Town of Walworth, NY
Wayne County
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Table of Contents
Table of Contents
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 Town or in any area under the jurisdiction of said municipality, any human or animal excrement, garbage or objectionable waste, except the spreading of manure as may be permitted by other provisions of the Code of the Town of Walworth.
It shall be unlawful to discharge to any natural outlet, within the Town or in any area under the jurisdiction of said municipality, any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this Part 2.
No property owner, builder or developer shall be issued a building permit for a new dwelling or structure requiring sanitary facilities unless a suitable and approved method of wastewater disposal, conforming to this Part 2, is available. All housing construction or building development which takes place after this Part 2 is enacted shall provide for an approved system of sanitary sewers.
Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, cesspool, septic tank or other facility intended or used for disposal of wastewater.
[Amended 6-21-2012 by L.L. No. 6-2012]
The owner(s) of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the Town, and within the boundaries of a formed sewer district, are hereby required, at the owner’s expense, to install suitable sanitary facilities therein and to connect such facilities directly to public sewers, in accordance with provisions of the New York State Department of Health Rules and Regulations and this Part 2, before a certificate of occupancy may be issued, or within 90 days of official notice from the Town Board of the Town of Walworth to do so.
The use of the Town's public sewers shall be strictly limited and restricted, except as provided in § 139-20, to receive and accept the discharge of sewage and other wastes, including industrial wastes, generated on or discharged from real property within the bounds of the service area of the POTW.
[Amended 6-21-2012 by L.L. No. 6-2012]
The Town Board, on the recommendation of the superintendent, shall have the authority to enter into agreements to accept sewage and other wastes, including industrial wastes, generated by or discharged from persons outside the service area of the POTW.
A. 
If the person is a municipality, that municipality shall have enacted a sewer use law as restrictive on the discharge of sewage and other wastes as the restrictions contained in this Part 2.
B. 
If the person is not a municipality, the discharge shall be made only with the expressed written consent of the Superintendent (the issuance of a permit) setting forth the terms and conditions of such discharge.
C. 
Any person(s) owning property in the Town of Walworth not within the boundaries of a formed sewer district wishing to connect to public sewers may petition the Town Board requesting approval. The petition shall include, in such detail as needed for review and approval by the Town Engineer, Sewer Superintendent, Building Department and any other person(s) included in the review process, a complete engineered proposal using the guidelines and regulations for the development of property within the Town of Walworth. Any and all costs for design, permits, installation and all other associated costs shall be at the expense of the petitioning property owner(s). It shall be the responsibility of the property owner(s) benefiting from the connection to public sewers to maintain, repair, and replace, as required, any equipment and/or materials as needed to allow uninterrupted and continued use of the connection to the public sewer. All such out-of-district users will be billed as such, at a minimum of the then-current sewer rate, and an additional out-of-district surcharge, as set by resolution of the Town Board. If the serviced area is also out of a water district, prohibiting the sewer charge being based on water consumption as set forth in the Walworth Town Code § 139-3, an agreed upon fee schedule will be determined by the Sewer Superintendent and approved by the Town Board.
At the recommendation of the Superintendent, who determines that one or more segments of the POTW is exceeding its hydraulic capacity at any time or that any specific purpose of this Part 2 is being violated, the Town Board shall have the authority to limit or deny new connections to the POTW until the conditions leading to the moratorium are corrected. Such correction may be by:
A. 
Construction of new facilities.
B. 
Enlarging existing facilities.
C. 
Correction of inflow and infiltration.
D. 
Cleaning and repairing of existing facilities.
All requirements, directives and orders calling for mandatory use of the sewers, within the service area of the POTW, for the proper discharge of sewage and other wastes, including industrial wastes, shall be established and given by the Town Board, NYSDEC, USEPA and/or other such state or federal agencies which have enforcement powers.
No person shall connect a private sewage system so that sewage flows into a storm sewer or into a drain intended exclusively for stormwater.
No person shall discharge sewage into a well.