[Adopted 5-12-1986 by L.L. No. 3-1986 (Ch.
46, Arts. I through X of the 1975 Code)]
This article shall be known as the Town of Blooming
Grove "Sewer Local Law Regulating the Use of Public and Private Sewers
in the Town of Blooming Grove, Orange County, New York."
The short title of the article shall be known
as the "Sewer Use Local Law."
The purpose of this article is to protect the
public health and environment and prevent nuisances by:
A.
Providing for maximum efficiency and effectiveness
in the construction, operation and maintenance of the Town's sewer
system.
B.
Regulating all connections to, discharges to and usage
of the Town's sewer system.
C.
Requiring treatment, prior to introduction into the
sewer system and other sewers tributary thereto of such wastes as
may be harmful to the physical structure of the system or disruptive
of the normal treatment process.
D.
Requiring connection to and use of the sewer system;
E.
Prohibiting the introduction into the sewer system
and other sewers tributary thereto of such wastes whose flammable,
poisonous or hazardous volume or inordinate rate of flow may be harmful
or disruptive to the system, its operation and maintenance or its
operation and maintenance personnel.
F.
Providing for the efficient and effective use of disposal
systems not owned by the Town by regulating their construction, operation
and maintenance.
B.
ASTM
BOD (biochemical oxygen demand)
BUILDING DRAIN
BUILDING SEWER
COOLING WATER
DEPARTMENT OF HEALTH
DISPOSAL SYSTEM
DRAINAGE DISCHARGES
GARBAGE
INDUSTRIAL PROCESS WATERS OR PROCESS WATERS
INDUSTRIAL WASTES
INTERCEPTOR
MUNICIPALITY
NATIONAL CATEGORICAL PRETREATMENT STANDARD
NYSDEC
OTHER WASTES
pH
PERSON
POLLUTED
PRIVATE
PROPERLY SHREDDED GARBAGE
PUBLIC
RECEIVING WATERS
SANITARY SEWER
SCAVENGER WASTES
SEWAGE
SEWER
SEWAGE DISPOSAL SYSTEM
SEWER SYSTEM OR SEWER DISTRICT
SLOPE
SLUG
SPDES (STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM)
STANDARD METHODS FOR THE EXAMINATION OF WATER AND WASTEWATER
STORM SEWER or STORM DRAIN
SUSPENDED SOLIDS
TOWN
TOXIC SUBSTANCE
TREATMENT PLANT or SEWAGE TREATMENT PLANT
UNREASONABLE ADVERSE EFFECTS
USEPA
WASTE
WPCF
Unless the context specifically indicates otherwise,
the meaning of the terms used in this article shall be as follows:
The American Society for Testing and Materials.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20° C. (68° F.) expressed in parts per million (ppm) or
milligrams per liter (mg/l).
That part of the lowest horizontal piping of a building drainage
system which receives the discharge from soil, waste and other drainage
pipes inside the walls of any building and conveys such discharge
to the building sewers beginning three feet outside of the outer face
of the building wall.
That part of the horizontal piping of a drainage system which
extends from the end of the building drain and which receives the
discharge of the building drain and conveys it to a sewer. The materials
used to connect the building sewer to the Town's sewer shall be deemed
part of the building sewer.
The water discharge from any system of condensation, air
conditioning, cooling or refrigeration and carrying no contamination
other than abnormal heat.
The Orange County Department of Health.
The entire system of sewers, treatment facilities and their
appurtenances for collecting and treating sewage, industrial waste
and other wastes.
Stormwater surface runoff, groundwater, roof runoff and the
like.
Solid wastes from the domestic or commercial preparation,
cooking and dispensing of food or from handling, storage and sale
of produce.
The waters which are ordinarily a constituent part of and
are polluted by industrial wastes.
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.
A device designated and installed so as to separate and retain
deleterious, hazardous or undesirable matter such as grease, oil or
sand from wastes.
The Town of Blooming Grove, New York.
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with § 307(B) and (C) of the Act
(22 U.S.C. 1347), which applies to a specific category of industrial
users. These standards apply at the end of the categorical process
("end of process").
The New York State Department of Environmental Conservation.
Garbage, refuse, decayed wood, sawdust, shavings, bark, sand,
lime, cinders, ashes, offal, oil, tar, dye stuffs, acids, chemicals
and all other discarded matter not sewage or industrial waste.
The logarithm of the reciprocal of the weight of hydrogen
ions in grams per liter of solution.
Any individual, partnership, firm, company, association,
society, corporation or group.
The alteration of the biological, chemical, radiological
or aesthetic integrity of water from the presence of sewage, industrial
waste or other waste.
When used as a modifier, shall mean those facilities not
owned by the municipality or a public entity.
Garbage that has been processed and treated according to
Town regulations and standards and been shredded to such degree that
all particles will be carried freely under the flow conditions normally
prevailing in Town sewers, with no particle greater than 1/2 inch
in any dimension.
Those facilities owned or operated by a sewage works corporation
under the Transportation Corporation Law or by a governmental entity
other than the municipality.
A natural watercourse or any other body of surface or ground
water into which treated or untreated sewage is discharged.
A sewer which carries sewage and to which storm-, surface
and ground waters are not intentionally admitted.
The human fecal matter collected from privies, septic tanks,
cesspools, recreational vehicles and chemical toilets.
The water-carried human or animal wastes from residences,
buildings, industrial establishments or other places, together with
such groundwater infiltration and surface water as may be inadvertently
present.
A pipe or conduit for carrying water-carried wastes.
The entire system of sewers, treatment facilities and their
appurtenances for collecting and treating sewage.
The entire system of sewers and their appurtenances for collecting
sewage, industrial waste and other wastes.
The grade or pitch of a line of pipe in reference to a horizontal
plane. In a drainage context it shall express the fall on a fraction
of an inch per foot length of pipe.
Any discharge of water, sewage or industrial waste which
in concentration of any given constituent or in quantity of flow exceeds
for any period of duration longer than 15 minutes more than five times
the average twenty-four-hour concentration or flow during normal operation.
The system established pursuant to Article 17 of the Environmental
Conservation Law for the issuance of permits authorizing discharges
to the waters of New York State.
The procedures published by the American Public Health Association,
procedures established by the Administrator, pursuant to § 304(G)
of the Act and contained in 40 CFR Part 136, and amendments thereto
(if 40 CFR Part 136 does not include a sampling or analytical technique
for the pollutant in question, then procedures set forth in EPA publication,
Sampling and Analysis Procedures for Screening of Industrial Effluents
for Priority Pollutants, April 1977, and amendments thereto, shall
be used); any other procedure approved by the Administrator; or any
other procedure approved by the Superintendent, whichever is the most
conservative.
A sewer which is intended to carry only drainage discharges,
not sewage, industrial wastes or other wastes.
The result obtained, using an approved laboratory procedure,
to determine the dry weight of solids, in a sample, that either float
on the surface of or are in suspension or are settleable and can be
removed from the sample by filtration, expressed in milligrams per
liter.
The Town of Blooming Grove or the municipality. When used
as a modifier "Town" or "municipality" shall mean those facilities
and their appurtenances which are owned and/or operated by the Town.
Any substance, whether gaseous, liquid or solid, that when
discharged to a public sewer in sufficient quantities may be hazardous
to sewer maintenance personnel, tend to interfere with any biological
sewage treatment process, or to constitute a hazard to recreation
in the receiving waters, of the effluent from a sewage treatment plant
or overflow point. Any pollutant or combination of pollutants listed
as toxic in regulations promulgated by the EPA under provisions of
the Clean Water Act § 307(A) or other Acts.
Any arrangement of devices, structures and facilities used
to treat or pump sewage, industrial wastes and/or other wastes.
Any unreasonable risk of harm.
The United States Environmental Protection Agency.
Any discarded substance.
The Water Pollution Control Federation.
C.
When used herein this article, "shall" is mandatory;
"may" is permissive.
It shall be unlawful for any person to place,
deposit or permit to be deposited in any insanitary manner upon public
or private property within the Town or in any area under the jurisdiction
of the Town any human or animal excrement, garbage or other objectionable
waste.
It shall be unlawful to discharge to any natural
outlet or storm sewer under the jurisdiction of the Town any sanitary
sewage, industrial wastes or other polluted waters, except where suitable
treatment has been provided in accordance with subsequent provisions
of this article.
The owners of all houses, buildings or properties
used for human occupancy, employment, recreation or other 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 are hereby required, at their expense, to install suitable
toilet facilities therein and to connect such facilities directly
to the proper public sewer, in accordance with the provisions of this
article, within 90 days after date of official notice to do so.
No person shall discharge into the sewer system
any waste, substance or waters other than such kinds or types of waters
or water-carried wastes for the conveyance of which the particular
public sewer is intended, designed or provided.
No person shall discharge or cause to be discharged
any stormwater, surface water, groundwater, roof runoff, subsurface
drainage, cooling water, air-conditioning and refrigerating waste
waters or untreated industrial process waters to any sanitary sewer.
Stormwater and all other unpolluted drainage
or uncontaminated process water in excessive quantities shall be discharged
to storm sewers or to a natural outlet. Such waters shall be discharged
only after approval of any local, county or state regulatory agency
having jurisdiction.
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
mg/l by weight of fat, oil, wax or grease or containing other substances
which may solidify or become viscous at temperatures between 32°
F. to 150° F.
C.
Any solids, liquids or gases which by reason of their
nature or quantity are or may be sufficient, either alone or by interaction
with other substances, to cause a fire or an explosion or be injurious,
in any way, to the Town's sewage disposal system or to the operation
of the system. Prohibited materials include, but are not limited to,
gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols,
carbides, hydrides and sulfides and any substance New York State or
the EPA has determined to be a fire hazard or a hazard to sewage disposal
systems.
D.
Any garbage, except properly shredded garbage. The
installation and operation of garbage grinders shall be subject to
the review and approval of the Town Board.
E.
Any ashes, cinders, stones, sand, mud, straw, shavings
or sawdust, metal, sticks, coarse rubbish, glass, rags, tar, feathers,
plastics, waste rubber, animal guts or tissues, entrails, blood, hair,
hides, wood, paunch manure, or any other substance likely to damage,
destroy or cause an obstruction to the flow in any sewer or which
may interfere with the proper operation of the sewage works.
F.
Any waters, sewage or wastes having a pH lower than
6.0 or higher than 9.5, or having any other corrosive or detrimental
properties capable of causing damage or hazard to the sewage works
or personnel.
G.
Any waters or wastes containing a toxic, poisonous
or radioactive substance in sufficient quantity to injure or interfere
with any sewage treatment process or to constitute a hazard to humans,
animals or marine life or create any hazard in the receiving waters.
H.
Any noxious, malodorous or taste-producing gas, vapor
or substance, such as phenols, capable of creating a public or private
nuisance, or which may prove toxic to sewage treatment processes,
or which may exceed acceptable limits for discharge to receiving waters.
I.
Materials which exert or cause:
(1)
Unusual concentrations of inert suspended solids (such
as, but not limited to, fuller's earth, lime slurries and lime residues)
or of dissolved solids (such as, but not limited to, sodium chloride
and sodium sulfate).
(2)
Excessive discoloration (such as, but not limited
to, dye wastes and vegetable tanning solutions).
(3)
Unusual BOD, suspended solids, chemical oxygen demand
or chlorine requirements in such quantities as to constitute a significant
load on the sewage treatment works.
(4)
Unusual volume of flow or concentration of wastes
constituting slugs, as defined herein.
J.
Waters or wastes containing substances which are not
amenable to treatment or reduction by the sewage treatment processes
employed or are amenable to treatment only to such degree that the
sewage treatment plant effluent cannot meet the requirements stipulated
in the SPDES permit.
A.
If any waters or wastes are discharged or are proposed
to be discharged to the public sewers, which waters contain the substances
or possess the characteristics enumerated above and which may have
a deleterious effect upon the sewage works, processes, equipment or
receiving waters, or which otherwise create a hazard to life or constitute
a public nuisance, the Town may:
(1)
Reject the wastes.
(2)
Require pretreatment to an acceptable condition for
discharge to the public sewers.
(3)
Require control over the quantities and rates of discharge;
and/or
(4)
Require payment to cover the added cost of handling
and treating the wastes not covered by existing taxes or sewer charges.
B.
If the Town permits the pretreatment or equalization
of waste flows, the design and installation of the plants and equipment
shall be subject to the review and approval of the Town and of any
or all state regulatory agencies having jurisdiction, and no construction
of such facilities shall be commenced until said approvals are obtained,
in writing.
C.
All Town costs associated with the review and approval
of pretreatment and/or equalization facilities, including all consulting
engineering fees, shall be paid for by the owner of such facility.
In determining whether any waste discharged
or proposed to be discharged into any public sewer is to be excluded,
consideration will be given to the quantity, time or times, rate and
manner of discharge, dilution and character of the waste in question,
the size of the sewer into which the waste is to be discharged, the
probable quantity of sewage or other wastes likely in said sewer,
and other pertinent facts. Minute quantities of a waste which would
be objectionable in larger quantity may be accepted if sufficiently
diluted when and as discharged, or if the quantity discharged is small
as compared with the flow in the receiving sewer; but any permission
to discharge minute quantities of an otherwise excluded waste shall
be revocable at any time by the Town.
A.
At all premises where wastes or substances specified
to be excluded from public sewers by these regulations are present
and liable to be discharged directly or indirectly into said sewers,
suitable and sufficient piping layouts, oil, grease, sand and flammable
waste traps or separators, screens, settling tanks, diluting devices,
storage or regulating chambers, treatment, cooling or other equipment
and devices shall be provided. These shall be maintained and properly
operated by the owner of the premises or his agent at his expense
to ensure that no waste or substance is discharged in violation of
the requirements of these regulations.
B.
On premises where wastes or substances specified to
be excluded from public sewers are present, the Town may require the
owner to provide, operate and maintain, at his expense, a sampling
well or wells, flow measuring devices, manholes or other appurtenances,
all readily accessible, on the building sewer or drain from said premises
near the point where said sewer or drain connects to the public sewer.
By means of said sampling well or wells, flow measuring devices or
other appurtenances, the Town, or any public officer having legal
jurisdiction or authorized agents, may secure samples of or examine
the wastes being discharged into the public sewer for the purpose
of determining compliance or noncompliance with the requirements of
these regulations.
C.
The Town shall have the right to enter and inspect
any part of the premises served by public sewers upon which there
may be reason to believe that violations of the requirements of these
regulations have occurred or are likely to occur, for the purpose
of ascertaining the facts as to such violation or suspended violation,
or of, obtaining samples of wastes, or of inspecting flow measuring
devices or treatment facilities provided to prevent prohibited discharges.
D.
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 wastewaters or substances which are excluded
from sanitary sewers shall be discharged into any storm sewer.
All measurements, tests and analyses of the
characteristics of waters and wastes to which reference is made in
this article shall be determined in accordance with Standard Methods
for the Examination of Water and Sewage.
No statement contained in this article shall
be construed as preventing any special agreement or arrangement between
the Town and any industrial concern whereby an industrial waste of
unusual strength or character may be accepted by the Town for treatment,
subject to payment therefor by the industrial concern.
A written permit shall be obtained from the
Board before any connection, opening, uncovering, use, discharge,
alteration or other disturbance of a Town sewer or its tributaries
and appurtenances is made. The permit shall be displayed in a conspicuous
place. Any work performed after issuance of a permit shall be in conformity
with its terms and conditions and the provisions of this article.
A.
The property owner shall apply for a permit on a form
furnished by the Town Clerk and shall provide all information called
for on the form.
B.
The permit application shall be accompanied by an
application fee, established pursuant to a schedule adopted by resolution
of the Town Board, and by plans, specifications or other information
considered pertinent by the Town Board.
C.
All permit applications for service to establishments
producing industrial wastes shall be subject to Board approval after
a public hearing held upon 10 days' notice to the general public by
publication in the Town's official newspaper.
No permit granted by the Sewer Superintendent
shall be construed to permit any interference or disturbance of any
state or county or Town or village highway pavement, as the case may
be in the municipality, or any excavation in any road, street or public
place, unless the permit shall expressly so provide. No permit shall
be granted for such interference or disturbance of said pavement or
for the excavation for sewer purposes in any public street or public
place unless the applicant shall have first obtained from the state
or county or Town or village Highway Department, as the case may be,
a permit therefor in accordance with the requirements of the Highway
Department having jurisdiction. Any permit fee, bonding or other expense
in connection with the issuance of a permit for opening any street
or pavement shall be paid by the applicant. No permit shall be deemed
to authorize anything not stated in the application therefor.
A combined permit and inspection fee shall be
paid to the Town before a permit is issued. Fees shall be established
pursuant to a schedule adopted by resolution of the Board and may
vary depending on whether the property served is residential, commercial
or industrial and on whether the permit is for an original building
sewer connection or some other purpose, such as connection to the
Town's force main to the Orange County treatment facility.
A.
All costs and expenses incidental to the installation
and connection of the building sewer, including engineering and legal
fees, shall be borne by the property owner.
B.
Property owners who install their own building sewer
lateral connection shall indemnify the Town from any loss or damage
that may directly or indirectly be occasioned by said installation.
C.
Any person working for fee (contractor) to make connections
to the sewer system must register with the Town.
D.
All registered contractors must have on file with
the Town an owner's and contractor's protective liability insurance
policy, in the name of the Town of Blooming Grove in the following
amounts: bodily injury $500,000 each person and $1,000,000 each accident;
and property damage $100,000.
The drainage and plumbing system of each building
shall have a separate and independent connection with the sewer wherever
possible. Where one building stands in the rear of another or is on
an interior lot and no connection to a sewer is available nor can
be made through an adjoining alley, court, yard or driveway, then
the building sewer from the building on the front of the lot may be
extended to the building on the rear of the lot. This may be considered
as one building sewer for permit and inspection fee purposes, but
for sewer service charge or rent purposes, the number of connections
shall be based upon the number of units being serviced.
Existing building sewers may be used in conjunction
with new buildings only when they are found, upon information and
testing by the Board, wholly at the expense of the property owner,
to meet all requirements of this article and any other laws, rules,
regulations and specifications which apply.
The repair, maintenance, connection, disconnection,
hook up, cleaning of a building sewer or any other work is the responsibility
of the property owner. In the event of the property owner's failure
to repair, maintain, connect, disconnect, hook up or clean, the Town
may undertake the necessary work and charge all expenses to the property
owner. The Board shall establish by resolution fees for Town repair,
maintenance, connection, disconnection, hook up, cleaning or other
work on said sewers to be paid by the property owner.
A.
Before any building with a building sewer is demolished,
the owner thereof shall conform with requirements established by the
Board. The cutoff or plugging of the building sewer shall be done
only with the permission and under the supervision of the Board.
B.
The Town, upon discovery of an illegal sewer connection
or hook up, shall disconnect or unhook said sewer and charge all expenses,
including costs, labor, engineering and legal fees, to the property
owner.
Improvements, enlargements and extensions by
private organizations to the sewer system shall be subject to the
approval of the Board with regard to design, construction and operation.
Prior to the approval of the plans for improvements, enlargements
and extensions, said private organizations shall deposit with the
Town a sum sufficient to cover inspection costs. This sum shall be
established pursuant to a schedule adopted by resolution of the Board,
based on a percentage of the estimated costs of construction. Any
unused balance of the deposits remaining after completion and acceptance
of the construction shall be refunded.
The applicant for the connection of any building
sewer to the sewer system shall notify the Board when the building
sewer is ready for inspection and connection to the sewer. In no case
shall any underground portions of the building sewer be covered or
connection to the sewer made without the approval and/or supervision
of the Board. Trenches refilled prior to inspection shall be reopened
by the contractor or owner at no expense to the Town. The building
sewer may be put into use only after satisfactory final inspection
has been made and approval given by the Board or agents thereof.
A.
Building sewers and water service branches or connections
shall not be laid in the same trench and shall be separated by at
least 10 feet. A minimum 18 inches of vertical separation shall be
maintained between water and sewer facilities under all circumstances.
Any building sewer installation in the vicinity of any water main
or water service pipe shall conform with all requirements of the Department
of Health. Whenever the construction of sewer facilities is taking
place in close proximity to a water service branch or connection,
the Board may cause the work to be performed by the Town and bill
the property owner for all expense.
B.
The building sewer shall be laid at a depth sufficient
to afford protection from frost and at a uniform grade of 1/4 inch
per foot (or about 2%). Special permission may be given by the Board
to use a lesser grade which in no case shall be less than 1/8 inch
per foot (or about 1%).
C.
No building sewer shall be installed within three
feet of and parallel to any bearing wall.
D.
Pipe diameters. No house sewer from the public sewer
to the property lines shall be of a nominal diameter less than six
inches. Inside the property line, the diameter of pipe shall be not
less than four inches if existing lines are used, and not less than
six inches for new lines.
E.
Prohibited connections. No person shall make connection
of roof downspouts, exterior foundation drains, areaway drains or
other sources of surface runoff or groundwater to a building sewer
or building drain which in turn is connected directly or indirectly
to a public sanitary sewer.
F.
Pipe and joint specifications. The building sewer
shall be constructed using one of the following pipe materials: cast
iron, asbestos cement, ABS solid wall (acrylonitrile/butadiene/styrene)
or PVC (polyvinyl chloride).
(1)
Cast-iron pipe. All cast-iron pipe shall be extra-heavy
wall conforming to ASTM Designation A-74, latest revision. Joints
for cast-iron pipe and fittings with hubs and plain end spigots shall
be made with positive double-seal compression-type gaskets, conforming
to ASTM Designation C-564, latest revision. All hubless cast-iron
pipe and fittings shall be joined with neoprene-rubber gaskets and
screw-on stainless steel clamps. All parts of the clamping assembly
shall bear the registered insignia indicating that these items comply
with the Cast-Iron Soil Pipe Institute Standard 301, latest revision.
(2)
Asbestos-cement pipe. All asbestos-cement pipe shall
be Class 2400 or greater and shall conform to ASTM Designation C-428,
latest revision. Joints for asbestos-cement pipe shall be rubber O-ring,
conforming to ASTM Designation D-1869, latest revision.
(3)
ABS solid-wall pipe. All ABS solid-wall pipe shall
be made of a virgin rigid ABS plastic, conforming to ASTM Designation
D-2751, latest revision. Pipe shall be Class SDR 23.5 (extra strength)
or Class SDR 35. ABS solid-wall sewer pipe and fittings shall be furnished
with solvent-cement joints, in which pipe solvent cements into a coupling
socket to form the joint closure. Primer for solvent welding shall
be a methyl ethyl ketone (MEK), and the cement shall be MEK containing
a minimum of 20% by weight of dissolved ABS. Strict conformance with
ASTM Designation F-902, latest revision, is required.
(4)
PVC pipe. All PVC pipe and fittings shall conform
to ASTM Designation D-3034, latest revision, and shall have an SDR
classification of 35.
(5)
Special backfilling requirements for Class SDR 35
pipe. All SDR 35 pipe shall be installed in accordance with the provisions
of ASTM Designation D-2321, latest revision, underground installation
of flexible thermoplastic sewer pipe. If requested by the Town, a
compaction test may be required on each building sewer installed to
ensure compliance with the requirements of ASTM Designation D-2321.
The only exception will be when a contractor installs more than one
building sewer in any one day. For those cases, one compaction test
will be required on the first building sewer installed, with an additional
compaction test required for each third building sewer installed thereafter.
The compaction testing will be conducted by an independent laboratory
previously approved by the Town. All compaction tests will be performed
at the contractor's expense. In addition, the Town reserves the right
to order additional compaction testing at random locations to further
verify compliance with the compaction requirements.
(6)
Pipe material and size transitions. When a connection
of two differing pipe materials and/or sizes is required, the drainlayer
shall provide the Town's agents with catalog cuts of the proposed
device used to join said pipes. The device shall be either a specialized
adaptor or a flexible coupling, manufactured specifically for the
joining of differing pipes. No such device shall be installed prior
to the drainlayer's receipt of written approval from the district.
(7)
Depth of pipes. No asbestos-cement, PVC or ABS pipe
shall be laid in a public highway or building driveway at a depth
less than 48 inches. Pipes laid with less than 48 inches of cover
shall be extra-heavy cast iron. All cast-iron pipes shall be covered
to a depth of at least two feet, or one foot with Town approval, above
the crown of the pipe with fine earth, entirely free from stones and
rubbish and carefully compacted.
(8)
Excavations, pipelaying, backfill specifications.
The size, slope, alignment, material of construction of a building
sewer and the methods to be used in excavating and placing the pipe,
jointing, testing and backfilling the trench shall conform to the
requirements of the Building and Plumbing Codes and all applicable
rules and regulations. In the absence of code provisions, or in amplifications
thereof, the materials and procedures set forth in appropriate specifications
of the American Society for Testing and Materials and Water Pollution
Control Federation Manual of Practice No. 9 shall apply. All excavations
for building sewer installations shall be guarded with barricades
and light so as to protect the public from hazard. Streets, sidewalks,
parkways and other public property disturbed in the course of the
work shall be restored in a manner satisfactory to the Town Board.
(9)
Connection to public sanitary sewer. The connection
of the building sewer into the public sanitary sewer shall be made
at the Y-branch, if such branch is available at a suitable location.
If the public sanitary sewer is 12 inches in diameter or less and
no properly located Y-branch is available, the owner shall, at his
expense, install a Y-branch in the public sanitary sewer at the location
specified by the Town. Where the public sanitary sewer is greater
than 12 inches in diameter and no properly located Y-branch is available,
a neat hole may be cut into the public sanitary sewer to receive the
building sewer, with entry in the downstream direction at an angle
of about 45°. A forty-five-degree elbow may be used to make such
connection, with the spigot end cut so as not to extend past the inner
surface of the public sanitary sewer. The invert of the building sewer
at the high point of connection shall be at the same elevation as
or higher than the invert of the public sanitary sewer. A smooth,
neat, watertight joint shall be made. When a cut-in into a public
sanitary sewer is necessary, the saddle shall be of the same material
as the existing main or lateral. For example, when cutting into a
cast-iron sanitary sewer, the appropriate cast-iron saddle shall be
used. Similarly, when cutting into an ABS or PVC sewer line, a matching
saddle shall be used. The only exception to this rule occurs when
cutting into an existing asbestos-cement sanitary sewer. In this case,
a cast-iron saddle may be used to make the building sewer connection.
However, concrete encasement of the connection assembly is required
in such an instance. Special fittings may be used for the connection
only after approval by the Board. No connections shall be made to
manholes unless specifically approved, in writing, by the Town. Where
the public sewer is located at an unusual depth, the connection to
the public sewer shall be made as required by the Town. Whenever possible,
the building sewer shall be brought to the building at an elevation
below the basement floor. In all buildings in which any building drain
is too low to permit gravity flow to the public sewer, sanitary sewage
carried by such building drain shall be lifted by an approved means
and discharged into the building sewer. The cost thereof shall be
borne by the owner. The term "approved means" signifies that the owner
has submitted plans for lifting the sewage to the Board and has received
written approval of such system. Cleanouts shall be installed on all
building sewers so that the maximum distance between cleanouts is
75 feet. If the building sewer is less than 75 feet in length, no
cleanout will be required. In those cases where the length of the
building sewer is between 75 feet and 150 feet, the cleanout shall
be installed at the midpoint of the sewer line. In addition, cleanouts
will be required at all bends that equal or exceed 23°. Cleanouts
shall be constructed using Campbell frame and cover No. 1735, or approved
equal. Cleanout frames shall be set in a concrete base, 36 inches
by three inches by eight inches thick.
Any person wishing to connect to any force main
shall make any application to the Town and provide all information
required by the Town Engineer and/or Sewer Department. All connections
to the force main shall be installed per the specifications and drawings
accompanied with the application and provisions contained herein with
all Town engineering review fees and costs for installation paid for
by the applicant.
The Town Board or its representatives including
the Building Inspector and Sewer Superintendent shall be responsible
for enforcing the provisions of this article and such rules, regulations,
specifications and requirements as are promulgated pursuant to this
article.
A.
The Board, USEPA, NYSDEC, New York State Department
of Health and Orange County Health Department representatives, bearing
proper identification, shall be permitted to enter, at reasonable
times, upon all properties served by the Town's sewer system, or property
served by a private sewage disposal system pursuant to this article,
or other property over, under, on or through which the Town has an
easement for the purpose of inspection, observation, measurement,
sampling, inspecting and copying discharge records, testing, maintenance,
construction, and, in general, for enforcement of the provisions of
this article. All said parties shall have the right to set up such
devices as are necessary to conduct sampling or metering operations.
B.
Where a party in possession of property has security
measures in force, he shall make arrangements with his security personnel
so that, upon presentation of proper identification, personnel from
the Town, USEPA, NYSDEC, New York State Department of Health and Orange
County Health Department will be permitted to enter without delay.
A.
Where a violation of the provisions of this article
is found, the Board shall notify the alleged offender by personal
service or by certified mail, return receipt requested, of the nature
of the violation, prescribe a period of time not to exceed 30 days
within which the specified violation must be corrected and provide
for an opportunity to be heard within the prescribed period.
C.
Upon a failure or refusal to make the correction,
and in addition to any other remedies or penalties provided for in
this article, the Board shall have the right to disconnect any improper
connection from the sewer at the end of the time limit specified in
this section, and the offender shall be liable to the Town for the
expense of making such disconnection.
A.
Notwithstanding any inconsistent provisions of this
article, whenever the Board finds, after investigation, that any user
is causing, engaging in, or maintaining a condition or activity which,
in his judgment, presents an imminent danger to the public health,
safety or welfare or to the environment or is likely to result in
irreversible or irreparable damage to the sewage disposal system or
the environment 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 practices are intended to be prescribed, to discontinue,
abate or alleviate such condition or activity, and thereupon such
person shall immediately discontinue, abate or alleviate such condition
or activity; or where the giving of notice is impracticable, or in
the event of a user's failure to comply voluntarily with an emergency
order, the Board may take all appropriate action 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 this article.
B.
The Board, acting upon the belief that an emergency
exists, shall be idemnified against any personal liability that may
arise in the performance of the Board's duties to protect the public
health, safety or welfare or preserve the sewage disposal system.
B.
The Board may modify, revoke or suspend, without notice
or opportunity to be heard, a permit or approval granted under this
article when to do so is necessary to protect the Town's disposal
system, the public health or the environment from unreasonable adverse
effects, provided that a hearing upon prior notice is held within
three days after the modification, revocation or suspension.
No changes made in the standards of professional
or industrial organizations referred to in this article, such as the
American Society of Testing Materials and the Water Pollution Control
Federation, shall be effective under this article unless and until
the changes are adopted by the Board. This clause shall exclude Standard
Methods for the Examination of Water and Wastewater.
Persons must report to the Building Inspector
or Sewer Superintendent, in writing, the full description, within
12 hours of the finding of them of all obstructions in house drains,
or the presence thereof, if found, of any substance prohibited by
this article.
The finding of the presence of substances prohibited
by this article in the house drains of any house shall be prima facie
evidence of an offense committed against this article by both the
owner and occupant of the premises.
Persons must report to the Sewer Superintendent,
in writing, within 24 hours after the completion of any work by them,
every connection or disconnection made between any building to the
sewer system aforesaid or between any house connection and said sewer
system.
It shall be a violation for any person to fail
to comply with any of the provisions of this article, including any
order, rule, regulation, specification or requirement issued pursuant
to or in furtherance of this code.
A.
No person shall impede, obstruct, hinder or otherwise
interfere with the Board in the performance of its duties under this
article.
B.
No person shall maliciously, willfully or negligently
break, damage, destroy, uncover, deface or tamper with any structure,
appurtenance or equipment which is a part of the Town's disposal system.
C.
No person shall make false, misleading or incomplete
statements in any application for a permit or other approval or in
any records required to be kept under this article.
D.
No person shall cause any connection to be made between
a piping system carrying potable water and a piping system carrying,
at any time, anything other than potable water.
Each day a violation continues shall constitute
a separate violation.
[Amended 4-27-1992 by L.L. No. 4-1992]
A.
Any person convicted of violating any provision of
this article shall be subject to a fine not exceeding $1,000 for each
violation. Each day a violation continues shall be a separate and
distinct violation.
B.
The Town Board or Town Engineer may issue an appearance
ticket to any person suspected, upon probable cause, of violating
this article. The notice shall specify:
(1)
The court in which the person charged must appear;
(2)
The date and time of the appearance;
(3)
The provisions of this article believed to have been
violated;
(4)
That the person charged may be represented by counsel;
and
(5)
That failure to appear may cause a warrant to be issued
for his arrest.
[Amended 4-27-1992 by L.L. No. 4-1992]
A.
In lieu of, or in addition to, any other penalty available
under law, any person found, by a preponderance of the evidence, to
have violated any provision of this article shall be subject to a
civil penalty of $1,000 for each violation. Each day a violation continues
shall be a separate and distinct violation.
B.
Civil proceedings under this section may be commenced
by the Town, at the request of the Supervisor or the Town Board, in
a court of competent jurisdiction.
C.
Civil proceedings may also be brought to:
(1)
Secure injunctive relief;
(2)
Recover any expenses, including, without limitation,
labor, materials, engineering and legal expenses, incurred by the
Town to remedy violations or enforce the provisions of this article;
and
(3)
Achieve such other remedies as may be available under
law or equity to correct or remedy a violation or protect the interests
of the Town or its residents.
Any persons aggrieved by any decision or determination
made by the Board pursuant to this article may bring a proceeding
to review such determination in the manner provided by Article 78
of the Civil Practice Law and Rules.
No statement in this article shall be construed
to interfere with any additional requirements that may be imposed
by any federal, state or local health authority having jurisdiction.
