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° Celsius).

2. Wastewater containing more than 25 milligrams per liter of petroleum oil, nonbiodegradable cutting oils, or product of mineral oil origin.

3. Wastewater from industrial plants containing floatable oils, fat, or grease.

4. Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances to such degree that any such material received in the composite wastewater at the wastewater treatment works exceeds the limits established by the Superintendent for such materials as shown in Appendix A or as set in a categorical pretreatment standard.

5. Any waters or wastes containing odor‑producing substances exceeding limits which may be established by the Superintendent.

6. Any radioactive wastes or isotopes of such half‑life or concentration as may exceed limits established by applicable local, State or Federal regulations.

7. Quantities of flow, concentrations, or both, which constitute a "slug" as defined herein.

8. 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.

9. 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.

10. Any substance which may cause the POTW's effluent or any other product of the POTW such as residues, sludge, or scums, to be unsuitable for reclamation process where the POTW is pursuing a reuse and reclamation program. In no case, shall a substance

§ 46.54 MUNICIPAL CODE

discharged to the POTW cause the POTW to be in non‑compliance with sludge use or disposal criteria, guidelines or regulations affecting sludge use or disposal development pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substance Control Act, or State criteria applicable to the sludge management method being used.

B. Garbage disposal units.

No person shall install or use any type of waste‑disposal unit and/or food‑waste disposal units.

§ 46.55 Authority of Superintendent over certain wastes

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 § 46.54 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:

1. Reject the wastes;

2. Require pretreatment to an acceptable condition for discharge to the public sewers;

3. Require control over the quantities and rates of discharge; and/or

4. Require payment to cover added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of § 46.61.

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.

§ 46.56 Grease, oil and sand interceptors

Grease, oil and sand interceptors shall be provided when, in the

SEWER USE § 46.59

opinion of the Superintendent, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts, as specified in § 46.54(3), 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 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.

§ 46.57 Facilities to be maintained by owner

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 at his or her expense.

§ 46.58 Access structure

When required by the Superintendent, the owner 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 accessibly 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 or her expense and shall be maintained by him or her as to be safe and accessible at all times.

§ 46.59 Information to be furnished by user

The Superintendent may require a user of sewer services to provide information needed to determine compliance with this Chapter. These requirements may include:

1. Wastewaters discharge peak rate and volume over a specified time period.

§ 46.59 MUNICIPAL CODE

2. Chemical analyses of wastewaters.

3. Information on raw materials, processes, and products affecting wastewater volume and quality.

4. Quantity and disposition of specific liquid, sludge, oil, solvent or other materials important to sewer use control.

5. A plot plan of sewers of the user's property showing sewer and pretreatment facility location.

6. Details of wastewater pretreatment facilities.

7. Details of systems to prevent and control the losses of materials through spills to the municipal sewer.

§ 46.60 Measurements, tests, analyses

All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this Chapter 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, locations, times, durations and frequencies are to be determined on an individual basis subject to approval by the Superintendent.

§ 46.61 Special agreements permitted

Special agreements and arrangements between the municipality and any persons or agencies may be established when in the opinion of the municipality, unusual or extraordinary circumstances compel special terms and conditions. Acceptance of such waste shall not cause the POTW to violate its SPDES permit or the receiving water quality standards or any pretreatment regulations promulgated by USEPA or NYSDEC in accordance with Section 307 of PL 95‑217.

§ 46.62 Specific requirements

A. Accidental discharges.

An industrial user shall notify the Village immediately upon accidentally discharging wastes in violation of this Chapter. This notification shall be followed, within fifteen (15) days of the date of occurrence, by a detailed written statement describing the causes of the accidental discharge and the measures being taken to prevent future occurrences. Such notification will not relieve

SEWER USE § 46.62

users of liability for any expense, loss or damage to the sewer system, treatment plant or treatment process, or for any fines imposed on the Village under applicable State and Federal regulations.

B. Required notice.

A notice shall be furnished and permanently posted on the industrial user's bulletin board advising employees whom to call in case of an accidental discharge in violation of this Chapter. Also copies of this Chapter are to be made available to user's employees.

C. Connections to plumbing or drainage system.

Any direct or indirect connection or entry point for persistent or deleterious wastes to the user's plumbing or drainage system should be eliminated. Where such action is impractical or unreasonable, the user shall approximately label such entry points to warn against discharge of such wastes in violation of this Chapter.

D. Compliance with Federal or State pretreatment regulations, etc.

When pretreatment regulations are adopted by USEPA for any industry, then that industry must immediately conform to the USEPA or NYSDEC timetable for adherence to Federal or State pretreatment requirements and any other applicable requirements promulgated by USEPA or NYSDEC in accordance with Section 307 of the PL 95‑217. Additionally, such industries shall comply with any more stringent standards necessitated by local conditions as determined by the Village.

E. Reservation by Village to enact additional requirements.

The Village reserves the right to establish by local law more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives presented in this Chapter.

F. Dilution of discharges.

No user shall ever increase the use or process water or, in any way, attempt to dilute a discharge as a partial or complete

§ 46.65 MUNICIPAL CODE

substitute for adequate treatment to achieve compliance with the limitations contained in the Federal Categorical Pretreatment Standards, or in any other pollutant specific limitation developed by the Village, or State unless authorized by State or Federal regulation.

ARTICLE VI

PROTECTION FROM DAMAGE

§ 46.65 Damaging or tampering with sewer

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 municipal wastewater facilities. Any person violating this provision shall be subject to immediate arrest and prosecution.

ARTICLE VII

POWERS AND AUTHORITY OF INSPECTORS

§ 46.71 Right to make inspections

Persons or occupants of premises where wastewater is produced or discharged shall allow the village, USEPA, NYSDEC or their representative ready access at all times to all parts of the premises for the purpose of inspection or sampling or in the performance of any of their duties. The Village shall have the right to set up on the user's property such devices as are necessary to conduct sampling or metering operations. The Village may at reasonable times have access to and copy any records, inspect any monitoring equipment, or method required by the Village's wastewater discharge laws and sample any effluents which the owner or operator of such source is required to sample. Where a user has security measures in force, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the Village will be permitted to enter without delay.

SEWER USE § 46.74

§ 46.72 Information that may be obtained; withholding of

confidential information

The Superintendent, or other duly authorized employees, is 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.

§ 46.73 Observation of safety rules; save harmless clause,

exception

While performing the necessary work on private properties referred to in § 46.71, the Superintendent, or duly authorized employees of the Village 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 Village employees, and the Village shall indemnify the company against loss or damage to its property by Village 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 § 46.58.

§ 46.74 Entry on easements

The Superintendent and other duly authorized employees of the Village bearing proper credentials and identification shall be permitted to enter all private properties through which the Village 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.

Supp. #5, 1/29/2001

§ 46.100 MUNICIPAL CODE

ARTICLE VIII

PENALTIES

§ 46.100 Penalties for violations

A. Violation of § 46.65

Any person who shall violate any provision of § 46.65 shall be guilty of a violation and on conviction thereof shall be punished by a fine not exceeding Two Hundred Fifty Dollars ($250.00) or imprisonment for not more than fifteen (15) days, or by both such fine and imprisonment.

B. False statements, etc.

Any person who knowingly makes any false statement, representation, record, report, plan or other documentation filed with the municipality or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this Chapter, shall be punished by a fine not exceeding Two Hundred Fifty Dollars ($250.00) or imprisonment for not more than fifteen (15) days, or both such fine and imprisonment.

C. Written notice of violation.

Any person found to be violating any provision of the foregoing Articles of this Chapter except § 46.65 or as otherwise provided in Subdivision B of this Section shall be served by the Village with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof, which time limit shall in no event be longer than ninety (90) days. The offender shall, within the period of time stated in such notice, permanently cease all violations.

D. Continued violation.

Any person who shall continue any violation beyond the time limit provided for in Subdivision C herein, shall be guilty of a violation and on conviction shall be punishable as set forth in Section 1.10 of this Code.

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SEWER USE § 46.100

E. Civil Liability.

Any person who violating any of the foregoing provisions of this Chapter shall become liable to the Village or* any expense, loss or damage occasioned by the Village by reason of such violation. [§ 46.100 amd. LL #12, 2000, 1/5/2000.]

Cross references:

Streets and Public Places. Chapter 44

excavations within highway right-of-way. § 44.9

Water Regulations. Chapter 45

cross-connections and backflow prevention. § 45.41 et seq.

References:

Action by municipalities to prevent pollution of streams. ECL § 17-1919.

Contracts for purification of water and sewage. Gen Mun L § 120.

Contracts for sewage disposal. Gen Mun L § 120-a; § 119-a.

Discharge of sewage into waters. ECL § 17-1701.

Excess sewage capacity. Gen Mun L §§ 119, 119-a.

Industrial establishments, permission to discharge wastes. ECL § 17-1727.

Realty subdivisions. ECL § 17-1601 et seq. (see Mtr of Slavin v Ingraham, 37 NY2d 653, refiling of map.)

Sewer rents. Gen Mun L § 450 et seq.

Special agreements. A municipality does not have authority to enter into a contract to

establish sewer charges but may do so only by ordinance or local law. Gen Mun L § 452(2).

Vil of Canastota (Q'nsboro Farm), 44 AD2d 276, 278, 280, affd 36 NY2d 793.

State aid. ECL § 17-1901 et seq.

State pollutant discharge elimination system. ECL § 17-0801 et seq.

Water pollution control, generally. ECL § 17-0101 et seq.

Willful violation of health laws. ECL § 17-1711.

*So in original.

Supp. #5, 1/29/2001

MUNICIPAL CODE

APPENDIX A

Toxic Substances

The following list establishes limits for various toxic substances to regulate industrial discharges at the point of entry into the municipal collection system.

Parameter Effluent Concentration Limits (mg/l)

30 Day Average 24 Hour Average

Cadmium 0.4 0.8

Hex. Chromium 0.2 0.4

Total Chromium 4.0 8.0

Copper 0.8 1.6

Lead 0.2 0.4

Mercury 0.2 0.4

Nickel 4.0 8.0

Zinc 1.2 2.4

Arsenic 0.2 0.4

Available Chlorine 50.0 50.0

Cyanide-free 0.4 0.8

Cyanide-complex 1.6 3.2

Selenium 0.2 0.4

Sulfide 6.0 12.0

Barium 4.0 8.0

Manganese 4.0 8.0

Gold 0.2 0.4

Silver 0.2 0.4

Fluorides -

To Fresh Water 4.0* 8.0*

To Saline Water 36.0 72.0

Phenol 4.0 8.0

*May be multiplied by a factor of 1.5 if the municipal water supply is not fluoridated.

Supp. #5, 1/29/2001