[HISTORY: Adopted City of Norwalk Common Council 5-10-1988. Amendments noted where applicable.]
GENERAL REFERENCES
Septage disposal — See Ch. 92.
User charge system — See Ch. 93.
In order to assure the proper disposal of sewage and wastewaters and the proper operation and maintenance of the public sewers, sewage treatment plants and other sewage works within the City of Norwalk and to provide an adequate record of sewers, drains, appurtenances and connections thereto, the following chapter is hereby enacted.
A. 
Unless the context specifically indicates otherwise, the meaning of terms used in these provisions shall be as follows for purposes of Chapters 91 through 99:
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 mg/l (milligrams per liter) by weight.
CHLORINE DEMAND
The amount of chlorine which must be added to water or waste to produce a residual chlorine content of at least 0.1 milligram per liter after a minimum contact time of 10 minutes.
CITY
The City of Norwalk.
DIRECTOR
The Director of Public Works, City of Norwalk, or the person named by the Director to perform the duties of the "Director" in his absence, in the enforcement provisions of this chapter.
DRAINLAYER or LICENSED DRAINLAYER
Either an individual, partnership or corporation to whom the city has issued a license to install, alter or repair sewers, sewer connections, house connections, etc., during the period when such license is valid, and the proper agents and representatives of such "drainlayer."
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.
PERSON
Any individual, firm, partnership, association, corporation, company, public utility, taxing district or organization of any kind, but excluding the city, its officers, boards, agencies or departments.
pH
The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
SEWAGE
Wastewater or water-carried wastes from residences, business buildings, institutions and industrial establishments. "Sewage" shall be further classified as follows:
(1) 
DOMESTIC OR SANITARY SEWAGEThe solid and liquid wastes from toilet and lavatory fixtures, kitchens, laundries, bathtubs, shower baths or equivalent fixtures as discharged from dwellings and business and industrial buildings.
(2) 
INDUSTRIAL SEWAGE OR WASTESIncludes the water-carried wastes of any industrial process as distinct from domestic or sanitary sewage. All substances carried in industrial wastes, whether dissolved, in suspension or mechanically carried by water, shall be considered as "industrial wastes."
(3) 
STORMWATERIncludes the runoff or discharge of rain, melted snow or other water from roofs, surfaces of public or private lands or elsewhere. "Stormwater" also shall include subsoil drainage as defined in Subsection (4) below.
(4) 
SUBSOIL DRAINAGEIncludes water from the soil percolating into subsoil drains and through foundation walls, basement floors or underground pipes.
(5) 
COOLING WATERIncludes the wastewater from airconditioning, industrial-cooling, condensing and hydraulically powered equipment or similar apparatus.
(6) 
GARBAGESolid wastes from the preparation, cooking and dispensing of food and from the handling, storage and sale of produce. "Properly shredded garbage" shall mean garbage which has been shredded so that no garbage particles will be greater than 1/2 inch in any dimension.
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 or wastewater.
SEWER or DRAIN
The pipe or conduit, together with manholes and other structures or equipment appurtenant thereto, provided to carry sewage, waste liquids, stormwater or other wastes. "Sewers" shall be classified as follows:
(1) 
PUBLIC SEWERA trunk, main or lateral sewer up to and including the Y-branch or tee provided for connection thereto, and to which all owners of abutting properties have equal rights and which is controlled by public authority. The "public sewer" does not include the building or house sewer or the building-connection lateral after it is connected with a building sewer.
(2) 
SANITARY SEWERA sewer which carries only sanitary sewage and to which stormwater, subsoil drainage and cooling water are not intentionally admitted.
(3) 
COMBINED SEWERA sewer receiving both stormwater and domestic sewage, including acceptable discharge of industrial wastes, subsoil drainage and cooling water.
(4) 
STORM SEWER or STORM DRAINA pipeline carrying stormwater, subsoil drainage, acceptable cooling water or other reasonably clean waters, but excluding domestic and polluted industrial waste.
(5) 
BUILDING DRAINThat part of the lowest horizontal piping of a building drainage system that receives the discharge from the 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.
(6) 
BUILDING OR HOUSE SEWERThe extension from the building drain to the public sewer.
(7) 
BUILDING-CONNECTION LATERALThe pipe laid incidental to the original construction of a public sewer from said public sewer up to some point at the side of the street, highway or similar location and there capped, having been provided and intended for extension and for use at some time thereafter as a part of a building or house sewer connection.
SLUG
Any discharge of water, sewage or industrial waste which, in concentration of any given constituent or in quantity of flow, exceeds, for any period of duration longer than 15 minutes, more than five times the average twenty-four-hour concentration of flows during normal operation.
SUSPENDED SOLIDS
Solids that either float on the surface or are in suspension in water, sewage or other liquids and which are removable by filtering, as prescribed in Standard Methods for the Examination of Water, Sewage and Industrial Waste, American Public Health Association.
WATERCOURSE
A channel in which a flow of water occurs, either continuously or intermittently.
WATER POLLUTION CONTROL AUTHORITY
The Water Pollution Control Authority established by Chapter 113 of the Norwalk Code.
[Amended 3-26-2002]
B. 
Word usage. "May" is permissive; "shall" is mandatory.
A. 
It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner upon public or private property within the City or in any area under the jurisdiction of said City any human or animal excrement, garbage or other objectionable waste.
B. 
It shall be unlawful to discharge to any natural outlet or storm sewer within the City or in any area under the jurisdiction of said City any sanitary sewage, industrial wastes or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.
C. 
The owners of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes situated within the City 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 or combined sewer are hereby required at their 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 chapter within 30 days after the date of official notice to do so.
A. 
No person shall discharge into any public sewer any waste, substance or waters other than such kinds or types of water-carried wastes for the conveyance of which the particular public sewer is intended, designed or provided.
B. 
No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters to any sanitary sewer.
C. 
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 Director.
D. 
No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:
(1) 
Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas.
(2) 
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 the receiving waters of the sewage treatment plant.
(3) 
Any waters or wastes having a pH lower than 5.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works.
(4) 
Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works, such as but not limited to ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
E. 
No person shall discharge or cause to be discharged the following described substances, materials, waters or wastes if it appears likely, in the opinion of the Director, that such wastes can harm either the sewers, sewage treatment process or equipment, have an adverse effect on the receiving stream or can otherwise endanger life, limb, public property or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the Director will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant and other pertinent factors. The substances prohibited are:
(1) 
Any liquid or vapor having a temperature higher than 150° F. or 65° C.
(2) 
Any water or waste containing fats, wax, grease or oils, whether emulsified or not, in excess of 100 milligrams per liter or containing substances which may solidify or become viscous at temperatures between 32° and 150° F. or 0° and 65° C.
(3) 
Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of 3/4 horsepower [0.76 horsepower metric] or greater shall be subject to the review and approval of the Director.
(4) 
Any waters or wastes containing strong acid ironpickling wastes or concentrated plating solutions, whether neutralized or not.
(5) 
Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances or wastes exerting an excessive chlorine requirement to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the Director for such materials.
(6) 
Any waters or wastes containing phenols or other taste- or odor-producing substances in concentrations exceeding limits which may be established by the Director as necessary, after treatment of the composite sewage, to meet the requirements of the state, federal or other public agencies or jurisdiction for such discharges to the receiving waters.
(7) 
Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Director in compliance with applicable state or federal regulations.
(8) 
Any waters or wastes having a pH in excess of 9.5.
(9) 
Materials which exert or cause:
(a) 
Unusual concentrations of inert suspended solids, such as but not limited to fuller's earth, lime slurries and lime residues, or of dissolved solids, such as but not limited to sodium chloride and sodium sulfate.
(b) 
Excessive discoloration, such as but not limited to dye wastes and vegetable tanning solutions.
(c) 
Unusual BOD, chemical oxygen demand or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works, which may cause the effluent limitations of the discharge permit to be exceeded.
(d) 
Unusual volume of flow or concentration of wastes constituting slugs as defined herein.
(10) 
Waters or wastes containing substances that are not amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
F. 
Determination on discharge and review of facilities.
(1) 
If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in § 91-4, Waste restrictions, and which, in the judgment of the Director, may have a deleterious effect upon the sewage works, processes, equipment or receiving waters, the Director may:
(a) 
Reject the wastes;
(b) 
Require pretreatment to an acceptable condition for discharge to the public sewers;
(c) 
Require control over the quantities and rates of discharge; and/or
(d) 
Require additional payment to cover the added cost of handling and treating the wastes.
(2) 
If the Director permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Director and subject to the requirements of all applicable codes, ordinances, laws and the municipal discharge permit. Further, such pretreatment installations must be consistent with the requirements of any state pretreatment permit issued to the industry.
G. 
Grease, oil and sand traps shall be provided when, in the opinion of the Director, they are necessary for the proper handling of liquid wastes containing grease in excessive amount or any flammable wastes, sand or other harmful ingredients, except that such traps shall not be required for private living quarters or dwelling units. All traps shall be of a type and capacity approved by the Director and shall be located as to be readily and easily accessible for cleaning and inspection.
H. 
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.
I. 
When required by the Director, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole, together with such necessary meters, and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the Director. 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 industries discharging into a public sewer shall perform such monitoring of their discharge as the Director and/or other duly authorized employees of the city may reasonably require, including installation, use and maintenance of monitoring equipment, keeping records and reporting the results of such monitoring to the Director. Such records shall be made available, upon request by the Director, to other agencies having jurisdiction over discharges to the receiving water.
J. 
All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, and shall be determined at the control manhole provided or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property.
K. 
No statement contained in this section shall be construed as preventing any special agreement or arrangement between the city and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the city for treatment, subject to payment therefor by the industrial concern, provided that such agreements do not contravene any requirements of existing federal laws and are compatible with any user charge and industrial cost-recovery system in effect.
A. 
Connections, alterations or repairs to any public sewer or the manholes or other appurtenances of said sewer system in the city shall not be made by any person without a permit issued by the Director.
B. 
No unauthorized person shall open the cover of, enter or alter any manhole or other appurtenance of any public sewer nor place or insert in any public sewer or its appurtenances any foreign material which said sewer or its appurtenances was not intended to receive; nor shall any person damage, destroy, uncover, deface or tamper in any way with any public sewer or its appurtenances. Any person violating this provision may be subject to arrest under a charge of disorderly conduct, in addition to such other penalties as may hereinafter be provided.
C. 
The Director shall maintain the public sewers and manholes and shall respond to reports of obstructions or defects thereof, provided that the Director shall not be obliged to respond to a call reporting a defect in the public sewer unless such report includes sufficient information to enable the Director to determine whether the problem has been caused by a portion of the public sewer, rather than in a lateral or plumbing system which is not a portion of the public sewer system. Private persons requesting the Director to make repairs, as aforesaid, shall include in any such request sufficient information to support the conclusion that the alleged obstruction or defect is, in fact, attributable to the public sewer system, rather than to a private lateral or plumbing system.
A. 
There shall be two classes of building permits for sewers: Class A for residential and commercial service and Class B for service to establishments producing industrial wastes. In either case, the owner or his agent shall make application on a special form furnished by the city. No person shall discharge into the public sewer any industrial or commercial waters or wastes without obtaining an appropriate permit from the Connecticut Department of Environmental Protection pursuant to § 25-54, of Chapter 474a of the Connecticut General Statutes prior to discharge of said waters or wastes to the city's sewerage system.
B. 
The application shall state the location and character of the work to be performed, the person granted permission to perform such work, the time limit for completion of the work, the general character of the wastes which are or may be discharged into the sewer in question and any other pertinent information or conditions. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Director. A permit and inspection fee, as established in accordance with the provisions of § 90-4, Approval of rates and fees, shall be paid to the Director at the time the application is filed.
C. 
All costs and expenses incident to the installation and connection of the building sewer shall be borne by the owner. All building sewers shall be maintained by the owner of the property served. When a building-connection lateral has been connected with a building sewer, the lateral shall become and thereafter be a part of such building connection and shall be maintained at the expense of the owner or owners of the property served.
D. 
No person, other than those working for and under the direction of the Director, shall excavate, construct, install, lay, repair, alter or remove any building or house sewer or any appurtenance thereof, within the city, if such sewer is connected or discharged or is intended at some future time to be connected or discharged, directly or indirectly, into any public sewer of the city, until said person has a permit secured by the owner of the property or his agent for doing such work, and further provided that said person has been granted a license to perform said work by the Director under the stipulations and requirements of § 91-7, Licensing for authorized personnel, of this chapter.
E. 
Any permit may be suspended or terminated by the Director on written notice to the permittee for violation of the conditions thereof or for any violation of the requirements of this chapter or for other reasons in the public interest. Any person proposing a new discharge into a public sewer or a substantial change in the volume or character of pollutants that are being discharged into a public sewer shall notify the Director at least 45 days prior to the proposed charge or connection.
F. 
The Director and/or other duly authorized employees of the city, bearing proper credentials and identification, shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter. The Director or his representatives shall have no authority to inquire into any processes, including metallurgical, chemical, oil, refining, ceramic, paper or other industries, beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment. While performing the necessary work on private properties referred to above, the Director or duly authorized employees of the city shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the city employees, and the city shall indemnify the company against loss or damage to its property by city employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in § 91-4, Waste restrictions. The Director and other duly authorized employees of the city, bearing proper credentials and identification, shall be permitted to enter all private properties through which the city holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
A. 
Only the following person or persons shall construct, repair, alter or remove building sewers or make connections therefrom to the public sewer:
(1) 
Regular forces of a contractor employed by the Director.
(2) 
Regular forces of any public utility corporation while engaged in work incidental to the structures of said utility company and operating under a permit issued by the Director.
(3) 
Any person who shall have been licensed by the Director to perform work of this type during the period provided by the license and under the conditions of the license. Such persons shall be called "licensed drainlayers"; however, it is not the intent of this section to restrict the usual work of plumbers or others working in accordance with any local plumbing and building codes. Plumbers and others may work on pipes within and not more than five feet outside the walls of any structure, provided that no connection to a public sewer shall be made by such persons without a permit from the Director, irrespective of the distance of said public sewer to the structure in question. All drains and fixtures within structures shall be connected by plumbers and others in conformity with the requirements of these regulations as to what may or what may not be discharged into public sewers.
B. 
The following provisions shall apply to licensed drainlayers:
(1) 
Any person desiring to be licensed as a drainlayer in the city shall file an application in writing with the Director, furnishing such information as the Director may require with respect to his qualifications and the qualifications of his personnel. The fee for a drainlayer's permit shall be as established in accordance with the provisions of § 90-4, Approval of rates and fees, which shall be paid before any permit is granted. The Director may withhold the issuance of a license for a period of 30 days after the filing of an application. After making such investigation as the Director deems necessary, he will issue a license to any applicant, including master plumbers, contractors or others, who is deemed to be qualified on the basis of experience and training.
(2) 
Each license shall expire on December 31 of the year in which issued, shall be nontransferable and may be renewed annually upon payment of a renewal fee as established in accordance with the provisions of § 90-4, Approval of rates and fees.
(3) 
The Director may at any time revoke the license of a drainlayer for any violation of this chapter.
(4) 
Any person licensed as a drainlayer shall give personal attention to the work performed and shall employ only competent persons who are familiar with this chapter.
(5) 
Each licensed drainlayer shall file with the Director a performance and guaranty bond, which shall remain in full force for at least 13 months from the date of application, in an amount, form and with surety satisfactory to the Director.
(6) 
Each licensed drainlayer shall file with the Director a certificate of insurance and shall thereafter provide renewal certificates, as appropriate, executed by an insurance company satisfactory to the Corporation Counsel and in a form and to the dollar value limits acceptable to him, stating that the licensed drainlayer carries contractor's public liability insurance. Each insurance certificate shall be endorsed to name the City of Norwalk as an additional insured party and shall provide that the insurance company shall notify the Director by certified mail at least 30 days in advance of termination of or any change to the policy.
(7) 
Each licensed drainlayer shall file with the Director a certificate of policy covering workmen's compensation insurance, which shall remain in full force at least 13 months from the date of application.
A. 
The applicable sections of the City of Norwalk Department of Public Works Standard Specifications, as amended, shall apply to the materials and workmanship of any person licensed to do sewer work and who has a building or house sewer permit to do such sewer work, as provided in § 91-6, Building or house sewer permits, and § 91-7, Licensing for authorized personnel, of this chapter.
B. 
Old building or house sewers may be used and connected to a public sewer, when serving new buildings, only when they are found on examination or test by the Director to meet all requirements of this section. The Director may require, where indicated, the uncovering of old sewers for inspection.
C. 
A separate and independent building or house sewer shall be provided for every building, except that when two or more buildings are so situated that separate and independent building sewers for each building would be impractical or impose unnecessary hardship, the Director, at his sole discretion, may authorize a single building sewer connection to the public sewer, subject to such terms and conditions as to easement, design and construction as the Director may require.
D. 
When the building or house sewer trench has been excavated and the building or house sewer repaired, altered or constructed and is ready for inspection and connection to the public sewer, the Director shall be notified during regular working hours not less than 24 hours in advance of the time when the connection to the public sewer is planned. The connection of the building or house sewer to the public sewer shall be made under the supervision of the Director, and a record of all said connections shall be kept by him. If any person constructs, installs, alters or repairs any building or house sewer or drain connecting with a public sewer in the city in violation of this chapter or fails to give adequate notice to the Director for an inspection of the work, said Director may order all or any portion of said work to be uncovered for inspection and approval.
E. 
All excavations for building sewer installations shall be adequately guarded so as to protect the public from hazard. If any person, after order or direction from the Director, fails to remedy any violation of this section or of any other section of this chapter, the Director, after written notice to the owner of the property where the violation exists, may disconnect the building sewer from the public sewer and may collect the cost of making such disconnection from any person or persons responsible for or willfully concerned in or who profited by such violation of the requirements of this chapter.
A. 
The developer of a property subdivision within the city shall submit to the Director and to any other local or state agency or officer having jurisdiction thereover the proposed method of providing for ground drainage and sewage disposal in the development. The method proposed shall be indicated on a plot plan or separate plan showing gradient and datum lines, together with specifications or descriptive information so as to clearly indicate the functioning and construction of the layout. The developer shall post a performance bond in the amount specified by the Director, which bond shall guarantee satisfactory performance of the proposed method of ground drainage and sewage disposal. No building permits shall be issued to any developer of a property subdivision until the ground drainage and sewage disposal layout have been approved by the Director and by any other local or state agency or officer having jurisdiction thereover.
B. 
In cases where a developer of a property subdivision plans to install any sewer laterals within the streets of the development, said developer shall furnish, at the time the plans for such laterals are submitted for approval, a maintenance bond issued by a bonding company acceptable to the Director and of a value of 5% of the estimated cost of the proposed sewers, but in no case for less than $1,000. The bond shall guarantee for a term of two years correction of any defects in the sewer system, including but not limited to leaks or excessive infiltration in the street sewers, manholes and building sewers. Should any defects arise within the two-year period, the Director shall promptly notify, in writing, the developer as well as the bonding company.
C. 
Where a developer of a property subdivision plans to construct a sewage pumping station in conjunction with a system of street sewers, the plans and specifications for such pumping station shall be submitted to and approved by the Director and by any state agency having jurisdiction thereover prior to the construction of said pumping station.
A. 
Any person found to be violating any provision of this chapter shall be notified in writing by the city, 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 such violations and correct any work installed or performed during such period of violation.
B. 
Any person who shall violate any provision of this chapter shall be fined an amount established in accordance with the provisions of § 90-4, Approval of rates and fees, or imprisoned not more than 30 days, or both. Each day that any violation of these regulations occurs and each day that any person discharges or continues to discharge prohibited wastes or substances into any public sewer shall be deemed to be a separate offense for the purpose of applying the penalty provided in this section.
If any section, clause, sentence or provision of this chapter shall be adjudged invalid or unenforceable, such adjudication shall not affect the validity of any other provision hereof, but all other provisions shall be deemed valid and effective and shall remain in full force and effect.