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Town of Marcellus, NY
Onondaga County
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[HISTORY: Adopted by the Town Board of the Town of Marcellus 11-30-1981 by L.L. No. 2-1981. Amendments noted where applicable.]
Unless the context specifically indicates otherwise, the meaning of the words, terms and phrases used in this chapter shall be as follows:
ASTM
American Society for Testing and Materials.
BOD (denoting BIOCHEMICAL OXYGEN DEMAND)
The quantity of oxygen utilizing in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20° C. expressed in milligrams per liter.
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 three feet (0.92 meter) 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; shall be the responsibility of the building owner.
COMBINED SEWER
A sewer intended to receive both surface runoff and sewage.
GARBAGE
Any solid wastes from the domestic and commercial preparation, cooking and dispensing of food and from the handling, storage and sale of produce.
INDUSTRIAL WASTES
The liquid wastes from industrial manufacturing processes, as distinct from sanitary sewage.
INSPECTOR
The Town's Plumbing Inspector or his authorized deputy, agent or representative.
MAY
Is permissive.
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake or other body of surface or groundwater.
OWNER
Any individual, firm, company, association, corporation, society, person or group having title to real property.
PERSON
Any individual, firm, company, association, corporation or group.
pH
The logarithm of the reciprocal of the concentration of hydrogen ions in grams per liter of solution.
PRIVATE SEWAGE DISPOSAL SYSTEM
The privately owned system for the treatment and ultimate disposal of wastewater such as a septic tank, holding tank or other system.
PROPERLY SHREDDED GARBAGE
The wastes from the preparation, cooking and dispensing of food that have been shredded to such a 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 (1.27 centimeters) in any dimension.
PUBLIC SEWER
A sewer in which all owners of abutting properties have equal right, and which is controlled by public authority.
SANITARY SEWER
A sewer which carries sewage, from residences, commercial buildings and industries, and to which storm, surface and groundwaters 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 stormwaters as may be present.
SEWAGE TREATMENT PLANT
Any arrangement of devices and structures used for treating sewage.
SEWER
A pipe or conduit for carrying sewage.
SEWERAGE WORKS
All facilities for collecting, pumping, treating and disposing of sewage with the exception of private sewage disposal system.
SHALL
Is mandatory.
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.
STORMWATER OR STORM DRAIN
A pipe or conduit which carries storm and surface waters and drainage, but excludes sewage and industrial wastes.
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.
TOWN
The Town of Marcellus, New York.
UNPOLLUTED WATER OR WASTE
Any water or waste containing none of the following: free or emulsified grease, or oil; acid or alkali; phenols, or other substance imparting taste or odor in receiving waters; toxic or poisonous substances in suspension, colloidal state, or solution; and noxious or odorous gases. It shall contain not more than 10,000 milligrams per liter of dissolved solids, of which not more than 2,500 milligrams per liter shall be as chloride with permissible volumes subject to review by the Inspector, and not more than 10 milligrams per liter each of suspended solids and BOD. The color shall not exceed 50 milligrams per liter.
WPCF
Water Pollution Control Federation.[1]
WATERCOURSE
Any natural or man-made channel in which a flow of water occurs, either continuously or intermittently.
[1]
Editor's Note: Now the "Water Environment Federation."
A. 
It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the Town, any human or animal excrement, garbage or other objectionable waste. Exceptions may be granted by the Town Board to an owner or lessee allowing land application of animal excrement in the normal course of garden operation or farming.
B. 
It shall be unlawful to discharge to any natural outlet within the Town, or in any area under the jurisdiction of the Town, any sewage or other polluted water, except where suitable treatment has been provided in accordance with the provisions of this chapter.
C. 
Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage in the Town.
D. 
The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes situated within a sewer district of the Town and abutting on any street, alley, or right-of-way in which there is located a public sanitary sewer system of the Town, 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 chapter, within one year after the date of official notice to do so; provided that said public sewer is within 150 feet (45.7 meters) of the structure to be served. New houses or buildings falling within the conditions listed in this section shall be required to connect such facilities directly with the proper public sewer in accordance with the provisions of this chapter prior to occupancy.
A. 
Where a public sanitary sewer is not available under the provisions of § 168-2D, the building shall be connected to a private sewage disposal system complying with the requirements of the Onondaga County Department of Health; the New York State Department of Health; and/or those of the New York State Department of Environmental Conservation.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in § 168-2D, a direct connection shall be made to the public sewer in compliance with this chapter, and any septic tanks, cesspools and similar sewage disposal facilities, shall be abandoned and filled with suitable backfill material.
C. 
No statement contained in this article shall be constructed to interfere with any additional requirements that may be imposed by the authorized representative of the New York State Department of Environmental Conservation.
A. 
No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Inspector.
B. 
There shall be two classes of building sewer permits: (a) for residential and commercial services; and (b) for service to establishments producing industrial wastes. Application for a permit of either class shall be made on a special form furnished by the Town. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Inspector. A permit and inspection fee for a residential or commercial building sewer permit or for an industrial building sewer permit, in an amount set from time to time by Town Board resolution, shall be paid to the Town at the time the application is filed.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
All costs and expenses incident to the installation and connection of the building sewer to the public sewer system shall be borne by the owner. The owner shall indemnify the Town from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
D. 
A separate and independent building sewer shall be provided for every building; except 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.
E. 
Existing building sewers may be used in connection with new buildings only when they are found on examination an test by the Inspector to meet all requirements of this chapter.
F. 
The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the Town, county and state, but in no event shall the diameter be less than four inches, nor shall the slope of the pipe be less than 1/4 inch per foot.
G. 
Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building shall be lifted by an approved mechanical means at the owner's cost and discharge to the building sewer.
H. 
No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.
I. 
The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the Town, or the procedures set forth in appropriate specifications of the ASTM and the WPCF Manual of Practice No. 9. All such connections shall be made gastight and watertight. Any deviation from prescribed procedures and materials must be approved by the Inspector before installation.
J. 
The applicant for a building sewer permit shall notify the Inspector when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Inspector or his representative. At least a twenty-four-hour notice shall be given to the Inspector.
K. 
All excavations for building sewer installations shall comply with Chapter 199, Article I, Excavations and Pavement Cuts, of the Town Code and shall be adequately guarded with barricades and light so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of connecting a building sewer to the public sewer shall be restored in a manner satisfactory to the Inspector. The Town assumes no responsibility or liability for the construction of the same.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
L. 
The connection from a gas station or car wash shall provide for a settlement pit, so that sand and grit that may develop from the washing of motor vehicles or thawing or ice and snow, will not be allowed to enter into the sewage disposal system. Discharge of said waters into the sanitary sewer will be made only upon approval of the Inspector.
M. 
The building sewer shall be tar-coated, extra heavy or service weight cast iron soil pipe, conforming to ASTM Specification A-74 and American Standards Association (ASA) Specification A-40.1; asbestos-cement house connection pipe conforming to ASTM Specification C-428, Type II minimum class 2400; or PVC (polyvinyl chloride) rubber-gasketed joints, ASTM D-3034-73, SDR-35. Joints shall be tight and waterproof. Any part of the building sewer that is located within 10 feet of a water service pipe shall be constructed of extra heavy cast iron soil pipe with leaded joints. Cast iron pipe with leaded joints may be required by the Inspector where the building sewer is exposed to damage by tree roots. If installed and filled or unstable ground, the building sewer shall be of cast iron soil pipe, except that nonmetallic material may be accepted if laid on a suitable concrete bed or cradle as approved by the Inspector.
A. 
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.
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 Inspector. Industrial cooling water or unpolluted process waters may be discharged, on approval of the Inspector, to a storm sewer, or natural outlet.
C. 
Except as hereinafter provided, no person shall 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 higher than 150° F. (65° C.).
(2) 
Any waters or wastes which contain grease or oil or other substance that will solidify or become discernibly viscous at temperatures between 32° F and 150° F.
(3) 
Any waters or wastes containing fats, wax, grease, or oils, whether emulsified or not, exceeding an average of 50 milligrams/liter (147 pounds per million gallons) or other soluble matter.
(4) 
Any gasoline, benzene, naptha, fuel oil or mineral oil, or other flammable or explosive liquid, solid or gas.
(5) 
Any noxious or malodorous gas such as hydrogen sulfide, sulfur dioxide or nitrous oxide, or other substance which either singly or by interjection with other wastes, is capable of creating a public nuisance or hazard to life or of preventing entry into sewers for their maintenance and repair.
(6) 
Any garbage that has not been properly shredded. Any installation and operation of any garbage grinder in a commercial establishment shall be subject to the review and approval of the Inspector.
(7) 
Any ashes, cinder, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastic, cardboard, wood, paunch manure, hair and fleshings, entrails, lime slurry, lime residues, beer or distillery slops, whey, chemical residues, plant residues, cannery waste, bulk solids or any other solid or viscous substance, capable of causing obstruction to the flow of the sewers, or other interference with the proper operation of the sewage works.
(8) 
Any waters or wastes, acid and alkaline in reaction, having corrosive properties capable off causing damage or hazard to structures, equipment and personnel of the sewage works. Free acids and alkalies must be neutralized, at all times, within a permissible pH range of 6.0 to 9.5.
(9) 
Any cyanides in excess of 0.2 milligrams per liter by weight as CN.
(10) 
Radioactive wastes that do not comply with federal or state regulations.
(11) 
Any waters or wastes that for a duration of 15 minutes has a concentration greater than five times that of "normal" sewage as measured by suspended solids and BOD and/or which is discharged continuously at a rate exceeding 1,000 gallons per minute except by special permit. Normal sewage shall be defined as falling within the following ranges:
Constituents
Permissible Range
(mg/l)
Suspended solids
180 to 350
BOD
140 to 150
Chlorine requirements
5 to 15
(12) 
Any stormwater, roof drains, spring water, cistern or tank overflow, footing drain, or water motor, or the contents of any privy vault, septic tank or cesspool, or the discharge or effluent from any air-conditioning machine or refrigeration unit.
(13) 
No person shall discharge or cause to be discharged any waters or wastes containing a toxic or poisonous substance, a high chlorine demand or suspended solids in sufficient quality to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals or create any hazard in the receiving waters or the effluent of the Town sewage treatment plant. Such toxic substances shall be limited to the average concentrations listed hereinafter in the sewage as it arrives at the treatment plant, and at no time shall the hourly concentration at the sewage treatment plant exceed three times the average concentration. If concentrations listed are exceeded, individual establishments will be subject to control by the Inspector in volume and concentration of wastes discharged.
Limits of Toxic Substances in Sewage
Substance
Limit
(mg/l)
Iron, as Fe
1.4
Chromium, as Cr (hexavalent)
0.10
Copper, as Cu
0.5
Chlorine
15.0
Phenol
0.8
Cyanide, as CN
0.2
Cadmium, as Cd
0.02
Zinc, as Zn
0.5
Nickel
1.0
Arsenic, as As
0.1
Barium, as Ba
2.0
Lead, as Pb
0.05
Selenium, as Se
0.02
Mercury, as Hg
0.01
Persistent pesticides
0.00
D. 
Actions in cases of prohibited discharges.
(1) 
If any waters are discharged, or are proposed to be discharged, to the public sewers, which waters contain the substances or posses the characteristics enumerated in Subsection C of this section, and which in the judgment of the Inspector may have a deleterious effect upon the sewerage works, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Inspector 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.
(d) 
Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of this article.
(2) 
If the Inspector permits the pretreatment of equalization of waste flows, the design and installation of the plans and equipment shall be subject to the review and approval of the Inspector and subject to the requirements of all applicable codes, ordinances and laws.
E. 
Grease, oil and sand interceptors shall be provided when, in the opinion of the Inspector, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand 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 Inspector and shall be located so as to readily and easily accessible for cleaning and inspection.
F. 
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.
G. 
When required by the Inspector, the owner of any property serviced by a building sewer carrying industrial waters shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilities observation, sampling and measurement of wastes. Such facilities shall be accessibly and safely located and shall be constructed in accordance with plans approved by the Inspector. The structure 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.
H. 
All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this article 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. Sampling methods, location, times, durations and frequencies are to be determined on an individual basis subject to the approval by the Inspector.
I. 
No statement contained in this article shall be constructed as preventing any special agreement or arrangement between Town and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by Town for treatment, subject to payment therefor by the industrial concern.
J. 
When pretreatment standards are adopted by United States Environmental Protection Agency (USEPA) or New York State Department of Environmental Conservation (NYSDEC), any industries using the public sewer system will immediately conform to the USEPA or NYSDEC timetable for adherence to federal or state pretreatment requirements in accordance with Section 307 of P.L. 95-217.[1]
[1]
Editor's Note: See the Clean Water Act, 33 U.S.C. § 1317, Toxic and pretreatment effluent standards.
No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of Town sewerage works. Any person violating this section shall be subject to immediate arrest under charge of disorderly conduct.
A. 
The Inspector and other duly authorized employees of the Town, New York State Department of Environmental Conservation, or United States Environmental Protection Agency bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter. The Inspector 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
While performing the necessary work on private properties referred to in Subsection A above, the Inspector or duly authorized employees of the Town shall observe all safety rules applicable to the premises established by the owner and the owner shall be held harmless for injury or death to the Town employees and the Town shall indemnify the owner against loss or damage to its property by Town employees and against liability claims and demands for personal injury or property damage asserted against the other and growing out of the gauging and sampling operation except as such may be caused by negligence or failure of the owner to maintain safe conditions as required in this chapter.
C. 
The Inspector and other duly authorized employees of the Town bearing proper credentials and identification shall be permitted to enter all private properties through which the Town holds a duly negotiated easement for the purpose 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. 
Any person found to be violating any provisions of this chapter, except § 168-2, shall be served by the Town 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 time limit established by the notice provided in Subsection A shall be guilty of a misdemeanor, and on conviction thereof, shall be fined in an amount not exceeding $1,000, subject to imprisonment not exceeding one year, or both, for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
Any person violating any of the provisions of this chapter shall become liable to the Town for any expense, loss or damage occasioned the Town by reason of such violation.
D. 
Any person who does not connect to the public sewer, as required by § 168-2 of this chapter, within one year shall be subject to a penalty of $100.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
The source of revenues for retiring debt service, capital expenditures, operation and maintenance of the public sewage works shall be a sewer use charge assigned to owners of benefited property located within the Town of Marcellus (see Attachment A[1]).
[1]
Editor's Note: Attachment A is included as an attachment to this chapter.
B. 
Sewer use charges shall be determined by the Town Board on a year-to-year basis. In addition, a biennial review of the wastewater contribution of users and user classes, the total costs of operation and maintenance of the treatment works, and its sewer use charges will be made by the Town Board. Biennial revisions made to sewer use charges will accomplish the following:
(1) 
Maintain the proportionate distribution of operation and maintenance costs among users and user classes.
(2) 
Generate sufficient revenue to pay the total operation and maintenance costs necessary to the proper operation and maintenance of the system.
(3) 
Apply excess revenues collected from a class of users to the costs of operation and maintenance attributed to the class for the next year and adjust the rate accordingly.
C. 
Any user which discharges any toxic pollutants which cause an increase in the cost of managing the effluent of the system shall pay for such increased costs as may be determined by the Town Board.
D. 
Sewer use charges will be billed annually. The annual statement will separately list debt service and operation and maintenance costs.
The invalidity of any section, clause, sentence or provision of this chapter shall not affect the validity of any other parts of this chapter which can be given effect without such invalid part or parts.