[HISTORY: Adopted by the Board of Trustees
of the Village of Phoenix 9-3-2019 by L.L. No. 5-2019.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fire Prevention and Building Code — See Ch. 98.
Site plan review — See Ch. 153.
Storm sewers — See Ch. 163.
Stormwater management and erosion and sediment control — See Ch. 164.
Subdivision of land — See Ch. 169.
Water — See Ch. 196.
Zoning — See Ch. 205.
[1]
Editor's Note: This local law also provided for the repeal
of former Ch. 149, Sewers, adopted 2-4-2013 by L.L. No. 1-2013.
This Chapter 149 shall be known as "Sewer Use."
The general purpose of this chapter is the following: to provide
for efficient, economic, environmentally safe, and legal operation
of the Village's POTW.
The specific purposes of this chapter are the following:
A.
To prevent the introduction of substances into the POTW that will:
(1)
Interfere with the POTW in any way;
(2)
Pass through the POTW to the state's waters and cause contravention
of standards for those waters or cause violation of the POTW's
SPDES permit;
(3)
Increase the cost or otherwise hamper the disposal of POTW sludge
and/or residuals;
(4)
Endanger municipal employees;
(5)
Cause air pollution or groundwater pollution, directly or indirectly;
(6)
Cause, directly or indirectly, any public nuisance condition.
B.
To prevent new sources of infiltration and inflow and, as much as
possible, eliminate existing sources of infiltration and inflow.
C.
To assure that new sewers and connections are properly constructed.
D.
To provide for equitable distribution to all users of the POTW of
all costs associated with sewage transmission, treatment, and residuals
disposal and to provide for the collection of such costs.
A.
ABNORMAL SEWAGE
ACT or THE ACT
ADMINISTRATOR
AMMONIA
APPLICANT
APPROVAL AUTHORITY
APPROVED LABORATORY PROCEDURE
ASTM, denoting AMERICAN SOCIETY FOR TESTING AND MATERIALS
AUTHORIZED REPRESENTATIVE OF THE INDUSTRIAL USER
(1)
(2)
(3)
BOD, denoting BIOCHEMICAL OXYGEN DEMAND
BUILDER
BUILDING DRAIN
CHLORINE DEMAND
COD, denoting CHEMICAL OXYGEN DEMAND
COLOR
COMPOSITE SAMPLE
CONNECTION
CONNECTION CHARGE (TAP FEE)
CONTROL AUTHORITY
CONTROL MANHOLE
CONVENTIONAL POLLUTANT
COOLING WATER
COUNTY
DEVELOPER
DIRECT DISCHARGE
DOMESTIC WASTES
DRY SEWERS
EASEMENT
END OF PIPE
END-OF-PIPE CONCENTRATION
END-OF-PROCESS CONCENTRATION
EPA, USEPA, or UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
EXTENSION
FACILITY
FLOATABLE OIL
FLOW RATE
GARBAGE
GRAB SAMPLE
ICS FORM
INDIRECT DISCHARGE
INDUSTRIAL
INDUSTRIAL CHEMICAL SURVEY (ICS)
INDUSTRIAL USER
INDUSTRIAL WASTES
INFILTRATION
INFLOW
INTERFERENCE
(1)
(2)
(a)
(b)
(c)
(d)
(e)
LATERAL, BUILDING
LATERAL, STREET
NATIONAL CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT
NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE
STANDARD
NATURAL OUTLET
NEW OWNER
NEW SOURCE
NEW USER
NORMAL SEWAGE
NUISANCE
OIL AND GREASE
OLD OWNER
OTHER WASTES
PASS-THROUGH
PERMIT
PERSON
pH
PHOSPHORUS, TOTAL
POLLUTANT
POLLUTION
POTW TREATMENT PLANT
PRETREATMENT REQUIREMENTS
PRETREATMENT STANDARD or NATIONAL PRETREATMENT STANDARD
PRETREATMENT (TREATMENT)
PRIORITY POLLUTANTS
PROHIBITIVE DISCHARGE STANDARD
PROPERLY SHREDDED GARBAGE
PUBLICLY OWNED TREATMENT WORKS (POTW)
RECEIVING WATERS
RECORDS
ROOF DRAIN
SEPTAGE
SEPTIC TANK
SERVICE AREA OF THE POTW
SEWAGE
SEWAGE, DOMESTIC (DOMESTIC WASTES)
SEWAGE, NORMAL
(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(2)
SEWAGE, SANITARY
SEWAGE TREATMENT PLANT (WATER POLLUTION CONTROL PLANT)
SEWAGE, UNUSUAL STRENGTH OR CHARACTER
SEWER
SEWERAGE SURCHARGE
SEWERAGE SYSTEM (also POTW)
SEWER, COMBINED
SEWER, PUBLIC
SEWER, SANITARY
SEWER, STORM (STORM DRAIN)
SIGNIFICANT INDUSTRIAL USER
SIGNIFICANT NONCOMPLIANCE (SNC)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
SLUG
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
STANDARD METHODS
STATE
STATE'S WATERS
STORMWATER
SUBSTANCES OF CONCERN
SUMP PUMP
SUPERINTENDENT
SUSPENDED SOLIDS
TOTAL KJELDAHL NITROGEN (TKN)
TOTAL PHOSPHORUS
TOXIC SUBSTANCES
USER
USER, EXISTING
USER, INDUSTRIAL
USER, NEW
USER, SIGNIFICANT INDUSTRIAL (SIU)
(1)
(2)
(3)
(4)
VILLAGE
VOLUME CHARGE (USER CHARGE)
WASTEWATER
WASTEWATER DISCHARGE PERMIT
WASTEWATER, UNUSUAL STRENGTH OR CHARACTER
WATERS OF THE STATE (STATE'S WATERS)
Defined terms. Unless otherwise stated in the section, where the
term is used in this chapter, the meanings of terms used in this chapter
shall be as stated below. When not inconsistent with the context,
the present tense shall include the future; and words used in the
plural shall include the singular, and vice versa. Furthermore, a
masculine pronoun shall include the feminine. "Shall" is mandatory;
"may" is permissive.
Sewage whose concentration of one or more characteristics
of normal sewage exceeds the maximum concentrations of the characteristics
of normal sewage. See "normal sewage."
The Federal Water Pollution Control Act, also known as the
"Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.,
as may be amended.
The Regional Administrator of the United States Environmental
Protection Agency (USEPA), Region 2.
The result obtained, using an approved laboratory procedure,
to determine the quantity of ammonia in a sample, expressed as milligrams
of nitrogen per liter.
That person who makes application for any permit. The applicant
may be an owner, new or old, or his agent.
The USEPA, or the New York State Department of Environmental
Conservation (NYSDEC), in the event the NYSDEC is delegated approval
authority responsibility by the USEPA.
The procedures defined as "standard methods" in this chapter,
or other procedures approved by the Superintendent, for flow measurement
or determination of the concentration of pollutants or their surrogates
in waters, wastewaters, and/or sludges.
The latest edition of any ASTM specification, when stipulated
in this chapter.
May be:
A principal executive officer of at least the level of vice
president, if the industrial user is a corporation.
A general partner or proprietor, if the industrial user is a
partnership or proprietorship, respectively.
A duly authorized representative of the individual designated
above, if such representative is responsible for the overall operation
of the facilities from which the indirect discharge originates.
The result obtained when using an approved laboratory procedure
to determine the quantity of oxygen utilized in the aerobic biochemical
oxidation of organic matter in a sample, expressed in milligrams per
liter.
Any person who undertakes to construct a building or any
part of a building, either under contract or for resale.
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 building walls and conveys it to the building lateral,
which begins five feet outside the inner face of the building wall.
The result obtained when using an approved laboratory procedure
to determine the difference between the amount of chlorine added to
a sample and the amount of chlorine remaining in the sample at the
end of a specified contact time at room temperature, expressed in
milligrams per liter.
The result obtained when using an approved laboratory procedure
to measure the oxygen requirement of that portion of matter, in a
sample, that is susceptible to oxidation, by a specific chemical oxidant,
expressed in milligrams per liter.
The optical density at the visual wavelength of maximum absorption,
relative to distilled water. One-hundred-percent transmittance is
equivalent to zero optical density.
The sample resulting from the combination of individual samples
of wastewater taken at selected intervals for a specified time period.
The individual samples may have equal volumes, or the individual volumes
may be proportioned to the flow at the time of sampling.
Attachment of one user to a sewer. (See "extension.")
The one-time application fee to offset Village expenses to
process an application for a connection of a building/street lateral
to the public sewer. The fee also covers plan review, permit issuance,
street repair cost, and inspection costs. The fee may be scaled to
the amount of work involved or to the size of the public sewer involved.
The term shall refer to "approval authority," or to the Superintendent
when the Village has an approved pretreatment program under the provisions
of 40 CFR 403.11.
A manhole accessible to the control authority in or upstream
of the street lateral, such that samples collected from the manhole
represent the discharge to the POTW.
A pollutant that the POTW treatment plant was designed to
treat, defined in accordance with the Act.
The water discharged from any system of condensation, air
conditioning, refrigeration, or other sources. It shall contain no
polluting substances which would produce COD or suspended solids in
excess of five milligrams per liter, or toxic substances, as limited
elsewhere in this chapter.
Oswego County.
Any person who subdivides land for the purpose of constructing,
or causing to be constructed, buildings for which wastewater disposal
facilities are required.
The discharge of treated or untreated wastewater directly
to the waters of the State of New York. (For reference, see "indirect
discharge.")
See "sewage, domestic."
The sanitary sewer installed in anticipation of future connection
to a POTW but which is not used, in the meantime, for transport of
storm or sanitary sewage.
An acquired legal right for the specific use of land owned
by others.
For the purpose of determining compliance with limitations prescribed by § 149-11, "end of pipe" shall mean the control manhole, provided the samples collected from the control manhole are representative of the discharge to the POTW.
The concentration of a substance in a sample of wastewater
at end of pipe.
See "National Categorical Pretreatment Standard."
The agency of the federal government charged with the administration
and enforcement of federal environmental laws, rules, and regulations;
also may be used as a designation for the Administrator or other duly
authorized official of this Agency.
Attachment of a sewer line, with more than one user, to an
existing sewer line.
All buildings, other structures, grounds and contiguous property
at any locations related to or connected with a user at the user's
location.
Oil, grease, or fat in a physical state such that it will
separate by gravity from wastewater by treatment in a wastewater treatment
facility.
The quantity of liquid or waste that flows in a certain period
of time.
The solid wastes from the preparation, cooking, and dispensing
of food, from the handling, storage, and sale of produce, and from
the packaging and canning of food.
A single sample of wastewater representing the physical,
chemical, and biological characteristics of the wastewater at one
point and time.
The form used by the NYSDEC to survey industries to perform
and update the Industrial Chemical Survey.
The introduction of wastewater into a POTW for treatment
and ultimate discharge of the treated effluent to the state's
waters. (For reference, see "direct discharge.")
Meaning or pertaining to industry, manufacturing, commerce,
trade, business, or institution, and is distinguished from domestic
or residential.
The survey of industries in New York State, initiated by
the NYSDEC, to determine chemical usage and storage by those industries.
See "user, industrial."
The liquid or liquid-carried solid, liquid and/or gaseous
wastes from industrial manufacturing processes, trade, service, utility,
or business, as distinct from sanitary sewage.
Water, other than wastewater, that enters a sewer system
(excluding building drains) from the ground through such means as
defective pipes, pipe joints, connections, or manholes. Infiltration
does not include, and is distinguished from, inflow. Infiltration
is inadvertent, that is, not purposely designed or built into the
sewer or drain.
Water, other than wastewater, that enters a sewer system
(including building drains) from sources such as, but not limited
to, roof leaders, cellar drains, area drains, drains from springs
and swampy areas, manhole covers, cross-connections between storm
sewers and sanitary sewers, catch basins, cooling towers, stormwaters,
foundation drains, swimming pools, surface runoff, street wash waters,
or drainage. Inflow does not include, and is distinguished from, infiltration.
Inflow is purposely designed and/or built into the sewer or drain.
A discharge which, alone or in conjunction with discharges
by other sources:
Inhibits or disrupts the POTW, its treatment processes or operations,
or its sludge processes, use or disposal; and
Therefore is a cause of a violation of any requirement of the
Village POTW's SPDES permit (including an increase in the magnitude
or duration of a violation) or of the prevention of sewage sludge
use or disposal by the POTW in accordance with the following statutory
provisions and regulations or permits issued thereunder (or more-stringent
state or local regulations):
Section 405 of the Clean Water Act;[1]
SWDA) (including Title II, more commonly referred to as the "Resource Conservation and Recovery Actnservation and Recovery Act - RCRA"), and including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA);[2]
The Clean Air Act;[3]
The Toxic Substances Control Act;[4] and
The Marine Protection Research and Sanctuaries Act.
The sewer extension from the building drain to the street
lateral or other place of wastewater disposal, and including, without
limitation, any trap, cleanout and/or vent located within same.
The sewer extension from the public sewer main pipe, through
the public street right-of-way, to such right-of-way boundary line
at its point nearest the building or other private property served,
and including, without limitation, any trap, cleanout and/or vent
located within same.
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. § 1317), which applies to a specific category of
industrial users. These standards apply at the end of the categorical
process ("end of process").
A permit issued pursuant to Section 402 of the Act (33 U.S.C.
§ 1342).
Any regulation developed under the authority of Section 307(b)
of the Act[5]and 40 CFR 403.5.
Any outlet, including storm sewers and combined sewer overflows,
to the state's waters.
That individual or entity who purchased property within the
service area of the Village after the effective date of this chapter.
Any source, the construction of which is commenced after
the publication of the proposed regulation prescribing a Section 307(c)
(33 U.S.C § 1317) categorical pretreatment standard which
will be applicable to such source if such standard is thereafter promulgated.
A discharger to the POTW who commences discharge after the
effective date of this chapter.
See "sewage, normal."
The use or lack of use of the POTW in such a manner so as
to endanger life or health, give offense to the senses, or obstruct
or otherwise interfere with the reasonable use or maintenance of the
POTW.
The result obtained when using an approved laboratory procedure
to determine the quantity of fats, wax, grease, and oil in a sample,
expressed in milligrams per liter.
That individual or entity who owns or owned a property, within
the service area of the POTW, purchased prior to the effective date
of this chapter, or who inherited the property at any time, and intends
to sell the property or has sold the property to a new owner; also
the agent of the old owner.
Garbage (shredded or unshredded), refuse, wood, eggshells,
coffee grounds, sawdust, shavings, bark, sand, lime, ashes, and all
other discarded matter not normally present in sewage or industrial
wastes; also, the discarded matter not normally present in sewage
or industrial waste.
The discharge which exits the Village's POTW into waters
of the state in quantities which, alone or in conjunction with discharges
from other sources, are a cause of a violation of any requirement
of the POTW's SPDES permit (including an increase in the magnitude
or duration of a violation).
A temporary revocable written document allowing use of the
POTW for specified wastes over a limited period of time, containing
sampling locations and reporting frequencies, and requiring other
actions as authorized by this chapter.
Any individual, public or private corporation, political
subdivision, federal, state, or local agency or entity, association,
trust, estate or any other legal entity whatsoever.
The logarithm (base 10) of the reciprocal of the weight of
hydrogen ions, in gram moles per liter of solution. A pH value of
7.0, the pH scale midpoint, represents neutrality. Values above 7.0
represent alkaline conditions. Values below 7.0 represent acid conditions.
See "total phosphorus."
Any material placed into or onto the state's waters,
lands and/or airs, which interferes with the beneficial use of that
water, land and/or air by any living thing at any time.
The man-made or man-induced alteration of the chemical, physical,
biological, and/or radiological integrity of the state's waters,
lands and/or airs resulting from the introduction of a pollutant into
these media.
That portion of the POTW designed to provide treatment to
wastewater and to treat sludge and residuals derived from such treatment.
Any substantive or procedural requirement related to pretreatment,
other than a national pretreatment standard, imposed on an industrial
user.
Any categorical standard or prohibitive discharge standard.
The reduction of the amount of pollutants, 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 achieved by physical, chemical, or biological
process, process changes, or by other means, except as prohibited
by 40 CFR 403.6(d).
The most-recently revised or updated list, developed by the
EPA, in accordance with the Act.
See "national prohibitive discharge standard."
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, and with no particle having a dimension greater
than 1/2 inch in any dimension.
A treatment works, as defined by Section 212 of the Act (33
U.S.C § 1292), which is owned, in this instance, by the
Village. This definition includes any sewers and appurtenances that
transport wastewater to the POTW treatment plant but does not include
pipes, sewers, or other conveyances not connected directly or indirectly
to a facility providing treatment.
A natural watercourse or body of water (usually waters of
the state) into which treated or untreated sewage is discharged.
Includes, but is not limited to, any printed, typewritten,
handwritten or otherwise recorded matter of whatever character (including
paper or electronic media), including, but not limited to, letters,
files, memoranda, directives, notes and notebooks, correspondence,
descriptions, telephone call slips, photographs, permits, applications,
reports, compilations, films, graphs and inspection reports. For the
purposes of this chapter, "records" shall mean records of and relating
to waste generation, reuse and disposal and shall include records
of usage of raw materials.
A drain installed to receive water collecting on the surface
of a roof for disposal.
All liquids and solids in and removed from septic tanks,
holding tanks, cesspools, or approved types of chemical toilets, including
but not limited to those serving private residences, commercial establishments,
institutions, and industries; also sludge from small sewage treatment
plants. Septage shall not have been contaminated with substances of
concern or priority pollutants.
A private domestic sewage treatment system consisting of
an underground tank (with suitable baffling), constructed in accordance
with any and/or all local and state requirements.
The legally defined bounds of real property from which wastewater
may be discharged into the POTW. The bounds shall be established,
altered, changed, modified, reduced, enlarged, combined, or consolidated
by action of the Village Board.
A combination of the water-carried wastes from residences,
business buildings, institutions, and industrial establishments and
such groundwater, surface water, and stormwater as may be inadvertently
present. The admixture of sewage, as defined above, with industrial
wastes and other wastes shall also be considered "sewage," within
the meaning of this definition.
Liquid wastes from the noncommercial preparation, cooking,
and handling of food, liquid wastes containing human excrement and
similar matter from the sanitary conveniences in dwellings, commercial
buildings, industrial buildings, and institutions, or liquid wastes
from clothes washing and/or floor/wall washing. Therefore, domestic
sewage includes both black water and grey water. (See "sewage, sanitary.")
Sewage, industrial wastes, or other wastes, which show, by analysis,
the following characteristics:
BOD (five-day): 2,090 pounds per million gallons (250 milligrams
per liter), or less.
Suspended solids: 2,500 pounds per million gallons (300 milligrams
per liter), or less.
Phosphorus: 125 pounds per million gallons (15 milligrams per
liter), or less
Ammonia: 250 pounds per million gallons (30 milligrams per liter),
or less.
Total Kjeldahl nitrogen: 417 pounds per million (50 milligrams
per liter), or less.
Chlorine demand: 209 pounds per million gallons (25 milligrams
per liter), or less.
Chemical oxygen demand: 2,920 pounds per million gallons (350
milligrams per liter), or less.
Oil and grease: 830 pounds per million gallons (100 milligrams
per liter), or less.
In spite of satisfying one or more of these characteristics,
if the sewage also contains substances of concern, it may not be considered
normal sewage.
Liquid wastes from the sanitary conveniences of dwellings
(including apartment houses and hotels), office buildings, factories,
or institutions, and free from stormwater, surface water, industrial,
and other wastes. (See "domestic wastes.")
See "POTW treatment plant."
Sewage which has characteristics greater than those of normal
sewage and/or which contains substances of concern.
A pipe or conduit for carrying or transporting sewage.
The demand payment for the use of a public sewer and/or sewage
treatment plant for the handling of any sewage, industrial wastes,
or other wastes accepted for admission thereto in which the characteristics
thereof exceed the maximum values of such characteristics in normal
sewage. (See "volume charge.")
All facilities for collecting, regulating, pumping, and transporting
wastewater to and away from the POTW treatment plant.
A sewer designed to receive and transport both surface runoff
and sewage.
A sewer in which all abutting property owners have equal
rights, and the use of which is controlled by the Village.
A sewer which carries sewage and to which stormwaters, surface
waters, and groundwaters are not intentionally admitted.
A sewer which carries storm- and surface waters and drainage,
but excludes sewage and industrial wastewaters, other than cooling
waters and other unpolluted waters.
See "user, significant industrial."
A user is in significant noncompliance if its violation(s)
meet(s) one or more of the following criteria:
Chronic violations of wastewater discharge limits, defined here
as those, in 66% or more of all of the measurements taken during a
six-month period, which exceed (by any magnitude) the daily maximum
limit or average limit for the same pollutant parameter;
Technical review criteria (TRC) violations, defined here as
those, in which 33% or more of all of the measurements for each pollutant
parameter taken during a six-month period, which equal or exceed the
product of the daily maximum limits multiplied by the applicable TRC
(TRC = 1.4 for BOD, TSS, fats, oil and grease; TRC = 1.2 for all other
pollutants);
Any other violation of a pretreatment effluent limit (daily
maximum or long-term average) that the Superintendent determines has
caused, alone or in combination with other discharges, interference
or pass-through (including endangering the health of POTW personnel
or the general public);
Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the Superintendent's exercise of its emergency authority under § 149-15 of this chapter;
Failure to meet, within 90 days after the schedule date, a compliance
schedule milestone contained in a local control mechanism or enforcement
order for starting construction, completing construction, or attaining
final compliance;
Failure to provide, within 30 days after the due date, required
reports such as baseline monitoring reports, ninety-day compliance
reports, periodic self-monitoring reports, and reports on compliance
with compliance schedules;
Failure to report accurately any noncompliance;
Any other violation which the Superintendent determines will
adversely affect the implementation or operation of the local pretreatment
program.
A substantial deviation from normal rates of discharge or
constituent concentration (see "normal sewage") sufficient to cause
interference. In any event, a discharge which, in concentration of
any constituent or in quantity of flow, exceeds, for any period of
duration longer than 15 minutes, more than five times the average
twenty-four-hour concentration or flow during normal user operations
shall constitute a slug.
A classification pursuant to the Standard Industrial Classification
Manual issued by the Executive Office of the President, Office of
Management and Budget, 1972, and subsequent revisions.
Procedures contained in the latest edition of "Standard Methods
for the Examination of Water and Wastewater," published by the American
Public Health Association; procedures established by the Administrator,
pursuant to Section 304(g) of the Act and contained in 40 CFR Part
136, and amendments thereto (if 40 CFR Part 136 does not include a
sampling or analytical technique for the pollutant in question, then
procedures set forth in the EPA publication, "Sampling and Analysis
Procedures for Screening of Industrial Effluents for Priority Pollutants,"
April 1977, and amendments thereto, shall be used); any other procedure
approved by the Administrator; or any other procedure approved by
the Superintendent, whichever is the most conservative.
The State of New York.
See "waters of the state."
Any flow occurring during or following any form of natural
precipitation; also the flow resulting therefrom.
Those compounds which the New York State Department of Environmental
Conservation has determined may be harmful to man or the environment.
A mechanism used for removing water from a sump or wet well.
That duly authorized official appointed by the appropriate
governmental authority and acting as and/or performing the duties
of the Superintendent of the Department of Public Works, Water and
Wastewater or other title designated by the Village for such person.
Such an individual shall be or shall have ready access to, for the
performance of his/her duties, such staff or retained person(s) licensed
to practice engineering in the state and otherwise qualified to oversee
water treatment and distribution and POTW operations. This definition
shall also include his authorized deputy, agent, or representative.
The result obtained, using an approved laboratory procedure,
to determine the dry weight of solids, in a sample, that either float
on the surface of, or are in suspension, or are settleable, and can
be removed from the sample by filtration, expressed in milligrams
per liter.
The result obtained, using an approved laboratory procedure,
to determine the quantity of ammonia in a sample and released during
the acid digestion of organic nitrogen compounds, expressed as milligrams
of nitrogen per liter.
The result obtained, using an approved laboratory procedure,
to determine the total quantity of orthophosphate, in a sample of
wastewater, following the hydrolysis of phosphorus compounds, expressed
as milligrams of phosphorus per liter of sample.
Any substance, whether gaseous, liquid, or solid, that, when
discharged to a public sewer in sufficient quantities, may be hazardous
to POTW operation and maintenance personnel, may tend to interfere
with any biological sewage treatment process, or may constitute a
hazard to recreation in the receiving waters, due to the effluent
from a sewage treatment plant or overflow point; any pollutant or
combination of pollutants listed as toxic in regulations promulgated
by the EPA under the provisions of CWA 307(a), or other acts.
Any person who contributes, causes, or permits the contribution
of wastewater into the POTW.
A discharger to the POTW who is discharging on or before
the effective date of this chapter.
A discharger to the POTW who discharges nondomestic wastewaters.
A discharger to the POTW who initiates discharge after the
effective date of this chapter.
An industrial user of the Village's POTW who is:
Subject to National Categorical Pretreatment Standards promulgated
by the EPA;
Having substantial impact, either singly or in combination with
other industries, on the operation of the treatment works;
Using, on an annual basis, more than 10,000 pounds or 1,000
gallons of raw material containing priority pollutants and/or substances
of concern and discharging a measurable quantity of these pollutants
to the sewer system;
Discharging more than 5% of the flow or load of conventional
pollutants received by the POTW treatment plant.
|
*Note: A user discharging a measurable quantity of a pollutant
may be classified as nonsignificant if, at the influent to the POTW
treatment plant, the pollutant is not detectable.
|
The Village of Phoenix, an incorporated New York Village.
The demand sewer use charge which is based, in part or wholly, on the volume of normal sewage discharged into the POTW (there may be surcharges, as provided for in § 149-16). The volume charge shall be based on a specific cost per 100 cubic feet or per 1,000 gallons. The specific charge shall be subject to approval by the Village Board. The moneys so obtained shall be used for current operation and maintenance, for retirement of bonded indebtedness, and for funding of capital projects, of the POTW. The basis of volume charge calculations shall be made available to the public, on demand, as provided in § 149-17. The volume charge shall be recalculated annually, as well as the surcharge rates.
The liquid and water-carried industrial or domestic wastewaters
from dwellings, commercial establishments, industrial facilities,
and institutions, together with any groundwater, surface water, and
stormwater that may be present, whether treated or untreated, which
is contributed into or permitted to enter the POTW.
A permit as set forth in § 149-12 of this chapter.
See "sewage, unusual strength or character."
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.
B.
Abbreviations. The following abbreviations shall have the designated
meanings:
|
ANSI
|
American National Standards Institute
| |
|
ASTM
|
American Society for Testing and Materials
| |
|
AWWA
|
American Water Works Association
| |
|
BOD
|
Biochemical oxygen demand
| |
|
CFR
|
Code of Federal Regulations
| |
|
COD
|
Chemical oxygen demand
| |
|
CPLR
|
Code of Public Law and Rules
| |
|
EPA
|
Environmental Protection Agency
| |
|
l
|
Liter
| |
|
mg
|
Milligram
| |
|
mg/l
|
Milligrams per liter
| |
|
NCPI
|
National Clay Pipe Institute
| |
|
NPDES
|
National Pollutant Discharge Elimination System
| |
|
NYSDEC
|
New York State Department of Environmental Conservation
| |
|
NYSDOH
|
New York State Department of Health
| |
|
NYSDOT
|
New York State Department of Transportation
| |
|
P
|
Total phosphorus
| |
|
POTW
|
Publicly owned treatment works
| |
|
ppm
|
Parts per million, weight basis
| |
|
psi
|
Pounds per square inch
| |
|
SIC
|
Standard Industrial Classification
| |
|
SPDES
|
State Pollutant Discharge Elimination System
| |
|
SWDA
|
Solid Waste Disposal Act, 42 U.S.C. § 6901 et seq.
| |
|
U.S.C.
|
United States Code of Laws
| |
|
USEPA
|
United States Environmental Protection Agency
| |
|
TSS
|
Total suspended solids
|
C.
Undefined terms. Terms not defined in this section, or terms found
to be ambiguous or improperly defined in this section, shall be defined
by the Act, or regulations pursuant thereto.
A.
Waste disposal unlawful. 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 or in any area under the jurisdiction
of the 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.
B.
Connecting private sewage system to storm sewer unlawful. No person
shall connect a private sewage system so that sewage flows into a
storm sewer or into a drain intended exclusively for stormwater.
C.
Discharge of sewage into well prohibited. No person shall discharge
sewage into a well.
D.
Wastewater discharge unlawful. It shall be unlawful to discharge
to any natural outlet, within the Village, or in any area under the
jurisdiction of the said municipality, any wastewater or other polluted
waters, except where suitable treatment has been provided in accordance
with subsequent provisions of this chapter.
E.
Building permit allowed only when approved wastewater disposal available.
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 sewers.
F.
Private wastewater disposal unlawful. 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.
G.
Connection to public sewer required. The owner(s) of all houses,
buildings, or properties used for human occupancy, employment, recreation,
or other purposes, situated within the Village, 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.
H.
Limitation on use of public sewers. The use of the Village public sewers shall be strictly limited and restricted, except as provided in § 149-5I hereof, 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.
I.
Wastewater from outside the POTW service area; intermunicipal agreements.
The Village 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. 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. 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.
J.
Moratorium. At the recommendation of the Superintendent, who determines
that one or more segments of the POTW are exceeding their hydraulic
capacity at any time or any specific purpose of this chapter is being
violated, the Village 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:
K.
Basis of sewer use requirement. 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
Village Board, NYSDEC, USEPA, and/or other such state or federal agencies
which have enforcement powers.
A.
Public sewer unavailable; private wastewater disposal required. Where a public sewer is not available, under the provisions of § 149-5F hereof, the building lateral shall be connected to a private wastewater disposal system complying with the provisions of the Rules and Regulations of the NYSDOH, to be enforced by the Superintendent, and/or the Oswego County Health Department.
B.
Connection of two buildings to the same septic tank prohibited. No
two separate permanent buildings, where the intended use for either
is for a distinct and separate business or a dwelling place for a
private family or families, shall be connected to the same individual
septic tank and tile absorption field.
C.
Construction permit application. A completed application form, containing results of percolation tests, computations, and a plot plan, including the design and cross section of the wastewater disposal system, in relation to lot lines, adjacent and on-site well or water supply, and buildings, shall be submitted to the Village. A fee, established by § 149-16, shall accompany the application. The wastewater disposal system shall be designed by a professional engineer, licensed surveyor, or architect and shall be in accordance with the NYSDOH "Standards for Waste Treatment Works" or NYSDEC "Standards for Commercial and Institutional Facilities," as appropriate.
D.
Construction permit. A written construction permit shall be obtained
from the Superintendent before construction commencement. The Superintendent,
or his designated representative, shall be permitted to inspect the
construction work at any stage, without prior notice.
E.
Preventing nuisances; rehabilitation required. When the liquid or
liquid-borne effluent from a private wastewater disposal system enters
any watercourse, ditch, storm sewer, or water supply system, located
in the Village, in such a manner, volume, and concentration so as
to create a hazardous, offensive, or objectionable condition, in the
opinion of the Superintendent, the Oswego County Health Department,
or the NYSDOH, the owner of the premises upon which such wastewater
disposal system is located, upon receiving written notice from the
Superintendent to do so, shall, within 90 days after receipt of such
notice, repair, rebuild, or relocate such wastewater disposal system
for the purpose of eliminating such hazardous, offensive, or objectionable
conditions. The repair, rebuilding, or relocation of the system shall
be accomplished in accordance with the rules and regulations of the
NYSDOH and the Oswego County Health Department, at the owner's
expense.
F.
Sanitary operation required. The owner shall operate and maintain
the private wastewater disposal system in a satisfactory manner at
all times, at the owner's expense.
G.
Septage removal. Where a private wastewater disposal system utilizes
a cesspool or a septic tank, septage shall be removed from the cesspool
or septic tank, by a licensed hauler of trucked and hauled wastes,
at three-year intervals or more frequently.
H.
Direct connection to new public sewers required. Subject to § 149-5G, at such time that a public sewer becomes available to a property, a direct connection shall be made to the public sewer in compliance with this chapter, and any cesspool, septic tank, and similar wastewater disposal facilities shall be cleaned of septage, by a licensed septage hauler, and finally either filled with clean sand, bank-run gravel, or dirt, or removed and properly disposed. When the connection is made to the public sewer, the connection to the private wastewater disposal facility shall be broken, and both ends of the break shall be plugged, as appropriate. Alternatively, the septic tank effluent may be piped or pumped to the sewer; the owner shall provide an easement to the septic tank for septage removal.
I.
Additional requirements. No statement in this chapter shall be construed
to prevent, or interfere with, any additional requirements that may
be deemed necessary by the Superintendent, to protect public health
and public welfare.
A.
Proper design. New sanitary sewers and all extensions to sanitary
sewers owned and operated by the Village shall be designed, by a professional
licensed to practice sewer design in the state, in accordance with
the Recommended Standards for Sewage Works, as adopted by the Great
Lakes - Upper Mississippi River Board of State Sanitary Engineers
("Ten State Standards"), and in strict conformance with all requirements
of the NYSDEC. Plans and specifications shall be submitted to, and
written approval shall be obtained from, the Superintendent, the Oswego
County Health Department, and the NYSDEC, before initiating any construction.
The design shall anticipate and allow for flows from all possible
future extensions or developments within the immediate drainage area.
If, however, there is inadequate capacity in any sewer which would
convey the wastewater or if there is insufficient capacity in the
POTW treatment plant to treat the wastewater properly, the application
shall be denied. Sewer line and POTW treatment plant current use shall
be defined as the present use and the unutilized use which has been
committed, by resolution, to other users by the Village Board.
B.
New sewers subject to approval fees, inspection, testing, and reporting. When a property owner, builder, or developer proposes to construct sanitary sewers or extensions to sanitary sewers in an area proposed for subdivision, the plans, specifications, and method of installation shall be subject to the approval of the Superintendent, and the Oswego County Health Department, in accordance with § 149-7A hereof. Said property owner, builder, or developer shall pay for the entire installation, including a proportionate share of the treatment plant, intercepting or trunk sewers, pumping stations, force mains, and all other Village expenses incidental thereto. Each street lateral shall be installed and inspected pursuant to § 149-8, and inspection fees shall be paid by the applicant prior to initiating construction. Design and installation of sewers shall be as specified in § 149-7C hereof and in conformance with Paragraphs 3 through 6 of ASTM Specification C-12. The installation of the sewer shall be subject to periodic inspection by the Superintendent, without prior notice. The Superintendent shall determine whether the work is proceeding in accordance with the approved plans and specifications and whether the completed work will conform with the approved plans and specifications. The sewer, as constructed, must pass the infiltration test (or the exfiltration test, with prior approval) required in § 149-7F before any building lateral is connected thereto. The Superintendent shall be notified 30 days in advance of the start of any construction actions so that such inspection frequencies and procedures as may be necessary or required may be established. No new sanitary sewers will be accepted by the Village Board until such construction inspections have been made so as to assure the Village Board of compliance with this chapter and any amendments or additions thereto. The Superintendent has the authority to require such excavation as necessary to inspect any installed facilities if the facilities were covered or otherwise backfilled before they were inspected so as to permit inspection of the construction. The Superintendent shall report all findings of inspections and tests to the Village Board.
C.
Plans, specification, and pipe test results required. Plans, specifications, and methods of installation shall conform to the requirements of this chapter. Components and materials of wastewater facilities not covered in this chapter, such as pumping stations, lift stations, or force mains, shall be designed in accordance with § 149-7A and shall be clearly shown and detailed on the plans and specifications submitted for approval. Force main details are covered in § 149-7G hereof. When requested, the applicant shall submit, to the Superintendent and to the Oswego County Health Department, all design calculations and other pertinent data to supplement review of the plans and specifications. Results of manufacturer's tests on each lot of pipe delivered to the job site shall also be furnished, upon request.
(1)
Sewer pipe. Sewer pipe material shall be:
(a)
Reinforced concrete pipe. (Note that nonreinforced concrete
pipe shall not be used.)
[1]
Portland cement shall conform to ASTM C-150, Type II.
[2]
The pipe and specials shall conform to ASTM Specification C-76.
[3]
The reinforcing wire cage shall conform to ASTM Specification
A 15, A 82, or A 185, as appropriate.
[4]
Entrained air shall be 5.0% to 9.0% by ASTM C-890.
[5]
Water absorption and three-edge bearing tests shall conform
to ASTM Specification C-497.
[6]
Gaskets shall conform to Sections 3.3 and 3.4 of AWWA Specification
C-302.
(c)
Polyvinyl chloride (PVC) pipe - heavy wall.
[1]
Pipe shall be made from Class 12454-B materials or better in
accordance with ANSI/ASTM Specification D-1784.
(d)
Ductile-iron pipe.
[1]
Pipe, fittings, and specials shall be manufactured in accordance
with ASTM Specification A-746.
[2]
Pipe shall have a minimum thickness of Class 50.
[3]
Fittings shall conform to ANSI Specification A-21.11 and have
a minimum pressure class rating of 150 psi.
[4]
All pipe and fittings shall be cement mortar lined in accordance
with ANSI Specification A-21.4 at twice the specified thickness and
have an internal and external bituminous seal coating.
[5]
Closure pieces shall be jointed by means of a mechanical coupling
of the cast sleeve type.
(e)
Vitrified clay pipe - extra strength. (Note that standard-strength
vitrified clay pipe shall not be used.)
[1]
Pipe shall conform to the current requirements of NCPI Specification
ER 3300-67 and meet the requirements of ASTM Specification C 700.
(f)
Acrylonitrile-butadiene-styrene (ABS) pipe.
[1]
Pipe and fittings shall conform to the requirements of ASTM
Specification D2661.
(g)
Other pipe materials.
[1]
Other pipe materials require prior written approval of the Superintendent
before being installed.
[2]
The minimum internal pipe diameter shall be eight inches for
gravity sewers and three inches for low-pressure sewers.
[3]
Joints for the selected pipe shall be designed and manufactured
such that O-ring gaskets of the snap-on type are used.
[4]
Gaskets shall be continuous, solid, natural or synthetic rubber and shall provide a positive compression seal in the assembled joint, such that the requirements of § 149-8 are met.
[5]
Joint preparation and assembly shall be in accordance with the
manufacturer's recommendations.
(2)
Safety and load factors.
(a)
Selection of pipe class shall be predicated on the following
criteria:
(b)
Safety factor: 1.5.
(c)
Load factor: 1.7.
(d)
Weight of soil: 120 pounds per cubic foot.
(e)
Wheel loading: 16,000 pounds.
(f)
Utilizing the foregoing information, design shall be made as
outlined in Chapter IX of the Water Pollution Control Federation Manual
of Practice No. 9, latest edition, "Design and Construction of Sanitary
and Storm Sewers," and the pipe shall have sufficient structural strength
to support all loads to be placed on the pipe, with a safety factor
as specified above.
(g)
PVC pipe shall not be encased in concrete due to their different
coefficients of linear thermal expansion.
(3)
Sewer pipe installation.
(a)
Local utilities shall be contacted to verify construction plans
and to make arrangements to disconnect all utility services, where
required to undertake the construction work. The utility services
shall later be reconnected. The work shall be scheduled so that there
is minimum inconvenience to local residents. Residents shall be provided
proper and timely notice regarding disconnection of utilities.
(b)
The construction right-of-way shall be cleared only to the extent
needed for construction. Clearing consists of removal of trees which
interfere with construction; removal of underbrush, logs, and stumps,
and other organic matter; removal of refuse, garbage, and trash; removal
of ice and snow; and removal of telephone and power poles, and posts.
Any tree which will not hinder construction shall not be removed and
shall be protected from damage by any construction equipment. Debris
shall not be burned but hauled for disposal in an approved manner.
(c)
The public shall be protected from personal and property damage
as a result of the construction work.
(d)
Traffic shall be maintained at all times in accordance with
applicable highway permits. Where no highway permits are required,
at least 1/2 of a street shall be kept open for traffic flow.
(e)
Erosion control shall be performed throughout the project to
minimize the erosion of soils onto lands or into waters adjacent to
or affected by the work. Erosion control can be effected by limiting
the amount of clearing and grubbing prior to trenching, proper scheduling
of the pipe installation work, minimizing time of open trench, prompt
grading and seeding, and filtration of drainage.
(f)
The trench shall be excavated only wide enough for proper installation
of the sewer pipe, manhole, and appurtenances. Allowances may be made
for sheeting, dewatering, and other similar actions to complete the
work. Roads, sidewalks, and curbs shall be cut, by sawing or by other
methods as approved by the Superintendent, before trench excavation
is initiated.
(g)
Under ordinary conditions, excavation shall be by open cut from
the ground surface. However, tunneling or boring under structures
other than buildings may be permitted. Such structures include crosswalks,
curbs, gutters, pavements, trees, driveways, and railroad tracks.
(h)
Open trenches shall be protected at all hours of the day with
barricades, as required.
(i)
Trenches shall not be open for more than 30 feet in advance
of pipe installation nor left unfilled for more than 30 feet in the
rear of the installed pipe, when the work is in progress, without
permission of the Superintendent. When work is not in progress, including
overnight, weekends, and holidays, the trench shall be backfilled
to ground surface.
(j)
The trench shall be excavated approximately six inches deeper
than the final pipe grade. When unsuitable soils are encountered,
these shall be excavated to a maximum depth of 2 1/2 feet below
the final pipe invert grade and replaced with select materials.
(k)
Ledge rock, boulders, and large stones shall be removed from
the trench sides and bottom. The trench shall be overexcavated at
least 12 inches for five feet, at the transition from rock bottom
to earth bottom, centered on the transition.
(l)
Maintenance of grade, elevation, and alignment shall be done
by some suitable method or combination of methods.
(m)
No structure shall be undercut unless specifically approved
by the Superintendent.
(n)
Proper devices shall be provided, and maintained operational
at all times, to remove all water from the trench as it enters. At
no time shall the sewer line be used for removal of water from the
trench.
(o)
To protect workers and to prevent caving, shoring and sheeting
shall be used, as needed. Caving shall not be used to backfill the
trench. Sheeting shall not be removed but cut off no lower than one
foot above the pipe crown nor no higher than one foot below final
grade, and left in the trench, during backfill operations.
(p)
The pipe barrel shall be supported, along its entire length,
on a minimum of six inches of crusher run maximum one-half-inch stone
free of organic material. This foundation shall be firmly tamped in
the excavation.
(q)
Bell holes shall be hand excavated, as appropriate.
(r)
Pipe shall be laid from low elevation to high elevation. The
pipe bell shall be upgradient; the pipe spigot shall be downgradient.
(s)
Joint preparation and assembly shall be in accordance with the
manufacturer's written instructions.
(t)
The grade and alignment shall be checked and made correct. The
pipe shall be in straight alignment. Any negotiation of curves shall
be at manholes, except when site conditions require alternative pipelaying
procedures. These alternative procedures, including bending the pipe
barrel, deflecting the joint, and using special fittings, shall require
prior written approval of the plans and also written confirmation
approval of need by the Superintendent after examination of the site
conditions.
(u)
When a smaller sewer joins a larger one, the invert of the larger
sewer shall be lowered sufficiently to maintain the same hydraulic
gradient. An approximate method which may be used for securing this
result is to place the 0.8 depth of both sewers at the same elevation.
(v)
Crushed stone shall be placed over the laid pipe to a depth
of at least six inches. The embedment of thermoplastic pipe shall
be in accordance with ASTM D2321 using Class 1A or 1B backfill materials.
Care shall be exercised so that stone is packed under the pipe haunches.
Care shall be exercised so that the pipe is not moved during placement
of the crushed stone.
(w)
The migration of fines from surrounding backfill or native soils
shall be restricted by gradation of embedment materials or by use
of suitable filter fabric.
(x)
The remaining portion of the trench above the pipe embedment
shall be backfilled in foot lifts which shall be firmly compacted.
Compaction near/under roadways, driveways, sidewalks, and other structures
shall be to 95% of the maximum moisture-density relationship, as determined
by ASTM Specification D 698, Method D. Ice, snow, or frozen material
shall not be used for backfill.
D.
Cleanout installation.
E.
Manholes and manhole installation.
(1)
Design of all manholes shall be submitted to the Superintendent and
shall receive approval prior to placement.
(2)
Manholes shall be placed where there is a change in slope or alignment,
and at intervals not exceeding 400 linear feet, except as authorized
by the Superintendent.
(3)
Manhole bases shall be constructed or placed on a minimum of six
inches of crusher run maximum one-half-inch stone free of organic
materials.
(4)
Manhole bases shall be constructed of 4,000 psi (twenty-eight-day)
concrete eight inches thick, or shall be precast bases properly bedded
in the excavation. Field-constructed bases shall be monolithic, properly
reinforced, and extend at least six inches beyond the outside walls
of lower manhole sections. Precast manhole bases shall extend at least
six inches beyond the outside walls of lower manhole sections.
(5)
Manholes shall be constructed using precast minimum four-foot-diameter
concrete manhole barrel sections, and an eccentric top section, conforming
to ASTM Specification C-478, with the following exceptions on wall
thickness:
|
Manhole Diameter
(feet)
|
Wall Thickness
(inches)
| |
|---|---|---|
|
4
|
5
| |
|
5
|
6
| |
|
6
|
7
| |
|
6 1/2
|
7 1/2
| |
|
7
|
8
| |
|
8
|
9
|
|
NOTES:
| |
|---|---|
|
All sections shall be cast solid, without lifting holes.
| |
|
Flat top slabs shall be a minimum of eight inches thick and
shall be capable of supporting an H-20 loading.
|
(6)
All joints between sections shall be sealed with an O-ring rubber
gasket, meeting the same specifications as pipe joint gaskets, or
butyl joint sealant completely filling the joint.
(7)
All joints shall be sealed against infiltration. All metal parts
shall be thickly coated with bitumastic or elastomeric compound to
prevent corrosion.
(8)
No steps or ladder rungs shall be installed in the inside or outside
manhole walls at any time.
(9)
No holes shall be cut into the manhole sections closer than six inches
from joint surfaces.
(10)
Manholes which extend above grade shall not have an eccentric
top section. The top plate shall be large enough to accommodate the
cover-lifting device and the cover.
(11)
The elevation of the top section shall be such that the cover
frame top elevation is 0.5 foot above the one-hundred-year flood elevation
(in a field), 0.5 foot above a lawn elevation, or at finished road
or sidewalk grade.
(12)
When located in a traveled area (road or sidewalk), the manhole
frame and cover shall be heavy-duty cast iron. When located in a lawn
or in a field, the manhole frame and cover may be light-duty cast
iron. The cover shall be 36 inches, minimum, in diameter. The minimum
combined weight of the heavy-duty frame and thirty-six-inch cover
shall be 735 +/- 5% pounds. The minimum combined weight of the light
duty frame and 36 inch cover shall be 420 +/- 5% pounds. The mating
surfaces shall be machined and painted with tar pitch varnish. The
cover shall not rock in the frame. Infiltration between the cover
and frame shall be prevented by proper design and painting. Covers
shall have "Sanitary Sewer" cast into them. Covers shall have lifting
holes suitable for any lifting/jacking device. The lifting holes shall
be designed so that infiltration is prevented.
(13)
A drop of at least 0.1 foot shall be provided between incoming
and outgoing sewers on all junction manholes and on manholes with
bends greater than 45º.
(14)
Inverts and shelves/benches shall be placed after testing the
manholes and sewers.
(15)
Benches shall be level and slope to the flow channel at about
one inch per foot.
(16)
The minimum depth of the flow channel shall be the nominal diameter
of the smaller pipe. The channel shall have a steel trowel finish.
The flow channel shall have a smooth curvature from inlet to outlet.
(17)
Manhole frames, installed at grade, shall be set in a full bed
of mortar with no less than two nor more than four courses of brick
underneath to allow for later elevation adjustment. In lieu of brick,
grade rings may be used for elevation adjustment. Grade rings shall
not exceed six inches in depth. The total number of grade rings shall
not exceed 12 inches in height; however, in no event shall more than
three grade rings be used.
(18)
Manholes which extend above grade shall have the frames cast
into the manhole top plate. The top plate shall be securely anchored
to the manhole barrel, by a minimum of six one-half-inch corrosion-resistant
anchor bolts, to prevent overturning when the cover is removed. The
anchor bolts shall be electrically isolated from the manhole frame
and cover.
(19)
Internal drop pipes and fittings shall be PVC plastic sewer
pipe in compliance with ASTM D2241. Corrosion-resistant anchors shall
be used to attach the drop pipe to the inside surface of the manhole
barrel.
F.
Infiltration/exfiltration testing.
(1)
All sanitary sewers or extensions to sanitary sewers, including manholes, shall satisfy requirements of a final infiltration test before they will be approved and wastewater flow permitted by the Village. The infiltration rate shall not exceed 25 gallons per 24 hours per mile per nominal diameter in inches. An exfiltration test may be substituted for the infiltration test; the same rate shall not be exceeded. The exfiltration test shall be performed by the applicant, under the supervision of the Superintendent, who shall have the responsibility for making proper and accurate measurements required. The exfiltration test consists of filling the pipe with water to provide a head of at least five feet above the top of the pipe or five feet above groundwater, whichever is higher, at the highest point under test, and then measuring the loss of water, from the pipe section under test, by the amount of water which must be added to maintain the original level. However, under no circumstances shall the head at the downstream manhole exceed 10 feet or fill to within six inches of the top of the downstream manhole. Should this condition prevail, the testing methods in § 149-7F and G shall be utilized. In this test, the test section must remain filled with water for at least 24 hours prior to taking any measurements. Exfiltration shall be measured by the drop of water level in a standpipe with a closed bottom end, or in one of the sewer manholes serving the test section. When a standpipe and plug arrangement is used in the upper manhole in the test section, there shall be some positive method for releasing entrapped air prior to taking any measurements.
(2)
Test section. The test section shall be as ordered or as approved,
but in no event longer than 1,000 feet. In the case of sewers laid
on steep grades, the test length may be limited by the maximum allowable
internal pressure on the pipe and joints at the lower end of the test
section. For purposes of determining the leakage rate of the test
section, manholes shall be considered as sections of forty-eight-inch-diameter
pipe, five feet long. The maximum allowable leakage rate for such
a section is 1.1 gallons per 24 hours. If leakage exceeds the allowable
rate, then necessary repairs or replacements shall be made and the
section retested.
(3)
Test period. The test period, during which the test measurements
are taken, shall not be less than two hours.
(4)
Pipe lamping. Prior to testing, the section shall be lamped. Any
length of pipe out of straight alignment shall be realigned.
(5)
Deflection testing. Also prior to testing, all plastic pipe, in the
test section, shall be tested for deflection. Deflection testing shall
involve the pulling of a rigid ball or mandrel, whose diameter is
95% of the pipe inside diameter, through the pipe. Any length of pipe
with a deflection greater than 5% shall be replaced. The test section
shall be flushed just prior to deflection testing. The test shall
not be performed with a mechanical pulling device.
(6)
Low-pressure air testing alternative. In lieu of hydrostatic testing
(exfiltration or infiltration), low-pressure air testing may be employed.
Low-pressure air tests shall conform to ASTM Specification C 828.
All sections to be tested shall be cleaned and flushed, and shall
have been backfilled, prior to testing. Air shall be added until the
internal pressure of the test section is raised to approximately 4.0
psig. The air pressure test shall be based on the time, measured in
seconds, for the air pressure to drop from 3.5 psig to 2.5 psig. Acceptance
is based on limits tabulated in the "Specification Time Required for
a 1.0 PSIG Pressure Drop" in the Uni-Bell PVC Pipe Association "Recommended
Practice for Low-Pressure Air Testing of Installed Sewer Pipe." Before
pressure is applied to the line, all connections shall be firmly plugged.
Before the test period starts, the air shall be given sufficient time
to cool to ambient temperature in the test section. If the test section
is below groundwater, the test pressure shall be increased by an amount
sufficient to compensate for groundwater hydrostatic pressure; however,
the test pressure shall not exceed 10 psi, or a lower pressure as
required by the Superintendent. The pressure test gauge shall have
been recently calibrated, and a copy of the calibration results shall
be made available to the Superintendent prior to testing.
(7)
Vacuum testing alternative. In lieu of hydrostatic testing (exfiltration
or infiltration), vacuum testing may be employed for testing of sewer
lines and manholes. Sewer lines and manholes shall be tested separately.
All sewer lines to be tested shall be cleaned and flushed, and shall
have been backfilled, prior to testing. The vacuum test shall be based
on the time, measured in seconds, for the vacuum to decrease from
10 inches of mercury to nine inches of mercury for manholes, and from
seven inches of mercury to six inches of mercury for sewers. Acceptance
of manholes is based on the following:
|
Manhole Depth
(feet)
|
Manhole Diameter
(feet)
|
Time to Drop 1 Inch Hg
(10" to 9")
(seconds)
| |
|---|---|---|---|
|
10 or less
|
4
|
120
| |
|
10 to 15
|
4
|
150
| |
|
15 to 25
|
4
|
180
|
|
NOTES:
| |
|---|---|
|
For five-foot-diameter manholes, add 30 seconds to the times
above.
| |
|
For six-foot-diameter manholes, add 60 seconds to the times
above.
| |
|
If the test on the manhole fails (the time is less than that
tabulated above), necessary repairs shall be made and the vacuum test
repeated, until the manhole passes the test.
| |
|
Acceptance of sewers (7 inches Hg to 6 inches Hg) is based on
the time tabulated in the "Specification Time Required for a 0.5 PSIG
Pressure Drop" in the Uni-Bell PVC Pipe Association "Recommended Practice
for Low-Pressure Air Testing of Installed Sewer Pipe."
| |
|
The vacuum test gauge shall have been recently calibrated, and
a copy of the calibration results shall be made available to the Superintendent
prior to testing.
|
G.
Force mains.
(1)
Force mains serving sewage-lifting devices, such as grinder pumps and pump stations, shall be designed in accordance with § 149-7A hereof. Additional design requirements are:
(a)
Force main pipe material shall be:
[1]
Ductile-iron pipe. Pipe shall conform to ANSI A21.51. The minimum
wall thickness shall be Class 52 (ANSI A21.50). The pipe shall be
clearly marked with either "D" or "DUCTILE." Fittings shall conform
to ANSI A21.10.
[2]
Pipe and fittings shall be furnished with push-on joints conforming
to ANSI A21.11.
[3]
Pipe and fittings shall be cement mortar lined and have an internal
and external bituminous seal coating.
(b)
Polyvinyl chloride (PVC) plastic pipe.
[1]
Pipe shall conform to ASTM D2241. Materials used in the manufacture
of PVC pipe shall meet ASTM C1784. The minimum wall thickness shall
be SDR-21. Fittings shall conform to ASTM D2241. Joints and gaskets
shall conform to ASTM D2241, D1869, and F477.
(c)
Other pipe materials.
[1]
Other pipe materials require prior written approval of the Superintendent
before being installed.
[3]
Joint preparation and assembly shall be in accordance with the
manufacturer's written instructions.
[4]
Anchorages, concrete blocking, and/or mechanical restraint shall
be provided when there is a change of direction of 7 1/2º
or greater.
[5]
Drain valves shall be placed at low points.
[6]
Automatic air relief valves shall be placed at high points and
at four-hundred-foot intervals, on level force main runs.
[7]
Air relief and drain valves shall be suitably protected from
freezing.
[8]
When the daily average design detention time, in the force main,
exceeds 20 minutes, the manhole and sewer line receiving the force
main discharge or the sewage shall be treated so that corrosion of
the manhole and the exiting line are prevented. The corrosion is caused
by sulfuric acid biochemically produced from hydrogen sulfide anaerobically
produced in the force main.
[9]
The force main shall terminate, in the receiving manhole, at
a PVC plastic sewer pipe "T." The vertical arms of the "T" shall be
twice the diameter of the force main. The upper arm shall be at least
four feet long; the lower arm shall terminate in a PVC plastic sewer
pipe ninety-degree elbow in a flow channel directed to the manhole
exit pipe. The "T" and its arms shall be securely fastened to the
inside surface of the manhole wall using corrosion-resistant anchors.
(2)
Force main testing. All force mains shall be subjected to hydrostatic
pressure of 150% of the normal operating pressure. The duration of
the test, at pressure, shall be at least two hours. Before conducting
the test, the pipe shall be filled with water and all air shall be
expelled. During the test, water shall be added, as needed, to maintain
the test pressure. The amount of water added shall be recorded so
as to calculate leakage. Leakage shall not exceed 25 gallons per day
per mile per inch nominal pipe diameter. During the test, the owner
and the Superintendent shall walk the route of the force main and
examine the exposed pipe and the ground covering any backfilled pipe
to discover leaks. Leakage in excess of that specified above shall
be corrected with new material at the owner's expense and the
test repeated. Any observed leaks shall be repaired at the owner's
expense. Each test section length shall be as approved by the Superintendent,
but in no event longer than 1,000 feet.
H.
Final acceptance and warranty/surety. All sanitary sewers and extensions
to sanitary sewers constructed at the applicant's expense, after
final approval and acceptance by the Superintendent, and concurrence
by the Village Board, shall become the property of the Village and
shall thereafter be operated and maintained by the Village. No sanitary
sewer shall be accepted by the Village until four copies of as-built
drawings have been so filed with the Superintendent and the Superintendent
has approved the submitted drawings. Said sewers, after their acceptance
by the Village, shall be guaranteed against defects in materials or
workmanship for one year by the applicant. The guaranty shall be in
such form and contain such provision as deemed necessary by the Village
Board, secured by, in the Village Board's sole discretion, a
cash deposit, letter of credit, surety bond or such other security
as the Village Board may approve.
I.
Liability insurance and security coverage during construction period.
(1)
All contractors engaged in connecting house laterals with sanitary
sewers, who perform any work within the right-of-way of any street,
shall file such security and, if requested by the Village Board, an
agreement providing for a letter of credit, cash security or a bond
in the amount of $5,000 with the Village Clerk to indemnify the Village
against loss, cost, damage or expense sustained or recovered on account
of any negligence, omission or act of the applicant for such a permit,
or any of his or their agents, arising or resulting directly or indirectly
by reason of such permit or consent, or of any act, construction or
excavation done, made or permitted under authority of such permit
or consent. All bonds shall contain a clause that permits given by
the Village Board may be revoked at any time for just cause. Any required
agreement shall include the foregoing provisions.
(2)
Before commencing work, the above contractor shall file insurance
certificates with the Village Clerk for the following:
(a)
Workers' compensation and employer's liability insurance
as required by the laws of the state covering the contractor.
(b)
Personal injury liability having limits of not less than $500,000
each occurrence and $500,000 aggregate (completed operations/products,
personal injury).
(c)
Property damage liability having limits of not less than $500,000
for all damages arising during the life of the contract, and shall
include, but not be limited to, the following designated hazards:
(e)
Business excess liability insurance in the amount of $2,000,000.
(f)
All insurance policies must provide for five business days'
notice to the Village before cancellation and must cover all liabilities
of the Village and be in a form approved by the Village Board and
be in a satisfactory form approved by the Board.
(g)
The minimum insurance limits stated above shall be subject to
periodic review by the Village Board and adjustments made, by resolution,
as appropriate.
(3)
Where it is necessary to enter upon or excavate any highway or cut
any pavement, sidewalk or curbing, permission must be obtained from
the Superintendent of Highways if a Village highway is involved, from
the County Department of Public Works if a county highway is involved,
and/or from the New York State Department of Transportation if a state
highway is involved.
(4)
The foregoing security and insurance requirements, including the minimum limits above, shall be as established by the Village Board and shall be subject to the Village Board right to grant certain waivers for good cause shown on a case-by-case basis, and otherwise periodic review and adjustment, as appropriate, by the Village Board. A waiver of any such requirement shall only be granted where the Village Board determines that, notwithstanding such waiver, the objections of this § 149-7I shall still be achieved.
A.
Permit required for sewer connections. No unauthorized person shall
uncover, make any connection with or opening into, use, alter, or
disturb any public sewer or appurtenance thereof without first obtaining
a written permit from the Superintendent.
(1)
Inflow/infiltration prohibited. No person shall discharge or cause
to be discharged any storm cooling water or unpolluted industrial
waters to any sanitary sewer. Swimming pool drains shall not be connected
to any sanitary sewer.
B.
Sewer lateral permits.
(2)
In either case, a permit application shall be submitted to the Superintendent.
The permit application shall be supplemented by any plans, specifications,
or other information considered pertinent, in the judgment of the
Superintendent. A fee, for residential, commercial, institutional
and industrial users, as established by the Village Board, shall accompany
the application. Connections to existing manholes shall be made as
directed by the Superintendent.
C.
Laterals.
(1)
New building laterals. A separate and independent building lateral
shall be provided for every building requiring sanitary facilities.
When, however, there is a building behind a front building, the second
building may use the front building's building lateral, if there
is no other way to provide sanitary service to the back building.
New street laterals and/or building laterals shall not go under building
basements. In like fashion, a building shall not be constructed over
an existing lateral; the lateral shall be relocated after the Superintendent
has approved plans showing the relocation. If relocation is not physically
possible, then the lateral shall be:
(a)
Exposed and totally encapsulated in not less than three inches
of concrete; or
(b)
Exposed and walled and the building rooms above positively ventilated
outdoors.
(c)
All existing manholes in or under the basement shall be sealed
airtight in a manner acceptable to the Superintendent. No new manholes
shall be constructed on the portion of the lateral under the building.
(2)
Laterals serving several buildings. When building laterals are to
serve multiple dwelling structures, the building lateral shall be
sized in accordance with the metered water use and with sound professional
engineering judgment.
(3)
Laterals serving complexes. Where a lateral sewer is to serve a complex of industrial, commercial, institutional, or dwelling structures, special design of the building lateral system shall be required. Such lateral sewer shall be connected to the public sewer through a manhole. The Superintendent shall determine if and where this connection to the public sewer is required. If required, a new manhole shall be installed in the public sewer pursuant to § 149-7E and 149-12R and the lateral connection made and tested as directed by the Superintendent. Plans and specifications shall be prepared and submitted for approval pursuant to this chapter.
(4)
Dry sewers. Dry sewers shall be designed and installed in accordance
with this chapter.
D.
Using existing building laterals. Existing building laterals may
be used in connection with new buildings only when they are found,
on examination by the Superintendent, to meet all requirements of
this chapter.
E.
Lateral pipe materials. Building and street lateral pipe materials
shall be one of the following:
(1)
Tar-coated, service grade, cast-iron soil pipe conforming to ASTM
Specification A-74, "Cast Iron Pipe and Fittings." All dimensions,
weight and markings of the pipe shall conform to the requirements
of ANSI, Designation A112.5.1, except spigot ends shall be "plain
end" if gasket joints are used.
(2)
Polyvinyl chloride (PVC) pipe and fittings conforming to ASTM Specification
D-3034-73, "SDR-35 Polyvinyl Chloride (PVC) Sewer Pipe and Fittings."
All pipe shall be suitable for gravity sewer service. Provisions shall
be made for contraction and expansion at each joint with a rubber
ring. The bell shall consist of an integral wall section stiffened
with two PVC retainer rings which securely lock the solid cross-section
ring into position. Minimum "pipe stiffness" (F/Y) at five-percent
deflection shall be 46 psi when tested in accordance with ASTM Specification
D-2412. Any part of the building or street lateral that is located
within five feet of a water main or water service shall be constructed
of cast-iron soil pipe. Cast-iron soil pipe may be required by the
Superintendent where the building or street lateral is likely to be
damaged by tree roots. If installed on fill or unstable ground, the
building or street lateral shall be of cast-iron soil pipe, although
other pipe material may be permitted if such pipe is uniformly supported
on a poured concrete cradle approved by the Superintendent. The distance
between consecutive joints, as measured along the center line of the
installed pipe, shall not be less than 10 feet, except under abnormal
circumstances, in which case this dimension may be diminished, if
approved by the Superintendent. The size and slope of building and
street laterals shall be subject to approval by the Superintendent,
but in no event shall the internal pipe diameter be less than four
inches, nor shall the pipe slope be less than 1/4 inch per foot. The
street lateral shall include a full port curb stop with flow-through
diameter equal to that of the lateral. A curb box shall be installed.
F.
Street lateral to public sewer connection. At the point of connection
of a street lateral to a main sewer, a standard wye fitting and sufficient
one-eighth (forty-five-degree) bend fittings shall be used. The wye
fittings shall be installed so that flow in the "arm" shall transition
smoothly into the flow in the public sewer. No lateral connection
shall be made to the public sewer which permits the flow into the
public sewer from the lateral to enter at right angles. The inside
diameter of the fittings shall be same diameter as the street lateral
inside diameter.
G.
Future connection locations; as-built drawings. The street lateral,
including the wye and eighth-bend fittings, shall be connected to
the main sewer at the time of constructing the main sewer, for each
proposed lot for either immediate or future development. Laterals
installed for future development shall be fitted a standard plug approved
for use by the Superintendent. All sewer connections shall be via
a properly installed saddle on the main sewer pipe. No portion of
the lateral pipe shall protrude into the main sewer pipe. The location
of all lateral connections shall be field-marked with a two-inch by
six-inch corrosion- and rot-resistant board. The marker board shall
extend from the depth of the lateral to a minimum of two feet above
grade. The location of all lateral connections shall be indicated
on a drawing with a minimum of three tie lines indicated. Four copies
of this drawing, showing the as-built location of these connections,
shall be furnished to the Superintendent. A refundable deposit shall
be placed with Village to assure receipt of these as-builts. The deposit
shall be placed when application is made; the amount of the deposit
shall be $100 per sheet of plans showing locations of lateral connections.
No sanitary sewer shall be accepted by Village until four copies of
this record drawing have been so filed with the Superintendent and
the Superintendent has approved the submitted drawings.
H.
Special manhole requirements. When any street lateral is to serve a school, hospital, or similar institution, or public housing, or is to serve a complex of industrial or commercial buildings, or which, in the opinion of the Superintendent, will receive wastewater or industrial wastes of such volume or character that frequent maintenance of said building or street lateral is anticipated, then such street lateral shall be connected to the public sewer through a manhole. The Superintendent shall determine if and where this type of connection to the public sewer is required. Connections to existing manholes shall be made as directed by the Superintendent. If required, a new manhole shall be installed in the public sewer pursuant to § 149-7E and 149-12R and the lateral connection made thereto as directed by the Superintendent.
I.
Laterals at and near buildings. Building laterals laid parallel to
a bearing wall shall not be installed closer than three feet to such
wall. The building lateral shall enter the basement through the basement
wall no less than 12 inches above the basement floor. In no event
shall any building lateral be placed below the basement floor, except
with the expressed written approval of the Superintendent. The building
lateral shall be laid at uniform grade and in straight alignment insofar
as possible. Changes in direction shall be made only with properly
curved pipe and fittings. Changes of direction of 90º or greater
shall be made with a cleanout which extends to grade, terminating
in a terminal box set in concrete. In building laterals, said cleanouts
shall be provided such that the maximum distance between cleanouts
is 75 feet. The ends of all building or street laterals, which are
not connected to the interior plumbing of the building, for any reason,
shall be sealed against infiltration by a suitable stopper, plug,
or by other approved means.
J.
Sewage lifting. In all buildings in which any building drain is too
low to permit gravity flow to the public sewer, wastewater carried
by such drain shall be lifted by mechanical means and discharged to
the building lateral, on approval of the Superintendent.
K.
Lateral pipe installation. All excavations required for the installation
of a building or street lateral shall be open trench work, unless
otherwise approved by the Superintendent. Pipelaying and backfilling,
regardless of pipe material used, shall be performed in general accordance
with Paragraphs 3 through 6 of ASTM Specification C-12, except that
trench width, measured at the top of the installed pipe, shall not
exceed the outside pipe diameter plus 14 inches, and except that no
backfill shall be placed until the work has been inspected. The depth
of cover over the pipe shall be sufficient to afford protection from
frost, but in no case shall such depth be less than four feet. Where
it is physically impossible to provide cover of four feet, the depth
may be reduced to a minimum of two feet and the pipe shall be insulated,
as approved by the Superintendent.
L.
Watertight joints. All joints and connections shall be made watertight.
M.
Cast-iron pipe poured joints. Poured joints for cast-iron pipe shall
be firmly packed with oakum or hemp and the annulus filled with an
approved compound not less than one inch deep. The said compound shall
be run in with a single pouring, and caulked tight, if appropriate
for the compound used. No paint, varnish, or other coatings shall
be permitted on the jointing material until after the joint has been
tested and approved. The transition joint between cast-iron pipe and
other pipe materials shall be made with special adapters and jointing
materials approved by the Superintendent. If such joints are hot-poured,
the material shall not soften sufficiently to destroy the effectiveness
of the joint when subjected to a temperature of 160º F. nor be
soluble in any of the wastes carried by the lateral.
N.
Cast-iron push joints. Premolded gaskets may be used for hub and
plain end cast-iron pipe joints and joints with fittings, if approved
by the Superintendent. The gasket shall be a neoprene compression-type
unit which provides a positive seal in the assembled joint. The gasket
shall be a premolded, one-piece unit, designed for joining the cast-iron
hub and plain end soil pipe and fittings. The assembled joint shall
be sealed by compression of the gasket between the exterior surface
of the spigot and the interior surface of the hub. The joint shall
be assembled following the manufacturer's recommendations using
acceptable lubricant and special pipe-coupling tools designed for
that purpose. The plain spigot end shall be forced into the hub end
of the pipe for the full depth of the hub itself. Lubricant shall
be a bland, flax-base, nontoxic material and shall not chemically
attack the gasket material.
O.
PVC push joints. Joints for PVC sewer pipe shall follow the manufacturer's recommendations, using properly designed couplings and rubber gaskets pursuant to the published information relating thereto, and conforming to the applicable ASTM specification identified in § 149-8E.
P.
Building lateral/street lateral connection.
(1)
The connection of the building lateral to an existing street lateral shall be made at the property line. Except as provided under § 149-7B and C, if a street lateral has not previously been provided, the street lateral will be constructed from the existing public sewer to the property line, by a licensed plumber, at the owner's expense. The street lateral shall be installed with a properly sealed and covered cleanout to grade located at the property line. The cleanout shall terminate in a metal box imbedded in concrete.
(2)
The cost of constructing the street lateral from the existing public
sewer to the property line shall be at the property owner's expense;
all subsequent costs and expense incidental to the installation and
connection of the building lateral shall also be borne by the owner.
(3)
The property owner shall indemnify the Village from any loss or damage
that may directly or indirectly be occasioned by the installation
of the building lateral.
(4)
It shall be the responsibility of the property owner to maintain,
repair, or replace the building lateral, as needed.
(5)
The method of connection of the building lateral to the street lateral
will be dependent upon the type of sewer pipe material and, in all
cases, shall be approved by the Superintendent. After installation
of the street lateral has been approved by the Superintendent, the
new street lateral shall become the property of the Village. Any subsequent
repairs to the new street laterals shall be made by the Village at
the Village's expense.
Q.
Cleanout repair/replacement. If, in the judgment of the Superintendent,
it is determined that a building lateral, without a property line
cleanout, needs repair or replacement, the Village may install a cleanout
at the property line, at the property owner's expense, such that
the street lateral can be maintained independently of the building
lateral.
R.
Street lateral replacement; ownership. Subject to § 149-8Y, any existing street lateral which, upon examination by the Superintendent, is determined to be in need of replacement will be replaced with a new street lateral with a property line cleanout. The replacement street lateral shall be constructed by a licensed plumber. The cost of constructing the replacement street lateral and cleanout shall be at the property owner's expense. Once the replacement street lateral and cleanout have been constructed and approved by the Superintendent, the new street lateral shall become the property of the Village. Any repairs to new street laterals shall be made by the Village at the Village's expense.
T.
Connection inspection. The applicant for the building lateral permit
shall notify the Superintendent when the building lateral is ready
for inspection and connection is to be made to the street lateral.
The connection shall be made under the supervision of the Superintendent.
The applicant for the street lateral permit shall notify the Superintendent
when the street lateral is ready for inspection and connection is
to be made to the main sewer. The connection shall be made under the
supervision of the Superintendent.
U.
Trench inspections. When trenches are excavated for the laying of
building lateral pipes or for laying of street lateral pipes, such
trenches shall be inspected by the Superintendent. Before the trenches
are backfilled, the person performing such work shall notify the Superintendent
when the laying of the building lateral is completed, and no backfilling
of trenches shall begin until approval is obtained from the Superintendent.
V.
Public safety provisions required; restoration of disturbed areas. All excavations for constructing building laterals shall be adequately protected 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 Superintendent. When installation requires disturbance of paved public roads and shoulders, restoration shall involve backfilling to road grade. Shortly thereafter, the Village Department of Public Works (DPW) shall complete road and shoulder restoration to the Village standards. The cost for such final road and shoulder restoration by the DPW shall be included with the fees paid with the application for the permit required in § 149-8B.
W.
Interior cleanout. An interior cleanout fitting shall be provided
for each building lateral at a readily accessible location, preferably
just inside the basement wall. The fitting shall contain a forty-five-degree
branch with removable plug or test tee, and so positioned that sewer
cleaning equipment can be inserted therein to clean the building lateral.
The cleanout diameter shall be no less than the building lateral diameter.
X.
Costs borne by owner. Except as provided at § 149-8Y, all costs associated with the provisions of this chapter shall be borne by the property owner unless specifically agreed in writing to be a cost borne by the Village. The property owner shall indemnify the Village from any loss or damage that may be directly or indirectly occasioned by the installation of the building and street laterals and connections and appurtenances.
Y.
Transfer of liability; responsibility following capital project.
Notwithstanding any other provisions hereof to the contrary or otherwise,
the comprehensive requirements for the owner to be solely responsible
for maintenance, repair and replacement of the entire building and
street lateral shall be subject to the following exception: The portion
of street lateral, including vent, trap and/or cleanout (if any) located
within the public street right-of-way, shall be and remain the sole
responsibility of the Village; provided, however, and effective only
upon the following:
(1)
Such owner, or the Village at the owner's expense and as part
of a capital project publicly financed with the expense of lateral
replacement assessed to the owner(s), or otherwise paid by such owner
pursuant to the provisions hereof, having undertaken or consented
to the replacement in its entirety of, or installation of, as a new
service, the/an entire lateral line (and related infrastructure, including
specifically, trap, cleanout and vent) running from the public sewer
main to the subject dwelling or building) ("lateral replacement");
(2)
Such owner having granted to the Village (any) easement(s) as determined
necessary by the Village, if any, to permit:
(a)
The Village to install and construct, or have installed or constructed
to completion, the lateral replacement, and including to permit access
to the owner's property during any punchlist or warranty/guaranty
periods; and
(b)
The Village, its contractors and equipment such access and use
as necessary to maintain, repair or replace that portion of the lateral
replacement located within the right-of-way, and/or to determine if
any blockage, leak or similar problem is located within, arises from,
or is otherwise related to that portion of the lateral replacement
located within the right-of-way, or arises from the owner's premises,
from the public sewer main to the building or residence located on
the benefiting premises.
(3)
Any owner seeking to exercise or enforce any rights hereunder as
against the Village shall be deemed to have granted such easement
notwithstanding the failure to execute and deliver the required easement
instrument(s) or otherwise perform and abide by the provisions hereof.
(4)
Any owner seeking to exercise or enforce any rights hereunder or
against the Village and whose lateral replacement occurred as an owner-initiated
private replacement (and not public capital project) must establish
that such work was properly and timely permitted and required under
the Village Code, inspected and approved and such easement(s) granted
as required under this section.
(5)
Notwithstanding the provisions hereof related to the obligation and
duty for repair, replacement and maintenance of such portion of the
sanitary sewer lateral and related infrastructure components, the
Village shall not be so obligated and the same shall be and remain
the sole obligation and duty of the owner:
(a)
For and to the extent any such need or request for maintenance,
repair or replacement, or circumstances for which same arises, has
occurred during the period(s) when sewer charges, rents, interests/penalties
and/or assessments for the capital improvements contemplated herein
are delinquent; provided, however, that delivery to Village of the
owner's written agreement to, and the payment of such delinquencies
in full, together with all penalties plus a security deposit equal
to the past two quarter-annual invoices to be paid to the Village
and maintained for a two-year period, shall effect a resumption of
the Village's obligations from such date of delivery; or
(b)
Where the need for maintenance, repair or replacement of the Village portion of the lateral and related infrastructure has arisen due to the intentional, wanton, reckless or grossly negligent acts or omissions of the owner; however, absent reasonable evidence of same, the Village shall proceed with such repair, replacement or maintenance subject to a hearing on 10 days' written notice to the owner (via registered mail at the property address and any address shown in the Village's assessment records for billing to the owner), to determine the owner's liability for same per this Subsection Y(5)(b) or otherwise, and to determine the reasonable cost of such maintenance, repair or replacement, and in the event of nonpayment, whether or not to assess the owner's property with such costs.
A.
New inflow sources prohibited. No connections shall be made to a
sanitary or to a combined sewer which connections are intended to
discharge inflow. Such prohibited connections include, but are not
limited to, footing drains, roof leaders, roof drains, cellar drains,
sump pumps, catch basins, uncontaminated cooling water discharges,
or other sources of inflow.
B.
Existing inflow sources disconnected. For properties where separate
storm sewers are available within 100 feet of the property line or
where, in the judgment of the Superintendent, sufficient natural drainage
is available, connections which contribute inflow to the sanitary
sewers must be disconnected in a fashion approved by the Superintendent,
prior to the sale of the property.
C.
Existing inflow sources disconnected when property sold. Upon notice
from the Tax Assessor, the Superintendent shall inspect any newly
sold property for the purpose of determining if storm sewers or natural
drainage is available, and, if so, if all connections which contribute
inflow have been disconnected.
D.
No reconnection of inflow source allowed. It shall be a willful violation
of this chapter for any person to reconnect any inflow source which
has been disconnected pursuant to this chapter.
E.
Charges for inflow. The Superintendent is enabled to take whatever action is necessary to determine the amount of inflow, including the requirement for installation of a control manhole. The property from which the inflow originated shall be billed for inflow according to § 149-16; however, the Village Board may cause a surcharge at a rate not to exceed five times that for normal sewage volume charge.
A.
Licenses and application. The discharge of trucked or hauled wastes into the Village sewer system and public sewers tributary thereto will be permitted only with the written approval (license) of the Superintendent. Applicants for such license shall apply on a form provided by the Superintendent. These forms may require information such as vehicle specifications, vehicle license number, vehicle color, NYSDEC permits issued under 6 NYCRR Part 364, approximate annual septage volume expected, service area, and any other information that the Superintendent may require, to determine whether the trucked or hauled wastes could adversely impact the POTW. The application shall be accompanied by a fee prescribed by the Superintendent, not to exceed $100. The licensee of trucked or hauled wastes will also be charged a fee for each dumping, in accordance with § 149-16. The dumping fee shall be paid prior to dumping.
B.
Concurrent requirements. The applicant for a license to truck or
haul wastes shall be the owner of the vehicle or vehicles to be used
for such discharge. Any false or misleading statement in any license
application shall be grounds for invalidating the license. All licenses
issued by the Superintendent for this purpose shall be for one year.
The licensee shall also be duly permitted by the NYSDEC under 6 NYCRR
Part 364 ("364 permit"). If, for any reason, the 364 permit is revoked,
or the 364 permit lapses or becomes invalid, then the license issued
under this chapter shall become invalid immediately. All acts performed
in connection with the license shall be subject to the inspection
and regulations, as established by the Superintendent, the terms and
conditions of the license, and all local and general laws, ordinances,
and regulations which are now or may come into effect; and such license
may be suspended or revoked, at any time, by the Superintendent for
willful, continued, or persistent violation thereof.
C.
Dumping location and timing. The Superintendent may require discharging
at only certain locations within the POTW, and only at certain times,
and on only certain days of the week, or seasons of the year, as shall
be stated on said license or as may be relocated by the Superintendent,
after appropriate notice. The time and conditions for permissible
discharge shall be as set forth on the license, or as may be revised
by the Superintendent, after appropriate notice.
D.
Notification of dumping. Each discharge of trucked or hauled wastes
shall be made only with the approval of the Superintendent. The Superintendent
may require inspection, sampling, and analysis of each load prior
to the discharge of a load. Any extra costs associated with such inspection,
sampling, and analysis shall be paid by the licensee.
A.
Pretreatment standards. All users of the Village's POTW will comply
with all standards and requirements of the Act and standards and requirements
promulgated pursuant to the Act, including but not limited to 40 CFR
Parts 406 to 471.
B.
General prohibitions. No user shall contribute or cause to be contributed,
in any manner or fashion, directly or indirectly, any pollutant or
wastewater which will interfere with the operation or performance
of the POTW. These general prohibitions apply to all such users of
a POTW, whether or not the user is subject to National Categorical
Pretreatment Standards or any other national, state, or local pretreatment
standards or requirements. Without limiting the generality of the
foregoing, a user may not contribute the following substances to the
POTW:
(1)
Any solids, liquids, 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 a fire or an explosion or be injurious,
in any way, to the POTW, or to the operation of the POTW. At no time
shall both of two successive readings on a flame-type explosion hazard
meter, at the point of discharge into the system (or at any other
point in the system), be more than 25% nor any single reading be more
than 40% of the lower explosive limit (LEL) of the meter. Unless explicitly
allowable by a written permit, prohibited materials include, but are
not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene,
ethers, alcohols, carbides, hydrides, and sulfides, and any other
substance which the Village, the state, or the EPA has determined
to be a fire hazard or hazard to the POTW.
(2)
Solid or viscous substances which may cause obstruction to the flow
in a sewer or otherwise interfere with the operation of the wastewater
treatment facilities. Unless explicitly allowable by a written permit,
such substances include, but are 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, plastics, gas, tar asphalt residues,
residues from refining or processing fuel or lubricating oil, mud,
or glass or stone grinding or polishing wastes.
(3)
Any wastewater having a pH less than 5.0 or greater than 10.0, unless
the POTW was specifically designed to manage such wastewater, or wastewater
having any other corrosive property capable of causing damage or hazard
to structures, equipment, and/or POTW personnel.
(4)
Any wastewater containing toxic pollutants in sufficient quantity,
either singly or by interaction with other pollutants (including heat),
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 the POTW, to 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.
(5)
Any noxious or malodorous solids, liquids, or gases which, either
singly or by interaction with other wastes, are sufficient to create
a public nuisance or a hazard to life or are sufficient to prevent
entry into the sewers for their maintenance or repair.
(6)
Oils and grease. Any commercial, institutional, or industrial wastes
containing fats, waxes, grease, or oils which become visible solids
when the wastes are cooled to 10º C. (50º F.); any petroleum
oil, nonbiodegradable cutting oil, or products of mineral oil origin,
in excess of 100 mg/l or in amounts that will cause interference or
pass-through.
(7)
Any wastewater which will cause interference or pass-through.
(8)
Any wastewater with objectionable color which is not removed in the
treatment process, such as, but not limited to, dye wastes, and vegetable
tanning solutions.
(9)
Any solid, liquid, vapor, or gas having a temperature higher than
65º C. (150º F.); however, such materials shall not cause
the POTW treatment plant influent temperature to be greater than 40º
C. (104º F.). The Superintendent reserves the right, in certain
instances, to prohibit or limit the discharge of wastes whose maximum
temperatures are lower than 65º C.
(10)
Unusual flow rate or concentration of wastes, constituting slugs,
except by industrial wastewater permit.
(11)
Any wastewater containing any radioactive wastes, except as
approved by the Superintendent and in compliance with applicable state
and federal regulations.
(12)
Any wastewater which causes a hazard to human life or which
creates a public nuisance, either by itself or in combination, in
any way, with other wastes.
(13)
Any wastewater with a closed-cup flash point of less than 140º
F. or 60º C. using the test methods specified in 40 CFR Part
261.21.
(14)
Any pollutants which result in the presence of toxic gases,
vapors or fumes within the POTW in a quantity that may cause acute
worker health and safety problems.
C.
Concentration-based
limitations.
(1)
No person shall discharge, directly or indirectly, into the POTW wastewater containing any of the following substances in concentrations exceeding those specified below on either a daily or an instantaneous basis, except by permit or as provided for in § 149-11D hereof. Concentration limits are applicable to wastewater effluents at the point just prior to discharge into the POTW ("end of pipe" concentrations).
|
Substance
(1)
|
Allowable Average Daily
(2)
|
Allowable Maximum Instantaneous
(3)
|
|---|---|---|
|
Antimony
|
1.0 mg/L
|
1.0 mg/L
|
|
Arsenic
|
0.5 mg/L
|
0.5 mg/L
|
|
Barium
|
2.0 mg/L
|
2.0 mg/L
|
|
Beryllium
|
5.0 mg/L
|
5.0 mg/L
|
|
Cadmium
|
0.5 mg/L
|
0.5 mg/L
|
|
Chromium (hex)
|
3.0 mg/L
|
3.0 mg/L
|
|
Chromium (total)
|
3.0 mg/L
|
3.0 mg/L
|
|
Copper
|
3.0 mg/L
|
3.0 mg/L
|
|
Cyanide (complex)
|
6.0 mg/L
|
6.0 mg/L
|
|
Cyanide (free)
|
1.0 mg/L
|
1.0 mg/L
|
|
Iron
|
5.0 mg/L
|
5.0 mg/L
|
|
Lead
|
0.5 mg/L
|
0.5 mg/L
|
|
Manganese
|
5.0 mg/L
|
5.0 mg/L
|
|
Mercury
|
< 0.002 mg/L
|
< 0.002 mg/L
|
|
Nickel
|
3.0 mg/L
|
3.0 mg/L
|
|
Phenols, total
|
0.09 mg/L
|
0.09 mg/L
|
|
Selenium
|
1.0 mg/L
|
1.0 mg/L
|
|
Silver
|
1.0 mg/L
|
1.0 mg/L
|
|
Zinc
|
4.0 mg/L
|
4.0 mg/L
|
(2)
Effluent
concentration limit - mg/l.
(a)
Except for chromium (hex), all concentrations listed for metallic
substances shall be as "total metal," which shall be defined as the
value measured in a sample acidified to a pH value of 2 or less, without
prior filtration.
(b)
As determined on a composite sample taken from the user's
daily discharge over a typical operational and/or production day.
(c)
As determined on a grab sample taken from the user's discharge
at any time during the daily operational and/or production period.
(d)
Other substances which may be limited are:
[1]
Alkanes, alkenes and alkynes.
[2]
Aliphatic and aromatic alcohols and acids.
[3]
Aliphatic and aromatic aldehydes and ketones.
[4]
Aliphatic and aromatic esters.
[5]
Aliphatic and aromatic halogenated compounds.
[6]
Aliphatic and aromatic nitro, cyano and amino compounds.
[7]
Antibiotics.
[8]
Benzene derivatives.
[9]
Chemical compounds which, upon acidification, alkalinization,
oxidation or reduction, in the discharge or after admixture with wastewater
and its components in the POTW, produce toxic, flammable, or explosive
compounds.
[10]
Pesticides, including algicides, fungicides, herbicides,
insecticides, rodenticides.
[11]
Phthalates.
[12]
Polyaromatic and polynuclear hydrocarbons.
[13]
Total toxic organics, TTO, as defined in 40 CFR
433.11.
[14]
Toxic organic compounds regulated by federal pretreatment
standards.
[15]
Unsaturated aliphatics, including those with an
aldehyde, ketone or nitrile functional group.
[16]
Viable pathogenic organisms from industrial processes
or hospital procedures.
D.
Mass discharge-based limitations. The Village may establish mass-based limits based upon effluent limits established above in Subsection C and the designed flow for the POTW.
(1)
Allowable POTW influent loading.
|
Substance
|
Average Daily
(pounds per day)
|
|---|---|
|
(Reserved)
| |
(2)
The Superintendent shall determine the total allowable influent load
of each substance from significant industrial users.
(a)
In determining the total load of each substance that significant
industrial users shall be allowed to discharge, the Superintendent
shall consider:
[1]
The quantities of each substance that are uncontrollable because
they occur naturally in wastewater;
[2]
The quantities of each substance that are anthropogenic but
are nonetheless uncontrollable;
[3]
Historical discharge trends;
[4]
Past pollution-control efforts of each significant industrial
user as compared to other significant industrial dischargers of the
same substance;
[5]
Potential for growth in the POTW service area;
[6]
Potential for more-restrictive regulatory requirements to be
placed on the POTW discharge or sludge disposal or sludge reuse method;
and
[7]
Treatability of the substance.
(b)
The superintendent shall apply a minimum fifteen-percent safety factor
to be protective of the POTW.
(3)
To assure that the total loads so calculated, for each substance,
are not violated, the Superintendent shall issue permits to significant
industrial users limiting discharge loads.
E.
Modification of limitations.
(1)
Limitations on wastewater strength or mass discharge contained in
this chapter may be supplemented with more-stringent limitations when,
in the opinion of the Superintendent:
(a)
The limitations in this chapter are not sufficient to protect the
POTW;
(b)
The limitations in this chapter are not sufficient to enable
the POTW treatment plant to comply with applicable water quality standards
or the effluent limitations specified in the POTW's SPDES permit;
(c)
The POTW sludge will be rendered unacceptable for disposal or
reuse, as the Village desires, as a result of discharge of wastewaters
at the above-prescribed concentration limitations;
(d)
Municipal employees or the public will be endangered; or
(e)
Air pollution and/or groundwater pollution will be caused.
(2)
The
limitations on wastewater strength or mass discharge shall be recalculated
not less frequently than once every five years. The results of these
calculations shall be reported to the Village Board. This chapter
shall then be amended appropriately. Any issued industrial wastewater
discharge permits which have limitations based directly on any limitations
which were changed shall be revised and amended, as appropriate.
F.
Access to user's records. The Superintendent shall have the
authority to copy any record related to wastewater discharges to the
POTW.
G.
Dilution. Except where expressly authorized to do so by an applicable
pretreatment standard, no user shall ever increase the use of process
water or in any other way attempt to dilute a discharge as a partial
or complete substitute for adequate treatment to achieve compliance
with a pretreatment standard. Dilution flow shall be considered to
be inflow.
H.
Grease, oil, and sand interceptors. Grease, oil, and sand interceptors
shall be provided when, in the opinion of the Superintendent, they
are necessary for the proper handling of wastewater containing excessive
amounts of grease, flammable substances, sand, or other harmful substances;
except that such interceptors shall not be required for private living
quarters or living units. All interceptors shall be of type and capacity
approved by the Superintendent and shall be so located to be easily
accessible for cleaning and inspection. Such interceptors shall be
inspected, cleaned, and repaired regularly, as needed, by the owner,
at his expense.
I.
Solid waste grinders. Solid waste grinders at or serving commercial
establishments, institutions or industries shall not discharge into
the Village's POTW if there is a combined sewer overflow (CSO) on
the sewer lines conveying the waste to the POTW treatment plant.
J.
Rejection of wastewater. The Village Board may reject a user's wastewater, on recommendation of the Superintendent, when it is has been determined that the wastewater contains substances or possesses characteristics which have a deleterious effect on the POTW and its processes, or on the receiving water, or which constitute a public nuisance or hazard. See § 149-12BB hereof.
A.
Wastewater discharge reports. As a means of determining compliance
with this chapter, with applicable SPDES permit conditions, and with
applicable state and federal law, each industrial user shall be required
to notify the Superintendent of any new or existing discharges to
the POTW by submitting a completed Industrial Chemical Survey (ICS)
form and a completed Industrial Wastewater Survey (IWS) form to the
Superintendent. The Superintendent may require any user discharging
wastewater into the POTW to file wastewater discharge reports and
to supplement such reports as the Superintendent deems necessary.
All information shall be furnished by the user in complete cooperation
with the Superintendent.
B.
Notification to industrial users. The Superintendent shall, from
time to time, notify each industrial user of applicable pretreatment
standards, and of other applicable requirements under Section 204(b)
and Section 405 of the Clean Water Act, and Subtitles C and D of RCRA.
C.
Wastewater discharges. No significant industrial user shall discharge
wastewater to the POTW without having a valid wastewater discharge
permit, issued by the Superintendent. Significant industrial users
shall comply fully with the terms and conditions of their permits
in addition to the provisions of this chapter. Violation of a permit
term or condition is deemed a violation of this chapter.
D.
Wastewater discharge permits required for significant industrial
users. All significant industrial users proposing to connect to or
to discharge to the POTW shall obtain a wastewater discharge permit
before connecting to or discharging to the POTW. Existing significant
industrial users shall make application for a wastewater discharge
permit within 30 days after the effective date of this chapter and
shall obtain such a permit within 90 days after making application.
E.
Other industrial users. The Superintendent may issue wastewater discharge
permits to other industrial users of the POTW.
F.
Discharge permits to storm sewers not authorized. The Village does
not have the authority to issue permits for the discharge of any wastewater
to a storm sewer. This authority rests with the NYSDEC.
G.
Application for wastewater discharge permits. Industrial users required to obtain a wastewater discharge permit shall complete and file with the Superintendent an application in the form prescribed by the Village. The application shall be accompanied by a fee, as set forth in § 149-16C.
(1)
In support of any application, the industrial user shall submit,
in units and terms appropriate for evaluation, the following information:
(a)
Name, address, and location (if different from the address).
(b)
SIC code of both the industry and any categorical processes.
(c)
Wastewater constituents and characteristics, including but not limited to those mentioned in § 149-11 of this chapter and which are limited in the appropriate categorical standard, as determined by a reliable analytical laboratory approved by the NYSDOH. Sampling and analysis shall be performed in accordance with Standard Methods.
(d)
Time and duration of the discharge.
(e)
Average daily peak wastewater flow rates, including daily, monthly,
and seasonal variations, if any.
(f)
Site plans, floor plans, mechanical and plumbing plans, and
details to show all sewers, sewer connections, and appurtenances.
(g)
Description of activities, facilities, and plant processes on
the premises, including all materials which are or could be discharged
to the POTW.
(h)
Each product produced by type, amount, process or processes,
and rate of production.
(i)
Type and amount of raw materials processed (average and maximum
per day).
(j)
Number and type of employees, and hours of operation, and proposed
or actual hours of operation of the pretreatment system.
(k)
The nature and concentration of any pollutants in the discharge
which are limited by any county, state, or federal standards and a
statement whether or not the standards are being met on a consistent
basis and, if not, whether additional operation and maintenance (O&M)
and/or additional pretreatment is required for the user to meet all
applicable standards.
(l)
If additional pretreatment and/or O&M will be required to
meet the standards, then the industrial user shall provide the shortest
schedule to accomplish such additional treatment and/or O&M. The
completion date in this schedule shall not be longer than the compliance
date established for the applicable pretreatment standard. The following
conditions shall apply to this schedule:
[1]
The schedule shall contain progress increments in the form of
dates for the commencement and completion of major events leading
to the construction and operation of additional pretreatment required
for the user to meet the applicable pretreatment standards (such events
include hiring an engineer, completing preliminary plans, completing
final plans, executing contracts for major components, commencing
construction, completing construction, beginning operation, and beginning
routine operation).
[2]
No increment referred to in Subsection G(1)(l)[1] above shall exceed nine months, nor shall the total compliance period exceed 18 months.
[3]
No later than 14 calendar days following each date in the schedule
and the final date for compliance, the user shall submit a progress
report to the Superintendent, including, as a minimum, whether or
not it complied with the increment of progress to be met on such date
and, if not, the date on which it expects to comply with this increment
of progress, the reason for delay, and the steps being taken by the
user to return to the established schedule. In no event shall more
than nine months elapse between such progress reports to the Superintendent.
(m)
Any other information as may deemed by the Superintendent to
be necessary to evaluate the permit application. The Superintendent
will evaluate the data furnished by the industrial user and may require
additional information. After evaluation and acceptance of the data
furnished, the Village may issue a wastewater discharge permit subject
to terms and conditions provided herein.
H.
Permit modifications.
(1)
Wastewater discharge permits may be modified by the Superintendent,
upon 30 days' notice to the permittee, for just cause. Just cause
shall include, but not be limited to:
(a)
Promulgation of an applicable National Categorical Pretreatment Standard;
(b)
Revision of or a grant of a variance from such categorical standards
pursuant to 40 CFR 403.13;
(d)
Changes in processes used by the permittee, or changes in discharge
volume or character;
(e)
Changes in design or capability of any part of the POTW;
(f)
Discovery that the permitted discharge causes or contributes
to pass-through or interference; and
(g)
Changes in the nature and character of the sewage in the POTW
as a result of other permitted discharges.
(2)
Any changes or new conditions in the permit shall include a reasonable time schedule for compliance as set forth in § 149-12G(1)(l)[1].
I.
Permit conditions. Wastewater discharge permits shall be expressly
subject to all the provisions of this chapter and all other applicable
regulations, user charges and fees established by the Village. Permits
may contain the following:
(1)
Limits on the average and maximum rate and time of discharge, or
requirements for flow regulation and equalization.
(2)
Limits on the average and maximum wastewater constituents and characteristics,
including concentration or mass discharge limits.
(3)
The unit charge or schedule of user charges and fees for the management
of the wastewater discharged to the POTW.
(4)
Requirements for installation and maintenance (in safe condition)
of inspection and sampling facilities.
(5)
Specifications for monitoring programs, which may include sampling
locations, frequency of sampling, number, types, and standards for
tests, and reporting schedules.
(6)
Compliance schedules.
(7)
Requirements for submission of technical reports or discharge reports.
(8)
Requirements for maintaining and retaining plant records relating
to wastewater discharge, as specified by the Village, and affording
the Superintendent access thereto.
(9)
Requirements for notification of the Village of any new introduction
of wastewater constituents or of any substantial change in the volume
or character of the wastewater constituents being introduced into
the POTW.
(10)
Requirements for the notification of the Village of any change
in the manufacturing and/or pretreatment process used by the permittee.
(11)
Requirements for notification of excessive, accidental, or slug
discharges.
(12)
Other conditions as deemed appropriate by the Village to ensure
compliance with this chapter and state and federal laws, rules, and
regulations.
J.
Permit duration. Permits shall be issued for a specified time period,
not to exceed five years. A permit may be issued for a period less
than five years.
K.
Permit reissuance. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification, by the Superintendent, during the term of the permit, as limitations or requirements, as identified in § 149-12H, or other just cause exists. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of the change. Any changes or new conditions in the reissued permit shall include a reasonable time schedule for compliance as established in § 149-12G(1)(l)[1].
L.
Permit transfer. Wastewater discharge permits are issued to a specific
user for a specific operation, or discharge at a specific location.
A wastewater discharge permit shall not be reassigned, transferred,
or sold to a new owner, new user, different premises, or a new or
changed operation.
M.
Permit revocation. Wastewater discharge permits may be revoked for
the following reasons: falsifying self-monitoring reports, tampering
with monitoring equipment, refusing to allow the Superintendent timely
access to the industrial premises, failure to meet effluent limitations,
failure to pay fines, failure to pay user charges, and failure to
meet compliance schedules.
N.
Public notification. The Village will publish in the Village official
daily newspaper(s) informal notice of intent to issue a wastewater
discharge permit, at least 14 days prior to issuance.
O.
Reporting requirements for permittee.
(1)
The reports or documents required to be submitted or maintained under
this section shall be subject to:
(a)
The provisions of 18 U.S.C. § 1001, relating to fraud
and false statements;
(b)
The provisions of Section 309(c)(4) of the Act, as amended,
governing false statements, representation or certification; and
(c)
The provisions of Section 309(c)(6) of the Act, as amended,
regarding corporate officers.
(2)
Baseline monitoring report. Within 180 days after promulgation of an applicable Federal Categorical Pretreatment Standard, a user subject to that standard shall submit, to the Superintendent the information required by § 149-12G(1)(h) and (i).
(3)
Ninety-day compliance report. Within 90 days following the date for
final compliance with applicable pretreatment standards or, in the
case of a new source, following commencement of the introduction of
wastewater into the POTW, any user subject to pretreatment standards
and requirements shall submit to the Superintendent a report indicating
the nature and concentration of all pollutants in the discharge, from
the regulated process, which are limited by pretreatment standards
and requirements, and the average and maximum daily flow for these
process units in the user's facility which are limited by such
pretreatment standards and requirements. The report shall state whether
the applicable pretreatment standards and requirements are being met
on a consistent basis and, if not, what additional O&M and/or
pretreatment is necessary to bring the user into compliance with the
applicable pretreatment standards or requirements. This statement
shall be signed by an authorized representative of the industrial
user and certified to by a qualified professional.
(4)
Periodic compliance reports.
(a)
Any user subject to a pretreatment standard, after the compliance date of such pretreatment standard or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the Superintendent, during the months of June and December, unless required more frequently in the pretreatment standard or by the Superintendent, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of all daily flows which, during the reporting period, exceeded the average daily flow reported in § 149-12G. At the discretion of the Superintendent, and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Superintendent may agree to alter the months during which the above reports are to be submitted; however, no fewer than two reports shall be submitted per year.
(b)
The Superintendent may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or requirements or in other cases where the imposition of mass limitations is appropriate. In such cases, the report required by § 149-12O(4)(a) shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of discharge sampling and analysis, including the flow, and the nature and concentration, or production and mass, where requested by the Superintendent, of pollutants contained therein which are limited by the applicable pretreatment standard. All analyses shall be performed in accordance with Standard Methods by a laboratory certified by NYSDOH to perform the analyses.
(5)
Violation report. If sampling, performed by the user, indicates a
violation of this chapter and/or the user's discharge permit,
the user shall notify the Superintendent within 24 hours of becoming
aware of the violation. The user shall also repeat the sampling and
analysis and submit the results of the repeat analysis to the Superintendent
within 30 days after becoming aware of the violation. The user is
not required to resample if the POTW performs monitoring of the user's
discharge at least once a month for the parameter which was violated,
or if the POTW performs sampling for the parameter which was violated,
between the user's initial sampling and when the user receives
the results of this sampling.
(6)
Other reports. The Superintendent may impose reporting requirements equivalent to the requirements imposed by § 149-12O(4) for users not subject to pretreatment standards.
P.
Flow equalization. No person shall cause the discharge of slugs to
the POTW. Each person discharging into the POTW greater than 100,000
gallons per day or greater than 5% of the average daily flow in the
POTW, whichever is lesser, shall install and maintain, on his property
and at his expense, a suitable storage and flow control facility to
ensure equalization of flow over a twenty-four-hour period. The facility
shall have a capacity for at least 50% of the daily discharge volume
and shall be equipped with alarms and a rate-of-discharge controller,
the regulation of which shall be directed by the Superintendent. A
wastewater discharge permit may be issued solely for flow equalization.
Q.
Monitoring stations (control manholes).
(1)
All significant industrial users, and other industrial users whose
industrial waste discharge has caused or may cause interference or
pass-through, shall install and maintain a suitable monitoring station,
on their premises at their expense, to facilitate the observation,
sampling, and measurement of their industrial wastewater discharge.
(2)
If there is more than one street lateral serving an industrial user,
the Superintendent may require the installation of a control manhole
on each lateral.
(3)
The Superintendent may require that such monitoring station(s) include
equipment for the continuous measurement and recording of wastewater
flow rate and for the sampling of the wastewater. Such station(s)
shall be accessibly and safely located, and the industrial user shall
allow immediate access, without prior notice, to the station by the
Superintendent, or his designated representative.
R.
Proper design and maintenance of facilities and monitoring stations.
Preliminary treatment, and flow equalization facilities, or monitoring
stations, if provided for any wastewater, shall be constructed and
maintained continuously clean, safe, and continuously operational
by the owner at his expense. Where an industrial user has such treatment,
equalization, or monitoring facilities at the time this chapter is
enacted, the Superintendent may approve or disapprove the adequacy
of such facilities. Where the Superintendent disapproves of such facilities
and construction of new or upgraded facilities for treatment, equalization,
or monitoring is required, plans and specifications for such facilities
shall be prepared by a licensed professional engineer and submitted
to the Superintendent. Construction of new or upgraded facilities
shall not commence until written approval of the Superintendent has
been obtained.
S.
Vandalism, tampering with measuring devices. No unauthorized person
shall negligently break, damage, destroy, uncover, deface, tamper
with, prevent access, or render inaccurate, or cause or permit the
negligent breaking, damaging, destroying, uncovering, defacing, tampering
with, preventing access, or rendering inaccurate of:
T.
Sampling and analysis. Sampling shall be performed so that a representative portion of the wastewater is obtained for analysis. All measurements, tests, and analyses of the characteristics of waters and wastes required in any section of this chapter shall be carried out in accordance with Standard Methods, by a laboratory certified by NYSDOH to perform the analyses. Such samples shall be taken at the approved monitoring stations described in § 149-12Q, if such a station exists. If an approved monitoring station is not required, then samples shall be taken from another location on the industrial sewer lateral before discharge to the public sewer. Unless specifically requested otherwise, or unless specifically not allowed in federal regulation, samples shall be gathered as flow-proportioned (where feasible) composite samples made up of individual samples taken not less than once per hour for the period of time equal to the duration of industrial wastewater discharge during daily operations (including any cleanup shift).
U.
Accidental discharges; SPCC plan. Each user shall provide for protection
from accidental or slug discharges of prohibited materials or discharges
of materials in volume or concentration exceeding limitations of this
chapter or of an industrial wastewater discharge permit. Users shall
immediately notify the Superintendent of the discharge of wastes in
violation of this chapter or any permit.
(2)
Where possible, such immediate notification shall allow the Superintendent
to initiate appropriate countermeasure action at the POTW. The user
shall prepare a detailed written statement following any accidental
or slug discharge, which describes the causes of the discharge and
the measures being taken to prevent future occurrences, within five
days of the occurrence, and the Superintendent shall receive a copy
of such report no later than the fifth calendar day following the
occurrence. Analytical results and their interpretation may be appended
to the report at a date not exceeding 45 calendar days after the occurrence.
When required by the Superintendent, detailed plans and procedures
to prevent accidental or slug discharges shall be submitted to the
Superintendent for approval. These plans and procedures shall be called
a "spill prevention, control, and countermeasure (SPCC) plan." The
plan shall address, at a minimum, the following:
(a)
Description of discharge practices, including nonroutine batch
discharges.
(b)
Description of stored chemicals.
(c)
Procedures for immediately notifying the POTW of any accidental
or slug discharge. Such notification must also be given for any discharge
which would violate any provision of the permit and any national prohibitive
discharge standard.
(d)
Procedures to prevent adverse impact from any accidental or
slug discharge. Such procedures include, but are not limited to, inspection
and maintenance of storage areas, handling and transfer of materials,
loading and unloading operations, control of plant site runoff, worker
training, building of containment structures or equipment, measures
for containing toxic organic pollutants (including solvents), and/or
measures and equipment for emergency response.
V.
Posting notices. In order that the industrial user's employees
be informed of the Village requirements, a notice shall be permanently
posted on appropriate bulletin boards within the user's facility
advising employees of the Village requirements and whom to call in
case of an accidental discharge in violation of this chapter.
W.
Sample splitting. When so requested in advance by an industrial user,
and when taking a sample of industrial wastewater, the Village representative(s)
shall gather sufficient volume of sample so that the sample can be
split into two nearly equal volumes, each of size adequate for the
anticipated analytical protocols, including any quality control (QC)
procedures. One of the portions shall be given to the representative
of the industrial user whose wastewater was sampled, and the other
portion shall be retained by the Village for its own analysis.
X.
Public access to information maintained by the Superintendent. When
requested, the Superintendent shall make available to the public,
for inspection and/or copying, information and data on industrial
users obtained from reports, questionnaires, permit applications,
permit and monitoring programs, and inspections, unless the industrial
user specifically requests, and is able to demonstrate to the satisfaction
of the Superintendent, that such information, if made public, would
divulge processes or methods of production entitled to protection
as trade secrets of the user. Wastewater constituents and characteristics
and reports of accidental discharges shall not be recognized as confidential.
Confidential information shall not be made available for inspection
and/or copying by the public but shall be disclosed, upon written
request, to governmental agencies, for uses related to this chapter
or the SPDES permit, providing that the governmental agency making
the request agrees to hold the information confidential, in accordance
with state or federal laws, rules and regulations. The Superintendent
shall provide written notice to the industrial user of any disclosure
of confidential information to another governmental agency.
Y.
Access to property and records. The Superintendent and other authorized
representatives of the Village, and representatives of the EPA, NYSDEC,
NYSDOH, and/or the Oswego County Health Department, bearing proper
credentials and identification, shall be permitted to enter upon all
nonresidential properties at all times for the purpose of inspection,
observation, sampling, flow measurement, and testing to ascertain
a user's compliance with applicable provisions of federal and
state law governing use of the Village's POTW and with the provisions
of this chapter. Inspections of residential properties shall be performed
in proper observance of the resident's civil rights. Such representative(s)
shall have the right to set up, on the user's property or property
rented/leased by the user, such devices as are necessary to conduct
sampling or flow measurement. Guard dogs shall be under proper control
of the user while the representatives are on the user's property
or property rented/leased by the user. Such representative(s) shall
additionally have access to and may copy any records the user is required
to maintain under this chapter. Where a user has security measures
in force which would require proper identification and clearance before
entry into the premises, the user shall make necessary arrangements
so that, upon presentation of suitable identification, inspecting
personnel will be permitted to enter, without delay, for the purpose
of performing their specific responsibilities.
Z.
Access to easements. The Superintendent, bearing proper credentials
and identification, shall be permitted to enter all private premises
through which the Village holds an easement for the purpose of inspection,
observation, measurement, sampling, repair, and maintenance of any
portion of the Village's public sewer system lying within the easement.
All entry and subsequent work on the easement shall be done in accordance
with the terms of the easement pertaining to the private premises
involved.
AA.
Liability of property owner. During the performance, on private premises, of inspections, sampling, or other similar operations referred to in § 149-7, the inspectors shall observe all applicable safety rules established by the owner or occupant of the premises. The owner and/or occupant shall be held harmless for personal injury or death of the inspector and the loss of or damage to the inspector's supplies and/or equipment; and the inspector shall indemnify the owner and/or occupant against loss or damage to property of the owner or occupant by the inspector and against liability claims asserted against the owner or occupant for personal injury or death of the inspector or for loss of or damage to the inspector's supplies or equipment arising from inspection and sampling operations, except as such may be caused by negligence or failure of the owner or occupant to maintain safe conditions.
BB.
Special agreements. Nothing in this chapter shall be construed as
preventing any special agreement or arrangement between the Village
and any user of the POTW whereby wastewater of unusual strength or
character is accepted into the POTW and specially treated, subject
to any payments or user charges as may be applicable.
(1)
In entering into such a special agreement, the Village Board
shall consider whether the wastewater will:
(2)
No
discharge which violates the federal pretreatment standards will be
allowed under the terms of such special agreements.
(3)
No
agreement shall be entered into without the user having been issued
and presently having a permit to discharge wastes into the POTW for
treatment and disposal. Additionally the user shall be in compliance
with all conditions in the permit and shall not be in arrears in any
charges due to the Village before the agreement is entered into. The
Village Board may condition the agreement.
A.
Enforcement response plan. The Superintendent shall prepare an enforcement
response plan. The enforcement response plan, in a step-by-step fashion,
shall outline the procedures to be followed to identify, document,
and respond to violations by users of the POTW. All violations by
users of the POTW shall be met with some type of enforcement response.
The response shall be comprehensive and effective.
B.
The enforcement response plan shall:
(1)
Describe how the Superintendent will investigate instances of noncompliance.
(2)
Describe the types of escalated enforcement actions that the Superintendent
will take in response to all anticipated types of user violations
and the time periods within which to initiate and follow-up these
actions.
(3)
Adequately reflect the Village Board's responsibility to enforce
all applicable standards and requirements.
C.
The enforcement response plan shall contain:
(1)
Criteria for scheduling periodic inspection and/or sampling visits
to POTW users.
(2)
Forms and guidelines for documenting compliance data in a manner
which will enable the information to be used as evidence.
(3)
Systems to track due dates, compliance schedule milestones, and pending
enforcement actions.
(4)
Criteria, responsible personnel, and procedures to select and initiate
an enforcement action.
D.
The range of appropriate enforcement actions shall be based on the
nature and severity of the violation and other relevant factors, such
as:
(1)
Magnitude of the violation;
(2)
Duration of the violation;
(3)
Effect of the violation on the receiving water;
(4)
Effect of the violation on the POTW;
(5)
Effect of the violation on the health and safety of the POTW employees;
(6)
Compliance history of the user;
(7)
Good faith of the user; and
(8)
Shall promote consistent and timely use of enforcement remedies.
E.
The Village
Board shall approve the enforcement response plan. The enforcement
response plan shall be reviewed at least every five years.
A.
Notification of violation. Whenever the Superintendent finds that
any user has violated or is violating this chapter, or any wastewater
discharge permit, order, prohibition, limitation, or requirement permitted
by this chapter, the Superintendent may serve upon such person a written
notice stating the nature of the violation. Within 10 calendar days
of the date the Superintendent mails the notice, an explanation of
the violation and a plan for the satisfactory correction and prevention
thereof shall be submitted to the Superintendent by the user. The
correction and prevention plan shall include specific actions. Submission
of this plan in no way relieves the user of liability for any violations
caused by the user before or after receipt of the notice of violation.
B.
Consent orders. The Superintendent is hereby empowered to enter into
consent orders, assurances of voluntary compliance, or other similar
documents establishing an agreement with the user responsible for
the noncompliance. Such orders shall include specific action to be
taken by the user to correct the noncompliance within a time period
also specified by the order. Consent orders shall have the same force
and effect as an administrative order.
C.
Administrative or compliance orders. When the Superintendent finds
that a user has violated or continues to violate this chapter or a
permit or administrative order issued thereunder, he may issue an
administrative order to the user responsible for the discharge directing
that, following a specified time period, sewer service shall be discontinued,
severed and abated unless the violation is corrected and there is
no reoccurrence of the violation. Administrative orders may also contain
such other requirements as might be reasonably necessary and appropriate
to address the noncompliance, including the installation of pretreatment
technology, additional self-monitoring, and management practices.
The user may, within 15 calendar days of receipt of such order, petition
the Superintendent to modify or suspend the order. Such petition shall
be in written form and shall be transmitted to the Superintendent
by registered mail. The Superintendent shall then:
D.
Administrative fines. Notwithstanding any other section of this chapter,
any user who is found to have violated any provision of this chapter,
or a wastewater discharge permit or administrative order issued hereunder,
shall be fined in an amount not to exceed $1,000 per violation. Each
day on which noncompliance shall occur or continue shall be deemed
a separate and distinct violation. The user may, within 15 calendar
days of notification of the Superintendent's notice of such fine,
petition the Superintendent to modify or suspend the order. Such petition
shall be in written form and shall be transmitted to the Superintendent
by registered mail. The Superintendent shall then:
E.
Cease-and-desist orders.
(1)
When the Superintendent finds that a user has violated or continues
to violate this chapter or any permit or administrative order issued
hereunder, the Superintendent may issue an administrative order to
cease and desist all such violations and direct those persons in noncompliance
to:
(2)
The
user may, within 15 calendar days of the date the Superintendent mails
notification of such order, petition the Superintendent to modify
or suspend the order. Such petition shall be in written form and shall
be transmitted to the Superintendent by registered mail. The Superintendent
shall then:
F.
Termination of permit.
(1)
Any
user who violates the following conditions of this chapter or a wastewater
discharge permit or administrative order, or any applicable or state
and federal law, is subject to permit termination:
(a)
Violation of permit conditions or conditions of an administrative
order;
(b)
Failure to accurately report the wastewater constituents and characteristics
of its discharge;
(c)
Failure to report significant changes in operations or wastewater
constituents and characteristics;
(d)
Refusal of reasonable access to the user's premises for the
purpose of inspection, monitoring, or sampling, or
(e)
Failure to pay administrative fines, fees or user charges.
(2)
Noncompliant
industrial users will be notified, by registered mail, of the proposed
termination of their wastewater permit. The user may, within 15 calendar
days of the date the Superintendent mails such notification, petition
the Superintendent to permit continued use of the POTW by the user.
Such petition shall be in written form and shall be transmitted to
the Superintendent by registered mail. The Superintendent shall then:
G.
Water supply severance. Whenever a user has violated or continues
to violate the provisions of this chapter or an order or permit issued
hereunder, water service to the user may be severed, and service will
only recommence, at the user's expense, after it has satisfactorily
demonstrated its ability to comply. The user may, within 15 calendar
days of severance, petition the Superintendent to reconnect water
supply service. Such petition shall be in written form and shall be
transmitted to the Superintendent by registered mail. The Superintendent
shall then:
H.
Show-cause hearing. The Superintendent may order any user appealing
administrative remedies for violations of this chapter to show cause,
before the Village Board, why an enforcement action, initiated by
the Superintendent, should not be taken. A notice shall be served
on the user, specifying the time and place of a hearing to be held
by the Village Board regarding the violation, the reasons why the
action is to be taken, the proposed enforcement action, and directing
the user to show cause before the Village Board why the proposed enforcement
action should not be taken. The notice of the hearing shall be served
at least 10 calendar days before the hearing in accordance with § 149-13J
of this chapter. Service shall be made on any principal or executive
officer of a user's establishment or to any partner in a user's
establishment. The notice of the hearing shall be served at least
10 calendar days before the hearing, in accordance with § 149-13J.
The Village Board may itself conduct the hearing or may designate
any of its members or any officer or employee of the Village to conduct
the hearing. He/she/it shall:
(1)
Issue, in the name of the Village Board, notices of hearings requesting
the attendance and testimony of witnesses and the production of evidence
relevant to any matter involved in such hearings;
(2)
Take the evidence;
(3)
Take sworn testimony;
(4)
Transmit a report of the evidence and hearing, including transcripts
and other evidence, together with recommendations, to the Village
Board for action thereon. After the Village Board has reviewed the
evidence and testimony, it may order the user to comply with the Superintendent's
order or fine, modify the Superintendent's order or fine, or
vacate the Superintendent's order or fine.
I.
Failure of user to petition the Superintendent. In the event the
Superintendent issues any administrative order, terminates the user's
permit, or makes any fine as set forth in this chapter, and the user
fails, within the designated period of time set forth, to petition
the Superintendent, as provided in appropriate sections of this chapter,
the user shall be deemed in default and its rights to contest the
administrative order or fine shall be deemed waived.
J.
Notice. The notices, orders, petitions, or other notification which
the user or Superintendent shall desire or be required to give pursuant
to any sections of this chapter shall be in writing and shall be served
personally or sent by certified mail or registered mail, return receipt
requested, postage prepaid, and the notice, order, petition, or other
communication shall be deemed given upon its mailing as provided herein.
Any notice, administrative order, or communication mailed to the user
pursuant to the sections of this chapter shall be mailed to the user
where the user's effluent is discharged into transmission lines
to the Village's POTW. Any notice, petition, or other communication
mailed to the Superintendent shall be addressed and mailed to the
Village Hall of the Village.
K.
Right to choose multiple remedies. The Superintendent shall have
the right, within the Superintendent's sole discretion, to utilize
any one or more appropriate administrative remedies set forth in this
chapter. The Superintendent may utilize more than one administrative
remedy established pursuant to this chapter, and the Superintendent
may hold one show-cause hearing combining more than one enforcement
action.
A.
Civil actions for penalties. Any person who violates any of the provisions
of or who fails to perform any duty imposed by this chapter, or any
administrative order or determination of the Superintendent promulgated
under this chapter, or the terms of any permit issued hereunder, shall
be liable to the Village for a civil penalty not to exceed $1,000
for each such violation, to be assessed after a hearing (unless the
user waives the right to a hearing) held in conformance with the procedures
set forth in this chapter. Each violation shall be separate and distinct
violation; and in the case of continuing violation, each day's
continuance thereof shall be deemed a separate and distinct violation.
Such penalty may be recovered in an action brought by the Village
Attorney, or his designated attorney, at the request of the Superintendent,
in the name of the Village, in any court of competent jurisdiction,
giving preference to courts local to the Village. In addition to the
above-described penalty, the Superintendent may recover all damages
incurred by the Village from any persons or users who violate any
provisions of this chapter or who fail to perform any duties imposed
by this chapter or any administrative order or determination of the
Superintendent promulgated under this chapter or the terms of any
permit issued hereunder. In addition to the above-described damages,
the Superintendent may recover all reasonable attorneys' fees incurred
by the Village in enforcing the provisions of this chapter, including
reasonable attorneys' fees incurred in any action to recover penalties
and damages, and the Superintendent may also recover court costs and
other expenses associated with the enforcement activities, including
sampling and monitoring expenses. In determining the amount of civil
penalty, the court shall take into account all relative circumstances,
including, but not limited to, the extent of harm caused by the violation,
the magnitude and duration, any economic benefit gained through the
user's violation, corrective actions by the user, the compliance
history of the user, and any other relative factors as justice may
require. Such civil penalty may be released or compromised by the
Superintendent before the matter has been referred to the Village
Attorney; and where such matter has been referred to the Village Attorney,
any such penalty may be released or compromised and any action commenced
to recover the same may be settled and discontinued by the Village
Attorney, with the consent of the Superintendent.
B.
Court orders.
(1)
In addition to the power to assess penalties as set forth in this
chapter, the Superintendent shall have the power, following the hearing
held in conformance with the procedures set forth in this chapter,
to seek an order:
(2)
Any such court order shall be sought in an action brought by the
Village Attorney, at the request of the Superintendent, in the name
of the Village, in any court of competent jurisdiction, giving precedence
to courts local to the Village.
(3)
The
Village Attorney, at the request of the Superintendent, shall petition
the court to impose, assess, and recover such sums imposed according
to this chapter. In determining amount of liability, the court shall
take into account all relevant circumstances, including, but not limited
to, the extent of harm caused by the violation, the magnitude and
duration, any economic benefit gained through the user's violation,
corrective actions by the user, the compliance history of the user,
and any other factor as justice requires.
C.
Criminal penalties. Any person who willfully violates any provision
of this chapter or any final determination or administrative order
of the Superintendent made in accordance with this chapter shall be
guilty of a Class A misdemeanor and, upon conviction thereof, shall
be punished by a fine of not less than $500 nor more than $1,000,
or imprisonment not to exceed one year, or both. Each offense shall
be a separate and distinct offense; and in the case of a continuing
offense, each day's continuance thereof shall be deemed a separate
and distinct offense. Any user who knowingly makes any false statements,
representations, or certifications in any application, record, report,
plan or other document filed or required to be maintained pursuant
to this chapter, or wastewater permit, or who falsifies, tampers with,
or knowingly renders inaccurate any monitoring device or method required
under this chapter shall be guilty of a Class A misdemeanor and, upon
conviction, shall be punished by a fine of not more than $1,000 per
violation per day or imprisonment for not more than one year, or both.
No prosecution under this section shall be instituted until after
final disposition of a show-cause hearing, if any was instituted.
D.
Additional injunctive relief. Whenever a user has violated or continues
to violate the provisions of this chapter or permit or order issued
hereunder, the Superintendent, through counsel, may petition the court,
in the name of the Village, for the issuance of a preliminary or permanent
injunction, or both (as may be appropriate), which restrains the violation
of, or compels compliance with, any order or determination thereunder
by the Superintendent.
E.
Summary abatement. Notwithstanding any inconsistent provisions of
this chapter, whenever the Superintendent finds, after investigation,
that any user is causing, engaging in, or maintaining a condition
or activity which, in the judgment of the Superintendent, presents
an imminent danger to the public health, safety, or welfare, or to
the environment, or is likely to result in severe damage to the POTW
or the environment, and it therefore appears to be prejudicial to
the public interest to allow the condition or activity to go unabated
until notice and an opportunity for a hearing can be provided, the
Superintendent may, without prior hearing, order such user, by notice,
in writing wherever practicable or in such other form as practices
are intended to be proscribed, to discontinue, abate, or alleviate
such condition or activity, and thereupon such person shall immediately
discontinue, abate, or alleviate such condition or activity; or where
the giving of notice is impracticable, or in the event of a user's
failure to comply voluntarily with an emergency order, the Superintendent
may take all appropriate action to abate the violating condition.
As promptly as possible thereafter, not to exceed 15 calendar days,
the Superintendent shall provide the user an opportunity to be heard,
in accordance with the provisions of this chapter. If the user is
not within the geographic boundaries of the Village, the right of
summary abatement to discontinue, abate, or alleviate conditions or
activities shall be that prescribed in the intermunicipal agreement.
The Superintendent, acting upon the belief that an emergency exists,
shall be indemnified against any personal liability that may arise
in the performance of his duties to protect the public health, safety,
or welfare or to preserve the POTW or the environment.
F.
Miscellaneous.
(1)
Delinquent payments. If there shall be any payments which are due
to the Village, or any Department thereof, pursuant to any section
of this chapter, which shall remain due and unpaid, in whole or in
part, for a period of 20 calendar days from the date of billing by
the Village, the same shall constitute a default, and there shall
be added to the entire amount of the original bill a penalty equal
to 20% of the original bill, and interest shall accrue on the unpaid
balance, at the rate of 2% per month, retroactive to the date of the
original billing. In the event that there are any sewer taxes, assessments,
or other service charges which shall have been delinquent for a period
of at least 60 calendar days as of December 15 of any year, the Superintendent
shall report the names of the defaulting persons to the Village Supervisor,
the Village Clerk, the Village Chief Assessor, and the Village Treasurer
on or before December 15 of the same year. The Village Chief Assessor
is hereby directed to add the entire amount of the sewer tax, assessment,
or other service charge which shall be in default, plus penalty and
interest, as provided for in this chapter, to the real property taxes
due and owing to the Village in the next succeeding year; and the
Village Chief Assessor is directed to collect the same in the same
manner as real property taxes due and owing to the Village are collected.
Where charges are delinquent and the violator is not a resident of
the Village, or is located outside the geographical boundaries of
the Village, then the Village Attorney is authorized to seek recovery
of charges, including punitive damages, in a court of competent jurisdiction
or make arrangements with the appropriate county where the user is
located to add the amount of the sewer assessment or other charges
which shall be in default, plus penalty and interest, as provided
for in the law, to the real property taxes due to the county in the
next ensuing year.
(2)
Performance bonds. The Superintendent may decline to reissue a permit
to any user which has failed to comply with the provisions of this
chapter or any order or previous permit issued hereunder unless such
user first files with it a satisfactory bond, payable to the POTW,
in a sum not to exceed a value determined by the Superintendent to
be necessary to achieve consistent compliance.
(3)
Liability insurance. The Superintendent may decline to reissue a
permit to any user which has failed to comply with the provisions
of this chapter or any order or previous permit issued hereunder,
unless the user first submits proof that it has obtained financial
assurances sufficient to restore or repair POTW damage caused by its
discharge.
(4)
Informant rewards. The Superintendent is authorized to pay up to
$500 for information leading to the discovery of noncompliance by
a user. In the event that the information provided results in an administrative
fine or civil penalty levied against the user, the Superintendent
is authorized to disperse up to 10% of the collected fine or penalty
to the informant. However, a single reward payment may not exceed
$10,000, including the discovery reward.
(5)
Public notification. The Superintendent shall provide public notification,
in the daily newspaper with the largest circulation in the Village,
of users which were in significant noncompliance with local or federal
pretreatment standards or requirements since the last such notice.
The frequency of such notices shall be at least once per year.
(6)
Contractor listings.
(a)
Users which have not achieved consistent compliance with applicable
pretreatment standards and requirements are not eligible to receive
a contractual award for the sale of goods or services to the Village.
(b)
Existing contracts for the sale of goods or services to the
Village held by a user found to be in significant violation with pretreatment
standards may be terminated at the discretion of the Village Board.
A.
Normal sewage service charges. All persons discharging or depositing
wastes into the public sewers shall pay a sewer service charge proportional
to the liquid volume of waste so deposited, which charge shall be
collected as a sewer rent.
B.
Surcharge for abnormal sewage. All persons discharging or depositing
wastes with concentrations in excess of the pollutant concentrations
in normal sewage shall pay a surcharge.
C.
Total sewer service charge. The total sewer service charge (which
shall be called the "user charge") is comprised of two parts, as follows:
|
UC(t)
|
=
|
UC(n) + UC(an)
| |
|
Where:
| |||
|
UC(t)
|
=
|
Total user charge for POTW operation and maintenance.
| |
|
UC(n)
|
=
|
User charge associated with normal sewage.
| |
|
UC(an)
|
=
|
User charge associated with abnormal sewage.
| |
|
UC(n)
|
=
|
OM x (OQ/100) x (QIA/QA)
| |
|
UC(an)
|
=
|
OM {[OB/100 x (BIA-Bn)/BA] + [OS/100 x (SIA-Sn)/SA] + [OP/100
x (PIA-Pn)/PA] + [ONH/100 x (NHIA-NHn)/NHA] + [OTK/100 x (TKIA-TKn)/TKA]}
| |
|
Where:
| |||
|
OM
|
=
|
Total annual POTW operation and maintenance costs.
| |
|
OQ
|
=
|
Percentage of OM attributable to flow (Q).
| |
|
OB
|
=
|
Percentage of OM attributable to BOD5.
| |
|
OS
|
=
|
Percentage of OM attributable to suspended solids.
| |
|
OP
|
=
|
Percentage of OM attributable to total phosphorus.
| |
|
ONH
|
=
|
Percentage of OM attributable to ammonia.
| |
|
OTK
|
=
|
Percentage of OM attributable to total Kjeldahl nitrogen.
| |
|
QIA
|
=
|
Average daily flow rate (MGD) from discharger.
| |
|
BIA
|
=
|
Average daily BOD5 loading (pounds per
day) from discharger.
| |
|
SIA
|
=
|
Average daily suspended solids loading (pounds per day) from
discharger.
| |
|
PIA
|
=
|
Average daily total phosphorus loading (pounds per day) from
discharger.
| |
|
NHIA
|
=
|
Average daily ammonia loading (pounds N per day) from discharger.
| |
|
TKIA
|
=
|
Average daily total Kjeldahl nitrogen loading (pounds N per
day) from discharger.
| |
|
QA
|
=
|
Average daily flow rate (MGD) at the POTW treatment plant.
| |
|
BA
|
=
|
Average daily BOD5 loading (pounds per
day) at the POTW treatment plant.
| |
|
SA
|
=
|
Average daily suspended solids loading (pounds per day) at the
POTW treatment plant.
| |
|
PA
|
=
|
Average daily total phosphorus loading (pounds per day) at the
POTW treatment plant.
| |
|
NHA
|
=
|
Average daily total ammonia loading (pounds N per day) at the
POTW treatment plant.
| |
|
TKA
|
=
|
Average daily total Kjeldahl nitrogen loading (pounds N per
day) at the POTW treatment plant.
| |
|
Bn
|
=
|
BOD5 loading (pounds per day) in discharge
if it were normal sewage.
| |
|
Sn
|
=
|
Suspended solids loading (pounds per day) in discharge if it
were normal sewage.
| |
|
Pn
|
=
|
Total phosphorus loading (pounds per day) in discharge if it
were normal sewage.
| |
|
NHn
|
=
|
Ammonia loading (pounds N per day) in discharge if it were normal
sewage.
| |
|
TKn
|
=
|
Total Kjeldahl nitrogen loading (pounds N per day) in discharge
if it were normal sewage.
| |
|
NOTE: If any difference term in the equation above
is negative, then that portion of the equation shall not be used,
that is, the difference shall be set to zero when it is negative.
| |
|
NOTE: All averages are arithmetic averages determined
from available data during the billing period.
|
D.
Segmenting the POTW. The service area of the POTW may be segmented
to assist in a fair distribution of user charges, especially if there
is a pump station serving a segment.
E.
Measurement of flow. The volume of flow to be used in computing sewer
service charges and abnormal sewage surcharges shall be based upon
metered water consumption as shown on the records of meter readings
maintained by the Village Water Department. In the event that a person
discharging wastes into the POTW produces evidence, to the Superintendent,
demonstrating that a substantial portion of the total amount of metered
water does not reach the POTW, then the Superintendent shall either
establish a percentage of the total metered water to be used as a
basis for such computations or direct the installation of appropriate
flow-measuring (and totalizing) devices to measure and record the
actual amount of flow into the POTW. In the event that a person discharging
wastes into the POTW procures all or part of his water supply from
unmetered sources, the Superintendent shall either direct the installation
of water meters on the other sources of water supply or direct the
installation of appropriate flow-measuring devices to measure and
record the actual amount of flow into the POTW. Any water meters and/or
flow-measuring devices installed pursuant to this section shall be
of a type and design acceptable to the Superintendent and shall be
installed, maintained, and periodically tested as required by the
Superintendent, at the owner's expense. All such meters and/or
flow-measuring devices shall be subject to periodic inspection, testing,
and reading by the Superintendent. Any person discharging wastes into
the POTW may install a flow-measuring device at his or her option,
of the type, design, installation, and maintenance standards of the
Superintendent, at the owner's expense.
F.
Billing period. The billing period shall be monthly for industrial
and bimonthly for nonindustrial users.
G.
Pretreatment program costs. The additional charges and fees associated
with the operation of the pretreatment program shall be assessed the
user, and include:
(1)
Reimbursement of costs of setting up and operating the pretreatment
program.
(2)
Issuing permits.
(3)
Monitoring, inspections, and surveillance procedures.
(4)
Costs of equipment and supplies.
(5)
Reviewing accidental discharge procedures.
(6)
Construction inspections.
(7)
Filing appeals.
(8)
Application for consistent removal status as outlined in 40 CFR 403.
(9)
Other reasonable expenses to carry out the program to satisfy the
requirements of this chapter, the NYSDEC, and the federal government.
H.
Charges for trucked and hauled wastes. The charge for treatment and
disposal of trucked or hauled waste which has been introduced into
the POTW shall be as established by the Village Board. The manner
of determining the volume dumped shall be at the discretion of the
Superintendent.
I.
Capital recovery. The Village may institute an equitable procedure
for recovering the costs of any capital improvements of those parts
of the POTW which collect, pump, treat, and dispose of industrial
wastewaters from those persons discharging such wastewaters into the
POTW.
J.
Collection of charges. Provisions of § 149-15 of this chapter relating to the collection of penalties shall apply to the collection of sewer service charges and abnormal sewage service surcharges, unless where otherwise provided by application of the Sewer Rent Law by the Village.
K.
Fiscal year for system. The POTW shall be operated on the basis of
a fiscal year commencing on the first day of January and ending on
the 31st day of December.
M.
Use of revenues. Revenues derived from user charges and associated
penalties, and impact fees, shall be credited to a special fund. Monies
in this fund shall be used exclusively for the following functions:
(1)
For the payment of the operation and maintenance, including repair
and replacement costs, of the Village's POTW;
(2)
For the discovery and correction of inflow and infiltration;
(3)
For the payment of interest on and the amortization of or payment
of indebtedness which has been or shall be incurred for the construction
or extension of the Village's POTW;
(4)
For the extension, enlargement, replacement of, and/or additions
to the Village's POTW, including any necessary appurtenances.
N.
Records and accounts. The Village shall maintain and keep proper
books of records and accounts for the POTW, separate from all other
records and accounts, in which shall be made full and correct entries
of all transactions relating to the POTW. The Village will cause an
annual audit of such books of record and account for the preceding
fiscal year to be made by a recognized independent certified public
accountant and will supply such audit report to authorized officials,
and the public, on request. In conjunction with the audit, there shall
be an annual review of the sewer charge system to determine if it
is adequate to meet expenditures for all programs for the coming year.
Classification of old and new industrial users should also be reviewed
annually. The Village shall maintain and carry insurance on all physical
properties of the POTW, of the kinds and in the amounts normally carried
by public utility companies and municipalities engaged in the operation
of sewage disposal systems. All moneys received for losses under any
such insurance policies shall be applied solely to the replacement
and restoration of the property damaged or destroyed.
A.
POTW operations open to the public. It shall be the policy of the
Village Board to conduct all business with full disclosure to the
public.
B.
Procedural requirements available. The nature and requirements of
all formal procedures for applying for a permit and for requesting
a permit under this chapter and for requesting a hearing shall be
formulated by the Village and be made available to any resident of
the Village upon request.
C.
Validity through public inspection. The Village shall formulate procedures
to make available to the public for inspection such orders, statements
of policy, and interpretations used by the Village in administration
of this chapter. No rule, regulation, or civil order shall be valid
until it has been available for public inspection.
