[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:
A.
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.
B.
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.
The conduit pipe conveying sewage from house or building
to trunk line in street.
The connection of the lateral sanitary sewer to the Y in
the trunk line.
The system of sanitary sewers installed or to be installed
in any sewer district or extension thereof.
One of the main sanitary trunk sewers located in the public
street or in easements owned by said sewer district.
A.
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.
B.
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.
C.
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.
D.
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.
A.
Minimum nominal size lateral shall be four inches.
B.
Lateral sanitary sewers shall be constructed of one
of the following materials:
(1)
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.
(2)
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.
(3)
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]
(4)
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]
C.
Lubrication, where used, shall be to factory specifications.
D.
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]
E.
An additional cleanout shall be installed every 75
feet and brought to grade.
A.
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]
B.
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]
C.
No backfilling shall be done until the work is inspected
and approved by the Inspector for the district.
A.
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.
B.
No tunneling will be allowed except where permission
is obtained from the Inspector, in which case, his directions must
be carefully followed.
C.
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.
D.
The owner or his agent shall erect and maintain barricades,
lights and other safeguards necessary to effectively prevent injuries
to persons.
E.
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.
A.
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.
B.
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.
A.
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.
B.
A manufactured adapter, approved by the Inspector,
shall be used when connecting different pipe materials to each other.
A.
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.
B.
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]
A.
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.
B.
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]
A.
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]
B.
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]
A.
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.
B.
BOARD or JOINT SEWAGE BOARD
INDUSTRIAL USER
INDUSTRIAL WASTE
INDUSTRIAL WASTEWATER DISCHARGE PERMIT
JOINT SEWAGE TREATMENT PLANT or TREATMENT PLANT
PERSON
PRETREATMENT
RULES AND REGULATIONS OF THE BOARD
USER
WASTEWATER
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:
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.
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:
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.
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.
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.
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.
C.
Authority of the Joint Sewage Board.
(1)
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.
(2)
In exercising its authority over users discharging
industrial wastes into the Town public sewer system, the Board may:
(a)
Require pretreatment of the user's wastewater
to a condition acceptable for discharge to the public sewer.
(b)
Require the user to apply for and obtain an
industrial wastewater discharge permit as a means of controlling the
quantities and rates of discharge.
(c)
Require payment by the user to cover any added
cost of handling and treating the wastewater not covered by existing
fees or charges.
(d)
Require the development of compliance schedules
by the user to meet any applicable requirements prescribed by the
Board's rules and regulations.
(e)
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.
(f)
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.
(g)
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.
(h)
Obtain remedies for noncompliance by any such user as specified in Subsection G of this section.
(i)
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.
(j)
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.
D.
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.
E.
Violations.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
F.
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.
G.
Enforcement; penalties.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
H.
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.
