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Town of Highlands, NY
Orange County
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Table of Contents
Table of Contents
[Adopted 5-13-1986 by L.L. No. 2-1986]
The sanitary sewer system of the town consists of lateral and trunk sewers laid in streets and rights-of-way, together with a sewage treatment plant.
Design of the system is based on collection of domestic sewage only, and approval by the New York State Department of Health was given for construction and use of sewers for this purpose only. No connection will be permitted to the sanitary sewer system which shall carry or deliver any substance or material other than domestic sewage or such industrial wastes as are specifically approved by the Town Board. Domestic sewage consists of solid or liquid wastes from toilets, sinks, laundry or bathtubs, shower baths, or equivalent plumbing fixtures. Drainage or flow from roofs, cellars, yards, springs, wells, swimming pools or roadways is not domestic sewage, and draining therefrom into the sanitary sewer system is prohibited.
A. 
"Shall" is mandatory; "may" is permissive.
B. 
As used in this Part 2, the following terms shall have the meanings indicated:
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., expressed in parts per million by weight.
BUILDING DRAIN
That part of the lowest horizontal piping in 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 outside the inner face of the building wall.
BUILDING SEWER (ALSO REFERRED TO HEREIN AS "HOUSE SEWER" OR "SEWER CONNECTION")
Any sewer, or part thereof, which connects a public or private building with the town sewer and extends from the town sewer to the building or house foundation wall.
COMBINED SEWER
A sewer receiving both surface runoff and sewage.
CONTAMINATION
An impairment of the quality of the waters of the state by waste to a degree which creates a hazard to the public health through poisoning or through spread of disease.
GARBAGE
Solid wastes from the preparation, cooking and dispensing of food and from the handling, storage and sale of food products.
INDUSTRIAL WASTES
Liquid wastes from industrial processes, as distinct from sanitary sewage.
MUNICIPAL OR PUBLIC SEWER
The sewer pipelines of the town in streets, alleys, easements or rights-of-way obtained by the town. Such term shall also include the service connection pipeline up to the outside edge of the property to be serviced.
NATIONAL CATEGORICAL PRETREATMENT STANDARD OR CATEGORICAL STANDARD
Any regulation containing pollutant discharge limits promulgated by the EPA in § 307(B) and (C) of the Act (22 U.S.C. § 1347) which applies to a specific category of industrial users. These standards apply at the end of the categorical process ("end of process").
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater.
PERSON
Any individual, firm, company, association, society, corporation or group.
pH
The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
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 pollutants, elimination of pollutants or alteration of the nature of the pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a publicly owned treatment works. 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.
PROPERLY SHREDDED GARBAGE
Wastes from the preparation, cooking and dispensing of food shredded to such a degree that all particles will be carried freely under flow conditions normally prevailing in sewers, with no particle greater than 1/2 inch in any dimension.
PUBLICLY OWNED TREATMENT WORKS (POTW)
A treatment works as defined by § 212 of the Act (33 U.S.C. § 1292), including any sewers which convey wastewater to the POTW, but not including pipes, sewers or other conveyances not connected to a facility providing treatment.
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 ground-, surface, and storm waters as may be present.
SEWAGE TREATMENT PLANT
Any arrangement of devices and structures used for treating sewage.
SEWAGE WORKS
All facilities for collecting, pumping, treating and disposing of sewage.
SEWER
A pipe or conduit for carrying sewage.
SEWER INSPECTOR
The person appointed as the Town Board's authorized agent (or his duly authorized deputy or representative) in matters falling under this Part 2 (see § 146-17).
SIGNIFICANT INDUSTRIAL USER
Any user who:
(1) 
Has a discharge flow of 25,000 gallons or more per average workday;
(2) 
Has a flow greater than 5% of the flow in the municipality's wastewater system;
(3) 
Has in his wastes toxic pollutants as defined pursuant to § 307 of the Act;
(4) 
Has been identified as one of the 21 industrial categories pursuant to § 307 of the Act; or
(5) 
Is found by the town to have significant impact, either singly or in combination with other contributing industries, on the treatment or collection system.
SLUG
Any discharge of water or wastewater which, in concentrations 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 issuance of permits authorizing discharges to waters of the state.
STORM SEWER OR STORM DRAIN
A sewer which carries storm- and surface waters and drainage, but excludes sewage and polluted industrial wastes:
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.
WATERCOURSE
A channel in which a flow of water occurs either continuously or intermittently.
The Town Board shall appoint a Sewer Inspector who will be the Board's authorized agent in matters falling under this Part 2 and who shall exercise those powers which are delegated to him in this Part 2 or which may be reasonably required to carry out such powers. He shall report to the Board all applications for sewer connections, inspect and approve construction of such sewer connections and report to the Board any violations of this Part 2.
Employees of the United States Environmental Protection Agency (USEPA) and New York State Department of Environmental Conservation (NYSDEC) shall be granted access to any industrial property served by the sanitary sewer system for official purposes of inspection, observation, measurement, sampling and testing. Such inspections shall be made during normal operating hours of the premises served. The Sewer Inspector shall accompany all such governmental inspection parties to observe and confirm findings and serve as the Municipal Board's official representative during such inspections.
A. 
No plumber, contractor or other qualified person shall make connections to the town sewer system or lay any sewers unless he has a permit to do so and has been designated as a drainlayer. An application for such permit shall be on the form provided by the town. No permit will be issued to any such person, unless he presents to the Town Board satisfactory evidence that he is capable of laying sewer connections in a good and workmanlike manner and in accordance with this Part 2. The fee for each such permit shall be as established by the Town Board. Any person authorized as a drainlayer shall give personal attention to any work done under his permit and shall employ only competent persons to do the work.
B. 
Drainlayers shall make a written report to the Sewer Inspector of every connection or disconnection to or from the town sewer system, such report to be made within 24 hours after completion of such connection or disconnection.
C. 
Drainlayers must report to the Sewer Inspector, in writing, within 24 hours of the finding of them, a full description of all obstructions in house drains or the presence of any substance prohibited by this Part 2.
D. 
Nothing contained herein shall prohibit any property owner from making the connection between the building on his own property and the town sewer system, provided that such work is done in strict accordance with the provisions of this Part 2 and provided that said property owner, prior to the issuance of a permit for such connection, furnishes satisfactory evidence to the Sewer Inspector of his competence to perform said work.
E. 
The Town Board may revoke or deny the application for the permit of any person, firm or corporation authorized as a drainlayer who shall have violated any provision of this Part 2; or who shall refuse or neglect to correct any work deemed defective or imperfect by the Sewer Inspector; or who shall refuse or neglect to pay any fees, fines or penalties imposed under the provisions of this Part 2. Such refusal shall be given, in writing, by the Board, or its duly authorized agent, to any such person, firm or corporation, stating the grounds for the proposed action by the Board and providing for a time and place at which such person, firm or corporation may show cause why such proposed action should not be taken.
All building sewers or sewer connections shall be laid and connected in accordance with the rules and regulations herein set forth, and the repair, maintenance and extension of the same shall, likewise, conform to these rules and regulations. The property owner shall bear the entire expense of all connections to the town sewer from the edge of his property line to the house or building on his property to be serviced; or from the sewer line to the house or building where connection is made to a sewer main constructed within a right-of-way crossing lands of the owner, provided that connection to the sewer main within said right-of-way is permitted by the town; or from the property line to the house or building where connection is made to a sewer main constructed within a right-of-way crossing lands of others, but adjacent thereto, provided that connection to the sewer main within said right-of-way is permitted by the town.
A. 
The owner of any house, building or property used for human occupancy, employment, recreation, commerce, manufacturing or other purpose situated within the town and abutting on any street, alley or right-of-way in which there is or may in the future be located a town sewer; or if a town sewer is otherwise available or accessible to such house, building or property is hereby required at his expense to connect with the town sewer, install suitable toilet facilities and connect such facilities directly with the public sewer in accordance with the provisions of this Part 2 within six months after date of official notice to do so, or as directed by the Town Board.
B. 
The Town Board shall advise the property owner of the availability of the town sewer for connection by him, and such connection shall be made within six months after the giving of such notice as provided in the subsection above. Upon the making of such connection, all septic tanks, cesspools and similar private sewage facilities existing on the property shall be abandoned and filled with suitable materials.
It shall be unlawful for any person, firm or corporation to:
A. 
Place, deposit or permit to be deposited, in an unsanitary manner, upon public or private property within or in any area under the jurisdiction of the town any human or animal excrement, garbage or other objectionable waste, except as provided in this Part 2.
B. 
Construct, use or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for disposal of sewage, except as provided in this Part 2.
C. 
Uncover any portion of the public sewers or connections thereto or open any manhole or appurtenance of the sewerage system, except under permit signed by the Sewer Inspector.
D. 
Open any highway or public grounds for the purpose of making any sewer connection or make or cause to be made any connection with the public sewer, except under permit signed by the Sewer Inspector and under his supervision.
E. 
Break out or remove any pipe of the public sewer system or make or cause to be made any connection to said public sewers, except through connection branches provided for such purpose and except under permit signed by the Sewer Inspector and under his supervision. Location of said connection branches shall be designated by the Sewer Inspector.
F. 
Discharge or cause to be discharged into any public sewer, directly or indirectly, any overflow or drainage from manure pits, cesspools or other receptacles storing or constructed to store organic wastes or surface water from yards, driveways or roadways.
G. 
Contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will interfere with the operation or performance of the POTW. These general prohibitions apply to all such users of a POTW whether or not the use is subject to National Categorical Pretreatment Standards or Requirements. A user may not contribute the following substances to any POTW:
(1) 
Any liquids, 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 injury in any other way to the POTW or to the operation of the POTW. 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. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides, sulfides and any other substances which the village, state or EPA has notified the user is a fire hazard or hazard to the system.
(2) 
Solid or viscous substances, such as, but 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, paper dishes, cups, milk containers, etc., in quantities or of sizes capable of impairing the hydraulic capacity of the sewer or other interferences with the operation of the POTW.
(3) 
Any waters or wastes having a pH lower than 5.5 or higher than 9.0, or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewerage works.
(4) 
Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance or create a hazard in the receiving waters of the sewage treatment plant.
(5) 
Any liquid or vapor having a temperature higher than 150° F. (65° C.), or in such quantities that the temperature at the treatment works influent exceeds 40° C. (104° F.), unless the works is designated to accommodate such heat.
H. 
Discharge drainage from washstands of public or private garages, automobile washing stations, cleaning or dyeing works, laundries or similar establishments where gasoline, oils or flammable materials are used or stored, unless such is equipped with an oil separator of approved size and design. Such separator shall be constructed of cast iron throughout and installed in a concrete pit or vault easily accessible for cleaning, maintenance and inspection.
I. 
Throw or deposit or cause or allow to be thrown or deposited in any fixture, vessel, receptacle, inlet or opening directly connected with any public sewer, any garbage which has not been properly shredded or ground and flushed with an ample quantity of water. Use of mechanical garbage grinders producing a finely divided mass properly flushed with an ample quantity of water, is permitted under this Part 2. Garbage grinders shall not be used for disposal of:
(1) 
Plastic, paper products, inert materials or garden refuse.
(2) 
Wastes generated in preparation of food not normally consumed on the premises.
J. 
Allow any building sewer connected with the public sewer to be also connected with any privy vault, septic tank, cesspool or underground drain or with any channel conveying water or filth, except such soil pipes and other plumbing work as shall have been duly inspected and approved by the Sewer Inspector.
K. 
Except as otherwise provided herein, throw or deposit, or cause or allow to be thrown or deposited, in any fixture, vessel, receptacle, inlet or opening connected with any public sewer, any ashes, cinders, rags, mud, straw, metal, hair, fleshings or similar waste material, dead animals or waste material of any kind or character (other than feces, urine, toilet paper, liquid house slops, or properly ground table garbage) or any other solid or viscous substances capable of causing obstruction to the flow in the sewers or other interference with proper operation of the sewerage system, or any other substances which will solidify or become discernibly viscous at temperatures between 32° F. and 150° F.
L. 
Discharge or cause to be discharged into any public sewer any storm- or surface water, groundwater, subsurface drainage or drainage or flow from roofs, cellars, cistern tanks, springs, wells, swimming pools or, except as may be permitted by the Municipal Board, any discharge from a vehicle wash rack or wash motor, or from any air-conditioning machine or refrigeration unit; cooling water or unpolluted industrial process waters.
A. 
The Town Board, at any time in its discretion, may stop and prevent discharge into sewers of any substance which it considers may injure the sewers or interfere with their normal operation, or obstruct the flow or hinder any process of wastewater treatment; and may sever the connection and cause the removal of any tributary sewer or drain through which such detrimental substances are discharged.
B. 
No action shall be taken by the town to implement the foregoing provisions, unless the town shall have given the owner at least 48 hours notice, in writing, stating the action to be taken and the grounds therefor, except that such notice shall not be required if immediate action is necessary to prevent injury to the town sanitary sewerage system, or any part thereof.
Where a public sanitary sewer is not available or accessible, the building sewer shall be connected to a private sewage disposal system complying with the provisions of all applicable town laws and the recommended installation requirements of the New York State Department of Environmental Conservation, until such time as a public sanitary sewer becomes available.
A. 
Before commencement of construction of a private sewage disposal system, the owner shall first obtain a permit signed by the Sewer Inspector. Application for such permit shall be made on a form furnished by the town, which form the applicant shall supplement with any plans, specifications and other information deemed necessary by the Town Board or Sewer Inspector.
B. 
A permit for a private sewage disposal system shall not become effective until installation is completed to the satisfaction of the Sewer Inspector. He shall be allowed to inspect the work at any stage of construction, and, in any event, the applicant for the permit shall notify the Sewer Inspector when the work is ready for final inspection before any underground portions are covered. The inspection shall be made within 48 hours of receipt of notice by the Sewer Inspector, or as soon thereafter as practical.
Each building in the area served by a public sewer must be connected separately and independently with the sewer through the house or building branch connection directly opposite the building or nearest in the downstream direction. Grouping of buildings on one house sewer will not be permitted, except by special permission from the Town Board and then only for good reason.
A. 
No house or building sewer connecting any property with the town sewer shall be of an internal diameter less than four inches.
B. 
Every building sewer connecting with town sewers shall be cast iron (ASTM Specification A-74, or equal), vitrified earthenware, asbestos-cement house connection pipe, acrylonitrile-butadiene-styrene (ABS), polyvinyl chloride (PVC) or other suitable material approved by the Sewer Inspector. Cast-iron pipe only shall be used where, in the opinion of the Sewer Inspector, conditions require its use. Copper pipe may be used only inside a dwelling.
C. 
All pipe must be solidly laid to true grade and in straight a line as nearly as possible. All changes in direction must be made with properly curved pipe or fittings.
(1) 
No earthenware pipe shall be laid at a depth less than 36 inches. Pipe laid at a lesser depth must be cast iron or such grade as required by the Sewer Inspector, but shall be at least medium-heavy cast iron if under a roadway.
(2) 
All pipe must be covered to a depth of at least one foot with fine earth, entirely free from stones and rubbish, and well and carefully compacted.
(3) 
No building or house sewer connection with the town sewer shall be laid at a grade of less than one inch fall in four feet without a written permit signed by the Sewer Inspector and specifying the minimum grade that will be permitted. In removing plugs from existing wye or tee branches in the town sewer and connecting the same, due care shall be exercised to prevent any debris from entering the town sewer.
(4) 
In rock excavation, where rock is found in the bottom of the trench, it shall be taken out at least four inches below the bottom of the pipe and the space filled with sand, gravel or other suitable material, thoroughly compacted. No blasting shall be done within five feet of public or private sewers, and utmost care shall be taken to prevent injury thereto.
D. 
All earthenware pipe and specials must be of the best quality, cylindrical, hard, bell and spigot pattern in conformance with the latest ASTM specifications and vitrified throughout. All bells must be of sufficient diameter to receive the full length of the spigot and of the next following pipe or special without any chipping whatever of either and also leave sufficient space for bituminous jointing.
E. 
All cast-iron pipe and specials must be sound, cylindrical and smooth internally, free from cracks, sandholes or other defects, of uniform thickness and of the grade known commercially as "medium" or "extra heavy."
F. 
All asbestos-cement pipe must conform to the latest ASTM specifications for asbestos-cement sewer pipe for house laterals and such other specifications as approved by the Town Board.
G. 
Acrylonitrile-butadiene-styrene (ABS) solid wall sewer service pipe shall be in conformance with ASTM Specification D-2751, with an SDR Classification of 23.5. Pipe shall be designated for solvent welded joints.
H. 
Polyvinyl chloride (PVC) sewer service pipe shall be in conformance with ASTM Specification D-3034. Pipe shall be designed for rubber compression gasket joints meeting ASTM Specification D-3212.
I. 
Joints for building laterals:
(1) 
Joints shall be gas- and watertight.
(2) 
The greatest care must be taken to prevent entrance of dirt or sand into any sewer pipe or connection. All joints for vitrified pipe shall be made with a narrow gasket of dry hemp or jute long enough to go around the pipe and thick enough to hold the pipe securely in its relative position so inverts are on a line. The gasket shall be carefully inserted between the bell and spigot and well caulked with suitable hardwood or metal tools. The remainder of the joint shall be filled with an approved bituminous mixture.
(3) 
The compound used shall be approved by the Sewer Inspector and of a type which will not be affected by sewage or alkaline or acid solutions. The compound shall not run at a temperature below 200° F. and shall have sufficient ductility at 32° F. The compound shall be heated in a gasoline or other suitable furnace to a temperature slightly above that at which it can be poured rapidly and smoothly and shall be kept at this temperature until used. After the pipe joint has been caulked, the melted compound shall be poured into the joints with the aid of a joint runner or gasket in the same manner that lead joints are poured. The pouring vessel shall be large enough to make one joint in a single pouring. Depth of the compound shall be not less than 3/4 inch. In case the pipe joint is not completely filled, the unfilled part of the joint shall be poured again with hot material to form a complete, watertight joint.
(4) 
Factory-fabricated joint materials having resilient properties meeting latest ASTM Specification C-426, Types I, II or III, may also be used.
(5) 
Cast-iron pipe shall be joined with first-quality lead or jointing compound approved by the Sewer Inspector. The entire joint shall be filled in one pour and thoroughly caulked. If lead is used, each joint in four-inch cast-iron pipe shall be poured with five pounds of lead. In all cases, the trench must be kept dry during pipelaying.
(6) 
ABS pipe shall be joined by solvent welding in accordance with the manufacturer's installation instructions. Finished joints shall be watertight and structurally equal to the pipe itself in tensile strength.
(7) 
PVC pipe shall be joined by rubber compression ring gaskets, using appropriate lubricants to prevent displacement or damage during installation. When completed, joints shall be capable of withstanding an internal hydraulic pressure of 25 feet of water, and internal vacuum of 22 inches of mercury, without leakage. Joints shall conform to ASTM Specification D-3212.
J. 
Use of existing building sewers. Building sewers which are in existence at the time of adoption of this Part 2 may continue to be used from the building to the point of connection with the municipal sewer providing the Sewer Inspector determines they are in good condition and otherwise satisfactory to carry domestic sewage and industrial wastes without leakage; and provided, further, that they are used only until such time as the Sewer Inspector may require their replacement by new building sewers which shall be constructed in accordance with and within the time limitation required by this Part 2.
K. 
The foregoing requirements may be modified or added to as the Sewer Inspector, in the exercise of reasonable judgment, may determine.
No structure shall be connected to the sanitary sewer system unless there is a soil line extended to a point above the roof and properly vented, or otherwise vented in a manner approved by the Sewer Inspector. In existing public or private buildings, dwellings or stores not properly vented, and on all new construction, a running trap with double hub vent is required and shall be installed in a manner approved by the Sewer Inspector. Grease traps shall be installed where the Town Board or its duly authorized agent may direct. Grease traps must be kept clean at all times at the owner's expense.
A. 
Building or house sewer pipe shall not be located closer than 25 feet to a water supply well except by special permission of the Sewer Inspector, and then only for good cause and in accordance with the specific requirements of the Sewer Inspector for sewer installation.
B. 
Building or house sewer pipe within 25 feet to 50 feet of a water supply well shall be constructed of cast-iron soil pipe or PVC sewer pipe not less than 10 feet long. Pipe joints shall be rubber gasket type, properly assembled and watertight.
C. 
Building or house sewer pipe within 25 feet of a water supply well as permitted by the Sewer Inspector shall be cast-iron or ductile-iron water main type pipe with waterproof joints of a type approved by the Sewer Inspector. Pipe joints shall be located as distant from water supply wells as possible.
A. 
No person shall make any connection with or opening to any town or public sewer or construct, alter, repair or use any drain or house sewer or other lateral sewer to connect with such public sewer without first obtaining a written permit from the Sewer Inspector. Before any such permit is obtained, an application for the issuance of said building permit shall be filed with the town on such forms as may be supplied. The application shall be signed by an authorized drainlayer and the owner or lessee of the property or his duly authorized agent and shall include or be accompanied by a description and plan of the proposed work and such other pertinent information as may be required by the Sewer Inspector. The application shall be accompanied by a permit fee, the amount of which shall be fixed by the Town Board. Such permit shall be kept at the site of the work and be available for inspection by an officer of the town or member of the Town Board or its duly authorized agent or agents.
B. 
The Sewer Inspector shall be notified at least 24 hours before the beginning of any work upon building sewers or connections. Such notice shall be in writing and shall state the time of commencement of such work. No trench shall be filled or any part of pipe or fittings covered until notice has been given to the Sewer Inspector that the work is ready for inspection and such inspection has been made. Every such inspection shall be made as soon as practicable after receipt of notice by the Sewer Inspector, who shall have the power to apply proper tests to the pipe or fittings. The owner, contractor or other person doing the work shall furnish all necessary tools and labor for such tests and shall remove any defective material or repair any work improperly done as the Sewer Inspector shall direct, without expense to the town.
C. 
No sewer connection branch shall be opened or pipe laid and no joints made except under the inspection of the Sewer Inspector or his duly authorized representative. All work of laying building sewers and connections shall be done in such manner and at such times as to interfere as little as possible with public travel and convenience, and the drainlayer shall conduct his work as the Sewer Inspector may from time to time direct.
D. 
No permit granted by the Sewer Inspector shall be construed to permit any interference with or disturbance of any state or county or town highway pavement or any excavation in any road, street or public place, unless the permit shall expressly so provide.
E. 
No permit shall be granted for such interference or disturbance of said payment or for excavation for sewer purposes in any public street or public place unless the applicant or drainlayer shall first have obtained from the State or County Highway Department or Town Superintendent, as the case may be, a permit therefor in accordance with requirements of the highway department having jurisdiction. The applicant shall provide such liability insurance as may be required before such permit is issued. Any permit fee, bonding or other expense in connection with issuance of a permit for opening any street or pavement shall be paid by the applicant or drainlayer. No permit shall be deemed to authorize anything not stated in the application therefor. The permittee or his duly authorized representative shall guard, barricade and light all excavations and restore all public property in a manner satisfactory to the town.
The Sewer Inspector and other duly authorized employees of the town shall be permitted, with proper credentials and identification, to enter on any property at reasonable hours for the purpose of inspecting, measuring, sampling, testing, repairing, disconnecting or for any purpose reasonably necessary to carry out and enforce the provisions of this Part 2.
A. 
Any person, firm or corporation which violates or fails to comply with any provision of this Part 2 shall, upon conviction, be fined in an amount not more than $250 or imprisoned for not more than 15 days, or both. Each day on which any such violation or failure shall continue shall be deemed a separate offense. The foregoing shall not be construed to exempt an offender from any other liability imposed on him under this Part 2 or from any other prosecution or penalty imposed by law.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or otherwise tamper with any structure, appurtenance or equipment which is a part of the town sewer system. Violation of any provision of this section shall be deemed disorderly conduct.
C. 
Any person violating any provision of this Part 2 or who shall maliciously, willfully or negligently break, damage, destroy or, without proper authority, uncover, deface or tamper with any structure, pipe, appurtenance or equipment which is a part of the town sewer system, shall be liable to the town for any expense, loss or damage occasioned to the town thereby and shall forfeit double the amount of any such loss, damage or expense as a penalty.
Any property owner who believes that connection to the town sewer system will cause him undue hardship or if he believes that such connection is impossible to accomplish for geographical or topographical reasons may request of the Town Board a waiver of compliance from the provisions of this Part 2, either in whole or in part. Any such application must be made, in writing, within 30 days of delivery of the notice to connect the property to the town sewer system as provided in § 146-21 above. Such notice shall be signed by the property owner or his duly authorized agent and delivered to the office of the Town Clerk within the aforesaid thirty-day period. Upon receipt of said notice and within 30 days thereafter, the Town Board shall consider said application and may, at it sole option, request the property owner to appear at a meeting before the Board to answer questions concerning his application or furnish such additional information as he may wish. Thereafter, and within 60 days of the receipt of said application, the Town Board shall make its decision on said application. The decision of the Town Board shall be in writing and mailed to the property owner at the address furnished in the application. If the application for a waiver is denied, the applicant must connect to the town sewer system in accordance with the provisions of the article within 60 days of the delivery of such decision. The Town Board may, however, at its option, extend such sixty-day period as it deems appropriate under the circumstances. If the application is granted, the Town Board, in its decision, shall advise the applicant in particular which sections of this Part 2 have been waived. Compliance with all other sections of this Part 2, unless specifically waived, shall be required.
Persons or occupants of premises where wastewater is produced or discharged shall allow the town or its representative ready access at all times to all parts of the premises for the purpose of inspection or sampling or in the performance of any of their duties. The town shall have the right to set up on the user's property such devices as are necessary to conduct sampling or metering operations. The town may at reasonable times have access to and copy any records, inspect any monitoring equipment or method required by the town's 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 their security guards so that, upon presentation of suitable identification, personnel from the town will be permitted to enter without delay.
Any direct or indirect connection or entry point for persistent or deleterious wastes to the user's plumbing or drainage system should be eliminated. Where such action is impractical or unreasonable, the user shall approximately label such entry points to warn against discharge of such wastes in violation of this Part 2.
Any person who knowingly makes any false statements, representation, record, report, plan or other documentation filed with the town or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this Part 2 shall be considered in violation of this Part 2 and shall be subject to all penalties provided for herein.
The town is also authorized to issue an order to cease and desist and direct those persons not complying with such prohibitions, limits, requirements or provisions of the article or the wastewater discharge permit to:
A. 
Comply forthwith;
B. 
Comply in accordance with a time schedule set forth by the town; or
C. 
Take appropriate remedial or preventive action in the event of a threatened violation.
To the extent applicable, all sections of Article II of this Part 2 shall apply, with the following revisions and additions thereto.
It shall be unlawful for any person and/or commercial, industrial or business concern (herein called "contributor") to discharge any industrial wastes into any section of the town sewers except where treatment has been provided before discharge, in a manner and to a degree satisfactory to the Town Board, or where discharge is in accordance with subsequent provisions of this Part 2.
All costs of constructing, operating and/or maintaining pretreatment facilities, as mentioned in subsequent provisions of this Part 2, shall be borne by the contributor.
A. 
Wastewater originating from any industrial or commercial operation shall not be discharged into the sanitary sewer without a valid permit issued by the town for such discharge.
B. 
The permit will be issued for a three-year period and must be periodically renewed. The permit will identify the quality and quantity of waste that may be discharged. The permit may not be transferred or reassigned. The permit holder shall apply for a permit modification if the quantity or quality of the discharge will change from that specified in the permit.
C. 
The permit may be revoked by the town for any of the following reasons:
(1) 
Discharge is not in compliance with permit limits.
(2) 
Noncompliance with sewer use legislation in effect.
(3) 
Nonpayment of sewer bills.
D. 
Permit applications shall list the volume and type of waste-producing activity and shall define the quantity and quality of wastewater to be discharged. The permit holder shall be subject to all sections of this Part 2 and to applicable federal and state water pollution control rules and regulations.
No industrial sewage shall be admitted to the town sewer system which will interfere with or damage the sewerage system or contravene the classification and standards for quality and purity assigned to fresh surface waters by the New York State Department of Environmental Conservation, latest revision thereof. Also, no industrial wastes shall cause or occasion the town to violate stream standards through direct discharge into the receiving stream without treatment.
It shall be unlawful, except by special permission of the Town Board, to construct or maintain any septic tank, cesspool or other facility intended or used for the disposal or treatment of industrial wastes.
The owner of any building or property used for occupancy, employment or other purposes, situated within the town and abutting on any street, alley or right-of-way in which there is now or may be in the future a public sewer is hereby required, at his own expense, to install suitable pretreatment facilities, if such pretreatment of wastes is deemed by the town to be required, and to connect with the town sewer system in accordance with the provisions of this Part 2 within 90 days after date of official notice to do so.
Each significant industrial user shall construct or otherwise have available a sampling point for sampling wastewater before it enters the town sewer system. This sampling point shall be a suitable structure, together with such necessary meters and other appurtenances to the building sewer to facilitate observation, sampling and measurement of the wastes. Such structure shall be accessibly and safely located and constructed in accordance with plans approved by the town. The structure shall be installed by the applicant, at his expense, and shall be maintained by him so as to be safe and accessible at all times. All references herein limiting the characteristics of industrial wastes shall apply at this structure.
Where, in the opinion of the Town Board, wastes having a detrimental effect upon either the town sewer system or the receiving stream shall be completely excluded from the sewerage system, in forming their opinion as to the acceptability of these wastes, the Town Board will consider such factors as quantities of detrimental wastes in relation to flows and velocities in sewers, materials of construction of the sewers, nature of the wastewater treatment process, capacity of the wastewater treatment plant, degree of treatability of the wastes, and other pertinent factors. Among inadmissible wastes are:
A. 
Gasoline, cleaning solvents, fuel, oil or other flammable or explosive liquid, solid or gas.
B. 
Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance or create any hazard in receiving waters of the wastewater treatment plant.
C. 
Solid or viscous substances in quantities or sizes capable of causing obstruction to flow in sewers or other interferences with proper operation of sewage works, such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics and wood; unground garbage; whole blood, paunch manure, hair and fleshings and entrails; and paper dishes, cups and milk containers, either whole or ground by garbage grinders.
D. 
Any waters or wastes having a pH lower than 5.5 or greater than 9.0, or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewerage works.
E. 
Any waters or wastes containing 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.
F. 
Any waters or wastes containing phenols or other taste- or odor-producing substances, in concentrations exceeding limits which may be established by the Sewer Inspector as necessary, after treatment of the composite sewage, to meet requirements of the state, federal or other public agencies of jurisdiction for such discharge to the receiving waters.
G. 
Any discoloration, such as, but not limited to, dyes, inks and vegetable tanning solutions or any other condition in the quality of treatment works effluent in such a manner that receiving water quality requirements established by law cannot be met.
H. 
Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by applicable local, state or federal regulations.
I. 
Any noxious or malodorous liquids, gases or solids which, singly or by interaction with other wastes, are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for their maintenance and repair.
J. 
Any substance which may cause the POTW's effluent or any other product of the POTW, such as residues, sludges or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process where the POTW is pursuing a reuse and reclamation program. In no case, shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under § 405 of the Act, any criteria, guidelines or regulations affecting sludge use or disposal development pursuant to the Solid Waste Disposal Act, the Clean Air Act or the Toxic Substances Control Act or state criteria applicable to the sludge management method being used.
K. 
Unusual volume of flow or concentration of wastes constituting slugs, as defined herein.
Any wastes with characteristics which may be detrimental to either the sewerage system or the receiving stream, as determined by the Board, shall be pretreated by the contributor. Method of pretreatment shall be approved by the Town Board.
Extreme variation in the discharge rate may be a limiting factor in the handling of industrial wastes. Maximum discharge rates shall be established by the Town Board for each point of connection subject to revision as conditions require.
It shall be unlawful for any contributor to discharge heated wastes having a temperature in excess of 150° F. or in such quantities that the temperature at the treatment works influent exceeds 40° C. (104° F.), unless the works is designated to accommodate such heat. This limit shall be less if, in the discretion of the Town Board, production of hydrogen sulfide is of significance.
All volatile oils with a flash point lower than 187° F. shall be completely removed from the wastes before discharge into the town sewer system. Contributors required to pretreat for control of oil and grease shall install and maintain a grease removal facility conforming to specifications provided by the Town Board, including type, capacity and location.
Industrial waste from any contributor which is so acid or alkaline as to be detrimental to the town sewer system and/or outfall sewer, and which shall cause the composite industrial wastes to contravene the standards for the receiving stream as established by New York State, shall not be acceptable. Correction of the objectionable pH condition shall be accomplished by pretreatment before discharge to the town sewer system.
Solids, liquids and/or gases which are toxic or may become toxic due to characteristics of the sewage in the system, to the extent of contravening prevailing official New York State classifications and standards of the receiving stream, shall not be acceptable. Evaluation of the constituent which could create toxicity shall be determined by the Town Board. Correction shall be provided by the contributor as deemed necessary by the Town Board.
Deleterious substances, colored or other wastes or heated liquids, along or in combination with any or all wastes from outlets of one or several contributors combined, which are sufficient in quantity, or at temperatures which will render the discharge into the receiving stream unacceptable under New York State classifications and standards, shall not be discharged into the town sewer system.
Polluting organic or inorganic solids, dissolved or suspended, from any contributor, and having a high specific gravity, and in concentrations which interfere with flows within the town sewerage system and/or exceed limits established by the New York State Department of Environmental Conservation, shall not be discharged to the town sewer system.
Industrial wastes from any one contributor shall be kept within limits so as not to cause the town sewer system to contravene prevailing New York State classifications and standards of the receiving stream.
No person shall discharge or cause to be discharged any waters or wastes containing a toxic or poisonous substance, a high chlorine demand or suspended solids in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals or create any hazard in the receiving waters or effluent of the town sewage treatment plant or to exceed the limitation set forth in a categorical pretreatment standard. Such toxic substances shall be limited to the average concentrations in the sewage as listed hereinafter and shall include, but not be limited to, any pollutants identified pursuant to § 307(A) of the Act. If concentrations listed are exceeded, individual establishments will be subject to control in volume and concentration by the Town Board.
Effluent Concentration Limits
(mg/l)
Parameter
30-Day Average
24-Hour Average
Cadmium
0.4
0.8
Hex. chromium
0.2
0.4
Total chromium
4.0
8.0
Copper
0.8
1.6
Lead
0.2
0.4
Mercury
0.2
0.4
Nickel
4.0
8.0
Zinc
1.2
2.4
Arsenic
0.2
0.4
Available chlorine
50.0
50.0
Cyanide-free
0.4
0.8
Cyanide-complex
1.6
3.2
Selenium
0.2
0.4
Sulfide
6.0
12.0
Barium
4.0
8.0
Manganese
4.0
8.0
Gold
0.2
0.4
Silver
0.2
0.4
Fluorides:
To fresh water
4.0*
8.0*
To saline water
36.0
72.0
Phenol
4.0
8.0
NOTES:
*May be multiplied by a factor of 1.5 if the municipal water supply is not fluoridated.
Detailed plans showing facilities and operating procedures to provide protection from accidental discharge of prohibited materials or other wastes from significant contributing industries shall be submitted to the town for review and shall be acceptable to the town before construction of the facilities.
An industrial user shall notify the town immediately upon accidentally discharging wastes in violation of this Part 2. This notification shall be followed, within 15 days of the date of occurrence, by a detailed written statement describing the causes of the accidental discharge and measures being taken to prevent future occurrence. Such notification shall not relieve users of liability for any expense, loss or damage to the sewer system, treatment plant or treatment process or for any fines imposed on the town under applicable state and federal regulations.
A notice shall be furnished and permanently posted on the industrial user's bulletin board advising employees whom to call in case of an accidental discharge in violation of this Part 2. Also, copies of this Part 2 shall be made available to user's employees.
When pretreatment regulations are adopted by USEPA or NYSDEC for any industry, that industry must immediately conform to the USEPA or NYSDEC timetable for adherence to federal or state pretreatment requirements and any other applicable requirements promulgated by USEPA or NYSDEC in accordance with § 307 the Act. Additionally, such industries shall comply with any more stringent standards necessitated by local conditions as determined by the town.
No user shall ever increase the use of process water, or in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the Federal Categorical Pretreatment Standards, or in any other pollutant specific limitation developed by the town or state, unless authorized by state or federal regulations.