[HISTORY: Adopted by the Town Board of the Town of Delaware
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-28-1997 by L.L. No. 2-1997]
The sewer use charge systems in effect at the time of the adoption
of this article are hereby repealed and shall be replaced by the system
of charges provided for herein.
This article shall be known and may be cited as the "Sewer Rent
Law of the Town of Delaware, New York."
Pursuant to Article 14-F of the General Municipal Law, there
are hereby established and imposed sewer rents as a means of producing
revenue for Sewer District No. 1 and Sewer District No. 2 of the Town
of Delaware.
After reviewing the various methods of establishing the equitable
assessment of the costs of operation and maintenance and capital improvements
of the Town of Delaware sewer districts, including the method which
has been in existence prior to the adoption of this article, it is
the opinion and determination of the Town Board that the system, based
upon the schedules of units heretofore utilized, subject to the minor
changes provided for herein, is just and equitable.
A.
The following units are hereby established for each lot, parcel of
land, building or other premises situated in Sewer District No. 1
and Sewer District No. 2 of the Town of Delaware:[1]
|
Property Classification
|
Operation and Maintenance Units
|
Capital Units
| |||
|---|---|---|---|---|---|
|
Single-family dwelling
|
1
|
1
| |||
|
2-family dwelling
|
2
|
2
| |||
|
3-family dwelling
|
3
|
3
| |||
|
4-family dwelling
|
4
|
4
| |||
|
5-family dwelling
|
5
|
5
| |||
|
6-family dwelling
|
6
|
6
| |||
|
Single apartment (multiuse building)
|
1
|
1
| |||
|
Laundry
|
0.5 per machine
|
0.5 per machine
| |||
|
Car wash:
| |||||
|
(commercial)
|
1 per bay
|
1 per bay
| |||
|
(private)
|
0.5 per bay
|
0.5 per bay
| |||
|
Churches
|
1
|
1
| |||
|
Doctor/dentist offices
|
1
|
1
| |||
|
Grocery store/supermarket
|
2.25
|
2.25
| |||
|
Theaters, meeting halls and places of mass assembly
|
0.5 for 0 to 20 seats
|
0.5 for 0 to 20 seats
| |||
|
0.75 for 21 to 50 seats
|
0.75 for 21 to 50 seats
| ||||
|
1 for 50 + seats
|
1 for 50 + seats
| ||||
|
Office/retail
|
0.5 up to 4 people
|
0.5 up to 4 people
| |||
|
0.75 for 5 to 10 people
|
0.75 for 5 to 10 people
| ||||
|
1 for 11 to 18 people
|
1 for 11 to 18 people
| ||||
|
1.25 for 19 + people
|
1.25 for 19 + people
| ||||
|
Funeral parlor
|
1
|
1
| |||
|
Food service (minimum 1 unit per category)
|
1 for 0 to 20 seats
|
1 for 0 to 20 seats
| |||
|
Allowable deductions for food service:
|
2 for 21 + seats
|
2 for 21 + seats
| |||
|
Facilities using paper products only
|
-0.5
|
-0.5
| |||
|
Facilities without lavatories/toilets
|
-0.5
|
-0.5
| |||
|
Hotel/motel
|
0.25 per room
|
0.25 per room
| |||
|
Hairdresser/barber
|
1 per technician
|
1 per technician
| |||
|
Public showers/bathhouses
|
0.5 per room/half year
|
0.5 per room/half year
| |||
|
Vacant land
| |||||
|
Under 1 acre
|
0
|
0.25
| |||
|
1 + acre
|
0
|
0.50
| |||
B.
In all sewer districts, the Town Board may assign an appropriate
and equitable number units as the need therefor arises for any use
not covered by the foregoing schedule.
A.
Upon the adoption of this article, the Town Board shall provide to
the Town Assessor a list of parcels for which this article effects
a change from the existing number of units and setting forth the correct
number of units applicable to each such parcel, whereupon the Assessor
shall cause the assessment roll to be corrected accordingly.[2]
B.
Commencing in 1998, the Town Board shall, no later than the taxable
status date of each year, provide the Assessor a list of additions,
deletions and/or changes in the number of units to be assessed against
each parcel based upon the then-existing available data.[3]
C.
Each year, simultaneously with the submission of the tentative Town
budget by the Budget Officer to the Town Board, the Town Board shall
be provided a statement as to the estimated amounts of revenue required
to be raised for operational and maintenance expenses and capital
expenditures for each sewer district for the ensuing year, as well
as a per-unit apportionment of each amount for each district. The
Town Board shall then fix and determine the per-unit rates to be charged
in each sewer district for operational and maintenance expenses and
capital expenditures, respectively, by local law, as required pursuant
to General Municipal Law Article 14-F.
D.
The Town Board shall levy the amounts so adopted against the real
property liable therefor at the same time and in the same manner as
Town taxes, such amounts to be set forth in the annual tax rolls.
The amounts so levied shall be levied and enforced in the same manner
and at the same time and subject to the same penalties as may be provided
by law for the collection and enforcement of Town taxes.
[1]
Editor's Note: Sewer rents, which are updated and adopted
annually by local law, are available at the Town offices.
[Adopted 12-12-1991 by L.L. No. 2-2011]
A.
Short title. This article shall be known as the "Town of Delaware
Sewer District Use Regulations."
B.
Purposes. The purposes of rules, regulations and requirements of
this article are specifically stated as follows:
(1)
To prohibit excessive volumes and/or inordinate rates of flow of
sewage and wastes into the Town of Delaware Sewer District sewer systems
and all public and private sewers and lines tributary thereto;
(2)
To prohibit the contribution of sewage, industrial wastes or other
wastes of a flammable nature, or which create in any way a poisonous
or hazardous environment for sewage maintenance and operation personnel;
(3)
To prohibit the contribution of sewage, industrial wastes or other
wastes which may cause maintenance difficulties in the interceptor
sewers, trunk sewers, force mains, pumping stations, sewage regulators,
and other structures and appurtenances of the Town of Delaware Sewer
District sewer system and public and private sewers tributary thereto;
(4)
To prohibit the contribution of sewage, industrial wastes or other
wastes which may create operating difficulties at the Village of Jeffersonville
Water Pollution Control Facility or a Town of Delaware water pollution
control facility, as it is to be constructed, modified or improved
in the future;
(5)
To require the treatment, before introduction into a Town of Delaware
Sewer District sewer system and public and private sewers tributary
thereto, of such wastes as may impair the strength and/or durability
of the structure appurtenant to the system by direct or indirect chemical
action or interfere with the normal treatment process;
(6)
To regulate all connections and discharges to and usage of a Town
of Delaware Sewer District sewage system for the purpose of providing
maximum efficiency in the maintenance and operation of the system
and adhere to all applicable federal, state and local requirements;
(7)
To require the connection to and the use of the sanitary sewer system;
and
(8)
To protect the public health and to prevent nuisances.
Definitions. Unless the context specifically indicates otherwise,
the meaning of terms used in this article shall be as follows:
The Code Enforcement Officer, or his duly authorized deputy,
agent or representative.[1]
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20° C. (68° F.), expressed in parts per million (ppm) or
milligrams per liter (mg/l).
That part of the lowest horizontal piping of a building sanitary
drainage system which receives the discharge from soil, waste and
other sanitary drainage pipes inside the walls of any building and
conveys such discharge to the building sewers, beginning five feet
outside the inner face of the building wall.
That part of the horizontal piping of a sanitary drainage
system which extends from the end of the building drain and which
receives the discharge of the building drain and conveys it to a public
sewer or other point of disposal.
A sewer designed to receive and transport both surface runoff
and sewage.
The water discharge from any system of condensation, air
conditioning, cooling, refrigeration or other sources.
The New York State Department of Health.
Any Town of Delaware Sewer District of which all or a portion
of the land area of the Town is a part or in which such Town or portion
thereof shall participate.
The Town of Delaware Sewer District No. 1.
The Town of Delaware Sewer District No. 2.
The trunk sewers and lateral sewers and other appurtenant
structures owned and operated by the Town of Delaware Sewer District.
An acquired legal right for the specific use of land owned
by others.
Oil, fat or grease in a physical state such that it will
separate by gravity from wastewater by treatment in an approved pretreatment
facility. Wastewater shall be considered free of floatable fat if
it is properly pretreated and the wastewater does not interfere with
the collection system.[2]
Solid wastes from the domestic or commercial preparation,
cooking and dispensing of food, or from handling, storage and sale
of produce.
Any individual 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 Town of Delaware Sewer District No.
1 or Sewer District No. 2 sanitary sewer systems.[3]
The fluid wastes from industrial manufacturing processes,
trade or business, as distinct from sanitary sewage.
The New York State Department of Environmental Conservation
or duly authorized official of said Department.
Garbage (shredded or unshredded), refuse, woods, coffee grounds,
sawdust, shavings, eggshells, bark, sand, lime, cinder, ashes and
all other discarded matter not normally present in sewage or industrial
wastes.
Any person who obtains a permit for sewer connection.
Any individual, firm, company, association, society, corporation
or group.
The intensity of the acid or alkaline reaction of a solution
in terms of hydrogen concentration (but is not a measure of the total
concentration of acid or alkali present). The pH is expressed as the
common logarithm of the reciprocal of the hydrogen concentration in
moles per litter:
|
pH =
|
log 1
(h+)
|
Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, chemical wastes, biological materials,
radioactive materials, heat, wrecked or discharged equipment, rock,
sand, cellar dirt and industrial, municipal and agricultural waste
discharged into water.
The man-made or man-induced alteration of the chemical, physical,
biological and radiological integrity of water.
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 wastewater treatment facility.
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.
Any privy, septic tank, cesspool or other sewage disposal
facility owned and operated by a person other than a municipal sewage
system.
The wastes from the preparation, cooking and dispensing of
food that has 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 having a dimension greater than 1/2
inch in any dimension.
A sewer controlled by public authority.
A natural watercourse or any other body of surface water
or groundwater into which treated or untreated sewage is discharged.
A sewer which carries sewage and to which stormwater, surface
water and groundwater are not intentionally admitted.
The conditioned human waste matter collected from privies,
septic tanks, cesspools and chemical toilets.
A combination of the water-carried wastes from residences,
business buildings, institutions and industrial establishments, together
with such groundwater, surface water and stormwater as may be inadvertently
present. The admixture of sewage, as above defined, with industrial
wastes or other wastes also shall be considered "sewage" within the
meaning of this definition.
The demand payment for the use of public sewer and/or sewage
treatment plant for handling any sewage, industrial wastes or other
wastes accepted for admission thereto, in which the quantity or characteristics
thereof exceed the maximum values as defined herein.
All facilities within a Town of Delaware Sewer District for
collecting, regulating and transporting sewage to the water pollution
control facility.
Any arrangement of devices and structures used for treating
sewage at the Village of Jeffersonville Water Pollution Control Facility,
a Town of Delaware water pollution control facility or any other sewage
system of the Town of Delaware.
A pipe or conduit for carrying sewage.
Is mandatory; "may" is permissive.
Any user who:
Has a flow of 25,000 gallons or more per average workday;
Has a flow greater than 5% of the flow in a Town of Delaware
sewer district wastewater system;
Has in his wastes toxic pollutants as defined pursuant to Section
307 of the Act;
Has been identified as one of the 21 industrial categories pursuant
to Section 307 of the Act; or
Is found by a Town of Delaware sewer district to have a significant
impact, either singly or in combination with other contributing industries,
on the wastewater treatment or collection system.
Any discharge of water or wastewater which, in concentration
of any given constituent or in quantity of flow for any period of
duration longer than 15 minutes, exceeds more than five times the
average twenty-four-hour concentration of flows during normal operation
and shall adversely affect the collection system and/or performance
of the wastewater treatment works.
The State Pollution Discharge Elimination System established
by Article 17 of the Environmental Conservation Law of the State of
New York for issuances of permits authorizing discharges to the waters
of the state.
A sewer which carries stormwater and surface waters and drainage
but excludes sewage and industrial wastes other than cooling waters
and other unpolluted waters.
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 Federal Water Pollution Control Act, also known as the
"Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.
The Town of Delaware.
The United States Environmental Protection Agency or, where
appropriate, a designation for the administrator or other duly authorized
official of said agency.
The Village of Jeffersonville.
A.
Duties. It shall be the duty of the Administrator of the Town to
enforce the provisions of this article and to formulate and issue
such rules, regulations and specifications which may be necessary
for the administration, development or construction of sewers of the
district as required to implement this article.
B.
Inspections.
(1)
The Administrator and USEPA and NYSDEC representatives, bearing proper
credentials and identification, shall be allowed ready access at all
times for the purposes of inspection, observation, measurement and
sampling of the wastewater discharge to ensure that discharge to the
district wastewater facilities is in accordance with the provisions
of this article.
(2)
The Administrator and USEPA and NYSDEC representatives, bearing proper
credentials and identification, shall be permitted to enter all private
property through which the district holds an easement for the purposes
of inspection, observation, measurement, sampling, repair and maintenance
of any of the district wastewater facilities lying within the easement.
All entry and any subsequent work on the easement shall be done in
full accordance with the terms of the easement pertaining to the private
property involved.
(3)
The Administrator shall have the right to set up on the user's
property such devices as are necessary to conduct sampling or metering
operations. The Administrator may at reasonable times have access
to and copy any records, inspect any monitoring equipment or method
required by District wastewater discharge ordinances, 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 its security guards so that, upon
presentation of suitable identification, personnel from the Town will
be permitted to enter without delay.
C.
Permits. It shall be unlawful for any person to discharge directly
or indirectly into public sewers of the district sewer system except
after the issuance of a permit therefor, properly issued by the Administrator,
and upon terms and conditions as may be established by the Administrator
or by this article for the issuance of such a permit.
A.
Sewer discharge. It shall be unlawful to discharge into any receiving
waters within the district, either directly or indirectly, any sewage,
industrial wastes or other pollution.
B.
Use required. The person owning any property used for human occupancy,
employment, recreation, commerce, industry or other public or private
purpose situated within the district, which abuts on any street or
right-of-way in which or adjacent to which there is located a public
sanitary sewer, is hereby required at his own cost and expense to
connect the sanitary sewage discharge from his property directly with
the public sewer in accordance with the provisions of this article
within 90 days after official notice to do so, provided that said
public sewer is within 500 feet of the property line. The Town reserves
the right to extend said period an additional amount of time.
C.
Unauthorized use. It shall be illegal for any property owner to connect
his building to the collection system without the prior approval of
the Administrator. If there is any unauthorized taking of sewer service
without the approval of the Administrator, then such individual shall
be subject to the penalties and fine as hereinafter provided.
A.
Public sewers not available. Whenever a public sanitary sewer is not available within the district as described under the provisions of § 173-10B, the building sewer shall be connected, either directly or through a private sewage system, to a private sewage disposal system complying with the requirements of the Department of Health and the provisions of this article.
B.
Standards. The type, capacities, location and layout of a private
sewage disposal system, and the pipe sizes, slopes and design criteria
of a private sewage system within the district shall comply with the
requirements of the Health Department, and no statement in this article
shall be construed to interfere with these or any other additional
requirements or recommendations that may be imposed by the Department
of Health. Any additional requirements imposed by this article are
for the purpose of implementing the intent of this article and providing
for the proper development of the district sewer system.
C.
Review of requirements. Before commencement of construction of a
private sewage sanitary system, the owner shall first obtain a written
permit issued by the Administrator. The application for such permit
shall be made on a form furnished by the district, which will be supplemented
by any plans, specifications and other information as is deemed necessary
by the Administrator. A permit and inspection fee will be paid to
the district at the time the application is filed. All information
required shall become a part of the application. Construction shall
not commence until approved by the Administrator. Any revisions to
the approved application without the written approval of the Administrator
is prohibited.
D.
Construction requirements. The methods, practices and materials used
in the construction of a private sewage system located in the district
shall be in accordance with the provisions of the approved application
and any specifications and requirements adopted by the Town Board
in fulfilling the Administrator's duties and the provisions of
this article, as provided herein. In the absence of any particular
provisions or in amplification thereof, the materials and procedures
set forth in appropriate specifications of the American Society of
Testing and Materials (ASTM) and the Water Pollution Control Federation
(WPCF) Manual of Practice No. 9 shall apply.
E.
Inspection and certification required. The Administrator shall be
allowed to inspect the work at any stage of construction, and in any
event, the applicant shall notify the Administrator when the work
or separate portion of it is ready for final inspection and before
any underground portions are covered. The inspection shall be made
within 24 hours of receipt of notice by the Administrator. Prior to
final approval, the applicant shall provide the Administrator with
two complete sets of as-built drawings of the system and, in the case
of a sewage infiltration test, the results certified by a professional
engineer licensed in the State of New York. The maximum allowable
rate of infiltration into any section of a sewage system shall not
exceed 200 gallons per inch of pipe diameter per mile of sewer per
day.
F.
Owner to maintain. The owner of a private sewage disposal or sewage
system shall operate and maintain such facilities in a satisfactory
manner at all times at no expense to the district.
G.
Connection required to public sewers when available. At such time as a public sewer becomes available to a property served by a private sewage disposal and/or sewage system, as provided for in § 173-10B, a direct connection shall be made to the public sewer in compliance with this article within 60 days. Any person obtaining a permit to connect to the public sewer shall be required to abandon the existing septic tank or cesspool or other private sewage disposal facilities as hereinafter prescribed in § 173-12, and said facilities shall be cleaned of sludge and removed or filled with suitable material, or as directed by the Administrator.
H.
Connecting of private sewage systems. Where service through a public
sewer becomes available to an existing private sewage system, whether
or not such system was constructed prior to the adoption of this article,
the Administrator shall, before issuing a permit for connection to
the public sewer, have the right to perform such tests and inspections
as may be required to ascertain the completeness and integrity of
the private sewage system, and to require all necessary repairs to
be made by the owner, at no expense to the district to make the private
sewage system acceptable for connection to the public sewer as required
by this article, or such additional rules, regulations and specifications
as may be adopted by the Town Board.
A.
Connection permit required. No person shall uncover, make any connections
with or opening into, use, alter, disturb or discharge into any public
sewer or appurtenance thereof without first obtaining a written permit
from the Administrator or Town Board, where designated.
B.
Permit classes. There shall be two classes of building sewer permits:
1) for residential and commercial service; and 2) for service to establishments
producing industrial wastes. In either case, the owner or his agent
shall make application on a special form furnished by the Administrator.
The permit application shall be accompanied by plans, profiles, specifications
or other information considered pertinent by the Administrator. All
permit applications for service to establishments producing industrial
wastes shall be subject to Town Board approval after a public hearing.
A permit and inspection fee for a residential or commercial building
sewer permit or for an industrial building sewer permit in the amount
prescribed in a fee schedule adopted by the Town Board shall be paid
to the district at the time that the application is filed.
C.
Connection costs. All costs and expenses in installing and connecting
a public sewage system or building sewer to the district sewer system
shall be borne by the owner. The owner shall indemnify the district
for any loss or damage that might be occasioned by the installation
and connection of such public sewage system or building sewer.
D.
Separate building sewer required. A separate and independent building
sewer shall be provided for every building, except where one building
stands at the rear of another on a separate interior lot and no 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.
Existing building sewers. Existing building sewers may be used in
conjunction with new buildings only when they are found, upon inspection
and testing by the Administrator, to meet all requirements of this
article and any other specifications adopted by the Administrator.
F.
Construction requirements. The size, slope, alignment, materials
or construction of a building sewer, appurtenances and the methods
to be used in excavating, placing of the building sewer pipe, jointing,
testing and backfilling the trench shall conform to the requirements
of the specifications for the installation of building sewers as adopted
by the Town Board and all applicable provisions of any other rules
and regulations of the Town of Delaware or of the County of Sullivan
and the State of New York, whichever requirement is more strict. In
the absence of any requirements or in amplification thereof, the materials
and procedures set forth in appropriate specifications of the American
Society of Testing and Materials (ASTM) and the Water Pollution Control
Federation (WPCF) Manual of Practice No. 9 shall apply. All connections
of building sewers to a public sewage system shall be gastight and
watertight. Any deviations from the prescribed materials and construction
procedures must be approved by the Administrator prior to installation.
G.
Service requirements. 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, sewage carried by such building
drain shall be lifted by a method approved by the Administrator and
discharged to a gravity-flow building sewer.
H.
Prohibited connections. No person shall make a connection of roof
downspout, 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 to a public sanitary sewer.
I.
Inspection and approval. The applicant for the connection of any
building sewer to a public sewage system owned or maintained by the
district shall notify the Administrator when the building sewer is
ready for inspection and connection to the public sewer. In no case
shall any underground portions of the building sewer be covered or
connection to the public sewer made without the approval and/or supervision
of the Administrator or his representative. Permission to activate
the building sewer will be given only after satisfactory final inspection
has been made and approval given by the Administrator.
J.
Protection and safety. All excavations for building sewer excavations
shall comply with all federal, state and local safety regulations
and 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 work shall be restored
in a manner satisfactory to the Administrator and appropriate municipal
authorities.
K.
Maintenance and repair. Building sewers shall be maintained, serviced
and repaired by the owner of the property served from the building
drain to a point within one foot of the Y in the street, if connected
to a public sewer in a public right-of-way, and to within two feet
of the public sewer located in an easement across private property.
In the event that a property is unable to discharge sewage into the
public sewer, it will be presumed that the fault is in the private
building sewer unless contrary facts are in evidence. Evidence of
willful damage to a building sewer being served by a public sewer
shall be considered a violation of the article.
L.
Disconnection. Before any building whose building sewer is connected
to a public sewer is demolished, the owner thereof shall conform with
the requirements established by the Administrator. The cutoff or plugging
of the building sewer shall be done with the permission and under
the supervision of the Administrator.
A.
Drainage discharges. 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 the district sewer system.
B.
Prohibited discharges. No person shall discharge or cause to be discharged
any of the following described waters or wastes to the district sewer
system, which:
(1)
Create a fire or explosion hazard, including, but not limited to,
gasoline, benzene, naptha, fuel oil or other flammable or explosive
liquid, solid or gas; or any liquid, solids or gases which by reason
of their nature or quantity are sufficient, either alone or by interaction
with other substances, to cause fire or explosion or be injurious
in any other way to the district sewer system and Village sewage treatment
plant or to the operation of the district sewer system and Village
sewage treatment plant. At no time shall two successive readings on
an explosion hazard meter at the point of discharge into the system
(or at any point in the system) be more than 5% nor any single reading
over 10% of the lower explosive limit (LEL) of the meter;
(2)
Contain noxious, malodorous gas or substance which is present in
quantities that create a public nuisance or a hazard to life;
(3)
Cause corrosive damage or hazard to structures, equipment or personnel
of the district sewer system and Village sewage treatment plant, but
in no case discharges with the following properties:
(4)
Cause obstruction to the flow in sewers, or other interference with
the operation of the district sewer system and Village sewage treatment
plant due to accumulation of solid or viscous materials; such substances
include, but are not limited to, grease, 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., in quantities
or of such size capable of impairing the hydraulic capacity of the
sewer or other interferences with the operation of the district sewer
system and Village sewage treatment plant.
C.
Controlled discharges. No person shall discharge or cause to be discharged
the following described substances, materials, waters or wastes to
the district sewer system without the prior approval of the Town Board:
(1)
Constitute a rate of discharge or substantial deviation from normal
rates of discharge ("slug discharge") sufficient to cause interference
in the operation and performance of the district sewer system and
Village sewage treatment plant;
(2)
Contain heat in amounts which will accelerate the biodegradation
of wastes, causing the formation of excessive amounts of hydrogen
sulfide in the district sewer system or inhibit biological activity
in the wastewater treatment facilities, but in no case shall the discharge
of heat cause the temperature in the district sewer system to exceed
65.5° C. (150° F.) or the temperature of the influent to the
treatment facilities to exceed 40° C. (104° F.) unless the
facilities can accommodate such heat;
(3)
Contain nonbiodegradable 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.);
(4)
Contain floatable oils, fat or grease;
(5)
Contain any garbage that has not been properly shredded;
(6)
Waters or wastes containing strong acids, iron pickling wastes, or
concentrated plating solutions, whether neutralized or not;
(7)
Contain any odor- or color-producing substances exceeding concentration
limits which may be established for purposes of meeting the SPDES
permit;
(8)
Contain radioactive wastes or isotopes of such half-life or concentration
as may exceed limits established by the Administrator in compliance
with applicable Town, state and federal regulations;
(9)
Any waters or wastes having a pH in excess of 12.0;
(10)
Materials which exert or cause:
(11)
Waters or wastes containing substances which are not amenable
to treatment or reduction by the sewage treatment process employed
by the Village or are amenable to treatment only to such degree that
the sewage treatment plant effluent cannot meet the requirements of
agencies having jurisdiction over discharge to the receiving waters.
D.
Requirements for accepting controlled discharges.
(1)
If any waters or wastes are discharged or are proposed to be discharged to the district sewer system, which waters contain the substances or possesses the characteristics enumerated in Subsection C of this section and which, in the judgment of the Town Board, may have a deleterious effect upon the sewage works, processes, equipment or other receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Town Board may:
(a)
Reject the waters or waste;
(b)
Require pretreatment to an acceptable condition for discharge
to the district sewer system;
(c)
Require control over the quantities and rates of discharge;
and/or
(d)
Require that periodic reports be filed with it at intervals
not exceeding six months, containing the following material:
[1]
The specific action, if any taken, to achieve compliance with
Section 307 of the United States Public Law No. 95-217 and any pretreatment
requirements mandated by any statute, rule or regulation of New York
State, or any of its departments, agencies or bureaus.
[2]
Results of a comprehensive sampling and laboratory testing program
indicating the characteristics of the wastewater so discharged in
terms of parameters that will adequately identify the waste. The types
of testing and frequency of testing for each such person discharging
such wastewater shall be specified by the Administrator. All sampling
and laboratory testing required by the Administrator shall be performed
by each such person, and all costs and expenses incident to the testing,
sampling, monitoring and reporting with respect to providing data
to the Administrator, the New York State Department of Environmental
Conservation, the United States Environmental Protection Agency, or
any other agency having jurisdiction shall be borne by such person.
(2)
If the Town Board permits the pretreatment or equalization of waste
flows, the design and installation of the pretreatment/equalization
works and equipment shall be subject to the review and approval of
the Town Board and subject to the requirements of all applicable codes,
ordinances and laws.
E.
Grease interceptors. Grease, oil and sand interceptors shall be provided
when, in the opinion of the Town Board or the Administrator, such
interceptors are necessary for the proper handling of liquid wastes
containing grease in excessive amounts or any flammable wastes, sand
or other harmful ingredients. All interceptors shall be of a type
and capacity approved by the Administrator and shall be located as
to be readily and easily accessible for cleaning and inspection. Owner
is to provide proof of regular maintenance to the Code Enforcement
Officer on an annual basis.[2]
Entities required to have grease interceptors shall provide
plans and technical information for grease interceptor facilities,
prepared by a New York State licensed engineer, to the Town for review
and approval by the Administrator and Town Engineer. Costs for review,
approval of plans and for routine inspections of grease interceptors
will be paid by the facility owner.[3]
F.
Maintenance of pretreatment facilities. 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.
G.
Control and inspection manhole. When required by the Town Board,
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
a manhole, when required, shall be accessibly and safely located and
shall be constructed in accordance with plans approved by the Administrator.
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.
H.
Measurements and tests. All measurements, tests and analyses 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 Public 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 district sewer system 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 analyses involved will determine
whether a twenty-four-hour composite of all outfalls of a premises
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 is determined
from periodic grab samples).
I.
Review of determination.
(1)
Any persons aggrieved by any decision or determination made by the Town Board or Administrator of the district pursuant to Subsection D hereof may bring a proceeding to review such determination in the manner provided by Article 78 of the Civil Practice Law and Rules.
(2)
No statement contained in this article shall be construed as preventing
any special agreement or arrangement between the Town and any industrial
concern whereby an industrial waste of unusual strength or character
may be accepted by the district for treatment, subject to payment
thereof by the industrial concern in accordance with applicable provisions
of law.
J.
Special agreements. Special agreements and arrangements between the
municipality and any persons or agencies may be established when,
in the opinion of the municipality, unusual or extraordinary circumstances
compel special terms and conditions. Acceptance of such waste shall
not cause the sewer treatment plant to violate its SPDES permit or
the receiving water quality standards or any pretreatment regulations
promulgated by the United States Environmental Protection Agency or
the New York State Department of Conservation in accordance with § 307
of P.L. 95-217.[4]
Scavenger discharges prohibited. The discharge of private scavenger
wastes into the district sewer system and public sewers tributary
thereto shall not be permitted.
Significant industrial users. The connection of any significant industrial users, as defined within § 173-8, into the district sewer system and sewers tributary thereto shall not be permitted.
A.
Protection from damage. Any person who willfully or negligently breaks,
damages, destroys, uncovers, defaces or tampers with any structure,
appurtenance or equipment which is a part of the district sewer system
or public sewer tributary thereto will be in violation of this article,
immediately arrested under the charge of disorderly conduct, and subject
to the penalties provided herein.
B.
Notification of discharge. Any user who accidentally discharges wastes
in violation of this article shall immediately notify the Administrator
and the Town. Notification shall be followed within 15 days by a detailed,
written statement describing the causes of the accidental discharge
and the measures taken to prevent future occurrence. Such notification
will not serve to relieve the user of liability for any expense, loss
or damage to the Town sewer system or for any fines imposed by the
Town of Delaware under applicable state and federal regulations.
C.
Submission of plans. Any user who discharges industrial wastes, as
distinct from sanitary sewage, shall be required to submit to the
Town Board detailed plans to show facilities and operating procedures
to provide protection from accidental direct or indirect discharge
of deleterious materials or wastes to the district sewer system.
A.
Enforcement.
(1)
The Administrator shall have the responsibility of enforcing the
provisions of this article. Where a violation of said provisions is
found, the Administrator shall notify the alleged offender by certified
mail of the nature of the violation and prescribe a period of time
not to exceed 30 days within which the specified violation must be
corrected. Such period of time may be extended by the Town Board.
B.
Penalties and civil remedies.
(1)
A violation of the provisions of this article is an offense, and
each such violation may be punished by a fine not exceeding $500 for
the first offense and by a fine not exceeding $1,000 for each subsequent
offense or by imprisonment for a period not exceeding six months,
or by both such fine and imprisonment. In lieu of or in addition to
such fine, each such violation shall be subject to a civil penalty,
not exceeding $1,000 for any one violation, to be recovered in an
action or proceeding brought by the Town Attorney in the name of the
Town and the district in a court of competent jurisdiction. Each day
a violation continues shall be subject to a separate fine or civil
penalty.
(2)
The Town Attorney may maintain an action or proceeding in the name
of the Town and the district in a court of competent jurisdiction
to compel compliance or restrain by injunction any violation of this
article, notwithstanding the provisions hereof for a penalty or other
punishment.
(3)
Where any violation of this article causes additional expense to
the Town or the district, the Town or the district shall have a cause
of action against the violator to recover such additional cost. The
cause of action may be asserted at the discretion of the Administrator
and shall be in addition to the fine, penalty and injunction hereinabove
provided and shall be brought by the Town Attorney in the name of
the Town and the district in a court of competent jurisdiction.
A.
Laws repealed and interpretation. This article shall supersede Local
Law No. 5 of 1982, entitled "A local law establishing the rules, regulations
and requirements in relation to the use of public and private sewers,
private sewage disposal, the installation and connection of building
sewers, and the discharge of sewage, industrial wastes or other wastes
into the sewage system of the Town of Delaware Sewer District No.
1 and all public and private sewers tributary thereto, and prescribing
penalties for violations thereof." The Town Board does not intend
that the meaning and interpretations adopted or used pursuant to said
Local Law No. 5 of 1982 shall change as a result of the adoption of
this article. Rather it is the intent of the Town Board of the Town
of Delaware in enacting this article to adopt common regulations for
all sewer districts within the Town. It is further intended that this
article shall, unless amended or modified by the Town Board, apply
to all other sewer districts organized in the Town of Delaware after
the effective date of this article.
