[HISTORY: Adopted by the Board of Trustees
of the Village of Athens as indicated in article histories. Amendments
noted where applicable.]
[Adopted 1-30-1970 (Ch. 68, Art. I, of the
1976 Code)]
A.Â
BOD (denoting "biochemical oxygen demand")
BUILDING DRAIN
BUILDING SEWER
COMBINED SEWER
GARBAGE
INDUSTRIAL WASTES
NATURAL OUTLET
PERSON
pH
PROPERLY SHREDDED GARBAGE
PUBLIC SEWER
SANITARY SEWER
SEWAGE
SEWAGE TREATMENT PLANT
SEWAGE WORKS
SEWER
SLUG
STORM DRAIN (sometimes termed "storm sewer")
SUPERINTENDENT
SUSPENDED SOLIDS
VILLAGE
WATERCOURSE
As used in this article, the following terms shall
have the meanings indicated:
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20º C., expressed in milligrams per liter.
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 (1.5 meters) outside the inner face of the building
wall.
The extension from the building drain to the public sewer
or other places of disposal.
A sewer receiving both surface runoff and sewage.
Solid wastes from the domestic and commercial preparation,
cooking and dispensing of food and from the handling, storage and
sale of produce.
The liquid wastes from industrial manufacturing processes,
trade or business as distinct from sanitary sewage.
Any outlet into a watercourse, pond, ditch, lake or other
body of surface or ground water.
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 a 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 (1.27 centimeters)
in any dimension.
A sewer in which all owners of abutting properties have equal
rights and which 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 used for treating
sewage.
All facilities for collecting, pumping, treating and disposing
of sewage.
A pipe or conduit for carrying sewage.
Any discharge of water, sewage or industrial waste which
in concentration of any given constituent or in quantity of flow exceeds
for any period of duration longer than 15 minutes more than five times
the average twenty-four-hour concentration or flows during normal
operation.
A sewer which carries storm and surface waters and drainage
but excludes sewage and industrial wastes, other than unpolluted cooling
water.
The Superintendent of Public Works or Sewers of the Village,
or his authorized deputy, agent or representative.
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.
The incorporated municipal subdivision which shall be represented
by the Village Board of Trustees.
A channel in which a flow of water occurs, either continuously
or intermittently.
B.Â
Word usage. "Shall" is mandatory; "may" is permissive.
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 Village or in any area under the jurisdiction
of the Village any human or animal excrement, garbage or other objectionable
waste.
It shall be unlawful to discharge to any natural
outlet within the Village or in any area under the jurisdiction of
said Village any sewage or other polluted waters except where suitable
treatment has been provided in accordance with subsequent provisions
of this article.
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 the disposal of sewage.
The owner of any house, building, or property
used for human occupancy, employment, recreation or other purposes,
situated within the Village and abutting on any street, alley or right-of-way
in which there is now located or may in the future be located a public
sanitary or combined 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 article within 90 days after date of official
notice to do so, provided that said public sewer is within 120 feet
of the property line. A suitable pump or ejector will be furnished
by the property owner where necessary to overcome adverse conditions
of grade, slope or topography.
A.Â
Private system permitted where public sewer unavailable. Where a public sanitary or combined sewer is not available under the provisions of § 197-5, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this section.
B.Â
Permit required; fee. Before commencement of construction
of a private sewage disposal system, the owner shall first obtain
a written permission signed by the Superintendent and approved by
the Village Board of Trustees. A permit and inspection fee as set
from time to time by the Board of Trustees shall be paid to the Village
at the time the application is filed.[1]
C.Â
Inspection. A permit for a private sewage disposal
system shall not become effective until the installation is completed
to the satisfaction of the Superintendent. He shall be allowed to
inspect the work at any stage of construction, and in any event the
applicant for the permit shall notify the Superintendent when the
work is ready for final inspection and before any underground portions
are covered. The inspection shall be made within 72 hours of the receipt
of notice by the Superintendent.
D.Â
Compliance with state requirements. The type, capacity,
location and layout of a private sewage disposal system shall comply
with all recommendations of the Department of Health of the State
of New York. 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 1,500 square feet. No septic tank or cesspool
shall be permitted to discharge to any natural outlet.
E.Â
Abandonment. At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in § 197-5, a direct connection shall be made to the public sewer in compliance with this article, and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned and filled with suitable material.
F.Â
Operation and maintenance. 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
Additional requirements. No statement contained in
this section shall be construed to interfere with any additional requirements
that may be imposed by the Health Officer of the county or state.
H.Â
Connection to public sewer when available. When a
public sewer becomes available, the building sewer shall be connected
to said sewer within 60 days and the private sewage disposal system
shall be cleaned of sludge and filled with clean bank-run gravel or
dirt.
A.Â
Permit required. 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 Superintendent.
B.Â
Classes of permits; fees. There shall be two classes
of building sewer permits: one for residential and commercial service
and the other 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 Superintendent. A permit
and inspection fee as set forth from time to time by the Board of
Trustees for a residential or commercial building sewer permit and
for an industrial building sewer permit shall be paid to the Village
at the time the application is filed.[1]
C.Â
Costs; indemnification. All costs and expense incident
to the installation and connection of the building sewer shall be
borne by the owner. The owner shall indemnify the Village against
any loss or damage that may directly or indirectly be occasioned by
the installation of the building sewer.
D.Â
Separate connection for each building. A separate
and independent building sewer shall be provided for every building,
except 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 for connection
purposes but as the true number of buildings for billing purposes.
E.Â
Old building sewers. Old building sewers may be used
in connection with new buildings only when they are found, on examination
and test by the Superintendent, to meet all requirements of this article.
F.Â
Compliance of installation with regulations. The size,
slope, alignment, materials of construction of a building sewer 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 the Building and Plumbing Codes[2] or other applicable rules and regulations of the Village.
In the absence of code provisions or in amplification thereof, the
materials and procedures set forth in appropriate specifications of
the ASTM and WPCF Manual of Practice No. 9 shall apply.
G.Â
Elevation of building sewer. Whenever possible, the
building sewer shall be brought to the building at an elevation below
the basement floor. In all buildings in which any building drain is
too low to permit gravity flow to the public sewer, sanitary sewage
carried by such building drain shall be lifted by an approved means
and discharged to the building sewer.
H.Â
Prohibited connections. No person shall make connection
of roof downspouts, exterior foundation drains, areaway drains or
other sources of surface runoff or groundwater to a building sewer
or building drain which in turn is connected directly or indirectly
to a public sanitary sewer.
I.Â
Compliance of connection with regulations. The connection
of the building sewer into the public sewer shall conform to the requirements
of the Building and Plumbing Codes or other applicable rules and regulations
of the Village or the procedures set forth in appropriate specifications
of the ASTM and the WPCF 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 Superintendent before
installation.
J.Â
Inspection of connection. The applicant for the building
sewer permit shall notify the Superintendent when the building sewer
is ready for inspection and connection to the public sewer. The connection
shall be made under the supervision of the Superintendent or his representative.
K.Â
Guarding and restoration of excavations. All excavations
for building sewer installations 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 Village.
A.Â
Certain waters prohibited. No person shall discharge
or cause to be discharged any stormwater, surface water, groundwater,
roof runoff, subsurface drainage, uncontaminated cooling water or
unpolluted industrial process waters to any sanitary sewer.
B.Â
Discharge of stormwater and industrial wastes. Stormwater
and all other unpolluted drainage shall be discharged to such sewers
as are specifically designated as combined sewers or storm sewers
or to a natural outlet approved by the Superintendent. Industrial
cooling water or unpolluted process waters may be discharged, on approval
of the Superintendent, to a storm sewer, combined sewer or natural
outlet.
C.Â
Prohibited discharges. No person shall discharge or
cause to be discharged any of the following-described waters or wastes
to any public sewers:
(1)Â
Any gasoline, benzene, naphtha, fuel oil or other
flammable or explosive liquid, solid or gas.
(2)Â
Any waters or wastes containing toxic or poisonous
solids, liquids or gases in sufficient quantity, either singly or
by interaction with other wastes, to injure or interfere with any
sewage treatment process, constitute a hazard to humans or animals,
create a public nuisance or create any hazard in the receiving waters
of the sewage treatment plant, including but not limited to cyanides
in excess of two mg/l as CN in the wastes as discharged to the public
sewer.
(3)Â
Any water or wastes having a pH lower than 5.5 or
having any other corrosive property capable of causing damage or hazard
to structures, equipment and personnel of the sewage works.
(4)Â
Solid or viscous substances in quantities or of such
size as to be capable of causing obstruction to the flow in sewers
or other interference with the proper operation of the sewage works,
such as but not limited to ashes, cinders, sand, mud, straw, shavings,
metal, glass, rags, feathers, tar, plastics, wood, unground garbage,
whole blood, paunch manure, hair and flashings, entrails and paper
dishes, cups, milk containers, etc., either whole or ground by garbage
grinders.
D.Â
Certain discharges subject to determination of acceptability.
No person shall discharge or cause to be discharged the following-described
substances, materials, waters or wastes if it appears likely in the
opinion of the Superintendent that such wastes can harm either the
sewers, sewage treatment process or equipment, have an adverse effect
on the receiving stream or can otherwise endanger life, limb, public
property or constitute a nuisance. In forming his opinion as to the
acceptability of these wastes, the Superintendent will give consideration
to such factors as the quantities of subject wastes in relation to
flows and velocities in the sewers, materials of construction of the
sewers, nature of the sewage treatment process, capacity of the sewage
treatment plant, degree of treatability of wastes in the sewage treatment
plant and other pertinent factors. The substances prohibited are:
(1)Â
Any liquid or vapor having a temperature higher than
150º F. (65º C.).
(2)Â
Any water or waste containing fats, wax, grease or
oils, whether emulsified or not, in excess of 100 mg/l, or containing
substances which may solidify or become viscous at temperatures between
32º and 150º F. (0º and 65º C.).
(3)Â
Any garbage that has not been properly shredded. The
installation and operation of any garbage grinder equipped with a
motor of 3/4 horsepower (0.76 horsepower metric) or greater shall
be subject to the review and approval of the Superintendent.
(4)Â
Any waters or wastes containing strong acid iron pickling
wastes or concentrated plating solutions whether neutralized or not.
(5)Â
Any waters or wastes containing iron, chromium, copper,
zinc and similar objectionable or toxic substances; or wastes exerting
an excessive chlorine requirement to such degree that any such material
received in the composite sewage at the sewage treatment works exceeds
the limits established by the Superintendent for such materials.
(6)Â
Any waters or wastes containing phenols or other taste-
or odor-producing substances in such concentrations as may exceed
limits which may be established by the Superintendent as necessary,
after treatment of the composite sewage, to meet the requirements
of state, federal or other public agencies of jurisdiction for such
discharge to the receiving waters.
(7)Â
Any radioactive wastes or isotopes of such half-life
or concentration as may exceed limits established by the Superintendent
in compliance with applicable state or federal regulations.
(8)Â
Any waters or wastes having a pH in excess of 9.5.
(9)Â
Materials which exert or cause:
(a)Â
Unusual concentrations of inert suspended solids
(such as but not limited to fuller's earth, lime slurries and lime
residues) or of dissolved solids (such as but not limited to sodium
chloride and sodium sulfate).
(b)Â
Excessive discoloration (such as but not limited
to dye wastes and vegetable tanning solutions).
(c)Â
Unusual BOD, chemical oxygen demand or chlorine
requirements in such quantities as to constitute a significant load
on the sewage treatment works.
(d)Â
Unusual volume of flow or concentration of wastes
constituting slugs, as defined herein.
(10)Â
Water or wastes containing substances which
are not amenable to treatment or reduction by the sewage treatment
processes employed, or are amenable to treatment only to such degree
that the sewage treatment plant effluent cannot meet the requirements
of other agencies having jurisdiction over discharge to the receiving
water.
E.Â
Determination of acceptance or rejection.
(1)Â
If any water or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Subsection D and which in the judgment of the Superintendent may have a deleterious effect upon the sewage works, processes, equipment or receiving water, or which otherwise create a hazard to life or constitute a public nuisance, the Superintendent may:
F.Â
Grease, oil and sand interceptors. Grease, oil and
sand interceptors shall be provided when, in the opinion of the Superintendent,
they are necessary for the proper handling of liquid wastes containing
grease in excessive amounts or any flammable wastes, sand or 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 Superintendent and shall
be located so as to be readily and easily accessible for cleaning
and inspection
G.Â
Maintenance of pretreatment or equalization facilities.
Where preliminary treatment or flow-equalizing 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
Control manholes. When required by the Superintendent,
the owner of any property serviced by a building sewer carrying industrial
wastes shall install a suitable control manhole, together with such
necessary meters and other appurtenances 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 Superintendent.
The manhole shall be installed by the owner at his expense and shall
be maintained by him so as to be safe and accessible at all times.
I.Â
Measurements, test and analyses. All measurements,
tests and analyses of the characteristics of waters and wastes to
which reference is made in this article shall be determined in accordance
with the latest edition of Standard Methods for the Examination of
Water and Wastewater, published by the American Public Health Association,
and shall be determined at the control manhole provided 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 to the point
at which the building sewer is connected. Sampling shall be carried
out by customarily accepted methods to reflect the effect of constituents
upon the sewage works and to determine the existence of hazards to
life, limb and property. The particular analyses involved will determine
whether a twenty-four-hour composite of all outfalls of a premises
is appropriate or whether a grab sample or samples should be taken.
Normally, but not always, BOD and suspended solids analyses are obtained
from twenty-four-hour composites of all outfalls whereas pHs are determined
from periodic grab samples.
J.Â
Special agreement or arrangement. 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 sewage
works. Any person violating this provision shall be subject to immediate
arrest under charge of disorderly conduct.
A.Â
Right of entry. The Superintendent and other duly
authorized employees of the Village bearing proper credentials and
identification shall be permitted to enter all properties for the
purposes of inspection, observation, measurement, sampling and testing
in accordance with the provisions of this article. The Superintendent
or his representatives shall have authority to inquire into any processes,
including metallurgical, chemical, oil, refining, ceramic, paper or
other industries, beyond that point having a direct bearing on the
kind and source of discharge to the sewers or waterways or facilities
for waste treatment.
B.Â
Liability for damages resulting from inspection. While performing the necessary work on private properties referred to in Subsection A above, the Superintendent or duly authorized employees of the Village shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the Village employees, and the Village shall indemnify the company against loss or damage to its property by Village employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in § 197-8H.
C.Â
Entry to easements. The Superintendent and other duly
authorized employees of the Village bearing proper credentials and
identification shall be permitted to enter all private properties
through which the Village holds a duly negotiated easement for the
purposes of but not limited to inspection, observation, measurement,
sampling, repair and maintenance of any portion of the sewage works
lying within said easement. All entry and subsequent work, if any,
on said easement shall be done in full accordance with the terms of
the duly negotiated easement pertaining to the private property involved.
Any person found to be violating any provision of this article, except § 197-9, 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.
Any person violating any of the provisions of
this article shall become liable to the Village for any expense, loss
or damage occasioned the Village by reason of such violation.
Any person who shall continue any violation beyond the time limit provided for in § 197-11 shall, upon conviction thereof, be subject to a fine not to exceed $250 or a term of imprisonment not to exceed 15 days, or both, for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.
[Adopted 9-1-1971 (Ch. 68, Art. II, of the
1976 Code)]
Every user of the sewer system of the Village
of Athens, including that portion of said system which serves the
Brick Row area, shall pay sewer rents in accordance with the following
schedule of cost units:
Category
|
Units
|
---|---|
Commercial laundry
|
40
|
Coxsackie - Athens Elementary School
|
10
|
Columbia - Greene Community College
|
10
|
Athens Recreation Association (swimming pool)
|
4
|
Factories
|
4
|
Hotels
|
8
|
Restaurants
|
4
|
Rest homes
|
6
|
Coin-operated laundry
|
3
|
Family dwellings (homes and apartments)
|
2
|
Fraternal organization halls
|
1
|
Garages and service stations
|
2
|
Parish rectories
|
2
|
Parish halls
|
2
|
Small industries
|
2
|
Bakeries
|
1
|
Barbershops
|
1
|
Beauty parlors
|
1
|
College library
|
2
|
Offices
|
1
|
Stores
|
1
|
Churches
|
1
|
Funeral homes
|
2
|
The basis of the charge for such rents is the
consumption of water by each such category.
The annual sewer rental per unit of cost will
be determined by dividing the total number of units into the annual
budget for maintenance and operation of the Athens Village sewerage
system, with an appropriate allowance for nonpayment or late payment
of sewer rentals.
Sewer rents shall become due and payable on
the 15th day of September and the 15th day of February of each fiscal
year.
A penalty of 5% per annum shall be collected
for delinquent payments.
Sewer rents shall constitute a lien upon the
real property served by the sewer system.