[HISTORY: Adopted by the Board of Trustees
of the Village of Greene: Art. I, 6-1-1981 by L.L. No. 2-1981;
Art. II, 8-8-1983 by L.L. No. 2-1983. Amendments noted where applicable.]
[Adopted 6-1-1981 by L.L. No. 2-1981]
A.
Purpose and intent. A debt retirement charge schedule
shall be used for deriving revenues for financing sewage collection
and treatment facilities. The funds derived from these charges shall
be used for all municipal expenses associated with construction of
new facilities or improvements to a sewerage system, including administration,
engineering, planning, construction, reconstruction of sewers and
sewage treatment works and all necessary appurtenances thereto, including
pumping stations, extension, enlargement or additions to the sanitary
sewer system or the preliminary or other studies and surveys relative
thereto, and for the acquisition of land or rights-of-way for any
of the capital improvements.[1]
B.
Scope. A debt retirement charge shall be assigned
to owners of properties located within or without the corporate limits
of the Village who contribute wastes to the municipal sanitary system,
except as herein provided.[2]
C.
Schedule of charges. The basis for the debt retirement
charge shall be a schedule established by the Village Board entitled
"Sewer Units for Debt Retirement Recovery." Said schedule shall assign
a number-of-units value to each property served based on categories
of property use, i.e., one-family residence: one unit. The sewer units
for debt retirement recovery schedule shall be in file in the Village
Clerk's office.[3]
D.
The Village reserves the right to change the basis
for determining debt retirement charges.
E.
The Village reserves the right, from time to time,
to change debt retirement charges originally or previously assigned.
F.
The Village may require additional payments from a
user to cover the added cost of handling and treating special wastes.
G.
The Inspector and any member of the Board of Trustees
or its designee shall have the right of access at any reasonable time
to any premises served by the Village sewer system for the purposes
of inspection in order to carry out the provisions of this article
in an equitable manner.
H.
The per-unit amount of the annual debt retirement charge shall be equal to the total of the annual expenses (set forth in § 90-1A) divided by the total number of units served by the Village sewer system. The annual debt retirement charge shall be billed annually on the first day of June each year. Annual debt retirement charges shall be set by the Board of Trustees on or before May 1 of each year.
I.
30 days after the due date, a late penalty fee of
5% shall be added to the amount of the sewer use charge, and for each
month thereafter on the first day of each month, an additional penalty
of 1% shall be charged until paid.[4]
J.
All unpaid delinquent debt retirement charges shall
constitute a lien on the real property served by the Village sewer
system, and on the first day of April of each year, the Village Clerk-Treasurer
shall present to the Board of Trustees a statement setting forth the
amount of each lien for sewer rents in arrears, the real property
affected thereby and the name of the person in whose name the real
property is assessed. The Board of Trustees shall levy the amounts
contained in such statement against the real property liable at the
same time and in the same manner as Village taxes, and such amounts
shall be set forth in a separate column in the annual tax rolls. The
amounts so levied shall be levied and enforced in the same manner
and at the same time as may be provided by law for the collection
and enforcement of Village taxes.
A.
A user charge shall be used for deriving revenues
for operating and maintaining sewage collection and treatment facilities.
The funds derived from these charges shall be used for all municipal
expenses associated with operation and maintenance of sewers and sewage
treatment works and all necessary appurtenances thereto, including
pumping stations, and replacement of equipment, accessories or appurtenances
which are necessary to maintain the capacity and performance during
the service life of the aforementioned facilities.
B.
A user charge shall be assigned to users of the sewer
system located within or without the corporate limits of the Village
who contribute wastes to the municipal sanitary system.
C.
The basis for the user charge shall be the consumption
of water by the user in units of 1,000 gallons.
D.
The Village reserves the right to change the basis
for determining user charges. In addition, the Village reserves the
right, from time to time, to change sewer use charges originally or
previously assigned.
E.
The Village may require additional payments from a
user to cover the added cost of handling and treating special wastes.
F.
The Inspector and any member of the Board of Trustees
or its designee shall have the right of access at any reasonable time
to any premises served by the Village sewer system for the purposes
of inspection in order to carry out the provisions of this article
in an equitable manner.
G.
The per-unit amount of the annual user charge shall be equal to the total of the annual expenses set forth in § 90-1A divided by the total number of one-thousand-gallon units of water consumed by the users of the Village sewer system. The annual user charge shall be billed quarterly on the first day of March, June, September and December. Annual user charges per 1,000 gallons shall be set by the Board of Trustees on or before May 1 of each year.
H.
30 days after the due date, a late penalty fee of
5% shall be added to the amount of the user charge, and for each month
thereafter on the first day of each month, an additional penalty of
one-half percent (1/2%) shall be charged until paid.
I.
All unpaid delinquent user charges shall constitute
a lien on the real property served by the Village sewer system, and
on the first day of April of each year, the Village Clerk-Treasurer
shall present to the Board of Trustees a statement setting forth the
amount of each lien for user charges in arrears, the real property
affected thereby and the name of the person in whose name the real
property is assessed. The Board of Trustees shall levy the amounts
contained in such statement against the real property liable at the
same time and in the same manner as Village taxes, and such amounts
shall be set forth in a separate column in the annual tax rolls. The
amounts so levied shall be levied and enforced in the same manner
and at the same time as may be provided by law for the collection
and enforcement of Village taxes.
[Adopted 8-8-1983 by L.L. No. 2-1983]
The purpose of this article is to regulate and
control the use of the sanitary sewer system facilities of the Village
of Greene, to regulate the installation of lateral sanitary sewers
and lateral sanitary sewer connections, to provide specifications
for all work pertaining to sewer connections, to regulate private
sewage disposal facilities and, in general, to control and regulate
the disposal of sewage and other wastes within the Village of Greene.
A.
Unless the context specifically indicates otherwise,
the meanings of terms used in this article shall be as follows:
- ACT
- The Federal Clean Water Act, and any amendments and additions thereto.
- ASTM
- The American Society for Testing and Materials.
- BUILDING DRAIN
- 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 wall.
- BUILDING SEWER
- The lateral extending from the building drain to the public sewer or other place of disposal.
- COMBINED SEWER
- A sewer receiving both surface runoff and sewage.
- CONTAMINATION
- An impairment of the quality of the waters of the state by waste to a degree which creates a hazard to the public health through poisoning or through the spread of disease.
- EASEMENT
- An acquired legal right for the specific use of land owned by others.
- GARBAGE
- Solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage, and sale of produce.
- INDUSTRIAL WASTES
- The liquid wastes from industrial manufacturing processes, trade or business as distinct from sanitary sewage.
- NATURAL OUTLET
- Any outlet into a watercourse, pond, ditch, dike, lake or other body of surface or ground water.
- NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION OR NYSDEC
- The New York State Department of Environmental Conservation or other duly authorized official of said Department.
- NPDES
- The National Pollutant Discharge Elimination System permit program, whether administered by the Environmental Protection Agency or by the State Department of Environmental Conservation.
- OWNER
- The person or persons who legally own, lease, or occupy private property with wastewater facilities which discharge or will discharge to the Village wastewater facilities.
- PERSON
- Any individual, firm, company, association, society, corporation, or group.
- POLLUTION
- The man-made or man-induced alteration of the chemical, physical, biological or radiological integrity of water.
- PRETREATMENT
- The reduction of the amount of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, process changes or by other means, except as prohibited by 4O CFR 403.6, General Pretreatment Regulations for Existing and New Sources of Pollution.
- PROPERLY SHREDDED GARBAGE
- The wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch in any dimension.
- PUBLICLY OWNED TREATMENT WORKS (POTW)
- A treatment works as defined by Section 212 of the Act (33 U.S.C. § 1292); includes any sewers that convey wastewater to the "POTW" but does not include pipes, sewers or other conveyances not connected to a facility providing treatment.
- PUBLIC SEWER
- A sewer in which all owners of abutting properties have equal rights, and that is controlled by public authority and is part of the POTW.
- RESIDENTIAL USER
- All premises used only for human residency and which are connected to the wastewater facilities.
- SANITARY SEWER
- A sewer which carries sewage and to which storm-, surface and ground waters are not intentionally admitted.
- SEWAGE
- A combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments.
- SEWAGE TREATMENT PLANT
- Any arrangement of devices and structures used for treating sewage and that are considered part of the POTW.
- SEWAGE WORKS
- All facilities for collecting, pumping, treating, and disposing of sewage and are considered part of the POTW.
- SEWER
- A pipe or conduit for carrying sewage.
- (1) All industries subject to promulgated Categorical Pretreatment Standards [21 primary industries].
- (2) Industries having substantial impact, either singly or in combination with other contributing industries, on the operation of the treatment works.
- (3) Manufacturing industries using, on an annual basis, more than 10,000 pounds and or 1,000 gallons of material containing priority pollutants/substances of concern and discharging a measurable amount of those pollutants to the sewer system from the process using these pollutants.
- (4) Those industries discharging more than 5% of the flow or load carried by the municipal system receiving the waste.
- SLUG
- 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.
- STANDARD METHODS
- The latest edition of Standard Methods for Examination of Water and Wastewater, published by the American Public Health Association, Water Pollution Control Federation and American Water Works Association.
- STATE
- The State of New York.
- STORM DRAIN (SOMETIMES TERMED "STORM SEWER")
- A sewer which carries storm- and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.
- SUPERINTENDENT
- The Sanitary Sewer Superintendent or his authorized deputy, agent or representative.
- UNITED STATES ENVIRONMENTAL PROTECTION AGENCY OR USEPA
- The United States Environmental Protection Agency or, where appropriate, a designation for the Administrator or other duly authorized official of said Agency.
- WATERCOURSE
- A channel in which a flow of water occurs, either continuously or intermittently.
B.
"Shall" is mandatory; "may" is permissive.
A.
The use of the Village of Greene sewer system shall
be a privilege, not a right. Failure to comply with the requirements
of this article may result in the termination of such privilege or
discontinuance of service, in the complete discretion of the Board
of Trustees of the Village of Greene. Such discontinuance of service
may be in addition to the penalties hereinafter provided for.
B.
The Village of Greene assumes no responsibility to
provide sewer service to any building or property which is located
at such a place or elevation as to make such service impractical.
Wherever service can be provided, the basement level of a residence
or building will be served, unless the location and grade of the building
or property is such that service at the basement level is not feasible
or practical from either an economic or an engineering point of view.
In such case, service shall be provided at such level as is feasible.
A.
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 any garbage or other objectionable waste.
B.
It shall be unlawful to discharge to any natural outlet
within the Village Greene any sewage or other pollution, except where
suitable treatment has been provided in accordance with subsequent
provisions of this article.
C.
Except as hereinafter provided, it shall be unlawful
to construct or maintain any privy, privy vault, septic tank, cesspool
or other facilities intended or used for the disposal of sewage.
D.
The owner of all houses, buildings or properties used
for human occupancy, employment, recreation or other purposes situated
within the Village or 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 with the proper public sewer in accordance with
the provisions of this article within 90 days after the date of official
notice to do so.
E.
In any case where the ninety-day time limitation imposes
unusual hardship, the Board of Trustees may grant an extension based
upon the merits of the individual case as set forth in a written application.
If any owner shall fail to comply with the requirements of this section,
the Village, at its option, may install the required connection and
assess the cost thereof against the affected property as provided
in § 14-1438 of the Village Law.
A.
Where no public facility is available, and until one
becomes available, the owner shall operate and maintain the private
sewage disposal facilities in a sanitary manner at all times at no
expense to the Village.
B.
Notwithstanding the provisions of § 90-6 alone, the owner of all houses, buildings, etc., where public facilities are not available may maintain a private sewage disposal system in connection with said building, provided that such private facilities comply with the provisions of this section.
C.
Before commencement of construction of any private
sewage disposal system, the owner of the property shall first obtain
a written permit from the Superintendent. The application for such
permit which the applicant shall submit shall be supplemented with
any plans, specifications and other information as may be requested
by the Superintendent. A fee for such inspection and permit shall
be paid to the Village when the application is filed, the amount thereof
to be determined by rule or regulation adopted by the Board of Trustees.
D.
The owner or his agent or the lessee or tenant who
shall be in responsible charge of any dwelling, school, institution
or premises for which a preliminary approval has been obtained shall
have the system, when completed, left uncovered for inspection by
a representative of the Board of Trustees who shall make final inspection
and give final approval before backfilling and covering is carried
out. If backfilling has been completed before final inspection, the
owner or his agent will be required to have the work uncovered to
permit such inspection.
E.
The type, capacities, location and layout of a private
sewage disposal system shall comply with all recommendations of the
New York State Department of Public Health and the local health officer.
No septic tank or cesspool shall be permitted to discharge to any
natural outlet.
F.
A copy of the certificate of approval shall be furnished
to the owner or his agent by the Superintendent.
G.
The owner shall operate and maintain the private sewage
disposal facilities in a sanitary manner at all times, at no expense
to the Village.
H.
Nothing contained in this section shall be construed
to interfere with or to limit any additional requirements which may
be imposed by the local health officer.
A.
No unauthorized person shall uncover, make any connections
with or opening into, alter or disturb any public sewer or appurtenance
thereof without first obtaining a written permit from the Superintendent.
B.
No person, firm or corporation shall make an excavation
in a public street or in an easement or right-of-way owned by the
Village of Greene for the purpose of connecting a lateral sanitary
sewer with a public sewer line, and no person, firm or corporation
shall connect a lateral sanitary sewer with a public sewer line without
first having applied for and received a permit from the Superintendent
allowing such excavation and/or connection at the place indicated
on the permit. All permits shall be issued to the owners of the premises
who shall be responsible for compliance with this article. All such
connections and/or excavations shall be made in conformity with this
article and under the supervision of the Superintendent.
C.
All costs and expenses incidental 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.
D.
A separate and independent building sewer shall be
provided for every building; except where one building 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, the building sewer from the front building
may be extended to the rear building and the whole considered as one
building sewer.
E.
The size, slope, alignment and materials used in the
construction of a building sewer shall be as follows:
(1)
Size. All residential building sewers shall be constructed
of a minimum four-inch diameter pipe. Minimum sizes for commercial
and industrial buildings shall be four inches in diameter or of a
size necessary to accommodate peak sewage flows which may occur.
(2)
Slope. All building sewers shall be laid on a uniform
ascending grade from the public sewer. The following grades shall
be, considered the minimum and the maximum grade:
|
Size
(inches)
|
Minimum Grade
(percent)
|
Maximum Grade
(percent)
|
|---|---|---|
|
4
|
2
|
20
|
|
6
|
1
|
12
|
|
8
|
0.4
|
91
|
(3)
Alignment. All buildings sewers shall be laid on as
straight a line as possible from the public sewer to the building.
Where bends are necessary, a cleanout shall be provided at all bends
greater than 1/8 [45°]. If a long sweep bend is used in a building
sewer line, a cleanout is not necessary. Not more than one such bend
shall be allowed in a sewer line.
(4)
Materials. All building sewers shall be constructed
of the following materials:
(a)
Clay. Extra-strength vitrified clay pipe meeting
the provisions of ASTM Specification C-278.
(b)
Cast iron. Standard weight cast-iron soil pipe
meeting the provisions of ASTM Specification A-474.
(c)
Asbestos-cement pipe. Extra-strength asbestos-cement
sewer pipe meeting ASTM Specification C-428.
(d)
Polyvinyl chloride (PVC) nonpressure sewer pipe
and fittings meeting the provisions of ASTM Specification D-3034 or
F-679, and shall be SDR-35 or Schedule 40.
(5)
Pipe joints and joints on clay pipe shall conform
to ASTM Specification C-425, Type 3. Cast-iron pipe shall have jute
and lead or leadite joints or approved mechanical joint. All joints
for PVC sewer pipe shall conform to ASTM Specification D-3212 and
shall be joined in accordance to the manufacturer's recommendations.
(6)
Building entrance. Through the foundation wall there
shall be a minimum four-inch diameter standard weight cast-iron soil
pipe or four-inch diameter PVC pipe (SDR-35 or Schedule 40) in a cast-iron
(or equivalent) sleeve through the foundation wall. Immediately inside
the building there shall be provided a four-inch cleanout. In no instance
shall there be any connections to the building sewer on the outside
of the building.
F.
Basement facilities will be connected only at the
owner's risk, and in all such cases, a backwater valve will be installed.
In all buildings in which any building drain is too low to permit
gravity flow to the public sewer, sewage carried by such building
drain shall be lifted by an approved means and discharged to the building
sewer.
G.
No connections of roof downspouts, exterior foundation
drains, areaway drains, sump pumps or other sources of surface runoff
or groundwater to a building drain or building sewer which in turn
is connected directly or indirectly to a public sewer shall be permitted.
H.
The connection of the lateral sanitary sewer with
the public sewer line shall be made at the Y or lateral provided for
that purpose. This connection shall not be made at any other point
without special permission from the Superintendent. All connections
shall conform to appropriate specifications as may be established
by the Village of Greene. All such connections shall be gastight and
watertight. Any deviation from the prescribed procedures and materials
must be approved by the Superintendent before installation.
I.
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. The connection shall be made under
the supervision of the Superintendent or his representative.
J.
Where the building sanitary sewer is to be laid in
an earth bed, the excavation of the trench shall be cut to the finished
grade. The bed shall be free of stones and unstable materials and
low spots filled with select earth tamped into place. If the foundation
material cannot be manipulated to form a suitable bed for the pipe,
it shall be removed and a bed of sand or gravel tamped into its place.
The trench for house connection shall be opened to its full length
before any pipe is laid therein. On approval of the Superintendent,
the trench may be backfilled partially and filled before it is opened
to its full length.
K.
Whenever it is necessary to leave a connection before
it is completed, the end of the pipeline must be securely closed with
a tight-fitting cover or plug. Any earth or other material entering
the trunk sewer line through the open end of any lateral sanitary
sewer shall be removed at the owner's expense. No tunneling will be
allowed except where permission is obtained from the Superintendent,
in which case it shall be done under his supervision and in accordance
with his directions. All trenches must be properly protected by sufficient
sheathing and bracing where necessary. The earth fill over and around
sewer pipes up to a depth of one foot over the pipes must be carefully
selected and free from large stones. Thereafter, the trench may be
filled and the surface of each trench shall be finished off in a smooth
and workmanlike manner. All settlement occurring after the trenches
have been refilled must be filled in by the owner or his agent. Upon
failure to do so, the refilling may be done under the direction of
the Superintendent and/or the Village Street Superintendent and the
cost of such work charged against the property owner.
L.
All excavations for building sewer installation shall
be adequately guarded with barricades and lights so as to protect
the public from hazards. Streets, sidewalks, parkways, and other public
property disturbed in the course of the work shall be restored in
a manner satisfactory to the Village Highway Department.
A.
No person shall discharge or cause to be discharged
any stormwater, surface water, groundwater, roof runoff, subsurface
drainage or any other unpolluted water, including noncontact cooling
water, to any sanitary sewer.
B.
Stormwater and all other unpolluted drainage shall
be discharged to such sewers as are specifically designated storm
sewers or to a natural outlet approved by the Superintendent. Industrial
noncontact cooling water or other unpolluted 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:
(1)
Any gasoline, benzene, naphtha, fuel oil or other
flammable or explosive liquid, solids 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 humans
or animals, to create a public nuisance or to create any hazards in
the receiving waters of the sewage treatment plant.
(3)
Any waters or wastes having a pH lower than five point
five 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
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, tar, 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.
(5)
Any waste which constitutes a rate of discharge or
substantial deviation from normal rates of discharge ("slug discharge")
sufficient to cause interference in the operation and performance
of wastewater facilities.
D.
No person shall discharge or cause to be discharged
any 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 or have an adverse
effect on the receiving stream or can otherwise endanger life, limb,
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 and other pertinent factors. This would
include, but not be limited to, the following substances:
(1)
Any liquid or vapor containing heat in amounts which
will accelerate the biodegradation of wastes, causing the formation
of excessive amounts of hydrogen sulfide in the wastewater sewer or
inhibiting biological activity in the wastewater treatment facilities,
but in no case shall the discharge of heat cause the temperature in
the Village wastewater sewer to exceed 65.5° C. (150° F.)
or the temperature of the influent to the treatment facilities to
exceed 40° C. (104° F.).
(2)
Any water or waste containing fats, wax, grease or
oils, whether emulsified or not, in excess of 100 milligrams per liter
or containing substances which may solidify or become viscous at temperatures
between 32° 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 3/4 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, cadmium,
nickel, lead, cyanide, phosphorus or similar objectionable or toxic
substances or wastes exerting an excessive chlorine demand to such
degree that any such material received in the composite sewage at
the sewage treatment works exceeds the limits established by the Superintendent
for such materials.
[Amended 1-8-2018 by L.L.
No. 1-2018]
(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 the
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 a pH in excess of nine
point five.
(9)
Materials which exert or cause:
(a)
Unusual concentrations of inert suspended solid
(such as but not limited to fuller's earth, lime slurries and lime
residues) or dissolved solids (such as but not limited to sodium chloride
and sodium sulfate).[1]
(b)
Excessive discoloration (such as but not limited
to dye wastes and vegetable tanning solutions).
(c)
Unusual biochemical oxygen demand (BOD), chemical
oxygen demand or chlorine demand in such quantities as to constitute
a significant load on the sewage treatment works.
(10)
Waters or wastes containing substances which are not
amenable to treatment or reduction by the sewage treatment process
employed or which are amenable to treatment only to such degree that
the sewage treatment plant effluent cannot meet the requirements of
the NPDES permit program or of the state, federal or 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, or 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 or which are regulated by the Act, the Superintendent may take any or all of the following actions:
F.
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, local laws,
regulations and the Act.
G.
In instances where the Superintendent requires control
or pretreatment of waters or wastes discharged to public sewers, the
owner and the Village shall enter into a written agreement stipulating
the terms and conditions of said discharges. Such agreements may be
required for all significant industrial users. The Village may revoke
or annul such agreements if a violation of any provision of this article
is found to exist or if a discharge of wastewater causes or threatens
to cause a condition of contamination or pollution as defined in this
article.
H.
Grease, oil and sand interceptors shall be provided
when, in the opinion of the Superintendent, they are necessary for
the proper handling of wastes, sand or other harmful ingredients;
except that such interceptors shall not be required for residential
users. 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.
I.
Where preliminary treatment or flow equalizing facilities
are provided for any waters or wastes, they shall be maintained continuously
in satisfactory and effective operation by the owner at his expense.
J.
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 manholes,
when required, shall be accessible and safely located and shall be
constructed in accordance with plans approved by the Superintendent.
The manhole shall be constructed in accordance with 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.
K.
All definitions, measurements, tests and analyses
of the characteristics of water and wastes to which reference is made
in this article shall be determined or shall be in accordance with
Standard Methods or other references as may be approved by the Village.
The location and method of obtaining samples for testing shall be
as determined by the Village Superintendent.
L.
No statement contained in this section 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.
M.
An industrial user shall notify the Village immediately
upon accidentally discharging wastes in violation of this article.
This notification shall be followed, within 15 days of the date of
occurrence, by a detailed written statement describing the causes
of the accidental discharge and the measures being taken to prevent
future occurrence. Such notification will not relieve users of liability
for any expense, loss or damage to the sewer system, treatment plant
or treatment process or for any fines imposed on the Village under
applicable state and federal regulations. A notice shall be furnished
and permanently posted on the industrial user's bulletin board advising
employees whom to call in case of an accidental discharge in violation
of this article. Also, copies of this article are to be made available
to the user's employees.
N.
The Village is also authorized to issue an order to
cease and desist and direct those persons not complying with such
prohibitions, limits, requirements or provisions of the article or
the wastewater discharge permit to:
No person shall maliciously, willfully or negligently
break, damage, destroy, uncover, deface or tamper with any structure,
appurtenance, or equipment which is a part of the POTW. Any person
who knowingly makes any false statement, representation, record, report,
plan or other documentation filed with the municipality or who falsifies,
tampers with or knowingly renders inaccurate any monitoring device
or method required under this article shall be punished by the Village.
A.
Duly authorized employees of the Village and representatives
of NYSDEC and USEPA bearing proper credentials and identification
shall be permitted to enter all properties for the purposes of inspection,
observation, measurement, sampling and testing, in accordance with
the provisions of this article. 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.
While performing the necessary work on private properties referred to in Subsection A above, the Superintendent or duly authorized employees of the Village and NYSDEC and USEPA shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the Village employees, and the Village shall indemnify the company against loss or damage to its property by Village employees and against liability claims and demands for personal injury or property damage asserted against the company during the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in § 90-9J.
C.
The Superintendent and other duly authorized employees
of the Village and representatives of NYSDEC and USEPA bearing proper
credentials and identification shall be permitted to enter all private
properties through which the Village holds a duly negotiated easement
for the purposes of, but not limited to, inspection, observation,
measurement, sampling, repair and maintenance of any portion of the
POTW 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.
Any person violating the provisions of § 90-10 above shall be liable to prosecution under appropriate provisions of the Penal Law. Any person found to be violating any other provision of this article shall be served with written notice stating the nature of the violation and specifying a reasonable time for the satisfactory correction thereof, which time limit shall in no event be longer than 90 days. The offender shall, within the period of time specified, permanently cease all violations.
B.
Any person who shall continue any violation beyond the time limit specified in the notice referred to in Subsection A above shall be guilty of a violation, as that term is defined in the Penal Law of the State of New York, and shall be subject to a fine not to exceed $250 for each violation. Each day during which any such violation shall continue shall be deemed to be a separate offense.
C.
Any person violating any of the provisions of this
article shall be liable to the Village for any expense, loss or damage
caused the Village by reason of such violation, and the amount thereof
may be recovered by the Village in appropriate civil proceedings.
