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Village of Castleton-on-Hudson, NY
Rensselaer County
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Table of Contents
Table of Contents
[Adopted 9-13-1972 by L.L. No. 1-1972]
A. 
Unless the context specifically indicates otherwise, the meaning of terms used in this article shall be as follows:
ACT or THE ACT
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]
BOD (denoting "biochemical oxygen demand")
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.
BUILDING DRAIN
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.
BUILDING SEWER
The extension from the building drain to the public sewer or other place or disposal.
COMBINED SEWER
A sewer receiving both surface runoff and sewage.
CONTAMINATION
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]
ENGINEER
The professional engineer retained by the Village.
GARBAGE
Solid wastes from the domestic and commercial preparation, cooking and dispensing of food; and from the handling, storage and sale of produce.
INDUSTRIAL USER
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]
INDUSTRIAL WASTES
The liquid wastes from industrial manufacturing processes, trade or business as distinct from sanitary sewage.
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater.
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION or NYSDEC
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]
PERSON
Any individual, firm, company, association, society, corporation or group.
pH
The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
POLLUTION
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]
POTW TREATMENT PLANT
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]
PRETREATMENT
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]
PROPERLY SHREDDED GARBAGE
The wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch (1.27 centimeters) in any dimension.
PROPERTY LINE
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.
PUBLICLY OWNED TREATMENT WORKS (POTW)
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]
PUBLIC SEWER
A sewer in which all owners of abutting properties have equal rights, and is controlled by the Village.
SANITARY SEWER
A sewer which carries sewage and to which stormwater, surface water and groundwater are not intentionally admitted.
SEWAGE
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.
SEWAGE TREATMENT PLANT
Any arrangement of devices and structures used for treating sewage.
SEWER
A pipe or conduit used for carrying sewage.
SLUG
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.
SPDES
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]
STORM DRAIN (sometimes termed "storm sewer")
A sewer which carries stormwaters and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.
SUPERINTENDENT
The Superintendent of Public Works, or his authorized deputy, agent or representative.
SUSPENDED SOLIDS
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.
VILLAGE
The Village of Castleton-on-Hudson, Rensselaer County, New York.
WATERCOURSE
A channel in which a flow of water occurs, either continuously or intermittently.
B. 
"Shall" is mandatory; "may" is permissive.
A. 
It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the Village any human or animal excrement, garbage or other objectionable waste.
B. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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) 
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) 
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) 
Terms and conditions as may be required and imposed by the Superintendent in the issuance of the permit are as follows:
(a) 
A limitation upon the volume of sewage and the rate of flow permitted from the premises.
(b) 
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) 
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) 
The installation and maintenance by the permittee, at his own expense, of such preliminary treatment facilities as may be required by the Superintendent.
(e) 
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) 
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) 
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) 
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) 
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) 
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) 
A violation by the permittee of the permit shall be a cause for revocation or suspension of the permit.
(l) 
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]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(m) 
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) 
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) 
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]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(p) 
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]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:
(1) 
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) 
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) 
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) 
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) 
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) 
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) 
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. 
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) 
Any liquid or vapor having a temperature higher than 150° F. (65° C.).
(2) 
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) 
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) 
Any waters or wastes containing strong acid iron pickling wastes or concentrated plating solutions, whether neutralized or not.
(5) 
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) 
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) 
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) 
Any waters or wastes having a pH in excess of 9.5.
(9) 
Materials which exert or cause:
(a) 
Unusual concentration of inert suspended solids (such as, but not limited to, Fullers earth, lime slurries and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate).
(b) 
Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).
(c) 
Unusual BOD, chemical oxygen demand or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.
(d) 
Unusual volume of flow or concentration of wastes constituting slugs as defined herein.
(10) 
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) 
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) 
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) 
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) 
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) 
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) 
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. 
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) 
Reject the wastes;
(2) 
Require pretreatment to an acceptable condition for discharge to the public sewers;
(3) 
Require control over the quantities and rates of discharge; and/or
(4) 
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) 
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) 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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.