[HISTORY: Adopted by the Board of Trustees
of the Village of Fayetteville 10-24-1972 as Art III of Ch. 20 of
the Code of Ordinances (1972). Amendments noted where applicable.]
The Board of Trustees of the Village, in order
to promote the public health, safety, welfare and convenience of the
residents, inhabitants and general populace of the Village, finds
that a system of sanitary sewerage, including sewers and force mains,
sewage pump works and other related facilities, is necessary and that
such facilities, in order to truly serve the inhabitants of the Village,
must comply with certain minimum requirements and that the use of
such facilities shall be mandatory for the intended benefit to be
realized, and that in order to pay the cost of the management, maintenance,
operation and repair and for the improvement and extension of such
system and for the payment of interest upon the bonds issued and outstanding
and to be issued for improvements and extensions and construction
of new facilities, and to retire such bonds as they mature, it is
necessary to levy and collect a charge or rental upon the lands and
premises served by sewerage connection with the sanitary sewer system
of the Village, as the same may now be constituted or as the same
may be improved or extended; now therefore, pursuant to all of the
above and in accordance with the provisions of the laws of the state,
the provisions of this chapter are hereby enacted.
A.Â
ASTM
BOD (denoting "biochemical oxygen demand")
BUILDER
BUILDING DRAIN
BUILDING SEWER
COMBINED SEWER
CONTRACTOR
DEVELOPER
GARBAGE
INDUSTRIAL or COMMERCIAL
INDUSTRIAL WASTES
NATURAL OUTLET
OWNER
PERSON
pH
PROPERLY SHREDDED GARBAGE
PROPERTY LINE
PUBLIC SEWER
SANITARY SEWER
SEWAGE
SEWAGE TREATMENT PLANT
SEWAGE WORKS
SEWER
SLUG
STORM SEWER or STORM DRAIN
SUPERINTENDENT
SUSPENDED SOLIDS
VILLAGE ENGINEER
WATERCOURSE
Definitions. Unless the context specifically indicates
otherwise, the meaning of the terms used in this chapter shall be
as follows:
The latest edition of American Society for Testing and Materials.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20º C., expressed in parts per million by weight.
Any person or corporation who undertakes to construct, either
under contract or for resale within two years, any habitable building.
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 extension from the building drain to the public sewer
or other place of disposal.
A sewer which carries both sanitary sewage and storm- and
surface water.
Any person, firm or corporation engaged in the installation
of plumbing or repair and maintenance of existing plumbing installations
whose name appears on the approved list of licensed plumbers as periodically,
published by the Division of Drainage and Sanitation of the Department
of Public Works of the County of Onondaga or who is certified by the
Village Engineer and the Board of Trustees of the Village.
Any person or corporation who undertakes to construct simultaneously
more than one housing unit on a given tract or land subdivision.
Solid wastes from the preparation, cooking and dispensing
of food and from the handling, storage and sale of produce.
A classification which, as bears upon applications, rates,
fees or other considerations, shall be determined solely by the Village.
The liquid wastes from industrial processes as distinct from
sanitary sewage.
Any outlet into a watercourse, pond, ditch, lake or other
body of surface or ground water.
Any individual, firm, company, association, society, person
or group having title to real property.
An 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 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.
The curbline if the building sewer is to connect with the
public sewer in a public street "Property line" shall mean the nearest
edge of a sewer right-of-way in those instances where the building
sewer connects to the public sewer in a right-of-way.
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 storm-, surface
and ground waters are not intentionally admitted.
A combination of the water-carried wastes from residences,
business buildings, institutions and industrial establishments, together
with such ground-, surface and storm waters 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 or flows during normal
operation.
A sewer which carries storm and surface waters and drainage
but excludes sewage and polluted industrial wastes.
The Superintendent of Public Works of the Village, 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.
The professional engineer retained as Village Engineer for
the Village, or his authorized deputy, agent or representative.
A channel in which a flow of water occurs either continuously
or intermittently.
B.Â
Word usage. "Shall" is mandatory; "may" is permissive.
It shall be unlawful for any person to place,
deposit or permit to be deposited in an unsanitary manner upon public
or private property within the Village or in any area under the jurisdiction
of the Village any human or animal excrement, garbage or other objectionable
waste.
It shall be unlawful for any person to discharge
to any natural outlet, either directly or through any storm sewer,
within the Village or in any area under the jurisdiction of the Village,
any sanitary sewage, industrial wastes or other polluted waters, except
where suitable treatment has been provided in accordance with subsequent
provisions of this chapter. Use of separate storm sewers and sanitary
sewers is mandatory where such are in existence and no combined sewers
will be allowed.
Except as provided in this chapter, it shall
be unlawful for any person to construct or maintain any privy, privy
vault, septic tank, cesspool or other facility intended or used for
the disposal of sewage.
[Amended 1-14-1991 by L.L. No. 1-1991]
A.Â
The owners of all houses, buildings or properties
used for human occupancy, employment, recreation or other purpose,
situated within the Village 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, are hereby required at their expense
to install suitable toilet facilities therein and to connect such
facilities directly with the proper public sewer in accordance with
the provisions of this chapter within 90 days after the date of official
notice to do so, provided that such public sewer is within 100 feet
of the property line.
[Amended 1-14-1991 by L.L. No. 1-1991]
All properties requiring sewage disposal facilities
that are served by a municipal sewer system shall connect to and use
the municipal sewer.
No person shall uncover, make any connections
with or opening into, use, alter or disturb any public sewer or appurtenance
thereof without first obtaining a written permit from the Superintendent.
There shall be two classes of building sewer
permits: one for residential and commercial service and one 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. A permit and inspection fee of
$5 for a residential and $20 for a commercial building sewer permit
and $40 for an industrial building sewer permit shall be paid to the
Village at the time the application is filed.
All costs and expense incident to the installation
and connection of the building sewer shall be borne by the owner.
The owner shall indemnify the Village from any loss or damage that
may directly or indirectly be occasioned by the installation of the
building sewer.
A.Â
A separate and independent building sewer shall be
provided for every building, except where one stands at the rear of
another on an interior lot and no private sewer is available or can
be constructed to the rear building through an adjoining alley, court,
yard or driveway, or where it is the opinion of the Superintendent
that such private sewer would not accomplish the purposes of this
chapter because of soil conditions, proximity of other dwellings or
other similar conditions, in which case the building sewer from the
front building shall be extended to the rear building and the whole
considered as one building sewer.
B.Â
Where building sewers are to serve multiple-dwelling
structures, there shall be at least one separate building sewer provided
for each group of six (or less) family dwelling units in such structures
unless, in the judgment of the Superintendent of Public Works and
the Division of Drainage and Sanitation of the Department of Public
Works in Onondaga County, special design of the building sewer system
is necessary or desirable which would result in a variance of the
above requirement.
Old building sewers 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. Where
a building is presently served by a septic tank or cesspool, the building
sewer shall be connected ahead of the septic tank or cesspool where
possible so that all the sewage from such building shall be conveyed
to the municipal sewer.
The building sewer shall be cast-iron soil pipe,
ASTM Specification A74-42, extra-heavy weight, or equal. Transite
or equal asbestos-cement building sewer pipe may be used if approved
by the Superintendent. Joints shall be tight and waterproof. Any part
of the building sewer that is located within 10 feet of a water service
pipe shall be constructed of cast-iron soil pipe with leaded joints.
Cast iron pipe with leaded joints may be required by the Superintendent
where the building sewer is exposed to damage by tree roots. If installed
in filled or unstable ground, the building sewer shall be of cast-iron
soil pipe, except that nonmetallic material may be accepted if laid
on a suitable concrete bed or cradle as approved by the Superintendent.
The building sewer pipe shall have a maximum length of five feet between
joints.
The size and slope of the building sewer shall
be subject to the approval of the Superintendent, but in no event
shall the inside diameter be less than four inches. The slope of such
four-inch pipe shall be not less than 1/4 inch per foot.
Wherever possible the building sewer shall be
brought to the building at an elevation below the basement floor.
No building sewer shall be laid parallel to or within three feet of
any bearing wall, which might thereby be weakened. The depth shall
be sufficient to afford protection from frost. The building sewer
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.
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 approved artificial means
and discharged to the building sewer.
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.
A.Â
All excavations required for the installation of a
building sewer shall be open trench work unless otherwise approved
by the Superintendent. Pipe laying and backfill shall be performed
in accordance with ASTM Specification C12-58T, except that no backfill
shall be placed until the work has been inspected by the Superintendent.
B.Â
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 Village.
A.Â
All joints and connections shall be made gastight
and watertight.
B.Â
Cast-iron pipe joints shall be firmly packed with
oakum or hemp and filled with molten lead not less than one inch deep.
Lead shall be run in one pouring and caulked tight The entire joint
shall conform to AWWA Specification C600-54T, Section 9a. 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 Transite pipe shall be made with
either lead or approved hot-poured jointing material as specified
herein.
C.Â
Material for hot-poured joints shall not soften sufficiently
to destroy the effectiveness of the joint when subjected to a temperature
of 160º F. nor be soluble in any of the wastes carried by the
drainage system. The joint shall first be caulked tight with jute,
hemp or similar approved material. Transite asbestos-cement pipe joints
shall follow the manufacturer's recommendations. Other jointing materials
and methods may be used only by approval of the Superintendent.
[Amended 1-14-1991 by L.L. No. 1-1991]
Except as otherwise provided in this chapter,
the size, slope, alignment, materials of construction of a building
sewer and the methods to be used in excavating, placing of the pipe,
jointing, testing and backfilling the trench shall all conform to
the plumbing requirements of the New York State Uniform Fire Prevention
and Building Code. In the absence of provisions in such code applicable
to a particular situation or condition or in amplification thereof,
the materials and procedures set forth in appropriate specifications
of the ASTM and Water Pollution Control Federation Manual of Practice
No. 9 shall apply.
The connection of the building sewer into an
existing public sewer shall be made within five feet of the property
line. If a lateral connection has not previously been provided, the
lateral will be constructed from the existing public sewer to within
five feet of the property line by the Department of Public Works upon
submittal of a proper request by the property owner. The method of
connection of the lateral to the public sewer will be dependent upon
the type of sewer material used and in all cases shall be approved
by the Superintendent.
A.Â
The applicant for the building sewer permit shall
notify the Superintendent when the building sewer is ready for inspection
and connection to the public sewer lateral. The connection shall be
made under the supervision of the Superintendent or his representative.
B.Â
When trenches are opened for the laying of house sewer lateral pipes, such trenches shall be inspected by the Superintendent before the trenches are filled, and the plumber performing such work shall notify the Superintendent when the laying of the house sewer is completed. The filling of a trench before inspection is made will subject the plumber to whom a permit is issued to a penalty for a violation as provided in § 133-42.
[Amended 1-14-1991 by L.L. No. 1-1991]
In case of a violation of any of the rules and
regulations of the Village by a plumber, his journeymen plumbers or
other persons in his employ, he (the plumber) may be suspended or
his recognition may be revoked by the Village.
A.Â
All extensions to the sanitary sewer system owned
and maintained by the Village shall be properly designed in accordance
with the most recent State Construction Code applicable to plumbing
as modified and interpreted by the addendum of the Division of Drainage
and Sanitation of the Department of Public Works of Onondaga County,
and in the absence of applicable provisions of such code or in amplification
thereof, the materials and procedures set forth in appropriate specifications
of the American Society for Testing and Materials and the Water Pollution
Control Federation Manual of Practice No. 9 shall apply.
B.Â
All designs shall comply with the requirements of
the State Department of Health. Plans and specifications for sewer
extensions shall be submitted to and approval obtained from the Superintendent
of Public Works of the Village and the State Department of Health
before construction may proceed. The design of sewers must anticipate
and allow for flows from all possible future extensions or developments
within the immediate drainage area.
C.Â
Applications for sanitary sewer service connections within the Village
of Fayetteville or within any Town sewer district served by the Village
shall not be granted without first complying with the following requirements:
[Added 1-27-2014 by L.L.
No. 3-2014]
(1)Â
Applicants for sanitary sewer service connections shall submit, with
their application, an estimate of the anticipated sewer flows from
the proposed structure, prepared by a licensed professional engineer.
Such estimate shall be submitted to the Village Engineer for review
and approval, and such additional information as the Village Engineer
may require shall be provided by the applicant. Applications determined
by the Village Engineer to involve 300 gallons per day or less of
estimated sewer flow shall be approved, and a permit shall be issued
upon payment by the applicant of a sewer connection fee as established
by the Board of Trustees.
(2)Â
Applications for sewer service connections to serve a single-family
residence or dwelling unit with an individual lateral connection shall
be deemed to involve less than 300 gallons per day of sewer flow and
shall be exempt from the requirements of this section.
(3)Â
Applications determined by the Village Engineer to involve more than
300 gallons per day of estimated sewer flow shall require a remediation
plan, to be prepared by the Village Engineer and submitted for approval
to the appropriate departments(s) of Onondaga County, as required
by those agencies. Such remediation plan shall demonstrate specific
improvements currently designed to eliminate two gallons of infiltration
and inflow for each gallon of estimated sewer flow from the proposed
structure. In the event Onondaga County establishes a different standard
for elimination of infiltration and inflow in the future, the remediation
plan shall satisfy the county's standard at the time it is approved.
[Amended 7-20-2020 by L.L. No. 2-2020]
(4)Â
The costs of design and implementation of such remediation plan shall
be borne by the applicant who shall, upon request by the Village,
deposit an initial sum of money with the Village Clerk/Treasurer equal
to $4 per gallon of infiltration and inflow to be removed. Such deposit
shall be disbursed by the Village Clerk/Treasurer upon presentation
of vouchers for work performed. Applicants shall similarly deposit
such additional sums as may be required to complete the design or
implementation of a plan of remediation.
(5)Â
Permits for sanitary sewer connections shall be granted only upon
the approval of above parties as listed.
Sewer extensions, including individual building
sewer laterals to the property line, may be constructed by the Village
if, in the opinion of the Village Board of Trustees, the number of
properties to be served by such extension warrants its cost. Under
this arrangement, the property owner shall pay for and install the
building sewer from the property line to his residence or place of
business in accordance with the requirements of this chapter. Thereafter,
each property owner served by the extended public sewers will be charged
at the full service charge as outlined in this chapter. Property owners
may propose sewer extensions within the incorporated Village by drafting
a written petition, signed by a majority of the benefiting property
owners, and filing it with the Village Board of Trustees.
If the Village does not elect to construct a
sewer extension, the property owner, builder or developer may construct
the necessary sewer extension if this extension is approved by the
Village Board of Trustees. He or they must pay for the entire installation,
including all expenses incidental thereto. Each building sewer installed
must be installed and inspected as previously required by the Superintendent
of Public Works. Design of such sewers shall be as previously specified.
The installation of the sewer extension must be subject to full-time
inspection by the Superintendent of Public Works and the Village Engineer,
and the expenses for this inspection shall be paid for by the owner,
builder or developer. The decision of the Superintendent shall be
final in all matters of quality and methods of construction. The sewer
as constructed must pass an exfiltration test to be conducted by the
Division of Drainage and Sanitation of the Onondaga County Department
of Public Works and such other tests as in the opinion of such agency
are necessary to assure that the construction complies with the provisions
of this chapter. The cost of the sewer extension thus made shall be
absorbed by the developers or property owners.
All sewer extensions constructed at the property
owner's, builder's or developer's expense, after final approval and
acceptance by the Superintendent of Public Works, shall become the
property of the Village and shall thereafter be maintained by the
Village. Such sewer extensions after their acceptance by the Village
shall be guaranteed for one year. This guaranty shall be in a form
provided by the Village. In the sole discretion of the Village, a
surety bond may be required from the property owner, builder or developer
and/or contractor which will guarantee proper execution and completion
of the work without damage to the Village.
No builder or developer shall be issued a building
permit for a new dwelling or structure requiring sanitary facilities
within the Village until such time as a plumbing permit has been issued
by the Division of Drainage and Sanitation of the Department of Public
Works of the County of Onondaga and the Superintendent of Public Works
of the Village. All new developments must have approved system of
sanitary sewers.
A.Â
No person shall discharge or cause to be discharged
any stormwater, surface water, groundwater, roof runoff, subsurface
drainage, cooling water or unpolluted industrial process waters to
any sanitary sewer.
B.Â
Stormwater and all other unpolluted drainage shall
be discharged to such sewers as are specifically designated as storm
sewers or combined sewers or to a natural outlet approved by the Superintendent.
Industrial cooling water or unpolluted process waters may be discharged,
upon approval of the Superintendent, to a storm sewer or natural outlet.
Except as provided in this chapter, no person
shall discharge or cause to be discharged any of the following-described
waters or wastes to any public sewer:
A.Â
Any liquid or vapor having a temperature higher than
150º F. (65º C.).
B.Â
Any waters or wastes which contain fats, wax, grease
or oil, whether beneficial or not, or other substance that will solidify
or become discernibly viscous at temperatures between 32º and
150º F.
C.Â
Any waters or wastes containing emulsified oil and
grease exceeding an average of 50 parts per million (417 pounds per
million gallons) ether-soluble matter.
D.Â
Any gasoline, benzine, naphtha, fuel oil or mineral
oil or other flammable or explosive liquid, solid or gas.
E.Â
Any noxious or malodorous gas, such as hydrogen sulfide,
sulfur dioxide or nitrous oxide, or other substance which either singly
or by interaction with other wastes is capable of creating a public
nuisance or hazard to life or of preventing entry into sewers for
their maintenance and repair.
F.Â
Any garbage that has not been properly comminuted
or triturated.
G.Â
Any ashes, cinders, sand, mud, straw, shavings, metal,
glass, rags, feathers, tar, plastic, wood, paunch manure, hair and
fleshings, entrails, lime slurry, lime residues, beer or distillery
slops, chemical residues, paint residues, cannery waste bulk solids
or any other solid or viscous substance capable of causing obstruction
to the flow of the sewers or other interference with the proper operation
of the sewage system.
H.Â
Any waters or wastes, acid and alkaline in reaction,
having corrosive properties capable of causing damage or hazard to
structures, equipment and personnel of the sewage system. Free acids
and alkalis must be neutralized, at all times, within a permissible
pH range of 6.0 to 9.5.
I.Â
Any cyanides in excess of two parts per million by
weight as CN.
J.Â
Any long half-life (over 100 days) of toxic radioactive
isotopes without a special permit.
K.Â
Any waters or wastes that for a duration of 15 minutes have a concentration greater than five times the average of that of normal sanitary sewage (defined in Subsection N) as measured by suspended solids and BOD and/or which are discharged continuously at a rate of exceeding 300 gallons per minute except by special permit.
L.Â
Any stormwater, cistern or tank overflow, cellar drain,
discharge from any vehicle wash rack or water motor, or the contents
of any privy vault, septic tank or cesspool or the discharge of effluent
from any air-conditioning machine or refrigeration unit
M.Â
Any waters or wastes containing a toxic or poisonous
substance, a high chlorine demand or suspended solids in sufficient
quantity to injure or interfere with any sewage treatment process,
constitute a hazard to humans or animals or create any hazard in the
receiving waters or the effluent of the Village sewage treatment plant.
Such toxic substances shall be limited to the average concentrations
listed hereafter in the sewage as it arrives at the treatment plant,
and at no time shall the hourly concentration at the sewage treatment
plant exceed three times the average concentration. If concentrations
listed are exceeded, individual establishments will be subject to
control in volume and concentration by the Superintendent.
|
Limits of Toxic Substances in Sewage
| ||
|---|---|---|
|
Iron, as Fe
|
5.0 ppm
| |
|
Chromium, as Cr (hexovalent)
|
4.0 ppm
| |
|
Copper, as Cu
|
1.0 ppm
| |
|
Zinc, as Zn
|
5.0 ppm
| |
|
Chlorine demand
|
15 ppm
| |
|
Phenol
|
10 ppm
| |
|
Cyanide, as CN
|
2.0 ppm
| |
N.Â
"Normal sanitary sewage" shall be construed to fall
within the following ranges at the effluent of the industrial plant
in question:
|
Constituents
|
Normal Range
| |
|---|---|---|
|
Suspended solids
|
180 to 350 ppm
| |
|
BOD
|
140 to 300 ppm
| |
|
Chlorine demand
|
5 to 15 ppm
|
A.Â
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 and 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.
B.Â
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.
C.Â
Where installed, all grease, oil and sand interceptors
shall be maintained by the owner, at his expense, in continuously
efficient operation at all times and shall be readily accessible and
open to inspection by the Superintendent of Public Works at any time.
A.Â
The admission into the public sewers of any waters
or wastes having a five-day biochemical oxygen demand greater than
300 parts per million by weight, or containing more than 350 parts
per million by weight of suspended solids, or containing more than
15 parts per million of chlorine demand, or containing any quantity
of substances having the characteristics above the previously described
limits, or having an average daily flow greater than 2% of the average
daily sewage flow of the Village shall be subject to the review and
approval of the Superintendent.
B.Â
Where necessary in the opinion of the Superintendent,
the owner shall provide, at his expense, such preliminary treatment
as may be necessary to reduce the biochemical oxygen demand to 300
parts per million and the suspended solids to 350 parts per million
by weight, or reduce the chlorine demand to 15 parts per million,
or reduce objectionable characteristics or constituents to within
the maximum limits provided for in this chapter, or 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 Engineer
and of the Water Resources Commission of the state, and no construction
of such facilities shall be commenced until such approvals are obtained
in writing.
C.Â
Where preliminary treatment facilities are provided
for any waters or wastes, they shall be maintained continuously in
satisfactory and effective operation by the owner at his expense.
When required by the Superintendent, the owner
of any property served by a building sewer carrying industrial wastes
shall install a suitable control manhole in the building sewer to
facilitate observation, sampling and measurement of the wastes. Such
manhole, when required, shall be accessibly and safely located and
shall be constructed in accordance with plans approved by the Engineer.
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.
A.Â
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 Standard Methods for Examination of Water and Wastewater, published by the American Public Health Association, upon suitable samples taken at the control manhole provided for in § 133-33. 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.
B.Â
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.
All such sampling shall be carried out by the Superintendent of Public
Works or such qualified governmental agency or department designated
by the Superintendent.
If any waters or wastes are discharged or are
proposed to be discharged to the public sewers, which waters contain
any of the substances or possess the characteristics previously enumerated
or which contain substances or possess characteristics which, in the
judgment of the Superintendent or Division of Drainage and Sanitation
of the Department of Public Works of Onondaga County, 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:
A.Â
Reject the wastes;
B.Â
Require pretreatment to an acceptable condition for
discharge to the public sewers;
C.Â
Require control over the quantities and rates of discharge
and/or;
D.Â
Require payment to cover the added cost of handling
and treating the wastes not covered by existing taxes or other sewer
charges under the provisions of this chapter.
No statement contained in this chapter shall
be construed as preventing any special agreement or arrangement between
the Village 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.
[Amended 1-14-1991 by L.L. No. 1-1991]
No unauthorized persons shall maliciously, willfully
or negligently break, damage, destroy, uncover, deface or tamper with
any structure, appurtenance or equipment which is a part of the Village
sewage works. Any person violating this provision shall be guilty
of a violation of § 145.15 of the Penal Law and shall be
punishable accordingly.
The Superintendent and other duly authorized
employees of the Village bearing proper credentials and identification
shall be permitted to enter upon all properties for the purposes of
inspection, observation, measurement, sampling and testing in accordance
with the provisions of this chapter.
A.Â
The source of the revenues for construction, improving
and maintaining a public sewer system, including retiring debt service,
capital expenditures and operation, shall be a sewer service charge
assigned to owners of property within the area served by the sanitary
sewer system of the Village.
B.Â
The sewer service charge shall be comprised of a unit
charge of use basis and an assessment charge based on the assessed
valuation of the property served. The basic unit shall be the equivalent
of a single-family residence. Such sewer charge shall be determined
by the Village Board of Trustees on an annual bases.
[Amended 4-14-1975 by L.L. No. 2-1975]
C.Â
In the event a lot, parcel of land, building or premises
of any kind discharges into the sewerage system of the Village sewage
or other wastes which, in the opinion of the Superintendent of Public
Works, contain unduly high concentrations of any substances which
add to the operating or maintenance costs of the sewage disposal system,
then the Board of Trustees of the Village may elect to establish special
rates of charge, based on the quantity of these substances, which
rate of charges may be established in such manner as the Village Board
of Trustees 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 official to make an annual survey
to determine whether there is being discharged into the sewage disposal
system sewage of the type heretofore designated which adds to the
cost of operation or maintenance of such system. Upon completion of
such survey the Superintendent shall file a report of his findings
with the Village Board of Trustees, together with his recommendation
as to whether additional sewer rent charges should be levied for such
sewage or other waste, and, if so, he shall set forth recommended
charges for the same.
D.Â
A special sewer rent may be assigned to any industrial
firm or organization whose waste disposal situation is such that it
would be in the public interest to waive the previous rate provisions.
The Village, after appropriate study and advice from the Superintendent,
shall assign a special sewer rent charge to the industrial firm by
separate agreement with such firm. The applicable portions of the
preceding provisions as well as the equitable rights of the public
shall be the basis for such an arrangement.
E.Â
All revenues derived from the sewer rents imposed
hereunder, together with all penalties and interest thereon, shall
be kept by the Village Treasurer in a separate fund to be known as
the "Sewer Fund." Expenditures chargeable against such Sewer Fund
shall be incurred only for such purposes as such Sewer Fund has been
established as hereinbefore provided and as allowed by § 279
of the Village Law of the State of New York.[1] If in any year it appears that there will be a deficit
in such fund, the Village Board of Trustees may make up such deficit
by the assessment of general taxes.
[1]
Editor's Note: Section 279 of the Village
Law was omitted when the Village Law was recodified in 1973. However,
see General Municipal Law § 453, Sewer rent fund.
F.Â
The Village reserves the right to change the basis
for determining sewer rent charges.
G.Â
All sewer rent charges shall be levied by the Village
on an annual basis and shall be due and payable at the office of the
Village Treasurer on such date as may be determined by the Village
Board of Trustees.
A.Â
Bills will be sent out to all users and shall be paid
within 30 days. If not paid when due, a notice of at least 10 days
shall be sent out to the user demanding payment or advising that the
sewer service is subject to discontinuance, and after the expiration
of the period specified in such notice, such sewer service shall be
subject to discontinuance without further notice. The expense of discontinuance
and recommencement of such sewer service shall be borne solely by
the owner of such property, and such expense, if unpaid, will become
a lien upon such property in the same manner as the sewer rent charge
itself as hereinafter provided.
B.Â
In addition to the foregoing, such sewer rent 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. Such unpaid
sewer rent charges, upon certification by the Village Treasurer, shall
be placed upon the real property tax bill for that year with interest
and penalties.
C.Â
Interest will be charged at the rate of 6% per annum
upon all sewer rentals and other charges after the due date. A further
charge of 10% of the unpaid amount may be added thereto in each case
of failure to make prompt payment,and the total thus obtained shall
be the sewer rent charge in each such case.
D.Â
Such collection procedures for delinquent sewer rents
shall be in accordance with § 452 of the General Municipal
Law of the State of New York and § 279-7 of the Village
Law of the State of New York.[1]
[1]
Editor's Note: Section 279 of the Village
Law was omitted when the Village Law was recodified in 1972.
A.Â
The cost of the building sewer to serve for all buildings
requiring sewer service shall be borne by the property owner.
B.Â
Subdivisions utilizing any portion of the Village
works shall bear the cost of the installation of public sewers and
building sewers in the subdivisions.
C.Â
A sewer service charge for transportation, treatment
and operation and maintenance costs will be levied against property
owners within such subdivisions.
A.Â
Any person found to be violating any provision of this chapter, except for provisions of § 133-37, shall be served by the Village with written notice stating the nature of the violation 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 violations.
B.Â
See Ch. 113, Penalties for Offenses.
[Amended 1-14-1991 by L.L. No. 1-1991; 1-23-2012 by L.L. No.
4-2012]
C.Â
In the alternative, upon violation of this chapter,
the proper authorities of the Village, in addition to other remedies,
may institute any appropriate action or proceedings, including any
injunction, to prevent such unlawful use, construction or maintenance
of cesspools, septic tanks, sewage disposal systems, pipes or drains,
to restrain, correct or abate such violation or to prevent the occupancy
of any building, structure or land where such violations of this chapter
are found.
D.Â
Any person violating any of the provisions of this
chapter shall become liable to the Village for any expense, loss or
damage occasioned by reason of such violation.
