[HISTORY: Adopted by the Town Board of the Town of Lysander 4-16-1984 by L.L. No. 1-1984 (Ch. 105 of the 1989 Code). Amendments noted where applicable.]
This chapter shall be known as the "1984 Sewer Use Ordinance
of the Town of Lysander, New York."
A.
ASTM
BOD (denoting "BIOCHEMICAL OXYGEN DEMAND")
BUILDING DRAIN
BUILDING SEWER
COMBINED SEWER
ENGINEER
GARBAGE
INDUSTRIAL WASTES
INSPECTOR
NATURAL OUTLET
OWNER
PERSON
pH
PLUMBING CONTROL
PRIVATE SEWAGE DISPOSAL SYSTEM
PROPERLY SHREDDED GARBAGE
PUBLIC SEWER
SANITARY SEWER
SEWAGE
SEWAGE TREATMENT PLANT
SEWER
SEWERAGE WORKS
SLUG
STORM SEWER or STORM DRAIN
SUSPENDED SOLIDS
TOWN
UNPOLLUTED WATER OR WASTE
WATERCOURSE
Unless the context specifically indicates otherwise, the meanings
of the words, terms and phrases used in this chapter shall be as follows:
American Society for Testing and Materials.
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 three feet (0.92 meter) outside the inner face of the building
wall.
The extension from the building drain to the public sewer
or other place of disposal, and shall be the responsibility of the
building owner.
A sewer intended to receive both surface runoff and sewage.
The professional engineer retained as engineer for the Town
of Lysander.
Solid wastes 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,
as distinct from sanitary sewage.
The Town's Building Inspector or his authorized deputy, agent
or representative.
Any outlet into a watercourse, pond, ditch, lake or other
body of surface water or groundwater.
Any individual, firm, company, association, corporation,
society, person or group having title to real property.
Any individual, firm, company, association, corporation or
group.
The logarithm of the reciprocal of the weight of hydrogen
ions in grams per liter of solution.
The Onondaga County Health Department's Plumbing Control
Section inspector or his authorized deputy, agent or representative.
A privately owned system for the treatment and ultimate disposal
of wastewater, such as a septic tank, holding tank or other system.
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.
A sewer in which all owners of abutting properties have equal
rights and which is controlled by public authority.
A sewer which carries sewage from residences, commercial
buildings and industries and to which stormwater, surface water and
groundwaters are not intentionally admitted.
A combination of the water-carried wastes from residences,
business buildings, institutions and industrial establishments, together
with such groundwater, surface water and stormwater as may be present.
Any arrangement of devices and structures used for treating
sewage.
A pipe or conduit for carrying sewage.
All facilities for collecting, pumping, treating and disposing
of sewage, with the exception of private sewage disposal systems.
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 or flows during
normal operation.
A pipe or conduit which carries storm- and surface waters
and drainage but excludes sewage and industrial wastes.
Solids that either float on the surface of or are in suspension
in water, sewage or other liquids and which are removed by laboratory
filtering.
The Town of Lysander, New York.
Any water or waste containing none of the following: free
or emulsified grease or oil; acid or alkali; phenols or other substances
imparting taste or odor in receiving waters; toxic or poisonous substances
in suspension, colloidal state or solution; and noxious or odorous
gases. It shall contain not more than 10,000 milligrams per liter
of dissolved solids, of which not more than 2,500 milligrams per liter
shall be as chloride, with permissible volumes subject to review by
the Inspector and not more than 10 milligrams per liter each of suspended
solids and BOD. The color shall not exceed 50 milligrams per liter.
Any natural or man-made channel in which a flow of water
occurs, either continuously or intermittently.
B.
"Shall" is mandatory; "may" is permissive.
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 Town, or in any area under the jurisdiction of the Town,
any human or animal excrement, garbage or other objectionable waste.
This section shall not include the land application of animal excrement
in the normal course of garden operations or farming.
It shall be unlawful to discharge to any natural outlet within
the Town, or in any area under the jurisdiction of the Town, any sewage
or other polluted waters, except where suitable treatment has been
provided in accordance with subsequent provisions of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 in the Town without
prior approval from Onondaga County Department of Health.
The owner of all houses, buildings or properties used for human
occupancy, employment, recreation or other purposes, situated within
a sewer district of the Town and abutting on any street, alley or
right-of-way in which there is located a public sanitary sewer system
of the Town, 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 chapter, within one year after the date of official notice to
do so, provided that said public sewer is within 150 feet (45.7 meters)
of the structure to be served, unless otherwise granted an exemption
by resolution of the Town Board. New houses or buildings falling within
the conditions listed in this section shall be required to connect
such facilities directly with the proper public sewer in accordance
with the provisions of this chapter prior to occupancy.
Where a public sanitary sewer is not available under the provisions of § 240-6, the building shall be connected to a private sewage disposal system complying with the requirements of the Onondaga County Department of Health, Onondaga County Department of Drainage and Sanitation and/or those of the New York State Department of Environmental Conservation.
At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in § 240-6 a direct connection shall be made to the public sewer in compliance with this chapter, and any septic tanks, cesspools and similar sewage disposal facilities shall be abandoned and filled with suitable backfill material.
No statement contained in §§ 240-7 through 240-9 shall be construed to interfere with any additional requirements that may be imposed by the authorized representatives of the Onondaga County Department of Health, Onondaga County Department of Drainage and Sanitation and/or the New York Department of Environmental Conservation.
No unauthorized 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 Plumbing Control.
All costs and expenses incident to the installation and connection
of the building sewer to the public sewer system shall be borne by
the owner. The owner shall indemnify the Town from any loss or damage
that may, directly or indirectly, be occasioned by the installation
of the building sewer.
A separate and independent building sewer shall be provided
for every building; except that, 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.
Existing building sewers may be used in connection with new
buildings only when they are found on examination and test by the
Inspector to meet all requirements of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The size, slope, alignment, materials of construction of a building
sewer and the methods to be used in excavating, placing of the pipe,
jointing, testing and backfilling the trench shall all conform to
the requirements of the Building and Plumbing Code or other applicable
rules and regulations of the Town, county and state, but in no event
shall the diameter be less than four inches, nor shall the slope of
the pipe be less than 1/4 inch per foot. Clay tile pipe shall be prohibited.
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 mechanical means at the owner's cost and
discharged to the building sewer.
No person shall make a 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.
The connection of the building sewer into the public sewer shall
conform to the requirements of the Building and Plumbing Code or other
applicable rules and regulations of the Town and the County of Onondaga,
including the details as attached hereto.[1] All such connections shall be made gastight and watertight.
Any deviation from prescribed procedures and materials must be approved
by Plumbing Control before installation.
[1]
Editor's Note: The Sewer Connection Detail is included as an attachment to this chapter.
The applicant for a building sewer shall notify Plumbing Control
when the building sewer is ready for inspection and connection to
the public sewer. The connection shall be made under the supervision
of Plumbing Control.
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 connecting a building sewer to the public sewer shall
be restored in a manner satisfactory to the Town. The Town assumes
no responsibility or liability for the construction of same.
The connection from a gas station or car wash shall provide
for a settlement pit so that sand and grit that may develop from the
washing of motor vehicles or thawing of ice and snow will not be allowed
to enter into the sewage disposal system. Discharge of said waters
into the sanitary sewer will be made only upon approval of Plumbing
Control.
A.
Building sewers shall be of an approved material as listed in Article
VI, Section 6, of the Administrative Rules and Regulations Governing
Plumbing Installations, County of Onondaga, as amended. Joints shall
be tight and waterproof.
B.
Building sewers can be laid in the same trench as a water service
pipe only if the water service is laid on a firm shelf of undisturbed
earth where the bottom of the water service is at least 18 inches
above the top of the building sewer and there is at least an eighteen-inch
horizontal separation between the water service pipe and the building
sewer. In all other cases, a ten-foot separation between the water
service pipe and building sewer trench is required.
All extensions to the sanitary sewer system owned and maintained by the Town shall be properly designed in accordance with and in strict conformance with all requirements of the Onondaga County Department of Health and the New York State Department of Environmental Conservation. Plans and specifications for sewer extensions shall be submitted to, and approval obtained from, the engineer before construction may proceed. The design of sewers must anticipate and allow for flows from all possible future extensions or developments within the immediate drainage area. Nothing herein shall supersede the requirements of Chapter 270, Subdivision of Land, and/or Chapter 320, Zoning, of the Code of the Town of Lysander.
Sewer extensions, including individual building sewers from the public sewer to the property line, may be constructed by the Town under public contract if, in the opinion of the Town Board, the number of properties to be served by such extension warrants its cost. Under this arrangement, the property owner shall pay for and install the building sewer from the property line to his residence or place of business in accordance with the requirements of §§ 240-10 through 240-21. Property owners may propose sewer extensions within the Town in accordance with the Town Law, as it may be amended. The cost of such extensions may be assessed to the benefited property owners in any manner determined by the Town Board in accordance with the Town Law.
A.
If the Town does not elect to construct a sewer extension under public contract, the property owner, builder or developer (hereinafter called the "applicant") may construct the necessary sewer extension, upon application and approval by the engineer, in accordance with the requirements of § 240-22. All expenses related to the cost of design and construction shall be borne by the applicant. Each building sewer must be installed and inspected as previously required. Design of sewers shall be as specified in § 240-25. The installation of the sewer extension is subject to inspection and approval by the engineer.
B.
The engineer's decisions shall be final in matters of quality and methods of construction. The sewer, as constructed, must pass the exfiltration test required in § 240-27 before it is to be used.
C.
The cost of the sewer extension thus made shall be absorbed by the
developers or the property owners, including all building sewers.
Sewer design shall be in accordance with the following provisions:
A.
Pipe material shall be either polyvinyl chloride (PVC) conforming
to ASTM D3034, Class SDR35, or reinforced concrete conforming to ASTM
Specification C-76. No standard-strength clay pipe or nonreinforced
concrete pipe shall be used. Minimum internal pipe diameter shall
be eight inches.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Joints for each kind of pipe shall be designed and manufactured such that O-ring gaskets of the snap-in type are employed. Gaskets shall be continuous, solid natural or synthetic rubber and shall provide a positive compression seal in the assembled joint such that the requirements of § 240-26 are met. Joint preparation and assembly shall be in accordance with the manufacturer's recommendations. Y-branch fittings shall be installed for connection to building sewers in accordance with § 240-12.
C.
Trench widths.
(1)
Trench widths as measured just above the crown of the pipe shall
not exceed the following:
Pipe Diameter
(inches)
|
Trench Width
| |
---|---|---|
8
|
3 feet 3 inches
| |
10
|
3 feet 6 inches
| |
12
|
3 feet 9 inches
| |
15
|
4 feet 0 inches
|
(2)
If the trench widths are found during field inspection to exceed
the limits in the above table, the sewer pipe shall be encased with
a minimum of six inches of concrete. The pipe shall be firmly and
evenly bedded on a minimum of six inches of No. 1A or No. 1 or No.
2 crushed stone (New York State Department of Transportation specifications).
Pipe thickness and field strength shall be calculated on the following
criteria:
D.
Manholes shall be constructed at all changes in slope or alignment
or at intervals not exceeding 400 linear feet. The manholes shall
be constructed with a poured three-thousand-pound-per-square-inch
concrete base six inches thick, steel-troweled concrete or mortar
bench walls and inverts and precast four-foot diameter concrete manhole
barrel sections with a concentric tapered top section, as specified
by ASTM C-478. The manhole frame and cover shall be the standard design
of the Town and shall be set with no less than two courses of brick
underneath to allow for later adjustment in elevation. All joints
shall be sealed against infiltration. Manholes shall be constructed
with manhole steps.
A.
In addition to the requirements of § 240-22, the applicant shall receive written permission from the Onondaga County Department of Health and the Onondaga County Department of Drainage and Sanitation prior to uncovering or tying into an existing public sewer. The applicant shall be responsible for securing any rights-of-way over private property and shall provide evidence of such prior to starting construction. Should the construction require placement of the sewer within an existing Town highway boundary, the applicant shall apply for and receive a permit from the Town Highway Superintendent.
B.
All work shall be performed under the supervision of a licensed engineer,
who shall submit certification to the Town, upon completion, that
the sewers were installed in accordance with the plans and specifications
and that the sewers have passed the required exfiltration test.
A.
All sewers shall satisfy requirements of a final exfiltration test
before they will be approved and sewage flow accepted from them by
the Town. This test consists of filling the pipe with water to provide
a head of at least five feet above the top of the pipe in the upstream
manhole or five feet above groundwater, whichever is higher, at the
highest point of the pipeline under test and then measuring the loss
of water from the line by the amount which must be added to maintain
the original level. In this test, the line must remain filled with
water for at least 24 hours prior to the taking of measurements. Exfiltration
shall be measured by the drop of the water level in a standpipe with
a closed bottom end or in one of the sewer manholes available for
convenient measuring.
B.
When a standpipe and plug arrangement is used in the upper manhole
of a line under test, there must be some positive method of releasing
entrapped air in the sewer prior to taking measurements. The test-length
intervals for either type of test shall be as ordered or approved,
but in no event shall they exceed 1,000 feet. In the case of sewers
laid on steep grades, the length of line to be tested by exfiltration
at any one time be limited by the maximum allowable internal pressure
on the pipe and joints at the lower end of the line. The test period
wherein the measurements are taken shall not be less than two hours
in either type of test.
C.
The total leakage of any section shall not exceed the rate of 100
gallons per mile of pipe per 24 hours per inch of nominal pipe diameter.
For purposes of determining the maximum allowable leakage, manholes
shall be considered as sections of forty-eight-inch diameter pipe,
five feet long. The equivalent leakage allowance shall be 4.5 gallons
per manhole per 24 hours for forty-eight-inch diameter manholes. If
leakage exceeds the specified amount, the necessary repairs or replacements
required shall be made to permanently reduce the leakage to within
the specified limit and the tests shall be repeated until the leakage
requirement is met. Low-pressure air tests may be used, upon the engineer's
approval, in lieu of exfiltration tests.
In addition to the requirements as set forth in Chapter 270, Subdivision of Land, of the Town of Lysander for the acceptance of subdivision improvements, the following conditions shall also apply for the acceptance of sanitary sewers:
A.
Upon completion of the work, the applicant shall prepare and submit
to the engineer one reproducible copy as as-built drawings showing
final rim and invert elevations, final station of all manholes, physical
ties to manholes, location and length to the property line of all
wyes and any other necessary information for the proper maintenance
and operation of the system. The Town will not accept any sanitary
sewers prior to the submission of as-built drawings.
[Amended 7-9-2012 by L.L.
No. 3-2012]
B.
The applicant shall tender to the Town Attorney the originals of
all deeds and easements, along with any necessary subordination or
other agreements so as to convey an unencumbered interest in the proposed
sewer right-of-way areas, if any, to the Town of Lysander, properly
signed and acknowledged in recordable form, and a signed real property
transfer gains tax affidavit (Form TP-584 or acceptable substitute).
The dedicator shall also provide, at the dedicator's expense, either
a policy of title insurance naming the Town of Lysander or an attorney's
certificate of title, certified to the Town of Lysander, covering
the property interests conveyed, current to the date of recording
of the deed and/or easement. The dedicator shall pay all recording
fees. The prospective dedicator shall provide a maintenance bond for
the value of the completed sewer construction in the amount fixed
by resolution of the Town Board. This bond shall be conditioned for
the faithful performance by the dedicator of any repairs needed to
correct or replace any and all damage to said sewer for a period of
one year from the date of acceptance.
No person shall discharge or cause to be discharged any unpolluted
waters, such as stormwater, groundwater, roof runoff, subsurface drainage
or cooling water, to any sanitary sewer.
Stormwater and all other unpolluted drainage shall be discharged
to such sewers as are specifically designated as storm sewers or to
a natural outlet approved by the Inspector and other regulatory agencies.
The discharge of unpolluted industrial cooling water or process waters
requires a New York State Department of Environmental Conservation
State Pollutant Discharge Elimination System permit and is subject
to federal and state regulations.
Prohibited uses and discharge limitations shall comply with
those requirements as listed in the County of Onondaga Rules and Regulations
Relating to the Use of Public Sewer System, as may be amended.
No person(s) shall maliciously, willfully or negligently break,
damage, destroy, uncover, deface or tamper with any structure, appurtenance
or equipment which is a part of the Town sewerage works. Any person
violating this section shall be subject to immediate arrest under
charge of disorderly conduct.
A.
The Inspector and other duly authorized employees of the Town, the
Onondaga County Department of Health, the Onondaga County Department
of Drainage and Sanitation or 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 chapter. The Inspector 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 a direct bearing on the kind and source of discharge
to the sewers or waterways or facilities for waste treatment.
B.
The Inspector and other duly authorized employees of the Town, bearing
proper credentials and identification, shall be permitted to enter
all private properties through which the Town holds a duly negotiated
easement for the purposes 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.
Any person found to be violating any provisions of this chapter, except §§ 240-29 through 240-31, shall be served by the Town 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 established by the notice provided in § 240-34 shall be guilty of a misdemeanor and, on conviction thereof, shall be fined in an amount not exceeding $50 for each violation. Each day in which such violation shall continue shall be deemed a separate offense.
Any person violating any of the provisions of this chapter shall
become liable to the Town for any expense, loss or damage occasioned
to the Town by reason of such violation.
A.
The source of the revenues for retiring debt services, capital expenditures,
operation and maintenance of the public sewerage works shall be a
sewer benefit charge assigned to the owners of benefited property
located within each applicable sewer district established by the Town
according to a formula as set forth by resolution of the Town Board
for each sewer district.
B.
Sewer benefit charges shall be determined by the Town Board for each
sewer district established by said Town on a year-to-year basis. The
Town Board reserves the right from time to time to change sewer benefit
charges originally or previously assigned to any property owner.