[HISTORY: Adopted by the Board of Trustees of the Village
of Weedsport 6-1-1994 by L.L. No. 1-1994; amended in its entirety 11-9-2011 by L.L. No.
1-2011. Amendments noted where applicable.]
The purpose of this chapter is to promote and protect the public
health, welfare and safety by regulating the use of the public sewer
system of the Village of Weedsport by residents of the Village, and
by residents located outside the Village of Weedsport, and by regulating
the use of private sewage disposal systems within the Village of Weedsport.
This chapter shall hereafter be known and cited as the "Sewer
Use Law."
This chapter is adopted under the authority of Article 14-F
of the General Municipal Law, Article 14 of the Village Law, Municipal
Home Rule Law § 10 of the State of New York, and the New
York State Constitution.
This chapter repeals and replaces Local Law No. 1-1994.
This chapter establishes the rules and regulations for the use
of the public sewer system of the Village of Weedsport. Said sewer
system consists of any and all sewage treatment facilities and connecting
sewer lines operated and maintained by the Village of Weedsport. This
chapter further applies to any sewer lines located on private property
connecting individual units to the public sewer system of the Village
of Weedsport.
A.
APARTMENT
APARTMENT BUILDING
ASTM
AWWA
BOD (denoting "biochemical oxygen demand")
BUILDING DRAIN
BUILDING LATERAL
BUILDING SEWER
DUPLEX
GARBAGE
INDUSTRIAL WASTES
NATURAL OUTLET
NCPI
OUTSIDE USER
PERSON
pH
PROPERLY SHREDDED GARBAGE
PUBLIC SEWER
SANITARY SEWER
SEWAGE
SEWAGE OR WASTEWATER TREATMENT PLANT
SEWAGE WORKS
SEWER
SLUG
STORM DRAIN (sometimes termed "storm sewer")
STREET LATERAL
SUPERINTENDENT
SUSPENDED SOLIDS
SWIMMING POOL
UFPO
UNIT
USER
WATERCOURSE
Unless the context specifically indicates otherwise, the meaning
of terms used in this chapter shall be as follows:
A suite or set of rooms in a residential building.
A building containing two or more sets of rooms in a residential
building.
The American Society for Testing and Materials.
The American Water Works Association.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20° C., expressed in milligrams per liter.
That part of the lowest horizontal piping of a drainage system
which receives the discharge from soil, waste, and other drainage
pipes inside the walls of the building and conveys it to the building
sewer, beginning five feet outside the inner face of the building
wall.
The sewer extension from the building drain to the street
lateral or other place of wastewater disposal.
The extension from the building drain to the public sewer
or other place of disposal.
A residential building housing two families.
Solid wastes from the domestic and commercial preparation,
cooking and dispensing of food and from the handling, storage and
sale of produce.
The liquid wastes from industrial manufacturing processes,
trade, or business, as distinct from sanitary sewage.
Any outlet into a watercourse, pond, ditch, lake or other
body of surface water or groundwater.
The National Clay Pipe Institute.
An owner or occupant, municipality or school of a unit which
is located outside of the Village of Weedsport.
Any individual, firm, company, association, society, corporation,
or group.
The logarithm of the reciprocal of the weight of hydrogen
ions in grams per liter of solution.
The wastes from the preparation, cooking and dispensing of
food that have been shredded to such a degree that all particles will
be carried freely under the flow conditions normally prevailing in
public sewers, with no particle greater than 1/2 inch in any dimension.
A sewer in which all owners of abutting properties have equal
rights and which is controlled by public authority.
A sewer which carries sewage and to which stormwater, surface
water, and groundwaters are not intentionally admitted.
A combination of the water-carried wastes from residences,
business buildings, institutions, and industrial establishments, together
with such groundwaters, surface water, and stormwaters as may be present.
Any arrangement of devices and structures used for treating
sewage.
All facilities for collecting, pumping, treating, and disposing
of sewage.
A pipe or conduit for carrying sewage.
Any discharge of water, sewage or industrial waste which
in concentration of any given constituent or in quantity of flow exceeds
for any period of duration longer than 15 minutes more than five times
the average twenty-four-hour concentration of flows during normal
operation.
A sewer which carries storm- and surface waters and drainage
but excludes sewage and industrial wastes, other than unpolluted cooling
water.
The sewer extension from the public sewer to the property
line.
The Superintendent of Public Works of the Village of Weedsport
or his authorized deputy, agent or representative.
Solids that either float on the surface of or are in suspension
in water, sewage or other liquids and which are removable by laboratory
filtering.
Any structure, basin, chamber or tank which is intended for
swimming, diving, recreational bathing or wading and which contains,
is designated to contain, or is capable of containing water more than
24 inches (610 millimeters) deep at any point. This includes in-ground,
aboveground and on-ground pools; indoor pools; hot tubs; spas; and
fixed-in-place wading pools.
The Underground Facilities Protection Organization.
Each building, business or separate living quarters served
by the Village of Weedsport water and sewer system and metered by
its own separate water meter.
An owner or occupant of a unit.
A channel in which a flow of water occurs, either continuously
or intermittently.
B.
Word usage. "Shall" is mandatory; "may" is permissive.
A.
The owner of all houses, buildings or properties used for human occupancy,
employment, recreation, or other purposes situated within the Village
of Weedsport, and abutting on any street, alley, or right-of-way in
which there is now located or may in the future be located a public
sanitary sewer of the Village is hereby required at his expense to
install suitable toilet facilities therein, and to connect such facilities
directly to said sewer in accordance with the provisions of this chapter,
within 180 days after date of official notice to do so, provided that
said public sewer is within 100 feet of the property line.
B.
No sewer service will be supplied to any new user in or outside of
the Village until a written application is submitted to the Village
Board stating the several and various uses for which the water and
sewer are to be used on the premises, which application shall be on
a form approved and prescribed by the Board of Trustees of the Village
of Weedsport and shall be subscribed by the users and all owners of
the units for which the use of sewer is sought and which application
shall contain an agreement by all said users and owners to be bound
by and to comply in all respects with the provisions of this chapter.
Said agreement shall be binding on the heirs, legatees, executors,
administrators, successors, assigns, and other transferees of each
said user or owner. Outside users shall in addition be required to
execute a contract on a form prescribed and approved by the Board
of Trustees of the Village of Weedsport which shall contain a clause
wherein all outside users and owners agree to be bound by and comply
in all respects with the provisions of this chapter. Said agreement
shall be binding also on the heirs, legatees, executors, administrators,
successors, assigns, and other transferees of each said user or owner.
C.
A nonrefundable application fee as set from time to time by resolution
of the Board of Trustees must be submitted with each application.
D.
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 Village of Weedsport, or in any area under the jurisdiction
of said Village, any human or animal excrement, garbage or other objectionable
waste.
E.
It shall be unlawful to discharge to any natural outlet within the
Village of Weedsport, or in any area under the jurisdiction of said
Village, any sewage or other polluted waters, except where suitable
treatment has been provided in accordance with subsequent provisions
of this chapter.
F.
Except as hereinafter provided, it shall be unlawful to construct
or maintain any privy, privy vault, septic tank, cesspool, or other
facility intended or used for the disposal of sewage in any area under
the jurisdiction of said Village.
A.
Where a public sanitary sewer is not available under the provisions of § 160-7A, the building sewer shall be connected to a private sewage disposal system complying with the provisions of the Cayuga County Sanitary Code and the type, capacities, location, and layout of such disposal system shall comply with all recommendations of the Department of Health of the State of New York and/or the County of Cayuga. No septic tank or cesspool shall be permitted to discharge to any natural outlet.
B.
At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in § 160-7A, a direct connection shall be made to the public sewer in compliance with this chapter, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material.
C.
The owner shall operate and maintain the private sewage disposal
facilities in a sanitary manner at all times, at no expense to the
Village.
D.
No statement contained in this section shall be construed to interfere
with or supersede any additional requirements that may be imposed
by the New York State Department of Environmental Conservation and
the Cayuga County Health Department.
E.
When a public sewer becomes available, the building sewer shall be
connected to said sewer within 180 days after official notice thereof,
and the private sewage disposal system shall be cleaned of sludge
and filled with clean, bank-run gravel or dirt.
A.
Permits and application. The discharge of trucked or hauled wastes into the Village sewer system and public sewers tributary thereto will be permitted only with the written approval of the Village Board. Applicants for such permit shall apply on a form provided by the Village Clerk. These forms may require information such as vehicle specifications, vehicle license number, vehicle color, New York State Department of Environmental Conservation permits issued under 6 NYCRR Part 364, approximate annual septage volume expected, service area, and any other information that the Village Board may require, to determine whether the trucked or hauled wastes could adversely impact the public sewer system. The application shall be accompanied by a fee prescribed by the Village Board pursuant to resolution adopted periodically by the Board, if deemed necessary. The permit holder of trucked or hauled wastes will also be charged a fee for each dumping, in accordance with § 160-21A. The dumping fee shall be paid prior to dumping.
B.
Concurrent requirements. The applicant for a permit 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 permit application
shall be grounds for invalidating the permit. All permits issued by
the Village Board for this purpose shall be for one year. The permit
holder shall also be duly permitted by the New York State Department
of Environmental Conservation under 6 NYCRR Part 364 ("364 permit")
as a condition of obtaining a permit under this section. If, for any
reason, the 364 permit is revoked, the 364 permit lapses or becomes
invalid, then the permit issued under this section shall become invalid
immediately. All acts performed in connection with the permit shall
be subject to the inspection and regulations as established by the
Superintendent, the terms and conditions of the permit and all local
and general laws, ordinances, and regulations which are now or may
come into effect, and such permit may be suspended or revoked, at
any time, by the Village Board for willful, continued, or persistent
violation thereof.
C.
Dumping location and timing. The Village Board may require discharging
at only certain locations within the public sewer system, and only
at certain times, and on only certain days of the week, or seasons
of the year as shall be stated on said permit or as may be relocated
by the Village Board, after appropriate notice. The time and conditions
for permissible discharge shall be as set forth on the permit, or
as may be revised by the Village Board, after appropriate notice.
D.
Notification of dumping. Each discharge of trucked or hauled wastes
shall be made only with the approval of the Village Board. The Village
Board may require inspection, sampling, and analysis of each load
by the Superintendent prior to the discharge of a load. Any extra
costs associated with such inspection, sampling, and analysis shall
be paid by the permit holder.
A.
Proper design. New sanitary sewers and all extensions to sanitary
sewers owned and operated by the Village 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 New York State Department of Environmental Conservation. Plans
and specifications shall be submitted to, and written approval shall
be obtained from, the Superintendent, the Cayuga County Health Department,
and the New York State Department of Environmental Conservation, 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 sewage treatment plant to treat the wastewater properly,
the application shall be denied. Sewer line and sewage 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
Village Board.
B.
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 Superintendent, and the Cayuga County Health Department, in accordance with § 160-10A. 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 Village expenses incidental thereto. Each street lateral shall be installed and inspected pursuant to § 160-10, and inspection fees shall be paid by the applicant prior to initiating construction. Design and installation of sewers shall be as specified in § 160-10D through G, 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 Superintendent, without prior notice. The Superintendent shall determine whether the work is proceeding in accordance with the approved plans and specifications, and whether the completed work will conform to the approved plans and specifications. The sewer, as constructed, must pass the infiltration test (or the exfiltration test, with prior approval), required in § 160-10I through O, before any building lateral is connected thereto. The Superintendent 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 Village Board until such construction inspections have been made so as to assure the Village Board of compliance with this chapter and any amendments or additions thereto. The Superintendent 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 Superintendent shall report all findings of inspections and tests to the Village Board.
C.
Plans, specification, and pipe test results required. Plans, specifications, and methods of installation shall conform to the requirements of this section. Components and materials of wastewater facilities not covered in this chapter, such as pumping stations, lift stations, or force mains shall be designed in accordance with § 160-10A, and shall be clearly shown and detailed on the plans and specifications submitted for approval. Force main details are covered in § 160-10P and Q. When requested, the applicant shall submit, to the Superintendent and to the Cayuga County Health Department, 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.
D.
Gravity sewer pipe. Sewer pipe shall only be constructed of the following
materials:
(1)
Polyvinyl chloride (PVC) pipe, heavy wall.
(a)
Pipe shall be made from Class 12454-B materials or better in
accordance with ANSI/ASTM Specification D-1784.
(c)
Electrically continuous trace wire shall be affixed to all PVC
pipe according to the following specifications:
[1]
The trace wire shall be twelve-gauge minimum solid copper with
thermoplastic insulation recommended for direct burial.
[2]
The trace wire shall be secured to the pipe, as required, to
insure that the wire remains directly adjacent to the pipe. The trace
wire shall be securely bonded together at all wire joints with an
approved watertight connector to provide electrical continuity, and
it shall be accessible at all sewer manholes and sewer cleanouts.
[3]
At manholes, the wire shall be installed from the exterior of
the manhole to the interior by installing the wire underneath the
manhole frame.
[4]
For pipes with more than five feet of cover, the wire shall
be installed directly over the pipe at a depth of five feet.
[5]
The contractor/installer shall perform a continuity test on
all trace wire in the presence of the Superintendent or the designated
representative of the Superintendent.
(2)
Other pipe materials. Other pipe materials require prior written
approval of the Superintendent before being installed.
(a)
The minimum internal pipe diameter shall be eight inches for
gravity sewers and three inches for low-pressure sewers.
(b)
Joints for the selected pipe shall be designed and manufactured
such that O-ring gaskets of the snap-on type are used.
(d)
Joint preparation and assembly shall be in accordance with the
manufacturer's recommendations.
E.
Safety and load factors.
(2)
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.
(3)
PVC pipe shall not be encased in concrete due to their different
coefficients of linear thermal expansion.
F.
Sewer pipe installation.
(1)
UFPO and 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, dewatering, 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 Superintendent, before trench excavation
is initiated.
(7)
Under ordinary conditions, excavation shall be by open cut from the
ground surface. However, tunneling 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 the written
permission of the Superintendent. When work is not in progress, including
overnight, weekends, and holidays, the trench shall be backfilled
to ground surface.
(10)
The trench shall be excavated approximately six 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 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 Superintendent.
(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 inches of crusher-run maximum one-half-inch stone
free of organic material. This foundation shall be firmly tamped in
the excavation.
(17)
Bell holes shall be hand excavated, as appropriate.
(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 Superintendent 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 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.
(25)
At least 24 hours in advance, the applicant for the building
sewer permit shall notify the Village Clerk when the building sewer
will be ready for inspection and connection to the public sewer. The
connection shall be made under the supervision of the Superintendent
or his representative. The building sewer shall not be covered until
the connection is completed and approved.
G.
Cleanout installation.
H.
Manholes and manhole installation.
(1)
Design of all manholes shall be submitted to the Superintendent 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 Superintendent.
(3)
Manhole bases shall be constructed or placed on a minimum of six
inches of crusher-run maximum one-half-inch stone free of organic
materials.
(4)
Manhole bases shall be constructed of 4,000 psi (twenty-eight-day)
concrete eight inches thick, or shall be precast bases properly bedded
in the excavation. Field-constructed bases shall be monolithic, properly
reinforced, and extend at least six inches beyond the outside walls
of lower manhole sections. Precast manhole bases shall extend at least
six inches beyond the outside walls of lower manhole sections.
(5)
Construction.
(a)
Manholes shall be constructed using precast minimum four-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
(feet)
|
Wall Thickness
(inches)
| |
|---|---|---|
|
4
|
5
| |
|
5
|
6
| |
|
6
|
7
| |
|
6 1/2
|
7 1/2
| |
|
7
|
8
| |
|
8
|
9
|
(b)
All sections shall be cast solid, without lifting holes. Flat
top slabs shall be a minimum of eight inches thick and shall be capable
of supporting an 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 six 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 one-hundred-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 traveled 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 thirty-six-inch cover
shall be 735 +/- 5% pounds. The minimum combined weight of the light-duty
frame and thirty-six-inch cover shall be 420 +/- 5% pounds. 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 the words "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°.
(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
one 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 six 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 one-half-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.
I.
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 Village. 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 Superintendent, 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 five feet above the top of the pipe or five 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 10 feet or fill to within six inches of the top of the downstream manhole. Should this condition prevail, the testing methods in § 160-10N and/or § 160-10O 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.
J.
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 forty-eight-inch
diameter pipe, five 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.
K.
Test period. The test period, during which the test measurements
are taken, shall not be less than two hours.
L.
Pipe lamping. Prior to testing, the section shall be lamped. Any
length of pipe out of straight alignment shall be realigned.
M.
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% of the pipe inside diameter, through the pipe. Any length of pipe
with a deflection greater than 5% 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.
N.
Low-pressure air testing alternative.
(1)
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.
(2)
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.
(3)
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.
(4)
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 Superintendent.
(5)
The pressure test gauge shall have been recently calibrated, and
a copy of the calibration results shall be made available to the Superintendent
prior to testing.
O.
Vacuum testing alternative.
(1)
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
nine inches of mercury for manholes, and from seven inches of mercury
to six inches of mercury for sewers. Acceptance of manholes is based
on the following:
|
Manhole Depth
(feet)
|
Manhole Diameter
(feet)
|
Time to Drop 1 inch Hg from 10 inches to 9 inches
(seconds)
| |
|---|---|---|---|
|
10 or less
|
4
|
120
| |
|
10 to 15
|
4
|
150
| |
|
15 to 25
|
4
|
180
|
(2)
For five-foot diameter manholes, add 30 seconds to the times above.
For six-foot diameter manholes, add 60 seconds to the times above.
(3)
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.
(4)
Acceptance of sewers (seven inches Hg to six inches 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.
(5)
The vacuum test gauge shall have been recently calibrated, and a
copy of the calibration results shall be made available to the Superintendent
prior to testing.
P.
Force mains. Force mains serving sewage lifting devices, such as grinder pumps and pump stations, shall be designed in accordance with § 160-10A. Additional design requirements are:
(1)
Force main pipe material shall be:
(a)
High-density polyethylene (HDPE) pipe. Pipe and fittings shall
be of high-density, extra-high-molecular-weight-materials using PE3408
or PE4710 grade resin and a cell classification number of 445474C.
HDPE pipe shall meet all applicable requirements of AWWA C901, C906
and NSF Standard No. 61. All HDPE pipe shall conform to ASTM D3350.
All HDPE pipe shall have a DR of 11.
(b)
Other pipe materials. Other pipe materials require prior written
approval of the Superintendent before being installed.
(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°
or greater.
(5)
Drain valves shall be placed at low points.
(6)
Automatic air relief valves shall be placed at high points and at
four-hundred-foot 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 four feet
long; the lower arm shall terminate in a PVC plastic sewer pipe ninety-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.
Q.
Force main testing. All force mains shall be subjected to hydrostatic
pressure of 150% of the normal operating pressure. The duration of
the test, at pressure, shall be at least two 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 Superintendent 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 Superintendent,
but in no event longer than 1,000 feet.
R.
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 Superintendent and concurrence by the
Village Board, shall become the property of the Village and shall
thereafter be operated and maintained by the Village. No sanitary
sewer shall be accepted by the Village until four copies of as-built
drawings have been so filed with the Superintendent and the Superintendent
has approved the submitted drawings. Said sewers, after their acceptance
by the Village, shall be guaranteed against defects in materials or
workmanship for one year, by the applicant. The guarantee shall be
in such form and contain such provision as deemed necessary by the
Village Board, secured by a surety bond or such other security as
the Village Board may approve.
S.
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 $5,000 with the Village Clerk to
indemnify the Village 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 Village Board may be revoked at
any time for just cause.
(2)
Before commencing work, the above contractor shall file insurance
certificates with the Village Clerk for the following:
(a)
Workers' compensation and employer's liability insurance as
required by the laws of the State of New York;
(b)
Personal injury liability having limits of not less than $500,000
for each occurrence and $500,000 in the 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:
(e)
Business excess liability insurance in the amount of $2,000,000.
(f)
All insurance policies must provide for five business days'
notice to the Village before cancellation and must cover all liabilities
of the Village and be in a form approved by the Village Board and
be in a satisfactory form approved by the Village Board.
(g)
The minimum insurance limits stated above shall be subject to
periodic review by the Village 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 Superintendent of Highways if a Village 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.
A.
No 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 Village Clerk.
B.
There shall be two classes of building lateral permits, for residential
and commercial service, and for service to establishments producing
industrial wastes. In either case, the owner or his agent shall make
application on a special form furnished by the Village. The permit
application shall be supplemented by any plans, specifications or
other information considered pertinent in the judgment of the Superintendent.
C.
Separate building laterals.
(1)
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 Superintendent has
approved plans showing the relocation. If relocation is not physically
possible then the lateral shall be:
(2)
All existing manholes in or under the basement shall be sealed airtight
in a manner acceptable to the Superintendent. No new manholes shall
be constructed on the portion of the lateral under the building.
D.
Where building laterals are to serve multiple dwelling structures,
there shall be provided at least one separate building lateral for
each group of eight apartments (or fewer).
E.
Where a public sewer is to serve a complex of industrial, commercial,
institutional or dwelling structures, special design of the building
lateral system shall be required. Plans and specifications shall be
prepared and submitted for approval of the Superintendent.
F.
Existing building laterals may be used in connection with new buildings
only when they are found, on examination and test by the Superintendent,
to meet all requirements of this chapter.
G.
Pipe materials.
(1)
Building and street lateral pipe materials shall be one of the following:
(a)
Building and street laterals shall be SDR-35, minimum of four
inches, extra-heavy, cast-iron soil pipe, conforming to ASTM Specification
A-74, and American Standards Association (ASA) Specification A-40-1;
or
(b)
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 deflection shall be 46 PSI when tested in accordance
with ASTM Specification D-2412.
(2)
Any part of the building or street lateral that is located within
five 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 Superintendent
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 Superintendent. The distance between consecutive
joints, as measured along the center line of the installed pipe, shall
not be less than five feet, except under abnormal circumstances, in
which case this dimension may be diminished, if approved by the Superintendent.
The size and slope of building and street laterals shall be subject
to approval by the Superintendent, but in no event shall the internal
pipe diameter be less than four inches, nor shall the pipe slope be
less than 1/4 inch per foot.
H.
At the point of connection of a street lateral to a main sewer, a
standard wye fitting and a one-eighth (forty-five-degree) bend shall
be used. No lateral connection shall be made to the main sewer which
permits the flow into the sewer from the lateral to enter at right
angles. The wye and one-eighth-bend fittings, previously mentioned,
shall be inserted in the main sanitary sewer at the time of its construction
for each proposed lot for either immediate or future development.
(1)
The location of all lateral connections shall be indicated on a drawing
and copies of this drawing showing the as-built location of these
connections shall be furnished to the Superintendent.
(2)
The connection of the building lateral to an existing street lateral shall be made at the property line. Except as provided under § 160-10B and C, if a street lateral has not previously been provided, the street lateral will be constructed from the existing public sewer to the property line at the owner's expense. The street lateral shall be installed with a properly sealed and covered cleanout to grade located at the property line. The cleanout shall terminate in a metal box imbedded in concrete.
(3)
The Village or its agents shall be responsible for any and all tapping
of a Village sewer main in order to connect same to any street lateral,
and the costs and expense incidental to the connection of the street
lateral shall be at the property owner's expense. No owner shall tap
any sewer main without the express prior written approval of the Superintendent.
(4)
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.
(5)
When any street lateral is to serve a school, hospital, or similar
institutional or public building, or is to serve a complex of industrial
or commercial buildings, or, in the opinion of the Superintendent,
will receive sewage or industrial wastes of such volume or character
that frequent maintenance of said building and street lateral is anticipated,
then such street lateral shall be connected to the public sewer through
a manhole. The Superintendent 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 Superintendent. If required,
a new manhole shall be installed by the Village in the public sewer
as directed by the Superintendent.
I.
Whenever possible, the building lateral shall be brought to the building
at an elevation below the basement floor. Building laterals laid parallel
to a bearing wall shall not be installed closer than three feet to
such wall. The building lateral shall enter the basement through the
basement wall no less than 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 Superintendent.
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° 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 50 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.
J.
In all buildings in which any building drain is too low to permit
gravity flow to the public sewer, sanitary sewage carried by such
drain shall be lifted by mechanical or hydraulic means and discharged
to the building lateral on approval by the Superintendent.
K.
All excavations required for the installation of a building or street
lateral shall be open trench work unless otherwise approved by the
Superintendent. Pipe laying and backfill, regardless of pipe materials
used, shall be performed in general accordance with Sections 3 through
67 of ASTM Specification C012, except that trench width measured at
the top of the installed pipe shall not exceed 24 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.
L.
Joints and connections.
(1)
All joints and connections shall be made gastight and watertight.
(2)
No paint, varnish or other coatings shall be permitted on the jointing
material until after the joint has been tested and approved. The transition
joint between cast-iron pipe and other pipe materials shall be made
with special adaptors and jointing materials approved by the Superintendent.
M.
The connection of the building lateral into an existing public sewer
shall be made at the property line. All costs and expenses incidental
to the installation and connection of the building lateral shall be
borne by the owner. A cleanout shall be positioned at the property
line. The owner shall indemnify the Village from any loss or damage
that may directly or indirectly be occasioned by the installation
of the building lateral. The method of connection of the building
lateral to the street lateral will depend on the type of sewer material
used and in all cases shall be subject to approval by the Superintendent.
N.
No person shall make connection of roof downspouts, exterior foundation
drains, areaway drains, or other sources of surface runoff or groundwater
to a building sewer or building drain which in turn is connected directly
or indirectly to a public sanitary sewer. 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. Notwithstanding the foregoing, the owner or
operator of any municipal swimming pool may be connected to a sanitary
sewer but no discharge shall be made except upon prior written notice
to the Superintendent no less than seven calendar days before such
discharge.
O.
At least 24 hours in advance, the applicant for the building sewer
permit shall notify the Village Clerk when the building sewer will
be ready for inspection and connection to the public sewer. The connection
shall be made under the supervision of the Superintendent or his representative.
The building sewer shall not be covered until the connection is completed
and approved.
P.
In the event repairs, replacements, modifications or other alterations
are necessary for any existing building or street laterals, the user
or its agent shall notify the Village Clerk upon the completion of
such work for inspection by the Superintendent. The repairs, replacements,
modifications or other alterations shall not be covered until the
connection is completed and approved.
Q.
All excavations for building sewer installation shall be adequately
guarded with barricades and lights so as to protect the public from
hazard. Streets, sidewalks, parkways, and other public property disturbed
in the course of the work shall be restored in a manner satisfactory
to the Village of Weedsport.
A.
No repair,
replacement, modification or alteration of existing sewer improvements
will be conducted until a written application is submitted by the
user or its agent to the Village Clerk stating the scope and location
of any such repair, replacement, modification or alteration, which
application shall be on a form approved and prescribed by the Board
of Trustees of the Village of Weedsport.
B.
The user or its agent shall notify the Village Clerk upon the completion
of such work for inspection by the Superintendent. The repairs, replacements,
modifications or other alterations shall not be covered or backfilled
until the repairs, replacements, modifications or other alterations
are inspected by the Superintendent to insure conformity with this
chapter.
A.
No person shall discharge or cause to be discharged any stormwater,
surface water, groundwater, roof runoff, subsurface drainage, uncontaminated
cooling water, or unpolluted industrial process waters into any sanitary
sewer.
B.
Stormwater and all other unpolluted drainage shall be discharged
to such sewers as are specifically designated as storm sewers or to
a natural outlet approved by the Superintendent. Industrial cooling
water or unpolluted process waters may be discharged, on approval
of the Superintendent, to a storm sewer or natural outlet.
C.
No person shall discharge or cause to be discharged any of the following
described waters or wastes to any public sewers or to any watercourse:
(1)
Any gasoline, benzene, naptha, fuel oil, or other flammable or explosive
liquid, solid or gas.
(2)
Any waters or wastes containing toxic or poisonous solids, liquids,
or gases in sufficient quantity, either singly or by interaction with
other wastes, to injure or interfere with any sewage treatment process,
constitute a hazard to humans, animals or fish, create a public nuisance,
or create any hazard in the receiving waters of the sewage treatment
plant, including but not limited to cyanides in excess of 2 milligram/liter
as CN in the wastes as discharged to the public sewer.
(3)
Any water or wastes having pH lower than 5.5 or having any other
corrosive property capable of causing damage or hazard to structures,
equipment and personnel of the sewage works.
(4)
Solid or viscous substances in quantities or of such size capable
of causing obstruction to the flow in sewers or other such interference
with the proper operation of the sewage works, such as, but not limited
to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags,
feathers, wax, plastics, wood, unground garbage, whole blood, paunch
manure, hair and fleshings, entrails and paper dishes, cups, milk
containers, etc., either whole or ground by garbage grinders.
D.
No person shall discharge or cause to be discharged any substance
in violation of Environmental Protection Agency industrial wastes
rules or the following described substances, materials, waters, or
wastes if it appears likely in the opinion of the Superintendent that
such wastes can harm either the sewers, sewage treatment process,
or equipment, have an adverse effect on the receiving, or can otherwise
endanger life, limb, or public property or constitute a nuisance.
In forming his opinion as to the acceptability of these wastes, the
Superintendent will give consideration to such factors as the quantities
of subject wastes in relation to flows and velocities in the sewers,
materials of construction of the sewers, nature of the sewage treatment
process, capacity of the sewage treatment plant, degree of treatability
of wastes in the sewage treatment plant, and other pertinent factors.
The substances prohibited are:
(1)
Any liquid or vapor having a temperature higher than 150° F.
(2)
Any water or waste containing fats, wax, grease, or oils, whether
emulsified or not, in excess of 100 milligram/liter or containing
substances which may solidify or become viscous at temperatures between
32° F. and 150° F.
(3)
Any garbage that has not been properly shredded. The installation
and operation of any garbage grinder equipped with a motor of three-fourths
horsepower or greater shall be subject to the review and approval
of the Superintendent.
(4)
Any waters or wastes containing strong acid, iron pickling wastes,
or concentrated plating solutions whether neutralized or not.
(5)
Any waters or wastes containing iron, chromium, copper, zinc, and
similar objectionable or toxic substances or wastes exerting an excessive
chlorine requirement to such degree that any such material received
in the composite sewage at the sewage treatment works exceeds the
limits established by the Superintendent of such materials and listed
in the attached table. See Addendum 1 at the end of this chapter.
(6)
Any waters or wastes containing phenols or other taste- or odor-producing
substances in such concentrations exceeding limits which may be established
by the Superintendent as necessary after treatment of the composite
sewage to meet the requirements of state, federal, or other public
agencies of jurisdiction for such discharge to the receiving waters.
(7)
Any radioactive wastes or isotopes of such half-life or concentration
as may exceed limits established by the Superintendent in compliance
with applicable state or federal regulations.
(8)
Any waters or wastes having pH in excess of 9.5.
(9)
Materials which exert or cause:
(a)
Unusual concentrations of inert suspended solids, such as, but
not limited to, sodium sulfate, clay, sand, etc.
(b)
Excessive discoloration, such as, but not limited to, dye wastes
and vegetable tanning solution.
(c)
Unusual BOD, chemical oxygen demand or chlorine requirements
in such quantities as to constitute a significant load on the sewage
treatment works.
(d)
Unusual volume of flow or concentration of wastes constituting
slugs, as defined heretofore.
(10)
Waters or wastes containing substances which are not amenable
to treatment or reduction by the sewage treatment process employed
or amenable to treatment only to such degree that the sewage treatment
plant effluent cannot meet the requirements of other agencies having
jurisdiction over discharge to the receiving waters.
E.
If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Subsection D of this section, and which in the judgment of the Superintendent may have a deleterious effect upon the sewage works, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Superintendent may:
(1)
Reject the wastes.
(2)
Require pretreatment to an acceptable condition for discharge to
the public sewers.
(3)
Require control over the quantities and rates of discharge.
(4)
Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of Subsection J of this section. If the Superintendent permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Superintendent and subject to the requirements of all applicable codes, ordinances, and laws.
F.
Grease, oil and sand interceptors shall be provided when, in the
opinion of the Superintendent, they are necessary for the proper handling
of liquid wastes containing grease in excessive amounts or any flammable
wastes, sand, or other harmful ingredients, except that such interceptors
shall not be required for private living quarters or dwelling units.
All interceptors shall be of a type and capacity approved by the Superintendent
and shall be located as to be readily and easily accessible for cleaning
and inspection.
G.
Where preliminary treatment or flow-equalizing facilities are provided
for waters or wastes, they shall be maintained continuously in satisfactory
and effective operation by the owner at his expense.
H.
When required by the Superintendent, the owner of any property serviced
by a building sewer carrying industrial wastes shall install a suitable
control manhole together with such necessary meters and other appurtenances
in the building sewer to facilitate observation, sampling and measurement
of the wastes. Such manhole, when required, shall be accessible and
safely located and shall be constructed in accordance with the plans
approved by the Superintendent. The manhole shall be installed by
the owner at his expense and shall be maintained by him so as to be
safe and accessible at all times.
I.
All measurements, tests, and analyses of the characteristics of waters
and wastes to which reference is made in this chapter shall be determined
in accordance with the latest edition of Standard Methods for the
Examination of Water and Wastewater, published by the American Public
Health Association, and shall be determined at the control manhole
provided, or upon suitable samples taken at said control manhole.
In the event that no special manhole has been required, the control
manhole shall be considered to be the nearest downstream manhole in
the public sewer to the point at which the building sewer is connected.
Sampling shall be carried out by customarily accepted methods to reflect
the effect of constituents upon the sewage works and to determine
the existence of hazards to life, limb, and property. (The particular
analyses involved will determine whether an eight-hour or a twenty-four-hour
composite of all outfalls of a premises is appropriate or whether
a grab sample or samples should be taken. Normally, but not always,
BOD and suspended solids analyses are obtained from twenty-four-hour
composites of all outfalls whereas pH's are determined from periodic
grab samples).
J.
No statement contained in this section shall be construed as preventing
special agreement or arrangement between the Village of Weedsport
and any industrial concern whereby an industrial waste of unusual
strength or character may be accepted by the Village for treatment,
subject to payment therefor by the industrial concern.
A.
The Board of Trustees of the Village of Weedsport does hereby enact
and impose sewer rent charges on the user and owner of each unit served
by the water and sewer systems of the Village of Weedsport.
B.
The basis of said sewer rent charge shall be the amount of water
consumed by each unit as metered or otherwise determined by the Village
of Weedsport.
A.
The sewer rent charge shall be fixed and established by the Village
Board for consumers within and outside the Village annually or at
any other time as determined by the Village, except that, if no action
is taken by the Village, the most recently adopted schedule shall
continue in effect. Sewer rates shall be established pursuant to §§ 11-1118
and 11-1120 of the Village Law of the State of New York.
B.
In case any water meter shall fail to accurately register the quantity
of water passing through same, rent shall be charged at the consumption
at the average of the last three available accurate readings, if any,
within the last year. In determining the rate, any change in consumption
since the defect occurred shall also be considered.
C.
All unmetered water consumed by leaks or other sources in service connection pipes or for which there are no available readings in § 160-21B above shall be estimated by the Superintendent and the costs thereof, with interest and penalties, shall be added to the sewer rent for the current quarter.
Each user and owner of a unit shall be jointly and severally
liable for the sewer rent, interest, and all additional charges and
penalties established herein.
The sewer rent charge shall be billed on a calendar-quarter
basis and shall be due and payable for each calendar quarter in the
month succeeding the end of each quarter, i.e., May, August, November
and February of each year.
A.
If the sewer rent is not paid prior to the first day of the next
succeeding month in which the charge was due, a penalty of 20% of
the charge shall be added thereto. If the sewer bill, including penalty,
is unpaid on the 10th day of the second month after payment is due,
water to such property shall be shut off and an additional charge
of $20 shall be imposed and designated a shutoff charge. Water service
will only be restored after the entire bill, including all penalties
and charges, shall be paid in full.
B.
Notwithstanding the foregoing, collection of delinquent sewer rents
may be enforced pursuant to General Municipal Law § 452,
as enacted and amended now and hereinafter. All attorneys' fees and
costs incurred by the Village of Weedsport in collecting any delinquent
sewer rent more than 45 days past due shall be charged against and
added to the amount of the unpaid sewer rent and shall be a part of
any lien therefor.
C.
Notwithstanding the foregoing, delinquent sewer rents and penalties
remaining unpaid on the 11th day of January of each year shall become
a lien and shall be added to the Village real estate tax levied against
the property.
D.
The Village Board of the Village of Weedsport is hereby authorized
to enforce this chapter in all respects, including the full power
to collect rents, and its decision shall be final and binding.
A.
The Superintendent and other duly authorized employees of the Village
bearing proper credentials and identification shall be permitted to
enter all properties for the purpose of inspection, observation, measurement,
sampling and testing in accordance with the provisions of this chapter.
The Superintendent or his representatives shall have no authority
to inquire into any processes, including metallurgical, chemical,
oil, refining, ceramic, paper, or other industries, beyond that point
having a direct bearing on the kind and source of discharge to the
sewers or waterways or facilities for waste treatment.
B.
The Superintendent and other duly authorized employees of the Village
bearing proper credentials and identification shall be permitted to
enter all private properties through which the Village holds a duly
negotiated easement for the purpose of, but not limited to, inspection,
observation, measurement, sampling, repair and maintenance of any
portion of the sewage works lying within said easement. All entry
and subsequent work, if any, on said easement shall be done in full
accordance with the terms of the duly negotiated easement pertaining
to the private property involved.
A.
No person, firm, hospital, association, corporation, whether public
or private, partnership, or any agent, employee, builder, plumber
or contractor therefor or any of his or its agents, employees, or
subcontractors shall in any way violate or assist, solicit, request,
command or aid in any violation of any of the provisions of this chapter.
A violation shall include, but is not limited to, the refusal, neglect
or omission to do any act or obtain any permit required by any of
the provisions of this chapter. All owners of each parcel of realty
and all users of the sewer system where a violation occurs shall each
be fully responsible for each said violation under this chapter in
addition to the actual violators thereof. In addition, a person is
liable for conduct constituting a violation of this chapter which
he performs or causes to be performed in the name of or on behalf
of a corporation to the same extent as if such conduct were performed
in his own name or behalf.
B.
Notification of violation. Whenever the Superintendent finds that
any user has violated or is violating this chapter, or any wastewater
discharge or other permit, order, prohibition, limitation, or requirement
permitted by this chapter, the Superintendent may serve upon such
person a written notice stating the nature of the violation. Within
10 calendar days of the date the Superintendent mails the notice,
an explanation of the violation and a plan for the satisfactory correction
and prevention thereof shall be submitted to the Superintendent 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.
C.
Consent orders. The Superintendent 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.
D.
Administrative or Compliance Orders. When the Superintendent finds
that a user has violated or continues to violate this chapter 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 15 calendar days of receipt of such
order, petition the Superintendent to modify or suspend the order.
Such petition shall be in written form and shall be transmitted to
the Superintendent by registered mail. The Superintendent shall then:
E.
Administrative fines. Notwithstanding any other section of this chapter,
any user who is found to have violated any provision of this chapter,
or a wastewater discharge permit or administrative order issued hereunder,
shall be fined in an amount not to exceed $1,000 per violation. Each
day on which noncompliance shall occur or continue shall be deemed
a separate and distinct violation. The user may, within 15 calendar
days of notification of the Superintendent's notice of such fine,
petition the Superintendent to modify or suspend the order. Such petition
shall be in written form and shall be transmitted to the Superintendent
by registered mail. The Superintendent shall then:
F.
Cease-and-desist orders.
(1)
When the Superintendent finds that a user has violated or continues
to violate this chapter or any permit or administrative order issued
hereunder, the Superintendent may issue an administrative order to
cease and desist all such violations and direct those persons in noncompliance
to:
(2)
The user may, within 15 calendar days of the date the Superintendent
mails notification of such order, petition the Superintendent to modify
or suspend the order. Such petition shall be in written form and shall
be transmitted to the Superintendent by registered mail. The Superintendent
shall then:
G.
Termination of permit.
(1)
Any user who violates the following conditions of this chapter or
a wastewater discharge permit or administrative order, or any applicable
or state and federal law, is subject to permit termination:
(a)
Violation of permit conditions or conditions of an administrative
order;
(b)
Failure to accurately report the wastewater constituents and
characteristics of its discharge;
(c)
Failure to report significant changes in operations or wastewater
constituents and characteristics;
(d)
Refusal of reasonable access to the user's premises for the
purpose of inspection, monitoring, or sampling; or
(e)
Failure to pay administrative fines, fees or user charges.
(2)
Noncompliant industrial users will be notified, by registered mail,
of the proposed termination of their wastewater permit. The user may,
within 15 calendar days of the date the Superintendent mails such
notification, petition the Superintendent to permit continued use
of the public sewer system by the user. Such petition shall be in
written form and shall be transmitted to the Superintendent by registered
mail. The Superintendent shall then:
H.
Water supply severance. Whenever a user has violated or continues
to violate the provisions of this chapter 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 15 calendar
days of severance, petition the Superintendent to reconnect water
supply service. Such petition shall be in written form and shall be
transmitted to the Superintendent by registered mail. The Superintendent
shall then:
I.
Show-cause hearing.
(1)
The Superintendent may order any user appealing administrative remedies for violations of this chapter to show cause, before the Village Board, why an enforcement action, initiated by the Superintendent, 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 Village 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 Village Board why the proposed enforcement action should not be taken. The notice of the hearing shall be served at least 10 calendar days before the hearing in accordance with § 160-31K of this chapter. 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 Village Board may itself conduct the hearing, or may designate any of its members or any officer or employee of the Village to conduct the hearing, including the following powers and authority:
(a)
Issue, in the name of the Village Board, notices of hearings
requesting the attendance and testimony of witnesses, and the production
of evidence relevant to any matter involved in such hearings;
(b)
Take the evidence;
(c)
Take sworn testimony;
(d)
Transmit a report of the evidence and hearing, including transcripts
and other evidence, together with recommendations to the Village Board
for action thereon.
(2)
After the Village Board has reviewed the evidence and testimony,
it may order the user to comply with the Superintendent's order or
fine, modify the Superintendent's order or fine, or vacate the Superintendent's
order or fine.
J.
Failure of user to petition the Superintendent. In the event the
Superintendent issues any administrative order, terminates the user's
permit, or makes any fine as set forth in this chapter, and the user
fails, within the designated period of time set forth, to petition
the Superintendent as provided in appropriate sections of this chapter,
the user shall be deemed in default and its rights to contest the
administrative order or fine shall be deemed waived.
K.
Notice. The notices, orders, petitions, or other notification which
the user or Superintendent shall desire or be required to give pursuant
to any sections of this chapter 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 chapter shall be mailed to the user
at the address listed for such user in the sewer rent roll of the
Village. In the event such mailing is returned undeliverable, such
notice shall be conspicuously posted on the grounds of the Unit where
the user's effluent is discharged into transmission lines to the Village's
public sewer system. Any notice, petition, or other communication
mailed to the Superintendent shall be addressed and mailed to the
Village Hall of the Village of Weedsport.
L.
Civil actions for penalties.
(1)
Any person who violates any of the provisions of or who fails to
perform any duty imposed by this chapter, or any administrative order
or determination of the Superintendent promulgated under this chapter,
or the terms of any permit issued hereunder, shall be liable to the
Village for a civil penalty not to exceed $1,000 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
chapter. Each violation shall be a 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 Village Attorney, or his
designated attorney, at the request of the Superintendent in the name
of the Village, in any court of competent jurisdiction giving preference
to courts local to the Village. In addition to the above-described
penalty, the Superintendent may recover all damages incurred by the
Village from any persons or users who violate any provisions of this
chapter, or who fail to perform any duties imposed by this chapter
or any administrative order or determination of the Superintendent
promulgated under this chapter, or the terms of any permit issued
hereunder. In addition to the above-described damages, the Superintendent
may recover all reasonable attorneys' fees and costs incurred by the
Village in enforcing the provisions of this chapter, including reasonable
attorneys' fees incurred in any action to recover penalties and damages,
and the Superintendent may also recover court costs, and other expenses
associated with the enforcement activities, including sampling and
monitoring expenses.
(2)
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.
(3)
Such civil penalty may be released or compromised by the Village
Board before the matter has been referred to the Village Attorney,
and where such matter has been referred to the Village Attorney, any
such penalty may be released or compromised and any action commenced
to recover the same may be settled and discontinued by the Village
Attorney, with the consent of the Village Board.
M.
Court orders.
(1)
In addition to the power to assess penalties as set forth in this
chapter, the Superintendent shall have the power, following the hearing
held in conformance with the procedures set forth in this chapter,
to seek an order:
(2)
Any such court order shall be sought in an action brought by the
Village Attorney, at the request of the Village Board, in the name
of the Village, in any court of competent jurisdiction giving precedence
to courts local to the Village.
(3)
The Village Attorney, at the request of the Village Board, shall
petition the Court to impose, assess, and recover such sums imposed
according to this chapter. 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.
N.
Criminal penalties. Any person who willfully violates any provision of this chapter or any final determination or administrative order of the Superintendent made in accordance with this chapter shall be guilty of a criminal violation and, upon conviction thereof, each such violation shall be punished as provided in Chapter 1, General Provisions, Article I, General Penalty, of the Code of the Village of Weedsport. 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 chapter, or wastewater permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter shall be guilty of a criminal violation and, upon conviction thereof, each such violation shall be punished as provided in Chapter 1, General Provisions, Article I, General Penalty, of the Code of the Village of Weedsport. No prosecution, under this section, shall be instituted until after final disposition of a show-cause hearing, if any, was instituted.
O.
Additional injunctive relief. Whenever a user has violated or continues
to violate the provisions of this chapter or permit or order issued
hereunder, the Superintendent, through counsel, may petition the Court,
in the name of the Village, 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 Superintendent.
P.
Summary abatement.
(1)
Notwithstanding any inconsistent provisions of this chapter, whenever
the Superintendent finds, after investigation, that any user is causing,
engaging in, or maintaining a condition or activity which, in the
judgment of the Superintendent, 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 public sewer system 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 Superintendent 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 Superintendent may
take all appropriate action to abate the violating condition. As promptly
as possible thereafter, not to exceed 15 calendar days, the Superintendent
shall provide the user an opportunity to be heard, in accordance with
the provisions of this article.
(2)
If the user is not within the geographic boundaries of the Village,
the right of summary abatement to discontinue, abate, or alleviate
conditions or activities shall be those prescribed in the intermunicipal
agreement.
(3)
The Superintendent, 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 public sewer system or the environment.
Q.
Right to choose multiple remedies. The Superintendent shall have
the right, within the Superintendent's sole discretion, to utilize
any one or more appropriate administrative remedies set forth in this
chapter. The Superintendent may utilize more than one administrative
remedy established pursuant to this chapter, and the Superintendent
may hold one show-cause hearing combining more than one enforcement
action. The remedies under this chapter may be used singly, concurrently
and sequentially in any combination, and the use of one remedy shall
not exclude the exercise of any other remedy hereunder.
R.
Attorneys' fees, costs. The Village shall be entitled to recover
from any person found in violation of this chapter, and from the owner
of the property on which the violation has occurred, all attorneys'
fees, Superintendent's fees, and other costs to the Village of ascertaining
and remedying violations of this chapter and enforcing the rights
of the Village and penalties hereunder.
This chapter shall become effective upon the filing of same
with the Secretary of State.
