Village of Washingtonville, NY Article III Sewer Use Rules and Regulations

[Adopted 1-5-1976 by L.L. No. 1-1976]

§ 140-13 Definitions and word usage.

A. Unless the context specifically indicates otherwise, the meanings of terms used in this Article shall be as follows:

BOD (denoting "biochemical oxygen demand")

The quantity of oxygen utilized in the biochemical oxidation of organic or other unstable matter under standard laboratory procedure in five days at 20° C., expressed in parts per million in weight.

BUILDING DRAIN

That part of the lowest horizontal piping of a building drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of any building and conveys such discharge to the building wall.

BUILDING SEWER

That part of the horizontal piping of a drainage system which extends from the end of the building drain and which receives the discharge of the building sewage disposal system or other point of disposal.

COMBINED SEWER

A sewer receiving both surface runoff and sewage (sanitary wastes and/or industrial wastes).

GARBAGE

Solid wastes from the preparation cooking and dispensing of food and from the handling, storage and sale of produce.

INDUSTRIAL WASTES

The liquid wastes resulting from the processes employed in industrial establishments and which are free of fecal matter.

INSPECTOR

The person or persons duly authorized by the sewage treatment plant operator to inspect and approve the installation of building sewers and their connection to the public sewer system.

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

INTERCEPTOR

A device designed and installed so as to separate and retain deleterious, hazardous or otherwise undesirable matter such as grease, oil or sand from normal wastes and permit only normal sewage or liquid wastes to discharge into the disposal terminal by gravity.

NATURAL OUTLET

Any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater.

PERSON

Any individual, firm, company, association, society, corporation or group.

pH

The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

PRIVATE SEWER

A sewer privately owned and not directly controlled by public authority.

PROPERLY SHREDDED GARBAGE

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 in any dimension.

PUBLIC SEWER

A common sewer directly controlled by public authority.

SANITARY SEWER

A pipe which carries sewage and excludes stormwater, surface water and groundwater.

SEWAGE

Any liquid waste containing animal, human or vegetable matter in suspension or solution and may include liquids containing chemicals in solution.

SEWAGE TREATMENT PLANT

Any arrangement of devices and structures used for treating sewage.

SEWAGE WORKS SYSTEM

All facilities for collecting, pumping, treating and disposing of sanitary sewage.

Editor's Note: Original Section 1-b, Superintendent, which immediately followed this definition, was deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

SEWER

A pipe or conduit for carrying sewage.

SLOPE

The grade or pitch of a line of pipe in reference to a horizontal plane. In drainage, it is usually expressed as the fall in a fraction of an inch per foot length of pipe.

SLUG

Any discharge of water or waste which, in concentration of any given constituent or in quantity of flow, for any period of duration longer than 15 minutes, exceeds five times the average twenty-four-hour concentration or flow occurring during normal operation and adversely affects the collection system and/or performance of the sewage treatment plant.

[Added 4-4-1983 by L.L. No. 2-1983]

STORM SEWER or STORM DRAIN

A sewer used for conveying rainwater, surface water, condensate, cooling water or similar liquid wastes, exclusive of sewage and industrial waste.

SUSPENDED SOLIDS

Solids that either float on the surface or are in suspension in water, sewage or other liquids and which are removable by laboratory filtering.

WATERCOURSE

A channel in which a flow of water occurs, either continuously or intermittently.

B. "Shall" is mandatory; "may" is permissive.

C. Any American Society for Testing and Materials (ASTM) or federal specifications referred to in this Article shall mean the latest published amendments or revisions applicable at any time.

§ 140-14 Connection to municipal sewer required.

A. 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 of Washingtonville or in any area under the jurisdiction of said village any human or animal excrement, garbage or other objectionable waste.

B. It shall be unlawful to discharge to any natural outlet within the Village of Washingtonville 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.

C. The owner of any property used for human occupancy, employment, recreation, commerce, industry or other public purpose which abuts on any street or right-of-way in which there is located a public sanitary sewer of the Village of Washingtonville is hereby required, at his expense, to connect its plumbing facilities directly with said public sanitary sewer in accordance with the provisions of this Article within 30 days of the notice to do so, provided that said public sewer is within 150 feet of a building containing plumbing facilities. The property owner must connect to the curb connection, which curb connection will be constructed by the Village Sewer Department.

D. Where a public sewer is not available as defined in § 140-13, the private sewage disposal system shall remain under the jurisdiction of the Orange County Department of Health.

E. Disposal into the sewer system of any pollutant by any person is unlawful except in compliance with federal standards promulgated pursuant to the Federal Water Pollution Control Act Amendments of 1972 (FWPCAA), also known as PL 92-500, and any more stringent state and local standards.

[Added 4-4-1983 by L.L. No. 2-1983]

F. Before commencement of construction of a private sewage disposal system for sanitary, industrial or other wastes, the owner shall first obtain a written permit signed by the sewage treatment plant operator. A permit and inspection fee of $5 shall be paid to the district at the time the application is filed.

[Added 4-4-1983 by L.L. No. 2-1983

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

]

§ 140-15 Surface waters and stormwaters.

No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff or subsurface drainage to any sanitary sewer. Combined sewers transporting both stormwater and sanitary wastes (and/or industrial wastes) shall not be allowed to continue in use, if such are actually in use, or to be constructed at any time in the future.

§ 140-16 Prohibited waste discharges.

A. No person shall discharge or cause to be discharged any of the following described wastes or waters to the Washingtonville sanitary sewer system:

(1) Any liquid or vapor having a temperature higher than 150° F. or a temperature such that the temperature of the influent to the sewage treatment plant shall exceed 103° F.

[Amended 4-4-1983 by L.L. No. 2-1983]

(2) Any sewage or waste which may contain more than 100 parts per million by weight of fat, oil or grease, on an average over a two-hour period.

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

(4) Any garbage that has not been properly shredded.

(5) Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure or any other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works.

(6) Any sewage or wastes having a pH lower than 5.5 or higher than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works.

(7) Any sewage or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals or create any hazard in the receiving waters of the sewage treatment plant.

(8) Any sewage or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant.

(9) Any noxious or malodorous gas or substance capable of creating a public nuisance.

(10) Any untreated contaminated [see Subsection A(11)] cooling water or any uncontaminated cooling water.

(11) Any industrial, institutional or commercial waste that contains concentrations of parameters in excess of the limits set forth in § 140-32 of this Article. These lists may be modified if pollutant concentrations or additional pollutants are indicated in the future as having deleterious effects on the functioning of the sewage treatment plant or on the biota of the receiving stream.

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

B. No person shall discharge or cause to be discharged the following described substances, materials, waters or wastes if they are prohibited wastes as defined in 40 CFR 128.131 of the Federal Register or if it appears likely, in the opinion of the sewage treatment plant operator, that such wastes can harm either the sewers, sewage treatment process or equipment, have an adverse effect on the property or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the sewage treatment plant operator 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.

[Added 4-4-1983 by L.L. No. 2-1983

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

]

(1) Any water or waste containing fats, wax, grease or oils or other substances which may solidify or become viscous at temperatures between 32° F. and 150° F. (65° C.).

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

(3) 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 sewage treatment plant operator for such materials.

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

(4) Any waters or wastes containing phenols or other taste or odor-producing substances, in such concentrations exceeding limits which may be established by the sewage treatment plant operator as necessary after treatment of the composite sewage, to meet the requirements of the state, federal or other public agencies of jurisdiction for such discharge to the receiving waters.

(5) Any radioactive waste or isotopes of such half-life or concentration as may exceed limits established by the sewage treatment plant operator in compliance with applicable state or federal regulations.

(6) Materials which exert or cause:

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

(b) Excessive discoloration (such as but not limited to dye wastes and vegetative tanning solutions).

(c) Unusual BOD, chemical oxygen demand or chloride requirements in such quantities as to constitute a significant load on the sewage treatment works.

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

(7) Waters 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 waters.

§ 140-17 Wastes subject to Board approval; control manholes; preliminary treatment facilities.

A. The admission into the public sewers of any sewage or wastes having a five-day biochemical oxygen demand greater than 300 parts per million by weight or containing more than 350 parts per million by weight of suspended solids or having the characteristics described in § 140-20 or having an average daily flow greater than 5% of the average daily sewage flow of the village or violating the objectionable substance limitations shall be subject to the review and approval of the Board of Trustees. Where necessary in the opinion of the Board of Trustees, the owner shall provide, at his expense, such preliminary treatment as may be necessary to reduce the biochemical oxygen demand to 300 parts per million and the suspended solids to 350 parts per million by weight or to reduce objectionable characteristics or constituents to within the maximum limits provided for in § 140-20 or in the objectionable substance limitations or to control the quantities and rates of discharge of such sewage or wastes. Plans, specifications and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted to the Village Engineer. The Village Engineer shall make a recommendation to the Board of Trustees before the Board decides what pretreatment, if any, is required.

B. Where preliminary treatment facilities are provided, they shall be maintained continuously in satisfactory and effective operation by the owner, at his expense.

C. When required by the Village Engineer or the sewage treatment plant operator, 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 accessible and safely located and shall be constructed in accordance with plans approved by the sewage treatment plant operator. 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.

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

D. 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 pH is determined from periodic grab samples.)

E. Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers or to a natural outlet approved by the sewage treatment plant operator. Industrial cooling water or unpolluted process waters may be discharged, on approval of the sewage treatment plant operator, to a storm sewer or a natural outlet to a watercourse.

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

F. If the sewage treatment plant operator permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the sewage treatment plant operator and subject to the requirements of all applicable codes, ordinances and laws. Major contributing industries, as defined in 40 CFR 128.124 of the Federal Register, with applicable waste discharge components shall meet the pretreatment standards and any other applicable requirements promulgated by the United States Environmental Protection Agency in accordance with Section 307 of FWPCAA. Industries must provide information describing wastewater constituents and characteristics and the type of activity involved. Specific information is required in the initial application on the anticipated flow, pH, settleable and floating solids, suspended solids, oil and grease, BOD, ammonia nitrogen, total Kjeldahl nitrogen, phosphorus, coliform and fecal coliform bacteria and heavy metal concentrations or values anticipated as well as other specific parameter levels as determined by the sewage treatment plant operator. Major contributing industries, and other industries as deemed necessary, must file a bimonthly report on the constituents and characteristics of their wastewaters. Semiannual testing of the industrial wastewater shall be done for the district by an independent firm, the cost of which testing shall be borne by the affected industry.

[Added 4-4-1983 by L.L. No. 2-1983

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

]

§ 140-18 Inspections; testing.

A. Where required by the Board of Trustees, the owner of any property served by a building sewer carrying industrial or unusual wastes shall provide facilities suitable for observation, sampling and measurement of the wastes.

B. The sewage treatment plant operator and other duly authorized employees of the District and/or the United States Environmental Protection Agency and the New York State Department of Environmental Conservation bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this Article. The sewage treatment plant operator or his representatives shall have no 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.

[Added 4-4-1983 by L.L. No. 2-1983

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

]

§ 140-19 Contracts with special users.

No statement contained in this Article 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, provided that such agreement is approved by the Board of Trustees of the Village of Washingtonville.

§ 140-20 Grease, oil and sand interceptors.

A. Grease, oil and sand interceptors shall be provided when, in the opinion of the Village Engineer or sewage treatment plant operator, they are necessary for the proper handling of liquid wastes containing grease in excessive amount or any flammable wastes, sand and 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 sewage treatment plant operator or Village Engineer and shall be located so as to be readily and easily accessible for cleaning and inspection. Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight and equipped with easily removable covers, which when bolted shall be gastight and watertight.

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

B. Where installed, all interceptors shall be maintained by the owner at his expense and in continuously efficient operation at all times.

C. Specific entities requiring interceptors:

(1) Garages and automobile washing establishment. No person operating or owning a commercial garage or automobile wash rack shall permit any sewage or effluent therefrom to flow into any public sewer or house connection sewer unless such wash rack is roofed over and is equipped with a standard sand and grease trap approved by the Village Engineer.

(2) Restaurant sinks and dishwashers. Every dishwashing sink, dishwashing machine or other device intended or used for washing dishes and cooking utensils in any establishment serving 100 or more meals per day shall be connected to the house connection sewer through a grease interceptor as hereinafter provided.

(3) Industrial sand and grease interceptors required. Every fowl or animal slaughterhouse and every meat packing or meat curing establishment and all equipment and all equipment in any soap factory, tallow rendering, wool pulling, hide tanning or hide curing establishment or other industry from which any considerable amounts of grease or sand are to be discharged shall be connected with the public sewer through a grease trap or sand and grease trap as hereinafter provided.

D. Minimum performance of traps. No grease trap shall be connected with the public sewer which has a rate of flow of less than 16 gallons per minute and a grease retention capacity of less than 18 pounds.

§ 140-21 Sanitary sewers.

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

Sanitary sewers shall not be less than eight inches in diameter and/or of adequate size and capacity to serve their tributary area on the design basis of 100 gallons of average daily sewage flow per capita per day contributed by the estimated future tributary population. Slope of the sanitary sewers shall be such so as to provide a minimum velocity of two feet per second or a maximum velocity of 15 feet per second when said sewer is flowing full and the appropriate pipe roughness coefficient as approved by the sewage treatment plant operator is utilized. For new subdivisions and commercial developments, all pipe and fittings shall conform to the sizes shown on the drawings and shall be PVC or other materials, subject to Engineer's approval. PVC pipe and fittings shall be SDR-35 and shall meet or exceed the requirements of ASTM Specification D3034. All pipe shall be homogeneous throughout and free from visible cracks, holes, foreign inclusions or other injurious defects. Provision must be made for contraction and expansion at each point with a rubber ring. The pipe shall be installed as per manufacturer's recommendations. The village reserves the right to specify and require the encasement of any sewer pipe with concrete or the installation of the sewer pipe in concrete cradles if foundation and construction conditions are such as to warrant such protection in the opinion of the Village Engineer.

§ 140-22 Trench bottoms.

Editor's Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

The trench bottoms should be smooth and free from stones greater than one-half-inch diameter, large dirt clods and any frozen material. Generally, loose material left by the excavator on the trench bottom will be adequate for bedding the pipe barrel so that it is fully supported. Where the excavator cuts a very clean bottom, soft material can be shaved down from the sidewalls to provide needed bedding. If the trench bottom is rocky or hard, as in shale, a four-inch layer of selected backfill material shall be placed to provide a cushion for the pipe.

§ 140-23 Laying of PVC pipe.

Editor's Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

A. All PVC gravity pipe shall be laid according to manufacturer's recommended procedures.

B. Bell holes shall be excavated in the trench bottom to assure uniform support under the barrel of the pipe. PVC gravity pipe shall be bedded in four inches of sand free from stones larger than one inch.

C. All pipes and fittings shall be carefully handled to avoid damage, and while they are suspended over the trench, before lowering, they shall be inspected for defects. Before the pipe is laid, all lumps, blisters, excess coal tar, dirt, oil, grease and moisture shall be removed from inside the pipe. After pipe is laid, care shall be taken to avoid the entrance of dirt or water from the trench by use of tight bulkheads. The handling of material shall conform to AWWA Standard C-600, AWWA Manual M-23 and manufacturer's recommendations.

§ 140-24 Jointing.

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

A. Joint material for the pipeline shall be as specified for the type of pipe. Since the greatest source of leaks in pipelines is at joints, special care and handling shall be used in the preparing for and the making of said joints. Pipes at joints shall be clean and free from any foreign material, dirt and so forth. Manufacturer's recommendations and ASTM D2855 shall be followed for PVC pipe and fittings.

B. Rubber rings shall be carefully installed and pipes carefully forced together to complete the joint. After joint is completed, a test gauge shall be used on every joint to determine the position of the rubber ring.

C. Teflon tape shall be used where threaded connections are called for.

§ 140-25 Service connections.

Editor's Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

Where service connections are to be provided, a six-inch tee-wye fitting shall be installed. Ends of the tee-wye fittings shall be provided with an air- and watertight cap to permit future testing of the pipeline. Four-foot-long, two-inch by four-inch lumber shall be set one foot in front of the plug.

§ 140-26 Testing.

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

A. Testing gravity sewers. All sewer lines shall be tested upon completion of their installation. Sections of sewer which fail to pass the test should have defects located and repaired or replaced and be retested until within specified allowances. Prior to any test, all sewer lines should be cleaned by flushing. The flushing velocity shall not be less than 2.5 feet per second. No site for flushing should be chosen unless it has been determined that drainage is adequate.

B. Visual test. All sewer lines shall be inspected visually to verify accuracy of alignment and freedom from debris and obstructions between manholes.

C. Leakage test.

(1) At intervals ordered or approved by the Engineer, and not to exceed lengths of 1,000 feet, the pipe, including manholes, shall be tested for leakage by measuring infiltration over a watertight weir installed at the lower end of each section under test or by filling the pipe with water and measuring the loss in a given period of time. The former method may be used when groundwater levels are at least two feet above the top of the pipe for the entire length of the section tested during the period of the tests. If groundwater levels are lower, the tests shall be made by filling the pipe with water to provide a head at least two feet above either the top of the pipe at the highest point of the pipe line under test or at groundwater level, whichever is higher. The tests shall be carried out for a period of at least two hours. The total leakage of any section shall not exceed the rate of 100 gallons per mile of pipe per 24 hours per inch of nominal diameter. If leakage exceeds the specified amount, the contractor shall make the necessary repairs or replacements required to reduce the leakage to within the specified limits and the tests shall be repeated until the leakage requirement is met.

(2) Alternately, an air test may be performed in lieu of the infiltration or exfiltration test, if approved by the Engineer. The air test shall be performed in accordance with the current ASTM C-828 and manufacturer's recommended procedures. The back pressure due to groundwater shall be determined. Starting pressure for the test shall be at least 3.5 pounds per square inch gauge greater than the average back pressure above the pipe invert. The minimum time, in seconds, required for 0.5 pounds per square inch pressure drop from the starting pressure shall not be less than 462 times the pipe diameter in feet. If any test or any section of pipeline discloses an air loss rate greater than that permitted, the contractor shall, at his own expense, locate and repair the defective joints and pipe and retest until the air loss rate is within the specified limits.

D. Deflection test.

(1) Pipe deflection shall be measured not less than 90 days after the backfill has been completed as specified and shall not exceed 7.5% of base diameter as described in ASTM 3034.

(2) Deflection shall be measured with a rigid mandrel (Go/No/Go) device, cylindrical in shape and constructed with a minimum of nine or 10 evenly spaced arms or prongs. Drawings of the mandrel with complete dimensions shall be submitted to the Engineer for each diameter of pipe to be tested. The mandrel shall be hand pulled by the contractor through all sewer lines. Any section of sewer not passing the mandrel shall be corrected either by uncovering the sewer and replacing it and/or recompacting the trench or by a use of a device specifically designed to be inserted in PVC pipe in order to reshape the pipe and to compact the soil around the pipe. The pipe shall be retested not less than 90 days after the correction has been made.

E. General. The contractor shall furnish the necessary equipment, materials and labor for making the tests as specified and shall perform the tests at his own expense and in the presence of the Village Engineer or authorized inspector.

§ 140-27 Manholes.

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

A. Manholes shall be constructed of precast concrete rings, with manhole ring gaskets, with cast-iron frames and covers. Base slabs shall be at least eight inches thick. All sections of the manhole shall conform to Specifications for Precast Reinforced Concrete Manhole Sections, ASTM Specification C-478.

B. Manholes shall be built up so that the cover, when in place, will be at the required grade. However, concrete blocks and/or brick shall not be used for buildup of more than 11 inches. All covers shall be of cast iron and shall be of the same design. The frame and cover shall be Campbell Foundry Pattern No. 1007C or approved equal. Manhole steps shall be provided as shown on the drawings. Each manhole shall have a smooth concrete channel built between the pipes. The channel should be a smooth continuation of the pipes providing good hydraulic properties. In manholes on straight runs, a half of pipe can be laid between the pipes to provide smooth bottom of the channel. The completed channel cross section should be U-shaped. The height of the channel shall be the full diameter of pipes. Benches on sides of the channel should provide good footing, with a slope of one inch in 12 inches toward the channel. Wherever the difference in elevation between incoming sewer and the outgoing sewer is 24 inches or more, a drop connection shall be provided. If the difference in elevation is less than 24 inches, the channel shall be filleted to prevent deposition of solids.

§ 140-28 Connection to public sewer.

A. In all public streets in existence on the date of the passage of this Article, the village will make curb connections, i.e., the Village Sewer Department will tap the sewer main and bring a four-inch curb connection from the sewer main to the edge of the pavement. The property owner must make the service connection from the curbline to his houses.

B. No person shall make any connection with the curb connection or a public sewer without first obtaining a permit from the village. There shall be a building sewer permit required for service connections to the public sewer system. The application shall be accompanied by plans and whatever other information is considered pertinent in the judgment of the inspector.

C. A permit and inspection fee will be charged for the installation of sewer lines. For purposes of this section, unless otherwise designated by the Village Board, the Village Engineer or the village sewage treatment plant operator or their agents are the village sewer inspectors.

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

D. Powers and authority of Inspectors. The Village Engineer and/or his duly authorized agents shall be permitted to enter upon all properties for the purposes of inspection, observation, measurement and general enforcement of this Article. The Village Engineer may act for the Building Inspector in the enforcement of the sewerage aspects of the New York State Uniform Fire Prevention and Building Code, which the Village of Washingtonville has adopted.

E. Old building sewers. The lines outside buildings leading to the curb connections or public sewer may be used by property owners only if they are watertight, gastight and meet all other aspects of this section, except that of crushing strength.

F. Alternate I: building sewers zero to two feet deep and more than seven feet deep. The building sewer shall be constructed of extra-strength vitrified clay sewer pipe conforming to the ASTM Specification C-700 Type III; or cast-iron soil pipe ASTM A 74; or asbestos cement ASTM C644 or PVC pipe SDR35 ASTM D3034. The crushing strength of the pipe shall be a minimum of 2,000 pounds per foot.

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

G. Alternate II: building sewer two feet to seven feet deep. The building sewer shall be constructed of vitrified clay sewer pipe meeting ASTM Specification C-700 or cast-iron soil pipe meeting ASTM A-74 or PVC pipe SDR35 ASTM D3034 or other equivalent material having a minimum crushing strength of 1,200 pounds per foot and meeting all specifications of this section.

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

H. The size and slope of the building sewer from the building drain to the main public sewer shall be subject to the approval of the sewage treatment plant operator. In no case shall the diameter of the building sewer be less than four inches between the building drain and the main public sewer. The slope of the pipe shall not be less than 1/4 inch per foot. Proper reducer or increaser fittings shall be used between all changes of pipe sizes and materials so as to make a water- and gastight joint.

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

I. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sewage carried by such drains shall be lifted by approved artificial means and discharged to the building sewer at the owner's expense. No water-operated sewage ejector shall be used.

J. All excavations required for the installation of a building sewer shall be open trench work unless otherwise approved by said inspector. Pipe laying and backfill shall be performed in accordance with ASTM C12-58T specifications except as modified in these rules and regulations. No backfill shall be placed until the work has been inspected by the inspector or his representative. Building sewers and water service branches or connections shall not be laid in the same trench.

K. All joints shall be tight and gastight.

L. New materials and methods of construction. Alternate materials and methods may be used only if they have been specifically approved by the Village Engineer. The Engineer may approve any alternate, provided that the proposed design is satisfactory and complies with the intent of this Article and that the material or method of work offered is for the purpose intended, at least the equivalent of that here prescribed in quality, strength, effectiveness, durability and safety.

M. Fresh-air vents and gas traps shall be required in all buildings connected to a public sewer.

N. Repairs. Repairs to sewage connections shall be made with such materials as are provided for by this Article for new work insofar as is practical.

O. Maintenance of the sewer from the pavement line into the house is the responsibility of the property owner. In the event that a property is unable to discharge its wastes into the public sewer, it will be presumed that the fault is in the private connection, unless contrary facts are in evidence.

P. There shall be two classes of building sewer permits: for residential and commercial service and 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 district. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the sewage treatment plant operator. Renewal of the permit is not required unless termination of the disposal authorization has occurred. In such a case, a renewal application will be treated as a new application requiring the filing of a separate form and submittal of all required information.

[Added 4-4-1983 by L.L. No. 2-1983

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

]

§ 140-29 Violations and remedies.

A. In the event that any property owner shall fail or refuse to connect to the sanitary sewer system of the Village of Washingtonville when the property owner's land abuts upon a street or right-of-way which has a sewer main in the same and the sewer main is within 150 feet of a building containing plumbing facilities and after written notice has been given to the property owner to hook on, then the village shall have the right to make the connection to the village sanitary sewer main by entering the private property of said resident and hooking into any sewer outlet which can be found on the private property. All expenses, including labor and materials used in connecting the private sewer from the property line to the premises, shall be charged to the owner of the land, and in the event that it is not paid within 30 days shall become a lien against the property and shall be added to the general tax roll of the Village of Washingtonville against the name of the owner of the property at the time the work was performed.

B. The village shall also have the right to disconnect any improper connection from the public sewer after a written notice by the village to the property owner. In the event that the property owner fails to correct the connection, the village shall have the right to enter upon the property to make a proper connection and to assess all labor and material costs against the property in the same manner as set forth in Subsection A of this section.

C. In addition to the remedies set forth in Subsections A and B, a violation of any provision of this Article is hereby declared to be a violation as defined in the Penal Law. In the event that the violation is a continuing violation after due notice has been given to the offender, each day of the violation will be considered a separate offense. It shall be presumptive evidence of intent and willfulness in any criminal action under this subsection if a person refuses to hook onto the sanitary sewer system after he has been given at least 30 days' written notice by the Village of Washingtonville; or if he refuses to disconnect any improper connection made after written notice is given by the Village of Washingtonville; or if any connection is made into the sanitary sewer system of the Village of Washingtonville without the permission and approval of the village or its agents.

D. Such charge for material and labor expended by the village shall be a charge against the property, and in the event that it is not paid to the village within 30 days, then this charge shall become a lien upon the property and be added to the tax roll against the owner of the property at the time the work was done.

E. Violators: repairs and maintenance. Whenever a sewer user by reason of violating this Article causes obstruction, damage or destruction of a public sewer or appurtenances thereto, he shall reimburse the village for the cost of flushing, cleaning, repairing or replacing the public sewer involved. Such a charge shall be a lien on the property and shall be added to the village tax roll against the owner of the property.

F. Violation of this Article may also result in termination of the disposal authorization in cases of special significance as determined by the sewage treatment plant operator.

[Added 4-4-1983 by L.L. No. 2-1983

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

]

§ 140-30 Penalties for offenses; appeals.

[Added 4-4-1988 by L.L. No. 4-1988]

A. Liability for violations.

(1) Civil liability.

(a) A person who violates any of the provisions of this Article or terms of any permit issued hereunder or who fails to perform any duty imposed by this Article shall be liable to a penalty not to exceed $10,000 per day of such violation and, in addition, such person may be ordered to abate such violation as provided in § 140-29F. Violation of a permit condition shall constitute grounds for injunction and for revocation of such permit.

(b) All fines levied under this subsection as a result of a violation(s) caused by the use of property by or with the knowledge of the property owner or his agent shall be a lien upon the property and, if unpaid, shall be relevied on the village tax roll against the property owner.

(2) Criminal liability. Any person who, having any of the culpable mental states defined in § 15.05 of the New York State Penal Law, violates any of the provisions of this Article or terms of any permit issued hereunder or who fails to perform any duty imposed by this Article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $2,500 nor more than $25,000 per day of violation or by imprisonment for a term of not more than one year, or by both such fine and imprisonment. If the conviction is for an offense committed after a first conviction of such person under this subsection, punishment shall be by a fine of not more than $50,000 per day of violation or by imprisonment for not more than two years, or by both.

(3) In addition to or in lieu of the above penalties, any person who violates this Article or a permit term in the course of conducting a business for profit shall be liable to a penalty in the amount of 110% of the profits earned as a result of said violation.

B. Notice of violation; service.

(1) Wherever the village determines that a violation exists, a notice of violation shall be issued. Such notice shall state the nature of the violation; the provision or term violated; and a reasonable time to abate such violation. Nothing herein shall be construed so as to prevent the village from requiring the immediate abatement of a violation. The time to remedy shall be measured from the date the village determines a violation may exist.

(2) A notice of violation shall be served upon a person of suitable age and discretion either residing or employed at the premises where the violation exists or by service by certified mail upon the owner indicated on the current tax roll of the village to the address indicated therein and by posting of the copy of the notice at the premises where the violation exists.

C. Administrative appeal and hearing.

(1) Any person or owner of property who is served a notice of violation shall have the right to make an appeal to the Board of Trustees. All appeals shall be made within seven days of service of a notice of violation and shall be simultaneously submitted to the sewage treatment plant operator and the Board of Trustees. The making of an appeal shall not stay an order to abate contained in the notice of violation.

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

(2) The Board of Trustees shall set a date and time for a public hearing on any appeal. A notice of hearing shall be made by mailing a copy of such order by certified mail to the addresses of those persons having a recorded interest in real property in the premises as shown by the records of the County Clerk and by posting a copy of such order on said premises. The failure to provide notice to each such person shall not invalidate subsequent proceedings pursuant to this Article. The public hearing shall be set for a date not less than 15 days after the notice of hearing is mailed.

(3) The Board of Trustees shall conduct a public hearing at the time and place specified in the notice of hearing. The hearing may be adjourned from time to time and shall continue until all interested persons in attendance are heard. No formal rules of evidence need apply nor shall a stenographic transcript be required. The property owner shall have the right to present evidence and examine witnesses to show why penalties should not be assessed and/or why an order to abate should be suspended.

(4) The Board of Trustees shall make findings and make a determination. Such determination shall indicate the basis and rationale of the decision, shall state the dollar amount of fines and shall be supported by substantial evidence. Any fines imposed and the costs of the proceeding in such event shall be immediately due and payable and shall be paid within 15 days of their imposition. All fines and any expenses incurred by the village in connection with the proceedings shall be assessed against the land on which such building, structure or use is located and shall be levied and collected in the same manner as provided in Article 5 of the Village Law for the levy and collection of real property taxes.

(5) The determination of the Board of Trustees may be reviewed in a proceeding pursuant to Article 78 of the Civil Practice Law and Rules, provided that such proceeding is commenced within 30 days of such determination. Judicial review shall not stay any order to abate or stay payment of any fine imposed.

§ 140-31 Repealer.

The Sewer Use Ordinance adopted July 6, 1970, is hereby repealed.

§ 140-32 Regulated and prohibited substances.

A. Objectionable substance limitations. These waste limits are the maximum concentrations that can be discharged based on any single sample during a given day. This list is not to be construed as excluding other materials that may not be now included, since other problem-causing substances and concentration limitations may be added as their possible effect becomes apparent.

	Parameter	Discharge Limit (proposed as milligrams per liter, except pH and temperature)
	Temperature	150 degrees Fahrenheit
	pH	5.5 to 9.0
	BOD5	300
	COD	600
	NH3-N (free) or TKN	30
	Phosphorus, total	10
	Suspended solids	350
	Total solids	2,000
	Oil and grease	100
	Cyanide, free	0.2
	Cyanide, complete	0.5
	Cyanide, total	0.5
	Fluorides	3.0
	Iron	4.0
	Manganese	2.0
	Phenolics	1.0
	Sulfide	3.0
	Arsenic	0.05
	Barium	2.0
	Cadmium	0.05
	Chromium (hexavalent)	0.05
	Chromium (total)	2.0
	Copper	0.4
	Lead	0.1
	Nickel	2.0
	Selenium	0.1
	Silver (as free ion)	0.1
	Zinc	0.6
	Gold	0.1
	Aluminum	2.0
	Available chlorine	0.5
	Maximum total, heavy metals	10.0

B. Toxic pollutants not to be discharged to sanitary sewers. These wastes are not to be discharged to the sanitary sewers of the Village of Washingtonville because of their toxic effects on the sewage treatment plant biota and the biota of the stream into which the Village of Washingtonville sewage treatment plant discharges. This list may be added to at any future date as further extremely toxic contaminants and their effects may be identified.

(1) Aldrin.

(2) Benzidine and salts.

(3) DDT, DDD and DDE.

(4) Endrin.

(5) Mercury and compounds.

(6) PCB's (polychlorinated biphenylis).

(7) Toxaphene.