[HISTORY: Adopted by the Town Board of the Town of Wheatland 12-17-1970
by L.L. No. 5-1970 (Ch. 77 of the 1980 Code). Amendments
noted where applicable.]
This chapter shall be known as the "Sewer Use Local Law."
A.
The sanitary sewer system of the Town of Wheatland consists
of lateral and trunk sewers laid in streets and rights-of-way and a sewage
treatment plant, the location of which are shown upon plans and drawings filed
in the office of the Town Clerk, and all other appurtenances which are used
in whole or in part in connection with the collection, dumping, treatment
and disposal of sewage, industrial wastes and other wastes and all extensions,
additions and improvements which may be made to such system.
B.
The purpose of such system is to provide for the collection
and treatment of domestic sewage and such industrial wastes as are permitted
by this chapter, in order to promote the health, safety and general welfare
of the residents of the Town of Wheatland. The purpose of this chapter is
to protect the sewage collection and treatment facilities by controlling the
quantity, quality and manner of discharge of sewage in the sanitary system
of property therein to whom the system is available.
A.
B.O.D. (denoting biochemical oxygen demand)
BUILDING DRAIN
GARBAGE
HOUSE LATERAL or BUILDING LATERAL
INDUSTRIAL WASTES
NOTICE
OWNER
PERSON
pH
PROPERLY SHREDDED GARBAGE
PUBLIC SEWER
SANITARY SEWER
SEWAGE
SEWAGE TREATMENT PLANT
SEWER
SEWER SYSTEM
STORM SEWER or STORM DRAIN
SUPERINTENDENT OF PUBLIC WORKS
SUSPENDED SOLIDS
TOWN
Definitions. Unless the context specifically indicates
otherwise, the meaning of terms used in this chapter shall be as follows:
The quantity of oxygen utilized in the biochemical oxidation of organic
matter under standard laboratory procedure in five days at 20º 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 any building and conveys it to the building or house lateral, beginning
four feet outside the building wall.
Solid wastes from the preparation, cooking and dispensing of food
and from the handling, storage and sale of produce.
The pipeline extending from the building drain to the public sewer
or other place of disposal.
The liquid from industrial processes, as distinct from sanitary sewage.
Forty-eight hours' written notice.
Any person having title to or any interest in real property in the
Town of Wheatland, New York.
Any individual, firm, company, association, society, corporation,
group or agent therefor, including municipal corporations and school districts.
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 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 controlled by a public authority, i.e., the Town of Wheatland,
New York.
A sewer which carries sewage and to which storm- , surface and ground
waters are not intentionally admitted.
A combination of the water-carried waste from residences, business
buildings, institutions, industrial establishments or other places.
Any arrangement of devices, buildings and structures owned, operated
or leased by the Town of Wheatland, New York or the Northeast Sanitary Sewer
District (N.E.S.S.D.), for the proper treatment of sewage.
A pipe or conduit for carrying sewage.
All facilities for the collection, pumping, treatment and disposal
of sewage and industrial or other waste, owned and operated or maintained
by the Town of Wheatland or the Northeast Sanitary Sewer District (N.E.S.S.D.)
A sewer which carries storm- and surface waters and drainage, but
excludes sewage and polluted industrial waters.
The person in charge of the sewer system of the Town of Wheatland,
New York.
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.
The Town of Wheatland, Monroe County, New York.
B.
Word usage. "Shall" is mandatory; "may" is permissive.
A.
The owner of any residence, building or property used
for human occupancy, employment, recreation, commerce, manufacturing or other
purpose situated in the Town and abutting on any street, alley, easement or
right-of-way in which there is a public sewer line or to which there is otherwise
available or accessible a public sewer line, is hereby required, at his expense,
to connect such residence, building or property directly with the public sewer,
and to install suitable toilet facilities therein, within 30 days after official
notice to do so, unless this period of time is extended by the Superintendent
of Public Works in his discretion.
B.
It shall be unlawful for any person to place, deposit
or permit to be deposited upon public or private property within the Town
of Wheatland any human excrement, garbage or other objectionable wastes, and,
except as hereinafter provided, it shall be unlawful to construct or maintain
any privy, privy vault, septic tank, cesspool or other facility intended for
use for the disposal of sewage within the Town of Wheatland, New York.
C.
Where the Superintendent of Public Works certifies that
the Town sewer system is not available, an owner may employ a private sewage
disposal system, the type, capacity, location and construction of which shall
comply with all requirements of the Monroe County Health Department. This
includes any temporary installations such as construction projects, carnivals,
etc. A certificate will be required from the Superintendent of Public Works,
not to exceed 30 days. It may be renewable at his discretion.
D.
No person shall discharge or cause to be discharged any
stormwater, surface water, groundwater, roof runoff, subsurface drainage,
cooling water, impounded water or unpolluted industrial process waters to
any sanitary sewer or public sewer.
E.
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 of Public Works. Industrial
cooling water or other unpolluted process waters may be discharged to a storm
sewer or natural outlet upon approval of the Superintendent of Public Works.
F.
Except as hereinafter provided, no person shall discharge
or cause to be discharged any of the following described waters or wastes
to any public sewer:
(1)
Any liquid or vapor having a temperature lower than 32º
F. or higher than 150º F.
(2)
Any water or waste which may contain more than 100 milligrams
per liter of fats, oils or greases.
(3)
Any gasoline, benzene, naphtha, fuel oil or other inflammable
or explosive liquid, solid or gas.
(4)
Any garbage that has not been properly shredded.
(5)
Any ashes, cinders, sand, mud, straw, shavings, animal
wastes, metal, glass, rags, feathers, tar plastics, wood, manure or any other
solid or viscous substance capable of causing obstruction to the flow in sewers
or other interference with the proper operation of the sewage works in the
opinion of the Superintendent of Public Works.
(6)
Any waters or wastes having a pH lower than 5.5 or higher
than 9.5 or having any other corrosive property capable of causing damage
or hazard to structures, equipment and personnel of the sewage works, in the
opinion of the Superintendent of Public Works.
(7)
Any water or wastes containing a toxic or poisonous substance
in sufficient quantity to injure or interfere with any sewage treatment process
or to constitute a hazard to humans or animals or to create any hazard in
the receiving waters of the sewage treatment plant.
(8)
Any waters or wastes containing suspended solids of such
character and quantity that unusual attention or expense is required to handle
such materials at the sewage treatment plant, in the opinion of the Superintendent
of Public Works.
(9)
Any noxious or malodorous gas or substance capable of
creating a public nuisance.
G.
Grease, oil and sand interceptors shall be provided by
the owner when, in the opinion of the Superintendent of Public Works, they
are necessary for the proper handling of liquid wastes containing grease in
excessive amounts or any inflammable wastes, sand, grit 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 of Public Works, 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 and shall be of substantial construction,
watertight and equipped with easily removable covers which, when bolted in
place, shall be gastight and watertight.
H.
Where installed, all grease, oil and sand interceptors
shall be maintained by the owner, at his expense, in continuously efficient
operation at all times.
I.
The admission into the public sewers of any waters or wastes having a five-day biochemical oxygen demand greater than 300 milligrams per liter or containing more than 350 milligrams per liter of suspended solids or containing any quantity of substances having the characteristics described in Subsection F of this section or having an average daily flow greater than 2% of the average daily sewage flow of the Town, shall be subject to the review and the approval of the Town Board of the Town. Where necessary, in the opinion of the Town Board of the Town, the owner shall provide, at his expense, such pretreatment as may be necessary to reduce the biochemical oxygen demand to 300 milligrams per liter and the suspended solids to 350 milligrams per liter, or to reduce objectionable characteristics or constituents to within the maximum limits provided for in this section, or to control the quantities and rates of discharge of such waters or wastes. Plans, specifications and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the Town Board of the Town, and no construction of such facilities shall be commenced until said approval is granted in writing. Where preliminary treatment facilities are required for any waters and wastes, the permit for connection to the sewage system will be voided unless such pretreatment units, when placed in operation, have demonstrated their effectiveness by test. The cost of such testing, sampling and analyzing shall be borne by the waste contributor. Said preliminary treatment facility shall be maintained continuously and satisfactorily in effective operation by the owner at his expense.
J.
When required by the Superintendent of Public Works,
the owner of any property served by a house lateral carrying commercial-industrial
wastes shall install a suitable control manhole in the lateral to facilitate
observation, sampling and measurement of wastes. Such manhole, when required,
shall be conveniently and safely located and shall be constructed in accordance
with plans approved by the Superintendent of Public Works. 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.
K.
All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in Subsections F and I above shall be determined in accordance with standard methods for the examination of water and sewage and may be determined at the control manhole provided for in Subsection J or upon suitable samples taken at said 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 the building sewer is connected. Any analyses required by the Superintendent of Public Works pursuant to the provisions of this chapter may be performed at the sewage treatment plant or at such laboratory as may be designated by the Superintendent of Public Works, and, if the latter, the cost of these analyses shall be borne by the owner.
L.
No statement contained in this section shall be construed
as preventing any special arrangement or agreement between the Town Board
of the Town and any industrial, commercial or other owner from whose premises
commercial, industrial or domestic wastes emanate which are of unusual strength
or character, allowing such wastes to be accepted by the Town Board of the
Town for treatment subject to payment therefor by such owner.
A.
No personnel shall enter into, open, connect with, use
or do any repair or maintenance work with respect to the sewer system except
under the inspection and direction of the Superintendent of Public Works and
without first obtaining a written permit from the Superintendent of Public
Works.
B.
There shall be two classes of building sewer permits:
for residential and commercial uses and for use by establishments producing
industrial wastes. In either case, the owner or his agent shall make application
on a special form furnished by the Town. The permit application shall be supplemented
by such plans, specifications and other information considered pertinent and
requested by the Superintendent of Public Works. A permit and inspection fee
as established by the Town Board and set forth in the Schedule of Fees shall
be paid to the Town Clerk at the time the application is filed.
[Amended 7-10-1980 by L.L.
No. 12-1980; 2-1-2007 by L.L.
No. 1-2007]
C.
All costs and expense incident to the installation and
connection of the building drain and house lateral shall be borne by the owner,
and the owner shall also be liable for the initial cost of installation and
continued maintenance of the house lateral from the building to the Y-connection,
where provided in the sewer, or directly to the sewer line where no Y-connection
has been provided. The owner, before a permit is issued, shall agree to indemnify
the Town from any loss or damage that may directly or indirectly be occasioned
by the installation of the house lateral or its connection to the sewer system.
All excavations for building sewer installations 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 Town.
[Amended 7-10-1980 by L.L.
No. 12-1980]
D.
A separate and independent house lateral shall be provided
for every building. Existing private sewer lines or laterals not passing through
a septic tank may be used when they are found, on examination by the Superintendent
of Public Works, to be satisfactory and to meet all other requirements of
this chapter. Abandoned septic tanks, cesspools, laterals and other private
disposal facilities shall be removed or filled with suitable materials.
E.
House laterals shall be cement asbestos Class 2400 (transite
or equal) or extra heavy cast-iron soil pipe and shall be surrounded by select
earth compacted to at least a distance of one foot above the pipe. Cast-iron
soil pipe must be used for the building drain through the wall of any building
and for at least four feet from the building to the connection of the building
drain to the house lateral or building lateral.
F.
The size and slope of the house lateral shall be subject
to the approval of the Superintendent of Public Works, but in no event shall
the internal diameter be less than four inches. The slope of such four-inch
pipe shall be not less than 1/4 inch per foot, except where unusual circumstances
establish a proven hardship, in the opinion of the Superintendent of Public
Works.
G.
No house lateral shall be laid in a ditch paralleling
a water or gasline within four feet of such other lines, nor shall it be laid
parallel to or within three feet of any bearing wall which might thereby be
weakened. All house laterals shall be laid at uniform grade and in straight
alignment insofar as possible, and changes in direction shall be made only
with properly curved pipe and fittings. The depth thereof shall be sufficient
to afford protection from frost.
H.
In all buildings in which any building drain is too low
to permit gravity flow to the sewer system, sanitary sewage carried by such
drain shall be lifted by approved artificial means and discharged to the house
laterals.
I.
All excavation required for the installation of a house
lateral shall be open trench work unless otherwise approved by the Superintendent
of Public Works. Pipe laying and backfill shall be performed in accordance
with the American Society for Testing and Materials, Specification C-12, except
that no backfill shall be placed until the work has been inspected by the
Superintendent of Public Works. No house lateral shall be connected to the
sanitary system unless the structure to be served shall have a soil line properly
vented in a manner approved by the Building Inspector, with such cleanouts
along the house lateral as may be required by the Superintendent of Public
Works.
A.
The Superintendent of Public Works and other duly authorized
employees of the Town shall be permitted to enter upon any property at reasonable
hours for the purpose of inspecting, measuring, sampling, testing, repairing
or disconnecting or for any purpose reasonably necessary to carry out and
enforce the provisions of this chapter.
B.
The Town Board of the Town may, at any time in its discretion,
stop and prevent the discharge into the sewer system of any substance which
it considers may injure the sewer system or interfere with its normal operation
or obstruct the flow or hinder any process of sewage purification, and it
may, in furtherance of this provision, sever the connection and cause the
removal of any house lateral or building lateral through which such detrimental
substances are being discharged or cause the water service to be discontinued
and/or both. No action shall be taken by the Town Board to implement the foregoing
provisions unless the Town shall have given the owner at least 48 hours' notice
in writing stating the action to be taken and the grounds therefor, except
that such notice shall not be required if immediate action is necessary to
prevent injury to the sewer system or any part thereof.
The source of the revenue for construction, improving and maintaining
a public sewer system shall be a sewer service charge assigned to the owners
of the property within the area served by the sanitary sewer system of the
Town of Wheatland.
A.
The sewer service charge shall be based on a per unit
of use basis, a unit being the equivalent of a single-family residence. The
basic unit for any other use is as follows:
[Amended 7-10-1980 by L.L.
No. 12-1980]
(1)
Business: one unit for each 50,000 gallons of water.
(2)
Business in a home: one unit for business and one unit
for home.
(3)
Schools: Units shall be based on a formula determined
by the Town Board after consultation with the consulting engineer of the Town.
(4)
Apartments: A house that is divided into apartments is
assigned one unit for each apartment. An apartment is two or more rooms.
(5)
Industrial units: units based on a formula submitted
by Lozier Engineers, Inc.
(6)
Rooming houses: one unit for each 50,000 gallons of water.
B.
Businesses, schools, industry and rooming houses will
be reviewed every three years.
C.
Said sewer charge shall be determined by the Town Board
of the Town of Wheatland on an annual basis. The Town also reserves the right
to change the basis for determining sewer rent charges.
D.
In the event that a lot, parcel of land, building or
premises of any kind discharges into the sewer system sewage or other wastes
which, in the opinion of the Superintendent of Public Works, contain an unduly
high concentration of any substance which adds to the operating or maintenance
costs of the sewage disposal system, then the Town Board may elect to establish
special rates of charge, based on the quantity of these substances, which
rate of charge may be established in such manner as the Town Board may elect,
or it may elect to exclude such sewage or trade wastes from its facilities.
It shall be the duty of the Superintendent of Public Works or other designated
officials to make an annual survey to determine whether there is being discharged
into the sewage disposal system sewage of the type heretobefore designated
which adds to the cost of operation or maintenance of said system. Upon completion
of said survey, the Superintendent shall file a report of his findings with
the Town Board, together with his recommendations as to whether additional
sewer charges should be levied for such sewage or other waste, and if so,
he shall set forth recommended charges for same.
E.
All sewer charges, including operation and maintenance,
shall be levied annually and shall be paid at the same time that Town taxes
are paid.
F.
The sewer charge shall constitute a lien against the
real property benefited, and such lien is prior and superior to every other
lien or claim except a lien of an existing tax, water charge or local assessment.
[Amended 7-10-1980 by L.L.
No. 3-1980]
A.
No person shall maliciously, willfully or negligently
break, damage, destroy, uncover, deface or otherwise tamper with any structure,
appurtenance or equipment which is a part of the Town sanitary sewer system.
B.
Any person found to be committing an offense against any provision of this chapter, other than Subsection A above, shall be served by the Town with written notice stating the nature of the offense and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all offenses, and any person who shall continue any offense beyond the period of time stated in such notice shall be subject to the penalties otherwise provided for herein.
C.
Offenses against this chapter shall be punishable as
provided by the general penalty provisions of the Town of Wheatland[1] and, in addition to any penalty or remedy available, any person
committing an offense against any of the provisions of this chapter shall
become liable to the Town for any expense, loss or damage occasioned by reason
of such offense.
