Town of Marion, NY
Wayne County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Marion as indicated in article histories. Amendments noted where applicable.]
Uniform construction codes — See Ch. 135 .
Flood damage prevention — See Ch. 153.
Stormwater, erosion and sediment control — See Ch. 231.
Subdivision of land — See Ch. 245.
[Adopted 4-20-1983]
Unless the context specifically indicates otherwise, the meaning of terms used in this article shall be as follows:
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 outside the inner face of the building wall.
The extension from the building drain to the public sewer or other place of disposal.
A sewer receiving both surface runoff and sewage.
The Marion Sewer District.
Solid waste from the domestic and commercial preparation, cooking and dispensing of food, and from the handling storage, and sale of produce.
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 or groundwater.
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 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 in any dimension.
A sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.
A sewer which carries sewage and to which stormwaters, surface waters, and groundwaters are not intentionally admitted.
A combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such groundwaters, surface waters, and stormwaters as may be present.
Any arrangement of devices and structures used for treating sewage.
All facilities for collecting, pumping, treating, and disposing of sewage.
A pipe or conduit for carrying sewage.
Is mandatory; "may" is permissive.
Any sudden, uncontrolled discharge of water, sewage or industrial waste that exerts a hydraulic organic or toxic shock to a treatment facility or receiving stream.
STORM DRAIN (sometimes termed "STORM SEWER")
A sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.
The Superintendent of the Marion Sewer District, 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.
A channel in which a flow of water occurs either continuously or intermittently.
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 district, any human excrement, garbage or other objectionable waste.
It shall be unlawful to discharge to any natural outlet within the district any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this article.
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 within the district.
The owner(s) of all houses, buildings or properties used for occupancy, employment, recreation or other purposes, situated within the district and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer district is hereby required at his expense to install suitable 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 the date of the official notice to do so, provided that said public sewer is within 100 feet of the property line.
Only wastes of a sanitary or household nature are to be accepted in the sewage system. No industrial waste is to be accepted unless such industrial waste has been pretreated in accordance with standards and procedures acceptable to the district, the New York State Department of Environment Protection Agency, and a permit for the discharge of such pretreated industrial waste has been obtained.
Unused septic tanks shall be cleaned out and filled with clean, bank-run gravel or other suitable material. The Town or district will not be responsible or liable for damages or injuries caused by septic tank cave-ins.
No person shall discharge or cause to be discharged any waters or wastes containing a toxic or poisonous substance, a high chlorine demand or suspended solids in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals or create any hazard in the receiving waters or the effluent of the Town sewage treatment plant. Such toxic substances shall be limited to the average concentrations listed hereinafter in the sewage as it arrives at the treatment plant and at no time shall the hourly concentration at the sewage treatment plant exceed three times the average concentration. For any waste entering the treatment plant and containing a combination of chromium (hexavalent), copper, nickel and zinc, the total concentration of these substances shall not exceed 10 ppm. If concentrations listed are exceeded, individual establishments will be subject to control in volume and concentration by the Town Engineer.
Sanitary Sewers
Limits of Toxic Substances in Sewage Concentration Limit
(milligrams per liter parameter)
Concentration Limit
(milligrams per liter)
2 mg/l - 30 day average
4 mg/l maximum daily
Hexavalent chromium
Total chromium
Available chlorine
Cyanide - free
Cyanide - complex
4 - added to water
multiply by 1.5 if no fluoride
No person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Town Clerk.
Existing buildings' 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.
Before anyone attempts hookup, the Superintendent shall be contacted to see that the sewer line has been tested and approved.
The connection of the building sewer into an existing public sewer shall be made at the property line. If the portion of public sewer located in the street or right-of-way has not previously been provided, such will be constructed from the existing public sewer to the property line by the district upon submittal of a proper request by the property owner and upon deposit of the estimated cost thereof. All costs and expense incident to the installation and connection of the entire length of public sewer shall be borne by the owner. The owner shall indemnify the district from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. The method of connection of the building sewer to the public sewer (at the property line) will be dependent upon the type of pipe material used and in all cases shall be approved by the Superintendent.
The size and slope of the building sewer shall be subject to the approval of the Superintendent, but in no event shall the diameter be less than four inches, nor shall the slope of the pipe be less than 1/8 inch per foot. A maximum of one-sixteenth-bend (22.5°) pipe vertically shall be permitted in lines from the sewer lateral to building.
The building sewer shall be tar-coated extra-heavy cast-iron soil pipe, asbestos cement sewer pipe, or PVC heavy-wall pipe of type Schedule 40, SDR-35 or SDR-21. Any part of the building sewer that is located within 10 feet of a water service pipe shall be constructed of cast-iron soil pipe. Cast iron may be required by the Superintendent where the building is located under a driveway or where is otherwise subject to unusual loadings.
All cast-iron soil pipe used for sewer laterals, sewer risers or other purposes shall be extra-heavy grade (ASTM-A-74) with double tar coating. Gaskets for cast-iron soil pipe shall be made of preformed, properly vulcanized virgin rubber compound containing no scrap or reclaim. Requirements for quality and performance characteristics of positive-seal compression-type molded gaskets shall conform to ASTM-C-564-68 and shall be for soil pipe manufactured to Commercial Standard CS188-59. Installation of premolded gaskets shall follow the requirements of the pipe manufacturers.
Asbestos cement sewer pipe, Johns-Manville or equal, shall be manufactured and tested to meet ASTM specification C428, Type II, with the following stipulations: standard lengths of pipe shall be 13 feet. Asbestos cement dyes shall have a minimum laying length of 39 inches. Johns-Manville multi-strength RTR fittings will be acceptable. Asbestos cement pipe shall be laid in crushed stone or clean gravel cradle unless otherwise directed. Each pipe joint shall be sealed with an asbestos cement coupling and two solid rubber rings. The pipe ends shall be properly machined to provide permanent automatic end separation. The pipe ends, coupling, and rubber rings shall be wiped clean immediately before joining the pipe. The rubber rings shall then be inserted into the coupling grooves and smoothed in place. Lubricant shall then be applied to the entire circumference of the pipe end, back to the stop shoulder. The pipe shall then be pushed home using either a bar or a block of wood, or a puller. The ring location shall be checked around the entire circumference of the pipe with a feeler gauge. If a misplaced rubber ring is found, the joint shall be disassembled, and then properly assembled and checked. Pipe entering or passing through manholes shall have a length not exceeding three feet three inches beyond the inside face of the manhole.
Where approved by the Superintendent, PVC pipe shall be Schedule 40 heavy-wall PVC with a gasket joint, conforming to ASTM 1785. Installation of PVC pipe and gasket joints shall be in strict compliance with manufacturer's instructions using acceptable lubricant. No glue joints will be permitted. Bedding for PVC pipe shall be a minimum of six inches deep and shall consist of crushed stone (maximum size, one inch). The haunching from the bedding to the spring line shall also be crushed stone carefully placed to support the pipe along its entire length. The initial backfill to six inches above the pipe shall be a select coarse sand and crushed stone. The type of bedding shall be subject to the approval of the Superintendent.
All joints and connections shall be made gastight and watertight. No cement joints will be permitted. The transition joint between cast-iron pipe and the other material shall be made with special adaptors and joint materials approved by the Superintendent.
The bedding, haunching and backfill for laterals must be approved by the Superintendent prior to construction.
There shall be a cleanout located just inside the building wall where the sewer pipe comes in, and also a cleanout for every hundred feet of lateral.
Private laterals are brought only to the basement wall (and not through it), and are to be plugged outside. This applies before startup of the sewage treatment plant.
Whenever possible, the building sewer shall be brought into the building at an elevation of at least one foot above the basement floor. No building sewer shall be laid parallel to and within three feet of any bearing wall, which might be weakened from it. The sewer depth shall be sufficient to afford protection from frost. The sewer shall be laid at uniform grade and in straight alignment as far as possible with changes in direction to be made with properly curved pipe and fittings. No ninety-degree angles will be accepted horizontally; two forty-five-degree angles are to be used instead.
In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sewage or industrial wastes carried by such drain shall be lifted by approved mechanical means and discharged to the building sewer.
All excavations required for the installation of a building sewer shall be open trenchwork unless otherwise approved by the Superintendent. Pipelaying the backfill shall be performed in accordance with Sections 3 through 6 of ASTM Specification C12 except that no backfill shall be placed until the work has been inspected and except that trench width measured at the top of the installed pipe shall not exceed 24 inches.
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 district.
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 representatives. When trenches are opened for the laying of building sewer pipes, such trenches shall be inspected by the Superintendent before the trenches are filled; and the person performing such work shall notify the Superintendent when the installation of the building sewer is completed. The filling of a trench before inspection is made will subject the person to whom the permit is issued to a penalty (See § 215-11.), and the trench shall be opened again for inspection.
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 district from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
No person shall make connection of roof downspouts, exterior foundation 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 sewer.
Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers or, to natural outlet approved by the Superintendent.
No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:
Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas.
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, constituting 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 discharged to the public sewer.
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.
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, disposable diapers, etc., either whole or ground by garbage grinders.
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:
Any liquid or vapor having a temperature higher than 150° F. (65° C.).
Any water or waste containing fats, wax, grease, or oils, whether emulsified or not, in access 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.).
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 hp metric) or greater shall be subject to the review and approval of the Superintendent.
Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions whether neutralized or not.
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.
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.
Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Superintendent in compliance with applicable state or federal regulations.
Any waters or wastes having a pH in excess of 9.5.
Materials which exert or cause:
Unusual concentrations of inert suspended solids (such as, but not limited to, fuller's earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate).
Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).
Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.
Unusual volume of flow or concentration of wastes constituting "slugs" as defined herein.
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.
Wastes; review and approval.
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 C 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:
Reject the wastes;
Require pretreatment to an acceptable condition for discharge to the public sewers;
Require control over the quantities and rates of discharges; and/or
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 § 215-10.[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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.
When a public sewer becomes available, each and every building sewer shall be connected to said sewer within 90 days and the private sewage disposal system abandoned. In addition, there shall be imposed a one-time charge for connection to the sanitary sewer system at a rate to be determined by the Town Board.
No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance, or equipment which is part of the sewage works. Any person violating this provision shall be subject to immediate arrest and criminal prosecution.
The Superintendent, other duly authorized employees of the district and representatives of the United States Environmental Protection Agency and the New York State Department of Environmental Conservation bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this article. The Superintendent or his representatives shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper or other industries beyond that point having direct bearing on the land and source of discharge to the sewers or waterways or facilities for waste treatment.
While performing the necessary work on private properties referred to in § 215-9A above, the Superintendent or duly authorized employees of the district 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 district employees and the district shall indemnify the company against loss or damage to its property by district 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.
The Superintendent and other duly authorized employees of the district bearing proper credentials and identification shall be permitted to enter all private properties through which the district holds a duly negotiated 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 full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
A quarterly charge is hereby imposed upon every person, firm, or corporation whose premises are served by the sanitary sewer system of the Town of Marion, either directly or indirectly for the use and support of the facilities of said sanitary sewer system and for connection therewith. The quarterly charge will be for the quarter ending March 31, June 30, September 30, and December 31 of each year. Bills will be rendered within 15 days after the end of the respective quarter and payment shall be due within 30 days after the ending of the quarter. In the event that payment is not made within the specified period, then a penalty of 10% of the entire bill then due shall be added. Any account delinquent as of September 30 will be added to the Town tax roll.
The sewer rental is due as hereinafter described whether or not the property in question is connected to the main sewer by the required lateral.
The sewer charge will be based on a sewer unit and said units are described as follows:
Each one-family year-around residence, occupied or unoccupied one unit.
Each two-family year-around residence, occupied or unoccupied: two units.
Each three-family year-around residence, occupied or unoccupied: three units.
Each residence used on a seasonal basis, of whatever nature or construction: one unit for every six, or fraction thereof, beds available for occupancy.
[Amended 10-9-1995 by Res. No. 100595]
Mobile homes, occupied or unoccupied: one unit.
Each apartment, occupied or unoccupied: one unit. Note: An "apartment" defined as living quarters with a separate sink, lavatory, or toilet facility.
Hotels and motels:
For every four rooms or fraction thereof offered for occupancy: one unit.
For each full-time occupancy by owner, manager, or employee: one unit.
Tourist homes, rooming houses. For every six rooms or fraction thereof rented or available for rent: one unit.
Industrial plants, commercial operations, professional or business offices, employing not more than seven employees and with separate water facilities: one unit.
Industrial plants, commercial operations, professional or business offices, employing seven or more employees for every seven employees for fraction thereof: one unit.
Note: Count for above to be submitted by employer to Town quarterly.
Each church, parsonage, rectory, convent or building or part of building used by religious, fraternal, civic or governmental organization: one unit.
Public and parochial schools, for every seven students, employees, and support staff: one unit. Note: The count on schools is to be recorded as of September 15 of each year and is to be effective for a twelve-month period.
Orphanages and homes for the aging, for every six beds or fraction thereof available for occupancy: one unit.
Dining establishments, car washes, laundry mats and all other establishments not heretofore mentioned: one unit.
In addition to the above sewer rent unit charge, there shall be imposed a quarterly charge for water consumption in addition thereto. Said water consumption charge shall be imposed on the basis of each 1,000 gallons or fraction thereof of water metered for the subject premises and shall be at a rate fixed by the Town Board of the Town of Marion pursuant to law.
There shall be imposed a one-time sewer connection charge at such time as a unit, as defined above, is required to be connected to the sewer system. The rate for such connection shall be fixed by the Town Board pursuant to law.
Any person may apply to the Town Board of the Town of Marion, acting as the Board of Sewer Commissions, for an adjustment of his sewer charge in the event there is a change of circumstances at any time resulting in a different number of sewer units for which the applicant is being charged or for any change affecting water consumption. The Board may require any relevant proof of change in circumstances and shall be submitted by the applicant. The Board shall determine what adjustments shall be made, if any. On the basis of the adjustments made by the Board, the Board may grant refunds or credits for the period of up to six months prior to the date of application.
Any person found to be violating any provision of this article except § 215-8 shall be served by the district with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
Any person who shall continue any violation beyond the time limit provided for in § 215-11A, shall be guilty of a violation, and on conviction thereof shall be fined in the amount of not exceeding $250, imprisoned for not more than 15 days, or both, for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Any person violating any of the provisions of this article shall become liable to the district for any expense, loss, or damage occasioned the district by reason of such violation.