This article shall be known as the "Sewer Use Ordinance."
[Adopted 7-21-1965]
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.
A. BOD (denoting "biochemical oxygen demand") BUILDING DRAIN BUILDING SEWER (sometimes called "house lateral") COMMERCIAL-INDUSTRIAL WASTES DOMESTIC WASTES GARBAGE NATURAL OUTLET OWNER PERSONS pH PROPERLY SHREDDED GARBAGE PUBLIC SEWER SANITARY SEWER SEWAGE SEWAGE TREATMENT PLANT SEWAGE WORKS SEWER DISTRICT STORM SEWER or STORM DRAIN SUPERINTENDENT SUSPENDED SOLIDS TOWN BOARD OF THE TOWN OF HENRIETTA WATERCOURSE
Unless the context specifically indicates otherwise, the meaning of terms used in this article shall be as follows:
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.
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.
The extension from the building drain to the public sewer or other place of disposal.
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]
Waterborne human or animal excreta or body wastes and normal culinary, laundry and washing wastes originating in residences.
Solid wastes from the preparation, cooking and dispensing of food and from handling, storage and sale of produce.
Any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.
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.
Any individual, firm, company, association, society, corporation or group.
The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter solution.
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.
A sewer which is controlled by the Town Board of the Town of Henrietta acting for any sewer district in said town.
A pipe or conduit which carries sewage and to which storm-, surface and ground waters are not intentionally admitted.
The water-carried wastes from residences, commercial buildings, institutions and industrial establishments and other places.
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.
All facilities for collecting, pumping, treating and disposing of sewage.
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.
A sewer which carries storm- and surface water drainage but excludes sewage and commercial-industrial and domestic wastes.
The Director of Engineering and Planning of the Town of Henrietta.
[Amended 2-18-2015 by L.L. No. 1-2015]
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.
The governing body of all sewer districts in the Town of Henrietta.
A channel in which a flow of water occurs either continuously or intermittently.
B.
"Shall" is mandatory; "may" is permissive.
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]
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]
[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.
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.
[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.
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.
[6-20-2001 by L.L. No. 3-2001; 9-27-2023 by L.L. No. 9-2023; 2-5-2026 by L.L. No. 3-2026]
A.
In all sewer districts, sewer district extensions, or out-of-district sewer connections within or on behalf of the Town of Henrietta, the Town Board shall act for and on behalf of said districts, district extensions, or out-of-district connections and shall be responsible for the oversight of the enforcement of this article with said enforcement exercised through its officers, including but not limited to the Commissioner of Public Works, or their designated representative, Superintendent of Highways, Director of Engineering and Planning, and/or a Code Enforcement Officer.
B.
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.
C.
Failure to comply with any provision of this chapter, including but not limited to interfering with, entering, or using said sewer systems without obtaining permission hereunder, shall constitute a violation, and, upon a finding by a court of competent jurisdiction, shall be subject to a civil penalty in the minimum amount of $400, up to a maximum amount of $1,000.
D.
Any person or entity in violation of this chapter in a manner that causes damages to the sewer system or additional costs by the Town or other municipal entity to remedy the damages or effects of said violation, shall be responsible for the money damages, including labor costs and equipment costs, caused by their actions or actions of others enacted on their behalf. This remuneration may be obtained through civil action in a court of competent jurisdiction and shall be in addition to any fines assigned and collected as per the above.
E.
An action or proceeding in the name of the Town of Henrietta may be commenced in any court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision of this chapter. Such remedy shall be in addition to penalties otherwise prescribed by law.
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.
[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.