[HISTORY: Adopted by the Town Board of the
town of Pendleton 4-7-1981. Amendments noted where applicable.]
GENERAL REFERENCES
Drainage — See Ch. 122.
Fire prevention and building construction — See
Ch. 132.
Plumbing — See Ch. 194.
[Amended 6-4-1996 by L.L. No. 1-1996; 10-2-2007 by L.L. No. 3-2007; 6-13-2022 by L.L. No. 2-2022]
A.
303(d) LIST
ABNORMAL POLLUTANT
ABNORMAL POLLUTANT SURCHARGE
ABNORMAL SEWAGE
ABNORMAL SEWAGE PERMIT
ABNORMAL SEWAGE SURCHARGE
ACT
APPLICANT
ASTM
BEST MANAGEMENT PRACTICES (BMPs)
BOD (denoting BIOCHEMICAL OXYGEN DEMAND)
BOD STRENGTH INDEX
BUILDING DRAIN
BUILDING SEWER
CODE ENFORCEMENT OFFICER (CEO)
CONSTRUCTION ACTIVITY
COOLING WATER
DEPARTMENT
ENGINEER
GARBAGE
HAZARDOUS MATERIALS
ILLICIT CONNECTION
(1)
(2)
ILLICIT DISCHARGE
INDUSTRIAL ACTIVITY
INDUSTRIAL WASTE PERMIT
INDUSTRIAL WASTES
LABORATORY DETERMINATION
MS4
MUNICIPAL SEPARATE STORM SEWER SYSTEM
NATURAL OUTLET
NONSTORMWATER DISCHARGE
NORMAL SEWAGE
OBJECTIONABLE WASTE
OWNER
P (denoting PHOSPHATE)
PERSON
pH
POLLUTANT
POLLUTED WATER OR WASTE
PREMISES
PRETREATMENT
PROPERLY OPERATING SEPTIC SYSTEM
PROPERLY SHREDDED GARBAGE
PUBLIC SEWER
PUBLICLY OWNED TREATMENT WORKS (POTW)
RULES AND REGULATIONS
S.S. STRENGTH INDEX
SANITARY SEWER
SEWAGE
SEWAGE TREATMENT PLANT
SEWAGE WORKS
SEWER
SEWER INSPECTOR
SEWER RENT
SIGNIFICANT INDUSTRIAL USER
(1)
(2)
(3)
(4)
(5)
SLUG
SPECIAL CONDITIONS
(1)
(2)
(3)
(4)
STANDARD METHODS
STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM (SPDES) STORMWATER
DISCHARGE PERMIT
STORM SEWER or STORM DRAIN
STORMWATER
STRENGTH INDEX
SUSPENDED SOLIDS
SYSTEM
TMDL
TOTAL MAXIMUM DAILY LOAD
TOWN
UNIT
UNPOLLUTED WATER OR WASTE
WASTEWATER
WATERCOURSE
Unless the
context specifically indicates otherwise, the meaning of terms used
in this chapter shall be as follows:
A list of all surface waters in the state for which beneficial
uses of the water (drinking, recreation, aquatic habitat, and industrial
use) are impaired by pollutants, prepared periodically by NYSDEC as
required by Section 303(d) of the Act. 303(d) listed waters are estuaries,
lakes and streams that fall short of state surface water quality standards
and are not expected to improve within the next two years.
Industrial waste, substance or wastewater characteristic
in excess of that found in normal sewage, but which is otherwise acceptable
into a public sewer under the terms of this chapter.
The charge levied against any person for services rendered
during treatment of abnormal pollutants or waste. This charge is intended
to partially defray the added cost of transporting and treating abnormal
pollutants or waste. This charge shall be in addition to the usual
monthly charge for sanitary sewerage service.
Any industrial waste having a suspended solids or BOD content
in excess of that found in normal sewage but which is otherwise acceptable
into a public sewer under the terms of this chapter.
A permit approved by and received from the engineer permitting
the discharge or deposit of abnormal sewage into a sanitary sewer
upon payment of a surcharge.
The charge levied against any person for services rendered
during treatment of abnormal sanitary sewage or waste. This charge
is intended to partially defray the added cost of transporting and
treating abnormal sewage or waste. This charge shall be in addition
to the usual monthly charge for sanitary sewerage service.
The Federal Clean Water Act, as amended.
The person or persons who have properly applied for permission
to hook up and install an acceptable sewer system within an organized
Town sewer improvement area.
The American Society for Testing and Materials.
Schedules of activities, prohibitions of practices, general
good housekeeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices
to prevent or reduce the discharge of pollutants directly or indirectly
to stormwater, receiving waters, or stormwater conveyance systems.
BMPs also include treatment practices, operating procedures, and practices
to control site runoff, spillage or leaks, sludge or water disposal,
or drainage from raw materials storage.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20° C., expressed in milligrams per liter.
The measure of the biochemical oxygen demand content of sewage
in parts per million (milligrams per liter).
That part of the lowest horizontal piping of a sewerage system
which receives discharge from sewerage pipes inside the walls of the
building and conveys it to the building sewer, beginning five feet
(1.5 meters) outside the inner face of the building wall.
The extension from the building drain to the public sewer
or other place of disposal.
An individual appointed by the Town Board to enforce this section. The CEO shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as the State of New York shall require for code enforcement personnel. The term "Code Enforcement Officer" or "CEO" as used in this Chapter 209 shall include "Code Enforcement Officer/Building Inspector," as that term is defined in Chapter 247, Zoning.
Any activity requiring authorization under the SPDES Permit
for Stormwater Discharges from Construction Activity, GP-02-01, as
amended or revised, including construction projects resulting in land
disturbance of one or more acres. Construction activities include
but are not limited to clearing and grubbing, grading, excavating,
and demolition.
The water discharged from any system of condensation, such
as air conditioning, cooling or refrigeration.
The New York State Department of Environmental Conservation.
The Engineer of the Town or his authorized deputy, agent
or representative.
Solid wastes from the domestic and commercial preparation,
cooking and dispensing of food and from the handling, storage and
sale of produce.
Any material, including any substance, waste, or combination
thereof, which because of its quantity, concentration, or physical,
chemical, or infectious characteristics may cause, or significantly
contribute to, a substantial present or potential hazard to human
health, safety, property, or the environment when improperly treated,
stored, transported, disposed of, or otherwise managed.
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the MS4, including but
not limited to:
Any conveyance which allows any nonstormwater discharge including
treated or untreated sewage, process wastewater, and wash water to
enter the MS4 and any connection to the storm sewer system from indoor
drains and sinks, regardless of whether said drain or connection had
been previously allowed, permitted, or approved by an authorized enforcement
agency; or
Any drain or conveyance connected from a commercial or industrial
land use to the MS4 which has not been documented in plans, maps,
or equivalent records and approved by an authorized enforcement agency.
Any direct or indirect nonstormwater discharge to the MS4, except as exempted in § 209-12D of this chapter.
Activities requiring the SPDES Permit for Discharges from
Industrial Activities Except Construction, GP-98-03, as amended or
revised.
A permit to deposit or discharge industrial waste into any
sanitary sewer in the Town.
The liquid wastes from industrial manufacturing processes,
trade, business, institutions or other SIC Index, as distinct from
sanitary sewage.
The measurements, tests and analyses of the characteristics
of waters and wastes in accordance with the methods contained in the
latest edition at the time of any such measurement, test or analysis
of Standard Methods for Examination of Water and Sewage, a joint publication
of the American Public Health Association, the American Waterworks
Association and the Water Pollution Control Federation, or in accordance
with any other method prescribed by the Commissioner by rules and
regulations promulgated pursuant to this chapter.
Municipal separate storm sewer system.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm sewers):
Any outlet into a watercourse, pond, ditch, lake or other
body of surface water or groundwater.
Any discharge to the MS4 that is not composed entirely of
stormwater.
Sewage which, when analyzed, shows by weight a daily average
of not more than 2,500 pounds per 1,000,000 gallons (300 parts per
million) of suspended solids and not more than 2,500 pounds per 1,000,000
gallons (300 parts per million) of BOD, and which is otherwise acceptable
into a public sewer under the terms of this chapter.
Any wastes that can harm either the sewers, sewer treatment
process or equipment, have an adverse effect on the receiving stream
or can otherwise endanger life, limb, public property or which constitutes
a nuisance.
The owner of record of the freehold of the premises or lesser
estate therein, a mortgagee or vendee in possession, assignee of rents,
receiver, executor, trustee, lessee or other person, firm or corporation
in control of a building.
The total phosphate determined under standard laboratory
procedures, expressed in milligrams per liter.
Any individual, firm, company, association, society, corporation,
including municipal corporation, or group.
The logarithm of the reciprocal of the weight of hydrogen
ions in grams per liter of solution.
Any substance or wastewater characteristic present in polluted
water or waste. "Pollutant" shall also mean dredged spoil, filter
backwash, solid waste, incinerator residue, treated or untreated sewage,
garbage, sewage sludge, munitions, chemical wastes, biological materials,
radioactive materials, heat, wrecked or discarded equipment, rock,
sand and industrial, municipal, and agricultural waste and ballast
discharged into water, any of which may cause or might reasonably
be expected to cause pollution of the waters of the state in contravention
of water quality standards.
Any water or liquid waste containing any of the following:
phenols or other substances to an extent imparting taste and odor
in receiving waters; toxic or poisonous substances in suspension,
colloidal state or solution; noxious odorous gases; more than 10,000
parts per million by weight of dissolved solids of which more than
2,500 parts per million are chloride; more than 10 parts per million
each of suspended solids and/or BOD; color exceeding 50 parts per
million or having a pH value of less than 5.5 or more than 9.5; and/or
any water or waste not approved for discharge into a stream or waterway
by the appropriate state or federal authority.
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
The reduction of the amount of pollutants, the elimination
of pollutants or the alteration of the nature of the pollutant properties
in wastewater to a less harmful state, prior to or in lieu of discharging
or otherwise introducing such pollutants into a publicly owned treatment
works. The reduction or alteration can be obtained by physical, chemical
or biological processes, process changes or by other means, except
as prohibited by 40 CFR 403.6, General Pretreatment Regulations for
Existing and New Sources of Pollution.
A septic system that meets the Health and Sanitation Code
of the County of Niagara and Health Department standards of the State
of New York.
The wastes from the preparation, cooking and dispensing of
food that have been shredded to such 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 to which all owners of abutting properties have equal
rights and which is controlled by public authority.
A treatment works as defined by Section 212 of the Act (33
U.S.C. § 1292). It includes any sewers that convey wastewater
to the POTW, but does not include pipes, sewers or other conveyances
not connected to a facility providing treatment.
Any additional rules and regulations adopted by the Town
of Pendleton.
The measure of the suspended solids content of sewage in
parts per million (milligrams per liter).
A sewer which carries sewage and to which storm-, surface
and ground waters are not intentionally admitted.
A combination of the water-carried wastes from residences,
business buildings, institutions and industrial establishments, together
with such groundwater as may be present.
Any arrangement of devices and structures used for treating
sewage.
All facilities for collection, pumping, treating and disposing
of sewage.
A pipe or conduit for carrying sewage.
Any person, agent or representative of the United States
Environmental Protection Agency, New York State Department of Environmental
Conservation or duly authorized employees of the Niagara County Health
Department.
A scale of charges established and imposed in the Town of
Pendleton for service by the sewer system of the Town of Pendleton.
Any user who:
Has a discharge flow of 25,000 gallons or more per average workday;
Has a flow greater than 5% of the flow in the municipality wastewater
system;
Has in his waste toxic pollutants as defined pursuant to Section
307 of the Act;
Has been identified as one of the 21 industrial categories pursuant
to Section 307 of the Act; or
Is found by the Town to have significant impact, either singly
or in combination with other contributing industries, on the treatment
or collection system.
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 24 concentrations or flows during normal operation.
Discharge compliance with water quality standards: the condition
that applies where the Town has been notified that the discharge of
stormwater authorized under its MS4 permit may have caused or has
the reasonable potential to cause or contribute to the violation of
an applicable water quality standard. Under this condition, the Town
must take all necessary actions to ensure future discharges do not
cause or contribute to a violation of water quality standards.
303(d) listed waters: the condition in the Town's MS4 permit
that applies where the MS4 discharges to a 303(d) listed water. Under
this condition, the stormwater management program must ensure no increase
of the listed pollutant of concern to the 303(d) listed water.
Total maximum daily load (TMDL) strategy: the condition in the
Town's MS4 permit where a TMDL including requirements for control
of stormwater discharges has been approved by EPA for a water body
or watershed into which the MS4 discharges. If the discharge from
the MS4 did not meet the TMDL stormwater allocations prior to September
10, 2003, the Town was required to modify its stormwater management
program to ensure that reduction of the pollutant of concern specified
in the TMDL is achieved.
The condition in the Town's MS4 permit that applies if
a TMDL is approved in the future by EPA for any water body or watershed
into which an MS4 discharges. Under this condition, the Town must
review the applicable TMDL to see if it includes requirements for
control of stormwater discharges. If an MS4 is not meeting the TMDL
stormwater allocations, the Town must, within six months of the TMDL's
approval, modify its stormwater management program to ensure that
reduction of the pollutant of concern specified in the TMDL is achieved.
Standard Methods for the Examination of Water and Wastewater
prepared and published jointly by the American Public Health Association,
American Waterworks Association and the Water Pollution Control Federation,
latest edition.
A permit issued by the Department that authorizes the discharge
of pollutants to waters of the state.
A sewer which carries storm- and surface waters and drainage,
but excludes sewage and polluted industrial wastes other than unpolluted
cooling wastes.
Rainwater, surface runoff, snowmelt and drainage.
Both the biochemical oxygen demand index and the suspended
solids strength index.
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 trunk sewers, interceptors, pumping stations, treatment
plants, outfall conduits, and so forth, designed to collect, transmit,
treat and dispose of estimated flows and loadings of participants
and other users of the system.
Total maximum daily load.
The maximum amount of a pollutant to be allowed to be released
into a water body so as not to impair uses of the water, allocated
among the sources of that pollutant.
The Town of Pendleton.
The base charge for sewer rent established in this chapter.
Any water or liquid waste containing none of the following:
phenols or other substances to an extent imparting taste and odor
in receiving waters; toxic or poisonous substances in suspension,
colloidal state or solution; noxious or odorous gases; not more than
10,000 parts per million, by weight, of dissolved solids, of which
not more than 2,500 parts per million are chloride; not more than
10 parts per million each of suspended solids and BOD; color not exceeding
50 parts per million, nor a pH value of less than 5.5 nor higher than
9.5; and/or any water or waste approved for discharge into a stream
or waterway by the appropriate state or federal authority.
Water that is not stormwater, is contaminated with pollutants
and has been or will be discarded.
A channel in which a flow of water occurs, either continuously
or intermittently.
B.
"Shall" is mandatory; "may" is permissive.
A.
It shall be unlawful for any person to place, deposit
or permit to be deposited in an unsanitary manner upon public or private
property within the town or in any area under the jurisdiction of
said town any human excrement, garbage or other objectionable waste.
B.
Unless specifically allowed by written permit of the
Town Board, there shall be no deposit, spreading, filling or storage
in any manner of organic chemical or industrial chemical material
within the town. This shall include sludges and other sewage plant
by-products. This shall not be construed to apply to farm animal manure
and its utilization or the use of Department of Environmental Conservation
(DEC) and Environmental Protection Agency (EPA) approved farm chemicals.
C.
It shall be unlawful when sewer and/or treatment facilities
are available to discharge to any natural outlet within the town or
in any area under the jurisdiction of said town any sanitary sewage,
industrial wastes or other polluted waters, unless specifically permitted
by the town and except where a federal National Pollutant Discharge
Elimination Systems (NYDES) permit has been duly issued and is currently
valid for such discharge. A valid copy of such a permit, and any modifications
thereof, must be filed with the town for an exception under this section
of this chapter.
D.
It shall be unlawful to construct any privy, privy
vault, septic tank, cesspool or other facility intended or used for
the disposal of sewage in an area where public sewers are available,
unless specifically permitted by the town or as hereinafter provided.
If application is made to the town for a temporary type toilet facility,
and if said applicant has heretofore obtained the approval of the
Niagara County Health Department, said town may consent to the usage
of the same for a temporary period not to exceed one hundred eighty
(180) days in an area where public sewers are available.
E.
The owner of all houses, buildings or properties used
for human occupancy, employment, recreation or other purposes situated
within the town and abutting on any street, alley or right-of-way
in which there is now located a public sanitary sewer 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 (90) days after
the date of official notice to do so, provided that said public sewer
is within one hundred (100) feet [thirty and five-tenths (30.5) meters]
of the property line in residential and commercial areas and within
five hundred (500) feet [one hundred fifty-two and four-tenths (152.4)
meters] of the property line in industrial areas, except where an
existing house, building or property is served by a properly operating
septic system, which shall be evidenced by a certificate of approval
from the Niagara County Health Department submitted to the Sewer District
by the homeowner. The certificate will remain in effect for five (5)
years, unless a complaint is registered or the Sewer District requests
recertification. Upon receipt of a complaint or request of the Sewer
District, a building owner will have thirty (30) days in which to
obtain a certificate of approval from the Niagara County Health Department.
In the case where a septic system is not properly operating, the owner
of such facilities shall, within (90) days after official notice to
do so, enact improvements to correct such deficiencies so as to institute
a properly operating septic system or hook up to the public sewer
system.
A.
These regulations shall apply to all sewer connection
work to either gravity sewers or low pressure sewers, including the
grinder pump stations hereafter installed in the Town of Pendleton
for the disposal of sanitary sewage and house wastes through the public
sewers.
B.
The sanitary sewer connection work to the public sewer
shall be completed within ninety (90) calendar days after the date
of official notice to do so has been issued by the Town Board or its
authorized representative.
C.
The Town Board may, upon presentation of adequate
evidence by the Code Enforcement Officer, stop and prevent the discharge
into the sewers or grinder pump stations of any substance deemed by
it liable to injure the sewers or grinder pump stations or to interfere
with their normal operation or to obstruct the flow or to hinder any
process of sewage purification.
D.
Each building which is served by a public sewer must
be connected separately and independently with the public sewer. No
multiple connections involving two (2) or more buildings will be permitted,
except by written approval of the Town Board.
E.
All connections to grinder pump stations shall be
made in accordance with the following specifications:
(1)
Sewer connections shall be laid solidly on a true
grade of not less than one-quarter (1/4) inch per foot. They shall
be laid in a straight line. Change in direction, if necessary, shall
be made with proper fittings. All pipes shall be clear of dirt or
other foreign materials as the work progresses.
(2)
The fill over and around the pipe up to a depth of
one (1) foot over the top of the pipe must be carefully selected material,
free from clay, large stones or debris. It shall be carefully compacted.
(3)
Adequate cleanouts shall be installed not over fifty
(50) feet apart so that at all times the route of flow can be rodded
or cleaned mechanically between the building and the grinder pump
unit.
(5)
All work must be inspected by the Code Enforcement
Officer or his authorized representative. No work shall be inspected
or approved unless the trench is open for its entire length and all
pipe and joints visible. Any trench backfilled before such inspection
is made and the work approved shall be reopened for its entire length
by the party performing the work. The party performing the work shall
notify the Code Enforcement Officer, giving at least twenty-four (24)
hours notice in advance of the time when the connection will be laid
and ready for inspection.
(6)
No connection will be permitted for draining stormwater,
roof water, surface water from roads, driveways, lawns, groundwater
runoff, subsurface drainage, cooling water, cellar drains, including
sump pumps or other ponded water. Stormwater and all other unpolluted
drainage shall be discharged to such sewers as are specifically designated
by the town.
(7)
Electrical.
(a)
The applicant shall be responsible for the cost
of supply, delivery and installation of all electrical parts, materials,
labor and equipment required for complete and proper operation for
the grinder pump station.
(b)
All electrical work, equipment and apparatus
provided and installed shall conform to the National Electrical Code
and the municipal and statutory requirements.
(c)
The applicant shall be responsible for the cost
of installing and connecting the following electrical equipment for
each grinder pump unit installation:
[1]
Load center: one hundred twenty/two hundred
thirty (120/230) volts, one-phase, four-pole load center in a NEMA
1 surface-mounted enclosure with a twenty-amp, two-pole breaker for
simplex grinder pump units; thirty-amp, two-pole breaker for duplex
grinder pump units; and fifteen-amp, one-pole breaker for alarm systems.
The load center shall be installed near the existing house panel.
[2]
Portable generator connection: surface mounted,
NEMA 3R. enclosure with padlock provisions with twist lock thirty-amp,
three-pole grounding cable plug and receptacle. The size of enclosure
shall be sufficient to contain a plug and receptacle, fully wired,
and to allow removal for disconnection and connection to a portable
generator unit. The enclosure shall be sixteen-gauge galvanized steel
with gray baked enamel finish. The size shall be eight by six by four
(8 x 6 x 4) inches minimum. This unit shall be mounted outside the
house on the building wall unless otherwise determined by the Town
Engineer.
[3]
Alarm panel.
[a]
The alarm panel shall be a NEMA 1 enclosure
with screw retained cover. It shall be complete with control relay,
alarm transformer and buzzer.
[b]
The alarm buzzer shall be similar to General
Electric Catalog No. GE 2226-0, except with a volume control. The
transformer shall be sized for the buzzer and be energy limiting NEC
Class 2.
[c]
The alarm panel, buzzer, transformer and control
relay shall be furnished at the cost of the applicant. Mount buzzer
on face of alarm panel.
[d]
For simplex grinder pump units installed inside,
the applicant will be responsible for the cost of providing female
twist-lock receptacles for pump power, seal failure and over-temperature.
These shall be mounted on the side of the alarm panel and wired up
complete.
[e]
For duplex grinder pump units, the applicant
shall be responsible for the cost of installing the complete alarm/control
panel.
[4]
Wire.
[a]
The applicant shall be responsible for the cost
of all wire and installation. Interior wiring shall be rated six hundred
(600) volts and may be multiconductor (Romex) or single conductor
THHN or THWN rated for wet locations. Wiring shall be VRD-type multiconductor.
[b]
Alternate exterior. As an alternate, the applicant
may install PVC conduit and wire for exterior work. PVC shall be thick-wall-approved
for use and wire shall be THWN- or THHN-approved for use.
(d)
Installation.
[1]
The applicant shall be responsible for the cost
of all wire, materials, connections, labor, tools, etc., required
for the complete electrical work associated with the grinder pump
station installations.
[2]
For all units, the applicant shall be responsible
for the cost of the load center and its installation adjacent to the
existing house panel and wire from the main feed to the load center
main breaker for electrical supply. The generator connection shall
be mounted on the outside of the building where directed. Wiring connections
through walls shall be sealed weathertight.
[3]
Wiring between pump units with manways and buildings
may be installed direct buried. Direct-buried cable shall be protected
with select backfill of sand or screenings free of rocks, sticks,
glass, etc., for a minimum of six (6) inches on top and sides and
two (2) inches below wire. The applicant will be responsible for the
cost of excavating a trench approximately one (1) foot wide and two
(2) feet deep from finish grade for the installation of direct-buried
cable. Cable shall be installed a minimum of twenty-four (24) inches
below finished grade. Approved weathertight seal shall be provided
at the entrance to the building. The manway shall be provided with
two (2) inch conduit HUB for a wire entrance. Connection at this point
shall be watertight. Wire runs within buildings shall be concealed
in finished areas. In unfinished basements, wiring may be installed
between and/or through joists and be run exposed in a neat manner.
[4]
Special care shall be taken in installation
and routing of wiring to protect existing conditions and to conceal
wiring.
[5]
Simplex units without manways (inside units)
shall be furnished with ten-foot cords with male plugs installed for
power and alarm. At time of installation, the applicant shall, at
his cost, remove plugs and shorten cords to the length required to
provide neat installation and reinstall plugs.
F.
All connections to gravity sewers shall be made in
accordance with the following specifications:
(1)
All materials used shall be in accordance with Chapter 194, Plumbing. Any part of the building sewer that is located within ten (10) feet of water service pipe shall be constructed of cast-iron soil pipe with leaded joints. Cast-iron pipe with leaded joints may be required by the town where the building sewer is exposed to damage by tree roots. If installed in 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 town. Infiltration of groundwater into any sewer shall not exceed one hundred (100) gallons per inch diameter per mile of sewer per day. The town may require infiltration tests on any sewer.
(2)
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 Chapter 132, Fire Prevention and Building Construction, and Chapter 194, Plumbing, or other applicable rules and regulations of the Town of Pendleton, but in no event shall the diameter be less than four (4) inches. The slope shall be one-eighth (1/8) inch per foot, unless otherwise permitted. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the American Society for Testing and Materials and the Water Pollution Control Federation Manual of Practice No. 9 shall apply.
(3)
Whenever possible, the building sewer shall be brought
to the building at an elevation below the basement floor. No building
sewer shall be laid parallel to or within three (3) feet of any bearing
wall, which might thereby be weakened. The depth shall be sufficient
to afford protection from frost. The building sewer shall be laid
at uniform grade. The line shall be straight. Changes in direction
greater than forty-five degrees (45°) shall be provided with cleanouts
accessible for cleaning or manholes, when approved by the town.
(4)
In all buildings in which any building drain is too
low to permit gravity flow to the public sewer, sanitary sewage carried
by such drain shall be lifted by artificial means, approved by the
town, and discharged to the building sewer.
(5)
The connection of the building sewer into the public sewer shall conform to the requirements of Chapter 132, Fire Prevention and Building Construction, and Chapter 194, Plumbing, or other applicable rules and regulations of the town, and/or the procedures set forth in appropriate specifications of the American Society for Testing and Materials and the Water Pollution Control Federation Manual of Practice No. 9. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the town before installation.
(6)
No person shall make connection of roof downspouts,
exterior foundation drains, areaway drains, footing drains, floor
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.
(7)
The applicant for the building sewer permit shall
notify the town when the building sewer is ready for inspection and
connection to the public sewer. The connections shall be made under
the supervision of the town.
(8)
All excavations for building sewer installations shall
be adequately guarded with barricades and lights so as to protect
the public from hazard. Streets, sidewalks, parkways and other public
property disturbed in the course of the work shall be restored in
a manner satisfactory to the town.
G.
No unauthorized person(s) 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 town.
H.
All building sewers and drains shall be separated
from potable house water connections by impervious soil layers measuring
one and five-tenths (1.5) feet clear out to out in a vertical direction
when the waterline is benched on undisturbed soil or as required by
the Niagara County Health Department, the New York State Health Department
and/or the New York State Uniform Fire Prevention and Building Code.
[Amended 6-4-1996 by L.L. No. 1-1996]
A.
No person shall discharge or cause to be discharged
any stormwater, groundwater, roof runoff, subsurface drainage or drainage
from downspouts, yard drains, sump pumps, yard foundations and ponds
or law sprays into any sanitary sewer, except as provided by these
rules and regulations. Water from dechlorinated swimming pools, unpolluted
industrial water, such as water drains, blowoff pipes, or cooling
water from various equipment, shall not be discharged into sanitary
sewers if a closed storm sewer is available. If a closed storm sewer
is not available, such water may be discharged into any sanitary sewer
by indirect connection whereby such discharge is cooled, if required,
and flows into the sanitary sewer at a rate not in excess of five
gallons per minute, provided that the waste does not contain materials
or substances in suspension or solution in violation of the limits
prescribed by this chapter.
[Amended 10-2-2007 by L.L. No. 3-2007]
B.
Stormwater and all other unpolluted drainage shall
be discharged to such sewers as are specifically designated as combined
sewers or storm sewers, or to a natural outlet approved by the Engineer.
Industrial cooling water or unpolluted process waters may be discharged,
on approval of the Engineer, to a storm sewer, combined sewer or natural
outlet.
A.
No person shall discharge or cause to be discharged
any of the following described waters or wastes to any public sewer:
(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, including, but not limited to, cyanides
in excess of two (2) milligrams per liter as CN in the wastes as discharged
to the public sewers.
(3)
Any waters or wastes having pH lower than five point
five (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.
(5)
Any noxious or malodorous substances which can form
a gas which, either singly or by interaction with other wastes, is
capable of causing objectionable odors or hazards to life or form
solids in concentration exceeding limits established in this chapter,
or creates any other condition deleterious to structures or treatment
processes or requires unusual provisions, attentions or expense to
handle such material.
(6)
Cooling water shall not be discharged into any public
sewer unless it is unpolluted and below one hundred fifty degrees
Fahrenheit (150° F.). If in the opinion of the town lower temperatures
of such wastes can harm either the sewers, sewer treatment process
or equipment, have an adverse effect on the receiving stream or can
otherwise endanger life, limb, public property or constitute a nuisance,
the town may prohibit such discharges.
(7)
Any substance which may cause the POTW's effluent
or any other product of the POTW, such as residues, sludge or scums,
to be unsuitable for reclamation process where the POTW is pursuing
a reuse and reclamation program. In no case shall a substance discharged
to the POTW cause the POTW to be in noncompliance with sludge use
or disposal criteria, guidelines or regulations affecting sludge use
or disposal development pursuant to the Solid Waste Disposal Act,
the Clean Air Act, the Toxic Substance Control Act or state criteria
applicable to the sludge management method being used.
B.
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 town, that such wastes can
harm either the sewers, sewer treatment process or equipment, have
on adverse effect on the receiving stream or can otherwise endanger
life, limb, public property or constitute a nuisance. In forming its
opinion as to the acceptability of these wastes, the town 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
one hundred fifty degrees Fahrenheit (150° F.) [sixty-five degrees
Celsius (65° C.)] or in such quantities that the temperature at
the treatment works influent exceeds one hundred four degrees Fahrenheit
(140° F.) [forty degrees Celsius (40° C.)].
(2)
Any water or waste containing fats, wax, grease or
oils, whether emulsified or not, in excess of one hundred (100) milligrams
per liter or containing substances which may solidify or become viscous
at temperatures between thirty-two degrees and one hundred fifty degrees
Fahrenheit (32° and 150° F.) [zero degrees and sixty-five
degrees Celsius (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 three-fourths (3/4) horsepower [seventy-six hundredths (0.76)
metric horsepower] or greater shall be subject to the review and approval
of the Engineer.
(4)
Any waters or wastes containing strong-acid iron-pickling
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 is
in excess of the concentrations prescribed herein, or other substances
that exceed the limits established by the town for such materials.
(6)
Salts of a heavy metal in solution or suspension in
concentrations exceeding the following or elements which will damage
collection facilities or are detrimental to treatment processes:
|
Substance
|
Concentration
(milligrams per liter)
| |
|---|---|---|
|
Chromium (as Cr)
|
0.25
| |
|
Copper (as Cu)
|
0.2
| |
|
Zinc (as Zn)
|
0.5
| |
|
Nickel (as Ni)
|
1.0
| |
|
Cadmium
|
0.1
| |
|
Arsenic
|
0.05
| |
|
Barium
|
1.0
| |
|
Boron
|
1.0
| |
|
Lead
|
0.05
| |
|
Manganese
|
1.0
| |
|
Mercury
|
0.005
| |
|
Selenium
|
0.02
| |
|
Silver
|
0.05
|
(7)
Any waters or wastes containing phenols or other taste-
or odor-producing substances in such concentrations exceeding limits
which may be established by the Engineer as necessary, after treatment
of the composite sewage, to meet the requirements of the state, federal
or other public agencies or jurisdictions for such discharge to the
receiving waters.
(8)
Any waters or wastes having a pH in excess of nine
point five (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.
(d)
Unusual volume of flow or concentration of wastes
constituting slugs, as defined herein.
(10)
Waters or wastes containing substances which are not
amenable to treatment or reduction by the sewage treatment processes
employed or are amenable to treatment only to such degree that the
sewage treatment plant effluent cannot meet the requirements of other
agencies.
(11)
Any water or waste that contains more than ten (10)
parts per million of the following gases: hydrogen sulfide, sulfur
dioxide or nitrous oxide.
C.
Drains receiving acid waste shall be constructed of
any acid-resisting material. Such drains located outside of a building
shall be constructed of vitrified clay or earthenware pipe or other
approved acid-resisting material. Joints shall be constructed by caulking
with asbestos rope wicking and pouring a heated sulfur and carbon
compound or a heated bituminous compound in such manner as to secure
tight joints. In no case shall corrosive waste be discharged into
a drain, sanitary sewer, storm sewer or soil or waste pipe without
being first diluted or neutralized in such manner as to render such
wastes noncorrosive. These wastes shall be treated by passing through
a properly trapped dilution or neutralizing catch basin which shall
function automatically.
D.
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 Subsection B of this section and which, in the judgment of the town, may have a deleterious effect upon the sewage works, processes, equipment or receiving waters or which otherwise create a hazard to life or constitute a public nuisance, the Engineer may:
E.
If the town 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 town and subject
to the requirements of all applicable codes, ordinances and laws.
F.
Grease, oil and sand interceptors shall be provided
when, in the opinion of the town, 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 Engineer and shall be located as to be readily and
easily accessible for cleaning and inspection.
G.
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.
H.
The admission into the public sewers of any waters
or wastes of abnormal strength or containing any quantity of substances
having the characteristics described in this section or having an
average daily flow greater than two percent (2%) of the average daily
sewage flow of the town shall be subject to review and approval of
the town. Where necessary, in the opinion of the town, the owner shall
provide, at his expense, such preliminary treatment as may be necessary
to reduce the five-day BOD, suspended solids, phosphate or objectionable
characteristics or constituents to within the maximum limits provided
for in this section or control the quantities and rates of discharge
of such waters or wastes. Plans, specifications and other pertinent
information relating to proposed preliminary treatment facilities
shall be prepared and submitted by a qualified engineer for the approval
of the town, and no construction of such facilities shall be commenced
until said approvals are obtained in writing.
I.
Where the strength of sewage from an industrial, commercial
or institutional establishment exceeds three hundred (300) parts per
million of biochemical oxygen demand or three hundred (300) parts
per million by weight or suspended solids or the total phosphorous,
measured as P, is greater than ten (10) parts per million by weight
and where such wastes are permitted to be discharged to the sewer
system by the town, an added charge, as noted below, will be made
against such establishment according to the strength of such wastes.
The strength of such wastes shall be determined by composite samples
taken over a sufficient period of time to ensure a representative
sample. The cost of sampling and testing shall be borne by the industry
or establishment, whether owner or lessee. Tests shall be made by
an independent laboratory. Added charges shall be determined by the
town in their rules and regulations governing abnormal pollution surcharges.
These charges shall be based on the cost of operation, maintenance,
administration, depreciation, and amortization plus sufficient coverage
for the sewage works.
J.
Where preliminary treatment facilities are provided
for any waters and wastes, they shall be maintained continuously in
satisfactory and effective operation by the owner at his expense.
K.
The owner of any property served by a building sewer
carrying industrial wastes shall install a wastewater flow meter and
sampling device in a suitable control manhole in the building sewer
to facilitate observation, sampling and measurement of the wastes.
Such manhole shall be accessibly and safely located, and shall be
constructed in accordance with plans approved by the town. 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.
L.
To determine the sewage flow from any establishment,
the Engineer may use one (1) of the following methods:
(1)
The amount of water supplied to the premises by the
town or a private water company as shown upon the water meter if the
premises are metered;
(2)
If the premises are supplied with river water or water
from private wells, the amount of water supplied from such sources
as estimated by the town from the water, gas or electric supply;
(3)
If such premises are used for an industrial or commercial
purpose of such nature that the water supplied to the premises cannot
be entirely discharged into the sewer system, the estimate of the
amount of sewage discharged into the sewer system made by the town
from the water, gas or electric supply;
(4)
The number of gallons of sewage discharged into the
sewer system as determined by measurements and samples taken at a
wastewater flow meter and sampling device installed by the owner of
the property served by the sewer system at his own expense, in accordance
with the terms and conditions of the permit issued by the town pursuant
to this section; or
(5)
A figure determined by the town by any combination
of the foregoing or by any other equitable method.
M.
Industrial permits.
(1)
No industrial wastewater shall be discharged to a
trunk sewer or a sewer discharging directly or indirectly to a trunk
sewer until a permit for industrial wastewater discharge has been
approved by the town.
(2)
Permit applications shall include volume, constituents
and characteristics of wastewater, flow rates, each product produced
by type, amount and rate of production, and a description of activities,
facilities and plant process on the premises, including all materials
processed and types of materials which are or could be discharged.
(3)
On industrial user permits, terms and conditions may
be rescinded or subject to modification and change by the Town Board
of the Town of Pendleton.
(4)
The maximum time period for the permit to discharge
shall be four (4) years, which may be renewed by approval of the Town
Board of the Town of Pendleton.
(5)
A permit shall not be reassigned or transferred or
sold to a new owner, new user, different premises or a new or changed
operation.
(6)
An industrial discharger shall apply for a permit
modification if production or process is changed so that the wastewater
characteristics or flow is altered.
(7)
When pretreatment regulations are adopted by the United
States Environmental Protection Agency (USEPA) or New York State Department
of Environmental Conservation (NYSDEC) for industry, then that industry
must immediately conform to the USEPA or NYSDEC timetable for adherence
to federal or state pretreatment requirements and any other applicable
requirements promulgated by USEPA or NYSDEC in accordance with Section
307 of the PL 95-217. Additionally, such industries shall comply with
any more stringent standards necessitated by local conditions as determined
by the town.
N.
No statement contained in this section shall be construed
as preventing any special agreement or arrangement between the town
and any industrial concern whereby an industrial waste of unusual
strength or character may be accepted by the town subject to payment
therefor by the industrial concern.
No unauthorized person shall enter or maliciously,
willfully or negligently break, damage, destroy, uncover, deface or
tamper with any structure, appurtenance or equipment which is part
of the municipal sewage works.
A.
The Sewer Inspector or other duly authorized employees
of the town bearing proper credentials and identification shall be
permitted to enter all sewered properties for the purpose of inspection,
observation, measurement, sampling, maintenance and testing for conformance
with the provisions of this chapter within forty-eight (48) hour proper
notification or with a suitable writ issued by a court of law. The
Engineer 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 6-4-1996 by L.L. No. 1-1996]
B.
The Sewer Inspector bearing proper credentials and identification may also have the right within forty-eight (48) hour proper notification or with a suitable writ issued by a court of law to enter all properties for the purpose of determining if a septic system is operating properly as provided in § 209-2.
C.
While performing the necessary work on private properties referred to in Subsection B above, the Engineer and/or duly authorized employees of the town 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 town employees, and the town shall indemnify the company 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 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 by this chapter.
D.
The Engineer and/or other duly authorized employees of the Town Sewer District bearing proper credentials and identification may be permitted to enter all private properties through which the district 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 and Subsection B of this section.
[Amended 6-4-1996 by L.L. No. 1-1996]
A.
Any violation of § 209-2, 209-4 or 209-5 of this chapter is hereby declared a violation, except as otherwise provided by law. Any person who violates the provisions of § 209-2, 209-4 or 209-5, upon conviction thereof in a court of competent jurisdiction, may be punished by a fine of not more than two hundred fifty dollars ($250.) or by imprisonment for a term of not more than fifteen (15) days, or both, and each day on which there is a failure to comply shall be and is hereby declared to be a distinct and separate offense and punishable as such.
B.
Any violation of § 209-6 is hereby declared a misdemeanor except as otherwise provided by law. Any person who violates the provisions of § 209-6, upon conviction thereof in a court of competent jurisdiction, may be punished by a fine of not more than ten thousand dollars ($10,000.), and each day on which there is a failure to comply shall be and is hereby deemed to be a distinct and separate offense and punishable as such.
C.
Any person violating any of the provisions of this
chapter shall become liable to the district for such expense, loss
or damage occasioned the district by reason of such violation.
A.
All industry cost recovery formulas used by the town
shall be the same as those of the Niagara County Sewer District No.
1 as they now exist or as they may change from time to time.
B.
Rates for sewer rents.
[Added 6-4-1996 by L.L. No. 1-1996]
(1)
Pursuant to Article 14-F of the General Municipal
Law of the State New York, there are hereby established the following
sewer rents for producing revenue for all improvement districts within
the Town of Pendleton.
(2)
The sewer charge for services to real property within
the Town of Pendleton improvement districts shall be as follows:
(a)
Each owner or other person in control of premises
using the POTW shall pay a sewer rent for wastewater disposal, which
rent shall be determined annually by the Town of Pendleton within
the sewer budget. Each dwelling unit (EDU) and each commercial, institutional
and industrial user within any of the Town of Pendleton sewer improvement
districts shall be responsible for payment of an equivalent dwelling
unit charge based upon one (1) such unit for each forty-four thousand
(44,000) gallons of water consumed per year.
(3)
Consumption of water shall be based upon the most
recent annual reading prior to the rent levy or the best estimate
of the Town of Pendleton.
(4)
The rate per unit and gallons per unit shall be established
from time to time by resolution of the Town Board.
(5)
Sewer rents shall constitute a lien upon the real
property served by the sewer system pursuant to Article 14-F of the
General Municipal Law. Sewer rents will be billed annually as provided
by said law, which bill will provide that if not paid within thirty
(30) days of the date of said bill, a penalty in the amount of ten
percent (10%) will be added. Any unpaid bills shall be presented in
the form of notice of lien to the Niagara County Legislature on or
before November 1 of any year, which Board shall levy the amounts
contained in such statement against the real property liable at the
same time and in the same manner as county or town taxes. Said amount
shall be set forth in a separate column in the annual tax rolls. The
amounts so levied, including penalty, shall be collected and enforced
in the same manner and at the same time as may be provided by law
for the collection and enforcement of county and town taxes.
(6)
Sewer rents shall become due and payable thirty (30)
days after billings as above provided, which billing will be based
upon operation and maintenance (O & M) charges as set forth in
the annual budget of the Town of Pendleton pursuant to this section.
(7)
Each equivalent dwelling unit receiving sewer service
and subject to sewer rents pursuant hereto not being assessed a direct
capital sewer charge pursuant to this section shall be liable for
a sewer charge for sewer rent in an amount to be determined by the
Town Board based on budget requirements per EDU per year such unit
is not paying an assessed valuation charge for sewer service in addition
to the sewer rent provided in this section.
The terms, conditions, rules, regulations, definitions,
requirements, restrictions, use, charges, rates, permits, power and
authority of inspectors and penalties contained in this chapter and
the rules and regulations of the town are complementary, and what
is called for by any one (1) shall be as binding as if called for
by both.
[Added 10-2-2007 by L.L. No. 3-2007]
A.
Purpose/intent. The purpose of this section is to
provide for the health, safety, and general welfare of the citizens
of the Town of Pendleton through the regulation of nonstormwater discharges
to the MS4 to the maximum extent practicable as required by federal
and state law. This law establishes methods for controlling the introduction
of pollutants into the MS4 in order to comply with the requirements
of the SPDES General Permit for MS4s. The objectives of this section
are:
(1)
To meet the requirements of the SPDES General Permit
for Stormwater Discharges from MS4s, Permit No. GP-02-02, or as amended
or revised;
(2)
To regulate the contribution of pollutants to the
MS4 since such systems are not designed to accept, process or discharge
nonstormwater wastes;
(3)
To prohibit illicit connections, activities and discharges
to the MS4;
(4)
To establish legal authority to carry out all inspection,
surveillance and monitoring procedures necessary to ensure compliance
with this law; and
(5)
To promote public awareness of the hazards involved
in the improper discharge of trash, yard waste, lawn chemicals, pet
waste, wastewater, grease, oil, petroleum products, cleaning products,
paint products, hazardous waste, sediment and other pollutants into
the MS4.
B.
Applicability and conflict.
(1)
Applicability. This section shall apply to all water
entering the MS4 generated on any developed or undeveloped lands unless
explicitly exempted by an authorized enforcement agency.
(2)
Conflict. Where the conditions imposed by any provisions
of this section are either more restrictive or less restrictive than
comparable conditions imposed by any other applicable law, ordinance,
resolution, rule or regulation of any kind, the regulations which
are more restrictive and impose higher standards or requirements shall
govern.
C.
Responsibility for administration. The CEO shall administer,
implement, and enforce the provisions of this section. Such powers
granted or duties imposed upon the authorized enforcement official
may be delegated in writing by the CEO as may be authorized by the
municipality.
D.
Discharge prohibitions.
(1)
Prohibition of illegal discharges. No person shall
discharge or cause to be discharged into the MS4 any materials other
than stormwater except as provided below. The commencement, conduct
or continuance of any illegal discharge to the MS4 is prohibited except
as described as follows:
(a)
The following discharges are exempt from discharge
prohibitions established by this section, unless NYSDEC or the Town
has determined them to be substantial contributors of pollutants:
water line flushing or other potable water sources, landscape irrigation
or lawn watering, existing diverted stream flows, rising groundwater,
uncontaminated groundwater infiltration to storm sewers, uncontaminated
pumped groundwater, foundation or footing drains, crawl space or basement
sump pumps, air conditioning condensate, irrigation water, springs,
water from individual residential car washing, natural riparian habitat
or wetland flows, dechlorinated swimming pool discharges, residential
street wash water, water from fire-fighting activities, and any other
water source not containing pollutants. Such exempt discharges shall
be made in accordance with an appropriate plan for reducing pollutants.
(b)
Discharges approved in writing by the CEO to
protect life or property from imminent harm or damage; provided that
such approval shall not be construed to constitute compliance with
other applicable laws and requirements, and further provided that
such discharges may be permitted for a specified time period and under
such conditions as the CEO may deem appropriate to protect such life
and property while reasonably maintaining the purpose and intent of
this section.
(c)
Dye testing in compliance with applicable state
and local laws is an allowable discharge, but requires a verbal notification
to the CEO prior to the time of the test.
(d)
The prohibition of illegal discharges shall
not apply to any discharge permitted under a SPDES permit, waiver,
or waste discharge order issued to the discharger and administered
under the authority of NYSDEC, provided that the discharger is in
full compliance with all requirements of the permit, waiver, or order
and other applicable laws and regulations, and provided that written
approval has been granted for any discharge to the MS4.
(2)
Prohibition of illicit connections.
(a)
The construction, use, maintenance or continued
existence of illicit connections to the MS4 is prohibited.
(b)
This prohibition expressly includes, without
limitation, illicit connections made in the past, regardless of whether
the connection was permissible under law or practices applicable or
prevailing at the time of connection.
(c)
A person is considered to be in violation of
this section if the person connects a line conveying sewage to the
MS4, or allows such a connection to continue.
E.
Prohibition against activities contaminating stormwater.
(2)
Upon notification to a person that he or she is engaged
in activities that cause or contribute to violations of the Town's
MS4 SPDES stormwater discharge permit authorization, that person shall
take all reasonable actions to correct such activities such that he
or she no longer causes or contributes to violations of the Town's
MS4 SPDES stormwater discharge permit authorization.
F.
Requirement to prevent, control, and reduce stormwater pollutants by the use of best management practices. Where the CEO has identified illicit discharges or an activity contaminating stormwater, as defined in Subsection E of this section, the Town may require implementation of BMPs to control those illicit discharges and activities.
(1)
The owner or operator of a commercial or industrial
establishment shall provide, at his or her own expense, reasonable
protection from accidental discharge of prohibited materials or other
wastes into the MS4 through the use of structural and nonstructural
BMPs.
(2)
Any person responsible for a property or premises, which is, or may be, the source of an illicit discharge, or an activity contaminating stormwater, as defined in Subsection E of this section, may be required to implement, at said person's expense, additional structural and nonstructural BMPs to reduce or eliminate the source of pollutant(s) to the MS4.
(3)
Compliance with all terms and conditions of a valid
SPDES permit authorizing the discharge of stormwater associated with
industrial activity, to the extent practicable, shall be deemed compliance
with the provisions of this section.
G.
Industrial or construction activity discharges. Any
person subject to an industrial or construction activity SPDES stormwater
discharge permit shall comply with all provisions of such permit.
Proof of compliance with said permit may be required in a form acceptable
to the Town prior to the allowing of discharges to the MS4.
H.
Suspension of access to MS4.
(1)
Illicit discharges in emergency situations. The CEO
may, without prior notice, suspend MS4 discharge access to a person
when such suspension is necessary to stop an actual or threatened
discharge which presents or may present imminent and substantial danger
to the environment, to the health or welfare of people, or to the
MS4. The CEO shall notify the person of such suspension within a reasonable
time thereafter in writing of the reasons for the suspension. If the
violator fails to comply with a suspension order issued in an emergency,
the CEO may take such steps as deemed necessary to prevent or minimize
damage to the MS4 or to minimize danger to people.
(2)
Suspension due to the detection of illicit discharge.
Any person discharging to the MS4 in violation of this section may
have his or her MS4 access terminated if such termination would abate
or reduce an illicit discharge. The CEO will notify a violator in
writing of the proposed termination of its MS4 access and the reasons
therefor. The violator may petition the CEO for a reconsideration
and hearing. Access may be granted by the CEO if he/she finds that
the illicit discharge has ceased and the discharger has taken steps
to prevent its recurrence. Access may be denied if the CEO determines
in writing that the illicit discharge has not ceased or is likely
to reoccur. A person commits an offense if the person reinstates MS4
access to the premises terminated pursuant to this section without
the prior approval of the CEO.
I.
Access and monitoring of discharges.
(2)
Access to facilities.
(a)
The CEO shall be permitted to enter and inspect
facilities subject to regulation under this section as often as may
be necessary to determine compliance with this section. If a discharger
has security measures in force which require proper identification
and clearance before entry into its premises, the discharger shall
make the necessary arrangements to allow access to the CEO.
(b)
Facility operators shall allow the CEO ready
access to all parts of the premises for the purposes of inspection,
sampling, examination and copying of records as may be required to
implement this section.
(c)
The Town shall have the right to set up on any
facility subject to this section such devices as are necessary in
the opinion of the CEO to conduct monitoring and/or sampling of the
facility's stormwater discharge.
(d)
The Town has the right to require the facilities
subject to this section to install monitoring equipment as is reasonably
necessary to determine compliance with this section. The facility's
sampling and monitoring equipment shall be maintained at all times
in a safe and proper operating condition by the discharger at its
own expense. All devices used to measure stormwater flow and quality
shall be calibrated to ensure their accuracy.
(e)
An unreasonable delay in allowing the CEO access
to a facility subject to this section is a violation of this section.
A person who is the operator of a facility subject to this section
commits an offense if the person denies the CEO reasonable access
to the facility for the purpose of conducting any activity authorized
or required by this section.
(f)
If the CEO has been refused access to any part
of the premises from which stormwater is discharged, and he/she is
able to demonstrate probable cause to believe that there may be a
violation of this section, or that there is a need to inspect and/or
sample as part of a routine inspection and sampling program designed
to verify compliance with this section or any order issued hereunder,
then the CEO may seek issuance of a search warrant from any court
of competent jurisdiction.
J.
Notification of spills. Notwithstanding other requirements
of law, as soon as any person responsible for a facility or operation,
or responsible for emergency response for a facility or operation
has information of any known or suspected release of materials which
are resulting or may result in illegal discharges or pollutants discharging
into the MS4, said person shall take all necessary steps to ensure
the discovery, containment, and cleanup of such release. In the event
of such a release of hazardous materials, said person shall immediately
notify emergency response agencies of the occurrence via emergency
dispatch services. In the event of a release of nonhazardous materials,
said person shall notify the Town in person or by telephone or facsimile
no later than the next business day. Notifications in person or by
telephone shall be confirmed by written notice addressed and mailed
to the Town within three business days of the telephone notice. If
the discharge of prohibited materials emanates from a commercial or
industrial establishment, the owner or operator of such establishment
shall also retain an on-site written record of the discharge and the
actions taken to prevent its recurrence. Such records shall be retained
for at least three years.
K.
Enforcement.
(1)
Notice of violation.
(a)
When the CEO finds that a person has violated
a prohibition or failed to meet a requirement of this section, he
or she may order compliance by written notice of violation to the
responsible person. Such notice may require, without limitation:
[1]
The elimination of illicit connections or discharges;
[2]
That violating discharges, practices, or operations
shall cease and desist;
[3]
The abatement or remediation of stormwater pollution
or contamination hazards and the restoration of any affected property;
[4]
The performance of monitoring, analyses, and
reporting;
[5]
Payment of a fine; and
[6]
The implementation of source control or treatment
BMPs.
(b)
If abatement of a violation and/or restoration
of affected property is required, the notice shall set forth a deadline
within which such remediation or restoration must be completed. Said
notice shall further advise that, should the violator fail to remediate
or restore within the established deadline, the work will be done
by a designated governmental agency or a contractor and the expense
thereof shall be charged to the violator.
(2)
Penalties. In addition to or as an alternative to
any penalty provided herein or by law, any person who violates the
provisions of this section shall be guilty of a violation punishable
by a fine not exceeding $350 or imprisonment for a period not to exceed
six months, or both for conviction of a first offense; for conviction
of a second offense, both of which were committed within a period
of five years, punishable by a fine not less than $350 nor more than
$700 or imprisonment for a period not to exceed six months, or both;
and upon conviction for a third or subsequent offense, all of which
were committed within a period of five years, punishable by a fine
not less than $700 nor more than $1,000 or imprisonment for a period
not to exceed six months, or both. However, for the purposes of conferring
jurisdiction upon courts and judicial officers generally, violations
of this section shall be deemed misdemeanors and for such purpose
only all provisions of law relating to misdemeanors shall apply to
such violations. Each week's continued violation shall constitute
a separate additional violation.
L.
Appeal of notice of violation. Any person receiving
a notice of violation may appeal the determination of the CEO to the
Town Board within 15 days of its issuance, which shall hear the appeal
within 30 days after the filing of the appeal, and within five days
of making its decision, file its decision in the office of the municipal
clerk and mail a copy of its decision by certified mail to the discharger.
M.
Corrective measures after appeal.
(1)
If the violation has not been corrected pursuant to
the requirements set forth in the notice of violation, or, in the
event of an appeal, within five business days of the decision of the
municipal authority upholding the decision of the CEO, then the CEO
shall request the owner's permission for access to the subject private
property to take any and all measures reasonably necessary to abate
the violation and/or restore the property.
(2)
If refused access to the subject private property,
the CEO may seek a warrant in a court of competent jurisdiction to
be authorized to enter upon the property to determine whether a violation
has occurred. Upon determination that a violation has occurred, the
CEO may seek a court order to take any and all measures reasonably
necessary to abate the violation and/or restore the property. The
cost of implementing and maintaining such measures shall be the sole
responsibility of the discharger.
N.
Injunctive relief. It shall be unlawful for any person
to violate any provision or fail to comply with any of the requirements
of this section. If a person has violated or continues to violate
the provisions of this section, the CEO may petition for a preliminary
or permanent injunction restraining the person from activities which
would create further violations or compelling the person to perform
abatement or remediation of the violation.
O.
Alternative remedies.
(1)
Where a person has violated a provision of this section,
he/she may be given alternative remedies in lieu of a civil penalty,
upon recommendation of the Town Attorney and concurrence of the CEO,
where:
P.
Violations deemed a public nuisance. In addition to
the enforcement processes and penalties provided, any condition caused
or permitted to exist in violation of any of the provisions of this
section is a threat to public health, safety, and welfare, and is
declared and deemed a nuisance, and may be summarily abated or restored
at the violator's expense, and/or a civil action to abate, enjoin,
or otherwise compel the cessation of such nuisance may be taken.
Q.
Remedies not exclusive. The remedies listed in this
section are not exclusive of any other remedies available under any
applicable federal, state or local law and it is within the discretion
of the authorized enforcement agency to seek cumulative remedies.
[Added 7-7-2009 by L.L. No. 1-2009; amended 6-13-2022 by L.L. No. 2-2022]
A.
Prior to transfer of real property, which is connected to the Town's
water system or sewer system, the Town Water and Sewer Department
shall be notified.
B.
The current owner shall provide access to the premises to allow inspection
for:
(1)
Water line backflow prevention. If a backflow prevention device has
not been installed, it shall be installed prior to transfer.
(2)
Proper connection of sewer lines to the sewer system.
(3)
Proper functions of grinder pumps if applicable.
(4)
Inspection to ensure that stormwater and sump pump flow does not
enter the sanitary sewer system.
(5)
Final water meter reading.
C.
A fee shall be established for such inspections, described in the
Town of Pendleton Fee Schedule, adopted by the Town Board by resolution,
as may be amended from time to time. Prior to transfer, any required
water maintenance repairs shall be performed to comply with Town codes
and regulations.
D.
If an inspection shall not take place prior to transfer due to failure
to notify the Water and Sewer Department or failure to pay the required
fee as described above, the new owner of the premises shall become
responsible for the inspection and any necessary repairs or work to
come into compliance with water and sewer requirements, and the fee
shall be added to the water and sewer billing.
[Added 4-8-2019 by L.L.
No. 1-2019]
A.
Purpose. The Town of Pendleton as owner/operator of the sanitary
sewer collection system is required under direction of the New York
State Department of Environmental Conservation to reduce infiltration
and inflow (I & I) of water into the sewage system on a 4:1 ratio
for each proposed new source of inflow (i.e., new users) into the
sewer system. Accommodating that requirement is difficult for developers
as the improvements may be extremely costly and therefore not a cost
efficient mechanism for addressing I & I. Accordingly, the Town
is establishing a Sewer Remediation Trust Fund into which developers
may pay funds which the Town will use to reduce I & I on the most
efficient basis possible. Funds deposited will be used to support
Town projects reducing I & I flows.
B.
Establishment of fund. There is hereby established the Town of Pendleton
Sewer Remediation Trust Fund.
C.
Responsibilities of new sewer system users. Prior to hooking up to
the Town sewer system, new users are required to file an application
for a sanitary sewer extension approval from the NYSDEC, or its designated
agent, for any connection designed or intended to convey 2,500 gallons
per day or more of residential sewage alone or in combination with
storm water and shall perform projects reducing I & I on a 4:1
ratio, pay into Town of Pendleton Sewer Remediation Trust Fund, or
a combination of both.
D.
Credit for remediation efforts. Credit for remediation efforts shall
be based on the attached Schedule A, Erie County Division of Sewerage
Management General Infiltration and Inflow (I & I) Contribution
Removal Values by Source, which the Town Board may by resolution amend
from time to time.[1]
[1]
Editor's Note: Said schedule is on file in the Town offices.
E.
Payment rate. Payments into the Town of Pendleton Sewer Remediation
Trust Fund shall be at a rate of $100 per GPM for new projects, based
on the Town's cost to remediate. The Town Board may by resolution
amend the amount of credits from time to time.
