This article shall be known as the "Sewer Use Ordinance."
It is the purpose of this article to promote and protect the
health, safety and general welfare of the residents of the Town of
Penfield and/or customers of the Penfield sewer district(s). This
shall be achieved through effective management and proper maintenance
of the public sewer collection system, to yield the highest possible
level of system reliability.
A.
The public sewer collection system within the sewer district(s) of
the Town of Penfield shall be under the control of the Penfield Town
Board acting as the Board of Commissioners for said districts. The
Town Board shall designate a Superintendent to manage and supervise
the day-to-day operations of the sewer districts.
B.
Only those properties that are within the sewer district(s) or extensions
thereto, or are granted out-of-district user status, shall have legal
authority to utilize the public sewer system either directly or indirectly.
Unless the context specifically indicates otherwise, the meaning
of terms used in this article shall be as follows:
The waste generated from the preparation or dispensing of
food or meals that has been shredded to such a degree that all particles
will be carried freely under average flow conditions which normally
exist within that section of the public sewer system, with no particle
greater than 1/4 inch in any dimension.
That person so designated by the Town Board or Superintendent
to check and/or verify compliance with this article and conduct inspections
of grease traps and associated maintenance records.
The Town Board, being charged with governing the affairs
of all sewer districts or extensions thereto within the Town of Penfield.
That portion of the lowest horizontal sanitary drainage piping
within a building which conducts wastewater to the building sewer.
The extension of the sanitary drainage piping from the public
sewer system or individual sewage disposal system to the outside of
the wall of a building, to where it is connected to the building drain.
Certificate of compliance, with either sections of the Town
Code, this article or Town Specifications.
Commercial or industrial sewage discharges to the public sewer system, which, when analyzed, show pollutant concentrations which do not exceed limits established by this article, Article III of this chapter, or the Monroe County Sewer Use Law, rules and regulations of the Pure Waters Administrative Boards or the Town of Webster Sewer Use Law.
Fats, oils and/or grease generated through the preparation,
cooking, dispensing or cleaning of utensils or equipment, which is
measured in mg/l.
Discharge from a grease trap or any kitchen or building drain
which does not exceed 140 mg/l of FOG at peak operation time.
Any fibrous, woven, spun or stringy material which is introduced
in the public sewer system and does not readily break as a result
of wetting or under common turbulence normally found in the public
sewer system.
The kitchen waste generated from the preparation, cooking
and dispensing of food and from handling, storage, or sale of fruit,
produce or meat.
A septic system or seepage pit which is under the jurisdiction
of the Monroe County Health Department.
Use or lack of use of the public sewer system in such a manner
so as to disrupt or endanger the health, safety and general welfare
of the residents of the Town of Penfield or customers of the Penfield
sewer district(s) and/or the effective management and reliable operation
of the public sewer system.
The owner of record or any person holding title to, or having
any ownership interest in, real property within any of the sewer districts
or extensions thereto, as described above.
Any individual, firm, company, association, society, corporation,
not-for-profit organization or group who or which has business with
the sewer district(s).
Those portions of the sanitary sewer collection system serving
individual properties and which are located outside of public rights-of-way
or easements to the Town of Penfield.
That portion of the sanitary sewer collection system owned,
operated and/or controlled by the sewer district(s) of the Town of
Penfield, including gravity pipes or conduits, lateral pipes, manholes,
pumping systems, force mains and appurtenances used to collect and
transmit wastewater to the receiving works of either Monroe County
Pure Waters or adjacent municipalities under contract for such conveyance.
A network of gravity pipes or conduits, lateral pipes, manholes,
pumping systems, force mains and appurtenances which collect and transmit
sewage generated from residential, commercial or industrial uses to
receiving works of either an adjoining municipality or Monroe County
Pure Waters; and to which discharge of surface water or groundwater
is expressly prohibited.
Water-carried waste which is discharged from the sanitary
fixtures or conveniences of dwellings, commercial business uses and/or
industrial uses, including apartments, hotels, schools and institutions.
The department within the Town of Penfield organization charged
with operation, maintenance and/or repair of the public sewer system
and administration of the affairs of the sewer district(s).
A geographic boundary, including one or more parcels of land,
established by the Town Board, expressly for the purpose of providing
sanitary sewer service, maintenance, inspection, renovations and/or
improvements as required; and given the authority to levy charges
associated with these operations or indebtedness associated therewith.
That person designated by the Town Board to oversee and manage
the daily operations of the Sewer Department and sewer district affairs.
The Town development regulations and specifications, and
all applicable sections of this Town Code.
Sewage.
A.
No person or entity shall open, enter into or otherwise interfere
with operation of the public sewer system.
B.
No person or entity shall undertake plumbing work, except that work
which is classified as general or regular maintenance, without first
obtaining a plumbing permit for said work. Application for plumbing
permits shall be made through either the Sewer Department for underground
work or the Building Department for interior plumbing work. All work
shall be in accordance with applicable provisions of this Code, Town
specifications, and/or the New York State Uniform Building Code. All
work shall be inspected by either the Sewer or Building Department,
as applicable.
C.
The Town Board will annually fix plumbing permit fees, which will
be chargeable to property owners, persons or entities who or which
desire to make repairs or modifications to their private systems.
Such fees shall be sufficient in amount to cover all administrative
costs associated with permit and C of C issuance and inspection.
D.
Each property owner will be responsible for paying a one-time sewer
entrance fee prior to connecting his/her property to the public sewer
system. For multiple-dwelling properties, no more than one sewer entrance
fee will be charged to any one taxable parcel of land. The sewer entrance
fee is comprised of a Town of Penfield and Monroe County Pure Waters
component that is set annually, except in areas of northern Penfield
where the entrance fee amount is established through the Monroe County/Town
of Webster sewer use contract.
A.
Any property owner desiring to undertake plumbing work on his/her
own premises may do so after first obtaining a plumbing permit. In
this case, the plumbing work shall only be done on the property owner's
private system, and must be done in accordance with Town specifications
and/or the New York State Uniform Building Code. By signing and accepting
the plumbing permit, the property owner agrees to indemnify the Town
of Penfield, its sewer district(s) and agents from any and all loss
or damage that may result directly or indirectly from work covered
under said plumbing permit.
B.
Plumbing contractors or entities engaged in the performance of any type of plumbing work, other than regular or general maintenance, shall first apply for and obtain a plumbing permit as outlined in § 180-13 above. Prior to issuance of the permit, the plumbing contractor or entity shall demonstrate the possession of:
(1)
A general liability insurance policy naming the Town of Penfield
as an additional insured, in an amount not less than $300,000 each
occurrence, and $500,000 aggregate,
(2)
Either a valid New York State workers' compensation and disability
policy covering all employees or a certificate of exemption from New
York State workers' compensation.
C.
Any property owner or plumbing contractor or entity engaged in any
type of plumbing work, other than that work listed as regular or general
maintenance, without first obtaining a plumbing permit shall be in
violation of this article.
A.
No person or sewer user shall discharge, or cause to be discharged,
any of the following to the public sewer system, either directly or
indirectly:
(1)
Surface water, groundwater or foundation water.
(2)
Any wastewater discharge containing more than 140 milligrams per
liter, by weight, of fats, oils or grease (FOG).
(3)
Any liquid or vapor having a temperature lower than 32° F.
or higher than 150° F.
(4)
Any gasoline, benzene, naptha, fuel oil or other flammable or explosive
liquid, solid or gas.
(5)
Any garbage that has not been properly shredded.
(6)
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 collection
system in the opinion of the Town Board.
(7)
Any woven, fibrous or stringy material which does not readily break
apart under common turbulence normally found in the public sewer system.
(8)
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/or personnel.
(9)
Any water or wastes containing a toxic or poisonous substance in
sufficient quantity to 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 Town Board.
(10)
Any noxious or malodorous gas or substance.
(11)
Any nondomestic waste from holding tanks, sludge or skimmings
from the cleaning or pumping of grease traps or oil/water/sand separators
to any of the district(s)-owned collection points.
(12)
Any water or wastes containing suspended solids of such character
or quantity that, in the opinion of the Superintendent, require extraordinary
effort or expense to transmit such materials through the public sewer
system or otherwise maintain system reliability.
(13)
Any wastewater which exceeds any of the thresholds established
in either the Monroe County Sewer Use Ordinance and/or Pure Waters
District rules and regulations; or Town of Webster Code Chapter 175,
Sewers (discharge restrictions).
B.
If, in the judgment of the Superintendent, special analyses must
be performed to determine the magnitude or composition of any of the
above, the costs of such laboratory analysis fees shall be borne by
the property owner.
A.
Any commercial or industrial sewer users that generate wastewater
containing organic, inorganic, greasy or fatty liquid(s), semi-liquid
and/or solid wastes shall utilize an appropriately sized grease trap
(GT) to collect and restrict the passage of these substances to either
the public sewer system or a private system which connects to the
public system.
B.
Oil/Water and grit interceptors (OWS) of appropriate size and flow
rate shall be provided when, in the opinion of the Superintendent,
they are necessary for the proper separation of oils, grease, grit
or other contaminants normally found emanating from floor drains or
pits.
Any commercial/industrial property requesting to make connection
to the public sewer system shall make such connection directly into
an existing sanitary manhole, or if an existing manhole is not conveniently
located shall construct a new manhole, per Town specifications, over
the public sewer to facilitate observation, sampling and measurement
of the wastewater discharge. The observation manhole is to be constructed
solely at the expense of the property owner and in accordance with
plans and specifications approved by the Superintendent.
A.
It shall be the responsibility of the property owner to provide general
and/or regular maintenance of the sanitary lateral or building sewer
which serves his/her property. This shall include, but is not limited
to, as much cabling, cutting, flushing, or root removal as is necessary
to keep the building sewer in good working order.
B.
If through video inspection it is determined that the portion of
the building sewer within the public right-of-way or Town easement
is either structurally or hydraulically deficient, the Sewer Department
will relieve the property owner of his/her responsibility for general
or regular maintenance of that portion of the building sewer. The
Sewer Department may choose to install a lot line clean-out and provide
whatever regular maintenance necessary to keep that section of the
building sewer in good working order, or have the deficiency removed.
All pipe materials and installation methods or any repair or
maintenance work shall be in accordance with the Town specifications
and/or applicable sections of the New York State Uniform Building
Code.
Any plumbing fixtures located in a basement or which have a
flood rim which is below the rim of the nearest adjacent upstream
manhole shall utilize an approved check valve or backflow device.
Said installation shall be in accordance with applicable provisions
of the New York State Uniform Building Code.
A.
The Superintendent or ADR shall be permitted to enter upon any properties
for the purpose of inspection, observation, measurement, sampling
and testing, or activities that are in accordance with this article
or any regulations promulgated thereunder.
B.
Those records or data possessed by the owner or manager of a facility
that, in the judgment of the SPR or ADR, have bearing on or affect
the operation of the public sewer system shall be made available for
inspection. Denial of this request shall be considered a violation
of the Town Code and this article.
A.
Any permit issued pursuant to this article may be subject to cancellation
after a hearing in the event of a finding by the Town Board 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 subsection or otherwise in this section, the
Town Board may terminate the use of the sewer by severing the connection
to the sewerage system.
B.
Any person violating any provision of this article shall be responsible
in monetary damages for any injury to the sewer system or expense
caused the Town Board by such violation. This money may be collected
by civil action in the Supreme Court of the State of New York. Obedience
to this article may also be enforced by injunction.
C.
Any person, firm or corporation 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 more than $250 or to imprisonment for
not more than 15 days, 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.
D.
The Town Board of the Town of Penfield shall be responsible for the
enforcement of this article.
E.
Any condition that in the judgment of the Superintendent poses a
direct or imminent risk to the function or reliability of the public
sewer system may be cause for the Superintendent to have the risk
removed or corrected, and the costs thereof shall be chargeable to
the owner of the property.
Where the conditions imposed by any provision of this article
are less restrictive than rules or regulations of any other agency
having jurisdiction or their employees or agents, the provisions which
are more restrictive shall govern.
