Town of Barton, NY Wastewater Collection System

The classification entitled "General commercial" under Subsection B shall not include single-family owner-occupied residences wherein businesses are maintained. That is, single-family owner-occupied residences wherein businesses are maintained shall be charged only one water capital unit charge per year.

The classification entitled "Beauty salons and barbershops" shall not include single-family owner-occupied residences wherein beauty salons or barbershops are maintained. That is, single-family owner-occupied residences wherein beauty salons or barbershops are maintained shall be charged only one water capital unit charge per year.

The classification entitled "Vacant lots" shall not include parking lots which have at least 75% of their total surface area covered with amecite, concrete, macadam or other types of pavement.

WASTEWATER COLLECTION SYSTEM RENT CHARGE

The Town of Barton may consider a factor for reasonable growth to any commercial or industrial classification.

(5)

None of the language contained herein shall give any wastewater collection system user the right to claim any refund owed for charges made under this article.

§ 139-3 Definitions; determination of charges.

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

A scale of charges established and imposed by the Town of Barton Board for the use of any municipal wastewater treatment facility, including that of the Town of Barton or the Village of Waverly, and the collection system or systems.

The amount of such wastewater collection system rent charge shall be based on consumption of water and will be levied and collected quarterly from a time to be determined by the Town of Barton Board.

The wastewater collection system rent charge will apportion the total of the Town of Barton's portion of operation and maintenance costs of the Village of Waverly's wastewater treatment facility or any wastewater treatment facility the Town of Barton may construct and the Town of Barton's collection system among system users in the proportion of the user water consumption to total water consumption.

Each property within a wastewater collection system shall have a water meter on its water supply. If the source of water is from a well, the water meter, as approved by the Town, shall be placed at the owner's expense. The wastewater collection system shall have a rent charge per 1,000 cubic feet of water consumption in an amount determined by the Town Board from time to time, taking into consideration the total operation and maintenance budget amount in dollars for the current fiscal year divided by the total water consumption for the prior calendar year measured in thousands of cubic feet of water. The Town Board, in its discretion, may apply a minimum rent charge per unit. All such rates and charges shall be filed with the Town of Barton Clerk.

§ 139-4 Penalties for late payment; liens.

Wastewater collection system capital charges and wastewater collection system rent charges which are not paid on or before 30 days from the date of presentation of the bill shall bear a penalty of 2%. If such wastewater collection system capital charges and wastewater collection system rent charges are not paid on or before 60 days from the date of presentation, an additional penalty of 10% of the accumulated amount shall be added to such capital charge and/or wastewater collection system rent charge. If such amount remains unpaid on the last day of November, the Town of Barton Clerk shall certify the amount due and payable to the Town of Barton Board, which shall levy the same as taxes and add such wastewater collection system capital charge and wastewater collection system rentals and penalties to the succeeding tax roll of the Town of Barton. Such tax shall be collected and enforced in the same manner and at the same time as provided for the collection and enforcement of Town of Barton taxes, and it shall be the duty of the Town of Barton Clerk to charge and collect interest thereon at the same rates specified for the collection of Town of Barton taxes. Such wastewater collection system capital charges and wastewater collection system rent charges shall constitute a lien on the real property served by such municipal wastewater treatment facility, and such a lien shall be prior and superior to any other lien or claim, except the lien of an existing tax, assessment or other lawful charge.

§ 139-5 Discontinuation of service.

All wastewater collection system service may be discontinued without further notice if the wastewater collection system rent and capital charges for such services are not paid within 30 days after presentation of the bill therefor.

§ 139-6 Wastewater collection system Capital and Rent Fund.

Revenues derived from such wastewater collection system capital charges and wastewater collection system rents, including interest, shall be credited to a special fund to be known as the "wastewater collection system Capital and Rent Fund." Moneys in such fund shall be used for the payment of the cost of debt service, capital expenditures and operation and maintenance of the municipal wastewater treatment facility and collection system.

§ 139-7 Applicability of charges.

All users of the municipal wastewater treatment facility and collection system, including tax-exempt properties, must pay wastewater collection system capital charges and wastewater collection system rent charges.

§ 139-8 Compliance required.

The use of the Town of Barton collection system and any municipal wastewater treatment facility shall be a privilege, not a right. Failure to comply with the requirements of this article may result in the termination of such privilege or discontinuance of services, in the complete discretion of the Town of Barton Board. Such discontinuance of service may be in addition to the penalties hereinbefore set forth.

§ 139-9 Restrictions on providing service.

The Town of Barton assumes no responsibility to provide wastewater collection system service to any building or property which is located at such a place or elevation as to make such service impractical. Wherever service can be provided, the basement level of a residence or building will be served, unless the location and grade of the building or property is such that service at the basement level is not feasible or practical from either an economic or an engineering point of view. In such a case, services shall be provided at such a level as is feasible.

§ 139-10 Promulgation of additional rules and regulations.

The Town of Barton reserves a right to adopt, however, from time to time such additional rules and regulations as it shall deem necessary and proper in connection with the use and operation of the municipal wastewater treatment facility and collection system, which rules and regulations shall become and shall be construed as part of this article. All such rules and regulations will be filed with the Town of Barton Clerk.

Article II Use

§ 139-11 Definitions; word usage.

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

ACT

The Federal Water Pollution Control Act, as amended.

BIOCHEMICAL OXYGEN DEMAND (BOD)

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

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 walls of the building and conveys it to the building wastewater collection system, terminating five feet (1.5 meters) outside the inner face of the building wall.

BUILDING WASTEWATER COLLECTION SYSTEM

The extension from the building drain to the public wastewater collection system or other place of disposal, also called "house connection."

COMBINED WASTEWATER COLLECTION SYSTEM

A wastewater collection system intended to receive both wastewater and storm- or surface water.

CONTAMINATION

An impairment of 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.

EASEMENT

An acquired legal right for the specific use of land owned by others.

ENGINEER

A professional engineer retained by the Town of Barton Board.

FLOATABLE OIL

Oil, fat or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. Wastewater shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system.

GARBAGE

The animal and vegetable waste resulting from the handling, preparation cooking and serving of foods.

INDUSTRIAL WASTES

The wastewater from industrial processes, trade or business, as distinct from domestic or sanitary wastewater.

MUNICIPALITY

The Town of Barton, Tioga County, State of New York, and, where appropriate, the Village of Waverly.

NATURAL OUTLET

Any outlet, including storm wastewater collection systems and combined wastewater collection system overflows, into a watercourse, pond, ditch, lake or other body of surface water or groundwater.

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION OR NYSDEC

The New York State Department of Environmental Conservation or a duly authorized official of said Department.

PERSON

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

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

PRETREATMENT

The reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of the pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a publicly owned treatment works. The reduction or alteration can be obtained by physical, chemical or biological processes, process changes or by other means, except as prohibited by 40 CPR 403.6, General Pretreatment Regulations for Existing and New Sources of Pollution.

PRIVATE WASTEWATER DISPOSAL SYSTEM

A privately owned system for the treatment and ultimate disposal of wastewater, such as a septic tank or cesspool, serving one or more structures.

PROPERLY SHREDDED GARBAGE

The wastes 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 wastewater collection systems, with no particles greater than 1/2 inch (1.27 centimeters) in any dimension.

PUBLICLY OWNED TREATMENT WORKS (POTW)

A treatment works as defined by Section 212 of the Federal Water Pollution Control Act, as amended (33 U.S.C. § 1292). Treatment works shall include any wastewater collection systems that convey wastewater to the POTW but shall not include pipes, wastewater collection systems or the conveyances not connected to a facility providing treatment.

PUBLIC WASTEWATER COLLECTION SYSTEM

A wastewater collection system in which all owners of abutting properties have equal rights and which is controlled by public authority or a governmental agency.

SANITARY WASTEWATER

Domestic wastewater with storm- and surface waters excluded, and includes wastewater discharging from the sanitary conveniences of dwellings (including apartment houses and hotels), office buildings, industrial plants or institutions.

SANITARY WASTEWATER COLLECTION SYSTEM

A wastewater collection system that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions, together with minor quantities of ground -, storm- and surface waters that are not admitted intentionally.

SEWAGE

A combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground-, surface and stormwaters that are not admitted intentionally. The preferred term is "wastewater." (See the definition of "wastewater.")

SEWAGE WORKS

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

SEWER

A pipe or conduit that carries wastewater or drainage water.

SLUG

Any discharge of water or wastewater which, in concentration of any given constituent or in quantity of flow, exceeds, for any period of duration longer than 15 minutes, more than five times the average twenty-four-hour concentration of flows during normal operation and shall adversely affect the collection system and/or performance of the wastewater treatment works.

STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM (SPDES) PERMIT

A permit issued pursuant to Section 402 of the Federal Water Pollution Control Act, as amended (33 U.S.C. § 1342).

STORM DRAIN (sometimes termed "storm wastewater collection system")

A wastewater collection system which caries storm- and surface waters and drainage but excludes sewage and industrial waste other than unpolluted cooling water.

SUPERINTENDENT

A person appointed by the Town Board of the Town of Barton as the Superintendent of Water Pollution Control of the Town of Barton or his or her authorized deputy, agent or representative.

SUSPENDED SOLIDS

Total suspended matter that either floats on the surface of or is in suspension in water, wastewater or other liquids and that is removable by laboratory filtering as prescribed in Standard Methods for the Examination of Water and Wastewater and referred to as "nonfilterable residue."

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY or USEPA

The United States Environmental Protection Agency or, where appropriate, the administrator or other duly authorized officer of said agency.

UNPOLLUTED WATER

Water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary wastewater collection systems and wastewater treatment facilities provided.

WASTEWATER

The spent water of a community. From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions, together with any groundwater, surface water and stormwater that may be present.

WASTEWATER FACILITIES

The structures, equipment and processes required to collect, carry away and treat domestic and industrial wastes and dispose of the effluent.

WASTEWATER TREATMENT WORKS

An arrangement of devices and structure for treating wastewater, industrial wastes and sludge; sometimes used as synonymous with "wastewater treatment plant" or "water pollution control plant."

WATERCOURSE

A natural or artificial channel for the passage of water, either continuously or intermittently.

WATER POLLUTION

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

Word usage. "Shall" is mandatory; "may" is permissive.

§ 139-12 Use of public wastewater collection systems required.

It shall be unlawful for any person in a wastewater collection improvement area or wastewater collection district, within the Town of Barton and outside the Village of Waverly, to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the Town of Barton or in any area under the jurisdiction of said Town of Barton any human or animal excrement, garbage or other objectionable waste.

It shall be unlawful for any person in a wastewater collection improvement area or wastewater collection district, within the Town of Barton and outside the Village of Waverly, to discharge to any natural outlet within the Town of Barton or in any area under the jurisdiction of said Town of Barton any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this article.

Except as hereinafter provided, it shall be unlawful for any person in a wastewater collection improvement area or wastewater collection district, within the Town of Barton and outside the Village of Waverly, to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of wastewater within any wastewater improvement area or district within the Town of Barton .

The owners of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes situated within any wastewater improvement area district within the Town of Barton 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 or combined wastewater collection system are hereby required, at their expense, to install suitable toilet facilities therein and to connect such facilities directly with the proper public wastewater collection system in accordance with the provisions of this article within 90 days after the date of the official notice to do so. Said owner shall also be required to keep said pipes and connections to the public wastewater collection system in proper operating condition and to make necessary repairs to said pipeline within 48 hours after official notice of any defect, leak, stoppage or other malfunction.

§ 139-13 Private sewage disposal systems.

No one shall be allowed to construct any privy, privy vault, septic tank, cesspool or other facility intended or used for the collection and disposal of wastewater within any wastewater collection system improvement area or district in the Town of Barton.

Properties within a wastewater improvement area or district in the Town of Barton that have existing septic systems will not be required to hook up immediately to the system. Rather, they shall have the following time frames from when the Town Board, or appropriate district, as the case may be, declares the construction of the wastewater collection system to be substantially completed:

If a new septic system has been installed within two years prior to substantial completion, then the property will have five years to be hooked up to the wastewater collection system. For purposes of all properties within the Town of Barton Wastewater Collection Improvement Area No. 1, this date shall be June 30, 2009.

If the septic system was installed more than five years before substantial completion of the new wastewater collection system, then the owner will have two years from the date of substantial completion to hook to the new system. For purposes of all properties within the Town of Barton Wastewater Collection improvement Area No. 1, this date shall be June 30, 2006. Such fees shall be on file with the Town Clerk.

Before commencement of construction of a private wastewater disposal system, the owner shall first obtain a written permit signed by the Superintendent. The application for such permit shall be made on a form furnished by the Town of Barton, which the applicant shall supplement by any plans, specifications and other information as are deemed necessary by the Superintendent. A permit and inspection fee as set forth from time to time by resolution of the Town of Barton Board shall be paid to the Town of Barton at the time the application is filed.

The private sewage disposal system shall be cleaned of sludge and filled with clean bank-run gravel or dirt.

The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times at no expense to the Town of Barton.

No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by any local or state health officer having jurisdiction.

§ 139-14 Building wastewater collection systems and connections; permits; fees.

No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public wastewater collection system or appurtenances thereof without first obtaining a written permit from the Superintendent.

Classes of permits; fees.

There shall be two classes of building wastewater collection system permits:

(a)

For residential, commercial or other establishments discharging sanitary wastewater only.

(b)

For service to establishments producing industrial wastes.

In either case, the owner or his agent shall make application, which application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Superintendent. Permit and inspection fees, as set forth from time to time by resolution of the Town of Barton, for residential or commercial building wastewater collection system permits and for industrial building wastewater collection system permits shall be paid to the Town of Barton at the time the application is filed.

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

A separate and independent building wastewater collection system shall be provided for every building, except that, where one building stands at the rear of another on an interior lot and no private wastewater collection system is available or can be constructed to the rear building through an adjoining alley, courtyard or driveway, then the building wastewater collection system from the front building may be extended to the rear building and the whole considered as one building wastewater collection system.

Old building wastewater collection systems 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.

The size, slope, alignment, materials of construction of a building wastewater collection system and the methods to be used in excavating, placing the pipe, jointing, testing and backfilling the trench shall all conform to the requirements of the New York State Building and Construction Code or other applicable rules and regulations of the Town of Barton and shall be subject to the approval of the Superintendent. In no event shall the diameter of such pipe be less than four inches, nor shall the slope of such four-inch pipe be less than 1/4 inch per foot. In the event that a five-inch pipe is used, the slope of such five-inch pipe shall not be less than 1/8 inch per foot.

Whenever possible, the building wastewater collection system shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public wastewater collection system, sanitary sewage carried by such building drain shall be lifted by approved artificial means and discharged to the building wastewater collection system.

No person shall make connection of roof downspouts, exterior foundation drains, areaway drains or other sources of surface runoff or groundwater to a building wastewater collection system or building drain which, in turn, is connected directly or indirectly to a public sanitary wastewater collection system unless such connection is approved by the Superintendent for purposes of disposal of polluted surface drainage.

The connection of the building wastewater collection system into the public wastewater collection system shall conform to the requirements of the New York State Building Construction Code or other applicable rules and regulations of the Town of Barton or the procedures set forth in appropriate specifications of the American Society for Testing and Materials and the Water Pollution Control Federation Manual of Practice No. 9. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the Superintendent before installation.

The applicant for the building wastewater collection system permit shall notify the Superintendent when the building wastewater collection system is ready for inspection and connection to the public wastewater collection system. The connection shall be made under the supervision of the Superintendent or his representative.

All excavations for building wastewater collection system 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 of Barton.

§ 139-15 Use of public wastewater collection systems.

No person shall discharge or cause to be discharged any unpolluted wastes, such as stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters to any sanitary wastewater collection system.

Stormwater and all other unpolluted drainage shall be discharged to such wastewater collection systems as are specifically designed as combination wastewater collection systems or storm wastewater collection systems or to a natural outlet approved by the Superintendent. Industrial cooling water or unpolluted process waters may be discharged, on approval of the Superintendent, to a storm wastewater collection system or natural outlet. Cooling water discharge will require a SPDES permit.

No person(s) shall discharge or cause to be discharged any of the following described waters or wastes to any public wastewater collection systems:

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

Any waters containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any waste treatment process, constitute a hazard to humans or animals, create a public nuisance or create any hazard in the receiving waters of the wastewater treatment plant.

Any waters or wastes having a pH lower than 5.0 or higher than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the wastewater works.

Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in wastewater collection systems or other interference with the proper operation of the wastewater facilities, such as but not limited to ashes, bones, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.

The following described substances, materials, waters or waste shall be limited in discharges to municipal systems to concentrations or quantities which will not harm either the wastewater collection systems, wastewater treatment process or equipment, will not have an adverse effect on the receiving stream or will not otherwise endanger lives, limb or public property or constitute a nuisance. The Superintendent may set limitations lower than the limitations established in the regulations below if, in his opinion, such more severe limitations are necessary to meet the above objectives. In forming his opinion as to the acceptability, the Superintendent will give consideration to such factors as the quantity of subject waste in relation to flows and velocities in the wastewater collection systems, materials of construction of the wastewater collection systems, the wastewater treatment process employed, capacity of the wastewater treatment plant, degree of treatability of the waste in the wastewater treatment plant, and other pertinent factors. The limitation or restrictions on materials or characteristic of waste or wastewater discharged to the sanitary wastewater collection system which shall not be violated without approval of the Superintendent are as follows:

Any liquid or vapor having a temperature higher than 150° F. (65° C.), or in such quantities that the temperature of the treatment works influent exceeds 40° C. (104° F.) unless the POTW is designed to accommodate such heat.

Wastewater containing more than 100 milligrams per liter of petroleum oil, nonbiodegradable cutting oils or products of mineral oil origin.

Wastewater from industrial plants containing floatable oils, fat or grease.

Any garbage that has not been properly shredded. (See definition of "properly shredded garbage" in § 139-11). Garbage grinders may be connected to sanitary wastewater collection systems from homes, hotels, institutions, restaurants, hospitals, catering establishments or similar places where garbage originates from the preparation of food in kitchens for the purpose of consumption on the premises or when served by caterers.

(5)

Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances to such degree that any such materials received in the composite wastewater or the wastewater treatment works exceed the limits established by the Superintendent for such materials.

(6)

Any waters or wastes containing odor-producing substances exceeding the limits which may be established by the Superintendent.

(7)

Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Superintendent in compliance with applicable state or federal regulations.

(8)

Quantities of flow or concentrations, or both, which constitute a "slug" as defined herein.

(9)

Waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed or are amenable to treatment only to such degree that the wastewater treatment plant effluent cannot meet the requirements of agencies having jurisdiction over discharge to the receiving waters.

(10)

Any water or wastes which, by interaction with other water or wastes in the public wastewater collection system, release obnoxious gases, form suspended solids which interfere with the collection system or create a condition deleterious to structures and treatment processes.

(11)

Any waters or wastes containing strong-acid iron-pickling wastes or concentrated plating solutions, whether neutralized or not.

(12)

Any waters or wastes having a lower pH in excess of 9.5.

(13)

Any water or wastes containing materials which exert or cause unusual concentrations of inert suspended solids (such as, but not limited to, fuller's earth, lime slurries and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate).

(14)

Any waters or wastes containing materials which exert or cause excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).

(15)

Any waters or wastes containing materials which exert or cause unusual BOD, chemical oxygen demand or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.

Discharge of hazardous wastes.

If any waters or wastes are discharged or are proposed to be discharged to the public wastewater collection systems, which waters contain the substances or possess the characteristics enumerated in Subsection D of this section and which, in the judgment of the Superintendent, may have a deleterious effect upon the wastewater facilities, processes, equipment or receiving waters or which otherwise create a hazard to life or constitute a public nuisance, the Superintendent may:

(a)

Reject the wastes;

(b)

Require that when pretreatment standards are adopted by the United States Environmental Protection Agency (EPA) or the NYSDEC for any given class of industries, then such industries must immediately conform to the EPA or NYSDEC timetable for adherence to these standards. The Superintendent shall further assure that compliance by industries to which pretreatment standards are applicable are in compliance with Section 307 of P.L. 92-500, as amended.

(c)

Require control over the quantities and rates of discharge; and/or

(d)

Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or wastewater collection system charges.

When considering the above alternatives, the Superintendent shall give consideration to the economic impact of each alternative on the discharger. If the Superintendent permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Superintendent.

Grease, oil and sand interceptors shall be provided when, in the opinion of the Superintendent, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts, as specified in Subsection D(3), or any flammable wastes, sand or 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 Superintendent and shall be located as to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors, the owner shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates and means of disposal which are subject to review by the Superintendent. Any removal and hauling of the collected materials not performed by owners' personnel must be performed by currently licensed waste disposal firms.

Where pretreatment or flow-equalizing facilities are provided or required 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 Superintendent, the owner of any property serviced by a building wastewater collection system carrying industrial wastes shall install a suitable structure, together with such necessary meters and other appurtenances, in the building wastewater collection system to facilitate observation, sampling and measurement of the wastes. Such structure, when required, shall be accessible and safely located and shall be constructed in accordance with plans approved by the Superintendent. The structure 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.

The Superintendent may require a user of wastewater collection system services to provide information needed to determine compliance with this article. These requirements may include:

Wastewater discharge peak rate and volume over a specified time period.

Chemical analysis of wastewater,

Information on raw materials, processes and products affecting wastewater volume and quality.

The quantity and disposition of specific liquid, sludge, oil, solvent or other materials important to wastewater collection system use control.

(5)

A plot plan of wastewater collection systems on the user's property showing the wastewater collection system and pretreatment facility location.

(6)

Details of wastewater pretreatment facilities.

(7)

Details of systems to prevent and control the losses of materials through spills to the municipal wastewater collection system.

All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this article shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association. Sampling methods, location, times, durations and frequencies are to be determined on an individual basis subject to approval by the Superintendent.

No statement contained in this section shall be construed as preventing any special agreement or arrangement between the Town of Barton and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the Town of Barton for treatment.

Major contributing industries, which are industrial users of the POTW, that have a flow of 50,000 gallons or more per average workday; have a flow greater than 5% of the flow carried by the municipal system receiving the waste; have in their wastes a toxic pollutant in toxic amounts as defined in standards issued under Section 307(a) of the Act; have been identified as one of the 21 industrial categories; or are found by the permit issuance authority in connection with the issuance of a SPDES permit to the POTW receiving the waste to have significant impact, either singly or in combination with other contributing industries, on the treatment works or upon the quality of effluent from that treatment works must comply with federal pretreatment standards and any other applicable requirements promulgated by the USEPA in accordance with Section 307 of the Federal Water Pollution Control Act, amendments of 1972, and any more stringent pretreatment standards required by local conditions.

Industrial users must obtain written authorization from the Superintendent for the disposal of their wastes into the system with periodic renewal of this authorization as directed by the Superintendent.

The maximum period of such authorization shall be two years, subject to written renewals, with each renewal having a maximum period of two years.

Any such authorization, or renewal thereof, is subject to withdrawal, modification or change by the municipality should the municipality deem the same to be in the public interest. Before a withdrawal, modification or change is effected, the industrial user shall be given notice thereof with an opportunity to be heard.

No authorization shall be assigned, transferred or sold or used at premises or in an operation or process different from that for which said authorization was issued.

Industrial users shall apply for a new written authorization if the operation or process for which the same was issued is changed so that the wastewater characteristics or flow is altered.

Industrial users must, in order to obtain authorization to discharge industrial wastes into the system, provide information describing wastewater, including but not limited to volume, constituents and characteristics of wastewater, flow rates, each product produced by type, amount and rate of production and description of activities, facilities and plant process on the premises, including all materials, processes and types of materials which are or could be discharged.

The disposal into the wastewater collection system of any pollutant by any person is unlawful, except in compliance with the Federal Water Pollution Control Act and other applicable laws, rules and regulations.

Industrial users shall notify the municipality 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 wastewater collection system, treatment plant or treatment process or for any fines imposed on the municipality 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 the 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 label such approximate entry points to warn against discharge of such waste in violation of this article.

§ 139-16 Industrial cost recovery.

The Town of Barton will recover from industrial users of the wastewater collection system 50% of that portion of the federal grant awarded to the Town of Barton for construction of said system which is allocable to the treatment of wastes from such users. This subsection shall apply to all users who discharge industrial wastes into the wastewater collection system as defined by the USEPA.

The 50% of the total cost recovery period shall be equal to 30 years or the useful life of the wastewater collection system, whichever is less.

Each year during the recovery period, each industrial user of the wastewater collection system shall pay an amount equal to 50% of its share of the federal grant divided by the recovery period. The annual amount will be prorated over a twelve-month period, with adjustments made thereto at year end where necessary. Each industrial user will be billed for and shall make monthly payments concurrently with the monthly payment of its wastewater collection system use charge.

An industrial user's share of the federal grant shall be a percentage of the grant cost equal to the proportion of user peak flow to total design peak flow less unused reserve capacity and infiltration/flow.

The amount of the annual payment required from each industrial user will be calculated initially on an estimated basis. At the end of the first year, when actual data becomes available, necessary adjustments will be made to the first year's charges. The data will then be utilized to estimate the second year's cost recovery amount in the same manner. This procedure will establish the basis for determining the monthly payments at the beginning of each year, as prescribed in Subsection C above, and will be applied to each industrial user for all subsequent years of the cost recovery period.

Any user claiming to be aggrieved by any surcharge, assessment or cost apportionment made under this section may seek review of said charge by serving a notice, in writing, of application for review with the Town of Barton Clerk within 30 days of notice of said charge.

The provisions of this article providing for industrial cost recovery shall become effective and operate from the date construction on the system is completed or the date of the first beneficial use, operation or occupancy of any portion thereof, whichever first occurs.

As used in this section, "industrial user" shall mean:

Any nongovernmental, nonresidential user of a publicly owned treatment works which discharges more than the equivalent of 25,000 gallons per day (gpd) of sanitary wastes and which is identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented, under one of the following divisions: Division A, Agriculture, Forestry and Fishing; Division B, Mining; Division D, Manufacturing; Division E, Transportation, Communications, Electric, Gas and Sanitary Services or Division I, Services.

(a)

In determining the amount of a user's discharge for purposes of industrial cost recovery, it may include domestic wastes or discharges from sanitary conveniences.

After applying the sanitary waste exclusion in Subsection H(1)(a) of this section, if it chooses to do so, a discharger in the above divisions that has a volume exceeding 25,000 gpd of weight of biochemical oxygen demand (BOD) or suspended solids (SS) equivalent to that weight found in 25,000 gpd of sanitary waste is considered an industrial user. Sanitary wastes, for purposes of this calculation of equivalency, are the wastes discharged from residential discharges in terms of parameters, including, as a minimum, BOD and SS per volume of flow.

Any nongovernmental user of a publicly owned treatment works which discharges wastewater to the treatment works which contains toxic pollutants or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to contaminate the sludge of any municipal systems or to injure or to interfere with any sewage treatment process or which constitutes a hazard to humans or animals, creates a public nuisance or creates any hazard in or has an adverse effect on the waters receiving any discharge from the treatment works.

All commercial users of an individual system constructed with the grant assistance under Section 201(h) of the Act and this subsection.

The Town of Barton shall use industrial cost recovery payments received from industrial users as follows:

The Town of Barton shall retain the full amount recovered from industrial users.

A portion of the amounts recovered may be used to pay the incremental costs of administration of the industrial cost recovery system. The incremental costs of administration are those costs remaining after deducting all costs reasonably attributable to the administration of the user charge system. The incremental costs shall be segregated from all other administrative costs of the Town of Barton.

A minimum of 80% of the amount it recovers after paying the incremental costs of administration, together with any interest earned, shall be used for the allowable costs of any expansion, upgrading or reconstruction of treatment works necessary to meet the requirements of the Act. It shall obtain the written approval of the regional Administrator before the commitment of the amounts retained for expansion, upgrading or reconstruction.

The remainder of the amounts retained by it may be used as it sees fit, except that they may not be used for construction of industrial pretreatment facilities or rebates to industrial users for costs incurred in complying with user charge or industrial cost recovery administration.

§ 139-17 Powers and duties of inspectors.

The Superintendent, other duly authorized employees of the Town of Barton and representatives of the EPA and NYSDEC bearing proper credentials and identification shall be permitted to enter all properties at reasonable times for the purpose of inspection, observation, measurement, sampling and testing pertinent to discharge to the community system in accordance with the provisions of this article.

The Superintendent or other duly authorized employees are authorized to obtain information concerning industrial processes which have a direct bearing on the kind and source of discharge to the wastewater collection system. The industry may withhold information considered confidential, provided that it establishes that the revelation to the public of the information in question might result in an advantage to its competitors.

While performing the necessary work on private properties referred to in Subsection A above, the Superintendent or duly authorized employees of the Town of Barton shall observe all safety rules applicable to the premises established by the occupant, and the occupant shall be held harmless for injury or death to the Town of Barton employees, and the Town of Barton shall indemnify the occupant against loss or damage to its property by Town of Barton employees against liability claims and demands for personal injury or property damage asserted against the occupant and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the occupant to maintain safe conditions as required in § 139-15H.

The Superintendent and other duly authorized employees of the Town of Barton bearing proper credentials and identification shall be permitted to enter all private properties through which the Town of Barton holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the wastewater facilities lying within said easement. All entry and subsequent work, if any, on said easement shall be done in full accordance with the terms of the fully negotiated easement pertaining to the private property involved.

§ 139-18 Wastewater collection system use charges.

Subject to all applicable state and federal laws and/or regulations, the Town of Barton Board shall establish such charges as are required to raise the necessary revenue to defray the costs of debt service and capital expenditures and operation and maintenance of wastewater treatment and collection facilities.

The first year's operation and maintenance charges will be based on past experience or some other method that can be demonstrated to be appropriate to the level and type of services as per 40 CFR 35.929(a).

The grantee will review, not less often than every two years, the wastewater contributions, the total costs of operation and maintenance and the USC itself. Revisions must be made as necessary to conform to 40 CFR 35.929(b)(1) to (3).

Dischargers of toxic wastes which cause an increase in the cost of managing the effluent or sludge shall pay such increased costs, as per 40 CFR 35.929-2(c).

The USC must require that the cost of treating all extraneous flow will be distributed among all users in accordance with 40 CFR 35.929-2(d)(1) to (2).

Each user is to be notified annually of the rate and portion of the chargers attributable to wastewater treatment.

§ 139-19 Additional rules and regulations.

The Town of Barton reserves the right to adopt, from time to time, such additional rules and regulations as it shall deem necessary and proper in connection with use and operation of the wastewater collection system, which rules and regulations shall become and shall be construed as part of this article.

§ 139-20 Submission of plans.

Detailed plans, showing facilities and operating procedures to provide protection from accidental discharge of prohibited materials or other wastes from major contributing industries shall be submitted to the municipality for review and shall be acceptable to the municipality for construction of the facilities.

§ 139-21 Penalties for offenses.

Any person found to be violating any provisions of this article, except § 139-20, shall be served by the Town of Barton 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 who shall continue any violation beyond the time limit provided for in Subsection A of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not exceeding $1,000 or by imprisonment for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.

Any person violating any of the provisions of this article shall become liable to the Town of Barton for any expense, loss or damage occasioned by the Town of Barton by reason of such violation.

The municipality may issue an order to cease and desist, directing those persons not complying with such prohibitions, limits, requirements or provisions of this article or of the wastewater discharge permit to:

Comply forthwith;

Comply in accordance with the time schedule set forth by the permit agency; or