[Adopted as Ch. 66 of the 1979 Code (Ch. 106, Art. I, of the 1990 Code)]
Unless the context specifically indicates otherwise, the meanings of terms used in this article shall be as follows:
- BIOCHEMICAL OXYGEN DEMAND (BOD)
- 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.
- BUILDING DRAIN
- That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (1.5 meters) outside the inner face of the building wall.
- BUILDING SEWER
- The extension from the building drain to the public sewer or other place of disposal, also called "house connection."
- COMBINED SEWER
- A sewer intended to receive both wastewater and storm- or surface water.
- An acquired legal right for the specific use of land owned by others.
- FLOATABLE OIL
- Oil, fat or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. Wastewater shall be considered free of floatable fat if it is properly pretreated and does not interfere with the collection system.
- The animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods.
- INDUSTRIAL WASTES
- The wastewater from industrial processes, trade or business, as distinct from domestic or sanitary wastes.
- NATURAL OUTLET
- Any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body of surface or groundwater.
- Any individual, firm, company, association, society, corporation or group.
- The logarithm of the reciprocal of the hydrogen ion concentration. The concentration is the weight of hydrogen ions, in grams per liter of solution. Neutral water, for example, has a pH value of seven and a hydrogen ion concentration of 10-7.
- PROPERLY SHREDDED GARBAGE
- The wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch (1.27 centimeters) in any dimension.
- PUBLIC SEWER
- A common sewer controlled by a governmental agency or public utility.
- RESTRICTED DISCHARGE
- Has the meaning set forth at § 257-19 hereof.[Added 11-13-2013 by L.L. No. 3-2013]
- SANITARY SEWER
- A sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions, together with minor quantities of ground- , storm- and surface waters that are not admitted intentionally.
- The spent water of a community. The preferred term is "wastewater."
- A pipe or conduit that carries wastewater or drainage water.
- Any discharge of water or wastewater which, in concentration
of any given constituent or in quantity of flow, exceeds for any period
of duration longer than 15 minutes more than five times the average
twenty-four-hour concentration or flow during normal operation and
adversely affects the collection system and/or performance of the
wastewater treatment works.[Amended 5-4-1983]
- STORM DRAIN (sometimes termed "STORM SEWER")
- A drain or sewer for conveying water, groundwater, subsurface water or unpolluted water from any source.
- The superintendent of wastewater facilities and/or of wastewater treatment works and/or of water pollution control of the Town of Bethel, or his authorized deputy, agent or representative.
- SUSPENDED SOLIDS
- Total suspended matter that either floats on the surface of or is in suspension in water, wastewater or other liquids and that is removable by laboratory filtering as prescribed in Standard Methods for the Examination of Water and Wastewater and referred to as "nonfilterable residue."
- UNPOLLUTED WATER
- Water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided.
- The spent water of a community. From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions, together with any groundwater, surface water and stormwater that may be present.
- WASTEWATER FACILITIES
- The structures, equipment and processes required to collect, carry away and treat domestic and industrial wastes and dispose of the effluent.
- WASTEWATER TREATMENT WORKS
- An arrangement of devices and structures for treating wastewater, industrial wastes and sludge; sometimes used as synonymous with "waste treatment plant" or "wastewater treatment plant" or "water pollution control plan."
- A natural or artificial channel for the passage of water either continuously or intermittently.
It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the Town of Bethel or in any area under the jurisdiction of said Town of Bethel any human or animal excrement, garbage or objectionable waste.
It shall be unlawful to discharge to any natural outlet within the Town of Bethel or in any area under the jurisdiction of said Town of Bethel any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.
Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of wastewater.
[Amended 4-6-2006 by L.L. No. 3-2006]
The owners of all houses, buildings or improved parcels used for human occupancy, employment, recreation or other similar purposes situated in the Kauneonga Lake Sewer District, or any sewer district formed or extended by the Town in the future, are hereby required at the owner's expense to install suitable toilet facilities therein and to connect such toilet facilities directly with the proper public sewer in accordance with the provisions of this article within 90 days after service of an official notice to do so.
The provisions of Subsection A that require connection of toilet facilities to the public sewer shall not apply to any of the following:
Owners of parcels that do not abut a road, alley or right-of-way in which the sewer main is located;
Owners of parcels containing single- and two-family residences and accessory uses thereto improved with toilet facilities where, subject to site plan approval, the improvements are located, or to be located, 100 feet or more from the edge of road, alley or right-of-way in which the sewer main is located; and
[Amended 8-24-2006 by L.L. No. 4-2006]
Owners of parcels containing buildings improved with toilet facilities where the toilet facilities are connected to a properly functioning and Town-authorized septic system prior to receipt of an official notice to connect to the sewer main.
No limitation on making improvements. The exceptions granted by Subsection B(1) shall not prevent any owner of a parcel or building to which the foregoing exceptions apply and which is situated in the Kauneonga Lake Sewer District, or any sewer district formed or extended by the Town in the future, from applying to the appropriate sewer district in question, for authorization to connect to the public sewer system and upon such authorization, to make the necessary improvements to effect such connection. All costs and expenses associated with connection to the public sewer system shall be at the cost and expense of said owner and no cost or expense shall be imposed on any existing user of the public sewer system as a result of such connection.
Improvements to the Kauneonga Lake Sewer District facilities. An owner of a parcel situated in the Kauneonga Lake Sewer District, or any sewer district formed or extended by the Town in the future, that is more than 100 feet from the sewer main may apply to the appropriate sewer district in question for authorization to pay for or construct the necessary improvements to the public sewer and its facilities to allow connection to such sewer district, at the cost and expense of said owner and at no cost or expense to any existing user of the public sewer system. Such cost and expense shall be determined by the appropriate sewer district in question.
The provisions of Subsection A shall apply to all of the following, unless excepted by the provisions of Subsection B(1):
Owners of parcels located in the Kauneonga Lake Sewer District, or any sewer district formed or extended by the Town in the future, where such parcels are improved through the installation of toilet facilities on or after the time that the sewer main is available for use, as such availability is determined by the Town Code Enforcement Officer.
Owners of improved parcels where the toilet facilities are connected to a septic system:
Parcels partially located in a sewer district. Notwithstanding anything herein to the contrary, owners of parcels that are only partially located in the Kauneonga Lake Sewer District, or any sewer district formed or extended by the Town in the future, are subject to the rights and requirements of this § 257-5, but only as to improvements made in that portion of the parcel located in said sewer district.
[Amended 8-18-1990 by L.L. No. 2-1990; 4-6-2006 by L.L. No. 3-2006]
Where required. Where a public sanitary or combined sewer system is not available under the provisions of § 257-5, any improvements discharging wastewater shall be connected to an on-site individual wastewater treatment system complying with the provisions of this section and Article IV of this chapter.
Abandonment. The owners of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes who receive a notice to connect to the public sewer as provided under § 257-5 herein shall, after connecting their toilet facilities to the sewer main, properly abandon their septic system, cesspool or other on-site individual wastewater treatment system by disconnecting the toilet facilities, cleaning the system and properly disposing of any sludge and filling any surface or subterranean septic system, cesspool or similar system with suitable material.
Responsibility of owner. The owner(s) shall operate and maintain the on-site individual wastewater treatment system in a sanitary manner at all times, at no expense to the Town of Bethel.
Additional requirements of health officer. No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the health officer.
No 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 superintendent.
Kinds of permits; application; fee.
In either case, the owner(s) or his or their agent shall make application on a special form furnished by the Town of Bethel. The permit application shall be supplemented by any plans, specifications or other information considered pertinent to the judgment of the superintendent. A permit and inspection fee as set forth in the most current fee schedule of the Town for a residential or commercial building sewer permit shall be paid to the Town of Bethel at the time the application is filed.
[Amended 8-18-1990 by L.L. No. 2-1990]
All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner(s). The owner(s) shall indemnify the Town of Bethel from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
A separate and independent building sewer shall be provided for every building, except that where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, then the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer, but the Town of Bethel does not and will not assume any obligation or responsibility for damage caused by or resulting from any such single connection aforementioned.
Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the superintendent, to meet all requirements of this article.
The size, slope, alignment, materials of construction of a building sewer and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench shall all conform to the requirements of the Building and Plumbing Code or other applicable rules and regulations of the Town of Bethel. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the American Society of Testing Materials and the Water Pollution Control Federation Manual of Practice No. 9 shall apply.
Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.
No person(s) shall make connection of roof downspouts, foundation drains, areaway drains or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer, unless such connection is approved by the superintendent for purposes of disposal of polluted surface drainage.
The connection of the building sewer into the public sewer shall conform to the requirements of the Building and Plumbing Code or other applicable rules and regulations of the Town of Bethel or the procedures set forth in appropriate specifications of the American Society of Testing Materials and the Water Pollution Control Federation Manual of Practice No. 9. All such connections shall be made gastight and watertight and verified by proper testing. Any deviation from the prescribed procedures and materials must be approved by the superintendent before installation.
The applicant for the building sewer permit shall notify the superintendent when the building sewer is ready for inspection and connection to the public sewer. The connection and testing shall be made under the supervision of the superintendent or his representative.
All excavations for building sewer installation 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 of Bethel.
No person(s) shall discharge or cause to be discharged any unpolluted waters, such as stormwater, groundwater, roof runoff, subsurface drainage or cooling water, to any sewer, except that stormwater runoff from limited areas, which stormwater may be polluted at times, may be discharged to the sanitary sewer by permission of the superintendent.
Stormwater other than that exempted under Subsection A above 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 superintendent and other regulatory agencies. Unpolluted industrial cooling water or process waters may be discharged, on approval of the superintendent, to a storm sewer, combined sewer or natural outlet.
No person(s) shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:
Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas.
Any waters 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 waste treatment process, constitute a hazard to humans or animals, create a public nuisance or create any hazard in the receiving waters of the wastewater treatment plant.
Any waters or wastes having a pH lower than 5.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the wastewater works.
Solid or viscous substances in quantities or of such size so as to be capable of causing obstruction to the flow in sewers or other interference with the proper operation of the wastewater facilities, such as but not limited to ashes, bones, 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.
The following described substances, materials, waters or water shall be limited in discharges to municipal systems to concentrations or quantities which will not harm either the sewers, wastewater treatment process or equipment, will not have an adverse effect on the receiving stream or will not otherwise endanger lives, limb or public property or constitute a nuisance. The superintendent may set limitations lower than the limitations established in the regulations below if in his opinion such more severe limitations are necessary to meet the above objectives. In forming his opinion as to the acceptability, the superintendent will give consideration to such factors as the quantity of subject waste in relation to flows and velocities in the sewers, materials of construction of the sewers, the wastewater treatment process employed, capacity of the wastewater treatment plant, degree of treatability of the waste in the wastewater treatment plant and other pertinent factors. The limitations or restrictions on materials or characteristics of waste or wastewaters discharged to the sanitary sewer which shall not be violated without approval of the superintendent are as follows:
Wastewater having a temperature higher than 150° F. (65° C.) or causing the temperature of the influent to the wastewater treatment works to exceed 104° F. (40° C.) unless the treatment works can accommodate such heat.
Wastewater containing more than 25 milligrams per liter of petroleum oil, nonbiodegradable cutting oils or products of mineral oil origin.
Wastewater from industrial plants containing floatable oils, fat or grease.
Any garbage that has not been properly shredded. (See definition in § 257-1A) Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments or similar places where garbage originates from the preparation of food in kitchens for the purpose of consumption on the premises or when served by caterers.
Any waters or waste containing the following toxic substances shall not be discharged into the wastewater facility unless the levels of concentration are within the effluent concentrational limits, in milligrams per liter, as set forth below:
Any waters or wastes containing odor-producing substances exceeding limits which may be established by the superintendent.
Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the superintendent in compliance with applicable state or federal regulations.
Quantities of flow or concentrations, or both, which constitute a slug, as defined herein.
Waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed or are amenable to treatment only to such degree that the wastewater treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
Any water or wastes which, by interaction with other water or wastes in the public sewer system, release obnoxious gases, form suspended solids which interfere with the collection system or create a condition deleterious to structures and treatment processes.
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 § 257-19 of this article and which in the judgment of the superintendent may have a deleterious effect upon the wastewater facilities, processes, equipment or receiving waters or which otherwise create a hazard to life or constitute a public nuisance, the superintendent may:
Reject the wastes;
Require pretreatment to an acceptable condition for discharge to the public sewers;
Require control over the quantities and rates of discharge; and/or
Require payment to cover added cost of handling and treating the wastes, not covered by existing taxes or sewer charges, under the provisions of this article.
[Amended 8-18-1990 by L.L. No. 2-1990]
When considering the above alternatives, the superintendent shall give consideration to the economic impact of each alternative on the discharger. If the superintendent 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 superintendent.
Grease, oil and sand interceptors shall be provided when, in the opinion of the superintendent, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts, as specified in § 257-19C, 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 superintendent and shall be located as to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors, the owner(s) shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates and means of disposal, which are subject to review by the superintendent. Any removal and hauling of the collected materials not performed by the owner's personnel must be performed by currently licensed waste disposal firms.
Where pretreatment or flow-equalizing facilities are provided or required for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner(s) at his expense.
[Amended 8-18-1990 by L.L. No. 2-1990]
When required by the superintendent, the owner(s) of any property serviced by a building sewer carrying industrial wastes shall install a suitable structure, together with such necessary meters and other appurtenances in the building sewer, to facilitate observation, sampling and measurement of the wastes. Such structure, when required, shall be accessible and safely located and shall be constructed in accordance with plans approved by the superintendent. The structure shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times.
The superintendent may require a user of sewer services to provide information needed to determine compliance with this article. These requirements may include:
Wastewater discharge peak rate and volume over a specified time period.
Chemical analyses of wastewater.
Information on raw materials, processes and products affecting wastewater volume and quality.
Quantity and disposition of specific liquid, sludge, oil, solvent or other materials important to sewer use control.
A plot plan of sewers on the user's property showing sewer and pretreatment facility location.
Details of wastewater pretreatment facilities.
Details of systems to prevent and control the losses of materials through spills to the municipal sewer.
All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this article shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater published by the American Public Health Association. Sampling methods, location, times, durations and frequencies are to be determined on an individual basis subject to approval by the superintendent.
No statement contained in this article shall be construed as preventing any special agreement or arrangement between the Town of Bethel and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the Town of Bethel for treatment.
No person(s) shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the wastewater facilities or make any unauthorized use of the facilities. Any person(s) violating this provision shall be subject to prosecution under the New York State Penal Law provisions, including but not limited to those relating to theft of services, destruction of public property and criminal mischief.
No person(s) shall violate any of the provisions of this article. Any person(s) violating the provisions or regulations of this article shall be guilty of a violation as defined in the New York State Penal Law and be subject to a fine of not more than $250 and to imprisonment for not more than 15 days. Each day in violation shall be deemed a separate and distinct violation.
The provisions, standards and regulations set forth in Section 307 of the Public Law 92-500, which are now in effect and which may be promulgated and amended, are hereby adopted as part of this article and shall be enforced in the manner set forth above.
Right of entry. The superintendent and other duly authorized employees of the Town of Bethel and authorized employees of the United States Environmental Protection Agency and the New York State Department of Environmental Conservation bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing pertinent to discharge to the community system in accordance with the provisions of this article.
Obtaining of information concerning industrial processes. The superintendent or other duly authorized employees are authorized to obtain information concerning industrial processes which have a direct bearing on the kind and source of discharge to the wastewater collection system. The industry may withhold information considered confidential. The industry must establish that the revelation to the public of the information in question might result in an advantage to competitors.
Performance of work on private properties. While performing the necessary work on private properties referred to in Subsection A above, the superintendent or duly authorized employees of the Town of Bethel 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 of Bethel employees, and the Town of Bethel shall indemnify the company against loss or damage to its property by the Town of Bethel 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 in § 257-23.
Entrance on certain properties. The superintendent and other duly authorized employees of the Town of Bethel and authorized employees of the United States Environmental Protection Agency and the New York State Department of Environmental Conservation bearing proper credentials and identification shall be permitted to enter all private properties through which the Town of Bethel holds a duly negotiated easement for the purposes of but not limited to inspection, observation, measurement, sampling, repair and maintenance of any portion of the wastewater facilities 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.