[HISTORY: Adopted by the Town Board of the Town of Lancaster as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-2-1957 (Ch. 36 of the 1966 Codification)]
A. 
Sewer rates pursuant to Article 14-F of the General Municipal Law and §§ 37 and 198 of the Town Law of the State of New York shall be collected for the payment of the annual charges imposed on the said Sewer District No. 2 and extensions thereto, which charges shall be all amounts necessary to pay the expenses of the said district as estimated in the annual budget for said district in excess of the amounts raised on a benefit basis for the payment of principal and interest on the bonded indebtedness in said district.
B. 
All persons, parties and schools within said district and extensions thereto who are connected to the sewer system shall pay charges according to the following rate schedule:
(1) 
For use of the facilities of the Village of Lancaster pursuant to the contract between the Town of Lancaster and the Village of Lancaster dated August 26, 1962, which payments shall be in addition to the amount to be raised by the annual budget by shares as hereinafter set forth.
(a) 
Private dwellings: $25 per year per single-family dwelling. In addition thereto, an additional $12.50 per year shall be paid for each family unit in excess of one family within a private residence.
(b) 
Rates for hotels, rooming or boardinghouses, convalescent homes, business, industrial or manufacturing establishments within the said Sanitary Sewer District No. 2, its extensions and laterals, shall be determined by separate negotiations between the parties hereto. All rates negotiated prior to August 26, 1962 shall be increased 25%.
(c) 
The Board of Education, Central District No, 1, Lancaster, Cheektowaga and Elma, shall pay a minimum rental rate of $2,400 per year, and an additional $4 per year for each student enrolled in said high school as of October 1 in excess of 600 students.
(d) 
Each connection shall pay 1/4 of the annual rental rate from September 1, 1957 to December 31, 1957 and thereafter, the annual rate shall be as hereinabove set forth.
A. 
One share shall be paid for each 35 lineal front feet of real property owned by each individual person, party or school.
B. 
Each private single-family dwelling unit shall pay two shares.
C. 
Each additional family dwelling unit in the family dwelling shall pay two shares.
D. 
Any school within the district shall pay four shares for each 11 persons attending said school. For the purpose of this article the sewer rentals there shall be considered to be a minimum of 600 students attending said school and an additional fixed number of 50 persons to be considered as using the facilities of said sewer system which number shall include the teachers, supervisory workers, employees and such other persons who are in any way employed by or connected with the said school system.
E. 
Any school within an extension shall be charged one share for each 35 lineal front feet of real property owned by the school system.
To determine the amount that is to be paid for each share, the total number of shares in the district and extensions shall be divided equally into the total amount to be raised in the annual Town budget for the district and extensions after the amount to be raised on a benefit basis is deducted therefrom.
The rental rates and charges shall be due at the same time and in the same manner as real property taxes and shall be collected by the Receiver of Taxes of the Town of Lancaster.
In the event that payment of the charges shall not be made when due, there shall be added a penalty not to exceed 10% of the amount due as determined by the Town Board.
For the purpose of this article all of the property owned by an individual within the district or extension shall be included in determining the number of front lineal feet owned.
For the purpose of § 279-2 of this article, "connection" shall be determined to be made when the Town Sanitary Inspector certifies the connection to the Town Clerk.
For the purpose of this article, "private family unit'' shall be determined to be all the individuals occupying the same kitchen, toilet and other facilities within the residence building.
This article shall take effect immediately upon being published and posted.
[Adopted 3-18-1974 (Ch. 37 of the 1966 Codification)]
[1]
Editor's Note: This ordinance shall affect only that area of the Town of Lancaster where sanitary sewer districts and/or storm sewer districts have been created, exclusive of the Village of Lancaster and the Village of Depew.
A. 
Unless the context specifically indicates otherwise, the meaning of terms used in this article shall be as follows:
APPLICANT
Any person as hereinafter described having an interest in and executing written application hereunder.
BOD (denoting biochemical oxygen demand)
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 building and conveys it to a point five feet 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.
GARBAGE
Solid wastes from the domestic and commercial preparation, cooking and dispensing of food or from the handling, storage and sale of produce.
INDUSTRIAL WASTES
The liquid wastes from industrial manufacturing processes, trade or business, as distinct from sanitary sewage.
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake or other body of surface or groundwater.
PERMIT OFFICER
The Town Clerk of the Town of Lancaster or such other person as from time to time may be designated by the Town Board to issue permits for connections, construction and other necessary work in connection with sewers.
PERSON
Any individual, firm, company, association, society, corporation or group.
pH
The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
PLUMBING INSPECTOR
The person from time to time designated by the Town Board as responsible for inspection of all plumbing, sewers, drains or private sewage disposal systems and connections to the public sewers.
PROPERLY SHREDDED GARBAGE
The wastes from the preparation, cooking and dispensing of foods 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 in any dimension.
PUBLIC SEWER
A sewer in which all owners of abutting properties have equal rights, and which has been dedicated to and accepted by the Town of Lancaster.
SANITARY SEWER
A sewer which carries sewage and to which storm, surface and ground waters are not intentionally admitted.
SEWAGE
A combination of water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface and storm waters as may be present.
SEWAGE TREATMENT PLANT
Any arrangement of devices and structures used for treating sewage.
SEWAGE WORKS
All facilities for collecting, pumping, treating and disposing of sewage.
SEWER
A pipe or conduit for carrying sewage.
SLUG
Any discharge of water, sewage or industrial wastes which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average twenty-four-hour concentration or flows during normal operation.
STORM DRAIN (sometimes termed "storm sewer")
A sewer which carries storm and surface waters and drainage but excludes sewage and industrial wastes, other than unpolluted cooling water.
SUPERINTENDENT OF SEWERS
The person from time to time designated by the Town Board to be in charge of supervision of the sewage works of the Town of Lancaster, his authorized deputy, agent or representative.
SUSPENDED SOLIDS
Solids that either float on the surface of, or are in suspension in water, sewage or other liquids, and which are removable by laboratory filtering.
TOWN
The Town of Lancaster, a municipal corporation duly organized and existing under the laws of the State of New York.
WATERCOURSE
A channel in which a flow of water occurs, either continuously or intermittently.
B. 
Word usage. The term "shall" is mandatory; "may" is permissive.
A. 
It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the Town of Lancaster any human or animal excrement, garbage or other objectionable waste.
B. 
It shall be unlawful to discharge into any natural outlet within the Town of Lancaster any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this article.
C. 
Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage.
D. 
The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the Town and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the Town, is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this article within 90 days after date of official notice to do so, provided that said public sewer is within 200 feet of the property line.
A. 
Where a public sanitary sewer is not available under the provisions of § 279-11D, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this section.
B. 
Before commencement of a private sewage disposal system, the owner shall first obtain a written permit signed by the Permit Officer. The application for such permit shall be made on a form furnished by the Town which the applicant shall supplement by any plans, specifications and other information deemed necessary by the Plumbing Inspector.
C. 
A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Permit Officer upon written report of the Plumbing Inspector approving same. Before any construction is commenced, the Plumbing Inspector shall make a field inspection of the layout and shall approve the layout with such modifications as he shall require. He shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the Plumbing Inspector when the work is ready for final inspection and shall not cover any underground portions until the Plumbing Inspector has inspected and approved the work.
D. 
The type, capacities, location and layout of a private sewage disposal system shall comply with all rules and regulations of the Town with respect thereto and with any other requirements of the Erie County Health Department. No permit shall be issued for any private sewage disposal system to be constructed upon a lot having an area less than authorized by the Zoning Ordinance of the Town of Lancaster except by special approval of the Zoning Board of Appeals.
E. 
No septic tank or cesspool shall be permitted to discharge to any natural outlet, whether by original construction or by reason of any act or circumstance occurring after construction, nor shall the disposal field of any private sewage disposal system be reduced in area by reason of any act or circumstance.
F. 
At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in § 279-11D, a direct connection shall be made to the public sewer in compliance with this article within 90 days, and the private sewage disposal system shall be cleaned of sludge and filled with clean bank-run gravel or dirt.
G. 
The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the Town.
[Amended 10-20-1980]
A. 
No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Town Clerk upon written report of the Superintendent of Sewers or, where another agency controls the street sewers, then upon written report of that managing sewer agency. Any road cut to be made within the Town of Lancaster can only be made after complying with the additional provisions of Chapter 310, Article I, of the Code of the Town of Lancaster.
B. 
There shall be two classes of building sewer permits: for residential and/or commercial districts; for service to establishments producing industrial wastes. In either case, the owner or his agent shall make application on a special form furnished by the Town. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Superintendent or the managing sewer agency.
C. 
All costs and expense incident to the installation and connection of the building sewer shall be bone by the owner. The owner shall indemnify the Town from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. Fees shall be in accordance with Chapter 258.
D. 
A separate and independent building sewer shall be provided for every building except where special permission is received from the Town.
E. 
Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Superintendent or managing sewer agency, to meet all requirements of this article.
F. 
The minimum building sewer shall be:
(1) 
Four-inch extra-heavy cast-iron soil pipe meeting the requirements of ASTM A74-42 or Commercial Standard CS 188.59 with Buffalo code lead or dual tite quick joints.
(2) 
Six-inch standard-strength clay sewer pipe meeting the requirements of ASTM C13-65T. Extra-strength pipe C-200-65T is also acceptable. The joints shall be Type I or III as defined in ASTM C425-64.
(3) 
Four-inch plastic pipe utilizing virgin resin and meeting the American Society for Testing and Materials three-edge bearing method for determining a crushing strength of 2,000 pounds per lineal foot throughout a temperature range of 32° F. to 120° F., or four-inch ABS truss pipe meeting the requirement of ASTM 2680 Sch. 40 plastic.
(4) 
Four-inch asbestos-cement building sewer Class 1500 or 2400. Maximum section length shall be not more than 13 feet. Asbestos-cement pipe must meet Federal Specifications SS-P331b, dated January 30, 1962, as amended.
(5) 
Variations in these requirements may be made in special circumstances if approved by the Town in writing. American Society for Testing and Materials tests on all sewer pipes must be performed in the United States. Any variance from the sewer sizes described above must be approved by the Town.
G. 
The size, slope, alignment, materials of construction of a building sewer and the methods to be used in excavating, place of pipe, jointing, testing and backfilling the trench shall all conform to the requirements of the Building and Plumbing Code (Chapter 9 of the Building Construction Code of the State of New York, and current amendments thereto, adopted by resolution of the Town Board on February 4, 1952) or other applicable rules and regulations of the Town.
H. 
Pipelaying and backfill shall be performed in accordance with ASTM Specification C12-64 or as directed by the Town, except that no backfill shall be placed until the work has been inspected to the satisfaction of the Town or its designated representative. Cast-iron pipe or concrete encasement will be required where the building sewer crosses under the pavement of an existing or future public road. In the event of unstable soil conditions, special construction methods may be required by the Town.
I. 
There must be a main trap placed in all sewers to buildings, same to be provided with a fresh-air inlet to ventilate the system in which plumbing fixtures are to be placed. The main trap in the sewer may be placed either inside the cellar or in the main sewer line outside the building. If an outside trap is used, a "Y" with a cleanout must be provided just inside the cellar wall. The cleanout shall be of a type approved by the New York Plumbing Association and shall have iron pipe threads. The fresh-air pipe must be carried to the grade line and be provided with a suitable vent cap. If an inside trap is used, the fresh-air vent must connect to the top of the trap with a "Y" and one-eighth bend and run to the outside of the building above grade. In no case shall a fresh-air vent be less than four inches in diameter. The fresh-air vent on an outside trap must be not less than five feet from a building window. The fresh-air vent on an inside trap must not be placed under a door or window.
J. 
Connection of the building sewer into the sanitary sewer shall be by:
(1) 
A six-inch vitrified tile with approved neoprene joint, cast-iron or asbestos-cement branch or riser installed at the time of construction of the main sewer. Joints shall be equal to Type I or III as described in ASTM C425-64 and as designated by the Town or managing sewer agency. Damaged vitrified tile branches shall be replaced. All connections shall be watertight. Concrete encasement of branches or mortar joints shall not be deemed watertight.
(2) 
Saddle-type connections to the main sewers shall be made in a smooth, round hole, machine-drilled. The fitting used shall be made to ensure that it will not protrude into the main sewer. The fitting shall fit the contour of the inside of the main sewer and be designed for the size of pipe into which construction is being made. One-eighth-inch clearance shall be provided between the fitting and the hole and between the shoulder of the fitting and the face of the main pipe. These spaces shall be completely filled with waterproof joint material capable of withstanding any stress or strain likely to be encountered in normal sanitary sewer construction or maintenance. The fitting shall be manufactured of cast aluminum alloy and shall be capable of receiving all types of pipe normally used for house service connections.
K. 
All excavations for building or sanitary sewer installations shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Town. Ditches and culvert pipes for storm- and surface water or other utilities disturbed during installation of sewers shall be replaced to their original condition. All driveways and parking areas shall be backfilled with select fill.
L. 
No person shall make connection of roof downspouts, exterior foundation drains, areaway drains or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.
M. 
The applicant for the building sewer permit shall notify the Plumbing Inspector when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Superintendent or Plumbing Inspector or the managing sewer agency.
[Added 10-20-1980]
A. 
The main building drain for any building shall be installed hung at least 10 inches on center above the finished cellar floor level, except by special Town permit. Floor drains are not permitted to be connected to public sewer systems. Laundry trays and washers installed in cellars shall have a gate valve in their waste lines. All plumbing fixtures installed in cellars and basements shall be on a branch line from the main sanitary drain and shall have an automatic check (backflow) valve and a gate valve in this branch line to prevent flooding in the event that the street sanitary sewers become clogged. Such check valves shall be closed at all times except when the fixtures are in use.
B. 
All buildings having cellars shall have an adequate sump and sump pump to which any interior perimeter drain tile and floor drains shall discharge. The sump pumps shall discharge into a storm sewer. Weepers through cellar walls are not permitted to be discharged into the building's sanitary sewer system.
[Added 10-20-1980]
A. 
Buildings constructed with the aforementioned districts in areas without public sewers, that can be readily connected to the public sewer when available, shall have the plumbing so arranged. In the meantime they shall install septic tanks and disposal fields to meet the requirements of the New York State Health Department and the Erie County Health Department.
B. 
Owners of buildings constructed under these provisions shall, when making application for a building permit, sign an agreement to immediately connect to a public sewer when available.
[Added 10-20-1980]
When required by the Town, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole, together with such necessary meters and other appurtenances, in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the Town. The manhole 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.
[Amended 10-20-1980]
A. 
No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters to any sanitary sewer. Illegal connections shall be removed immediately and the sewer repaired, at the owner's expense, upon request of the Superintendent or the Plumbing Inspector or the managing sewer agency.
B. 
Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers or to a natural outlet approved by the Superintendent. Industrial cooling water or unpolluted process waters may be discharged, on approval of the Superintendent or the managing sewer agency, to a storm sewer or natural outlet.
C. 
No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:
(1) 
Any gasoline, benzene, naphtha, fuel oil or other explosive liquid, solid or gas.
(2) 
Any waters or wastes 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 sewage treatment process, constitute a hazard to humans or animals, create a public nuisance or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to cyanides in excess of two milligrams per liter as CN in the wastes as discharged to the public sewer.
(3) 
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 sewage works.
(4) 
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 sewage works, such as but not limited to ashes, 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, sanitary napkins, disposable diapers, etc., either whole or ground by garbage grinders.
D. 
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 Superintendent that such wastes can harm either the sewers, sewage treatment process or equipment, have an adverse effect on the receiving stream or can otherwise endanger life, limb, public property or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the Superintendent will give consideration to the requirements of the Town, the County of Erie, the State of New York and the Environmental Protection Agency of the federal government and such factors as the quantities of subject wastes in relation of flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant and other pertinent factors. The substances prohibited include but are not limited to:
(1) 
Any liquid, solid or vapor having a temperature higher than 150° F. (65° C.); however, such liquid, solid or vapor shall not cause the temperature of the effluent to the sewage treatment plant to be greater than 40° C. (104° F). The Superintendent reserves the right, in certain instances, to prohibit wastes at temperatures above 60° F. (18° C.).
[Amended 5-20-1991]
(2) 
Any water or wastes 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 150° F. (0° C. and 65° C.).
(3) 
Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with motor of 3/4 horsepower (0.76 horsepower metric) or greater shall be subject to the review and approval of the Superintendent or managing sewer agency.
(4) 
Any waters 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 or toxic substances or wastes exerting an excessive chlorine requirement, to such a degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the Superintendent or managing sewer agency for such materials.
(6) 
Any waters or wastes containing phenols or other taste- or odor-producing substances in such concentrations exceeding limits which may be established by the Superintendent or managing sewer agency 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 hall-life or concentration as may exceed limits established by the Superintendent or managing sewer agency in compliance with applicable state or federal regulations.
(8) 
Any waters or wastes having a pH in excess of 9.5.
(9) 
Materials which exert or cause:
(a) 
Undue concentrations of inert suspended solids, such as but not limited to fuller's earth, lime slurries and lime residues, or of dissolved solids, such as but not limited to sodium chloride and sodium sulfate.
(b) 
Excessive discoloration, such as but not limited to dye wastes and vegetable tanning solutions.
(c) 
Unusual BOD, chemical oxygen demand or chlorine requirements in such quantities as to constitute a significant volume of flow or concentration of wastes.
(d) 
Unusual volume of flow or concentration of wastes constituting slugs as defined herein.
(e) 
Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment process employed or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
E. 
Approval or rejection by Superintendent or managing sewer agency.
(1) 
If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in § 279-17D and which, in the judgment of the Superintendent or managing sewer agency, may have a deleterious effect upon the sewage works, processes, equipment or receiving waters or which otherwise create a hazard to life and constitute a public nuisance, the Superintendent or managing sewer agency may:
(a) 
Reject the wastes.
(b) 
Require pretreatment to an acceptable condition for discharge to the public sewers;
(c) 
Require control over the quantities and rates of discharge; and/or
(d) 
Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of § 279-17J.
(2) 
If the Superintendent or managing sewer agency permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the requirements of the Town and all applicable codes, ordinances and laws.
F. 
Grease, oil and sand interceptors shall be provided when, in the opinion of the Superintendent or managing sewer agency, they are necessary for the proper handing of liquid wastes containing grease in excessive amounts 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 Superintendent or managing sewer agency and shall be located as to be readily and easily accessible for cleaning and inspection.
G. 
Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained by the owner, at his expense, in continuous and effective operation satisfactory to the Superintendent or managing sewer agency.
H. 
When required by the Superintendent or managing sewer agency, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole, together with such necessary meters and appurtenances, in the building sewer to facilitate observation, sampling and measurement of the waste parameters required by the Superintendent or managing sewer agency. Such manhole, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the Superintendent or managing sewer agency. The manhole 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.
I. 
All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this article 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 required and whether a twenty-four-hour composite of all outfalls of a premises is appropriate or whether a grab sample or samples should be taken shall be determined by the Superintendent or managing sewer agency. Normally, but not always, BOD and suspended solids analyses are obtained from twenty-four-hour composites of all outfalls, whereas pH's are determined from periodic grab samples.) Frequency of grab samples shall be determined by the Superintendent or managing sewer agency.
J. 
Special agreements.
[Amended 5-20-1991]
(1) 
Nothing in this section shall be construed as preventing any special agreement or arrangement between the Town and any user of the wastewater facilities whereby wastewater of unusual strength or character is accepted into the system and specially treated, subject to any payments or user charges as may be applicable. In entering such a special agreement, the Town must consider whether it will:
(a) 
Prevent pass through or interference.
(b) 
Protect municipal employees.
(c) 
Provide equitable compensation to the Town for wastewater conveyance and treatment.
(2) 
No discharge in violation of federal pretreatment standards will be allowed under the terms of such special agreements.
K. 
Periodic reports of sample analyses shall be furnished to the Superintendent upon his request.
[Amended 10-20-1980]
No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the sewage works. Any person violating this provision shall be subject to immediate arrest under the appropriate section or sections of the New York State Penal Law.
[Amended 10-20-1980]
A. 
The superintendent and/or other authorized representatives of the Town, representatives of the United States Environmental Protection Agency (USEPA), New York State Department of Environmental Conservation (NYSDEC), New York State Department of Health (NYSDOH), or the County Health Department, bearing proper credentials and identification, shall be permitted to enter all nonresidential properties at all reasonable times for the purpose of inspection, observation, sampling, flow measurement and testing to ascertain a user's compliance with applicable provisions of federal and state law governing use of the Town's public sewer system and with the provisions of this law. Inspections of residential properties shall be performed in proper observance of the resident's civil rights. Such representatives shall have the right to set up on the user's property such devices as are necessary to conduct sampling or flow measurement Such representatives shall additionally have access to and may copy any records the user is required to maintain under this law. Where a user has security measures in force which would require proper identification and clearance before entry into the premises, the user shall make necessary arrangements so that, upon presentation of suitable identification, inspecting personnel will be permitted to enter without delay for the purpose of performing their specific responsibilities.
[Amended 5-20-1991]
B. 
While performing the necessary work on private properties referred to in § 279-19A above, the Superintendent or duly authorized employees of the Town shall observe all safety rules and applicable to the premises established by the company, and the company shall be held harmless for injury or death to the Town employees, and the Town shall indemnify the company against loss or damage to its property by Town employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in § 279-17H.
C. 
The Superintendent and Plumbing Inspector or managing sewer agency, and other duly authorized employees of the Town, and/or its designated agency, bearing proper credentials and identification, shall be permitted to enter all private properties through which the Town holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling repair and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
[Amended 10-20-1980]
A. 
Any person found to be violating any provision of this article, except §§ 279-17C and 279-18, shall be serviced by the Town with a written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
B. 
Penalties for offenses.
[Amended 5-20-1991]
(1) 
Any person found to be violating § 279-17C or 379-18 or any person who shall continue any other violation beyond the time limit provided in § 279-20A shall be guilty of an offense against this article and, on conviction thereof, shall pay a penalty in an amount not exceeding $500 per day.
(2) 
Each user of the Town sewage plant will comply with all applicable federal categorical pretreatment standards and requirements.
[Amended 10-20-1980]
If any clause, sentence, paragraph, section or part of this article shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.
[Amended 10-20-1980]
This article shall constitute part of the Code of the Town of Lancaster and shall take effect immediately upon its adoption in accordance with the provision of law.