The Binghamton-Johnson City Joint Sewage Board (Board), having an approved flow management plan, as required under a series of administrative consent orders by the New York State Department of Environmental Conservation (NYS-DEC) to manage and provide for treatment of wastewater flows, is the local authority for the requirements of and implementation of the new or modified sewer connection application program.
A. 
The purpose of this article is to control sewer flow to the Binghamton-Johnson City Joint Sewage Treatment Plant ("treatment plant"), and maintain compliance with the City of Binghamton's and the Village of Johnson City's combined sewer overflows long-term control plan, as required by the United States Environmental Protection Agency (US-EPA).
B. 
The new or modified sewer connection application program will promote a unified, consistent and coordinated process for evaluating the effects of new or modified sewer connections and assuring that new or modified sewer connections do not result in exceeding the capacity of the sewage collection system.
The effective date of this new or modified sewer connection application program regulation is January 1, 2013, except that the requirement stated in the first paragraph of § 174-5A shall be satisfied by each municipal user not later than November 1, 2012.
These terms and their definitions whenever used in this regulation shall apply to only this regulation, unless otherwise expressly stated or required by subject matter of context:
AFFECTED OWNER
The owner whose sewage collection system will transport or convey the wastewater from the new or modified sewer connection.
APPLICANT
An entity that requests approval for a new or modified sewer connection and/or sewer extension.
AREA TRIBUTARY TO
Refers to a series of pumping stations, force mains and gravity sewers owned by various municipalities that together convey wastewater to a specific location, such as the treatment plant or a combined sewer overflow, in the sewage collection system.
AVAILABLE SEWER CAPACITY
The difference between a sewer pipe's theoretical full pipe capacity calculated using Manning's Equation, and the average wastewater flow in the pipe based on the 2006, 2008 and 2010 flow metering data plus the estimated peak sewage flow rate increase from the new or modified sewer connection. The 2006 and 2008 flow metering data was presented in the September 2009 Flow Management Evaluation Report - Appendix C (approved by NYS-DEC in October 2009), and the 2010 flow metering data was presented in the April 2011 Flow Management Process, Collection System Mapping Enhancement and Modeling Study - Section 7 (approved by NYS-DEC in March 2011).
BOARD or JOINT SEWAGE BOARD
The Binghamton-Johnson City Joint Sewage Board, established under the contract between the City of Binghamton and the Village of Johnson City for the operation of the joint wastewater treatment facility. The term includes any duly authorized designee, agent, or representative of the Board.
EFFECTIVE DATE
The date upon which an act of legal significance, such as an agreement or a contract, is considered to take effect and which may be different from the date upon which the event described therein actually occurs or is recorded.
FLOW CREDIT NOTE
An agreement between the Board and the applicant that flow credits shall be made available to the applicant, developer, or a municipal user under specific terms.
FLOW MANAGEMENT PLAN
Is specific to the Third Modification Consent Order (Case No. R7-0580-90-12) between the New York State Department of Environmental Conservation (NYS-DEC) and respondents City of Binghamton, Village of Johnson City, and the Binghamton-Johnson City Joint Sewage Board, and refers to the written document approved by the NYS-DEC February 29, 2012. The flow management plan describes a programmatic approach to convey, receive, and treat the wastewater and ensure current and future flows receive adequate treatment.
HYDRAULIC AND POLLUTANT LOADING CAPACITY ANALYSIS
Refers to comparing the average wastewater flow rate and pollutant design values of each unit process at the treatment plant to the average wastewater flow rate and pollutant load plus the estimated peak sewage flow rate and pollutant load from the new or modified sewer connection.
I/I OFFSET FLOW CREDITS
Gallons per day of flow capacity available for proposed new or modified sewer connections that are generated through I/I remediation projects.
I/I REMEDIATION PROJECT
Is an improvement, public work, or repair that reduces infiltration and inflow into the sewage collection system.
INFILTRATION
Wastewater, other than sewage, that enters a sewage collection system, (including sewer service connections) from the ground through such means as defective pipes, pipe joints, connections, or manholes. Infiltration does not include, and is distinguished from, inflow.
INFILTRATION/INFLOW or I/I
The total quantity of water from both infiltration and inflow, without distinguishing the source.
INFLOW
Water, other than sewage, that enters a sewage collection system, (including sewer service connections) from sources such as: roof leaders; cellar drains; sump pumps; missing or defective cleanout caps; swimming pools; yard drains: area drains; foundation drains; drains from springs and swampy areas; manhole covers; cross connections between stormwater sewers and sanitary sewers; catch basins; cooling towers; stormwaters; surface runoff; street wash waters: or drainage. Inflow does not include, and is distinguished from, infiltration.
INTERMEDIATE MUNICIPAL USER
The municipal user whose sewage collection system will transport or convey the new or modified sewage flow from the principal municipal user's sewage collection system to the affected owner's sewage collection system.
MUNICIPAL USER
A municipality or government entity which owns, or has jurisdiction over, any public sewer which conveys wastewater to the treatment plant.
NEW OR MODIFIED SEWER CONNECTION
The construction of a new sewer connection to a sewer pipe owned by an owner or municipal user tributary to the treatment plant, or the modification of an existing sewer connection to a sewer pipe owned by a municipal user tributary to the treatment plant.
NEW OR MODIFIED CONNECTION APPLICATION PROGRAM
Refers to the Board's application program established pursuant to this article (or, alternatively, these rules and regulations) that will promote a unified, consistent and coordinated process for evaluating the effects of new or modified sewer connections and assuring that new or modified sewer connections do not result in exceeding the capacity of the sewage collection system.
PRINCIPAL MUNICIPAL USER
The municipal user to whose sewage collection system the new or modified sewer connection is being made.
PRIVATE SEWER
A sewer not owned or controlled by a municipal user, not including lateral sewers.
PUBLICLY OWNED TREATMENT WORKS or POTW
A treatment works as defined by Section 212 of the Federal Clean Water Act (33 U.S.C. § 1292). This definition includes any directly or indirectly connected sewers and appurtenances that convey wastewater to the wastewater treatment plant, but does not include pipes, sewer laterals or other conveyances serving not more than a single home development not connected directly to the POTW.
SEWAGE
The water-carried domestic human or animal waste from residences, industrial and commercial establishments, together with industrial and commercial waste. Neither infiltration nor inflow are components of sewage.
SEWAGE COLLECTION SYSTEM
All facilities for collecting, regulating, pumping, and transporting sewage and may include a sanitary sewer system or, where permitted by the NYSDEC, a combined sewer system.
SEWER CONNECTION APPLICATION
Refers to the form in which the applicant provides information about the new or modified sewer connection and requests permission to make such connection.
SEWER EXTENSION
Any and all sanitary sewer facilities, including sewer pipe and manholes, and any fittings and connections related thereto which are to become part of the POTW and which are anticipated to increase flows in the sewer system by more than 2,500 gallons per day. It shall also include, where applicable, all pumping stations, force mains, and associated facilities.
SEWER EXTENSION ENGINEERING REPORT
Refer to the document that accompanies a sewer connection application in which the applicant provides information about the new or modified sewer connection and the affected sewage collection system.
SEWER SYSTEM CAPACITY ANALYSIS
Refers to comparing the difference between a sewer pipe's theoretical full pipe capacity calculated using Manning's Equation and the average wastewater flow in the pipe based on the 2008 flow metering data as presented in the September 2009 Flow Management Evaluation Report - Appendix C (approved by NYS-DEC in October 2009) plus the estimated peak sewage flow rate increase from the new or modified sewer connection.
TREATMENT PLANT
The Binghamton-Johnson City Joint Sewage Treatment Plant.
WASTEWATER
Is the composite of all flow constituents conveyed in a sewer including sewage and infiltration and inflow.
A. 
Sewer connection application.
(1) 
In accordance with these provisions, a sewer connection application is required to be completed by an applicant and approved by the Town before a sewer connection can be made. A sample sewer connection application can be obtained from the Town Hall.
(2) 
The sewer connection application shall include at a minimum a parcel ID number (i.e., Tax Map number), estimated date for completion of the new or modification development construction, and an estimate of the pre-construction/modification sewage flow rate and post-construction/modification sewage flow rate.
(3) 
If a sewer connection or modification results in new sewage flows of more than 2,500 gallons per day, then said connection is defined as sewer extension and the application requires approval from the affected owner, Board and possibly an intermediate municipal user [refer to § 174-5E, New or modified sewer connection (greater than 2,500 gallons per day)].
(4) 
Other applications or documents or fees may apply to developing a property and supplying the properly with utilities with respect to applicable local, county or state laws.
(5) 
This article pertains only to a sewer connection in the area tributary to the treatment plant and the required sewer connection application.
B. 
Sewer connection engineering report.
(1) 
If the sewer connection application is for an increase in sewage flow rate to the treatment plant of more than 2,500 gallons per day, then the application must be accompanied by a sewer extension engineering report. The sewer extension engineering report shall include:
(a) 
Development location and description.
(b) 
Existing site description, including existing sewage flow to the POTW, if any.
(c) 
Description of proposed new or modified private sewer.
(d) 
If applicable, proposed new or modified POTW (sewers or treatment plant), alternatives, financing and permits.
(e) 
Anticipated sewage volume/flow in gallons per day (to be used for a computation of the minimum-required I/I offset flow credits under this program) and pollutant load generation to POTW.
(f) 
Existing sewer system capacity analysis.
(g) 
Listing of all applicable permits.
(h) 
Plan and program for construction supervision and sewer testing.
(2) 
The sewer extension engineering report shall be prepared and certified by a New York State licensed professional engineer. The sewer extension engineering report shall include a sewer system capacity analysis of the Town's sewage collection system from the point of the new or modified sewer connection to the affected owner's sewage collection system. The sewer connection engineering report must certify that there is available sewer capacity or make provisions for providing available sewer capacity before submitting the sewer connection application and report for approval.
C. 
New or modified sewer connection sewage flow rates. Determining the sewage flow rates of new or modified sewer connections to the POTW shall follow the guidelines shown on Table 12.05.03-1.[1] Residential, commercial, restaurants, industrial, and other flows are based on the "Design Standards for Wastewater Treatment Works," 1988 edition as published by NYSDEC or future revisions or republications of the same (such revisions or republications shall only be applicable prospectively, however, beginning with respect to applications submitted on or after the first day of the month which is at least 90 days following the public release of the final version of the revision or republication). For industrial and other facilities not listed in Table 12.05.03-1, the sewage flow rates will be determined at the time of application by the applicant based on similar type and size of business. Sewage flow rates shall be computed by a New York State licensed professional engineer and are subject to approval by the Board.
[1]
Editor's Note: A copy of said table is on file in the Town offices.
D. 
New or modified sewer connection (less than or equal to 2,500 gallons per day).
(1) 
Applicant shall submit a sewer connection application to:
(a) 
Town of Binghamton.
(b) 
Affected owner.
(c) 
Board.
(d) 
Other governing agencies (if applicable).
(2) 
Other applications or documents or fees may apply to developing a property and supplying the property with utilities. This article pertains only to a sewer connection in the area tributary to the treatment plant and the required sewer connection application.
(3) 
Upon approval of the sewer connection application by the Town and other governing agencies (if applicable), the applicant can proceed with the new or modified sewer connection.
E. 
New or modified sewer connection (greater than 2,500 gallons per day).
(1) 
The applicant shall submit a sewer connection application and sewer connection engineering report to:
(a) 
Town of Binghamton.
(b) 
Affected owner.
(c) 
Board.
(d) 
Other governing agencies (if applicable).
(2) 
The Town of Binghamton can be an owner or an outside user to whose sewage collection system the new or modified sewer connection is being made. The principal municipal user is obligated to disapprove a new or modified sewer connection if such action is required for reasons set forth in the local ordinances or if the flows associated with the new or modified sewer connection will exceed the capacity of the principal municipal user's sewage collection system.
(3) 
Upon approval of the sewer connection application and sewer connection engineering report by the Town of Binghamton and (if applicable) the intermediate municipal user, the applicant shall submit the application and report to the affected owner and Board.
(4) 
The affected owner shall perform a sewer capacity analysis from the point of the outside user's connection to the treatment plant.
(5) 
The affected owner shall approve or approve-with-conditions the application based on the sewer capacity analysis limited to conditions required to protect the collection system. Certification of available sewer capacity or provisions for providing available sewer capacity shall be part of the affected owner's approval.
(6) 
The affected owner shall send the "approved" or "approved-with-conditions" sewer connection application to the applicant, municipal user(s) and Board within 45 days of receiving the sewer connection application and sewer connection engineering report.
(7) 
The Board may begin the capacity analysis immediately upon receiving the sewer connection application and sewer connection engineering report from the applicant or wait until receipt of the "approval" notice from the affected owner.
(8) 
The Board shall perform hydraulic and pollutant loading capacity analysis at the treatment plant.
(9) 
The Board shall approve or approve with conditions the application based on the hydraulic and pollutant loading capacity analysis limited to conditions required to protect the collection system, TPS and plant. Certification of available sewer capacity or provisions for providing available sewer capacity shall be part of the Board's approval.
(10) 
The Board shall send the "approved" or "approved-with-conditions" sewer connection application to the applicant, municipal user(s) and affected owner within 45 days of receiving the "approved" sewer connection application from the affected owner, with the Board's approval being contingent upon issuance of a flow credit note (refer to I/I Offset Program).[2]
[2]
Editor's Note: A copy of said table is on file in the Town offices.
(11) 
Other applications or documents or fees may apply to developing a property and supplying the property with utilities. This article pertains only to a sewer connection in the area tributary to the treatment plant and the required sewer connection application and sewer connection engineering report.
(12) 
Developer can begin new/modified sewer connection work upon receiving the "approved" sewer connection application from:
(a) 
The principal municipal user;
(b) 
The intermediate municipal user;
(c) 
The affected owner;
(d) 
The Board;
(e) 
Other governing agencies (if applicable); and
(f) 
Upon receiving the flow credit note (refer to Article II, Infiltration/inflow Offset Program).
The provisions of Article IV of the Joint Sewage Treatment Plant Law and Article 3 of the Joint Sewage Treatment Plant Law Rules and Regulations shall govern all matters involving proceeding pursuant to this article.