This article shall be known as the "Sewer Use Ordinance."
It is the purpose of this article to protect the sewage collection
and treatment facilities, to prevent danger to life or damage to property,
to promote the health, safety and general welfare, to prohibit the
introduction of stormwater, surface or subsurface waters into the
sanitary sewers, to provide for the fair distribution of treatment
costs and to form a basis and policy for controlling the quantity
and quality of wastes accepted into the sewage system of the Village
of Brockport, Monroe County, New York.
A.Â
BOD (DENOTING BIOCHEMICAL OXYGEN DEMAND)
BUILDING DRAIN
BUILDING SEWER (sometimes called HOUSE LATERAL)
COMMERCIAL-INDUSTRIAL WASTES
DOMESTIC WASTES
GARBAGE
NATURAL OUTLET
OWNER
PERSON
pH
PROPERLY SHREDDED GARBAGE
PUBLIC SEWER
SANITARY SEWER
SEWAGE
SEWAGE TREATMENT PLANT
SEWAGE WORKS
SEWER COMMISSION
SEWER DISTRICT
STORM SEWER or STORM DRAIN
SUPERINTENDENT
SUSPENDED SOLIDS
WATERCOURSE
Unless the context specifically indicates otherwise, the meaning
of terms used in this article shall be as follows:
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20° C., expressed in milligrams per liter.
That part of the lowest horizontal piping of a drainage system
carrying sewage which receives discharge from soil, waste and other
drainage pipes inside the walls of the building and conveys it to
the building's sewer.
The extension from the building drain to the public sewer
or other place of disposal.
Any and all other wastes not being domestic wastes, including
but not limited to the wastes from commercial, laboratory and industrial
processes, wastes from domestic operations, or certain trade operations,
such as sand, grit, waste petroleum products from automotive service
stations and the like, animal wastes, straw and related items from
dairy or other farming operations.
Waterborne human or animal excreta or body wastes and normal
culinary, laundry and washing wastes originating in residences.
Solid wastes from the preparation, cooking and dispensing
of food and from handling, storage and sale of produce.
Any outlet into a watercourse, pond, ditch, lake or other
body of surface water or groundwater.
Any person in title to or having any interest in real property
in any of the sanitary sewer districts and their extension or extensions,
and/or any drainage district or districts now existing or subsequently
created by the Board of Trustees of the Village of Brockport, New
York.
Any individual, firm, company, association, society, corporation
or group.
The logarithm of the reciprocal of the weight of hydrogen
ions in grams per liter solution.
The waste from the preparation, cooking and dispensing of
food that has been shredded to such a degree that all particles will
be carried freely under the flow conditions normally prevailing in
public sewers, with no particle greater than 1/4 inch in any dimension.
A sewer which is controlled by Sewer Commissions of the Village
of Brockport, New York.
A pipe or conduit which carries sewage and to which stormwater,
surface waters and groundwater are not intentionally admitted.
The water-carried wastes from residences, commercial buildings,
institutions and industrial establishments and other places.
Any arrangement of devices and structures used for treating
sewage under the control of the Sewer Commissions of the Village of
Brockport, New York.
All facilities for collecting, pumping, treating and disposing
of sewage.
The Board of Trustees of the Village of Brockport.
Any of the sanitary sewer systems, sewer districts and their
extension or extensions, and/or any drainage district or districts
now existing or subsequently created by the Board of Trustees of the
Village of Brockport.
A sewer which carries stormwater and surface water drainage
but excludes sewage, commercial-industrial and domestic wastes.
The Superintendent of Public Works of the Village of Brockport.
His office is now located in the Village Hall on Market Street, in
the Village of Brockport, New York.
Solids that either float on the surface of or are in suspension
in water, sewage or other liquids and which are removable by laboratory
filterings.
A channel in which a flow of water occurs either continuously
or intermittently.
B.Â
"Shall" is mandatory; "may" is permissive.
A.Â
The sewer systems of the sewer districts of the Village of Brockport,
New York, as constructed, or as hereafter added to or changed, shall
be under the charge and control of the Sewer Commission, under whose
supervision they shall be used by property owners. No person shall
enter into, open or interfere with or use or do any repair or maintenance
work with respect to said sewer systems except under the inspection
and direction of the Sewer Commission and after a written permit shall
have been issued by the commission of the sewer district in which
such entering, opening, use, repair or maintenance is to take place.
The Sewer Commission shall adopt rules and regulations to govern the
maintenance and use of the sewer systems and shall therein fix the
amount of fees that shall be chargeable to persons or property owners
who may wish to enter or use the sewer systems, which fee shall be
sufficient in amount to pay for the cost of inspection of such entry
or entries.
B.Â
Present waste contributors other than domestic waste contributors
shall apply for a permit within 120 days of the adoption of this article.
C.Â
Permits granted under this article shall be for a specific waste
or wastes, and such permits shall be granted only after the submission
and approval of plans as set forth hereinafter. Subsequent wastes
of different quantity, quality or characteristics shall be covered
by separate permits.
D.Â
There shall be two classes of building sewer permits: for domestic
waste service and for service to all other contributors. The owner
or his agent shall make application on a form furnished by the respective
Sewer Commissions. The permit application shall be supplemented by
any plans, specifications or other information considered pertinent
in the judgment of the Superintendent. A permit fee in an amount fixed
in the rules and regulations for sewer commissions in the Village
of Brockport shall be paid at the time the application is filed.
E.Â
All costs and expenses incident to the installation and connection
of the building sewer shall be borne by the owner. The owner shall
indemnify the Sewer Commission from any loss or damage that may, directly
or indirectly, be occasioned by the installation of the building sewer.
F.Â
A separate and independent building sewer shall be provided for every
building.
A.Â
No person shall discharge or cause to be discharged any stormwater,
surface water, groundwater, roof runoff, subsurface drainage, cooling
water, impounded water or unpolluted industrial process waters to
any sanitary sewer.
B.Â
Except as hereinafter provided, no person shall discharge or cause
to be discharged any of the following described waters or wastes to
any public sewer:
(1)Â
Any liquid or vapor having a temperature lower than 32° F. or
higher than 150° F.
(2)Â
Any water or waste which may contain more than 100 milligrams per
liter, by weight, of fats, oils or grease.
(3)Â
Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive
liquid, solid or gas.
(4)Â
Any garbage that has not been properly shredded.
(5)Â
Any ashes, cinders, sand, mud, grit, straw, animal wastes, shavings,
metal, glass, rags, feathers, tar, plastics, wood, manure or any other
solid or viscous substance capable of causing obstruction to the flow
in sewers or other interference with the proper operation of the sewage
works, in the opinion of the Sewer Commission.
(6)Â
Any water or wastes having a pH lower than six or higher than nine,
or having any other corrosive property capable of causing damage or
hazard to structures, equipment and personnel of the sewage works,
in the opinion of the Sewer Commission.
(7)Â
Any water or wastes containing a toxic or poisonous substance 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 of the sewage treatment plant, in the opinion
of the Sewer Commission.
(8)Â
Any water or wastes containing suspended solids of such character
and quantity that unusual attention or expense is required to handle
such materials at the sewage treatment plant.
(9)Â
Any noxious or malodorous gas or substance.
C.Â
Grease, oil and sand interceptors shall be provided when, in the
opinion of the Sewer Commission, they are necessary for the proper
handling of wastes containing grease in excessive amounts, or any
flammable wastes, sand, grit and other harmful ingredients. All interceptors
shall be of a type and capacity approved by the Sewer Commission and
shall be located so as to be readily and easily accessible for cleaning
and inspection. Grease and oil interceptors shall be constructed of
impervious materials capable of withstanding abrupt and extreme changes
in temperature. They shall be of substantial construction, watertight
and equipped with easily removable covers which, when bolted in place,
shall be gas-tight and watertight. Grease and oil interceptors shall
be constructed in any place or building having a capacity to serve
group meals.
D.Â
Where installed, all grease, oil, sand and grit interceptors shall
be maintained by the owner at his expense in continuously efficient
operation at all times.
E.Â
The admission into the public sewers of any waters or wastes having a five-day biochemical oxygen demand greater than 300 milligrams per liter by weight; or containing more than 350 milligrams per liter by weight of suspended solids; or containing any quantity of substance having the characteristics described in Subsection C of this section; or having an average daily flow greater than 2% of the average daily sewage flow of the sewer district, shall be subject to the review and approval of the Sewer Commission. Where necessary, in the opinion of the Sewer Commission, the owner shall provide at his expense such preliminary treatment as may be necessary to reduce the biochemical oxygen demand to 300 milligrams per liter and the suspended solids to 350 milligrams per liter by weight; or reduce objectionable characteristics or constituents to within the maximum limits provided for in this section; or control the quantities and rates of discharge of such waters or wastes. Plans, specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the Sewer Commission, together with a letter from the New York State Department of Health approving the proposed preliminary treatment facilities, and no construction of such facilities shall be commenced until said approvals are obtained in writing.
F.Â
Where preliminary treatment facilities are required for any waters
or wastes, no permit will be granted until such pretreatment units
have been placed in operation and have demonstrated their effectiveness
by test. The cost of such testing, sampling, and analyzing shall be
borne by the waste contributor. Said preliminary treatment facilities
shall be maintained continuously and satisfactorily in effective operation
by the owner at his expense.
G.Â
When required by the Sewer Commission, the owner of any property
served by a building sewer carrying commercial-industrial wastes shall
install a suitable control manhole in the building sewer to facilitate
observation, sampling and measurement of the wastes. Such manhole,
when required, shall be conveniently and safely located. It is to
be constructed in accordance with plans approved by the Sewer Commission.
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.
H.Â
All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in Subsections B and E shall be determined in accordance with "Standard Methods for the Examination of Water and Sewage," or with methods approved by New York State Department of Health, and may be determined at the control manhole provided for in Subsection H or upon suitable samples taken at said manhole. In the event that no special manhole has been required, the control manhole may be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. If in the judgment of the Superintendent analyses must be performed which are beyond the scope of the laboratory at the sewage plant, these analyses shall be performed at a laboratory designated by the Superintendent, and the cost of these analyses shall be borne by the owner.
I.Â
No statement contained in this section shall be construed as preventing
any special agreement or arrangement between the Sewer Commission
and any industrial, commercial or other owner from whose premises
an industrial-commercial or domestic waste emanates which is of unusual
strength or character from being accepted by the Sewer Commission
for treatment subject to payment therefor by such owner.
A.Â
Any repair or maintenance work in connection with sewer pipes and
drains connected directly or indirectly to any sanitary or storm sewer
system or storm drain in the Village shall be performed in accordance
with the specifications and under the supervision and inspection of
the Sewer Commission.
B.Â
Charges.
(1)Â
For work performed on sewers, pipes, laterals or drains which are
not a part of a sanitary sewer or storm sewer system at the direction
or under the supervision of the Sewer Commission for the particular
or special benefit of any individual parcel or portion of real property,
a charge is hereby established in an amount equal to the actual cost
thereof to the Commission.
(2)Â
The Commission shall annually assess against the individual parcel
of land the amount of any such charges remaining unpaid on October
1, and such charges shall be added to the tax roll and collected in
the same manner and at the same time as the other taxes are assessed,
levied and collected in the Village pursuant to statute.
A.Â
The Superintendent and other duly authorized employees of the Sewer
Commission bearing proper credentials and identification shall be
permitted to enter upon all properties for the purpose of inspection,
observations, measurement, sampling and testing, or proper activities
in accordance with the terms of this article or any regulations promulgated
thereunder. The powers and authority herein granted shall be in addition
to powers of inspection otherwise granted by law to Sewer Commissioners.
B.Â
All information in the possession of the owner bearing on the industrial,
commercial or other process, which, in the judgment of the Superintendent,
affects the sewage, works or systems, shall be made available to the
Superintendent or his authorized representative.
Any permit issued pursuant to this article shall be subject
to cancellation after a hearing, in the event of a finding by the
Sewer Commission at such hearing that the user or permittee of the
sewerage system has violated any of the provisions of this article.
Such hearing shall take place on 10 days' written notice to the
permittee or user. Upon any cancellation provided for in this section,
the Sewer Commission may terminate the use of the sewer by severing
the connection to the sewerage system.
A.Â
Any person violating any provision of this article shall be responsible
in money damages for any injury to the sewer system or expense caused
the Commission by such violation. This money may be collected by civil
action in the Supreme Court of the State of New York. Obedience to
the ordinance may also be enforced by injunction.
B.Â
Any person violating any provisions of this article and interfering
with, entering or using said sewer systems without obtaining permission
hereunder shall be guilty of an offense and subject to a fine of not
less than $50 nor more than $100 or to imprisonment of not less than
one day nor more than six months, or both such fine and imprisonment;
and in addition, when a violation of this article or any of the provisions
thereof is continuous, each 24 hours thereof shall constitute a separate,
distinct and additional violation.
The Board of Commissioners shall be responsible for the enforcement
of this article.