CHAPTER 46

SEWER USE

ARTICLE I

GENERAL PROVISIONS

§ 46.1 Title

This Chapter shall be known and may be cited as the "Sewer Use Law of the Village of Mineola, New York".

§ 46.2 Definitions

Unless the context specifically indicates otherwise, the meaning of terms used in this Chapter shall be as follows:

1. "Biochemical oxygen demand" ("BOD") shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20° C., expressed in milligrams per liter.

2. "Building drain" shall mean 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 (5) feet (1.5 meters) outside the inner face of the building wall.

3. "Building sewer" shall mean the extension from the building drain to the public sewer or other place of disposal, also called house connection.

4. "Combined sewer" shall mean a sewer intended to receive both wastewater and storm or surface water.

5. "Easement" shall mean an acquired legal right for the specific use of land owned by others.

6. "Floatable oil" is oil, fat, or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. A wastewater shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system.

7. "Garbage" shall mean the animal and vegetable waste resulting from the handling, preparation, cooking, and serving of foods.

§ 46.2 MUNICIPAL CODE

8. "Industrial user" shall mean any industrial or commercial establishment with a classification as designated in the "Standard Industrial Classification Manual", 1972 edition, as published by the Executive Office of the President and who utilizes the services of the Village's sewer system.

9. "Industrial wastes" shall mean the wastewater from industrial processes, trade, or business as distinct from domestic or sanitary wastes.

10. "May" is permissive. (See "shall", Par. 23.)

11. "Natural outlet" shall mean any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake, or other body of surface or groundwater.

12. "New York State Department of Environmental Conservation" or "NYSDEC" shall mean the NYS Department of Environmental Conservation or other duly authorized official of said Department.

13. "Person" shall mean any individual, firm, company, association, society, corporation, or group.

14. "pH" shall mean 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 7 and a hydrogen‑ion concentration of 10‑7.

15. "Pretreatment" shall mean the reduction of the amount of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. 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.

16. "Properly shredded garbage" shall mean 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 ½ inch (1.27 centimeters) in any dimension.

17. "Public sewer" shall mean a common sewer controlled by a governmental agency or public utility.

SEWER USE § 46.2

18. "Publicly owned treatment works (POTW)" shall mean a treatment works as defined by Section 212 of the Act (33 USC 1292). 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.

19. "POTW Treatment plant" shall mean that portion of the municipal system which is designed to provide treatment (including recycling and reclamation) wastes received by the municipal system.

20. "Sanitary sewer" shall mean 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.

21. "Sewage" is the spent water of a community. The preferred term is "wastewater", Par. 30.

22. "Sewer" shall mean a pipe or conduit that carries wastewater or drainage water.

23. "Shall" is mandatory. (See"may", Par.10.)

24. "Slug" shall mean 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 fifteen (15) minutes more than five (5) times the average twenty‑four (24) hour concentration or flows during normal operation and shall adversely affect the collection system and/or performance of the wastewater treatment works.

25. "SPDES" shall denote the State Pollution Discharge Elimination System established by Article 17 of the Environmental Conservation Law of the State of New York for issuance of permits authorizing discharges to the waters of the State.

26. "Storm drain" (sometimes termed "storm sewer") shall mean a drain or sewer for conveying water, groundwater, subsurface water, or unpolluted water from any source.

27. "Superintendent" shall mean the Superintendent of Public Works or the designated Enforcement Officer or his or her authorized deputy, agent, or representative.

§ 46.2 MUNICIPAL CODE

28. "Suspended solids" shall mean 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.

29. "Unpolluted water" is 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.

30. "Wastewater" shall mean 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.

31. "Watercourse" shall mean a natural or artificial channel for the passage of water either continuously or intermittently.

SEWER USE § 46.24

ARTICLE II

USE OF PUBLIC SEWERS REQUIRED

§ 46.21 Unsanitary disposal of wastes prohibited

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 Village of Mineola, or in any area under the jurisdiction of the Village, any human or animal excrement, garbage, or objectionable waste.

§ 46.22 Discharge of untreated sewage prohibited

It shall be unlawful to discharge to any natural outlet within the Village, or in any area under the jurisdiction of said Village, any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this Chapter.

§ 46.23 Use of privies, septic tanks and other facilities restricted

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.

§ 46.24 Connection to available public sewer required

The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the Village 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 or combined sewer of the Village, is hereby required at the owner's 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 ninety (90) days after date of official notice to do so, provided that said public sewer is within one hundred (100) feet (30.5 meters) of the property line.

§ 46.31 MUNICIPAL CODE

ARTICLE III

PRIVATE WASTEWATER DISPOSAL

§ 46.31 Private wastewater disposal

Where a public sanitary or combined sewer is not available under the provisions of § 46.24, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of this Article.

§ 46.32 Permit required; fees

Before commencement of construction of a private wastewater disposal system, the owner shall first obtain a written permit signed by the Superintendent. The application for such permit shall be made on a form furnished by the Village, which the applicant shall supplement by any plans, specifications and other information as are deemed necessary by the Superintendent. A permit and inspection fee established by Resolution of the Board of Trustees for a residential or commercial building sewer permit and for an industrial building sewer permit respectively shall be paid to the Village Clerk at the time the application is filed.

§ 46.33 Inspection

A permit for a private wastewater disposal system shall not become effective until the installation is completed to the satisfaction of the Superintendent. The Superintendent shall be allowed to inspect the work at any stage of construction and, in any event the applicant for the permit shall notify the Superintendent when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within forty‑eight (48) hours of the receipt of notice by the Superintendent.

§ 46.34 Compliance with other departmental or agency requirements

The type, capacities, location and layout of a private wastewater disposal system shall comply with all recommendations of the Department of Health of the State of New York. No permit shall be issued for any private wastewater disposal system employing sub‑surface soil absorption facilities where the area of the lot is less than 8,000 square feet. No septic tank or cesspool shall be permitted to discharge to any natural outlet.

SEWER USE § 46.37

§ 46.35 Connection with Public sewer when available

At such time as a public sewer becomes available to a property served by a private wastewater disposal system, as provided in § 46.34, a direct connection shall be made to the public sewer within ninety (90) days in compliance with this Chapter, and any septic tanks, cesspools and similar private wastewater disposal facilities shall be cleaned of sludge and filled with suitable material.

§ 46.36 Operation at owner's expense

The owner shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times, at no expense to the Village.

§ 46.37 Health officer may impose additional requirements

No statement contained in this Article shall be construed to interfere with any additional requirements that may be imposed by the Health Officer.

§ 46.41 MUNICIPAL CODE

ARTICLE IV

BUILDING SEWERS AND CONNECTIONS

§ 46.41 Permit required to connect with public sewer

No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Superintendent.

§ 46.42 Classes of permits

There shall be two (2) classes of building sewer permits.

1. For residential and commercial service.

2. For service to establishments producing industrial wastes.*

In either case, the owner or his or her agent shall make application on a special form furnished by the Village. The permit application shall be supplemented by any plans, specification, or other information considered pertinent in the judgment of the Superintendent. A permit and inspection fee established by Resolution of the Board of Trustees for a residential or commercial building sewer permit and for an industrial building sewer permit respectively shall be paid to the Village at the time the application is filed.

§ 46.43 Costs to be borne by owner

All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the Village from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

§ 46.44 Separate building sewers; exception

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,

*See § 46.50 for special provisions.

SEWER USE § 46.49

court, yard, or driveway, the front building may be extended to the rear building and the whole considered as one building sewer, but the Village does not and will not assume any obligation or responsibility for damage caused by or resulting from any such single connection aforementioned.

§ 46.45 Old building sewers, when permitted

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 at this Chapter.

§ 46.46 Construction to conform to rules and regulations

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 Village. 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. 9 shall apply.

§ 46.47 Required elevation of building sewer

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.

§ 46.48 Drainage connections to sanitary sewers prohibited

No person 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.

§ 46.49 Standards for connection to public sewer

A. Applicable rules and regulations.

§ 46.49 MUNICIPAL CODE

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 Village, or the procedures set forth in appropriate specifications of the ASTM and the WPCF Manual of Practice No. 9. All such connections shall be made gastight and watertight and verified by proper testing. Any deviation from the prescribed procedures and materials must be approved by the Superintendent before installation.

B. Superintendent to inspect connection.

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 or her representative.

C. Guarding of excavations: restoration.

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 Village.

§ 46.50 Industrial users

A permit issued pursuant to § 46.42(2) shall be subject to the following conditions:

A. Permit applications.

A permit application for industrial users shall provide the following information:

1. Anticipated volume computed on a daily, weekly and monthly basis; and if seasonal or otherwise irregular, the anticipated peak periods.

2. Constituents.

3. Characteristics of wastewater.

4. Flow rates.

SEWER USE § 46.50

5. Each product produced by type.

6. Amount and rate of production: and

7. Description of activities, facilities and plant process on the premises including all materials processed and types of materials which are or could be discharged.

B. Terms and conditions.

1. Any permit issued under this Section shall contain such limits and restrictions on volume, constituents, characteristics of wastewater and flow rates as may be determined by the Superintendent as reasonably necessary to equitably allocate the capacity of the POTW and to safeguard the public health, safety and welfare; and such other requirements as may be determined by the Superintendent pursuant to Article V of this Chapter.

2. Permits shall contain specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedules.

C. Modifications by Village.

1. The permit terms and conditions shall be subject to modification and change by the Superintendent. Except in case of emergency, the Superintendent shall notify the permit holder at least thirty (30) days in advance in writing served either personally or by certified mail, return receipt requested, at the permit holder's place of business within the Village. Such notice shall specify the proposed changes or modifications, the reasons therefor, and the proposed effective date; a statement that the permit holder may submit in writing any objections, counter proposals or justification for continuation of any or all other terms or conditions of the permit; and also the right to request a hearing before the Superintendent, if demanded within the 30 day period, and to be represented by counsel and to present proof and rebut any evidence produced at the hearing.

2. Compliance with any final order of the Superintendent under this Subdivision shall not be required sooner than 30 days after service upon the permit holder, as above provided, except in case of emergency.

D. Modifications at request of permit holder.

§ 46.50 MUNICIPAL CODE

An industrial user shall apply for a permit modification if production or process is changed so that wastewater characteristics or flow is altered.

E. Assignment or transfer of permit.

A permit issued pursuant to this Section shall not be assigned, transferred or sold to a new owner, new user, different premises or a new or changed operation.

F. Maximum time period.

A permit issued pursuant to this Section shall be for a period not to exceed four (4) years; provided, however, that a permit may be extended for additional periods not to exceed four (4) years each upon payment of the required fee and submission of a new application as provided in Subdivision A of this Section. Such application shall be submitted within six (6) months and not less than one month prior to expiration of a permit.

G. Revocation of permit.

A permit may be revoked by the Superintendent for any of the following conditions:

1. Any false information submitted in the permit application.

2. Wilfully exceeding the limits and restrictions as to volume, constituents, characteristics of wastewater and flow rates as specified in the permit.

3. Wilfully failing to maintain monitoring programs as required by the Superintendent.

4. Failure to take corrective action as specified by the Superintendent within the time specified.

5. Failure to pay any charges, fees or sewer rents within three (3) months after falling due.

H. Enforcement.

Conditions of wastewater discharge permits shall be uniformly enforced by the Village in accordance with this Chapter and applicable State and Federal regulations. Permits shall be

SEWER USE § 46.53

expressly subject to all provisions of this Chapter and all other regulations, user charges and fees established by the Village and applicable State and Federal regulations.

ARTICLE V

USE OF THE PUBLIC SEWERS

§ 46.51 Discharge of surface waters in sanitary sewer prohibited

No person 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 stormwater runoff from limited areas, which stormwater may be polluted at times, may be discharged to the sanitary sewer by permission of the Superintendent.

§ 46.52 Discharge of stormwater or unpolluted drainage*

Stormwater other than that exempted under § 46.51, 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.

§ 46.53 Prohibited waters or wastes

No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:

1. Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the POTW or to the operation of the POTW.

2. Any waters containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with

*A SPDES permit must be applied for and is subject to Federal and State regulation.

§ 46.53 MUNICIPAL CODE

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.

3. Any waters or wastes having a pH lower than 5.5, or having any other corrosive property capable of causing damage or hazard such as, but not limited to: ashes, bones, cinders, sand, mud, straw, shavings, metal, glass, rags, leathers, 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.

4. Any garbage that has not been properly shredded (see § 46.2 (16)). 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.

§ 46.54 Restrictions on discharge of certain wastes

A. Generally.

The following described substances, materials, waters or waste 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, public property, or constitute a nuisance. The Superintendent may set limitations lower than the limitations established in the regulations below if in his or her opinion such more severe limitations are necessary to meet the above objectives. In forming his or her 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 waste water 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:

SEWER USE § 46.54

1. Wastewater having a temperature higher than 150° Fahrenheit (65° Celsius) or in such quantities that the temperature at the treatment works influent exceeds 104° Fahrenheit (40