Town of Delaware, NY
Sullivan County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Delaware as indicated in article histories. Amendments noted where applicable.]
Attachment 1 - Effluent Concentration Limits for Toxic Substances
[Adopted 5-28-1997 by L.L. No. 2-1997]

§ 173-1 Repeal of existing sewer use charge systems.

The sewer use charge systems in effect at the time of the adoption of this article are hereby repealed and shall be replaced by the system of charges provided for herein.

§ 173-2 Title.

This article shall be known and may be cited as the "Sewer Rent Law of the Town of Delaware, New York."

§ 173-3 Establishment of sewer rents.

Pursuant to Article 14-F of the General Municipal Law, there are hereby established and imposed sewer rents as a means of producing revenue for Sewer District No. 1 and Sewer District No. 2 of the Town of Delaware.

§ 173-4 Legislative intent.

After reviewing the various methods of establishing the equitable assessment of the costs of operation and maintenance and capital improvements of the Town of Delaware sewer districts, including the method which has been in existence prior to the adoption of this article, it is the opinion and determination of the Town Board that the system, based upon the schedules of units heretofore utilized, subject to the minor changes provided for herein, is just and equitable.

§ 173-5 Schedule of units.

A. 
The following units are hereby established for each lot, parcel of land, building or other premises situated in Sewer District No. 1 and Sewer District No. 2 of the Town of Delaware:[1]
Property Classification
Operation and Maintenance Units
Capital Units
Single-family dwelling
1
1
2-family dwelling
2
2
3-family dwelling
3
3
4-family dwelling
4
4
5-family dwelling
5
5
6-family dwelling
6
6
Single apartment (multiuse building)
1
1
Laundry
0.5 per machine
0.5 per machine
Car wash:
(commercial)
1 per bay
1 per bay
(private)
0.5 per bay
0.5 per bay
Churches
1
1
Doctor/dentist offices
1
1
Grocery store/supermarket
2.25
2.25
Theaters, meeting halls and places of mass assembly
0.5 for 0 to 20 seats
0.5 for 0 to 20 seats
0.75 for 21 to 50 seats
0.75 for 21 to 50 seats
1 for 50 + seats
1 for 50 + seats
Office/retail
0.5 up to 4 people
0.5 up to 4 people
0.75 for 5 to 10 people
0.75 for 5 to 10 people
1 for 11 to 18 people
1 for 11 to 18 people
1.25 for 19 + people
1.25 for 19 + people
Funeral parlor
1
1
Food service (minimum 1 unit per category)
1 for 0 to 20 seats
1 for 0 to 20 seats
Allowable deductions for food service:
2 for 21 + seats
2 for 21 + seats
Facilities using paper products only
-0.5
-0.5
Facilities without lavatories/toilets
-0.5
-0.5
Hotel/motel
0.25 per room
0.25 per room
Hairdresser/barber
1 per technician
1 per technician
Public showers/bathhouses
0.5 per room/half year
0.5 per room/half year
Vacant land
Under 1 acre
0
0.25
1 + acre
0
0.50
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
In all sewer districts, the Town Board may assign an appropriate and equitable number units as the need therefor arises for any use not covered by the foregoing schedule.

§ 173-6 Implementation, collection and enforcement of charges. [1]

A. 
Upon the adoption of this article, the Town Board shall provide to the Town Assessor a list of parcels for which this article effects a change from the existing number of units and setting forth the correct number of units applicable to each such parcel, whereupon the Assessor shall cause the assessment roll to be corrected accordingly.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Commencing in 1998, the Town Board shall, no later than the taxable status date of each year, provide the Assessor a list of additions, deletions and/or changes in the number of units to be assessed against each parcel based upon the then-existing available data.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Each year, simultaneously with the submission of the tentative Town budget by the Budget Officer to the Town Board, the Town Board shall be provided a statement as to the estimated amounts of revenue required to be raised for operational and maintenance expenses and capital expenditures for each sewer district for the ensuing year, as well as a per-unit apportionment of each amount for each district. The Town Board shall then fix and determine the per-unit rates to be charged in each sewer district for operational and maintenance expenses and capital expenditures, respectively, by local law, as required pursuant to General Municipal Law Article 14-F.
D. 
The Town Board shall levy the amounts so adopted against the real property liable therefor at the same time and in the same manner as Town taxes, such amounts to be set forth in the annual tax rolls. The amounts so levied shall be levied and enforced in the same manner and at the same time and subject to the same penalties as may be provided by law for the collection and enforcement of Town taxes.
[1]
Editor's Note: Sewer rents, which are updated and adopted annually by local law, are available at the Town offices.
[Adopted 12-12-1991 by L.L. No. 2-2011]

§ 173-7 Short title and statement of purpose.

A. 
Short title. This article shall be known as the "Town of Delaware Sewer District Use Regulations."
B. 
Purposes. The purposes of rules, regulations and requirements of this article are specifically stated as follows:
(1) 
To prohibit excessive volumes and/or inordinate rates of flow of sewage and wastes into the Town of Delaware Sewer District sewer systems and all public and private sewers and lines tributary thereto;
(2) 
To prohibit the contribution of sewage, industrial wastes or other wastes of a flammable nature, or which create in any way a poisonous or hazardous environment for sewage maintenance and operation personnel;
(3) 
To prohibit the contribution of sewage, industrial wastes or other wastes which may cause maintenance difficulties in the interceptor sewers, trunk sewers, force mains, pumping stations, sewage regulators, and other structures and appurtenances of the Town of Delaware Sewer District sewer system and public and private sewers tributary thereto;
(4) 
To prohibit the contribution of sewage, industrial wastes or other wastes which may create operating difficulties at the Village of Jeffersonville Water Pollution Control Facility or a Town of Delaware water pollution control facility, as it is to be constructed, modified or improved in the future;
(5) 
To require the treatment, before introduction into a Town of Delaware Sewer District sewer system and public and private sewers tributary thereto, of such wastes as may impair the strength and/or durability of the structure appurtenant to the system by direct or indirect chemical action or interfere with the normal treatment process;
(6) 
To regulate all connections and discharges to and usage of a Town of Delaware Sewer District sewage system for the purpose of providing maximum efficiency in the maintenance and operation of the system and adhere to all applicable federal, state and local requirements;
(7) 
To require the connection to and the use of the sanitary sewer system; and
(8) 
To protect the public health and to prevent nuisances.

§ 173-8 Definitions.

Definitions. Unless the context specifically indicates otherwise, the meaning of terms used in this article shall be as follows:
ADMINISTRATOR
The Code Enforcement Officer, or his duly authorized deputy, agent or representative.[1]
BOD (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. (68° F.), expressed in parts per million (ppm) or milligrams per liter (mg/l).
BUILDING DRAIN
That part of the lowest horizontal piping of a building sanitary drainage system which receives the discharge from soil, waste and other sanitary drainage pipes inside the walls of any building and conveys such discharge to the building sewers, beginning five feet outside the inner face of the building wall.
BUILDING SEWER
That part of the horizontal piping of a sanitary drainage system which extends from the end of the building drain and which receives the discharge of the building drain and conveys it to a public sewer or other point of disposal.
COMBINED SEWER
A sewer designed to receive and transport both surface runoff and sewage.
COOLING WATER
The water discharge from any system of condensation, air conditioning, cooling, refrigeration or other sources.
DEPARTMENT OF HEALTH
The New York State Department of Health.
DISTRICT
Any Town of Delaware Sewer District of which all or a portion of the land area of the Town is a part or in which such Town or portion thereof shall participate.
DISTRICT No. 1
The Town of Delaware Sewer District No. 1.
DISTRICT No. 2
The Town of Delaware Sewer District No. 2.
DISTRICT SEWER SYSTEM
The trunk sewers and lateral sewers and other appurtenant structures owned and operated by the Town of Delaware Sewer District.
EASEMENT
An acquired legal right for the specific use of land owned by others.
FLOATABLE OIL
Oil, fat or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. Wastewater shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system.[2]
GARBAGE
Solid wastes from the domestic or commercial preparation, cooking and dispensing of food, or from handling, storage and sale of produce.
INDUSTRIAL USER
Any individual or commercial establishment with a classification as designated in the Standard Industrial Classification Manual, 1972 Edition, as published by the Executive Office of the President and who utilizes the services of the Town of Delaware Sewer District No. 1 or Sewer District No. 2 sanitary sewer systems.[3]
INDUSTRIAL WASTES
The fluid wastes from industrial manufacturing processes, trade or business, as distinct from sanitary sewage.
NYSDEC
The New York State Department of Environmental Conservation or duly authorized official of said Department.
OTHER WASTES
Garbage (shredded or unshredded), refuse, woods, coffee grounds, sawdust, shavings, eggshells, bark, sand, lime, cinder, ashes and all other discarded matter not normally present in sewage or industrial wastes.
PERMITTEE
Any person who obtains a permit for sewer connection.
PERSON
Any individual, firm, company, association, society, corporation or group.
PH
The intensity of the acid or alkaline reaction of a solution in terms of hydrogen concentration (but is not a measure of the total concentration of acid or alkali present). The pH is expressed as the common logarithm of the reciprocal of the hydrogen concentration in moles per litter:
pH =
log 1
(h+)
POLLUTANT
Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water.
POLLUTION
The man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water.
PRETREATMENT
The reduction of the amount of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a wastewater treatment facility. The reduction or alteration can be obtained by physical, chemical or biological processes, process changes or by other means, except as prohibited by 40 CFR 403.6, General Pretreatment Regulations for Existing and New Sources of Pollution.
PRIVATE SEWAGE DISPOSAL SYSTEM
Any privy, septic tank, cesspool or other sewage disposal facility owned and operated by a person other than a municipal sewage system.
PROPERLY SHREDDED GARBAGE
The wastes from the preparation, cooking and dispensing of food that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle having a dimension greater than 1/2 inch in any dimension.
PUBLIC SEWER
A sewer controlled by public authority.
RECEIVING WATERS
A natural watercourse or any other body of surface water or groundwater into which treated or untreated sewage is discharged.
SANITARY SEWER
A sewer which carries sewage and to which stormwater, surface water and groundwater are not intentionally admitted.
SCAVENGER WASTES
The conditioned human waste matter collected from privies, septic tanks, cesspools and chemical toilets.
SEWAGE
A combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such groundwater, surface water and stormwater as may be inadvertently present. The admixture of sewage, as above defined, with industrial wastes or other wastes also shall be considered "sewage" within the meaning of this definition.
SEWAGE CHARGE
The demand payment for the use of public sewer and/or sewage treatment plant for handling any sewage, industrial wastes or other wastes accepted for admission thereto, in which the quantity or characteristics thereof exceed the maximum values as defined herein.
SEWAGE SYSTEM
All facilities within a Town of Delaware Sewer District for collecting, regulating and transporting sewage to the water pollution control facility.
SEWAGE TREATMENT PLANT (WATER POLLUTION CONTROL PLANT)
Any arrangement of devices and structures used for treating sewage at the Village of Jeffersonville Water Pollution Control Facility, a Town of Delaware water pollution control facility or any other sewage system of the Town of Delaware.
SEWER
A pipe or conduit for carrying sewage.
SHALL
Is mandatory; "may" is permissive.
SIGNIFICANT INDUSTRIAL USER
Any user who:
A. 
Has a flow of 25,000 gallons or more per average workday;
B. 
Has a flow greater than 5% of the flow in a Town of Delaware sewer district wastewater system;
C. 
Has in his wastes toxic pollutants as defined pursuant to Section 307 of the Act;
D. 
Has been identified as one of the 21 industrial categories pursuant to Section 307 of the Act; or
E. 
Is found by a Town of Delaware sewer district to have a significant impact, either singly or in combination with other contributing industries, on the wastewater treatment or collection system.
SLUG
Any discharge of water or wastewater which, in concentration of any given constituent or in quantity of flow for any period of duration longer than 15 minutes, exceeds more than five times the average twenty-four-hour concentration of flows during normal operation and shall adversely affect the collection system and/or performance of the wastewater treatment works.
SPDES
The State Pollution Discharge Elimination System established by Article 17 of the Environmental Conservation Law of the State of New York for issuances of permits authorizing discharges to the waters of the state.
STORM SEWER (STORM DRAIN)
A sewer which carries stormwater and surface waters and drainage but excludes sewage and industrial wastes other than cooling waters and other unpolluted waters.
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 filtering.
THE ACT
The Federal Water Pollution Control Act, also known as the "Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.
TOWN
The Town of Delaware.
USEPA
The United States Environmental Protection Agency or, where appropriate, a designation for the administrator or other duly authorized official of said agency.
VILLAGE
The Village of Jeffersonville.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 173-9 Administrator, duties/powers.

A. 
Duties. It shall be the duty of the Administrator of the Town to enforce the provisions of this article and to formulate and issue such rules, regulations and specifications which may be necessary for the administration, development or construction of sewers of the district as required to implement this article.
B. 
Inspections.
(1) 
The Administrator and USEPA and NYSDEC representatives, bearing proper credentials and identification, shall be allowed ready access at all times for the purposes of inspection, observation, measurement and sampling of the wastewater discharge to ensure that discharge to the district wastewater facilities is in accordance with the provisions of this article.
(2) 
The Administrator and USEPA and NYSDEC representatives, bearing proper credentials and identification, shall be permitted to enter all private property through which the district holds an easement for the purposes of inspection, observation, measurement, sampling, repair and maintenance of any of the district wastewater facilities lying within the easement. All entry and any subsequent work on the easement shall be done in full accordance with the terms of the easement pertaining to the private property involved.
(3) 
The Administrator shall have the right to set up on the user's property such devices as are necessary to conduct sampling or metering operations. The Administrator may at reasonable times have access to and copy any records, inspect any monitoring equipment or method required by District wastewater discharge ordinances, and sample any effluents which the owner or operator of such source is required to sample. Where a user has security measures in force, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, personnel from the Town will be permitted to enter without delay.
(4) 
Refusal to permit the entry upon private lands required to perform the necessary work referred to in this section shall be punishable by such penalties as may be prescribed under § 173-17 of this article.
C. 
Permits. It shall be unlawful for any person to discharge directly or indirectly into public sewers of the district sewer system except after the issuance of a permit therefor, properly issued by the Administrator, and upon terms and conditions as may be established by the Administrator or by this article for the issuance of such a permit.

§ 173-10 Use of public sewer required.

A. 
Sewer discharge. It shall be unlawful to discharge into any receiving waters within the district, either directly or indirectly, any sewage, industrial wastes or other pollution.
B. 
Use required. The person owning any property used for human occupancy, employment, recreation, commerce, industry or other public or private purpose situated within the district, which abuts on any street or right-of-way in which or adjacent to which there is located a public sanitary sewer, is hereby required at his own cost and expense to connect the sanitary sewage discharge from his property directly with the public sewer in accordance with the provisions of this article within 90 days after official notice to do so, provided that said public sewer is within 500 feet of the property line. The Town reserves the right to extend said period an additional amount of time.
C. 
Unauthorized use. It shall be illegal for any property owner to connect his building to the collection system without the prior approval of the Administrator. If there is any unauthorized taking of sewer service without the approval of the Administrator, then such individual shall be subject to the penalties and fine as hereinafter provided.

§ 173-11 Private sewage disposal and sewage systems.

A. 
Public sewers not available. Whenever a public sanitary sewer is not available within the district as described under the provisions of § 173-10B, the building sewer shall be connected, either directly or through a private sewage system, to a private sewage disposal system complying with the requirements of the Department of Health and the provisions of this article.
B. 
Standards. The type, capacities, location and layout of a private sewage disposal system, and the pipe sizes, slopes and design criteria of a private sewage system within the district shall comply with the requirements of the Health Department, and no statement in this article shall be construed to interfere with these or any other additional requirements or recommendations that may be imposed by the Department of Health. Any additional requirements imposed by this article are for the purpose of implementing the intent of this article and providing for the proper development of the district sewer system.
C. 
Review of requirements. Before commencement of construction of a private sewage sanitary system, the owner shall first obtain a written permit issued by the Administrator. The application for such permit shall be made on a form furnished by the district, which will be supplemented by any plans, specifications and other information as is deemed necessary by the Administrator. A permit and inspection fee will be paid to the district at the time the application is filed. All information required shall become a part of the application. Construction shall not commence until approved by the Administrator. Any revisions to the approved application without the written approval of the Administrator is prohibited.
D. 
Construction requirements. The methods, practices and materials used in the construction of a private sewage system located in the district shall be in accordance with the provisions of the approved application and any specifications and requirements adopted by the Town Board in fulfilling the Administrator's duties and the provisions of this article, as provided herein. In the absence of any particular provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the American Society of Testing and Materials (ASTM) and the Water Pollution Control Federation (WPCF) Manual of Practice No. 9 shall apply.
E. 
Inspection and certification required. The Administrator shall be allowed to inspect the work at any stage of construction, and in any event, the applicant shall notify the Administrator when the work or separate portion of it is ready for final inspection and before any underground portions are covered. The inspection shall be made within 24 hours of receipt of notice by the Administrator. Prior to final approval, the applicant shall provide the Administrator with two complete sets of as-built drawings of the system and, in the case of a sewage infiltration test, the results certified by a professional engineer licensed in the State of New York. The maximum allowable rate of infiltration into any section of a sewage system shall not exceed 200 gallons per inch of pipe diameter per mile of sewer per day.
F. 
Owner to maintain. The owner of a private sewage disposal or sewage system shall operate and maintain such facilities in a satisfactory manner at all times at no expense to the district.
G. 
Connection required to public sewers when available. At such time as a public sewer becomes available to a property served by a private sewage disposal and/or sewage system, as provided for in § 173-10B, a direct connection shall be made to the public sewer in compliance with this article within 60 days. Any person obtaining a permit to connect to the public sewer shall be required to abandon the existing septic tank or cesspool or other private sewage disposal facilities as hereinafter prescribed in § 173-12, and said facilities shall be cleaned of sludge and removed or filled with suitable material, or as directed by the Administrator.
H. 
Connecting of private sewage systems. Where service through a public sewer becomes available to an existing private sewage system, whether or not such system was constructed prior to the adoption of this article, the Administrator shall, before issuing a permit for connection to the public sewer, have the right to perform such tests and inspections as may be required to ascertain the completeness and integrity of the private sewage system, and to require all necessary repairs to be made by the owner, at no expense to the district to make the private sewage system acceptable for connection to the public sewer as required by this article, or such additional rules, regulations and specifications as may be adopted by the Town Board.

§ 173-12 Building sewers and connection.

A. 
Connection permit required. No person shall uncover, make any connections with or opening into, use, alter, disturb or discharge into any public sewer or appurtenance thereof without first obtaining a written permit from the Administrator or Town Board, where designated.
B. 
Permit classes. There shall be two classes of building sewer permits: 1) for residential and commercial service; and 2) for service to establishments producing industrial wastes. In either case, the owner or his agent shall make application on a special form furnished by the Administrator. The permit application shall be accompanied by plans, profiles, specifications or other information considered pertinent by the Administrator. All permit applications for service to establishments producing industrial wastes shall be subject to Town Board approval after a public hearing. A permit and inspection fee for a residential or commercial building sewer permit or for an industrial building sewer permit in the amount prescribed in a fee schedule adopted by the Town Board shall be paid to the district at the time that the application is filed.
C. 
Connection costs. All costs and expenses in installing and connecting a public sewage system or building sewer to the district sewer system shall be borne by the owner. The owner shall indemnify the district for any loss or damage that might be occasioned by the installation and connection of such public sewage system or building sewer.
D. 
Separate building sewer required. A separate and independent building sewer shall be provided for every building, except where one building stands at the rear of another on a separate interior lot and no sewer is available or can be constructed to the rear 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.
E. 
Existing building sewers. Existing building sewers may be used in conjunction with new buildings only when they are found, upon inspection and testing by the Administrator, to meet all requirements of this article and any other specifications adopted by the Administrator.
F. 
Construction requirements. The size, slope, alignment, materials or construction of a building sewer, appurtenances and the methods to be used in excavating, placing of the building sewer pipe, jointing, testing and backfilling the trench shall conform to the requirements of the specifications for the installation of building sewers as adopted by the Town Board and all applicable provisions of any other rules and regulations of the Town of Delaware or of the County of Sullivan and the State of New York, whichever requirement is more strict. In the absence of any requirements or in amplification thereof, the materials and procedures set forth in appropriate specifications of the American Society of Testing and Materials (ASTM) and the Water Pollution Control Federation (WPCF) Manual of Practice No. 9 shall apply. All connections of building sewers to a public sewage system shall be gastight and watertight. Any deviations from the prescribed materials and construction procedures must be approved by the Administrator prior to installation.
G. 
Service requirements. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sewage carried by such building drain shall be lifted by a method approved by the Administrator and discharged to a gravity-flow building sewer.
H. 
Prohibited connections. No person shall make a connection of roof downspout, exterior foundation drains, areaway drains or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected to a public sanitary sewer.
I. 
Inspection and approval. The applicant for the connection of any building sewer to a public sewage system owned or maintained by the district shall notify the Administrator when the building sewer is ready for inspection and connection to the public sewer. In no case shall any underground portions of the building sewer be covered or connection to the public sewer made without the approval and/or supervision of the Administrator or his representative. Permission to activate the building sewer will be given only after satisfactory final inspection has been made and approval given by the Administrator.
J. 
Protection and safety. All excavations for building sewer excavations shall comply with all federal, state and local safety regulations and shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of work shall be restored in a manner satisfactory to the Administrator and appropriate municipal authorities.
K. 
Maintenance and repair. Building sewers shall be maintained, serviced and repaired by the owner of the property served from the building drain to a point within one foot of the Y in the street, if connected to a public sewer in a public right-of-way, and to within two feet of the public sewer located in an easement across private property. In the event that a property is unable to discharge sewage into the public sewer, it will be presumed that the fault is in the private building sewer unless contrary facts are in evidence. Evidence of willful damage to a building sewer being served by a public sewer shall be considered a violation of the article.
L. 
Disconnection. Before any building whose building sewer is connected to a public sewer is demolished, the owner thereof shall conform with the requirements established by the Administrator. The cutoff or plugging of the building sewer shall be done with the permission and under the supervision of the Administrator.

§ 173-13 Use of public sewers.

A. 
Drainage discharges. 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 the district sewer system.
B. 
Prohibited discharges. No person shall discharge or cause to be discharged any of the following described waters or wastes to the district sewer system, which:
(1) 
Create a fire or explosion hazard, including, but not limited to, gasoline, benzene, naptha, fuel oil or other flammable or explosive liquid, solid or gas; or any liquid, solids or gases which by reason of their nature or quantity are sufficient, either alone or by interaction with other substances, to cause fire or explosion or be injurious in any other way to the district sewer system and Village sewage treatment plant or to the operation of the district sewer system and Village sewage treatment plant. At no time shall two successive readings on an explosion hazard meter at the point of discharge into the system (or at any point in the system) be more than 5% nor any single reading over 10% of the lower explosive limit (LEL) of the meter;
(2) 
Contain noxious, malodorous gas or substance which is present in quantities that create a public nuisance or a hazard to life;
(3) 
Cause corrosive damage or hazard to structures, equipment or personnel of the district sewer system and Village sewage treatment plant, but in no case discharges with the following properties:
(a) 
Having a pH lower than 5.0 or greater than 10.0 for more than 10% of the time in a twenty-four-hour period;
(b) 
Having a pH lower than 3.5 or greater than 12.0 for any period exceeding 15 minutes.
These requirements may be modified for facilities designed to accommodate greater ranges;
(4) 
Cause obstruction to the flow in sewers, or other interference with the operation of the district sewer system and Village sewage treatment plant due to accumulation of solid or viscous materials; such substances include, but are not limited to, grease, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., in quantities or of such size capable of impairing the hydraulic capacity of the sewer or other interferences with the operation of the district sewer system and Village sewage treatment plant.
C. 
Controlled discharges. No person shall discharge or cause to be discharged the following described substances, materials, waters or wastes to the district sewer system without the prior approval of the Town Board:
(1) 
Constitute a rate of discharge or substantial deviation from normal rates of discharge ("slug discharge") sufficient to cause interference in the operation and performance of the district sewer system and Village sewage treatment plant;
(2) 
Contain heat in amounts which will accelerate the biodegradation of wastes, causing the formation of excessive amounts of hydrogen sulfide in the district sewer system or inhibit biological activity in the wastewater treatment facilities, but in no case shall the discharge of heat cause the temperature in the district sewer system to exceed 65.5° C. (150° F.) or the temperature of the influent to the treatment facilities to exceed 40° C. (104° F.) unless the facilities can accommodate such heat;
(3) 
Contain nonbiodegradable fats, wax, grease or oils, whether emulsified or not, in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32° F. and 150° F. (0° C. and 65° C.);
(4) 
Contain floatable oils, fat or grease;
(5) 
Contain any garbage that has not been properly shredded;
(6) 
Waters or wastes containing strong acids, iron pickling wastes, or concentrated plating solutions, whether neutralized or not;
(7) 
Contain any odor- or color-producing substances exceeding concentration limits which may be established for purposes of meeting the SPDES permit;
(8) 
Contain radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Administrator in compliance with applicable Town, state and federal regulations;
(9) 
Any waters or wastes having a pH in excess of 12.0;
(10) 
Materials which exert or cause:
(a) 
Unusual concentration of inert suspended solids (such as, but not limited to, Fullers' earth lime residues) or dissolved solids (such as, but not limited to, sodium chlorine and sodium sulfate);
(b) 
Excessive coloration (such as, but not limited to, dye wastes and vegetable tanning solutions);
(c) 
Excessive chemical and suspended solids limits.
[1] 
A BOD in excess of 240 milligrams per liter;
[2] 
A chlorine demand in excess of 25 milligrams per liter;
[3] 
A chemical oxygen demand in excess of 600 milligrams per liter; or
[4] 
Suspended solids in excess of 300 milligrams per liter.
(11) 
Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment process employed by the Village or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of agencies having jurisdiction over discharge to the receiving waters.
D. 
Requirements for accepting controlled discharges.
(1) 
If any waters or wastes are discharged or are proposed to be discharged to the district sewer system, which waters contain the substances or possesses the characteristics enumerated in Subsection C of this section and which, in the judgment of the Town Board, may have a deleterious effect upon the sewage works, processes, equipment or other receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Town Board may:
(a) 
Reject the waters or waste;
(b) 
Require pretreatment to an acceptable condition for discharge to the district sewer system;
(c) 
Require control over the quantities and rates of discharge; and/or
(d) 
Require that periodic reports be filed with it at intervals not exceeding six months, containing the following material:
[1] 
The specific action, if any taken, to achieve compliance with Section 307 of the United States Public Law No. 95-217 and any pretreatment requirements mandated by any statute, rule or regulation of New York State, or any of its departments, agencies or bureaus.
[2] 
Results of a comprehensive sampling and laboratory testing program indicating the characteristics of the wastewater so discharged in terms of parameters that will adequately identify the waste. The types of testing and frequency of testing for each such person discharging such wastewater shall be specified by the Administrator. All sampling and laboratory testing required by the Administrator shall be performed by each such person, and all costs and expenses incident to the testing, sampling, monitoring and reporting with respect to providing data to the Administrator, the New York State Department of Environmental Conservation, the United States Environmental Protection Agency, or any other agency having jurisdiction shall be borne by such person.
(e) 
Require payment in excess of the existing taxes or sewer charges or rents to cover the added cost of handling and treating the wastes pursuant to the provisions of § 173-13J of this section and any applicable law.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
If the Town Board permits the pretreatment or equalization of waste flows, the design and installation of the pretreatment/equalization works and equipment shall be subject to the review and approval of the Town Board and subject to the requirements of all applicable codes, ordinances and laws.
E. 
Grease interceptors. Grease, oil and sand interceptors shall be provided when, in the opinion of the Town Board or the Administrator, such interceptors are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand or other harmful ingredients. All interceptors shall be of a type and capacity approved by the Administrator and shall be located as to be readily and easily accessible for cleaning and inspection. Owner is to provide proof of regular maintenance to the Code Enforcement Officer on an annual basis.[2]
Entities required to have grease interceptors shall provide plans and technical information for grease interceptor facilities, prepared by a New York State licensed engineer, to the Town for review and approval by the Administrator and Town Engineer. Costs for review, approval of plans and for routine inspections of grease interceptors will be paid by the facility owner.[3]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[3]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
F. 
Maintenance of pretreatment facilities. Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.
G. 
Control and inspection manhole. When required by the Town Board, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole, together with such necessary meters and other appurtenances, in the building sewer to facilitate observation, sampling and measurement of the wastes. Such a manhole, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the Administrator. 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. 
Measurements and tests. All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this article shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, and shall be determined at the control manhole provided or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the district sewer system to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property. (The particular analyses involved will determine whether a twenty-four-hour composite of all outfalls of a premises is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from twenty-four-hour composites of all outfalls, whereas pH is determined from periodic grab samples).
I. 
Review of determination.
(1) 
Any persons aggrieved by any decision or determination made by the Town Board or Administrator of the district pursuant to Subsection D hereof may bring a proceeding to review such determination in the manner provided by Article 78 of the Civil Practice Law and Rules.
(2) 
No statement contained in this article shall be construed as preventing any special agreement or arrangement between the Town and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the district for treatment, subject to payment thereof by the industrial concern in accordance with applicable provisions of law.
J. 
Special agreements. Special agreements and arrangements between the municipality and any persons or agencies may be established when, in the opinion of the municipality, unusual or extraordinary circumstances compel special terms and conditions. Acceptance of such waste shall not cause the sewer treatment plant to violate its SPDES permit or the receiving water quality standards or any pretreatment regulations promulgated by the United States Environmental Protection Agency or the New York State Department of Conservation in accordance with § 307 of P.L. 95-217.[4]
[4]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 173-14 Disposition of scavenger wastes.

Scavenger discharges prohibited. The discharge of private scavenger wastes into the district sewer system and public sewers tributary thereto shall not be permitted.

§ 173-15 Significant industrial users.

Significant industrial users. The connection of any significant industrial users, as defined within § 173-8, into the district sewer system and sewers tributary thereto shall not be permitted.

§ 173-16 Protection from damage.

A. 
Protection from damage. Any person who willfully or negligently breaks, damages, destroys, uncovers, defaces or tampers with any structure, appurtenance or equipment which is a part of the district sewer system or public sewer tributary thereto will be in violation of this article, immediately arrested under the charge of disorderly conduct, and subject to the penalties provided herein.
B. 
Notification of discharge. Any user who accidentally discharges wastes in violation of this article shall immediately notify the Administrator and the Town. Notification shall be followed within 15 days by a detailed, written statement describing the causes of the accidental discharge and the measures taken to prevent future occurrence. Such notification will not serve to relieve the user of liability for any expense, loss or damage to the Town sewer system or for any fines imposed by the Town of Delaware under applicable state and federal regulations.
C. 
Submission of plans. Any user who discharges industrial wastes, as distinct from sanitary sewage, shall be required to submit to the Town Board detailed plans to show facilities and operating procedures to provide protection from accidental direct or indirect discharge of deleterious materials or wastes to the district sewer system.

§ 173-17 Enforcement and penalties for offenses.

A. 
Enforcement.
(1) 
The Administrator shall have the responsibility of enforcing the provisions of this article. Where a violation of said provisions is found, the Administrator shall notify the alleged offender by certified mail of the nature of the violation and prescribe a period of time not to exceed 30 days within which the specified violation must be corrected. Such period of time may be extended by the Town Board.
(2) 
If the violation is not corrected within the period specified in said notice, the Administrator may take such action as provided in Subsection B of this section.
B. 
Penalties and civil remedies.
(1) 
A violation of the provisions of this article is an offense, and each such violation may be punished by a fine not exceeding $500 for the first offense and by a fine not exceeding $1,000 for each subsequent offense or by imprisonment for a period not exceeding six months, or by both such fine and imprisonment. In lieu of or in addition to such fine, each such violation shall be subject to a civil penalty, not exceeding $1,000 for any one violation, to be recovered in an action or proceeding brought by the Town Attorney in the name of the Town and the district in a court of competent jurisdiction. Each day a violation continues shall be subject to a separate fine or civil penalty.
(2) 
The Town Attorney may maintain an action or proceeding in the name of the Town and the district in a court of competent jurisdiction to compel compliance or restrain by injunction any violation of this article, notwithstanding the provisions hereof for a penalty or other punishment.
(3) 
Where any violation of this article causes additional expense to the Town or the district, the Town or the district shall have a cause of action against the violator to recover such additional cost. The cause of action may be asserted at the discretion of the Administrator and shall be in addition to the fine, penalty and injunction hereinabove provided and shall be brought by the Town Attorney in the name of the Town and the district in a court of competent jurisdiction.

§ 173-18 Miscellaneous provisions.

A. 
Laws repealed and interpretation. This article shall supersede Local Law No. 5 of 1982, entitled "A local law establishing the rules, regulations and requirements in relation to the use of public and private sewers, private sewage disposal, the installation and connection of building sewers, and the discharge of sewage, industrial wastes or other wastes into the sewage system of the Town of Delaware Sewer District No. 1 and all public and private sewers tributary thereto, and prescribing penalties for violations thereof." The Town Board does not intend that the meaning and interpretations adopted or used pursuant to said Local Law No. 5 of 1982 shall change as a result of the adoption of this article. Rather it is the intent of the Town Board of the Town of Delaware in enacting this article to adopt common regulations for all sewer districts within the Town. It is further intended that this article shall, unless amended or modified by the Town Board, apply to all other sewer districts organized in the Town of Delaware after the effective date of this article.