[Adopted 9-13-1972 by L.L. No. 1-1972]
A.Â
ACT or THE ACT
BOD (denoting "biochemical oxygen demand")
BUILDING DRAIN
BUILDING SEWER
COMBINED SEWER
CONTAMINATION
ENGINEER
GARBAGE
INDUSTRIAL USER
INDUSTRIAL WASTES
NATURAL OUTLET
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION or NYSDEC
PERSON
pH
POLLUTION
POTW TREATMENT PLANT
PRETREATMENT
PROPERLY SHREDDED GARBAGE
PROPERTY LINE
PUBLICLY OWNED TREATMENT WORKS (POTW)
PUBLIC SEWER
SANITARY SEWER
SEWAGE
SEWAGE TREATMENT PLANT
SEWER
SLUG
SPDES
STORM DRAIN (sometimes termed "storm sewer")
SUPERINTENDENT
SUSPENDED SOLIDS
VILLAGE
WATERCOURSE
Unless the context specifically indicates otherwise, the meaning
of terms used in this article shall be as follows:
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended (33 U.S.C. § 1251 et seq.).
[Added 12-10-1984 by L.L. No. 1-1985]
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20° C., expressed in milligrams per liter.
That part of the lowest horizontal piping of a drainage system
which receives the discharge from soil, waste and other drainage pipes
inside the walls of the building and conveys it to the building sewer,
beginning five feet (1.5 meters) outside the inner face of the building
wall.
The extension from the building drain to the public sewer
or other place or disposal.
A sewer receiving both surface runoff and sewage.
An impairment of the quality of the waters of the state by
waste to a degree which creates a hazard to the public health though
poisoning or through the spread of disease.
[Added 12-10-1984 by L.L. No. 1-1985]
The professional engineer retained by the Village.
Solid wastes from the domestic and commercial preparation,
cooking and dispensing of food; and from the handling, storage and
sale of produce.
Any industrial or commercial establishment with a classification
as designated in the Standard Industrial Classification Manual, 1972
Edition, as published by the Executive Office of the President, and
who utilizes the services of the Village's sewer system.
[Added 12-10-1984 by L.L. No. 1-1985]
The liquid wastes from industrial manufacturing processes,
trade or business as distinct from sanitary sewage.
Any outlet into a watercourse, pond, ditch, lake or other
body of surface water or groundwater.
The New York State Department of Environmental Conservation
or other duly authorized official of said Department.
[Added 12-10-1984 by L.L. No. 1-1985]
Any individual, firm, company, association, society, corporation
or group.
The logarithm of the reciprocal of the weight of hydrogen
ions in grams per liter of solution.
The man-made or man-induced alteration of the chemical, physical,
biological and radiological integrity of water.
[Added 12-10-1984 by L.L. No. 1-1985]
That portion of the municipal system which is designed to
provide treatment (including recycling and reclamation) to wastes
received by the municipal system.
[Amended 12-10-1984 by L.L. No. 1-1985]
The reduction of the amount 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 obtained by physical, chemical or biological processes, process
changes or by other means, except as prohibited by 40 CFR 403.6, General
Pretreatment Regulations for Existing and New Sources of Pollution.
[Added 12-10-1984 by L.L. No. 1-1985]
The wastes from the preparation, cooking and dispensing of
food that have been shredded to such a degree that all particles will
be carried freely under the flow conditions normally prevailing in
public sewers, with no particle greater than 1/2 inch (1.27 centimeters)
in any dimension.
Curbline if the building sewer is to connect with the public
sewer located in a public street. "Property line" shall mean the edge
of a sewer right-of-way at such times where the building sewer connects
to the public sewer in a right-of-way. "Property line" shall mean
the edge of the street right-of-way at such times where the building
sewer connects to a public sewer located off the paved portion of
the street.
A treatment works as defined by § 212 of the Act
(33 U.S.C. § 1292) and better defined as any sewer that
conveys wastewater to the POTW, but does not include pipes, sewers
or other conveyances not connected to a facility providing treatment.
[Amended 12-10-1984 by L.L. No. 1-1985]
A sewer in which all owners of abutting properties have equal
rights, and is controlled by the Village.
A sewer which carries sewage and to which stormwater, surface
water and groundwater are not intentionally admitted.
A combination of the water-carried wastes from residences,
business buildings, institutions and industrial establishments, together
with such groundwater, surface water and stormwaters as may be present.
Any arrangement of devices and structures used for treating
sewage.
A pipe or conduit used for carrying sewage.
Any discharge of water, sewage or industrial waste which
in concentration of any given 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 of flows during normal
operation.
Denotes the State Pollution Discharge Elimination System
established by Article 17 of the Environmental Conservation Law of
the State of New York for issuance of permits authorizing discharges
to the waters of the state.
[Added 12-10-1984 by L.L. No. 1-1985]
A sewer which carries stormwaters and surface waters and
drainage, but excludes sewage and industrial wastes, other than unpolluted
cooling water.
The Superintendent of Public Works, or his authorized deputy,
agent or representative.
Solids that either float on the surface of or are in suspension
in water, sewage or other liquids, and which are removable by laboratory
filtering.
The Village of Castleton-on-Hudson, Rensselaer County, New
York.
A channel in which a flow of water occurs, either continuously
or intermittently.
B.Â
"Shall" is mandatory; "may" is permissive.
A.Â
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 any human or animal excrement, garbage or other
objectionable waste.
B.Â
It shall be unlawful to discharge to any natural outlet within the
Village any sewage or other polluted waters, except where suitable
treatment has been provided in accordance with subsequent provisions
of this article.
C.Â
Except as hereinafter provided, it shall be unlawful to construct
or maintain any privy, privy vault, septic tank, cesspool or other
facility intended or used for the disposal of sewage.
D.Â
The owners 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 sanitary
sewer of the Village, is hereby required at his expense to install
suitable plumbing and toilet facilities therein and to connect such
facilities directly with the proper public sewer in accordance with
the provisions of this article within 90 days after date of official
notice to do so, provided that said public sewer is within 100 feet
(30.5 meters) of the property line. Said owner shall also be required
to keep said pipes and connections to the public sewer in proper operating
condition, and to make necessary repairs to said pipeline within 48
hours after official notice of any defect, leak, stoppage or other
malfunction.
[Amended 10-11-1976 by L.L. No. 1-1976]
A.Â
Where a public sanitary sewer is not available under the provisions of § 164-2D, the building sewer shall be connected to a private sewage disposal system complying with the requirements of the State of New York and the Rensselaer County Department of Health.
[Amended 10-11-1976 by L.L. No. 1-1976]
B.Â
When a public sewer becomes available, the building sewer shall be
connected to said sewer within 60 days, and the private sewage disposal
system shall be cleaned of sludge and filled with clean bank-run gravel
or dirt.
C.Â
No statement contained in this section shall be construed to interfere
with any additional requirements that may be imposed by state law
or the Commissioner of Health of the State of New York or the requirements
of the Rensselaer County Department of Health.
A.Â
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
and unless the connection and discharge of wastes has been shown to
be in accordance with standards promulgated pursuant to the Act, and
all regulations promulgated pursuant thereto, pretreatment requirements
and any applicable standards of the State of New York, this article
or other local requirements.
[Amended 12-10-1984 by L.L. No. 1-1985]
B.Â
Persons desirous of connecting to public sewers shall make application
on a special form to be supplied by the Superintendent. The permit
application shall be supplemented by plans, specifications or other
information considered pertinent in the judgment of the Superintendent.
A permit and inspection fee, as may hereafter be set by resolution
of the Board of Trustees, shall be paid at the time application is
filed.
[Added 12-10-1984 by L.L. No. 1-1985]
(1)Â
The maximum time period for the permit shall be five years with provisions
for an extension. Terms and conditions of the permit may be subject
to modification and change by the Village. Proper notification of
the changes shall be granted the permittee with a reasonable time
schedule for compliance. An industrial discharger shall apply for
a permit modification if production or process is changed that, in
effect, altered the wastewater characteristics in any manner, including
quantity of flow.
(2)Â
The permit shall not be reassigned, transferred or sold to a new
owner or user, for different premises or a new or changed operation.
(3)Â
Terms and conditions as may be required and imposed by the Superintendent
in the issuance of the permit are as follows:
(a)Â
A limitation upon the volume of sewage and the rate of flow
permitted from the premises.
(b)Â
The installation and maintenance by the permittee, at his own
expense, of facilities or equipment for intermittent or continuous
measurement of sewage, industrial wastes or other wastes discharged
from the premises into a public sewer.
(c)Â
The installation and maintenance by the permittee, at his own
expense, of detention tanks or other facilities or equipment for reducing
the maximum rates of discharge of sewage to such a percentage of the
twenty-four-hour rate as may be required by the Superintendent.
(d)Â
The installation and maintenance by the permittee, at his own
expense, of such preliminary treatment facilities as may be required
by the Superintendent.
(e)Â
The installation and maintenance by the permittee, at his own
expense, of a suitable control or sampling manhole or manholes in
any sewer discharging to a public sewer for which a permit is issued.
(f)Â
The installation and maintenance by the permittee, at his own
expense, of grease, oil and sand interceptors, separators or traps
that are necessary for the proper handling of liquid wastes containing
such substances in excessive quantities or any flammable waste or
other harmful ingredients.
(g)Â
The submission to and approval by the Superintendent of the
plans for any of the facilities or equipment required to be installed
and maintained by the permittee.
(h)Â
Such other terms and conditions as may be necessary to protect
the sewer system and carry out the intent and provisions of these
rules and regulations.
(i)Â
Such terms and conditions may also provide that subsequent to
the commencement of operation of any preliminary treatment facilities,
periodic reports shall be made by the permittee to the Superintendent
setting forth adequate data upon which the acceptability of the sewage,
industrial wastes or other wastes, after treatment, may be determined.
(j)Â
Where preliminary treatment or flow-equalizing facilities are
provided for any water or wastes, they shall be maintained continuously
in satisfactory and effective operation by the permittee at his expense.
(k)Â
A violation by the permittee of the permit shall be a cause
for revocation or suspension of the permit.
(l)Â
An industrial user shall notify the Village immediately upon
accidentally discharging wastes in violation of this article. This
notification shall be followed, within 15 days of the date of occurrence,
by a detailed written statement describing the causes of the accidental
discharge and the measures being taken to prevent future occurrence.
Such notification will not relieve users of liability for any expense,
loss or damage to the sewer system, treatment plant or treatment process,
or for any fines imposed on the municipality under applicable state
and federal regulations.[1]
(m)Â
A notice shall be furnished and permanently posted on the industrial
user's bulletin board advising employees whom to call in case
of an accidental discharge in violation of this article. Also, copies
of this article are to be made available to users' employees.
(n)Â
Any direct or indirect connection or entry point for persistent
or deleterious wastes to the user's plumbing or drainage system
should be eliminated. Where such action is impractical or unreasonable,
the user shall approximately label such entry points to warn against
discharge of such wastes in violation of this article.
(o)Â
When pretreatment regulations are adopted by USEPA or NYSDEC
for any industry, then that industry must immediately conform to the
USEPA or NYSDEC timetable for adherence to federal or state pretreatment
requirements and any other applicable requirements promulgated by
USEPA or NYSDEC in accordance with § 307 of the P.L. 95-217.
Additionally, such industries shall comply with any more stringent
standards necessitated by local conditions as determined by the Village.[2]
(p)Â
No user shall ever increase the use of process water or, in
any way, attempt to dilute a discharge as a partial or complete substitute
for adequate treatment to achieve compliance with the limitations
contained in the Federal Categorical Pretreatment Standards, or in
any other pollutant-specific limitation developed by the Village or
state unless authorized by state or federal regulations.[3]
C.Â
All costs and expense incident to the installation and connection
of the building sewer shall be borne by the owner. The owner shall
indemnify the Village for any loss or damage that may directly or
indirectly be occasioned by the installation of the building sewer.
D.Â
A separate and independent building sewer shall be provided for every
building; except where one building stands at the rear of another
on an interior lot and no private sewer is available or can be constructed
to the rear building through an adjoining alley, court, yard or driveway;
the building sewer from the front building may be extended to the
rear building and the whole considered as one building sewer.
E.Â
Old building sewers may be used in connection with new buildings
only when they are found, on examination and test by the Superintendent,
to meet all requirements of this article.
F.Â
The size, slope, alignment, materials or construction of a building
sewer, and the methods to be used in excavating, placing of pipe,
jointing, testing and backfilling the trench shall all conform to
the requirements of the building and plumbing code of the State of
New York and the Village. In the absence of code provisions or in
amplification thereof, the materials and procedures set forth in appropriate
specifications of the American Society for Testing Materials and Water
Pollution Control Federation Manual of Practice No. 9 shall apply.
G.Â
Whenever possible, the building sewer shall be brought to the building
at an elevation below the basement floor. In all buildings in which
any building drain is too low to permit gravity flow to the public
sewer, sanitary sewage carried by such building drain shall be lifted
by an approved means and discharged to the building sewer.
H.Â
No person shall make connection of roof downspouts, exterior foundation
drains, areaway drains or other sources of surface runoff or groundwater
to a building sewer or building drain which in turn is connected directly
or indirectly to a public sanitary sewer.
I.Â
The connection of the building sewer into the public sewer shall
conform to the requirements of the building and plumbing codes of
the State of New York and the Village, or the procedures set forth
in appropriate specifications of the American Society for Testing
Materials and the Water Pollution Control Federation Manual of Practice
No. 9. All such connections shall be made gastight and watertight.
Any deviation from the prescribed procedures and materials must be
approved by the Superintendent before installation.
J.Â
The applicant for the building sewer permit shall notify the Superintendent
when the building sewer is ready for inspection and connection to
the public sewer. The connection shall be made under the supervision
of the Superintendent or his authorized representative.
K.Â
All excavations for building sewer installation shall be adequately
guarded 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 Village.
A.Â
No person shall discharge or cause to be discharged any stormwater,
surface water, groundwater, roof runoff, subsurface drainage, uncontaminated
cooling water or unpolluted industrial process waters to any sanitary
sewer.
B.Â
Stormwater and all other unpolluted drainage shall be discharged
to such sewers as are specifically designed as storm sewers or to
a natural outlet approved by the Superintendent. Industrial cooling
water or unpolluted process waters may be discharged, on approval
of the Superintendent, to a storm sewer or natural outlet. Industrial
cooling water may only be discharged subject to issuance of a SPDES
permit and pursuant to the regulations of the United States of America
and the State of New York.
[Amended 10-11-1976 by L.L. No. 1-1976; 12-10-1984 by L.L. No.
1-1985]
C.Â
No person shall discharge or cause to be discharged any of the following
described waters or wastes to any public sewers:
(1)Â
Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive
liquid, solid or gas, which by reason of their nature or quantity
are, or may be, sufficient either alone or by interaction with other
substances to cause fire or explosion or be injurious in any other
way to the POTW or the operation of the POTW.
[Amended 12-10-1984 by L.L. No. 1-1985]
(2)Â
Any waters or wastes containing toxic or poisonous solids, liquids
or gases in sufficient quantity, either singly or by interaction with
other wastes, to injure or interfere with any sewage treatment process,
constitute a hazard to humans or animals, create a public nuisance
or create any hazard in the receiving waters of the sewage treatment
plant, including but not limited to cyanides in excess of two mg/l
as CN in the wastes as discharged to the public sewer.
(3)Â
Any waters or wastes having a pH lower than 5.5, or having any other
corrosive property capable of causing damage or hazard to structures,
equipment and personnel of the sewage works.
(4)Â
Solid or viscous substances in quantities or of such size capable
of causing obstruction to the flow in sewers or other interference
with the proper operation of the sewage works such as, but not limited
to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags,
feathers, tar, plastics, wood, unground garbage, whole blood, paunch
manure, hair and fleshings, entrails and paper dishes, cups, milk
containers, etc., either whole or ground by garbage grinders.
(a)Â
The Village may immediately suspend the wastewater treatment
service and/or a wastewater contribution permit when such suspension
is necessary, in the opinion of the Village, in order to stop an actual
or threatened discharge which presents or may present an imminent
or substantial endangerment to the health or welfare of persons, to
the environment, causes interference to the POTW or causes the Village
to violate any condition of this NPDES permit.
[Added 12-10-1984 by L.L. No. 1-1985]
(b)Â
Any person notified of a suspension of the wastewater treatment
service and/or the wastewater contribution permit shall immediately
stop or eliminate the contribution. In the event of a failure of the
person to comply voluntarily with the suspension order, the Village
shall take such steps as deemed necessary, including immediate severance
of the sewer connection, to prevent or minimize damage to the POTW
system or endangerment to any individuals. The Village shall reinstate
the wastewater contribution permit and/or the wastewater treatment
service upon proof of the elimination of the noncomplying discharge.
A detailed written statement submitted by the user describing the
causes of the harmful contribution and the measures taken to prevent
any future occurrence shall be submitted to the Village within 15
days of the date of occurrence.
[Added 12-10-1984 by L.L. No. 1-1985]
(5)Â
Any water or waste in such quantities that the temperature at the
treatment works influent exceeds 104° F. (40° C.).
[Added 12-10-1984 by L.L. No. 1-1985]
D.Â
No person shall discharge or cause to be discharged the following
described substances, materials, waters or wastes if it appears likely
in the opinion of the Superintendent that such wastes can harm either
the sewers, sewage treatment process or equipment; have an adverse
effect on the receiving stream or can otherwise endanger life, limb,
public property or constitute a nuisance. In forming his opinion as
to the acceptability of these wastes, the Superintendent will give
consideration to such factors as the quantities of subject wastes
in relation to flows and velocities in the sewers, materials of construction
of the sewers, nature of the sewage treatment process, capacity of
the sewage treatment plant, degree of treatability of wastes in the
sewage treatment plant and other pertinent factors. The substances
prohibited are:
(1)Â
Any liquid or vapor having a temperature higher than 150° F.
(65° C.).
(2)Â
Any water or waste containing fats, wax, grease or oils, whether
emulsified or not, in excess of 100 mg/l or containing substances
which may solidify or become viscous at temperatures between 32°
F. and 150° F. (0° C. and 65° C.).
(3)Â
Any garbage that has not been properly shredded. The installation
and operation of any garbage grinder equipped with a motor of 3/4
horsepower (0.76 horsepower metric) or greater shall be subject to
the review and approval of the Superintendent.
(4)Â
Any waters or wastes containing strong acid iron pickling wastes
or concentrated plating solutions, whether neutralized or not.
(5)Â
Any waters or wastes containing iron, chromium, copper, zinc and
similar objectionable or toxic substances; or wastes exerting an excessive
chlorine requirement to such degree that any such material received
in the composite sewage at the sewage treatment works exceeds the
limits established by the Superintendent for such materials or as
set in a categorical pretreatment standard.
[Amended 12-10-1984 by L.L. No. 1-1985]
(6)Â
Any waters or wastes containing phenols or other taste- or odor-producing
substances in such concentrations exceeding limits which may be established
by the Superintendent as necessary, after treatment of the composite
sewage, to meet the requirements of the state, federal or other public
agencies of jurisdiction for such discharge to the receiving waters.
(7)Â
Any radioactive wastes or isotopes of such half-life or concentration
as may exceed limits established by applicable local, state or federal
regulations.
[Amended 12-10-1984 by L.L. No. 1-1985]
(8)Â
Any waters or wastes having a pH in excess of 9.5.
(9)Â
Materials which exert or cause:
(a)Â
Unusual concentration of inert suspended solids (such as, but
not limited to, Fullers earth, lime slurries and lime residues) or
of dissolved solids (such as, but not limited to, sodium chloride
and sodium sulfate).
(b)Â
Excessive discoloration (such as, but not limited to, dye wastes
and vegetable tanning solutions).
(c)Â
Unusual BOD, chemical oxygen demand or chlorine requirements
in such quantities as to constitute a significant load on the sewage
treatment works.
(d)Â
Unusual volume of flow or concentration of wastes constituting
slugs as defined herein.
(10)Â
Waters or wastes containing substances which are not amenable
to treatment or reduction by the sewage treatment processes employed,
or are amenable to treatment only to such degree that the sewage treatment
plant effluent cannot meet the requirements of other agencies having
jurisdiction over discharge to the receiving waters.
[Amended 12-10-1984 by L.L. No. 1-1985]
(a)Â
The Village reserves the right to establish by local law stringent
limitations or requirements on discharges to the wastewater disposal
system if deemed necessary to comply with the objectives presented
in this article.
(b)Â
No user shall ever increase the use or process water or in any
way attempt to dilute a discharge as a partial or complete substitute
for adequate treatment to achieve compliance with the limitations
contained in the Federal Categorical Pretreatment Standards, or in
any other pollutant specific limitation developed by the Village or
state, unless authorized by state or federal regulation.
(c)Â
Any direct or indirect connection or entry point for persistent
or deleterious wastes to the user's plumbing or drainage system
should be eliminated. Where such action is impracticable or unreasonable,
the user shall approximately label such entry points to warn against
discharge or such wastes in violation of this article.
(d)Â
An industrial user shall notify the Village immediately upon
accidentally discharging wastes in violation of this article. This
notification shall be followed, within 15 days of the date of occurrence,
by a detailed written statement describing the causes of the accidental
discharge and the measures being taken to prevent future occurrences.
Such notification will not relieve users of liability for any expense,
loss or damage to the sewer system, treatment plant or treatment process,
or for any fines imposed on the Village under applicable state and
federal regulations.
(e)Â
A notice shall be furnished and permanently posted on the industrial
user's bulletin board advising employees whom to call in case
of an accidental discharge in violation of this article. Also, copies
of this article are to be made available to user's employees.
(11)Â
Any substance which may cause the POTW's effluent or any
other produce of the POTW such as residues, sludge or scums to be
unsuitable for reclamation process where the POTW is pursuing a reuse
and reclamation program. In no case shall a substance discharged to
the POTW cause the POTW to be in noncompliance with a sludge use or
disposal criteria, guidelines or regulations affecting sludge use
or disposal development pursuant to the Solid Waste Disposal Act,
the Clean Air Act, the Toxic Substance Control Act or state criteria
applicable to the sludge management method being used.
[Added 12-10-1984 by L.L. No. 1-1985]
E.Â
If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Subsection D of this section, and which, in the judgment of the Superintendent, may have a deleterious effect upon the sewage works, processes, equipment or receiving waters or which otherwise create a hazard to life or constitute a public nuisance, the Superintendent may:
(1)Â
Reject the wastes;
(2)Â
Require pretreatment to an acceptable condition for discharge to
the public sewers;
(3)Â
Require control over the quantities and rates of discharge; and/or
(4)Â
Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of Subsection J of this section.
(a)Â
When pretreatment regulations are adopted by USEPA or NYSDEC
for any industry, then that industry must immediately conform to the
USEPA or NYSDEC timetable for adherence to federal or state pretreatment
requirements and any other applicable requirements promulgated by
USEPA or NYSDEC in accordance with § 307 of P.L. 95-217.
Additionally, such industries shall comply with any more stringent
standards necessitated by local conditions as determined by the Village.
[Added 12-10-1984 by L.L. No. 1-1985]
(b)Â
If the Superintendent permits the pretreatment or equalization
of waste flows, the design and installation of the plants and equipment
shall be subject to the review and approval of the Superintendent,
and subject to the requirements of all applicable codes, ordinances
and laws.
F.Â
Grease, oil and sand interceptors shall be provided when, in the
opinion of the Superintendent, they are necessary for the proper handling
of liquid wastes containing grease in excessive amounts or any flammable
wastes, sand or other harmful ingredients; except that such interceptors
shall not be required for private living quarters or dwelling units.
All interceptors shall be of a type and capacity approved by the Superintendent,
and shall be located as to be readily and easily accessible for cleaning
and inspections.
G.Â
Where preliminary treatment or flow-equalizing facilities are provided
for any waters or wastes, they shall be maintained continuously in
satisfactory and effective operation by the owner at his expense.
H.Â
When required by the Superintendent, the owner of any property serviced
by a building sewer carrying industrial wastes shall install a suitable
control manhole together with such necessary meters and other appurtenances
in the building sewer to facilitate observation, sampling and measurement
of the wastes. Such manhole, when required, shall be accessibly and
safely located and shall be constructed in accordance with plans approved
by the Superintendent. The manhole shall be installed by the owner,
at his expense, and shall be maintained by him so as to be safe and
accessible at all times.
I.Â
All measurements, tests and analysis of the characteristics of waters
and wastes to which reference is made in this article shall be determined
in accordance with the latest edition of Standard Methods for the
Examination of Water and Wastewater, published by the American Health
Association, and shall be determined at the control manhole provided
or upon suitable samples taken at said control manhole. In the event
that no special manhole has been required, the control manhole shall
be considered to be the nearest downstream manhole in the public sewer
to the point at which the building sewer is connected. Sampling shall
be carried out by customarily accepted methods to reflect the effect
of constituents upon the sewage works and to determine the existence
of hazards to life, limb and property. (The particular analysis involved
will determine whether a twenty-four-hour composite of all outfalls
of a premise is appropriate or whether a grab sample or samples should
be taken. Normally, but not always, BOD and suspended solids analyses
are obtained from twenty-four-hour composites of all outfalls, whereas
pH's are determined from periodic grab samples.)
J.Â
Special agreements and arrangements between the municipality and
any persons or agencies may be established when in the opinion of
the municipalities unusual or extraordinary circumstances compel special
terms and conditions. Acceptance of such waste shall not cause the
POTW to violate its SPDES permit or the receiving water quality standards
or any pretreatment regulations promulgated by USEPA or NYSDEC in
accordance with § 307 of P.L. 95-217.
[Amended 12-10-1984 by L.L. No. 1-1985]
[Amended 10-27-1997 by L.L. No. 6-1997]
The Board of Trustees of the Village may from time to time adopt
and amend by local law a schedule of sewer rents to be assessed against
those properties connected to the public sewage system. Such local
law shall be adopted on at least one week's notice of publication
in the official newspaper of the Village, if any, or in any newspaper
in general circulation within the Village and designated by the Board
of Trustees for such publication or by posting such notice in at least
10 conspicuous public places within the Village. Such schedule of
sewer rents may provide for classifications of users and provide different
rates for various classes of users. Moneys collected from the imposition
of sewer rents shall be used by the Village for the costs of operation
and maintenance of the public sewage system and for debt reduction
on debt incurred by the Village for the construction of the public
sewage system.
No unauthorized person shall maliciously, willfully or negligently
break, damage, destroy, uncover, deface or tamper with any structure,
appurtenance or equipment which is a part of the sewage works.
A.Â
Persons or occupants of premises where wastewater is produced or
discharged shall allow the Village, USEPA, NYSDEC or their representative
ready access at all times to all parts of the premises for the purpose
of inspection or sampling or in the performance of any of their duties.
The Village shall have the right to set up on the user's property
such devices as are necessary to conduct sampling or metering operations.
The Village may at reasonable times have access to and copy any records,
inspect any monitoring equipment or method required by the Village's
wastewater discharge local law and sample any effluents which the
owner or operator of such source is required to sample. Where a user
has security measures in force, the user shall make necessary arrangements
with their security guards so that upon presentation of suitable identification,
personnel from the Village will be permitted to enter without delay.
[Amended 12-10-1984 by L.L. No. 1-1985]
B.Â
While performing the necessary work on private properties referred to in Subsection A above, the Superintendent or duly authorized employees of the Village shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the Village employees, and the Village shall indemnify the company against loss or damage to its property by Village employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in § 164-5H.
C.Â
The Superintendent and other duly authorized employees of the Village
bearing proper credentials and identification shall be permitted to
enter all private properties through which the Village holds an easement
for the purpose of, but not limited to, inspection, observation, measurement,
sampling, repair and maintenance of any portion of the sewage works
lying within said easement. All entry and subsequent work, if any,
on said easement shall be done in a workmanlike manner, and the Village
shall restore as far as possible to its original condition all property
damaged due to such inspection, observation, measurement, sampling
and/or repairs and maintenance.
[Amended 12-10-1984 by L.L. No. 1-1985; amended 10-27-1997 by L.L. No.
6-1997]
Any person, firm or corporation who shall violate any of the
provisions of this article shall be punishable by a fine of not more
than $250, imprisonment for not more than 15 days, or both such fine
and imprisonment. Each day's continued violation shall be considered
a separate offense. In addition, the Board of Trustees may enforce
compliance with the provisions of this article by civil action in
any court of competent jurisdiction for damages and injunctive relief.
A.Â
If any person discharges sewage, industrial wastes or other wastes
into the Village's wastewater disposal system contrary to the
provisions of this article, federal or state pretreatment requirements
or any order of the Village the Village Attorney may commence an action
for appropriate legal and/or equitable relief in the court of competent
jurisdiction within this county.
B.Â
Any person who knowingly makes any false statements, representation,
record, report, plan or other documentation filed with the municipality
or who falsifies, tampers with or knowingly renders inaccurate any
monitoring device or method required under this article shall be punished
by the pertinent provisions of the Penal Law of the State of New York.
[Added 12-10-1984 by L.L. No. 1-1985]
Information and data on a user obtained from reports, questionnaires,
permit applications, permits and monitoring programs and from inspections
shall be available to the public or other governmental agency without
restriction unless the user specifically requests and is able to demonstrate
to the satisfaction of the Village that the release of such information
would divulge information, processes or methods of production entitled
to protection as trade secrets of the user.
A.Â
When requested by the person furnishing a report, the portions of
a report which might disclose trade secrets or secret processes shall
not be made available for inspection by the public but shall be made
available upon written request to governmental agencies for uses related
to this article, the National Pollutant Discharge Elimination System
(NYSDES) permit, State Disposal System permit and/or the pretreatment
programs; provided, however, that such portions of a report shall
be available for use by the state or any agency in judicial review
or enforcement proceedings involving the person furnishing the report.
Wastewater constituents and characteristics will be recognized as
confidential information.
B.Â
Information accepted by the Village as confidential shall not be
transmitted to any governmental agency by the Village until and unless
a ten-day notification is given to the user.