[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:
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.
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.
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.
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.
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.
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.
The Tompkins County Department of Health.
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.
Any material which is extractable from an acidified sample
of waste by hexane or other designated solvent.
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.
Sewage, industrial wastes or other wastes which, when analyzed,
show by weight the following characteristics:
BOD of 2,500 pounds per million gallons (or 300 milligrams per
liter) or less;
Chlorine demand of 208 pounds per million gallons (or 25 milligrams
per liter) or less;
COD of 5,000 pounds per million gallons (or 600 milligrams per
liter) or less;
Suspended solids of 2,500 pounds per million gallons (or 300
milligrams per liter) or less; and/or
Phosphates expressed as a concentration of phosphorus at 250
pounds per million gallons (or 30 milligrams per liter) or less.
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.
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.
The concentration of phosphate as phosphorus expressed in
milligrams per liter.
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.
A license issued to allow the use of a Town of Lansing sewer
system for specific wastes over a limited period of time.
Any individual, firm, company, association, society, corporation,
institution, entity, or group.
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.
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.
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.
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.
A natural watercourse or body of water into which treated
sewage is discharged.
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.
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.
A sewer which carries sewage and into which stormwater, surface
water, and groundwater are not intentionally admitted.
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.
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.
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.
A pipe or conduit for carrying sewage.
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.
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.
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.
A sewer which carries stormwater and surface waters and drainage,
but which excludes sewage and industrial wastes other than cooling
waters and unpolluted waters.
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.
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.
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.
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:
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:
(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.
