[HISTORY: Adopted by the Board of Trustees
of the Village of Fairport 8-3-1959 (Ch. 40 of the 1968 Code). Amendments noted where applicable.]
A.Â
BOD (denoting biochemical oxygen demand)
BUILDING DRAIN
BUILDING SEWER
DPW FOREMAN
GARBAGE
INDUSTRIAL WASTES
NATURAL OUTLET
PERSON
pH
PROPERLY SHREDDED GARBAGE
PUBLIC SEWER
SANITARY SEWER
SEWAGE
SEWAGE TREATMENT PLANT
SEWAGE WORKS
SEWER
STORM SEWER or STORM DRAIN
SUSPENDED SOLIDS
WATERCOURSE
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 parts per million by weight.
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.
The Department of Public Works Foreman of the Village of
Fairport, or his authorized deputy, agent or representative.
Solid wastes from the preparation, cooking and dispensing
of food, and from the handling, storage and sale of produce.
The liquid wastes from industrial processes as distinct from
sanitary sewage.
Any outlet into a watercourse, pond, ditch, lake or other
body of surface water or groundwater.
Any individual, firm, company, association, society, corporation
or group.
The logarithm of the reciprocal of the weight of hydrogen
ions in grams per liter of solution.
The wastes from the preparation, cooking and dispensing of
food that have been shredded to such degree that all particles will
be carried freely under the flow conditions normally prevailing in
public sewers, with no particle greater than 1/2 inch in any dimension.
A sewer in which all owners of abutting properties have equal
rights, and is controlled by public authority.
A sewer which carries sewage and to which stormwater, surface
water and groundwater are not intentionally admitted.
A combination of the water-carried wastes from residences,
business buildings, institutions and industrial establishments, together
with such groundwater, surface water and stormwater as may be present.
Any arrangement of devices and structures for treating sewage.
All facilities for collecting, pumping, treating and disposing
of sewage.
A pipe or conduit for carrying sewage.
A sewer which carries stormwater and surface water and drainage,
but excludes sewage and polluted industrial wastes.
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.
A channel in which a flow of water occurs, either continuously
or intermittently.
B.Â
Shall is
mandatory; may is permissive.
A.Â
It shall be unlawful for any person to place, deposit
or permit to be deposited in an insanitary manner upon public or private
property within the Village of Fairport or in any area under the jurisdiction
of said Village, any human or animal excrement, garbage, or other
objectionable waste.
B.Â
It shall be unlawful to discharge to any natural outlet
within the Village of Fairport or in any area under the jurisdiction
of said 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.
C.Â
Except as hereinafter provided, it shall be unlawful
to construct or maintain any privy, privy vault, septic tank, cesspool
or other facility intended or used for disposal of sewage.
D.Â
The owner of all houses, buildings or properties used
for human occupancy, employment, recreation or other purpose, situated
within the Village of Fairport and abutting on any street 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 chapter, within 90 days after date of official notice to do
so, provided that said public sewer is accessible and available.
A.Â
Where a public sanitary or combined sewer is not available under the provisions of § 400-2D, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this chapter.
B.Â
Before commencement of construction of a private sewage
disposal system, the owner shall first obtain a written permit signed
by the DPW Foreman. The application for such permit shall be made
on a form furnished by the Village, which the applicant shall supplement
by any plans, specifications and other information as are deemed necessary
by the DPW Foreman. A permit and inspection fee, as set forth in the
fee schedule adopted by resolution by the Board of Trustees of the
Village of Fairport, shall be paid to the Village Treasurer at the
time the application is filed.[1]
[Amended 6-12-1995 by L.L. No. 2-1995]
[1]
Editor's Note: The fee schedule is on file in the office of
the Village Clerk.
C.Â
A permit for a private sewage disposal system shall
not become effective until the installation is completed to the satisfaction
of the DPW Foreman. He shall be allowed to inspect the work at all
stages of construction, and in any event the applicant for the permit
shall notify the DPW Foreman when the work is ready for final inspection
and before any underground portions are covered. The inspection shall
be within 72 hours of the receipt of notice by the DPW Foreman.
D.Â
The type, capacities, location and layout of private
sewage disposal system shall comply with all recommendations of the
Monroe County Health Department. No permit shall be issued for any
private sewage disposal system employing subsurface soil absorption
facilities where the area of the lot is less than 15,000 square feet.
No septic tank or cesspool shall be permitted to discharge to any
public sewer or natural outlet.
E.Â
At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in § 400-2D, a direct connection shall be made to the public sewer in compliance with this chapter, and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned and filled with suitable material.
F.Â
The owner shall operate and maintain the private sewage
disposal facilities in a sanitary manner at all times, at no expense
to the Village.
G.Â
No statement contained in this section shall be construed
to interfere with any additional requirements that may be imposed
by the Health Officer.
[Amended 7-12-1976 by L.L. No. 6-1976; 8-11-1986 by L.L. No. 2-1986; 6-12-1995 by L.L. No. 2-1995; 6-14-2021 by L.L. No. 2-2021]
A.Â
No unauthorized 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 DPW Foreman.
B.Â
There shall be two classes of building sewer permits,
one class for residential and commercial service and another class
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 DPW Foreman. A permit and inspection fee, as
set forth in the fee schedule adopted by resolution by the Board of
Trustees of the Village of Fairport, for a one-family or two-family
dwelling and for a multifamily dwelling, commercial or industrial
shall be paid to the Village Treasurer at the time the application
is filed.[1]
[1]
Editor's Note: The fee schedule is on file in the office of
the Village Clerk.
C.Â
All costs and expenses incident to the initial installation
and connection of the private sewer lateral to the public sewer main
are the responsibility of the private property owner. The future repair
and replacement of the private sewer lateral shall be borne by the
property owner except as identified and explicitly stated in the Village
of Fairport Right-of-Way Sanitary Sewer Repair Policy. The official
policy shall be amended as determined necessary by motion or resolution
of the Village Board. The official policy shall be recorded and maintained
in the Clerk-Treasurer's Office. 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.Â
A separate and independent building sewer shall be
provided for every building, except that 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.Â
Old building sewers may be used in connection with
new buildings only when they are found, on examination and test by
the DPW Foreman, to meet all the requirements of this chapter.
F.Â
The building sewer shall be of extra-heavy cast-iron
soil pipe, ASTM Specification A74, or its equal, with lead joints.
G.Â
The size and slope of the building sewer shall be
subject to the approval of the DPW Foreman, but in no event shall
the diameter be less than four inches. The slope of such six-inch
pipe shall be not less than 1/4 inch per foot.
H.Â
Whenever 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 a uniform grade and in straight alignment insofar as possible.
Changes in direction shall be made only with properly curved pipes
and fittings.
I.Â
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 an approved artificial means and
discharged to the building sewer.
J.Â
All excavations required for the installation of a
building sewer shall be open trench work unless otherwise approved
by the DPW Foreman. Pipe laying and backfill shall be performed in
accordance with ASTM Specification C12, except that no backfill shall
be placed until the work has been inspected.
K.Â
All joints and connections shall be made gastight
and watertight. Cast-iron pipe joints shall be firmly packed with
oakum or hemp and filled with molten lead, Federal Specification QQ-L-
156, not less than one inch deep. Lead shall be run in one pouring
and caulked tight. No paint, varnish or other coating shall be permitted
on the jointing material until after the joint has been tested and
approved.
L.Â
The connection of the building sewer into the public
sewer shall be made at the Y-branch if such branch is available at
a suitable location. If the public sewer is 12 inches in diameter
or less and no properly located Y-branch is available, the owner shall
at his expense install a Y-branch in the public sewer at the location
specified by the DPW Foreman. Where the public sewer is greater than
12 inches in diameter and no properly located Y-branch is available,
a neat hole may be cut into the public sewer to receive the building
sewer, with entry in the downstream direction at an angle of about
45°. A forty-five-degree ell may be used to make such connection,
with the spigot end cut so as not to extend past the inner surface
of the public sewer. The invert of the building sewer at the point
of connection shall be at the same or at a higher elevation than the
invert of the public sewer. A smooth, neat joint shall be made, and
the connection made secure and watertight by encasement in concrete.
Special fittings may be used for the connection only when approved
by the DPW Foreman.
M.Â
The applicant for the building sewer permit shall
notify the DPW Foreman when the building sewer is ready for inspection
and connection to the public sewer. The connection shall be made under
the supervision of the DPW Foreman or his representative.
N.Â
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.
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 one year after the adoption of this chapter.
B.Â
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 DPW Foreman. Industrial
cooling water or unpolluted process waters may be discharged, upon
approval of the DPW Foreman, to a storm sewer or natural outlet.
C.Â
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)Â
Any liquid or vapor having a temperature higher than
150º F.
(2)Â
Any water or waste which may contain more than 100
parts per million, by weight, of fat, oil or grease.
(3)Â
Any gasoline, benzene, naphtha, fuel oil or other
flammable or explosive liquid, solid or gas.
(4)Â
Any garbage that has not been properly shredded.
(5)Â
Any ashes, cinders, sand, mud, straw, shavings, metal,
glass, rags, feathers, tar, plastics, wood, paunch 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.
(6)Â
Any waters or waste having a pH lower than 5.5 or
higher than 9.0, or having any other corrosive property capable of
causing damage or hazard to structures, equipment and personnel of
the sewage works.
(7)Â
Any waters or wastes containing a toxic or poisonous
substance in sufficient quantity to injure or interfere with any sewage
treatment process, or which constitute a hazard to humans or animals
or create any hazard in the receiving waters of the sewage treatment
plant.
(8)Â
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.
(9)Â
Any noxious or malodorous gas or substance capable
of creating a public nuisance.
D.Â
Grease, oil and sand interceptors shall be provided
when, in the opinion of the DPW Foreman, 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 DPW Foreman and shall be located as to be readily
and easily accessible for cleaning and inspection. Grease and oil
interceptors shall be constructed of impervious materials capable
of withstanding abrupt and extreme changes in temperature. They shall
be of substantial construction, watertight and equipped with easily
removable covers which when bolted in place shall be gastight and
watertight.
E.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.
F.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 any quantity of substances having the characteristics described in § 400-5C, or having an average daily flow greater than 2% of the average daily sewage flow of the Village, shall be subject to the review of the DPW Foreman. Where necessary in the opinion of the DPW Foreman, the owner shall provide, at his sole 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 objectionable characteristics or constituents to within the maximum limits provided for in § 400-5C, 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 both the DPW Foreman and the Monroe County Department of Health, and no construction of such facilities shall be commenced until said approvals are obtained in writing.
G.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.
H.Â
When required by the DPW Foreman, 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 DPW Foreman.
The manhole shall be installed by the owner at his sole expense and
shall be maintained by him so as to be safe and accessible at all
times.
I.Â
All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in § 400-5C and F shall be determined in accordance with "Standard Methods for the Examination of Water and Sewage," and shall be determined at the control manhole provided for in § 400-5H or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer from the point where the building sewer is connected.
J.Â
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.
No unauthorized 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 municipal
sewage works. Any person violating this provision shall be subject
to immediate arrest.
The DPW Foreman 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
Any person found to be violating any provision of this chapter except § 400-6 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
Any person who shall continue any violation beyond
the misdemeanor and, upon conviction thereof, shall be fined in an
amount not exceeding $250 or by imprisonment for not more than 15
days, or both, for each violation. Each day in which any such violation
shall continue shall be deemed a separate offense.[1]
C.Â
Any person violating any of the provisions of this
chapter shall become liable to the Village for any expense, loss or
damage occasioned the Village by reason of such violation.
Where sewers are available for connection by
establishments outside the Village, such establishments shall be subject
to all provisions of this chapter and, in addition, shall pay a sewer
rental charge which shall be established by the Board of Trustees
of the Village of Fairport.