No person shall uncover, make any connections
with or opening into, use, alter, or disturb any public sewer or appurtenance
thereof without first obtaining a written permit from the Superintendent.
[Amended 5-11-2010 by L.L. No. 7-2010; 5-18-2015 by L.L. No. 4-2015]
A. There shall be two classes of building sewer permits:
(1) For residential and commercial service.
(2) For service to establishments producing industrial wastes. (NOTE: See §
230-23 for special provisions.)
B. In either case, the owner shall make application on a special form
furnished by the Town. The permit application shall be supplemented
by any plans, specifications, and other information considered pertinent
in the judgment of the Town Engineer. A permit and inspection review
fee as set from time to time by resolution of the Town Board for a
residential or commercial building sewer permit and a fee as set from
time to time by resolution of the Town Board for an industrial building
sewer permit shall be paid to the Town at the time the application
is filed.
[Amended 10-24-2022 by L.L. No. 8-2022]
C. Any person seeking a permit to serve a single-family or two-family residence shall receive a final certificate of compliance, subject to successful inspection required by §
230-22B. All other applicants, including but not limited to cooperative, condominium and townhouse developments as defined in §
310-2.2, may receive a permit with a term of five years, after an acceptable inspection required by §
230-22B. Upon the expiration of the permit term, the permit must be renewed and the pumps, connections, pipes and related equipment must be reinspected where reasonably accessible.
[Amended 10-24-2022 by L.L. No. 8-2022]
D. The CEO may impose such permit conditions as he or she may reasonably require to protect the health, safety and welfare of the community, including, but not limited to, effluent parameters for various types of pollutants (including those requirements applicable to industrial users set forth at §
230-23) and periodic inspection and maintenance requirements for the pumps, connections, pipes and related equipment. Notwithstanding the foregoing, such permit conditions shall be no less stringent than any other permit, order or license duly issued by any other regulatory agency which permit, order or license is related to the construction or operation of the wastewater disposal system in question.
E. Within 30 days of receipt of a written request from the CEO, a permit
holder who holds a SPDES permit for wastewater discharge or discharges
more than 1,000 gallons per day of sewage from its wastewater disposal
system shall provide a report to the CEO that its wastewater disposal
system is in good working order, its flow rates match its design flow
rates and the electrical and mechanical components of such system
are working as designed. Said report shall be certified by a design
professional. Said report shall be requested no more frequently than
annually unless the permit holder is subject to a compliance order
or other enforcement action or is undertaking modification of its
sewer system. Holders of SPDES permits who are requested to provide
a report pursuant hereto, shall submit copies of all discharge monitoring
reports for the prior twelve-month period with said report.
F. Each permit holder (other than a holder of a final certificate of compliance) who obtained a sewer permit from the Town prior to the date of enactment of this §
230-15F shall make application for a new sewer permit with a five-year term within 120 days from the date of enactment of this section.
All costs and expenses incidental to the installation
and connection of the building sewer shall be borne by the owner.
The owner shall indemnify the Town from any loss or damage that may
directly or indirectly be occasioned by the installation of the building
sewer.
A separate and independent building sewer shall
be provided for every building; except where one building stands at
the rear of another on an interior lot and no private sewer is available
or can be constructed to the rear building through an adjoining alley,
court, yard, or driveway, the front building may be extended to the
rear building and the whole considered as one building sewer, but
the Town does not and will not assume any obligation or responsibility
for damage caused by or resulting from any such single connection
aforementioned.
[Amended 5-18-2015 by L.L. No. 4-2015]
Old building sewers may be used in connection with new buildings
only when they are found, on examination and test reviewed and authorized
by the Superintendent, to meet all requirements of this Part 1.
[Amended 5-18-2015 by L.L. No. 4-2015]
The size, slope, alignment, materials of construction
of a building sewer, and the methods to be used in excavating, placing
of the pipe, jointing, testing, and backfilling the trench, shall
all conform to the requirements of the building and plumbing code
or other applicable rules and regulations of the Town. In the absence
of code provisions or in amplification thereof, the materials and
procedures set forth in appropriate specifications of the American
Society of Testing and Materials (ASTM) and WPCF Manual of Practice
No. 9 shall apply.
[Amended 5-18-2015 by L.L. No. 4-2015]
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, sanitary sewage carried by such building drain shall
be lifted by a means approved by the CEO and discharged to the building
sewer.
No person shall make connection of roof downspouts,
foundation drains, areaway drains or other sources of surface runoff
or groundwater to a building sewer or building drain which in turn
is connected directly or indirectly to a public sanitary sewer unless
such connection is approved by the Superintendent for purposes of
disposal of polluted surface drainage.
A permit issued pursuant to §
230-15B shall be subject to the following conditions:
A. Permit applications. A permit application for industrial
users shall provide the following information:
(1) Anticipated volume computed on a daily, weekly and
monthly basis; and if seasonal or otherwise irregular, the anticipated
peak periods;
(3) Characteristics of wastewater;
(5) Each product produced by type;
(6) Amount and rate of production; and
(7) Description of activities, facilities and plant process
on the premises including all materials processed and types of materials
which are or could be discharged.
B. Terms and conditions.
(1) Any permit issued under this section shall contain such limits and restrictions on volume, constituents, characteristics of wastewater and flow rates as may be determined by the Superintendent as reasonably necessary to equitably allocate the capacity of the POTW and to safeguard the public health, safety and welfare; and such other requirements as may be determined by the Superintendent pursuant to Article
V of this Part
1.
(2) Permits shall contain specifications for monitoring
programs which may include sampling locations, frequency of sampling,
number, types and standards for tests and reporting schedules.
(3) Industrial user monitoring programs shall include
semiannual self-monitoring reports which shall specify the nature
and concentration of pollutants, daily flows which exceed the reported
average and mass discharges (if required by the Superintendent). Slug
discharges must also be reported.
C. Modifications by the Town Superintendent.
[Amended 5-18-2015 by L.L. No. 4-2015]
(1) The permit terms and conditions shall be subject to modification
and change by the Superintendent. Except in case of emergency, the
Superintendent shall notify the permit holder at least 30 days in
advance in writing served either personally or by certified mail,
return receipt requested, at the permit holder's place of business
within the Town. Such notice shall specify the proposed changes or
modifications, the reasons therefor, and the proposed effective date;
a statement that the permit holder may submit in writing any objections,
counterproposals or justification for continuation of any or all of
the terms or conditions of the permit; and also the right to request
a hearing before the Superintendent, if demanded within the thirty-day
period, and to be represented by counsel and to present proof and
rebut any evidence produced at the hearing.
(2) Compliance with any final order of the Superintendent under this
subsection shall not be required sooner than 30 days after service
upon the permit holder, as above provided, except in case of emergency.
D. Modifications at request of permit holder. An industrial user shall
apply for a permit modification to the Superintendent if production
or process is changed so that wastewater characteristics or flow is
altered.
[Amended 5-18-2015 by L.L. No. 4-2015]
E. Assignment or transfer of permit. A permit issued
pursuant to this section shall not be assigned, transferred or sold
to a new owner, new user, different premises or a new or changed operation.
F. Maximum time period. A permit issued pursuant to this section shall be for a period not to exceed five years; provided, however, that a permit may be extended for additional periods not to exceed five years each upon payment of the required fee and submission of a new application as provided in Subsection
A of this section. Such application shall be submitted within six months and not less than one month prior to expiration of a permit.
G. Revocation of permit. A permit may be revoked by the Superintendent,
subject to prior notice and an opportunity to be heard, for any of
the following conditions:
[Amended 5-18-2015 by L.L. No. 4-2015]
(1) Any false information submitted in the permit application.
(2) Willfully exceeding the limits and restrictions as to volume, constituents,
characteristics of wastewater and flow rates as specified in the permit.
(3) Willfully failing to maintain monitoring programs as required by the permit or any compliance order or stop-work order issued by the Superintendent or CEO in accordance with §
230-40.3 or
230-40.4.
(4) Failure to take corrective action as specified by the Superintendent
within the time specified.
(5) Failure to pay any charges, fees or sewer rents within three months
after falling due.
H. Enforcement. Conditions of wastewater discharge permits
shall be uniformly enforced by the Town in accordance with this Part
1 and applicable state and federal regulations. Permits shall be expressly
subject to all provisions of this Part 1 and all other regulations,
user charges and fees established by the Town and applicable state
and federal regulations.