Town of Pittsford, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Pittsford 7-21-1992 as Ch. 19 of the 1992 Code. Amendments noted where applicable.]

§ 121-1 Purpose.

It is the purpose of this article to protect the sewage collection and treatment facilities, to prevent danger to life or damage to property, to promote the health, safety and general welfare, to prohibit the introduction of stormwaters, surface- or subsurface waters into the sanitary sewers, to provide for the fair distribution of treatment costs and to form a basis and policy for controlling the quantity and quality of wastes accepted into the sewage systems of the sewer districts now or hereafter created in the town.

§ 121-2 Definitions.

Unless the context specifically indicates otherwise or as otherwise specified in this article, the meaning of terms used in this article shall be as follows:
BUILDING DRAIN
That portion of the lowest horizontal piping of the plumbing system, within the walls of a building, carrying sewage.
BUILDING SEWER (sometimes called "sanitary lateral")
That pipe from the building drain to the public sewer or other place of disposal.
DRY SANITARY SEWERS
Sanitary sewers which are not connected to the town sewer system and not in use, but which can be so connected and used when the appropriate sewer district can accept them.
INDUSTRIAL SEWAGE
Any liquid, gaseous or solid substance or a combination thereof which is an undesired by-product waste resulting from any process of industry, manufacturing, trade or business or from the development or recovery of any natural resources, except garbage.
INSTITUTIONAL USE
Use of the sanitary sewer system for the discharge of sanitary sewage from a health care provider, including but not limited to hospitals, nursing homes or clinics, where the waste may represent a special health risk to sewer maintenance personnel.
OWNER
Any person, corporation or partnership entitled to or having any fee interest in real property or the owner's authorized agent, whose property is within any of the sanitary sewer districts and their extensions, now existing or subsequently created by the Town Board or other authorized body. For the purpose of this chapter, owner may also be deemed to mean a duly established property owner's association (condominium association) wherein the collective interests and expenses of the individual owners may be handled in common in the operation, maintenance and repair of disposal facilities.
SANITARY SEWAGE
Any nonpotable liquid waste, usually containing animal or vegetable matter, in suspension or solution, and which may include industrial wastes and/or liquids containing chemicals.
SEWER COMMISSION or COMMISSION
The Board of Sewer Commissioners of a sewer district.
SEWER DISTRICT
Any of the sanitary sewer districts and their extensions.
SEWER SYSTEMS
All sewer pipes and other appurtenances which are used or useful in whole or in part in connection with the collection, treatment or disposal of sanitary sewage, commercial, institutional and industrial waste and other wastes and which are owned, operated or maintained by the sewer districts in the town, including any sewage treatment and disposal works, each part thereof with necessary appurtenances and pumping stations.
SUPERINTENDENT
The Town Commissioner of Public Works or such other person as the Town Board, sitting as Sewer Commissioners, may designate.
[Amended 1-2-1996 by L.L. No. 1-1996]

§ 121-3 Control of system.

The sewer systems of each sewer district of the town, as constructed or as hereinafter added to or changed, shall be under the charge and control of the Board of Sewer Commissioners (the "Sewer Commission") of the respective districts.

§ 121-4 General powers and duties of Sewer Commission.

The Sewer Commission shall adopt rules and regulations to govern the use and maintenance of the sewer systems and shall fix the amount of money that shall be chargeable to owners who may enter or connect to the sewer systems, which amount or amounts shall be sufficient to pay the costs associated therewith.

§ 121-5 Building sewer permit required; permit application; fee.

A. 
It shall be unlawful for any person to enter into, open, interfere with, use or do any repair or maintenance work with respect to the sewer systems except under the inspection and direction of the Sewer Commission and after a written permit shall have been issued by the sewer district in which such entering, opening, use, repair or maintenance is to take place.
B. 
The owner or agent shall make application on a form furnished by the respective Sewer Commission. The permit application shall be supplemented by any plan, specifications or other information considered pertinent in the judgment of the Superintendent.
C. 
A permit fee in an amount fixed in the rules and regulations for sewer districts in the town shall be paid at the time the application is filed.

§ 121-6 Limitation on permits.

Permits granted under this article shall be for a specific waste or wastes and such permits shall be granted only after satisfaction of this article. Subsequent wastes of different quantity, quality or characteristics shall be covered by separate permits.

§ 121-7 Costs to be borne by owner; indemnification of Commission.

All costs and expenses incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the Sewer Commission for any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

§ 121-8 Separate building sewers to be provided.

A separate and independent building sewer shall be provided for every building. A separate and independent building sewer shall be provided for each owner of any building or portion thereof.

§ 121-9 Discharge of stormwater prohibited.

It shall be unlawful for any person to discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, cooling water, impounded water or unpolluted industrial process water to any sanitary sewer.

§ 121-10 Unlawful discharges to public sewers.

Except as provided in this article, it shall be unlawful for any person to discharge or cause to be discharged into any public sewer any water, wastes or substances prohibited under Articles IV, V and VI of the Sewer Use Law of the County of Monroe, dated July 1, 1988, and which is County of Monroe Local Law No. 3-1988, as the same has been amended. Said articles of said local law are hereby incorporated into this chapter as if fully set forth at this point.

§ 121-11 Grease, oil, sand and grit interceptors.

A. 
Grease, oil, sand and grit interceptors shall be provided when, in the opinion of the Sewer Commission, they are necessary for the proper handling of wastes containing grease in excessive amounts or any flammable wastes, sand, grit and other harmful ingredients. All interceptors shall be of a type and capacity approved by the Superintendent and shall be located so as to be readily and easily accessible for cleaning and inspection. Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight and equipped with easily removable covers which when bolted in place shall be gastight and watertight. Grease and oil interceptors shall be constructed in any place or building having a capacity to serve group meals.
B. 
Where installed, all grease, oil, sand and grit interceptors shall be maintained by the owner at the owner's expense in continuously efficient operation at all times.

§ 121-12 Preliminary treatment; facilities; permit.

A. 
Where necessary, in the opinion of the Board of Sewer Commissioners or its agent, the owner shall provide, at the owner's expense, such preliminary treatment as may be necessary to satisfy the requirements of § 121-9.
B. 
Plans, specifications and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the Sewer Commission, together with a letter from the State Department of Health, approving the proposed preliminary treatment facilities. No construction of such facilities shall be commenced until such approvals are obtained in writing.
C. 
Where preliminary treatment facilities are required for any waters or wastes, no permit will be granted until such pretreatment units have been placed in operation and have demonstrated their effectiveness by test. The cost of such testing, sampling and analyzing shall be borne by the waste contributor (owner).
D. 
Such preliminary treatment facilities shall be maintained continuously and satisfactorily in effective operation by the owner at the owner's expense.

§ 121-13 Control manholes.

When required by the Sewer Commission, the owner of any property served by a building sewer carrying commercial, institutional or industrial wastes, i.e., nonresidential, shall install a suitable control manhole in the building sewer to facilitate observation, sampling and measurement of the wastes. The control manhole is to be constructed and maintained in accordance with plans approved by the Sewer Commission, at the expense of the owner and shall be maintained by the owner so as to be safe and accessible at all times.

§ 121-14 Testing standards.

All measurements, tests and analyses of the characteristics of water and wastes to which reference is made in § 121-9 shall be determined in accordance with "Standard Methods for the Examination of Water and Sewage" or with methods approved by the State Department of Health and may be determined upon suitable samples taken at the control manhole. In the event that no special manhole has been required, the control manhole may be considered to be the nearest downstream manhole in the public sewer to the point at which a building sewer is connected. If in the judgment of the Superintendent, analyses must be performed, these analyses shall be performed at a laboratory designated by the Superintendent and the cost of these analyses shall be borne by the owner.

§ 121-15 Special agreements or arrangements.

No statement contained in this article shall prevent any special agreement or arrangement between the Sewer Commission and any industrial, commercial, institutional or other owner from whose premises an industrial, commercial or domestic waste emanates which is of unusual strength or character.

§ 121-16 Repair or maintenance work; charges.

A. 
Any repair or maintenance work connected directly or indirectly to any sanitary sewer system in the town shall be performed in accordance with the specifications and under the supervision and inspection of the Sewer Commission.
B. 
A charge is hereby established in an amount equal to the actual cost thereof to the Commission for the performance of inspection and related services.
C. 
The Commission shall annually assess against the individual parcel of land the amount of any such charges remaining unpaid on October 1. Such charges shall be added to the tax roll and collected in the same manner and at the same time as the other taxes are assessed, levied and collected in the town pursuant to statute.

§ 121-17 Right of entry.

A. 
The Superintendent and other duly authorized employees or agents of the Sewer Commission, bearing proper credentials and identification, shall be permitted to enter upon all properties for the purpose of inspection, observation, measurement, sampling and testing or proper activities in accordance with the terms of this article or any regulations promulgated thereunder. The powers and authority herein granted shall be in addition to powers of inspection otherwise granted by law to Sewer Commissioners.
B. 
All information in the possession of the owner bearing on the industrial, commercial or other process which, in the judgment of the Superintendent, affects the sewage system, shall be made available to the Superintendent or his duly authorized agent.

§ 121-18 Dry sanitary sewers.

A. 
The Planning Board shall require that all subdivisions, which at the time of approval cannot be serviced by a town sewer district, shall have installed coincident with the subdivision development dry sanitary sewers which are in all respects capable of being connected to a district sewer when one is available, except as provided in Subsection D of this section.
[Amended 2-15-1994 by L.L. No. 3-1994]
B. 
When a district sewer is available, the dry sanitary sewers shall be promptly connected thereto, and all occupied units in the subdivision shall be connected to the sewer system within six months.
C. 
Any deed or other instrument giving title to any unit in a subdivision shall contain clear and concise language notifying the grantee of the requirements of Subsection B of this section.
D. 
Exceptions. The Planning Board, upon recommendation of the Sewer Commissioners, may exempt properties located south of the New York State Thruway from the provisions of this section where the Planning Board finds that undue hardship and/or practical difficulties make compliance with this section impractical or unreasonable. In addition, the Planning Board, upon recommendation of the Sewer Commissioners, will consider exemptions for minor subdivisions, located anywhere in the town, as defined by Chapter 175, Subdivision of Land. Distance from live sewers or planned trunk sewers, compatibility with the objectives of the community sewer system and disruption of existing neighborhoods, among other things, shall be considered by the Planning Board when hearing requests for exceptions to this section.
[Amended 2-15-1994 by L.L. No. 3-1994; 1-2-1996 by L.L. No. 1-1996]

§ 121-19 Enforcement.

[Amended 1-2-1996 by L.L. No. 1-1996]
In all sewer districts of the town, the Town Board acting as the Board of Commissioners shall be responsible for the enforcement of this article.

§ 121-20 Cancellation of permit; penalties for offenses.

A. 
Any permit issued pursuant to this article shall be subject to cancellation after a hearing in the event of a finding by the Board of Commissioners at such hearing that the user or permittee of the sewer system has violated any of the provisions of this article. Such hearing shall take place on 10 days' written notice to the permittee or user. Upon any cancellation provided for in this subsection or otherwise in this section, the Sewer Commission or its agent may terminate the use of the sewer.
B. 
Any person violating any provision of this article shall be responsible in money damages for any injury to the sewer system or expense caused the Commission by such violation. This money may be collected by civil action in the Supreme Court of the state. Compliance with this article may also be enforced by injunction.

§ 121-21 Definitions.

As used in this article, the following terms shall mean and include:
PART
As used in relation to the term "sewer system," all lateral sewers or all branch sewers or all interceptor sewers or all trunk sewers and any sewage treatment and disposal works, each part with necessary appurtenances including pumping stations.
SANITARY SEWAGE
Any nonpotable liquid waste, usually containing animal or vegetable matter, in suspension or solution, and which may include industrial wastes and/or liquids containing chemicals.
A. 
Residential service units shall be determined as follows:
B. 
Nonresidential service units shall be determined as follows: All types of structures connected with or served by the sanitary sewer system or any part or parts thereof, and not described in Subsection A, including but not limited to schools, churches, institutions, colleges, universities, motels, country clubs, social clubs, stores and commercial and industrial properties, shall constitute that number of service units rounded to the nearest tenth as determined by dividing the annual water consumption on said premises by 60,000 gallons. Such premises containing separate offices or spaces representing different businesses, ventures or enterprises shall constitute a minimum of one service unit per each office space.
(1) 
A single-family dwelling connected with or served by the sanitary sewer system or any part or parts thereof shall constitute one service unit.
(2) 
Residential structures connected with or served by the sanitary sewer system or any part or parts thereof and occupied or designed to be occupied by two or more families, including two-family and multifamily dwellings and apartments, apartment houses, condominiums and such, shall consist of one service unit for each apartment or living quarters for a separate family unit contained in or on such premises. In the event that such premises also contains space not used for residence purposes, additional service units shall be determined in accordance with the provisions for calculating nonresidential service units.
SEWER RENTS
A scale of annual charges established and imposed in the sewer districts for the use of the sewer system or any part or parts thereof.
SEWER SYSTEMS
All sewer pipes and other appurtenances which are used or useful in whole or in part in connection with the collection, treatment or disposal of sanitary sewage, commercial, institutional and industrial waste and other wastes and which are owned, operated or maintained by the sewer districts in the town, including any sewage treatment and disposal works, each part thereof with necessary appurtenances and pumping stations.

§ 121-22 Authority; establishment.

Pursuant to the authority of the Sewer Rent Law, being Article 14-F of the General Municipal Law of the State of New York, together with any and all amendments thereto, there are established and imposed sewer rents as a means of producing revenue for all sewer districts in the town for the sewer systems now existing therein, those hereafter created and extensions of either or all on behalf of said sewer districts.

§ 121-23 Determination of sewer rents.

[Amended 1-2-1996 by L.L. No. 1-1996]
The Town Board shall annually determine and fix the amount of sewer rent to be charged for each service unit to be charged in all town sewer districts.

§ 121-24 When due and payable; lien; collection.

[Amended 1-2-1996 by L.L. No. 1-1996]
Sewer rents shall become due and payable annually on January 1 in each calendar year. The Town Board shall annually cause a statement or statements to be prepared for the respective districts which sets forth the amount of sewer rent for each of the properties subject thereto, as well as the name of the person in whose name such real property is assessed, which statements are to be presented to the Town Board on or before October 15 in each year. The Board shall levy the amounts contained in such statements against the real property liable at the same time and in the same manner as other town taxes. The amounts shall be set forth in a separate column in the annual tax roll and shall be collected and enforced in the same manner and at the same time as provided by law for the collection and enforcement of town taxes.

§ 121-25 Rates established.

[Amended 2-7-1995 by L.L. No. 3-1995]
Annual sewer rents are hereby established and imposed as follows:
A. 
Jefferson Heights Sewer District: $80 per service unit, plus $8 for each 1/10 of a service unit in excess of a full unit.
B. 
Northeast Sewer District: $80 per service unit, plus $8 for each 1/10 of a service unit in excess of a full unit.
C. 
Arlington Sewer District: $117 per service unit, plus $11.70 for each 1/10 of a service unit in excess of a full unit.
[Amended 12-7-1995 by L.L. No. 13-1995]
D. 
Pittsford Sewer District No. 1: $45 per service unit, plus $4.50 for each 1/10 of a service unit in excess of a full unit.

§ 121-26 Disposition of revenues.

Revenues derived from sewer rents paid by persons in Jefferson Heights Sewer District shall be credited to a special fund to be known as the "Sewer Rent Fund for Jefferson Heights Sewer District." Revenues derived from sewer rents paid by persons in Northeast Sewer District shall be credited to a special fund to be known as the "Sewer Rent Fund for Northeast Sewer District." Revenues derived from sewer rents paid by persons in Arlington Sewer District shall be credited to a special fund to be known as the "Sewer Rent Fund for Arlington Sewer District." Revenues derived from sewer rents paid by persons in Pittsford Sewer District No. 1 shall be credited to a special fund to be known as the "Sewer Rent Fund for Pittsford Sewer District No. 1." Moneys in such funds shall be used only in the manner and for the purposes specified and in the order required by the Sewer Rent Law of the State of New York.