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. 
Unless the context specifically indicates otherwise, the meaning of terms used in this article shall be as follows:
BOD (DENOTING BIOCHEMICAL OXYGEN DEMAND)
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20° C., expressed in milligrams per liter.
BUILDING DRAIN
That part of the lowest horizontal piping of a drainage system carrying sewage which receives discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building's sewer.
BUILDING SEWER (sometimes called HOUSE LATERAL)
The extension from the building drain to the public sewer or other place of disposal.
COMMERCIAL-INDUSTRIAL WASTES
Any and all other wastes not being domestic wastes, including but not limited to 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.
DOMESTIC WASTES
Waterborne human or animal excreta or body wastes and normal culinary, laundry and washing wastes originating in residences.
GARBAGE
Solid wastes from the preparation, cooking and dispensing of food and from handling, storage and sale of produce.
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater.
OWNER
Any person in title to or having any interest in real property in any of the sanitary sewer districts and their extension or extensions, and/or any drainage district or districts now existing or subsequently created by the Board of Trustees of the Village of Brockport, New York.
PERSON
Any individual, firm, company, association, society, corporation or group.
pH
The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter solution.
PROPERLY SHREDDED GARBAGE
The waste from the preparation, cooking and dispensing of food that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/4 inch in any dimension.
PUBLIC SEWER
A sewer which is controlled by Sewer Commissions of the Village of Brockport, New York.
SANITARY SEWER
A pipe or conduit which carries sewage and to which stormwater, surface waters and groundwater are not intentionally admitted.
SEWAGE
The water-carried wastes from residences, commercial buildings, institutions and industrial establishments and other places.
SEWAGE TREATMENT PLANT
Any arrangement of devices and structures used for treating sewage under the control of the Sewer Commissions of the Village of Brockport, New York.
SEWAGE WORKS
All facilities for collecting, pumping, treating and disposing of sewage.
SEWER COMMISSION
The Board of Trustees of the Village of Brockport.
SEWER DISTRICT
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.
STORM SEWER or STORM DRAIN
A sewer which carries stormwater and surface water drainage but excludes sewage, commercial-industrial and domestic wastes.
SUPERINTENDENT
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.
SUSPENDED SOLIDS
Solids that either float on the surface of or are in suspension in water, sewage or other liquids and which are removable by laboratory filterings.
WATERCOURSE
A channel in which a flow of water occurs either continuously or intermittently.
B. 
"Shall" is mandatory; "may" is permissive.
C. 
Additional definitions shall be read with and include the definitions following in § 42-12.
A. 
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. 
Present waste contributors other than domestic waste contributors shall apply for a permit within 120 days of the adoption of this article.
C. 
Permits granted under this article shall be for a specific waste or wastes, and such permits shall be granted only after the submission and approval of plans as set forth hereinafter. Subsequent wastes of different quantity, quality or characteristics shall be covered by separate permits.
D. 
There shall be two classes of building sewer permits: 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. 
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. 
A separate and independent building sewer shall be provided for every building.
A. 
No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, cooling water, impounded water or unpolluted industrial process waters to any sanitary sewer.
B. 
Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer:
(1) 
Any liquid or vapor having a temperature lower than 32° F. or higher than 150° F.
(2) 
Any water or waste which may contain more than 100 milligrams per liter, by weight, of fats, oils or grease.
(3) 
Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas.
(4) 
Any garbage that has not been properly shredded.
(5) 
Any ashes, cinders, sand, mud, grit, straw, animal wastes, shavings, metal, glass, rags, feathers, tar, plastics, wood, manure or any other solid or viscous 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) 
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) 
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) 
Any water or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant.
(9) 
Any noxious or malodorous gas or substance.
C. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
Charges.
(1) 
For work performed on sewers, pipes, laterals or drains which are not a part of a sanitary sewer or storm sewer system at the direction or under the supervision of the 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) 
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. 
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. 
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. 
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. 
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.