[HISTORY: Adopted by the Board of Trustees
of the Village of Massena 11-20-1979 by L.L. No. 10-1979; amended in its entirety 12-2-1980 by L.L. No.
13-1980. Subsequent amendments noted where applicable.]
A.
Applicability. This chapter shall apply to the Village
of Massena and to persons outside the Village who are, by contract
or agreement with the Village, users of the Village wastewater sewers
or wastewater treatment facilities.
B.
General provisions.
(2)
The provisions of this chapter shall apply to the
discharge of all wastewater to facilities of the Village of Massena.
(3)
This chapter provides for use of the Village's wastewater
facilities, regulation of sewer construction, control of the quantity
and quality of wastewater discharged, wastewater pretreatment, equitable
distribution of costs, assurance that existing customers' capacity
will not be preempted, approval of sewer construction plans, issuances
of wastewater discharge permits, minimum sewer connection standards
and conditions, and penalties and other procedures in cases of violation
of this chapter.
C.
Purpose. The purpose of this chapter is to provide
for the maximum possible beneficial public use of the Village wastewater
facilities and to prevent public health problems through regulation
of sewer construction, sewer use and wastewater discharges. This chapter
shall also provide for equitable distribution of the costs of the
Village wastewater facilities, including cost incurred through enforcement
of this chapter, and provide procedures for complying with the requirements
contained herein.
A.
ACT
ASTM
BOD (DENOTING "BIOCHEMICAL OXYGEN DEMAND")
BUILDING DRAIN
BUILDING SEWER
COMBINED SEWER
CONTAMINATION
EASEMENT
GARBAGE
INDUSTRIAL WASTES
LATERAL
NATURAL OUTLET
NPDES
NYSDEC
OWNER
PERSON
pH
POLLUTION
POTW
PRETREATMENT
PROPERLY SHREDDED GARBAGE
PUBLIC SEWER
RESIDENTIAL USER
SANITARY SEWER
SEWAGE
SEWAGE TREATMENT PLANT
SEWAGE WORKS
SEWER
SIGNIFICANT INDUSTRIAL USER
(1)
(2)
(3)
(4)
SLUG
STANDARD METHODS
STATE
STORM DRAIN (SOMETIMES TERMED "STORM SEWER")
SUPERINTENDENT
SUSPENDED SOLIDS
USEPA
WATERCOURSE
Definitions. Unless the context specifically indicates
otherwise, the meaning of the terms used in this chapter shall be
as follows:
The Federal Clean Water Act, as amended.
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., 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 five feet (1.5 meters) outside the inner face of the building
wall.
The extension from the building drain to the public sewer
or other place of disposal.
A sewer receiving both surface runoff and sewage.
An impairment of the quality of the waters of the state by
waste to a degree which creates a hazard to the public health through
poisoning or through the spread of disease.
An acquired legal right for the specific use of land owned
by others.
Solid wastes from the domestic and commercial preparation,
cooking and dispensing of food and from the handling, storage and
sale of produce.
The liquid wastes from industrial manufacturing processes,
trade or business as distinct from sanitary sewage.
A pipe which is used to carry and/or transfer sewage from
the residence, business or other structure and connects to the public
sewer main.
[Added 10-2-2007 by L.L. No. 2-2007]
Any outlet into a watercourse, pond, ditch, lake or other
body of surface or ground water.
The National Pollutant Discharge Elimination System permit
program, whether administered by the Environmental Protection Agency
or by the State of New York.
The New York State Department of Environmental Conservation
or other duly authorized official of said Department.
The person or persons who legally own, lease or occupy private
property with wastewater facilities which discharge or will discharge
to the Village's wastewater facilities.
Any individual, firm, company, association, society, corporation
or group.
The logarithm of the reciprocal of the weight of hydrogen
ions in grams per liter of solution.
The man-made or man-induced alteration of the chemical, physical,
biological and radiological integrity of water.
Publicly owned treatment works, as defined by § 212
of the Act (33 U.S.C. § 12912); includes any sewers that
convey wastewater to the POTW but does not include pipes, sewers or
other conveyances not connected to a facility providing treatment.
The reduction of the amount of pollutant properties in wastewater
to a less harmful state prior to or in lieu of discharging or otherwise
introducing such pollutants into a POTW. The reduction or alteration
can be obtained by physical, chemical or biological processes, process
changes or by other means, except as prohibited by 40 CFR 403.6, General
Pretreatment Regulations for Existing and New Sources of Pollution.
The wastes from the preparation, cooking and dispensing of
food that have been shredded to such a degree that all particles will
be carried freely under the flow conditions normally prevailing in
public sewers, with no particle greater than 1/2 inch (1.27 centimeters)
in any dimension.
A sewer in which all owners of abutting properties have equal
rights and which is controlled by public authority.
All premises used only for human residency and which are
connected to the wastewater facilities.
A sewer which carries sewage and to which storm-, surface
and ground waters are not intentionally admitted.
A combination of the water-carried wastes from residences,
business buildings, institutions and industrial establishments, together
with such ground-, surface and storm waters as may be present.
Any arrangement of devices and structures used for treating
sewage.
All facilities for collecting, pumping, treating and disposing
of sewage.
A pipe or conduit for carrying sewage.
All industries subject to promulgated categorical
pretreatment standards (Categorical Industries); 40 CFR 403, Appendix
C.
Industries having substantial impact, either
singly or in combination with other contributing industries on the
operation of the treatment works.
Manufacturing industries using, on an annual
basis, more than 10,000 pounds and/or 1,000 gallons of raw material
containing priority pollutants/substances of concern and discharging
a measurable amount of these pollutants to the sewer system from the
process using these pollutants.
Those industries discharging more than 5% of
the flow or load carried by the treatment plant receiving the waste.
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 of flow during normal
operation.
The latest edition of Standard Methods for Examination of
Water and Wastewater, published by the American Public Health Association,
Water Pollution Control Federation and American Water Works Association.
The State of New York.
A sewer which carries storm- and surface waters and drainage
but excludes sewage and industrial wastes other than unpolluted cooling
water.
The Superintendent of Public Works of the Village of Massena
or his authorized deputy, agent or representative.
Solids that either float on the surface of or are in suspension
in water, sewage or other liquids and which are removable by laboratory
filtering.
The United States Environmental Protection Agency or, where
appropriate, a designation for the administrator or other duly authorized
official of said Agency.
A channel in which a flow of water occurs, either continuously
or intermittently.
B.
Word usage. "Shall" is mandatory; "may" is permissive.
A.
It shall be unlawful for any person to place, deposit
or permit to be deposited in any unsanitary manner on public or private
property within the Village of Massena, or in any area under the jurisdiction
of said Village, any human or animal excrement, garbage or other objectionable
waste.
B.
It shall be unlawful to discharge to any natural outlet
within the Village of Massena, or in any area under the jurisdiction
of said Village, any sewage or other polluted waters, except where
suitable treatment has been provided in accordance with subsequent
provisions of this chapter.
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 sewage.
D.
The owner of all houses, buildings or properties used
for human occupancy, employment, recreation or other purposes situated
within the Village 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 or combined sewer of the Village is hereby required at his
expense to install suitable toilet facilities therein and to connect
such facilities directly with the proper public sewer in accordance
with the provisions of this chapter within 90 days after the date
of official notice to do so, provided that said public sewer is within
100 feet (30.5 meters) of the property line.
E.
No person shall discharge or cause to be discharged
any stormwater, surface water, groundwater, roof runoff, subsurface
drainage or unpolluted industrial process waters to any sanitary sewer.
F.
Stormwater and all other unpolluted drainage shall
be discharged to such culverts and pipes as are specifically designated
as storm sewers or to a natural drainage outlet approved by the Superintendent.
Industrial cooling water (unprocessed) or unpolluted process water
may be discharged, on approval of the Superintendent, to a storm sewer
or natural drainage outlet.
[Amended 9-4-2001 by L.L. No. 2-2001]
G.
No person shall discharge or cause to be discharged
to any public sewers any substances, materials, waters or wastes in
such quantities or concentrations which will:
(1)
Create fire or explosion hazard, including but not
limited to gasoline, benzene, naphtha, fuel oil or other flammable
or explosive liquid, solid or gas; or any liquid, solid or gases which
by reason of their nature or quantity are sufficient either alone,
or by interaction with other substances, to cause fire or explosion
or be injurious in any other way to the POTW or to the operation of
the POTW. 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.
(2)
Allow any waters or wastes containing toxic or poisonous
solids, liquids or gases in sufficient quantity, either singly or
by interaction with other wastes, to injure or interfere with any
sewer treatment process, to constitute a hazard to humans or animals,
to create a public nuisance or to create any hazard in the receiving
waters of the sewage treatment plant, including but not limited to
cyanides in excess of 0.2 milligrams per liter in the wastes as discharged
to the public sewer.
(3)
(4)
Solid or viscous materials in quantities or of such
size capable of causing obstruction to the flow in sewers or other
interference with the proper operation of wastewater facilities due
to the accumulation of solid or viscous materials, such as but not
limited to ashes, cinders, sand, mud, straw, shavings, metal, glass,
rags, feathers, tar, plastics, wood, unground garbage, whole blood,
paunch manure, hair and fleshings, entrails and paper dishes, cups,
milk containers, etc., either whole or ground by garbage grinders.
H.
No persons shall discharge or cause to be discharged
the following described substances, materials, waters or wastes if
it appears likely, in the opinion of the Superintendent, that such
wastes can harm either the sewers, sewage treatment process or equipment,
have an adverse effect on the receiving stream or can otherwise endanger
life, limb, public property or constitute a nuisance. In forming his
opinion as to the acceptability of these wastes, the Superintendent
will give consideration to such factors as the quantities of subject
wastes in relation to flows and velocities in the sewers, materials
of construction of the sewers, nature of the sewage treatment process,
capacity of the sewage treatment plant, degree of treatability of
wastes in the sewage treatment plant and other pertinent factors.
The substances prohibited are:
(1)
Any liquid or vapor having a temperature higher than
150° F. (65° C.) and/or any liquid or vapor containing heat
in amounts which will accelerate the biodegradation of wastes, causing
the formation of excessive amounts of hydrogen sulfide in the wastewater
sewer, or inhibit biological activity in the wastewater treatment
facilities, but in no case shall the discharge of heat cause the temperature
in the Village wastewater sewer to exceed 65.5° C. (150° F.)
or the temperature of the influent to the treatment facilities to
exceed 40° C. (104° F.) unless the facilities can accommodate
such heat.
(2)
Any water or waste containing fats, wax, grease or
nonbiodegradable oils of mineral or petroleum origin, whether emulsified
or not, in excess of 100 milligrams per liter or containing substances
which may solidify or become viscous at temperatures between 32°
F. and 150° F. (0° C. and 65° C.)
(3)
Any garbage that has not been properly shredded. The
installation and operation of any garbage grinder equipped with a
motor of 3/4 horsepower (0.76 horsepower metric) or greater shall
be subject to the review and approval of the Superintendent.
(4)
Any waters or wastes containing strong acid iron-pickling
wastes or concentrated plating solutions, whether neutralized or not.
(5)
Any waters or wastes containing iron, chromium, copper,
zinc and similar objectionable or toxic substances or wastes exerting
an excessive chlorine requirement to such degree that any such materials
received in the composite sewage at the sewage treatment works exceed
the limits established by the Superintendent for such materials.
(6)
Any substances which may cause the POTW's effluent
or any other product of the POTW such as residues, sludge or scums
to be unsuitable for reclamation process where the POTW is pursuing
a reuse and reclamation program. In no case shall a substance discharged
to the POTW cause the POTW to be in noncompliance with sludge use
or disposal criteria, guidelines or regulations affecting sludge use
or disposal development pursuant to the Solid Waste Disposal Act,
the Clean Air Act, the Toxic Substance Control Act or state criteria
applicable to the sludge management method being used.
(7)
Any waters or wastes containing phenols or other taste-
or odor-producing substances in such concentrations exceeding limits
which may be established by the Superintendent as necessary, after
treatment of the composite sewage, to meet the requirements of the
state, federal or other public agencies of jurisdiction.
(8)
Any radioactive wastes or isotopes of such half-life
or concentration as may exceed limits established by the Superintendent
in compliance with applicable state or federal regulations.
(9)
Any waters or wastes having a pH in excess of 9.5.
(10)
Materials which exert or cause:
(a)
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 dye wastes
and vegetable tanning solutions.
(b)
Excessive discoloration, such as but not limited
to dye wastes and vegetable tanning solutions.
(c)
Unusual BOD (biochemical oxygen demand) or chlorine
requirements in such quantities as to constitute a significant load
on the sewage treatment works.
(d)
Unusual volume of flow or concentration of wastes
constituting slugs, as defined herein.
(11)
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 a degree that
the sewage treatment plant effluent cannot meet the requirements of
other agencies having jurisdiction over discharge to the receiving
waters.
(12)
Water or wastes containing noxious, malodorous gas
or a substance which is present in quantities that create a public
nuisance or a hazard to life.
I.
Handling of prohibited discharges.
(1)
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 in § 230-3H of this chapter and which, in the judgment of the Superintendent, 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 Superintendent may:
(a)
Reject the wastes.
(b)
Require pretreatment to an acceptable condition
for discharge to the public sewers and meeting United States Environmental
Protection Agency and New York State Department of Environmental Conservation
pretreatment standards when enacted.
(c)
Require control over the quantities and rates
for discharge.
(2)
If the Superintendent 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 Superintendent
and subject to the requirements of all applicable codes, ordinances
and laws.
J.
Grease, oil and sand interceptors shall be provided
when, in the opinion of the Superintendent, they are necessary for
the proper handling of liquid wastes containing grease in excessive
amounts, or any flammable wastes, sand or other harmful ingredients;
except that such interceptors shall not be required for private living
quarters or dwelling units. All interceptors shall be of a type and
capacity approved by the Superintendent and shall be located so as
to be readily and easily accessible for cleaning and inspection.
K.
Where preliminary treatment or flow-equalizing facilities
are provided for any waters or wastes, they shall be maintained continuously
in satisfactory and effective operation by the owner, at the owner’s
expense. Required oil and/or grease separators, or other pretreatment
processes, shall be maintained and cleaned as needed on a regular
basis not to exceed a thirty-day interval. Maintenance and cleaning
records shall be kept within the facility and registered with the
Code Enforcement Office. These records shall be available for review,
upon request during normal business hours, by Village of Massena Code
Enforcement Officers and Department of Public Works employees responsible
for the Village wastewater system.
[Amended 10-2-2007 by L.L. No. 2-2007]
L.
When required by the Superintendent, the owner of
any property serviced by a building sewer carrying industrial wastes
shall install a suitable control manhole together with such necessary
meters and other appurtenances in the building sewer to facilitate
observation, sampling and measurement of the wastes. Such manhole,
when required, shall be accessibly and safely located and shall be
constructed in accordance with plans approved by the Superintendent.
The manhole shall be installed by the owner at his expense and shall
be maintained by him so as to be safe and accessible at all times.
M.
All measurements, tests and analyses of the characteristics
of waters and wastes to which reference is made in this enactment
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, and shall be determined at
the control manhole provided, or upon suitable samples taken at said
control manhole. In the event that no special manhole has been required,
the control manhole shall be considered to be the nearest downstream
manhole in the public sewer to the point at which the building sewer
is connected. Sampling shall be carried out by customarily accepted
methods to reflect the effect of constituents upon the sewage works
and to determine the existence of hazards to life, limb and property.
The particular analyses involved will determine whether a twenty-four-hour
composite of all outfalls of a premises is appropriate or whether
a grab sample or samples should be taken. Normally, but not always,
BOD and suspended solids analyses are obtained from twenty-four-hour
composites of all outfalls, whereas pH's are determined from periodic
grab samples.
N.
Discharges from industrial and commercial users to
the POTW shall be controlled by pretreatment standards adopted by
USEPA or NYSDEC. When pretreatment regulations are adopted by USEPA
or NYSDEC for any industry, then that industry must immediately conform
to the USEPA or NYSDEC timetable for adherence to federal or state
pretreatment requirements and any other applicable requirements promulgated
by USEPA or NYSDEC in accordance with Section 307 of PL95-217. If
and when the Village is required to develop a POTW pretreatment program
(40 CFR 405), then the POTW will control, through permit, contract,
order or similar means, the contribution to the POTW by each industrial
user to ensure compliance with applicable pretreatment standards and
requirements. Additionally, such a pretreatment program shall require
industries to comply with any more stringent standards necessitated
by local conditions as determined by the Village.
O.
No statement contained in this section shall be construed
as preventing any special agreement or arrangement between the Village
and any industrial concern whereby an industrial waste of unusual
strength or character may be accepted by the Village for treatment,
subject to payment therefor by the industrial concern.
A.
Where a public sanitary or combined sewer is not available under the provisions of § 230-3D, the building sewer shall be connected to a private disposal system complying with the provisions of this section.
B.
Before commencement of construction of a private sewage
disposal system, the owner shall first obtain a written permit signed
by the Superintendent of Public Works. The application for such permit
shall be made on a form furnished by the Village, which the applicant
shall supplement by the plans, specifications and other information
as are deemed necessary by the Superintendent. A permit and inspection
fee of $100 shall be paid to the Village at the time the application
is filed.
[Amended 9-4-2001 by L.L. No. 2-2001]
C.
A permit for a private sewage disposal system shall
not become effective until the installation is completed to the satisfaction
of the Superintendent. He shall be allowed to inspect the work at
any stage of construction and, in any event, the applicant for the
permit shall notify the Superintendent when the work is ready for
final inspection and before any underground portions are covered.
The inspection shall be made within 24 hours of the receipt of notice
by the Superintendent.
D.
The type, capacities, location and layout of a private
sewage disposal system shall comply with all recommendations of the
Department of Public Health of the State of New York. No permit shall
be issued for any private sewage disposal system employing subsurface
soil absorption facilities where the area of the lot is less than
20,000 square feet. No septic tank or cesspool shall be permitted
to discharge to any natural outlet.
E.
At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in § 230-4D, a direct connection shall be made to the public sewer in compliance with this chapter, and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned and filled with suitable materials.
F.
The owner shall operate and maintain the private sewage
disposal facilities in a sanitary manner at all times at no expense
to the Village.
G.
No statement contained in this section shall be construed
to interfere with any additional requirements that may be imposed
by the Health Officer.
H.
When a public sewer becomes available, the building
sewer shall be connected to said sewer within 60 days, and the private
sewage disposal system shall be cleaned of sludge and filled with
clean bank-run gravel or dirt.
A.
No unauthorized person shall uncover, make any connections
with or opening into, use or disturb any public sewer or appurtenance
thereof without first obtaining a written permit from the Superintendent.
B.
There shall be two classes of building sewer permits:
for residential and commercial service, and for service to establishments
producing industrial wastes. In either case, the owner or his agent
shall make application on a special form furnished by the Village.
The permit application shall be supplemented by any plans, specifications
or other information considered pertinent in the judgment of the Superintendent.
C.
The following costs and expense incident to the installation
and connection of the building sewer shall be borne by the owner:
For properties located within the Village, the charges determined
by the Superintendent of Public Works will be an amount equal to 50%
of the actual cost of installation. For properties located in the
Town outside the Village, the charges determined by the Superintendent
of Public Works will be an amount equal to 100% of the actual installation
costs. For larger-diameter installations and installations that require
special equipment, the property owner, whether located inside or outside
the Village, will be charged at 100% of the actual cost. The owner
shall indemnify the Village from any loss or damage that may directly
or indirectly be occasioned by the installation of the building sewer.
[Amended 10-2-2007 by L.L. No. 2-2007; 9-7-2010 by L.L. No. 5-2010; 10-21-2014 by L.L. No. 3-2014]
D.
A separate and independent building sewer shall be
provided for every building, except where a building stands at the
rear of another on an interior lot and no private sewer is available
or can be constructed to the rear building through an adjoining alley,
courtyard or driveway. The building sewer from the front building
may be extended to the rear building and the whole considered as one
building sewer; however, each structure shall be charged appropriate
minimums conducive to each structure.
[Amended 9-4-2001 by L.L. No. 2-2001]
E.
Old building sewers may be used in connection with
new buildings only when they are found, on examination and test by
the Superintendent, to meet all requirements of this enactment.
F.
The size, slope, alignment, materials of construction
of a building sewer and the methods to be used in excavation, placing
of the pipe, jointing, testing and backfilling the trench shall all
conform to the requirements of the Building and Plumbing Codes or
other applicable rules and regulations of the Village. In the absence
of code provisions or in amplification thereof, the materials and
procedures set forth in appropriate specifications of the American
Society for Testing Materials and the Water Pollution Control Federation
Manual of Practice No. 9 shall apply.
G.
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 to the building sewer.
H.
No person shall make connection of roof downspouts,
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.
I.
The connection of the building sewer to the public
sewer shall conform to the requirements of the Building and Plumbing
Codes or other applicable rules and regulations of the Village or
the procedures set forth in appropriate specifications of the American
Society of Testing Materials and the Water Pollution Control Federation
Manual of Practice No. 9. All such connections shall be made gastight
and watertight. Any deviation from the prescribed procedures and materials
must be approved by the Superintendent before installation.
J.
All new or reconstructed sewers built after the adoption
of this chapter shall be equipped with an approved backwater valve.
[Amended 9-4-2001 by L.L. No. 2-2001]
K.
The applicant for the building sewer permit shall
notify the Superintendent when the building sewer is ready for inspection
and connection with the public sewer. The connection shall be made
under the supervision of the Superintendent or his representative.
L.
All excavations for building sewer installations 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 Village.
No unauthorized 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 sewer
works. Any person violating this provision shall be subject to immediate
arrest under charge of disorderly conduct.
A.
The Superintendent and other duly authorized employees
of the Village and duly authorized employees of the United States
Environmental Protection Agency and New York State Department of Environmental
Conservation, bearing proper credentials and identification, shall
be permitted to enter all properties for the purposes of inspection,
observation, observation measurement, sampling and testing in accordance
with the provisions of this chapter. The Superintendent or his representatives
shall have no authority to inquire into any processes, including metallurgical,
chemical, oil refining, ceramic, paper or other industries, beyond
that point having a direct bearing on the kind and source of discharge
to the sewer or waterways or facilities for waste treatment.
B.
While performing the necessary work on private properties referred to in Subsection A above, the Superintendent or duly authorized employees of the Village shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the Village employees, and the Village shall indemnify the company against loss or damage to its property by Village employees and against liability claims and demands for personal injury or property injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in § 230-3L.
C.
The Superintendent and other duly authorized employees
of the Village, bearing proper credentials and identification, shall
be permitted to enter all private properties through which the Village
holds a duly negotiated easement for the purpose of, but not limited
to, inspection, observation, measurement, sampling, repair and maintenance
of any portion of the sewer works 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 duly negotiated easement
pertaining to the private property involved. The Village shall have
the right to set up on the user's property such devices as are necessary
to conduct sampling or metering operations. The Village may, at reasonable
times, have access to and copy any records, inspect any monitoring
equipment or method by Village wastewater discharge laws and sample
any effluents which the owner or operator of such source is required
to sample. Where a user has security measures in force, the user shall
make necessary arrangements with their security guards so that, upon
presentation of suitable identification, personnel from the Village
will be permitted to enter without delay.
A.
Any person found to be violating any provision of this chapter, except § 230-6, shall be served by the Village 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 in Subsection A above shall be guilty of a misdemeanor, and upon conviction thereof, shall be liable to a fine of not less than $250 nor more than $1,000 or by imprisonment for not more than one year, or both. These penalties shall be in addition to any other penalty provided by law. The Village may also seek injunctive relief to prevent the continued violation of this chapter.
[Amended 9-4-2001 by L.L. No. 2-2001]
C.
Any person violating any of the provisions of this
enactment shall become liable to the Village for any expense, loss
or damage occasioned by the Village by reason of such violation.
The Village Board shall act as a Hearing Board
as needed for arbitration of differences between the Superintendent
and sewer users on matters concerning interpretation and execution
of the provisions of this enactment by the Superintendent. The cost
of the hearing will be divided equally between the municipality and
the sewer user.
All enactments or parts of enactments in conflict
herewith are hereby repealed.
The sewer system of the Village of Massena,
for which sewer rents are hereinafter established and imposed, shall
include the sewers, manholes, intercepting sewers, sewage pumping,
treatment and disposal works and any other plants, works or equipment
and accessories within the Village which are used or useful in connection
with the collection, treatment or disposal of sewage and waste and
which are owned, operated or maintained by the Village as part of
the public system.
A.
In addition to any other fees or charges provided
by law, the owner of any parcel of real property connected with the
sewer system, including real property connected with the sewer system
by means of a private sewer or drain emptying into the sewer system,
shall pay a sewer rent for the use of the sewer system based upon
the quantity of water used as the same is measured by the Village
water meters in use on the premises. Sewer rent shall be as follows:
[Amended 5-18-1982 by L.L. No. 2-1982; 4-29-1987 by L.L. No. 3-1987; 5-21-1991 by L.L. No.
4-1991; 12-20-1994 by L.L. No. 2-1994; 9-4-2001 by L.L. No.
2-2001; 10-21-2003 by L.L. No. 5-2003; 7-15-2008 by L.L. No. 8-2008[1]]
(1)
Minimum charge.
(a)
User charge, sewer system: $9.33 per month per
unit, $18.66 every two months per unit; or $27.99 quarterly per unit.
(b)
Maple and Orvis Streets (Route 37B Project)
capital recovery fee: $1.50 per month per unit; $3 every two months
per unit; or $4.50 quarterly per unit.
[Added 11-5-2008 by L.L. No. 11-2008[2]]
[2]
Editor's Note: This local law renumbered former
Subsection A(1)(b) as A(1)(c). Said local law also provided an effective
date of 12-1-2008.
(2)
All sewer rents shall be payable in monthly, bimonthly
(every two months), or quarterly installments as determined by the
Superintendent of Public Works.
[1]
Editor's Note: This local law provided an
effective date of 9-1-2008.
B.
The Village of Massena will review not less often
than every two years the wastewater contributions, total costs of
operation and maintenance and user charge system.
C.
Minimum rates for public housing (one- or two-room
apartments) with one electric meter and/or one water meter, shall
be based on a ratio of 1:1 (apartments to billing units), e.g., 100
apartments equals 100 units to be billed.
[Added 5-18-1982 by L.L. No. 2-1982]
D.
In the event that a structure has multiple electric
meters but there is a permanent discontinuance of separate units,
then, upon application to the Superintendent and upon his certification
that the separate uses have been permanently discontinued, the Village
may waive the requirement as to charges for separate minimums.
[Added 5-18-1982 by L.L. No. 2-1982]
E.
Unit. A "single unit" shall be defined as meaning
the use of a structure for a separate function, whether or not owned
or utilized by the same person or persons, which has individual water/sewer
service. In the circumstance where there are separate units utilizing
common water/sewer facilities, each separate common water/sewer facility
shall constitute one unit.
[Added 5-18-1982 by L.L. No. 2-1982]
[Amended 11-21-1989 by L.L. No. 12-1989]
A.
In the event that any previous sewer rent bill, whether
the same is rendered monthly, bimonthly (every two months), or quarterly,
has not been paid in full, a penalty of 10% of the amount of the most
recent unpaid bill will be assessed and added to the sewer rent bill.
[Amended 10-21-2003 by L.L. No. 5-2003]
B.
Said penalty of 10% shall go into effect on the 11th
day of the month following the date of the bill. However, if payment
is made by mail, payment shall be presumed timely if the envelope
containing said payment is postmarked before the 10th day of the month
following the date of the bill.
[Amended 6-17-1997 by L.L. No. 5-1997]
C.
If payment is made by use of the Village night deposit
box, payment shall be presumed timely if the payment is removed by
8:00 a.m. the morning after the due date of the bill. It is then backdated
one business day and posted with such date.
[Added 5-21-1996 by L.L. No. 3-1996; amended 6-17-1997 by L.L. No. 5-1997; 1-19-1999 by L.L. No.
1-1999]
[Amended 9-4-2001 by L.L. No. 2-2001]
On or before the first day of May in each year,
the Village Treasurer shall submit to the Board of Trustees a statement
showing the names of the owners of property who have not paid the
sewer rent as provided or prescribed herein and the amount of such
delinquency. Such amounts shall be levied as taxes upon the several
properties owned by the persons named in such statement and shall
be shown in a separate column in the tax roll under the name of "Sewer
Rents." Such sewer rents may also be collected in the manner prescribed
in Subdivision 4 of § 452 of the General Municipal Law.
The Village of Massena shall not reimburse any owner or person retroactively
if timely notification to the Village of Massena has not occurred.
[Amended 9-4-2001 by L.L. No. 2-2001]
A.
Any contract
between the Village of Massena and any sewer district outside the
Village of Massena must embody, and does so by reference, the terms
and conditions of the Sewer Use Law for the Village of Massena as
it may be amended from time to time. The Board of Trustees may consent
to the extension of Village sewer mains beyond the Village limits
upon such terms and conditions as the Trustees may agree; provided,
however, that ownership of all mains and equipment (including but
not limited to pump stations), except laterals from the street or
right-of-way to the building, shall be owned by the Village; the laterals
by the property owner.
B.
The Village
of Massena may accept septic discharge from third parties ( outside
septic vendors or other third parties seeking to discharge septic
waste), provided all permitting criteria has been approved, as determined
by the Superintendent of Public Works. The fee shall be $0.10 per
gallon.
[Added 12-5-2017 by L.L.
No. 6-2017; amended 2-18-2020 by L.L. No. 1-2020]
C.
The Village
of Massena may accept nonseptic waste from third parties, to be determined
in the discretion of the Superintendent of Public Works. If the such
nonseptic discharge is accepted, the Superintendent of Public Works
may negotiate rates and services for the acceptance of such nonseptic
discharge, providing that such rates shall in all instances cover,
at a minimum, the incremental full costs of providing said service.
[Added 2-18-2020 by L.L.
No. 1-2020]
This chapter shall take effect January 1, 1980.
