Town of Porter, NY Article II Use of Public Sewer System

§ 145-7 Building sewers and connections.

A. No person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenances thereto without first obtaining a written permit from the Administrator or Town Board, as provided for herein or hereinafter established by resolution.

B. Classes of building sewer permits.

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

[Amended 4-27-1987 by L.L. No. 2-1987; 12-12-1988 by L.L. No. 2-1988]

(a) For normal type wastewater service, which excludes any service having abnormal wastewater or any of those types of other discharge prescribed in Subsections A and B of § 145-10 herein, the owner or his agent shall make application to the Administrator on a special form furnished by the Administrator.

(b) For any other wastewater service, the owner or his agent shall make application to the Town Board on a special form furnished by the Administrator.

(2) The permit application shall be supplemented by such plans, specifications or other information as may be considered pertinent in the judgment of the Administrator or the Town Board and shall be accompanied by such application fee, performance bond and liability insurance as may hereafter be established by resolution of the Town Board. Upon payment of the application fee, filing of the bond and proof of insurance and approval by the Administrator or Town Board as provided for above, a permit shall be issued allowing for the commencement of the installation and connection of the building sewer.

C. All costs and expense incidental to the installation, connection, maintenance and, where necessary, pumping of the building sewer, shall be borne by the owner or owners. The owner shall indemnify the Town for any loss or damage to the Town sanitary sewer system or other municipal property which may directly or indirectly have been occasioned by the installation, connection and maintenance of the building sewer.

D. A separate and independent building sewer shall be provided for every building. However, in a situation where there are two or more buildings under common ownership, the Town Board may, upon the recommendation of the Administrator, waive this requirement and issue a special sewer permit under such conditions as it considers necessary to comply with the purpose and intent of this chapter. Such permit shall expire at such time as said buildings are no longer under common ownership.

[Amended 2-11-1980 by L.L. No. 1-1980]

E. Old building sewers may be used in connection with old or new buildings only when they are found, upon examination and testing by the Administrator, to meet all requirements of this chapter.

F. All wyes installed in the Town sanitary sewer system in front of each building have a six-inch outlet. Private laterals connected thereto may have either a six-inch or four-inch inside diameter and must consist of one of the following: asbestos cement sewer pipe (ACP) Class 3300, polyvinyl chloride plastic pipe (PVC) SDR 35, or solid wall acrylonitrate-butadiene-styrene plastic pipe (ABS). Pipe shall be laid in a granular bed in accordance with typical building sewer detail, Appendix A. If installed in filled or unstable ground, the building sewer shall be of cast iron soil pipe, except that nonmetallic pipe may be utilized if laid upon a suitable concrete bed or cradle approved by the Administrator. All cast-iron soil pipe must conform to the standards of the Town of Porter Building Code.[1] Infiltration of groundwater into any sewer shall not exceed 100 gallons per inch diameter per mile of sewer per day. The Administrator may require infiltration tests on any sewer. The building sewer shall include a trap which shall be six-inch plastic with a four-inch solvent welded vent (riser). This shall apply to new construction and to reconstruction.

[Amended 2-12-1990 by L.L. No. 1-1990]

[1] Editor's Note: See Ch. 70, Building Code Administration and Enforcement.

G. All building sewers shall be installed in accordance with all the applicable requirements of the Town of Porter Building Code, General Specifications, this chapter, and any other rules and regulations of the Town or promulgated by the Administrator. (See Appendix A-1, A-2 and B.[2])

[Amended 2-11-2002 by L.L. No. 1-2002]

[2] Editor's Note: Said appendixes are included as attachments to this chapter.

H. Building sewers shall use gravity to carry wastewater from the building to the Town sanitary sewer system. The slope of such building sewers must not be less than 1/8 inch per foot of a six-inch building sewer, and not less than 1/4 inch per foot of a four-inch building sewer. In some situations, due to buildings constructed below road level or constructed some distance from the road, gravity will not be sufficient in providing momentum for carrying wastewater from the subject building to the Town sanitary sewer system, thus necessitating some form of pumping. Such pumping shall be by a method and utilize equipment previously approved by the Administrator.

I. Whenever possible, a building sewer shall be brought to the building at an elevation below the basement floor. No building sewer shall be laid parallel to or within three feet of any bearing wall, which might thereby be weakened. The depth of the building sewer shall be sufficient to afford protection from frost, and shall be laid at uniform grade. Changes in direction greater than 45° shall be provided with cleanouts accessible for cleaning, or with manholes when approved by the Administrator.

J. The connection of the building sewer to the public sewer shall conform to the requirements of the Building Code and other applicable rules and regulations of the Town of Porter, and/or the procedures set forth in the appropriate specifications of the American Society for Testing Materials and the Water Environment Federation Manual of Practice No. 9. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the Administrator before installation.[3]

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

K. No person shall make any connection of roof downspouts, sump pumps, exterior foundation drains, areaway drains, yard drains, footing drains, floor drains, drain tile or other sources of surface runoff or groundwater to a building sewer, a building drain which in turn is connected directly or indirectly to a public sewer, or directly to the public sewer. Unless the above items deliver the stormwater by gravity to a drainage ditch or storm sewer, a sump pump must be installed to accomplish such delivery.

[Amended 2-12-1990 by L.L. No. 1-1990]

L. All distribution boxes, septic tanks, leach beds and other prior methods of wastewater disposal must be physically and permanently disconnected from the building sewer and private sewer except that where the septic tank is between the building and street lateral, the Administrator may approve other suitable arrangements.

M. The person who had previously secured a building sewer permit shall notify the Administrator when the building sewer is installed and connected to the public sewer and ready for inspection. No trenches shall be backfilled nor any part of the building sewer covered unless it conforms with the requirements of Appendix A[4] and until the entire building sewer and connection are inspected and approved by the Administrator.

[Amended 12-12-1988 by L.L. No. 2-1988]

[4] Editor's Note: Appendix A is included as an attachment to this chapter.

N. No connections to Town sewer laterals shall be allowed until after both the Town of Lewiston wastewater treatment plant is operative and the sewer servicing the subject area has been completed, tested and accepted by the Town.

O. Upon commencement of operations by the above-mentioned treatment plant and the completion, testing and acceptance of the sewer laterals by the Town, all owners of buildings which are subject to the dictates of this chapter shall be notified that building sewers can be installed and connected. Said notification shall be in letter form and shall specify that all building sewers must be installed, connected, tested and operational within 90 days of the date of postmark of the aforesaid letter, and said letter shall also state said date which coincides with such deadline. However, if said sewer lateral is located more than 100 feet from the property line in residential and commercial areas, and more than 500 feet from the property line in industrial areas, extended time limitations shall be determined by the Administrator.

P. The Town Clerk shall also cause a similar notice to be published in the official Town newspaper for three consecutive days, with the first day of such publication coinciding with the postmark of the aforementioned letters. Said notice shall reiterate the contents of said letters, including the date of the deadline by which all building sewers must be installed, connected, tested and operational.

Q. All excavations for building sewers shall be adequately guarded with barricades and lights to protect the public from danger. Streets, sideways, parkways or other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Town.

R. The Administrator shall determine when and if existing service connections and/or fixtures need replacing and shall then notify the owner.

S. On or after the date of mandatory sewer connection, the Sewer Administrator shall take a reading of the water meter or effect whatever is necessary in order to determine the amount of water being used by a property owner and each owner of property which is subject to the mandatory use of the sewer system shall be liable for sewer rents from the date of mandatory sewer connection, regardless of whether said property owner has actually connected to the sewer system, unless such connection has been precluded by some action of the Town.

T. Owners of buildings connected to the Town sanitary sewer system by building sewers shall be required to keep such building sewers and connections in proper operating order, and shall make all necessary repairs, including the replacement of existing service connections and/or fixtures with acceptable materials as determined by the Administrator, within 48 hours after official notice of any defect, leak, stoppage or other malfunction.

§ 145-8 Use of public sewers; water.

[Amended 11-13-2007 by L.L. No. 2-2007]

A. No person shall discharge or cause to be discharged any stormwater, groundwater, roof runoff, subsurface drainage, or drainage from downspouts, yard drains, sum pumps, yard foundations and ponds, or lawn sprays into any sanitary sewer, except as provided by the rules and regulations. Dechlorinated water from swimming pools, or industrial process water containing no contaminants from such sources as water drains and blowoff pipes, or cooling water from various equipment containing no contaminants, shall not be discharged into sanitary sewers if a closed storm sewer is available. If a closed storm sewer is not available, or if such water contains contaminants, such water may, upon approval of the Administrator, be discharged into the sanitary sewer by indirect connection whereby such discharge is cooled, if required, and whereby such water flows into the sanitary sewer at a rate not in excess of five gallons per minute, provided that the water does not contain materials or substances in suspension or solution in violation of the limits prescribed by this chapter.

B. Stormwater and all other drainage containing no contaminants or pollutants shall be discharged into such sewers which are specifically designated as storm sewers, or into a natural outlet approved by the Administrator. Industrial cooling water or industrial process waters may be discharged, on approval of the Administrator, into a storm sewer, provided that such water contains no contaminants, or into a combined sewer or natural outlet. Notwithstanding the foregoing, no materials other than stormwater shall be discharged into the municipal separate storm sewer system, except as provided in Article V of these regulations.

C. Every user of a public sewer system who has any storm, surface or foundation drainage, or any waters from a sump pump, already entering or part of an existing private sewage system, which is to be connected to a public sewer system, shall disconnect such pipes, spouts and/or drains so as to preclude all such waters from entering the public sewer system, and shall thereafter provide other means to remove such waters away from their buildings.

§ 145-9 Use of public sewers; industry.

A. Ninety days after the effective date hereof, it shall be unlawful for any person to deposit or discharge industrial waste into any public sewer in the Town of Porter without having first obtained an industrial waste permit from the Town of Porter and without having first complied with all of the applicable provisions hereof. Within 90 days after the effective date hereof, any person desiring to deposit or discharge, or who is now depositing or discharging industrial waste into any public sewer in the Town of Porter, shall make application to the Administrator for a permit. Application forms will be furnished by the Administrator on request. The Administrator shall review all applications for approval or disapproval. The Administrator, upon approval of such applications, will grant an industrial waste permit only when the evidence submitted by the applicant demonstrates that the waste or wastewater to be deposited by the applicant in the public sewer will comply with all the regulations of this chapter.

B. Within 180 days after the effective date hereof, any person discharging industrial waste into a public sewer in the Town of Porter shall construct a suitable control manhole downstream from any treatment or storage tanks or other approved works utilized by such person for pretreatment, wherever required by the Administrator. Such control manhole shall be for the purpose of facilitating observations, measurements and sampling of all waste created and discharged by such person. The control manhole shall be constructed at a location and in a manner approved by the Administrator, and shall be constructed and installed at the expense of the person discharging the waste. Said person shall also be responsible for the maintenance of said control manhole so that at all times it is in a safe, acceptable and proper operating condition.

C. If any person depositing or discharging industrial waste into the public sewer fails to secure an industrial waste permit within the time prescribed herein, or if any person allows or causes waste of unacceptable quality under the requirements of this section of this chapter to be discharged into any public sewer in the Town of Porter, the Administrator is authorized, if such person is using Town of Porter water, to disconnect such person's service line from the Town of Porter water system and/or the public sewer system, and the same shall only be reconnected at the owner's expense. If such person does not use Town of Porter water, the Administrator is authorized to disconnect such person's service line from the sewer system, and the same shall only be reconnected at the owner's expense. The Administrator shall notify the occupant or user of the premises wherein the waste is generated 48 hours before disconnecting either service line. No disconnected sewer or water connection shall be reconnected until the condition causing such disconnection has been corrected.

D. The inspectors, agents, or representatives of the Town of Porter charged with the enforcement of this section of this chapter shall be deemed to be performing a governmental function for the benefit of the general public, and neither the Town of Porter, the Administrator, nor the individual inspector, agent or representative shall be held liable for any loss or damage, whether real or asserted, caused or alleged to have been caused as a result of the performance of such governmental function. The owners or occupants of premises where industrial waste is created or discharged into the sewer shall allow the Administrator free access at all reasonable times to all parts of such premises for the purpose of inspection and/or sampling, or the performance of any of their duties hereunder, and the failure or refusal of such owners or occupants to comply with this provision shall constitute grounds for the disconnection of water and/or sewer service.

E. Each industrial waste permit shall be accompanied by a permit map drawn in a scale sufficient to show the locations of all sewers, pipes and drains which collect and convey wastewater, industrial wastes and/or cooling waters from their point of origin to the public sewers. Each pipe or sewer shall be labeled and noted as to the substance it is conveying. Each inlet or entrance point into the sewer system shall be shown on the map, and each point shall be labeled with all substances or wastes which can enter the system at that point.

F. Industrial users shall submit yearly reports, or more often if deemed necessary by the Administrator, indicating the volume of flow measurements and characteristics and concentrations for each waste entering public sewers and/or watercourses for their particular facility. All tests and reports shall be performed and prepared at the expense of the person discharging the waste. Each report, test, measurement, and analysis shall be identified by the appropriate Town Industrial Permit Number, control manhole location, and point of discharge into the public sewer or watercourse.

G. An industrial waste permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation (the initial permit was issued to a specific user for a specific operation).

[Added 3-23-1981 by L.L. No. 1-1981]

H. An industrial discharger shall apply for a permit modification if production or process is changed so that the wastewater characteristics or flows are altered.

[Added 3-23-1981 by L.L. No. 1-1981]

I. Notwithstanding the provisions of this section, no person shall discharge, and the Administrator shall not authorize the discharge of any materials other than stormwater into the municipal separate storm sewer system, except as provided in Article V of these regulations.

[Added 11-13-2007 by L.L. No. 2-2007]

§ 145-10 Use of public sewers; other discharge.

A. No person shall discharge or cause to be discharged any of the following described waters or wastes into any public sewer if, in the opinion of the Administrator, such wastes could harm the sewers, sewer treatment process or equipment, have an adverse effect on the receiving stream, or otherwise endanger life, limb, public property or constitute a nuisance, said Administrator may prohibit such discharges:

(1) Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas;

(2) 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 wastewater treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the wastewater treatment plant, including but not limited to cyanides in excess of two mg/l as CN in the wastes as discharged to the public sewers;

(3) Any waters or wastes having a pH lower than 5.5 or higher than 9.5 or having any other corrosive property capable of causing damage or hazard to buildings, equipment, and personnel of the wastewater facilities;

(4) Solid or viscous substances in such quantities, or of such size, so as to be capable of causing obstruction to the flow in sewers, or of causing other interference with the proper operation of the wastewater facilities. Such solid or viscous substances include but are not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, paint, plastics, wood, unground garbage, whole blood, paunch, manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders;

(5) Any noxious or malodorous substances capable of forming a gas which, either singly or by interaction with other substances, is capable of causing objectionable odors or hazards to life, or of forming solids in concentrations exceeding limits established in this chapter, or of creating any other condition deleterious to structures or treatment processes, or which requires unusual provisions, attentions or expense to handle; and

(6) Cooling water unless it is unpolluted and below 150° F. (65° C.) or even below a lesser temperature ceiling.

B. No person shall discharge or cause to be discharged into the public sewer the following described substances or materials, if in the opinion of the Administrator such substances or materials could harm the sewers, sewer treatment process or equipment, have an adverse effect on the receiving stream, or otherwise endanger life, limb, public property or constitute a nuisance. In forming his opinion as to the acceptability of these substances or materials, the Administrator shall give consideration to such factors as the quantities of the subject substances or materials in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the wastewater treatment process, capacity of the wastewater treatment plant, degree of treatability of wastes in the wastewater treatment plant, and other pertinent factors. The substances or materials prohibited are:

(1) Any liquid or vapor having a temperature higher than 150° F. (65° C.) or in such quantities that the temperature at the treatment works influent exceeds 104° F. (40° C.).

[Amended 3-23-1981 by L.L. No. 1-1981]

(2) 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 32° F. (0° C.) and 150° F. (65° C.).

(3) 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 hp metric) or greater shall be subject to the review and approval of the Administrator.

(4) Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions, whether neutralized or not.

(5) Any waters or wastes containing iron, chromium, copper, zinc, and other objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such a degree that any such material received in the composite wastewater at the wastewater treatment plant exceeds the concentrations prescribed herein or exceeds the limits established by the Administrator for such materials.

(6) The following toxic substances in concentrations exceeding the twenty-four-hour average limitation set forth below:

[Amended 3-23-1981 by L.L. No. 1-1981]

	Substance	Limit (mg/L)
	Cadmium	0.8
	Hex. chromium	0.4
	Total chromium	8.0
	Copper	1.6
	Lead	0.4
	Mercury	0.4
	Nickel	8.0
	Zinc	2.4
	Arsenic	0.4
	Available chlorine	50.0
	Cyanide-free	0.8
	Cyanide-complex	3.2
	Selenium	0.4
	Sulfide	12.0
	Barium	8.0
	Manganese	8.0
	Gold	0.4
	Silver	0.4
	Fluorides	8.0
	Phenol	8.0

(7) Any waters or wastes containing phenols or other taste- or odor-producing substances, in concentrations exceeding limits which may be established by the Administrator as necessary, after treatment of the composite wastewater, to meet the requirements of the state, federal, or other public agencies having jurisdiction over such discharge into the receiving waters.

(8) Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Administrator in compliance with applicable state or federal regulations.

(9) Any waters or wastes having a pH in excess of 9.5.

(10) Materials which exert or cause:

(a) Unusual concentrations of inert suspended solids, including but not limited to fullers earth, lime slurries and lime residues, or dissolved solids, including but not limited to sodium chloride and sodium sulfate.

(b) Excessive discoloration, including but not limited to dye wastes and vegetable tanning solutions.

(c) Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities so as to constitute a significant load on the wastewater facilities.

(d) Unusual volume of flow or concentration of wastes constituting "slugs" as defined herein.

(11) Waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed, or are amenable to such treatment only to such a degree that the wastewater treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over the discharge into the receiving waters.

(12) Any water or waste that contains more than 10 parts per million of the following gases: hydrogen sulfide, sulphur dioxide or nitrous oxide.

(13) Any substance which may cause the POTW's effluent or any other product of the POTW such as residues, sludge, or scums, to be unsuitable for reclamation process where the POTW is pursuing a reuse and reclamation program. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations affecting sludge use or disposal development pursuant to the Solid Waste Disposal Act, or the Clean Air Act, the Toxic Substance Control Act, or state criteria applicable to the sludge management method being used.

[Added 3-23-1981 by L.L. No. 1-1981]

C. Drains receiving acid waste (pH 5.5 to 7.0) shall be constructed of acid-resisting material. Such drains located outside of a building shall be constructed of vitrified clay or earthenware pipe or other approved acid-resisting material. Joints shall be watertight and made of acid-resistant material. In no case shall corrosive waste be discharged into a drain, sanitary sewer, storm sewer or soil or waste pipe without being first diluted or neutralized in such manner so as to render said waste noncorrosive. Such waste shall be treated by passage through a properly trapped dilution or neutralizing catch basin which shall function automatically. Notwithstanding the foregoing, no such diluted or neutralized corrosive waste shall be discharged into the municipal separate storm sewer system unless such waste contains no contaminants, except as provided in Article V of these regulations.

[Amended 11-13-2007 by L.L. No. 2-2007]

D. Authority of Director.

(1) If any waters or wastes are discharged or are proposed to be discharged into the public sewers, which said waters or wastes contain the substances or materials or possess the characteristics enumerated in Subsection B of this section, and which in the judgment of the Administrator may have a deleterious effect upon the wastewater facilities, processes, equipment or receiving waters, or which otherwise may create a hazard to life or constitute a public nuisance, the Administrator may:

(a) Reject the wastes;

(b) Require pretreatment to achieve an acceptable condition before discharge to the public sewers;

(c) Require control over the quantities and rates of discharge; and/or

(d) Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of § 145-13I and J.[1]

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

(2) If the Administrator permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the requirements of all applicable codes, rules and regulations, ordinances and laws.

E. Grease, oil and sand separators shall be provided when, in the opinion of the Administrator, 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 separator shall not be required for private living quarters or dwelling units. All separators shall be of a type and capacity approved by the Administrator, and shall be located so as to be readily and easily accessible for cleaning and inspection.

F. All major contributory industries as defined by 40 CFR 128.24 must comply with federal pretreatment standards and any other applicable requirements promulgated by the Environmental Protection Agency in accordance with Section 307 of the Federal Water Pollution Control Act Amendments of 1972, as well as pretreatment standards required by the Town.

G. 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 own expense.