[HISTORY: Adopted by the Board of Trustees of the Village
of Chatham: Art. I, 11-18-1982 by L.L. No. 1-1982; Art II, 12-9-1982 by L.L. No.
2-1982. Sections 83-5B, 83-7 and 83-10A and D amended
at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
Other amendments noted where applicable.]
[Adopted 11-18-1982 by L.L. No. 1-1982; amended 6-12-2023 by Ord. No. 2023-1]
The purpose of this article is specifically stated as follows:
A.
To prohibit excessive volumes and/or inordinate rates of flow of
sewage and wastes into the Village sewerage system.
B.
To prohibit the contribution of sewage, industrial wastes or other
wastes of a flammable nature or which create in any way a poisonous
or hazardous environment for sewerage maintenance and operation personnel.
C.
To prohibit the contribution of sewage, industrial wastes or other
wastes which may cause maintenance difficulties in the lateral and
trunk sewers, force mains, pumping stations and other structures and
appurtenances of the Village of Chatham sewerage system.
D.
To prohibit the contribution of sewage, industrial wastes or other
wastes which may create operating difficulties at the water pollution
control plants as they may be constructed, modified or improved in
the future.
E.
To prohibit and/or to regulate the contribution of sewage, industrial
wastes or other wastes which require, for treatment at the plant,
greater expenditures than are required for equal volumes of normal
sewage.
F.
To require the treatment, before introduction into the village sewers,
of such wastes as may otherwise impair the strength and/or durability
of the structures appurtenant to the sewer system, by direct or indirect
chemical action, or interfere with the normal treatment processes.
G.
To provide cooperation with the Village of Chatham and the Columbia
County Department of Health and any other agencies which have requirements
or jurisdiction for the protection of the physical, chemical and bacteriological
quality of watercourses within or bounding the county.
H.
To protect the public health and to prevent nuisances.
A.
ACT, THE
ASTM
BOD (denoting "biochemical oxygen demand")
BUILDING DRAIN
BUILDING SEWER
CHLORINE DEMAND
COMBINED SEWER
COMMERCIAL USER
CONTAMINATION
COOLING WATER
COUNTY
DEPARTMENT OF HEALTH
GARBAGE
HEALTH OFFICER
INDUSTRIAL FACILITY
INDUSTRIAL USER
INDUSTRIAL WASTES
NATURAL OUTLET
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION OR NYSDEC
NORMAL SEWAGE
OTHER WASTES
PERSONS
pH
POLLUTION
PRETREATMENT
PROPERLY SHREDDED GARBAGE
PUBLIC SEWER
PUBLICLY OWNED TREATMENT WORKS (POTW)
RECEIVING WATERS
SANITARY SEWAGE
SANITARY SEWER
SEWAGE
SEWAGE SURCHARGE
SEWER
SIGNIFICANT INDUSTRIAL USER
(1)
(2)
(3)
(4)
(5)
SLUG
SPDES
STORM SEWER (STORM DRAIN)
SUPERINTENDENT
SUSPENDED SOLIDS
TOXIC SUBSTANCE
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY or EPA
VILLAGE
VILLAGE BOARD
WATER POLLUTION CONTROL PLANT
WPCF
Unless the context specifically indicates otherwise, the meanings
of terms in this article shall be as follows:
The Clean Water Act of 1972, as amended and codified as 33
U.S.C. § 1251 et seq.
The American Society for Testing and Materials.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20° C. (68° F.), expressed in milligrams per liter (mg/l).
Measurement shall be as set forth in the latest edition of Standard
Methods for the Examination of Water and Waste Water.
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 the building sewer
beginning five feet outside of the inner face of the building walls.
The extension from the building drain to the public sewer
or other place of disposal.
The difference between the amount of chlorine added to water,
sewage or industrial wastes and the amount of residual chlorine remaining
at the end of a twenty-minute contact period at room temperature.
A sewer designed to receive and transport both surface runoff
and sewage.
A person or entity operating under a Sanitary Commercial,
Retail Food, or Special Commercial usage permit, or whose activities
would make them subject to any such permit.
An impairment of the quality of the waters of the state by
waste to a degree which creates a hazard to the public health through
poisoning or through the spread of disease.
The water discharged from any system of condensation, air
conditioning, cooling, refrigeration or other sources. It shall contain
no polluting substances which would produce BOD or suspended solids
in excess of 10 parts per million by weight or toxic substances as
limited elsewhere herein.
The County of Columbia, State of New York.
The Columbia County Department of Health.
Food wastes from the domestic and commercial preparation,
cooking and dispensing of food, including fats, oils, and grease,
and from the handling and storage and sale of produce.
The duly appointed Commissioner of Health of Columbia County.
Industrial, manufacturing or fabrication facilities, breweries,
and facilities that manufacture, produce, or prepare foods on a wholesale
basis, which discharge or may discharge into the public sewer any
waste other than sanitary waste, or that use or generate cooling or
industrial process water.
A person or entity operating under an Industrial usage permit,
or whose activities would make them subject to such permit.
The liquid wastes from industrial manufacturing processes,
trade or business as distinct from sanitary sewage. Industrial wastes
include fats, oils, and grease generated in the course of commercial
food preparation, whether on a retail or wholesale basis, and brewery
wastes including but not limited to washwater, mash, and grains.
Any outlet into a watercourse, pond, ditch, lake or other
body of surface or ground water.
The New York State Department of Environmental Conservation
or other duly authorized official of said department.
Sewage, industrial wastes or other wastes which, when analyzed,
show by weight the following characteristics:
Garbage (shredded or unshredded), refuse, wood, eggshells,
coffee grounds, sawdust, shavings, bark, sand, lime, cinder, ashes
and all other discarded matter not normally present in sewage or industrial
wastes.
Any individual, firm, company, association, society, corporation
or group contributing directly or indirectly to a village sewer system.
The negative logarithm of the hydrogen ion concentration
in moles per liter. It indicates the intensity of acidity and alkalinity
of the pH scale running from 0.0 to 14.0. A pH value of 7.0, the midpoint
of the scale, represents neutrality. Values above 7.0 represent alkaline
conditions, and those below 7.0 represent acid conditions.
The man-made or man-induced alteration of the chemical, physical,
biological and radiological integrity of water.
The reduction of the amount of pollutant properties in wastewater
to a less harmful state prior to or in lieu of discharging or otherwise
introducing such pollutants into POTW. 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.
Garbage that has been shredded to such a degree that all
particles will be carried freely under the flow conditions normally
prevailing in the public sewer to which it is discharged, with no
particle having a dimension greater than 1/2 inch in any dimension.
A sewer controlled by a public body.
Defined by Section 212 of the Act (33 U.S.C. § 1292);
includes any sewers that convey wastewater to the POTW but does not
include pipes, sewers or other conveyances not connected to a facility
providing treatment.
A natural watercourse or body of water into which treated
or untreated sewage is discharged.
Sewage discharging from the sanitary conveniences of dwellings
(including apartment houses and hotels), office buildings, factories
or institutions and free from stormwater, surface water, industrial
wastes and other wastes.
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 water as may be inadvertently
present. The admixture of "sewage," as above defined, with industrial
wastes or other wastes also shall be considered "sewage" within the
meaning of this definition.
The demand payment for the use of village sewerage system
for handling sewage, industrial wastes or other wastes accepted for
admission thereto in which the characteristics thereof exceed the
maximum values of such characteristics in normal sewage.
A pipe or conduit for carrying sewage.
A user that:
Has a discharge flow of 25,000 gallons or more per average workday;
Has a flow greater than 5% of the flow in the municipality's
wastewater system;
Has, in its wastes, toxic pollutants as defined pursuant to
Section 307 of the Act (33 U.S.C. § 1317);
Has been identified as one of the industrial source categories
pursuant to Section 307 of the Act (33 U.S.C. § 1316); or
Is found by the municipality to have significant impact, either
singly or in combination with other contributing industries, on the
treatment or collection system.
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 flow during
normal operation.
The State Pollution Discharge Elimination System established
by Article 17 of the Environmental Conservation Law of the State of
New York for issuance of permit authorizing discharges to the waters
of the state.
A sewer which carries storm and surface waters and drainage,
but excludes sewage and industrial wastes other than cooling waters
and other unpolluted waters.
The duly designated Superintendent of Public Works or, in the case of vacancy in such office or if the Office of Superintendent of Public Works is not established, then the Commissioner of Public Works or, upon resolution of the Village Board of Trustees, such other Village officer or employee of the Department of Public Works as may be designated by such resolution. Any person acting by designation or assignment of the Superintendent pursuant to § 83-10 of this article shall be deemed to be acting in the capacity of the Superintendent.
Solids that either float on the surface of or are in suspension
in water, sewage or other liquids and which are removable by flotation,
skimming and sedimentation. Measurement shall be as set forth in the
latest edition of Standard Methods for the Examination of Water and
Wastewater.
Any substance, whether gaseous, liquid or solid, which, when
discharged to a public sewer in sufficient quantities, may be hazardous
to sewer district personnel, tend to interfere with any biological
sewage treatment process to constitute a hazard to human beings or
animals, to inhibit aquatic life or to create a hazard to recreation
in the receiving waters of the effluent from a sewage treatment plant.
The United States Environmental Protection Agency, or, where
appropriate, a designation for the Administrator or other duly authorized
official of such agency.
The Village of Chatham and the lands contained therein.
The legally constituted Village Board of the Village of Chatham,
County of Columbia, New York.
Any arrangement of devices and structures used for treating
sewage.
The Water Pollution Control Federation.
B.
Word usage. "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 Village of Chatham or in any area under the jurisdiction
of said Village, any human or animal excrement, garbage or other objectionable
waste.
B.
It shall be unlawful to discharge to any natural outlet within the
Village of Chatham or in any area under the jurisdiction of said Village
any sewage or other polluted wastes, 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 owners 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 in which
there is now located or may in the future be located a public sanitary
sewer of the Village, are hereby required at their 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 of the property
line.
A.
Where a public sanitary sewer is not available under the provisions of § 83-3D, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this section.
B.
Permit required.
(1)
No construction of, or connection to, a private sewage disposal system
may be commenced, maintained, or continued except in accordance with
a private sewage disposal system permit issued by the Superintendent.
(2)
Before commencement of construction of a private sewage disposal
system or the issuance of a private sewage disposal system permit
by the Superintendent, the owner shall first obtain a written permit
from the Columbia County Health Department.
C.
A Village permit for a private sewage disposal system shall not become
effective until the installation is completed to the satisfaction
of the Columbia County Health Department. The applicant shall notify
the Columbia County Health Department when the work is ready for final
inspection and before any underground portions are covered.
D.
The type, capacities, location and layout of a private sewage disposal
system shall comply with all recommendations of the Department of
Public Health of the State of New York. No septic tank or cesspools
shall be permitted to discharge to any natural outlet.
E.
The owner shall operate and maintain the private sewage disposal
facilities in a sanitary manner at all times, at no expense to the
Village.
F.
At such time as a public sewer becomes available to a property served
by a private sewage disposal system, a direct connection shall be
made to the public sewer within 90 days in compliance with this article
and the private sewage disposal system permit issued by the Village
shall terminate 90 days after the public sewer becomes available.
Any septic tanks, cesspools and similar private sewage disposal facilities
shall be abandoned, cleaned of sludge and filled with clean fill by
the owner at no expense to the Village not later than 60 days after
the termination of the private sewage disposal system permit.
G.
No statement contained in this section shall be construed to interfere
with any additional requirements that may be imposed by the Columbia
County Health Department.
A.
Building connection permit required. No unauthorized person shall
uncover, make any connections with or opening into, alter or disturb
any public sewer or appurtenance thereof without first obtaining a
building sewer connection permit from the Superintendent.
B.
There shall be three classes of building sewer connection permits:
for (1) one- and two-family residential service, (2) multifamily residential,
commercial, institutional, or mixed-use service, and (3) service to
industrial facilities. In any case, the owner or his agent shall make
application on a special form furnished by the Village. 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 as set forth from time to time by the
Board of Trustees shall be paid to the Village at the time the application
is filed.
C.
All costs and expenses 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 sewer.
D.
A separate and independent building sewer shall be provided for every
building, except that, 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.
E.
Old building sewers may be used in connection with new buildings
only when they are found, on examination and testing by the Superintendent,
to meet all requirements of this article.
F.
The size, slope, alignment and materials of construction of a building
sewer and the methods to be used in excavating, placing of the pipe,
joining, 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
or in amplification thereof, the materials and procedures set forth
in appropriate specifications of the ASTM and WPCF Manual of Practice
No. 9, or its successors, shall apply.
G.
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.
H.
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.
I.
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 State Building Construction
Codes and 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.
J.
The applicant for the building sewer connection 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 or his representative.
K.
All excavations for building sewer installation shall be adequately
sheeted and 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 Superintendent.
A.
Sewer usage permit required. No commercial or industrial user shall
discharge waste into a public sewer or private sewage disposal system
except in accordance with a sewer usage permit issued by the Superintendent.
B.
It shall be unlawful for any person to discharge directly or indirectly into public sewers or into any private sewer industrial wastes or other wastes or sewage combined with industrial wastes or other wastes the characteristics of which, at the point of discharge, exceed the concentration limits prescribed for normal sewage under § 83-2 herein, or fall within the categories prohibited under § 83-7 herein, except in accordance with a valid usage permit issued by the Superintendent and upon such terms and conditions as may be established by the Superintendent in the issuance of such a permit.
(1)
The maximum time period for a usage permit shall be five years, with
provisions for an extension. Terms and conditions of the usage permit
may be subject to modification and change by the Village. Proper notification
of the changes shall be granted the permittee with a reasonable time
schedule for compliance. An industrial discharger shall apply for
a usage permit modification if production or process is changed that,
in effect, alters the wastewater characteristics in any manner, including
quantity of flow.
(2)
The usage permit shall not be reassigned, transferred or sold to
a new owner or user or for different premises or a new or changed
operation.
C.
Usage permits shall be of the following four classes:
(1)
Sanitary Commercial user: a user that does not generate or use in the course of business any substance enumerated in Subsection C or D of § 83-7, regardless of quantity or concentration, and that ordinarily generates only sanitary sewage. This would generally include users such as nonfood retail establishments and professional offices other than medical or dentist offices.
(2)
Retail Food Commercial user: a user that involves food preparation for retail or institutional sale or consumption or that generates or may generate fat, oil, grease, and garbage or other food wastes, but no additional wastes enumerated in Subsection C or D of § 83-7, which shall include restaurants, grocery stores, schools, nursing homes, banquet facilities, and other users that prepare foods for sale or consumption on a retail or institutional basis.
(3)
Special Commercial user: a nonindustrial commercial user that uses, generates or may generate in the course of business any of the wastes enumerated in Subsection C or D of § 83-7, regardless of quantity or concentration, other than fat, oil, grease, garbage and food waste generated in the course of retail food preparation, which shall generally include but not be limited to salons, funeral homes, laundry facilities, dentist or medical offices, and automobile service or artisanal establishments.
(4)
Industrial user: industrial, manufacturing or fabrication facilities,
breweries, and facilities that manufacture, produce, or prepare foods
on a wholesale basis, which discharge or may discharge into the public
sewer any waste other than sanitary waste, or that use or generate
cooling or industrial process water.
D.
Applications for usage permits shall be submitted on forms provided
by the Village accompanied by such supporting documentation as may
be required.
(1)
An applicant for a Sanitary Commercial user permit shall provide
such information as the Superintendent reasonably finds to be relevant
in order to determine the user's eligibility for such permit.
(2)
An applicant for a Retail Food Commercial user permit shall provide
the following:
(a)
A plot of the subject property showing accurately all sewers,
drains and house connections.
(b)
A description of all wastes produced or expected to be produced
at said property or premises, including a description of the character
of each waste, and identification of any such substances expected
to be discharged to the sewer system and the estimated average daily
and peak volume to be generated.
(c)
Detailed plans showing traps, separators, or interceptors, and
other facilities and operating procedures to provide protection from
discharge to the sewer system of fat, oil, grease, garbage, or other
prohibited or restricted substances.
(d)
The name, title, business address, and direct contact information
of the person who will be responsible for operating the facilities
in accordance with the terms and conditions of the permit.
(e)
Such additional information as the Superintendent reasonably
finds to be relevant in order to determine the user's eligibility
for such permit or to establish appropriate conditions for the issuance
of such permit.
(3)
An applicant for a Special Commercial user permit shall provide the
following:
(a)
A plot of the subject property showing accurately all sewers,
drains and house connections.
(b)
A description of all substances enumerated in Subsection C or Subsection D(1) through (10) of § 83-7, regardless of quantity or concentration, which may be used or generated in the course of business, including a description of the character of each such substance, and identification of any such substances expected to be discharged to the sewer system and the estimated average daily and peak volume to be generated.
(c)
Detailed operating procedures and, if necessary, plans showing
traps, separators, or interceptors or other facilities, to ensure
protection from unauthorized or accidental discharge to the sewer
system of any prohibited or restricted substances.
(d)
The name, title, business address, and direct contact information
of the person who will be responsible for operating the facilities
in accordance with the terms and conditions of the permit.
(e)
Such additional information as the Superintendent reasonably
finds to be relevant in order to determine the user's eligibility
for such permit or to establish appropriate conditions for the issuance
of such permit.
(4)
An applicant for an industrial user permit shall provide the following:
(a)
A plot of the subject property showing accurately all sewers,
drains and house connections.
(b)
A description of all substances enumerated in Subsection C or Subsection D(1) through (10) of § 83-7, regardless of quantity or concentration, which may be used or generated in the course of business, including a description of the character of each such substance, and identification of any such substances expected to be discharged to the sewer system and the estimated average daily and peak volume to be generated.
(c)
A complete schedule of all process waters and industrial wastes
produced or expected to be produced at said property or premises,
including a description of the character of each waste, the daily
volume and maximum rates of discharge and representative analyses.
(d)
Detailed operating procedures and plans showing traps, separators,
or interceptors, and other facilities to ensure protection from unauthorized
or accidental discharge to the sewer system of any prohibited or restricted
substances.
(e)
The name, title, business address, and direct contact information
of the person who will be responsible for operating the facilities
in accordance with the terms and conditions of the permit.
(f)
Such additional information as the Superintendent reasonably
finds to be relevant in order to determine the user's eligibility
for such permit or to establish appropriate conditions for the issuance
of such permit.
E.
In connection with the issuance of any commercial or industrial usage
permit, the Superintendent shall establish and impose such conditions
as the Superintendent deems to be necessary for the protection of
public health, the public sewers, and the POTW. In addition to any
other terms and conditions attached to such permit, each usage permit
shall state expressly whether traps, separators, or other interceptors
are or are not required as a condition of such permit and may set
out design requirements or other specifications for any such traps,
separators, or interceptors. A violation of the terms and conditions
of a sewer usage permit shall constitute a violation of this article
and subject the violator to all penalties and punishments as may be
imposed pursuant to this article.
(1)
Conditions applicable to all public sewer usage permits. The following
conditions and requirements are made a part of every public sewer
usage permit issued pursuant to this article and need not be specifically
stated or referenced in any issued permit to be effective or applicable,
but are in full force with respect to every usage permit.
(a)
Where preliminary treatment or flow-equalizing facilities are
provided for any water or wastes, they shall be maintained continuously
in satisfactory and effective operation by the permittee at his expense.
(b)
An industrial user shall notify the Village immediately upon
accidentally discharging wastes in violation of this article. This
notification shall be followed within 15 days of the date of occurrence
by a detailed written statement describing the causes of the accidental
discharge and the measures being taken to prevent future occurrence.
Such notification will not relieve users of liability for any expense,
loss or damage to the sewer system, treatment plant or treatment process
or for any fines imposed on the municipality under applicable state
and federal regulations.
(c)
A notice shall be furnished and permanently posted on the industrial
user's bulletin board advising employees whom to call in case
of an accidental discharge in violation of this article. Also, copies
of this article are to be made available to the user's employees.
(d)
Any direct or indirect connection or entry point for persistent
or deleterious wastes to the user's plumbing or drainage system
should be eliminated. Where such action is impractical or unreasonable,
the user shall appropriately label such entry points to warn against
discharge of such wastes in violation of this article.
(e)
When pretreatment regulations are adopted by the United States
Environmental Protection Agency or the New York State Department of
Environmental Conservation for any industry, then that industry must
immediately conform to the United States Environmental Protection
Agency or the New York State Department of Environmental Conservation
timetable for adherence to federal or state pretreatment requirements
and any other applicable requirements promulgated by the United States
Environmental Protection Agency or the New York State Department of
Environmental Conservation. Additionally, such industries shall comply
with any more stringent standards necessitated by local conditions
as determined by the Village.
(f)
No user shall ever increase the use of process water or, in
any way, attempt to dilute a discharge as a partial or complete substitute
for adequate treatment to achieve compliance with the limitations
contained in the Federal Categorical Pretreatment Standards or in
any other pollutant specific limitation developed by the Village or
state unless authorized by state or federal regulations.
(g)
Where traps, separators, or other interceptors have been required, as a condition of a permit issued to a commercial or industrial user, in order to prevent or mitigate the discharge of fats, oils, grease, sand, or other matter identified in § 83-7 as potentially harmful to the public sewer system or POTW, the permit holder shall maintain them in good working order and shall clean them, or have them cleaned by a qualified vendor, at sufficient frequency so as to ensure continuous effective prevention or mitigation of such discharges. The Superintendent is authorized, whether upon issuance of the usage permit or at any time thereafter, to establish as a condition of the usage permit the frequency of such cleaning and service and to modify such frequency as may, in the judgment of the Superintendent, be consistent with the purposes of this article. The permit holder shall retain a log of all cleaning and maintenance, including documentation and evidence of service from any vendor performing such work, which log and documentation shall be retained for a period of at least three years from the date of service. The permit holder shall grant access to the Superintendent for inspection of such traps, separators, interceptors, logs and documentation of service upon one business day's notice from the Superintendent and denial of such access shall be deemed a violation of the maintenance obligations of this subsection. Failure to remediate a violation of this subsection within 10 days of service of a notice of violation shall constitute a second violation.
(h)
The permit holder remains at all times responsible for compliance
with all discharge limits, restrictions, and prohibitions as set out
within this article. If discharge of wastes into the public sewer
or POTW is found to be in violation thereof, the permit holder shall,
at the permit holder's expense, install or modify such traps,
separators, interceptors, or other devices, equipment, or systems
as will bring such discharge into compliance with this article, notwithstanding
that the user is operating pursuant to a usage permit or that the
Superintendent may have specified or approved in connection therewith
the permit holder's installation of traps, separators, interceptors,
or other devices, equipment, or systems.
(i)
A violation by the permittee of the permit shall be cause for
revocation or suspension of the permit.
(2)
In addition to the above standard conditions, terms and conditions
as may be required and imposed by the Superintendent in the issuance
of the permit are as follows:
(a)
A limitation upon the volume of sewage and the rate of flow
permitted from the premises.
(b)
The installation and maintenance by the permittee, at his own
expense, of facilities or equipment for intermittent or continuous
measurement of sewage, industrial wastes or other wastes discharged
from the premises into a public sewer.
(c)
The installation and maintenance by the permittee, at his own
expense, of detention tanks or other facilities or equipment for reducing
the maximum rates of discharge of sewage to such a percentage of the
twenty-four-hour rate as may be required by the Superintendent.
(d)
The installation and maintenance by the permittee, at his own
expense, of such preliminary treatment facilities as may be required
by the Superintendent.
(e)
The installation and maintenance by the permittee, at his own
expense, of a suitable control or sampling manhole or manholes in
any sewer discharging to a public sewer for which a permit is issued.
(f)
The installation and maintenance by the permittee, at his own
expense, of grease, oil and sand interceptors, separators or traps
that, in the judgment of the Superintendent, are necessary for the
proper handling of liquid wastes containing such substance in excessive
quantities or any flammable waste or other harmful ingredients. The
type, capacity, design and installation of any such devices shall
conform to such specifications and design standards as may be adopted
or promulgated by the Superintendent.
(g)
The submission to and approval by the Superintendent of the
plans for any of the facilities or equipment required to be installed
and maintained by the permittee.
(h)
Such terms and conditions may also provide that subsequent to
the commencement of operation of any preliminary treatment facilities,
periodic reports shall be made by the permittee to the Superintendent
setting forth adequate data upon which the acceptability of the sewage,
industrial wastes or other wastes after treatment may be determined.
(i)
Such other terms and conditions as may be necessary to protect
public health, the sewer system and the POTW, and to carry out the
intent and provisions of this article.
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. Any combined sewers shall become separated.
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, to a storm sewer or natural outlet after the
discharger has obtained approvals and permits from federal and state
agencies.
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, kerosene, fuel oil or motor oil,
turpentine, oil-based paint, sealant, or finish, petroleum-based solvent
or liquid, 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 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 a pH higher
than 9.5 or having any other corrosive property capable of causing
damage or hazard to structures, equipment and personnel of the sewerage
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 sewerage 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, paper dishes, cups, milk containers,
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 the
sewers, sewage treatment process or equipment, have an adverse effect
on the receiving stream or otherwise endanger life, limb or public
property or constitute a nuisance. In forming his opinion as to the
acceptability of these wastes, the Superintendent will give consideration
to such factors as the quantities of subject wastes in relation to
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 water pollution
control plant and other pertinent factors. The substances prohibited
in the first instance but subject to review by the Superintendent
are:
(1)
Any liquid or vapor having a temperature higher than 150° F.
(65° C.) or in such quantities that the temperature at the treatment
works influent exceeds 40° C. (104° F.) unless the works is
designated to accommodate such heat.
(2)
Any water or waste containing fats, wax, grease or oils, whether
emulsified or not, in excess of 100 milligrams per liter.
(3)
Any water or waste containing fats, wax, grease, oils, or other substances
which may solidify or become viscous at temperatures between 32°
and 150° F.
(4)
Any water or waste generated by industrial process or commercial
food preparation containing fats, wax, grease, or oils, or brewery
washwater, mash, or grains.
(5)
Any garbage that has not been properly shredded. The installation
and operation of any garbage grinder equipped with a motor 3/4 horsepower
or greater shall be subject to the review and approval of the Superintendent.
Not more than 30% of ground garbage, on the dry basis, shall pass
a No. 40 United States Standard sieve. Garbage grinders shall not
be used for disposal of:
(6)
Any waters or wastes containing strong-acid ironpickling wastes or
concentrated plating solutions, whether neutralized or not.
(7)
Any water or wastes containing iron, chromium, copper, zinc and similar
objectionable or toxic substances unless their concentration is reduced
to a point that will not adversely affect any of the biochemical,
chemical or other sewage treatment processes. The concentration in
sewage of any of the toxic substances shall not exceed the concentrations
judged by the Superintendent to be toxic to biological sewage treatment
processes or to the biota of the receiving waters.
(8)
Any water or wastes containing phenols or other taste- or odor-producing
substances in such concentrations exceeding limits which may be established
by the Village 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.
(9)
Any radioactive wastes or isotopes of such half-life or concentration
as may exceed limits established by the Superintendent in compliance
with applicable state and federal regulations.
(10)
Materials which exert or cause:
(a)
Unusual concentration 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 load on the sewage
treatment works.
(d)
Unusual volume of flow or concentration of wastes constituting
slugs as defined herein.
(11)
No person shall discharge or cause to be discharged any waters or
wastes containing a toxic or poisonous substance, a high chlorine
demand or suspended solids in sufficient quantity to injure or interfere
with any sewage treatment process, constitute a hazard to humans or
animals or create any hazard in the receiving waters or the effluent
of the Village sewage treatment plant or to exceed the limitation
set forth in a categorical pretreatment standard. Such toxic substances
shall be limited to the average concentrations listed hereinafter
in the sewage and include, but are not limited to, any pollutant identified
pursuant to Section 307(a) of the Act (33 U.S.C. § 1317).
If concentrations listed are exceeded, individual establishments will
be subject to control in volume and concentration by the Superintendent.
Refer to Appendix A.[1]
[1]
Editor's Note: Appendix A is included at the end of this chapter.
(12)
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 and reuse or which may interfere with the reclamation
program. In no case shall a substance discharged to the POTW cause
the POTW to be in noncompliance with sludge use or disposal criteria,
guidelines or regulations developed under Section 405 of the Act and
criteria, guidelines or regulations affecting sludge use or disposal
development pursuant to the Solid Waste Disposal Act of 1965, as amended
(42 U.S.C. 6901 et seq.), the Clean Air Act as amended (42 U.S.C.
§ 7401 et seq.), the Toxic Substance Control Act as amended
(15 U.S.C. § 2601 et seq.) or state criteria applicable
to the sludge management method being used.
E.
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 Subsection D of § 83-7 herein 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 sewers;
(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.
A.
Sampling and testing wastes. Whenever sewage, industrial wastes or other wastes having characteristics other than prescribed for normal sewage as defined in § 83-2 herein or falling within the categories of waste prohibited from public sewer pursuant to this article is discharged into public sewers from any premises, the Superintendent shall have the right to take samples and tests as may be necessary to determine the nature and concentration of such wastes and shall have the right to reassess his determination by taking samples and tests at any time or by periodic rechecks without notice to the person discharging such wastes.
B.
Control manholes. When required by the Superintendent and/or operator
or classified as a significant industrial user, the owner of any property
serviced by a building sewer carrying industrial wastes shall install
a suitable control manhole, together with such meters and other appurtenances
in the building sewer as are necessary to facilitate observation,
sampling and measurement of the wastes. Such manhole, when required,
shall be accessible and safely located and shall be constructed in
accordance with plans approved by the Superintendent. 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.
C.
Measurement and analyses of wastes. All measurements, tests and analyses
of the characteristics of waters and wastes to which reference is
made in these rules and regulations shall be determined in accordance
with the latest edition of Standard Methods for the Examination of
Water and Waste Water, published by the American Public Health Association,
and shall be determined at the control manhole 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 suitable one downstream 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 premise
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 pH's
are determined from periodic grab samples.
D.
No statement contained in this section shall be construed as preventing
any special agreement or arrangement between the Village and any industrial
concern whereby an industrial waste of unused strength or character
may be accepted by the village for treatment, subject to payment therefor,
by the industrial concern. Acceptance of such waste shall not cause
the POTW to violate its SPDES permit or the receiving water quality
standards or any pretreatment regulations promulgated by United States
Environmental Protection Agency or the New York State Department of
Environmental Conservation.
No 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 Village of Chatham sewerage system.
Any person violating this provision shall be subject to immediate
arrest under charge of criminal tampering.
A.
The Superintendent may, in order to carry out the purposes of this
chapter, assign any and all powers of inspection and review granted
to the Superintendent by this chapter to one or more officers, employees,
or departments of the Village of Chatham.
B.
The Superintendent, representatives of New York State Department
of Environmental Conservation and the United States Environmental
Protection Agency or other duly authorized officer or employee of
the Village and/or of the county bearing proper credentials and identification
shall be permitted to enter all properties for the purposes of inspection,
observation, measurements, sampling and testing the quantity and quality
of waste discharges to the sewers or waterways or facilities for waste
treatment in accordance with the provisions of this article.
C.
The Village or representatives of the New York State Department of
Environmental Conservation and the United States Environmental Protection
Agency may, at reasonable times, have access to and copy any records,
inspect any monitoring equipment or method required by wastewater
discharge permits or Village local law and sample any effluent which
the owner or operator of such source is required to sample. Where
a user has security measures in force, the user shall make necessary
arrangements with its security guards so that, upon presentation of
suitable identification, personnel from the Village will be permitted
to enter without delay.
F.
The Superintendent, representatives of New York State Department
of Environmental Conservation or the United States Environmental Protection
Agency and other duly authorized employees of the Village bearing
proper credentials and identification shall be permitted to enter
all private properties through which the village holds a duly negotiated
easement for the purposes of, but not limited to, inspection, observation,
measurements, sampling, repair and maintenance of any portion of the
sewerage 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.
G.
The Village is authorized to issue an order to cease and desist and
direct those persons not complying with such prohibitions, limits,
requirements or provisions of this article or the wastewater discharge
permit to:
A.
Upon a determination by the Superintendent or the Village Code Enforcement
Officer that a user has committed a violation of this article, the
Village Code Enforcement Officer shall serve a notice of violation
upon the violating party which shall identify the violation or violations
and state any fines to be assessed in connection therewith pursuant
to this article. Such notice shall also state the time period within
which such violation must be corrected, and any violation not corrected
within such time period shall be deemed a new and separate violation.
If no such time period is specified, failure to correct such violation
within 10 days shall constitute a new and separate violation.
B.
A violation by a commercial or industrial user of the provisions
of this article is an offense, and each such violation may be punished
as follows:
(1)
In the case of a violation of this article by a commercial or industrial
user, including failure to maintain traps, separators, or other interceptors
of potentially harmful substances, the first such violation in a calendar
year shall be punishable by a fine of $250; the second violation occurring
in the same calendar year shall be punishable by a fine of $500, and
a third and any further violation of such subdivision occurring in
the same calendar year shall be punishable by a fine of $1,000 and
a termination of the sewer usage permit. These fines shall be in addition
to any other penalty or remedy authorized under this section.
(2)
Any user that commits a total of four violations during a period
of two consecutive calendar years shall, in addition to being subject
to applicable fines, have its sewer usage permit revoked.
C.
A violation by a residential user of the provisions of this article
is an offense, and each such violation may be punished by a fine of
not exceeding $250.
D.
In lieu of, or in addition to, any fine imposed pursuant to this
article, each violation shall be subject to a civil penalty not exceeding
$500, to be recovered in an action or proceeding brought by the Village
in a court of competent jurisdiction. A violation not corrected or
remediated within the time period required by the notice of violation
or by the provisions of this article shall be deemed a new and separate
violation and subject to a separate such fine, civil penalty or both.
E.
The Village may maintain an action or proceeding in a court of competent
jurisdiction to compel compliance with these rules and regulations
or restrain by injunction any violation of these rules and regulations,
notwithstanding any other provision within this article for a penalty
or other punishment.
F.
Where any violation of this article causes expenses to the Village,
such violation may also be punished by a civil suit against the violator,
brought in the name of the Village in a court of competent jurisdiction,
to recover such additional cost.
G.
Any person who knowingly makes any false statements, representation,
record, report, plan or other documentation filed with the municipality
or who falsifies, tampers with or knowingly renders inaccurate any
monitoring device or method required under this article shall be punished
by a fine of not more than $1,000 or imprisonment for a period of
not exceeding 15 days for each such offense, or by both such fine
and imprisonment.
Notwithstanding the provisions of § 83-11 of this article, the Village may immediately revoke or suspend any sewer usage permit or terminate or cause to be terminated wastewater service to any premises if a violation of any provision of this article is found to exist which causes or threatens to cause a condition of contamination or pollution or damage to or impairment of the public sewer or POTW.
A.
A user that has had a commercial or industrial sewer user permit terminated or revoked may apply for a one-year provisional user permit upon posting of a security bond in an amount to be determined by the Village Board of Trustees, in an amount not less than $3,500 and not more than $10,000. A first violation of this article while operating under a provisional permit shall be punished by a fine of $1,000. A second violation of this article while operating under a provisional permit will result in a fine of $2,500 and termination of the provisional permit. Nothing in this subsection shall prevent the Village from also exercising any other remedy or punishment authorized in this article, including recovery of expenses caused by a violation of this article or immediately revoking or terminating service in accordance with § 83-12 in the case of violations that pose a hazard to public health or to the sewer system or POTW.
B.
A user that commits a single violation during the one-year term of
a provisional permit may, after paying all applicable fines, penalties,
and charges, apply for a renewal provisional permit.
The Village Board shall be arbitrators of differences between
the Superintendent and sewer users on matters concerning interpretation
and execution of the provisions of this article by the Superintendent,
provided, however, that if the Superintendent is a member of the Village
Board, such person shall recuse and not act in the role of arbitrator.
A decision or determination by the Superintendent shall not be overturned
except by an affirmative vote by a majority of the total membership
of the Village Board.
[Adopted 12-9-1982 by L.L. No. 2-1982]
The purpose of this Article shall be to generate sufficient
revenue to pay all costs for the operation and maintenance of the
Village of Chatham's complete wastewater collection and treatment
system. The cost shall be distributed to all users of the wastewater
system in proportion to the contribution of each user class to the
total loading of the wastewater treatment works. Factors such as strength
(biochemical oxygen demand and suspended solids), volume and delivery
flow rate characteristics shall be considered and included as the
basis for each user class contribution to ensure a proportional distribution
of operation and maintenance (including replacement) costs to each
user class. Nothing contained in this Article shall be construed to
prohibit the Village of Chatham from the receipt of the applicable
state aid for the purpose of the operation and maintenance of the
village's wastewater and collection treatment system.
The Board of Trustees, or its designated representatives, shall
annually determine the total cost of the operation and maintenance
of the wastewater system necessary to maintain the capacity and performance
for which such works were designed and constructed. The total annual
cost of operation and maintenance shall include, but need not be limited
to, labor, repairs, equipment replacement, maintenance, necessary
modifications, power, sampling, laboratory tests and a reasonable
contingency fund.
A.
Each individual user's average daily volume of wastewater discharged
to the wastewater system shall be presumed to be the volume of potable
water recorded on the village's water meter for the user's premises.
In the absence of a water meter or in case of an inaccurate or malfunctioning
water meter, the village shall estimate the individual user's average
daily volume.
B.
The total average daily volume of wastewater discharged to the treatment
system shall be the total annual meter recordings and estimates divided
by 365.
C.
The Board of Trustees, or its designated representatives, shall determine
the average strength of the five-day twenty-degree-centigrade biochemical
oxygen demand (BOD5) in milligrams per liter
entering the wastewater system by dividing the average daily poundage
of BOD5 by the average daily volume entering the system as determined in Subsection A above.
D.
The Board of Trustees, or its designated representatives, shall likewise
determine the average strength of the suspended solids (SS) in milligrams
per liter entering the wastewater system by dividing the average daily
poundage of SS by the average daily volume entering the system.
A.
All users shall be charged an amount per 1,000 cubic feet of wastewater recorded on the user's water meter or, in the absence of an accurate meter, as estimated by the village. The cost per 1,000 cubic feet shall be established by resolution of the Board of Trustees and shall be based upon the total annual cost of operation and maintenance as determined under § 83-14 of this Article divided by the total volume of wastewater discharged to the system by users, and the resultant figure multiplied by 1,000.
B.
All residential users will be charged on a one-thousand-cubic-foot
basis without any additional charge for BOD5 or SS loading.
In addition to the volume charge provided for under § 83-16 of this Article, all nonresidential users shall be surcharged for their waste water entering the system in excess of 200 milligrams per liter BOD5 and 250 milligrams per liter
SS. The surcharge shall be established by resolution of the Board
of Trustees and shall be sufficient to cover the costs of treating
such users above normal strength wastes. Such users shall pay an additional
surcharge for each 25 milligrams per liter per 1,000 cubic feet over
200 milligrams per liter of BOD5 and for each
25 milligrams per liter per 1,000 cubic feet over 250 milligrams per
liter of SS.
The Board of Trustees shall review the total annual cost of
operation and maintenance as well as each user's wastewater contribution
percentage not less often than every two years and will revise the
system as necessary to assure equity of the service charge system
established herein and to ensure that sufficient funds are obtained
to adequately operate and maintain the wastewater treatment works.
If it is determined that excess revenues have been collected from
a class of users, the excess revenues from that class of users shall
be applied to the costs of operation and maintenance attributable
to that class for the next year and the rate charged to such users
shall be adjusted accordingly.
A.
Sewer user charges shall be billed quarterly on March 1, June 1,
September 1 and December 1 of each year.
[Amended 9-22-8193 by L.L. No. 2-1983; 9-9-2019 by L.L. No. 1-2019]
B.
All sewer user bills shall be payable as of the billing date of such
bill. If any such bill is not paid in full by the due date indicated
on such bill, a penalty of 2% of the original bill amount shall be
added to said bill. The due date shall be not less than 30 days after
the billing date.
[Amended 2-24-2020 by L.L. No. 1-2020]
C.
All sewer service may be discontinued without further notice if the
sewer user charge for such service is not paid within 60 days of presentation.
D.
The Village Clerk-Treasurer shall file, prior to the time for completion
of the annual village tax levy, a certificate of all unpaid sewer
user charges, together with a statement as to the property upon which
the same were incurred, with the Village Board, who shall, in the
preparation of the next annual tax levy, levy these said amounts upon
such property, and the same shall be levied and collected and enforced
in the same manner, by the same proceedings, at the same time, with
the same penalties and having the same lien upon the property assessed
as the general village tax and as a part thereof.
E.
Each user shall be notified, at least annually, in conjunction with
a regular bill of the rate and that portion of the user charges which
are attributable to wastewater treatment services.
The discharge of any waters containing toxic or poisonous solids,
liquids or gases in sufficient quantity, either singly or by interaction
with other wastes, to contaminate the sludge of any municipal system
or to injure or interfere with any sewage treatment process or to
constitute a hazard in or have an adverse effect on the waters receiving
any discharge from the treatment works is hereby prohibited.
Each user which discharges any toxic pollutant which causes
an increase in the cost of managing the effluent or the sludge of
the waterwaste treatment works shall pay for such increased cost as
determined by the Board of Trustees.
This system of service charges shall take precedence over any
terms or conditions of agreements or contracts between the Village
of Chatham and users (including industrial users special districts
or other municipalities or state or federal agencies or installations)
which are inconsistent with Section 204(b)(1)(A) of the Clean Water
Act (33 U.S.C. § 1251 et seq., as amended) or the rules
and regulations in 40 CFR 35.
