Town of Henrietta, NY Chapter 219 Sewers

[HISTORY: Adopted by the Town Board of the Town of Henrietta as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Building and development — See Ch. 48.

Drainage — See Ch. 84.

Plumbing — See Ch. 198.

Water — See Ch. 285.

Design standards for storm drainage — See Ch. A300.

Article I Sewer Rents

[Adopted 4-20-1955; amended in its entirety 8-19-2015 by L.L. No. 9-2015[1]]

[1] Editor's Note: This local law stated that it would become effective for usage billed for on the first sewer rent bill issued in the year 2016.

§ 219-1 Authority; rents imposed.

Pursuant to the authority of New York law, and any and all amendments thereto, there are hereby established and imposed sewer rents for Henrietta Sewer District No. 1 and its extensions in the Town of Henrietta.

§ 219-2 Definitions.

As used in this article, the following terms shall have the meanings indicated:

PART

As used in relation to the term "sewer system," all lateral sewers, or all branch sewers, or all interceptor sewers, or all trunk sewers, and any sewage treatment and disposal works, and private on-site wastewater disposal systems, each part with necessary appurtenances, including sewage pumping stations.

RESIDENTIAL PROPERTY

A property which contains a structure or structures used as the primary/permanent residence and/or living quarters for a person or persons. Such structures shall include single-family dwellings, two-family dwellings and multiple-family dwellings, including apartments.

SEWAGE

The water-carried human or animal wastes from residences, buildings, industrial establishments, or other places, together with such groundwater infiltration and surface water as may be present. The admixture with sewage, as above defined, of industrial waste or other wastes as hereafter defined also shall be considered "sewage" within the meaning of this article.

SEWER RENTS

A scale of charges related to the use of the Town of Henrietta sewers, charged on an annual basis for residential property, and charged on a quarterly basis for nonresidential property, established and imposed in Henrietta Sewer District No. 1 and its extensions in the Town of Henrietta for the use of the sewer system or any part or parts thereof.

SEWER SYSTEM

All sewer pipes and other appurtenances which are used or useful in whole or in part in connection with the collection, treatment or disposal of sewage, industrial waste and other wastes and which are owned, operated or maintained by Henrietta Sewer District No. 1 and its extensions in the Town of Henrietta, including sewage pumping stations and sewage treatment and disposal works and private on-site wastewater disposal systems, if any.

§ 219-3 Calculation of sewer rents.

A. Residential property units.

(1) Residential property shall be charged the residential sewer rent fee as specified in the Town of Henrietta Fee Schedule for each distinct residential unit at the residential property.[1]

[1] Editor's Note: See Ch. A301, Fee Schedules.

(2) Premises designed for and/or occupied by more than one family/household unit shall be charged a residential sewer rent fee for each residential unit designed for and/or occupied by a family/household unit. For example, a single-family residence shall be charged one fee, a two-family residence or duplex shall be charged two fees, and an apartment building shall be charged a fee for each apartment within the building (for example, a fifty-unit apartment building will be charged 50 residential sewer rent fees).

B. Nonresidential property. All other property which is not residential property, including but not limited to schools, churches, motels, commercial and retail stores, restaurants, industrial establishments, etc., shall be charged as on a quarterly basis according to the Town of Henrietta Fee Schedule, based upon the consumption of water at said property.[2]

(1) Biochemical oxygen demand.

(a) The consumption charge applies to raw sewage which has a biochemical oxygen demand of not more than 300 milligrams per liter by weight and not more than 350 milligrams per liter by weight of suspended solids and not having any of the characteristics described in § 219-12C of Article II.

(b) Where the raw sewage discharged by any such user has a biochemical oxygen demand in excess of 300 milligrams per liter by weight or contains more than 350 milligrams per liter by weight of suspended solids or has characteristics described in said § 219-12C, an additional charge per 100 cubic feet of water consumption will be imposed as set forth in the Town Fee Schedule.[3]

[3] Editor's Note: See Ch. A301, Fee Schedules.

(c) The imposition and collection of such charges shall not be deemed a waiver of any of the provisions of § 219-12F of Article II, Sewer Use, or of any other requirements of said Article II, and shall not relieve the user of the duties imposed by said Article II.

(2) Separate metering.

(a) The owner of any premises falling within the classification set forth in this Subsection B shall be allowed, at his/her own expense, to separately meter all water being used for sprinkling, washing, flushing or cooling operations which do not return water to the sanitary sewer system, which water will be subtracted from the calculation otherwise used to compute the sewer rent fee. Such an installation must be inspected and approved by the Henrietta Sewer District before being used.

(b) The owner of any nonresidential property shall have the further alternative, at his/her own expense, to directly meter the sewage discharged through his/her sewer connection, using a special meter designed to handle sewage flow. This type of meter and its installation shall be inspected and approved by the Sewer District and shall be periodically inspected and read by the Sewer District. When so installed, inspected and approved, the number of household units for sewer rental purposes shall be based upon the sewer discharge meter.

[2] Editor's Note: See Ch. A301, Fee Schedules.

C. Mixed residential/nonresidential. In the event that any parcel of real property falls within both residential and nonresidential classifications, the applicable classification for sewer rent purposes shall be that classification for which the subject structures comprise the greatest square footage.

§ 219-4 Applicability of rents.

Sewer rents are hereby established and imposed for the Henrietta Sewer District No. 1 and are applicable to the Sewer District now existing, those districts hereafter created, and extensions of either, on behalf of said Sewer District.

§ 219-5 Determination of rents.

The Town Board, by resolution, shall fix and determine the amount of the sewer rents to be charged. A schedule of the current rates is on file in the office of the Town Clerk and is set forth in the Town of Henrietta Fee Schedule.[1]

[1] Editor's Note: See Ch. A301, Fee Schedules.

§ 219-6 Due date; late fee; unpaid bills.

A. Sewer rents for residential property comprising four or fewer units shall become due and payable annually and will be levied on property tax bills January 1 of each year. Sewer rents for all other properties, including nonresidential property, shall be billed quarterly and shall be due 45 days thereafter.

B. Should any quarterly sewer rent become overdue, a late fee of 10% of the amount due shall be added to the amount of said rental due.

C. Unpaid, delinquent bills and penalties may be added to the Town of Henrietta/Monroe County property tax bill of the property on which the sewer rent charge was incurred.

§ 219-7 Use of revenue.

Revenues derived from sewer rents shall be credited to a special fund to be known as the "Sewer Rent Fund." Moneys in such fund shall be used only in the manner and for the purpose specified and in the order required by the laws of the State of New York.

Article II Sewer Use

[Adopted 7-21-1965]

§ 219-8 Title.

This article shall be known as the "Sewer Use Ordinance."

§ 219-9 Purpose.

It is the purpose of this article to protect the sewage collection and treatment facilities, to prevent danger to life or damage to property, to promote the health, safety and general welfare, to prohibit the introduction of storm-, surface or subsurface waters into the sanitary sewers, to provide for the distribution of treatment costs and to form a basis and policy for controlling the quantity and quality of wastes accepted into the sewage systems of the sewer districts now or hereafter created in the Town of Henrietta, Monroe County, New York.

§ 219-10 Definitions; word usage.

A. Unless the context specifically indicates otherwise, the meaning of terms used in this article shall be as follows:

BOD (denoting "biochemical oxygen demand")

The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20° C., express in milligrams per liter.

BUILDING DRAIN

That part of the lowest horizontal piping of a drainage system carrying sewage which receives discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building's sewer.

BUILDING SEWER (sometimes called "house lateral")

The extension from the building drain to the public sewer or other place of disposal.

COMMERCIAL-INDUSTRIAL WASTES

Any and all other wastes not being domestic wastes, including but not limited to wastes from commercial, laboratory and industrial processes and wastes from domestic operations or certain trade operations.

[Amended 10-15-1969]

DOMESTIC WASTES

Waterborne human or animal excreta or body wastes and normal culinary, laundry and washing wastes originating in residences.

GARBAGE

Solid wastes from the preparation, cooking and dispensing of food and from handling, storage and sale of produce.

NATURAL OUTLET

Any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.

OWNER

Any person in title to or having any interest in real property in any of the sanitary sewer districts and their extension or extensions and/or any drainage district or districts now existing or subsequently created by the Town Board of the Town of Henrietta, New York.

PERSONS

Any individual, firm, company, association, society, corporation or group.

pH

The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter solution.

PROPERLY SHREDDED GARBAGE

The waste from the preparation, cooking and dispensing of food that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers with no particle greater than 1/4 inch in any dimensions.

PUBLIC SEWER

A sewer which is controlled by the Town Board of the Town of Henrietta acting for any sewer district in said town.

SANITARY SEWER

A pipe or conduit which carries sewage and to which storm-, surface and ground waters are not intentionally admitted.

SEWAGE

The water-carried wastes from residences, commercial buildings, institutions and industrial establishments and other places.

SEWAGE TREATMENT PLANT

Any arrangement of devices and structures used for treating sewage under the control of the Town Board of the Town of Henrietta, Monroe County, New York.

SEWAGE WORKS

All facilities for collecting, pumping, treating and disposing of sewage.

SEWER DISTRICT

Any of the sanitary sewer districts and their extension or extensions and/or any drainage district or districts now existing or subsequently created by the Town Board of the Town of Henrietta.

STORM SEWER or STORM DRAIN

A sewer which carries storm- and surface water drainage but excludes sewage and commercial-industrial and domestic wastes.

SUPERINTENDENT

The Director of Engineering and Planning of the Town of Henrietta.

[Amended 2-18-2015 by L.L. No. 1-2015]

SUSPENDED SOLIDS

Solids that either float on the surface of or are in suspension in water, sewage or other liquids and which are removable by laboratory filterings.

TOWN BOARD OF THE TOWN OF HENRIETTA

The governing body of all sewer districts in the Town of Henrietta.

WATERCOURSE

A channel in which a flow of water occurs either continuously or intermittently.

B. "Shall" is mandatory; "may" is permissive.

§ 219-11 Issuance of permits; installation and connection.

A. The sewer systems of the sewer districts of the Town of Henrietta, New York, as constructed, or as hereafter added to or changed, shall be under the charge and control of the Town Board under whose supervision they shall be used by property owners, and no person shall enter into, open or interfere with or use or do any repair or maintenance work with respect to said sewer systems except under the inspection and direction of the Town Board or its authorized agents and after a written permit shall have been issued by the appropriate official designated by the Town Board. The Town Board shall adopt rules and regulations to govern the maintenance and use of the sewer systems and shall therein fix the amount of fees that shall be chargeable to persons or property owners who shall wish to enter or use the sewer systems.

[Amended 10-15-1969]

B. Present waste contributors who hold a sewer permit under existing regulations and whose use of the sewer system complies with the requirements of this article need not apply for permits under this article. Every present waste contributor whose use is in violation of this article shall bring his use into conformity with this article within 30 days after the effective date of this article and shall apply for a permit within 120 days after such effective date. Present waste contributors other than domestic users who do not hold a permit under existing regulations shall make application for a permit under this article within 120 days after such effective date.

C. Permits granted under this article shall be for a specific waste or wastes, and such permits shall be granted only after the submission and approval of plans as set forth hereinafter. Subsequent wastes of different quantity, quality or characteristics shall be covered by separate permits.

D. There shall be two classes of building sewer permits, one for domestic waste service and one for service to all other contributors. The owner or his agent shall make application on a form furnished by the Town Board. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Superintendent. A permit fee in an amount fixed in the rules and regulations for sewer districts in the Town of Henrietta shall be paid at the time the application is filed.

E. All costs and expenses incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the Town Board from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

F. A separate and independent building sewer shall be provided for every building.

G. All construction of sanitary sewers, building sewers and storm sewers shall be constructed in accordance with the current issue of the Town of Henrietta "Sanitary Sewer Specifications."

[Added 4-4-1984]

§ 219-12 Use of public sewers for discharge of nondomestic wastes.

A. No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, cooling water, impounded water or unpolluted industrial process waters to any sanitary sewer.

B. Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers or to a natural outlet approved by the Town Board. Industrial cooling water or other unpolluted process waters may be discharged upon approval of the Town Board to a storm sewer or natural outlet.

C. Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer:

(1) Any liquid or vapor having a temperature lower than 32° F. or higher than 150° F.

(2) Any water or waste which may contain more than 100 milligrams per liter, by weight, of fats, oils or grease.

(3) Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas.

(4) Any garbage that has not been properly shredded.

(5) Any ashes, cinders, sand, mud, grit, straw, animal wastes, shavings, metal, glass, rags, feathers, tar, plastics, wood, manure or any other solid or viscous substances capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works, in the opinion of the Town Board.

(6) Any water or wastes having a pH lower than 6.0 or higher than 9.0 or any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewer works, in the opinion of the Town Board.

(7) Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances, or wastes exerting an excessive chlorine requirement, to such degree that any such material is received in the composite sewage at the sewage treatment works in excess of the concentrations prescribed herein or other substances that exceed the limits established by the Engineer for such materials.

[Added 4-4-1984]

	Substance	Concentration (mg/l)
	Arsenic and compounds of Arsenic	0.5
	expressed as (As)
	Barium (Ba)	2.0
	Cadmium (Cd)	3.0
	Chromium, hexavalent (Cr+6)	1.0
	Dissolved Copper (Cu)	1.0
	Cyanide, Total	1.0
	Cyanide, Free	0.1
	Formaldehyde as HCHO vapor	5.0
	Lead (Pb)	1.0
	Nickel (Ni)	3.0
	Selenium (Se)	2.0
	Soluble silver as Ag	1.0
	Zinc (Zn)	5.0
	Soluble manganese and/or iron	5.0

(8) Any water or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant.

(9) Any noxious or malodorous gas or substance.

D. Grease, oil and sand interceptors shall be provided when, in the opinion of the Town Board, they are necessary for the proper handling of wastes containing grease in excessive amounts or any flammable wastes, sand, grit and other harmful ingredients. All interceptors shall be of a type and capacity approved by the Town Board and shall be located so as to be readily and easily accessible for cleaning and inspection. Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight, and equipped with easily removable covers which when bolted in place shall be gastight and watertight. Grease and oil interceptors shall be constructed in any place or building having a capacity to serve group meals.

E. Where installed, all grease, oil, sand and grit interceptors shall be maintained by the owner at his expense in continuously efficient operation at all times.

F. The admission into the public sewers of any waters or wastes having a five-day biochemical oxygen demand greater than 300 milligrams per liter by weight or containing more than 350 milligrams per liter by weight of suspended solids or containing any quantity of substances having the characteristics described in Subsection C of this section or having an average daily flow greater than 2% of the average daily sewage flow of the sewer district shall be subject to the review and approval of the Town Board. Where necessary in the opinion of the Town Board, the owner shall provide, at his expense, such preliminary treatment as may be necessary to reduce the biochemical oxygen demand to 300 milligrams per liter and the suspended solids to 350 milligrams per liter by weight or reduce objectionable characteristics or constituents to within the maximum limits provided for in this section or control the quantities and rates of discharge of such waters or wastes. Plans, specifications and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the Town Board, and no construction of such facilities shall be commenced until said approval is obtained in writing.

[Amended 10-15-1969]

G. Where preliminary treatment facilities are required for any waters or wastes, no permit will be granted until such pretreatment units have been placed in operation and have demonstrated their effectiveness by test. The cost of such testing, sampling and analyzing shall be borne by the waste contributor. Said preliminary treatment facilities shall be maintained continuously and satisfactorily in effective operation by the owner at his expense.

H. When required by the Town Board, the owner of any property served by a building sewer carrying commercial-industrial wastes shall install a suitable control manhole in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be conveniently and safely located. It is to be constructed in accordance with plans approved by the Town Board. The manhole shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times.

I. All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in Subsections C and F shall be determined in accordance with "Standard Methods for the Examination of Water and Waste Water," or with methods approved by New York State Department of Health, and may be determined at the control manhole provided for in Subsection H, or upon suitable samples taken at said manhole. In the event that no special manhole has been required, the control manhole may be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. If, in the judgment of the Superintendent, analyses must be performed which are beyond the scope of the laboratory at the sewage treatment plant, these analyses shall be performed at a laboratory designated by the Superintendent and the cost of these analyses shall be borne by the owner.

[Amended 10-15-1969]

J. No statement contained in this section shall be construed as preventing any special agreement or arrangement between the Town Board and any industrial, commercial or other owner from whose premises an industrial-commercial or domestic waste emanates which is of unusual strength or character from being accepted by the Monroe County Division of Pure Water for treatment subject to payment therefor by such owner.

[Amended 2-18-2015 by L.L. No. 1-2015]

§ 219-13 Residential manhole covers.

[Added 2-18-2015 by L.L. No. 1-2015]

A. All manhole covers in the Town of Henrietta are located in the right-of-way (row) and/or filed easements. Therefore, residents shall not be allowed to install landscaping, grass, or berms over any sanitary or storm manhole cover.

B. It shall be the homeowner’s responsibility to remove any and all coverings to manholes listed in Subsection A immediately or upon notification by the Town of Henrietta Code Enforcement Department.

C. If a covered manhole is not cleared after two written notifications by the Town of Henrietta Code Enforcement Department, the Town of Henrietta shall have the right to perform the work necessary to uncover the manhole and bill the homeowner for the costs incurred.

§ 219-14 Repair and maintenance work.

A. Work connected with sewer system. Any repair or maintenance work in connection with sewer pipes and drains connected directly or indirectly to any sanitary or storm sewer system or storm drain in the town shall be performed in accordance with the specifications and under the supervision and inspection of the Town Board or its authorized agents.

B. Work not connected with sewer system.

(1) For work performed on sewers, pipes, laterals or drains which are not a part of a sanitary sewer or storm sewer system at the direction or under the supervision of the Town Board for the particular or special benefit of any individual parcel or portion of real property, a charge is hereby established in an amount equal to the actual cost thereof to the sewer district.

(2) The Town Board shall annually assess against the individual parcel of land the amount of any such charges remaining unpaid on October 1, and such charges shall be added to the tax roll and cited in the same manner and at the same time as the other taxes are assessed, levied and collected in the town pursuant to statute.

§ 219-15 Ownership and maintenance of sewer laterals.

[Added 2-18-2015 by L.L. No. 1-2015]

A. The property owner shall be responsible for any maintenance or repair of that portion of the sanitary lateral that he/she owns.

B. Further, the portion that the property owner is responsible for shall be any sewer infrastructure not otherwise located in a Town easement and/or any Town, county or New York State right-of-way, including sewer infrastructure located between any structure on private property and the right-of-way or easement.

C. The Town shall be responsible for the portion of sanitary lateral located from the sanitary sewer to the edge of the easement and/or right-of-way located on the homeowner’s property.

D. In the event of a blocked sanitary lateral and the absence of an existing cleanout, the property owner shall be required to have a cleanout installed prior to any repair work by the Town. The cleanout shall be located at the junction of the existing easement or Town right-of-way and the owner's property.

E. All repairs to any sanitary laterals in the Town of Henrietta must be made with PVC SDR-21.

§ 219-16 Power and authority of inspectors.

A. The Superintendent and other duly authorized employees of the Town Board and representatives of both the United States Environmental Protection Agency and the New York State Department of Environmental Conservation bearing proper credentials and identification shall be permitted to enter upon all properties for the purpose of inspection, observation, measurement, sampling and testing, or proper activities in accordance with the terms of this article or any regulations promulgated thereunder. The powers and authority herein granted shall be in addition to powers of inspection otherwise granted by law to the Town Board.

[Amended 4-4-1984; 6-20-2001 by L.L. No. 3-2001]

B. All information in the possession of the owner bearing on the industrial, commercial or other process which, in the judgment of the Superintendent, affects the sewage works or systems shall be made available to the Superintendent or his authorized representative.

§ 219-17 Enforcement and remedies; penalties for offenses.

A. Any permit issued pursuant to this article shall be subject to cancellation after a hearing in the event of a finding by the Town Board at such hearing that the user or permittee of the sewage system has violated any of the provisions of this article. Such hearing shall take place on 10 days' written notice to the permittee or user. Upon any cancellation provided for in this subsection or otherwise in this section, the Town Board may terminate the use of the sewer by severing the connection to the sewage system.

B. Any person violating any provision of this article shall be responsible in money damages for any injury to the sewer system or expense caused the Board by such violation. This money may be collected by civil action in the Supreme Court of the State of New York or other court having jurisdiction. Obedience to this article may also be enforced by injunction.

C. Failure to comply with this chapter, including interfering with, entering or using said sewer systems without obtaining permission hereunder, shall constitute a violation, and, upon conviction thereof, shall be subject to a fine not to exceed $1,000. Each day's continued violation shall constitute a separate additional violation.

[Amended 6-20-2001 by L.L. No. 3-2001; 9-27-2023 by L.L. No. 9-2023]

D. In all sewer districts of the Town of Henrietta, the Town Board acting for and in behalf of such sewer district shall be responsible for the enforcement of this article.

§ 219-18 Inconsistent provisions.

In the event that the provisions of this article are inconsistent with the provisions of any ordinance of the Town of Henrietta heretofore adopted, the provisions of this article shall be applicable and shall supersede such inconsistent prior provision. However, in such event only the prior provisions inconsistent with any provision of this article shall be deemed superseded and all other provisions in any such heretofore adopted ordinance not inconsistent with the provisions of this article shall continue in full force and effect.

§ 219-19 Delegation of supervisory function.

[Amended 2-18-2015 by L.L. No. 1-2015]

The Town Board may delegate to the Director of Engineering and Planning of the Town of Henrietta the supervisory and enforcement duties and functions under this article.[1]

[1] Editor's Note: Former Art. III, Commercial Establishment Surcharge, adopted 10-3-2007 by Res. No. 18-196/2007, as amended, which article immediately followed this section, was repealed 8-19-2015 by L.L. No. 9-2015.