[HISTORY: Adopted by the Town Board of the Town of Moreau as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-9-1998 by L.L. No. 5-1998]
For the purpose of this chapter, the word usage, definitions and abbreviations of terms are as follows:
The terms used in these rules and regulations shall have the same meaning as the terms defined in the Federal Water Pollution Control Act (sometimes referred to as the "Clean Water Act") and federal and New York regulations, except when the context herein clearly required otherwise or except as hereinafter provided.
- The rules and regulations for Sewer District No. 1, Chapter 115 of the Code of the Town of Moreau.
- American Society for Testing and Materials.
- The Board of Water and Sewer Commissioners of the City of Glens Falls, a municipal corporation with offices at 42 Ridge Street, Glens Falls, New York.
- State of New York Department of Environmental Conservation or its successor, if any.
- Sewer District No. 1.
- United States Environmental Protection Agency or its successor, if any.
- The city's wastewater treatment plant and appurtenant facilities located on a parcel of land on Shermantown Road, Glens Falls, New York.
- Gallons per day.
- INDUSTRIAL USER or USER
- The owner or operator of property used for an industrial purpose.
- The person or firm designated by the Sewer Superintendent to observe the installation of the sewer system to determine if the labor performed and the materials furnished are in compliance with the approved design plans and specifications. The inspector shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work, since these are solely the contractors responsibility.
- METER or SEWER METER
- A device used in connection with measuring the quantity of sewage discharging to the sewer system.
- Millions of gallons per day.
- Occupational Safety and Health Administration, United States Department of Labor.
- PRIVATE PROPERTY
- Lands located within the designated subdivision lot boundary as shown on the Moreau Industrial Park Subdivision Maps.
- PUBLICLY OWNED TREATMENT WORKS (POTW)
- Shall have the same meaning as the terms "sewer system."
- RECORD DRAWINGS
- Drawings depicting the location and related details and condition of improvements such as sewer mains, laterals, sampling stations, meters and appurtenances made in the connection of sewer service to premises.
- The street right-of-way as shown on the Moreau Industrial Park Subdivision Maps.
- SEWER LINES
- Collection and transportation system operated by the town and used to convey town wastewater to the facility, including but not limited to sewer pipes, pump stations and force mains.
- SEWER SYSTEM
- Sewer lines, comprising all property, structures and equipment used for the collection, transportation and treatment of wastewater within the town.
- SIGNIFICANT INDUSTRIAL USER
- An industrial user which discharges waste subject to pretreatment pursuant to 40 CFR Part 403, as amended, and Chapter 177 (formerly 88) of the Code of the city, as amended.
- SUPERINTENDENT or SEWER SUPERINTENDENT
- Sewer Superintendent of the district or the Deputy Sewer Superintendent.
- TOWN INDUSTRIAL USER (TOWN IU)
- An industrial user located within Sewer District No. 1.
- TOWN OF MOREAU
- Also when referring to individuals (i.e., Town Clerk, Town Supervisor, Town Board), it shall be the Town of Moreau.
- TOWN SIGNIFICANT INDUSTRIAL USER (TOWN SIU)
- A significant industrial user located within Sewer District No. 1.
- USER or OWNER
- The party that discharges wastewater to the sewer system, including domestic, commercial and industrial discharges.
- Liquid and water-carried domestic, commercial, industrial or municipal wastes discharged to the sewer system. Wastewater shall not include groundwater, surface water or stormwater, except as found nonexcessive in a report prepared by The Saratoga Associates entitled "Engineering Report on Moreau Industrial Park" dated October 29, 1991, incorporated herein by reference.
- Water Pollution Control Federation.
There shall be appointed for Sewer District No. 1, in the same manner and for such terms and on such basis as the Town Board may determine, a Sewer Superintendent who, on behalf of the Town Board, shall have the responsibility for the general supervision of the operation of the sewer system in said district, shall issue all permits required hereby and shall read the meters at intervals as determined by the Town Board and immediately make report of such readings by filing the same with the Town Clerk.
It shall be the duty of the Town Clerk of said town to promptly bill and collect the sewer service charges and report the same to the Town Board at each regular monthly meeting thereof.
Claims and charges against the district shall be audited and paid in the same manner as town charges.
In order to assess appropriate charges and assure compliance with agreements and applicable statutes, ordinances and regulations, each user shall construct and maintain a metering station, including flow meters, composite sampling as deemed necessary by the Superintendent and related equipment such as records and charts showing the individual use of the facility by the user.
In the event that the city or the town deems it necessary for the user to construct its own sampling and/or metering facility, either initially with the issuance of the permit or at a future time, the following will apply:
The user shall submit the plans and specifications for a composite metering system, and sampling system as deemed necessary, to the town for review; the user shall not undertake construction without receiving town approval of the proposed installation. The user shall be responsible for the costs of all such measuring and sampling equipment, including engineering, design, replacements and installation costs. The town and city shall inspect the completed installation to assure conformity with the approved plans. The town and city shall have access to and control of said measuring and sampling equipment at all times. In addition, the user shall establish monitoring and testing procedures and methods in accordance with good engineering practice to ensure the conformance of use of the facility by the user with the abovementioned requirements. Samples shall be analyzed by the user through a qualified professional in accordance with the latest procedures and requirements mandated by the city, EPA and DEC for the analysis of wastewater. Copies of all results of such analysis shall be furnished promptly to the town and city. The user will be responsible for operation and maintenance costs connected with the metering and sampling station. The user will provide all completed sampling and metering records to the town within the first 10 days of each month for the previous month. If, in the opinion of the Sewer Superintendent, the user is not performing its sampling and metering in an acceptable manner, the town shall have the right to terminate service. Any costs incurred by the town in connection with the sampling and metering of the individual user will be reimbursed to the town by the user.
No person or corporation shall connect to the district sewer system for any purpose whatsoever without having obtained a permit, upon written application therefor, after having first paid the charges pertaining to the connection to the premises.
All significant industrial users must apply for and obtain an industrial wastewater permit from the city and the town prior to discharging any industrial wastewater into the town's sewer system. See the attached document entitled "City of Glens Falls Industrial Wastewater Discharge Permit."
Editor's Note: Said document is on file in the Town Clerk's office.
All significant industrial users shall enter into an agreement with the city, in the form prescribed by the city and/or the town.
All applications for sewer collection for any premises shall be made upon an application form furnished by the district for such purpose and shall be signed by the owner or his, her or its duly authorized agent and shall include a completed industrial waste survey in the form prescribed by the city and/or the town, and acceptable to the DEC and city pursuant to 40 CFR Part 403, and Chapter 177 (formerly 88) of the City Code, as amended; and the city and each significant industrial user shall enter an agreement in the form incorporated herein by reference. In conducting its industrial waste survey, the user shall use the standard NYSDEC industrial chemical survey forms (along with standard survey forms) supplied by the DEC.
All users of the facility shall be legally bound to comply with all applicable provisions of the Federal Water Pollution Control Act, as amended, and regulations promulgated pursuant thereto, including but not limited to 40 CFR Part 403, and Chapter 177 (formerly 88) of the City Code, as amended, and Appendix A of the agreement between the city and the town, incorporated herein by reference, and shall engage in pretreatment as may be required, establish metering and sampling facilities, issue reports and in general perform all acts mandated by the aforesaid legal authorities.
No person, corporation or contractor shall make any attachment to or connection with any of the pipes or mains of the district nor make any repairs, additions or alterations to the sewer or lateral pipes, except on the user's side of the metering system and/or sampling system, unless he is an employee of the district or a person or corporation authorized, in writing, to do so by the Sewer Superintendent.
Any person or corporation may make application to the Sewer Superintendent for the purposes set forth in § 115-8.
Except in the case of work done wholly on the owner's property on the owner's side of the metering system and/or sampling system, such application shall be accompanied by the bond, the sum of which is to be determined by the Sewer Superintendent, with one or more sureties acceptable to the Town Board, conditioned that he, she or it will comply with this article, will pay to the district all fees, penalties or other charges required hereby in consequence of the work undertaken and that he, she or it will restore openings made in streets, roads, lanes and other public places and pavement thereon and therein to the same standard of condition as before the work started and keep and maintain the same in such condition for a period of one year after the work has been completed and, in case of failure so to do, will pay to the proper authority the cost of putting the same in such condition. The bond shall also include the amount necessary to reimburse the district for inspection fees as required by § 115-28. The Town Board may, at its discretion, grant or deny such application. Such permission, so given, may be revoked by the Town Board at any time.
No person or corporation shall tap any sewer main or lateral pipe or make or interfere with any connection with the sewer system unless under the direction of and in the presence of the Sewer Superintendent or unless he is an employee of the district or unless specific written permission in each case is given by the Sewer Superintendent, nor shall any person or corporation make any alterations or additions in and about sewer pipes, other than on the owner's side of the metering system and/or sampling system, unless a permit shall have been given by the Sewer Superintendent upon written application therefor.
No street or public place shall be opened by any person or corporation for the purpose of making a connection with the mains or for the laying of sewer pipes or fixtures unless a written permit shall have been granted by the Highway Superintendent.
Whenever any street or public place shall have been opened for the purpose of making a connection with the sewer mains or for the laying of sewer pipes or fixtures, the applicant shall have proper regard for public safety and convenience, and said street or place shall be restored to its original condition as soon as practicable. Open trenches shall be guarded with barricades, and sufficient warning lights or flares shall be displayed at night. All such related work shall be completed in full compliance with all OSHA and other applicable safety codes and regulations.
The size, slope, alignment, materials of construction of sewer pipes and laterals 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 New York State Uniform Fire Prevention and Building Code or other applicable rules and regulations and construction standards of the town, and shall be completed in conformance with the approved plans for the installation. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the ASTM and WPCF Manual of Practice No. FD-5 shall apply.
Construction and testing of new sewers and appurtenances including sanitary sewer mains, laterals, metering system and sampling system, between the existing main and inlet to the metering system and/or sampling system, shall be inspected by a designated representative of the Sewer Superintendent to determine if the labor performed and materials furnished are in compliance with the approved design plans and specifications. A video recording of the completed piping will be required prior to acceptance of the work. The cost of inspection and testing, including the cost of video recording, shall be borne by the user. The contractor shall notify the Sewer Superintendent a minimum of three working days prior to performing construction and testing so that necessary arrangements may be made for inspection.
The location and related details of all pipes, lateral connections and appurtenances including the metering system and/or sampling system shall be indicated on a drawing and four copies of this drawing, showing the as-built location and elevations of these connections, shall be furnished to the Sewer Superintendent before the commencement of sewer discharge.
All sanitary sewers or extensions to sanitary sewers, including manholes, shall satisfy requirements of a final infiltration/exfiltration (water or air) test before they will be approved and wastewater flow permitted by the Sewer Superintendent. Testing shall meet the requirements of the construction standards for the City of Glens Falls and the New York State Department of Environmental Conservation Design Standards for Wastewater Treatment Works, Latest Edition. Testing is to be performed by the contractor and witnessed by the inspector. The cost of testing is to be borne by the user as indicated in § 115-28.
No wastewater shall be permitted to flow to the district system until all work associated with the installation and testing has been certified and approved by the sewer district's representative and the specified number of record drawings have been submitted to the Sewer Superintendent.
It shall be the responsibility of the user to operate and maintain the sewer connection between the street main and the inlet to the metering and sampling facility. The appropriate provisions as included within these regulations will apply to all such operations and maintenance activities.
In case a building is to be closed or become vacant, notice thereof shall be given to the Sewer Superintendent in order that the sewer service be terminated and the pipes be sealed or plugged to prevent infiltration of any kind. The cost of sealing or plugging the pipes shall be borne by the user.
Where sewer service has been terminated by direction of the Sewer Superintendent, it shall not be again connected without the permission of the Sewer Superintendent.
The minimum charges, schedule of rates and billing periods shall be established and amended as necessary by resolution of the Town Board.
Bills for sewer service shall become due and payable to the district, and such payment shall be paid to the Town Clerk at the Town Clerk's office on or before the due date of said bill. If such bill is not paid on or before the due date, a penalty of 10% of the amount of such bill will be added thereto. If such bill remains unpaid for a period of 30 days thereafter, a late payment charge to be computed at the rate of 1 1/2% per month, compounded monthly, will be applied to the unpaid balance. If such bill remains unpaid for a period of 60 days from the due date, sewer service shall be discontinued until such bill, together with all penalties and an additional sum to be determined by the Town Board to cover the expense of discontinuance and restoration of service, is paid.
Sewer service charges and penalties thereon shall be a lien upon the real property upon which the sewer is used, and on or before the day when, under Town Law, preliminary estimates of expenditures are required to be submitted, the Town Clerk shall prepare and file with the Town Supervisor a statement showing all sewer service charges, with penalties thereon, unpaid for more than 60 days, which statement shall contain a brief description of the property to which the sewer was provided or upon which charges were incurred, the name of the owner liable to pay the same, so far as may be known, and the amount chargeable to each.
Such charges and penalties shall not be collected by the Town Clerk after the filing of such statement with the Saratoga County Real Property Tax Department for the purpose of levying the same as a tax against the property affected.
Notice in writing delivered to the Sewer Superintendent at least 60 days before the billing date shall be required in all cases of applications for the discontinuance of sewer service; otherwise, the user shall be liable for the minimum charge for the following billing period.
Sewer service will not be available for construction purposes.
Whenever any of the provisions of this article are violated, the sewer service may, at the determination of the Superintendent, be terminated and the connection sealed or plugged.
The Sewer Superintendent or his authorized agents shall have full power to enter the premises of any user, at all reasonable hours, to read the meter or to examine the fixtures, plumbing and manner of using the sewer. Authorized officers, and employees of the City of Glens Falls shall at all times have access to inspect pipes, meters, sampling equipment or other appurtenances connected with the furnishing of sewer service.
The sewer lateral and all appurtenances related thereto, including the sampling and/or metering facility, between the street main and point of entry into the sampling and/or metering facility shall be located as designated by the Sewer Superintendent and as shown on the approved service connection drawings. All shall be furnished and installed by a person, corporation or contractor authorized to do so as provided by § 115-8.
A charge shall be made by the district to the user for which the service connection is being provided to reimburse the district for full-time inspection of the above detailed work and shall include inspection of the portion of the service line located on private property between the main and the meter. The inspector shall be designated by the Sewer Superintendent and employed by the district. The cost to be reimbursed to the district by the user shall also include the preparation of certified record drawings depicting the exact location of the service and associated appurtenances.
It is the responsibility of the user to provide and pay for all work done and material furnished in the completion of the service connection line from the street main to the intake into the sampling and/or metering facility, including the sampling and/or metering facility. The service pipes and fittings and the metering/sampling facility shall be of a make, size and as indicated on the approved plans for installation thereof.
In the event that the user engages in any activity or discharge into the system which would be a violation of these rules and regulations or a violation of the agreement between the town and the City of Glens Falls, which is expressly incorporated herein, the user shall defend, indemnify and hold harmless the town for any damages which may result and shall also be responsible for payment of all remediation costs including engineering and environmental review which may be required by the City of Glens Falls, Town of Moreau, Environmental Protection Agency, New York State Department of Environmental Conservation or other federal or state agency that may be involved.
Before contractors shall be permitted to work on the town sewer system, certificates of insurance covering the work will be required in the following amounts:
The Town of Moreau Town Board and the Sewer District shall be named as additionally insured on the permittee's policy.
Should any of the policies be canceled before the expiration date thereof, the issuing company will mail 45 days' written notice to the Town Board by certified mail.
To the fullest extent permitted by law, and to the extent claims, damages, losses or expenses are not covered by the contractor's commercial liability insurance, the contractor shall indemnify and hold harmless the town and the Sewer District and their agents and employees from and against claims, damages, losses and expenses, including but not limited to attorney's fees arising out of or resulting from performance of the work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itself) but only to the extent caused by the negligent acts or omissions of the contractor, a subcontractor or anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge or reduce other rights or obligation of indemnity which would otherwise exist as to a party or person described in this subsection.
The town reserves the right to interrupt sewer service, without liability for damages, for lack of sewer service.
Should any section or provision of this chapter be decided by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any part thereof, other than the part so decided to be unconstitutional or invalid.
This article shall become effective upon filing with the Secretary of State.