Town of Southeast, NY Article I Sewers

[Adopted 10-18-1983]

§ 112-1 Purpose.

A. This article sets forth uniform requirements for direct and indirect contributors into the wastewater collection and treatment system for the Town of Southeast and enables the Town to comply with all applicable state and federal laws required by the Clean Water Act of 1977 and the general pretreatment regulations (40 CFR 403). It also establishes the procedures for making connections to the public sewer in the Town of Southeast and the specific limits for pollutant discharges which, by their nature or by their interaction with sewage, will be detrimental to the public health, cause damage to the public sewer or the water pollution control facility, pollute the waters of the state or otherwise create a public nuisance.

B. This article establishes methods for controlling the introduction of pollutants into the Town's storm sewer system in order to comply with requirements of the SPDES general permit for municipal separate storm sewer systems (MS4s).

[Added 12-20-2007 by L.L. No. 11-2007]

§ 112-2 Objectives.

The objectives of this article are:

A. To inform the public as to the technical and administrative procedures to be followed in obtaining connection to the Town of Southeast public sewer system.

B. To prevent the introduction of pollutants into the public sewer system which will interfere with the operation of the system or contaminate the resulting sludge.

C. To prevent the introduction of pollutants into the public sewer system which will pass through the system, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the system.

D. To improve the opportunity to recycle and reclaim wastewaters and sludges from the system.

E. To meet the requirements of the SPDES general permit for stormwater discharges from MS4s, Permit No. GP-02-02, or as amended or revised.

[Added 12-20-2007 by L.L. No. 11-2007]

F. To regulate the contribution of pollutants to the Town's storm sewer system since such system is not designed to accept, process or discharge nonstormwater wastes.

[Added 12-20-2007 by L.L. No. 11-2007]

G. To prohibit illicit connections, activities and discharges to the Town's storm sewer system.

[Added 12-20-2007 by L.L. No. 11-2007]

H. To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this article.

[Added 12-20-2007 by L.L. No. 11-2007]

I. To promote public awareness of the hazards involved in the improper discharge of trash, yard waste, lawn chemicals, pet waste, wastewater, grease, oil, petroleum products, cleaning products, paint products, hazardous waste, sediment and other pollutants into the Town's storm sewer system.

[Added 12-20-2007 by L.L. No. 11-2007]

§ 112-3 Applicability; administration and enforcement.

[Amended 12-20-2007 by L.L. No. 11-2007]

A. This article shall apply to the Town of Southeast and to persons outside the Town who are, by contract or agreement with the Town, users of a Town POTW.

B. This article shall apply to all water entering the Town's storm sewer system generated on any developed and undeveloped lands, unless explicitly exempted by an authorized enforcement agency.

C. The stormwater management system operator(s) [SMSO(s)] shall administer, implement, and enforce the provisions of this article. Such powers granted or duties imposed upon the authorized enforcement official may be delegated in writing by the SMSO as may be authorized by the Town.

§ 112-4 Definitions; word usage; abbreviations.

A. Unless the context specifically indicates otherwise, the following terms and phrases, as used in this article, shall have the meanings hereinafter designated:

303(d) LIST

A list of all surface waters in the state for which beneficial uses of the water (drinking, recreation, aquatic habitat, and industrial use) are impaired by pollutants, prepared periodically by the NYSDEC as required by Section 303(d) of the Clean Water Act. 303(d)-listed waters are estuaries, lakes and streams that fall short of state surface water quality standards and are not expected to improve within the next two years.

[Added 12-20-2007 by L.L. No. 11-2007]

ACT or THE ACT

The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.

BEST MANAGEMENT PRACTICES (BMPs)

Schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.

[Added 12-20-2007 by L.L. No. 11-2007]

BIOCHEMICAL OXYGEN DEMAND (BOD)

The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20° C., expressed in terms of weight and concentration [milligrams per liter (mg/l)].

BUILDING INSPECTOR

The inspector employed by the Town of Southeast or its authorized representative.

BUILDING SANITARY DRAIN

That part of a wastewater drainage system which receives the discharge of wastewater inside the walls of the building and conveys such discharge to the building sewer.

BUILDING SEWER

A sewer conveying wastewater from the premises of a user to a POTW.

CATEGORICAL STANDARDS

Federal Categorical Pretreatment Standards or pretreatment standards.

CLEAN WATER ACT

The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.

[Added 12-20-2007 by L.L. No. 11-2007]

CONSTRUCTION ACTIVITY

Activities requiring authorization under the SPDES permit for stormwater discharges from construction activity, GP-02-01, as amended or revised. These activities include construction projects resulting in land disturbance of one or more acres. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.

[Added 12-20-2007 by L.L. No. 11-2007]

COOLING WATER

The water discharged from any use such as air-conditioning, cooling or refrigeration or to which the only pollutant added is heat.

COUNTY

Putnam County.

COUNTY HEALTH DEPARTMENT

The Putnam County Department of Health.

DESIGN PROFESSIONAL

A New York State licensed professional engineer or licensed architect.

[Added 12-20-2007 by L.L. No. 11-2007]

DIRECT DISCHARGE

The discharge of treated or untreated wastewater directly to the water of the State of New York.

DRAIN LAYER

A plumber or other person licensed by the county for the purpose of laying building sewers or connecting the same to public sewers.

[Added 9-13-1984]

ENVIRONMENTAL PROTECTION AGENCY or EPA

The United States Environmental Protection Agency, or, where appropriate, the term may also be used as a designation for the Administrator or other duly authorized official of said Agency.

FEDERAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARDS

Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. § 1347) which applies to a specific category of industrial users.

HAZARDOUS MATERIALS

Any material, including any substance, waste, or combination thereof, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

[Added 12-20-2007 by L.L. No. 11-2007]

HOLDING TANK WASTE

Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum-pump tank trucks.

ILLICIT CONNECTIONS

Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the Town's storm sewer system, including but not limited to:

[Added 12-20-2007 by L.L. No. 11-2007]

(1) Any conveyances which allow any nonstormwater discharge, including treated or untreated sewage, process wastewater, and wash water, to enter the MS4 and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency; or

(2) Any drain or conveyance connected from a commercial or industrial land use to the MS4 which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.

ILLICIT DISCHARGE

Any direct or indirect nonstormwater discharge to the MS4, except as exempted herein.

[Added 12-20-2007 by L.L. No. 11-2007]

INDIRECT DISCHARGE

The discharge or the introduction of nondomestic pollutants from any source regulated under Section 307(b) or (c) of the Act (33 U.S.C. § 1317) into the POTW, including holding tank waste discharged into the system.

INDIVIDUAL SEWAGE TREATMENT SYSTEM

A facility serving one or more parcels of land or residential households, or a private, commercial, or institutional facility, that treats sewage or other liquid wastes for discharge into the groundwaters of New York State, except where a permit for such a facility is required under the applicable provisions of Article 17 of the Environmental Conservation Law.

[Added 12-20-2007 by L.L. No. 11-2007]

INDUSTRIAL ACTIVITY

Activities requiring the SPDES permit for discharges from industrial activities, except construction, GP-98-03, as amended or revised.

[Added 12-20-2007 by L.L. No. 11-2007]

INSPECTOR

[Repealed 9-13-1984]

INTERFERENCE

The inhibition or disruption of the POTW treatment processes or operations or contribution to a violation of any requirements of the Town's SPDES permit. The term includes prevention of sewage sludge use or disposal by a POTW in accordance with Section 405 of the Act (33 U.S.C. § 1345) or any criteria, guidelines or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act or more-stringent state criteria (including those contained in any state sludge management plan prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed by the POTW.

MS4 (MUNICIPAL SEPARATE STORM SEWER SYSTEM)

A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains):

[Added 12-20-2007 by L.L. No. 11-2007]

(1) Owned or operated by the Town of Southeast;

(2) Designed or used for collecting or conveying stormwater;

(3) Which is not a combined sewer; and

(4) Which is not part of a publicly owned treatment works (POTW) for treatment of sewage, as defined at 40 CFR 122.2.

NONSTORMWATER DISCHARGE

Any discharge to the MS4 that is not composed entirely of stormwater.

[Added 12-20-2007 by L.L. No. 11-2007]

NYSDEC

The New York State Department of Environmental Conservation.

[Added 12-20-2007 by L.L. No. 11-2007]

PERSON

Any individual, partnership, copartnership, firm, company, corporation, association, joint-stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns.

pH

The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions.

POLLUTANT

Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water.

[Amended 12-20-2007 by L.L. No. 11-2007]

POLLUTION

The man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water.

POTW TREATMENT PLANT

That portion of a POTW designed to provide treatment to wastewater.

PREMISES

Any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.

[Added 12-20-2007 by L.L. No. 11-2007]

PRETREATMENT or TREATMENT

The reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature 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.

PUBLICLY OWNED TREATMENT WORKS (POTW)

A treatment works, as defined by Section 212 of the Act (33 U.S.C. § 1292), which is owned by the Town or a Town sanitary sewer district. This definition includes any sewers that convey wastewater to a POTW treatment plant but does not include pipes, sewers or other conveyances not connected to a facility providing treatment.

PUBLIC SEWER or PUBLIC SEWER SYSTEM

That part of a POTW that conveys wastewater to a POTW treatment plant, including all lateral connections constructed as part of the public sewer system.

SEWER INSPECTOR

An employee of the Town of Southeast designated and authorized by the Town to inspect and approve of the installation of building sewers and connection of the building sewers to the public sewer system.

[Added 9-13-1984]

SPECIAL CONDITIONS

Conditions that may affect the Town of Southeast's coverage under GP-02-03, as follows:

[Added 12-20-2007 by L.L. No. 11-2007]

(1) Discharge compliance with water quality standards: the condition that applies where the Town of Southeast has been notified that the discharge of stormwater authorized under the GP-02-02 MS4 permit may have caused or has the reasonable potential to cause or contribute to the violation of an applicable water quality standard. Under this condition, the Town must take all necessary actions to ensure future discharges do not cause or contribute to a violation of water quality standards.

(2) 303(d) listed waters: the condition in the Town's MS4 permit that applies where the MS4 discharges to a 303(d) listed water. Under this condition, the stormwater management program must ensure no increase of the listed pollutant of concern to the 303(d) listed water.

(3) Total maximum daily load (TMDL) strategy: the condition in the Town's MS4 permit where a TMDL, including requirements for control of stormwater discharges, has been approved by BPA for a water body or watershed into which the MS4 discharges. If the discharge from the MS4 did not meet the TMDL stormwater allocations prior to September 10, 2003, the municipality was required to modify its stormwater management program to ensure that reduction of the pollutant of concern specified in the TMDL was achieved.

(4) The condition in the Town's MS4 permit that applies if a TMDL is approved in the future by EPA for any water body or watershed into which an MS4 discharges. Under this condition, the Town must review the applicable TMDL to see if it includes requirements for control of stormwater discharges. If an MS4 is not meeting the TMDL stormwater allocations, the Town must, within six months of the TMDL's approval, modify its stormwater management program to ensure that reduction of the pollutant of concern specified in the TMDL is achieved.

STATE

The State of New York.

STORMWATER

Any flow occurring during or following any form of natural precipitation and resulting therefrom, including rainwater, surface runoff, snow melt and drainage.

[Amended 12-20-2007 by L.L. No. 11-2007]

STORMWATER MANAGEMENT SYSTEM OPERATOR AND SEWER INSPECTOR

The Town Highway Superintendent or other public official(s) designated by the Town of Southeast to enforce this article. The responsible person may also be designated by the Town to inspect stormwater management practices, systems and related improvements. The designated person may also inspect and approve the installation of building sewers and connection of the building sewers to the public sewer system.

[Added 12-20-2007 by L.L. No. 11-2007]

STATE POLLUTION DISCHARGE ELIMINATION SYSTEM PERMIT or SPDES PERMIT

A permit issued pursuant to Section 402 of the Act (33 U.S.C. § 1342).

SURFACE WATERS OF THE STATE OF NEW YORK

[Added 12-20-2007 by L.L. No. 11-2007]

(1) Lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial seas of the State of New York, and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters that do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction.

(2) Storm sewers and waste treatment systems, including treatment ponds or lagoons, which also meet the criteria of this definition, are not waters of the state. This exclusion applies only to man-made bodies of water which neither were originally created in waters of the state (such as a disposal area in wetlands) nor resulted from impoundment of waters of the state.

SUPERVISOR

The Supervisor of the Town of Southeast or his duly authorized representative.

SUSPENDED SOLIDS

The total suspended matter that floats on the surface of or is suspended in water, wastewater or other liquids and which is removable by laboratory filtering.

TMDL (TOTAL MAXIMUM DAILY LOAD)

The maximum amount of a pollutant to be allowed to be released into a water body so as not to impair uses of the water, allocated among the sources of that pollutant.

[Added 12-20-2007 by L.L. No. 11-2007]

TOWN

The Town of Southeast or the Town Board of Southeast.

TOWN INSPECTOR

See "Sewer Inspector."

[Added 9-13-1984]

TOXIC POLLUTANT

Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provisions of CWA Section 307(a) or other acts.

USER

Any person who contributes, causes or permits the contribution of wastewater into a POTW.

WASTEWATER

Water that is not stormwater, is contaminated with pollutants and is or will be discarded.

[Amended 12-20-2007 by L.L. No. 11-2007]

WASTEWATER DISCHARGE PERMIT

As set forth in § 112-8 of this article.

WATER OF THE STATE

All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through or border upon the state or any portion thereof.

B. Word usage.

(1) The masculine gender shall include the feminine, and the singular shall include the plural where indicated by the context.

(2) "Shall" is mandatory; "may" is permissive.

C. Abbreviations. The following abbreviations shall have the designated meanings:

ASTM

American Society for Testing and Materials.

BOD

Biochemical oxygen demand.

CFR

Code of Federal Regulations.

EPA

Environmental Protection Agency.

mg/l

Milligrams per liter.

NYSDEC

New York State Department of Environmental Conservation.

POTW

Publicly owned treatment works.

SPDES

State Pollutant Discharge Elimination System.

SS

Suspended solids (total).

§ 112-5 Discharge regulations: POTWs.

[Amended 12-20-2007 by L.L. No. 11-2007]

A. General discharge prohibitions.

(1) No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will interfere with the operation or performance of a POTW. These general prohibitions apply to all such users of a POTW, whether or not the user is subject to Federal Categorical Pretreatment Standards or any other federal, state or local pretreatment standards or requirements. A user may not contribute the following substances to any POTW:

(a) 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 to be injurious in any other way to a POTW or to the operation of a 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. Prohibited materials include but are not limited to gasoline, kerosene, naphtha, alcohols and any other substances which the Town, the state or the EPA has notified the user is a fire hazard or a hazard to the system.

(b) 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, garbage with particles greater than 1/2 inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole 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, gas, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud or glass grinding or polishing wastes.

(c) Any wastewater having a pH less than 5.0 or higher than 9.0 or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment and/or personnel of a POTW.

(d) Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of a POTW or exceed the limitation set forth in a categorical pretreatment standard. A toxic pollutant shall include but not be limited to any pollutant identified pursuant to Section 307(a) of the Act.

(e) Any noxious or malodorous liquids, gases or solids which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for their maintenance and repair.

(f) Any substance which may cause a POTW's effluent or any other product of a POTW, such as residues, sludges or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process where the POTW is pursuing a reuse and reclamation program. In no case shall a substance discharged to a POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act or any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act or state criteria applicable to the sludge-management method being used.

(g) Any substance which will cause a POTW to violate its SPDES permit or the receiving water quality standards.

(h) Any wastewater with objectionable color not removed in the treatment process.

(i) Any wastewater having a temperature which will inhibit biological activity in a POTW treatment plant resulting in interference, but in no case wastewater at a temperature that causes the influent to the POTW to exceed 40° C. (104° F.).

(j) Any pollutants, including oxygen-demanding pollutants (BOD, etc.), released at a flow and/or pollutant concentration which a user knows or has reason to know will cause interference to the POTW. In no case shall a slug load have a flow rate or contain concentration or quantities of pollutants that exceed for any time period longer than 15 minutes or more than five times the average twenty-four-hour concentration, quantities or flow during normal operation.

(k) Garbage grinders and the discharge of shredded garbage from such grinders shall not be permitted, unless such garbage grinders were installed prior to the effective date of this article.

(l) Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Town in compliance with applicable state or federal regulations.

(m) Any wastewater which causes a hazard to human life or creates a public nuisance.

(2) When the Town determines that a user(s) is contributing to a POTW any of the above-enumerated substances in such amounts as to interfere with the operation of the POTW, the Town shall advise the user(s) of the impact of the contribution on the POTW and develop effluent limitation(s) for such user to correct the interference with the POTW.

B. Unpolluted waters. No person(s) shall discharge or cause to be discharged any unpolluted waters, such as stormwater, groundwater, roof runoff, subsurface drainage or cooling water, to any public sewer system.

C. Septage wastes. No person(s) shall discharge or cause to be discharged into any public sewer or part of the sewage collection system, either directly or indirectly, any septage, holding tank wastes that are anaerobic, overflow or effluent from a septic tank, cesspool, subsurface drainage trench or other receptacle storing organic wastes.

[Amended 3-16-1995 by L.L. No. 1-1995]

D. Specific pollutant limitations. No person shall discharge wastewater containing in excess of.

(1) Three hundred mg/l BOD.

(2) Three hundred fifty mg/l SS.

(3) Five-hundredths mg/l arsenic.

(4) One-tenth mg/l cadmium.

(5) One and zero-tenths mg/l copper.

(6) One-tenth mg/l cyanide (amendable).

(7) One-tenth mg/l lead.

(8) One-hundredth mg/l mercury.

(9) One and zero-tenths mg/l nickel.

(10) One-tenth mg/l silver.

(11) One and zero-tenths mg/l total chromium.

E. Federal Categorical Pretreatment Standards. Upon the promulgation of the Federal Categorical Pretreatment Standard for a particular industrial subcategory, the federal standard, if more-stringent than limitations imposed under this article for sources in that subcategory, shall immediately supersede the limitations imposed under this article.

F. State requirements. State requirements and limitations on discharges shall apply in any case where they are more-stringent than federal requirements and limitations or those in this article.

G. Excessive discharge. No user shall ever increase the use of process water or in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the Federal Categorical Pretreatment Standards or in any other pollutant-specific limitation developed by the Town or state.

H. Accidental discharges from industrial users. Each industrial user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this article. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner's or user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the Town for review and shall be approved by the Town before construction of the facility. No user who commences contribution to a POTW after the effective date of this article shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the Town. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements of this article. In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the POTW of the incident. The notification shall include location of discharge, type of waste, concentration and volume and corrective actions.

I. Nothing contained in § 112-5D shall be construed as preventing any special agreement or arrangement between the Town and any person(s), firm or agency whereby wastewater having concentrations of BOD and/or SS in excess of the values listed under § 112-5D may be accepted for treatment at a POTW treatment plant owned and operated by the Town or any Town sewer district, provided that:

[Added 3-16-1995 by L.L. No. 1-1995]

(1) The Town Board has determined, after suitable investigations, that:

(a) Said wastewater shall not have any of the detrimental effects described in § 112-5A(1) and § 112-5A(1)(a) through § 112-5A(1)(m) upon said POTW and POTW treatment plant.

(b) Said wastewater shall be in compliance with all requirements of Chapter 112 of the Code of the Town of Southeast not specifically exempted by any such special agreement or arrangement.

(c) Said wastewater shall meet any existing and future Federal Categorical Pretreatment Standards promulgated by the United States Environmental Protection Agency.

(d) All federal, state and municipal regulatory agencies having jurisdiction over said POTW and POTW treatment plant have no objections to acceptance of said wastewater for treatment at said POTW treatment plant.

(2) The person(s), firm or agency who wishes to have said wastewater accepted for treatment at said POTW treatment plant shall agree to indemnify and hold harmless the Town, and any sewer district into whose POTW treatment plant said wastewater will be accepted, from and against any and all claims, damages, losses, penalties and expenses arising from the discharge of said wastewaters to said POTW treatment plant.

(3) The person(s), firm or agency who wishes to have said wastewater accepted for treatment at said POTW treatment plant shall provide the Town, and any sewer district responsible for operation of said POTW treatment plant, with such security as the Town Board deems necessary to secure such indemnification as may be required under Subsection B.

(4) The person(s), firm or agency who wishes to have said wastewater accepted for treatment at said POTW treatment plant shall agree to provide such pretreatment of said wastewater as the Town Board and any federal, state and municipal regulatory agencies having jurisdiction over said POTW and POTW treatment plant may require.

(5) The person, firm or agency who wishes to have such wastewater accepted for treatment at said POTW treatment plant shall agree to pay any and all charges that the Town Board deems adequate for processing such wastewater at said POTW treatment plant.

(6) The design and construction of any and all facilities that will be required to convey and discharge said wastewater to said POTW treatment plant shall be subject to the approval of the Town Board.

(7) The person, firm or agency who wishes to have such wastewater accepted for treatment at said POTW treatment plant shall construct, maintain, repair and replace and pay all costs associated with such construction, maintenance, repair or replacement of any and all facilities that will be required to convey and discharge said wastewater to said POTW treatment plant.

§ 112-6 Fees.

A. Purpose. It is the purpose of this section to provide for the recovery of the costs from users of the Town's sewer system for the implementation of the program established herein.

B. User charge system. The applicable charges and fees shall be set forth in the user charge system established for each POTW.

C. Other charges and fees.

(1) In addition to the building sewer permit fee described in § 112-8G, the Town may adopt charges and fees which may include:

(a) Fees for monitoring, inspections and surveillance procedures.

(b) Fees for reviewing accidental discharge procedures and construction.

(c) Fees for reimbursement of costs of setting up and operating the Town's pretreatment program.

(d) Other fees as the Town may deem necessary to carry out the requirements contained herein.

(2) These fees relate solely to the matters covered by this article and are separate from all other fees chargeable by the Town.

§ 112-7 Use of public sewers.

A. The owner(s) 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 sewer shall, at the owner(s) expense, be required to install a building sewer to connect their building drain to the public sewer in accordance with the provisions of this article within 120 days after date of official notice to do so.

B. Where connection of a building sewer to a new public sewer or public sewer system is permitted, final hookup of the building sanitary drain to the building sewer will not be permitted until the POTW serving such building is ready for operation.

C. It shall be unlawful for any person to construct or repair any septic tank, cesspool or other facility intended for the disposal of sewage if public sewers are available.

§ 112-8 Building sewers and connections.

[Amended 9-13-1984]

A. No person(s) shall uncover, make any connection with or opening into, use, alter, repair or disturb any public sewer or appurtenance thereof unless a proper sewer connection permit therefor shall have been duly issued by the Town and the County Health Department as herein provided.

B. No person(s) shall make connection of roof downspouts, foundation 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 sewer.

C. Any person proposing a new discharge into the public sewer system or a substantial change in the volume or character of pollutants that are being discharged into the public sewer system shall notify the Town and the County Health Department at least 45 days prior to the proposed change or connection.

D. Any person intending to alter or repair a building sewer shall first obtain a permit from the Town and shall be subject to all provisions of this section.

E. Emergency repairs to building sewers may be started without first obtaining a permit, provided that the Building and Sewer Inspectors are notified. If said Inspectors cannot be notified during nonbusiness hours, the person may engage the services of a qualified contractor to make the required repairs. In such case, the person shall notify said Inspectors at the start of the next business day to give the required notification and obtain the required permit. All emergency repair work shall be performed in accordance with and shall be subject to all provisions of this section.

F. There shall be two classes of connection permits: Class A, which shall authorize the connection of residential buildings to the public sewer, and Class B permits, which shall authorize the connection of public, commercial and industrial buildings and any buildings which will contribute concentrations of waste loads or flows greater than that normally associated with domestic wastewater to the public sewer.

G. Application for a building sewer permit shall be made by the owner of the building which is to be connected with the public sewer on an application form provided by the Town. Each applicant shall furnish to the Town the plans and specifications for the sewer connection and such other information relating to the building wastes to be discharged as may be considered pertinent by the Town. A permit and inspection fee as set forth from time to time by resolution of the Town Board shall be paid at the time the application is filed. The application shall be signed by the owner of the premises to be served or his authorized agent and by the qualified contractor (plumber, drain layer or other person as defined hereinafter) who has been chosen to perform the work of installing and connecting the building sewer to the public sewer. Upon approval of the application and plan, a permit shall be issued by the Building Inspector to have the work performed by the chosen contractor. In the event that the premises changes ownership before the work is completed, or if another contractor is chosen to perform or finish the work, the original permit becomes void, and a new permit shall be obtained by the new parties in interest. An as-built plan showing the completed installation shall be submitted to the Town on forms provided by the Town upon completion of work by the contractor.

[Amended 6-16-1988 by L.L. No. 5-1988]

H. All costs and expenses incidental to the connection of a building sewer with the public sewer shall be borne by the owner, and the issuance of the permit shall be conditioned upon the owner's indemnifying the Town and the sewer district against any loss or damage that may be caused, directly or indirectly, by the installation of the building sewer and its connection with the public sewer. All costs and expenses incidental to the maintenance and repair of the building sewer shall be borne by the owner(s).

I. Each permit may be revoked and annulled by the Town for any violation of these regulations or suspended for a reasonable period of time to permit the Town to make an investigation to determine if there has been a violation of regulations. All parties in interest shall be held to have waived the right to claim damages from the Town or its agents on account of such revocation.

J. Connection of a building sewer to the public sewer shall be by or under the supervision of a duly licensed plumber, drain layer or other person licensed for such purpose by the county.

K. Each plumber, drain layer or other person licensed by the county for the purpose of laying building sewers or connecting the same to public sewers, referred to hereinabove, shall file with the Town a certificate of public liability insurance in an amount not less than $300,000 for injuries, including accidental death, to any one person and subject to the same limit for each person, in an amount not less than $500,000 on account of one accident, and property damage insurance in an amount not less than $100,000. Such public insurance shall also insure the activities of each subcontractor to said licensee, or, in lieu thereof, said subcontractor shall file with the Town a certificate of public liability insurance which evidences compliance with all of the insurance requirements specified under this section. The Town and any Town sewer district in which the connection is to be made shall be included as a named insured on all public liability insurance required herein, or, in lieu thereof, the licensee and each of his subcontractors who provide separate public liability insurance as required above shall file with the Town an owner's protective liability insurance policy in the same limits as above. Each insurance certificate and policy shall contain an undertaking by the insurance carrier not to cancel the policy except upon 15 days' notice to the Town.

L. Each contractor or other person performing work on Town public property for the purposes of installing building sewers shall post a bond or certified check of $1,000 with the Town.

M. No connection to the public sewer shall be made until after the building plumbing has been approved by the Town Building Inspector in order to ensure that minimum standards are met for the installation.

N. No connection of the building sewer into the public sewer shall be made until approved by the Town in accordance with this section. (See also § 112-7B.)

O. The contractor shall notify the Sewer Inspector 24 hours before starting any work authorized by a permit issued in accordance with this article.

P. The contractor shall notify the Sewer Inspector when the building sewer is ready for inspection. Any connection to the public sewer shall be made under the supervision of the Sewer Inspector.

Q. No trench containing a building sewer or connection to the sanitary sewer shall be backfilled until the Sewer Inspector has completed an inspection and found the work to conform satisfactorily to the required quality of workmanship and materials.

R. If any person who constructs, installs, alters or repairs any building sewer or connection with a public sewer in the Town is in violation of any section of this article or fails to give adequate notice to the Town for an inspection of the work, the Town may order all or any portion of said work to be uncovered for inspection and approval.

S. A separate and independent building sewer shall be provided for every building. The size and slope of the building sewer shall be subject to the approval of the Building Inspector, but in no event shall the diameter of any building sewer installed be less than four inches. The slope of such pipe shall not be less than 1/4 inch per foot, unless the Town, for special reasons, authorizes otherwise.

T. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such drains shall be lifted by artificial means as approved by the Town and the County Health Department and discharged to the building sewer. Duplex lift systems shall be provided for commercial and industrial buildings.

U. No building sewer shall be constructed within 25 feet of a water supply well. If a building sewer is constructed within 26 feet to 100 feet of a well, it shall be constructed of special piping as hereinafter specified.

V. 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 Town, subject to all regulations and ordinances of the Town pertaining to excavations of Town highways and sidewalks and subject to the specifications of the Town.

W. All excavations required for the installation of a building sewer shall be open trench work unless otherwise approved by the Sewer Inspector. No building sewer shall be laid in such a way as to weaken any bearing wall. The depth of the building sewer shall be sufficient to afford protection from frost, and, in general, such depth shall not be less than three feet below the finished ground surface at all points. All building sewers shall be laid at uniform grade and in straight alignment insofar as possible.

X. If a waterline and sewer line are laid in the same trench, the waterline shall be located at least 12 inches above the sewer line and at least three feet from it. Both the sewer line and the waterline shall be located at least one foot from the sides of the trench.

Y. The open ends of public sewers, building sewers, building drains and building connection laterals shall be kept closed and protected during construction and during periods when work is suspended in order to exclude from the public sewer all water, sediment and debris which might obstruct, damage or otherwise be detrimental to the public sewer or the sewage collection system. Abandoned building sewers or drains shall be likewise promptly closed and sealed off from any public sewer at the expense of the owner. The water level in the trench shall be maintained at a level below the sewer connection before the cap on the public sewer is removed and while the connection is being made and until such time as it has been inspected, approved and backfilled.

Z. The building sewer shall be service-weight cast-iron soil pipe, ASTM Specification A74, for one- and two-family dwellings, and for all other buildings shall be extra-heavy cast-iron soil pipe, ASTM Specification A74, latest revision, or equal, for a distance of five linear feet from the building exit point or five linear feet downstream of any fitting in the sewer, whichever is greater. That portion of the building sewer which is more than five linear feet from the building exit point or more than five linear feet downstream of any fitting in the sewer may be PVC Class SDR 35, ASTM Specification 3034, latest revision, or approved equal, or service-duty cast-iron soil pipe, ASTM Specification A74, latest revision. If installed in filled or unstable ground or under driveways, the building sewer shall be of extra-heavy cast-iron soil pipe (ASTM A74). All pipe materials shall conform to the latest standard specifications of the American Society for Testing and Materials (ASTM) as approved by the Town.

AA. If a building sewer is constructed within 26 feet to 100 feet of a water supply well, it shall be constructed of push-on-joint ductile-iron pipe meeting the requirements of American Water Works Association (AWWA) Standards C151 and C111, thickness Class 51.

BB. No ninety-degree short bends shall be permitted. Changes in direction of less than 45° shall be made only with properly curved pipe and/or fittings. Each change in direction of 45° or greater shall be provided with a cleanout brought up to grade.

CC. All building sewer joints and all connections for or between building sewers and building connection laterals already connected to the public sewer shall conform to the latest ASTM standard specification for type of pipe being installed, altered or repaired and shall be flexible and watertight to prevent infiltration and root intrusion. No rigid joints such as cement mortar are permitted. Joints of like-sized pipes of the same materials shall be of the push-on elastomeric-seal (gasketed) type. Where connection of pipes of different sizes or dissimilar materials is required, adaptors or reducer bushings utilizing elastomeric-seal (gasketed) push-on-type joints shall be used. [Where cast iron to PVC Plastic SDR 35 pipe connections are made, such elastomeric-seal (gasketed) push-on-joint-type adaptors and reducer bushings shall meet the requirements of ASTM Specification D3034, latest revision, or approved equal.]

DD. When it is necessary to cut an opening into any public sewer or manhole, the drain layer shall perform the job in a workmanlike manner using the proper cutting and coring tools. The drain layer shall use a proper saw to cut out sections of public sewer to install fittings or to cut lengths of building sewer pipe. The use of jackhammers, sledgehammers or other impact devices are not permitted for use on pipes or manholes.

EE. Building sewers shall be located at a sufficient distance from other parallel pipes to permit alterations or repairs to any such pipes or the building sewer pipe without disturbing the other; they shall conform to all reasonable requirements for good construction.

FF. Building sewers shall be laid upon a six-inch bedding of well-graded sand and gravel having no stone sizes greater than 1/2 inch, on firm undisturbed soil or on a suitable foundation material approved by the Sewer Inspector. Bedding material shall be carefully and well tamped to support the sewer.

GG. Backfill placed around and over building sewers shall be done with hand tools to a depth of at least one foot over the pipe, using sand free from stones and debris. Backfill shall be carefully and well tamped around and over the sewer.

HH. Prior to placing any backfill over the pipe joints and connections, the building sewer shall be pressure-tested and proved watertight. The hydrostatic pressure test shall consist of imposing a water pressure of not less than five feet nor more than 25 feet on the completed building sewer over a ten-minute testing period. To facilitate testing, the contractor shall install a permanent test tee at the point of connection to the public sewer to permit installation and removal of a test plug. The tee shall be provided with a watertight cap or plug, utilizing a elastomeric-seal (gasketed) type joint, for sealing the unused branch of the tee. This cap or plug shall be properly installed on/in the unused branch of the tee at all times except when the pressure test is being conducted. Upon satisfactory completion of the pressure test, the cap or plug shall be reinstalled prior to backfilling of the trench. The contractor shall furnish all required temporary plugs, water, tools, equipment and labor required to conduct the test. Each test shall be observed by the Sewer Inspector, who shall approve of the equipment and materials used for testing and results of the test. Any leakage under test conditions will constitute a failure of the hydrostatic test, and the building sewer shall be repaired and retested until proved watertight under test conditions.

II. When the building sewer is completed and placed in service, the applicant shall be responsible for causing the septic tank and any other underground tanks or pits (if such exist) to be pumped out by a licensed pumper/hauler and said tanks completely filled with inert earth material in accordance with county requirements. This work shall preferably be accomplished on the same day that the building connection is completed and placed into service but shall be done no later than two working days thereafter.

JJ. Notwithstanding the requirements contained in this section, where any Town or Putnam County code or regulation contains more-restrictive requirements for materials and/or methods for constructing building sewers and connections, these more-restrictive requirements shall govern.

§ 112-9 Regulation of nondomestic discharges.

A. Wastewater dischargers. It shall be unlawful to discharge without a Town permit to any natural outlet within the Town or in any area under the jurisdiction of said Town and/or to a POTW any wastewater except as authorized by the Town in accordance with the provisions of this article.

B. Wastewater discharge permits. Industrial users proposing to connect to or to contribute to the POTW shall obtain a Class B discharge permit before connecting to or contributing to a POTW.

C. Inspection and sampling. Industrial users shall grant ready access to their properties, at reasonable times, by Town, County Health Department, NYSDEC and EPA representatives for purposes of inspection, observation, measurement, sampling, testing and copying of records.

D. Other industry requirements. Industrial users shall conform to all the requirements of the General Pretreatment Regulations, 40 CFR 403, including but not limited to pretreatment and reporting to meet categorical standards.

§ 112-10 Suspension of service or permit.

A. The Town may suspend the wastewater treatment service and/ or a wastewater discharge permit when such suspension is necessary, in the opinion of the Town, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons or to the environment, causes interference to a POTW or causes the Town to violate any condition of its SPDES permit.

B. Any person notified of a suspension of the wastewater treatment service and/or the wastewater discharge permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, the Town shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individuals. The Town shall reinstate the wastewater discharge permit and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge.

§ 112-11 Notification of violation.

Whenever the Town finds that any user has violated or is violating this article, the wastewater discharge permit or any prohibition or limitation of requirements contained herein, the Town may serve upon such person a written notice stating the nature of the violation. Within 30 days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the Town by the user.

§ 112-12 Action for relief.

If any person discharges sewage, industrial wastes or other wastes into the public sewer system contrary to the provisions of this article, federal or state pretreatment requirements or any order of the Town, the Town's Attorney may commence an action for appropriate legal and/or equitable relief.

§ 112-13 Penalties for offenses.

A. Civil penalties. Any user who is found to have violated an order of the Town Board or who willfully or negligently failed to comply with any provision of this article and the orders, rules, regulations and permits issued hereunder shall be fined for each offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition, the Town may recover reasonable attorneys' fees, court costs, court reporters' fees and other expenses of litigation by appropriate suit at law against the person found to have violated this article or the orders, rules, regulations, and permits issued hereunder.

B. Falsifying information. Any person who knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this article or the wastewater discharge permit or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this article shall, upon conviction, be punished by a fine of not more than $250 or by imprisonment for not more than 15 days, or by both.

[Amended 6-16-1988 by L.L. No. 5-1988]