Town of Lansing, NY
Tompkins County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Lansing 1-19-2011 by L.L. No. 1-2011. Amendments noted where applicable.]
The Town of Lansing hereby adopts this chapter, to be known as the Town of Lansing "Local Law Number 1 of 2011." This chapter shall apply only within those areas of the Town of Lansing as are not located within the Village of Lansing. This chapter supersedes any prior local laws, ordinances, rules, or regulations of the Town of Lansing pertaining to the subject matter hereof, including, without limitation, Local Law Number 5 of 1985 (Town of Lansing - Sewer Rent and Charges Law).
The purpose of this chapter is to comply with New York State laws and an intermunicipal agreement entered into pursuant to the General Municipal Law of the State of New York relative to sewage transportation and treatment for properties and systems within the Town of Lansing. The specific purposes of this chapter are more particularly stated as follows:
A. 
To permit discharges into the sanitary sewers of the Town of Lansing sewer system and districts, including laterals and tributaries thereto, that transport sanitary sewage, storm sewage, or normal sewage.
B. 
To prohibit excessive volumes and/or inordinate rates of flow of sewage and wastes into Town of Lansing sewer systems.
C. 
To prohibit the contribution of sewage, industrial wastes, or other wastes of a flammable nature, or those sewage, industrial wastes, or other wastes that create, in any manner, any potential poisonous or hazardous environment for Town sewer system or sewage treatment plan employees, personnel, and similar persons.
D. 
To prohibit the contribution of sewage, industrial wastes, or other wastes that may cause maintenance difficulties in trunk sewers, force mains, pumping stations, sewage regulators, and other structures and appurtenances to the Town of Lansing sewer system and any public sewers tributary thereto.
E. 
To prohibit the contribution of sewage, industrial wastes, or other wastes which may create operating difficulties at any sewage treatment plants or water pollution control plants, as now exist or as any of the same may hereafter be constructed, modified, or improved.
F. 
To prohibit and/or regulate by permit the contribution of sewage, industrial wastes, or other wastes that require treatment at a level or cost greater than required for equal volumes of normal sewage, and to surcharge users for permitted effluent or contributions requiring treatment levels or costs beyond the treatment level or costs normally incurred for the collection, transportation, and treatment of normal sewage.
G. 
To require the treatment, before introduction into the Town of Lansing sewer system, of such wastes as may otherwise impair the strength and/or durability of the structures appurtenant to the Town of Lansing sewer system by direct or indirect chemical action, or that may otherwise interfere with the normal treatment processes.
H. 
To provide the authority and procedures for the Town of Lansing to promulgate rules; to investigate and prepare findings of facts; to collect sewer charges, rents and fees; to issue permits; to hold hearings; to make decisions, orders and opinions; and to give notice and make public all rules and decisions affecting substantial rights of persons or property.
I. 
To protect the public health and to prevent nuisances.
This chapter shall apply to all persons within or without the Town of Lansing that use or are specifically benefitted by sewer services, including any sewer system infrastructure, such as, but not limited to, mains, pumps, and lateral and service connections.
Unless the context specifically indicates, admits, or requires otherwise, the meaning of the following terms as used in this chapter shall be as hereafter so defined:
BOD (DENOTING "BIOCHEMICAL OXYGEN DEMAND")
The laboratory determination of the total quantity of oxygen utilized in the biochemical oxidation of organic matter, or in satisfying the oxygen demand of other materials present during incubation for a given time and at a specified temperature. BOD is commonly reported in milligrams per liter of oxygen used in a period of five days at 20° C.
CHLORINE DEMAND
The difference between the amount of chlorine added to water, sewage, or industrial wastes and the amount of residual chlorine remaining at the end of a fifteen-minute contact period at room temperature. Chlorine demand is commonly expressed in milligrams per liter.
COD (DENOTING "CHEMICAL OXYGEN DEMAND")
The oxygen equivalent of that portion of the organic matter in a sample that is susceptible to oxidation by a strong chemical oxidant. The determination is made by the dichromate reduction by oxidizable organic matter measured as the oxygen equivalent proportion of the dichromate consumed, commonly expressed in milligrams per liter.
CONTESTED CASE
A proceeding including, but not restricted to, rate making, surcharging, and the issuance of permits, in or by which the legal rights, duties, or privileges of a party are required by law to be determined by the Town of Lansing after an opportunity for a hearing and/or other due process rights of any such person.
CONTROL MANHOLE
An accessible manhole at the connection between an industrial building sewer and the public sewer. A control manhole shall be constructed to allow and provide for the sampling, measuring, and observation of industrial flows and industrial wastes.
COOLING WATER
The water discharged from any system of condensation, air conditioning, cooling, refrigeration or other sources. It shall contain no polluting substances which would produce: BOD or suspended solids in excess of 10 milligrams per liter; toxic substances in excess of allowed limits; any prohibited materials; or that could cause or contribute to thermal pollution of any receiving waters.
DEPARTMENT OF HEALTH
The Tompkins County Department of Health.
GARBAGE
Solid wastes from: the domestic and commercial preparation, cooking, and dispensing of any type of feed or food (e.g., whether intended for human or nonhuman consumption or use); the handling, storage, and sale of feed or produce; and/or from the packaging or canning of feed or food.
GREASE or FATS
Any material which is extractable from an acidified sample of waste by hexane or other designated solvent.
INDUSTRIAL WASTES
Any liquid, gaseous, or solid substance, or a combination thereof, resulting from any process of industry, manufacturing, trade, or business, or from the development or recovery of any natural resources.
A. 
Sewage, industrial wastes or other wastes which, when analyzed, show by weight the following characteristics:
(1) 
BOD of 2,500 pounds per million gallons (or 300 milligrams per liter) or less;
(2) 
Chlorine demand of 208 pounds per million gallons (or 25 milligrams per liter) or less;
(3) 
COD of 5,000 pounds per million gallons (or 600 milligrams per liter) or less;
(4) 
Suspended solids of 2,500 pounds per million gallons (or 300 milligrams per liter) or less; and/or
(5) 
Phosphates expressed as a concentration of phosphorus at 250 pounds per million gallons (or 30 milligrams per liter) or less.
B. 
The values for these characteristics are subject to revision by the Town of Lansing. The Town of Lansing may also add values for other characteristics if such action becomes appropriate and applicable to the treatment or transportation of sewage.
OTHER WASTES
Garbage (shredded or unshredded), refuse, wood, eggshells, coffee grounds, sawdust, shavings, bark, sand, lime, cinder, ashes and all other discarded matter not normally present in sewage or industrial wastes.
P or PHOSPHATE
The concentration of phosphate as phosphorus expressed in milligrams per liter.
PARTY
Each person or agency named or admitted as a party, or any person properly seeking and entitled as of right to be admitted as a party.
PERMIT
A license issued to allow the use of a Town of Lansing sewer system for specific wastes over a limited period of time.
PERSON
Any individual, firm, company, association, society, corporation, institution, entity, or group.
PETROLEUM HYDROCARBONS
That portion of the total extractable grease or fats, and other petrol-based hydrocarbons, that are not retained on an activated alumina absorption column after elutriating with hexane.
pH
The negative logarithm of the reciprocal of the weight of hydrogen ions measured in grams per liter of solution. This measurement indicates the intensity of acidity and alkalinity on the pH scale running from 0.0 to 14.0. A pH value of 7.0, the midpoint of the scale, represents pH neutrality. Values above 7.0 represent alkaline conditions and those below 7.0 represent acidic conditions.
PROPERLY SHREDDED GARBAGE
Garbage arising from or in relation to the preparation, cooking and dispensation 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 and/or the Town sewer system, with no particle having a dimension greater than 1/4 inch in any dimension.
PUBLIC SEWER
The sewers, manholes, intercepting sewers, sewage pumping, treatment and disposal works; any other plant, works or equipment and accessories within any municipality that discharges its sewage and liquid into a Town of Lansing sewer system; and any other plant, works, or equipment and accessories that transport, process, or handle sewage from any Town of Lansing sewer system or districts.
RECEIVING WATERS
A natural watercourse or body of water into which treated sewage is discharged.
RULE
Each statement of general applicability that implements, interprets or prescribes law, regulations, or policies, or that describe the organization, procedure, or practice requirements of the Town of Lansing in relation to public sewers. This term includes the amendment or repeal of any prior rule and the adoption of any new rules or procedures.
SANITARY SEWAGE
Sewage discharging or conveying from the sanitary conveniences of dwellings (including apartment houses and hotels, but not commercial kitchens therein), office buildings, factories, institutions, and filter backwash from swimming pools.
SANITARY SEWER
A sewer which carries sewage and into which stormwater, surface water, and groundwater are not intentionally admitted.
SCAVENGER WASTES
The matter collected from privies, septic tanks, cesspools, chemical toilets, camper and marine holding tanks, sludge from biological treatment of industrial wastes, and other domestic waste collection devices.
SEWAGE
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.
SEWAGE TREATMENT PLANT or WATER POLLUTION CONTROL PLANT
Any arrangement of devices and structures used for treating sewage and industrial wastes, the handling of sludge resulting from such treatment, and the discharge of treated effluent and/or liquids into a designated body of water or receiving waters.
SEWER
A pipe or conduit for carrying sewage.
SEWERAGE SURCHARGE
The demand payment for the use of a public sewer and/or sewage treatment plant for handling any sewage, industrial wastes or other wastes accepted for admission thereto in which the characteristics thereof exceed the maximum values of such characteristics in normal sewage.
SEWERAGE SYSTEM
All facilities and appurtenances used or intended to be utilized in or for the collection, regulation, pumping, and transportation of sewage to a sewage treatment plant.
SLUG
Any discharge of water, sewage, or industrial waste which, in the concentration of any given constituent or in the volume of flow, exceeds, for any period of duration longer than five minutes, more than five times the average twenty-four-hour concentration or flow during normal operation.
STORM SEWER or STORM DRAIN
A sewer which carries stormwater and surface waters and drainage, but which excludes sewage and industrial wastes other than cooling waters and unpolluted waters.
SUSPENDED SOLIDS
The laboratory determination of the dry weight expressed in milligrams per liter of solids that float on the surface, are in suspension in sewage, or are settleable, and can be removed from sewage by filtration under approved conditions of analysis.
TOWN SEWER SYSTEM, TOWN SEWER or TOWN OF LANSING SEWER SYSTEM
Any sewer plant, pipe, pump, equipment, or accessory or other appurtenance, and including any land (or rights therein), that are owned, operated, or managed by the Town of Lansing, including, but not limited to, trunk sewers, collection sewers, force mains, pumping stations, sewage treatment plants, and each and all other accessory and appurtenant structures or devices either owned or leased by the Town of Lansing, or otherwise utilized by the Town of Lansing, directly or indirectly, in the transportation, handling, processing, treatment, and/or discharge of sewage, industrial waste, and other waste.
TOXIC SUBSTANCES
Any substance whether gaseous, liquid, or solid that, when discharged to a public sewer in sufficient quantities, will be detrimental to the sewer system, interfere with any biological sewage treatment process, constitute a hazard to human beings or animals, may inhibit aquatic life, or create a hazard to recreation in any receiving waters.
A. 
The use of the Town sewer, and any public sewers tributary thereto or connected therewith, shall be strictly limited and restricted, except as provided in Subsection B hereof, to receive and accept the discharge of sewage, industrial wastes, and other wastes generated on, or discharged from, real property lying within the bounds of any Town of Lansing sewer district or extension as established and altered, changed, modified, reduced, enlarged, combined and/or consolidated by action of the Lansing Town Board.
B. 
The discharge of sewage, industrial wastes, and other wastes generated on or discharged from real property lying outside the bounds of any Town of Lansing sewer district or extension into a Town of Lansing sewer shall be made only with express consent of, and a contract awarded by, the Town of Lansing pursuant to the terms and conditions of a permit setting forth such terms and conditions permitting such discharge.
C. 
All requirements, directives and orders calling for the mandatory use of the Town of Lansing sewers or public sewers tributary thereto for the proper discharge of sewage, industrial wastes and other wastes shall be established by the Lansing Town Board in accordance with this chapter, as well as in accordance with the rules and regulations of the Tompkins County Department of Health, the New York State Department of Environmental Conservation, and other state or federal agencies having jurisdiction.
D. 
The Town Board of the Town of Lansing, after an examination of and an inquiry into the past and projected future annual sewer operating costs, and all matters related thereto, shall, upon an annual basis, determine and set the formula for computing sewer rent and use charges to be imposed upon users of the Town sewer system. The Town, in addition to any sewer rents chargeable pursuant to the rules, shall also charge all users a pro-rated or use-rated charge as billed to the Town of Lansing from the Village of Lansing for transportation costs and the Village of Cayuga Heights for transportation and treatment costs, mainly, but not exclusively, as such charges are regulated by and described in an intermunicipal agreement between the Town of Lansing and said Villages relating to the provision of sewer capacity and transportation and treatment services.
A. 
Exclusion of unpolluted waters. No person shall discharge or provide a connection for discharging or draining into any Town of Lansing sewer system or public sewer tributary any stormwater, surface water, groundwater, roof runoff, subsurface drainage, contaminated or noncontaminated cooling water, or any polluted or unpolluted industrial process water. Nor shall any person drain any catch basin, lake, swamp, pond, or swimming pool into the Town sewer except pursuant to a properly issued permit and in compliance with the terms and conditions of such permit.
B. 
Prohibited materials, substances and wastes. Except as hereinafter provided, no person shall discharge or cause to be discharged or allow to run, leak, or escape into any public sewer, pipe, channel, sewer appurtenance, any waterway connecting with any public sewer, or into any private sewer connected with a public sewer any of the following described materials, substances or wastes, except such small quantities as may be present in normal and typical household wastes:
(1) 
Any gasoline, benzene, naphtha, fuel oil, alcohols, petroleum distillate, oil, or other flammable or explosive liquids, solids, or gases.
(2) 
Any waters or wastes containing toxic or poisonous solids, liquids, or gases.
(3) 
Any water or wastes having a pH lower than 5.5 or higher than 10.0, or having any other corrosive property capable of causing damage structures, equipment or the sewer, or any hazard to any person employed in the operation of any sewer.
(4) 
Construction materials, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastic, wood, paunch manure, coffee grounds, fur, wax, cement, hops, spent grain, whole blood, filter media, or any other solid or viscous substance capable of causing an obstruction of or interference with the normal rate of flow in sewers, or that may other interfere with the proper operation of the sewer system.
(5) 
Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes that may: cause any risk of injury to or interference with any sewage treatment process; constitute a hazard to humans or animals; create a public nuisance; or create any hazard in any receiving waters.
C. 
Possible exclusion of certain materials and substances. No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes, each and all of which are and have been found to harm, or cause a risk of nuisance or harm to: the sewer system; the sewage treatment process; receiving waters; public health; the environment; and/or public property. The criteria used in forming the rules of the Town of Lansing expressed within this chapter include such factors as the quantities of said wastes in relation to flows and velocities of effluent in the sewers, component materials and construction methodologies utilized in the sewer system, public sewers, and the sewage treatment plant(s), the nature of the sewage treatment process, the capacity of sewage treatment facilities, and the likelihood of harm, injury, or nuisance to any person or the environment (including, but not limited to, any receiving waters). The characteristics of any effluent subject to review will be determined from sampled wastewater collected at a control manhole prior to entering the public sewers. The substances, materials or wastes prohibited in the first instance, but subject to review by the Town of Lansing, are:
(1) 
Any liquid or vapor having a temperature higher than 105° F.
(2) 
Any water or waste containing fats, wax, grease or oils, whether emulsified or not, in excess of 100 milligrams per liter, or containing substances which may solidify or become viscous at temperatures between 32° F. and 105° F.
(3) 
Any garbage that has not been properly shredded or triturated. The installation and operation of garbage grinders equipped with a motor greater than 3/4 horsepower shall be by permit issued by the Town Code Enforcement Officer.
(4) 
Any water or wastes containing strong acid metal pickling wastes or concentrated plating solutions, whether neutralized or not.
(5) 
Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable substances or toxic substances.
(6) 
Any water or wastes containing phenols or other taste-producing or odor-producing substances, in such concentrations exceeding limits which shall be established by the Town of Lansing, as necessary, after treatment of the composite sewage to meet the requirements of the state, federal or other public agencies of jurisdiction for such discharge to the receiving waters.
(7) 
Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Town of Lansing in compliance with applicable state or federal laws, rules, or regulations, or any applicable discharge permits or other permit or permitting requirements.
(8) 
Materials which contain or cause:
(a) 
Unusual concentrations of inert suspended solids, such as, but not limited to, Fuller's earth, lime slurries and lime residues, or dissolved solids, such as, but not limited to, sodium chloride and sodium sulfate.
(b) 
Excessive discoloration at the treatment plant or in the receiving waters, such as, but not limited to, dye wastes and vegetable tanning solutions.
(c) 
Unusual BOD, COD, or chlorine or chlorination requirements in such quantities as to constitute a significant additional load on the sewage treatment plant, except as provided for elsewhere in this chapter, including by a properly issued permit with compliance with any permit conditions.
(d) 
Unusual volume of flow or concentration of wastes constituting slugs.
(9) 
Waters or wastes containing substances which are not amenable to treatment or reduction in concentration by the sewage treatment plant processes employed, or are amenable to treatment only to such a degree that the sewage treatment plant effluent cannot meet the requirements of regulatory agencies having jurisdiction over discharge to the receiving waters.
D. 
Action by the Town of Lansing. The Town of Lansing, after a hearing, shall either prevent the discharge of unacceptable water and wastes or issue a permit which is properly conditioned upon findings and the standards of safety prescribed by this chapter or any rules or regulations promulgated by the Town Board or the Code Enforcement Officer as herein authorized. Such rules and regulations shall include surcharges, pretreatment requirements, implementing controls over quantities or rates of discharge, the times of discharge, and holding facilities, together with any measure or combination of measures which are or may be deemed necessary to preserve and protect the sewer system, its structures and equipment, public sewers, the sewage treatment plant(s), and the health, safety and well being of the persons and the biota of the receiving waters.
E. 
Emergency action by the Town Code Enforcement Officer. In the event of any discharge which, in the belief of the Town Code Enforcement Officer, will cause any risk of serious or imminent harm, injury, or adverse effect on the sewer system structures or equipment, or to any persons or to the biota of the receiving waters, the Town Code Enforcement Officer shall take any temporary action necessary to protect public health, safety, or welfare without a prior hearing. Review of any emergency action by a hearing will be accomplished without delay to determine what, if any, permanent restriction is necessary. The Town Code Enforcement Officer, acting upon a reasonable basis to believe that an emergency exists, shall be indemnified against any personal liability that may arise in the performance of his or her duties to protect public health, safety or welfare.
F. 
The definition, substances, compounds, and other defined limits of normal sewage may by periodically changed, updated, revised, and/or amended by the Town of Lansing. The Town of Lansing may also add values for other characteristics and compounds if such action becomes desirable or appropriate in relation to the treatment, transportation, or discharge of sewage.
A. 
Toxic substances and pathogenic bacteria. Waters bearing toxic substances above the standard set for normal sewage or containing any pathogenic bacteria shall not be discharged into the Town sewer system, or public sewers tributary thereto, and their discharge is prohibited unless the rules of the Town of Lansing determine that such concentration will not adversely affect any of the biochemical, chemical, or other sewage treatment processes or the sewage treatment plant. The following is a partial list of toxic substances and pathogenic bacteria:
(1) 
Antibiotics.
(2) 
Elemental bromine, iodine, chlorine, and fluorine.
(3) 
Creosols or creosotes.
(4) 
Phenol and phenolic compounds that convert to phenol in the sewage system.
(5) 
Sulfonamides and toxic dyes, whether organic or mineral.
(6) 
Beryllium and beryllium compounds.
(7) 
All strong oxidizing agents such as chromates, dichromates, permanganates, peroxides, etc.
(8) 
Any strong reducing agents causing hazardous conditions in the sewerage system.
(9) 
Chemical compounds producing toxic, flammable or explosive gases, either upon acidification, alkalinization, oxidation, or reduction.
(10) 
Wastes from industrial processes or hospital procedures containing viable pathogenic organisms.
B. 
Permissible concentrations of toxic substances. The concentration in sewage of any of the following toxic substances shall not exceed the concentration limits specified below when discharged into the sewer. The Town of Lansing may periodically change, update, revise, and/or amend this list and listed values if such action becomes desirable or appropriate in relation to the treatment, transportation, or discharge of sewage. The following list establishes limits for various toxic substances to regulate industrial discharges at the point of entry into the sewerage system:
Parameter Effluent Concentration Limits:
Compound/Substance
30-Day Average
(mg/l)
24-Hour Average
(mg/l)
Cadmium
0.2
0.4
Hex chromium
0.1
0.2
Total chromium
2.0
4.0
Copper
0.4
0.8
Lead
0.1
0.2
Mercury
0.1
0.2
Nickel
1.6
3.2
Zinc
0.6
1.2
Arsenic
0.1
0.2
Available chlorine
50.0
50.0
Cyanide-free
0.2
0.4
Cyanide-complex
0.8
1.6
Selenium
0.1
0.2
Sulfide
3.0
6.0
Barium
2.0
4.0
Manganese
2.0
4.0
Gold
0.1
0.2
Silver
0.1
0.2
Fluorides-fresh water
2.0
4.0
Fluorides-saline water
18.0
36.0
Phenol
0.002
0.002
Aluminum
0.5
0.5
Iron
0.1
0.1
C. 
Special concentration limits. When the findings of the Town of Lansing show that the volume of a single industrial waste discharge or any combined industrial waste discharges of a group of industries within a single contributory area is so large as to raise a question of the ultimate concentration of toxic substances entering a treatment plant; or in cases where it is known that the toxic substances in the concentrations involved will be effectively removed by the treatment works without causing deleterious effects of any kind to the treatment process or the receiving waters, the Town of Lansing may determine (but is not required to so determine) that separate or special concentration limits shall be used by the contributors in that area, or that other pretreatment requirements or sewerage surcharges shall be imposed.
D. 
Emergency action by the Town Code Enforcement Officer. In the event of any discharge which, in the belief of the Town Code Enforcement Officer, will cause any risk of serious or imminent harm, injury, or adverse effect on the sewer system structures or equipment, or to any persons or to the biota of the receiving waters, the Town Code Enforcement Officer shall take any temporary action necessary to protect public health, safety, or welfare without a prior hearing. Review of any emergency action by a hearing will be accomplished without delay to determine what, if any, permanent restriction is necessary. The Town Code Enforcement Officer, acting upon a reasonable basis to believe that an emergency exists, shall be indemnified against any personal liability that may arise in the performance of his or her duties to protect public health, safety or welfare.
A. 
Industrial wastes requiring a permit. The following are industries whose wastes shall require pretreatment and/or approval before discharge into any public sewer: bleaching and dyeing, bottling, brewing, cotton textile manufacturing or processing, dairies, dairy products, distilling, fat rendering, film processing, food processing, galvanizing, glue manufacturing, laundromats, lens grinding operations, the manufacture of syrups, jams or jellies, meat packing, metal pickling or plating, munitions manufacturing, oil refining, optical goods manufacturing, photographic processing, public laundering, pulp and paper making, rubber productions, salt works, slaughterhouses, soap making, sugar refining, tanning, wool scouring or washing, and/or any other business or industry producing wastes with strong acidic or alkaline reactions, or which will form deposits in or cause damage to the sewers or to appurtenances of sewage treatment plant. The process or processes employed in the pretreatment of such wastes shall, in each case, conform to the rules and directives of the Town of Lansing and the Federal Water Pollution Control Act, as amended, and each and all of its implementing regulations.
B. 
Radioactive wastes. Any institution or industry discharging radioactive materials (including fission or fissionable products and by-products) must be registered with the Town of Lansing as well as with other regulatory agencies as the law requires. The registration shall include all copies of state and federal permits governing waste discharge. The active elements and the local concentrations permitted to be discharged into any public sewers shall be in conformance with the State Sanitary Code, Chapter I, Part 16, §§ 16.7 and 16.8, as promulgated under the Public Health Law, and be at all times within the limits set by this and other county, state or federal agencies.
C. 
When permit shall be required. Whenever any industrial waste is produced in such quantities as will, in the opinion of the Town of Lansing, injure the public sewers into which they may be discharged, or adversely affect the treatment of sewage, or whenever any industrial waste does not yield readily to treatment by processes employed by any sewage treatment plant, such discharge will not be permitted into any public sewers without a permit.
A. 
Power to inspect. All persons using the Town of Lansing sewer system, or any tributary or connected public sewer, are and shall be deemed to have consented to such inspections as are or may be necessary for the orderly administration of this chapter and the proper and efficient provision of sewer services. Inspections will be scheduled, with or without notice, so as to accomplish examinations of the public sewers, sewers, sewerage system, the Town sewers, and discharges into any of the same, during the hours of use or operation by any person, or at periods of time or use where the characteristics of the discharge waters and wastes discharged into the sewer system can be properly or effectively measured. The power to inspect will be exercised in accordance with this chapter.
B. 
Permits when required. It shall be unlawful for any person to discharge directly or indirectly into public sewers, or into any private sewer:
(1) 
Sewage combined with industrial wastes, or industrial wastes, or other wastes, the characteristics of which, alone or in combination with each other, do not conform to the concentration limits prescribed for normal sewage under this chapter; or
(2) 
Any toxic substances or any other objectionable material or substances as specified herein; except upon such terms and conditions as set forth in any permit issued under this chapter, or any rules established hereunder, where such person permitted to so discharge complies with any stated permit conditions.
C. 
Applications for permits. All applicants for a permit to discharge sewage, whether or not combined with industrial wastes or other wastes, into public sewers shall fill out and file with the Town Code Enforcement Officer a permit application. The Code Enforcement Officer, or any other official or person so charged under the rules, shall review the application for accuracy and completeness, and, in consultation with the Town Engineer or the Director of Engineering and Planning, either issue a permit, deny such permit application, or issue a permit with conditions. All information required by the Town of Lansing shall be furnished by the applicant. The following is a partial list of information to be furnished by the applicant:
(1) 
A plot of the property showing accurately all sewers, drains and house connections.
(2) 
Plans and specifications covering any proposed changes to be performed under the permit.
(3) 
A complete schedule of all process waters and industrial wastes produced or expected to be produced at said property or premises, including a description of the character of each waste, the daily volume and maximum rates of discharge and representative analyses.
(4) 
The name and address of the person who will be responsible for the performance of the work to be covered by the permit.
(5) 
Such other information as reasonably required by the Town of Lansing.
D. 
Terms and conditions.
(1) 
The Town of Lansing may require the following terms and conditions as follows to be imposed in respect of the issuance of any permit:
(a) 
A limitation upon the volume of sewage, industrial wastes or other wastes, the rate of flow permitted, and/or the times of discharge from the premises.
(b) 
The installation and maintenance by the permittee, at his own expense, of facilities or equipment for intermittent or continuous flow, and/or for quality measurements of sewage, industrial wastes, or other wastes discharged from the premises into a public sewer.
(c) 
The installation and maintenance by the permittee, at his own expense, of detention tanks or other facilities or equipment for reducing the maximum rates of discharge of sewage to such a percentage of the twenty-four-hour rate as shall be required.
(d) 
The installation and maintenance by the permittee, at his own expense, of such preliminary treatment facilities as shall be required.
(e) 
The installation and maintenance by the permittee, at his own expense, of a suitable control sampling manhole(s) in any sewer discharging to a public sewer and carrying such sewage.
(f) 
The installation and maintenance by the permittee, at his own expense, of grease, fat, oil, and sand interceptors, separators, or traps that are necessary for the proper handling of liquid wastes containing such substances in excessive quantities; and the installation and maintenance by the permittee, at his own expense, of any devices or filters necessary to separate, trap, or process any flammable waste, toxic substances, or other harmful ingredients.
(g) 
The submission to, and approval by, the Town Code Enforcement Officer of the plans for any of the facilities or equipment required to be installed and maintained by the permittee, together with such other permit terms and conditions as may be necessary to protect the sewerage system and water pollution control plant, and to otherwise carry out the intent and provisions of this chapter and any rules promulgated hereunder.
(h) 
Such terms and conditions [as referenced in Subsection D(1)(g), above] may also provide that, subsequent to the commencement of operation of any preliminary treatment facilities, periodic reports shall be made by the permittee to the Town Code Enforcement Officer setting forth adequate data upon which the acceptability of the sewage, industrial wastes, or other wastes may be determined. The periodic frequency of these reports shall be determined by the Town Code Enforcement Officer.
(i) 
Where preliminary or flow-equalizing facilities are provided for any water or wastes, they shall be maintained continuously in satisfactory condition and in good and effective working order and operation by the permittee (or owner) at his expense.
(2) 
A violation of the permit, or any conditions stated therein, shall be cause for revocation or suspension of such permit. Unless the violation is found to constitute an emergency, no permit shall be revoked or suspended prior to a hearing and determination thereupon by the Lansing Town Board. If revoked or suspended due to an emergency, such hearing and determination shall be held as soon thereafter as is reasonably possible.
E. 
Sampling and testing wastes. Whenever sewage, industrial wastes, or other wastes are believed to have characteristics other than prescribed for sanitary sewage as defined in this chapter, or are believed to contain toxic substances or other materials or substances excluded from public sewers pursuant to this chapter, and the same are discharged into public sewers from any premises, the Town Code Enforcement Officer shall have the power to take samples and make tests necessary to determine the nature and concentration of such wastes; he shall have the further power and right to reassess his determinations or permit decisions by taking samples and tests at any time, or by periodic rechecks, without notice to the person discharging such wastes:
(1) 
Samples shall be taken and flow measurements made at any applicable control manhole(s), or upon at least a twenty-four-hour notice to any persons, within the any buildings, structures, or facilities served by the sewerage system.
(2) 
In the event that any control manhole has not been required, the samples shall be taken at a suitable and accessible point or points to be selected by the Town Code Enforcement Officer with the user's unit.
(3) 
An aliquot portion of the sample(s) taken will be made available to the person whose premises are being tested if he so requests.
F. 
Control manholes. When required by rules of the Town of Lansing, the owner of any property serviced by a building or private sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances as to facilitate observation, sampling, and measurement of the wastes. Such control manhole shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the Code Enforcement Officer, at the owner's expense. All control manholes shall be maintained by such owner or permittee as to allow safe and access and use at all times.
G. 
Measurement and analyses of wastes. All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with latest edition of Standard Methods for the Examination of Water and Waste Water published by the American Public Health Association, or pursuant to any other method certified as accurate by the Town Code Enforcement Officer. Samples shall, when practical, be taken from control manholes or other approved access points. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewerage system and water pollution control plant, as well as to determine the existence of hazards to life, limb and property. If a permit is to be issued, sampling should be performed in such a manner that the portion of the flow obtained is typical and representative of the waste discharge.
H. 
Determination of pollutant concentration.
(1) 
The pollutant concentration of any sewage, industrial waste, or other wastes shall be determined from representative samples of the effluent discharged to public sewers, taken by the Town of Lansing at sampling stations as described under Subsection D or E of this section, at any period or time and of such duration and in such manner as the Town Code Enforcement Officer may elect, or at any place or manner mutually agreed upon between the person (usually the owner, applicant, or permit holder/permittee) and the Town Code Enforcement Officer. The intent of any sampling procedure is to establish the pollutant concentration in the sewage discharged during an average or typical working day. This concentration may be derived according to the best judgment of the Town Engineer by combination of repeated sub-samplings during any one day, by combination of a series of such days, or by combination of a number of multiple samples. The analysis of samples taken shall be performed in a laboratory designated by the Town of Lansing, and the amount of any sewerage surcharge and/or the acceptability of the wastes shall be determined from said analysis.
(2) 
All charges shall be based on the analysis of the wastes from any plant or premises related to total volume of wastes as determined under Subsection H(1) of this section. The concentration of pollutants in sewage, industrial waste, or other waste, once determined as prescribed under Subsection G of this section, shall be used in calculating the sewer surcharge in accordance with the billing procedure of the Town of Lansing for the collection of charges, and shall remain in effect until the person shall prove or the Town shall determine that a change in the manufacturing process, production methods, or waste treatment or pretreatment processes of said person warrants a re-analysis of the waste pollutant concentrations of such person's discharges from such premises into the public sewer system. The new pollutant concentration analysis shall then be used in calculating any charges, sewerage surcharges, or other operating, use, or permit conditions, and shall become effective as of the date of the next subsequent billing period after such re-analysis determination is made and completed by the Town of Lansing.
(3) 
Anything to the contrary notwithstanding, the provisions and procedures as outlined in this Subsection H shall be used for user charge calculations and shall not be used for the determination of pollutant concentrations for permit compliance.
I. 
Volume determination. The Town Code Enforcement Officer may use, as the figure representing the number of cubic feet and/or gallons of sewage discharged into the sewer system:
(1) 
The amount of water supplied to the premises as shown upon the water meter if the premises are metered;
(2) 
If the premises are supplied wholly or in part with other sources, including, but not limited to, wells, rivers, or lake waters, metering devices shall be installed, at the owner's expense, for measuring the volume of water used for the purpose of computing waste discharges from these sources and for billing purposes;
(3) 
If such premises are used for an industrial or commercial purpose of such nature that the water supplied to the premises cannot be entirely discharged into the sewer system, the estimate of the amount of sewage discharged into the sewer system shall be made by the Town Code Enforcement Officer;
(4) 
The number of cubic feet of sewage discharged into the sewer system as determined by measurements and samples taken at a control manhole installed by the owner of the property served by the public sewer system, at his own expense, in accordance with the terms and conditions of the permit issued pursuant to this chapter; or
(5) 
A figure determined by the Town Code Enforcement Officer by any combination of the foregoing or by any other equitable method.
J. 
Pollutant concentrations disputed by a person. In the event that the pollutant concentration of the waste discharged from a premise to a public sewer as determined under Subsection H of this section is disputed by a person, a program of re-sampling and gauging with subsequent chemical determination may be instituted as follows:
(1) 
The person must submit a request for re-sampling and gauging of the wastes to the Town Code Enforcement Officer, and bind himself to bear all of the expenses incurred by the Town in the re-sampling and gauging and subsequent analysis of the wastes.
(2) 
A consultant or agency of recognized professional standing in the employment of the person must confer with representatives of the Town Code Enforcement Officer in order that an agreement may be reached as to the various factors which must be considered in a new sampling program.
(3) 
The consultant or agency of recognized professional standing employed by the person must be present or represented during the resampling operation.
(4) 
Re-sampling must be performed when all waste producing processes are contributing wastes of normal concentrations at their normal rate.
(5) 
The results of the re-sampling and the reanalysis in a laboratory designated by the Town of Lansing shall be considered to be the current analysis of the wastes discharged to the public sewer system, and shall be used for determining the sewerage surcharge and/or acceptability of the wastes.
A. 
The Town Code Enforcement Officer (and his duly designated representatives, together with duly authorized and identified employees of the USEPA and NYSDEC, each and all of which, for purposes of this section shall be deemed the "Code Enforcement Officer"), may enter upon private lands for the purpose of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this chapter. The Town Code Enforcement Officer shall have no authority to inquire into any processes used in any industrial operation unless such inquiry has direct bearing on the kind and source of discharge to the sewers, or the on-site facilities for waste treatment.
B. 
While performing the necessary work on private lands referred to in this section above, the Town Code Enforcement Officer shall observe all safety rules applicable to the premises as established by the owner and/or occupant of the premises, and the owner and/or occupant shall be held harmless for injury or death to Town employees and agents. The Town of Lansing shall indemnify the owner and/or occupant against loss or damage to their property by Town employees and agents, and from and against liability claims and demands for personal injuries or property damages asserted against the owner and/or occupant and growing out of the gauging and sampling operations, except as such may be caused by the negligence or failure of the owner and/or the occupant to maintain safe working conditions, including those requirements contained in this chapter, any rules promulgated hereunder, and any permit conditions.
C. 
Any refusal to permit the entry upon private land as required to perform the necessary work referred to in this section shall be punishable by such penalties as may be prescribed in this chapter.
Any persons who maliciously, willfully or recklessly break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the Town sewer system shall be in violation of this chapter and Article 145 of the Penal Law.
A. 
Except as otherwise provided in this chapter, the owner of any house, building, or property used for human occupancy, employment, recreation, commerce, manufacturing, or other purposes situate within the Town of Lansing located within any sewer district or extension shall be and hereby is hereby required, at his expense, to connect with such public sewer and, also, at his expense, to install suitable plumbing and facilities so as to connect such facilities directly with the public sewer in accordance with the provisions of this chapter.
B. 
Except as otherwise provided herein, such connection must be made within 90 days after being so notified, in writing, by the Town of Lansing to so connect. Any new building or construction completed after the date on which such public sewer becomes available for connection shall be connected to such public sewer prior to any occupancy or use of such building.
C. 
Connection prior to expiration of three years:
(1) 
Notwithstanding the foregoing provisions of this section, no house or building which is connected to a private sewage disposal system when the public sewer becomes available in or through any sewer district heretofore or hereafter established shall be required to connect with any such public sewer until the expiration of three years after such public sewer becomes available for connection, unless:
(a) 
Such connection is required prior thereto by the Tompkins County Health Department, or by another public body or agency having similar jurisdiction; or
(b) 
Such private sewage disposal facilities, in the reasonable opinion of the Code Enforcement Officer, are not functioning satisfactorily or require substantial maintenance, repair, upgrades, alterations, or additions.
(2) 
In either of the foregoing cases, a written notice shall be served upon the owner or occupant of any such building by the Tompkins County Health Department or the Town of Lansing, or its duly authorized agent, which shall set forth the reasons requiring connection to the public sewer, and such connection must be made by any such owner or occupant within 90 days after the date of any such notice.
D. 
No new house or building shall be connected to the public sewer unless a valid building permit has been issued for the construction of said house or building.
E. 
Variance or modification of requirements. Where there are unnecessary hardships in meeting the time requirements set forth in this section, the Town Board of the Town of Lansing has the power to vary or modify the application of any of such time requirements so that the intent of this chapter is observed, the public health, safety and welfare secured, and substantial justice done. Any person seeking such a variance or modification of the time requirements set forth herein may make application to the Town Board for a variance or modification of such requirement as follows:
(1) 
Such application shall be made in writing and directed to Code Enforcement Officer, who shall promptly transmit the same to the Town Board, together with his or her recommendations upon such application.
(2) 
Such application shall be accompanied by a certification, in writing, submitted by the Tompkins County Health Department or a qualified septic contractor that the existing private sewage system serving the premises for which the application is being made is operating properly and is not creating, causing, contributing to, or resulting in a health hazard of any kind.
(3) 
Such application shall set forth the specific hardships forming the basis for the request, including any economic hardships claimed by the applicant resulting from the imposition of the time requirements set forth in this section.
(4) 
Such application shall be accompanied by a nonrefundable fee in the sum of $50, or such future amount as set by resolution of the Town Board.
F. 
Upon receipt of such application, the Town Board of shall notify the applicant of the date, time and place of the Town Board meeting at which such application shall be heard. The applicant shall be entitled to appear at such date, time and place for the purposes of speaking to the Town Board in support of the application. At least 10 days before the meeting at which any such application shall be heard, the Town Board shall mail a notice thereof to the Tompkins County Health Department advising such Tompkins County Health Department of the application so made and the date, time and place at which it will be heard. The Town Board may consider any written or oral evidence submitted with respect to such application by the Tompkins County Health Department. The Town Board must decide on such application within 60 days after receipt by the Town of such application and all required accompanying documents and fees. Any extension granted by the Town Board upon such application shall be for a period not exceeding six months. In the event that the applicant desires any further variance or modification upon the expiration of any previous variance or modification granted hereunder, such applicant shall make renewed application therefor in accordance with all of the terms, provisions and requirements set forth in this section, including the required certification and fee.
Single- or two-family residence, permit not available. Notwithstanding the foregoing provisions of this chapter, and subject to the provisions hereinafter set forth, the connection of improvements consisting of a single-family residence or two-family residence to a private sewage disposal system shall be allowed where the property is in a sewer district or extension when connection of such improvements to such public sewer is not possible because a sewer permit cannot be obtained due to the unavailability of sewerage treatment capacity to the Town of Lansing. Such connection to a private sewage disposal system shall be allowed only upon the following terms and conditions:
A. 
Any and all governmental approvals and permits required for the installation of such private sewage disposal system, including, but not limited to, the approval of the Tompkins County Health Department, shall have been obtained.
B. 
The parcel upon which such private sewage disposal system is to be installed shall meet the minimum lot size requirements under applicable zoning laws or ordinances, or, if it does not meet such minimum lot size requirements:
(1) 
Such lot shall have been approved by the Town Planning Board for a private sewage disposal system as a subdivided lot and as part of an approved subdivision plat pursuant to Chapter 235, Subdivision of Land, of the Code of the Town of Lansing (and subject to all conditions attached to such Planning Board approval) and such subdivision plat is a sealed final plat; or
(2) 
The owner of such lot shall have received a duly issued variance from the Town of Lansing Zoning Board of Appeals approving such lot for a private sewage disposal system notwithstanding its deficient lot size.
C. 
The owner of such improvements shall file with the Town of Lansing a copy of the private sewage disposal system permit issued for such improvements by the Tompkins County Health Department.
D. 
Connection of improvements.
(1) 
The improvements connected to such private sewage disposal system shall be connected to any available public sewer upon the occurrence of any of the following events:
(a) 
Such connection is required by the Tompkins County Health Department or other public body or agency having proper jurisdiction.
(b) 
Such private sewage disposal system is not functioning satisfactorily or requires substantial maintenance, repair, upgrades, alterations, or additions.
(c) 
The expiration of five years from the date the permit is issued for such private sewage disposal system by the Tompkins County Health Department.
(2) 
Upon the earliest occurrence of any of the foregoing events, a written notice shall be served upon the owner or occupant of any such improvements by the Tompkins County Health Department or the Town of Lansing, or its duly authorized agent, which notice shall set forth the reasons requiring connection to the public sewer, whereupon such connection to the public sewer shall be completed by such owner or occupant within 90 days after the date of any such notice.
(3) 
If, upon the occurrence of the earlier of the foregoing events, connection of such improvements to a public sewer main is not yet possible because a permit cannot be obtained due to the continuing unavailability of sewer treatment capacity to the Town of Lansing, the improvements connected to such private sewage disposal system shall be thereafter connected to a public sewer main no later than 90 days after the owner or occupant of such improvements is advised in writing by the Town of Lansing that a permit for connection to a public sewer is available.
E. 
Connection of such improvements to a public sewer shall be completed in accordance with all other applicable provisions of this chapter, any rules promulgated hereunder, and in accord with the requirements of all other applicable governmental regulations, requirements and restrictions then governing, including, without limitation, all approval and permit requirements of the Town of Lansing.
Notwithstanding the foregoing provisions of this chapter, and subject to the provisions hereinafter set forth, the connection of improvements to any business, commercial, or industrial user shall be allowed whenever such property is located within a sewer district or extension, unless connection of such improvements to such public sewer is not possible because a permit cannot be obtained due to the unavailability of sewer treatment capacity to the Town of Lansing. In such case, a private sewage disposal system shall be allowed only upon the following terms and conditions:
A. 
Any and all governmental approvals and permits required for the installation of such private sewage disposal system, including, but not limited to, the approval of the Tompkins County Health Department, shall have been obtained.
B. 
The parcel upon which such private sewage disposal system is to be installed shall meet the minimum lot size requirements under applicable zoning laws or ordinances, or, if it does not meet such minimum lot size requirements:
(1) 
Such lot shall have been approved by the Town Planning Board for a private sewage disposal system as a subdivided lot and as part of an approved subdivision plat pursuant to Chapter 235, Subdivision of Land, of the Code of the Town of Lansing (and subject to all conditions attached to such Planning Board approval) and such subdivision plat is a sealed final plat; or
(2) 
Such land was approved for such use by the Planning Board or the Town Board pursuant to a completed site plan review, an issued special use permit, or an approved planned development area, each and all as defined in Chapter 270, Zoning, of the Code of the Town of Lansing, as now exists or as hereafter amended or re-codified.
(3) 
The owner of such lot shall have received a duly issued variance from the Town of Lansing Zoning Board of Appeals approving such lot for a private sewage disposal system notwithstanding its deficient lot size.
C. 
The owner of such improvements shall file with the Town of Lansing a copy of the private sewage disposal system permit issued for such improvements by the Tompkins County Health Department.
D. 
Connection of improvements.
(1) 
The improvements connected to such private sewage disposal system shall be connected to any available public sewer main upon the earlier of the following events to occur:
(a) 
Such connection is required by the Tompkins County Health Department or other public body or agency having proper jurisdiction.
(b) 
Such private sewage disposal system is not functioning satisfactorily or requires substantial maintenance, repair, upgrades, alterations, or additions.
(c) 
The expiration of one year from the date the permit is issued for such private sewage disposal system by the Tompkins County Health Department.
(2) 
Upon the occurrence of any of the foregoing events, a written notice shall be served upon the owner or occupant of any such improvements by the Tompkins County Health Department or the Town of Lansing, or its duly authorized agent, which notice shall set forth the reasons requiring connection to the public sewer, whereupon such connection to the public sewer shall be completed by such owner or occupant within 90 days after the date of any such notice.
(3) 
If upon the occurrence of the earlier of the foregoing events, connection of such improvements to a public sewer is not yet possible because a permit cannot be obtained due to the continuing unavailability of sewer treatment capacity to the Town of Lansing, the improvements connected to such private sewage disposal system shall be thereafter connected to a public sewer main no later than 90 days after the owner or occupant of such improvements is advised, in writing, by the Town of Lansing that a permit for connection to a public sewer main is available.
E. 
Connection of such improvements to a public sewer shall be completed in accordance with all other applicable provisions of this chapter, any rules promulgated hereunder, and in accord with the requirements of all other applicable governmental regulations, requirements and restrictions then governing, including, without limitation, all approval and permit requirements of the Town of Lansing.
F. 
In addition to the foregoing, and concurrently with the installation of a private sewage disposal system as herein authorized, the person responsible therefor shall also install any and all laterals, sewer lines, control manholes or other manholes, and/or any other facilities or equipment which may be required now or in the future for properly transporting sewage from the building(s) and improvements on the property to the public sewer. Such laterals, lines, manholes and/or any other facilities or equipment shall be installed in such fashion as to be temporarily unusable and shall remain unused until such time as connection to the public sewer required hereunder and a permit is so issued. Such laterals, lines, manholes and/or any other facilities or equipment shall be installed as to meet the then applicable permit requirements, as well as the requirements of any rules promulgated hereunder, and the requirements of any other applicable laws, ordinances, rules, regulations or governing provisions of any authority having jurisdiction (such as the NYSDEC or USEPA), and such installation shall be completed in accordance with any and all of the terms and provisions of this chapter. The future connection, when allowed, may, per any then applicable permit requirements, mandate that the owner or applicant make such improvements as are then so required before any effluent or other substances are discharged into the public sewer. Any and all required inspections by any and all governing authorities shall be made prior to, during, and following completion of the installation of such laterals, lines, manholes, and/or any other facilities or equipment, and again at such time as any effluent or other substance is to be discharged into the public sewer or any permit for use of the Town sewer system is issued.
G. 
Under no circumstances shall installation of a private sewage disposal system be commenced as authorized and provided hereunder until such time as any and all required permits have been obtained for installation of the laterals, lines, manholes and/or any other facilities or equipment which may be required in the future for properly transporting sewage from the building(s) and improvements on the property to the public sewer.
H. 
No person shall discharge or cause to be discharged or allow to run, leak, or escape into any private sewage disposal system any materials, substances, or wastes which may not otherwise be discharged into the Town sewer system under this chapter and/or any other applicable laws, ordinances, rules, regulations or governing provisions of any authority having jurisdiction.
Permit expiration. Notwithstanding any term or provision of this chapter to the contrary, the following terms and provisions of this section shall apply to and govern the issuance and use of all sewer permits issued by the Town of Lansing, including, but not limited to, all sewer permits issued prior to the date of enactment of these provisions.
A. 
In the case of any sewer permit issued by the Town of Lansing for the connection of a single- or two-family residence to the Town sewer system, the person to whom such permit has been issued, or such person's designee, is thereby required to connect such improvements to the Town of Lansing sewer system within one year following the date of such sewer permit. In the event that such connection has not been completed within one year following the date of such permit, then such permit and any and all rights and authority granted therein, upon the date one year from the date of such permit, shall automatically expire, terminate and thereupon become null and void.
B. 
In the case of any sewer permit issued by the Town of Lansing for the connection of any structure other than a single- or two-family residence to the Town sewer system, the person to whom such permit has been issued, or such person's designee, is hereby required to connect such improvements to the Town of Lansing sewer system within 18 months following the date of such sewer permit. In the event that such connection has not been completed within 18 months following the date of such permit, then such permit and any and all rights and authority granted therein, upon the date 18 months from the date of such permit, shall automatically expire, terminate and thereupon become null and void.
C. 
In the event that a sewer permit issued by the Town of Lansing is automatically terminated due to the permit holder's failure to complete connection to the Town of Lansing sewer system within the required period set forth in either Subsection A or B above, any subsequent discharge of sewage, industrial waste or other waste from the property that is the subject of such sewer permit, directly or indirectly into the Town of Lansing Public sewer system or into any private sewer, shall constitute a violation of this chapter.
D. 
As used in this section, connection to the Town of Lansing sewer system constitutes completion of a sewer pipe through a wall of a foundation that has been completed in accordance with a building permit validly issued by the Town, which sewer pipe is physically connected to the Town sewer system.
A. 
Public information. The Town of Lansing shall:
(1) 
Adopt within the rules a description of its organization, stating the general course and method or operation and designate where applications, requests, and submissions shall be made.
(2) 
Adopt rules stating the nature and requirements of all formal and informal procedures in applying for a permit, in requesting a hearing, and how to support or oppose the adoption of any rule.
(3) 
Make all rules, orders, statements of policy, or interpretations used by the Town in the discharge of its functions available for public inspection.
B. 
Procedure for adoption of rules. The Lansing Town Board, prior to the adoption, amendment, or repeal of any rule shall:
(1) 
Publish notice at least 10 days prior to the intended action. Notice shall include a statement of the terms or substance of the intended action, a description of subjects and issues involved, the time and place of the meeting or hearing whereat the same will be discussed or considered, and the manner in which interested persons may present their views.
(2) 
Afford all interested persons a reasonable opportunity to submit data, views, or arguments, orally or in writing. Reasons for adoption and refusal of proposed rules, as well as the decision of the Town Board, shall be recorded and available for public inspection. If the Town Code Enforcement Officer believes emergency action is required under this chapter, or any rules or regulations promulgated hereunder, the Town Board may waive notice and proceed without prior notice or hearing to adopt an emergency rule. The emergency rule shall be effective for a period of not longer than 120 days, unless and until it is re-adopted pursuant to the procedures outlined in Subsection B(1) and B(2) of this section.
C. 
Filing and taking effect of rules.
(1) 
The Town of Lansing shall file a certified copy of each rule with the Town of Lansing Clerk. The Clerk shall keep a permanent file which may be inspected upon request.
(2) 
The rule shall be effective 10 days after the filing, except that if the rule has been adopted under the emergency procedure outlined above, then the rule is effective upon filing.
D. 
Publication of rules. The Town of Lansing shall compile, index and keep a permanent record of all rules. This compilation shall be supplemented as often as necessary.
E. 
Petition for adoption of rules. Any interested person may petition the Town of Lansing requesting the promulgation, amendment, or repeal of any rule. Within 30 days after submission of a petition the Town Board shall either deny the petition in writing, stating its reasons, or shall initiate rule-making proceedings in accordance with Subsection B of this section.
F. 
Declaratory or interpretive opinions by the Town Code Enforcement Officer. A formal request of the Town Code Enforcement Officer for a declaratory opinion shall be acknowledged within 10 days. The Town Code Enforcement Officer may state his opinion of the petitioner's position and the policy of his office. The Lansing Town Board shall be informed of all opinions, and such opinions are not binding on the Town Board, but shall be reviewed, with notice, upon the written request of any party or the Town Board. After review, the Town Board will issue a ruling to be filed with the Town Clerk. Such ruling shall be made and filed within 30 days of the date of such review.
G. 
Contested cases; notice; hearing; records.
(1) 
In a contested case, all parties shall be afforded an opportunity for hearing after reasonable notice. The hearing shall be conducted by the Town Board, or a hearing officer appointed by the Town Board.
(2) 
The notice shall include:
(a) 
A statement of the time, place, and nature of the hearing.
(b) 
A statement of the legal authority and jurisdiction under which the hearing is to be held.
(c) 
A reference to the particular applicable sections of federal or New York State laws and regulations, the applicable sections of this chapter, and the particular rules involved.
(d) 
A short and plain statement of the matters asserted. If the agency or other party is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of issues involved. Thereafter, upon a written application by any party, a more definite and detailed statement shall be furnished.
(3) 
Opportunity shall be afforded all parties to respond and present evidence and argument on all issues involved.
(4) 
Unless precluded by law, informal dispositions may be made of any contested case by stipulation, settlement, consent, or by default.
(5) 
The record in a contested case shall include:
(a) 
All petitions, applications, determinations, interpretations, and all and intermediate rulings, interpretations, or determinations.
(b) 
All evidence received or considered. If orally submitted, a summary of such statements or a recorded version thereof shall be a part of the record.
(c) 
A statement of matters officially noticed.
(d) 
Questions and offers of proof, objections, and rulings thereupon.
(e) 
Proposed findings and exceptions.
(f) 
Any decision, opinion or report by the officer presiding at the hearing.
(g) 
All memoranda or data submitted in connection with the consideration of the case. Nothing herein shall preclude the application of FOIL exemptions and exceptions, and inter-agency materials and attorney-client privileged matters shall not be a part of the record unless such inter-agency materials are submitted in the course of the hearing or unless the attorney-client privilege of any person, party, or of the Town is expressly waived on the record in the course of such hearing.
(6) 
Oral proceedings, or any part thereof, shall be transcribed upon the advance written request of any party.
(7) 
Findings of fact shall be based exclusively on the evidence and the matters officially noticed.
H. 
Rules of evidence; official notice. In contested cases:
(1) 
Irrelevant, immaterial or unduly repetitious evidence shall be excluded. The rules of evidence as applied in non-jury civil cases in the Supreme Courts of this state shall be followed. When necessary to ascertain facts not reasonably susceptible of proof under those rules, evidence not admissible thereunder may be admitted if it is of a type commonly relied upon by reasonably prudent men in the conduct of their affairs. The Town of Lansing shall give effect to the rules of privilege recognized by law. Objections to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, when a hearing will be expedited and the interests of the parties will not be substantially prejudiced thereby, any evidence may be received in written form.
(2) 
Documentary evidence may be received in the form of copies or excerpts as long as the copy or excerpt is verified as a true and accurate copy or excerpt. Upon request, parties shall be given an opportunity to compare the copy with the original.
(3) 
A party may conduct cross-examinations required for a full and fair disclosure of the facts.
(4) 
Notice may be taken of judicially cognizable facts. In addition, notice may be taken of generally recognized technical or scientific facts within the Town of Lansing's special knowledge. Parties shall be notified either before or during the hearing, or by reference in preliminary reports or otherwise, of the material noticed, including any staff memoranda or data, and they shall be afforded an opportunity to contest the material noticed.
I. 
Decisions and orders. A final decision or order shall be made by the majority of the Town Board, or where a hearing examiner is appointed, by such examiner. Determinations in a contested case shall be in writing or stated upon the record. A final decision shall include statements as to any findings of fact and conclusions of law. Parties shall be notified either personally or by mail of any decision or order.
J. 
Permits.
(1) 
When the grant, denial, or renewal of a permit is required to be preceded by notice and opportunity for hearing, the provisions of this chapter concerning contested cases shall apply.
(2) 
When a permittee has made timely and sufficient application for the renewal of a permit with reference to any activity of a continuing nature, the existing permit does not expire until the application has been finally determined. In the event the application is denied, any permit is revoked or suspended, or the terms of any new or renewal permit are limited or amended, the aggrieved party may seek a review of such determination, order, or the terms of any permit pursuant to Article 78 of the CPLR.
(3) 
No revocation, suspension, annulment, or withdrawal of any permit is lawful unless, prior to the institution of any proceedings, the Town of Lansing gave notice by mail to the permittee of facts or conduct which warrant the intended action, and the permittee was given an opportunity to show compliance with all lawful requirements for the retention of the permit. If the Town Code Enforcement Officer finds that public health, safety or welfare imperatively requires emergency action and incorporates a finding to that effect in any order, summary suspension of a permit may be ordered pending proceedings for revocation or other action. These proceedings shall be promptly instituted and determined.
K. 
Review of contested cases.
(1) 
A party who has exhausted all administrative remedies available within the Town of Lansing and who is aggrieved by a final decision in a contested case is entitled to seek judicial review.
(2) 
Review of decisions are instituted by filing a petition in the Supreme Court of the State of New York, in Tompkins County, within 30 days after the final decision of the Lansing Town Board or, if a rehearing is requested, within 30 days after the decision or order thereupon.
(3) 
The filing of the petition does not itself stay enforcement of the any decision or order, though a stay may be granted upon appropriate terms by the Town of Lansing Town Board or by any reviewing court.
(4) 
Within 30 days after the service of the petition, or within such further time as allowed by the Supreme Court, the Town of Lansing shall transmit to the records of the proceeding or determination then under review.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
All provisions of New York State law generally applicable to misdemeanors shall apply to any criminal proceeding brought under this chapter, and any misdemeanor shall be deemed an unclassified misdemeanor. For purposes of this chapter the Town's justice court is hereby vested and imbued with jurisdiction to issue administrative and other warrants in compliance with the New York Criminal Procedure Law and administrative codes of the State of New York, as well as to hear and adjudicate allegations relating to the criminal or civil violation of this chapter and thereafter, if appropriate, impose any fine, penalty, or sanction.
B. 
First violation. Any person or entity that violates any of the provisions of this chapter shall be guilty of a violation and subject to a criminal fine of not more than $1,000, or subject to a civil penalty of not more than $2,500 to be recovered by the Town in a civil action.
C. 
Second violation. Any violation that is found to have occurred within two years of any prior civil or criminal determination of any other violation of this chapter shall be deemed a second violation. Any person or entity that commits any second violation shall be:
(1) 
Guilty of an unclassified misdemeanor and subject to a fine not less than $1,000 nor more than $2,500 and a period of incarceration not to exceed 120 days;
(2) 
Subject to a civil penalty of not less than $2,500 nor more than $5,000 to be recovered by the Town in a civil action.
D. 
Any unpaid fine or penalty shall become part of the Town charges and shall be collected as a charge in accordance with the New York State Town Law and Real Property Tax Law, as applicable.
E. 
In addition to any other remedy, a violation of, or noncompliance with, this chapter may result in the termination, modification, or revocation of any permits or approvals as issued.
F. 
The application or pursuit of any civil or criminal fine, sanction, or penalty shall not preclude the pursuit of any other lawful remedy by the Town, including, but not limited to, the right to seek equitable relief.
(1) 
Whenever the Town shall believe from evidence satisfactory to it that there is a violation of this chapter, the Town may bring an action to enjoin and restrain the continuation of such violation and in any such action:
(a) 
Preliminary relief may be granted under Article 63 of the Civil Practice Law and Rules; and
(b) 
The Town shall not be required to post any bond or undertaking; and
(c) 
The Town need not prove that:
[1] 
There is or will likely be irreparable harm; or
[2] 
That the Town has no adequate remedy at law.
(2) 
In such action, the court may also award any damages or other relief requested, including declaring the rights and interests of any parties and imposing any civil penalties. The remedies provided by this chapter shall not be in lieu of, and shall be in addition to, any other right or remedy available to the Town, whether sounding in enforcement or otherwise.
G. 
Compliance order. The Code Enforcement Officer is also authorized to order, in writing, the remedying of any condition or activity found to be in violation of this chapter and its rules, and such order shall be referred to as a compliance order.
(1) 
Such compliance order shall:
(a) 
Be in writing;
(b) 
Be dated and signed by the Code Enforcement Officer;
(c) 
Specify the condition or activity that violates this chapter or the rules;
(d) 
Specify the provision or provisions so violated;
(e) 
Specify the period of time which the Code Enforcement Officer deems to be reasonably necessary for achieving compliance;
(f) 
Direct that compliance be achieved within the specified period of time; and
(g) 
State that an action or proceeding to compel compliance may be instituted if compliance is not achieved within the specified period of time, or that a civil penalty may be so imposed.
(2) 
The Code Enforcement Officer shall cause the compliance order, or a copy thereof, to be served on the owner of the affected property, the permittee, any tenant or user of affected property (if known), and any other responsible person, personally or by registered mail. The Code Enforcement Officer shall be permitted, but not required, to cause the compliance order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work being performed at the affected property personally or by registered mail. Any failure to serve any interested person shall not affect the efficacy of the compliance order.
H. 
In connection with any violation or compliance orders concerning industrial waste discharges that fail or consistently fail to meet and achieve county, state, or federal pollution standards, the Town shall issue a report concerning such noncompliance or violation to appropriate county, state and federal agencies. The Code Enforcement Officer shall assist appropriate county, state and federal agencies, as necessary, in their review of, or action upon, any such reports, and any fine or penalty levied against the Town or any of its wastewater, sewer, or like districts, shall be the responsibility of the person or entity violating such standards or the requirements of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The term "shall" is mandatory, and the term "may" is permissive. Any word that is gender-referenced shall be construed to include all genders and the neuter. Words shall have the meanings ascribed to them whenever the meaning or context thereof so admits or requires. Defined words and phrases that are not capitalized shall be presumed to be capitalized and deemed defined words and phrases, unless the context thereof admits or requires otherwise.
The Town of Lansing, and its officers and agents, shall not be liable or responsible for any injuries to persons or damages to property due to the Town's actions, or failures to act, under or pursuant to this chapter or the rules, unless it is proven to a reasonable degree of certainty that such injury or damage was solely caused by a willful or intentional act of the Town or its officers and agents. This provision shall be construed and applied to the maximum extent permitted by law, and does not create any theory or claim of liability where none exists at law or in equity.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any application, permit, review, or other fees referenced in this chapter may be determined, amended, and periodically updated by the Town Board by resolution. In addition, fee schedules may be developed and approved by resolution to reimburse the Town for the reasonable and anticipated costs incurred in any review, including for public hearings, publication, mailings, title reviews, inspections, dedications, SEQRA reviews, stormwater reviews, legal and engineering (and other professional) consulting, and other incurred expenses of the Town. All such fees and fee schedules shall be reasonable and properly chargeable to the applicant or other person required to pay the same, and all such fees and fee schedules shall be periodically reviewed by the Town Board to ensure reasonableness and legality.