[Adopted 12-11-2007 by L.L. No. 3-2007]
This article is enacted pursuant to Chapter
62 of the Consolidated Laws of New York, Article 12, § 198,
as well as the applicable provisions of the Municipal Home Rule Law.
This article shall be known and may be cited
as the "Hamlet Wastewater Sewer District Sewer Use Local Law" and
may be referred to by the short title "Hamlet Sewer District Law."
This article shall have jurisdiction over all
private and public wastewater collection and treatment system components
within the boundaries of the Hamlet Wastewater Sewer District established
by resolution of the Town Board of the Town of Woodstock, New York,
on September 29, 1980, or as amended thereafter, and to include jurisdiction
over wastewater systems located outside the District that are connected
to the collection and treatment system of the Hamlet Wastewater Sewer
District.
Unless the context specifically indicates otherwise,
the meaning of terms used in this article shall be as follows. "May"
is permissive; "shall" is mandatory.
The Town Board of the Town of Woodstock, New York, or its
authorized agent or representative.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20° C., expressed in milligrams per liter.
That part of the lowest horizontal piping of a drainage system
which receives the discharge from soil, waste, and other drainage
pipes inside the walls of the building and conveys it to the building
sewer beginning three feet outside the inner face of the building
wall and does not include the perimeter.
The extension from the building drain to the septic tank.
A sewer intended to receive both wastewater and stormwater
or surface water.
The Civil Practice Law and Rules of the State of New York.
The New York State Department of Environmental Conservation.
The Woodstock, New York, Hamlet Wastewater Sewer District
as established by resolution of the Woodstock Town Board on September
29, 1980, or as amended thereafter, and to include wastewater systems
located outside the district that are connected to the collection
and treatment system of the Hamlet Wastewater Sewer District.
A building or entirely self-contained portion thereof containing
complete housekeeping facilities for only one family, including any
domestic servants employed on the premises, and having no enclosed
space (other than vestibules, entrances or other hallways or porches)
or cooking or sanitary facilities in common with any other dwelling
unit.
An acquired legal right for a specific use of land owned
by others.
The United States Environmental Protection Agency.
Oil, fat, or grease in a physical state such that it will
separate by gravity from wastewater by treatment in an approved pretreatment
facility. A wastewater shall be considered free from floatable fat
if it is properly pretreated and the wastewater does not interfere
with the collection system.
The animal and vegetable waste resulting from the handling,
preparation, cooking, and serving of foods.
The wastewater from industrial processes, trade, or business
as distinct from domestic or sanitary wastes.
Any outlet, including storm sewers, discharging into a watercourse,
pond, ditch, lake, or other body of surface water or groundwater.
State of New York Codes, Rules and Regulations.
Any individual, firm, company, association, society, corporation,
or group.
The logarithm of the reciprocal of the hydrogen ion concentration.
The concentration is the weight, in grams, of hydrogen ions per liter
of solution. Neutral water, for example, has a pH value of seven and
hydrogen ion concentration of 10-7.
The waste from the preparation, cooking, and dispensing of
food that has been shredded to such a degree that all particles will
be carried freely under the flow conditions normally prevailing in
public sewers, with no particle greater than 0.5 inch (1.27 centimeters)
in any dimension.
A sewer that carries liquid and water-carried wastes from
residences, commercial buildings, industrial facilities, and institutions,
together with minor quantities of groundwater, stormwater and surface
water that are not admitted intentionally.
The scum, sludge, and liquid which accumulate in and are
periodically removed from septic tanks.
A watertight receptacle which receives the discharge of sewage
from a building sewer or part thereof and is designed and constructed
so as to permit settling of settleable solids from the liquid, entrapment
of floatable oil, digestion of organic matter by detention, and discharge
of the liquid portion into a septic tank effluent connection sewer.
The extension from a septic tank to the public sewer or other
place of disposal.
The spent water of a community. The preferred term is "wastewater."
See also "wastewater."
Any discharge of water or wastewater which in concentration
of any given constituent or quantity of flow exceeds for any period
of duration longer than 15 minutes more than five times the average
twenty-four-hour concentration or flows during normal operation and
shall adversely affect the collection system and/or performance of
the wastewater treatment works.
State Pollutant Discharge Elimination System.
Sometimes termed "storm sewer," a drain or sewer for conveying
water, groundwater, subsurface water, or unpolluted water from any
source.
The superintendent of the wastewater treatment works as designated
by the Town Board, or his or her authorized deputy, agent, or representative.
The total suspended matter that either floats on the surface
of or is in suspension in water, wastewater, or other liquids and
that is removable by laboratory filtering as prescribed in Standard
Methods for the Examination of Water and Wastewater, latest edition,
and referred to as "nonfilterable residue."
The legally constituted Town Board of the Town of Woodstock,
Ulster County, New York.
Water of quality equal to or better than the effluent criteria
in effect or water that would not cause violation of receiving water
quality standards and would not be benefited by discharge to the sanitary
sewers and wastewater treatment facilities provided.
Conditions adverse to good health or conducive to the spread
of infection or disease.
The liquid and water-carried wastes from residences, commercial
buildings, industrial facilities and institutions, together with any
groundwater, surface water, and stormwater that may be present.
The structures, equipment, and processes required to collect,
carry away, and treat domestic and industrial wastewater and septage
and dispose of the effluent.
An arrangement of devices and structures for treating wastewater,
industrial wastes, septage, and sludge.
A natural or artificial channel for the passage of water,
either continuously or intermittently.
A.
It shall be unlawful for any person to place, deposit,
or permit to be deposited in any manner on public or private property
within the District, or in any area under the jurisdiction of said
District, any human or animal excrement, garbage, or waste. This section
shall not be construed to prohibit or prevent the storage, use and/or
spreading of manure, fertilizer, compost, or other similar materials
for purposes of farming, gardening, or horticulture.
B.
It shall be unlawful to discharge to any natural outlet
within the District or in any area under the jurisdiction of said
District any wastewater or other polluted waters, except where suitable
treatment has been provided in accordance with the provisions of this
article.
C.
Except as hereinafter provided, 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 wastewater.
D.
The owner(s) of any structure which is a source of
wastewater and which structure is situated within the District and
abutting on any street, alley, or right-of-way in which there is installed
a public sanitary sewer of the District is hereby required, at the
expense of the owner(s), to connect building drains and sewers from
all such structures to a septic tank, connected to a septic tank effluent
collection sewer and the public sewer in accordance with the provisions
of this article, within 90 days after date of official notice to do
so, provided that said public sewer is within 100 feet of the property
line.
A.
Compliance. Where a public sanitary or combined sewer is not available under the provisions of § 245-25D of this article, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of Appendix 75-A of Title 10 of the NYCRR, Waste Treatment - Individual Household System, and all applicable county and local regulations or, if such provisions cannot be met, shall be connected to the District via an extension of the public sewer.
B.
Availability of public sewer. At such time as a public sewer becomes available to a property served by a private wastewater disposal system, as provided in Subsection A, a connection shall be made to a septic tank connected to a septic tank effluent collection sewer and to the public sewer in compliance with this article at the expense of the property owner(s), and any cesspools and similar private wastewater disposal facilities shall be cleaned of sludge and filled with suitable material. In the event that the Administrator deems that a property has a properly functioning septic tank, the owner(s) shall not be required to connect for a period of up to five years or unless there is a failure of the existing system.
A.
No person(s) shall install, uncover, or make any connections
with or opening into, alter, or disturb any septic tank, septic tank
effluent connection sewer, public sewer or appurtenance thereof without
first obtaining a written permit from the Administrator.
B.
There shall be three classes of building sewer permits.
In all cases, the owner(s) or his/her/their agent shall make application
on a special form furnished by the Administrator. The permit application
shall be supplemented by any plans, specifications, or other information
considered pertinent in the judgment of the District. A schedule of
permit and inspection fees shall be established by the Town Board,
entered into Town Board minutes and made available for inspection
at the Town Clerk's office for the following building sewer permits:
(1)
Use changes not resulting in an alteration of sewage
lines and/or equipment.
(2)
Residential and commercial service requiring either
alterations or additions to existing sewage lines and/or equipment.
(3)
Service to establishments having industrial waste.
This class of service may require additional inspection and/or permits
by either the Ulster County Department of Health (DOH) or the DEC.
C.
All costs and expenses incidental to the installation
and connection of the building sewer to the septic tank shall be borne
by the owner(s). The owner(s) shall indemnify the District from any
loss or damage that may directly or indirectly be occasioned by the
installation of the building sewer.
D.
For all structures connected to the wastewater collection system as of December 1, 1985, existing on or before the date of enactment of this article, all costs and expenses incidental to the installation and connection of the septic tank and septic tank effluent sewer shall be apportioned in accordance with § 245-31 of this article. For all structures not existing on or before the date of enactment of this article, or which are altered, modified, or added to subject to the permit requirements of Subsection A, all costs and expenses incidental to the installation, modification and/or connection of the septic tank and septic tank effluent connection sewer shall be borne by the owner(s). The owner(s) or his/her/their authorized agent shall prepare the design plans and specifications and shall install or arrange for the installation of the septic tank and/or connector line.
E.
A separate and independent building sewer shall be
provided for every building which is a source of wastewater, except
where one building stands at the rear of another on an interior lot
and no septic tank is available or can be constructed accessible from
the rear building. In that case, the front building's sewers may be
extended to that of the rear building and the whole considered as
one building's sewer. The District does not and will not assume any
obligation or responsibility for damage caused by or resulting from
any such single connection aforementioned.
F.
Old building sewers may be used in connection with
new buildings only when they are found, on examination and test by
the Administrator, to meet all requirements of this article.
G.
The size, slope, alignment, materials of construction
for a building sewer and the methods to be used in excavating, placing
of the pipe, jointing, testing, and backfilling the trench shall all
conform to the requirements of the building and plumbing code or other
applicable rules and regulations of the State of New York and Town
of Woodstock. In the absence of code provisions or in amplification
thereof, the materials and procedures set forth in appropriate sections
of the Water Environment Federation Manual of Practice No. 9, Design
and Construction of Sanitary and Storm Sewers, 1969, as amended, shall
apply.[1]
H.
In all buildings in which any building drain is too
low to permit gravity flow to the septic tank, sanitary sewage carried
by such building drain shall be lifted by any means approved by the
Administrator and discharged to the building sewer.
I.
The applicant for the building sewer permit shall
notify the Administrator seven working days prior to the date when
the work will be ready for inspection and connection to the septic
tank. The connection and testing shall be made under the supervision
of the Administrator.
J.
All excavations for building sewers shall be adequately
guarded with barricades and lights so as to protect the public from
hazard. Streets, sidewalks, parkways, and other public property disturbed
in the course of the work shall be restored in a manner satisfactory
to the Administrator.
A.
No person(s) shall discharge or cause to be discharged
any unpolluted water, such as but not limited to stormwater, roof
runoff, subsurface draining, or cooling water, to any sanitary sewer.
No combined sewers shall be permitted within the District.
B.
Stormwater other than that exempted under this article
and all other unpolluted drainage shall be discharged to such sewers
as are specifically designated as storm sewers or to a natural outlet
approved by the Administrator and other regulatory agencies. Unpolluted
industrial cooling water or process waters may be discharged, on approval
of the Administrator, to a storm sewer or natural outlet. Cooling
water dischargers must apply for an SPDES permit and are subject to
state and federal regulations.
C.
No person(s) shall discharge or cause to be discharged,
either directly or indirectly, any of the following described waters
or wastes to any public sewers in accordance with Part 380.5 of the
NYCRR:
(1)
Any liquids, solids, 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 fire or explosion or
be injurious in any other way to the treatment works or to the operation
of the treatment works. At no time shall two successive readings on
an explosion hazard meter at the point of discharge into the system
(or at any point in the system) be more than 5% nor any single reading
over 10% of the lower explosive limit (LEL) of the meter. Prohibited
materials include, but are not limited to, gasoline, kerosene, naphtha,
benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides,
chlorates, perchlorates, bromates, carbides, hydrides, sulfides and
any other substances which the Administrator has notified the use
of is a fire hazard or a hazard to the system.
(2)
Any wastewater having a pH less than 5.0 or wastewater
having any other corrosive property capable of causing damage or hazard
to structures, equipment, and/or personnel of the wastewater treatment
works.
(3)
Solid or viscous substances which may cause obstruction
to the flow in a sewer or other interference with the operation of
the wastewater treatment facilities, such as, but not limited to,
grease, unground garbage, animal guts or tissues, paunch manure, bones,
hair, hides or fleshings, entrails, whole animal blood, feathers,
ashes, cinders, sand, spent lime, stone or marble dust, metal, glass,
straw, shavings, grass clippings, rags, spent grains, spent hops,
wastepaper, wood, plastics, tar, asphalt residues, lubricating oil,
mud, and glass grinding or polishing wastes.
(4)
Any substance that will cause the wastewater treatment
works to violate its National Pollutant Discharge Elimination System
and/or State Pollutant Discharge Elimination System (SPDES) permit
or the receiving water quality standards.
(5)
Any wastewater with color not removed in the treatment
process, such as, but not limited to, dye wastes and vegetable tanning
solutions.
(6)
Any slug load having a flow rate or containing concentrations
or qualities of pollutants that exceed for any time period longer
than 15 minutes more than five times the average twenty-four-hour
concentration, quantities, or flow during normal operation. The release
of any slug shall be reported to the Superintendent as soon as possible
after the release has occurred.
(7)
Any wastewater containing any radioactive wastes or
isotopes of such half-life or concentration as may exceed limits established
by the Administrator in compliance with applicable state or federal
regulations.
(8)
Any wastewater that creates a public nuisance.
D.
All recreational vehicles with sanitary facilities
will discharge the holding tank at the treatment plant under the supervision
of the plant operator. There will be no charge for Town of Woodstock
residents of the Hamlet Wastewater Sewer District and a charge for
all others. Fees may be determined annually.
E.
If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters or wastes contain the substances or possess the characteristics enumerated in Subsection C(3) and which, in the judgment of the Superintendent, may have a deleterious effect upon the wastewater facilities, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Administrator may:
(1)
Deny permission for deposition into the system;
(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 added cost of handling and
treating the wastes not covered by existing taxes or sewer charges.
F.
Grease, oil and sand interceptors shall be provided and maintained by the owner(s) when, in the opinion of the Superintendent, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts, as specified in Subsection C(3), or any flammable wastes, sand, or other harmful ingredients. All interceptors shall be of a type and capacity approved by the Administrator and shall be located so as to be readily and easily accessible for cleaning and inspection.
G.
Where pretreatment, grease interceptors or flow-equalizing facilities
are provided or required for any waters or wastes, the owner shall
at his or her expense be required to have an approved, adequately
sized, and properly operated and maintained pretreatment system, grease
interceptor, or flow-equalizing facility and provide plans and specifications
for equipment and facilities.
[Amended 10-1-2012 by L.L. No. 3-2012]
(1)
Maintenance. The owner shall submit a written operational plan for
a grease interceptor maintenance schedule to be approved by the Administrator.
All grease and oil interceptors, and flow-equalizing facilities shall
be maintained with a minimum frequency as specified in the individual
operational plan at the owner's expense in continuously efficient
operation at all times. The operation plan may be amended by the Administrator
to require more frequent maintenance if needed. The grease and oil
interceptor shall be required to be pumped out when it is at 80% of
its intended capacity and the contents disposed at a NYSDEC-approved
disposal facility.
(2)
Inspection. All installations shall be readily accessible and open to inspection by the Administrator or his designee at any time. If during the time of inspection it is determined that the interceptor is at or above capacity, and not adequately performing its intended function, the owner of the facility will be given 72 hours from the time of the inspection to have a licensed contract hauler pump out and properly dispose of the contents. The owner shall then contact the Administrator for a reinspection. If the owner is found to be in noncompliance with these maintenance and inspection requirements, the Administrator shall notify the Building Inspector, who shall issue and serve an appearance ticket to the owner and pursue the remedies set forth in § 245-32 of this chapter.
(3)
Recordkeeping. The owner of each facility responsible for the installation
and maintenance of grease and oil traps and interceptors shall maintain
a pump-out log, which will include the proper recording of pump-out
dates. It shall also include receipts indicating service dates and
pump-out volumes from the hauler. This information shall be made available
to the Administrator at the time of inspection.
H.
When required by the Administrator, the owner(s) of
any structure serviced by a building sewer carrying industrial wastes
shall install a suitable structure, together with such necessary meters
and other appurtenances, in the building sewer to facilitate observation,
sampling, and measurement of the wastes. Such structure, when required,
shall be accessibly and safely located and shall be constructed in
accordance with plans approved by the Administrator. The structure
shall be installed by the owner(s) at his/her/their expense and shall
be maintained by said owner(s) so as to be safe and accessible at
all times to the Administrator.
(1)
The owner(s) of any structure serviced by a building
sewer carrying industrial wastes may be required by the Administrator,
at the owner(s)' sole expense, to install and maintain a facility
which will reasonably and safely permit the observation, sampling
and measurement of the wastes.
(2)
Interceptors shall be emptied on a regular schedule,
determined on a case-by-case basis by the Superintendent, by a hauler
licensed to dispose of this material, at the expense of the owner(s).
I.
The Administrator shall require any person discharging
industrial wastes to a public sewer to provide certified information
needed to determine compliance with this article. These requirements
may include:
(1)
Wastewater discharge peak rate and volume over a specified
time period.
(2)
Chemical analyses of wastewater.
(3)
Information on raw materials, processes, and products
affecting wastewater volume and quality.
(4)
Quantity and disposition of specific liquid, sludge,
oil solvent, or other materials important to sewer use control.
(5)
A plot plan of sewers on the user's property showing
sewers and pretreatment facility location.
(6)
Details of wastewater pretreatment facilities.
(7)
Details of systems to prevent and control the losses
of materials through spills to the municipal sewers.
J.
All measurement, tests, and analyses of the characteristics
of waters and wastes to which reference is made in this article shall
be determined in accordance with the latest edition of "Standard Methods
for the Examination of Water and Wastewater," published by the American
Public Health Association. Sampling methods, location, times, durations,
and frequencies are to be determined on an individual basis subject
to approval by the Administrator.
The Administrator shall have the authority on
behalf of the District to civilly or criminally prosecute anyone who
damages District property.
A.
Before entering a property, reasonable attempt shall
be made to provide the owner with prior notification.
B.
The Administrator or other duly authorized employees
and officers are authorized to obtain information concerning industrial
processes that have a direct bearing on the kind and source of discharge
to the wastewater collection system. The composition of discharged
wastewater shall not be considered confidential.
C.
The District and other duly authorized employees,
officers, or agents of the District, DEC or the EPA, bearing proper
credentials and identification, shall be permitted to enter all private
properties through which the District holds a duly negotiated easement
for the purposes of, but not limited to, inspection, observation,
measurement, sampling, repair, and maintenance of any portion of the
wastewater facilities lying within said easement. All entry and subsequent
work, if any, on said easement shall be done in full accordance with
the terms of the fully negotiated easement pertaining to the private
property involved. Easements providing access to all septic tanks
and laterals and septic tank effluent sewers shall be required prior
to connection to a public sewer.
A.
General.
(1)
All persons owning lands, buildings or structures
connected to the wastewater collection and treatment system or situated
within the boundaries of the Hamlet Sewer District shall pay to the
District, at a time specified by the Administrator, such user charges
and/or benefit unit charges as are established by the Town Board by
resolution subsequent to public hearing upon at least five days' notice
pursuant to the provisions of Town Law § 198, Subdivision
1(i), and General Municipal Law § 452.
(2)
The purpose of the user charges shall be to generate
sufficient revenue to pay all costs for the operation and maintenance
of the Hamlet Sewer District's complete wastewater collection and
treatment system. All user costs shall be distributed to all users
of the wastewater collection and treatment system in proportion to
the wastewater contribution of each user to the total loading of the
system, which shall be determined by the metered consumption of water.
(3)
The purpose of the benefit unit charge shall be to address the capital costs, capital improvements and/or capital repairs of the District. All capital costs shall be distributed to owners of property situated within the boundaries of the Hamlet Sewer District in proportion to the benefit accrued as determined by the schedule of benefit units detailed in § 245-35 of this article.
(4)
Users not situated within the boundaries of the Hamlet
Sewer District shall be charged a user fee subject to approval by
the Town Board but which will not be less than twice the user charge
for users situate within the District.
B.
Annual costs of operation and maintenance. The Administrator
or its authorized agent shall determine the total annual costs of
operation and maintenance of the system which are necessary to maintain
the capacity and performance during the service life of the treatment
works, for which such works were designed and constructed. The total
annual cost of operation and maintenance shall include, but not be
limited to, labor, repairs, equipment replacement, maintenance, necessary
modifications, power, sampling, laboratory tests, and a reasonable
contingency fund.
C.
Service charge and rate. The Administrator or its
authorized agent shall determine each user's volume of wastewater
discharged to the system during each billing period.
D.
Average daily flow allocation.
(1)
Average daily flow allocation shall be calculated as provided in § 245-34 of this article. Type of facility, as per said section, shall be designated as of the effective date of this article.
(2)
In the event that average daily wastewater discharge
flow over the course of a billing period exceeds the average daily
flow allocation, the property shall be assessed a surcharge which
shall be at a rate which is twice the rate established pursuant to
the provisions of this section. Upon application, in the event of
extraordinary circumstances beyond the reasonable control of the user,
the Town Board may reduce or waive any surcharge assessed.
(3)
Whenever a surcharge is levied, notice shall be provided
to the property owner(s) at the address on the latest completed assessment
roll, which notice shall include the following information:
E.
Excess capacity charge.
(1)
There shall be an excess capacity charge levied against
a property whenever average daily flow shall exceed by 10% the average
daily flow allocation for any three out of 10 consecutive billing
periods.
(2)
The excess capacity charge shall be assessed at the
rate of $10 for every gallon by which actual average daily flow exceeds
average daily flow allocation for those billing periods during which
there was excess use.
(3)
An example of how the excess capacity charge shall
be computed follows: in an ordinary restaurant with an average daily
flow allocation of 900 gallons per day, where actual average daily
flow for three billing periods was 1,400 gallons per day, the excess
capacity charge would be $10 times 500 gallons excess daily use, or
$5,000.
(4)
Once the excess capacity charge has been paid, that
property shall be entitled to a new average daily flow allocation
as of the next billing period, which shall be equal to the average
daily flow upon which the excess capacity charge was based.
F.
User charge system review. The Town Board shall review
the user charge and benefit unit charge system, including the total
annual cost of operation and maintenance, as well as each user's average
daily volume of wastewater discharged to the system, not less often
than every two years and will revise the system, as necessary, to
assure equity of the user charge system established herein, to reflect
actual operation and maintenance costs of the system and actual waste
load contributions, and to assure sufficient funds are obtained to
adequately operate and maintain the wastewater collection and treatment
system. If it is determined that excess revenue has been collected
from a user, the excess revenues from that user shall be applied to
the costs of operation and maintenance attributable to that user for
the next year and the rate charged to such user shall be adjusted
accordingly.
G.
Billing periods.
(1)
User charges shall be computed quarterly in conjunction
with the quarterly Water District billing and shall be submitted to
users as a separate user charge on the user's water bill. The benefit
unit charge shall be levied annually and paid in accordance with the
rules, laws and regulations pertaining to the payment of Town taxes.
H.
Penalties for late payment or nonpayment. Payment
of the user charge without penalty shall be made within 60 days of
the date of the expiration of the billing period. For example, payment
for the billing period of December, January and February shall be
due no later than April 30. Penalties for late payment or nonpayment
of user charges shall be assessed at the rate of 10% of the amount
due. Unpaid service charges and such accrued penalties shall be fully
paid by no later than November 10 of each year, or such amount shall
be placed on the property owner(s)' tax bill.
I.
Inconsistent agreements. The system of service charges
contained in this article shall take precedence over any terms or
conditions of agreements or contracts between the Town of Woodstock
and users (including industrial users, special districts, other municipalities,
or state and federal agencies or installations) which are inconsistent
with § 204(b)(1)(A) of the Clean Water Act (33 U.S.C. § 1251
et seq., as amended), or 40 CFR Part 35, rules and regulations of
the EPA.
J.
Schedule of rates. The minimum charges for services
performed by the Administrator or its authorized agent shall be established
from time to time by the Town Board. The schedule of rates shall be
entered into minutes of the Town Board and maintained in the Town
Clerk's office.
K.
Waiver. Upon investigation and written report of the
Superintendent affirming his or her opinion that metered water escaping
from burst or broken water pipes did not enter into the wastewater
collection system, the Town Board may waive the user fee, but only
to the extent that the user shall pay to the District a charge of
no less than the current rate for the average usage during the five
previous billing periods.
A.
Any person found to be violating any provision of
this article shall be served by the Administrator with written notice
stating the nature of the violation and providing a reasonable time
limit for the satisfactory correction thereof. The offender shall,
within the period of time stated in such notice, permanently cease
all violations.
B.
Any person who shall continue any violation beyond the time limit provided for in Subsection A above shall, on conviction thereof, be fined in an amount not exceeding $250 or imprisoned for not more than 15 days, or both, for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.[1]
C.
Any person violating any of the provisions of this
article shall become liable to the District for any expense, loss,
or damage occasioned to the District.
D.
In the event that a violation of this article shall,
in the opinion of the Town Board, constitute a public nuisance, the
Town may take the following measures:
(1)
Provide personal notice of the offensive condition
to the owner(s) thereof, by personal service as provided by the CPLR,
or, where the owner(s) cannot be ascertained with a reasonable amount
of effort, by publication or another form of substituted service;
and
(2)
Provide the owner(s) with a reasonable amount of time
within which to remove or abate the offensive condition. Upon the
owner(s)' failure to remove or abate the condition within the prescribed
time, the Town shall be authorized to do so and charge the reasonable
costs thereof against the property rolls as a municipal lien or cause
such costs to be added to the tax roll as an assessment or to be levied
as a special tax against the property or to be recovered in a suit
at law against the owner(s).
Those properties which are now divided by the
District boundary line shall be considered to be wholly served by
the District.
|
Type of Facility
|
Flow Rate
(gallons per day)
| ||
|---|---|---|---|
|
Airport
| |||
|
Per passenger
|
5
| ||
|
Per employee
|
15
| ||
|
Apartment
| |||
|
Per each bedroom
|
100
| ||
|
Add per resident
|
75
| ||
|
Bathhouse, per swimmer
|
10
| ||
|
Boardinghouse, per boarder
|
75
| ||
|
Bowling alley, per lane
| |||
|
No food
|
75
| ||
|
With food
|
Add food service value
| ||
|
Camp, day, per camper
|
10
| ||
|
With lunch, add per camper
|
3
| ||
|
With shower(s), add per camper
|
5
| ||
|
Campground dumping station
| |||
|
Per unsewered site
|
10
| ||
|
Per sewered site
|
5
| ||
|
Campground, recreational vehicle, per site
| |||
|
Sewered site
|
100
| ||
|
Central facility
| |||
|
Served site, 300-foot radius
|
100
| ||
|
Peripheral site, 500-foot radius
|
75
| ||
|
Campground, subtractions from above, per site
| |||
|
No shower(s)
|
25
| ||
|
Dual service (central facility and sewered or
overlapping the central)
|
25
| ||
|
Campground, summer camp
| |||
|
Central facility, per person
|
50
| ||
|
Separate facilities:
| |||
|
Toilet(s), add per person
|
10
| ||
|
Shower(s), add per person
|
25
| ||
|
Kitchen(s), add per person
|
10
| ||
|
Church, per seat
|
3
| ||
|
With catering
|
Add food service value
| ||
|
Club, country
| |||
|
Per resident member
|
75
| ||
|
Per nonresident member
|
25
| ||
|
Racquet club, per court per hour
|
80
| ||
|
Day camp — See camp, day
| |||
|
Dentist, per chair per day
|
500
| ||
|
Factory, per person per shift
|
25
| ||
|
With shower(s), add per person per shift
|
10
| ||
|
Food service operations
| |||
|
Ordinary restaurant, per seat
|
20
| ||
|
24-hour restaurant, per seat
|
30
| ||
|
Tavern (little food service), per seat
|
10
| ||
|
Catering, or banquet facilities, per seat
|
10
| ||
|
Curb service, drive-in (per car space)
|
30
| ||
|
Home (residence), per each bedroom
|
100
| ||
|
Hospital, per bed
|
150
| ||
|
Hotel, per room
|
75
| ||
|
With banquet facilities, theater, nightclub
|
Add value(s) as applicable
| ||
|
Institution other than hospital, per person
|
75
| ||
|
Laundromat, per machine
|
300
| ||
|
Mobile home park
| |||
|
Per trailer
|
150
| ||
|
Per double-wide trailer
|
200
| ||
|
Motel
| |||
|
Per unit without kitchen
|
75
| ||
|
Per unit with kitchen
|
100
| ||
|
Office building
| |||
|
Per square foot
|
0.1
| ||
|
Add per employee
|
10
| ||
|
Park, per picnicker
| |||
|
Rest room(s) only
|
5
| ||
|
Shower(s) and rest room(s)
|
10
| ||
|
School
| |||
|
Boarding school, per student
|
100
| ||
|
Day school, per student
|
10
| ||
|
With cafeteria, add per student
|
5
| ||
|
With shower(s), add per student
|
5
| ||
|
Service station, not including car wash
| |||
|
Per toilet
|
300
| ||
|
Shopping center
| |||
|
Per square foot
|
0.1
| ||
|
With food
|
Add food service value
| ||
|
Per employee
|
10
| ||
|
Per toilet room
|
300
| ||
|
Sports stadium, per person
|
5
| ||
|
Swimming pool, per swimmer
|
10
| ||
|
Theater/cinema, per seat
|
5
| ||
|
Drive-in theater, per space
|
5
| ||
|
Dinner theater, stand alone, per seat
|
20
| ||
|
With hotel, add to per seat
|
10
| ||
|
Unimproved (vacant) property, per acre
|
625
| ||
|
Type of Facility
|
Number of Benefit Units
| |
|---|---|---|
|
Residential
| ||
|
1-family house
|
12
| |
|
2-family house
|
18
| |
|
Each additional dwelling unit per house
|
9
| |
|
Apartment, per each dwelling unit
|
9
| |
|
Inn, lodge, motel
| ||
|
Rental room, each
|
4
| |
|
Other, per unit
|
9
| |
|
Restaurant
| ||
|
20 seats or fewer
|
26
| |
|
21 to 75 seats
|
40
| |
|
76 seats or more
|
50
| |
|
Theater/cinema
|
13
| |
|
Retail/office
| ||
|
0 to 1,199 square feet
|
16
| |
|
2,000 to 1,699 square feet
|
20
| |
|
1,700 to 2,999 square feet
|
26
| |
|
3,000 to 3,999 square feet
|
38
| |
|
4,000 to 5,999 square feet
|
55
| |
|
6,000 to 9,999 square feet
|
65
| |
|
10,000 to 11,999 square feet
|
80
| |
|
12,000 to 13,999 square feet
|
120
| |
|
14,000 to 15,999 square feet
|
150
| |
|
16,000 square feet or larger
|
210
| |
|
Warehouse
|
6
| |
|
Parking lot (see also Town of Woodstock below)
|
15
| |
|
Golf course
|
100
| |
|
Cemetery
|
20
| |
|
Vacant land
| ||
|
0 to 0.49 acre
|
5
| |
|
0.5 to 1.99 acres
|
6
| |
|
2 acres or more
|
7
| |
|
Add 2 units to improved vacant property
| ||
|
School
|
300
| |
|
Community services
| ||
|
Cultural
|
20
| |
|
Library
|
40
| |
|
Social, religious
|
20
| |
|
Public service
|
50
| |
|
Town of Woodstock facilities
| ||
|
Town Hall facility
|
120
| |
|
Community Center
|
120
| |
|
Rock City Road Parking Lot
|
120
| |
|
Mountain View Parking Lot
|
120
| |
|
Tannery Brook Road Parking Lot
|
60
| |
|
Public bathrooms
|
60
| |
|
Andy Lee Field
|
120
| |
|
Youth Center
|
60
| |
|
Comeau
|
60
| |
Enactment of this article shall repeal and supersede
Local Law No. 2 of the year 1987, No. 3 of the year 1992, No. 1 of
the year 1993, No. 4 of the year 1994, No. 5 of the year 1995, No.
3 of the year 1996, No. 4 of the year 1997, and No. 8 of the year
1998.
