[HISTORY: Adopted by the Town Board of the Town of Somers 2-8-2018 by L.L. No. 2-2018. Amendments noted where applicable.]
Unless the context specifically indicates otherwise, the meaning of the terms used in this chapter shall be as follows:
- BIOCHEMICAL OXYGEN DEMAND (BOD)
- The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20° C., expressed in milligrams per liter.
- BUILDING DRAIN
- That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the buildings and conveys it to the building sewer, beginning five feet (1.5 meters) outside the inner face of the building wall.
- BUILDING SEWER
- The extension from the building drain to the public sewer or other place of disposal; also called "house connection."
- COMBINED SEWER
- A sewer intended to receive both wastewater and stormwater or surface water.
- An acquired legal right for the specific use of land owned by others.
- FLOATABLE OIL
- Oil, fat or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. A wastewater shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system.
- The animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods.
- INDUSTRIAL WASTES
- The wastewater from industrial processes, trade or business as distinct from domestic or sanitary wastes.
- NATURAL OUTLET
- Any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body of surface water or groundwater.
- Any individual, firm, company, association, society, corporation or group.
- The logarithm of the reciprocal of the hydrogen ion concentration. The concentration is the weight of hydrogen ions, in grams, per liter of solution. Neutral water, for example, has a pH value of 7 and a hydrogen-ion concentration of 10-7.
- PROPERLY SHREDDED GARBAGE
- The wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch (1.27 centimeters) in any dimension.
- PUBLIC SEWER
- A common sewer controlled by a governmental agency or public utility.
- SANITARY SEWAGE
- Sewage discharge from the sanitary facilities and conveniences of dwellings, including apartment houses, hotels, office buildings, factories or institutions and free from stormwater, surface water, industrial waste and other waste.
- SANITARY SEWER
- A sewer that carries liquid- and water-carried wastes from residences, commercial buildings, industrial plants and institutions together with minor quantities of groundwater, stormwater and surface waters that are not admitted intentionally.
- 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 mixture of sewage, as defined above, with industrial wastes or other wastes, shall also be considered "sewage" within the meaning of this definition.
- A pipe or conduit that carries wastewater or drainage water.
- STORM DRAIN (sometimes termed "storm sewer")
- A drain or sewer for conveying water, groundwater, subsurface water or unpolluted water from any source.
- SUSPENDED SOLIDS
- Total suspended matter that either floats on the surface of or is in suspension in waste, wastewater or other liquids and that is removable by laboratory filtering as prescribed in Standard Methods for the Examination of Water and Wastewaters and referred to as "nonfilterable residue."
- TOWN ENGINEER
- The Town Engineer of the Town of Somers, or his authorized representative or agent.
- TOWN SANITARY SEWER FACILITIES
- All sewers, pipes facilities, force mains, pumping stations, regulators, works and appurtenances owned, operated or controlled by the Town sewer district.
- TOWN SEWER
- A sewer owned, operated or controlled by a Town sewer district.
- TOWN SEWER DISTRICT
- Somers Sewer District No. 1.
- UNPOLLUTED WATER
- Water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided.
- (2) Section 307 of the Clean Water Act.
- (a) The Administrator shall, within 90 days after the date of enactment of this title, publish (and from time to time thereafter revise) a list which includes any toxic pollutant or combination of such pollution for which an effluent standard (which may include a prohibition of the discharge of such pollutants or combination of such pollutants) will be established under this section. The Administrator in publishing such list shall take into account the toxicity of the pollutant, its persistence, degradability, the unusual or potential presence of the affected organisms in any waters, the importance of the affected organisms and the nature and extent of the affect of the toxic pollutant on such organisms.
- (b) If within 180 days after the date of publication of any list or revision thereof containing toxic pollutants or combination of pollutants under Subsection (2)(a) of this definition, the Administrator, in accordance with § 553 of Title 5 of the United States Code, shall publish a proposed effluent standard (or a prohibition) for such pollutant or combination of pollutants which shall take into account the toxicity of the pollutant, its persistence, degradability, the usual or potential presence of the affected organisms in any waters, the importance of the affected organisms and the nature and extent of the effect of the toxic pollutant on such organisms, and he shall publish a notice for a public hearing on such proposed standard to be held within 30 days. As soon as possible after such hearing, but not later than six months after publication of the proposed effluent standard (or prohibition), unless the Administrator finds, on the record, that a modification of such proposed standard (or prohibition) is justified based upon a preponderance of evidence adduced at such hearings, such standard (or prohibition) shall be promulgated.
- (c) If after a public hearing the Administrator finds that a modification of such proposed standard (or prohibition) is justified, a revised effluent standard (or prohibition) for such pollutant or combination of pollutants shall be promulgated immediately. Such standard (or prohibition) shall be reviewed and, if appropriate, revised at least every three years.
- (d) If after a public hearing the Administrator finds that a modification of such proposed standard (or prohibition) is justified, a revised effluent standard (or prohibition) for such pollutant or combination of pollutants shall be promulgated immediately. Such standard (or prohibition) shall be reviewed and, if appropriate, revised at least every three years.
- Same as sewage.
- WASTEWATER FACILITIES
- The structures, equipment and processes required to collect, carry away and treat domestic and industrial wastes and dispose of the effluent.
- WASTEWATER TREATMENT WORKS
- An arrangement of devices and structures for treating wastewater, industrial wastes and sludge. Sometimes used as synonymous with "waste treatment plant" or "wastewater treatment plant" or "water pollution control plant."
- A natural or artificial channel for the passage of water either continuously or intermittently.
"Shall" is mandatory; "may" is permissive. In every case where this chapter states that someone or something shall not be done or occur, "shall not" shall be construed to mean that someone must not do it or that it must not occur and that someone will not permit it to occur or that it must not be permitted to occur.
The following regulations shall apply to the connection of a building sewer to a Town sewer or Town sewer facilities in a Town sewer district.
No unauthorized person(s) shall uncover, make any connections with or opening into, use, alter or disturb a Town sanitary sewer facility of a Town sewer district without first obtaining a written permit from the Town Engineer.
Before any work is commenced, the owner(s) shall make an application for a connection permit which shall be filed with the Town Engineer on a form provided by him for that purpose accompanied by an application fee, such as has been established by resolution of the Town Board or any amendments thereto, and a connection permit issued by the Town Engineer shall be obtained therefore.
All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner(s). The owner(s) shall indemnify the Town from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer, its connection to a Town sewer or any discharge made into Town sanitary sewer facilities.
Each building, other than accessory buildings incidental to the principal building or structure, on each parcel of property shall have a separate connection with the Town sewer, except that in the case of real estate developments containing one or more private streets supplied with lateral sewers privately constructed, each building other than accessory buildings incidental to the principal building or structure on each parcel of property shall have a separate connection either with such lateral sewer or with the town sewer. Any such lateral sewer privately constructed shall be constructed in accordance with the standards contained herein and shall be properly maintained at all times.
Old building sewers may be used in connection with new buildings when said new buildings replace old buildings only when they are found, on examination and tested by the Town Engineer, to meet all requirements of this chapter.
The size, slope, alignment, materials of construction of a building sewer and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, shall all conform to the requirements of the Building and Plumbing Code or other applicable rules and regulations of the Town. In the absence of Code provisions or in application thereof, the materials and procedures set forth in appropriate specifications of the ASTM and WPCF Manual of Practice No. 9 shall apply.
Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the Town sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.
No person(s) shall make connection of roof downspouts, foundation drains, areaway drains or other sources of surface runoff or groundwater to a building sewer or building drain which, in turn, is connected directly or indirectly to a Town sewer or Town sanitary sewer facilities.
The connection of the building sewer into the public sewer shall conform to the requirements of the Building and Plumbing Code or other applicable rules and regulations of the Town or the procedures set forth in appropriate specifications of the ASTM and the WPCF Manual of Practice No. 9. All such connections shall be made gastight and watertight and verified by proper testing. Any deviation from the prescribed procedures and materials must be approved by the Town Engineer prior to the installation.
All work shall be performed by or under the immediate supervision of a plumber duly licensed by the Westchester County Board of Plumbing Examiners. The person so licensed to make such connection or opening shall comply with and be responsible for the following:
All openings into any sewer shall be made carefully without injuring the same and in accordance with New York State Uniform Code standards.
No obstruction of any description whatsoever shall be left in the connection.
Unless otherwise approved by the Town Engineer, a minimum separation of 10 feet on centers shall be maintained between the house sanitary connection and the house water service, and the water line shall be at an elevation 18 inches higher than the sewer line if laid within 10 feet of the sewer line.
Any damage or injuries that may occur to persons, animals or property by reason of any opening in any street or right-of-way made by them or those in their employ.
The applicant for the building sewer permit shall notify the Town Engineer a minimum of 24 hours prior to when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of a plumber licensed by the Westchester County Board of Plumbing Examiners. No work shall be covered until inspected by the Town Engineer or his representative. All excavations for building sewer installations shall be adequately guarded with barricades and lights so as to protect the public from hazard. Proper shoring shall be provided where necessary to avoid cave-ins into trench excavations. In the event that water conditions are encountered during trench excavations, a licensed plumber shall provide suitable pumping equipment to ensure installation of a house sanitary sewer under reasonably dry conditions, said groundwater to be disposed of in storm drainage facilities. Under no circumstances is groundwater to be disposed of in the Town sewer or Town sanitary sewer facilities. At the time of connection to a public sewer, any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned, pumped out and filled with suitable inert material. Under no circumstances shall said sanitary waste material be disposed of into Town sewers.
All excavation shall be backfilled and the earth rammed. In no case shall boulders or rock layers be used for backfill within two feet of house sanitary sewer service connection. Where road pavement must be cut it will be necessary to first secure a street opening permit from the Superintendent of Highways. All requirements set forth in said permit shall constitute part of this chapter.
Each permit shall have endorsed thereon the contents of § 149 of the Highway Law of the State of New York, and the licensee and owner of the land benefited by the sewer connection shall be deemed to have accepted such permit or the issuance of the same on condition that there will be full compliance with the provisions of said section and that such persons will be bound thereby.
The line running from the house or other building to the sanitary sewer shall be of not less than four-inch extra heavy cast-iron or service weight pipe, and fittings bearing the Cast-Iron Soil Pipe Institute insignia, and shall be thoroughly caulked and joined with first quality lead and oakum. When minimum, uncritical loading conditions exist as determined by the Town Engineer, it shall be permissible to use SDR 35 PVC sewer pipe. The installation shall conform to the recommended practice of the Uni-Bell Plastic Pipe Association. The embedment shall be Class I. All pipe shall be bedded (cushioned) on a minimum six-inch thick layer of 3/4-inch crushed gravel. Additionally, the 3/4-inch crushed gravel shall be placed the full height of the pipe zone (haunching to spring line of the pipe, thence to the crown of the pipe). Initial and final backfill material and procedures shall conform to Association recommendations and standards.
The provisions of the Plumbing Codes, Mechanical Codes and Fuel, Gas Code of New York State Uniform Code applicable to plumbing shall apply, except as required herein.
The following regulations shall apply to the use of Town sewers and Town sanitary sewer facilities in a Town sewer district:
No person(s) shall discharge or cause to be discharged any unpolluted waters such as stormwater, groundwater, roof runoff, unpolluted industrial process water, subsurface drainage or cooling water to a Town sewer or Town sewer facilities in a Town sewer district.
Stormwater, and all other unpolluted drainage, shall be discharged to such sewers as are specifically designated as storm drains or to a natural outlet approved by the Town Engineer and other regulatory agencies. Unpolluted industrial cooling water or process waters may be discharged, on approval of the Town Engineer, to a storm sewer or natural outlet.
No person(s) shall discharge or cause to be discharged any of the following described waters or wastes to any Town sewer or Town sanitary sewers facilities in a Town sewer district:
Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas.
Any waters containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any wastewater pumping facilities, constitute a hazard to humans or animals, create a public nuisance or create any hazard in the receiving waters of the pumping plant, including, but not limited to, cyanides as CN in the wastes as discharged to the public sewer.
Any waters or wastes having a pH lower than 5.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the wastewater works.
Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers or other interference with the proper operation of the wastewater facilities such as, but not limited to, ashes, bones, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
No person shall discharge or cause to be discharged the following described substances, materials, waters or wastes if it appears likely in the opinion of the Town Engineer that such wastes can harm either the sewers, sewage pumping process or equipment, or can otherwise endanger life, limb, public property, or constitute a nuisance. The Town Engineer may set limitations lower than the limitations established in the regulations below if, in this opinion, such more severe limitations are necessary to meet the above objectives. In forming his opinion as to the acceptability of these wastes, the Town Engineer will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities of subject wastes in relation to flows and sewers, capacity of the sewage pumping plant, of wastes to handle such materials and other pertinent factors. The substances prohibited are:
Any liquid or vapor having a temperature higher than 150° F. (65° C.).
Any water or waste containing fats, wax, grease or oils, whether emulsified or not, in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32° F. and 150° F. (0° C. and 65° C.).
Wastewater from industrial plants containing floatable oils, fat or grease.
Wastewater containing more than 25 milligrams per liter of petroleum oil, nonbiodegradable cutting oils or products of mineral oil origin.
Any garbage that has not been properly shredded (see definitions). Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments or similar places where garbage originates from the preparation of food in kitchens for the purpose of consumption on the premises or when served by caterers. The installation and operation of any garbage grinder equipped with a motor of 3/4 horsepower (0.76 horsepower metric) or greater shall be subject to the review and approval of the Town Engineer.
Any waters or wastes containing strong acid pickling wastes or concentrated plating solutions, whether neutralized or not.
Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances (or wastes exerting an excessive chlorine requirement) to such degree that material received in the composite sewage at the sewage pumping facilities exceeds the limits established by the Town Engineer for such materials or limits pursuant to § 307 of the Clean Water Act, whichever are more stringent.
Any waters or wastes containing phenols or other taste- or odor-producing substances, in such concentrations exceeding limits which may be established by the Town Engineer as necessary to meet the requirements of the state, federal or other public agencies of jurisdiction for such discharge to the receiving waters.
Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Town Engineer, or are not in compliance with applicable state or federal laws, rules or regulations.
Waters or waste containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed or are amenable to treatment only to such degree that the wastewater treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
Any water or wastes which, by interaction with other water or wastes in the public sewer system, release obnoxious gases, form suspended solids which interfere with the collection system or create a condition deleterious to structures and pumping processes.
Any waters or wastes having pH in excess of 9.5.
Materials which exert or cause:
Unusual concentrations of inert suspended solids (such as, but not limited to, Fullers earth, lime slurries and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate).
Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).
Unusual BOD, chemical oxygen demand or chloride requirements in such quantities as to constitute a significant load on the sewage treatment works.
Unusual volume of flow or concentration of wastes constituting slugs as defined herein.
If any waters or wastes are discharged or are proposed to be discharged to the Town sewers or Town sanitary sewer facilities, which waters contain the substances or possess the characteristics enumerated in Subsection D hereof and which, in the judgment of the Town Engineer, may have a deleterious effect upon the wastewater facilities, processes, equipment or receiving waters or which otherwise create a hazard to life or constitute a public nuisance, the Town Engineer may:
Reject the wastes;
Require control over the quantities and rates of discharge; and/or
When considering the above alternatives, the Town Engineer shall give consideration to the economic impact of each alternative on the discharger. If the Town Engineer permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Town Engineer, and subject to the requirements of all applicable codes, ordinances and laws.
Grease, oil and sand interceptors shall be provided when, in the opinion of the Town Engineer, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts, as specified in Subsection D(3), or any flammable wastes, sand or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Town Engineer and shall be located as to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors, the owner(s) shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates and means of disposal which are subject to review by the Town Engineer and/or any agency having jurisdiction. Any removal and hauling of the collected materials not performed by the owner's personnel must be performed by currently licensed waste disposal firms.
Where pretreatment or flow-equalizing facilities are provided or required for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation at the owner's expense.
When required by the Town Engineer, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable structure (control manhole) together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. Such structure, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the Town Engineer. The structure shall be installed by the owner, at his expense, and shall be maintained by him so as to be safe and accessible at all times.
The Town Engineer may require a user of sewer services to provide information needed to determine compliance with this chapter. These requirements may include:
Wastewaters discharge peak rate and volume over a specified time period.
Chemical analyses of wastewaters.
Information on raw materials, processes and products affecting wastewater volume and quality.
Quantity and disposition of specific liquid, sludge, oil, solvent or other materials important to sewer use control.
A plot plan of sewers of the user's property showing sewer and pretreatment facility location.
Details of wastewater pretreatment facilities.
Details of systems to prevent and control the losses of materials through spills to the municipal sewer.
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 the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property. (The particular analyses involved will determine whether a twenty-four-hour composite of all outfalls of a premises is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analysis are obtained from twenty-four-hour composites of all outfalls, whereas pHs are determined from periodic grab samples.)
No statement contained in this section shall be construed as preventing any special agreement or arrangement between the Town and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the Town for pumping, subject to payment therefore, by the industrial concern. Such agreements shall be made within the guidelines of the federal pretreatment requirements pursuant to § 307 of the Clean Water Act.
Editor's Note: See 33 U.S.C.A. § 1251.
No person(s) shall break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of a Town sewer or Town sewer facilities.
The following regulations shall to the inspection and testing of discharges that are made into a Town sewer or Town sanitary sewer facilities in a Town sewer district.
The Town Engineer and other duly authorized employees of the Town bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing pertinent to discharge in a Town sewer district in accordance with the provisions of this chapter.
The Town or other duly authorized employees are authorized to obtain information concerning industrial processes which have a direct bearing on the kind and source of discharge to the wastewater collection system. The industry may withhold information considered confidential. The industry must establish that the revelation to the public of the information in question might result in an advantage to competitors.
The Town Engineer and other duly authorized employees of the Town bearing proper credentials and identification shall be permitted to enter all private properties through which the Town holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the wastewater facilities lying within said easement. All entry and subsequent work, if any, on said easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
Authorized representatives of the New York State Department of Environmental Conservation (NYSDEC) and the United States Environmental Protection Agency (USEPA) shall have the same authority to inspect the original sample and test it as is granted the Town Engineer hereunder.
This chapter shall be enforced by the Town Engineer. The Town Engineer, Principle Engineering Technician and Water Superintendent shall be authorized to issue and serve an appearance ticket with respect to any violation of this chapter.
Any person who shall violate or fail, neglect or refuse to comply with any provision of this chapter or any rule, regulation, order or special direction duly made thereunder shall, upon conviction thereof, be punished by a fine of not more than $500 or by imprisonment not exceeding six months, or by both such fine and imprisonment, and each week such violation shall continue shall constitute a separate offense.
No person shall use, connect to or discharge any effluent into a Town sewer or Town sanitary sewer facilities in violation of any federal, state or county law, rule or regulation, including but not limited to the federal Clean Water Act, the New York State and Westchester County Sanitary Code, and the Environmental Facilities Sewer Act of Westchester County.
Any person in violation of any provision of this chapter shall be liable to the Town of Somers and the applicable Town sewer district for any and all expenses, loss or damage resulting from any violation.
Industrial discharges are not authorized until such time as minimum NYSDEC/USEPA regulation recommendations are approved and adopted by the Town Board and incorporated in this chapter.