[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:
American Society for Testing and Materials.
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.
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.
The extension from the building drain to the public sewer
or other place of disposal; shall be the responsibility of the building
owner.
A sewer intended to receive both surface runoff and sewage.
Any solid wastes from the domestic and commercial preparation,
cooking and dispensing of food and from the handling, storage and
sale of produce.
The liquid wastes from industrial manufacturing processes,
as distinct from sanitary sewage.
The Town's Plumbing Inspector or his authorized deputy, agent
or representative.
Is permissive.
Any outlet into a watercourse, pond, ditch, lake or other
body of surface or groundwater.
Any individual, firm, company, association, corporation,
society, person or group having title to real property.
Any individual, firm, company, association, corporation or
group.
The logarithm of the reciprocal of the concentration of hydrogen
ions in grams per liter of solution.
The privately owned system for the treatment and ultimate
disposal of wastewater such as a septic tank, holding tank or other
system.
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.
A sewer in which all owners of abutting properties have equal
right, and which is controlled by public authority.
A sewer which carries sewage, from residences, commercial
buildings and industries, and to which storm, surface and groundwaters
are not intentionally admitted.
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.
Any arrangement of devices and structures used for treating
sewage.
A pipe or conduit for carrying sewage.
All facilities for collecting, pumping, treating and disposing
of sewage with the exception of private sewage disposal system.
Is mandatory.
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.
A pipe or conduit which carries storm and surface waters
and drainage, but excludes sewage and industrial wastes.
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.
The Town of Marcellus, New York.
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.
Water Pollution Control Federation.[1]
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.
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.
