[HISTORY: Adopted by the Town Board of the
Town of Wilson as indicated in article histories. Amendments noted
where applicable.]
[Adopted 6-30-2003 by L.L. No. 2-2003]
A.Â
BOD (denoting "biochemical oxygen demand")
BUILDING DRAIN
BUILDING SEWER
EASEMENT
GARBAGE
INDUSTRIAL WASTES
MAJOR CONTRIBUTORY INDUSTRY
MASS EMISSION RATE
NATURAL OUTLET
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
PERMIT OFFICER
PERSON
pH
PROPERLY SHREDDED GARBAGE
PUBLIC SEWER
SANITARY SEWER
SEWAGE
SEWAGE TREATMENT PLANT
SEWAGE WORKS
SEWER
SLUG
STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM
STORM DRAIN or STORM SEWER
SUPERINTENDENT OF HIGHWAYS
SUSPENDED SOLIDS
TOWN
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
USER
WASTE
WASTEWATER
WASTEWATER CONSTITUENTS AND CHARACTERISTICS
WATERCOURSE
Unless the context specifically indicates otherwise,
the meaning of terms used in this article shall be as follows:
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.
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 outside the inner face of the building wall.
The extension from the building drain to the public sewer
or other place of disposal.
An acquired legal right for the specific use of land owned
by others.
Solid wastes from the domestic and commercial preparation,
cooking and dispensing of food and from the handling, storage and
sale of produce.
The liquid wastes from industrial manufacturing processes,
trade or business, as distinct from sanitary sewage.
An industrial user of the publicly owned treatment works
that has a flow of 50,000 gallons or more per average workday; has
a flow greater than 5% of the flow carried by the municipal system
receiving the waste; has in its waste a toxic pollutant in toxic amounts
as defined in standards issued under § 307(a) of the Federal
Water Pollution Control Act Amendments (FWPCAA) of 1972; or is deemed
by the Town to have significant impact, either singularly or in combination
with other contributing industries, on the treatment works or upon
the quality of effluent from the treatment works.
The weight of material discharged to the sewer system during
a given time interval. Unless otherwise specified, the mass emission
rate shall mean pounds per day of a particular constituent or combination
of constituents.
Any outlet into a watercourse, pond, ditch, lake or other
body of surface or ground water.
The New York State Department of Environmental Conservation
(NYSDEC) or a duly authorized official of said Department.
Such individual as shall be appointed by the Town Board,
who shall issue permits for connections, construction and other work
in connection with sewers.
Any individual, firm, company, association, society, corporation
or group.
The logarithm of the reciprocal of the weight of hydrogen
ions in grams per liter of solution.
The wastes from the preparation, cooking and dispensing of
foods 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 in any dimension.
A sewer in which all owners of abutting properties have equal
rights and which has been dedicated to and accepted by the Town of
Wilson.
A sewer which carries sewage and to which storm, surface
and ground waters are not intentionally admitted.
A combination of water carried wastes from residences, business
buildings, institutions and industrial establishments, together with
such ground, surface and stormwaters as may be present.
Any arrangement of devices and structures used for treating
sewage.
All facilities for collecting, pumping, treating and disposing
of sewage.
A pipe or conduit for carrying sewage.
Any discharge of water, sewage or industrial waste which
exceeds, in concentration of any given constituent or in quantity
of flow, for any period of duration longer than 15 minutes, more than
five times the average twenty-four-hour concentration or flow during
normal operation.
The State Pollutant Discharge Elimination System (SPDES)
as set forth in the New York State Environmental Conservation Law
Article 17, Title 8.
A sewer which carries storm and surface waters and drainage
but excludes sewage and industrial wastes other than unpolluted cooling
water.
The person from time to time designated by the Town Board
to be in charge of supervision of the sewage works of the Town of
Wilson; his authorized deputy, agent or representative.
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.
Shall be interchangeable with "District."
The United States Environmental Protection Agency (USEPA)
or a duly authorized official of said Agency.
Any person who discharges, causes or permits the discharge
of wastewater into a community sewer.
Includes sewage and any and all other waste substances, liquid,
solid, gaseous or radioactive, associated with human habitation or
of human or animal origin or from any producing, manufacturing or
processing operation of whatever nature, including such waste placed
within containers of whatever nature prior to and for purposes of
disposal.
Waste and water, whether treated or untreated, discharged
into or permitted to enter a community sewer.
The individual chemical, physical, bacteriological and radiological
parameters, including volume and flow rate and such other parameters
that serve to define, classify or measure the contents, quality, quantity
and strength of wastewater.
A channel in which a flow of water occurs, either continuously
or intermittently.
B.Â
"Shall" is mandatory; "may" is permissive.
A.Â
It shall be unlawful for any person to place, deposit
or permit to be deposited in any unsanitary manner on public or private
property lying within the bounds of any Town sewer district any human
or animal excrement, garbage or other objectionable waste.
B.Â
It shall be unlawful to discharge to any natural outlet
lying within the bounds of any Town-established sewer district any
sewage or other polluted water, except where suitable treatment has
been provided in accordance with the subsequent provisions of this
article.
C.Â
Except as hereinafter provided, it shall be unlawful
to maintain any privy, privy vault, septic tank, cesspool or other
facility intended or used for sewage lying within the bounds of any
Town-established sewer district.
D.Â
The owners 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, or may in the future be located, a
public sanitary sewer of the Town, are hereby required at their 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 article within 90 days after date of official
notice to do so, provided that said public sewer is within 100 feet
of the property line.
A.Â
Where a public sanitary sewer is not available under the provisions of § 105-2 herein, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this section.
D.Â
The type, capacities, location and layout of a private
sewage disposal system shall comply with all rules and regulations
of the Town with respect thereto and with any other requirements of
the Niagara County Health Department. No permit shall be issued for
any private sewage disposal system to be constructed upon a lot having
an area less than authorized by the Zoning Code of the Town of Wilson,[3] except as approved by the Zoning Board of Appeals.
E.Â
No septic tank or cesspool shall be permitted to discharge
to any natural outlet, whether by original construction or by reason
of any act or circumstance occurring after construction, nor shall
the disposal field of any private sewage disposal system be reduced
in area by reason of any act or circumstance.
F.Â
At such time as a public sewer becomes available to a property served by a private sewage disposal system as provided in § 105-2D, a direct connection shall be made to the public sewer in compliance with this article within 90 days, and the private sewer disposal system shall be cleaned of sludge and filled with clean bank-run gravel or dirt.
G.Â
The owner shall operate and maintain the private sewage
disposal facilities in a sanitary manner at all times and at no expense
to the Town.
A.Â
No unauthorized person shall uncover, make any connection
with or opening into, use, alter or disturb any public sewer or appurtenance
thereof without first obtaining a written permit from the Town.
B.Â
C.Â
All costs and expenses incident to the installation
and connection of the building sewer shall be borne by the owner.
The owner shall indemnify the Town from any loss or damage that may
directly or indirectly be occasioned by the installation of the building
sewer.
D.Â
A separate and independent building sewer shall be
provided for every building; except where one building stands at the
rear of another on an interior lot and no private sewer is available
or can be constructed to the rear building through an adjoining alley,
court, yard, or driveway, the building sewer from the front building
may be extended to the rear building and the whole considered as one
building sewer.
E.Â
Old building sewers may be used in connection with
new buildings only when they are found, on examination and test by
the Town, to meet all requirements of this article.
F.Â
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 Uniform Fire Prevention and Building
Code or other applicable rules and regulations of the Town, as follows:
(1)Â
Four-inch polyvinyl chloride (PVC) sewer pipe shall
be utilized and shall conform to the most recent requirements of ASTM
3034 and shall have bell and spigot type joints or rubber joints and
be at least Schedule 35 or glue joints with Schedule 40, ASTM 1784.
(2)Â
The property owner shall install a cleanout of not
less than four inches in diameter if the distance between the building
and the grinder pump is not within 50 feet.
(3)Â
The PVC pipe shall be laid on four inches of No. 1
stone or equal, shall not be blocked and shall be covered with four
inches of No. 1 stone or equal.
G.Â
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.
H.Â
The connection of the building sewer into the public
sewer shall conform to the requirements of the Uniform Fire Prevention
and Building Code[1] or other applicable rules and regulations of the Town.
All such connections shall be made gastight and watertight. Any deviation
from the prescribed procedure and materials must be approved by the
Town before installation.
I.Â
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 connection shall be made under
the supervision of the Town or its representative.
J.Â
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.
K.Â
All residences shall have a Town-owned grinder pump
installed and maintained by the Town. The house connection to the
grinder pump shall be made by and at the expense of the applicant.
L.Â
All connections to grinder pump stations shall be
made in accordance with the following specifications and those specifications
for Contract X-1 as amended:
(1)Â
Sewer connections shall be laid solely on a true grade
of not less than 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)Â
The fill over and around the pipe up to a depth of
one 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)Â
Adequate cleanouts shall be installed not over 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.
(4)Â
All work must be inspected by the Town. 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 Town, giving at least 24 hours' notice in
advance of the time when the connection will be laid and ready for
inspection.
(5)Â
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.
(6)Â
Electrical.
(a)Â
The Town 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)Â
All electrical work, equipment and apparatus
provided and installed shall conform to the New York State Uniform
Fire Prevention and Building Codes or the National Electric Code.
(c)Â
The Town shall be responsible for the cost of
installing and connecting the following electrical equipment for each
grinder pump unit installation as follows:
[1]Â
Load center: 120/230 volts, one phase, four-pole
load center in NEMA 1 surface-mounted enclosure with 20 amperes, two-pole
breaker for simplex grinder pump units; 30 amperes, two-pole breaker
for duplex grinder pump units; and 15 amperes, one-pole breaker for
alarm systems. Load center shall be installed near the existing house
panel.
[2]Â
Portable generator connection: Twist lock 30A,
three-pole grounding cable plug and receptacle. The connection shall
contain a plug and receptacle, fully wired, and to allow removal for
disconnection and connection to a portable generator unit. The receptacle
shall be installed on the side of the control panel and the transfer
switch mounted on the control panel inner door.
[3]Â
Alarm panel:
[a]Â
The control panel shall be a NEMA 1 enclosure
with screw-retained cover. It shall be complete with control relay,
alarm transformer and buzzer.
[b]Â
The alarm buzzer shall be similar to General
Electric Catalog No. GE2226-0, except with volume control. The transformer
shall be sized for the buzzer and be energy-limited NEC Class 2.
[c]Â
The control panel, buzzer, transformer and control
relay shall be furnished at the cost of the Town. The mount buzzer
shall be mounted on the face of the alarm panel.
[d]Â
For simplex grinder pump units installed inside,
the Town 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 alarm panel and wired up complete.
[e]Â
For duplex grinder pump units, the Town shall
be responsible for the cost of installing the complete alarm/control
panel.
(d)Â
Wire. The Town shall be responsible for the
cost of all wire and installation. Interior wiring shall be rated
600 volts and may be multiconducter (Romex) or single-conductor THWN
rated for wet locations. Wiring shall be VRD-type multiconductor.
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.
(7)Â
Power source. The property owner shall be responsible
for insuring adequate electrical service for the grinder pump and
control panel.
A.Â
No person shall discharge or cause to be discharged
any stormwater, surface water, groundwater, roof runoff, subsurface
drainage, uncontaminated cooling water or unpolluted industrial process
waters to any sanitary sewer, except in compliance with the federal
standards of promulgated pursuant to the Federal Water Pollution Control
Act Amendments of 1972.
B.Â
Subject to all United States Environmental Protection
Agency, New York State Department of Environmental Conservation and
State Pollutant Discharge Elimination System regulations, stormwater
and all other unpolluted drainage shall be discharged to such sewers
as are specifically designated as storm sewers or to a natural outlet
approved by the Town. Industrial cooling water or unpolluted process
waters may be discharged, on approval of the Town, to a storm sewer
or natural outlet.
C.Â
No person shall discharge or cause to be discharged
any of the following described waters or wastes to any public sewers:
(1)Â
Any gasoline, benzene, naphtha, fuel oil or other
flammable or explosive liquid, solid or gas.
(2)Â
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 milligrams per liter of cyanide in the wastes as
discharged to the public sewer.
(3)Â
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 sewage works.
(4)Â
Any water or waste containing fats, wax, grease or
oils, whether emulsified or not, in excess of 100 milligrams per liter
or containing substances which may solidify or become viscous at temperatures
between 32° F. and 150° F. (0° C. and 65° C.).
(5)Â
Any garbage that has not been properly shredded. The
installation and operation of any garbage grinder equipped with a
motor of 3/4 horsepower (0.76 horsepower metric) or greater shall
be subject to the review and approval of the Town.
(6)Â
Any waters or wastes containing strong-acid ironpickling
wastes or concentrated plating solutions, whether neutralized or not.
(7)Â
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 is at the limits established by the
Town for such materials.
(8)Â
Any waters or wastes containing phenols or other taste-
or odor-producing substances in such concentrations exceeding limits
which may be established by the Town as necessary, after treatment
of the composite sewage, to meet the requirements of the state, federal
or other public agencies or jurisdiction for such discharge to the
receiving waters.
(9)Â
Any radioactive wastes or isotopes of such half-life
or concentration as may exceed limits established by the Town in compliance
with applicable state or federal regulations.
(10)Â
Any waters or wastes having a pH in excess of 9.5.
(11)Â
Materials which exert or cause:
(a)Â
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)Â
Excessive discoloration (such as, but not limited
to, dye wastes and vegetable tanning solutions).
(c)Â
Unusual BOD, chemical oxygen demand or chlorine
requirements in such quantities as to constitute a significant load
on the sewage treatment works.
(d)Â
Unusual volume of flow or concentration of wastes
constituting slugs as defined herein.
(12)Â
Waters or wastes containing substances which are not
amenable to treatment or reduction by the sewage treatment process
employed, or are amenable to treatment only to such degree that the
sewage treatment plant effluent cannot meet the requirements of other
agencies having jurisdiction over discharge to the receiving waters.
(13)Â
Any liquid, solid or vapor having a temperature higher
than 150° F. (65° C.); however, such liquid, solid or vapor
shall not cause the temperature of the influent to the sewage treatment
plant to be greater than 104° F. (40° C.). The Town reserves
the right to prohibit wastes at temperatures above 60° F. (18°
C.).
D.Â
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 C above 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 nuisances, the Town may:
(1)Â
Reject the wastes;
(2)Â
Require pretreatment to an acceptable condition for
discharge to the public sewers;
(3)Â
Require control over the quantities and rates of discharge;
and/or
(4)Â
Requirement payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of this § 105-5. 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 requirements of all applicable codes, ordinances and laws.
E.Â
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 point at
which the building sewer is connected. Sampling shall be carried out
by customarily accepted methods to reflect the effect of constituents
upon the sewage works and to determine whether a twenty-four-hour
composite of all outfalls of a premises is appropriate or whether
a grab sample or samples should be taken. Normally, but not always,
BOD and suspended solids analyses are obtained from twenty-four-hour
composites of all outfalls, whereas pH's are determined from period
grab samples.
F.Â
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 for treatment, subject
to payment therefor by the industrial concern.
G.Â
In addition to the requirements of this article, every
major contributory industry shall comply with all federal pretreatment
standards and all other applicable requirements promulgated by the
United States Environmental Protection Agency in accordance with Section
307 of the Federal Water Pollution Control Act Amendments (FWPCAA)
of 1972.
No unauthorized person shall maliciously, willfully
or negligently break, damage, destroy, uncover, deface or tamper with
any structure, appurtenance or equipment which is a part of the sewage
works.
A.Â
Any authorized employee of the Town, 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 property for the purposes of inspection,
observation, measurement, sampling and testing in accordance with
the provisions of this article.
B.Â
While performing the necessary work on private properties referred to in Subsection A above, the duly authorized employee of the Town shall observe all safety rules applicable to the premises established by the company and the company be held harmless for injury or death to the Town employees, 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 in § 105-5.
C.Â
Any duly authorized employee of the Town bearing proper
credentials and identification shall be permitted to enter all private
properties through which the Town holds a duly negotiated easement
for the purposes 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.
D.Â
The Town may require that any person discharging or
proposing to discharge wastewater into a public sewer file a periodic
discharge report. The discharge report may include, but need not be
limited to, the nature of process, volume, rates of flow, mass emission
rate, production qualities, hours of operation, number and classification
of employees or other information which relates to the generation
of waste, including wastewater constituents and characteristics in
the wastewater discharge. Such reports may also include the chemical
constituents and quantity of liquid or gaseous materials stored on
the site, even though they may not normally be discharged. In addition
to discharge reports, the Town may require information in the form
of wastewater discharge permit applications and self-monitoring reports.
E.Â
Wastewater discharge permits.
(1)Â
All major contributory industries proposing to connect
to or to discharge into a public sewer must obtain a wastewater discharge
permit before connecting to or discharging into a public sewer. All
existing major contributory industries connected to or discharging
into a public sewer must obtain a wastewater discharge permit within
90 days after the effective date of this article.
(2)Â
Required information.
(a)Â
Users seeking a wastewater discharge permit
shall complete and file with the Town an application in the form prescribed
by the Town and accompanied by the applicable fees. The applicant
may be required to submit, in units and terms appropriate for evaluation,
the following information:
[1]Â
The name, address and SIC number of applicant.
[2]Â
The volume of wastewater to be discharged.
[3]Â
Wastewater constituents and characteristics,
including but not limited to those mentioned in Section 307 of the
Federal Water Pollution Control Act Amendments (FWPCAA) of 1972.
[4]Â
The time and duration of discharge.
[5]Â
Average and thirty-minute peak wastewater flow
rates, including daily, monthly and seasonal variation, if any.
[6]Â
Site plans, floor plans, mechanical plans and
plumbing plans and details to show all sewers and appurtenances by
size, location and elevation.
[7]Â
A description of activities, facilities and
plant processes on the premises, including all materials, processes
and types of materials which are or could be discharged.
[8]Â
Each product produced by type, amount and rate
of production.
[9]Â
The number and type of employees and hours worked.
[10]Â
Any other information as may be deemed by the
Town to be necessary to evaluate the permit application.
(b)Â
The Town will evaluate the data furnished by
the user and may require additional information. After evaluation
and acceptance of the data furnished, the Town may issue a wastewater
discharge permit subject to terms and conditions as provided herein.
(3)Â
Wastewater discharge permits shall be expressly subject to all provisions of this Subsection E and all other regulations, user charges and fees established by the United States Environmental Protection Agency. The conditions of wastewater discharge permits shall be uniformly enforced by the Town in accordance with this Subsection E and applicable state and federal regulations. Permits may contain the following:
(a)Â
The unit charge or schedule of user charges
and fees for the wastewater to be discharged into a public sewer.
(b)Â
The average and maximum wastewater constituents
and characteristics.
(c)Â
Limits on rate and time of discharge or requirements
for flow regulations and equalization.
(d)Â
Requirements for installation of inspection
and sampling facilities.
(e)Â
Pretreatment requirements.
(f)Â
Specifications for monitoring programs, which
may include sampling locations, frequency and method of sampling,
number, types and standards for tests and reporting schedule.
(g)Â
Requirements for submission of technical reports
or discharge reports.
(h)Â
Requirements for maintaining records relating
to wastewater discharge as specified by the United States Environmental
Protection Agency and affording the United States Environmental Protection
Agency access thereto.
(i)Â
Mean and maximum mass emission rates.
(j)Â
Other conditions as deemed appropriate by the
United States Environmental Protection Agency to ensure compliance
with this article.
(4)Â
Wastewater discharge permits shall be issued for a
specific time period, not to exceed five years. A permit may be issued
for a period less than a year or may be stated to expire on a specific
date. If the user is not notified by the United States Environmental
Protection Agency or the Town 30 days prior to the expiration date
of the permit, the permit shall be extended one additional year. The
terms and conditions of the permit may be subject to modification
and change by the Town during the life of the permit as limitations
or requirements are modified and changed. The user shall be informed
of any proposed changes in his permit at least 30 days prior to the
effective date of change. Any changes or new conditions in the permit
shall include a reasonable time schedule for compliance.
(5)Â
Wastewater discharge permits are issued to a specific
user for a specific operation. A wastewater discharge permit shall
not be reassigned or transferred or sold to a new owner, new user,
different premises or a new or changed operation.
(6)Â
Any user who violates the following conditions of
the permit or of this article or applicable state and federal regulations
is subject to having his permit revoked:
(a)Â
Failure of a user to factually report the wastewater
constituents and characteristics of his discharge.
(b)Â
Failure of the user to report significant changes
in operations or wastewater constituents and characteristics.
(c)Â
Refusal of reasonable access to the user's premises
for the purpose of inspection or monitoring.
(d)Â
Violation of conditions of the permit.
(7)Â
Special agreements and arrangements between the Town
and any person or agency may be established when, in the opinion of
the Town, unusual or extraordinary circumstances compel special terms
and conditions.
(8)Â
A user shall notify the Town immediately upon accidentally
discharging wastes in violation of this article to enable countermeasures
to be taken by the Town to minimize damage to the public sewer, treatment
facility, treatment processes and the receiving water. This notification
shall be followed, within 15 days of the date of the occurrence, by
a detailed written statement describing the causes of the accidental
discharge and the measures being taken to prevent future occurrence.
Such notification will not relieve users of liability for any expense,
loss or damage to the sewer system, treatment plant or treatment process
or for any fines imposed pursuant to this article.
(9)Â
Whenever a discharge of wastes causes an obstruction,
damage or any other impairment to Town facilities, the Town may assess
a charge against the user for the work required to clean or repair
the facility and add such charge to the user's charges and fees.
(10)Â
Any person who violates any provision of this Subsection E or a permit condition or who discharges wastewater which causes pollution or who violates any order, prohibition, effluent limitation, national standard of performance or pretreatment or toxicity standard shall be liable civilly to a penalty not to exceed $10,000 for each day in which such violation occurs.
A.Â
Except as otherwise provided in § 105-7E(10), any person found to be violating any provision of this article shall be served by the Town with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
B.Â
Any person who shall continue any violation beyond the time limit provided for in Subsection A above shall be guilty of an offense against this article and, on conviction thereof, shall pay a penalty in an amount not exceeding $500 for each violation or imprisonment for a period not exceeding 15 days, or both. Each day in which any such violation shall continue shall be deemed a separate offense.
C.Â
Any person violating any of the provisions of this
article shall become liable to the Town for any expense, loss or damage
occasioned by the Town by reason of such violation, to include attorneys
fees and court costs.
[Adopted 5-17-2004 by L.L. No. 1-2004]
This article shall be known and may be cited
as the "Sunset Island Sewer District Rent Local Law of the Town of
Wilson."
The Town Board of the Town of Wilson hereby finds and determines that the most equitable manner of collecting funds to defray the costs and fees of the Sunset Island Sewer District, hereinafter called "District," and the costs and fees associated with the treatment of the effluent pumped to the sewage treatment plant owned and operated by the Village of Wilson shall be collected from those benefited parcels within the Town of Wilson served by the District in accordance with § 105-12 herein.
For the purposes of this article, the definitions
set forth in § 451 of the General Municipal Law shall be
controlling.
Pursuant to Subdivision 1 of § 198
of the Town Law and pursuant to Article 14-F of the General Municipal
Law, the Town Board hereby establishes and imposes sewer rents for
the costs and fees of the District and the costs and fees for the
treatment of the effluent pumped to the sewage treatment plant owned
and operated by the Village of Wilson in accordance with Schedule
A which is attached hereto and made a part hereof, and as such schedule
is hereinafter amended from time to time by resolution of the Town
Board after public hearing.[1] Said public hearing shall be part of the annual Town budget
hearing. Said rents shall be charged to and assessed against each
land parcel which directly benefits from the sewer with a sewer hookup.
[1]
Editor's Note: Schedule A is included at the end of this chapter.
Amounts due under this article shall be assessed
on benefit basis against all taxable real property within the District
which directly benefits from the sewer with a sewer hookup. Said assessments
shall be calculated as part of the annual Town budget and any notices
of Town Budget hearings shall include the total District budget and
the amount to be assessed per benefited parcel. Assessments shall
be collected by the Town in the same manner as all other Town taxes
in accordance with applicable state law, including all provisions
for penalties and interest.
A.Â
The owner of each land parcel which directly benefits
from the Sunset Island Sewer with a sewer hookup shall be responsible
to pay a one-time sewer connection hookup fee to the Town of Wilson
for payment to the Village of Wilson in the sum of $1,000 within 30
days of the effective date of this article. There shall be a penalty
of 10% of the amount due added to said bill which is not paid within
30 days after the due date. All unpaid fees as of December 1, 2004,
shall be added to the Sunset Island Sewer District real property tax
roll rendered on the property in January 2005. After the effective
date of this article, no sewer hookup shall be allowed until such
time as the sewer hookup fee, together with any penalty due and owing,
is paid in full.
B.Â
Any structure not existing in the District as of the
17th day of July, 2003, and which subsequently connects to the sewer
line shall be charged a one-time connection fee in an amount to be
thereinafter determined by the Village of Wilson relative to the amount
set forth above, which fee shall be due upon hookup to the sewer district.
All sewer rents set forth herein shall constitute
a lien upon the real property served by the sewer system or such part
or parts thereof for which sewer rents are hereby established and
imposed. The lien shall be prior and superior to every other lien
or claim except the lien or an existing tax assessment or other lawful
charge imposed by or for the state or political subdivision or district
thereof.
If any payment due and owing herein is not paid
by the due date thereof, the District may, upon 20 days' notice forwarded
by regular mail to the owner of the land parcel, terminate the sewer
service. In said event, there will be an additional service charge
of $100, payable in advance, before the sewer service to the delinquent
land parcel will be restored.
Revenue derived from sewer rent, including penalties
and interest, shall be credited to a special fund to be known as the
"Sewer Rent Fund." Moneys in the fund shall be used to pay the fees
and costs incurred by the District with respect to maintenance and
operation, payment of the bond and any and all contractual obligations
due to the Village of Wilson with respect to the treatment of the
effluent pumped to the sewage treatment plant of the Village of Wilson.