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Town of Elma, NY
Erie County
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Table of Contents
Table of Contents
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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.
A. 
The Town of Elma Board, on the recommendation of the Superintendent, shall have the authority to enter into agreements to accept sewage and other wastes, including industrial wastes, generated by or discharged from persons outside the service area of the POTW.
B. 
If the person is a municipality, that municipality shall have enacted a sewer use law as restrictive on the discharge of sewage and other wastes as the restrictions contained in this chapter.
C. 
If the person is not a municipality, the acceptance shall be made only with the expressed written consent of the Superintendent (the issuance of a permit) setting forth the terms and conditions of such an acceptance.
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.