[HISTORY: Adopted by the Town Board of the Town of North
Salem 3-22-2011 by L.L. No. 2-2011. Amendments noted where applicable.]
This chapter sets forth uniform requirements for direct and
indirect contributors into the wastewater collection and treatment
system for the Town of North Salem Peach Lake Sewer District (PLSD)
and enables the Town to comply with all applicable state and federal
laws required by the Clean Water Act of 1977[1] and the general pretreatment regulations (40 CFR 403).
It also establishes the procedures for making connections to the public
sewer in the Town of North Salem and the specific limits for pollutant
discharges which, by their nature or by their interaction with sewage,
will be detrimental to the public health, cause damage to the public
sewer or the water pollution control facility, pollute the waters
of the state or otherwise create a public nuisance.
[1]
Editor's Note: See 33 U.S.C. § 1251 et seq.
The objectives of this chapter are:
A.
To inform the public as to the technical and administrative procedures
to be followed in obtaining connection to the Town of North Salem
public sewer system.
B.
To prevent the introduction of pollutants into the public sewer system
which will interfere with the operation of the system or contaminate
the resulting sludge.
C.
To prevent the introduction of pollutants into the public sewer system
which will pass through the system, inadequately treated, into receiving
waters, or the atmosphere, or otherwise be incompatible with the system.
D.
To improve the opportunity to recycle and reclaim wastewaters and
sludges from the system.
E.
To prohibit illicit connections, activities and discharges to the
Town's storm sewer system.
F.
To establish legal authority to carry out all inspection, surveillance
and monitoring procedures necessary to ensure compliance with this
chapter.
A.
This chapter shall apply to the Town of North Salem and to persons
outside the Town who are, by contract or agreement with the Town,
users of a Town POTW.
B.
The Sewer Inspector shall administer, implement, and enforce the
provisions of this chapter. Such powers granted or duties imposed
upon the authorized enforcement official may be delegated in writing
by the Sewer Inspector as may be authorized by the Town.
A.
ACT or THE ACT
BIOCHEMICAL OXYGEN DEMAND (BOD)
BUILDING INSPECTOR
BUILDING SANITARY DRAIN
BUILDING SEWER
CATEGORICAL STANDARDS
CLEAN WATER ACT
COOLING WATER
COUNTY
COUNTY HEALTH DEPARTMENT
DESIGN PROFESSIONAL
DIRECT DISCHARGE
DRAIN LAYER
ENVIRONMENTAL PROTECTION AGENCY or EPA
FEDERAL CATEGORICAL PRETREATMENT STANDARD OR PRETREATMENT STANDARDS
HAZARDOUS MATERIALS
HOLDING TANK WASTE
INDIRECT DISCHARGE
INDIVIDUAL SEWAGE TREATMENT SYSTEM
INTERFERENCE
NYSDEC
PERSON
pH
POLLUTION
POTW TREATMENT PLANT
PREMISES
PRETREATMENT or TREATMENT
PUBLICLY OWNED TREATMENT WORKS (POTW)
PUBLIC SEWER OR PUBLIC SEWER SYSTEM
SEWER DISTRICT
SEWER INSPECTOR
STATE
STATE POLLUTION DISCHARGE ELIMINATION SYSTEM PERMIT or SPDES
PERMIT
SUPERVISOR
SURFACE WATERS OF THE STATE OF NEW YORK
(1)
(2)
SUSPENDED SOLIDS
TOWN
TOWN INSPECTOR
TOXIC POLLUTANT
USER
WASTEWATER
WASTEWATER DISCHARGE PERMIT
WATERS OF THE STATE
Unless the context specifically indicates otherwise, the following
terms and phrases, as used in this chapter, shall have the meanings
hereinafter designated:
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20° C., expressed in terms of weight and concentration [milligrams
per liter (mg/L)].
The inspector employed by the Town of North Salem or its
authorized representative.
That part of a wastewater drainage system which receives
the discharge of wastewater inside the walls of the building and conveys
such discharge to the building sewer.
A sewer conveying wastewater from the premises of a user
to a POTW.
Federal Categorical Pretreatment Standards or pretreatment
standards.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
The water discharged from any use such as air conditioning,
cooling or refrigeration, or to which the only pollutant added is
heat.
Westchester County.
The Westchester County Department of Health.
A New York State licensed professional engineer or licensed
architect.
The discharge of treated or untreated wastewater directly
to the water of the State of New York.
A plumber or other person licensed by the county for the
purpose of laying building sewers or connecting the same to public
sewers.
The United States Environmental Protection Agency or, where
appropriate, the term may also be used as a designation for the Administrator
or other duly authorized official of said Agency.
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with Section 307(b) and (c) of the Act (33
U.S.C. § 1347) which applies to a specific category of industrial
users.
Any material, including any substance, waste, or combination
thereof, which, because of its quantity, concentration, or physical,
chemical or infectious characteristics, may cause, or significantly
contribute to, a substantial present or potential hazard to human
health, safety, property, or the environment when improperly treated,
stored, transported, disposed of, or otherwise managed.
Any waste from holding tanks such as vessels, chemical toilets,
campers, trailers, septic tanks and vacuum-pump tank trucks.
The discharge or the introduction of nondomestic pollutants
from any source regulated under Section 307(b) or (c) of the Act (33
U.S.C. § 1317) into the POTW, including holding tank waste
discharged into the system.
A facility serving one or more parcels of land or residential
households, or a private, commercial, or institutional facility that
treats sewage or other liquid wastes for discharge into the groundwaters
of New York State, except where a permit for such a facility is required
under the applicable provisions of Article 17 of the Environmental
Conservation Law.
The inhibition or disruption of the POTW treatment processes
or operations or contribution to a violation of any requirements of
the Town's SPDES permit. The term includes prevention of sewage sludge
use or disposal by a POTW in accordance with Section 405 of the Act
(33 U.S.C. § 1345) or any criteria, guidelines or regulations
developed pursuant to the Solid Waste Disposal Act (SWDA)[1], the Clean Air Act[2], the Toxic Substances Control Act[3] or more stringent state criteria (including those contained
in any state sludge management plan prepared pursuant to Title IV
of SWDA) applicable to the method of disposal or use employed by the
POTW.
The New York State Department of Environmental Conservation.
Any individual, partnership, copartnership, firm, company,
corporation, association, joint-stock company, trust, estate, governmental
entity or any other legal entity, or their legal representatives,
agents or assigns.
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions.
The man-made or man-induced alteration of the chemical, physical,
biological and radiological integrity of water.
That portion of a POTW designed to provide treatment to wastewater.
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
The reduction of the amount of pollutant, the elimination
of pollutants or the alteration of the nature of pollutant properties
in wastewater to a less harmful state prior to or in lieu of discharging
or otherwise introducing such pollutants into a POTW. The reduction
or alteration can be obtained by physical, chemical or biological
processes.
A treatment works, as defined by Section 212 of the Act (33
U.S.C. § 1292) which is owned by the Town or a Town sanitary
sewer district. This definition includes any sewers that convey wastewater
to a POTW treatment plant but does not include pipes, sewers or other
conveyances not connected to a facility providing treatment.
That part of a POTW that conveys wastewater to a POTW treatment
plant, including all lateral connections constructed as part of the
public sewer system.
The Peach Lake Sewer District (PLSD).
An employee or authorized representative of the Town of North
Salem designated and authorized by the Town to inspect and approve
of the installation of building sewers and connection of the building
sewers to the public sewer system.
The State of New York.
A permit issued pursuant to Section 402 of the Act (33 U.S.C.
§ 1342).
The Supervisor of the Town of North Salem or his duly authorized
representative.
Lakes, bays, sounds, ponds, impounding reservoirs, springs,
wells, rivers, streams, creeks, estuaries, marshes, inlets, canals,
the Atlantic Ocean within the territorial seas of the State of New
York, and all other bodies of surface water, natural or artificial,
inland or coastal, fresh or salt, public or private (except those
private waters that do not combine or effect a junction with natural
surface or underground waters), which are wholly or partially within
or bordering the state or within its jurisdiction.
Storm sewers and waste treatment systems, including treatment
ponds or lagoons, which also meet the criteria of this definition,
are not waters of the state. This exclusion applies only to man-made
bodies of water which neither were originally created in waters of
the state (such as a disposal area in wetlands) nor resulted from
impoundment of waters of the state.
The total suspended matter that floats on the surface of
or is suspended in water, wastewater or other liquids and which is
removable by laboratory filtering.
The Town of North Salem or the Town Board of North Salem.
See "Sewer Inspector."
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the Administrator of the Environmental
Protection Agency under the provisions of CWA Section 307(a) or other
acts.
Any person who contributes, causes or permits the contribution
of wastewater into a POTW.
Water that is not stormwater, is contaminated with pollutants
and is or will be discarded.
As set forth in § 191-8 of this chapter.
All streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigation systems, drainage
systems and all other bodies or accumulations of water, surface or
underground, natural or artificial, public or private, which are contained
within, flow through or border upon the state or any portion thereof.
C.
ASTM
BOD
CFR
EPA
Mg/l
NYSDEC
POTW
SPDES
SS
Abbreviations. The following abbreviations shall have the designated
meanings:
American Society for Testing and Materials.
Biochemical oxygen demand.
Code of Federal Regulations.
Environmental Protection Agency.
Milligrams per liter.
New York State Department of Environmental Conservation.
Publicly owned treatment works.
State Pollutant Discharge Elimination System.
Suspended solids (total).
A.
General discharge prohibitions.
(1)
No user shall contribute or cause to be contributed, directly or
indirectly, any pollutant or wastewater which will interfere with
the operation or performance of a POTW. These general prohibitions
apply to all such users of a POTW, whether or not the user is subject
to Federal Categorical Pretreatment Standards or any other federal,
state or local pretreatment standards or requirements. A user may
not contribute the following substances to any POTW:
(a)
Any liquids, solids or gases which, by reason of their nature
or quantity, are or may be sufficient, either alone or by interaction
with other substances, to cause fire or explosion or to be injurious
in any other way to a POTW or to the operation of a POTW. At no time
shall two successive readings on an explosion-hazard meter at the
point of discharge into the system, or at any point in the system,
be more than 5% nor any single reading over 10% of the lower explosive
limit (LEL) of the meter. Prohibited materials include but are not
limited to gasoline, kerosene, naphtha, alcohols and any other substances
which the Town, the state or the EPA has notified the user is a fire
hazard or a hazard to the system.
(b)
Solid or viscous substances which may cause obstruction to the
flow in a sewer or other interference with the operation of the wastewater
treatment facilities, such as but not limited to, grease, garbage
with particles greater than 1/2 inch in any dimension, animal guts
or tissues, paunch manure, bones, hair, hides or fleshings, entrails,
whole blood, feathers, ashes, cinders, sand, spent lime, stone or
marble dust, metal, glass, straw, shavings, grass clippings, rags,
spent grains, spent hops, wastepaper, wood, plastic, gas, tar, asphalt,
residues, residues from refining or processing of fuel or lubricating
oil, mud or glass grinding or polishing wastes.
(c)
Any wastewater having a pH less than 5.0 or higher than 9.0
or wastewater having any other corrosive property capable of causing
damage or hazard to structures, equipment and/or personnel of a POTW.
(d)
Any wastewater containing toxic pollutants in sufficient quantity,
either singly or by interaction with other pollutants, to injure or
interfere with any wastewater treatment process, constitute a hazard
to humans or animals, create a toxic effect in the receiving waters
of a POTW or exceed the limitation set forth in a categorical pretreatment
standard. A toxic pollutant shall include, but not be limited to,
any pollutant identified pursuant to Section 307(a) of the Act.
(e)
Any noxious or malodorous liquids, gases or solids which, either
singly or by interaction with other wastes, are sufficient to create
a public nuisance or hazard to life or are sufficient to prevent entry
into the sewers for their maintenance and repair.
(f)
Any substance which may cause a POTW's effluent or any other
product of a POTW, such as residues, sludges or scums, to be unsuitable
for reclamation and reuse or to interfere with the reclamation process
where the POTW is pursuing a reuse and reclamation program. In no
case shall a substance discharged to a POTW cause the POTW to be in
noncompliance with sludge use or disposal criteria, guidelines or
regulations developed under Section 405 of the Act or any criteria,
guidelines or regulations affecting sludge use or disposal developed
pursuant to the Solid Waste Disposal Act,[1] the Clean Air Act,[2] the Toxic Substances Control Act[3] or state criteria applicable to the sludge-management
method being used.
(g)
Any substance which will cause a POTW to violate its SPDES permit
or the receiving water quality standards.
(h)
Any wastewater with objectionable color not removed in the treatment
process.
(i)
Any wastewater having a temperature which will inhibit biological
activity in a POTW treatment plant resulting in interference but in
no case wastewater at a temperature that causes the influent to the
POTW to exceed 40° C. (104° F).
(j)
Any pollutants, including oxygen-demanding pollutants (BOD,
etc.), released at a flow and/or pollutant concentration which a user
knows or has reason to know will cause interference to the POTW. In
no case shall a slug load have a flow rate or contain concentration
or quantities of pollutants that exceed for any time period longer
than 15 minutes or more than five times the average twenty-four-hour
concentration, quantities or flow during normal operation.
(k)
Garbage grinders and the discharge of shredded garbage from
such grinders shall not be permitted, unless such garbage grinders
were installed prior to the effective date of this chapter.
(l)
Any wastewater containing any radioactive wastes or isotopes
of such half-life or concentration as may exceed limits established
by the Town in compliance with applicable state or federal regulations.
(m)
Any wastewater which causes a hazard to human life or creates
a public nuisance.
(2)
When the Town determines that a user(s) is contributing to a POTW
any of the above-enumerated substances in such amounts as to interfere
with the operation of the POTW, the Town shall advise the user(s)
of the impact of the contribution on the POTW and develop affluent
limitation(s) for such user to correct the interference with the POTW.
B.
Unpolluted waters. No person(s) shall discharge or cause to be discharged
any unpolluted waters, such as stormwater, groundwater, roof runoff,
subsurface drainage or cooling water, to any public sewer system.
C.
Septage wastes. No person(s) shall discharge or cause to be discharged
into any public sewer or part of the sewer collection system, either
directly or indirectly, any septage, holding tank wastes that are
anaerobic, overflow or effluent from a septic tank, cesspool subsurface
drainage trench or other receptacle storing organic wastes.
D.
Specific pollutant limitations. No person shall discharge wastewater
containing in excess of:
(1)
Three hundred mg/L BOD.
(2)
Three hundred fifty mg/L SS.
(3)
Five-hundredths mg/L arsenic.
(4)
One-tenth mg/L cadmium.
(5)
One and zero-tenths mg/L copper.
(6)
One-tenth mg/L cyanide (amendable).
(7)
One-tenth mg/L lead.
(8)
One-hundredth mg/L mercury.
(9)
One and zero-tenths mg/L nickel.
(10)
One-tenth mg/L silver.
(11)
One and zero-tenths mg/L total chromium.
E.
State requirements. State requirements and limitations on discharges
shall apply in any case where they are more stringent than federal
requirements and limitations or those in this chapter.
F.
Excessive discharge. No user shall ever increase the use of process
water or in any way attempt to dilute a discharge as a partial or
complete substitute for adequate treatment to achieve compliance with
the limitations contained in the Federal Categorical Pretreatment
Standards or in any other pollutant-specific limitation developed
by the Town or state.
G.
Accidental discharges from industrial users. Each industrial user
shall provide protection from accidental discharge of prohibited materials
or other substances regulated by this chapter. Facilities to prevent
accidental discharge of prohibited materials shall be provided and
maintained at the owner's or user's own cost and expense. Detailed
plans showing facilities and operating procedures to provide this
protection shall be submitted to the Town for review and shall be
approved by the Town before construction of the facility. No user
who commences contribution to a POTW after the effective date of this
chapter shall be permitted to introduce pollutants into the system
until accidental discharge procedures have been approved by the Town.
Review and approval of such plans and operating procedures shall not
relieve the industrial user from the responsibility to modify the
user's facility as necessary to meet the requirements of this chapter.
In the case of an accidental discharge, it is the responsibility of
the user to immediately telephone and notify the POTW of the incident.
The notification shall include location of discharge, type of waste,
concentration and volume and corrective actions.
H.
Nothing contained in § 191-5D shall be construed as preventing any special agreement or arrangement between the Town and any person(s), firm or agency whereby wastewater having concentrations of BOD and/or SS in excess of the values listed under § 191-5D may be accepted for treatment at a POTW treatment plant owned and operated by the Town or any Town sewer district, provided that:
(1)
The Town Board has determined, after suitable investigations, that:
(a)
Said wastewater shall not have any of the detrimental effects described in § 191-5A(1) and § 191-5A(1)(a) through § 191-5A(1)(m) upon said POTW and POTW treatment plant.
(b)
Said wastewater shall be in compliance with all requirements of Chapter 191 of the Code of the Town of North Salem not specifically exempted by any such special agreement or arrangement.
(c)
All federal, state and municipal regulatory agencies having
jurisdiction over said POTW and POTW treatment plant have no objections
to acceptance of said wastewater for treatment at said POTW treatment
plant.
(2)
The person(s), firm or agency who wishes to have said wastewater
accepted for treatment at said POTW treatment plant shall agree to
indemnify and hold harmless the Town, and any sewer district into
whose POTW treatment plant said wastewater will be accepted, from
and against any and all claims, damages, losses, penalties and expenses
arising from the discharge of said wastewaters to said POTW treatment
plant.
(3)
The person(s), firm or agency who wishes to have said wastewater
accepted for treatment at said POTW treatment plant shall provide
the Town, and any sewer district responsible for operation of said
POTW treatment plant, with such security as the Town Board deems necessary
to secure such indemnification.
(4)
The person(s), firm or agency who wishes to have said wastewater
accepted for treatment at said POTW treatment plant shall agree to
provide such pretreatment of said wastewater as the Town Board and
any federal, state and municipal regulatory agencies having jurisdiction
over said POTW and POTW treatment plant may require.
(5)
The person, firm or agency who wishes to have such wastewater accepted
for treatment as said POTW treatment plant shall agree to pay any
and all charges that the Town Board deems adequate for processing
such wastewater at said POTW treatment plant.
(6)
The design and construction of any and all facilities that will be
required to convey and discharge said wastewater to said POTW treatment
plant shall be subject to the approval of the Town Board.
(7)
The person, firm or agency who wishes to have such wastewater accepted
for treatment at said POTW treatment plant shall construct, maintain,
repair and replace and pay all costs associated with such construction,
maintenance, repair or replacement of any and all facilities that
will be required to convey and discharge said wastewater to said POTW
treatment plant.
A.
Purpose. It is the purpose of this section to provide for the recovery
of the costs from users of the Town's sewer system for the implementation
of the program established herein.
B.
Capital cost recovery. The costs associated with construction of the system and improvements made to it from time to time shall be levied and assessed against properties in the district as set forth in Schedule A.[1]
[1]
Editor's Note: Schedule A is included at the end of this chapter.
C.
User charge system. The applicable charges and fees, as amended from time to time, shall be as set forth in the user charge formula attached hereto as Schedule B.[2]
[2]
Editor's Note: Schedule B is included at the end of this chapter.
D.
Other charges and fees.
(1)
In addition to the building sewer permit fee described in § 191-8G, the Town may adopt charges and fees which may include:
(a)
Fees for monitoring, inspections and surveillance procedures.
(b)
Fees for reviewing accidental discharge procedures and construction.
(c)
Fees for new connections to the system.
(d)
Fees for water meter reading, repair and replacement of water
meters.
(e)
Other fees as the Town may deem necessary to carry out the requirements
contained herein.
(2)
These fees relate solely to the matters covered by this chapter and
are separate from all other fees chargeable by the Town.
A.
The owner(s) of all houses, buildings or properties used for human
occupancy, employment, recreation or other purposes situated within
the Peach Lake Sewer District shall be required to install a building
sewer to connect their building drain to the public sewer in accordance
with the provisions of this chapter within 120 days after date of
official notice to do so.
B.
Where connection of a building sewer to a new public sewer or public
sewer system is permitted, final hookup of the building sanitary drain
to the building sewer will not be permitted until the POTW serving
such building is ready for operation.
C.
It shall be unlawful for any person to construct or repair any septic
tank, cesspool or other facility intended for the disposal of sewage
if public sewers are available.
D.
It shall be unlawful for any person to continue the use of any dry well or similar facility accepting water from any plumbed appliance inside a residence or commercial building if public sewers are available. All plumbed appliances, except for those conveyances outlined in § 191-8B, are required to be plumbed to the building sewer.
A.
No person(s) shall uncover, make any connection with or opening into,
use, alter, repair or disturb any public sewer or appurtenance thereof
unless a proper sewer connection permit therefor shall have been duly
issued by the Town and the County Health Department as herein provided.
B.
No person(s) shall make connection of roof downspouts, foundation
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 sewer.
C.
Any person proposing a new discharge into the public sewer system
or a substantial change in the volume or character of pollutants that
are being discharged into the public sewer system shall notify the
Town and the County Health Department at least 45 days prior to the
proposed change or connection.
D.
Any person intending to alter or repair a building sewer shall first
obtain a permit from the Town and shall be subject to all provisions
of this section.
E.
Emergency repairs to building sewers may be started without first
obtaining a permit, provided that the Building and Sewer Inspectors
are notified. If said Inspectors cannot be notified during nonbusiness
hours, the person may engage the services of a qualified contractor
to make the required repairs. In such case, the person shall notify
said Inspectors at the start of the next business day to give the
required notification and obtain the required permit. All emergency
repair work shall be performed in accordance with and shall be subject
to all provisions of this section.
F.
There shall be two classes of connection permits: Class A, which
shall authorize the connection of residential buildings to the public
sewer, and Class B permits, which shall authorize the connection of
public, commercial and industrial buildings and any buildings which
will contribute concentrations of waste loads or flows greater than
that normally associated with domestic wastewater to the public sewer.
G.
Application for a building sewer permit shall be made by the owner
of the building which is to be connected with the public sewer on
an application form provided by the Town. Each applicant shall furnish
to the Town the plans and specifications for the sewer connection
and such other information relating to the building wastes to be discharged
as may be considered pertinent by the Town. A permit and inspection
fee as set forth from time to time by resolution of the Town Board
shall be paid at the time the application is filed. The application
shall be signed by the owner of the premises to be served or his authorized
agent and by the qualified contractor (plumber, drain layer or other
person as defined hereinafter) who has been chosen to perform the
work of installing and connecting the building sewer to the public
sewer. Upon approval of the application and plan, a permit shall be
issued by the Building Inspector to have the work performed by the
chosen contractor. In the event that the premises changes ownership
before the work is completed, or if another contractor is chosen to
perform or finish the work, the original permit becomes void, and
a new permit shall be obtained by the new parties in interest. An
as-built plan showing the completed installation shall be submitted
to the Town on forms provided by the Town upon completion of work
by the contractor.
H.
All costs and expenses incidental to the connection of a building
sewer with the public sewer shall be borne by the owner, and the issuance
of the permit shall be conditioned upon the owner's indemnifying the
Town and the sewer district against any loss or damage that may be
caused, directly or indirectly, by the installation of the building
sewer and its connection with the public sewer. All costs and expenses
incidental to the maintenance and repair of the building sewer shall
be borne by the owner(s).
I.
Each permit may be revoked and annulled by the Town for any violation
of these regulations or suspended for a reasonable period of time
to permit the Town to make an investigation to determine if there
has been a violation of regulations. All parties in interest shall
be held to have waived the right to claim damages from the Town or
its agents on account of such revocation.
J.
Connection of a building sewer to the public sewer shall be by or
under the supervision of a duly licensed plumber, drain layer or other
person licensed for such purpose by the county.
K.
Each plumber, drain layer or other person licensed by the county
for the purpose of laying building sewers or connecting the same to
public sewers, referred to herein above, shall file with the Town
a certificate of public liability insurance in an amount not less
than $300,000 for injuries, including accidental death, to any one
person and subject to the same limit for each person, in an amount
not less than $1,000,000 on account of one accident, and property
damage insurance in an amount not less than $100,000. Such public
insurance shall also insure the activities of each subcontractor to
said licensee, or, in lieu thereof, said subcontractor shall file
with the Town a certificate of public liability insurance which evidences
compliance with all of the insurance requirements specified under
this section. The Town and any Town sewer district in which the connection
is to be made shall be included as a named insured on all public liability
insurance required herein, or, in lieu thereof, the license and each
of his subcontractors who provide separate public liability insurance
as required above shall file with the Town an owner's protective liability
insurance policy in the same limits as above. Each insurance certificate
and policy shall contain an undertaking by the insurance carrier not
to cancel the policy except upon 30 days' notice to the Town.
L.
Each contractor or other person performing work on Town public property
for the purposes of installing building sewers shall post a bond or
certified check of $1,000 with the Town.
M.
No connection to the public sewer shall be made until after the building
plumbing has been approved by the Town Building Inspector in order
to ensure that minimum standards are met for the installation.
N.
No connection of the building sewer into the public sewer shall be made until approved by the Town in accordance with this section. (See also § 191-7B.)
O.
The contractor shall notify the Sewer Inspector 24 hours before starting
any work authorized by a permit issued in accordance with this chapter.
P.
The contractor shall notify the Sewer Inspector when the building
sewer is ready for inspection. Any connection to the public sewer
shall be made under the supervision of the Sewer Inspector.
Q.
No trench containing a building sewer or connection to the sanitary
sewer shall be backfilled until the Sewer Inspector has completed
an inspection and found the work to conform satisfactorily to the
required quality of workmanship and materials.
R.
If any person who constructs, installs, alters or repairs any building
sewer or connection with a public sewer in the Town is in violation
of any section of this chapter or fails to give adequate notice to
the Town for an inspection of the work, the Town may order all or
any portion of said work to be uncovered for inspection and approval.
S.
A separate and independent building sewer shall be provided for every
building. The size and slope of the building sewer shall be subject
to the approval of the Building Inspector, but in no event shall the
diameter of any building sewer installed be less than four inches.
The slope of such pipe shall not be less than 1/4 inch per foot, unless
the Town, for special reasons, authorizes otherwise.
T.
In all buildings in which any building drain is too low to permit
gravity flow to the public sewer, sanitary sewage carried by such
drains shall be lifted by artificial means as approved by the Town
and the County Health Department and discharged to the building sewer.
Duplex lift systems shall be provided for commercial and industrial
buildings.
U.
No building sewer shall be constructed within 25 feet of a water
supply well. If a building sewer is constructed within 26 feet to
100 feet of a well, it shall be constructed of special piping as hereinafter
specified.
V.
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 Town subject to all regulations and ordinances of the Town
pertaining to excavations of Town highways and sidewalks and subject
to the specifications of the Town.
W.
All excavations required for the installation of a building sewer
shall be open trench work unless otherwise approved by the Sewer Inspector.
No building sewer shall be laid in such a way as to weaken any bearing
wall. The depth of the building sewer shall be sufficient to afford
protection from frost and, in general, such depth shall not be less
than three feet below the finished ground surface at all points. All
building sewers shall be laid at uniform grade and in straight alignment
insofar as possible.
X.
If a water line and sewer line are laid in the same trench, the water
line shall be located at least 12 inches above the sewer line and
at least three feet from it. Both the sewer line and the water line
shall be located at least one foot from the sides of the trench.
Y.
The open ends of public sewers, building sewers, building drains
and building connection laterals shall be kept closed and protected
during construction and during periods when work is suspended in order
to exclude from the public sewer all water, sediment and debris which
might obstruct, damage or otherwise be detrimental to the public sewer
or the sewage collection system. Abandoned building sewers or drains
shall be likewise promptly closed and sealed off from any public sewer
at the expense of the owner. The water level in the trench shall be
maintained at a level below the sewer connection before the cap on
the public sewer is removed and while the connection is being made
and until such time as it has been inspected, approved and backfilled.
Z.
The building sewer shall be service-weight cast-iron soil pipe, ASTM
Specification A74, for one- and two-family dwellings and for all other
buildings shall be extra-heavy cast-iron soil pipe, ASTM Specification
A74, latest revision, or equal, for a distance of five linear feet
from the building exit point or five linear feet downstream of any
fitting in the sewer, whichever is greater. That portion of the building
sewer which is more than five linear feet from the building exit point
or more than five linear feet downstream of any fitting in the sewer
may be PVC Class SDR 35, ASTM Specification 3034, latest revision,
or approved equal, or service-duty cast-iron soil pipe, ASTM Specification
A74, latest revision. If installed in filled or unstable ground or
under driveways, the building sewer shall be of extra-heavy cast-iron
soil pipe (ASTM A740). All pipe materials shall conform to the latest
standard specifications of the American Society for Testing and Materials
(ASTM) as approved by the Town.
AA.
If a building sewer is constructed within 26 feet to 100 feet of
a water supply well, it shall be constructed of push-on-joint ductile-iron
pipe meeting the requirements of American Water Works Association
(AWWA) standards C151 and C111, thickness Class 51.
BB.
No ninety-degree short bends shall be permitted. Changes in direction
of less than 45° shall be made only with properly curved pipe
and/or fittings. Each change in direction of 45° or greater shall
be provided with a cleanout brought up to grade.
CC.
All building sewer joints and all connections for or between building
sewers and building connection laterals already connected to the public
sewer shall conform to the latest ASTM standard specification for
type of pipe being installed, altered or repaired and shall be flexible
and watertight to prevent infiltration and root intrusion. No rigid
joints such as cement mortar are permitted. Joints of like-sized pipes
of the same materials shall be of the push-on elastomeric-seal (gasketed)
type. Where connection of pipes of different sizes or dissimilar materials
is required, adaptors or reducer bushings utilizing elastomeric-seal
(gasketed) push-on-type joints shall be used. [Where cast iron to
PVC Plastic SDR 35 pipe connections are made, such elastomeric-seal
(gasketed) push-on-joint-type adapters and reducer bushings shall
be the requirements of ASTM Specification D3034, latest revision,
or approved equal.]
DD.
When it is necessary to cut an opening into any public sewer or manhole,
the drain layer shall perform the job in a workmanlike manner using
the proper cutting and coring tools. The drain layer shall use a proper
saw to cut out sections of public sewer to install fittings or to
cut lengths of building sewer pipe. The use of jackhammers, sledgehammers
or other impact devices are not permitted for use on pipes or manholes.
EE.
Building sewers shall be located at a sufficient distance from other
parallel pipes to permit alterations or repairs to any such pipes
or the building sewer pipe without disturbing the other; they shall
conform to all reasonable requirements for good construction.
FF.
Building sewers shall be laid upon a six-inch bedding of well-graded
sand and gravel having no stone sizes greater than 1/2 inch, on firm
undisturbed soil or on a suitable foundation material approved by
the Sewer Inspector. Bedding material shall be carefully and well
tamped to support the sewer.
GG.
Backfill placed around and over building sewers shall be done with
hand tools to a depth of at least one foot over the pipe, using sand
free from stones and debris. Backfill shall be carefully and well
tamped around and over the sewer.
HH.
Prior to placing any backfill over the pipe joints and connections,
the building sewer shall be pressure-tested and proved watertight.
The hydrostatic pressure test shall consist of imposing a water pressure
of no less than five feet nor more than 25 feet on the completed building
sewer over a ten-minute testing period. To facilitate testing, the
contractor shall install a permanent test tee at the point of connection
to the public sewer to permit installation and removal of a test plug.
The tee shall be provided with a watertight cap or plug, utilizing
an elastomeric-seal (gasketed) type joint for sealing the unused branch
of the tee. This cap or plug shall be properly installed on/in the
unused branch of the tee at all times except when the pressure test
is being conducted. Upon satisfactory completion of the pressure test,
the cap or plug shall be reinstalled prior to backfilling of the trench.
The contractor shall furnish all required temporary plugs, water,
tools, equipment and labor required to conduct the test. Each test
shall be observed by the Sewer Inspector, who shall approve of the
equipment and materials used for testing and results of the test.
Any leakage under test conditions will constitute a failure of the
hydrostatic test, and the building sewer shall be repaired and retested
until proved watertight under test conditions.
II.
When the building sewer is completed and placed in service, the applicant
shall be responsible for causing the septic tank and any other underground
tanks or pits (if such exist) to be pumped out by a licensed pumper/hauler
and said tanks completely filled with inert earth material in accordance
with county requirements. This work shall preferably be accomplished
on the same day that the building connection is completed and placed
into service but shall be done no later than two working days thereafter.
JJ.
Notwithstanding the requirements contained in this section, where
any Town or Westchester County code or regulation contains more restrictive
requirements for materials and/or methods for constructing building
sewers and connections, these more restrictive requirements shall
govern.
A.
Wastewater discharges. It shall be unlawful to discharge without
a Town permit to any natural outlet within the Town or in any area
under the jurisdiction of said Town and/or to a POTW any wastewater
except as authorized by the Town in accordance with the provisions
of this chapter.
B.
Wastewater discharge permits. Industrial users proposing to connect
to or to contribute to the POTW shall obtain a Class B discharge permit
before connecting to or contributing to a POTW.
C.
Inspector and sampling. Industrial users shall grant ready access
to their properties, at reasonable times, by Town, County Health Department,
NYSDEC and EPA representatives for purposes of inspection, observation,
measurement, sampling, testing and copying of records.
D.
Other industry requirements. Industrial users shall conform to all
the requirements of the general pretreatment regulations, 40 CFR 403,
including but not limited to pretreatment and reporting to meet categorical
standards.
A.
The Town may suspend the wastewater treatment service and/or a wastewater
discharge permit when such suspension is necessary, in the opinion
of the Town, in order to stop an actual or threatened discharge which
presents or may present an imminent or substantial endangerment to
the health or welfare of persons or to the environment, causes interference
to a POTW or causes the Town to violate any condition of its SPDES
permit.
B.
Any person notified of a suspension of the wastewater treatment service
and/or the wastewater discharge permit shall immediately stop or eliminate
the contribution. In the event of a failure of the person to comply
voluntarily with the suspension order, the Town shall take such steps
as deemed necessary, including immediate severance of the sewer connection,
to prevent or minimize damage to the POTW system or endangerment to
any individuals. The Town shall reinstate the wastewater discharge
permit and/or the wastewater treatment service upon proof of the elimination
of the noncomplying discharge.
Whenever the Town finds that any user has violated or is violating
this chapter, the wastewater discharge permit or any prohibition or
limitation of requirements contained herein, the Town may serve upon
such person a written notice stating the nature of the violation.
Within 30 days of the date of the notice, a plan for the satisfactory
correction thereof shall be submitted to the Town by the user.
If any person discharges sewage, industrial wastes or other
wastes into the public sewer system contrary to the provisions of
this chapter, federal or state pretreatment requirements or any order
of the Town, the Town may commence an action for appropriate legal
and/or equitable relief.
A.
Civil penalties. Any user who is found to have violated an order
of the Town Board or who willfully or negligently failed to comply
with any provision of this chapter and the orders, rules, regulations
and permits issued hereunder shall be fined for each offense. Each
day on which a violation shall occur or continue shall be deemed a
separate and distinct offense. In addition, the Town may recover reasonable
attorneys' fees, court costs, court reporters' fees and other expenses
of litigation by appropriate suit at law against the person found
to have violated this chapter or the orders, rules, regulations and
permits issued hereunder.
B.
Falsifying information. Any person who knowingly makes any false
statement, representation or certification in any application, record,
report, plan or other document filed or required to be maintained
pursuant to this chapter or the wastewater discharge permit or who
falsifies, tampers with or knowingly renders inaccurate any monitoring
device or method required under this chapter shall, upon conviction,
be punished by a fine of not more than $250 or by imprisonment for
not more than 15 days, or by both.
