PART II, GENERAL LEGISLATION

Chapter 140, SEWERS

[HISTORY: Adopted by the Board of Trustees of the Village of Honeoye Falls: Art. I, 4-27-1936; Art. II, 1-9-1939; Art. III, 4-25-1950; Art. IV, 1-16-1961; Art. V, 7-27-1965. Amendments noted where applicable.]

ARTICLE I, Sanitary Sewer System [Adopted 4-27-1936]

§ 140-1. Permit required.

It shall be unlawful for any person or persons to connect with the sanitary sewer in the Village of Honeoye Falls, New York, without first securing a permit to make such connection.

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§ 140-2. Permit issued by Clerk.EN

The permit for making said sewer connection shall be issued by the Village Clerk upon written application therefor and subject to such rules and regulations as the Board of Trustees of said Village of Honeoye Falls may have heretofore or may hereafter make and determine.

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§ 140-3. Penalties for offenses.EN

Any one violating this Article shall be subject to a fine of not more than $250 or imprisonment for not more than 15 days, or both such fine and imprisonment.

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ARTICLE II, Pollution of Honeoye Creek [Adopted 1-9-1939]

§ 140-4. Prohibited activities.

No person or corporation shall place, or cause to be placed, or discharge, or cause to be discharged, into the waters of Honeoye Creek or upon the banks of said creek within the limits of the Village of Honeoye Falls any sewage, garbage, refuse, offal or any decomposable or putrescible matter of any kind or any substance, chemical or any refuse or waste matter, either solid or liquid, from any shop, factory, mill or industrial establishment, private residence, barn or private or public garage.

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§ 140-5. Exceptions.

Nothing herein provided, however, shall prevent the Village of Honeoye Falls from discharging or causing to be discharged the affluent from its sewage disposal plant into the waters of the creek at the northerly end of the Village, nor to prevent said Village of Honeoye Falls from discharging, or causing to be discharged, in said creek water from the drains and catch basins upon its public streets and highways.

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§ 140-6. Penalties for offenses.EN

Violation of this Article shall be punishable by a penalty of a fine of not more than $250 or imprisonment for not more than 15 days, or both such fine and imprisonment.EN

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§ 140-7. Action by courts.

An action may be maintained by the Village in courts of competent jurisdiction to restrain any acts committed or threatened to be committed in violation of the provisions of this Article and to commence and maintain actions to restrain any nuisances existing or threatened in violation of the provisions of this Article.

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§ 140-8. Duties of Code Enforcement Officer.

The Code Enforcement Officer shall have the authority and it shall be his duty from time to time to make such inspections as may be necessary or required to properly enforce the provisions of this Article.

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ARTICLE III, Drains and Drainage [Adopted 4-25-1950]

§ 140-9. Dumping in creek prohibited.EN

No person, firm or corporation shall dump or drain any sewage, drainage waste or other refuse into Honeoye Creek within the confines and limits of the Village of Honeoye Falls, or cause, suffer or allow the same to be done.

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§ 140-10. Use of sewers required.

Any and all toilets, waste pipes or drains in, upon or connected with any and all buildings of all types and kinds within the Village limits of the Village of Honeoye Falls, except downspouts from the roofs of such buildings, shall be connected with the sanitary sewer system maintained by the Village of Honeoye Falls.

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§ 140-11. Inspection.

All such installations and connections shall be subject to inspection and approval by the Code Enforcement Officer of the Village of Honeoye Falls or other proper Village authority who shall have authority and shall have the duty from time to time to make such inspections and investigations as may be necessary or required to properly enforce the provisions of this Article.

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§ 140-12. Procedure for reporting violations.EN

It shall be the duty of the Code Enforcement Officer or any other proper Village officer having knowledge of any violations to make and file with the Village Court of Honeoye Falls, New York, proper information against any and all persons, firms or corporations violating this Article.

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§ 140-13. Penalties for offenses.EN

A violation of this Article shall be punishable by a fine of not more than $250 or imprisonment for not more than 15 days, or both. A failure to make such connections as hereinabove provided for shall constitute a violation of this Article, and each day that any sewer, sewage waste or drainage system is maintained in or upon any property, after the 15th of August 1950, without having made and provided proper connections with the Village sewer system as hereinabove provided for, shall constitute a separate and distinct violation of this provision of this Article, and be punishable accordingly.

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ARTICLE IV, Sewers and Sewer Rents [Adopted 1-16-1961]

§ 140-14. Title.

Pursuant to the authority of the Sewer Rent Law of the State of New YorkEN (Chapter 765 of the Laws of 1951) and any and all amendments thereto, there is hereby established an ordinance to impose sewer rents as a means of producing revenue for the sewer system of the Village of Honeoye Falls, which shall be known as the "Honeoye Falls Sewer Rent Ordinance."

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§ 140-15. Definitions.

As used in this Article, the following terms shall mean and include:

SEWAGE -- The water-carried wastes from residences, commercial buildings, industrial establishments or other places.

SEWER RENTS -- A scale of charges established and imposed in the Village of Honeoye Falls for the use of the sewer system or any part or parts thereof. [Amended 1-17-1994 by L.L. No. 1-1994]

SEWER UNITS -- "Sewer units" shall be determined as follows:

  1. A single-family dwelling shall constitute one sewer unit. If office space (other than space occupied by doctors and dentists as provided in Subsection B below) is contained in a dwelling occupied by a single family and which office is used by one or more of the members of that family, the combined family dwelling and office space shall constitute one sewer unit.
  2. Office space occupied for professional purposes by a doctor or dentist licensed to practice medicine or dentistry by the State of New York shall constitute one sewer unit. If such office space is contained in a single-family dwelling occupied by a single family, the combined residence and office space shall constitute two sewer units.
  3. Space occupied for an office apart from a single-family dwelling shall constitute one sewer unit.
  4. Premises occupied or designed to be occupied by two or more families, including two-family and multifamily dwellings and apartments and apartment houses, shall consist of one sewer unit for each apartment or living quarters for separate families contained in or on such premises. In the event that such premises also contains space not used for residential purposes, such space shall consist of such number of additional sewer units determined by dividing the quarterly water consumption in such space by 15,000 gallons.
  5. Schools shall constitute that number of sewer units determined each year on the 15th day of September for each of the next four succeeding quarters by dividing the total number of school population enrolled in schools within the confines of the Village, including students, teachers, administrators, custodial staff, bus drivers and any other employees connected in any way with the school system, by the number 15, except for the quarters beginning April 1, 1975, and July 1, 1975, which shall be determined on the same basis using the date of September 15, 1974. [Amended 1-12-1970; 3-10-1975 by L.L. No. 1-1975]
  6. All other premises not described in Subsections A, B, C, D and E, including, but not limited to, churches, institutions, motels, hotels, boardinghouses and industrial and commercial establishments, shall constitute that number of sewer units determined by dividing the quarterly water consumption on said premises by 15,000 gallons. Such premises, however, shall constitute a minimum of one sewer unit. [Added 1-12-1970]
  7. In the event that any parcel of real property in its entirety falls within more than one of the above classifications, that classification which produces the greatest number of sewer units shall be the one applicable. In the event that any parcel of real property is divisible into two or more classifications, the number of sewer units in each classification shall be determined and the total thereof shall constitute the number of sewer units applicable to the entire parcel. [Amended 1-12-1970]

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§ 140-16. Fees. [Amended 10-16-1989 by L.L. No. 5-1989].

The Village Board shall have the authority, by local law, to fix and determine the amount of sewer rent to be charged for each sewer unit and to change the same from time to time.

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§ 140-17. Payment procedures. [Amended 1-12-1970; 1-17-1994 by L.L. No. 1-1994].

  1. Sewer units determined by water consumption. Sewer rents for sewer units determined by water consumption shall become due and payable on April 1, July 1, October 1 and January 1 of each year. The Village Board shall quarterly cause a statement to be prepared, setting forth the amount of the sewer rents for each of the properties subject thereto and the name of the owner in whose name such real property is assessed, which statement shall be mailed to the owner.
  2. Sewer units determined by occupancy. Sewer rents for sewer units determined by occupancy shall become due and payable on June 1 of each year, in advance of the use of the sewer system; provided, however, that sewer rents due for premises exempt from payment of real property taxes shall become due and payable on January 1 of each year, in advance of the use of the sewer system. For the remainder of the 1994 calendar year, the tax-exempt properties shall pay quarterly sewer rents on July 1, and October 1, 1994, and January 1, 1995, for use of the sewer system prior to said date. The Village Board shall annually cause a statement to be prepared, setting forth the amount of the sewer rents for each of the properties subject thereto and the name of the owner in whose name such real property is assessed, which statement shall be mailed to the owner.
  3. For all sewer rents, a penalty of 5% per annum shall be charged if payment is made more than 30 days after the due date; and an additional 1% per annum for each 30 days thereafter that payment is late. Such amounts of sewer rent as remain unpaid on April 30 of each year may be collected and enforced in the same manner and at the same time as provided by law for collection and enforcement of Village taxes. On properties newly connected to the sanitary sewer system, sewer rents shall be due and payable upon connection to the sewer system or issuance of a certificate of occupancy, whichever occurs later. New construction shall not be used or occupied until a certificate of occupancy has been granted. Except where units are computed on the basis of actual gallons of use, sewer rents shall be charged on the basis of units and the availability of the sewer system without regard to whether or not the property involved is actually being used or occupied.
  4. Such sewer rents shall constitute a lien upon the real property served by sewers, and such lien shall be prior and superior to every other lien or claim, except the lien of an existing tax, water rent or local assessment.
  5. If bills for sewer rents are not paid within 30 days from date due, a notice of at least five days may be mailed or served upon the person or corporation chargeable therefor, as provided in this Article, demanding payment and advising that the sewer service and/or water service are subject to discontinuance, and after the expiration of the period specified in said notice, such sewer service and/or water service shall be subject to discontinuance without further notice.
  6. In addition to the sewer rent due, plus penalty, a charge as set forth by resolution of the Village Board from time to timeEN will be made for discontinuing and reconnecting sewer and/or water service on account of nonpayment of sewer rents, which charge or charges shall be treated as sewer rents. [Amended 9-16-1996 by L.L. No. 6-1996]

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§ 140-18. Revenues use.

Revenues derived from sewer rents shall be credited to a sewer fund to be known as the "Sewer Fund." Moneys in such fund shall be used only in the manner and for the purpose specified and in the order required by the Sewer Rent Law of the State of New York,EN and no expenditures shall be chargeable against said fund except upon authority of the Village Board of Trustees.

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§ 140-19. Rents established. [Last amended 5-20-2013 by L.L. No. 1-2013EN

Sewer rents are hereby established and imposed upon properties served by the Honeoye Falls sewer system as follows:

  1. For sewer units determined by water consumption: $80.00 per quarter, per unit.
  2. For sewer units determined by occupancy: $330 per year, per unit.

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§ 140-20. Users with own water system.

For users who provide their own water from wells and discharge the same into the sanitary sewer system, the Village shall have the right to install water meters to measure the amount of water discharged into the sanitary sewer system. Meters for this purpose will be furnished by the Village on all three-fourth-inch lines. On all lines requiring a meter larger than a three-fourth-inch meter, the meter shall be installed by the Village at the expense of the user. In all cases, the meter shall remain the property of the Village.

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ARTICLE V, Sewer Use [Adopted 7-27-1965]

§ 140-21. Title.

This article shall be known as the "Sewer Use Ordinance."

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§ 140-22. Description and purpose.

The sanitary sewer system of the Village of Honeoye Falls consists of lateral and trunk sewers laid in streets and rights-of-way and a sewage treatment plant, the location of which are shown upon plans and drawings filed in the office of the Village Clerk, and all other appurtenances which are used in whole or in part in connection with the collection, dumping, treatment and disposal of sewage, industrial wastes and other wastes and all extensions, additions and improvement which may be made to such system. Its purpose is to provide for the collection and treatment of domestic sewage and such industrial wastes as are permitted by this article in order to promote the health, safety and general welfare of the residents of the Village of Honeoye Falls. The purpose of this article is to protect the sewage collection and treatment facilities by controlling the quantity, quality and manner of discharge of sewage into the sanitary sewer system of property therein to whom the system is available.

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§ 140-23. Definitions; word usage. [Amended 7-23-1984 by L.L. No. 1-1984; 5-18-1987 by L.L. No. 2-1987].

  1. Unless the context specifically indicates otherwise, the meanings of terms used in this article shall be as follows:

    BOD (denoting "biochemical oxygen demand") -- The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20° C., expressed in milligrams per liter.

    BUILDING DRAIN -- That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of any building and conveys it to the building or house lateral, beginning four feet outside the building wall.

    GARBAGE -- Solid wastes from the preparation, cooking and dispensing of food and from the handling, storage and sale of produce.

    HOUSE LATERAL or BUILDING LATERAL -- The pipeline extending from the building drain to the public sewer or other place of disposal.

    INDUSTRIAL WASTES -- The liquid wastes from industrial processes as distinct from sanitary sewage.

    OWNER -- Any person having title to or any interest in real property of the Village of Honeoye Falls, New York.

    PERSON -- Any individual, firm, company, association, society, corporation, group or agent therefor, including municipal corporations and school districts.

    pH -- The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

    PROPERLY SHREDDED GARBAGE -- The wastes from the preparation, cooking and dispensing of food that have been shredded to such 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.

    PUBLIC SEWER -- A sewer controlled by public authority, i.e., the Village of Honeoye Falls, New York.

    SANITARY SEWER -- A sewer which carries sewage and to which storm-, surface and ground water are not intentionally admitted.

    SEWAGE -- A combination of the water-carried waste from residences, business buildings, institutions, industrial establishments or other places.

    SEWAGE TREATMENT PLANT -- Any arrangement of devices, buildings and structures owned by the Village of Honeoye Falls, New York, and used for treating sewage.

    SEWER -- A pipe or conduit for carrying sewage.

    SEWER SYSTEM -- All facilities for the collection, pumping, treatment and disposal of sewage, industrial or other waste, owned and operated or maintained by the Village of Honeoye Falls.

    STORM SEWER or STORM DRAIN -- A sewer which carries storm- and surface waters and drainage, but excludes sewage and polluted industrial wastes.

    SUPERINTENDENT OF SEWERS or DULY APPOINTED PUBLIC OFFICIAL -- The person in charge of the sewer system of the Village of Honeoye Falls, New York.

    SUSPENDED SOLIDS -- 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.

    VILLAGE -- The Village of Honeoye Falls, Monroe County, New York.

  2. Word usage. "Shall" is mandatory; "may" is permissive.

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§ 140-24. Requirements and limitations of use of sewer system.

  1. The owner of any residence, building or property used for human occupancy, employment, recreation, commerce, manufacturing or other purpose situated in the Village and abutting on any street, alley, easement or right-of-way in which there is a public sewer line or to which there is otherwise available or accessible a public sewer line is hereby required, at his expense, to connect such residences, building or property directly with the public sewer and to install suitable toilet facilities therein within 30 days after official notice to do so.
  2. It shall be unlawful for any person to place, deposit or permit to be deposited upon public or private property within the Village of Honeoye Falls any human or animal excrement, garbage or other objectionable wastes, 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 sewage within the Village of Honeoye Falls, New York. [Amended 12-20-1982]
  3. Where the Superintendent of Sewers of other duly appointed public official certifies that the Village sewer system is not available, an owner may employ a private sewage disposal system, the type, capacity, location and construction of which shall comply with all requirements of the Monroe County Health Department.
  4. No person shall discharge or cause to be discharged any storm-, surface and ground water, roof runoff, subsurface drainage, cooling water, impounded water or unpolluted industrial process waters to any sanitary sewer or public sewer.
  5. 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 Superintendent of Sewers or other duly appointed public official. Industrial cooling water or other unpolluted process waters may be discharged to a storm sewer or natural outlet upon approval of the Superintendent of Sewers or other duly appointed public official.
  6. Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer:
    1. Any liquid or vapor having a temperature lower than 32° F. or higher than 150° F.
    2. Any water or waste which may contain more than 100 milligrams per liter of fats, oils or greases.
    3. Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas.
    4. Any garbage that has not been properly shredded.
    5. Any ashes, cinders, sand, mud, straw, shavings, animal wastes, metal, glass, rags, feathers, tar, plastics, wood, manure or any other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works in the opinion of the Superintendent of Sewers or other duly appointed public official.
    6. Any waters or wastes having a pH lower than five point five (5.5) or higher than nine point five (9.5) or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewer works, in the opinion of the Sewer Plant Operator.
    7. Waters or wastes bearing toxic substances. [Amended 2-25-1974]
      1. Any waters or wastes bearing toxic substances above the standard set for normal sewage or pathogenic bacteria, unless the Village determines that such concentration will not adversely affect any of the biochemical, chemical or other sewage treatment process or sewage system. The following is a partial list of toxic substances and pathogenic bacteria:
        1. Antibiotics.
        2. Elemental bromine, iodine, chlorine, fluorine.
        3. Creosols or creosotes.
        4. Phenol and phenolic compounds that convert to phenol in the sewage system.
        5. Sulfonamides, toxic dyes (organic or mineral).
        6. Beryllium and beryllium compounds.
        7. Mercury and mercury compounds.
        8. All strong oxidizing agents, such as chromates, dichromates, permanganates, peroxides, etc.
        9. Any strong reducing agents causing hazardous conditions in the sewage system.
        10. Chemical compounds producing toxic, flammable or explosive gases, either upon acidification, alkalinization, oxidation or reduction.
        11. Wastes from industrial processes or hospital procedures containing viable pathogenic organisms.
      2. The concentration in sewage of the following toxic substances or other toxic substances for which the Monroe County Pure Water Agency, the Monroe County Department of Environmental Conservation, the New York State Department of Environmental Conservation or the United States Environmental Protection Agency has set toxicity limits shall not exceed the more restrictive of the concentration limits specified below or by the Monroe County Pure Water Agency, the Monroe County, New York State or United States Departments of Environmental Conservation when discharged into the sewer. The Village may revise these limits or insert additional items after a hearing when, in the opinion of the Village, the need for a change is indicated; and there is hereby adopted as a toxicity limit any limit hereafter adopted by the Monroe County Pure Water Agency, the Monroe County Department of Environmental Conservation or the New York State or United States Environmental Protection Agency, if such limit is more restrictive than the limit set forth below or covers substances not listed below. Subject to such later change, the following list contains the permitted toxic substances and levels of concentration: [Amended 9-16-1985 by L.L. No. 4-1985]

        Substance
         

        Arsenic and compounds of arsenic expressed as (As)

        Barium (Ba)

        Cadmium (Cd)

        Chromium, hexavalent (Cr6+)

        Dissolved copper (Cu)

        Cyanide, total

        Cyanide, free

        Formaldehyde as HCHO vapor

        Lead (Pb)

        Mercury

        Nickel (Ni)

        PCB

        Selenium (Se)

        Soluble silver as (Ag)

        Zinc (Zn)

        Soluble manganese and/or iron

        Level of concentration
        (mg/1)

        0.5

        2.0

        0.15

        1.0

        1.0

        1.0

        0.1

        5.0

        1.0

        0.05

        3.0

        0.001

        2.0

        1.0

        5.0

        5.0

      3. When findings of the Village show that the volume of a single toxic industrial waste discharge or the combined toxic industrial waste discharge of a group of industries within a single contributory area is so large as to raise a question of the ultimate concentration of toxic substances entering a treatment plant or in cases where it is known that the toxic substances in the concentrations involved will be effectively removed by the treatment works without causing deleterious effects of any kind to the treatment process or the receiving waters, the Village may rule that separate or special concentration limits shall be used by the contributors in that area.
      4. Any discharge which, in the belief of the Superintendent of Sewers or other duly appointed public official, will cause serious, imminent harm, injury or adverse effects on the sewer system structures or equipment or to any persons or to the biota of the receiving waters, the Superintendent of Sewers or other duly appointed public official shall take any temporary action necessary to protect the public health, safety or welfare without a prior hearing or order of the Village. Review of any emergency action by a hearing will be accomplished without delay to determine what, if any, permanent restriction is necessary. The Superintendent of Sewers or other duly appointed public official, acting upon the belief that any emergency exists, shall be indemnified against any personal liability that may arise in the performance of his duties to protect the public health, safety or welfare of Monroe County.
    8. Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant, in the opinion of the Superintendent of Sewers or other duly appointed public official.
    9. Any noxious or malodorous gas or substance capable of creating a public nuisance.
  7. Grease, oil and sand interceptors shall be provided when, in the opinion of the Superintendent of Sewers or other duly appointed public official, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand, grit 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 of Sewers or other duly appointed public official and shall be located so as to be readily and easily accessible for cleaning and inspection. Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature and shall be of substantial construction, watertight and equipped with easily removable covers which, when bolted in place, shall be gastight and watertight.
  8. Where installed, all grease, oil and sand interceptors shall be maintained by the owner at his expense, in continuously efficient operation at all times.
  9. The admission into the public sewers of any waters or wastes having a five-day biochemical oxygen demand greater than 300 milligrams per liter, or containing more than 350 milligrams per liter of suspended solids or containing any quantity of substance having the characteristics described in Subsection F of this section or having an average daily flow greater than 2% of the average daily sewage flow of the Village, shall be subject to the review and the approval of the Board of Trustees of the Village. Where necessary, in the opinion of the Board of Trustees of the Village, the owner shall provide, at his expense, such pretreatment as may be necessary to reduce the biochemical oxygen demand to 300 milligrams per liter and the suspended solids to 350 milligrams per liter, or reduce objectionable characteristics or constituents to within the maximum limits provided for in this section, or control the quantities and rates of discharge of such waters or wastes. Plans, specifications and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the Board of Trustees of the Village and no construction of such facilities shall be commenced until said approval is obtained in writing. Where preliminary treatment facilities are required for any waters or wastes, the permit for connection to the sewage system will be voided unless such pretreatment units, when placed in operation, have demonstrated their effectiveness by test. The cost of such testing, sampling and analysing shall be borne by the waste contributor. Said preliminary treatment facility shall be maintained continuously and satisfactory in effective operation by the owner at his expense.
  10. When required by the Superintendent of Sewers or other duly appointed public official, the owner of any property served by a house lateral carrying commercial-industrial wastes shall install a suitable control manhole in the lateral to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be conveniently and safely located and shall be constructed in accordance with plans approved by the Superintendent of Sewers or other duly appointed public official. The manhole shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times.
  11. All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in Subsections F and I shall be determined in accordance with standard methods for the examination of water and sewage and may be determined at the control manhole provided for in Subsection J or upon suitable samples taken at said manhole. In the event that no special manhole has been required, the control manhole may be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Any analyses required by the Superintendent of Sewers or other duly appointed public official pursuant to the provisions of this Article may be performed at the sewage treatment plant or at such laboratory as may be designated by the Superintendent of Sewers or other duly appointed public official, and, if the latter, the cost of these analyses shall be borne by the owner.
  12. No statement contained in this section shall be construed as preventing any special arrangement or agreement between the Board of Trustees of the Village or any industrial, commercial or other owner from whose premises a commercial, industrial or domestic waste emanates which is of unusual strength or character, allowing such waste to be accepted by the Board of Trustees of the Village for treatment subject to payment therefor by such owner.

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§ 140-25. Connection to sewer system.

  1. No person shall enter into, open, connect with, use or do any repair or maintenance work with respect to the sewer system, except under the inspection and direction of the Superintendent of Sewers or other duly appointed public official and without first obtaining a written permit from the Superintendent of Sewers or other duly appointed public official.
  2. Sewer connection fee. [Amended 1-12-1970; 8-17-1981; 7-23-1984 by L.L. No. 1-1984; 5-18-1987 by L.L. No. 2-1987]
    1. ,ENThe owner or his agent shall make application for a sewer connection permit on a special form furnished by the Village. The permit application shall be supplemented by such plans, specifications and other information considered pertinent and requested by the Superintendent of Sewers or other duly appointed public official. The fee for the sewer connection permit shall be paid to the Village Clerk at the time the application is filed. The Village Board of Trustees shall have the authority, by resolution, to determine and fix the unit charge for a sewer connection permit and to change the same from time to time.EN Sewer unit(s) shall be established for the purpose of a sewer connection permit charge as follows: [Amended 10-5-1987]

      Type

      Single-family residence or dwelling

      Each family or dwelling in a multiple- family residence

      Apartment, for each separate occupancy or rental unit

      Stores, for each 2 closet stools

      Laundromats, for each 2 washers

      Car wash, for each stall or wash bay

      Gas stations, car garages, service stations without a car wash (a car wash charged separately as above)

      Office and medical buildings, for each 2 closet stools

      Restaurants, for each 100 seats of capacity

      Churches, for each 100 seats of capacity

      Hospitals and rest homes, for each 2 beds

      Schools, for each 15 students and employees

      Number of Units

      1

      1

      0.7

      1

      1

      1

      1
       

      1

      1

      1

      1

      1

    2. All other users of the sewer system, including industrial users, must be determined on an individual basis. The basic unit for determining the sewer connection fee shall be the estimated annual water use divided by 60,000 gallons, and each shall constitute a minimum of one unit, except as designated above.
  3. All costs and expense incident to the installation and connection of the building drain and house lateral shall be borne by the owner, and the owner shall also be liable for the initial cost of installation and continued maintenance of the house lateral from the building to the Y-connection where provided in the sewer system or directly to the sewer line where no Y-connection has been provided. The owner, before a permit is issued, shall agree to indemnify the Village from any loss or damage that may directly or indirectly be occasioned by the installation of the house lateral or its connection to the sewer system.
  4. A separate and independent house lateral shall be provided for every building. Existing private sewer lines or laterals not passing through a septic tank may be used when they are found on examination by the Superintendent of Sewers or other duly appointed public official to be satisfactory and to meet all other requirements of this Article. Abandoned septic tanks, cesspools, laterals and other private sewage disposal facilities shall be removed or filled with suitable materials.
  5. House laterals shall be cement asbestos Class 2400 (transite or equal) or extra-heavy cast-iron soil pipe and shall be surrounded by select earth compacted to at least a distance of one foot above the pipe. Cast-iron soil pipe must be used for the building drain through the wall of any building and for at least four feet from the building to the connection of the building drain to the house lateral or building lateral.
  6. The size and slope of the house lateral shall be subject to the approval of the Superintendent of Sewers or other duly appointed public official, but in no event shall the lateral diameter be less than four inches. The slope of such four-inch pipe shall be not less than one-fourth (1/4) inch per foot, except where unusual circumstances establish a proven hardship, in the opinion of the Superintendent of Sewers or other duly appointed public official, and his decision shall be final in this regard.
  7. No house lateral shall be laid in a ditch paralleling a water or gas line within four feet of such other lines, nor shall it be laid parallel to or within three feet of any bearing wall which might thereby be weakened. All house laterals shall be laid at uniform grade and in straight alignment insofar as possible, and changes in direction shall be made only with properly curved pipe and fittings. The depth thereof shall be sufficient to afford protection from frost.
  8. In all buildings in which any building drain is too low to permit gravity flow to the sewer system, sanitary sewage carried by such drain shall be lifted by approved artificial means and discharged to the house laterals.
  9. All excavation required for the installation of a house lateral shall be open trench work, unless otherwise approved by the Superintendent of Sewers or other duly appointed public official. Pipelaying and backfill shall be performed in accordance with ASTM specification No. C-12, except that no backfill shall be placed until the work has been inspected. No house lateral shall be connected to the sanitary sewer system unless the structure to be served shall have a soil line properly vented in a manner approved by the Building Inspector with such cleanouts along the house lateral as may be required by the Superintendent of Sewers or other duly appointed public official.

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§ 140-26. Power and authority of inspectors.

  1. The Superintendent of Sewers or other duly appointed public official, other duly authorized employees of the Village and representatives of the United States Environmental Protection Agency and the New York State Department of Environmental Conservation bearing proper credentials shall be permitted to enter upon any property at reasonable hours for the purpose of inspecting, measuring, sampling, testing, repairing or disconnecting or for any purpose reasonably necessary to carry out and enforce the provisions of this Article. [Amended 12-20-1982]
  2. The Board of Trustees of the Village may, at any time in its discretion, stop and prevent the discharge into the sewer system of any substance which it considers may injure the sewer system or interfere with its normal operation or obstruct the flow or hinder any process of sewage purification, and it may, in furtherance of this provision, sever the connection and cause the removal of any house lateral or building lateral through which such detrimental substances are being discharged or cause the water service to be discontinued, or both. No action shall be taken by the Board of Trustees to implement the foregoing provisions unless the Village shall have given the owner at least 48 hours' notice in writing stating the action to be taken and the grounds therefor, except that such notice shall not be required if immediate action is necessary to prevent injury to the sewer system or any part thereof.

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§ 140-27. Penalties for offenses.EN

  1. No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or otherwise tamper with any structure, appurtenance or equipment which is a part of the Village sanitary system. Any such person shall be liable to the Village for any expense, loss or damage occasioned by reason of such violation.
  2. Any person violating any provisions of this Article shall, upon conviction, be subject to a fine not to exceed $250 or imprisonment for not more than 15 days, or both such fine and imprisonment. When any such violation shall be continuous for more than one day, each 24 hours thereof shall constitute a separate, distinct and additional violation. In addition thereto, such a person shall be liable to the Village for any expense, loss or damage occasioned by reason of such violation.

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