Unless the context specifically indicates otherwise,
the meanings of terms used in this Article shall be as follows. "Shall"
is mandatory, "may" is permissive.
ADMINISTRATIVE BODY
The duly appointed administrative body of the Village of
Fort Plain or its authorized deputy or representative.
ASTM
American Society for Testing and Materials.
BIOCHEMICAL OXYGEN DEMAND (BOD)
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20ยฐ C., expressed in parts per million by weight.
BUILDER
Any person, persons or corporation who undertakes to construct,
either under contract or for resale, any habitable building.
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 the building and conveys it to the building sewer
beginning five feet outside the inner face of the building wall.
BUILDING SEWER
The extension from the building drain to the public sewer
or other place of disposal.
COMBINED SEWER
A sewer designed to receive both runoff and sewage.
[Added 3-18-1982 by L.L. No. 2-1982]
CONTAMINATION
An impairment in 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 the spread of disease.
CONTRACTOR
Any person, firm or corporation approved by the Village Board
to do work in the village.
DEVELOPER
Any person, persons or corporation who undertake to construct
simultaneously more than one housing unit on a given tract or land
subdivision.
ENGINEER
The professional engineer retained for the Village of Fort
Plain.
GARBAGE
Solid wastes from the preparation, cooking and dispensing
of food and from the handling, storage and sale of produce.
INDUSTRIAL USER
Any industrial 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 village's sewer system.
INDUSTRIAL WASTES
The liquid wastes from industrial processes as distinct from
sewage.
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake or other
body of surface or ground water.
NYSDEC
The New York State Department of Environmental Conservation
or other duly authorized official of said Department.
NYSDOT
New York State Department of Transportation.
OWNER
Any individual, firm, company, association, society, person
or group having title to real property.
PERSON
Any individual, firm, company, association, society, corporation
or group.
pH
The logarithm of the reciprocal of the concentration of hydrogen
ions in grams-ionic weights per liter of solution.
POLLUTION
Man-made or man-induced alteration of the chemical, physical,
biological or radiological integrity of water.
POTW TREATMENT PLANT
That portion of the municipal system which is designed to
provide treatment (including recycling and reclamation) wastes received
by the municipal system.
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 POTW. 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
The wastes from the preparation, cooking and dispensing of
food that has 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.
PROPERTY LINE
The curbline if the building sewer is to connect with the
public sewer in a public street. "Property line" shall mean the edge
of a sewer right-of-way in those instances where the building sewer
connects to the public sewer in a right-of-way.
PUBLICLY OWNED TREATMENT WORKS (POTW)
A treatment works as defined by Section 212 of the Act (33
U.S.C. ยงย 1292). This includes any sewers that convey wastewater
to the POTW but does not include pipes, sewers or other conveyances
not connected to a facility providing treatment.
PUBLIC SEWER
A sewer in which all owners of abutting properties have equal
rights and is controlled by public authority.
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 water as may be present.
SEWER
A pipe or conduit for carrying sewage.
SIGNIFICANT INDUSTRIAL USER
Any user who:
A.ย
Has a discharge flow of 25,000 gallons or more
per average work day;
B.ย
Has a flow greater than 5% of the flow in the
municipality's wastewater system;
C.ย
Has in his wastes toxic pollutants as defined
pursuant to Section 307 of the Act;
D.ย
Has been identified as one of the 21 industrial
categories pursuant to Section 307 of the Act; or
E.ย
Is found by the county to have significant impact,
either singly or in combination with other contributing industries,
on the treatment or collection system.
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 the waters
of the state.
STORM SEWER or STORM DRAIN
A pipe or conduit which carries storm- and surface waters
and drainage but excludes sewage and industrial wastes.
SUPERINTENDENT
The Superintendent of Public Works of the Village of Fort
Plain or his authorized deputy, agent or representative.
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.
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 Fort Plain, County of Montgomery, State of
New York.
WATERCOURSE
A channel in which a flow of water occurs either continuously
or intermittently.
The purposes of these rules and regulations
are specifically stated as follows:
A.ย To prohibit excessive volume and/or inordinate rates
of flow of sewage and wastes into the village system and all sewers
tributary thereto.
B.ย 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 sewerage maintenance
and operation personnel.
C.ย To prohibit the contribution of sewage, industrial
wastes or other wastes which may impair the hydraulic capacity, operation
of the intercepting sewers, force mains, pumping stations sewage regulators
and other structures and appurtenances of the village system and sewers
tributary thereto.
D.ย To prohibit the contribution of sewage, industrial
wastes or other wastes which may create operating difficulties at
the water pollution control plant as it now exists or may be constructed,
modified or improved in the future.
E.ย To prohibit and/or regulate the contribution of sewage,
industrial wastes or other wastes which require for treatment at the
plant greater expenditures than are required for equal volumes of
normal sewage.
F.ย To require the pretreatment or flow control, before
introduction into the village sewerage system or sewers tributary
thereto, of such wastes as may impair the strength and/or durability
of the structures appurtenant to the system or may interfere with
the normal treatment processes or may impair the designated uses of
the classified receiving waters.
G.ย To provide cooperation with the County Department
of Health and any other agencies which have requirements or jurisdiction
for the protection of the physical, chemical and bacteriological quality
of watercourses within or bounding the village.
H.ย To protect the public health and to prevent nuisances.
The owner of any house, building or property
used for human occupancy, employment, recreation or other purpose,
situated within the village and abutting on any street, alley or right-of-way
in which there is now located or may in the future be located a public
sanitary sewer, is hereby required, at his expense, to install suitable
toilet facilities therein and to connect such facilities directly
with the proper public sewer in accordance with the provisions of
this Article within 90 days after the date of official notice to do
so, provided that said public sewer is located within 100 feet of
the property line.
No person shall uncover, make any connections
with or opening into, use, alter or disturb any public sewer or appurtenances
thereof without first obtaining a written permit from the appropriate
local governing body or the village.
In the case of a significant industrial user
and all other establishments producing industrial waste, the permit
system above mentioned shall be administered as follows:
A.ย The maximum period of discharge under a permit is
three years. At the end of the three-year period, the permit holder
must make application with the Village Clerk for renewal, extension
and/or modification of the permit.
B.ย The terms and conditions under which a permit is granted
is subject to modification by the Village Board. No modification of
the permit's terms and conditions may be made without written notification
to the permit holder. The terms and conditions of any modification
should be sent by certified mail by the Village Clerk to the permit
holder at least 30 days prior to the meeting of the Village Board.
C.ย A permit shall not be reassigned, transferred or sold
to a new owner, new user, new or changed operation or to different
premises.
D.ย A holder of an industrial permit shall apply for a
permit modification if the industrial production or process is changed
so that the characteristics of the wastewater or flow is altered.
E.ย The permit application shall require information concerning
volume, constituents and characteristics of the wastewater, flow rate,
each product produced by type, amount and rate of production and a
description of the activities, facilities and plant processes on the
premises, including all materials processed and types of material
which are or can be discharged.
F.ย The conditions of a wastewater discharge permit shall
be uniformly enforced and shall be expressly subject to all provisions
of this Article and all other regulations, user charges and fees established
by the county and applicable state and federal regulations.
G.ย The permits shall contain specifications for applicable
monitoring programs which may include sampling locations, frequency
of sampling, number, types and standards per test and reporting schedule.
A separate and independent building sewer shall
be provided for every building, except that 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 building sewer from the front
building may be extended to the rear building and the whole considered
as one building sewer. Where building sewers are to serve multiple
dwelling structures, there shall be provided at least one separate
building sewer for each group of four living units.
Existing building sewers may be used in connection
with new buildings only when they are found, on examination and test
by the Superintendent, to meet all requirements of this Article.
The connection of the building sewer into an existing public sewer shall be made at the property line. Except as provided under ยงยงย
144-17B and
C, if the portion of the building sewer located in the street or right-of-way has not previously been provided, such will be constructed from the existing public sewer to the property line by the local governing body upon submittal of a proper request by the property owner and upon deposit of the estimated cost thereof. All costs and expense incident to the installation and connection of the entire length of building sewer shall be borne by the owner. The owner shall indemnify the local governing body from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. The method of connection of the building sewer to the public sewer (at the property line) will be dependent upon the type of pipe material used and in all cases shall be approved by the local governing body.
All excavations for building sewer installation
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.
When any building sewer is to serve a school, hospital or similar institution or public building or is to serve a complex of industrial or commercial buildings or which, in the opinion of the administrative body, will receive sewage or industrial wastes of such volume or character that frequent maintenance of said building sewer is anticipated, then such building sewer shall be connected to the public sewer through a manhole. The administrative body shall determine if and where this type of connection to the public sewer is required. Connections to existing manholes shall be made as directed by the Superintendent. If required, a new manhole shall be installed in the public sewer pursuant to ยงย
144-18K and the building sewer connection made thereto as directed by the Superintendent.
Sewer design shall be in accordance with the
following provisions.
A.ย Pipe material shall be either asbestos-cement conforming
to ASTM specification C-428, Type II; extra-strength vitrified clay
conforming to ASTM Specification C-200; or reinforced concrete conforming
to ASTM Specification C-76. No standard strength clay pipe or nonreinforced
concrete pipe shall be used.
B.ย Minimum internal pipe diameter shall be eight inches.
C.ย Joints for each kind of pipe shall be designed and manufactured such that O-ring gaskets of the snap-on type are employed. Gaskets shall be continuous, solid, natural or synthetic rubber and shall provide a positive compression seal in the assembled joint such that the requirements of ยงย
144-19 are met.
D.ย Joint preparation and assembly shall be in accordance
with the manufacturer's recommendations.
E.ย Wye branch fittings shall be installed for connection to building sewers in accordance with ยงย
144-8.
F.ย Trench widths as measured just above the crown of
the pipe shall not exceed the following:
|
Pipe Diameter
(inches)
|
Trench Width
|
---|
|
8
|
3 feet, 3 inches
|
|
10
|
3 feet, 6 inches
|
|
12
|
3 feet, 9 inches
|
|
14
|
4 feet, 0 inches
|
G.ย If the trench widths are found during field inspection
to exceed the limits in the above table, the sewer pipe shall be encased
with a minimum of six inches of concrete.
H.ย Pipe shall be firmly and evenly bedded on a minimum
of three inches of No. 1A or No. 1 crushed stone (NYSDPW specification).
I.ย Pipe thickness and field strength shall be calculated
on the following criteria:
(3)ย Weight of soil: 120 pounds per cubic feet.
(4)ย Wheel loading: 16,000 pounds.
J.ย Utilizing the above information, design shall then
be made as outlined in Chapter IX of the Water Pollution Control Federation
Manual of Practice No. 9, Design and Construction of Sanitary and
Storm Sewers.
K.ย Manholes shall be constructed at all changes in slope
or alignment or at intervals not exceeding 400 linear feet. The manholes
shall be constructed with a poured 3,000 pounds per square inch concrete
base 12 inches thick, steel-troweled concrete or mortar bench walls
and inverts and precast four-foot diameter concrete manhole barrel
sections with concentric tapered top section, as specified by ASTM
C-478. The manhole frame and cover shall be the standard design of
the local governing body and shall be set with no less than two courses
of brick underneath to allow for later adjustment in elevation. All
joints shall be sealed against infiltration. No manholes shall be
constructed with steps or ladder rungs.
All sewer extensions constructed at the property
owner's, builder's or developer's expense after final approval and
acceptance by the local Board shall become the property of and shall
thereafter be maintained by the local governing body. Said sewers,
after their acceptance by the local governing body, shall be guaranteed
against defects in materials or workmanship for 18 months. The guaranty
shall be in a form provided for by the local governing body. At the
sole discretion of the local Board, a completion bond or certificate
check may be demanded as part of the guaranty.
No builder or developer shall be issued a building
permit for a new dwelling or structure requiring sanitary facilities
unless a suitable and approved method of waste disposal is proposed.
All new developments shall be provided with an approved system of
sanitary sewers.
Where installed, all grease, oil and sand interceptors
shall be maintained by the owner, at his expense, in continuously
efficient operation at all times and shall be readily accessible and
open to inspection by the Superintendent of Public Works at any time.
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.
When required by the engineer or classified
as a significant industrial user, the owner of any property served
by a building sewer carrying industrial wastes shall install a suitable
control manhole in the building sewer to facilitate observation, sampling
and measurement of the wastes. Such manhole, when required, shall
be accessibly and safely located and shall be constructed in accordance
with plans approved by the engineer. 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.
All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in ยงยงย
144-22C and
144-25 shall be determined in accordance with Standard Methods for the Examination of Water and Sewage upon suitable samples taken at a control manhole provided for in ยงย
144-27. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected.
No statement contained in this Article shall
be construed as preventing any special agreement or arrangement between
the village and any industrial concern whereby an industrial waste
of unusual strength or character may be accepted by the industrial
concern. Acceptance of such wastes shall not cause the POTW to violate
its SPDES permit or the receiving water quality standards or any pretreatment
regulation promulgated by USEPA or NYSDEC in accordance with Section
307 of PL 95-217.
All of the preceding standards are to apply
at the point where the industrial wastes are discharged into the public
sanitary sewerage system and any chemical or mechanical corrective
treatment required must be accomplished to practical completion before
the wastes reach that point. The laboratory methods used in the examination
of all industrial wastes shall be those set forth in the latest edition
of Standard Methods for the Examination of Water and Sewage, published
by the American Public Health Association. However, alternate methods
for the analysis of industrial wastes may be used subject to mutual
agreement between the village and the producer of such wastes. The
frequency and duration of the sampling of any industrial waste shall
not be less than once every three months for a twenty-four-hour period.
However, more frequent and longer periods may be required at the discretion
of the village.
Detailed plans showing facilities and operating
procedures to provide protection from accidental discharge of prohibited
materials or other wastes from significant contributing industries
must be submitted to the village for review and shall be acceptable
to the village before construction of the facilities.
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 Article.
When pretreatment regulations are adopted by
USEPA or NYSDEC for any industry, then 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 Section 307 of PL
95-217. Additionally, such industries shall comply with any more stringent
standards necessitated by local conditions as determined by the village.
[Amended 4-30-1996 by L.L. No. 1-1996]
The village reserves the right to establish by local law more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objective presented in ยงย
144-2A of this Article.
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 village or state unless authorized by state or federal regulations.
[Amended 4-30-1996 by L.L. No. 1-1996]
No person shall maliciously, willfully or negligently
break, damage, destroy, uncover, deface or tamper with any structure,
appurtenance or equipment which is a part of any sewerage work. Any
person violating this provision shall be subject to immediate arrest
in accordance with the Penal Law of the State of New York.
A contractor must present a certificate of insurance
showing suitable liability insurance before a permit will be issued
for construction of building sewers, sewer extensions or private sewage
disposal.
Persons or occupants of premises where wastewater
is produced or discharged shall allow the USEPA, NYSDEC or their 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 village shall have the right to set up on the user's property
such devices as are necessary to conduct sampling or metering operations.
The village may at reasonable times have access to and copy any records,
inspect any monitoring equipment or method required by the village's
wastewater discharge requirements 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 village will be permitted to enter
without delay.
As an alternative, upon violation of this Article,
the proper authorities of the village or local governing body, in
addition to other remedies, may institute any appropriate action or
proceedings, including an injunction to prevent such unlawful use,
construction or maintenance of cesspools, septic tanks, sewage disposal
systems, pipes or drains, to restrain, correct or abate such violation
to prevent the occupancy of any building, structure or land where
said violation of this Article is found.
Any person violating any of the provisions of
this Article shall become liable to the village or local governing
body for any expense, loss or damage occasioned the village or local
governing body by reason of such violation.
[Amended 4-30-1996 by L.L. No. 1-1996]
Any person who knowingly makes any false statements, representation, record, report, plan or other documentation filed with the municipality or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this Article shall be punished by the penalties as set forth in ยงย
144-40B.
The village 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 this Article or
the wastewater discharge permit to:
B.ย Comply in accordance with a time schedule set forth
by the village; or
C.ย Take appropriate remedial or preventive action in
the event of a threatened violation.
The village may revoke any wastewater discharge
permit or terminate or cause to be terminated wastewater service to
any premises if a violation of any provision of this Article is found
to exist or if a discharge of wastewater causes or threatens to cause
a condition of contamination or pollution as defined in this Article.