[HISTORY: Adopted by the Town Board of the Town of Pittsford 7-21-1992
as Ch. 19 of the 1992 Code. Amendments noted where applicable.]
It is the purpose of this article to protect the sewage collection and
treatment facilities, to prevent danger to life or damage to property, to
promote the health, safety and general welfare, to prohibit the introduction
of stormwaters, surface- or subsurface waters into the sanitary sewers, to
provide for the fair distribution of treatment costs and to form a basis and
policy for controlling the quantity and quality of wastes accepted into the
sewage systems of the sewer districts now or hereafter created in the town.
Unless the context specifically indicates otherwise or as otherwise
specified in this article, the meaning of terms used in this article shall
be as follows:
That portion of the lowest horizontal piping of the plumbing system,
within the walls of a building, carrying sewage.
That pipe from the building drain to the public sewer or other place
of disposal.
Sanitary sewers which are not connected to the town sewer system
and not in use, but which can be so connected and used when the appropriate
sewer district can accept them.
Any liquid, gaseous or solid substance or a combination thereof which
is an undesired by-product waste resulting from any process of industry, manufacturing,
trade or business or from the development or recovery of any natural resources,
except garbage.
Use of the sanitary sewer system for the discharge of sanitary sewage
from a health care provider, including but not limited to hospitals, nursing
homes or clinics, where the waste may represent a special health risk to sewer
maintenance personnel.
Any person, corporation or partnership entitled to or having any
fee interest in real property or the owner's authorized agent, whose property
is within any of the sanitary sewer districts and their extensions, now existing
or subsequently created by the Town Board or other authorized body. For the
purpose of this chapter, owner may also be deemed to mean a duly established
property owner's association (condominium association) wherein the collective
interests and expenses of the individual owners may be handled in common in
the operation, maintenance and repair of disposal facilities.
Any nonpotable liquid waste, usually containing animal or vegetable
matter, in suspension or solution, and which may include industrial wastes
and/or liquids containing chemicals.
The Board of Sewer Commissioners of a sewer district.
Any of the sanitary sewer districts and their extensions.
All sewer pipes and other appurtenances which are used or useful
in whole or in part in connection with the collection, treatment or disposal
of sanitary sewage, commercial, institutional and industrial waste and other
wastes and which are owned, operated or maintained by the sewer districts
in the town, including any sewage treatment and disposal works, each part
thereof with necessary appurtenances and pumping stations.
The Town Commissioner of Public Works or such other person as the
Town Board, sitting as Sewer Commissioners, may designate.
[Amended 1-2-1996 by L.L.
No. 1-1996]
The sewer systems of each sewer district of the town, as constructed
or as hereinafter added to or changed, shall be under the charge and control
of the Board of Sewer Commissioners (the "Sewer Commission") of the respective
districts.
The Sewer Commission shall adopt rules and regulations to govern the
use and maintenance of the sewer systems and shall fix the amount of money
that shall be chargeable to owners who may enter or connect to the sewer systems,
which amount or amounts shall be sufficient to pay the costs associated therewith.
A.
It shall be unlawful for any person to enter into, open,
interfere with, use or do any repair or maintenance work with respect to the
sewer systems except under the inspection and direction of the Sewer Commission
and after a written permit shall have been issued by the sewer district in
which such entering, opening, use, repair or maintenance is to take place.
B.
The owner or agent shall make application on a form furnished
by the respective Sewer Commission. The permit application shall be supplemented
by any plan, specifications or other information considered pertinent in the
judgment of the Superintendent.
C.
A permit fee in an amount fixed in the rules and regulations
for sewer districts in the town shall be paid at the time the application
is filed.
Permits granted under this article shall be for a specific waste or
wastes and such permits shall be granted only after satisfaction of this article.
Subsequent wastes of different quantity, quality or characteristics shall
be covered by separate permits.
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 Sewer Commission for 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. A separate and independent building sewer shall be provided for
each owner of any building or portion thereof.
It shall be unlawful for any person to discharge or cause to be discharged
any stormwater, surface water, groundwater, roof runoff, subsurface drainage,
cooling water, impounded water or unpolluted industrial process water to any
sanitary sewer.
Except as provided in this article, it shall be unlawful for any person
to discharge or cause to be discharged into any public sewer any water, wastes
or substances prohibited under Articles IV, V and VI of the Sewer Use Law
of the County of Monroe, dated July 1, 1988, and which is County of Monroe
Local Law No. 3-1988, as the same has been amended. Said articles of said
local law are hereby incorporated into this chapter as if fully set forth
at this point.
A.
Grease, oil, sand and grit interceptors shall be provided
when, in the opinion of the Sewer Commission, they are necessary for the proper
handling of wastes containing grease in excessive amounts or any flammable
wastes, sand, grit and other harmful ingredients. All interceptors shall be
of a type and capacity approved by the Superintendent and shall be located
so as to be readily and easily accessible for cleaning and inspection. 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. Grease and oil
interceptors shall be constructed in any place or building having a capacity
to serve group meals.
B.
Where installed, all grease, oil, sand and grit interceptors
shall be maintained by the owner at the owner's expense in continuously efficient
operation at all times.
A.
Where necessary, in the opinion of the Board of Sewer Commissioners or its agent, the owner shall provide, at the owner's expense, such preliminary treatment as may be necessary to satisfy the requirements of § 121-9.
B.
Plans, specifications and any other pertinent information
relating to proposed preliminary treatment facilities shall be submitted for
the approval of the Sewer Commission, together with a letter from the State
Department of Health, approving the proposed preliminary treatment facilities.
No construction of such facilities shall be commenced until such approvals
are obtained in writing.
C.
Where preliminary treatment facilities are required for
any waters or wastes, no permit will be granted until such pretreatment units
have been placed in operation and have demonstrated their effectiveness by
test. The cost of such testing, sampling and analyzing shall be borne by the
waste contributor (owner).
D.
Such preliminary treatment facilities shall be maintained
continuously and satisfactorily in effective operation by the owner at the
owner's expense.
When required by the Sewer Commission, the owner of any property served
by a building sewer carrying commercial, institutional or industrial wastes,
i.e., nonresidential, shall install a suitable control manhole in the building
sewer to facilitate observation, sampling and measurement of the wastes. The
control manhole is to be constructed and maintained in accordance with plans
approved by the Sewer Commission, at the expense of the owner and shall be
maintained by the owner so as to be safe and accessible at all times.
All measurements, tests and analyses of the characteristics of water and wastes to which reference is made in § 121-9 shall be determined in accordance with "Standard Methods for the Examination of Water and Sewage" or with methods approved by the State Department of Health and may be determined upon suitable samples taken at the control manhole. In the event that no special manhole has been required, the control manhole may be considered to be the nearest downstream manhole in the public sewer to the point at which a building sewer is connected. If in the judgment of the Superintendent, analyses must be performed, these analyses shall be performed at a laboratory designated by the Superintendent and the cost of these analyses shall be borne by the owner.
No statement contained in this article shall prevent any special agreement
or arrangement between the Sewer Commission and any industrial, commercial,
institutional or other owner from whose premises an industrial, commercial
or domestic waste emanates which is of unusual strength or character.
A.
Any repair or maintenance work connected directly or
indirectly to any sanitary sewer system in the town shall be performed in
accordance with the specifications and under the supervision and inspection
of the Sewer Commission.
B.
A charge is hereby established in an amount equal to
the actual cost thereof to the Commission for the performance of inspection
and related services.
C.
The Commission shall annually assess against the individual
parcel of land the amount of any such charges remaining unpaid on October
1. Such charges shall be added to the tax roll and collected in the same manner
and at the same time as the other taxes are assessed, levied and collected
in the town pursuant to statute.
A.
The Superintendent and other duly authorized employees
or agents of the Sewer Commission, bearing proper credentials and identification,
shall be permitted to enter upon all properties for the purpose of inspection,
observation, measurement, sampling and testing or proper activities in accordance
with the terms of this article or any regulations promulgated thereunder.
The powers and authority herein granted shall be in addition to powers of
inspection otherwise granted by law to Sewer Commissioners.
B.
All information in the possession of the owner bearing
on the industrial, commercial or other process which, in the judgment of the
Superintendent, affects the sewage system, shall be made available to the
Superintendent or his duly authorized agent.
A.
The Planning Board shall require that all subdivisions, which at the time of approval cannot be serviced by a town sewer district, shall have installed coincident with the subdivision development dry sanitary sewers which are in all respects capable of being connected to a district sewer when one is available, except as provided in Subsection D of this section.
[Amended 2-15-1994 by L.L.
No. 3-1994]
B.
When a district sewer is available, the dry sanitary
sewers shall be promptly connected thereto, and all occupied units in the
subdivision shall be connected to the sewer system within six months.
C.
Any deed or other instrument giving title to any unit in a subdivision shall contain clear and concise language notifying the grantee of the requirements of Subsection B of this section.
D.
Exceptions. The Planning Board, upon recommendation of the Sewer Commissioners, may exempt properties located south of the New York State Thruway from the provisions of this section where the Planning Board finds that undue hardship and/or practical difficulties make compliance with this section impractical or unreasonable. In addition, the Planning Board, upon recommendation of the Sewer Commissioners, will consider exemptions for minor subdivisions, located anywhere in the town, as defined by Chapter 175, Subdivision of Land. Distance from live sewers or planned trunk sewers, compatibility with the objectives of the community sewer system and disruption of existing neighborhoods, among other things, shall be considered by the Planning Board when hearing requests for exceptions to this section.
[Amended 2-15-1994 by L.L.
No. 3-1994; 1-2-1996 by L.L.
No. 1-1996]
[Amended 1-2-1996 by L.L.
No. 1-1996]
In all sewer districts of the town, the Town Board acting as the Board
of Commissioners shall be responsible for the enforcement of this article.
A.
Any permit issued pursuant to this article shall be subject
to cancellation after a hearing in the event of a finding by the Board of
Commissioners at such hearing that the user or permittee of the sewer system
has violated any of the provisions of this article. Such hearing shall take
place on 10 days' written notice to the permittee or user. Upon any cancellation
provided for in this subsection or otherwise in this section, the Sewer Commission
or its agent may terminate the use of the sewer.
B.
Any person violating any provision of this article shall
be responsible in money damages for any injury to the sewer system or expense
caused the Commission by such violation. This money may be collected by civil
action in the Supreme Court of the state. Compliance with this article may
also be enforced by injunction.
As used in this article, the following terms shall mean and include:
As used in relation to the term "sewer system," all lateral sewers
or all branch sewers or all interceptor sewers or all trunk sewers and any
sewage treatment and disposal works, each part with necessary appurtenances
including pumping stations.
Any nonpotable liquid waste, usually containing animal or vegetable
matter, in suspension or solution, and which may include industrial wastes
and/or liquids containing chemicals.
Residential service units shall be determined as follows:
Nonresidential service units shall be determined as follows: All types of structures connected with or served by the sanitary sewer system or any part or parts thereof, and not described in Subsection A, including but not limited to schools, churches, institutions, colleges, universities, motels, country clubs, social clubs, stores and commercial and industrial properties, shall constitute that number of service units rounded to the nearest tenth as determined by dividing the annual water consumption on said premises by 60,000 gallons. Such premises containing separate offices or spaces representing different businesses, ventures or enterprises shall constitute a minimum of one service unit per each office space.
A single-family dwelling connected with or served by the sanitary sewer
system or any part or parts thereof shall constitute one service unit.
Residential structures connected with or served by the sanitary sewer
system or any part or parts thereof and occupied or designed to be occupied
by two or more families, including two-family and multifamily dwellings and
apartments, apartment houses, condominiums and such, shall consist of one
service unit for each apartment or living quarters for a separate family unit
contained in or on such premises. In the event that such premises also contains
space not used for residence purposes, additional service units shall be determined
in accordance with the provisions for calculating nonresidential service units.
A scale of annual charges established and imposed in the sewer districts
for the use of the sewer system or any part or parts thereof.
All sewer pipes and other appurtenances which are used or useful
in whole or in part in connection with the collection, treatment or disposal
of sanitary sewage, commercial, institutional and industrial waste and other
wastes and which are owned, operated or maintained by the sewer districts
in the town, including any sewage treatment and disposal works, each part
thereof with necessary appurtenances and pumping stations.
Pursuant to the authority of the Sewer Rent Law, being Article 14-F
of the General Municipal Law of the State of New York, together with any and
all amendments thereto, there are established and imposed sewer rents as a
means of producing revenue for all sewer districts in the town for the sewer
systems now existing therein, those hereafter created and extensions of either
or all on behalf of said sewer districts.
[Amended 1-2-1996 by L.L.
No. 1-1996]
The Town Board shall annually determine and fix the amount of sewer
rent to be charged for each service unit to be charged in all town sewer districts.
[Amended 1-2-1996 by L.L.
No. 1-1996]
Sewer rents shall become due and payable annually on January 1 in each
calendar year. The Town Board shall annually cause a statement or statements
to be prepared for the respective districts which sets forth the amount of
sewer rent for each of the properties subject thereto, as well as the name
of the person in whose name such real property is assessed, which statements
are to be presented to the Town Board on or before October 15 in each year.
The Board shall levy the amounts contained in such statements against the
real property liable at the same time and in the same manner as other town
taxes. The amounts shall be set forth in a separate column in the annual tax
roll and shall be collected and enforced in the same manner and at the same
time as provided by law for the collection and enforcement of town taxes.
[Amended 2-7-1995 by L.L.
No. 3-1995]
Annual sewer rents are hereby established and imposed as follows:
A.
Jefferson Heights Sewer District: $80 per service unit,
plus $8 for each 1/10 of a service unit in excess of a full unit.
B.
Northeast Sewer District: $80 per service unit, plus
$8 for each 1/10 of a service unit in excess of a full unit.
C.
Arlington Sewer District: $117 per service unit, plus
$11.70 for each 1/10 of a service unit in excess of a full unit.
[Amended 12-7-1995 by L.L.
No. 13-1995]
D.
Pittsford Sewer District No. 1: $45 per service unit,
plus $4.50 for each 1/10 of a service unit in excess of a full unit.
Revenues derived from sewer rents paid by persons in Jefferson Heights
Sewer District shall be credited to a special fund to be known as the "Sewer
Rent Fund for Jefferson Heights Sewer District." Revenues derived from sewer
rents paid by persons in Northeast Sewer District shall be credited to a special
fund to be known as the "Sewer Rent Fund for Northeast Sewer District." Revenues
derived from sewer rents paid by persons in Arlington Sewer District shall
be credited to a special fund to be known as the "Sewer Rent Fund for Arlington
Sewer District." Revenues derived from sewer rents paid by persons in Pittsford
Sewer District No. 1 shall be credited to a special fund to be known as the
"Sewer Rent Fund for Pittsford Sewer District No. 1." Moneys in such funds
shall be used only in the manner and for the purposes specified and in the
order required by the Sewer Rent Law of the State of New York.
