[Adopted 10-18-1983]
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]
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]
[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.
A.
303(d) LIST
ACT or THE ACT
BEST MANAGEMENT PRACTICES (BMPs)
BIOCHEMICAL OXYGEN DEMAND (BOD)
BUILDING INSPECTOR
BUILDING SANITARY DRAIN
BUILDING SEWER
CATEGORICAL STANDARDS
CLEAN WATER ACT
CONSTRUCTION ACTIVITY
COOLING WATER
COUNTY
COUNTY HEALTH DEPARTMENT
DESIGN PROFESSIONAL
DIRECT DISCHARGE
DRAIN LAYER
ENVIRONMENTAL PROTECTION AGENCY or EPA
FEDERAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARDS
HAZARDOUS MATERIALS
HOLDING TANK WASTE
ILLICIT CONNECTIONS
(1)
(2)
ILLICIT DISCHARGE
INDIRECT DISCHARGE
INDIVIDUAL SEWAGE TREATMENT SYSTEM
INDUSTRIAL ACTIVITY
INSPECTOR
INTERFERENCE
MS4 (MUNICIPAL SEPARATE STORM SEWER SYSTEM)
NONSTORMWATER DISCHARGE
NYSDEC
PERSON
pH
POLLUTANT
POLLUTION
POTW TREATMENT PLANT
PREMISES
PRETREATMENT or TREATMENT
PUBLICLY OWNED TREATMENT WORKS (POTW)
PUBLIC SEWER or PUBLIC SEWER SYSTEM
SEWER INSPECTOR
SPECIAL CONDITIONS
(1)
(2)
(3)
(4)
STATE
STORMWATER
STORMWATER MANAGEMENT SYSTEM OPERATOR AND SEWER INSPECTOR
STATE POLLUTION DISCHARGE ELIMINATION SYSTEM PERMIT or SPDES
PERMIT
SURFACE WATERS OF THE STATE OF NEW YORK
(1)
(2)
SUPERVISOR
SUSPENDED SOLIDS
TMDL (TOTAL MAXIMUM DAILY LOAD)
TOWN
TOWN INSPECTOR
TOXIC POLLUTANT
USER
WASTEWATER
WASTEWATER DISCHARGE PERMIT
WATER OF THE STATE
Unless the context specifically indicates otherwise,
the following terms and phrases, as used in this article, shall have
the meanings hereinafter designated:
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]
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
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]
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)].
The inspector employed by the Town of Southeast or its authorized
representative.
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.
A sewer conveying wastewater from the premises of a user
to a POTW.
Federal Categorical Pretreatment Standards or pretreatment
standards.
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]
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]
The water discharged from any use such as air-conditioning,
cooling or refrigeration or to which the only pollutant added is heat.
Putnam County.
The Putnam County Department of Health.
A New York State licensed professional engineer or licensed
architect.
[Added 12-20-2007 by L.L. No. 11-2007]
The discharge of treated or untreated wastewater directly
to the water of the State of New York.
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]
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.
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.
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]
Any waste from holding tanks such as vessels, chemical toilets,
campers, trailers, septic tanks and vacuum-pump tank trucks.
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]
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
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.
Any direct or indirect nonstormwater discharge to the MS4,
except as exempted herein.
[Added 12-20-2007 by L.L. No. 11-2007]
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.
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]
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]
[Repealed 9-13-1984]
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.
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]
Any discharge to the MS4 that is not composed entirely of
stormwater.
[Added 12-20-2007 by L.L. No. 11-2007]
The New York State Department of Environmental Conservation.
[Added 12-20-2007 by L.L. No. 11-2007]
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.
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions.
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]
The man-made or man-induced alteration of the chemical, physical,
biological and radiological integrity of water.
That portion of a POTW designed to provide treatment to wastewater.
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]
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.
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.
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.
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]
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]
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.
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.
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.
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.
The State of New York.
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]
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]
A permit issued pursuant to Section 402 of the Act (33 U.S.C.
§ 1342).
[Added 12-20-2007 by L.L. No. 11-2007]
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.
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.
The Supervisor of the Town of Southeast or his duly authorized
representative.
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.
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]
The Town of Southeast or the Town Board of Southeast.
See "Sewer Inspector."
[Added 9-13-1984]
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.
Any person who contributes, causes or permits the contribution
of wastewater into a POTW.
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]
As set forth in § 112-8 of this article.
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.
C.
ASTM
BOD
CFR
EPA
mg/l
NYSDEC
POTW
SPDES
SS
Abbreviations. The following abbreviations shall have
the designated meanings:
American Society for Testing and Materials.
Biochemical oxygen demand.
Code of Federal Regulations.
Environmental Protection Agency.
Milligrams per liter.
New York State Department of Environmental Conservation.
Publicly owned treatment works.
State Pollutant Discharge Elimination System.
Suspended solids (total).
[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.
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.
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.
[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.
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.
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.
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.
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.
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]