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Village of Scottsville, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Scottsville 11-2-1970 as Ch. 12, Art. III, of the 1970 Code of Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Flood damage prevention — See Ch. 90.
Solid waste — See Ch. 137.
Subdivision of land — See Ch. 145.
This chapter shall be known as the "Sewer Use Ordinance."
Unless the context specifically indicates otherwise, the meanings of terms used in this chapter shall be as follows:
(DENOTING "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 milligrams per liter (mg/l).
BUILDING DRAIN
That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of any building and conveys it to the building or house lateral, beginning four feet outside the building wall.
GARBAGE
Solid wastes from the preparation, cooking and dispensing of food and from the handling, storage and sale of produce.
HOUSE LATERAL OR BUILDING LATERAL
The pipeline extending from the building drain to the public sewer or other places of disposal.
INDUSTRIAL WASTES
The liquid wastes from industrial processes as distinct from sanitary sewage.
NOTICE
Forty-eight hours' written notice.
OWNER
Any person having title to or any interest in real property in the village and/or any drainage district in the village drainage basin that may be serviced by the village system.
PH
The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
PROPERLY SHREDDED GARBAGE
The wastes from the preparation, cooking and dispensing of food that have been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch in any dimension.
PUBLIC SEWER
A sewer controlled by the village.
SANITARY SEWER
A sewer which carries sewage and to which stormwater, surface water and groundwater are not intentionally admitted.
SEWAGE
A combination of the water-carried waste from residences, business buildings, institutions, industrial establishments or other places.
SEWAGE TREATMENT PLANT
Any arrangement of devices, buildings and structures owned by the village for the proper treatment of sewage.
SEWER
A pipe or conduit for carrying sewage.
SEWER SYSTEM
All facilities for the collection, pumping, treatment and disposal of sewage, industrial or other waste owned and operated or maintained by the village.
STORM SEWER OR STORM DRAIN
A sewer which carries stormwater and surface water and drainage, but excludes sewage and polluted industrial wastes.
SUPERINTENDENT OF PUBLIC WORKS
The person in charge of the sewer system of the village.
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 purpose of this chapter is to protect the sewage collection and treatment facilities of the village by controlling the quantity, quality and manner of discharge of sewage in the sanitary system of property therein to whom the system is available.
The sanitary sewer system of the village consists of lateral and trunk sewers laid in streets and rights-of-way and a sewage treatment plant, the location of which are shown upon plans and drawings filed in the office of the Village Clerk, and all other appurtenances which are used in whole or in part in connection with the collection, dumping, treatment and disposal of sewage, industrial wastes and other wastes and all extensions, additions and improvements which may be made to such system. Its purpose is to provide for the collection and treatment of domestic sewage and such industrial wastes as are permitted by this chapter, in order to promote the health, safety and general welfare of the residents of the village.
The owner of any residence, building or property used for human occupancy, employment, recreation, commerce, manufacturing or other purpose situated in the village and abutting on any street, alley, easement or right-of-way in which there is a public sewer line or to which there is otherwise available or accessible a public sewer line is hereby required at his or her expense to connect such residence, building or property directly with the public sewer and to install suitable toilet facilities therein, within 30 days after official notice to do so.
A. 
No sewer connections shall be made in any area annexed to the village after January 1, 1958, and no plot or subdivision shall be approved, unless and until a fee, in an amount set forth from time to time by resolution of the Board of Trustees, has been paid to the village.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
No sewer connections shall be made in any other area where taxes have been until then assessed on unsubdivided land unless it is a separate lot fronting on now existing facilities, and no plot or subdivision shall be approved, unless and until a fee, in an amount set forth from time to time by resolution of the Board of Trustees, has been paid to the village.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
It is expressly intended that the above provisions are an entrance fee and do not affect existing or future connection charges.
D. 
The village is not obligated to accept the entrance charges prescribed in this section or for a plot to be approved merely by the tendering of the entrance charges.
It shall be unlawful for any person to place, deposit or permit to be deposited, upon public or private property within the village, any human excrement, garbage or other objectionable wastes.
A. 
It shall be unlawful for any person to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended for use for the disposal of sewage within the village except as provided in Subsection B.
B. 
Where the Superintendent of Public Works certifies that the village sewer system is not available, an owner may employ a private sewage disposal system. The type, capacity, location and construction of such private sewage disposal system shall comply with all requirements of the County Health Department. This includes any temporary installation such as construction projects, carnivals, etc. A certificate will be required from the Superintendent of Public Works not to exceed 30 days. It may be renewable at his or her discretion.
A. 
It shall be unlawful for any person to discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, cooling water, impounded water or unpolluted industrial process waters to any sanitary sewer or public sewer.
B. 
Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers or to a natural outlet approved by the Superintendent of Public Works. Industrial cooling water or other unpolluted process waters may be discharged to a storm sewer or natural outlet upon approval of the Superintendent of Public Works.
C. 
Except as provided in this chapter, it shall be unlawful for any person to discharge or cause to be discharged any of the following described waters or wastes to any public sewer:
(1) 
Any liquid or vapor having a temperature lower than 32° F. or higher than 150° F.
(2) 
Any water or waste which may contain more than 100 milligrams per liter of fats, oils or greases.
(3) 
Any gasoline, benzene, naphtha, fuel oil or other inflammable or explosive liquid, solid or gas.
(4) 
Any garbage that has not been properly shredded.
(5) 
Any ashes, cinders, sand, mud, straw, shavings, animal wastes, metal, glass, rags, feathers, tar, plastics, wood, manure or any other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewerage works in the opinion of the Superintendent of Public Works.
(6) 
Any waters or wastes having a pH lower than 5.5 or higher than 9.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewerage works, in the opinion of the Superintendent of Public Works.
(7) 
Any water or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process or to constitute a hazard to humans or animals or to create any hazard in the receiving waters of the sewage treatment plant.
(8) 
Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant, in the opinion of the Superintendent of Public Works.
(9) 
Any noxious or malodorous gas or substance capable of creating a public nuisance.
Grease, oil and sand interceptors shall be provided by the owner when, in the opinion of the Superintendent of Public Works, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any inflammable wastes, sand, grit or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Superintendent of Public Works and shall be located so as to be readily and easily accessible for cleaning and inspection. Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature and shall be of substantial construction, watertight and equipped with easily removable covers which, when bolted in place, shall be gastight and watertight. Where installed, all grease, oil and sand interceptors shall be maintained by the owner at his or her expense, in continuously efficient operation at all times.
A. 
The admission into the public sewers of any waters or wastes having a five-day biochemical oxygen demand greater than 300 milligrams per liter, containing more than 350 milligrams per liter of suspended solids, containing any quantity of substances having the characteristics described in § 131-9C or having an average daily flow greater than 2% of the average daily sewage flow of the village shall be subject to the review and the approval of the Board of Trustees of the village.
B. 
Where necessary, in the opinion of the Board of Trustees of the village, the owner shall provide, at his or her expense, such pretreatment as may be necessary to reduce the biochemical oxygen demand to 300 milligrams per liter and the suspended solids to 350 milligrams per liter, reduce objectionable characteristics of constituents to within the maximum limits provided for in this chapter or control the quantities and rates of discharge of such waters or wastes. Plans, specifications and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the Board of Trustees of the village, and no construction of such facilities shall be commenced until such approval is granted, in writing. Where preliminary treatment facilities are required for any waters and wastes, the permit for connection to the sewerage system will be voided unless such pretreatment units, when placed in operation, have demonstrated their effectiveness by test. The cost of such testing, sampling and analyzing shall be borne by the waste contributor. Such preliminary treatment facility shall be maintained continuously and satisfactory in effective operation by the owner at his or her expense.
When required by the Superintendent of Public Works, the owner of any property served by a house lateral carrying commercial-industrial wastes shall install a suitable control manhole in the lateral to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be conveniently and safely located and shall be constructed in accordance with plans approved by the Superintendent of Public Works. The manhole shall be installed by the owner at his or her expense and shall be maintained by him or her so as to be safe and accessible at all times.
All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in §§ 131-9C and 131-11 shall be determined in accordance with standard methods for the examination of water and sewage and may be determined at the control manhole provided for in § 131-12 or upon suitable samples taken at such manhole. In the event that no special manhole has been required, the control manhole may be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Any analyses required by the Superintendent of Public Works pursuant to the provisions of this chapter may be performed at the sewage treatment plant or at such laboratory as may be designated by the Superintendent of Public Works. If the latter, the cost of these analyses shall be borne by the owner.
No statement contained in this chapter shall be construed as preventing any special arrangement or agreement between the Board of Trustees of the village and any industrial, commercial or other owner from whose premises commercial-industrial or domestic wastes emanates which is of unusual strength or character, allowing such waste to be accepted by the Board of Trustees of the village for treatment subject to payment therefor by such owner.
It shall be unlawful for any person to enter into, open, connect with, use or do any repair or maintenance work with respect to the sewer system except under the inspection and direction of the Superintendent of Public Works and without first obtaining a written permit from the Superintendent of Public Works.
There shall be two classes of building sewer permits: for residential and commercial uses and for use by establishments producing industrial wastes. In either case, the owner or his or her agent shall make application on a special form furnished by the village. The permit application shall be supplemented by such plans, specifications and other information considered pertinent and requested by the Superintendent of Public Works. A permit and inspection fee, in an amount set forth from time to time by resolution of the Board of Trustees, shall be paid to the Village Clerk at the time the application is filed.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The owner, before a permit is issued under this chapter, shall agree to indemnify the village from any loss or damage that may directly or indirectly be occasioned by the installation of the house lateral or its connection to the sewer system.
All costs and expense incident to the installation and connection of the building drain and house lateral shall be borne by the owner. The owner shall also be liable for the initial cost of installation and continued maintenance of the house lateral from the building to the Y-connection, where provided in the sewer system or directly to the sewer line where no Y-connection has been provided.
All excavations for building sewer installations 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 the work shall be restored in a manner satisfactory to the village.
A. 
A separate and independent house lateral shall be provided for every building. Existing private sewer lines or laterals not passing through a septic tank may be used when they are found on examination by the Superintendent of Public Works to be satisfactory and to meet all other requirements of this chapter. Abandoned septic tanks, cesspools, laterals and other private sewage disposal facilities shall be removed or filled with suitable materials.
B. 
House laterals shall be cement asbestos Class 2400 (transite or equal) or extra-heavy cast-iron soil pipe and shall be surrounded by select earth compacted to at least a distance of one foot above the pipe. Cast-iron soil pipe, must be used for the building drain through the wall of any building and for at least four feet from the building to the connection of the building drain to the house lateral or building lateral.
C. 
The size and slope of the house lateral shall be subject to the approval of the Superintendent of Public Works, but in no event shall the internal diameter be less than four inches. The slope of such four-inch pipe shall be not less than 1/4 inch per foot except where unusual circumstances establish a proven hardship, in the opinion of the Superintendent of Public Works.
D. 
No house lateral shall be laid in a ditch paralleling a water- or gasline without four feet of such other lines, nor shall it be laid parallel to or within three feet of any bearing wall which might thereby be weakened. All house laterals shall be laid at uniform grade and in straight alignment insofar as possible, and changes in direction shall be made only with properly curved pipe and fittings. The depth thereof shall be sufficient to afford protection from frost.
E. 
In all buildings in which any building drain is too low to permit gravity flow to the sewer system, sanitary sewage carried by such drain shall be lifted by approved artificial means and discharged to the house laterals.
F. 
All excavations required for the installation of a house lateral shall be open trench work unless otherwise approved by the Superintendent of Public Works. Pipelaying and backfill shall be performed in accordance with the American Society for Testing and Materials Specification C-12, except that no backfill shall be placed until the work has been inspected by the Superintendent of Public Works. No house lateral shall be connected to the sanitary system unless the structure to be served shall have a soil line properly vented in a manner approved by the Building Inspector with such cleanouts along the house lateral as may be required by the Superintendent of Public Works.
The Superintendent of Public Works and other duly authorized employees of the village shall be permitted to enter upon any property at reasonable hours for the purpose of inspecting, measuring, sampling, testing, repairing or disconnecting or for any purpose reasonably necessary to carry out and enforce the provisions of this chapter.
The Board of Trustees of the village may, at any time, in its discretion, stop and prevent the discharge into the sewer system of any substance which it considers may injure the sewer system or interfere with its normal operation or obstruct the flow or hinder any process of sewage purification. The Village Board of Trustees may, in furtherance of this provision, sever the connection and cause the removal of any house lateral or building lateral through which such detrimental substances are being discharged or cause the water service to be discontinued, or both. No action shall be taken by the Village Board of Trustees to implement the foregoing provisions unless the village 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 sewer system or any part thereof.
A. 
The source of the revenue for construction, improving and maintaining a public sewer system, including retiring debt service, capital expenditures and operation, shall be a sewer service charge assigned to the owners of the property within the area served by the sanitary sewer system of the village.
B. 
The sewer service charge shall be based on a per unit of use basis, a unit being the equivalent of a single-family residence. The basic unit for any other dwelling is as follows:
(1) 
Business: one unit for each 50,000 gallons of water used based on recent usage.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
Business in a home: one unit for business and one unit for home.
(3) 
Schools: units based on a formula submitted by Lozier Engineers, Inc.
(4) 
Apartments. A house that is divided into apartments is assigned one unit for each apartment. An apartment is two or more rooms.
(5) 
Industrial units: units based on a formula submitted by Lozier Engineers, Inc.
(6) 
Rooming houses: one unit for each 50,000 gallons of water used based on recent usage.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Units outside the village limits will have the basic fee multiplied by two.
D. 
Business, schools, industry and rooming houses will be reviewed every three years.
E. 
The sewer charge shall be determined by the Village Board of Trustees on an annual basis. The village also reserves the right to change the basis for determining sewer rent charges.
F. 
In the event that a lot, parcel of land, building or premises of any kind discharges in the sewer system sewage or other wastes which, in the opinion of the Superintendent of Public Works, contains unduly higher concentration of any substance which adds to the operating or maintenance costs of the sewage disposal system, then the Board of Trustees of the village may elect to establish special rates of charge, based on the quantity of these substances, which rate of charge may be established in such manner as the Village Board of Trustees may elect, or it may elect to exclude such sewage or trade wastes from its facilities. It shall be the duty of the Superintendent of Public Works or other designated officials to make an annual survey to determine whether there is being discharged into the sewage disposal system sewage of the type designated in this chapter which adds to the cost of operation or maintenance of such system. Upon completion of such survey, the Superintendent of Public Works shall file a report of his or her findings with the Village Board of Trustees, together with his or her recommendations as to whether additional sewer rent charges should be levied for such sewage or other waste, and, if so, he or she shall set forth recommended charges for the same.
All revenue derived from the sewer rents imposed under this chapter, together with all penalties and interest thereon, shall be kept by the Village Treasurer in a separate fund to be known as the "sewer fund." Expenditures chargeable against such sewer fund shall be incurred only for such purposes for which such sewer fund has been established as hereinbefore provided. If in any year it appears that there will be a deficit in such fund, the Village Board of Trustees may make up such deficit by the levy, assessment and collection of general taxes.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
All sewer rent charges shall be levied by the village, on a quarterly basis and shall be due and payable at the office of the Village Treasurer on the first day of June, September, December and March of each year, except that if such day shall be a Sunday or public holiday, the installment shall be collected on the next business day.
B. 
Bills will be sent out to all users and shall be paid within 30 days. If not paid within 30 days, a future charge of 10% of the unpaid amount may be added thereto. The total thus obtained shall be the sewer rent charge in each such case.
C. 
In addition to the foregoing, such sewer rent charge shall constitute a lien against the real property benefited, and such lien is prior and superior to every other lien or claim except a lien of an existing tax, water charge or local assessment. Such unpaid sewer rent charges shall be certified by the Village Treasurer and an annual statement thereof filed on the first day of May with the Board of Trustees of the village, who shall then authorize and order such charges to be spread upon the tax rolls of the town and placed upon the real property tax bills for that year with interest and penalties.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
The basic sewer rent charge for the Village of Scottsville sanitary sewer system is $42 per unit per quarter, to which may be added the penalty as provided in Subsection B above.
[Added 9-13-1994 by L.L. No. 3-1994][2]
[2]
Editor's Note: Former Sec. 12-53, prohibiting vandalism to the sanitary sewer system, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Any person found to be violating any provision of this chapter, shall be served by the village with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
B. 
Any person who shall continue any violation beyond the period of time stated in such notice shall be guilty of an offense and, upon the conviction thereof, shall be punished as prescribed in Chapter 1, General Provisions, Article III, General Penalty.
C. 
In the alternative, upon violation of this chapter, the proper authorities of the village, in addition to other remedies, may institute any appropriate action or proceedings, including any injunction, to prevent such unlawful use, construction or maintenance of cesspools, septic tanks, sewage disposal systems, pipes or drains or to restrain, correct or abate such violation or to prevent the occupancy of any building, structure or land where such violations of this chapter are found.
D. 
Any person violating any of the provisions of this chapter shall become liable to the village for any expense, loss or damage occasioned by reason of such violations.
E. 
Upon violation of § 131-9 of this chapter, the Village Board may, in addition to other remedies, adopt a resolution doubling the sewer rent charges for those in violation of said section, for so long as the violation continues.
[Added 11-14-1995 by L.L. No. 2-1995]