[HISTORY: Adopted by the Town Board of the
Town of Chenango as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Water — See Ch. 71.
[Adopted 12-7-1981; amended in its entirety 12-21-1987]
This article shall be known and cited as the
"Town of Chenango Sanitary Sewer Ordinance" and, as such, shall govern
the installation, materials and inspection of all sanitary sewers
constructed in the Town of Chenango.
The purpose of this article is to regulate the
installation of sanitary sewer laterals, sanitary sewer connections
and type of pipe and joint materials in the Town of Chenango.
A.
BOD (denotes "biochemical oxygen demand")
BUILDING DRAIN
BUILDING OFFICIAL
BUILDING SEWER
BUILDING SEWER CONNECTION
COMBINED SEWERS
CONNECTION
COOLING WATER
ENGINEER and/or TOWN ENGINEER
GARBAGE
INDUSTRIAL WASTE
INSPECTOR
MONITORING AND ENFORCEMENT GROUP
NATURAL OUTLET
NEW SOURCE
NYSDEC
OTHER WASTES
OWNER
OWNER'S ENGINEER
PART
PERSON
pH
PLUMBING CODE
PLUMBING INSPECTOR
POLLUTANTS
POTW
PRETREATMENT
PRIVATE SEWER
PROPERLY SHREDDED GARBAGE
PUBLIC SEWER
RULES AND REGULATIONS OF THE BOARD
SANITARY OR DOMESTIC SEWAGE
SANITARY SEWER
SANITARY SEWER LATERAL
SEWAGE BOARD
SEWAGE TREATMENT PLANT
SEWAGE or WASTEWATER
SEWER SYSTEM, SEWAGE WORKS or SEWAGE SYSTEM
SLUG
SPDES PERMIT
STORM SEWER or STORM DRAIN
SUSPENDED SOLIDS
TOWN
TOWN HIGHWAY SUPERINTENDENT
TOWN TREASURER
USEPA
USER
WATERCOURSE
Unless the contents specifically indicate otherwise,
the meanings of terms used in this article shall be as follows:
The quality of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure for five days
at 20º C., expressed in parts per million by weight.
That part of the lowest horizontal piping of the drainage
system which receives the discharge from soil, waste and other drainage
pipes inside of the walls of the building and conveys it to the building
sewer beginning five feet outside of the inner face of the building
walls, and includes a house sewer or private sewer.
The Town of Chenango Supervisor or his designee.
The connection of the building sanitary sewer to the wye
in the public sewer.
The use of one conduit or pipe to carry both sanitary sewage
and stormwater. Under no circumstances will a combined sewer be allowed
in the Town of Chenango.
The method by which two pieces of sanitary sewer pipe, whether
of similar or different material, are joined or fastened together.
The water discharged from any condensation, air-conditioning,
cooling, refrigeration or other system, but which shall be free from
odor and oil. It shall contain no polluting substances which would
produce BOD or suspended solids in excess of 10 parts per million
by weight each.
The Town Engineer of the Town of Chenango or his authorized
deputy, agent or representative.
Solid wastes from the preparation, cooking and dispensing
of food and from the handling, storage and sale of produce.
Any liquid, gaseous, solid or other waste substance, or a
combination thereof, resulting from any process of industry, manufacturing,
trade or business or from the development or recovery of any natural
resources.
The person or persons designated by the Town Board to inspect
building sewer lines and connections.
The staff of technicians at the sewage treatment plant, the
Town of Chenango Superintendent and the Town Engineer, who are responsible
for administering the industrial/commercial self-monitoring program,
determining compliance with pretreatment standards and establishing
applicable charges and surcharges for industrial and commercial users
within the service area.
Any outlet into a watercourse, pond, ditch, lake or other
body of surface or ground water.
Any source of industrial waste the construction of which
is commenced after the date of promulgation of a USEPA categorical
pretreatment standard applicable to such source or within 120 days
following a proposed standard in the Federal Register which is promulgated
within that time frame.
The New York State Department of Environmental Conservation.
Garbage, refuse, decayed wood, sawdust, shavings, bark, sand,
lime, cinders, ashes, offal, oil, tar, dyestuffs, acids, chemicals
and all other discarded matter which is not sewage or industrial waste.
The legal owner of the real estate to be improved or such
person designated as his agent.
The engineer of record, with reference to the sanitary sewer
system.
As used in relation to the term "sewer system," includes
all building sewers, all branch sewers, all interceptor sewers or
all trunk sewers and any sewage treatment and disposal works, each
"part," with necessary appurtenances, including sewage pumping stations.
Any individual, firm, company, association, society, corporation
or group.
The logarithm of the reciprocal of the concentration of hydrogen
ions, in grams per liter of solution. It is used to indicate the concentration
of free acid and free alkali.
The Plumbing Code of the New York State Building Code.
The Building Permit Officer of the Town of Chenango.
Sewage and/or other wastes.
The publicly owned treatment works which include the public
sewers, pumping stations and sewage treatment plants.
Preliminary treatment rendered upon industrial or other wastes
prior to discharge to the public sewer system in order to meet prescribed
pollutant limitations.
A building sewer and connection or other sewer not controlled
by a municipality or other public authority.
Garbage that has been shredded to such 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 a public authority.
The rules and regulations relating to the use of the sewage
treatment plant.
Water-carried human or animal wastes; sewage discharging
from the sanitary conveniences of dwellings (including apartment houses
or hotels), office buildings, factories or institutions; and sewage
free from stormwater, surface waters and industrial wastes.
A pipe or conduit for carrying sewage and to which storm,
surface and ground waters are not intentionally admitted.
The pipe which is installed between the sanitary sewer street
lateral (sometimes called "street main") and the individual residence,
business or industry.
Established for the operation of the sewage treatment plant.
The term includes any duly authorized designee, agent or representative
of the Board.
Any arrangement of devices and structures used for treating
sewage.
The water-carried human or animal wastes, sanitary or domestic
sewage from residences, buildings, industrial establishments or other
places, together with such groundwater infiltration and surface water
as may be present. The admixture with domestic sewage, as above defined,
or with industrial waste or other wastes, as hereinafter defined,
also shall be considered sewage within the meaning of this article.
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 sewage, industrial waste and other wastes and which
are owned, operated or maintained by the Town, including sewage pumping
stations and sewage treatment and disposal works.
Any water or waste exceeding a concentration greater than
five times the normal sewage and which is discharged continually for
a period longer than 15 minutes.
A state pollution discharge elimination system permit issued
by the New York State Department of Environmental Conservation to
an industry or POTW authorizing the discharge of wastewaters therefrom
into the waters of the State of New York.
A pipe or conduit which carries storm- and surface water
and drainage but excludes sewage and industrial wastes. It may, however,
carry cooling water or other unpolluted waters.
Those solids that either float on the surface of or are in
suspension with water, sewage or other liquids and which are removable
by laboratory filtration.
The Town of Chenango in the County of Broome, State of New
York.
The Highway Superintendent of the Town of Chenango.
Includes the Town Supervisor of the Town of Chenango.
The United States Environmental Protection Agency.
Any person who contributes, causes or permits the contribution
of wastewater to the Town-owned public sewer system.
A channel in which a flow of water occurs, either continuously
or intermittently.
B.
"Shall" is mandatory; "may" is permissive.
A.
It shall be unlawful to place, deposit or permit the
deposit of, in any unsanitary manner, upon public or private property
within the Town of Chenango or in any area under the jurisdiction
of said Town, any human excrement, garbage or other objectionable
waste. Animal excrement may be deposited upon private property if
it is an approved agricultural use.
B.
It shall be unlawful to discharge into any natural
outlet within the Town or in any area under the jurisdiction of said
Town any sanitary sewage, industrial wastes or other polluted waters,
except where suitable treatment has been provided in accordance with
the subsequent provisions of this article, regulations of the New
York State Department of Environmental Conservation and in compliance
with federal standards promulgated pursuant to the 1972 Federal Water
Pollution Control Act Amendments, the 1977 Clean Water Act, the USEPA
General Pretreatment Regulations and the USEPA National Categorical
Standards. So far as is practicable, all industrial waste shall be
discharged into the Town's sanitary sewer system, with pretreatment,
upon issuance of a discharge permit in accordance with this article
and all applicable regulations.
C.
The discharge of industrial cooling water into the
Town's sanitary sewer system is not permitted.
D.
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 within any area where public sewer
service is available.
E.
The owners of all houses, buildings or property used for human occupancy, employment, recreation or other similar purposes, situated within the Town 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 Town, are hereby required, at the owner's expense, to install suitable toilets and facilities therein and to connect such facilities directly with the proper public sewer, in accordance with the provisions of this article, within 12 months of the adoption of this provision or within 12 months of the establishment of the sewer district wherein the property is located. In the event that any property owner fails to make a connection to the sewer system as provided herein, a failure shall constitute violation of this chapter, and such property owner shall be subject to the penalties for such offenses as provided in § 56-20 of this article. In addition, the property owner shall be charged the operation and maintenance cost from the date of violation at the same rate as though he was connected to the sewer district.
[Amended 9-13-1993 by L.L. No. 5-1993]
A.
Permit required. It shall be unlawful for any person
to make an excavation in a public street or sewer district easement
for the purpose of connecting a building sewer with a public sewer
or to connect a building sewer line with a public line without first
having applied for and received a permit from the Inspector allowing
such excavation and allowing said connection to the public trunk line
at the place indicated on the permit. All permits shall be issued
to the owner of the premises, who shall be responsible for compliance
with this article. All such connections shall be made in conformity
with this article and under the supervision of the Inspector.
B.
There shall be two classes of building sewer permits:
Class 1 for residential and Class 2 for establishments producing commercial
or industrial wastes. In either class, the owner or his agent shall
make application for such a connection on a special form furnished
by the Town. The permit application shall be supplemented by any plans,
specifications or other information considered pertinent in the judgment
of the Engineer. Permits expire 30 days from the date of issue.
C.
All costs and expenses incidental to the installation
and connection of the building sewer shall be borne by the owner of
the property being served. The owner shall indemnify the Town for
any loss or damage that may directly be occasioned by installation
of the building sewer by filing a bond with the Town Board. The bond
shall contain a clause stating that permits granted may be revoked
at any time.
D.
A separate independent building sewer shall be provided
for every building, except where one building stands at the rear of
another on an interior lot and no sewer is available or can be constructed
to the rear building through an adjoining alley, courtyard or driveway.
Under such conditions, the building sewer from the front building
may be extended to the rear building and the whole considered as one
building sewer. In addition, industrial users shall provide separate
connections for process water discharges and domestic wastes to the
public sewer system.
E.
Old building sewers may be used in connection with
new buildings only when they are found, on examination and test by
the Plumbing Inspector, to meet all requirements of this article.
F.
The building sewer shall be constructed in accordance
with the applicable portions of this article and of the New York State
Building Code with regard to the New York State Plumbing Code, as
amended.
G.
All excavations for building sewer installations shall
be adequately guarded with barricades and lights, so as to protect
the public from hazard. Streets, sidewalks, side ways and other public
property disturbed in the course of the work shall be restored in
a manner satisfactory to the Town Engineer and the Highway Superintendent.
H.
All permits necessary for the opening of Town and
county streets shall be obtained from the Town Highway Superintendent
in advance of the issuance of any sewer permit.
I.
Building sewers shall be serviced and repaired by
the owner of the property being served to the point of the property
line.
J.
No person shall discharge private wastewater within
the Town of Chenango unless a permit has been obtained, and all private
systems must comply with the standards set forth in the Broome County
Sanitary Code.
K.
District costs for unit assessments for all sewer
districts in the Town of Chenango shall be as follows:
[Added 7-19-1993 by L.L. No. 4-1993]
|
Property Use
|
Debt Assessment
| |||
|---|---|---|---|---|
|
Residential (one-family)
|
1 unit/80-foot frontage or less plus 0.0125
unit/foot in excess of 80 feet. Corner lots shall be computed on the
shorter frontage of the two streets involved plus any long side frontage
over 200 feet. Not to exceed 1.25 units
| |||
|
Residential (multiple dwelling)
|
Same as residential (one-family) plus 1 unit
per each dwelling unit over 1
| |||
|
Residential (vacant)
|
Same as residential (one-family). The debt assessment
for a vacant parcel would change in the event of the parcel being
occupied by any use other than a residential (one-family).
| |||
|
Commercial. When utilization is a combination
of commercial enterprises (i.e., shopping centers or malls), each
enterprise shall be assessed on an individual usage, and frontage
units shall not be added in more than once.
|
General unit: 1 unit for each commercial enterprise,
plus 1 unit/80-foot frontage or less, plus 0.0125 unit/foot in excess
of 80 feet. Corner lots shall be computed on the shorter frontage
of the two streets involved plus any long side frontage over 200 feet.
If commercial enterprise is not listed below, it may be assessed additional
units on a case-by-case basis.
| |||
|
(1)
|
Retail uses for food, drink, drugs, hardware,
notions, shoes, apparel, florist, appliance, home and other similar
uses
|
General unit, plus 1/10 unit for each 10,000
gallons per year of water use as metered or, if unmetered, as calculated
| ||
|
(2)
|
Laundromats
|
General unit, plus 1 unit per each washing machine
| ||
|
(3)
|
Car wash
| |||
|
(a)
|
Wand or single-bay stations
|
General unit, plus 2 units for each vehicle
station
| ||
|
(b)
|
Automatic or tunnel-type units
|
General unit, plus 2 units per vehicle capacity
of system
| ||
|
(4)
|
Motel
|
General unit, plus 1/2 unit per room; restaurant
calculated same as (1) above
| ||
|
Industrial. Factories, office buildings and
other similar uses
|
General unit: 1 unit for each industrial enterprise,
plus 1 unit/80-foot frontage or less, plus 0.0125 unit/foot in excess
of 80 feet. Corner lots shall be computed on the shorter frontage
of the two streets involved plus any long side frontage over 200 feet,
plus 1/20 unit per individual employed, plus 1/10 unit for each 10,000
gallons per year of water use as metered, or if unmetered, as calculated.
| |||
|
Churches
[Added 10-6-1997; amended 3-6-2000 by L.L. No. 2-2000] |
General unit: 1 unit for each hours of worship
building, plus 1 unit/80-foot frontage or less, plus 0.0125 unit/foot
up to 160 feet in excess of 80 feet. Corner lots shall be computed
on the shorter frontage of the two streets involved plus any long-side
frontage over 200 feet. Not to exceed 2 units
| |||
L.
The following formula shall be applied for sewer
unit charge adjustments in cases of property combined and thereafter
split in the course of sewer district bonding. It is recognized that,
during the course of special sewer district bonding, certain properties
either may have been combined to take advantage of a lesser unit charge,
or properties that were of one tax number may become split as a result
of an increase in lot density. This is possible, due to the availability
of public sewers. To provide for equitable charges, for all to share
equally in the debt payout, the following unit charge formula will
be established:
[Added 7-19-1993 by L.L. No. 4-1993]
|
Period
|
Charge Payable by Property Owners
| |
|---|---|---|
|
0 to 5 years
|
The full unit charge differential1
| |
|
6 to 10 years
|
75% of the full unit charge differential
| |
|
11 to 15 years
|
67% of the full unit charge differential
| |
|
16 to 20 years
|
25% of the full unit charge differential
|
|
NOTE:
| ||
|---|---|---|
|
1The differential
is the difference between the total unit charge based on the number
of lots, minus the amount paid currently by the property owner.
| ||
A.
No groundwaters, stormwaters, subterranean waters,
rainwaters or waters from rainspouts, cellar spouts, eaves or otherwise
shall be drained into any building sewer or trunk sanitary sewer line.
Sanitary sewer drains located in a basement or cellar may be connected
to any building sewer or trunk sanitary sewer line if the drainage
therein conveyed is solely that of sanitary sewage and/or water coming
from the water supply system of the subject premises. Any such sanitary
sewer drain shall be solely responsible for providing adequate protection
against backflow and/or back pressure.
B.
Stormwater and all other unpolluted drainage shall
be discharged into such storm sewers specifically designed therefor
or into a natural outlet or other devices approved by the Engineer.
C.
No person, firm or corporation shall install or cause
to be installed any interconnections between a potable water supply
system and any drain, sewer, pipe, open tank, pressure tank, sump
or vat or other structure which contains liquids, chemicals, nonpotable
water, sewage or any other matter unless approved by the Town Engineer.
Such interconnection shall not be subject to flooding by sewage or
surface water.
D.
No industry shall discharge any flow directly into
a sanitary or storm sewer. All such discharge shall be through a manhole
to be located between the sidewalk and curb or at a location agreed
upon, in writing, between such industry and the Town Engineer with
the written consent of the Town of Chenango.
E.
Grease, oil and sand interceptors shall be provided
when, in the opinion of the Plumbing Inspector, they are necessary
for the proper handling of liquid wastes containing grease in excessive
amounts or any flammable wastes, sand and other harmful ingredients,
except that such interceptors shall not be required for private living
quarters or dwelling units. All interceptors shall be of the type
and capacity as approved by the Plumbing Inspector and shall be so
located 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 and equipped with removable
covers which, when mounted in place, shall be gastight and watertight.
All grease, oil and sand interceptors shall be maintained by the owner,
at his expense, in continuous and efficient operation at all times.
It shall be unlawful for any unauthorized person
to maliciously, willfully or negligently break, damage, destroy, uncover,
deface or tamper with any structure, appurtenance or equipment which
is a part of the POTW. Any person violating these provisions shall
be subject to immediate arrest.
The design standards for the Town of Chenango
sanitary sewer system shall be the Standards for Waste Treatment Works,
Municipal Sewage Facilities, Ten-States Sewage Standards for Public
Works and the latest edition of the Town of Chenango Standard Specifications.
See the Town of Chenango Standard Specifications
for Public Works.[1]
A.
Applicability. The provisions of this section shall
apply exclusively to the discharge of industrial and other nonresidential
wastes to any Town-owned public sewer which conveys wastewater to
the Town of Chenango sewer treatment plant.
B.
DISCHARGE PERMIT
NORMAL SEWAGE
SIGNIFICANT INDUSTRIAL USE
SUPERINTENDENT OF SEWER DISPOSAL PLANT/PUBLIC WORKS
UNPOLLUTED WATER or UNPOLLUTED WASTE
TOWN
Definitions. Unless the contents specifically indicate
otherwise, the meaning of terms used in this section shall be as follows:
A permit issued by the Town Engineer and the Building Official
authorizing the discharge of industrial wastes into the public sewer
system. Such consent shall be reflected by the affixing of the signatures
of both officials on the permit for validation, and copies shall be
kept on file in the office of the Town of Chenango.
Sewage shall be regarded as normal for the Town if analyses
show, by weight, a daily average of not more than 400 parts per million
of suspended solids, nor more than 240 parts per million of BOD, and
not more than 50 parts per million of either soluble matter (grease
or oil) each per million gallons of daily flow and is neither a prohibited
discharge nor other constituents in excess of the limits stipulated
in this article.
Any industry subject to promulgated categorical pretreatment
standards which uses annually more than 10,000 pounds or 1,000 gallons
of raw material containing priority pollutants of which a measurable
amount are discharged from the process to the public sewer system
and treatment plant and as otherwise defined by NYSDEC and USDPA.
The Superintendent and/or his authorized deputies, agents
or representatives of the Town of Chenango responsible for the operation
and maintenance of the sewage treatment plant under the provisions
of the Environmental Conservation Law and the SPDES permit issued
to the Town thereunder.
Any water or waste containing none of the following: free
or emulsified grease or oil; acids or alkalis; phenols or other substances
imparting taste or odor to receiving waters; toxic or poisonous substances
in suspension, colloidal state or solution; and noxious or odorous
gases. It shall contain not more than 10,000 parts per million by
weight of dissolved solids, of which not more than 2,500 parts per
million shall be as chloride, with permissible volumes subject to
review by the Engineer, and not more than 10 parts per million each
of suspended solids and BOD. The color shall not exceed 50 parts per
million.
The Town of Chenango.
C.
Prohibited discharges.
(1)
No person shall discharge or cause to be discharged
into any public sewer any of the following described substances, materials,
waters or wastes:
(a)
Any liquid or vapor having a temperature higher
than 150º F (65.56º C). In such cases, the Engineer may
require installation by the industry of an approved temperature recorder
in the receiving sewer.
(b)
Any water or wastes which contains grease or
oil or other substance that will solidify or become discernibly viscous
at temperatures under 120º F; any water or wastes containing
emulsified oil and grease exceeding, on analysis, an average of 50
parts per million (417 pounds per million gallons) of either solution
matter.
(c)
Any gasoline, benzene, naphtha, fuel oil or
mineral oil or other flammable or explosive liquid, solid or gas.
(d)
Any water or wastes that contain more than two
parts per million by weight of the following gases: hydrogen sulfide,
sulfur dioxide or oxides of nitrogen.
(e)
Any ashes, cinders, sand, mud, straw, shavings,
metal, glass, rubber, rags, feathers, tar, fleshings, entrails, lime
slurry, lime residues, beer or distillery slops, chemical residues,
paint residues, cannery waste, bulk solids or any solid or viscous
substance capable of causing obstruction to the flow in sewers or
other interference with the proper operation of the sewage plant.
(f)
Any waters or wastes that contain phenols in
such quantity that the aggregate of contributions throughout the area
of service creates treatment difficulties or produces a plant effluent
which may be unsatisfactory.
(g)
Any waters or wastes, acid or alkaline, in reaction
and having corrosive properties, capable of causing damage or hazard
to structures, equipment or personnel of the sewage plant. Free acids
and alkalis of such wastes must be neutralized at all times within
a permissible range of pH between 6.0 and 9.0.
(h)
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 or stormwater overflows or the
effluent of the sewage treatment plant, including the meeting of SPDES
effluent criteria.
(i)
Any water or waste containing the discharge
of strong-acid iron-pickling wastes or concentrated plating solutions,
whether neutralized or not.
(j)
Any waters containing suspended solids of such
character and quantity that unusual provisions, attention or expense
is required to handle such materials at the sewage treatment plant.
(k)
Any noxious or malodorous gas or substance which,
either singly or by interaction with any waste, is capable of creating
a hazard of menace to life or property or capable of preventing entry
into sewers for their maintenance and repair.
(l)
Any radioactive substances without a special permit to be applied for and issued in the same manner as set forth in § 56-5.
(m)
Any waters or wastes that, for a duration of
15 minutes, have a concentration greater than five times that of normal
sewage, as measured by suspended solids and BOD.
(n)
Any concentrated dye wastes, spent tanning solutions
or other wastes which are highly colored, or wastes which are of unusual
volume, concentration of solids or composition, such as, for example,
total suspended solids of inert nature (such as fuller's earth) and/or
total dissolved solids (such as sodium chloride, calcium chloride
or sodium sulfate) or wastes which are unusual in BOD.
(o)
Any water or wastes which, by interaction with
other waters or wastes in the public sewer system, release obnoxious
gases or develop color of undesirable intensity or form suspended
solids in objectionable concentration or create any other condition
deleterious to structures and treatment processes.
(p)
Any garbage other than properly shredded by
garbage grinders approved by the Town Engineer.
(q)
Any wastes which will cause interference, as
defined by CFR 403.3, with the sewage collection.
(2)
Pollutant concentrations.
(a)
Notwithstanding the provisions of § 56-5, any discharge into the public sewer of wastes whose concentration exceeds the following pollutant limits is prohibited:
[1]
Arsenic: 0.68 milligrams per liter.
[2]
Cadmium: 0.27 milligrams per liter.
[3]
Chromium: 0.80 milligrams per liter.
[4]
Copper: 0.90 milligrams per liter.
[5]
Cyanide: 0.26 milligrams per liter.
[6]
Iron: 5.00 milligrams per liter.
[7]
Lead: 0.23 milligrams per liter.
[8]
Nickel: 1.00 milligrams per liter.
[9]
Silver: 0.13 milligrams per liter.
[10]
Zinc: 0.80 milligrams per liter.
(b)
At no time shall the maximum measured concentration
exceed five times the average thirty-day concentration limits specified
above. "Average concentration" means a twenty-four-hour composite
sample. "Instantaneous" stands for a grab sample.
(c)
Upon promulgation of each federal categorical
pretreatment standard for a particular industrial subcategory, the
federal standard, if more stringent than limitations imposed under
this article, shall immediately supersede those limitations for that
particular industrial subcategory. The Town of Chenango Building Official
will notify all affected users of the EPA's promulgation of new pretreatment
standards which shall have full force and effect as if written in
this article. All other local law limits affecting other users shall
remain in effect.
(3)
Any industry discharging more than 10,000 gallons per day into the public sewer system shall be required to obtain a discharge permit in the manner as set forth in § 56-5 and install a sewage flow meter at each connection to the public sewer. Said flow meter shall record the total gallonage passing through the meter and shall be of a manufacture approved by the Town Engineer. Responsibility for keeping said flow meter in continuous, efficient operating order shall rest with the owner and/or operator of the industry discharging the sewage, all at his expense.
(4)
The admission into the public sewers of any waters
or wastes having any of the following characteristics shall be prohibited:
(a)
A BOD of more than 240 parts per million.
(b)
A suspended solids content greater than 400
parts per million.
(d)
Pollutants exceeding the limits prescribed in
the preceding subsections of this section. Dilution shall not be permitted
or accepted as a substitute or alternate for adequate pretreatment.
(5)
Where pretreatment facilities are provided for any
water or wastes, they shall be maintained continuously in satisfactory
and effective operation by the owner at his expense and shall be subject
to the periodic inspection by the Town Engineer and the Town of Chenango
Building Official. They must produce an effluent conforming to the
provisions of this article. The owner shall maintain operating records
and shall submit to the Town Engineer and the Town of Chenango Building
Official a monthly summary report of the character of the influent
and effluent as may be prescribed by the Town Engineer to show satisfactory
performance of the treatment facilities. No subsequent alterations
and additions to such pretreatment facilities shall be made without
prior approval of the Town Engineer. The Town Engineer and/or the
Building Official of the Town shall have the absolute right to inspect
and copy all applicable user records, during regular business hours,
in accordance with the requirements of 40 CFR 403.12 for inspectors.
(6)
Any approval by the Engineer and/or the Building Official
of the type, kind or capacity of an installation shall not relieve
the owner of the responsibility of revamping, enlarging or otherwise
modifying an installation if it is found inadequate to accomplish
the intended purpose.
(7)
All measurements, tests and analyses of the characteristics
of waters and wastes to which reference is made herein shall be determined
in accordance with Standard Methods for the Examination of Water and
Wastewater and shall be determined at a control manhole provided for
herein, upon the taking of suitable samples at said control manhole.
In the event that no 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 or as
otherwise prescribed by the New York State Department of Environmental
Conservation and United States Environmental Protection Agency standards
for analysis of pollutants.
(8)
If wastewaters containing any substance described in Subsection C(4) of this section are discharged or proposed to be discharged into the local sewer system or into the sewage treatment plant, the Town Engineer, in concert with the Town of Chenango Building Official, may take any action necessary to:
(a)
Prohibit the discharge of such wastewater.
(b)
Require a discharger to demonstrate the in-plant
modifications will reduce or eliminate the discharge of such substances
in conformity with this article.
(c)
Require pretreatment, including storage facilities
or flow equalization, necessary to reduce or eliminate the objectionable
characteristics or substances so that the discharge will not violate
this article.
(d)
Require the person making, causing or allowing
the discharge to pay any additional cost or expense incurred for handling
and treating excess loads imposed on the local sewer system and the
sewage treatment plant.
(9)
Self-monitoring reports shall be submitted by significant
industrial users and shall include information on slug loadings that
may interfere with or disrupt the process operation at the sewage
treatment plant. These will be reviewed by the Monitoring and Enforcement
Group. Falsification of information will be subject to penalties as
determined by these regulations, to the extent provided by law.
(10)
Each industrial user shall provide protection from
accidental discharge of prohibited materials or other regulated wastes.
Facilities to prevent accidental discharge of prohibited materials
shall be provided and maintained at the owner's or operator's own
cost and expense. Detailed plans showing facilities and operating
procedures to provide this protection shall be submitted to the Town
Engineer and the Town of Chenango Building Official and shall be approved
by them before construction of the facility. Review and approval of
such plans and operating procedures shall not relieve the industrial
user from the responsibility to modify his facility as necessary to
meet the requirements of this article.
(11)
If at any time a facility has not complied with or
will be unable to comply with any prohibition or limitations in this
article, the facility responsible for such discharge shall immediately
notify the Town Engineer and the Building Official so that corrective
action may be taken to protect the treatment plant. In addition, a
written report addressed to the Commissioner of Public Works, the
Superintendent of Public Works and the Town Engineer, detailing the
date, time and cause of such discharge, the quantity and characteristics
of the discharge and corrective action taken to prevent future discharges
shall be filed by the responsible industrial facility within five
days of the occurrence of the noncomplying discharge.
D.
Power and authority of inspectors.
(1)
The Town Engineer and other duly authorized officers
and employees of the USEPA, the NYSDEC and the Town of Chenango shall
be permitted to enter upon all private and public property for the
purpose of inspection, observation, measurement, sampling and testing
in accordance with the provisions of this article during any reasonable
hour of the day or at any time during an emergency.
(2)
The Town Engineer and/or the Town of Chenango Building
Official may cease wastewater treatment services by suspension of
the discharge or special permit held by a user when, in his opinion,
suspension is necessary to avert an actual or threatened discharge
which presents or may present an imminent or substantial endangerment
to the health or welfare of persons, to the environment or would cause
interference with the POTW operation or cause a violation of the treatment
plant SPDES permit.
(3)
Should a user fail to comply with the suspension notice,
the Town Engineer and/or the Town of Chenango Building Official may
take such steps as he deems necessary, including the immediate physical
severance of the sewer conditions to the public sewer system.
(4)
Services shall be restored upon proof of the elimination
of the noncomplying discharge. Such proof shall be in the form of
a written report by the user describing the causes of the condition
and the measures taken to prevent future occurrences, followed by
an inspection of the facility by the Town Engineer and the Town of
Chenango Building Official to verify such measures.
(5)
The Town Engineer and/or the Town of Chenango Building
Official may suspend the permit of a user who violates the following
conditions of this article or applicable state and federal regulations:
(a)
Failure of a user to factually report the wastewater
constituents and characteristics of its discharge.
(b)
Failure of a user to report significant changes
in operations and waste characteristics, as well as additions to pretreatment
or flow control facilities.
(c)
Refusal of reasonable access to the user's premises
for the purpose of inspection or monitoring.
(d)
Failure of a user to correct permit condition
violations within the time designated by a notice of violation.
(6)
Nothing under this section shall be construed to reduce
in any manner the power of the Town Engineer and the Town of Chenango
Building Official to refuse the acceptance of a discharge if, in their
opinion, there is noncompliance with the provisions of the law.
E.
Industrial pretreatment and enforcement procedures.
(1)
Whenever the Town Engineer and/or the Town of Chenango
Building Official determines that there are reasonable grounds to
believe that there has been a violation of any provision of this article
or of any rule or regulation adopted pursuant thereto, he shall give
notice of such violation to the person or persons responsible therefor,
as herein provided. Such notice shall:
(a)
Be in writing.
(b)
Include a statement of the reasons why it is
being used with reference to the sections of this article deemed to
be violated.
(c)
Allow a reasonable time for the performance
of any act it requires, not to exceed 30 days.
(d)
Be served upon the owner or his agent and the
occupant, as the case may be, either by registered or certified mail
or by personal service.
(e)
May also contain an outline of remedial action,
which, if taken, will effect compliance with the provisions of this
article and/or with rules and regulations adopted pursuant thereto.
(2)
Corrections; hearings.
(a)
If the violation is not corrected by timely
compliance, the Town Engineer and/or the Town of Chenango Building
Official may order any person who causes or allows an unauthorized
discharge to show cause why service should not be terminated. A notice
shall be served on the offending party, specifying the time and place
of a hearing to be held regarding the violation and directing the
offending party to show cause why an order should not be made directing
the termination of service. The notice of the hearing shall be served
personally or by registered or certified mail, return receipt requested,
at least 10 days before the hearing. Notification may be made on any
agent or officer of a corporation. The Town may conduct the hearing
and take the evidence or may designate any of its members or any officer
or employee to:
[1]
Issue, in the name of the Town, notices of hearings
requesting the attendance and testimony of witnesses and the production
of evidence relevant to any matter involved in any such hearings.
[2]
Take the evidence.
[3]
Transmit a report of the evidence and hearing,
including transcripts and other evidence, together with the recommendations
to the Town and/or village for action thereon.
(b)
At any order to show cause hearing, testimony
taken before the hearing authority or any person designated by it,
must be under oath and recorded stenographically. The transcript or
any part thereof so recorded will be made available to any member
of the public upon payment of the cost of preparing the same. The
Town and/or village, however, may, pursuant to law, order certain
portions of the hearing to be held in private session. The transcripts
of any hearing held in private session will not be made available
to members of the public except as provided by law.
(c)
After the Town has reviewed the evidence, it
may issue an order to the person responsible for the discharge directing
that, following a specified time period, that the person's discharge
permit be revoked and that sewer service be discontinued unless adequate
pretreatment facilities, devices or other related appurtenances shall
have been installed or existing pretreatment facilities, devices or
other related appurtenances are properly operated and such further
orders and directives as necessary and appropriate are complied with.
(3)
Any continuance of a violation of the substantive
provisions of this article shall be considered a public nuisance.
If any person continues to discharge sewage, industrial wastes or
other wastes into the public sewer system or into the Town of Chenango
sewage treatment plant in violation of this article or any order of
the Town, the governing body may commence an action for appropriate
legal and/or equitable relief.
F.
Penalties for offenses.
(1)
Except as may otherwise be determined through the
legal process under pretreatment enforcement procedures, any person
violating any provision of this article shall be liable to a fine
of not less than $100 nor more than $500 in amount or to imprisonment
not exceeding 150 days, or to both such fine and imprisonment. Each
day in which any violation of any provision of this article shall
continue shall be deemed a separate violation. In addition, the Town
may recover court costs, attorneys' fees and other litigation expenses
against the person found in violation of the provisions of this article,
and the person shall also become liable to the Town for any expense,
loss or damage sustained or incurred by the Town by reason of such
violations. All moneys received as payment of fines shall be deposited
into the sewer fund.
(2)
Any person violating any provisions of this article
shall become liable to the Town and/or village for any expense, loss
or damage sustained or incurred by the Town and/or village by reason
of such violation. All moneys received as payment of damages related
to the POTW shall be deposited into the sewer fund.
G.
User charge system.
(1)
A user charge system shall be employed to provide
for the recovery of costs from all users of the POTW based on measured
sewage flows (or water consumption records), biochemical oxygen demand,
suspended solids and other pollutants for which costs of treatment
and/or disposal can be assigned. Surcharges shall be applied for biochemical
oxygen demand and suspended solid concentrations which exceed normal
sewage limits. Costs to be recovered by the user charge system shall
include the operation and maintenance of the sewage treatment plant
and intercepting system in addition to the pretreatment monitoring
and enforcement program described in this article. Separate fee schedules
shall be established for permit applications from industrial users.
(2)
The formulation of user charge rates will be determined
semiannually by the POTW Monitoring and Enforcement Group from actual
operating data for the sewage treatment plant and intercepting sewers
and the information obtained on each user of the system. For the first
billing in a given fiscal year, user charge rates will be predicted
upon operation and maintenance budget estimates for that fiscal year.
For the final billing, user charge rates will be adjusted to reflect
actual costs incurred by the POTW for the given fiscal year.
(3)
Debt service on capital expenditures will not be included
under the user charge cost recovery system.
H.
Permits.
(1)
Upon completion of this article, every commercial,
business and industrial user, whether or not a significant industrial
user, will be given six months to file for a waste discharge permit.
A completed application shall contain the information that would be
required to evaluate the industry's waste discharge permit. A completed
application shall contain the information that would be required to
evaluate the industry's waste stream in the case of an industry. In
the case of a commercial business or other nonresidential or nonindustrial
user, the information required will address substances of concern
as defined by the New York State Department of Environmental Conservation.
The forms for which the application is required shall contain all
references to listed substances of concern or, in the case of industries,
the contents of the waste stream as defined under the Environmental
Conservation Law of the State of New York and by the Environmental
Protection Agency through published rules and regulations, as amended
at the time of the application. Based on information presented in
the completed application, the Monitoring and Enforcement Group will
decide whether:
(2)
Applicants for an industrial wastewater discharge
permit shall complete a prescribed form available at the Town of Chenango
Clerk's office. The application will be approved if the applicant
has complied with all applicable requirements of this article.
(3)
Users required to file for a discharge permit or special
permit shall complete and file an application with the Town Clerk.
The application shall be accompanied by a fee of $250 for each connection
to the public sewer system from the user's facilities in the case
of significant industrial users.
(4)
For the purposes of this section, a "significant industrial
user" includes:
(a)
All industries subject to promulgated categorical
pretreatment standards.
(b)
Industries having substantial impact, either
singly or in combination with other contributing industries, on the
operation of the treatment works.
(c)
Manufacturing industries using on an annual
basis more than 10,000 pounds or 1,000 gallons of raw material containing
priority pollutant/substances of concern and discharge immeasurable
amount of these pollutants to the sewer system from the process using
these pollutants.
(d)
Those industries discharging more than 5% of
the flow or load carried by the treatment plan receiving the waste.
(e)
As otherwise defined by EPA or DEC.
(5)
No fee shall be charged to any nonresidential commercial
business user who does not qualify as a significant industrial user
as herein defined.
(6)
Should pretreatment or other operational controls
be determined as necessary by the Monitoring and Enforcement Group
in order to comply with the provisions of this article or USEPA national
categorical standards, as they are promulgated, a waste discharge
permit may be used, conditionally providing sufficient time for the
user to commence proceedings for the design, construction and approval
of a suitable pretreatment facility or other operational controls
meeting the prescribed standards. Such conditional permit shall require
renewal every six months, wherein satisfactory progress on the implementation
of the facility construction shall be demonstrated. Where progress
is unsatisfactory to the Town of Chenango Superintendent of Public
Works, he may delay issuance of a renewal permit until satisfactory
progress is demonstrated. Each day the user discharges wastes without
a valid permit constitutes a violation of this article.
(7)
Within six months of promulgation of a national categorical pretreatment standard, the discharge permit of users subject to such standard shall be revised to comply with the limits specified therein within the time frame set forth by such standard. Users shall have 90 days thereafter to submit new permit applications to the Town of Chenango Superintendent of Public Works, which shall include a report on the disposition of pollutants in their waste streams so affected and, if necessary, a schedule for the construction of pretreatment facilities or other operational controls for meeting the prescribed standard. Conditional permits may be issued as in subsection (6) above.
(8)
Discharge permits shall be expressly subject to all
provisions of this article and all other applicable regulations, user
charges, compliance schedules, reports and other conditions deemed
appropriate by the Town of Chenango Superintendent of Public Works.
(9)
Discharge permits shall require renewal annually.
At least one month shall be allowed for processing and issuing of
renewal permits. All users required to have discharge permits shall
have a valid permit in continuous effect at all times. Each day's
lapse constitutes a separate violation of this article.
(10)
Discharge permits are issued to specific users for
specific operations. Permits shall not be assigned, transferred or
sold to a new owner, new user, a different premises or to a new or
changed operation. Each new owner shall be required to apply for a
new discharge permit within 60 days of assuming ownership but prior
to commencing waste discharges from an interrupted or modified operation.
A.
The invalidity of any section, clause, sentence or
provision of this article shall not affect the validity of any other
part of this article which can be given effect without such invalid
part or parts.
B.
It is not intended by this article to repeal by implication
any existing or future rules or regulations of the New York State
Department of Environmental Conservation, the Federal Environmental
Protection Agency or the Broome County Department of Health.
C.
Nothing herein shall be deemed to relieve any person
of the duty and responsibility of complying with the New York State
Building Code or the Broome County Sanitary Code, as amended.
Should any section, paragraph, sentence, clause
or phrase of this article be declared unconstitutional or unjust for
any reason by a court of competent jurisdiction, the remainder of
this article shall not be affected thereby.
All resolutions, ordinances or local laws or
portions thereof of the Town of Chenango not consistent with this
article, in whole or in part, shall be repealed.
Except as otherwise provided herein, the provisions
of this article are applicable to all users of the public sewer system.
This article shall take effect immediately upon
its filing with the office of the Secretary of State in accordance
with the provisions of § 27 of the Municipal Home Rule Law.
[Adopted 6-17-1985 byL.L. No. 1-1985]
The discharge of industrial wastes into the
Town-owned public sewer system shall, in addition to any other requirements
of this article, be governed by the provisions of this article.
As used or referred to in this article, unless
a different meaning clearly appears from the context, the following
terms shall have the meanings indicated:
The Town of Chenango Sewage Board, established for the operation
of a sewage treatment plant. The term includes any duly authorized
designee, agent or representative of the Board.
Any nonresidential user of the Town-owned public sewer system
which is identified in the Standard Industrial Classification Manual,
1972, Office of Management and Budget, as amended and supplemented,
under one of the following divisions:
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Division A: Agriculture, forestry and fishing.
| |
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Division B: Mining.
| |
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Division D: Manufacturing.
| |
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Division E: Transportation, communication, electrical,
gas and sanitary services.
| |
|
Division I: Services.
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Any discarded matter, including any liquid, gaseous or solid
substance or a combination thereof, resulting from any process of
industry, manufacturing, trade or business or from development or
recovery of natural resources. The term shall not include garbage.
A permit issued by the Board authorizing the user to deposit
or discharge industrial wastewater into any Town-owned public sewer
served by the Town of Chenango Sewage Treatment Plan.
The Town of Chenango Sewage Treatment Plant. The term includes
all intercepting sewers, outfall sewers, sewage collection systems,
pumping, power and other equipment and appurtenances under the jurisdiction
and control of the Town of Chenango Sewage Board.
Any individual, firm, company, partnership, association and
private or public and municipal corporations, responsible corporate
officer, the United States of America, the State of New York, districts
and all political subdivisions, governmental agencies and mandatories
thereof.
The reduction of the amount of pollutants, the elimination
of pollutants or the alterations of the nature of pollutant properties
in wastewater prior to discharge to the Town-owned public sewer system.
The rules and regulations relating to the use of the Town
of Chenango Sewage Treatment Plant promulgated by the Town of Chenango
Sewage Board.
The Town of Chenango.
Any person who contributes, causes or permits the contribution
of wastewater into the Town-owned public sewer system.
The water-carried domestic, human or animal waste from residences,
buildings, industrial establishments or other places, together with
such ground infiltration, industrial and commercial wastes as may
be present.
A.
Notwithstanding any other provisions of law, the admission
into the Town-owned public sewers of any industrial wastes shall be
subject to the review and approval of the Sewage Board. The Board
is hereby granted authority, concurrent with that of the Town, to
enforce against any user within the Town, all requirements necessary
to ensure compliance with the provisions of the rules and regulations
of the Board. Nothing contained herein, however, shall be construed
as precluding the Town from seeking against any user such remedial
action as it deems appropriate for correcting any violation of its
local laws, ordinances or regulations governing use of the Town public
sewer system.
B.
In exercising its authority over users discharging
industrial wastes into the Town public sewer system, the Board may:
(1)
Require pretreatment of the user's wastewater to a
condition acceptable for discharge to the public sewer;
(2)
Require the user to apply for and obtain an industrial
wastewater discharge permit as a means of controlling the quantities
and rates of discharge;
(3)
Require payment by the user to cover any added cost
of handling and treating the wastewater not covered by existing fees
or charges;
(4)
Require the development of compliance schedules by
the user to meet any applicable requirements prescribed by the Board's
rules and regulations:
(5)
Require the user to submit such reports and supplemental
information which the Board deems necessary to assure compliance with
any applicable requirements prescribed by the Board's rules and regulations;
(6)
Carry out all inspection, surveillance and monitoring
necessary to ascertain the user's compliance with the applicable requirements
prescribed by the Board's rules and regulations;
(7)
Investigate or make inquiry in a manner to be determined
by it as to any condition within the Town affecting the operation
of the sewage treatment plant and as to any alleged act or omission
or failure to comply with the Board's rules and regulations;
(9)
Reject the user's wastewater, where the Board determines
that the wastewater contains substances or possesses characteristics
which have a deleterious effect on the sewage treatment plant and
its appurtenant facilities or the processes, equipment or receiving
waters of the treatment plant, or which constitute a public nuisance
or hazard; or
(10)
Take such other measures as it deems necessary and
proper to ensure compliance with this article, with applicable state
and federal law and with the rules and regulations of the Board.
The Sewage Board and representatives of the
Environmental Protection Agency and Department of Environmental Conservation
bearing proper credentials and identification shall be permitted to
enter all properties at all reasonable times for the purposes of inspection,
observation, sampling, flow measurement and testing to ascertain a
user's compliance with applicable provisions of federal, state and
local law governing use of the Town public sewer system and with the
provisions of the rules and regulations of the Board. The Board shall
have the right to set up on the user's property such devices as are
necessary to conduct sampling or flow measurement. The Board shall
additionally have access to and may copy any records the user is required
to maintain under the rules and regulations of the Board. Where a
user has security measures in force which would require proper identification
and clearance before entry into the premises, the user shall make
necessary arrangements so that, upon presentation of suitable identification,
inspecting personnel will be permitted to enter without delay for
the purpose of performing their specific responsibilities.
A.
No user discharging or proposing to discharge wastewater
into the Town public sewer system shall violate any of the provisions
of or fail to perform any duty imposed by the rules and regulations
of the Board or any order or determination of the Board promulgated
thereunder or the terms and conditions of any permit issued by the
Board.
B.
No unauthorized person shall maliciously, willfully
or negligently break, damage, destroy, uncover, deface or tamper with
any structure, appurtenance or equipment which is under the jurisdiction,
ownership or control of the Sewage Board.
C.
No person shall tamper with or knowingly render inaccurate
any measuring device or mechanism installed pursuant to any requirement
under the rules and regulations of the Board.
D.
No person shall knowingly make any false statement
in any application, report or other document required to be filed
pursuant to any provision of the rules and regulations of the Board.
In addition to any other fees, charges, sewer
rents or sanitary district taxes provided by law, industrial users
shall pay to the Sewage Board an industrial waste surcharge for the
privilege of using the sewage treatment plant for treating industrial
wastes or other special wastes accepted for discharge into the Town
public sewer system. The industrial waste surcharge shall be computed
and collected by the Board in accordance with its rules and regulations.
A.
Any person who violates any provision of this chapter
shall be liable to the Board for a civil penalty of not less than
$100 and not more than $500 for each violation, to be assessed by
the Board after a hearing or opportunity to be heard in accordance
with the procedures set forth in the Board's rules and regulations.
Each violation shall be a separate and distinct violation, and in
the case of a continuing violation, each day's continuance thereof
shall be deemed a separate and distinct violation. Such penalty may
be recovered in an action brought by the Board's attorney in any court
of competent jurisdiction.
[Amended 9-13-1993 by L.L. No. 5-1993]
B.
In addition to the power to assess penalties as set forth in Subsection A above, the Board is hereby empowered, following a hearing or opportunity to be heard in accordance with the provisions of its rules and regulations, to issue an order in the name of the Board and of the Town enjoining the violator from continuing the violation. Any such order of the Board shall be enforceable in an action brought by the Board's attorney in any court of competent jurisdiction.
C.
Any civil penalty or final order issued by the Board pursuant to Subsection B may be reviewed in a proceeding brought pursuant to Article 78 of the New York Civil Practice Law and Rules. Application for such review must be made within 30 days after service in person or by mail of a copy of the determination or order upon the attorney of record for the applicant and of each person who has filed a notice of appearance or upon the applicant in person if not represented by an attorney.
D.
Any person who willfully violates any provisions of Chapter 56 shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $300 nor more than $1,000 or by imprisonment of not more than six months, or by both such fine and imprisonment. Each offense shall be a separate and distinct offense and, in a case of a continuing offense, each day's continuance thereof shall be deemed a separate and distinct offense.
E.
Any person or property owner violating any provision of this Chapter 56 shall be liable to the Sewage Board for any expense, loss or damage occasioned to the Board by reason of such violation and any expense incurred in correcting the violation.
[Amended 9-13-1993 by L.L. No. 5-1993]
F.
The Board's attorney or the Town Attorney, at the request of the Sewage Board, shall have the right to seek equitable relief in the name of the Town to restrain the violation of or to compel compliance with any provisions of this Chapter 56 above.
[Amended 9-13-1993 by L.L. No. 5-1993]
G.
Notwithstanding any inconsistent provisions of law,
whenever the Board finds, after investigation, that any user within
the Town is causing, engaging in or maintaining a condition or activity
which, in its judgment, presents an imminent or is likely to result
in irrevocable or irreparable damage to the Town of Chenango Treatment
Plant, and it, therefore, appears to be prejudicial to the public
interest to delay action until notice and an opportunity for a hearing
can be provided, the Board may, without prior hearing, order such
user by notice in writing. wherever practicable, or in such other
form as in the Board's judgment will reasonably notify such person
whose practices are intended to be proscribed, to discontinue, abate
or alleviate such condition or activity; and thereupon such person
shall immediately discontinue, abate or alleviate such condition or
activity. In the event of a user's failure to comply voluntarily with
such emergency order, or where the giving of notice is impracticable,
the Board may take all appropriate action (including disconnecting
the user's premises from the Town public sewer system) in order to
abate the violating condition. As promptly as possible thereafter,
not to exceed 15 days, the Board shall provide the user an opportunity
to be heard in accordance with the provisions of its rules and regulations.
Town officers and employees shall cooperate
fully with the Board in the Board's enforcement and administration
of its rules and regulations within the Town.
