[Amended 12-15-1992 by L.L. No. 7-1992; 12-7-1993 by L.L. No. 3-1993; 3-20-2000 by L.L. No. 1-2000; 7-18-2005 by L.L. No. 4-2005; 1-7-2013 by L.L. No. 1-2013]
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 the appropriate written permit from the Superintendent or Codes Enforcement Officers. A permit shall be required for a sewer connection regardless of whether any other improvements are proposed, however subject to § 124-8B.
A. 
Any application for a building permit to the Village of Minoa shall indicate, amongst other requirements, and wherever applicable, that a sewer connection for residential, commercial or producing industrial waste is contemplated.
B. 
The building permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Superintendent or Codes Enforcement Officer. No separate permit and inspection fee shall be required for a sewer connection at the time of a new construction or renovation otherwise subject to the requirement of obtaining a building permit, except in the case where an articulable extraordinary expense is incurred by the Village relative to the specifics of a particular sewer connection. This determination shall be made on a case-by-case basis by resolution of the Village Board of Trustees.
A. 
All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner. By filing a permit application, the owner agrees to, and shall indemnify, defend and hold harmless the Village for and from any loss(es) or damage(s) that may directly or indirectly be occasioned by the installation of the building sewer, except those arising from the Village, its employees' or contractors' grossly negligent, reckless or intentional wrongful acts, or from those arising under any strict (vicarious) liability statutes or laws.
B. 
The cost of all maintenance, repairs and replacements to the building sewer after its installation shall be borne by the Village provided, and only to the extent, such maintenance, repairs and replacements occur on or under that property, whether owned by the Village or the owner, and located between the public sewer and: i) on premises served by a sidewalk fronting the premises at the location of the building sewer, to a distance of three feet inside the edge of the sidewalk nearest the owner's building or dwelling; and ii) on premises not so served by a sidewalk, to a distance of four feet inside the edge of street pavement nearest the owner's building (the "Village area of responsibility"). The owner shall pay all costs of maintenance, repairs and replacements on or under his or Village-owned property from the Village's area of responsibility to the owner's building/dwelling, including the building drain ("owner area of responsibility"). The owner shall give notice to the Mayor, Village Clerk and the Superintendent of any necessary, or perceived as necessary, maintenance, repairs or replacements to the building sewer before same are made. The Village shall where warranted inspect the location of the problem. If same is within the Village area of responsibility, the Village shall perform the same with its/our forces, or shall select a contractor to perform the work. Where replacement or repair of the entire building sewer, or parts thereof within both areas of responsibility, is appropriate, the Village shall provide, or request from its contractor, a complete breakdown of repair costs to facilitate the allocation of costs between the Village and the owner. The owner shall promptly pay its portion of the work upon invoice from Village. In the event owner fails to do so, same shall be assessed against the property as an additional sewer charge or otherwise as determined by Village substantially in accordance with the notice and hearing (due process) provisions under the Village Code Property Maintenance provisions or similar laws.
C. 
All such repairs and replacement, wherever appropriate, shall require the installation of new traps, vents and/or cleanouts as near as possible to the line separating the respective areas of responsibility described at § 124-9B herein, however all of same to be on the owner's side of such line, unless otherwise directed by the Village Superintendent.
D. 
The foregoing provisions notwithstanding, the Village shall not be responsible for such repair, replacement or maintenance even if within the Village area of responsibility if and to the extent such maintenance, repair or replacement is as a result of the owner's or its occupant's misuse or violative conduct relative to the use of public sewers, or other wrongful acts or omissions. Same may include, but not necessarily be limited to, the transmission of foreign objects, or hazardous substances, the improper disposal of solid waste items, or the owner's failure to properly or timely maintain or repair a condition within the owner area of responsibility requiring same, and causing damage.
E. 
An owner requesting the Village to inspect, or maintain, repair or replace its building sewer shall be deemed to have consented to access to its property for such purposes, or for any work thereon, and to have released the Village from liability for injury or damage except that arising from the Village, its employees' or contractors' grossly negligent, reckless or intentional wrongful acts, or from those arising under any strict (vicarious) liability statutes or laws.
F. 
Notwithstanding that only such part of the building sewer as is within the owner area of responsibility is in need of maintenance, repair or replacement, the Village may nevertheless require that same be subject to Village Superintendent approved plans, specifications, inspections, and completed by a Village-approved contractor.
Where sewer service presently exists or may in the future be provided for, 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.
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 chapter. The Village may require that old sewers, otherwise compliant, be modified to meet the regulations of having traps, vents and cleanouts located as required hereunder.
The size, slope, alignment and materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the Village. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the American Society for Testing and Materials and Water Pollution Control Federation Manual of Practice No. 9 shall apply.
Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.
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. No person shall operate a sump pump or other device which shall transport water from the basement into a public sanitary sewer.
A. 
Applicable rules and regulations. 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 American Society for Testing and Materials and the Water Pollution Control Federation Manual of Practice No. 9, or any amendments, changes or supplements thereto which may then be in effect. 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.
B. 
Applicant to notify Superintendent. 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 or his or her representative.
C. 
Safeguarding of excavations; restoration. All excavations for building sewer installation 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, at the applicant's expense, be restored in a manner satisfactory to the Village.