent
Payments
Section 1119 -
Performance Bonds
Section 1120 -
Liability Insurance
Section 1121 -
Informant Rewards
Section 1122 - Public
Notification
Section 1123 - Contractor
Listings
ARTICLE 12 - Charges
Section 1201 - Normal
Sewage Service Charges
Section 1202 -
Surcharge for Abnormal Sewage
Section 1203 - Total
Sewer Service Charge
Section 1204 -
Segmenting the POTW
Section 1205 -
Measurement of Flow
Section 1206 - Billing
Period
Section 1207 - Pretreatment
Program Costs
Section 1208 - Charges
for Trucked or Hauled Waste
Section 1209 - Capital
Recovery
Section 1210 -
Collection of Charges
Section 1211 - Fiscal
Year for System
Section 1212 - Impact
Fees
Section 1213 - Use of
Revenues
Section 1214 - Records
and Accounts
ARTICLE 13 - Public Disclosure
of POTW Operations
Section 1301 - POTW
Operations Open to the Public
Section 1302 -
Procedural Requirements Available
Section 1303 - Validity
Through Public Inspection
ARTICLE 14 - Conflicts,
Severability, Effective Date and Applicability
Section 1401 -
Conflicts
Section 1402 -
Severability
Section 1403 -
Effective Date
Section 1404 - Applicability
APPENDIX - Parameters of
Concern
Class A - Halogenated Hydrocarbons
Class B - Halogenated
Organics (Other than Hydrocarbons)
Class C - Pesticides
(Includes Herbicides, Algaecides, Biocides, Slimicides
and Mildewcides)
Class D - Aromatic
Hydrocarbons
Class E - Tars
Class F - Subsituted Aromatics (Other than Hydrocarbons and
Non-Halogenated)
Class G - Miscellaneous
Class M - Metals and
their Compounds
END OF TABLE OF CONTENTS
SHORT TITLE AND PURPOSE
Section 101 - Short Title
Section 102 - General Purpose
Section 103 - Replacement of
Previous Sewer Use Law
Section
101 - Short Title
For brevity and ease of communication,
this Law may be cited as the Town of
Section
102 - General Purpose
The purpose of this Law is to provide
for the maximum possible beneficial public use of the Town wastewater
facilities and prevent public health problems through regulation of sewer
construction, sewer use and wastewater discharges. This Law shall also provide for procedures for
complying with the requirements contained herein and penalties for violation
thereof. The provisions of this Law
shall apply to the discharge of all wastewater facilities to the Town. This Law provides for use of the Town
wastewater facilities, regulation of sewer construction, control and assurance
that existing customers' capacity will not be preempted, approval of sewer
construction, construction plans, separate contracts for significant industrial
users, minimum sewer connection standards and conditions, and penalties and
other procedures in cases of violation of this Law.
END OF ARTICLE 1
DEFINITIONS
Section 201 - Defined Terms
Section 202 - Abbreviations
Section 203 - Undefined Terms
Section
201 - Defined Terms
Unless otherwise stated in the section
where the term is used in this Law, the meaning of terms used in this Law shall
be as stated below. When not
inconsistent with the context, the present tense shall include the future, and
words used in the plural shall include the singular and vice versa. Furthermore, a masculine pronoun shall
include the feminine. Shall is
mandatory; may is permissive.
Abnormal
Sewage - Sewage whose concentration of one or more characteristics of normal
sewage exceeds the maximum concentrations of the characteristics of normal
sewage. See normal sewage.
Act
or "The Act" - The Federal Water Pollution Control Act, also known as
the Clean Water Act, as amended, 33 U.S.C. 1251, et seq., as may be amended.
Administrator - The Regional Administrator of the
Ammonia
- The result obtained, using an approved laboratory procedure, to determine the
quantity of ammonia in a sample, expressed as milligrams of nitrogen per liter.
Applicant
- That person who makes application for any permit. The applicant may be an owner, new or old, or
his agent.
Approval
Authority - The USEPA, or the New York State
Department of Environmental Conservation (NYSDEC), in the event the NYSDEC is
delegated approval authority responsibility by the USEPA.
Approved
Laboratory Procedure - The procedures defined as 'Standard Methods' in this
article, or other procedures approved by the District Operator, for flow
measurement or determination of the concentration of pollutants or their
surrogates in waters, wastewaters, and/or sludges.
ASTM,
denoting American Society for Testing and Materials -
The latest edition of any ASTM specification, when stipulated in this
Law.
Authorized
Representative of the Industrial User - An authorized representative of the
industrial user may be :
(a) A principal executive officer of at least
the level of
vice-president, if the industrial user
is a corporation;
(b) A general partner or proprietor, if
the industrial
user is a partnership or
proprietorship, respectively;
(c) A duly authorized representative of
the individual
designated above, if such
representative is responsible for the overall operation of the facilities
from which the
indirect discharge originates.
BOD,
denoting Biochemical Oxygen Demand - The result obtained when using an approved
laboratory procedure to determine the quantity of oxygen utilized in the
aerobic biochemical oxidation of organic matter or in a sample, expressed in
milligrams per liter.
Builder
- Any person who undertakes to construct a building
or
any part of a building, either under contract or for
resale.
Building Drain - That part of the lowest horizontal piping of a
building drainage system which receives the discharge from soil, waste, and
other drainage pipes inside the building walls, and conveys it to the building
lateral, which begins five (5) feet
outside the inner face of the building wall.
Chlorine
Demand - The result obtained when using an approved laboratory procedure to
determine the difference between the amount of
chlorine added to a sample and the amount of chlorine remaining in the sample
at the end of a specified
contact time at room temperature, expressed in milligrams per
liter.
COD,
denoting Chemical Oxygen Demand - The result obtained when using an approved
laboratory procedure to measure the oxygen requirement of that portion of
matter, in a sample, that is susceptible to oxidation, by a specific chemical
oxidant, expressed in milligrams per liter.
Color
- The optical density at the visual wave length of maximum absorption, relative
to distilled water. One hundred percent (100%) transmittance is equivalent to
zero (0.0) optical density.
Composite
Sample - The sample resulting from the combination
of
individual samples of wastewater taken at selected intervals, for a specified
time period. The individual samples may
have equal volumes or the individual volumes may be proportioned to the flow at
the time of sampling.
Connection
- Attachment of one user to a sewer. (See Extension).
Connection
Charge (Tap Fee) - The one time application fee to offset Town expenses to
process an application for a connection of a building/street lateral to the
public sewer. The fee also covers plan
review, permit issuance, street repair cost, and inspection costs. The fee may be scaled to the amount of work
involved, or to the size of the public sewer involved.
Control
Authority - The term shall refer to "Approval Authority",
or to the District Operator when Town has an approved pretreatment program
under the provisions of 40 CFR 403.11.
Control
Manhole - A manhole accessible to the Control Authority in or upstream of the
street lateral, such that samples collected from the manhole represent the
discharge to
the
POTW.
Conventional
Pollutant - A pollutant that the POTW treatment plant was designed to treat,
defined in accordance with the Act.
Cooling
Water - The water discharged from any system of condensation, air conditioning,
refrigeration, or other
sources. It shall contain no polluting substances which would produce COD or suspended solids in excess of
five (5) milligrams per liter, or toxic substances, as limited elsewhere in
this Law.
County
- The county in which the Town is located.
CVT
- A symbol used in this model law to designate the municipality as the City,
Town, or Town, whichever is appropriate.
Developer
- Any person who subdivides land for the purpose of constructing, or causing to
be constructed, buildings for which wastewater disposal facilities are
required.
Direct
Discharge - The discharge of treated or untreated wastewater directly to the
Waters of the State of
Domestic
Wastes - see Sewage, Domestic.
Dry
Sewers - The sanitary sewer installed in anticipation of future connection to a
POTW but which is not used, in the meantime, for transport of storm or sanitary
sewage.
End
of Pipe - For the purpose of determining compliance with limitations prescribed by Article 9, end of
pipe shall mean the control manhole, provided the samples collected from the
control manhole are representative of the discharge to the POTW.
End
of Pipe Concentration - The concentration of a substance in a sample of
wastewater at end of pipe.
End
of Process Concentration - see National Categorical Pretreatment Standard.
Easement
- An acquired legal right for the specific use of land owned by others.
EPA,
USEPA, or U.S. Environmental Protection Agency - The agency of the federal
government charged with the administration and enforcement of federal
environmental laws, rules, and regulations. Also may be used as a designation for the Administrator
or other duly authorized official of this Agency.
Extension
- Attachment of a sewer line, with more than one user, to an existing sewer
line.
Facility
- All buildings, other structures, grounds and contiguous property at any
locations related to or connected with a user at the user's location.
Floatable
Oil - Oil, grease, or fat in a physical state such that it will separate by
gravity from wastewater by treatment in a wastewater treatment facility.
Flow
Rate - The quantity of liquid or waste that flows in a certain period of time.
Garbage
- The solid wastes from the preparation, cooking, and dispensing of food, from the handling,
storage, and sale of produce, and from the packaging and canning of food.
Grab
Sample - A single sample of wastewater representing the physical, chemical, and
biological characteristics of the wastewater at one point and time.
ICS
Form - The form used by the NYSDEC to survey industries to perform and update the Industrial
Chemical Survey.
Indirect Discharge - The introduction of wastewater into a POTW for
treatment and ultimate discharge of the treated effluent to the State's Waters.
(For
reference, see Direct Discharge)
Industrial
- Meaning or pertaining to industry, manufacturing, commerce, trade, business,
or institution, and is distinguished from domestic or residential.
Industrial
Chemical Survey (ICS) - The survey of industries in New York State, initiated
by the NYSDEC, to determine chemical usage and storage by those industries.
Industrial
User - See User, Industrial
Industrial Wastes - The liquid or liquid-carried solid, liquid and/or
gaseous wastes from industrial manufacturing processes, trade, service,
utility, or business, as distinct from sanitary sewage.
Infiltration
- Water, other than wastewater, that enters a sewer
system (excluding building drains) from the ground through such means as
defective pipes, pipe joints, connections, or manholes. Infiltration does not
include, and is distinguished from, inflow. Infiltration is inadvertent, that
is, not purposely designed or built into the sewer or
drain.
Inflow
- Water, other than wastewater, that enters a sewer system (including building
drains) from sources such as, but not limited to, roof leaders, cellar drains,
area drains,
drains from springs and swampy areas, manhole covers, cross connections
between storm sewers and sanitary sewers, catch
basins, cooling towers, storm waters, foundation drains, swimming pools,
surface runoff, street wash waters, or drainage. Inflow does not include, and
is distinguished from,
infiltration. Inflow is purposely designed and/or built into the
sewer or drain.
Interference
- A discharge which, alone or in conjunction with discharges by other sources,
(a) inhibits or
disrupts the POTW, its treatment processes or operations, or its sludge
processes, use or disposal; and
(b) therefore is a cause of a violation of any
requirement of the Town POTW's SPDES permit (including an increase in the magnitude or
duration of a violation) or of the prevention of sewage sludge use or disposal
by the POTW in accordance with the following statutory provisions and regulations or permits
issued thereunder (or more stringent State or local regulations):
i-Section
405 of the Clean Water Act,ii-the Solid Waste
Disposal Act (SWDA) (including Title II, more commonly referred to as the
Resource Conservation and Recovery Act - RCRA), and including State regulations
contained in any State sludge management plan prepared pursuant to Subtitle D
or the SWDA),iii-Clean Air Act,iv-Toxic Substance
Control Act, andv-Marine Protection Research and
Sanctuaries Act.
Lateral,
Building - The sewer extension from the building drain to the Street Lateral or
other place of wastewater
disposal.
Lateral, Street - The sewer extension from the public sewer to the
property line.
National
Categorical Pretreatment Standard, or Categorical Standard - Any regulation
containing pollutant discharge limits promulgated by the EPA in accordance with
Section 307 (B) and (C) of the Act (22 U.S.C. 1347), which applies to a
specific category of industrial users. These standards apply
at
the end of the categorical process ("end of process").
National
Pollutant Discharge Elimination System (NPDES) Permit- A permit issued pursuant to
Section 402 of the Act (33 U.S.C. 1342).
National
Prohibitive Discharge Standard, or Prohibitive Discharge Standard - Any
regulation developed under the authority of Section 307 (B) of the Act, and 40
CFR, Section 403.5.
Natural
Outlet - Any outlet, including storm sewers and combined sewer overflows, to
State's Waters.
New
Owner - That individual or entity who purchased
property within the Service Area of the Town after the effective date of this
law.
New
Source - Any source, the construction of which is commenced after the
publication of the proposed regulation prescribing a Section 307 (C) (33 U.S.C
1317) Categorical
Pretreatment
Standard which will be applicable to such source, if such standard is thereafter
promulgated.
New
User - A discharger to the POTW who commences discharge after the effective date of this Law.
Normal
Sewage - see Sewage,
Nuisance
- The use or lack of use of the POTW in such a manner so as to endanger life or
health, give offense to the senses, or obstruct or otherwise interfere with the
reasonable use or maintenance of the POTW.
Oil
and Grease - The result obtained when using an approved laboratory procedure to
determine the quantity of fats, wax, grease, and oil, in a sample, expressed in
milligrams per
liter.
Old
Owner - That individual or entity who owns or owned a property, within the
Service Area of the POTW, purchased prior to the effective date of this Law,
who or inherited the property at any time and intends to sell the property, or
has sold the property to a new owner, also the agent of the old owner.
Other
Wastes - Garbage (shredded or unshredded), refuse,
wood, egg shells, coffee grounds, sawdust, shavings, bark, sand, lime, ashes,
and all other discarded matter not normally present in sewage or industrial
wastes. Also, the discarded matter not normally present in sewage or industrial
waste.
Pass
Through - The discharge which exits the Town POTW into waters of the State in
quantities, which, alone or in conjunction with Discharges from other sources,
is a cause of a violation of any requirement of the POTW's
SPDES permit (including an increase in the magnitude or duration of a
violation).
Permit
- A temporary revocable written document allowing use of the POTW for specified
wastes over a limited period of time, containing sampling locations and
reporting frequencies, and requiring other actions as authorized by this Law.
Person
- Any individual, public or private corporation, political subdivision,
Federal, State, or local agency or entity, association, trust, estate or any
other legal entity whatsoever.
pH
- The logarithm (base 10) of the reciprocal of the weight
of
hydrogen ions, in gram moles per liter of solution. A pH value of 7.0, the pH
scale midpoint, represents neutrality.
Values above 7.0 represent alkaline conditions. Values below 7.0
represent acid conditions.
Phosphorus,
total - See total phosphorus.
Pollutant
- Any material placed into or onto the State's waters, lands and/or airs, which
interferes with the beneficial use of that water, land and/or air by any living
thing at any time.
Pollution
- The man-made or man-induced alteration of the chemical, physical, biological,
and/or radiological integrity of the State's waters, lands and/or airs
resulting from the
introduction of a pollutant into these media.
Pretreatment
(Treatment) - The reduction of the amount of pollutants, the elimination of
pollutants, or the alteration of the nature of pollutant properties in wastewater
to a less harmful state prior to or in lieu of discharging or otherwise
introducing such pollutants into a POTW. The reduction or alteration can be
achieved by physical, chemical, or biological process, process changes, or by
other means,
except as prohibited by 40 CFR, Section 403.6 (D).
Pretreatment
Requirements - Any substantive or procedural
requirement related to pretreatment, other than a National
Pretreatment
Standard imposed on an industrial user.
Pretreatment
Standard or National Pretreatment Standard -
Any Categorical Standard or Prohibitive Discharge Standard.
Priority
Pollutants - The most recently revised or updated
list, developed by the EPA, in accordance with the Act.
Prohibitive
Discharge Standard - see National Prohibitive
Discharge
Standard.
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,
and with no particle having a dimension greater than one-half (1/2) inch in any
dimension.
POTW
Treatment Plant - That portion of the POTW designed to
provide treatment to wastewater, and to treat sludge and
residuals derived from such treatment.
Publicly
Owned Treatment Works (POTW) - A treatment works, as
defined by Section 212 of the Act, (33 U.S.C 1292), which is owned, in this
instance, by Town. This definition includes any sewers and appurtenances that
transport wastewater to the POTW treatment plant, but does not include pipes,
sewers, or other conveyances not connected directly or indirectly to a facility
providing treatment.
Receiving
Waters - A natural water course or body of water (usually Waters of the State)
into which treated or untreated sewage is discharged.
Records
- Shall include, but not be limited to, any printed, typewritten, handwritten
or otherwise recorded matter of whatever character (including paper or
electronic media), including but not limited to, letters, files, memoranda,
directives, notes and notebooks, correspondence, descriptions, telephone call
slips, photographs, permits, applications, reports, compilations, films, graphs
and inspection reports. For the purposes of this law, records shall mean
records of and relating to waste generation, reuse and disposal, and shall
include records of usage of raw materials.
Roof
Drain - A drain installed to receive water collecting on the surface of a roof
for disposal.
Septage - All liquids and solids in and removed from septic tanks, holding
tanks, cesspools, or approved type of chemical toilets, including but not
limited to those serving private residences, commercial establishments, institutions,and industries. Also sludge
from small sewage treatment plants. Septage
shall not have been contaminated with substances of concern or priority
pollutants.
Septic
Tank - A private domestic sewage treatment system consisting of an underground
tank (with suitable baffling), constructed in accordance with any and/or all
local and State requirements.
Service
Area of the POTW - The legally defined bounds of real property from which
wastewater may be discharged into the POTW.
The bounds shall be established, altered, changed,
modified, reduced, enlarged, combined, or consolidated by
action of the Town Board.
Sewage
- A combination of the water-carried wastes from residences, business
buildings, institutions, and industrial establishments, and such ground,
surface, and storm water as may be inadvertently present. The admixture of
sewage, as defined above, with industrial wastes and other wastes shall also be considered "sewage",
within the meaning of this definition.
Sewage,
Domestic (Domestic Wastes) - Liquid wastes from the non-commercial preparation, cooking, and
handling of food, liquid wastes containing human excrement and similar matter
from the sanitary conveniences in dwellings, commercial buildings, industrial
buildings, and institutions, or liquid wastes from clothes washing and/or
floor/wall washing. Therefore, domestic sewage includes both black water and
grey water. (See Sewage, Sanitary)
Sewage,
(a) B.O.D. (Five Day) - 2090 lbs. per
million gallons (250 milligrams per
liter), or less.
(b) Suspended Solids - 2500 lbs. per
million gallons
(300 milligrams per liter), or less.
(c) Phosphorus - 125 lbs. per million gallons
(15 milligrams per
liter), or less.
(d) Ammonia - 250 lbs. per million gallons
(30 milligrams per
liter), or less.
(e) Total Kjeldahl
Nitrogen - 417 lbs. per million (50 milligrams per liter), or
less.
(f) Chlorine Demand - 209 lbs. per
million gallons (25
milligrams per liter), or less.
(g) Chemical Oxygen Demand - 2920 lbs. per
million gallons (350 milligrams per liter),
or less
(h) Oil and Grease - 830 lbs. per million
gallons (100 milligrams
per liter), or less.
In
spite of satisfying one or more of these characteristics, if the sewage also contains substances
of concern, it may not be considered
normal sewage.
Sewage,
Sanitary - Liquid wastes from the sanitary conveniences of dwellings (including
apartment houses and hotels), office buildings, factories, or institutions, and
free from storm water, surface water, industrial, and other wastes. (See
Domestic Wastes).
Sewage
Treatment Plant (Water Pollution Control Plant) - see POTW Treatment Plant.
Sewage, Unusual Strength or Character - Sewage which has
characteristics greater than those of Normal Sewage and /or which contains
Substances of Concern.
Sewer
- A pipe or conduit for carrying or transporting sewage.
Sewer Board
The management agency set up by an inter-municipal agreement for the NYS Route Sewer Project.
Sewer,
Combined - A sewer designed to receive and transport both surface runoff and
sewage.
Sewer,
Public - A sewer in which all abutting property owners have equal rights, and the use of
which is controlled by the Town.
Sewer,
Sanitary - A sewer which carries sewage, and to which storm, surface, and groundwaters are not intentionally
admitted.
Sewer,
Storm (Storm Drain) - A sewer which carries storm and
surface waters and drainage, but excludes sewage and industrial wastewaters,
other than cooling waters and other unpolluted waters.
Sewerage
System (also POTW) - All facilities for collecting, regulating, pumping, and
transporting wastewater to and away from the POTW treatment plant.
Sewerage
Surcharge - The demand payment for the use of a public sewer and/or sewage
treatment plant for the handling of any sewage, industrial wastes, or other
wastes accepted for admission thereto in which the characteristics thereof
exceed the maximum values of such characteristics in normal sewage. (See Volume Charge.)
Significant
Industrial User - see User, Significant Industrial
Significant
Non-Compliance (SNC) - A User is in significant non- compliance if its
violation(s) meet(s) one or more of the following criteria:
(a)
Chronic violations of wastewater discharge limits , defined here as those, in
sixty-six (66) percent or
more of all of the measurements taken during a six- month period, which exceed (by any
magnitude) the daily
maximum limit or average limit for the same pollutant parameter;
(b)
Technical Review Criteria (TRC) violations, defined here as those, in
which thirty-three (33) percent or more of all of the measurements for each
pollutant parameter taken
during a six-month period, which
equal or exceed the product of the daily maximum limits multiplied by the
applicable TRC (TRC = 1.4
for BOD, TSS, fats, oil and grease; TRC = 1.2 for all other pollutants);
(c)
Any other violation of a pretreatment effluent limit (daily maximum or long-term average) that
the District Operator determines has
caused, alone or in combination with
other discharges, interference or
pass through (including endangering the health of POTW personnel or the general public);
(d)
Any discharge of a pollutant that has caused imminent endangerment to
human health, welfare or to the environment or has resulted in the District
Operator's exercise of its emergency authority under Article 11 of this Law;
(e)
Failure to meet, within 90 days after the schedule date, a compliance schedule milestone
contained in a local control mechanism or enforcement order for starting construction, completing
construction, or attaining final compliance;
(f)
Failure to provide, within 30 days after the due date, required reports such as baseline
monitoring reports, 90-day
compliance reports, periodic self- monitoring reports, and reports on
compliance with compliance schedules;
(g)
Failure to report accurately any non-compliance;
(h)
Any other violation which the District Operator determines will
adversely affect the implementation or operation of the local pretreatment
program.
Slug
- A substantial deviation from normal rates of discharge or constituent concentration (see
normal sewage) sufficient to cause interference. In any event, a discharge which, in
concentration of any constituent or in quantity of flow, that exceeds, for any
period of duration longer than fifteen (15) minutes, more than five (5) times
the average twenty-four (24) hour concentration or flow during normal user
operations, shall constitute a slug.
Standard
Industrial Classification (SIC) - A classification pursuant to the Standard
Industrial Classification Manual issued by the Executive Office of the
President, Office of Management and Budget, 1972, and subsequent revisions.
Standard
Methods - Procedures contained in the latest edition of "Standard Methods
for the Examination of Water and Wastewater", published by the American
Public Health Association, procedures established by the Administrator,
pursuant to Section 304 (G) of the Act and contained in 40 CFR, Part 136, and
amendments thereto. (If 40 CFR, Part 136 does not include a sampling or
analytical technique for the pollutant in question, then procedures set forth
in EPA publication, "Sampling and
Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants",
April 1977, and amendments thereto, shall be used.), any other procedure
approved by the Administrator, or any other procedure approved by the District
Operator, whichever is the most conservative.
State - State of
State's Waters - See Waters of the State.
Storm
Water - Any flow occurring during or following any form of natural precipitation; also the
flow resulting therefrom.
Substances
of Concern - Those compounds which the New York State Department of
Environmental Conservation has determined may be harmful to man or the
environment.
Sump
Pump - A
mechanism used for removing water from a sump or wet well.
District
Operator - That individual nominated by the Town Supervisor and confirmed by the Town Board,
as the District Operator of Water and Wastewater. Such an individual shall be licensed to
practice engineering in the State, and otherwise qualified to oversee water
treatment and distribution and POTW operations.
This definition shall also include his authorized deputy, agent, or
representative.
Suspended
Solids - The result obtained, using an approved laboratory procedure, to
determine the dry weight of solids, in a sample, that either float on the
surface of, or are in suspension, or are settleable,
and can be removed from the sample by filtration, expressed in milligrams per
liter.
Total Kjeldahl Nitrogen (TKN) - The result
obtained, using an approved laboratory procedure, to determine the quantity of
ammonia in a sample and released during the acid digestion of organic nitrogen
compounds, expressed as milligrams of nitrogen per liter.
Total
Phosphorus - The result obtained, using an approved laboratory procedure, to
determine the total quantity of orthophosphate, in a sample of wastewater,
following the hydrolysis of phosphorus compounds, expressed as milligrams of
phosphorus per liter of sample.
Town - The Town of
Toxic
Substances - Any substance, whether gaseous, liquid, or solid, that when discharged to a public sewer
in sufficient quantities may be
hazardous to POTW operation and maintenance personnel, tend to interfere with any biological sewage
treatment process, or to constitute a hazard to recreation in the receiving waters, due to the effluent from a
sewage treatment plant or overflow
point. Any pollutant or combination of
pollutants listed as toxic in regulations promulgated by the EPA under
provisions of CWA 307 (A), or other Acts.
User
- Any person who contributes, causes, or permits the contribution of wastewater
into the POTW.
User, Existing - A discharger to the POTW who is discharging on or
before the effective date of this Law.
User, Industrial - A discharger to the POTW who discharges non-domestic
wastewaters.
User, New - A discharger to the POTW who initiates discharge after the
effective date of this Law.
User,
Significant Industrial (SIU) - An industrial user of the Town's POTW who is:
(a) Subject to National Categorical
Pretreatment
Standards promulgated by the EPA,
(b) Having substantial impact, either singly
or in combination with other industries, on the operation of the
treatment works,
(c) Using, on an annual basis, more than
10,000 lbs or 1,000 gallons of raw material containing priority pollutants
and/or substances of concern and discharging a measurable quantity of these
pollutants to the sewer system,
(d) Discharging more than five percent (5%) of
the flow or load of conventional pollutants received by the POTW treatment
plant.
*Note: A user discharging a
measurable quantity of a pollutant may be classified as non-significant
if, at the influent to
the POTW treatment plant, the
pollutant is not detectable.
Volume
Charge (User Charge) - The demand sewer use charge which is based, in part or
wholly, on the volume of normal sewage discharged into the sewage collection system(there may be surcharges, as provided for in Article
12). The volume charge shall be based on a specific cost per 1,000 gallons. The
specific charge shall be subject to approval by the Town Board. The moneys so obtained shall be used for
charges incurred for disposal to the Fort Drum Collection System, DANC Collection
System, and the City of
Wastewater
- The liquid and water-carried industrial or domestic wastewaters from
dwellings, commercial establishments, industrial facilities, and institutions,
together with any groundwater, surface water, and storm water that may be
present, whether treated or untreated, which is contributed into or permitted
to enter the POTW.
Wastewater
Discharge Permit Δ A permit as set forth in Article 10
of this Law.
Wastewater,
Unusual Strength or Character Δ see Sewage, Unusual Strength or Character.
Waters
of the State (State's Waters) - All streams, lakes, ponds, marshes, water
courses, waterways, wells, springs, reservoirs, aquifers, irrigation systems,
drainage systems, and all other bodies or accumulations of water, surface or
underground, natural or artificial, public or private, which are contained within,
flow through, or border upon the State or any portion thereof.
Section
202 - Abbreviations
The following abbreviations shall have
the designated meanings:
ANSI-American National Standards InstituteASTM-American Society for Testing and MaterialsAWWA-American Water Works AssociationBOD-Biochemical
Oxygen DemandCFR-Code of Federal RegulationsCPLR-Code
of Public Law and RulesCOD-Chemical Oxygen DemandEPA-Environmental Protection AgencyL-LiterMg-MilligramMg/l-Milligrams
per literNCPI-National Clay Pipe InstituteNPDES-National
Pollutant Discharge Elimination SystemNYSDEC-New York
State Department of Environmental ConservationNYSDOH-New
York State Department of HealthNYSDOT-New York State
Department of TransportationP-Total PhosphorusPSI-Pounds per Square InchPOTW-Publicly
Owned Treatment WorksPPM-Parts per Million, weight basisSIC-Standard Industrial ClassificationSPDES-State
Pollutant Discharge Elimination SystemSWDA-Solid
Waste Disposal Act, 42 U.S.C. 690 L, et seq.U.S.C.-United
State Code of LawsUSEPA-United State Environmental
Protection AgencyTSS-Total Suspended Solids
Section
203 - Undefined Terms
Terms not defined in this article, or
terms found to be ambiguous or improperly defined in this article, shall be
defined by the Act, or Regulations, pursuant thereto.
END OF ARTICLE 2
USE OF PUBLIC SEWERS REQUIRED
Section 301 - Waste Disposal
Unlawful
Section 302 - Connecting
Private Sewage System to Storm Sewer
Unlawful
Section 303 - Discharge of
Sewage into Well Prohibited
Section 304 - Wastewater
Discharge Unlawful
Section 305 - Building Permit
Allowed Only When Approved
Wastewater Disposal Available
Section 306 - Private
Wastewater Disposal Unlawful
Section 307 - Connection to
Public Sewer Required
Section 308 - Limitation on Use
of Public Sewers
Section 309 - Wastewater from
Outside the POTW Service Area
- Inter-municipal
Agreements
Section 310 - Moratorium
Section 311 - Basis of Sewer
Use Requirement
Section
301 - Waste Disposal Unlawful
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 Town or in any area under the jurisdiction of
the said municipality, any human or animal excrement, garbage, or objectionable
waste. Also, no person shall discharge domestic sewage onto the surface of the
ground or discharge it in a way that permits it to come to the surface of the
ground.
Section
302 - Connecting Private Sewage system to Storm Sewer Unlawful
No person shall connect a private
sewage system so that sewage flows into a storm sewer or into a drain intended
exclusively for storm water.
Section
303 - Discharge of Sewage into Well Prohibited
No person shall discharge sewage into a
well.
Section
304 - Wastewater Discharge Unlawful
It shall be unlawful to discharge to
any natural outlet, within Town or in any area under the jurisdiction of the
said municipality, any wastewater or other polluted waters, except where
suitable treatment has been provided in accordance with subsequent provisions
of this Law.
Section
305 - Building Permit Allowed Only When Approved Wastewater Disposal Available
No property owner, builder, or
developer shall be issued a building permit for a new dwelling or structure
requiring sanitary facilities unless a suitable and approved method of
wastewater disposal, conforming to this Law, is available. All housing
construction or building development which takes place after this Law is
enacted shall provide for an approved system of sanitary sewers.
Section
306 - Private Wastewater Disposal Unlawful
Except as hereinafter provided, it
shall be unlawful to construct or maintain any privy, privy vault, cesspool,
septic tank, or other facility intended or used for disposal of
wastewater. Maintenance and upkeep of
any and all private systems permitted for private use shall be the sole responsibility
of the Owner.
Section
307 - Connection to Public Sewer Required for New Buildings
The owner(s) of all new houses,
buildings, or properties used for human occupancy, employment, recreation, or
other purposes, 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 sewer, is hereby required, at the owner's expense to install suitable
sanitary facilities therein, and to connect such facilities directly with the
proper public sewer, in accordance with the provisions of this law, within
ninety (90) days after official notice to do so, provided that said public
sewer is within one hundred (100) feet (30.5 meters) of the property line.
Section
308 - Limitation on Use of Public Sewers
The use of the Town public sewers shall be
strictly limited and restricted, except as provided in Section 307, to receive
and accept the discharge of sewage and other wastes generated on or discharged
from real property within the bounds of the Service Area of the POTW.
Section
309 - Wastewater from Outside the POTW Service Area
- Inter-municipal Agreements
The Town Board, on the recommendation
of the a professional engineer shall have the authority to enter into
agreements to accept sewage and other wastes, including industrial wastes,
generated by or discharged from persons outside the service area of the
POTW. The Town is a party to a certain
Inter-Municipal Agreement with the Towns of Rutland, LeRay and Pamelia, and the
Town of Black River creating the Route 3 Sewer Board has contracted with the
Development Authority of the North Country (DANC) to discharge it's wastewater
in the DANC Fort Drum line for delivery to the City of Watertown Wastewater
Pollution Control Facility for treatment.
If the person is a municipality, that
municipality shall have enacted a Sewer Use Law as restrictive on the discharge
of sewage and other wastes as the restrictions contained in this Law.
If the person is not a municipality the
acceptance shall be made only with the expressed written consent of the Town
Board setting forth the terms and conditions of such a
acceptance.
Section
310 - Moratorium
At the recommendation of the District
Operator, who determines that:
(1) one or more
segments of the POTW is exceeding its hydraulic capacity at any time
(2) any specific
purpose of this Law is being violated
The Town Board shall have the authority
to limit or deny new connections to the POTW until the conditions leading to
the moratorium are corrected. Such
correction may be by:
(1) construction of new
facilities
(2) enlarging existing
facilities
(3) correction of
inflow and infiltration
(4) cleaning and
repairing of existing facilities
Section
311 - Basis of Sewer Use Requirement
All requirements, directives, and
orders calling for mandatory use of the sewers, within the Service Area of the
POTW, for the proper discharge of sewage and other wastes, including industrial
wastes, shall be established and given by the Town Board, NYSDEC, USEPA, and/or
other such State or Federal agencies, which have enforcement powers.
Section 401 - Public Sewer
Unavailable - Private Wastewater Disposal
Required
Section 402 - Connection of Two
Buildings to the Same Septic Tank Prohibited
Section 403 - Construction
Permit Application
Section 404 - Construction
Permit
Section 405 -
Preventing Nuisances - Rehabilitation Required
Section 406 - Sanitary
Operation Required
Section 407 - Septage Removal
Section 408 - Direct Connection
to New Public Sewers
Required
Section 409 - Additional
Requirements
Section
401 - Public Sewer Unavailable - Private Wastewater Disposal Required
Where a public sewer is not available,
under the provisions of Section 304, the building lateral shall be connected to
a private wastewater disposal system complying with the provisions of the Rules
and Regulations of the NYSDOH, to be enforced by the District Operator, and/or
the New York State Health Department - Watertown Office.
Section
402 - Connection of Two Buildings to the Same Septic Tank Prohibited
No two separate permanent buildings,
where the intended use for either is for a distinct and separate business or a
dwelling place for a private family or families, shall be connected to the same
individual septic tank and tile absorption field.
Section
403 - Construction Permit Application
A completed application form,
containing results of percolation tests, computations, and a plot plan,
including the design and cross- section of the wastewater disposal system, in
relation to lot lines, adjacent and on-site well or water supply, and
buildings, shall be submitted to the Town.
A fee, established by Article 12, shall accompany the application. The
wastewater disposal system shall be designed by a professional engineer,
licensed surveyor, or architect, and shall be in accordance with the NYSDOH -
"Standards for Waste Treatment Works", or NYSDEC "Standards for
Commercial and Institutional Facilities", as appropriate.
Section
404 - Construction Permit
A written construction permit shall be
obtained from the District Operator before construction commencement. The District Operator, or his designated
representative, shall be permitted to inspect the construction work at any
stage, without prior notice.
Section 405 - Preventing Nuisances - Rehabilitation Required
When the liquid or liquid-borne
effluent from a private wastewater disposal system enters any watercourse,
ditch, storm sewer, or water supply system, located in the Town, in such a
manner, volume, and concentration so as to create a hazardous, offensive, or
objectionable condition, in the opinion of the District Operator, the New York
State Health Department - Watertown Office, or the NYSDOH, the owner of the
premises upon which such wastewater disposal system is located, upon receiving
written notice from the District Operator, to do so, shall, within ninety (90)
days, after receipt of such notice, repair, rebuild, or relocate such
wastewater disposal system for the purpose of eliminating such hazardous,
offensive, or objectionable conditions. The repair, rebuilding, or relocation
of the system shall be accomplished in accordance with the rules and
regulations of the NYSDOH and the New York State Health Department - Watertown
Office, at the owner's expense.
Section
406 - Sanitary Operation Required
The owner shall operate and maintain
the private wastewater disposal system in a satisfactory manner at all times,
at the owner's expense.
Section
407 - Septage Removal
Where a private wastewater disposal
system utilizes a cesspool or a septic tank, septage
shall be removed from the cesspool or septic tank, by a licensed hauler of
trucked and hauled wastes, at three year intervals or more frequently.
Section
408 - Direct Connection to New Public Sewers Required
At such time that a public sewer
becomes available to a property, a direct connection shall be made to the
public sewer, in compliance with this Law, and any cesspool, septic tank, and
similar wastewater disposal facilities shall be cleaned of septage,
by a licensed septage hauler, and finally either
filled with clean sand, bank-run gravel,or
dirt,or removed and properly disposed. When the
connection is made to the public sewer, the connection to the private wastewater
disposal facility shall be broken and both ends of the break shall be plugged,
as appropriate. Alternatively, the septic tank effluent may be piped or pumped
to the sewer; the owner shall provide an easement to the septic tank for septage removal.
Section
409 - Additional Requirements
No statement in this Article shall be
construed to prevent, or interfere with, any additional requirements that may
be deemed necessary by the District Operator, to protect public health and
public welfare.
Section 501 - Proper Design
Section 502 A - New Sewers
Subject to Approval, Fees,
Inspection, Testing, and Reporting
Section 502 B - Cost of Installation
Section 502 C - Plans,
Specification, and Pipe Test Results
Required
Section 503 A
- Sewer Pipe
Section 503 B - Safety and Load
Factors
Section 503 C - Sewer Pipe
installation
Section 503 D - Cleanout
Installation
Section 504 - Manholes and Manhole Installation
Section 505 A
- Infiltration/Exfiltration Testing
Section 505 B - Test Section
Section 505 C - Test Period
Section 505 D - Pipe Lamping
Section 505 E - Deflection
Testing
Section 505 F - Air Testing
Alternative
Section 505 G - Vacuum Testing Alternative
Section 506 A - Force Mains
Section 506 B - Force Main
Testing
Section 507 - Final Acceptance and Warranty/Surety
Section 508 - Liability Insurance Coverage During
Construction Period
Section
501 - Proper Design
New sanitary sewers and all extensions
to sanitary sewers owned and operated by the Town shall be designed, by a professional
licensed to practice sewer design in the State, in accordance with the
Recommended Standards for Sewage Works, as adopted by the Great Lakes - Upper
Mississippi River Board of State Sanitary Engineers ("Ten State
Standards"), and in strict conformance with all requirements of the
NYSDEC. Plans and specifications shall be submitted to, and written approval
shall be obtained from the District Operator, the New York State Health
Department - Watertown Office, and the NYSDEC, before initiating any construction.
The design shall anticipate and allow for flows from all possible future
extensions or developments within the immediate drainage area.
If, however, there is inadequate
capacity in any sewer which would convey the wastewater or if there is
insufficient capacity in the POTW treatment plant to treat the wastewater
properly, the application shall be denied. Sewer line and POTW treatment plant
current use shall be defined as the present use and the unutilized use which
has been committed, by resolution, to other users by the Town Board.
Section
502 A - New Sewers Subject to Approval, Fees, Inspection, Testing, and Reporting
When a property owner, builder, or
developer proposes to construct sanitary sewers or extensions to sanitary
sewers in an area proposed for subdivision, the plans, specifications, and
method of installation shall be subject to the approval of the District
Operator, and the New York State Health Department - Watertown Office, in
accordance with Section 501. Said
property owner, builder, or developer shall pay for the entire installation,
including a proportionate share of the treatment plant, intercepting or trunk
sewers, pumping stations, force mains, and all other Town expenses incidental
thereto. Each street lateral shall be installed and inspected pursuant to
Article 6, and inspection fees shall be paid by the applicant prior to
initiating construction. Design and installation of sewers shall be as
specified in Section 503, and in conformance with Paragraphs 3 through 6 of
ASTM Specification C-12. The installation of the sewer shall be subject to
periodic inspection by the District Operator, without prior notice. The
District Operator shall determine whether the work is proceeding in accordance
with the approved plans and specifications, and whether the completed work will
conform with the approved plans and
specifications. The sewer, as
constructed, must pass the infiltration test (or the exfiltration
test, with prior approval), required in Section 505, before any building
lateral is connected thereto. The District Operator shall be notified 30 days
in advance of the start of any construction actions so that such inspection
frequencies and procedures as may be necessary or required, may be established.
No new sanitary sewers will be accepted by the Town Board until such
construction inspections have been made so as to assure the Town Board of
compliance with this Law and any amendments or additions thereto. The District Operator has the authority to
require such excavation as necessary to inspect any installed facilities if the
facilities were covered or otherwise backfilled before they were inspected so
as to permit inspection of the construction.
The District Operator shall report all findings of inspections and tests
to the Town Board.
Section
502 B - Cost of Installation
1.
Building sewers shall originate from a lateral from the main line sewer
or pump station wherever one is available.
The Town shall be responsible for the lateral main to the street
right-of-way. The Town is also
responsible right-of-way limit to the building for those laterals installed at
the time of initial construction of the system by the Town. Thereafter the owner shall be
responsible. When one is not available
the Town District Operator will install one and charge the homeowners for all
required work at 100% of the cost to the Town.
The sewer lateral will be placed on the property line closest to the existing
sewage collection pipes in the Town Right-Of-Way. Prior to installation of the lateral, the
Home owner is expected to execute an easement granting the Town right of access
for installation and maintenance.
2.
All costs and expenses incident to the installation and connection of
the building sewer shall be borne by the owner unless part of the initial
construction of the system. 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.
Section
502 - Plans, Specification, and Pipe Test Results Required
Plans, specifications, and methods of
installation shall conform to the requirements of this Article. Components and
materials of wastewater facilities not covered in this Law, such as pumping
stations, lift stations, or force mains shall be designed in accordance with
Section 501, and shall be clearly shown and detailed on the plans and
specifications submitted for approval. Force main details are covered in
Section 506. When requested, the
applicant shall submit, to the District Operator and to the New York State
Health Department - Watertown Office, all design calculations and other
pertinent data to supplement review of the plans and specifications. Results of manufacturer's tests on each lot
of pipe delivered to the job site shall also be furnished, upon request.
Section
503 A - Sewer Pipe
(1)
Sewer pipe material shall be:
(a) Polyvinyl Chloride (PVC) Pipe - Heavy Wall
Pipe shall be made from
Class 12454-B materials or
better
in accordance with ANSI/ASTM Specification
D-1784
Pipe and accessories
shall conform to the requirements
of the following,
with a minimum pipe stiffness of 46
PSI
at a maximum deflection of five percent (5%).
ANSI/ASTM D 3034 (4" - 15")
ASTM F 679 Type I (18" - 27")
(b) Other pipe materials
Other pipe materials
require prior written approval of the
District Operator before being installed.
(2)
The minimum internal pipe diameter shall be eight (8) inches for gravity sewers and four (4) inches
for low pressure sewers.
(3)
Joints for the selected pipe shall be designed and manufactured such
that "O" ring gaskets of the "snap-on" type are used.
(4)
Gaskets shall be continuous, solid, natural or synthetic rubber, and
shall provide a positive compression seal in the assembled joint, such that the
requirements of Section 505 are met.
(5)
Joint preparation and assembly shall be in accordance with the manufacturer's
recommendations.
(6)
Wye branch fittings, as approved by the
District Operator, shall be installed, for connection of street laterals, in
accordance with Section 606.
Section
503 B - Safety and Load Factors
Selection of pipe class shall be
predicated on the following
criteria:
Safety
factor-1.5Load factor-1.7Weight of soil-120 lbs/cu. ft.Wheel
loading-16,000 lbs.
Utilizing the foregoing information,
design shall be made as outlined in Chapter IX of the Water Pollution Control
Federation Manual of Practice No. 9, latest edition, "Design and
Construction of Sanitary and Storm Sewers", and the pipe shall have
sufficient structural strength to support all loads to be placed on the pipe,
with a safety factor as specified above.
PVC pipe shall not be encased in
concrete due to their different coefficients of linear thermal expansion.
Section
503 C - Sewer Pipe Installation
(1)
Local utilities shall be contacted to verify construction plans and to
make arrangements to disconnect all utility services, where required to
undertake the construction work. The utility services shall later be
reconnected. The work shall be scheduled so that there is minimum inconvenience
to local residents. Residents shall be provided proper and timely notice
regarding disconnection of utilities.
(2) The construction right-of-way shall
be cleared only to the extent needed for construction. Clearing consists of
removal of trees which interfere with construction, removal of underbrush,
logs, and stumps, and other organic matter, removal of refuse, garbage, and
trash, removal of ice and snow, and removal of telephone and power poles, and
posts. Any tree which will not hinder construction shall not be removed, and shall
be protected from damage by any construction equipment. Debris shall not be
burned, but hauled for disposal in an approved manner.
(3)
The public shall be protected from personal and property damage as a
result of the construction work.
(4)
Traffic shall be maintained at all times in accordance with applicable
highway permits. Where no highway permits are required, at least 1/2 of a
street shall be kept open for traffic flow.
(5)
Erosion control shall be performed throughout the project to minimize
the erosion of soils onto lands or into waters adjacent to or affected by the
work. Erosion control can be effected by limiting the amount of clearing and
grubbing prior to trenching, proper scheduling of the pipe installation work,
minimizing time of open trench, prompt grading and seeding, and filtration of
drainage.
(6)
The trench shall be excavated only wide enough for proper installation
of the sewer pipe, manhole, and appurtenances. Allowances may be made for
sheeting, de-watering, and other similar actions to complete the work. Roads, sidewalks, and curbs shall be cut, by
sawing or by other methods as approved by the District Operator, before trench
excavation is initiated.
(7)
Under ordinary conditions, excavation shall be by open cut from the
ground surface. However, tunnelling or boring under
structures other than buildings may be permitted. Such structures include
crosswalks, curbs, gutters, pavements, trees, driveways, and railroad tracks.
(8)
Open trenches shall be protected at all hours of the day with
barricades, as required.
(9)
Trenches shall not be open for more than 30 feet in advance of pipe
installation nor left unfilled for more than 30 feet in the rear of the
installed pipe, when the work is in progress, without permission of the
District Operator. When work is not in progress, including over night,
weekends, and holidays, the trench shall be backfilled to ground surface.
(10) The trench shall be excavated
approximately six (6) inches deeper than the final pipe grade. When unsuitable
soils are encountered, these shall be excavated to a maximum depth of 2-1/2
feet below the final pipe invert grade and replaced with select materials.
(11) Ledge rock, boulders, and large
stones shall be removed from the trench sides and bottom. The trench shall be
over-excavated at
least 12 inches for five (5) feet, at the transition from rock bottom to earth
bottom, centered on the transition.
(12) Maintenance of grade, elevation,
and alignment shall be done by some suitable method or combination of methods.
(13) No structure shall be undercut
unless specifically approved by the District Operator.
(14)
Proper devices shall be provided, and maintained operational at all
times, to remove all water from the trench as it enters. At no time shall the sewer line be used for
removal of water from the trench.
(15) To protect workers and to prevent
caving, shoring and sheeting shall be used, as needed. Caving shall not be used
to backfill the trench. Sheeting shall not be removed but cut off no lower than
one foot above the pipe crown nor no higher than one foot below final grade,
and left in the trench, during backfill operations.
(16) The pipe barrel shall be
supported, along its entire length, on a minimum of six (6) inches of crusher
run max. 1/2 inch stone free of organic material. This foundation shall be
firmly tamped in the excavation.
(17)
(18) Pipe shall be laid from low
elevation to high elevation. The pipe bell shall be up-gradient; the pipe
spigot shall be down-gradient.
(19) Joint preparation and assembly
shall be in accordance with the manufacturer's written instructions.
(20) The grade and alignment shall be
checked and made correct. The pipe shall
be in straight alignment. Any negotiation of curves shall be at manholes,
except when site conditions require alternative pipe laying procedures. These
alternative procedures, including bending the pipe barrel, deflecting the
joint, and using special fittings, shall require prior written approval of the
plans and also written confirmation approval of need by the District Operator
after examination of the site conditions.
(21) When a smaller sewer joins a
larger one the invert of the larger sewer shall be lowered sufficiently to
maintain the same hydraulic gradient. An approximate method which may be used
for securing this result is to place the 0.8 depth of both sewers at the same
elevation.
(22) Crushed stone shall be placed over
the laid pipe to a depth of at least six (6) inches. The embedment of
thermoplastic pipe shall be in accordance with ASTM D2321 using class 1A or 1B
backfill materials. Care shall be exercised so that stone is packed under the
pipe haunches. Care shall be exercised so that the pipe is not moved during
placement of the crushed stone.
(23) The migration of fines from
surrounding backfill or native
soils shall be restricted by gradation of embedment materials or by use of suitable filter fabric.
(24) The remaining portion of the
trench above the pipe embedment shall be backfilled in foot lifts which shall
be firmly compacted. Compaction near/under roadways, driveways, sidewalks, and
other structures shall be to 95 % of the maximum moisture-density relationship,
as determined by ASTM Specification D 698, Method D. Ice, snow, or frozen
material shall not be used for backfill.
Section
503 D - Cleanout Installation
(1)
Cleanouts for low pressure sewers shall be placed at intervals of
approximately 400 to 500 feet, at major changes of direction, where one
collection main joins another main and at the upstream end of each main branch.
(2)
The design of the cleanouts shall be as approved by the District
Operator.
Section
504 - Manholes and Manhole Installation
(1)
Design of all manholes shall be submitted to the District Operator and
shall receive approval prior to placement.
(2)
Manholes shall be placed where there is a change in slope or alignment,
and at intervals not exceeding 400 linear feet except as authorized by the
District Operator.
(3)
Manhole bases shall be constructed or placed on a minimum of six (6)
inches of crusher run max. 1/2 inch stone free of organic materials.
(4)
Manhole bases shall be constructed of 4,000 psi
(28 day) concrete 8 inches thick, or shall be precast
bases properly bedded in the excavation. Field constructed bases shall be
monolithic, properly reinforced, and extend at least 6 inches beyond the
outside walls of lower manhole sections. Precast
manhole bases shall extend at least 6 inches beyond the outside walls of lower
manhole sections.
(5)
All new sewer piping shall be marked with metallic locating tape located
directly over the new sewer lateral or main.
(5) Manholes shall be
constructed using precast minimum 4 foot diameter
concrete manhole barrel sections, and an eccentric top section, conforming to
ASTM Specification C-478, with the following exceptions on wall thickness:
Manhole Diameter Wall Thickness
Feet Inches
4 5
5 6
6 7
6-1/2 7-1/2
7 8
8 9
All sections shall be cast solid,
without lifting holes.
Flat top slabs shall be a minimum of 8
inches thick and shall be capable of supporting a H-20
loading.
(6)
All joints between sections shall be sealed with an "O" ring
rubber gasket, meeting the same specifications as pipe joint gaskets, or butyl
joint sealant completely filling the joint.
(7)
All joints shall be sealed against infiltration. All metal parts shall
be thickly coated with bitumastic or elastomeric compound to prevent corrosion.
(8)
No steps or ladder rungs shall be installed in the inside or outside
manhole walls at any time.
(9)
No holes shall be cut into the manhole sections closer than 6 inches from joint surfaces.
(10)
Manholes which extend above grade shall not have an eccentric top
section. The top plate shall be large enough to accommodate the cover lifting
device and the cover.
(11)
The elevation of the top section shall be such that the cover frame top
elevation is 0.5 foot above the 100-year flood elevation (in a field), 0.5 foot
above a lawn elevation, or at finished road or sidewalk grade.
(12)
When located in a travelled area (road or
sidewalk), the manhole frame and cover shall be heavy duty cast iron. When
located in a lawn or in a field, the manhole frame and cover may be light duty
cast iron. The cover shall be 36 inches, minimum, in diameter. The minimum
combined weight of the heavy duty frame and 36 inch cover shall be 735 +/- 5%
lbs. The minimum combined weight of the light duty frame and 36 inch cover
shall be 420 +/- 5% lbs. The mating surfaces shall be machined, and painted
with tar pitch varnish. The cover shall not rock in the frame. Infiltration between
the cover and frame shall be prevented by proper design and painting. Covers
shall have "Sanitary Sewer" cast into them. Covers shall have lifting
holes suitable for any lifting/jacking device. The lifting holes shall be
designed so that infiltration is prevented.
(13) A drop of at least 0.1 foot shall
be provided between incoming and outgoing sewers on all junction manholes and
on manholes with bends greater than 45 degrees.
(14) Inverts and shelves/benches shall
be placed after testing the manholes and sewers.
(15) Benches shall be level and slope
to the flow channel at about 1 inch per foot.
(16) The minimum depth of the flow
channel shall be the nominal diameter of the smaller pipe. The channel shall
have a steel trowel finish. The flow
channel shall have a smooth curvature from inlet to outlet.
(17) Manhole frames, installed at
grade, shall be set in a full bed of mortar with no less than two nor more than four courses of brick underneath to allow for
later elevation adjustment. In lieu of brick, grade rings may be used for
elevation adjustment. Grade rings shall not exceed 6 inches in depth. The total
number of grade rings shall not exceed 12 inches in height,
however, in no event shall more than 3 grade rings be used.
(18)
Manholes which extend above grade, shall have
the frames cast into the manhole top plate. The top plate shall be securely
anchored to the manhole barrel, by a minimum of six 1/2 inch corrosion
resistant anchor bolts, to prevent overturning when the cover is removed. The
anchor bolts shall be electrically isolated from the manhole frame and cover.
(19)
Internal drop pipes and fittings shall be PVC plastic sewer pipe in
compliance with ASTM D2241. Corrosion resistant anchors shall be used to attach
the drop pipe to the inside surface of the manhole barrel.
Section
505 A - Infiltration/Exfiltration
Testing
All sanitary sewers or extensions to
sanitary sewers, including manholes, shall satisfy requirements of a final
infiltration test before they will be approved and wastewater flow permitted by
the Town. The infiltration rate shall
not exceed 25 gallons per 24 hours per mile per nominal diameter in inches. An exfiltration test may be substituted for the infiltration
test; the same rate shall not be exceeded. The exfiltration
test shall be performed by the applicant, under the supervision of the District
Operator, who shall have the responsibility for making proper and accurate
measurements required. The exfiltration test consists
of filling the pipe with water to provide a head of at least 5 feet above the
top of the pipe or 5 feet above groundwater, whichever is higher, at the
highest point under test, and then measuring the loss of water, from the pipe
section under test, by the amount of water which must be added to maintain the
original level. However, under no circumstances shall the head at the
downstream manhole exceed ten (10) feet or fill to within six (6) inches of the
top of the downstream manhole. Should this condition prevail, the testing
methods in Sections 504 F and/or 504 G shall be utilized. In this test, the
test section must remain filled with water for at least 24 hours prior to
taking any measurements. Exfiltration shall be
measured by the drop of water level in a standpipe with a closed bottom end, or
in one of the sewer manholes serving the test section. When a standpipe and
plug arrangement is used in the upper manhole in the test section, there shall
be some positive method for releasing entrapped air prior to taking any
measurements.
Section
505 B - Test Section
The test section shall be as ordered or
as approved, but in no event longer than 1,000 feet. In the case of sewers laid
on steep grades, the test length may be limited by the maximum allowable
internal pressure on the pipe and joints at the lower end of the test section.
For purposes of determining the leakage rate of the test section, manholes
shall be considered as sections of 48-inch diameter pipe, 5 feet long. The maximum
allowable leakage rate for such a section is 1.1 gallons per 24 hours. If
leakage exceeds the allowable rate, then necessary repairs or replacements
shall be made, and the section retested.
Section
505 C - Test Period
The test period, during which the test
measurements are taken, shall not be less than two (2) hours.
Section
505 D - Pipe Lamping
Prior to testing, the section shall be
lamped. Any length of pipe out of straight alignment shall be realigned.
Section
505 E - Deflection Testing
Also prior to testing, all plastic pipe, in the test section, shall be tested for
deflection. Deflection testing shall
involve the pulling of a rigid ball or mandrel, whose diameter is 95 percent of
the pipe inside diameter, through the pipe.
Any length of pipe with a deflection greater than 5 percent shall be
replaced. The test section shall be
flushed just prior to deflection testing. The test shall not be performed with
a mechanical pulling device.
Section
505 F - Low Pressure Air Testing Alternative
In lieu of hydrostatic testing (exfiltration or infiltration), low pressure air testing may
be employed. Low pressure air tests shall conform to ASTM Specification C 828.
All sections to be tested shall be cleaned and flushed, and shall have been
backfilled, prior to testing. Air shall be added until the internal pressure of
the test section is raised to approximately 4.0 PSIG. The air pressure test
shall be based on the time, measured in seconds, for the air pressure to drop from
3.5 PSIG to 2.5 PSIG.
Acceptance is based on limits tabulated
in the "Specification Time Required for a 1.0 PSIG Pressure Drop" in
the Uni-Bell PVC Pipe Association "Recommended
Practice For Low-Pressure Air Testing of Installed
Sewer Pipe".
Before pressure is applied to the line
all connections shall be firmly plugged. Before the test period starts, the air
shall be given sufficient time to cool to ambient temperature in the test
section.
If the test section is below groundwater,
the test pressure shall be increased by an amount sufficient to compensate for
groundwater hydrostatic pressure, however, the test
pressure shall not exceed 10 PSI, or a lower pressure as required by the
District Operator.
The pressure test gauge shall have been
recently calibrated, and a copy of the calibration results shall be made
available to the District Operator prior to testing.
Section
505 G - Vacuum Testing Alternative
In lieu of hydrostatic testing (exfiltration or infiltration), vacuum testing may be
employed for testing of sewer lines and manholes. Sewer lines and manholes
shall be tested separately. All sewer lines to be tested shall be cleaned and
flushed, and shall have been backfilled, prior to testing. The vacuum test
shall be based on the time, measured in seconds, for the vacuum to decrease
from 10 inches of mercury to 9 inches of mercury for manholes, and from 7
inches of mercury to 6 inches of mercury for sewers.
Acceptance of manholes is based on the
following:
Manhole Depth Manhole Diameter Time to Drop 1" Hg
(10" to 9")
10 ft or less 4 ft 120 seconds
10 ft to 15 ft 4 ft
150 seconds
15 ft to 25 ft 4 ft 180 seconds
For 5 ft diameter manholes, add 30
seconds to the times above.
For 6 ft diameter manholes, add 60
seconds to the times above.
If the test on the manhole fails (the
time is less than that tabulated above), necessary repairs shall be made and
the vacuum test repeated, until the manhole passes the test.
Acceptance of sewers (7" Hg to
6" Hg) is based on the time tabulated in the "Specification Time
Required for a 0.5 PSIG Pressure Drop" in the Uni-Bell
PVC Pipe Association "Recommended Practice For
Low-Pressure Air Testing of Installed Sewer Pipe".
The vacuum test gauge shall have been
recently calibrated, and a copy of the calibration results shall be made
available to the District Operator prior to testing.
Section
506A - Force Mains
Force mains serving sewage lifting
devices, such as grinder pumps and pump stations, shall be designed in
accordance with Section 501. Additional design requirements are:
(1)
Force main pipe material shall be:
(a) Polyvinyl Chloride (PVC) Plastic Pipe
Pipe shall conform to
ASTM D2241. Materials used in the manufacture of PVC
pipe shall meet ASTM c1784. The minimum wall thickness
shall be SDR-21. Fittings shall conform to ASTM
D2241. Joints and gaskets shall conform to ASTM D2241, D1869,
and F477.
(b) Other pipe materials
Other pipe materials
require prior written approval of the District Operator
and the Town Board before being installed.
(2)
Trenching, bedding, and backfilling shall be in accordance with Section 503 C.
(3)
Joint preparation and assembly shall be in accordance with the manufacturer's written instructions.
(4)
Anchorages, concrete blocking, and/or mechanical restraint shall be provided when there is a change
of direction of 7-1/2 degrees or
greater.
(5)
Drain valves shall be placed at low points.
(6)
Automatic air relief valves shall be placed at high points and at 400 ft intervals, on level
force main runs.
(7)
Air relief and drain valves shall be suitably protected from freezing.
(8)
When the daily average design detention time, in the force main, exceeds 20 minutes, the manhole
and sewer line receiving the
force main discharge or the sewage shall be treated so that corrosion of the manhole and the
exiting line are prevented. The
corrosion is caused by sulfuric acid biochemically
produced from hydrogen sulfide anaerobically produced in the force main.
(9)
The force main shall terminate, in the receiving manhole, at a PVC
plastic sewer pipe "T". The vertical arms of the "T" shall
be twice the diameter of the force main. The upper arm shall be at least 4 feet
long; the lower arm shall terminate in a PVC plastic sewer pipe 90 degree elbow
in a flow channel directed to the manhole exit pipe. The "T" and its
arms shall be securely fastened to the inside surface of the manhole wall using
corrosion resistant anchors.
Section
506B - Force
All force mains shall be subjected to
hydrostatic pressure of 150 percent of the normal operating pressure. The
duration of the test, at pressure, shall be at least 2 hours. Before conducting
the test, the pipe shall be filled with water and all air shall be expelled.
During the test, water shall be added, as needed, to maintain the test
pressure. The amount of water added shall be recorded so as to calculate
leakage. Leakage shall not exceed 25 gallons per day per mile per inch nominal
pipe diameter. During the test, the owner and the District Operator shall walk
the route of the force main and examine the exposed pipe and the ground
covering any backfilled pipe to discover leaks. Leakage in excess of that
specified above shall be corrected with new material at the owner's expense and
the test repeated. Any observed leaks
shall be repaired at the owner's expense. Each test section length shall be as
approved by the District Operator, but in no event longer than one thousand
(1,000) feet.
Section
507 - Final Acceptance and Warranty/Surety
All sanitary sewers and extensions to
sanitary sewers constructed at the applicant's expense, after final approval
and acceptance by the District Operator, and concurrence by the Town Board,
shall become the property of the Town, and shall thereafter be operated and
maintained by the Town. No sanitary
sewer shall be accepted by the Town until four (4) copies of as-built drawings
have been so filed with the District Operator and the District Operator has
approved the submitted drawings. Said sewers, after their acceptance by the
Town, shall be guaranteed against defects in materials or workmanship for one
(1) year, by the applicant. The guarantee shall be in such form and contain
such provision as deemed necessary by the Town Board, secured by a surety bond
or such other security as the Town Board may approve.
Section
508 - Liability Insurance Coverage During Construction
Period
(1)
All contractors engaged in connecting house laterals with sanitary sewers, who perform any work
within the Right of Way of any highway, shall file a bond in the amount of Five
Thousand Dollars ($5,000.00) with the
Town Clerk to indemnify the Town against loss, cost, damage or expense
sustained or recovered on account of any negligence, omission or act of the
applicant for such a permit, or any of his, or their agents arising or
resulting directly or indirectly by reason of such permit or consent, or of any
act, construction or excavation done, made or permitted under authority of such
permit or consent. All bonds shall contain a clause that permits given by the
Town may be revoked at any time for just cause.
(2)
Before commencing work, the above contractor shall file insurance certificates with the Town
Clerk for the
following:
(a) Workman's Compensation and Employer's
Liability Insurance as required by the laws of the State covering the contractor;
(b) Personal Injury Liability having limits of
not less than $500,000 each
occurrence and $500,000 aggregate
(completed operations/products, personal injury);
(c) Property Damage Liability having limits of
not less than $500,000 for
all damages arising during the life
of the contract; and shall include, but not be limited to, the following
designated hazards:
i-Premises and Operations;ii-Independent Contractors;iii-Completed
operations and products;iv-Property Damage; andv-Explosions, collapse and underground;
(d) Comprehensive automobile liability (including
non-owned and hired automobiles)
having limits of not less than:
i - Bodily injury - each person $300,000
each occurrence $500,000
ii - Property damage - each
occurrence $500,000
(e) Business Excess Liability
Insurance in the amount of
$2,000,000.
(f) All insurance policies must provide for
five (5) business
days notice to the Town before cancellation
and must cover all liabilities of the Town and be in a form approved by the Town Board and
be in a satisfactory form approved by the Board.
(g) The minimum insurance limits stated above
shall be subject to
periodic review by the Town Board and adjustments made, by resolution,
as appropriate.
(3)
Where it is necessary to enter upon or excavate any highway or cut any
pavement, sidewalk or curbing, permission must be obtained from the Town
District Operator if a Town Highway is involved, from the County Department of
Public Works if a County Highway is involved, and/or the New York State
Department of Transportation if a State Highway is involved.
(4)
The minimum insurance limits above shall be as established by the Town
Board and shall be subject to periodic review and adjustment, as appropriate,
by the Town Board.
END OF ARTICLE 5
BUILDING LATERALS, STREET
LATERALS
CONNECTIONS, and FEES
Section 601 A
- Permit Required for Sewer Connections
Section 601 B -
Inflow/Infiltration Prohibited
Section 602 - Sewer Lateral Permits
Section 603 A - New Building
Laterals
Section 603 B - Laterals
Serving Several Buildings
Section 603 C - Laterals
Serving Complexes
Section 603 D - Dry Sewers
Section 604 - Using Existing Building Laterals
Section 605 - Lateral Pipe Materials
Section 606 A
- Street Lateral to Public Sewer Connection
Section 606 B - Future
Connection Locations; As-Built
Drawings
Section 606 C - Special Manhole
Requirements
Section 607 - Laterals At and Near Buildings
Section 608 - Sewage Lifting
Section 609 - Lateral Pipe Installation
Section 610 A - Watertight
Joints
Section 610 B - Cast Iron Pipe
Poured Joints
Section 610 C - Cast Iron Push
Joints
Section 610 D - PVC Push Joints
Section 611 A - Building
Lateral/Street Lateral Connection
Section 611 B - Cleanout
Repair/Replacement
Section 611 C - Street Lateral
Replacement; Ownership
Section 612 - Testing
Section 613 A
- Connection Inspection
Section 613 B - Trench
Inspections
Section 614 - Public Safety Provisions Required;
Restoration of Disturbed Areas
Section 615 - Interior Clean-Out
Section 616 - Costs Borne by Owner
Section
601 A - Permit Required for Sewer Connections/Approved Contractors
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 written permit from the
District Operator. The District will provide a list of approved contractors
authorized to work on the District system to the new user.
Section
601 B - Inflow/Infiltration Prohibited
No person shall discharge or cause to
be discharged any storm, cooling water or unpolluted industrial waters to any
sanitary sewer. Swimming pool drains shall not be connected to any sanitary
sewer.
Section
602 - Sewer Lateral Permits
There shall be two classes of sewer
lateral permits:
(1) For residential, commercial, and
institutional service,
(2) For service to establishments producing
industrial
wastes.
In either case, a permit application
shall be submitted to the Town. The
permit application shall be supplemented by any plans, specifications, or other
information considered pertinent, in the judgement of the District Operator. A
fee, for residential, commercial, institutional and industrial users, as
established by the Town Board, shall accompany the application.
Connections to existing manholes shall
be made as directed by the District Operator.
Section
603 A - New Building Laterals
A separate and independent building
lateral shall be provided for every building requiring sanitary facilities.
When, however, there is a building behind a front building, the second building
may use the front building's building lateral, if there is no other way to
provide sanitary service to the back building.
New street laterals and/or building
laterals shall not go under building basements. In like fashion, a building
shall not be constructed over an existing lateral; the lateral shall be
relocated after the District Operator has approved plans showing the
relocation. If relocation is not physically possible then the lateral shall be
(1) exposed
and totally encapsulated in not less than three inches of concrete, or
(2) exposed
and walled and the building rooms above positively ventilated outdoors.
All existing manholes in or under the
basement shall be sealed air-tight in a manner acceptable to the District
Operator. No new manholes shall be constructed on the portion of the lateral
under the building.
Section
603 B -Laterals Serving Several Buildings
When building laterals are to serve
multiple dwelling structures, the building lateral shall be sized in accordance
with the metered water use and with sound professional engineering judgement.
Section
603 C - Laterals Serving Complexes
Where a lateral sewer is to serve a
complex of industrial, commercial, institutional, or dwelling structures,
special design of the building lateral system shall be required. Such lateral
sewer shall be connected to the public sewer through a manhole. The District
Operator shall determine if and where this connection to the public sewer is
required. If required, a new manhole shall be installed in the public sewer
pursuant to Section 503 D and 1007 and the lateral connection made and tested
as directed by the District Operator. Plans and specifications shall be
prepared and submitted for approval pursuant to this Law.
Section
603 D - Dry Sewers
Dry Sewers shall be designed and
installed in accordance to this Law.
Section
604 - Using Existing Building Laterals
Existing building laterals may be used
in connection with new buildings only when they are found, on examination by
the District Operator, to meet all requirements of this local Law.
Section
605 - Lateral Pipe Materials
Building and street lateral pipe
materials shall be one of the
following:
(1)
Polyvinyl chloride (PVC) pipe and fittings conforming to ASTM
Specification D-3034-73, "SDR-35 Polyvinyl Chloride (PVC) Sewer Pipe and
Fittings". All pipe shall be suitable for gravity
sewer service. Provisions shall be made
for contraction and expansion at each joint with a rubber ring. The bell shall
consist of an integral wall section stiffened with two PVC retainer rings which
securely lock the solid cross-section ring into position. Minimum "Pipe
Stiffness" (F/Y) at five percent (5%) deflection shall be 46 PSI when
tested in accordance with ASTM Specification D-2412.
Any part of the building or street
lateral that is located within five (5) feet of a water main or water service
shall be constructed of cast iron soil pipe. Cast iron soil pipe may be
required by the District Operator where the building or street lateral is
likely to be damaged by tree roots. If installed on fill or unstable ground,
the building or street lateral shall be of cast iron soil pipe, although other
pipe material may be permitted if such pipe is uniformly supported on a poured
concrete cradle approved by the District Operator. The distance between
consecutive joints, as measured along the centerline of the installed pipe,
shall not be less than ten (10) feet, except under abnormal circumstances, in
which case this dimension may be diminished, if approved by the District
Operator. The size and slope of building and street laterals shall be subject
to approval by the District Operator, but in no event shall the internal pipe
diameter be less than 4 inches, nor shall the pipe slope be less than 1/4 inch
per foot.
The street lateral shall include a full
port curb stop with flow- through diameter equal to that of the lateral. A curb
box shall be installed.
Section
606 A - Street Lateral to Public Sewer Connection
At the point of connection of a street
lateral to a main sewer, a standard wye fitting and
sufficient one-eighth (45 degree) bend fittings shall be used. The wye fittings shall be installed so that flow in the
"arm" shall transition smoothly into the flow in the public sewer. No
lateral connection shall be made to the public sewer which permits the flow
into the public sewer from the lateral to enter at right angles.
The inside diameter of the fittings
shall be same diameter as the street lateral inside diameter.
Section
606 B - Future Connection Locations; As-Built Drawings
The street lateral, including the wye and eighth bend fittings, shall be connected to the
main sewer at the time of constructing the main sewer, for each proposed lot
for either immediate or future development. Laterals installed for future
development shall be fitted a standard plug approved for use by the District
Operator. All sewer connections shall be
via a properly installed saddle on the main sewer pipe. No portion of the
lateral pipe shall protrude into the main sewer pipe. The location of all lateral
connections shall be field marked with a 2 inch by 6 inch corrosion and rot
resistant board. The marker board shall extend from the depth of the lateral to
a minimum of two (2) feet above grade.
The location of all lateral connections shall be indicated on a drawing
with a minimum of three (3) tie lines indicated. Four (4) copies of this
drawing, showing the as-built location of these connections, shall be furnished
to the District Operator. A refundable deposit shall be placed with Town to
assure receipt of these as-builts. The deposit shall
be placed when application is made; the amount of the deposit shall be $100 per
sheet of plans showing locations of lateral connections. No sanitary sewer
shall be accepted by Town until four (4) copies of this record drawing have
been so filed with the District Operator and the
District
Operator has approved the submitted drawings.
Section
606 C - Special Manhole Requirements
When any street lateral is to serve a
school, hospital, or similar institution, or public housing, or is to serve a
complex of industrial or commercial buildings, or which, in the opinion of the
District Operator, will receive wastewater or industrial wastes of such volume
or character that frequent maintenance of said building or street lateral is
anticipated, then such street lateral shall be connected to the public sewer
through a manhole. The District Operator shall determine if and where this type
of connection to the public sewer is required. Connections to existing manholes
shall be made as directed by the District Operator. If required, a new manhole
shall be installed in the public sewer pursuant to Sections 504 and 1007, and
the lateral connection made thereto as directed by the District Operator.
Section
607 - Laterals At and Near Buildings
Building laterals laid parallel to a
bearing wall shall not be installed closer than three (3) feet to such wall.
The building lateral shall enter the basement through the basement wall no less
than twelve (12) inches above the basement floor. In no event shall any
building lateral be placed below the basement floor, except with the expressed
written approval of the District Operator.
The building lateral shall be laid at
uniform grade and in straight alignment insofar as possible. Changes in
direction shall be made only with properly curved pipe and fittings. Changes of
direction of 90 degrees or greater shall be made with a cleanout which extends
to grade, terminating in a terminal box set in concrete. In building laterals,
said cleanouts shall be provided such that the maximum distance between
cleanouts is 75 feet. The ends of all building or
street laterals, which are not connected to the interior plumbing of the
building, for any reason, shall be sealed against infiltration by a suitable
stopper, plug, or by other approved means.
Section
608 - Sewage Lifting
In all buildings in which any building
drain is too low to permit gravity flow to the public sewer, wastewater carried
by such drain shall be lifted by mechanical means and discharged to the
building lateral, on approval of the District Operator. The installation,
operation and maintenance of any pumping operations shall be the responsibility
of the building owner. The type, make
and model of the pumping station shall be approved by the District Engineer.
Section
609 - Lateral Pipe Installation
All excavations required for the
installation of a building or street lateral shall be open trench work unless
otherwise approved by the District Operator. Pipe laying and backfilling,
regardless of pipe material used, shall be performed in general accordance with
paragraphs 3 through 6 of ASTM Specification C-12, except that trench width,
measured at the top of the installed pipe, shall not exceed the outside pipe
diameter plus 14 inches and, except that no backfill shall be placed until the
work has been inspected. The depth of cover over the pipe shall be sufficient
to afford protection from frost, but no in any case shall such depth be less
than four (4) feet. Where it is physically impossible to provide cover of four
(4) feet, the depth may be reduced to a minimum of two (2) feet and the pipe
shall be insulated, as approved by the District Operator.
Section
610 A - Watertight Joints
All joints and connections shall be
made watertight.
Section
610 B - PVC Push Joints
Joints for PVC sewer pipe shall follow
the manufacturer's recommendations, using properly designed couplings and
rubber gaskets pursuant to the published information relating thereto, and
conforming to the applicable ASTM specification identified in Section 605.
Section
611 A - Building Lateral/Street Lateral Connection
(1)
The connection of the building lateral to an existing street lateral
shall be made at the property line. Except as provided under
Section 502, if a street lateral has not previously been provided, the street
lateral will be constructed from the existing public sewer to the property
line, by a licensed plumber, at the owner's expense. The street lateral
shall be installed with a properly sealed and covered clean-out to grade
located at the property line. The clean-out shall terminate in a metal box
imbedded in concrete.
(2)
The cost of constructing the street lateral from the existing public
sewer to the property line shall be at the property owner's expense; all
subsequent costs and expense incidental to the installation and connection of
the building lateral shall also be borne by the owner.
(3)
The property owner shall indemnify the Town from any loss or damage that
may directly or indirectly be occasioned by the installation of the building
lateral.
(4)
The Town shall be responsible for
the maintenance, repair, or replacement of all building laterals as needed provided,
however, that the cost of the same may be passed on to the property owner if it
appears the damage to the building lateral was caused by the negligent,
reckless or intentional acts of the owner.
The Sewer Board retains the right to determine and judge the cause and
responsibility for any and all repairs.
(5)
The method of connection of the building lateral to the street lateral
will be dependent upon the type of sewer pipe material, and, in all cases,
shall be approved by the District Operator.
After installation of the street lateral has been approved by the
District Operator, the new street lateral shall become the property of the
Town. Any subsequent repairs to the new
street laterals shall be made by the Town at the Town's expense.
Section
611 B - Cleanout Repair/Replacement
If, in the judgement of the District
Operator, it is determined that a building lateral, without a property line
clean-out, needs repair or replacement, the Town may install a clean-out at the
property line, at the property owner's expense, such that the street lateral
can be maintained independently of the building lateral.
Section
611 C - Street Lateral Replacement; Ownership
Any existing street lateral which, upon
examination by the District Operator, is determined to be in need of
replacement will be replaced with a new street lateral with a property line
clean-out. The replacement street
lateral shall be constructed by a qualified contractor. The cost of
constructing the replacement street lateral and clean-out shall be at the
property owner's expense. Once the replacement street lateral and clean-out
have been constructed and approved by the District Operator, the new street
lateral shall become the property of the Town.
Any repairs to new street laterals shall be made by the Town at the
Town's expense.
Section
612 - Testing
The street lateral, building lateral,
or the combined lateral shall be tested for infiltration/exfiltration
by
(a) any full pipe method
described in Section 505, or
(b) by a suitable joint
method, with the prior written approval of the
District Operator.
Section
613 A - Connection Inspection
The applicant for the building lateral
permit shall notify the District Operator when the building lateral is ready
for inspection and connection is to be made to the street lateral. The
connection shall be made under the supervision of the District Operator.
The applicant for the street lateral permit
shall notify the District Operator when the street lateral is ready for
inspection and connection is to be made to the main sewer. The connection shall
be made under the supervision of the District Operator.
Section
613 B - Trench Inspections
When trenches are excavated for the laying
of building lateral pipes or for laying of street
lateral pipes, such trenches shall be inspected by the District Operator.
Before the trenches are backfilled, the person performing such work shall
notify the District Operator when the laying of the building lateral is
completed, and no backfilling of trenches shall begin until approval is
obtained from the District Operator.
Section
614 - Public Safety Provisions Required; Restoration of
Disturbed Areas
All excavations for constructing
building laterals shall be adequately protected 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 District Operator. When installation requires
disturbance of paved public roads and shoulders, restoration shall involve
backfilling to road grade. Shortly thereafter the Town Highway Department shall
complete road and shoulder restoration to the Town Standards. The cost for such
final road and shoulder restoration by the Highway Department shall be included
with the fees paid with the application for the permit required in Section 602.
Section
615 - Interior Clean-Out
An interior clean-out fitting shall be
provided for each building lateral at a readily accessible location, preferably
just inside the basement wall. The fitting shall contain a 45-degree branch
with removable plug or test tee, and so positioned that sewer cleaning
equipment can be inserted therein to clean the building lateral.
Section
616 - Potable Water Meter Required
All
buildings receiving new lateral connections shall be equipped with a potable
water meter acceptable to the District operator suitable for billing purposes.
The
cleanout diameter shall be no less than the building lateral diameter.
Section
617 - Costs Borne by Owner
All costs associated with the
provisions of this Article shall be borne by the property owner unless
specifically stated or agreed to be a cost borne by the Town. The property owner shall indemnify the Town
from any loss or damage that may be directly or indirectly occasioned by the
installation of the building and street laterals, and connections and
appurtenances. Other fees and impact charges may be assessed as per Article 12.
Section 701 - New Inflow
Sources Prohibited
Section 702 - Existing Inflow Sources
Disconnected
Section 703 - Existing Inflow
Sources Disconnected
When Property Sold
Section 704 - No Re-connection
of Inflow Source Allowed
Section 705 - Charges for
Inflow
Section
701 - New Inflow Sources Prohibited
No connections shall be made to a
sanitary or to a combined sewer which connections are intended to discharge
inflow. Such prohibited connections
include, but are not limited to, footing drains, roof leaders, roof drains,
cellar drains, sump pumps, catch basins, uncontaminated cooling water
discharges, or other sources of inflow.
Section
702 - Existing Inflow Sources Disconnected
For properties where separate storm
sewers are available within 100 feet of the property line or where, in the
judgement of the District Operator, sufficient natural drainage is available,
connections which contribute inflow to the sanitary sewers must be disconnected
in a fashion approved by the District Operator, prior to the sale of the
property.
Section
703 - Existing Inflow Sources Disconnected When Property Sold
Upon notice from the Tax Assessor, the
District Operator shall inspect any newly sold property for the purpose of
determining if storm sewers or natural drainage is available, and, if so, if
all connections which contribute inflow have been disconnected.
Section
704 - No Re-connection of Inflow Source Allowed
It shall be a willful violation of this
Law for any person to reconnect any inflow source which has been disconnected
pursuant to this Article.
Section
705 - Charges for Inflow
The District Operator is enabled to
take whatever action is necessary to determine the amount of inflow including
the requirement for installation of a control manhole. The property from which
the inflow originated shall be billed for inflow according to Article 12, however, the Town Board may cause a surcharge at a rate
not to exceed five (5) times that for normal sewage volume charge.
Section 801 - Licenses and
Application
Section 802 - Concurrent
Requirements
Section 803 - Dumping Location
and Timing
Section 804 - Notification of
Dumping
Section
801 - Licenses and Application
The discharge of trucked or hauled
wastes into the Town sewer system and public sewers tributary thereto will be
permitted only with the written approval (license) of the Town Board. Applicants for such license shall apply on a
form provided by the District Operator.
These forms may require information such as vehicle specifications,
vehicle license number, vehicle color, NYSDEC permits issued under 6 NYCRR Part
364, approximate annual septage volume expected,
service area, and any other information that the District Operator may require,
to determine whether the trucked or hauled wastes could adversely impact the
POTW. The application shall be accompanied by a fee prescribed by the Town
Board, not to exceed $100.
The licensee of trucked or hauled
wastes will also be charged a fee for each dumping, in accordance with Article
12. The dumping fee shall be paid prior to dumping.
Section
802 - Concurrent Requirements
The applicant for a license to truck or haul
wastes shall be the owner of the vehicle or vehicles to be used for such
discharge. Any false or misleading statement, in any license application, shall
be grounds for invalidating the license.
All licenses, issued by the District Operator, as approved by the Town
Board, for this purpose, shall be for one (1) year. The licensee shall also be
duly permitted by the NYSDEC under 6 NYCRR Part 364 ("364 permit").
If, for any reason, the 364 permit is revoked, the 364 permit lapses or becomes
invalid, then the license issued under this Article
shall become invalid immediately. All acts performed in connection with the
license shall be subject to the inspection and regulations, as established by
the Town Board, the terms and conditions of the license and all local and
general laws, ordinances, and regulations which are now or may come into
effect, and such license may be suspended or revoked, at any time, by the
District Operator for willful, continued, or persistent violation thereof.
Section
803 - Dumping Location and Timing
The District Operator may require
discharging at only certain locations within the POTW, and only at certain
times, and on only certain days of the week, or seasons of the year as shall be
stated on said license or as may be relocated by the District Operator, after
appropriate notice. The time and
conditions for permissible discharge shall be as set forth on the license, or
as may be revised by the Town Board, after appropriate notice.
Section
804 - Notification of Dumping
Each discharge of trucked or hauled
wastes shall be made only with the approval of the District Operator. The
District Operator may require inspection, sampling, and analysis of each load
prior to the discharge of a load. Any extra costs associated with such
inspection, sampling, and analysis shall be paid by the licensee.
END OF ARTICLE 8
Section 901 - Pretreatment
Standards
Section 902 - General
Prohibitions
Section 903 - Concentration
Based Limitations
Section 904 - Mass Discharge
Based Limitations
Section 905 - Modification of
Limitations
Section 906 - Access to User's
Records
Section 907 - Dilution
Section 908 - Grease, Oil, and
Sand Interceptors
Section 909 - Solid Waste
Grinders
Section 910 - Rejection of
Wastewater
Section
901 - Pretreatment Standards
All users of the Town POTW will comply
with all standards and requirements of the Act and standards and requirements
promulgated pursuant to the Act, including but not limited to 40 CFR Parts 406
- 471.
Section
902 - General Prohibitions
No user shall contribute or cause to be
contributed, in any manner or fashion, directly or indirectly, any pollutant or
wastewater which will interfere with the operation or performance of the POTW.
These general prohibitions apply to all such users of a POTW whether or not the
user is subject to National Categorical Pretreatment Standards, or any other
National, State, or Local Pretreatment Standards or Requirements.
Without limiting the generality of the
foregoing, a user may not contribute the following substances to the POTW:
(1)
Any solids, liquids, or gases which, by reason of their nature or
quantity, are or may be sufficient, either alone or by interaction with other
substances, to cause a fire or an explosion or be injurious, in any way, to the
POTW, or to the operation of the POTW. At no time shall both of two successive
readings on a flame type explosion hazard meter, at the point of discharge into
the system (or at any other point in the system) be more than 25% nor any
single reading be more than 40% of the lower explosive limit (LEL) of the
meter. Unless explicitly allowable by a
written permit, prohibited materials include, but are not limited to, gasoline,
kerosene, naphtha, benzene, toluene, xylene, ethers,
alcohols, carbides, hydrides, and sulfides, and any other substance which the
Town, the State, or the EPA has determined to be a fire hazard, or hazard to
the POTW.
(2)
Solid or viscous substances which may cause obstruction to the flow in a
sewer or otherwise interfere with the operation of the wastewater treatment
facilities. Unless explicitly allowable by a written permit, such substances
include, but are not limited to, grease, garbage with particles greater than
one-half (1/2) inch in any dimension, animal guts or tissues, paunch manure,
bones, hair, hides or fleshings, entrails, whole
blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal,
glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste
paper, wood, plastics, gas, tar asphalt residues, residues from refining or
processing fuel or lubricating oil, mud, or glass or stone grinding or
polishing wastes.
(3)
Any wastewater having a pH less than 5.0 or greater than 10.0, unless
the POTW was specifically designed to manage such wastewater, or wastewater
having any other corrosive property capable of causing damage or hazard to
structures, equipment, and/or POTW personnel.
(4)
Any wastewater containing toxic pollutants in sufficient quantity, either
singly or by interaction with other pollutants (including heat), to injure or
interfere with any wastewater treatment process, constitute a hazard to humans
or animals, create a toxic effect in the receiving waters of the POTW, or to
exceed the limitation set forth in a Categorical Pretreatment Standard.
A toxic pollutant shall include, but
not be limited to, any pollutant identified pursuant to Section 307(A) of the
Act.
(5)
Any noxious or malodorous solids, liquids, or gases which either singly
or by interaction with other wastes are sufficient to create a public nuisance
or a hazard to life or are sufficient to prevent entry into the sewers for
their maintenance or repair.
(6)
Oils and grease - Any commercial, institutional, or industrial wastes
containing fats, waxes, grease, or oils which become visible solids when the
wastes are cooled to ten (10) degrees centigrade (50 degrees fahrenheit); any petroleum oil, non-biodegradable cutting
oil, or products of mineral oil origin, in excess of 100 mg/l or in amounts
that will cause interference or pass through.
(7)
Any wastewater which will cause interference or pass through.
(8)
Any wastewater with objectionable color which is not removed in the
treatment process, such as, but not limited to, dye wastes, and vegetable
tanning solutions.
(9)
Any solid, liquid, vapor, or gas having a temperature higher than 65
degrees C (150 degrees F); however, such materials shall not cause the POTW
treatment plant influent temperature to be greater than 40 degrees C (104
degrees F). The District Operator reserves the right, in certain instances, to
prohibit or limit the discharge of wastes whose maximum temperatures are lower
than 65 degrees C.
(10) Unusual flow rate or concentration
of wastes, constituting slugs, except by Industrial Wastewater Permit.
(11) Any wastewater containing any
radioactive wastes except as approved by the District Operator, and in
compliance with applicable State and Federal regulations.
(12) Any wastewater which causes a
hazard to human life or which creates a public nuisance, either by itself or in
combination, in any way, with other wastes.
(13) Any wastewater with a closed cup
flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using
the test methods specified in 40 CFR Part 261.21.
(14) Any pollutants which result in the
presence of toxic gases, vapors or fumes within the POTW in a quantity that may
cause acute worker health and safety problems.
Section
903 - Concentration Based Limitations
No person shall discharge, directly or
indirectly, into the POTW, wastewater containing any of the following
substances in concentrations exceeding those specified below on either a daily
or an instantaneous basis, except by permit or as provided for in Section 904.
Concentration limits are applicable to wastewater effluents at the point just
prior to discharge into the POTW ("end of pipe" concentrations).
|
Substance (1) |
Allowable Average Daily |
Allowable Maximum Instantaneous |
Arsenic |
0.20 |
0.4 |
|
Cadmium |
0.04 |
0.05 |
|
Chlorine |
50.00 |
60.00 |
|
Chromium
(hex) |
0.20 |
0.40 |
|
Chromium
(tot) |
4.00 |
5.00 |
|
Copper |
0.80 |
1.00 |
|
Cyanide
(complex) |
0.40 |
0.50 |
|
Cyanide
(free) |
1.60 |
2.00 |
|
Fluorides |
12.00 |
14.00 |
|
Gold |
0.20 |
0.40 |
|
Manganese |
4.00 |
5.00 |
|
Mercury |
0.20 |
0.40 |
|
Nickel |
4.00 |
5.00 |
|
Phenols,
total |
4.00 |
6.00 |
|
Silver |
0.20 |
0.40 |
|
Sulfides |
6.00 |
8.00 |
|
Tin |
|
|
|
Zinc |
1.20 |
1.60 |
(1) Except for chromium (hex), all concentrations
listed for metallic substances shall be
as "total metal", which shall be
defined as the value measured in a sample acidified to a pH value of 2 or less, without prior filtration.
(2) As determined on a composite sample taken
from the User's daily discharge over a
typical operational and/or production day.
(3) As determined on a grab sample taken from the
User's discharge at any time during the daily operational and/or production
period.
(4) Any liquid or vapor having a temperature
higher than one hundred fifty degrees F
(150oF), (65oC), or in such quantities that the temperature at the treatment
works influent exceeds 104oF, (40oC).
(5) 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 (32) and one hundred fifty (150) degrees F, (0 to 65oC).
(6) Any waters or wastes containing strong acid
iron pickling wastes or concentrated plating solutions whether neutralized or
not.
(7) Any waters or wastes containing a toxic or
poisonous substance sufficient quantity to injure or interfere with any sewage
treatment process, or constitute a hazard to humans or animals, or create any
hazard in the receiving waters of the sewage treatment plant.
(8) 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 Operator 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.
(9) Any radioactive wastes or isotopes of such
half-life or concentration as may exceed limits established by the District
Operator in compliance with applicable State of
(10) Any Waters or wastes having a pH in excess of
9.0 or less than 6.0.
(11) Materials which exert or cause:
1. Unusual concentrations 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.
2. Any odor or color exceeding concentration
limits which may established by the Town for purposes of meeting the Town's
National Pollution Discharge Eliminations Systems Permit.
3. Unusual BOD, 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.
(14) Other substances which may be limited are:
alkanes, alkenes and alkynes
aliphatic and aromatic alcohols and acids
aliphatic and aromatic aldehydes and ketones
aliphatic and aromatic esters
aliphatic and aromatic halogenated compounds
aliphatic and aromatic nitro, cyano and amino
compounds
aluminum, antimony, barium, beryllium, bismuth, bromine
chlorides, cobalt, iodine, iron, lead, molybdenim,
selenium, sulfates, tin, titanium, vanadium
antibiotics
benzene derivatives
chemical compounds which, upon acidification,
alkalinization,
oxidation or reduction, in the
discharge or
after admixture with wastewater and its
components in the POTW, produce toxic, flammable, or explosive compounds
pesticides, including algicides, fungicides, herbicides, insecticides, rodenticides
phthalates
polyaromatic and polynuclear
hydrocarbons
total toxic organics, TTO, as defined in 40 CFR 433.11
toxic organic compounds regulated by Federal Pretreatment Standards
unsaturated aliphatics, including those with an aldehyde, ketone or nitrile functional
group
viable pathogenic organisms from industrial processes
or hospital
procedures
Section
904 - Mass Discharge Based Limitations
At no time shall the influent to the
POTW contain quantities in excess of those specified in section 903.
The District Operator shall determine
the total allowable influent load of each substance from significant industrial
users. In determining the total load of each substance that significant
industrial users shall be allowed to discharge, the District Operator shall
consider: (1) the quantities of each substance that are uncontrollable because
they occur naturally in wastewater, (2) the quantities of each substance that
are anthropogenic but are nonetheless uncontrollable, (3) historical discharge
trends, (4) past pollution control efforts of each significant industrial user
as compared to other significant industrial dischargers of the same substance,
(5) potential for growth in the POTW service area, (6) potential for more
restrictive regulatory requirements to be placed on the POTW discharge or
sludge disposal or sludge reuse method, and (7) treatability
of the substance. The District Operator shall apply a minimum 15% safety factor
to be protective of the POTW.
To assure that the total loads so
calculated, for each substance, are not violated, the District Operator shall
issue permits to significant industrial users limiting discharge loads.
Permits issued in accordance with this
section may allow for discharges in excess of limitations set forth under
section 903.
Section
905 - Modification of Limitations
Limitations on wastewater strength or
mass discharge contained in this Law may be supplemented with more stringent
limitations when, in the opinion of the District Operator:
(1)
The limitations in this Law are not sufficient to protect the POTW,
(2)
The limitations in this Law are not sufficient to enable the POTW
treatment plant to comply with applicable water quality standards or the
effluent limitations specified in the POTW's SPDES
permit,
(3)
The POTW sludge will be rendered unacceptable for disposal or reuse as the Town desires, as a
result of discharge of wastewaters at the above prescribed concentration limitations,
(4)
Municipal employees or the public will be endangered, or
(5)
Air pollution and/or groundwater pollution will be caused.
The limitations on wastewater strength
or mass discharge shall be recalculated not less frequently than once every
five (5) years. The results of these calculations shall be reported to the Town
Board. This Law shall then be amended appropriately. Any issued industrial
wastewater discharge permits, which have limitations, based directly on any limitations,
which were changed, shall be revised and amended, as appropriate.
Section
906 - Access to User's Records
The District Operator shall have the
authority to copy any record related to wastewater discharges to the POTW.
Section
907 - Dilution
Except where expressly authorized to do
so by an applicable Pretreatment Standard, no user shall ever increase the use
of process water or, in any other way, attempt to dilute a discharge as a
partial or complete substitute for adequate treatment to achieve compliance
with a Pretreatment Standard.
Dilution flow shall be considered to be
inflow.
Section
908 - Grease, Oil, and Sand Interceptors
Grease, oil, and sand interceptors
shall be provided as they are necessary for the proper handling of wastewater
containing excessive amounts of grease, flammable substances, sand, or other
harmful substances; except that such interceptors shall not be required for
private living quarters or living units.
Grease interceptors shall be installed in all commercial kitchen
facilities serving at a minimum of one (1) large fueling per month. All interceptors shall be of type and
capacity approved by the District Operator and shall be so located to be easily
accessible for cleaning and inspection. Such interceptors shall be inspected,
cleaned, and repaired regularly, as needed, by the owner, at his expense.
Section
909 - Solid Waste Grinders
a)
Solid waste grinders at or serving commercial establishments,
institutions or industries shall not discharge into the
Town
POTW if there is a combined sewer overflow (CSO) on the sewer lines conveying
the waste to the POTW treatment plant.
Solid waste grinders for these purposes shall be permitted only upon
consent of a Professional Engineer.
b)
Solid waste grinders serving residential users shall be permitted only
with consent of a professional engineer.
Section
910 - Rejection of Wastewater
The Town Board may reject a User's
wastewater, on recommendation of the District Operator, when it is has been
determined that the wastewater contains substances or possesses characteristics
which have a deleterious effect on the POTW and its processes, or on the
receiving water, or which constitute a public nuisance or hazard. See Section
1016.
END OF ARTICLE 9
Section 1001 - Wastewater Discharge Reports
Section 1002 - Notification to Industrial Users
Section 1003 A - Wastewater
Discharges
Section 1003 B - Wastewater
Discharge Permits Required For
Significant Industrial Users
Section 1003 C - Other
Industrial Users
Section 1003 D - Discharge Permits to Storm
Sewers Not
Authorized
Section 1004 A
- Application for Wastewater Discharge
Permit
Section 1004 B - Permit
Modifications
Section 1004 C - Permit
Conditions
Section 1004 D - Permit
Duration
Section 1004 E - Permit Reissuance
Section 1004 F - Permit
Transfer
Section 1004 G - Permit
Revocation
Section 1004 H - Public
Notification
Section 1005 - Reporting Requirements for Permittee
Section 1006 - Flow Equalization
Section 1007 - Monitoring Stations (Control Manholes)
Section 1008 - Proper Design and Maintenance of
Facilities
and Monitoring Stations
Section 1009 - Vandalism, Tampering with Measuring
Devices
Section 1010 - Sampling and Analysis
Section 1011 - Accidental Discharges; SPCC Plan
Section 1012 - Posting Notices
Section 1013 - Sample Splitting
Section 1014 - Public Access to Information Maintained by
the District Operator
Section 1015 A
- Access to Property and Records
Section 1015 B - Access to
Easements
Section 1015 C - Liability of Property Owner
Section 1016 - Special Agreements
Section
1001 - Wastewater Discharge Reports
As a means of determining compliance
with this Law, with applicable SPDES permit conditions, and with applicable
State and Federal law, each industrial user shall be required to notify the
District Operator of any new or existing discharges to the POTW by submitting a
completed Industrial Chemical Survey (ICS) form and a completed Industrial
Wastewater Survey (IWS) form to the District Operator. The Town Board may
require any user discharging wastewater into the POTW to file wastewater
discharge reports and to supplement such reports as the District Operator deems
necessary. All information shall be
furnished by the user in complete cooperation with the District Operator.
Section
1002 - Notification to Industrial Users
The District Operator shall, from time
to time, notify each industrial user of applicable Pretreatment Standards, and
of other applicable requirements under Section 204(B) and Section 405 of the
Clean Water Act, and Subtitles C and D of RCRA.
Section
1003 A - Wastewater Discharges
No Significant Industrial User shall
discharge wastewater to the POTW without having a valid Wastewater Discharge
Permit, issued by the District Operator.
Significant Industrial Users shall comply fully with the terms and
conditions of their permits in addition to the provisions of this Law. Violation of a permit term or condition is
deemed a violation of this Law.
Section
1003 B - Wastewater Discharge Permits Required For Significant Industrial Users
All Significant Industrial Users
proposing to connect to or to discharge to the POTW shall obtain a Wastewater Discharge
Permit before connecting to or discharging to the POTW. Existing significant
industrial users shall make application for a Wastewater Discharge Permit
within 30 days after the effective date of this Law, and shall obtain such a
permit within 90 days after making application.
Section
1003 C - Other Industrial Users
The District Operator may issue
Wastewater Discharge Permits to other industrial users of the POTW.
Section
1003 D - Discharge Permits to Storm Sewers Not Authorized
The Town does not have the authority to issue
permits for the discharge of any wastewater to a storm sewer. This authority
rests with the NYSDEC.
Section
1004 A - Application for Wastewater Discharge Permits
Industrial users required to obtain a
Wastewater Discharge Permit shall complete and file with the District Operator
an application in the form prescribed by the Town, the application shall be
accompanied by a fee, as set forth in Section 1203. In support of any
application, the industrial user shall submit, in units and terms appropriate
for evaluation, the following information:
(1)
Name, address, and location (if different from the address).
(2)
SIC code of both the industry and any categorical processes.
(3)
Wastewater constituents and characteristics including but not limited to
those mentioned in Article 10 of this Law and which are limited in the
appropriate Categorical Standard, as determined by a reliable analytical
laboratory approved by the NYSDOH. Sampling and analysis shall be performed in
accordance with Standard Methods.
(4)
Time and duration of the discharge.
(5)
Average daily peak wastewater flow rates, including daily, monthly, and
seasonal variations, if any.
(6)
Site plans, floor plans, mechanical and plumbing plans, and details to
show all sewers, sewer connections, and appurtenances.
(7)
Description of activities, facilities, and plant processes on the
premises, including all materials which are or could be discharged to the POTW.
(8)
Each product produced by type, amount, process or processes, and rate of
production.
(9)
Type and amount of raw materials processed (average and maximum per
day).
(10)
Number and type of employees, and hours of operation, and proposed or
actual hours of operation of the pretreatment system.
(11)
The nature and concentration of any pollutants in the discharge which
are limited by any County, State, or Federal Standards, and a statement whether
or not the standards are being met on a consistent basis and if not whether
additional Operation and Maintenance (O&M) and/or additional pretreatment
is required for the user to meet all applicable Standards.
(12)
If additional pretreatment and/or O&M will be required to meet the
Standards, then the industrial user shall provide the shortest schedule to
accomplish such additional treatment and/or O&M. The completion date in
this schedule shall not be longer than the compliance date established for the
applicable Pretreatment Standard. The
following conditions shall apply to this schedule:
(a) The schedule shall contain progress
increments in the form of dates
for the commencement and completion of
major events leading to the construction and operation of additional
pretreatment required for the user to
meet the applicable Pretreatment Standards (such events include hiring
an engineer, completing preliminary
plans, completing final plans, executing contracts for major components,
commencing construction, completing
construction, beginning operation, and beginning routine operation).
(b) No increment referred to in (a) above
shall exceed 9 months, nor shall the
total compliance period exceed 18 months.
(c) No later than 14 calendar days following
each date in the schedule and the final
date for compliance, the user shall
submit a progress report to the
District Operator including, as a minimum, whether or not it complied
with the increment of progress to be met on such date and, if not, the date on
which it expects to comply with this increment of progress, the reason for
delay, and the steps being taken by the user to return to the established
schedule. In no event shall more
than 9 months elapse between such progress reports to the District Operator.
(13) Any other information as may deemed by the District Operator to be necessary to evaluate
the permit application.
The District Operator will evaluate the
data furnished by the industrial user and may require additional information.
After evaluation and acceptance of the data furnished, the Town may issue a
Wastewater Discharge Permit subject to terms and conditions provided herein.
Section
1004 B - Permit Modifications
Wastewater Discharge Permits may be
modified by the District Operator, upon 30 days notice to the permittee, for just cause. Just cause shall include, but
not be limited to:
(1)
Promulgation of an applicable National Categorical Pretreatment
Standard,
(2)
Revision of or a grant of a variance from such categorical standards pursuant to 40 CFR 403.13,
(3)
Changes in general discharge prohibitions and local limits as per
Section 903 of this law,
(4)
Changes in processes used by the permittee, or
changes in discharge volume or character,
(5)
Changes in design or capability of any part of the POTW,
(6)
Discovery that the permitted discharge causes or contributes to pass
through or interference, and
(7)
Changes in the nature and character of the sewage in the POTW as a
result of other permitted discharges.
Any changes or new conditions in the
permit shall include a
reasonable time schedule for compliance as set forth in Section 1004 A (12)(a).
Section
1004 C - Permit Conditions
Wastewater Discharge Permits shall be
expressly subject to all the provisions of this Law, and all other applicable
regulations, user charges and fees established by the Town. Permits may contain the following:
(1)
Limits on the average and maximum rate and time of discharge, or
requirements for flow regulation and equalization.
(2)
Limits on the average and maximum wastewater constituents and characteristics, including
concentration or mass discharge limits.
(3)
The unit charge or schedule of user charges and fees for the management
of the wastewater discharged to the POTW.
(4)
Requirements for installation and maintenance (in safe condition) of
inspection and sampling facilities.
(5)
Specifications for monitoring programs which may include sampling
locations, frequency of sampling, number, types, and standards for tests, and reporting
schedules.
(6)
Compliance schedules
(7)
Requirements for submission of technical reports or discharge reports.
(8)
Requirements for maintaining and retaining plant records relating to
wastewater discharge, as specified by the Town, and affording the District
Operator access thereto.
(9)
Requirements for notification of the Town of any new introduction of
wastewater constituents or of any substantial change in the volume or character
of the wastewater constituents being introduced into the POTW.
(10) Requirements for the notification
of the Town of any change in the manufacturing and/or pretreatment process used
by the permittee.
(11) Requirements for notification of
excessive, accidental, or slug discharges.
(12) Other conditions as deemed
appropriate by the Town to ensure compliance with this Law, and State and
Federal laws, rules, and regulations.
Section
1004 D - Permit Duration
Permits shall be issued for a specified
time period, not to exceed five (5) years. A permit may be issued for a period
less than five (5) years.
Section
1004 E - Permit Reissuance
The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of
the user's existing permit. The terms and conditions of the permit may be
subject to modification, by the District Operator, during the term of the
permit, as limitations or requirements, as identified in Section 1004 B, or
other just cause exists. The User shall be informed of any proposed changes in
his permit at least 30 days prior to the effective date of the change. Any
changes or new conditions in the reissued permit shall include a reasonable
time schedule for compliance as established in Section 1004 A (12)(a).
Section
1004 F - Permit Transfer
Wastewater Discharge Permits are issued
to a specific User for a specific operation, or discharge at a specific
location. A Wastewater Discharge Permit shall not be reassigned, transferred,
or sold to a new owner, new User, different premises, or a new or changed
operation.
Section
1004 G - Permit Revocation
Wastewater Discharge Permits may be
revoked for the following reasons: falsifying self-monitoring reports,
tampering with monitoring equipment, refusing to allow the District Operator
timely access to the industrial premises, failure to meet effluent limitations,
failure to pay fines, failure to pay user charges, and failure to meet
compliance schedules.
Section
1004 H - Public Notification
The Town will publish in the Town
official daily newspaper(s), informal notice of intent to issue a Wastewater
Discharge Permit, at least 14 days prior to issuance.
Section
1005 - Reporting Requirements for Permittee
The reports or documents required to be
submitted or maintained under this section shall be subject to:
(a)
The provisions of 18 USC Section 1001 relating to fraud and false
statements;
(b)
The provisions of Sections 309(c)(4) of the
Act, as amended, governing false statements, representation or certification;
and
(c)
The provisions of Section (c)(6) of the Act, as
amended, regarding corporate officers.
(1) Baseline Monitoring Report
Within 180 days after promulgation of an
applicable Federal Categorical Pretreatment Standard, a User subject to that
standard shall submit, to the District Operator, the information required by
paragraphs (8) and (9) of Section 1004 A.
(2) 90-Day Compliance Report
Within 90 days following the date for final
compliance with applicable Pretreatment Standards, or, in the case of a New
Source, following commencement of the introduction of wastewater into the POTW,
any User subject to Pretreatment Standards and Requirements shall submit, to
the District Operator, a report indicating the nature and concentration of all
pollutants in the discharge, from the regulated process, which are limited by
Pretreatment Standards and Requirements, and the average and maximum daily flow
for these process units in the User's facility which are limited by such
Pretreatment Standards and Requirements. The report shall state whether the
applicable Pretreatment Standards and Requirements are being met on a
consistent basis, and, if not, what additional O&M and/or pretreatment is
necessary to bring the User into compliance with the applicable Pretreatment
Standards or Requirements. This
statement shall be signed by an authorized representative of the Industrial
User, and certified to by a qualified professional.
(3) Periodic Compliance Reports
(a)
Any User subject to a Pretreatment Standard, after the compliance date of such Pretreatment
Standard, or, in the case
of a New Source, after commencement of the discharge into the POTW, shall
submit to the District Operator, during the months of June and December, unless
required more frequently in the Pretreatment Standard or by the Town Board, a
report indicating the nature and concentration of pollutants in the effluent
which are limited by such Pretreatment Standards. In addition, this report
shall include a record of all daily flows which, during the reporting period,
exceeded the average daily flow reported in Section 1004 A. At the discretion
of the District Operator, and in consideration of such factors as local high or
low flow rates, holidays, budget cycles, etc., the District Operator may agree
to alter the months during which the above reports are to be submitted,
however, no fewer than two reports shall be submitted per year.
(b)
The District Operator may impose mass limitations on Users, which are using dilution to
meet applicable Pretreatment Standards or Requirements, or, in other cases
where the imposition of mass limitations are
appropriate. In such cases, the report required by Section 1005 (3) (a)
shall indicate the mass of
pollutants regulated by Pretreatment Standards in the effluent of the User.
These reports shall contain the results of discharge sampling and analysis,
including the flow, and the nature and concentration, or production and mass, where
requested by the District Operator, of pollutants contained therein, which are
limited by the applicable Pretreatment Standard. All analyses shall be
performed in accordance with Standard Methods, by a laboratory certified by NYSDOH to
perform the analyses.
(4) Violation Report
If sampling, performed by the
user, indicates a violation of this Law and/or the User's discharge permit, the
User shall notify the District Operator within 24 hours of becoming aware of
the violation. The User shall also repeat the sampling and analysis and submit
the results of the repeat analysis to the District Operator within 30 days
after becoming aware of the violation. The User is not required to re-sample if
the POTW performs monitoring of the User's discharge at least once a month for
the parameter which was violated, or if the POTW performs sampling, for the
parameter which was violated, between the User's initial sampling and when the
User receives the results of this sampling.
(5) Other reports
The District Operator may
impose reporting requirements equivalent to the requirements imposed by Section
1005(3) for users not subject to pretreatment standards.
Section
1006 - Flow Equalization
No person shall cause the discharge of
slugs to the POTW. Each person discharging, into the POTW, greater than 100,000
gallons per day or greater than five percent (5%) of the average daily flow in
the POTW, whichever is lesser, shall install and maintain, on his property and
at his expense, a suitable storage and flow control facility to insure
equalization of flow over a twenty-four (24) hour period. The facility shall
have a capacity for at least fifty percent (50%) of the daily discharge volume
and shall be equipped with alarms and a rate of discharge controller, the
regulation of which shall be directed by the District Operator. A wastewater
discharge permit may be issued solely for flow equalization.
Section
1007 - Monitoring Stations (Control Manholes)
(a) All Significant Industrial Users, and
other Industrial Users whose industrial waste discharge has caused or may cause
Interference or Pass-Through shall install and maintain a suitable monitoring
station, on their
premises at their expense, to facilitate the observation, sampling, and
measurement of their industrial wastewater discharge.
(b) If there is more than one street lateral
serving an Industrial User, the District Operator may require the installation
of a control manhole on each lateral.
(c) The District Operator may require that
such monitoring station(s)
include equipment for the continuous measurement and recording of wastewater
flow rate and for the sampling of the
wastewater. Such station(s) shall be
accessibly and safely located, and the Industrial User shall allow immediate
access, without prior notice, to the
station by the District Operator, or his designated representative.
Section
1008 - Proper Design and Maintenance of Facilities and
Monitoring Stations
Preliminary treatment, and flow
equalization facilities, or monitoring stations, if provided for any
wastewater, shall be constructed and maintained continuously clean, safe, and
continuously operational by the owner at his expense. Where an Industrial User
has such treatment, equalization, or monitoring facilities at the time this Law
is enacted, the District Operator may approve or disapprove the adequacy of
such facilities. Where the District Operator disapproves of such facilities and
construction of new or upgraded facilities for treatment, equalization, or
monitoring are required, plans and specifications for such facilities shall be
prepared by a licensed professional engineer and submitted to the District
Operator. Construction of new or upgraded facilities shall not commence until
written approval of the District Operator has been obtained.
Section
1009 - Vandalism, Tampering with Measuring Devices
No unauthorized person shall
negligently break, damage, destroy, uncover, deface, tamper with, prevent
access, or render inaccurate, or cause or permit the negligent breaking,
damaging, destroying, uncovering, defacing, tampering with, preventing access,
or rendering inaccurate to:
i
- any structure, appurtenance, or equipment which is
a
part of the Town POTW, or
ii -
any measuring, sampling, and/or testing device or
mechanism
installed pursuant to any requirement under
this
law except as approved by the Town Board under direction of
the
District Operator.
Section
1010 - Sampling and Analysis
Sampling shall be performed so that a
representative portion of the wastewater is obtained for analysis.
All measurements, tests, and analyses
of the characteristics of waters and wastes required in any section of this Law
shall be carried out in accordance with Standard Methods, by a laboratory
certified by NYSDOH to perform the analyses.
Such samples shall be taken at the approved monitoring stations
described in Section 1007, if such a station exists. If an approved monitoring
station is not required, then samples shall be taken from another location on
the industrial sewer lateral before discharge to the public sewer. Unless
specifically requested otherwise, or unless specifically not allowed in Federal
regulation, samples shall be gathered as flow proportioned (where feasible)
composite samples made up of individual samples taken not less than once per
hour for the period of time equal to the duration of industrial wastewater
discharge during daily operations (including any cleanup shift).
Section
1011 - Accidental Discharges; SPCC Plan
Each user shall provide for protection
from accidental or slug discharges of prohibited materials or discharges of
materials in volume or concentration exceeding limitations of this Law or of an
Industrial Wastewater Discharge Permit. Users shall immediately notify the
District Operator of the discharge of wastes in violation of this Law or any
Permit. Such discharges may result from:
(1) Breakdown of pretreatment equipment
(2) Accidents caused by mechanical failure, or
negligence
(3) Other causes.
Where possible, such immediate
notification shall allow the District Operator to initiate appropriate
countermeasure action at the POTW. The user shall prepare a detailed written
statement following any accidental or slug discharge, which describes the
causes of the discharge and the measures being taken to prevent future
occurrences, within five (5) days of the occurrence, and the District Operator
shall receive a copy of such report no later than the fifth calendar day
following the occurrence. Analytical results and their interpretation may be
appended to the report at a date not exceeding 45 calendar days after the
occurrence.
When required by the District Operator,
detailed plans and procedures to prevent accidental or slug discharges shall be
submitted to the District Operator, for approval. These plans and procedures
shall be called a Spill Prevention, Control, and Countermeasure (SPCC) Plan.
The plan shall address, at a minimum, the following:
(a)
Description of discharge practices, including non-routine batch
discharges;
(b)
Description of stored chemicals;
(c)
Procedures for immediately notifying the POTW of any accidental or slug
discharge. Such notification must also be given for any discharge which would
violate any provision of the permit and any National Prohibitive Discharge
Standard;
(d)
Procedures to prevent adverse impact from any accidental or slug
discharge. Such procedures include, but are not limited to, inspection and
maintenance of storage areas, handling and transfer of materials, loading and
unloading operations, control of plant site run-off, worker training, building
of containment structures or equipment, measures for containing toxic organic
pollutants (including solvents), and/or measures and equipment for emergency
response.
Section
1012 - Posting Notices
In order that the Industrial User's
employees be informed of the Town requirements, a notice shall be permanently
posted on appropriate bulletin boards within the user's facility advising
employees of the Town requirements and whom to call in case of an accidental
discharge in violation of this Law.
Section
1013 - Sample Splitting
When so requested in advance by an
industrial user, and when taking a sample of industrial wastewater, the Town
representative(s) shall gather sufficient volume of sample so that the sample
can be split into two nearly equal volumes, each of size adequate for the
anticipated analytical protocols including any Quality Control (QC) procedures.
One of the portions shall be given to the representative of the industrial user
whose wastewater was sampled, and the other portion shall be retained by the
Town for its own analysis.
Section
1014 - Public Access to Information Maintained by the
District Operator
When requested, the District Operator
shall make available, to the public, for inspection and/or copying, information
and data on industrial users obtained from reports, questionnaires, permit
applications, permit and monitoring programs, and inspections, unless the
Industrial User specifically requests, and is able to demonstrate to the
satisfaction of the District Operator, that such information, if made public,
would divulge processes or methods of production entitled to protection as
trade secrets of the user. Wastewater constituents and characteristics, and
reports of accidental discharges shall not be recognized as confidential.
Confidential information shall not be
made available for inspection and/or copying by the public but shall be
disclosed, upon written request, to governmental agencies, for uses related to
this Law, or the SPDES Permit, providing that the governmental agency making
the request agrees to hold the information confidential, in accordance with
State or Federal Laws, Rules and Regulations.
The District Operator shall provide written notice to the industrial
user of any disclosure of confidential information to another governmental
agency.
Section
1015 A - Access to Property and Records
The District Operator and other authorized
representatives of Town, representatives of EPA, NYSDEC, NYSDOH, and/or New
York State Health Department - Watertown Office, bearing proper credentials and
identification,shall be permitted to enter upon all non-residential
properties at all times for the purpose of inspection, observation, sampling,
flow measurement, and testing to ascertain a user's compliance with applicable
provisions of Federal and State law governing use of Town POTW, and with the
provisions of this Law. Inspections of residential properties shall be
performed in proper observance of the resident's civil rights. Such
representative(s) shall have the right to set up, on the User's property or
property rented/leased by the User, such devices as are necessary to conduct
sampling or flow measurement. Guard dogs shall be under proper control of the
User while the representatives are on the User's property or property rented/leased by the User. Such representative(s) shall,
additionally have access to and may copy any records the User is required to
maintain under this Law. Where a User has security measures in force which
would require proper identification and clearance before entry into the
premises, the user shall make necessary arrangements so that upon presentation
of suitable identification, inspecting personnel will be permitted to enter,
without delay, for the purpose of performing their specific responsibilities.
Section
1015 B - Access to Easements
The District Operator, bearing proper
credentials and identification, shall be permitted to enter all private
premises through which the Town holds an easement for the purpose of
inspection, observation, measurement, sampling, repair, and maintenance of any
portion of the Town public sewer system lying within the easement. All entry
and subsequent work on the easement shall be done in accordance with the terms
of the easement pertaining to the private premises involved.
Section
1015 C - Liability of Property Owner
During the performance, on private
premises, of inspections, sampling, or other similar operations referred to in
Sections 1014 A and 1014 B, the inspectors shall
observe all applicable safety rules established by the owner or occupant of the
premises. The owner and/or occupant shall be held harmless for personal injury
or death of the inspector and the loss of or damage to the inspector's supplies
and/or equipment; and the inspector shall indemnify the owner and/or occupant
against loss or damage to property of the owner or occupant by the inspector
and against liability claims asserted against the owner or occupant for
personal injury or death of the inspector or for loss of or damage to the
inspector's supplies or equipment arising from inspection and sampling operations,
except as such may be caused by negligence or failure of the owner or occupant
to maintain safe conditions.
Section
1016 - Special Agreements
Nothing in this Article shall be
construed as preventing any special agreement or arrangement between the Town
and any User of the POTW whereby wastewater of unusual strength or character is
accepted into the POTW and specially treated, subject to any payments or user
charges, as may be applicable. In
entering into such a special agreement, the Town Board shall consider whether the wastewater
will:
(1)
pass-through or cause interference
(2)
endanger the public municipal employees
(3)
cause violation of the SPDES Permit
(4)
interfere with any Purpose stated in Section
102
(5)
prevent the equitable compensation to the Town
for wastewater conveyance and treatment,
and sludge management and disposal
No discharge which violates the Federal
Pretreatment Standards will be allowed under the terms of such special
agreements.
No agreement shall be entered into
without the user having been issued and presently having a permit to discharge
wastes into the POTW for treatment and disposal. Additionally the user shall be
in compliance with all conditions in the permit and shall not be in arrears in
any charges due to the Town before the agreement is entered into. The Town
Board may condition the agreement.
Section 1101 - Enforcement
Response Plan
ADMINISTRATIVE REMEDIES
Section 1102 - Notification of
Violation
Section 1103 - Consent Orders
Section 1104 - Administrative
or Compliance Orders
Section 1105 - Administrative Fines
Section 1106 - Cease and Desist
Orders
Section 1107 - Termination of
Permit
Section 1108 - Water Supply
Severance
Section 1109 - Show Cause Hearing
Section 1110 - Failure of User
to Petition the
District Operator
Section 1111 - Notice
Section 1112 - Right to Choose
Multiple Remedies
JUDICIAL REMEDIES
Section 1113 - Civil Actions
for Penalties
Section 1114 - Court Orders
Section 1115 - Criminal
Penalties
Section 1116 - Injunctive
Relief
Section 1117 - Summary Abatement
MISCELLANEOUS
Section 1118 - Delinquent
Payments
Section 1119 - Performance
Bonds
Section 1120 - Liability
Insurance
Section 1121 - Informant
Rewards
Section 1122 - Public
Notification
Section 1123 - Contractor ListingsSection 1101 - Enforcement Response Plan
The District Operator shall prepare an
Enforcement Response Plan. The Enforcement Response Plan, in a step-by-step
fashion, shall outline the procedures to be followed to identify, document, and
respond to violations by Users of the POTW. All violations by Users of the POTW
shall be met with some type of enforcement response. The response shall be
comprehensive and effective.
The Enforcement Response Plan shall:
(1) describe how the
District Operator will investigate instances of non-compliance
(2) describe the
types of escalated enforcement actions that the District Operator will take in
response to all anticipated types of User violations and the time periods
within which to initiate and follow-up these actions
(3) adequately
reflect the Town Board's responsibility to enforce all applicable standards and
requirements.
The Enforcement Response Plan shall
contain:
(1) criteria for
scheduling periodic inspection and/or sampling visits to POTW Users
(2) forms and
guidelines for documenting compliance data in a manner which will enable the
information to be used as evidence
(3) systems to track
due dates, compliance schedule milestones, and pending enforcement actions
(4) criteria,
responsible personnel, and procedures to select and initiate an enforcement
action.
The range of appropriate enforcement
actions shall be based on the nature and severity of the violation and other
relevant factors, such as:
magnitude
of the violation
duration of
the violation
effect
of the violation on the receiving water
effect
of the violation on the POTW
effect
of the violation on the health and safety of the POTW employees
compliance
history of the User
good
faith of the User
and
shall promote consistent and timely use of enforcement remedies.
The Town Board shall approve the
Enforcement Response Plan. The
Enforcement Response Plan shall be reviewed at least every five years.
ADMINISTRATIVE
REMEDIES
Section
1102 - Notification of Violation
Whenever the District Operator finds
that any User has violated or is violating this Law, or any Wastewater
Discharge Permit, order, prohibition, limitation, or requirement permitted by
this Law, the District Operator may serve upon such person a written notice
stating the nature of the violation. Within ten (10) calendar days of the date
the District Operator mails the notice, an explanation of the violation and a
plan for the satisfactory correction and prevention thereof shall be submitted
to the District Operator, by the User. The correction and prevention plan shall
include specific actions. Submission of this plan in no way relieves the User
of liability for any violations caused by the User before or after receipt of
the Notice of Violation.
Section
1103 - Consent Orders
The District Operator is hereby
empowered to enter into Consent Orders, assurances of voluntary compliance, or
other similar documents establishing an agreement with the User responsible for
the noncompliance. Such orders shall include specific action to be taken by the
User to correct the noncompliance within a time period also specified by the
order. Consent Orders shall have the same force and effect as an administrative
order.
Section
1104 - Administrative or Compliance Orders
When the District Operator finds that a
User has violated or continues to violate this Law or a permit or
administrative order issued thereunder, he may issue an administrative order to
the User responsible for the discharge directing that, following a specified
time period, sewer service shall be discontinued, severed and abated unless the
violation is corrected and that there is no reoccurrence of the violation.
Administrative orders may also contain such other
requirements as might be reasonably necessary and appropriate to address the
noncompliance, including the installation of pretreatment technology,
additional self-monitoring, and management practices.
The User may, within fifteen (15)
calendar days of receipt of such order, petition the Town Board to modify or
suspend the order. Such petition shall be in written form and shall be
transmitted to the Town Board by registered mail. The Town Board shall then:
(1) Reject any frivolous petitions,
(2) Modify or suspend the order, or
(3) Order the petitioner to show cause in
accordance with Section 1109
and may as part of the show cause notice request the User to supply additional
information.
Section
1105 - Administrative Fines
Notwithstanding any other section of
this Law, any User who is found to have violated any provision of this Law, or
a wastewater discharge permit or administrative order issued hereunder, shall
be fined in an amount not less than two hundred-fifty dollars ($250.00) and not
to exceed one thousand dollars ($1,000.00) per violation. Each day on which
noncompliance shall occur or continue shall be deemed a separate and distinct
violation.
The User may, within fifteen (15)
calendar days of notification of the District Operator's notice of such fine,
petition the Town Board to modify or suspend the order. Such petition shall be
in written form and shall be transmitted to the Town Board by registered mail.
The Town Board shall then:
(1) Reject any frivolous petitions,
(2) Modify or suspend the fine, or
(3) Order the petitioner to show cause in
accordance with Section 1109 and may as
part of the show cause notice request
the User to supply additional information.
Section
1106 - Cease and Desist Orders
When the District Operator finds that a
User has violated or continues to violate this Law or any permit or
administrative order issued hereunder, the District Operator may issue an
administrative order to cease and desist all such violations and direct those
persons in noncompliance to:
(1)
Comply forthwith
(2)
Take such appropriate remedial or preventive action as may be needed to
properly address a continuing or threatened violation, including halting
operations or terminating the discharge.
The User may, within fifteen (15)
calendar days of the date the District Operator mails notification of such
order, petition the Town Board to modify or suspend the order. Such petition
shall be in written form and shall be transmitted to the Town Board by
registered mail. The Town Board shall then:
(1) Reject any frivolous petitions,
(2) Modify or suspend the order,
(3) Order the petitioner to show cause in accordance
with Section 1109 and may as part of
the show cause notice request the User to supply additional information.
Section
1107 - Termination of Permit
Any User who violates the following
conditions of this Law or a wastewater discharge permit or administrative
order, or any applicable or State and Federal law, is subject to permit
termination:
(1) Violation of permit conditions or conditions
of an
administrative order,
(2) Failure to accurately report the
wastewater
constituents and characteristics of its discharge,
(3) Failure to report significant changes in
operations or
wastewater constituents and characteristics,
(4) Refusal of reasonable access to the User's
premises for the
purpose of inspection, monitoring, or sampling, or
(5) Failure to pay administrative fines, fees
or user charges.
Non-compliant industrial Users will be notified, by registered mail, of
the proposed termination of their wastewater permit.
The User may, within fifteen (15)
calendar days of the date the District Operator mails such notification,
petition the Town Board to permit continued use of the POTW by the user. Such
petition shall be in written form and shall be transmitted to the Town Board by
registered mail. The Town Board shall
then:
(1) Reject any frivolous petitions,
(2) Order the petitioner to show cause in
accordance with Section 1109 and may as part of the show cause notice request
the User to supply additional information.
Section
1108 - Water Supply Severance
Whenever a User has violated or
continues to violate the provisions of this Law or an order or permit issued
hereunder, water service to the User may be severed and service will only
recommence, at the User's expense, after it has satisfactorily demonstrated its
ability to comply.
The User may, within fifteen (15) calendar days of severance, petition
the District Operator to reconnect water supply service. Such petition shall be
in written form and shall be transmitted to the District Operator by registered
mail. The District Operator shall then:
(1) Reject any frivolous petitions,
(2) Reconnect the water supply, or
(3) Order the petitioner to show cause in
accordance with Section 1109 and may as
part of the show cause notice request the User to supply additional
information.
Section
1109 - Show Cause Hearing
The District Operator may order any
User appealing administrative remedies for violations of this Law to show
cause, before the Town Board, why an enforcement action, initiated by the
District Operator, should not be taken. A notice shall be served on the User
specifying the time and place of a hearing to be held by the Town Board
regarding the violation, the reasons why the action is to be taken, the
proposed enforcement action, and directing the User to show cause before the
Town Board why the proposed enforcement action should not be taken. The notice
of the hearing shall be served at least ten (10) calendar days before the
hearing in accordance with Section 1111 of this Article. Service shall be made
on any principal or executive officer of a User's establishment or to any
partner in a User's establishment. The notice of the hearing shall be served at
least ten (10) calendar days before the hearing, in accordance with Section
1111.
The Town Board may itself conduct the
hearing, or may designate any of its members or any officer or employee of the
Town to conduct the hearing:
(1) Issue, in the name of the Town Board, notices
ofhearings requesting the attendance and testimony of
witnesses, and the production of evidence relevant to any matter involved
in such hearings,
(2) Take the evidence,
(3) Take sworn testimony,
(4) Transmit a report of the evidence and
hearing, including
transcripts and other evidence, together with recommendations to the Town Board for action thereon.
After the Town Board has reviewed the
evidence and testimony, it may order the user to comply with the District
Operator's order or fine, modify the District Operator's order or fine, or
vacate the District Operator's order or fine.
Section
1110 - Failure of User to Petition the Town Board
In the event the District Operator
issues any administrative order, terminates the User's permit, or makes any
fine as set forth in this article, and the User fails, within the designated
period of time set forth, to petition the Town Board, as provided in appropriate
sections of this article, the User shall be deemed in default and its rights to
contest the administrative order or fine shall be deemed waived.
Section
1111 - Notice
The notices, orders, petitions, or
other notification which the User or District Operator shall desire or be
required to give pursuant to any sections of this Law shall be in writing and
shall be served personally or sent by certified mail or registered mail, return
receipt requested, postage prepaid, and the notice, order, petition, or other
communication shall be deemed given upon its mailing as provided herein. Any
notice, administrative order, or communication mailed to the User pursuant to
the sections of this Law shall be mailed to the User where the User's effluent
is discharged into transmission lines to the Town's POTW. Any notice, petition,
or other communication mailed to the District Operator shall be addressed and
mailed to the Town Office.
Section
1112 - Right to Choose Multiple Remedies
The District Operator shall have the
right, at the Town Board's sole discretion, to utilize any one or more
appropriate administrative remedies set forth in this Article. The District
Operator may utilize more than one administrative remedy established pursuant
to this Article, and the District Operator may hold one show cause hearing
combining more than one enforcement action.
JUDICIAL
REMEDIES
Section
1113 - Civil Actions For Penalties
Any person who violates any of the
provisions of or who fails to perform any duty imposed by this Law, or any
administrative order or determination of the District Operator promulgated
under this Law, or the terms of any permit issued hereunder, shall be liable to
the Town for a civil penalty not less than two hundred-fifty dollars ($250.00)
and not to exceed one thousand dollars ($1000) for each such violation, to be
assessed after a hearing (unless the User waives the right to a hearing) held
in conformance with the procedures set forth in this Article. Each violation
shall be separate and distinct violation, and in the case of continuing
violation, each day's continuance thereof shall be deemed a separate and
distinct violation. Such penalty may be recovered in an action brought by the
Town attorney, or his designated attorney, at the request of the District
Operator in the name of the Town, in any court of competent jurisdiction giving
preference to courts local to the Town.
In addition to the above described penalty, the District Operator may
recover all damages incurred by the Town from any persons or Users who violate
any provisions of this Law, or who fail to perform any duties imposed by this
Law or any administrative order or determination of the District Operator
promulgated under this Law, or the terms of any permit issued hereunder. In
addition to the above described damages, the District Operator may recover all
reasonable attorney's fees incurred by the Town in enforcing the provisions of
this Article, including reasonable attorney's fees incurred in any action to
recover penalties and damages, and the District Operator may also recover court
costs, and other expenses associated with the enforcement activities, including
sampling and monitoring expenses.
In determining the amount of civil
penalty, the court shall take into account all relative circumstances,
including, but not limited to the extent of harm caused by the violation, the
magnitude and duration, any economic benefit gained through the User's
violation, corrective actions by the User, the compliance history of the User,
and any other relative factors as justice may require.
Such civil penalty may be released or
compromised by the District Operator before the matter has been referred to the
Town attorney, and where such matter has been referred to the Town attorney,
any such penalty may be released or compromised and any action commenced to
recover the same may be settled and discontinued by the Town attorney, with the
consent of the District Operator.
Section
1114 - Court Orders
In addition to the power to assess
penalties as set forth in this Article, the District Operator shall have the
power, following the hearing held in conformance with the procedures set forth
in this Article, to seek an order:
(1)
Suspending, revoking, or modifying the violator's
Wastewater Discharge Permit, or
(2)
Enjoining the violator from continuing the violation.
Any such court order shall be sought in
an action brought by the Town attorney, at the request of the District
Operator, in the name of the Town in any court of competent jurisdiction giving
precedence to courts local to the Town.
The Town attorney, at the request of
the District Operator shall petition the Court to impose, assess, and recover
such sums imposed according to this Article. In determining amount of
liability, the Court shall take into account all relevant circumstances,
including, but not limited to, the extent of harm caused by the violation, the
magnitude and duration, any economic benefit gained through the User's
violation, corrective actions by the User, the compliance history of the User,
and any other factor as justice requires.
Section
1115 - Criminal Penalties
Any person who willfully violates any
provision of this Law or any final determination or administrative order of the
District Operator made in accordance with this Article shall be guilty of a
Class A Misdemeanor, and upon conviction thereof, shall be punished by a fine
of not less than Five Hundred Dollars ($500) nor more than One Thousand Dollars
($1,000), or imprisonment not to exceed one (1) year or both. Each offense
shall be a separate and distinct offense, and, in the case of a continuing
offense, each day's continuance thereof shall be deemed a separate and distinct
offense.
Any User who knowingly makes any false
statements, representations, or certifications in any application, record,
report, plan or other document filed or required to be maintained pursuant to
this Law, or wastewater permit, or who falsifies, tampers with, or knowingly
renders inaccurate any monitoring device or method required under this Law
shall be guilty of a Class A Misdemeanor and, upon conviction, shall be
punished by a fine of not more than One Thousand Dollars ($1,000.00) per
violation per day or imprisonment for not more than one (1) year or both.
No prosecution, under this Section,
shall be instituted until after final disposition of a show cause hearing, if
any, was instituted.
Section
1116 - Additional Injunctive Relief
Whenever a User has violated or
continues to violate the provisions of this Law or permit or order issued
hereunder, the District Operator, through counsel may petition the Court, in
the name of the Town, for the issuance of a preliminary or permanent injunction
or both (as may be appropriate) which restrains the violation of, or compels
the compliance with any order or determination thereunder by the District
Operator.
Section
1117 - Summary Abatement
Notwithstanding any inconsistent
provisions of this Law, whenever the District Operator finds, after
investigation, that any User is causing, engaging in, or maintaining a
condition or activity which, in the judgement of the District Operator or the
Town Board, presents an imminent danger to the public health, safety, or
welfare, or to the environment, or is likely to result in severe damage to the
POTW or the environment, and it therefore appears to be prejudicial to the
public interest to allow the condition or activity to go unabated until notice
and an opportunity for a hearing can be provided, the District Operator may,
without prior hearing, order such User by notice, in writing wherever
practicable or in such other form as practices are intended to be proscribed,
to discontinue, abate, or alleviate such condition or activity, and thereupon
such person shall immediately discontinue, abate,or
alleviate such condition or activity; or where the giving of notice is
impracticable, or in the event of a User's failure to comply voluntarily with
an emergency order, the District Operator may take all appropriate action to
abate the violating condition. As promptly as possible thereafter, not to
exceed fifteen (15) calendar days, the District Operator shall provide the User
an opportunity to be heard, in accordance with the provisions of this Article.
If the User is not within the
geographic boundaries of the
Town
the right of summary abatement to discontinue, abate, or alleviate conditions
or activities shall be those prescribed in the inter-
municipal agreement.
The District Operator, acting upon the
belief that an emergency exists, shall be indemnified against any personal
liability that may arise in the performance of his duties to protect the public
health, safety, or welfare, or to preserve the POTW or the environment.
MISCELLANEOUS
Section
1118 - Delinquent Payments
If there shall be any payments which
are due to the Town, or any Department thereof, pursuant to any Article or
Section of this Law, which shall remain due and unpaid, in whole or in part,
for a period of twenty (20) calendar days from the date of billing by the Town,
the same shall constitute a default, and there shall be added to the entire
amount of the original bill, a penalty equal to twenty percent (20%) of the
original bill, and interest shall accrue on the unpaid balance, at the rate of
two percent (2%) per month, retroactive to the date of the original billing.
In the event that there are any sewer
taxes, assessments, or other service charges which shall have been delinquent
for a period of at least sixty (60) calendar days as of October 1 of any year,
the Town Supervisor shall report the names of the defaulting persons to the
Town Board, the Town Assessor, and the Jefferson County Real Property Tax
Office on or before November 1 of the same year. The Town Assessor is hereby directed to add
the entire amount of the sewer tax, assessment, or other service charge which
shall be in default, plus penalty and interest, as provided for in this Law, to
the real property taxes due and owing to Town in the next succeeding year, and
the Town Supervisor is directed to collect the same in the same manner as real
property taxes due and owing to the Town are collected.
Where charges are delinquent and the
violator is not a resident of the Town, or is located outside the geographical
boundaries of the Town, then the Town attorney is authorized to seek recovery
of charges, including punitive damages, in a court of competent jurisdiction or
make arrangements with the appropriate county where the User is located to add
the amount of the sewer assessment or other charges which shall be in default,
plus penalty and interest, as provided for in the Law, to the real property
taxes due to the County in the next ensuing year.
Section
1119 - Performance Bonds
The District Operator may decline to
reissue a permit to any User which has failed to comply with the provisions of
this Law or any order or previous permit issued hereunder unless such User
first files with it a satisfactory bond, payable to the POTW, in a sum not to
exceed a value determined by the Town Board to be necessary to achieve
consistent compliance.
Section
1120 - Liability Insurance
The Town Board may decline to reissue a
permit to any User which has failed to comply with the provisions of this Law
or any order or previous permit issued hereunder, unless the User first submits
proof that it has obtained financial assurances sufficient to restore or repair
POTW damage caused by its discharge.
Section
1121 - Informant Rewards
The Town Board is authorized to pay up
to $500 for information leading to the discovery of noncompliance by a
User. In the event that the information
provided results in an administrative fine or civil penalty levied against the
User, the Town, upon approval of the Town Board, is authorized to disperse up
to ten (10) percent of the collected fine or penalty to the informant. However,
a single reward payment may not exceed $10,000, including the discovery reward.
Section
1122 - Public Notification
The Town Supervisor shall provide
public notification, in the daily newspaper with the largest circulation in the
Town, of Users which were in significant non-compliance of local or Federal
pretreatment standards or requirements since the last such notice. The
frequency of such notices shall be as occurring.
Section
1123 - Contractor Listings
(1)
Users which have not achieved consistent compliance with applicable pretreatment standards and
requirements are not eligible to receive a contractual award for the sale of
goods or services to the Town.
(2)
Existing contracts for the sale of goods or services to the Town held by
a User found to be in significant violation with pretreatment standards may be
terminated at the discretion of the Town Board.
END OF ARTICLE 11
ARTICLE 12
Section 1201 - Normal Sewage
Service Charges
Section 1202 - Surcharge for
Abnormal Sewage
Section 1203 - Total Sewer
Service Charge
Section 1204 - Segmenting the
POTW
Section 1205 - Measurement of
Flow
Section 1206 - Billing Period
Section 1207 - Pretreatment
Program Costs
Section 1208 - Charges for
Trucked and Hauled Wastes
Section 1209 - Capital Recovery
Section 1210 - Collection of
Charges
Section 1211 - Fiscal Year for
System
Section 1212 - Impact Fees
Section 1213 - Use of Revenues
Section 1214 - Records and
Accounts
Section
1201 - Normal Sewage Service Charges
All persons discharging or depositing
wastes into the public sewers shall pay a sewer service charge proportional to
the liquid volume of waste so deposited, which charge shall be collected as a
sewer rent.
Section
1202 - Surcharge for Abnormal Sewage
All persons discharging or depositing
wastes with concentrations in excess of the pollutant concentrations in normal
sewage shall pay a surcharge.
Section
1203 - Total Sewer Service Charge
The total sewer service charge, (which
shall be called the "User Charge"), is comprised of two parts, as
follows:
Fixed User Cost = UC(F)
Variable User Cost = UC(V)
Total User Cost UC(T) = UC(F) +
UC(V)The Fixed User Cost shall be defined as all costs associated with
indebtedness for capital costs, fixed operational costs, and other costs deemed
"Fixed" by the Town. The total
of these costs shall then be divided by the total number of "Equivalent
Dwelling Units" (EDU), as generally as follows or as otherwise defined by
the Town.
(EDU's)
Town of
Sewer District No. 1
Description |
EDU Assessment |
|
Single
family Home |
1 |
|
Apartments: 1
Bedroom 2
Bedroom 3
Bedroom |
0.5 0.75 1 |
|
Boarding
House per room |
0.2 |
|
Bowling
Alley per lane (no food) |
0.2 |
|
Campground Per
Sewaged Sites Unsewered Sites |
0.25 0.20 |
|
Carwash |
As determined by water usage |
|
Church |
1 |
|
Factories |
As determined by water usage |
|
Food
Service Restaurant
per seat Tavern-minimal
food service-per seat Mini
Mart |
0.1 0.05 As determined by water
usage |
|
Hair
dresser/Barber |
1 |
|
Hotel
per room |
0.3 |
|
Laundromats
per machine |
1.5 |
|
Mobile
Home Parks 1
bedroom unit 2
bedroom unit 3
bedroom unit |
0.5 0.75 1 |
|
Motels Per
Living Unit With
Kitchen |
0.25 0.40 |
|
Office
Buildings per square foot |
0.001 |
|
Dentist
per dentist |
1 |
|
School |
As determined by water usage |
|
Service
Stations per toilet |
1 |
|
Shopping
Center per square foot |
0.001 |
The Variable User Cost shall be defined as
costs associated with the
disposal into the Fort Drum Collection System, Development Authority of
the
Treatment
Plant, the sum of which will be assessed to the user at a rate
per
thousand gallons of sewage based upon metered water usage.
Section 1204 - Segmenting the POTW
The service area of the POTW may be
segmented to assist in a fair
distribution of user
charges, especially if there is a pump station
serving
a segment.
Section
1205 - Measurement of Flow
The volume of flow to be used in computing
sewer service charges and
abnormal sewage surcharges shall be based upon metered water consumption
as
shown on the records of meter readings maintained by the Town Water
Department. In the event that a person discharging wastes into the POTW
produces evidence, to the District Operator, demonstrating that a
substantial portion of the total amount of metered water does not reach
the
POTW, then the District Operator shall either establish a percentage
of
the total metered water to be used as a basis for such computations,
or
direct the installation of appropriate flow measuring (and
totalizing) devices to measure and record the actual amount of flow into
the
POTW. In the event that a person discharging wastes into the POTW
procures all or part of his water supply from un-metered sources, the
Town
Board shall either direct the installation of water meters on the
other sources of water supply, or direct the installation of appropriate
flow measuring devices to measure and record the actual amount of flow
into the POTW. Any water meters and/or flow measuring devices installed
pursuant to this Section shall be of a type and design acceptable to the
Town
Board and shall be installed, maintained, and periodically tested
as
required by the District Operator, at the owner's expense. All such
meters and/or flow measuring devices shall be subject to periodic
inspection, testing, and reading by the District Operator or the Town
Board. Any person discharging wastes
into the POTW may install a flow
measuring device at his option, of the type, design, installation, and
maintenance standards of the Town Board, at the owner's expense.
Section
1206 - Billing Period
The Billing Period shall be monthly for
industrial and quarterly
for non-industrial
users.
Section
1207 - Pretreatment Program Costs
The additional charges and fees associated
with the operation of the
pretreatment
program shall be assessed the User, and include:
(1)
reimbursement of costs of setting up and
operating the
pretreatment
program
(2)
issuing permits
(3)
monitoring, inspections, and surveillance
procedures
(4)
costs of equipment and supplies
(5)
reviewing accidental discharge procedures
(6)
construction inspections
(7)
filing appeals
(8)
application for consistent removal status as
outlined
in 40 CFR 403
(9)
other reasonable expenses to carry out the
program to
satisfy the
requirements of this Law, the NYSDEC, and the
Federal government
Section
1208 - Charges for Trucked and Hauled Wastes
The charge for treatment and disposal of
trucked or hauled waste which
has
been introduced into the POTW shall be as established by the Town
Board. The manner of determining the volume dumped shall be at the
discretion of the District Operator.
Section
1209 - Capital Recovery
The Town may institute an equitable
procedure for recovering the costs
of
any capital improvements of those parts of the POTW which collect,
pump, treat, and dispose of industrial wastewaters from those persons
discharging such wastewaters into the POTW.
Section
1210 - Collection of Charges
Provisions of Article 11 of this Law
relating to the collection of
penalties shall apply to the collection of Sewer Service Charges and
Abnormal
Sewage Service Surcharges, unless where otherwise provided by
application of the Sewer Rent Law by Town.
Section
1211 - Fiscal Year for System
The POTW shall be operated on the basis of a
fiscal year commencing
on the first day of
January and ending on the thirty-first day of December.
Section
1212 - New Hook-Up and Impact Fees
New
Hook-Ups: In addition to all construction costs associated with the
installation of new connection, including the Owner of the facility
receiving a new connection, shall pay the following inspection and
administration fee:
Residential: $150.00
Commercial: $ 0.50 Per square foot of building floor area.
In addition, The Town Board shall have the
authority to impose impact
fees on new development, which development may:
(1) - cause enlargement of the service
area of the POTW
(2) - cause increased hydraulic and/or
treatment demands on
the POTW
Section
1213 - Use of Revenues
Revenues derived from user charges and
associated penalties, and
impact fees, shall be credited to a special fund. Monies in this fund
shall be used exclusively for the following functions:
(a)
For the payment of the operation and maintenance,including
repair and
replacement costs of the Town POTW,
(b)
For the discovery and correction of inflow and infiltration,
(c) For the payment of interest on and
the amortization of or
payment of
indebtedness which has been or shall be incurred for the
construction
or extension of the Town POTW, and
(d)For the extension, enlargement,
replacement of, and/or additions
to the Town
POTW, including any necessary appurtenances.
Section
1214 - Records and Accounts
The Town shall maintain and keep proper
books of records and accounts
for
the POTW, separate from all other records and accounts, in which
shall be made full and correct entries of all transactions relating to
the
POTW. The Town will cause an annual audit of such books of record
and
account for the preceding fiscal year to be made by a recognized
independent certified
public accountant, and will supply such audit
report to
authorized officials, and the public, on request.
In conjunction with the audit, there shall
be an annual review of the
sewer charge system to determine if it is adequate to meet expenditures
for all
programs for the coming year.
Classification of old and new industrial
users should also be reviewed
annually.
The Town shall maintain and carry insurance
on all physical properties
of
the POTW, of the kinds and in the amounts normally carried by public
utility companies and municipalities engaged in the operation of sewage
disposal systems.
All moneys received for losses under any such
insurance policies
shall be applied solely to the replacement and
restoration
of the property damaged or destroyed.
Section 1301- POTW Operations Open to
the Public
Section 1302- Procedural Requirements
Available
Section 1303- Validity Through Public Inspection
Section
1301- POTW Operations Open to the Public
It
shall be the policy of the Town Board to conduct all business with
full disclosure to the public.
Section
1302- Procedural Requirements Available
The nature and requirements of all formal
procedures for applying for
a
permit and for requesting a permit under this Law and for requesting
a
hearing shall be formulated by the Town and be made available to any
resident of the Town upon request.
Section
1303- Validity Through Public Inspection
The Town shall formulate procedures to
make available to the public
for
inspection such orders, statements of policy, and interpretations
used by the Town in administration of this Law. No rule, regulation, or
civil order shall be valid until it has been available for public
inspection.
END OF ARTICLE 13
ARTICLE 14
CONFLICTS, SEVERABILITY,
EFFECTIVE DATE AND APPLICABILITY
Section 1401- Conflicts
Section 1402- Severability
Section 1403- Effective Date
Section 1404- Applicability
Section
1401- Conflicts
The provisions of any Town law in conflict with any provision of this Law are hereby repealed.
Section
1402- Severability
Each provision of this Law is severable
from the others, so that if any provision is held to be illegal or invalid for
any reason whatsoever, such illegal or invalid provision shall be severed from
this Law which shall nonetheless remain in full force and effect.
Section
1403- Effective Date
This law shall take effect 30 days
after its filing in the office of the Secretary of State.
Section
1404- Applicability
Articles 1, 2, 4, 8, 11, 12, 13 and 14
shall apply in all incorporated areas of the Town. Articles 3, 5, 6, 7, 9 and
10 shall apply only in incorporated areas of the Town which are also within the
service area of the POTW.
END OF ARTICLE 14