This article shall be known and may be cited as "Village of Little Valley Sewer Use Local Law."
[Adopted by the Board of Trustees of Little Valley]
Unless the context specifically indicates otherwise, the meaning of terms used in this article shall be as follows:
American Society for Testing Materials.
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.
That part of the lowest horizontal piping of a drainage system which received the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (1.5 meters) outside the inner face of the building wall.
The extension from the building drain to the public sewer of other place of disposal.
Solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage, and sale of produce.
A duly constituted officer of the Cattaraugus County Department of Health or the New York State Department of Health.
The liquid, solid and gaseous waste, including suspended solids resulting from the processes employed in industrial and commercial establishments.
The Superintendent or employee(s) of the U.S. Environmental Protection Agency, or employee(s) of the State of New York Department of Environmental Conservation.
Any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater.
Any wastes that can harm either the sewers, sewer treatment process, or equipment, have an adverse effect on the receiving stream, or otherwise endanger life, health, or property or constitutes a nuisance.
Person owning premises being sewered.
Any individual, firm, company, copartnership, association, society, corporation, or group.
The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of the pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a publicly owned treatment works. The reduction or alteration can be obtained by physical, chemical or biological processes, process changes or by other means, except as prohibited by 40 CFR 403.6, General Pretreatment Regulations for Existing and New Sources of Pollution.
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.
A sewer which is controlled by the Village.
Includes the public sewer and sewage works.
A treatment works as defined by Section 212 of the Act (33 U.S.C. § 1292). It includes any sewers that convey waste-water to the treatment plant but does not include pipes, sewers or other conveyances not connected to a facility providing treatment.
A sewer which carries sewage and to which storm, surface, and ground waters are not intentionally admitted.
A combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface and storm waters as may be present.
Any arrangement of devices and structures used for treating sewage.
All facilities for collecting, pumping, treating, and disposing of sewage.
A pipe or conduit for carrying sewage.
Is mandatory; "may" is permissive.
One in which any of the following are true:
All industries subject to categorical pretreatment standards pursuant to Section 307 of the Clean Water Act;
Industries having a substantial impact, either singularly or in combination with other contributing industries on the operation of the treatment works;
Manufacturing industries using substances of concern as defined pursuant to Section 307 of the Clean Water Act; or
Those industries discharging more than 25,000 gallons per day of processing wastes.
Any discharge of water, sewage, or industrial waste 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.
A sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.
The Superintendent of Public Works of the Village or his authorized deputy, agent, or representative.
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.
The Village of Little Valley, Cattaraugus County, New York.
A channel in which a flow of water occurs, either continuously or intermittently.
Water Pollution Control Federation.[1]
[1]
Editor's Note: The Water Pollution Control Federation has changed its name to the Water Environment Federation.
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 Village or in any area under the jurisdiction of the Village, any human or animal excrement, garbage or other objectionable waste.
B.
It shall be unlawful for any person to discharge into any natural outlet within the Village, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with the provisions of this article.
C.
Except as hereinafter provided, it shall be unlawful for any person 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 Village and abutting on any street, alley, or right-of-way or to which access is provided, in which there is now located or may in the future be located a public sanitary sewer of the Village, 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 100 feet (30.5 meters) of the property line; provided, however, for cause shown, the Village Board may exclude a portion or all of such property from the requirement of this § 194-3D of this article. Such good cause shall include conditions whereby existing property is below level for gravity feed to the Village owned sanitary sewer system, at the time of construction thereof, and conditions which would effectively deprive the owner of any reasonable return on the use of his property and result in an inverse condemnation or taking by the municipality of the premises involved.
A.
Where a public sanitary sewer is not available under the provisions of § 194-3D, the building sewer shall be connected to a private sewage disposal system complying with the requirements of the Cattaraugus County Health Department and of the State of New York, and of any other applicable laws, codes and regulations.
B.
At such time as the public sewer becomes available to the property owner served by the private sewage disposal system, a direct connection shall be made to the public sewer in compliance with this article, which connection shall be made within 90 days after the date on which the public sewer becomes available, or after the official notice to do so, whichever is later.
C.
Upon making the connection to the public sewer system as required in §§ 194-3D and 194-4B of this article, the private sewage disposal system or any septic tank, cesspool or similar private sewage disposal facility shall be abandoned. These abandoned private sewage disposal systems must be cleaned of sludge and filled with clean bank-run gravel or dirt, or other suitable material approved by the Superintendent of Public Works.
A.
No 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 Superintendent.
B.
There shall be two classes of building sewer permits: for residential and commercial service, and 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 Village and available at the office of the Village Clerk. The form shall be approved by appropriate resolution by the Village Board of Trustees. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Superintendent. A permit and inspection fee for a residential or commercial building sewer permit and an industrial building sewer permit in an amount as set forth in the Village Fee Schedule[1] shall be paid to the Village at the time the application is filed.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
[1]
Editor's Note: The current Fee Schedule is on file in the Village office.
C.
All costs and expense incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the Village from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewers or the connections thereof.
D.
All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public property disturbed in the course of the work shall be restored in a manner satisfactory to the Village.
E.
A separate and independent building sewer shall be provided for every building, except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.
F.
Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Superintendent, to meet all requirements of this article.
G.
The size, slope, alignment, material of construction of a building sewer and the methods to be used in excavating, placing of 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 Village. In the absence of code provisions, the specifications of the ASTM and WPCF Manual of Practice No. 9 shall apply. Building sewer pipe shall be six inches (15 centimeters) in diameter except as otherwise permitted or required by the Superintendent. Pipe materials shall be polyvinyl chloride (PVC) meeting ASTM C-428, Class 2400 or cast iron meeting ASTM A-74, soil pipe. All pipe and fittings shall be equipped with approved, gasketed, watertight joints.
H.
Four-inch (10 centimeter) pipe may be used in special cases upon receiving written approval from the Superintendent.
I.
Slope for six-inch (15 centimeter) sewer shall not be less than 1/8 inch per foot (one cm per meter). Slope for four-inch (10 centimeter) sewer shall not be less than 1/4 inch per foot (two cm per meter).
J.
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 public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.
K.
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 Village, 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. Any deviation from the prescribed procedures and materials must be approved by the Superintendent before installation.
L.
If wyes are not installed for house connections when the sewer is constructed, a clean opening shall be cut into the existing sewer with proper equipment and a tee saddle attached. In no event should pipe from a house connection extend through the inside diameter of the existing sewer. Any connection other than to existing fittings must be made by experienced workmen under close supervision of the Superintendent.
M.
No person shall make connection of roof down spouts, 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.
N.
The applicant for the building sewer permit shall notify the Superintendent 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.
O.
The Village Board is hereby authorized by resolution to adopt the rules and regulations governing the issuance of the application to the owner or his designate for the connection to the public sewer. Such rules and regulations shall be consistent with the general purposes and criteria contained in this article, and specifically in Article II, but need not be limited thereto, and may include the following items:
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.
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 and NYS DEC, 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, except in accordance with § 194-6D of this article:
(1)
Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas.
(2)
Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singularly 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.
(3)
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, etc., either whole or ground by garbage grinders.
(4)
Any liquid or vapor having a temperature higher than 150° F. (64° C.), or in such quantities that the temperature at the treatment works influent exceeds 140° F. (40° C.).
(5)
Any water 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.).
(6)
Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of 3/4 horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the Superintendent.
(7)
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.
(8)
Any waters or wastes containing heavy metals and similar objectionable or toxic substances to such degree that any such material received in the sewage at the point of discharge exceeds the limits established below:
Effluent Concentration Limits (mg/l) | ||
|---|---|---|
Parameter | 30 Day Average | 24 Hour Average |
Cadmium | 0.4 | 0.8 |
Hex. Chromium | 0.2 | 0.4 |
Total Chromium | 4.0 | 8.0 |
Copper | 0.8 | 1.6 |
Lead | 0.2 | 0.4 |
Mercury | 0.2 | 0.4 |
Nickel | 4.0 | 8.0 |
Zinc | 1.2 | 2.4 |
Arsenic | 0.2 | 0.4 |
Available Chlorine | 50.0 | 50.0 |
Cyanide-free | 0.4 | 0.8 |
Cyanide-complex | 1.6 | 3.2 |
Selenium | 0.2 | 0.4 |
Sulfide | 6.0 | 12.0 |
Barium | 4.0 | 8.0 |
Manganese | 4.0 | 8.0 |
Gold | 0.2 | 0.4 |
Silver | 0.2 | 0.4 |
Fluorides: | ||
To freshwater | 4.0* | 8.0* |
Phenol | 4.0 | 8.0 |
* | May be multiplied by a factor of 1.5 if the municipal water supply is not fluoridated. |
(9)
Any substance which may cause the POTW's effluent or any other product of the POTW such as residues, sludge, or scums, to be unsuitable for reclamation process where the POTW is pursuing a reuse and reclamation program. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use of disposal criteria, guidelines or regulations affecting sludge use or disposal development pursuant to the solid waste disposal development pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substance Control Act, or state criteria applicable to the sludge management method being used.
(10)
Any substance specifically prohibited now or in the future by appropriate agencies of the federal, state or county governments.
(11)
Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Superintendent in compliance with applicable state or federal regulations.
(12)
Any waters or wastes having a pH in excess of 9.5, except where in the opinion of the Superintendent there is no adverse effect upon the POTW.
(13)
Materials which exert or cause:
(a)
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).
(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 load on the sewage treatment works.
(d)
Unusual volume of flow or concentration of wastes constituting "slugs" as defined herein.
(14)
Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes 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.
D.
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 § 194-6C of this article, and, which in the judgment of the Superintendent, may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Superintendent may:
(1)
Reject the wastes;
(2)
Require pretreatment to an acceptable condition for discharge to the public sewer;
(3)
Require control over the quantities and rates of discharge; and/or
(4)
Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges or rents.
E.
If the Superintendent 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 Superintendent, and subject to the requirements of all applicable codes, ordinances and laws.
F.
Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation and subject to continuous approval by the Superintendent.
G.
Grease, oil, and sand interceptors shall be provided when, in the opinion of the Chief Sewer Operator or Superintendent, they are necessary for the proper handling 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 living units. All interceptors shall be of a type and capacity approved by the Chief Sewer Operator or Superintendent, and shall be located as to be readily and easily accessible for cleaning and inspection. The Chief Sewer Operator or Superintendent shall require grease interceptors on all restaurants and food processing establishments. A periodic inspection of these interceptors shall be made by the Chief Sewer Operator or Superintendent at least four times per year.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
H.
The following additional provisions shall also apply to all industrial users of the public sewers:
(1)
No industrial wastewater shall be discharged to a trunk sewer or a sewer discharging directly or indirectly to a public sewer until a permit for industrial wastewater discharge has been approved by the Superintendent.
(2)
Permit applications shall provide information concerning volume, constituents and characteristics of wastewater, flow rates, each product produced by type, amount and rate of production, and description of activities, facilities and plant process on the premises, including all materials processed and types of materials which are or could be discharged.
(3)
Each industrial waste permit shall be issued for a period of one year and may be renewed annually. The permit's terms and conditions may be subject to modification and change by the Village at any time.
(4)
Industrial dischargers shall apply for a permit modification if production or process is changed so that the wastewater characteristics or flow is altered.
(5)
Permits shall not be reassigned or transferred or sold to a new owner, new use, different premises, or a new or changed operation.
(6)
When required by the Superintendent, there shall be installed for any property serviced by a building sewer carrying industrial wastes, 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 Superintendent. The manhole shall be maintained so as to be safe and accessible at all times.
(7)
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 property. (This particular analysis 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 analyses are obtained from twenty-four-hour composites of all outfalls whereas pHs are determined from periodic grab samples.)
(8)
No statement contained in this article shall be construed as preventing any special agreement or arrangement between Village and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the Village for treatment, subject to payment therefore, by the industrial concern.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
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 public sewer and sewage works.
A.
An inspector bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this article. The inspector shall have no authority to inquire into any process, including metallurgical, chemical, oil refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways of facilities for waste treatment.
B.
While performing the necessary work on private properties referred to in Subsection A above, an inspector shall observe all safety rules applicable to the premises established by the company.
C.
An inspector bearing proper credentials and identification shall be permitted to enter all private properties on which the Village holds a duly negotiated easement for the purpose 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.
A.
Any person found to be in violation of any provision of this article, except § 194-7, shall be served by the Village with written notice stating the nature of the violation and providing a reasonable time limit of not less than seven days for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
B.
The Superintendent in the name of the Village may bring an action against any person believed upon probable cause to have violated § 194-7 of this article in the Justice Court of the Town of Little Valley, New York, or other court of appropriate jurisdiction pursuant to the Criminal Procedure Law of this state, and is specifically authorized to issue or have issued by the Sheriff at the Superintendent's request an appearance ticket therefore.
C.
Any person found to be in violation of § 194-7 of this chapter shall:
(1)
Be guilty of an offense and, on conviction thereof, shall be punishable by a fine of not more than $250; and
(2)
Be punishable by a civil penalty of not more than $500 for each violation, to be collected and received by and in the name of the Village and added to the tax levy and separately stated thereon, all at the option and by the direction of the Board of Trustees of the Village. Each day that a violation continues shall be deemed a separate offense.
D.
Any person violating any of the provisions of this article shall be liable to the Village for any expense, loss or damage occasioned the Village by reason of such violation. The Village shall submit an itemized statement to such person and if the statement remains unpaid for more than 30 days, the same shall become a lien against the real property specifically benefitted by the repair, and if no specific property is benefitted as such, against all real property owned by such person within the Village, and unless paid in full with interest prior to the date of the levy shall be included in the next tax roll as a specific item on such persons Village taxes.
A.
Any ordinances, local laws, rules or regulations or any part thereof in conflict herewith are hereby repealed.
B.
The invalidity of any section, clause, sentence, or provision of this article shall not affect the validity of any other part of this article, which can be given effect without such invalid part or parts.
C.
The provisions of this chapter shall not incur to the Village any expense, unless specifically stated herein, and for which funds are appropriated, or for which the Village in the future adopts a resolution authorizing such expense and appropriates the money therefore, or for which the Village specifically authorizes such expenditure in the annual budget for the Village.