Village of LeRoy, NY
Genesee County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of LeRoy 6-21-1982 by L.L. No. 1-1982. Amendments noted where applicable.]
GENERAL REFERENCES

Subdivision of land — See Ch. 180.

Water — See Ch. 210.

Zoning — See Ch. 215.

§ 168-1
Definitions. 

§ 168-2
Disposal of sewage and waste; sewer connections. 

§ 168-3
Private sewage disposal. 

§ 168-4
Building sewers and laterals. 

§ 168-5
Use of public sewers. 

§ 168-6
Control of prohibited and limited wastes. 

§ 168-7
Industrial wastewater monitoring and reporting. 

§ 168-8
Powers and authority of inspectors. 

§ 168-9
Sanitary sewer extensions. 

§ 168-10
Damaging or tampering with sewer; penalty. 

§ 168-11
Penalties for offenses. 

§ 168-12
Establishment of charges. 

§ 168-13
Inspection upon sale or transfer of property. 

§ 168-1 Definitions.

A. 

Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows:

THE ACT
The Federal Water Pollution Control Act and amendments to it.
BOD (denotes "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.
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 sewer beginning five feet (1.5 meters) 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 and is analogous to the definition of "sewer" as set forth herein.
CHLORINE DEMAND
The difference between the amount of chlorine added to water, wastewater or industrial wastes and the amount of residual chlorine remaining at the end of a fifteen-minute contact period.
COMPATIBLE POLLUTANT
Biochemical oxygen demand (BOD), total suspended solids (TSS), pH, fecal coliform bacteria, chlorine demand, phosphorus and phosphorus compounds, fats, oils and greases of animal or vegetable origin, if the wastewater treatment system was designed to treat such pollutants and does remove such pollutants to a substantial degree, except as prohibited herein.
COMPOSITE SAMPLE
A sample consisting of several individual effluent portions collected during a specific time period and combined to make a representative sample.
CONNECTION
The physical tie-in of the building sewer or sewer extension to the public sanitary sewer.
COOLING WATER
The water discharged from any use, such as air conditioning, cooling or refrigeration, during which the only pollutant added to the water is heat.
DEC
The New York State Department of Environmental Conservation.
DOMESTIC WASTES
The wastewater from the noncommercial preparation, cooking and handling of food, or containing human excrement and similar matter from the sanitary conveniences of dwellings, commercial dwellings, commercial buildings, industrial facilities and institutions.
DWELLING UNIT
A single housekeeping unit comprised of one or more rooms with running water and with provisions for cooking and sleeping.
EPA
The United States Environmental Protection Agency.
FLOW RATE
The quantity of waste of liquid that flows in a certain period of time.
FLOW VOLUME
The quantity of wastes or liquid.
GARBAGE
Solid wastes from the preparation, cooking and dispensing of food and from the handling, storage and sale of produce.
INCOMPATIBLE POLLUTANT
Any pollutant which the plant is not designed to remove.
(1) 

A nongovernmental, nonresidential user which discharges more than the equivalent of 25,000 gallons per day of sanitary waste and which is identified in the Standard Industrial Classification Manual under divisions A, B, D, E and I.

(2) 

A user which discharges any wastewater containing toxic pollutants or which has any other adverse effect on the treatment works.

(3) 

A commercial user of an individual system.

INDUSTRIAL WASTES
The wastewater resulting from the processes employed in industrial, manufacturing, trade or business establishments, as distinct from domestic wastes.
MASS EMISSION RATE
The weight of material discharged to the wastewater treatment system during a given time interval. Unless otherwise specified, the mass emission rate shall mean pounds per day of a particular constituent or combination of constituents.
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake or any other body of surface or ground water.
OWNER
Any person owning real property in the Village of LeRoy.
PERSON
Any individual, firm, company, association, society, corporation, group or agent therefor.
pH
The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
POLLUTANT
Any waste, impurity or other additive, such as heat or radioactivity, that changes the quality and character of water delivered to the user, so that the discharged wastewater violates the standards as set in § 168-5 of this chapter.
PRETREATMENT
The application of physical, chemical and biological processes to reduce the amount of pollutants in or alter the nature of the pollutants in or alter the nature of the pollutant properties in a wastewater prior to discharging such wastewater into the publicly owned wastewater treatment system.
PRETREATMENT STANDARDS
All applicable federal rules and regulations implementing § 307 of the Act, including any amendments hereto, as well as any nonconflicting state or local standards. In cases of conflicting standards or regulations, the more stringent thereof shall be applied. The Superintendent recognizes that in some cases these pretreatment standards may not be sufficient to protect the operation of the wastewater treatment system or may make it unable to comply with the terms of the SPDES permit. In such cases, the village reserves the right to impose more stringent pretreatment standards than those specified in the EPA regulations.
PROPERLY SHREDDED GARBAGE
The wastes from the preparation, cooking and dispensing of food that have been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch in any dimension.
PUBLIC SEWER
A sewer in which all owners of abutting properties have equal rights and which is controlled by public authority.
SANITARY SEWER
A sewer which carries sewage and to which storm-, surface and ground waters are not intentionally admitted.
SEWAGE
A combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such other waters as may be present.
SEWER
A pipe or conduit for carrying sewage.
SEWER RENTS
A scale of quarterly charges established and imposed in the Village of LeRoy for the use of the sewer system or any part or parts thereof.
SIGNIFICANT INDUSTRIAL USER
An industrial user of the publicly owned wastewater treatment system that:
(1) 

Has a flow of 25,000 gallons per day or more per average work day;

(2) 

Has a flow greater than 5% of the flow carried by the wastewater treatment system receiving the waste;

(3) 

Has in its waste a toxic pollutant in toxic amounts as defined in standards issued under § 307(a) of the Act;

(4) 

Is found by the Department of Water and Sewage, in connection with the issuance of a State Pollution Discharge Elimination System Permit at the publicly owned treatment works receiving the waste, to have a significant impact, either singly or in combination with other contributing industries, on the works, wastewater treatment system or upon the quality of effluent from the treatment works;

(5) 

Has in its wastewater any of the prohibited substances or characteristics in § 168-5C, Prohibited wastewater discharges; or

(6) 

Has in its wastewater any concentrations or characteristics in excess of those stipulated in § 168-5D, Limited wastewater discharges.

SLUG
Any discharge of water, wastewater or industrial waste 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 or flows during normal operation and shall adversely affect the collection system and/or performance of the wastewater treatment system.
SPDES
The State Pollution Discharge Elimination System.
STORM DRAIN OR STORM SEWER
A drain or sewer for conveying water, groundwater, subsurface water or unpolluted water from any source.
STORMWATER
Any flow occurring during or immediately following any form of natural precipitation and resulting therefrom.
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."
TOXIC SUBSTANCES
Any substance, whether gaseous, liquid or solid, which, when discharged to a public sewer in sufficient concentrations, may in the opinion of the Department of Water and Sewage be hazardous to sewer maintenance and personnel, tend to interfere with any wastewater treatment process or to constitute a hazard to human beings or animals, or to inhibit aquatic life or to create a hazard to recreation in the receiving waters of the effluent from a wastewater treatment plant.
UNPOLLUTED WATER
Water not containing any pollutants limited or prohibited by this chapter and/or the effluent standards in effect or water whose discharge will not cause any violation of receiving water quality standards.
USER
Any person that discharges, causes or permits the discharge of wastewater into the wastewater treatment system.
VILLAGE
The Village of LeRoy, Genesee County, New York.
WASTE
Includes wastewater and any and all other impurities or waste substances, liquid, solid, gaseous or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing or processing operation of whatever nature, including such waste placed within containers of whatever nature prior to, and for purposes of, disposal.
WASTE TREATMENT WORKS
An arrangement of devices and structures for treating wastewater, industrial wastes and sludge. Sometimes used as synonymous with "waste treatment plant" or "wastewater treatment plant" or "water pollution control plant."
WASTEWATER
The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities and institutions, together with any groundwater, surface water and stormwater that may be present, whether treated or untreated, which is discharged into or permitted to enter the wastewater treatment system; sometimes referred to as "sewage."
WASTEWATER CONSTITUENTS AND CHARACTERISTICS
The individual chemical, physical, bacteriological and radiological parameters, including volume and flow rate and such other parameters that serve to define, classify or measure the contents, quality, quantity and strength of wastewater.
WASTEWATER TREATMENT SYSTEM
Any devices, facilities, structures, equipment or works owned by the Village of LeRoy for the purpose of the transmission, storage, treatment, recycling and reclamation of industrial and domestic wastes, or necessary to recycle or reuse water at the most economical cost over the estimated life of the system, including intercepting sewers, outfall sewers, wastewater collection systems, pumping, power, and other equipment and their appurtenances: extensions, improvements, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled supply, such as standby treatment units and clear well facilities; and any works, including site acquisition of the land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment.
WATERCOURSE
A channel in which a flow of water occurs, either continuously or intermittently,
WPCF
The Water Pollution Control Federation.
B. 

Terms not otherwise defined herein shall be as adopted in the latest edition of Glossary, Water and Wastewater Control Engineering, published by the American Public Health Association and the Water Pollution Control Federation.

C. 

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

§ 168-2 Disposal of sewage and waste; sewer connections.

A. 

It shall be unlawful for any person to place, deposit or permit to be deposited, in any unsanitary manner, upon public or private property or into any water within the Village of LeRoy or in any area under the jurisdiction of said village, any human or animal excrement, garbage or other polluted or objectionable waste.

B. 

It shall be unlawful to discharge to any natural outlet within the Village of LeRoy, or in any area under the jurisdiction of said village, any sanitary sewage, industrial wastes or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.

C. 

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 within the village.

D. 

The owners of all houses, buildings or properties used for human occupancy, employment, recreation or other purpose, situated within the Village of LeRoy and abutting on any street, alley, easement or right-of-way in which there is a public sanitary sewer of the village are hereby required, at their expense, to install suitable toilet facilities therein and to connect such facilities directly with the public sewer within 90 days after date of official notice to do so, provided that said public sewer is accessible and available.

§ 168-3 Private sewage disposal.

A. 

Where a public sanitary sewer is not available, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this section.

B. 

Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit from the Genesee County Health Department. The application for such permit shall be made on a form, furnished by the village, which the applicant shall supplement by any plans, specifications and other information as are deemed necessary by the Genesee County Health Department.

C. 

A permit for the use of a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Genesee County Health Department when the work is ready for final inspection and before any underground portions are covered.

D. 

The type, capacity, location and layout of private sewage disposal systems shall comply with all recommendations of the Genesee County Health Department.

E. 

At such time as a public sewer becomes available to a property served by a private sewage disposal system, a connection shall be made to the public sewer in compliance with this chapter, except as hereinafter provided.

F. 

Existing private sewage disposal systems may be used by the owner if approved and currently acceptable to the Genesee County Health Department.

G. 

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

H. 

No statement contained in this section shall be construed to interfere in any manner with any additional requirements that may be imposed by the Department of Public Health, State of New York and/or the Genesee County Health Department.

§ 168-4 Building sewers and laterals.

A. 

No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenances thereto without first obtaining a written permit from the Superintendent of Public Works.

B. 

Building sewer permits.

(1) 

There shall be two classes of building sewer permits:

(a) 

For residential and commercial service.

(b) 

For service to establishments producing industrial wastes.

(2) 

In either case, the owner or his agent shall make application on a special form furnished by the village. The permit application shall be supplemented by any plans, specifications or any other information considered pertinent in the judgment of the Superintendent of Public Works.

C. 

All costs and expenses incidental to the installation and connection of the building sewer and house lateral shall be borne by the owner, and the owner will also be liable for the initial cost and maintenance of the house lateral from the building to his property line. The owner shall indemnify the village from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer or house lateral.

D. 

A separate and independent building sewer shall be provided for every building, except that where one building stands at the rear of another on an interior lot and no private building sewer is available or can be constructed to the rear of the 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, but the village does not and will not assume any obligation or responsibility for damage caused by or resulting from any such single connection aforementioned.

E. 

Old building sewers or laterals may be used when they are found, on examination and test by the Superintendent of Public Works, to be satisfactory and to meet all requirements of this chapter.

F. 

The size and slope of the building sewer or lateral shall be subject to the approval of the Superintendent of Public Works, but in no event shall the diameter be less than four inches. The slope shall be not less than 1/4 inch per foot.

G. 

No building sewer or lateral shall be laid parallel to or within three feet of any bearing wall which might thereby be weakened. The depth shall be sufficient to afford protection from frost. The building sewer or lateral 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.

H. 

In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such drain shall be lifted by approved artificial means and discharged to the building sewer or lateral.

I. 

All excavations required for the installation of a building sewer shall be open trenchwork unless otherwise approved by the Superintendent of Public Works. Pipelaying and backfill shall be performed in accordance with ASTM Specification C12, except that no backfill shall be placed before the building sewer or lateral has been inspected and tested to establish watertightness in all joints and connections. If leakage is found to exceed the maximum as set by the village, then said building sewer or lateral must be corrected and retested before approval.

§ 168-5 Use of public sewers.

A. 

Sanitary sewers. No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters to any sanitary sewer.

B. 

Discharge of stormwater. Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers or to a natural outlet approved by the Superintendent of Public Works. Industrial cooling water or unpolluted industrial process waters may be discharged, on approval of the village and DEC, to a storm sewer or natural outlet.

C. 

Prohibitions on wastewater discharges. No person shall discharge or deposit or cause or allow to be discharged or deposited into the wastewater treatment system any wastewater which contains the following:

(1) 

Explosive mixtures: liquid, solids 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 explosion or to be injurious in any other way to the wastewater treatment system or to the operation of the system. At no time shall two successive readings on an explosion hazard meter, at the point of discharge into the public sewer 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, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides.

(2) 

Toxic substances: any toxic substances in amounts exceeding standards promulgated by the Administrator of the United States Environmental Protection Agency pursuant to § 307(a) of the Act, and chemical elements or compounds, phenols or other taste or odor-producing substances, or any other substances which singly or by interaction with other wastes are not susceptible to treatment or which may interfere with the biological processes or efficiency of the wastewater treatment system or that will pass through the system without being treated to the required degree.

(3) 

Corrosive wastes: any waste which will cause corrosion or deterioration of the wastewater treatment system. All wastes discharged to the public sewer system must have a pH value in the range of six to nine standard units. Prohibited materials include, but are not limited to, acids, sulfides, concentrated chloride and fluoride compounds and substances which will react with water to form acidic products.

(4) 

Solid or viscous wastes: solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the wastewater treatment system, such as but not limited to ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings or hides, animal guts or tissues, entrails, bones, paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders, spent lime, stone or marble dust, metal, glass, grass clippings, spent grains, spent hops, waste paper, asphalt residues, residues from refining or processing of fuel or lubricating oil and similar substances. This prohibition includes any wastewater which, by interaction with other waters or wastes in the public wastewater treatment systems, forms suspended solids which obstruct the flow in the sewer or create a condition that interferes with the proper operation of the wastewater treatment system.

(5) 

Oil and grease: any wastewater containing fats, wax, grease or oils, whether emulsified or not, in excess of 100 milligrams per liter or containing substances which may solidify or become viscous at temperatures between 32° F. and 150° F. (0° C. and 65° C.).

(6) 

Excessive temperature: any liquid or vapor having a temperature higher than 150° F. (65° C.).

(7) 

Improperly shredded garbage: garbage that has not been ground or comminuted to such a degree that all particles will be carried freely in suspension under flow conditions normally prevailing in the public sewers, with no particle greater than 1/2 inch in any dimension.

(8) 

Noxious materials: noxious or malodorous solids, liquids or gases, which either singly or by interaction with other wastes, are capable of creating a public nuisance or hazard to life or are or may be sufficient to prevent entry into a sewer for its maintenance and repair.

(9) 

Radioactive wastes: radioactive wastes or isotopes of such half-life or concentration that they do not comply with regulations or orders issued by the appropriate authority having control over their use and which will or may cause damage or hazards to the wastewater treatment system or personnel operating the system.

(10) 

Excessive discharge rate: quantities of wastewater flow, concentrations or both, which constitute a slug, as defined herein.

(11) 

Discolored material: wastes with color, such as but not limited to dye water or vegetable tanning solution, that are not removable by the treatment process.

D. 

Limitation on wastewater discharges.

(1) 

General limitations on incompatible pollutants. No person shall discharge or convey, or permit or allow to be discharged or conveyed, to a public sanitary sewer any wastewater containing incompatible pollutants of such character or quantity that will:

(a) 

Violate pretreatment standards.

(b) 

Cause the wastewater treatment works to violate its SPDES permit requirements.

(2) 

Specific limitation on certain incompatible pollutants. The following are the maximum concentrations of pollutants allowable in wastewater discharges to the wastewater treatment system. Dilution of any wastewater discharge for the purpose of satisfying these requirements shall be considered a violation of this chapter.

Parameter Concentration Limit (mg/l)
Arsenic 50.0
Available Chlorine 0.4
Barium 4.0
Boron 1.0
Cadmium 0.4
Chromium, hex. 0.2
Chromium, total 4.0
Copper 0.8
Cyanide, complex 1.6
Cyanide, free 0.4
Fluorides To fresh water 2.01
To saline water 18.0
Gold 0.1
Lead 0.1
Manganese 4.0
Mercury 0.1
Nickel 2.0
Phenol 4.0
Selenium 0.2
Silver 0.2
Sulfide 3.0
Zinc 1.2
NOTES: 1This limit may be raised to 3.0 milligrams per liter if the municipal water supply is not fluoridated.
(3) 

Limitations on compatible pollutants.

(a) 

In cases where the effluent characteristics of an industrial or commercial discharge exceed the permissible limits for the compatible pollutants listed below, the acceptability of such waste will be left to the engineering judgment of the village, or any other federal, state or local agencies having jurisdiction. If, in the judgment of the village and responsible authorities, the admission of such waste will not overload the wastewater treatment system, permission to discharge said compatible pollutants may be granted. However, the village will require the payment of an additional operation and maintenance charge for the additional cost of operation and maintenance and a user and assessment charge for the additional capital construction costs to cover the cost of treating the excessive strength wastewater. This charge is in addition to any sewer charges for the nonexcessive waste discharge. The basis for these additional charges is in § 168-12. Excessive strength wastewater is defined as:

[1] 

Concentrations of suspended solids which are defined as concentration exceeding 250 milligrams per liter, such as but not limited to fuller's earth, lime slurries and lime residues) or dissolved solids, such as but not limited to sodium chloride in concentrations greater than 500 milligrams per liter.

[2] 

Concentrations of BOD which are defined as concentrations exceeding 250 milligrams per liter.

[3] 

Chloride demand requirements exceeding 9.0 milligrams per liter.

[4] 

Concentrations of free ammonia which are defined as concentrations exceeding 25 milligrams per liter.

[5] 

Phosphorus.

(b) 

Any user allowed to discharge excess compatible pollutants will be classified as a significant industrial user according to § 168-1 and subject to all the applicable conditions included in this chapter.

§ 168-6 Control of prohibited and limited wastes.

A. 

Regulatory actions. If wastewaters containing any prohibited substance or any concentration in excess of that described in § 168-5 of this chapter are discharged or proposed to be discharged into the Village of LeRoy Wastewater Treatment System or to any system tributary thereto, the village may take any action necessary to:

(1) 

Prohibit the discharge of such wastewater.

(2) 

Require a discharger to demonstrate that in-plant modifications will reduce or eliminate the discharge of such substances in conformity with this chapter.

(3) 

Require pretreatment, including storage facilities, or flow equalization necessary to reduce or eliminate the objectionable characteristics or substances so that the discharge will conform to the pretreatment standards and will not violate this chapter.

(4) 

Require the person making, causing or allowing the discharge to pay any additional cost expenses or damages incurred by the village due to the prohibited or limited discharge.

(5) 

Take such other remedial action as may be deemed to be desirable or necessary to achieve the purpose of this chapter.

B. 

Submission of plans. Where pretreatment, equalization or holding (storage for scheduled discharge) of wastewater flows prior to discharge into any part of the wastewater treatment system is required, construction plans, construction specifications and other pertinent data or information relating to such pretreatment or flow control facilities shall first be submitted to the Village Administrator for review and approval. Such approval shall not exempt the discharge or such facilities from compliance with the Act (in particular § 307) and any other applicable code, ordinance, rule, regulation or order of any governmental authority. Any subsequent alterations or additions to such pretreatment or flow control facilities shall not be made without due notice to and prior approval of the village.

C. 

Pretreatment facilities operation. If pretreatment or control of wastewater flow is required, such facilities shall be maintained in good working order and operated as efficiently as possible by the owner and/or operator at his own cost and expense, subject to the requirements of these rules and regulations and all other applicable codes, ordinances and laws.

D. 

Grease, oil and sand pretreatment. Grease, oil and sand interceptors shall be provided when, in the opinion of the Superintendent of Public Works, they are necessary and adequate for the proper handling of wastewater containing grease in excessive amounts [§ 168-5C(5)] or any flammable wastes, [§ 168-5C(1)] sand [§ 168-5C(2)] or other harmful ingredients, except that 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.

E. 

Control manhole. When required by the Superintendent of Public Works, the owner of any property serviced by a building sewer carrying industrial waste shall install a suitable control manhole, together with such necessary meters and other appurtenances, in the building sewer to facilitate observation, sampling, measurement and recording of the discharged wastewater. Such manhole, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the Superintendent of Public Works. 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.

F. 

Protection from accidental discharge. Each industrial user shall provide protection from accidental discharge of prohibited materials or other wastes regulated by this chapter. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner or operator's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the Superintendent of Public Works for review and shall be approved before construction of the facility. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify his facility as necessary to meet the requirements of this chapter.

G. 

Reporting of accidental discharge. If, for any reason, a facility does not comply with or will be unable to comply with any prohibition or limitations in this chapter, the facility responsible for such discharge shall immediately notify the Village Administrator so that corrective action may be taken to protect the wastewater treatment system. In addition, a written report addressed to the Village Administrator detailing the date, time and cause of accidental discharge, the quantity and characteristics of the discharge and corrective action taken to prevent future discharges, shall be filed by the responsible industrial facility within five days of the occurrence of the noncomplying discharge.

H. 

Improper use of sewers. The Village of LeRoy hereby reserves the right to inspect any building sewer and building drain and appurtenances or private sewers that discharge wastewater directly or indirectly to the village's wastewater treatment system. If it is found that such sewers or drains are used or maintained in such a way as to cause discharge of any wastewater that violates this section, groundwater or debris which exceeds the design criteria of said sewer, or any other substance deemed objectionable by the Superintendent of Public Works or the Director or Wastewater Treatment, the Village Administrator will give notice of unsatisfactory condition to the discharger and shall direct that the condition be corrected. In cases of continued noncompliance with the village's directive, the village may disconnect said sewer from the village's system without any liability for prosecution or damages.

I. 

The person or persons responsible for requiring any of the control actions specified in this chapter will be responsible for any and all costs incurred by the village in carrying out the required control activities.

§ 168-7 Industrial wastewater monitoring and reporting.

A. 

Discharge reports.

(1) 

Every significant industrial user shall file a periodic discharge report at such intervals as are designated by the Village Administrator. The village may require any other industrial users discharging or proposing to discharge into the treatment system to file such periodic reports.

(2) 

The discharge monitoring report may include, but shall not be limited to:

(a) 

Nature of process.

(b) 

Flow volume (daily, weekly or annual).

(c) 

Time and duration of discharge.

(d) 

Average and peak wastewater discharge rates, including daily, monthly and seasonal variations, if any.

(e) 

Mass emission rates.

(f) 

Site plans, floor plans, mechanical and plumbing plans and details to show all sewers and appurtenances by size, location and elevation.

(g) 

Description of activities, facilities and plant process on the premises, including all materials which are or could be discharged.

(h) 

Each product produced by type, amount and rate of production.

(i) 

Number and type of employees and hours of work.

(j) 

Wastewater constituents and characteristics.

(k) 

Other information which relates to the generation of waste.

(3) 

Such reports may also include the chemical constituents and quantity of liquid or gaseous materials stored on site even though they may not normally be discharged. The village will evaluate the data furnished by the user and may require additional information.

B. 

Records and monitoring.

(1) 

All significant industrial users who discharge or propose to discharge wastewaters to the wastewater treatment system shall maintain such records of production and related factors, effluent (discharge) flows and pollutant amounts or concentrations as are necessary to demonstrate compliance with the requirements of this chapter and any applicable state or federal pretreatment standards or requirements.

(2) 

Such records shall be made available upon request by the Village Administrator. All such records relating to compliance with pretreatment standards shall be made available to officials of DEC or EPA. A summary of such data indicating the industrial user's compliance with this chapter shall be prepared at intervals as requested by the Village Administrator and submitted to the Village Administrator.

(3) 

The owner or operator of any premises or facility discharging industrial wastes into the system shall, when required by the village, install at his own cost and expense suitable monitoring equipment to facilitate the accurate observation, sampling and measurement of wastes. Such equipment shall be maintained in proper working order and kept safe and accessible at all times. The sampling, analysis and flow-measurement procedures, equipment and results shall be subject at any time to inspection by the village.

(4) 

The monitoring equipment shall be located and maintained on the industrial user's premises outside of the building. When such a location would be impractical or cause undue hardship on the user, the Superintendent of Public Works may allow such facility to be constructed in the public street or sidewalk area, with the approval of the public agency having jurisdiction over such street or sidewalk, and located so that it will not be obstructed by public utilities, landscaping or parked vehicles.

(5) 

Whether constructed on public or private property, the monitoring facilities shall be constructed in accordance with the village requirements and all applicable standards and specifications as required in this chapter.

C. 

Inspection sampling and analysis.

(1) 

Compliance determination. Compliance determinations with respect to § 168-5 may be made on the basis of either instantaneous grab samples or composite samples of wastewater, as determined necessary by the Director of Wastewater Treatment. Composite samples may be taken over a twenty-four-hour period or over a longer or shorter time span, as required, to meet the needs of specific circumstances.

(2) 

Analysis of industrial wastewaters. Laboratory analysis of industrial wastewater samples shall be performed in accordance with the current edition of Standard Methods, Methods for Chemical Analysis of Water and Waste, published by the United States Environmental Protection Agency or the Annual Book of Standards, Part 23, Water, Atmospheric Analysis, published by the American Society for Testing and Materials. Analysis of these pollutants not covered by these publications shall be performed in accordance with procedures established by the New York State Department of Environmental Conservation.

(3) 

Sampling frequency. Sampling of industrial wastewater for the purpose of compliance determination with respect to § 168-5 will be done at such intervals as the Director of Wastewater Treatment requires.

D. 

Confidential information.

(1) 

All information and data on a user obtained from reports, questionnaires and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction, unless the user specifically requests and is able to demonstrate to the satisfaction of the Village Administrator that the release of such information would divulge information processes or methods which would be detrimental to the user's competitive position.

(2) 

When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for in making studies; provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.

(3) 

Information accepted by the village as confidential shall not be transmitted to any governmental agency or to the general public by the village until and unless prior and adequate notification is given to the user.

E. 

Special agreements. Special agreements and arrangements between the village and any persons or agencies may be established when, in the opinion of the Village Sewer Commission, unusual or extraordinary circumstances compel special terms and conditions.

§ 168-8 Powers and authority of inspectors.

A. 

Entering private property. Representatives or employees of the village, representatives of EPA and representatives of the DEC bearing proper credentials and identification shall be permitted to enter the property of all industrial users for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter. These representatives shall have no authority to inquire into any processes, including metallurgical, chemical, oil refining, ceramic, paper or other industries, beyond that point having a direct bearing on the kind and source of discharge to the wastewater treatment system watercourses.

B. 

Observance of safety rules; liability. While performing the necessary work on the properties referred to in Subsection A above, representatives or employees of the village, representatives of EPA and representatives of DEC shall observe all safety rules applicable to the premises established by the owners and operators, and the owners and operators shall be held harmless for injury or death to these representatives, unless such injury is due to the negligence of the owner or operator. The village, EPA or DEC shall indemnify the owner or operator against liability claims and demands for personal injuries or property damage asserted against the owner or operator and growing out of gauging and sampling operation, except as such may be caused by negligence or failure of the owner or operator to maintain safe conditions.

C. 

Easement granted for inspection, observation, repair. The Superintendent of Public Works, and duly authorized representatives of the village bearing proper credentials and identification, shall be permitted to enter all private properties through which the village 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 treatment system lying within said easement. All entry and subsequent work, if any, on said easement shall be done in accordance with the terms of the duly negotiated easement pertaining to the private property involved.

§ 168-9 Sanitary sewer extensions.

A. 

Application to construct. Application to construct extensions or additions to any sewer district sanitary sewers shall be made to the Village Administrator and shall be approved by the village before submission to the Genesee County Health Department. Two sets of detailed construction plans showing the proposed construction shall be submitted to the village for preliminary review. Following preliminary review and approval, the applicant will submit three sets of applications to construct a sanitary sewer, along with eight sets of detailed construction plans and specifications showing the proposed construction. Five sets of the applications and approved plans and specifications will be forwarded with a letter of approval to the Genesee County Health Department for acceptance. Evidence of Health Department approval, as well as other required local, state and/or federal approvals, is required prior to final acceptance.

B. 

Inspection during construction. Inspection during construction will be made by the Superintendent of Public Works or his representative. No sanitary sewers are to be covered until such inspection has been made. The Village Administrator will send a letter to the applicant certifying that inspection, testing and acceptance have been completed. Inspection and acceptance by the village does not relieve the owner of the responsibility to keep the sewer operating in accordance with these regulations. A complete set of as-built construction plans showing the final construction, wye or tee locations and other information shall be submitted prior to final acceptance. The cost of the village inspection and review will be the responsibility of the extension applicant.

C. 

Construction standards. Extensions or additions to the sanitary sewer system shall be designed and constructed in accordance with the latest revisions of the New York State Standards for Waste Treatment Works, the Water Pollution Control Federation Manual of Practice No. 9, Design and Construction of Sanitary and Storm Sewers, Genesee County Health Department regulations and the American Society of Testing Material Specifications for Sanitary Sewer Construction.

D. 

Sanitary sewer connection to public sanitary sewers.

(1) 

No connection of sanitary sewer extensions shall be permitted to the public sanitary sewer until completion of procedures outlined in this section.

(2) 

Existing private or public sanitary sewers may be connected to the public sanitary sewer only when they are found upon examination and test by the Superintendent of Public Works to meet these regulations. Any testing costs will be the responsibility of the sewer extension applicant.

E. 

Posting of bond. A private developer, subdivider or municipality installing a sanitary sewer extension to the public sanitary sewer shall post a full maintenance bond, to be approved by the Village Administrator for 100% of the value of the sewer construction cost, with the village, guaranteeing the sewer for a period of two years from the time of acceptance by the village. During this period, any defects in the sewer or appurtenances must be corrected at the applicant's expense.

F. 

Sewer excavations.

(1) 

Whenever pipelaying is not in progress the end of the pipe shall be securely closed with a tight-fitting cover or plug. Any earth or other material entering the main sewer due to operations of the plumber, contractor or building owner shall be removed at his expense. All trenches must be protected by sufficient sheeting and bracing.

(2) 

Within highway rights-of-way, backfilling and restoration of surface shall be in accordance with requirements of the highway agency having supervision.

§ 168-10 Damaging or tampering with sewer; penalty.

No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structures, appurtenances or equipment which is a part of the wastewater treatment system. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.

§ 168-11 Penalties for offenses.

A. 

Fine for violation of chapter. Any person found to be violating any provision of this chapter shall be guilty of a misdemeanor and, on conviction thereof, shall be fined in an amount not exceeding $100 for each violation and shall become liable to the village for any expenses, loss or damage occasioned the village by reason of such violation.

B. 

Continuance of violation. In the case of violations of a repeating or continuing nature, any person found to be violating any provision of this chapter shall be served by the village 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.

C. 

Liability to village for expense, loss or damage. Any person who shall continue any violation beyond the time limit provided for in Subsection B above shall be guilty of a misdemeanor and, on conviction thereof, shall be fined in an amount not exceeding $100 for each violation and shall become liable to the village for any expenses, loss or damage occasioned the village by reason of such violation. Each day in which any such violation shall continue shall be deemed a separate offense.

§ 168-12 Establishment of charges.

A. 

Sewer charges established. There is hereby established in the Village of LeRoy a system of sewer charges which shall be used for payment of the cost of management, maintenance, operation, repair of and amortization of the capital construction costs of the wastewater treatment system. This user charge system shall take precedence over any other contract or agreement which may be inconsistent with this user charge system.

B. 

Determination of sewer charges. Unless otherwise stated herein all charges shall be determined at least yearly by the Village Board by a resolution duly adopted by a majority of its membership. Users shall be notified, in conjunction with the spring quarter bill, of the rate and that portion of the charges which are attributable to wastewater treatment charges.

C. 

Sewer charges. The sewer charge shall be comprised of three components: operation and maintenance, industrial cost recovery and user charge.

(1) 

Operation and maintenance charge shall be levied on all users of the wastewater treatment system.

(a) 

The operation and maintenance charges will result in the distribution of the cost of operation and maintenance, including equipment replacement of the wastewater treatment system and costs for treating flows not directly attributable to a specific user, to each user in proportion to such user's contribution to the total wastewater loading of the treatment works as required by the Act. Each user's contribution shall be based on sewer use; unless the discharge contains excessive compatible pollutants, in which case an industrial surcharge shall be levied to cover the additional operation and maintenance costs necessary to transport and treat these wastes in accordance with Subsection C(2) below. A minimum charge shall be established which will be based on a minimum billable flow. The minimum billable flow will be determined by the Village Board in accordance with Subsection B. Operation and maintenance charges shall be computed based upon the previous quarter water consumption data. For users with no usage record, the user charge and minimum operation and maintenance charge shall be levied until a usage record is established, at which time the operation and maintenance charge shall be based upon usage.

(b) 

Industrial users operation and maintenance charges shall be based upon the previous water quarter's usage.

(c) 

Industrial operation and maintenance surcharge shall be levied on all users, industrial or not, discharging excessive compatible pollutants. This charge shall represent the proportionate share of the operation and maintenance costs based on wastewater flow and mass emission rate as required by the Act. The industrial surcharge shall become due and payable quarterly.

(d) 

The industrial operation and maintenance surcharge shall be determined as follows: The excess pounds of biochemical oxygen demand (BOD), suspended solids, free ammonia and chlorine requirements will be computed by multiplying the person's wastewater volume in million gallons per day by the constant 8.345 and then multiplying this product by the difference between the person's concentrations of biochemical oxygen demand (BOD), suspended solids, free ammonia and chlorine requirements and the aforementioned nonexcessive concentration in milligrams per liter by weight. The surcharge for each constituent will then be determined by multiplying the excess pounds of each constituent by the appropriate rate of surcharge discussed below. This product will then be multiplied by the number of days in the billing period to determine the surcharge. Concentration figures in the above calculations shall be daily averages determined in accordance with the provisions of Industrial Discharge Monitoring Report.

(e) 

Rates of surcharge. The rates of surcharge for each of the excessive compatible constituents listed below shall be the Village of LeRoy rate of surcharge for each constituent in effect at the time, plus the village administrative cost which shall be determined as per Subsection B, above.

[1] 

Biochemical oxygen demand (BOD).

[2] 

Suspended solids.

[3] 

Chlorine demand.

[4] 

Free ammonia nitrogen.

[5] 

Total daily flow.

[6] 

Total kjeldahl nitrogen.

[7] 

pH.

[8] 

Chemical oxygen demand.

[9] 

Phosphorus.

(2) 

Industrial cost recovery. Each industrial user of the treatment works shall pay an annual amount equal to its share of the total amount of the step 1, 2 and any grant amendments awarded to the village, divided by 30 years, which is the industrial cost recovery period. Any grant cost associated with infiltration/inflow correction is not allowable to industrial users and will be deducted from total costs of construction for the collection or treatment facilities prior to calculating industrial cost recovery payments. Capital costs for treatment plant will be proportioned by their effective parameters. These parameters are listed in § 168-5D(2) above. The share of industrial cost recovery for industrial users which pretreat process wastewaters prior to their discharge to the village sanitary system will be based upon the characteristics of the pretreated process waste flows. Industrial user wastewater characteristics shall be determined through a monitoring program as required by § 168-7 of this chapter.

(a) 

Frequency of payments shall be not less often than annually. The first payment shall be made not less than one year after the user begins use of the treatment works. Industrial cost recovery payments shall be on a system-wide basis.

(b) 

Reserve capacity. If an industrial user enters into an agreement with the village to reserve a certain capacity in the treatment works, the user's industrial cost recovery payments shall be based on the total reserved capacity in relation to the design capacity of the treatment works. If the discharge of an industrial user exceeds the reserved capacity in volume, strength or delivery flow rate characteristics, the user's industrial cost recovery payment shall be increased to reflect the actual use. If there is no reserve capacity agreement between the industrial user and the village and a substantial change in the strength, volume or delivery flow rate characteristics of an industrial user's discharge share occurs, the user's share shall be adjusted proportionately. A user's domestic wastes shall be excluded before applying the 25,000 gallon per day exemption.

(3) 

User charges.

(a) 

User charges shall be levied on all users of the sanitary sewer system. Each dwelling unit, occupied or unoccupied, each business in a commercial district, occupied or unoccupied, and each separate use within a commercial building in any zone shall be classified as a user.

(b) 

The user charge shall represent not more than the share of the village's capital costs as determined by the Village Board and will be based upon sanitary sewer availability. Such charge shall be payable even if the user is not connected to the public sanitary sewer. In the case of industrial users, the charge will comply with the industrial cost recovery requirements of the Act.

(c) 

The user charge shall become due and payable quarterly, unless special individual arrangements are necessary for industrial cost recovery.

D. 

Levy and collection of sewer charges.

(1) 

The amount due each quarter for operation and maintenance, user charges and industrial operation and maintenance surcharge may be stated on the regular sewer bill.

(2) 

All sewer charges shall be due and payable within 30 days.

(3) 

Responsibility for payment of sewer charges is with the property owner and/or operator of an industrial or commercial facility.

(4) 

A 10% penalty is added for nonpayment by the end of the month in which the bill is rendered. Any charge not paid shall be a lien upon the premises served and shall be collectible as provided by Village Law.

E. 

Sewer use. Except as herein provided, the sewer use shall be the total metered water use.

F. 

Water not entering the sewer.

(1) 

In the event that the owner of a lot, parcel of land, building or other premises discharging wastewater into a sanitary sewer, either directly or indirectly, uses metered village water in excess of 20,000 gallons per quarter year and claims a significant portion of the metered water does not return to the sanitary sewer, such owners shall file a written statement to that effect with the Village Clerk. Upon receipt of such statement, the Village Board of Trustees may authorize the installation, at the owner's expense, of a separate meter or meters to measure the metered water returning to the sanitary sewer. If the installation of such a meter or meters is not practical, the Water/Sewer Board shall determine a method of measuring the wastewater entering the sewer. In such cases, the sewer charges may be based upon this determination.

(2) 

The significant undischarged portion of the metered water use must be in excess of that quantity of water use that a typical water user does not discharge into the sewer, and the agreed upon water use reduction will only reflect that amount of undischarged water use that is in excess of what is typical.

G. 

Nonmetered water entering the sewer. In the event that the owner of a lot, parcel of land, building or other premises discharging wastewater to the sanitary sewer, either directly or indirectly, uses metered village water and water other than metered village water, or uses water other than metered village water exclusively, the Village Board of Trustees shall determine a method of measuring or estimating the wastewater discharge entering the sanitary sewer. In such cases, the sewer surcharges shall be based on this determination.

H. 

Meter costs. All expenses in connection with metering shall be charged to the owner of the land.

I. 

Users outside of the village.

(1) 

Connections to the village sewer system by users outside the village shall only be by users in a legally constituted district. In exceptional cases individual users may be permitted by the Village Board to connect to the sewer system.

(2) 

All connections from outside the village, whether district or individual, shall be permitted only after a contract is entered into by the village and prospective user or users. This contract shall set forth all conditions for entry into the sewer system, including sewer charges.

(3) 

In those cases where a parcel of property is partially outside the village, service shall be provided, and charges accessed, in the same manner as any village user, provided that at least 20% of the total assessment is located within the village.

[Amended 8-8-2012 by L.L. No. 3-2012]

§ 168-13 Inspection upon sale or transfer of property.

[Added 7-11-2007 by L.L. No. 3-2007]
A. 

The purpose of this section is to require inspection of specified real property upon sale or transfer of title for the purpose of ensuring that storm and sanitary sewer connections are in compliance with § 168-1 et seq. of the LeRoy Village Code.

B. 

Prior to the sale or transfer of title of any residential or commercial real property located in the Village of LeRoy that is connected to the Village sanitary and/or storm sewer systems, the owner or transferor of the property shall apply for an inspection of the property by the Town of LeRoy Code Enforcement Officer. The purpose of such inspection shall be to determine whether said use of said property is in compliance with Village Code Chapter 168 for the purpose of stormwater not entering sewer lines, and the laws of the State of New York specifically related to unlawful discharge into a sanitary sewer, or any other violation of Chapter 168 of this code.

C. 

After inspection, if it is determined that no violation exists, the Code Enforcement Officer shall issue a certificate of stormwater discharge compliance. No transfer of such real property shall be closed or recorded until such certificate has been issued and delivered by the seller or transferor to the buyer or transferee.

D. 

Upon a determination that noncompliance exists, the Code Enforcement Officer shall so notify the property owner and shall establish a procedure by which the owner or transferor of the affected real property shall commence an abatement program. No certificate of stormwater discharge compliance shall be issued pursuant to this chapter until the Code Enforcement Officer is satisfied that such abatement has been completed and the property is in full compliance with Chapter 168 of the LeRoy Village Code, at which time a certificate of stormwater discharge compliance shall be issued by the said officer.

E. 

If the property owner fails or declines to bring the property into compliance, the Code Enforcement officer is hereby authorized to order the property to be brought into compliance, and to enforce said order through legal proceedings in a court of competent jurisdiction by way of injunction or any other appropriate legal remedy.

F. 

Any owner or transferor of property in the Village of LeRoy that is subject to this article who sells or transfers without first obtaining a certificate of stormwater discharge compliance shall be deemed to be in violation of this article and shall be subject to § 168-11, Penalties for offenses, of the Village Code.

G. 

Whenever it shall become necessary for the Code Enforcement Officer or any officer of the Village of LeRoy to enforce Chapter 168 of the Village of LeRoy Code through legal action, whether or not a case is actually brought in court, the costs incurred by said officer for consultation fees with engineers, attorneys, or other professional and costs incurred in enforcement of compliance with this Code, including but not limited to the costs of meeting the requirement of Article 6 of the Environmental Conservation Law (SEQR), such costs shall be charged to the applicant or owner of the real property and shall be reimbursed by the applicant or owner of the real property before a building permit may be issued or a certificate of occupancy or certificate of compliance hereunder may be issued. Upon failure by the applicant or property owner to make such reimbursement, then said reimbursement costs levied pursuant to this chapter are hereby made a lien on the premises and if the same are not paid within 30 days after it shall be deemed payable, they shall be added to the Village's real property tax roll for that year and be collected as other taxes are collected.