Town of Wheatfield, NY Article IV Regulations

§ 146-7 Use of public sewers; notice to connect.

A. 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 Town or in any area under the jurisdiction of said Town any human excrement, garbage or other objectionable waste.

B. Unless specifically allowed by written permit of the Town Board, there shall be no deposit, spreading, filling or storage in any manner of organic chemicals or industrial chemical material within the Town. This shall include sludges and other sewage plant by-products. This shall not be construed to apply to farm animal manure and its utilization or the use of NYSDEC- and USEPA-approved farm chemicals.

C. It shall be unlawful, when sewer and/or treatment facilities are available, to discharge to any natural outlet within the Town or in any area under the jurisdiction of said Town any sanitary sewage, industrial wastes or other polluted waters unless specifically permitted by the Town or by Town rules and regulations, Niagara County Health Department, and except where a federal National Pollutant Discharge Elimination Systems (NPDES) permit has been duly issued and is currently valid for such discharge. A valid copy of such a permit and any modifications thereof must be filed with the Town for an exception under this section of this Part 2.

D. It shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage unless specifically permitted by the Town or as hereinafter provided. If application is made to the Town for a temporary-type toilet facility and if said applicant has heretofore obtained the approval of the Niagara County Health Department, said Town may consent to the usage of the same for a temporary period not to exceed 180 days in an area where public sewers are available.

E. The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purpose situated within the boundaries of the Town or any portion thereof abutting on any street, alley, Town sewer easement or right-of-way in which there is now located a public sanitary sewer is hereby required at the owner's expense to install suitable toilet facilities therein and to connect facilities directly with the proper public sewer in accordance with the provisions of this Part 2 within 90 days after the date of official notice to do so, provided that said public sewer is within 100 feet (30.5 meters) of the property line in residential and commercial areas and within 500 feet (152.4 meters) of the property line in industrial areas unless:

[Amended 2-22-1993 by L.L. No. 3-1993]

(1) The house, building or property is unoccupied or otherwise vacant;

(2) The house or building is 500 feet or more from the Town sewer line;

(3) The owners of the property qualify for a senior citizens property tax exemption, provided that the septic system serving the property is in proper working order;

(4) Title to the property is in legal proceedings; or

(5) A certificate of occupancy has been issued for the property within the five years prior to the issuance of official notice to connect.

F. In the event that the owner is not required to connect to the public sewer within 90 days after official notice to do so as a result of an exemption as set forth in this section, then the owner shall be required to connect to the public sewer within 90 days of any of the following:

[Added 2-22-1993 by L.L. No. 3-1993]

(1) In the event that any unoccupied or otherwise vacant property becomes occupied or is utilized;

(2) In the event that the septic system serving the property ceases to function properly or if the septic system requires replacement or substantial repair as determined by the Niagara County or New York State Health Department;

(3) In the event that the property is sold or title otherwise transferred or conveyed;

(4) In the event that legal proceedings concerning title to the property are resolved; or

(5) In the event of an exemption granted because a certificate of occupancy has been issued within five years prior to the notice to connect; in that event, the owner shall be required to connect with the public sewer within five years after issuance of the certificate of occupancy.

G. The Town Sewer Department shall be responsible for giving the official notice to connect to public sewers to property owners upon acceptance of public sewer lines; official notice shall be given by either certified mail, return receipt requested, or by personal delivery of the official notice to the property owner.

[Added 2-22-1993 by L.L. No. 3-1993]

§ 146-8 Private sewage disposal.

A. Where a public sanitary sewer is not available under the provisions of § 146-7E, the building sewer shall be connected to an approved private sewage disposal system.

B. At such time as a public sewer becomes available to a property serviced by a private sewage disposal system as provided in § 146-7E, a direct connection shall be required to the public sewer in compliance with § 146-7E, and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned for sanitary use unless part of the appropriate system.

C. The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times at no expense to the Town and shall be consistent with provisions of § 146-7E as apply to such private facilities.

D. No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the Niagara County Health Department.

§ 146-9 Building sewers and connections.

A. These regulations shall apply to all sewer connection work to either gravity sewers or low-pressure sewers, including the grinder pump stations hereafter installed in the Town of Wheatfield for the disposal of sanitary sewage and house wastes through the public sewers.

B. The sanitary sewer connection work to the public sewer shall be completed within 90 calendar days after the date of official notice to do so issued by the Town or its authorized representative.

C. The Town may, upon presentation of adequate evidence by the sewer foreman or person in charge of the Town Sewer Department, stop and prevent the discharge into the sewers or grinder pump stations of any substance deemed by them liable to injure the sewers or grinder pump stations or to interfere with their normal operation or to obstruct the flow or to hinder any process of sewage purification.

D. Each building which is served by a public sewer must be connected separately and independently with the public sewer. No multiple connections involving two or more buildings will be permitted except by written approval of the Town.

E. No person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenances thereof without first obtaining a written permit from the Town. No building sewer shall be covered until after it has been inspected and approved by the Town. No public sewer shall be covered until after it has been inspected and approved by the Town.

F. Building permits.

(1) There shall be two classes of building sewer permits:

(a) All purpose: for residential and other buildings.

(b) Industrial: for service to establishments producing industrial wastes as defined by the Environmental Protection Agency.

(2) The owner or owner's agent in Subsection F(1)(a) for all purpose permits shall make application on a special form to the Town in which the owner resides and in Subsection F(1)(b), industrial permits, shall make application to the Town on a special form furnished by the Town. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Town for a residential application. In addition to Town approval, Niagara County Sewer District No. 1 approval shall also be necessary for an industrial-type permit as in Subsection F(1)(b) permit.

G. All costs and expenses incident to the installation, connection and maintenance of the gravity building sewer to the public sewer connection shall be borne by the owner. The owner shall indemnify the Town from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. Where the owner connects to an interceptor sewer or appurtenances, it shall hold the Town harmless and pay for any loss or damage that may directly or indirectly occur as a result of said connection.

H. A separate and independent building sewer shall be provided for every industrial building, and where one residential 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, courtyard or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.

I. Old building sewers may be used in connection with new buildings only when they are found, on examination and testing by the owner, to meet all requirements of this Part 2, including the exclusion of surface water or stormwater, and witnessed by the Town.

J. All residences in existence on the date a contract is awarded for installation of the Town lateral pressure sewer line adjacent to that residence shall have a Town-owned grinder pump installed and maintained by the Town. Installation of all other grinder pumps and their maintenance shall be the sole responsibility of the applicant. House connection from existing plumbing to the grinder pump shall be made by the applicant. The owner of any nonresidential property adjacent to any lateral pressure sewer line shall be responsible for installing the grinder unit to service that property, which installation shall be made within six months after the pressure sewer line is accepted for use by the Niagara County Health Department.

[Amended 8-11-2014 by L.L. No. 5-2014]

K. All connections to grinder pump stations shall be made in accordance with the following specifications and those specifications for Contract X-1, as amended:

(1) Sewer connections shall be laid solidly on a true grade of not less than 1/4 inch per foot. They shall be laid in a straight line. Change in direction, if necessary, shall be made with proper fittings. All pipes shall be clear of dirt or other foreign materials as the work progresses.

(2) The fill over and around the pipe up to a depth of one-foot over the top of the pipe must be carefully selected material free from clay, large stones or debris. It shall be carefully compacted.

(3) Adequate cleanouts shall be installed not over 50 feet apart so that at all times the route of flow can be rodded or cleaned mechanically between the building and the grinder pump unit.

(4) All materials used shall be in accordance with this Part 2 and also Part 1.

[Amended 9-15-2008 by L.L. No. 8-2008]

(5) All work must be inspected by the sewer foreman or authorized representative. No work shall be inspected or approved unless the trench is open for its entire length and all pipe and joints visible. Any trench backfilled before such inspection is made and the work approved shall be reopened for its entire length by the party performing the work. The party performing the work shall notify the sewer foreman, giving at least 24 hours notice in advance of the time when the connection will be laid and ready for inspection.

(6) No connection will be permitted for draining stormwater, roof water, surface water from roads, driveways, lawns, groundwater runoff, subsurface drainage, cooling water, cellar drains including sump pumps or other ponded water. Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated by the Town.

(7) Electrical.

(a) The applicant shall be responsible for the cost of supply, delivery and installation of all electrical parts, materials, labor and equipment required for complete and proper operation for the grinder pump station.

(b) All electrical work, equipment and apparatus provided and installed shall conform to the New York State Uniform Fire Prevention and Building Code[1] or the National Electric Code.

[1] Editor's Note: See Ch. 69, Building Construction and Fire Prevention.

(c) The applicant shall be responsible for the cost of installing and connecting the following electrical equipment for each grinder pump unit installation:

[1] Load center: 120/230 volts, one phase, four pole load center in NEMA 1 surface-mounted enclosure with 20 amperes, two pole breaker for simplex grinder pump units; 30 amperes, two pole breaker for duplex grinder pump units; and 15 amperes, one pole breaker for alarm systems. Load center shall be installed near the existing house panel.

[2] Portable generator connection. Surface-mounted, NEMA 3R enclosure with padlock provisions with twist lock 30A, three pole grounding cable plug and receptacle. The size of the enclosure shall be sufficient to contain a plug and receptacle, fully wired, and to allow removal for disconnection and connection to a portable generator unit. The enclosure shall be sixteen-gauge galvanized steel with grey baked enamel finish. The size shall be eight inches by six inches by four inches minimum. This unit shall be mounted outside the house on the building wall unless otherwise determined by the Town Engineer.

[3] Alarm panel.

[a] The alarm panel shall be a NEMA 1 enclosure with screw retained cover. It shall be complete with control relay, alarm transformer and buzzer.

[b] The alarm buzzer shall be similar to General Electric Catalog No. GE2226-0, except with volume control. The transformer shall be sized for the buzzer and be energy limiting NEC Class 2.

[c] The alarm panel, buzzer, transformer and control relay shall be furnished at the cost of the applicant. The mount buzzer shall be mounted on the face of the alarm panel.

[d] For simplex grinder pump units installed inside, the applicant will be responsible for the cost of providing female twist lock receptacles for pump power, seal failure and over-temperature. These shall be mounted on the side of the alarm panel and wired up complete.

[e] For duplex grinder pump units, the applicant shall be responsible for the cost of installing the complete alarm/control panel.

(d) Wire. The applicant shall be responsible for the cost of all wire and installation. Interior wiring shall be rated 600 volts and may be multiconductor (Romex) or single conductor THWN-rated for wet locations. Wiring shall be VRD-type multiconductor. Alternate exterior: As an alternate, the applicant may install PVC conduit and wire for exterior work. PVC shall be thick-wall approved for use, and wire shall be THWN- or THHN-approved for use.

(e) Installation.

[1] This section shall apply to applicant-owned grinder pumps. The applicant shall be responsible for the cost of all wire, materials, connection, labor, tools, etc., required for the complete electrical work associated with the grinder pump station installations.

[2] For all units, the applicant shall be responsible for the cost of the load center and its installation adjacent to existing house panel and wire from main feed to load center main breaker for electrical supply. The generator connection shall be mounted on the outside of the building where directed. Wiring connections through walls shall be sealed weathertight.

[3] Wiring between pump units with manway and building may be installed direct and buried. Direct buried cable shall be protected with select backfill of sand or screenings free of rocks, sticks, glass, etc., for a minimum of six inches on top and sides and two inches below the wire. The applicant will be responsible for the cost of excavating a trench approximately one-foot wide and two feet deep from finish grade for the installation of direct buried cable, install the cable a minimum of 24 inches below finished grade and provide approved weathertight seal at the entrance to the building. A manway is provided with two-inch conduit HUB for wire entrance. Conduction at this point shall be watertight. Wire runs within buildings shall be concealed in finished areas. In an unfinished basement, wiring may be installed between and/or through joist and be run exposed in a neat manner.

[4] Special care shall be taken in installation and routing of wiring to protect existing conditions and concealed wiring.

[5] Simplex units without manway (inside units) shall be furnished with ten-foot cords with male plugs installed for power and alarm. At the time of installation, the applicant shall, at the applicant's cost, remove plugs and shorten cords to the length required to provide neat installation and reinstall plugs. All simplex units shall be anchored to the floor in accordance with manufacturer's recommendations.

L. The building sewer (gravity) shall be cast-iron soil pipe, ASTM Specification A-74 (latest revision) or equal; asbestos-cement pipe ASTM C-428 (latest revision) for nonpressure pipe or ASTM C-296 (latest revision) for pressure pipe in locations approved by the Town or ASTM Specifications D-3034 (latest revision) for four-inch or six-inch plastic vinyl chloride (PVC) pipe; or other suitable material approved by the Town. Joints shall meet or exceed the requirements for compression-type joints as set forth in ASTM Specification C-425 (latest revision), and PVC joint shall be bell and spigot joints and be at least Schedule R 35 or glue joints with Schedule 40, ASTM 1784. No Schedule R 35 pipe shall be allowed inside a structure.

M. All connections to gravity sewers shall be made in accordance with the following specifications:

(1) All materials used shall be in accordance with this Part 2 and Part 1.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(2) Cast-iron pipe with leaded joints may be required by the Town 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 Town.

(3) Infiltration of groundwater into any sewer shall not exceed 100 gallons per inch diameter per mile of sewer per day. The Town may require infiltration tests on any sewer.

(4) PVC pipe shall be laid on four inches of No. 1 stone or equal, shall not be blocked and shall be covered with four inches of No. 1 stone or equal. The owner shall install a cleanout of not less than four inches in diameter at the lot line.

(5) The size, slope, alignment, materials of construction of a building sewer (gravity) and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench shall all conform to the requirements of Part 1 or other rules and regulations of the Town as applicable, but in no event shall the diameter be less than four inches. The slope of such four-inch pipe shall be not less than 1/8 inch per foot, unless otherwise permitted. In the absence of code provisions 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.[3]

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(6) Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor.

(7) No building sewer (gravity) 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. The line shall be straight. There shall be no changes in direction greater than 45° and there shall be cleanouts provided, accessible for cleaning, or manhole when approved by the Town.

N. In all buildings in which any building drain does not utilize gravity flow to the public sewer, sanitary sewage carried by such drain shall be lifted by grinder pump stations approved by the Town and discharged to the pressure line. In such cases, the pressure lines shall not be less than 1 1/2 inch in diameter and comply with polyethylene tubing SDR No. 9. All portions of the sewage conveying system (grinder pump stations, pressure lines, valves and appurtenances) shall be maintained and operated by the Town for Town-owned pressure lines and grinder units only.

O. The connection of the building sewer, gravity or pressure into the public sewer shall conform to the requirements of Part 1 or other applicable rules and regulations of the Niagara County Sewer District, Chapter 69, Building Construction and Fire Prevention, this Part 2 and/or the procedures set forth in appropriate specifications of the ASTM and the Water Pollution Control Federation Manual of Practice No. 9. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the Town.[4]

[4] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

P. No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, footing drains, floor drains or other exterior sources of surface runoff, groundwater or inflow to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.

Q. The applicant for the building sewer permit shall notify the Town when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Town.

R. All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Town.

S. All building sewers and drains shall be separated from potable house water connections by impervious soil layers measuring 1.5 feet clear out to out in a vertical direction when the waterline is benched on undisturbed soil or as required by the Niagara County Health Department, the New York State Health Department and/or Chapter 69, Building Construction and Fire Prevention.