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 Town of Elma or in any area under the jurisdiction of said
municipality, any human or animal excrement, garbage, or objectionable
waste. Also, no person shall discharge domestic sewage onto the surface
of the ground or discharge it in a way that permits it to come to
the surface of the ground.
No person shall connect a private sewage system so that sewage
flows into a storm sewer or into a drain intended exclusively for
stormwater.
No person shall discharge sewage into a well.
[Amended 12-19-2007 by L.L. No. 3-2007]
It shall be unlawful to discharge to any natural outlet, within the Town of Elma, or in any area under the jurisdiction of said municipality, any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter. Notwithstanding the foregoing, no materials other than stormwater shall be discharged into the MS4 except as provided in Article
XV of this chapter.
No property owner, builder, or developer shall be issued a building
permit for a new dwelling or structure requiring sanitary facilities
unless a suitable and approved method of wastewater disposal, conforming
to this chapter, is available. All housing construction or building
development which takes place after this chapter is enacted shall
provide for an approved system of sanitary wastewater treatment.
Except as hereinafter provided, it shall be unlawful to construct
or maintain any privy, privy vault, cesspool, septic tank, or other
facility intended or used for disposal of wastewater when sanitary
sewers are available. Septic systems approved by the Erie County Health
Department are to be installed when sanitary sewers are not available.
The owner(s) of all houses, buildings, or properties used for
human occupancy, employment, recreation, or other purposes, situated
within the Town of Elma Sewer District, and abutting on any street,
alley, or right-of-way in which there is now located or may, in the
future, be located a public sewer, is hereby required, at the owner's
expense, to install suitable sanitary facilities therein, and to connect
such facilities directly with the proper public sewer, in accordance
with the provisions of this chapter, within 90 days after official
notice to do so, provided that said public sewer is within 100 feet
(30.5 meters) of the property line.
The use of the Town of Elma public sewers shall be strictly limited and restricted, except as provided in §
115-14, to receive and accept the discharge of sewage and other wastes, including industrial wastes generated on or discharged from real property within the bounds of the service area of the POTW.
At the recommendation of the Superintendent, who determines
that one or more segments of the POTW is exceeding its hydraulic capacity
at any time any specific purpose of this chapter is being violated,
the Town of Elma Board shall have the authority to limit or deny new
connections to the POTW until the conditions leading to the moratorium
are corrected. Such correction may be by:
A. Construction of new facilities.
B. Enlarging existing facilities.
C. Correction of inflow and infiltration.
D. Cleaning and repairing of existing facilities.
All requirements, directives, and orders calling for mandatory
use of the sewers, within the service area of the POTW, for the proper
discharge of sewage and other wastes, including industrial wastes,
shall be established and given by the Town of Elma Board, NYSDEC,
USEPA, and/or other such state or federal agencies which have enforcement
powers.