In order to establish and operate the Sewer Department and sewage
disposal plant of the Village of Springville as a separate utility
and to ensure its proper operation, repair and maintenance, it shall
be the policy of the Village of Springville to establish and impose
a scale of charges for the use of the sewer system or any part or
parts thereof.
As used in this article, the following terms shall mean and
include:
Any liquid, gaseous, solid or other waste substance, or a
combination thereof, resulting from any process of industry, manufacturing,
trade or business or from the development or recovery of any natural
resources.
Includes garbage, refuse, decayed wood, sawdust, shavings,
bark, sand, lime, cinders, ashes, offal, oil, tar, dyestuff, acids,
chemicals and all other discarded matter not sewage or industrial
waste.
All lateral sewers or all branch sewers or all interceptor
sewers or all trunk sewers and the sewage treatment and disposal works
and each part with necessary appurtenances.
The water-carried human or animal waste from residences, buildings, industrial establishments or other places, together with such groundwater infiltration and surface water as may be present. The admixture with "sewage" herein defined of industrial waste or other wastes as hereinabove defined also shall be considered "sewage" within the meaning of this Article IV.
The rent, rate or charge imposed or levied by the Village
of Springville for the use of the sewer system or any part or parts
thereof.
The sewer system owned and operated by the Village of Springville,
and includes all sewer pipes and other appurtenances which are used
or useful in whole or in part in connection with the collection, treatment
or disposal of sewage, industrial wastes and other wastes and which
are owned, operated or maintained by the Village of Springville, including
pumping stations and sewage treatment and disposal works and all extensions,
additions and improvements which may be made to such system.
A.
The Village of Springville does hereby establish and impose a scale
of sewer rents for the service available or rendered by the sewer
system to each parcel of real property within the corporate limits
of the Village of Springville in an amount for each monthly period
which shall be the sum of the following component charges:
B.
In the case of consumers of water supplied by the Village who contribute
to the sewer system an amount of sewage substantially less than or
substantially greater than the amount of water supplied to such consumer
by the Village or in the case of owners or occupants of real property
within the Village who are not consumers of water but are connected
to the sewer system, then the Board of Trustees shall fix and determine
the sewer rent charge applicable to such real property upon such other
equitable basis as shall be determined by the Board.
C.
It shall be the duty of the Superintendent of Public Works or other
designated official to make a survey annually or at such other times
as may be required by the Board of Trustees to determine whether there
is being discharged into the sewer system from any real property within
the corporate limits of the Village sewage or other wastes which,
in the opinion of such Superintendent, contain unduly high concentrations
of solids or any other substance adding to the operating costs of
the sewer system. Upon the completion of such survey, he shall file
with the Board of Trustees a report of his findings indicating whether
additional sewer rent charges should be levied for such sewage or
other waste, and, if so, he shall set forth recommended charges for
the same. The Board of Trustees is authorized to fix and determine
such additional sewer rent charge therefor as shall be equitable,
in addition to the sewer rents provided for by the preceding subsections
of this section.
D.
Billing periods. All sewer rents shall be computed for monthly periods
commencing on the 20th day of each month and shall be billed monthly
upon such date or dates as shall be determined by the Board of Trustees.
Sewer rents shall be due and payable on the first day of the calendar
month following the month in which each billing period ends.
E.
If bills are not paid when due, a notice of at least 30 days may
be sent out to the user demanding payment or advising that the sewer
service and/or water service are subject to discontinuance, and after
the expiration of the period specified in said notice, such sewer
service and/or water service shall be subject to discontinuance without
further notice. Unpaid bills will be added to the next tax rolls in
the same manner as unpaid water bills.
F.
Late charge. A monthly late charge of 1 1/2% of the sewer rent
established by the preceding provisions shall be added to all accounts
that are not paid before the 20th day of the calendar month following
the month in which each monthly billing period ends. The late charge
so added to such unpaid accounts shall again be assessed at the same
percentage rate on a compounding basis for each monthly billing cycle
or part thereof that an account remains unpaid until the first day
of May in each year, at which time the amount of all unpaid sewer
charges, together with all late charges, shall be included by the
Board of Trustees in the annual tax levy upon the respective parcels
of real property to which such unpaid sewer charges relate.
G.
Special agreement. The sewer charges so calculated are hereby established
and, unless the Board of Trustees has established other rates by separate
agreement in special situations, shall be charged and paid for all
sewer service supplied by the Village.
H.
Rate changes. The specific rates hereby established and imposed within
the service and use components that make up the sewer rents, vacant
land charge, as well as the property class, benefit value, billing
periods, due dates and late payment penalties, may be changed from
time to time by resolution of the Board of Trustees.
A.
The above-mentioned sewer rents are hereby imposed upon all real
property served by the public sewer system of the Village of Springville.
B.
Basis of sewer use requirement. All requirements, directives, and
orders calling for mandatory use of the sewers, within the service
area of the POTW, for the proper discharge of sewage and other wastes,
including industrial wastes, shall be established and given by the
Village Board, NYSDEC, USEPA, and/or other such state or federal agencies,
which have enforcement powers.
C.
Public sewer unavailable; private wastewater disposal required. Where
a public sewer is not available, the building lateral shall be connected
to a private wastewater disposal system complying with the provisions
of the Rules and Regulations of the NYSDOH, to be enforced by the
Superintendent, and/or the Erie County Health Department.
D.
Connection of two buildings to the same septic tank is prohibited.
No two separate permanent buildings, where the intended use for either
is for a distinct and separate business or a dwelling place for a
private family or families, shall be connected to the same individual
septic tank and tile absorption field. Connection of separate buildings
located on separate parcels of land is prohibited.
E.
Construction permit application. A completed application form, containing
results of percolation tests, computations, and a plot plan, including
the design and cross- section of the wastewater disposal system, in
relation to lot lines, adjacent and on-site well or water supply,
and buildings, shall be submitted to the Village. A fee, established
by the Village Board by resolution, shall accompany the application.
The wastewater disposal system shall be designed by a professional
engineer, and shall be in accordance with the NYSDOH "Standards for
Waste Treatment Works", or NYSDEC "Standards for Commercial and Institutional
Facilities," as appropriate.
F.
Construction permit. A written construction permit shall be obtained
from the Superintendent or Code Enforcement Officer before construction
commencement. The Superintendent, or his designated representative,
shall be permitted to inspect the construction work at any stage,
without prior notice.
G.
Preventing nuisances; rehabilitation required. When the liquid or
liquid-borne effluent from a private wastewater disposal system enters
any watercourse, ditch, storm sewer, or water supply system, located
in the Village, in such a manner, volume, and concentration so as
to create a hazardous, offensive, or objectionable condition, in the
opinion of the Superintendent, the Erie County Health Department,
or the NYSDOH, the owner of the premises upon which such wastewater
disposal system is located, upon receiving written notice from the
Superintendent, to do so, shall, within 90 days, after receipt of
such notice, repair, rebuild, or relocate such wastewater disposal
system for the purpose of eliminating such hazardous, offensive, or
objectionable conditions. The repair, rebuilding, or relocation of
the system shall be accomplished in accordance with the rules and
regulations of the NYSDOH and the Erie County Health Department, at
the owner's expense.
H.
Sanitary operation required. The owner shall operate and maintain
the private wastewater disposal system in a satisfactory manner at
all times, at the owner's expense.
I.
Septage removal. Where a private wastewater disposal system utilizes
a cesspool or a septic tank, septage shall be removed from the cesspool
or septic tank, by a licensed hauler of trucked and hauled wastes,
at three-year intervals or more frequently.
J.
Direct connection to new public sewers required. At such time that
a public sewer becomes available to a property, a direct connection
shall be made to the public sewer, in compliance with this chapter,
and any cesspool, septic tank, and similar wastewater disposal facilities
shall be cleaned of septage, by a licensed septage hauler, and finally
either filled with clean sand, bank-run gravel or dirt, or removed
and properly disposed. When the connection is made to the public sewer,
the connection to the private wastewater disposal facility shall be
broken and both ends of the break shall be plugged, as appropriate.
Alternatively, the septic tank effluent may be piped or pumped to
the sewer; the owner shall provide an easement to the septic tank
for septage removal.
K.
Additional requirements. No statement in this article shall be construed
to prevent, or interfere with, any additional requirements that may
be deemed necessary by the Superintendent, to protect public health
and public welfare.
L.
Proper design. New sanitary sewers and all extensions to sanitary
sewers owned and operated by the Village shall be designed, by a professional
licensed to practice sewer design in the state, in accordance with
the Recommended Standards for Sewage Works, as adopted by the Great
Lakes - Upper Mississippi River Board of State Sanitary Engineers
("Ten State Standards"), and in strict conformance with all requirements
of the NYSDEC. Plans and specifications shall be submitted to, and
written approval shall be obtained from, the Superintendent, the Erie
County Health Department, and the NYSDEC, before initiating any construction.
The design shall anticipate and allow for flows from all possible
future extensions or developments within the immediate drainage area.
M.
New sewers subject to approval; fees, inspection, testing, and reporting.
When a property owner, builder, or developer proposes to construct
sanitary sewers or extensions to sanitary sewers in an area proposed
for subdivision, the plans, specifications, and method of installation
shall be subject to the approval of the Superintendent or Village
Engineer of Record, and the Erie County Health Department. Said property
owner, builder, or developer shall pay for the entire installation,
including a proportionate share of the treatment plant, intercepting
or trunk sewers, pumping stations, force mains, and all other Village
expenses incidental thereto. Each street lateral shall be installed
and inspected pursuant to Article 6, and inspection fees shall be
paid by the applicant prior to initiating construction. Design and
installation of sewers shall be as specified in Section 503 of the
NYSDEC Model Sewer Use Law, and in conformance with Paragraphs 3 through
6 of ASTM Specification C-12. The installation of the sewer shall
be subject to periodic inspection by the Superintendent, without prior
notice. The Superintendent or Village Engineer of Record shall determine
whether the work is proceeding in accordance with the approved plans
and specifications, and whether the completed work will conform with
the approved plans and specifications. The sewer, as constructed,
must pass the infiltration test (or the exfiltation test, with prior
approval), before any building lateral is connected thereto. The Superintendent
shall be notified 30 days in advance of the start of any construction
actions so that such inspection frequencies and procedures as may
be necessary or required may be established. No new sanitary sewers
will be accepted by the Village Board until such construction inspections
have been made so as to assure the Village Board of compliance with
this chapter and any amendments or additions thereto. The Superintendent
has the authority to require such excavation as necessary to inspect
any installed facilities if the facilities were covered or otherwise
backfilled before they were inspected so as to permit inspection of
the construction. The Superintendent shall report all findings of
inspections and tests to the Village Board.
(1)
Local utilities shall be contacted to verify construction plans and
to make arrangements to disconnect all utility services, where required
to undertake the construction work. The utility services shall later
be reconnected. The work shall be scheduled so that there is minimum
inconvenience to local residents. Residents shall be provided proper
and timely notice in addressing requests made by the Village.
(2)
The public shall be protected from personal and property damage as
a result of the construction work.
(3)
The grade and alignment shall be checked and made correct. The pipe
shall be in straight alignment. Any negotiation of curves shall be
at manholes, except when site conditions require alternative pipe-laying
procedures. These alternative procedures, including bending the pipe
barrel, deflecting the joint, and using special fittings, shall require
prior written approval of the plans and also written confirmation
approval of need by the Superintendent after examination of the site
conditions.
(4)
When a smaller sewer joins a larger one the invert of the larger
sewer shall be lowered sufficiently to maintain the same hydraulic
gradient. An approximate method which may be used for securing this
result is to place the 0.8 depth of both sewers at the same elevation.
