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:
- INDUSTRIAL WASTES
- 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.
- OTHER WASTES
- 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.
- SEWER RENTS
- 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.
- SEWER SYSTEM
- 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.
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:
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.
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.
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.
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.
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.
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.
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.
The above-mentioned sewer rents are hereby imposed upon all real property served by the public sewer system of the Village of Springville.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
The public shall be protected from personal and property damage as a result of the construction work.
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.
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.