[HISTORY: Adopted by the Town Board of the
Town of Orchard Park as Ch. 12 of the 1970 Code. Amendments noted
where applicable.]
As used in this chapter, the following words,
terms and phrases shall have the meanings herein ascribed to them:
The Board of Managers of Erie County Sewer District No. 3
or its authorized representatives.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20° C., expressed in parts per million by weight.
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 the inner face of the building wall.
The extension from the building drain to the public sewer
or other place of disposal. It is part of the district sewage works
from the ROW/easement to the public sewer.
[Amended 4-27-2011 by L.L. No. 1-2011]
A sewer receiving both surface runoff and sewage.
Erie County Sewer District No. 3
Solid wastes from the preparation, cooking and dispensing
of food and from the handling, storage and sale of produce.
The liquid wastes from industrial processes as distinct from
sanitary sewage.
Any outlet into a watercourse, pond, ditch, lake or other
body of surface or ground water.
The logarithm of the reciprocal of the weight of hydrogen
ions in grams per liter of solution.
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 in any dimension.
A sewer in which all owners of abutting properties have equal
rights and which is controlled by public authority.
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 stormwaters 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.
A sewer which carries storm- and surface waters and drainage
but excludes sewage and polluted industrial wastes.
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 Town Board of the Town of Orchard Park acting in behalf
of the Town district.
Any sewer district established as a special improvement district
in the Town of Orchard Park prior to the effective date of this chapter.
The Town Engineer of the Town of Orchard Park.
[Added 4-27-2011 by L.L. No. 1-2011]
A channel in which a flow of water occurs either continuously
or intermittently.
It shall be unlawful to discharge to any natural
outlet within the Town district any sanitary sewage, industrial wastes
or other polluted waters except where interception or treatment has
been provided in accordance with subsequent provisions of this chapter.
[Amended 11-18-1971]
The owners of all houses, buildings or properties
used for human occupancy, employment, recreation or other purpose,
situated within the Town district and accessible to a public sanitary
or combined sewer of the district, 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 chapter within 90 days after date of official
notice to do so.
When a district sewer is accepted by the Town
Board, all properties accessible thereto shall connect to such sewer.
Owners shall make an application to connect on forms provided by the
Town Board for individual homes, subdivisions or commercial and industrial
establishments.
[Amended 4-27-2011 by L.L. No. 1-2011]
No connection shall be made to a district sewer
until the application to connect is approved and the building sewer
and proposed connection are approved by the Town Engineer. Any person
seeking to connect to a district sewer shall notify the Town Engineer
when the building is ready for inspection. Such notification shall
be made to the Town Engineering Department and the County District
a minimum of 48 hours prior to the inspection.
[Added 4-27-2011 by L.L. No. 1-2011]
Each new home, industry or commercial unit constructed after the effective date of this chapter shall pay a connection charge to the Town of Orchard Park as indicated in Chapter 144, Attachment 1, Schedule of Zoning Fees, and a connection charge in an additional amount established by the County Board of Supervisors.
Where a private disposal system has been installed pending completion of public sewers, the connection charge set forth in § 112-6 may be modified by the Town Board and the County Board of Supervisors.
[1]
Editor's Note: Former § 112-8, Waiver of connection
fees, was repealed 4-27-2011 by L.L. No. 1-2011.
[Amended 4-27-2011 by L.L. No. 1-2011]
Each home shall pay an annual readiness-to-serve
charge to the Town district in an amount of $20 and an additional
readiness-to-serve charge to the county district, to be established
by the Board of Managers following a public hearing. These charges
shall be included as part of the annual assessment roll.
[Amended 11-18-1970]
Industries, institutions and commercial establishments
shall pay a use charge, to be determined by the Town Board and the
Board of Managers, in proportion to their water use and type of waste.
These charges shall be included as part of the annual assessment roll
and may be either included in the county tax bill or collected by
means of periodic billing.
Properties having frontage along a sewer built
by the county district will pay an annual frontage charge and such
other charges as may be established by the Board of Supervisors in
accordance with law. Properties having frontage along a sewer built
by the Town district will pay an annual frontage charge and such other
charges as may be established by the Town Board in accordance with
law.
[Amended 4-27-2011 by L.L. No. 1-2011]
No building sewer shall be connected to any
manhole.
A.
Prohibited. No person shall knowingly, willfully or
maliciously break, damage, destroy, uncover, deface or tamper with
any structure, appurtenance or equipment which is part of the municipal
sewerage works.
B.
Violations of this section shall be punishable by
a maximum fine of $250 or by imprisonment for not more than 15 days,
or both.
[Amended 1-2-1985 by L.L. No. 1-1985]
No unauthorized person shall uncover, make any
connections with or opening into, use, alter or disturb any public
sewer or appurtenance thereof without first obtaining a written permit
from the Town Board or Board of Managers, as the case may be.
The owner or his agent shall make application
on a special form furnished by the Town Board, supplemented by any
plans, specifications or other information considered pertinent in
the judgment of said Board. Such plans are required for multiple dwellings,
commercial or public buildings. The application becomes a permit when
signed by the Town district representative. Applications made by a
contractor must show authorization from the owner. The contractor
must show coverage with such insurance as may be required by the said
Board.
All costs and expenses incident to the installation
and connection of a building sewer to the public sewer shall be borne
by the owner. The owner shall indemnify the Town district and county
district from any loss or damage that may directly or indirectly be
occasioned by the installation of the building sewer.
A separate and independent building sewer shall
be provided for every building except where special permission is
received from the Town Board.
[Amended 4-27-2011 by L.L. No. 1-2011]
Old building sewers may be used in connection with new buildings only when they are found, on examination and testing by the Town Engineer, to meet all requirements of this chapter. Connection charges shall be the same as a new connection as set forth in Chapter 144, Attachment 1, Schedule of Zoning Fees, to cover the cost of the inspections.
All buildings hereafter erected with subsoil
drains encircling the footing walls or under cellar floors shall meet
the following requirements:
A.
The building sewer shall not be connected to the building
drain until all foundation wall backfill has been made and the roof
construction of the building completed.
B.
The yard areas immediately adjacent to the structure
shall be so graded and maintained as to slope a minimum of one inch
in two feet away from the foundation walls for a distance of at least
five feet. Additional fill shall be placed as needed to maintain this
condition.
C.
Roof leaders or downspouts may be terminated to discharge
stormwater onto front or rear yard lawn areas. The water shall not
be discharged onto the earth at a lesser distance than four feet from
the building foundation wall.
[Amended 4-27-2011 by L.L. No. 1-2011]
A.
The building sewer shall be:
(1)
Cast-iron pipe material shall be extra-heavy cast iron meeting the
requirements of ASTM A74-42.
(2)
PVC pipe material manufactured in accordance with the latest ASTM
Specification D-3033/D-3034. All pipe shall be SDR-35 or thicker wall,
and the PVC compound shall meet the requirements of the latest ASTM
Specification D-1784. Pipe in compliance with these standards shall
be clearly marked with the pipe size (nominal), cell classification,
SDR number, PVC sewer pipe and ASTM designation.
(3)
Pipe shall be a minimum of six inches for building sewers from the
point of connection to the public sewer to the cleanout at the ROW/easement
on the near side. Building sewers shall be a minimum of four inches
in diameter from the cleanout at the ROW/easement to the point of
connection with the building drain. All building sewers other than
single-family homes or duplexes shall be a minimum of six inches in
diameter.
B.
Variations. Variations may be made in the requirements specified in Subsection A in special circumstances if approved by the Town Engineer in writing. Any variance in sewer sizes must be approved by the Town Engineer.
C.
ASTM tests. ASTM tests on all sewer pipes must be performed in the
United States.
[Amended 4-27-2011 by L.L. No. 1-2011]
The slope of the sewers described in § 112-20 shall be 1/4 inch per foot unless special permission is obtained by the Town Engineer, but in no case is a slope less than 1/8 inch per foot acceptable.
[Amended 4-27-2011 by L.L. No. 1-2011]
The building sewer shall be brought to the building at a depth
sufficient to afford protection from frost. Such depth shall be a
minimum of four feet from the top of the building sewer pipe to the
finished ground elevation.
The building sewer shall be laid at a uniform
grade and in straight alignment insofar as possible.
[Amended 4-27-2011 by L.L. No. 1-2011]
Cleanouts are required for all changes in direction
of the building sewer.
[Amended 4-27-2011 by L.L. No. 1-2011]
Cast-iron and PVC pipe are to be bedded with select fill and
covered at least six inches over the top with fine dirt and gravel
by hand. All pipe is to be bedded as recommended by the manufacturer
and ASTM.
[Amended 4-27-2011 by L.L. No. 1-2011]
No footing drains, roof drains or other drains carrying surface
water or groundwater shall be connected to the building sewer, building
drain or public sanitary sewer either directly or indirectly.
[Amended 4-27-2011 by L.L. No. 1-2011]
A sump pump shall be provided wherever required
to carry ground and surface water to a natural outlet or storm sewer.
[Amended 4-27-2011 by L.L. No. 1-2011]
Pipe laying and backfill shall be performed
in accordance with ASTM Specification C12, latest revision, or as
directed by the Town Engineer, except no backfill shall be placed
until the work has been inspected to the satisfaction of the Town
district.
[Amended 4-27-2011 by L.L. No. 1-2011]
The installation of building sewers across Town, county or state
roads shall be minimum of six-inch-diameter gravity sewers in accordance
with the highway permit for that jurisdiction and shall comply with
all current Town design standards and specifications. Within highway
rights-of-way, backfilling and restoration of surfaces shall be in
accordance with the requirements of the highway agency having supervision.
[Amended 4-27-2011 by L.L. No. 1-2011]
In the event that unstable soil conditions are encountered during
the connection or installation of a building sewer, special construction
methods may be required by the Town Engineer.
[Amended 4-27-2011 by L.L. No. 1-2011]
A.
Each building sewer must leave the building a minimum of 10 inches
above the basement or cellar floor. Building sewers in no event will
be permitted to leave the building under the cellar wall.
B.
The Town Board may, upon written approval of the Town Engineer, grant a variance from the requirements of Subsection A or existing structures in those cases where the existing sanitary sewer in fact leaves the building below the cellar floor or in cases involving other existing structures where proof of extreme hardship is shown and where said hardship is unique and not self-created. Before any variance is granted from the provisions of Subsection A hereof, accurate sketches and elevations must be submitted to the Town Engineer which demonstrate an inability to comply with such section by reason of existing plumbing configurations. In addition, the person seeking the variance must submit proof, satisfactory to the Town Engineer, that groundwater and surface water will be excluded from the sanitary sewer lines.
[Amended 4-27-2011 by L.L. No. 1-2011]
Each building sewer must be provided with a cleanout at changes
in direction, at the right-of-way and at least for every 50 feet of
length for four-inch-diameter laterals and every 90 feet of length
for six-inch-diameter laterals.
Double handhold traps are required where the
sewer vent is to be in the basement or cellar wall. All riser pipes
for vents shall be cast iron. No trap or vent shall be placed less
than five feet from any window, door or ventilation intake.
[Amended 4-27-2011 by L.L. No. 1-2011]
Connection of the building sewer into the sanitary sewer shall
be brought by:
A.
A PVC, vitrified tile, reinforced concrete, cast-iron or asbestos-cement
branch or riser installed at the time of construction of the main
sewer.
B.
Saddle-type connections to the main sewers shall be made in a smooth,
round hole, machine drilled.
(1)
Fittings. The fitting used shall be made to ensure that it will not
protrude into the main sewer. The fitting shall fit the contour of
the inside of the main sewer and be designed for the size of pipe
into which construction is being made. One-eighth-inch clearance shall
be provided between the fitting and the hole and between the shoulder
of the fitting and face of the main pipe. These spaces shall be completely
filled with waterproof joint material capable of withstanding any
stress or strain likely to be encountered in normal sanitary sewer
construction or maintenance. The fitting shall be capable of receiving
all types of pipe normally used for house service connections.
[Amended 4-27-2011 by L.L. No. 1-2011]
The contractor shall comply in all respects with the Industrial
Code Part (Rule Number) 53, relating to construction, excavation and
demolition operations at or near underground facilities, as issued
by the State of New York Department of Labor, Board of Standards and
Appeals.
All excavations for building or sanitary sewer
installations shall be adequately guarded with barricades and lights
so as to protect the public from hazard.
[Amended 4-27-2011 by L.L. No. 1-2011]
Streets, sidewalks, parkways and other public
property disturbed in the course of sewer installation shall be restored
in a manner satisfactory to the Town Engineer.
All driveways and parking areas disturbed during
installation of sewers shall be backfilled with select fill.
Ditches and culvert pipes for storm- and surface
water or other utilities disturbed during installation of sewers shall
be replaced to their original condition.
No waterlines shall be installed within three
feet of a building sewer.
[Amended 4-27-2011 by L.L. No. 1-2011]
Applications to construction extensions or additions
to the Town sewer district shall be made to the Town Engineer. Three
sets of applications to construct a sanitary sewer, along with three
sets of detailed plans showing the proposed construction, shall be
forwarded to the Town Engineer. Upon approval of the plans by the
Town Engineer, three additional sets of applications and approved
plans shall be forwarded to the Erie County Health Department for
approval. Evidence of Health Department approval is required by the
Town district.
[Amended 4-27-2011 by L.L. No. 1-2011]
Inspections during construction of an extension for addition
to sewers will be made by the Town Engineer. Those sanitary sewers
are to be covered up until such inspection has been made.
[Amended 4-27-2011 by L.L. No. 1-2011]
Extensions or additions to the sanitary sewer system shall be
made with one of the following:
A.
Cast-iron pipe material shall be extra-heavy cast iron meeting the
requirements of ASTM A74-42.
B.
PVC pipe material manufactured in accordance with the latest ASTM
Specification D-3033/D-3034. All pipes shall be SDR-35 or thicker
wall, and the PVC compound shall meet the requirements of the latest
ASTM Specification D-1784. Pipe in compliance with the standards shall
be clearly marked with the pipe size (nominal), cell classification,
SDR number, PVC sewer pipe and ASTM designation.
A.
Pipe laying and backfill shall be in accordance with
ASTM Specification C 12, latest revision, and the specifications established
for the construction of the trunk sewer system.
B.
All construction methods shall be subject to approval of the Town
Engineer.
[Amended 4-27-2011 by L.L. No. 1-2011]
C.
The installation of building sewers across Town, county or state
roads shall be in accordance with the highway permit for that jurisdiction
and comply with all current Town design standards.
[Amended 4-27-2011 by L.L. No. 1-2011]
A.
No connection of sanitary sewer extensions shall be permitted to
the trunk sewer of the county district until infiltration or other
tests and final inspections have been made and approved, in writing,
by the Board of Managers. The allowable rate of infiltration shall
not exceed 100 gallons per inch of pipe diameter per mile of sewer
per day.
[Amended 4-27-2011 by L.L. No. 1-2011]
B.
Existing sewers may be connected to the trunk system
only when they are found, upon examination and test by the Board of
Managers, to be acceptable.
No connection of street sewer extension shall
be permitted to the lateral sewer of the Town district until infiltration
or other tests and final inspections have been made and approved by
the Town Board in writing. The allowable rate of infiltration shall
not exceed 100 gallons per inch of pipe diameter per mile of sewer
per day.
A developer or other person installing a sanitary
lateral sewer connection to a public sewer shall post a bond with
the Town Board, naming the Town of Orchard Park and guaranteeing the
sewer for a period of two years from the time of acceptance of the
sewer by the Town Board. During this period, any defects in the sewer
or appurtenances must be corrected at the builder's expense.
Whenever pipe laying is not in progress, the
end of the pipe shall be securely closed with a tight-fitting cover
or plug. Any earth or other material entering the main sewer due to
operations of the plumber, contractor or building owner shall be removed
at his expense. All trenches must be protected by sufficient sheeting
and bracing.
Within highway right-of-way, backfilling and
restoration of surface shall be in accordance with requirements of
the highway agency having supervision.
Authorized employees of the Board of Managers
or the Town bearing proper credentials and identification shall be
permitted to enter upon all properties for the purposes of inspection,
observation, measurement, sampling and testing in accordance with
the provisions of this chapter.
No person shall discharge or cause to be discharged
any stormwater, surface water, groundwater, roof runoff, subsurface
drainage, cooling water or unpolluted industrial process waters to
any sanitary sewer.
Stormwater and all other unpolluted drainage
shall be discharged to such sewers as are specifically designated
as combined sewers or storm sewers or to a natural outlet approved
by the Town Board. Industrial cooling water or unpolluted process
waters may be discharged, upon approval of the Town Board, to a storm
sewer, combined sewer or natural outlet.
Except as hereinafter provided, no person shall
discharge or cause to be discharged any of the following described
waters or wastes to any public sewer:
A.
Any liquid or vapor having a temperature higher than
150° F.
B.
Any water or waste which may contain more than 100
parts per million, by weight, of fat, oil or grease.
C.
Any gasoline, benzine, naphtha, fuel oil or other
flammable or explosive liquid, solid or gas.
D.
Any garbage that has not been properly shredded.
E.
Any ashes, cinders, sand, mud, straw, shavings, metal,
glass, rags, feathers, tar, plastics, wood, paunch manure or any other
solid or viscous substance capable of causing obstruction of the flow
in sewers or other interference with the proper operation of the sewer
works.
F.
Any waters or wastes having a pH lower than 5.5 or
higher than 9.0 or having any other corrosive property capable of
causing damage or hazard to structures, equipment and personnel of
the sewerage works.
G.
Any waters or wastes containing a toxic or poisonous
substance 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 of the sewage treatment plant.
H.
Any waters or wastes containing suspended solids of
such character and quantity that unusual attention or expense is required
to handle such materials at the sewage treatment plant.
I.
Any noxious or malodorous gas or substance capable
of creating a public nuisance.
Grease, oil and sand interceptors shall be provided
when in the opinion of the Town Board they are necessary for the proper
handling of liquid wastes containing grease in excessive amounts or
any flammable wastes, sand and other harmful ingredients.
Grease, sand and oil interceptors shall not
be required for private living quarters or dwelling units.
All interceptors shall be of a type and capacity
approved by the Town Board and shall be located so as to be readily
and easily accessible for cleaning and inspection.
Where installed, all grease, oil and sand interceptors
shall be maintained by the owner at his expense in continuously efficient
operation at all times.
Grease and oil interceptors shall be constructed
of impervious materials capable of withstanding abrupt and extreme
changes in temperature. They shall be of substantial construction,
watertight and equipped with easily removable covers which, when bolted
in place, shall be gastight and watertight.
The admission into the public sewers of any
waters or wastes having any of the following characteristics shall
be subject to the review and approval of the Town Board:
Where necessary in the opinion of the Town Board,
the owner shall provide at his expense such preliminary treatment
facilities as may be necessary to:
A.
Reduce the biochemical oxygen demand to 3,000 parts
per million and the suspended solids to 350 parts per million by weight.
B.
Reduce objectionable characteristics or constituents
to within the maximum limits provided for herein.
C.
Control the quantities and rates of discharge of such
waters or wastes.
Plans, specifications and any other pertinent
information relating to proposed preliminary treatment facilities
shall be submitted for the approval of the Town Board and of the Water
Pollution Control Commission of the state, and no construction of
such facilities shall be commenced until said approvals are obtained
in writing.
Where preliminary treatment facilities are provided
for any waters or wastes, they shall be maintained continuously in
satisfactory and effective operation by the owner at his expense.
A.
When required. When required by the Town Board, the
owner of any property served by a building sewer carrying industrial
wastes shall install a suitable control manhole in the building sewer
to facilitate observation, sampling and measurement of the wastes.
B.
Location; construction. Such manhole, when required,
shall be accessibly and safely located and shall be constructed in
accordance with plans approved by the Town Board.
C.
Installation; maintenance. 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.
B.
Where determined. Measurements, tests and analyses
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 downstream manhole in the public sewer to the point at which
the building sewer is connected.
No statement contained in this chapter shall
be construed as preventing any special agreement or arrangement between
the district and any industrial concern whereby an industrial waste
of unusual strength or character may be accepted by the district for
treatment, subject to payment therefor by the industrial concern in
accordance with rules and regulations of the county district.
Any person found to be violating any provision of this chapter, except § 112-13, shall be served by the Town Board with a written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
If any person shall continue any violation beyond the time limit provided in § 112-66, the Town Board shall cause a hearing to be held on such violation.
The violator shall be served a notice of hearing
at least 20 days prior to the day specified for the hearing. The notice
shall state the time and place designated for the holding of the hearing
and a specification of the violations charged.
At the time of holding the hearing provided
for herein, the violator may present such evidence as he deems applicable
and shall have the complete opportunity to be heard.
If, after the hearing provided for herein, the
Town Board shall determine that a violation is in existence and continuing,
the violator shall be guilty of an offense against this chapter and
shall be charged a premium assessment of $50 for each violation. For
each day in which such violation shall continue thereafter, the premium
assessment shall continue at the rate of $50 for each day. In no event,
however, shall the premium assessment exceed the sum of $1,000 in
any year. Should the violation continue, the premium assessment will
be levied each successive year to the maximum of $1,000 annually.
If the Town Board deems it necessary, it may use the premium assessments provided for in § 112-70 to make the corrections necessary to correct the violation of this chapter and thereupon discontinue premium assessments.
Any person violating any of the provisions of
this chapter shall become liable to the county district and the Town
district for any expense, loss or damage occasioned the district by
reason of such violation.
Unpaid sewer charges, including premium assessments,
shall become a lien upon the real property upon which or in connection
with which sewer services were provided as and from the first day
fixed for payment of such charges. Interest shall be due and payable
in the same manner as other county taxes.
Nothing in this chapter shall be construed so
as to limit the right of the Town Board to enforce or avail itself
of the benefits of any and all other applicable laws and ordinances.
