[HISTORY: Adopted by the Town Board of the Town of Coeymans as indicated in article histories. Amendments noted where applicable.]
Septic systems — See Ch. 131.
Subdivision of land — See Ch. 145.
[Amended 8-23-2010 by L.L. No. 2-2010]
The purpose of this article is to establish a schedule of sewer rents and time for collection thereof for the Coeymans Hamlet Sewer District, Town of Coeymans, County of Albany, State of New York, and for users outside of the District that utilize the Town of Coeymans Hamlet Sewer System.
The area within which such rent be paid and/or payable is hereby described as follows:
The Coeymans Hamlet Sewer District situated in the Town of Coeymans, Albany County, New York, comprises all of that tract or parcel of land described as follows:
Also including all that parcel of tract of land situated southwesterly of the Village of Ravena and more particularly described as follows:
Also including such other properties either within or outside the Town of Coeymans that utilize the Town of Coeymans Hamlet Sewer System.
[Added 8-23-2010 by L.L. No. 2-2010]
[Amended 12-27-1976; 8-23-2010 by L.L. No. 2-2010]
The Town Board shall annually fix and determine by resolution the amount of the sewer rent to be charged for each classification of property users within the Coeymans Hamlet Sewer District and for each classification of users outside the District that utilize the Town of Coeymans Hamlet Sewer in accordance with General Municipal Law, § 452.
[Amended 8-23-2010 by L.L. No. 2-2010]
Such sewer rents shall be payable annually in two installments: half of such sewer rent shall be payable on the first day of January and the second installment shall be payable on the first day of July in each year, beginning in the year 1971. In the event that said sewer rent is not paid within 30 days from the due date, a ten-percent penalty shall be added to the charge imposed upon real property. The Town Clerk shall annually file with the Town Board a statement showing the unpaid rates, charges and fees for the Coeymans Hamlet Sewer District and any out-of-district users, containing a brief description of the property against which such sewer rents were imposed, the names of the persons or corporations liable to pay for the same and the amounts chargeable to each. In the event that the fee and penalty shall not be paid prior to the levy of Town taxes, including taxes for special district purposes, then the Supervisor shall, pursuant to § 198, Subdivision 1(k), of the Town Law, transmit a statement of such delinquency to the County Legislature of the County of Albany, which shall levy the sums against the property liable therefore.
The revenues derived from the rents as collected, including penalties and interest, shall be credited to a special fund to be known as the "Coeymans Hamlet Sewer District Rent Fund," which moneys shall be used for the following purposes:
For the payment of the costs of operation, maintenance and repairs of the Coeymans Hamlet Sewer District.
For the payment of interest on and amortization of, or payment of indebtedness which has or shall be incurred for, the construction or reconstruction of sewer systems within the said Coeymans Hamlet Sewer District.
For the construction of sewage treatment and disposal works with the necessary appurtenances thereto, including pumping station or stations, or for the extension, enlargement, replacement of, or additions to, the said Coeymans Hamlet Sewer District, or any part or parts thereof.
Such revenues shall be used only as aforesaid and in compliance with the provisions of § 453 of the General Municipal Law of the State of New York.
[Adopted 9-14-1982 by L.L. No. 2-1982]
Unless the context specifically indicates otherwise, the meaning of terms used in this article shall be as follows:
- ADMINISTRATIVE BODY
- The duly appointed/elected Town Board of the Town of Coeymans or its authorized deputy or representative.
- American Society for Testing and Materials.
- 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., expressed in parts per million by weight.
- Any person, persons, or corporation who undertakes to construct, either under contract or for resale, any habitable building.
- BUILDING DRAIN
- That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the wall of the building and conveys it to the building sewer, beginning five feet outside the inner face of the building wall.
- BUILDING SEWER
- The extension from the building drain to the public sewer or other place of disposal.
- COMBINED SEWER
- A sewer receiving both runoff and sewage.
- An impairment in the quality of the waters of the state by waste to a degree which creates a hazard to the public health through poisoning or through the spread of disease.
- Any person, firm, or corporation approved by the Town Board to do work in the town.
- Any person, persons or corporation who undertake to construct simultaneously more than one housing unit on a given tract or land subdivision.
- The professional engineer retained for the Town of Coeymans.
- Solid wastes from the preparation, cooking and dispensing of food and from the handling, storage and sale of produce.
- INDUSTRIAL USER
- Any industrial or commercial establishment with a classification as designated in the "Standard Industrial Classification Manual" 1972 edition, as published by the Executive Office of the President and who utilizes the services of the town's sewer system.
- INDUSTRIAL WASTES
- The liquid wastes from industrial processes as distinct from sewage.
- LOCAL GOVERNING BODY, TOWN BOARD OR LOCAL BOARD
- Town Board or Village Board.[Added 8-14-1990 by L.L. No. 1-1990]
- NATURAL OUTLET
- Any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.
- The New York State Department of Environmental Conservation or other duly authorized official of said Department.
- The New York State Department of Transportation.
- Any individual, firm, company, association, society, person or group having title to real property.
- Any individual, firm, company, association, society, corporation, or group.
- The logarithm of the reciprocal of the concentration of hydrogen ions in grams-ionic weights per liter of solution.
- Man-made or man-induced alteration of the chemical, physical, biological or radiological integrity of water.
- POTW TREATMENT PLANT
- That portion of the municipal system which is designed to provide treatment (including recycling and reclamation) wastes received by the municipal system.
- The reduction of the amount of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, process changes or by other means, except as prohibited by 40 CRF 403.6, General Pretreatment Regulations for Existing and New Sources of Pollution.
- PROPERLY SHREDDED GARBAGE
- The wastes from the preparation, cooking and dispensing of food that has been shredded to such degree that all particles will be carried freely under the flow condition normally prevailing in public sewers, with no particle greater than 1/2 inch in any dimension.
- PROPERTY LINE
- Curbline if the building sewer is to connect with the public sewer in a public street. "Property line" shall mean the edge of a sewer right-of-way in those instances where the building sewer connects to the public sewer in a right-of-way.
- PUBLICLY OWNED TREATMENT WORKS (POTW)
- A treatment works as defined by Section 212 of the Act (33 USG 1292). This includes any sewers that convey wastewater to the POTW but does not include pipes, sewers or other conveyances not connected to a facility providing treatment.
- PUBLIC SEWER
- A sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.
- SANITARY SEWER
- A sewer which carries sewage and to which storm-, surface and ground waters are not intentionally admitted.
- A combination of the water-carried waste from residences, business buildings, institutions and industrial establishments, together with such ground-, surface and stormwater as may be present.
- A pipe or conduit for carrying sewage.
- SIGNIFICANT INDUSTRIAL USER
- Any user who:
- (1) Has a discharge flow of 25,000 gallons or more per average work day;
- (2) Has a flow greater than 5% of the flow in the municipality's wastewater system;
- (3) Has in his wastes toxic pollutants as defined pursuant to Section 307 of the Act;
- (4) Has been identified as one of the 21 industrial categories pursuant to Section 307 of the Act; or
- (5) Is found by the county to have significant impact, either singly or in combination with other contributing industries, on the treatment or collection system.
- Denotes the State Pollution Discharge Elimination System established by Article 17 of the Environmental Conservation Law of the State of New York for issuance of permits authorizing discharges to the waters of the state.
- STORM SEWER OR STORM DRAIN
- A pipe or conduit which carries storm and surface waters and drainage, but excludes sewage and industrial wastes.
- The Superintendent of the Sewer District of the Town of Coeymans, or his authorized deputy, agent or representative.
- 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 filtering.
- The Town of Coeymans, County of Albany, State of New York.
- The United States Environmental Protection Agency or, where appropriate, a designation for the administrator or other duly authorized official of said agency.
- A channel in which a flow of water occurs, either continuously or intermittently.
"Shall" is mandatory; "may" is permissive.
The purposes of these rules and regulations are specifically stated as follows:
To prohibit excessive volume and/or inordinate rates of flow of sewage and wastes into the town system and all sewers tributary thereto.
To prohibit the contribution of sewage, industrial wastes or other wastes of a flammable nature or which create in any way a poisonous or hazardous environment for sewerage maintenance and operation personnel.
To prohibit the contribution of sewage, industrial wastes or other wastes which may impair the hydraulic capacity, operation of the intercepting sewers, force mains, pumping stations sewage regulators and other structures and appurtenances of the town system and sewers tributary thereto.
To prohibit the contribution of sewage, industrial wastes or others wastes which may create operating difficulties at the water pollution control plant as it now exists or may be constructed, modified or improved in the future.
To prohibit and/or regulate the contribution of sewage, industrial wastes or others wastes which require for treatment at the plant, greater expenditures than are required for equal volumes of normal sewage.
To require the pretreatment of flow control, before introduction into the town sewerage system, or sewers tributary thereto, of such wastes as may impair the strength and/or durability of the structures appurtenant to the system or may interfere with the normal treatment processes or may impair the designated uses of the classified receiving waters.
To provide cooperation with the County Department of Health and any other agencies which have requirements or jurisdiction for the protection of the physical, chemical and bacteriological quality of watercourses within or bounding the town.
To protect the public health and to prevent nuisances.
It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner upon public or private property within the town, or in any area under the jurisdiction of said town, any human or animal excrement, garbage or other objectionable waste. Exceptions may be granted by the administrative body to an owner or lessee acting in the normal course of farm or garden operations but only after specific application by such owner or lessee and upon such conditions as the administrative body may impose.
It shall be unlawful to discharge to any watercourse, either directly or through any storm sewer, within the town or in any area under the jurisdiction of the town, any sewage, industrial wastes or other polluted waters. Use of separate storm sewers and sanitary sewers is mandatory for all future construction in the town. No combined sewers will be allowed to be constructed in the future.
Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage.
The owners of any house, building or property, 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 sanitary sewer is hereby required, at their expense, to install suitable toilet facilities therein and to connect such facilities directly with the proper public sewer in accordance with the provisions of this article, within 90 days after the date of official notice to do so, provided that said public sewer is located within 100 feet of the property line.
Where a public sanitary sewer is not available under the provisions of § 134-11, the building sewer shall be connected to a private sewage disposal system complying with the requirements of the Albany County Department of Health, or ACDOH, dealing with septic tank installations.
At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in § 134-11, a direct connection shall be made to the public sewer in compliance with this article, and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned and filled with suitable material.
No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by the authorized representative of the Albany County Department of Health.
[Amended 8-14-1990 by L.L. No. 1-1990]
No person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer thereof without first obtaining a written permit from the appropriate local government body of the town.
[Amended 8-14-1990 by L.L. No. 1-1990]
In the case of residential and commercial services, the owner or his agent shall make application on a special form furnished by the appropriate local governing body. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the local governing body. Permit, tap-in and inspection fees for residential and commercial services shall be established by the Town Board and shall be collected by the Town Clerk at the time the application is filed.
In the case of establishments which produce industrial wastes, the owner or his agent shall make application on a special form furnished by the town. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Engineer. The administrative body shall approve or disapprove the application prior to action by the local governing body. If the application is approved, the local governing body shall establish a permit, tap-in and inspection fee for each commercial, industrial or other nonresidential building as compared to the demands of a single residential structure. All engineering costs incurred by the local governing body for its separate engineering review shall be paid by the owner or his agent, or builder or developer.
In the case of a significant industrial user and all other establishments producing industrial waste, the permit system above mentioned shall be administered as follows:
The maximum period of discharge under a permit is three years. At the end of the three-year period, the permit holder must make application with the Town Clerk for renewal, extension and/or modification of the permit.
The terms and conditions under which a permit is granted is subject to modification by the Town Board. No modification of the permit's terms and conditions may be made without written notification to the permit holder. The terms and conditions of any modification should be sent by certified mail by the Town Clerk to the permit holder at least 30 days prior to the meeting of the Town Board.
A permit shall not be reassigned, transferred or sold to a new owner, new user, new or changed operation or to different premises.
A holder of an industrial permit shall apply for a permit modification if the industrial production or process is changed so that the characteristics of the wastewater or flow is altered.
The permit application shall require information concerning volume, constituents and characteristics of the wastewater, flow rate, each product produced by type, amount and rate of production and a description of the activities, facilities and plant processes on the premises, including all materials processed and types of material which are or can be discharged.
The conditions of a wastewater discharge permit shall be uniformly enforced and shall be expressly subject to all provisions of this article and all other regulations, user charges and fees established by the county and applicable state and federal regulations.
The permits shall contain specifications for applicable monitoring programs which may include sampling locations, frequency of sampling, number, types and standards per test and reporting schedule.
A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another on an interior lot, and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer. Where building sewers are to serve multiple dwelling structures, there shall be provided at least one separate building sewer for each group of four living units.
Existing building sewers may be used in connection with new buildings only when they are found, on examination and test by the Superintendent, to meet all requirements of this article.
[Amended 8-14-1990 by L.L. No. 1-1990]
The building sewer shall be tar-coated, extra heavy cast iron soil pipe, conforming to ASTM Specifications A74, and American Standards Association (ASA) Specifications A-40.0. ABS pipe specifications ANSI-ASTM D-2751 (latest revision), all joints shall be solvent welded, type SC, all pipe couplings and fittings shall be tight and waterproof. Any part of the building sewer that is located within 10 feet of a water service pipe shall be constructed of cast iron soil pipe with leaded joints. Cast iron pipe with leaded joints shall be required where the building sewer is exposed to damage by tree roots. If installed in filled or unstable ground, the building sewer shall be of cast iron soil pipe, except that nonmetallic material may be accepted if laid on a suitable concrete bed or cradle as approved by the local governing body. Building sewer pipe shall have a maximum length of five feet between joints.
The size and slope of the building sewer shall be subject to the approval of the local governing body, but in no event shall the diameter be less than four inches, nor shall the slope of the pipe be less than 1/8 inch per foot.
Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. No building sewer shall be laid parallel to and within three feet of any bearing wall, which might thereby be weakened. The depth shall be sufficient to afford protection from frost, but in no event shall be less than three feet. The building sewer shall be laid at uniform grade and in straight alignment insofar as possible. Changes in direction shall be made only with properly curved pipe and fittings. The ends of the building sewer which are not connected to the building drain of the structure for any reason shall be sealed against infiltration by a suitable stopper plug or other approved means.
In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sewage or industrial wastes carried by such drain shall be lifted by approved mechanical means and discharged to the building sewer.
All excavations required for the installation of a building sewer shall be open trench work unless otherwise approved by the local governing body. Pipe laying and backfill shall be performed in accordance with Section 3 through 6 of ASTM Specifications C12 except that no backfill shall be placed until the work has been inspected and except that trench width measured at the top of the installed pipe shall not exceed 24 inches.
[Amended 8-14-1990 by L.L. No. 1-1990]
All joints and connections shall be made gastight and watertight. Cement joints may be permitted subject to approval of the Engineer and/or Superintendent.
Cast iron pipe joints shall be firmly packed with oakum or hemp and filled with molten lead not less than one inch deep. Lead shall be run in one pouring and caulked tight. No paint, varnish or other coating shall be permitted on the jointing material until after the joint has been tested and approved. The transition joint between cast iron pipe and other pipe material shall be made with special adapters and joint materials approved by the local governing body.
Premolded gasket joints for hub and plain and cast iron pipe may be used if approved by the local governing body and shall be neoprene compression-type gasket which provides a positive double seal in the assembled joint. The gasket shall be a premolded, one-piece unit, designed for joining the cast iron hub and plain end soil pipe and fittings. The assembled joint shall be sealed by compression of the gasket between the exterior surface of the spigot and the interior surface of the hub. The joint shall be assembled following the manufacturer's recommendation using acceptable lubricant and special pipe-coupling tools designed for that purpose. The plain spigot end shall be forced into the hub end of the pipe for the full depth of the hub itself. Lubricant shall be bland, flax-base, nontoxic material and shall not chemically attack the gasket material.
ABS pipe shall follow the manufacturer's recommendations, using properly designed couplings, pursuant to the published information relating thereto.
[Amended 8-14-1990 by L.L. No. 1-1990]
The connection of the building sewer into an existing public sewer shall be made at the property line. Except as provided under §§ 134-31 and 134-32, if the portion of the building sewer located in the street or right-of-way has not previously been provided, such will be constructed from the existing public sewer to the property line by the owner, builder or developer, upon submittal of the proper request and obtaining approval and consent of the governing body. All costs and expense incident to the installation and connection of the entire length of building sewer shall be borne by the owner. The owner shall indemnify the local governing body from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. The method of connection of the building sewer to the public sewer (at the property line) will be dependent upon the type of pipe material used and in all cases shall be approved by the local governing body.
The applicant for the building sewer permit shall notify the local governing body when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the duly authorized representative of the local governing body.
When trenches are opened for the laying of building sewer pipes, such trenches shall be inspected before the trenches are filled; and the person performing such work shall notify the local governing body when the installation of the building sewer is completed. The filling of a trench before inspection is made will subject the person to whom a permit is issued to a penalty to be established by the Town Board.
All excavations for building sewer installation 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.
When any building sewer is to serve a school, hospital or similar institution or is to serve a complex of industrial or commercial buildings, or which, in the opinion of the administrative body, will receive sewage or industrial wastes of such volume or character that frequent maintenance of said building sewer is anticipated, then such building sewer shall be connected to the public sewer through a manhole. The administrative body shall determine if and where this type of connection to the public sewer is required. Connections to existing manholes shall be made as directed by the Superintendent. If required, a new manhole shall be installed in the public sewer pursuant to § 134-33, and the building sewer connection made thereto as directed by the Superintendent.
All extensions to the sanitary sewer system owned and maintained by the town or a local governing body shall be properly designed in accordance with and in strict conformance with all requirements of the New York State Department of Environmental Conservation and the Albany County Health Department. Plans and specifications for sewer extensions shall be submitted to, and approval obtained from, the local governing body and the New York State Department of Environmental Conservation and the Albany County Health Department before construction may proceed. The design of sewers must anticipate and allow for flows from all possible future extensions or developments within the immediate drainage area.
Sewer extensions, including individual building sewers from the public sewer to the property line, may be constructed by the local governing body under contract if in the opinion of the local Town Board, the number of properties to be served by such extensions warrants its cost. Under this arrangement, the property owner shall pay for and install the building sewer from the property line to his residence or place of business in accordance with the requirements of § 134-15 through 134-29. Property owners may propose sewer extensions within the town by drafting a written petition, signed by a majority of the benefiting property owners, and filing it with the appropriate Board. The cost of such extensions may be assessed to the benefited property owners in any manner determined by the local Board.
[Amended 8-14-1990 by L.L. No. 1-1990]
If the local governing body does not elect to construct a sewer extension under public contract, the property owner, builder or developer may construct the necessary sewer extension, if such extension is approved by the local Board in accordance with the requirements of § 134-30. He or they must pay for the entire installation, including all expenses incidental thereto. Each building sewer must be installed and inspected as previously required and the inspection fees shall be paid. Design of sewer shall be as specified in § 134-33. The installation of the sewer extension must be subject to inspection by the local governing body and the expenses for this inspection shall be paid for by the owner, builder or developer. The local Board's decision shall be final in matters of quality and methods of construction. The sewer, as constructed, must pass the exfiltration test required in § 134-34 before it is to be used. The cost of sewer extension thus made shall be absorbed by the developers or the property owners, including all building sewers.
[Amended 8-14-1990 by L.L. No. 1-1990]
Sewer design shall be in accordance with the following provisions. All pipe used in construction of building sewer in public right-of-way to the owner's property line will be heavy wall PVC sewer pipe, ASTM D-3034 O.D. SDR 26 wall, minimum internal pipe diameter will be six inches, or equivalent as determined by the governing body. All pipe used in construction of public sewers will be heavy wall PVC sewer pipe ASTM D-3034 O.D. SDR 26 wall minimum internal pipe diameter will be eight inches, or equivalent as determined by the governing body. Minimum internal pipe diameter shall be eight inches. Joints for each kind of pipe shall be designed and manufactured such that O-ring gaskets of the "snap-on" type are employed. Gaskets shall be continuous, solid, natural or synthetic rubber and shall provide a positive compression seal in the assembled joint such that the requirements of § 134-34 are met. Joint preparation and assembly shall be in accordance with the manufacturer's recommendations. Wye branch fittings shall be installed for connection to building sewers in accordance with § 134-17. Trench widths as measured just above the crown of the pipe shall not exceed the following:
If the trench widths are found, during field inspection, to exceed the limits in the above table, the sewer pipe shall be encased with a minimum of six inches of concrete. Pipe shall be firmly and evenly bedded on a minimum of three inches of No. 1A or No. 1 crushed stone (NYSDPW specification). Pipe thickness and field strength shall be calculated on the following criteria:
Utilizing the above information, design shall be made as outlined in Chapter IX of the Water Pollution Control Federation Manual of Practice No. 9, "Design and Construction of Sanitary and Storm Sewers."
Manholes shall be constructed at all changes in slope or alignment or at intervals not exceeding 400 linear feet. The manholes shall be constructed with a poured 3,000 psi concrete base 12 inches thick, steel troweled concrete or mortar bench walls and inverts, and precast four-foot diameter concrete manhole barrel sections with concentric tapered top section, as specified by ASTM C-478. The manhole frame and cover shall be the standard design of the local governing body and shall be set with no less than two courses of brick underneath to allow for later adjustment in elevation. All joints shall be sealed against infiltration.
All sewers shall satisfy requirements of a final exfiltration test before they will be approved and sewage flow accepted from them by the local governing body. This test consists of filling the pipe with water to provide a head of at least five feet above the top of the pipe or five feet above groundwater, whichever is higher, at the highest point of the pipe line under test, and then measuring the loss of water from the line by the amount which must be added to maintain the original level. In this test, the line must remain filled with water for at least 24 hours prior to the taking of measurements. Exfiltration shall be measured by the drop of water level in a standpipe with closed bottom end, or in one of the sewer manholes available for convenient measuring.
When a standpipe and plug arrangement is used in the upper manhole of a line under test, there must be some positive method of releasing entrapped air in the sewer prior to taking measurements. The test length intervals for either type of test shall be as ordered or approved but in no event shall they exceed 1,000 feet. In the case of sewers laid on steep grades, the length of line to be tested be exfiltration at any one time may be limited by the maximum allowable internal pressure on the pipe and joints at the lower end of the line. The test period wherein the measurements are taken shall not be less than two hours in either type of test.
The total leakage of any section tested shall not exceed the rate of 100 gallons per mile of pipe per 24 hours per inch of nominal pipe diameter. For purposes of determining the maximum allowable leakage, manholes shall be considered as sections of forty-eight-inch diameter pipe, five feet long. The equivalent leakage allowance shall be 4.5 gallons per manhole per 24 hours, for forty-eight-inch diameter manholes. If leakage exceeds the specified amount, the necessary repairs or replacements required shall be made to permanently reduce the leakage to within the specified limit, and the tests shall be repeated until the leakage requirement is met.
[Amended 8-14-1990 by L.L. No. 1-1990]
All sewer extensions constructed at the property owner's, builder's or developer's expense, after final approval and acceptance by the local Board, shall become property of and shall thereafter be maintained by the local governing body. Said sewers, after their acceptance by the local governing body, shall be guaranteed against defects in materials or workmanship for 18 months. The guaranty shall be in a form provided for by the local governing body. At the sole discretion of the local Board, a completion bond or certified check may be demanded as part of the guaranty. In order to obtain final approval and acceptance by the local governing body, the owner, builder or developer must provide as-built plans of the sewer line construction, including ties to property line of Wye for sewer laterals and public sewer and end of the building sewer at property line.
No builder or developer shall be issued a building permit for a new dwelling or structure requiring sanitary facilities unless a suitable and approved method of waste disposal is proposed. All new developments shall be provided with an approved system of sanitary sewers.
No person shall discharge or cause to be discharged any stormwater, surface water, ground water, roof runoff, subsurface drainage cooling water or unpolluted industrial process waters to any sanitary sewer.
Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers, or to the watercourse approved by the town. Industrial cooling water or unpolluted process water may be discharged, upon approval of the local governing body, to a storm sewer or natural outlet. Any industrial cooling water discharge is also subject to application for a SPDES permit, and any such discharge is subject to New York State and federal regulations.
Except as hereinafter provided, no person shall discharge or cause to be discharged, any of the following described water or wastes to any public sewer:
Any liquid or vapor having a temperature higher than 150° F. (65° C.), or in such quantities that the temperature at the treatment works influent exceeds 104° F. (40° C.).
Any waters or wastes which contain grease or oil or other substance that will solidify or become discernibly viscous at temperatures between 32° F. and 150° F.
Any waters or wastes containing fats, wax, grease or oils, whether emulsified or not, exceeding an average of 50 parts per million (417 pounds per million gallons) ether soluble matter.
Any liquid, solid 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 explosions or be injurious in any other way to the POTW or to the operation of the POTW. At no time shall two successive readings on an explosion hazard meter at the point of discharge into the system (or at any point in the system) be more than 5% nor any single reading over 10% of the lower explosive limit (LEL) of the meter. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides and any other substances which the county, the state or EPA has notified the user is a fire hazard or a hazard to the system.
Any noxious or malodorous gas such as hydrogen sulfide, sulfur dioxide or nitrous oxide or other substance which, either singly or by interaction with other wastes, is capable of creating a public nuisance or hazard to life or of preventing entry into sewers for their maintenance and repair.
Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of 3/4 horsepower or greater shall be subject to the review and approval of the local governing body. Garbage grinders shall not be used for disposal of plastics, plastic products, inert materials or garden refuse; or wastes generated in preparation of food not normally consumed on the premises.
Any ashes, cinder, sand, straw, shavings, metal, glass, rags, feathers, tar, plastic, cardboard, wood, paunch manure, hair and fleshings, entrails, lime slurry, lime residues, cannery waste, bulk solids or any other solid or viscous substance capable of causing obstruction to the flow of the sewers or other interference with the proper operation of the sewage works.
Any waters or wastes, acid and alkaline in reaction, having corrosive properties capable of causing damage or hazard to structures, equipment and personnel of the sewage works. Free acids and alkalis must be neutralized, at all times, within a permissible pH range of 6.0 to 9.5.
Any cyanides, in excess of two parts per million by weight as CN.
Any radioactive wastes or isotopes of such half-life concentrations that may exceed limits established by applicable local, county, state or federal regulations.
Any waters or wastes that for a duration of 15 minutes have a concentration greater than four times that of "normal" sewage as measured by suspended solids and BOD and/or which is discharges continuously at a rate exceeding 200 gallons per minute except by special permit. Normal sewage shall be construed to fall within the following ranges:
Any stormwater, roof drains, spring water, cistern or tank overflow, footing drain, discharge from any vehicle wash rack or water motor, or the contents of any privy vault, septic tank or cesspool, or the discharge or effluent from any air-conditioning machine or refrigeration unit.
No person shall discharge or cause to be discharged any waters or wastes containing a toxic or poisonous substance, a high chlorine demand or suspended solids in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals or create any hazard in the receiving waters or the effluent of the town sewage treatment plant. Such toxic substances shall be limited to the average concentrations listed hereinafter in the sewage as it arrives at the treatment plant or as set in a categorical pretreatment standard, and at no time shall the hourly concentration at the sewage treatment plant exceed three times the average concentration. If concentrations listed are exceeded, individual establishments will be subject to control by the Engineer and/or Superintendent in volume and concentration of water discharges.
Any discoloration such as, but not limited to, dyes, inks and vegetable tanning solutions or any other conditions in the quality of treatment works effluents in such a manner that receiving quality requirements established by law cannot be met.
Any water or wastes containing phenols or other waste producing substances, in such concentrations exceeding limits which may be established by the Engineer and/or Superintendent as necessary, after treatment of the composite sewage, to meet the requirements of the state, federal or other public agencies of jurisdiction for such discharge to the receiving waters.
Any substance which may cause the POTW's effluent or any other product of the POTW, such as residues, sludge or scums, to be unsuitable for reclamation 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 the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act, any criteria, guidelines or regulations affecting sludge use or disposal development pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substance Control Act, or state criteria applicable to the sludge management method being used.
If any waters or wastes are discharged, or are proposed to be discharged, to the public sewer by any user, which waters contain the substances or possess the characteristics enumerated in this § 134-39 and which, in the judgment of the Engineer and/or Superintendent, may have a deleterious effect upon the sewage works, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Engineer and/or Superintendent may:
Reject the wastes.
Require pretreatment to an acceptable condition for discharge to public sewers.
Require control over the quantities and rates of discharge.
Require payment to cover the added cost of handling and treating the wastes and damage to sewer system, not covered by existing taxes or sewer charges.
Grease, oil and sand interceptors shall be provided when the above set limits for those substances are exceeded or when, in the opinion of the Engineer, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand and other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Engineer, and shall be located 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 temperatures. They shall be of substantial construction, watertight and equipped with easily removable covers which when bolted in place shall be gastight and watertight.
Where installed, all grease, oil and sand interceptors shall be maintained by the owner, at his expense, in continuously efficient operation at all times and shall be readily accessible and open to inspection by the Superintendent of the Sewer District at any time.
The admission into the public sewers of any waters or wastes having a five-day biochemical oxygen demand greater than 300 parts per million, or containing more than 350 parts per million of suspended solids, or containing more than 20 parts per million of chlorine requirements, or containing any quantity of substances having the characteristics described in § 134-39, or having an average daily flow greater than 2% of the average daily sewer flow of the town shall be subject to the review and approval of the Engineer. Where necessary, in the opinion of the Engineer, the owner shall provide, at his expense, such preliminary treatment as may be necessary to reduce the biochemical oxygen demand to 300 parts per million and the suspended solids to 350 parts per million by weight, or reduce the chlorine requirements to 20 parts per million, or reduce objectionable characteristics or constituents to within the maximum limits provided for in § 134-39, 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 Engineer and/or Albany County Health Department, and no construction of such facilities shall be commenced until said approvals are obtained in writing. Failure to comply with one or more of the remedial procedures as required by the Engineer will constitute a violation of this article.
Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.
When required by the Engineer and/or Superintendent or classified as a significant industrial user, the owner of any property served by a building sewer carrying 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 accessibly and safely located, and shall be constructed in accordance with plans approved by the Engineer. 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.
All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in §§ 134-39 and 134-42 shall be determined in accordance with "Standard Methods for the Examination of Water and Sewage," upon suitable samples taken at control manhole provided for in § 134-44. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected.
No statement contained in this article shall be construed as preventing any special agreement or arrangement between the Town Board and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the industrial concern. Acceptance of such wastes shall not cause the POTW to violate its SPDES permit or the receiving water quality standards or any pretreatment regulations promulgated by USEPA or NYSDEC in accordance with Section 307 of PL 95-217.
All of the preceding standards are to apply at the point where the industrial wastes are discharged into the public sanitary sewerage system and any chemical or mechanical corrective treatment required must be accomplished to practical completion before the wastes reach that point. The laboratory methods used in the examination of all industrial wastes shall be those set forth in the latest edition of "Standard Methods for the Examination of Water and Sewage," published by the American Public Health Association. However, alternate methods for the analysis of industrial wastes may be used subject to mutual agreement between the town and the producer of such wastes. The frequency and duration of the sampling of any industrial waste shall not be less than once every three months for a twenty-four-hour period. However, more frequent and longer periods may be required at the discretion of the town at the expense of the user.
Detailed plans showing facilities and operating procedures to provide protection from accidental discharge of prohibited materials or other wastes from significant contributing industries must be submitted to the town for review and shall be acceptable to the town before construction of the facilities.
An industrial user shall notify the town immediately upon accidentally discharging wastes in violation of this article. This notification shall be followed within 15 days of the date of occurrence by a detailed written statement describing the causes of the accidental discharge and the measures being taken to prevent future occurrence. Such notification will not relieve users of liability for any expense, loss or damage to the sewer system, treatment plant or treatment process, or for any fines imposed on the town under applicable state and federal regulations.
A notice shall be furnished and permanently posted on the industrial user's bulletin board advising employees whom to call in case of an accidental discharge in violation of this article. Also copies of this article are to be made available to user's employees.
Any direct or indirect connection or entry point for persistent or deleterious wastes to the user's plumbing or drainage system should be eliminated. Where such action is impractical or unreasonable, the user shall approximately label such wastes in violation of this article.
When pretreatment regulations are adopted by USEPA or NYSDEC for any industry, then that industry must immediately conform to the USEPA or NYSDEC timetable for adherence to federal or state pretreatment requirements and any other applicable requirements promulgated by USEPA or NYSDEC in accordance with Section 307 of the PL 95-217. Additionally, such industries shall comply with any more stringent standards necessitated by local conditions as determined by the town.
The town reserves the right to establish by local law more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objective presented in § 134-7 of this article.
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 unless authorized by state or federal regulations.
No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of any sewerage work. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.
A contractor must present a certificate of insurance showing suitable liability insurance before a permit will be issued for construction of building sewers, sewer extensions or private sewage disposal.
Persons or occupants of premises where wastewater is produced or discharged shall allow the USEPA, NYSDEC or their representative ready access at all times to all parts of the premises for the purpose of inspection or sampling or in the performance of any of their duties. The town shall have the right to set up on the user's property such devices as are necessary to conduct sampling or metering operations. The town may at reasonable times have access to any copy and records, inspect any monitoring equipment or method required by the town's wastewater discharge local law and sample any effluents which the owner or operator of such source is required to sample. Where a user has security measures in force, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the town will be permitted to enter without delay.
Any person found to be violating any provision of this article except § 134-55 shall be served by the town or local governing body with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
Any person, individual, firm, corporation or partnership who fails to comply with the provisions of this article, other than those provisions pertaining to the payment of charges for services established herein, shall be guilty of disorderly conduct and shall be subject to fine not exceeding $250 or imprisonment not exceeding 15 days, or both, for each offense. The continued violation of any provision of any section of this article, other than those pertaining to the payment of charges for services established herein, shall constitute a separate offense for each and every day such violation of any provision hereof shall continue. Additionally, the person found in violation of any section of this article shall be liable and responsible to the town for any and all damage caused by the violation and any expense to the town incurred to inspect and investigate any such violation.
As an alternative, upon violation of this article, the proper authorities of the Town Board or local governing body, in addition to other remedies, may institute any appropriate action or proceedings including an injunction to prevent such unlawful use, construction or maintenance of cesspools, septic tanks, sewage disposal systems, pipes or drains; to restrain, correct or abate such violation; or to prevent the occupancy of any building structure or land where said violation of this article is found.
Any person violating any of the provisions of this article shall become liable to the town or local governing body for any expense, loss or damage occasioned the town or local governing body by reason of such violation.
Any person who knowingly makes any false statements, representation, record, report, plan or other documentation filed with the municipality or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method under this article shall be punishable by a fine not more than $250 or by imprisonment for not more than 15 days, or both.
The town is also authorized to issue an order to cease and desist and direct those persons not complying with such prohibitions, limits requirements or provisions of this article or the wastewater discharge permit to:
The town may revoke any wastewater discharge permit or terminate or cause to be terminated wastewater services to any premises if a violation of any provision of this article is found to exist or if a discharge of wastewater causes or threatens to cause a condition of contamination or pollution as defined in this article.
Each and every plumber, contractor or excavator or other person, firm or corporation other than the property owner himself, will be required to have a license issued by the local Town or Village Clerk before he will be permitted to do any work insofar as this article is concerned.
As part of the application for license to do work in the town, the applicant will present a license bond written by an indemnity or bonding company lawfully doing business in the State of New York, on a form provided by the Local Board.
If in the opinion of the local Board the work performed by the contractor violates the provisions of this article or any other local law of the local governing body, or if the contractor's work is, in the opinion of the local Board, substandard, then in that event, the local Board may revoke the license for the contractor to do work.