[HISTORY: Adopted by the Town Board of the Town of Binghamton 9-7-1976 by L.L. No. 8-1976 as Ch. 26 of the 1969 Code. Amendments noted where applicable.]
The purpose of this chapter is twofold:
To provide for healthy, attractive, soil pollution-free residential neighborhoods in the more densely populated areas of the Town served by public sanitary sewer collecting systems.
To regulate sanitary sewers and to provide specifications for those installations and connections in all sanitary sewer districts and within any extensions thereof in the Town of Binghamton, Broome County, New York.
As used in this chapter, the following terms shall have the meanings indicated:
- The person or persons designated by the Town Board to inspect lateral lines and connections.
- LATERAL SANITARY SEWER
- The conduit pipe conveying sewage from house or building to trunk line in street.
- LATERAL SANITARY SEWER CONNECTION
- The connection of the lateral sanitary sewer to the Y in the trunk line.
- SANITARY SEWER SYSTEM
- The system of sanitary sewers installed or to be installed in any sewer district or extension thereof.
- TRUNK SEWER LINE
- One of the main sanitary trunk sewers located in the public street or in easements owned by said sewer district.
The owner of all houses, buildings or property used for human occupancy, employment, recreation or other purposes situated within the Town and in an existing district or extension thereof, is required to connect the said building to the public sewer collecting system in the street in the manner prescribed by this chapter no later than one year from the day set forth on the notice to do so, unless an agreement has been reached between the Town Board and the property owner permitting the use of the private septic system after due examination and inspection of the said system, the property and the immediate neighborhood. Said agreement shall be in effect only as long as quarterly inspections by the Town personnel or other persons authorized by the Town to make such inspections indicate that the private septic system is functioning properly. Agreements made under this section shall be null and void on change of ownership of the property. Any succeeding property owners shall be required to connect the said building to the public collecting sewer line on the street before occupancy, or unless an extension to do so is granted by the Town after due examination and inspection, but in no event more than six months from the date of the property transfer.
The owner of any house, building or property as described in the preceding subsection which is to be constructed on property within the boundary of any existing sanitary sewer district or extension thereof is required to connect the said building to the public connecting line in the street at the time of construction and before occupancy.
Any existing such building as described in Subsection A of this section, which shall as a result of a newly created sewer district or a sewer district extension be located within the boundary of such district or extension, is required to connect the said building to the collecting facilities in the street within six months of the date of the notice and completion of the construction of the said public collecting system.
In the event that any existing private sewage disposal system on the property within the boundaries of an existing district or extension thereof shall be cited by the Broome County Health Department, then, regardless of any of the provisions of the preceding subsections, said property shall be immediately connected to the public collecting sewer lines in the street.
[Amended 6-20-1989 by L.L. No. 5-1989; 4-15-2003 by L.L. No. 1-2003]
No person, firm or corporation shall make an excavation in a public street or sewer district easement for the purpose of connecting a lateral sanitary sewer with a trunk sewer, and no person, firm or corporation shall connect a lateral sewer line with a trunk line or spur lateral without first having applied for and received a permit from the Building Official, allowing such excavation and allowing said connection to the trunk line at the place indicated on the permit. All permits shall be issued to the owner of the premises who shall be responsible for compliance with this chapter. All such connections shall be made in conformity with this chapter and under the supervision of the Assistant Administrator of Special Districts or a person designated by him. The fee for the permit provided for herein shall be as established by the Town Board.
No groundwaters, stormwaters, subterranean waters, rainwaters or waters from rain spouts, sump pumps, foundation drains, eaves or otherwise shall be drained into any lateral or trunk sanitary sewer line. Sanitary sewer drains located in a basement or cellar may be connected to any lateral or trunk sanitary sewer line if the drainage therein conveyed is solely that of sanitary sewage and/or water coming from the water supply system of the subject premises. Any such sanitary sewer drain shall be properly trapped and the property owner shall be solely responsible for providing adequate protection against backflow and/or back pressure.
Minimum nominal size lateral shall be four inches.
Lateral sanitary sewers shall be constructed of one of the following materials:
Extra-heavy cast-iron soil pipe conforming to ASTM Specification A-74, year of latest revision. Joints shall be of poured lead or rubber ring joints approved by the Inspector.
Extra-strength vitrified clay pipe conforming to ASTM Specification C-700, year of latest revision. Compression ring joints shall conform to ASTM Specification C-425, year of latest revision.
Asbestos cement pipe, Class 2400 minimum, Type II, conforming to ASTM Specification C-644 or C-428, year of latest revision. Rubber ring joints shall conform to ASTM Specification D-1869, year of latest revision. Joint lengths shall be five feet or 6 1/2 feet.
[Amended 12-2-1980 by L.L. No. 5-1980]
Polyvinyl chloride (PVC) pipe. Minimum specifications shall conform to the requirements of ASTM D-3034 PSM-SDR 35, made from PVC compounds, as defined and described in ASTM D-l784, Cell Classification 12454 B. Joints shall be interfral bell and beveled spigot joints sealed with elastomeric gaskets conforming to ASTM D-3212. All ASTM specifications shall be the year of latest revision. Joint length shall be 10 feet or 12 1/2 feet.
[Added 12-2-1980 by L.L. No. 5-1980]
Lubrication, where used, shall be to factory specifications.
Through the building foundation or under the footing, extra-heavy cast-iron pipe shall be used. Manufactured adapters approved by the Inspector shall be used when connecting pipe of different material. Where the piping passes through a foundation or under the footing, it shall be protected by encasing it in a cast-iron or steel pipe sleeve. Sleeves shall be adequately caulked to provide a watertight seal. In all cases, a cleanout shall be provided immediately inside the wall of the building.
[Amended 12-2-1980 by L.L. No. 5-1980]
An additional cleanout shall be installed every 75 feet and brought to grade.
Lateral sanitary sewers shall be installed in a trench separate from all the other utilities. The lateral sanitary sewer should preferably be located at least 10 feet, horizontally, from a water service pipe, but in no case shall it be located closer than five feet. If the lateral sanitary sewer is located less than 10 feet horizontally from the water service, the top of the lateral sanitary sewer shall be located at least 18 inches below the bottom of the water service.
[Amended 12-2-1980 by L.L. No. 5-1980]
The trench for the lateral sanitary sewer shall be opened to its full depth for the entire length before any pipe is laid therein, unless otherwise approved by the Inspector. The bottom of the trench shall be free of large stones and unstable materials. If, in the opinion of the Inspector, the material at the bottom of the trench does not form a suitable foundation to support the pipe, this material shall be removed and replaced with compacted gravel as directed by the Inspector. Prior to placement of the pipe, a minimum depth of four inches of washed, screened pea gravel (1/4 inch to 3/4 inch) shall be placed, graded and compacted the full width of the trench. Following installation of the pipe, the pea gravel shall be extended to cover the lower third of the pipe and compacted. For extra-heavy cast-iron soil-pipe laterals, select material carefully deposited and compacted in six-inch layers, with no stones over three inches in size, shall be extended from the pea gravel to a height of one foot above the top of the pipe. For laterals constructed of other acceptable materials, the pea gravel shall be extended and compacted to a height of one foot above the top of the pipe for the full width of the trench. For laterals larger than six inches in size and constructed of materials other than extra-heavy cast-iron pipe, an angular, crushed stone (1/4 inch to 3/4 inch) shall be used in lieu of the washed, screened pea gravel for the bedding material under and over the pipe.
[Amended 12-2-1980 by L.L. No. 5-1980]
No backfilling shall be done until the work is inspected and approved by the Inspector for the district.
Whenever it is necessary to leave the work, the end of the pipe line shall be securely closed with a tight-fitting cover or plug. Any earth or other material entering the main sewer through the open end of any lateral or pipe shall be removed at the owner's or his agent's expense.
No tunneling will be allowed except where permission is obtained from the Inspector, in which case, his directions must be carefully followed.
All trenches must be properly protected by sufficient sheathing and bracing where necessary. Where pipes pass under the walls of any buildings, there shall be a relieving arch constructed to prevent settlement of the masonry over the pipe.
The owner or his agent shall erect and maintain barricades, lights and other safeguards necessary to effectively prevent injuries to persons.
When a trench passes beneath a pavement, the refilling shall follow the directions of the Town, State or County Superintendent of Highways, whoever has jurisdiction over that pavement. Unless otherwise superseded by their direction, which may require special backfill material and requirements, the following shall govern: From the top of the select gravel or pea gravel bedding, the trench shall be refilled and compacted in one-foot layers with the material previously excavated, except for large stones or that material determined by the Inspector to be unsuitable for backfill. The surface of the trench shall be finished off in a smooth and workmanlike manner. After the trench has been backfilled, any settlement which may occur must be filled in by the owner or his agent. Should he fail to do so, the refilling will be done under the direction of the Town Board and the cost of the work charged to him.
[Amended 12-2-1980 by L.L. No. 5-1980]
The end of each lateral, when the connection to the house is not completed, shall be securely plugged in a manner satisfactory to the Inspector of the district.
All lateral sanitary sewers must be laid straight and true to both grade and alignment. Changes in direction shall be made by using a Y-branch or bends and shall have a grade of not less than 1/4 of an inch per running foot toward the public sewer, unless authorized by the Inspector.
Pipes shall be fitted together and matched so that when laid they will form a sewer with a smooth and uniform invert. All pipes shall be laid with bells uphill, and the interior of the pipes shall be cleared of all dirt and foreign materials as the work progresses.
The lateral sanitary sewer connection at the trunk sewer line shall be made at the Y provided for that purpose. This connection shall not be made at any other point without permission from the Inspector. When a lateral sanitary sewer is constructed of different material than the trunk sewer line, the connection between them shall be made with an adapter, approved by the Inspector, which has been manufactured for connecting different pipe materials to each other.
All soil fittings shall be recessed soil fittings with smooth continuous inner surfaces to the flow of drainage and shall conform in all respects to their respective grades of pipe. Changes in direction of flow shall be made by use of proper fittings. Where required, 1/16 bends shall be placed at least one length apart and 1/8 bends and 1/4 wide sweep bends shall only be used with the permission of the Inspector.
A manufactured adapter, approved by the Inspector, shall be used when connecting different pipe materials to each other.
Where improper installation of laterals from trunk line to property line causes repairs to become necessary or interferes with main sewer lines, proper installation of lateral from trunk line to property line shall be at the expense of the property owner. Proper installations shall be as defined elsewhere in this chapter. This includes securing of all necessary permits for street excavations.
Where a new hookup to a trunk line is to be made at a point where no lateral exists from the trunk line to the property line, installation of this segment of the lateral shall be at the expense of the property owner, and this construction shall meet all applicable standards set forth in this chapter.
[Amended 6-17-2014 by L.L. No. 9-2014]
The expense of any extension and/or connection within any extension to an existing sewer district shall include all the costs and expenses occasioned by reason thereof, including, but not limited to engineering costs, attorney and other legal costs, joint sewage treatment plant costs, expenses and/or credits, Town-employee-related costs, and in addition thereto, such proportion of the cost of any water purification works, pumping station, trunk sewer and sewage disposal and treatment works, including land costs, and all similar such costs, and expenses of the original district, all as the Town Board shall determine. The Town shall require every applicant or developer to pay such reasonable estimate of such costs and expenses in advance of the processing of any formal application for a sewer connection or sewer extension, unless other suitable financial arrangements are made with and approved by the Town Board.
[Amended 6-17-2014 by L.L. No. 9-2014]
Users of sanitary sewers shall not discharge into the same any waste materials which are not allowed to be so discharged by the Binghamton-Johnson City Sewer Use Ordinance as adopted by the City of Binghamton and the Trustees of the Village of Johnson City, including, but not limited to, discharges by or through downspouts, roof leaders, sump pumps, floor drains and any other such connections.
[Amended 7-6-1989 by L.L. No. 7-1989]
No connection to a public collecting sewer line shall be made unless all requirements of this chapter and the pertinent sections of the Town Law are fully complied with. No connection of a property outside a sanitary sewer district or extension thereof shall be made with a public collecting sewer line except and unless authorized by the Town Board. In the event of the inclusion of such property, a charge established by the Town Board for each such connection will be levied against each such property owner to defray legal, engineering and publication costs, if any, and a written agreement will be entered into between the Town and each such property owner specifying the manner in which the connection shall be made with the public sewer collecting system. All expenses of such connection shall be borne by said property owner. The written agreement with the property owner shall, in addition to such other terms and conditions as the Town Board shall require, provide that the property owner agrees that the property will become a part of any sewer district or extension thereof that may be formed in that area.
[Amended 3-18-1980 by L.L. No. 2-1980]
Sewer rates shall be established from time to time by the Town Board. The method of calculating such rates shall be filed with the Town Clerk.
Sewer use bills shall be due and payable to the Water/Sewer Clerk of the Town of Binghamton no later than 30 days from the date of the bill. If such bill is not paid within 30 days of said date, a penalty of 10% shall be added to each such bill, and any such overdue bill together with said penalty not paid by the first day of November of the same year shall be added to the assessment roll.
[Amended 6-17-2014 by L.L. No. 9-2014]
Any person or entity who violates any of the provisions of this chapter, except the sections pertaining to industrial waste discharges, shall, upon conviction, be deemed to have committed an offense against this chapter and shall be punished by a fine not exceeding $250 or a term of imprisonment not exceeding 15 days, or both, and each day on which such violation continues uncorrected shall constitute a separate offense.
[Amended 5-21-1985 by L.L. No. 3-1985; 4-15-2003 by L.L. No. 1-2003]
In addition to the above-provided penalty, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter.
[Added 5-21-1985 by L.L. No. 3-1985]
Applicability. The discharge of industrial wastes into the Town-owned public sewer system shall, in addition to any other requirements of this chapter, be governed by the provisions of this section.
Definitions. As used or referred to in this section, unless a different meaning clearly appears from the context, the following terms shall have the meanings indicated:
- BOARD or JOINT SEWAGE BOARD
- The Binghamton - Johnson City Joint Sewage Board, established under the contract between the City of Binghamton and the Village of Johnson City for the operation of a joint sewage treatment plant. The term includes any duly authorized designee, agent or representative of the Board.
- INDUSTRIAL USER
- Any nonresidential user of the Town-owned public sewer system which is identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented, under one of the following divisions:
- INDUSTRIAL WASTE
- Any discarded matter, including any liquid, gaseous or solid substance, or a combination thereof, resulting from any process of industry, manufacturing, trade or business or from development or recovery of natural resources. The term shall not include garbage.
- INDUSTRIAL WASTEWATER DISCHARGE PERMIT
- A permit issued by the Board, authorizing the user to deposit or discharge industrial wastewater into any Town-owned public sewer served by the Binghamton - Johnson City Joint Sewage Treatment Plant.
- JOINT SEWAGE TREATMENT PLANT or TREATMENT PLANT
- The Binghamton - Johnson City Joint Sewage Treatment Plant. The term includes all intercepting sewers, outfall sewers, sewage collection systems, pumping, power and other equipment and appurtenances under the jurisdiction and control of the Binghamton - Johnson City Joint Sewage Board.
- Any individual, firm, company, partnership, association and private or public and municipal corporations, responsible corporate officer, the United States of America, the State of New York, districts and all political subdivisions, governmental agencies and mandatories thereof.
- The reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater prior to discharge to the Town-owned public sewer system.
- RULES AND REGULATIONS OF THE BOARD
- The rules and regulations relating to the use of the Binghamton Johnson City Joint Sewage Treatment Plant, promulgated by the Binghamton - Johnson City Joint Sewage Board.
- Any person who contributes, causes or permits the contribution of wastewater into the Town-owned public sewer system.
- The water-carried domestic, human or animal waste from residences, buildings, industrial establishments or other places, together with such ground infiltration, industrial and commercial wastes as may be present.
Authority of the Joint Sewage Board.
Notwithstanding any other provisions of law, the admission into the Town-owned public sewers of any industrial wastes shall be subject to the review and approval of the Joint Sewage Board. The Board is hereby granted authority, concurrent with that of the Town, to enforce against any user within the Town all requirements necessary to ensure compliance with the provisions of the rules and regulations of the Board. Nothing contained herein, however, shall be construed as precluding the Town from seeking against any user such remedial action as it deems appropriate for correcting any violation of its local laws, ordinances or regulations governing use of the Town public sewer system.
In exercising its authority over users discharging industrial wastes into the Town public sewer system, the Board may:
Require pretreatment of the user's wastewater to a condition acceptable for discharge to the public sewer.
Require the user to apply for and obtain an industrial wastewater discharge permit as a means of controlling the quantities and rates of discharge.
Require payment by the user to cover any added cost of handling and treating the wastewater not covered by existing fees or charges.
Require the development of compliance schedules by the user to meet any applicable requirements prescribed by the Board's rules and regulations.
Require the user to submit such reports and supplemental information which the Board deems necessary to assure compliance with any applicable requirements prescribed by the Board's rules and regulations.
Carry out all inspection, surveillance and monitoring necessary to ascertain the user's compliance with applicable requirements prescribed by the Board's rules and regulations.
Investigate or make inquiry in a manner to be determined by it, as to any condition within the Town affecting the operation of the joint sewage treatment plant and as to any alleged act or omission or failure to comply with the Board's rules and regulations.
Obtain remedies for noncompliance by any such user as specified in Subsection G of this section.
Reject the user's wastewater, where the Board determines that the wastewater contains substances or possesses characteristics which have a deleterious effect on the sewage treatment plant and its appurtenant facilities, or the processes, equipment or receiving waters of the treatment plant, or which constitute a public nuisance or hazard.
Take such other measures as it deems necessary and proper to ensure compliance with this chapter, with applicable state and federal law and with the rules and regulations of the Board.
Inspections. The Joint Sewage Board and representatives of the Environmental Protection Agency and Department of Environmental Conservation bearing proper credentials and identification shall be permitted to enter all properties at all reasonable times for the purpose of inspection, observation, sampling, flow measurement and testing to ascertain a user's compliance with applicable provisions of federal, state and local law governing use of the Town public sewer system and with the provisions of the rules and regulations of the Board. The Board shall have the right to set up on the user's property such devices as are necessary to conduct sampling or flow measurement. The Board shall additionally have access to and may copy any records the user is required to maintain under the rules and regulations of the Board. Where a user has security measures in force which would require proper identification and clearance before entry into the premises, the user shall make necessary arrangements so that upon presentation of suitable identification, inspecting personnel will be permitted to enter without delay for the purpose of performing their specific responsibilities.
No user discharging or proposing to discharge wastewater into the Town public sewer system shall violate any of the provisions of, or fail to perform any duty imposed by, the rules and regulations of the Board; or any order or determination of the Board promulgated thereunder; or the terms and conditions of any permit issued by the Board.
No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is under the jurisdiction, ownership or control of the Joint Sewage Board.
No person shall tamper with or knowingly render inaccurate any measuring device or mechanism installed pursuant to any requirement under the rules and regulations of the Board.
No person shall knowingly make any false statement in any application, report or other document required to be filed pursuant to any provision of the rules and regulations of the Board.
Industrial waste surcharge. In addition to any other fees, charges, sewer rents or sanitary district taxes provided by law, industrial users shall pay to the Joint Sewage Board an industrial waste surcharge for the privilege of using the joint sewage treatment plant for treating industrial wastes or other special wastes accepted for discharge into the Town public sewer system. The industrial waste surcharge shall be computed and collected by the Board in accordance with its rules and regulations.
Any person who violates any provision of Subsection E above shall be liable to the Board for a civil penalty of not less than $100 and not more than $500 for each violation, to be assessed by the Board after a hearing or opportunity to be heard in accordance with the procedures set forth in the Board's rules and regulations. Each violation shall be a separate and distinct violation, and, in the case of a continuing violation, each day's continuance thereof shall be deemed a separate and distinct violation. Such penalty may be recovered in an action brought by the Board's attorney in any court of competent jurisdiction.
In addition to the power to assess penalties as set forth in Subsection G(1) above, the Board is hereby empowered, following a hearing or opportunity to be heard in accordance with the provisions of its rules and regulations, to issue an order in the name of the Board and of the Town enjoining the violator from continuing the violation. Any such order of the Board shall be enforceable in an action brought by the Board's attorney in any court of competent jurisdiction.
Any civil penalty or final order issued by the Board pursuant to Subsection G(2) may be reviewed in a proceeding brought pursuant to Article 78 of the New York Civil Practice Law and Rules. Application for such review must be made within 30 days after service, in person or by mail, of a copy of the determination or order upon the attorney of record for the applicant and of each person who has filed a notice of appearance or upon the applicant in person if not represented by an attorney.
Any person who willfully violates any provisions of Subsection E above shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished be a fine of not less than $300 nor more than $1,000, or by imprisonment of not more than six months, or by both such fine and imprisonment. Each offense shall be a separate and distinct offense, and in the case of a continuing offense, each day's continuance thereof shall be deemed a separate and distinct offense.
Any person violating any provision of Subsection E above shall, in addition, be liable to the Joint Sewage Board for any expense, loss or damage occasioned to the Board by reason of such violation and any expense incurred in correcting the violation.
The Board's attorney or the Town Attorney, at the request of the Joint Sewage Board, shall have the right to seek equitable relief in the name of the Town to restrain the violation of, or to compel compliance with, any provision of Subsection E above.
Notwithstanding any inconsistent provisions of law, whenever the Board finds, after investigation, that any user within the Town is causing, engaging in or maintaining a condition or activity which, in its judgment, presents an imminent danger to the public health, safety or welfare or to the environment or is likely to result in irrevocable or irreparable damage to the Binghamton - Johnson City Joint Sewage Treatment Plant and it therefore appears to be prejudicial to the public interest to delay action until notice and an opportunity for a hearing can be provided, the Board may, without prior hearing, order such user, by notice in writing, wherever practicable, or in such other form as in the Board's judgment will reasonably notify such person whose practices are intended to be proscribed, to discontinue, abate or alleviate such condition or activity; and thereupon such person shall immediately discontinue, abate or alleviate such condition or activity. In the event of a user's failure to comply voluntarily with such emergency order or where the giving of notice is impracticable, the Board may take all appropriate action, including disconnecting the user's premises from the Town public sewer system in order to abate the violating condition. As promptly as possible thereafter, not to exceed 15 days, the Board shall provide the user an opportunity to be heard in accordance with the provisions of its rules and regulations.
Cooperation of Town officials. Town officers and employees shall cooperate fully with the Board in the Board's enforcement and administration of its rules and regulations within the Town.
The rules and regulations of the Binghamton-Johnson City Joint Sewage Treatment Plant, including penalties, as hereinafter amended and modified, shall be applicable to all properties in the Town.