[HISTORY: Adopted by the Board of Trustees of the Village of Fredonia as indicated in article histories. Amendments noted where applicable.]
Fire prevention and building construction — See Ch. 151.
Flood damage prevention — See Ch. 155.
Housing standards — See Ch. 179.
Water — See Ch. 287.
Fees — See Ch. A312.
§ 237-1. Definitions and word usage.
A. 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 — 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 buildings and conveys it to the building sewer, beginning five feet (1.5 meters) outside the inner face of the building wall.
BUILDING SEWER — The extension from the building drain to the public sewer or other place of disposal.
COMBINED SEWER — A sewer receiving both surface runoff and sewage.
GARBAGE — Solid wastes from the domestic and commercial preparation, cooking and dispensing of food and from the handling, storage and sale of produce.
INDUSTRIAL WASTES — The liquid wastes from industrial manufacturing processes, trade or business, as distinct from sanitary sewage.
NATURAL OUTLET — Any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.
PERSON — Any individual, firm, company, association, society, corporation or group.
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 a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch (1.27 centimeters) in any dimension.
PUBLIC SEWER — A sewer in which all owners of abutting properties have equal rights and which is controlled by public authority.
SANITARY SEWER — A sewer which carries sewage and to which storm-, surface and ground-waters are not intentionally admitted.
SEWAGE — A combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground-, surface and storm waters as may be present.
SEWAGE TREATMENT PLANT — Any arrangement of devices and structures used for treating sewage.
SEWAGE WORKS — All facilities for collecting, pumping, treating and disposing of sewage.
SEWER — A pipe or conduit for carrying sewage.
SLUG — Any discharge of water, sewage or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average twenty-four-hour concentration or flow during normal operation.
STORM DRAIN (sometimes termed “storm sewer”) — A sewer which carries storm- and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.
SUPERINTENDENT — The Superintendent of Public Works and/or his authorized deputy, agent or representative.
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.
WATERCOURSE — A channel in which a flow of water occurs, either continuously or intermittently.
B. “Shall” is mandatory; “may” is permissive.
§ 237-2. Connection to public sewers required; discharge of wastes.
A. No person shall place, deposit or permit to be deposited in any unsanitary manner on public or private property within the Village of Fredonia or in any area under the jurisdiction of the Village of Fredonia any human excrement, urine, garbage or other objectionable waste. [Amended 10-25-2004 by L.L. No. 7-2004]
B. It shall be unlawful to discharge to any natural outlet within the Village of Fredonia or in any area under the jurisdiction of such Village any sewage or other polluted waters except where suitable treatment has been provided in accordance with subsequent provisions of this article.
C. 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.
D. The owners 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 their expense, to install suitable toilet facilities therein and to connect such facilities directly with the proper public sewer in accordance with the provisions of this article within 90 days after date of official notice to do so, provided that such public sewer is within 100 feet (30.5 meters) of the property line.
§ 237-3. Private sewage disposal systems.
A. Where a public sanitary or combined sewer is not available under the provisions of § 237-2D, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this section.
B. Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the Superintendent of Public Works. 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 is deemed necessary by the Superintendent. A permit and inspection fee as set by resolution of the Board of Trustees shall be paid to the Village at the time the application is filed. [Amended 12-9-1996 by L.L. No. 8-1996]
C. A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Superintendent. He 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 24 hours of the receipt of notice by the Superintendent.
D. The type, capacities, location and layout of a private sewage disposal system shall comply with all recommendations of the Chautauqua County Health Department. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the lot is not served by the Village water supply, provided that the area of the lot is less than 20,000 square feet. No septic tank or cesspool shall be permitted to discharge to any natural outlet.
E. At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in § 237-2D, a direct connection shall be made to the public sewer in compliance with this article, and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned and filled with suitable material.
F. The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times at no expense to the Village.
G. No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the Health Officer.
H. When a public sewer becomes available, the building sewer shall be connected to such sewer within 60 days, and the private sewage disposal system shall be cleaned of sludge and filled with clean bank-run gravel or dirt.
§ 237-4. Building sewers and connections; permit required; construction requirements.
A. No unauthorized person shall uncover, make any connection with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Superintendent.
B. Building sewer permits.
(1) There shall be two classes of building sewer permits:
(a) For residential and commercial service.
(b) For service to establishments producing industrial wastes.
(2) In either case, the owner or his agent shall make application on a special form furnished by the Village. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Superintendent. A permit and inspection fee for a residential or commercial building sewer permit and for an industrial building sewer permit, which fees shall be as set by resolution of the Board of Trustees, shall be paid to the Village at the time the application is filed. [Amended 12-9-1996 by L.L. No. 8-1996]
C. All costs and expense incident 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.
D. A separate and independent building sewer shall be provided for every building; except that where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.
E. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Superintendent, to meet all requirements of this article.
F. The size, slope, alignment and 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 American Society for Testing and Materials and the Water Pollution Control Federation Manual of Practice No. 9 shall apply.
G. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.
H. No person shall make connection of roof downspouts, exterior 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.
I. 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 American Society for Testing and Materials and the Water Pollution Control Federation Manual of Practice No. 9. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the Superintendent before installation.
J. 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 shall be made under the supervision of the Superintendent or his representative.
K. 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.
§ 237-5. Unlawful discharges; discharge of stormwater.
A. No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters to any sanitary sewer.
B. Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designed as combined sewers or storm sewers or to a natural outlet approved by the Superintendent. Industrial cooling water or unpolluted process waters may be discharged, on approval of the Superintendent, to a storm sewer, combined sewer or natural outlet.
C. It shall be unlawful for any person to discharge directly or indirectly into the sewer system of the Village of Fredonia or into any private sewer drain emptying into the Village sewer system any substance, sewage or wastewater, the characteristics of which do not conform to the concentration limits prescribed in § 237-6 herein, or to discharge into the sewer system any toxic substances or any other objectionable material or substance as specified under this article, except upon written approval of the Village of Fredonia or its duly designated agent or representative and upon such terms and conditions as may be established by the Village of Fredonia or its duly designated agent or representative in the acceptance of the wastewater. [Added 10-10-1977 by L.L. No. 8-1977]
§ 237-6. Discharge of certain substances regulated. [Amended 10-10-1977 by L.L. No. 8-1977]
It shall be unlawful for any person to permit the discharge or infiltration into any public sewer or into any private sewer drain emptying into any public sewer any of the following:
A. Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas.
B. Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process to constitute a hazard to humans or animals to create a public nuisance to or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to cyanides in the wastes as discharged to the public sewer.
C. Any waters or wastes having a pH lower than 5.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works.
D. Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works, such as but not limited to ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
E. Any liquid or vapor having a temperature higher than 150° F. (65° C.).
F. Any water or waste containing fats, wax, grease or oils, whether emulsified or not, in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32° and 150° F. (0° and 65° C.).
G. Any garbage that has not been property shredded. The installation and operation of any garbage grinder equipped with a motor of 3/4 horsepower (0.76 horsepower metric) or greater shall be subject to the review and approval of the Superintendent.
H. Any waters or wastes containing strong-acid iron-pickling wastes or concentrated plating solutions whether neutralized or not.
I. Any of the following toxic substances which are in excess of the thirty-day or twenty-four-hour effluent concentration limits hereinafter set forth below. The numbers for the thirty-day average and the twenty-four-hour average are in milligrams per liter:
J. Any waters or wastes containing phenols or other taste- or odor-producing substances in such concentrations exceeding limits which may be established by the Superintendent as necessary to meet the requirements of the state, federal or other public agencies of jurisdiction for such discharge to the receiving waters.
K. Any radioactive wastes or isotopes.
L. Any waters or wastes having a pH in excess of nine point five (9.5).
M. Materials which exert or cause:
(1) Unusual concentrations or inert suspended solids (such as but not limited to fullers earth, lime, slurries and lime residues) or of dissolved solids (such as but not limited to sodium chloride and sodium sulfate).
(2) Excessive discoloration (such as but not limited to dye wastes and vegetable tanning solutions).
(3) Unusual BOD, chemical oxygen demand or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.
(4) An unusual volume of flow or concentration of wastes constituting slugs, as defined herein.
N. Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
O. Water wastes involving hydraulic and/or organic loadings in excess of design criteria limitations established, from time to time, by regulatory agencies for enlarged or new treatment plant facilities.
§ 237-7. Pretreatment and control of wastes.
A. 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 § 237-6 and which, in the judgment of the Superintendent, may have a deleterious effect upon the sewage works, processes, equipment or receiving waters or which otherwise create a hazard to life or constitute a public 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 the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of § 237-9.
B. 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 and be subject to the requirements of all applicable codes, ordinances and laws.
C. Grease, oil and sand interceptors shall be provided when, in the opinion of the Superintendent, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Superintendent and shall be located so as to be readily and easily accessible for cleaning and inspection.
D. Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.
E. When required by the Superintendent, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole, together with such necessary meters and other appurtenances, in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the Superintendent. 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.
§ 237-8. Measurements, tests and analyses.
All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this article shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, and shall be determined at the control manhole provided or upon suitable samples taken at such control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property. (The particular analyses involved will determine whether a twenty-four-hour composite of all outfalls of a premises is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from twenty-four-hour composites of all outfalls whereas pH’s are determined from periodic grab samples.)
§ 237-9. Special agreements for industrial concerns.
A. No statement contained in §§ 237-5 to 237-8, inclusive, shall be construed as preventing any special agreement or arrangement between the Village and any industrial concern whereby an industrial waste of unusual strength of character may be accepted by the Village for treatment, subject to payment therefor by the industrial concern.
B. All industries shall comply with any pretreatment standards established pursuant to Section 307 of Public Law 92-500 as required for a national pollution discharge elimination system permit. [Added 10-10-1977 by L.L. No. 8-1977]
§ 237-10. Tampering with sewage works. [Amended 12-9-1996 by L.L. No. 8-1996]
No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the sewage works.
§ 237-11. Inspections.
A. The Superintendent and other duly authorized employees of the Village bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this article. The Superintendent or his representatives shall have no authority to inquire into any processes, including metallurgical, chemical, oil, refining, ceramic, paper or other industries, beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.
B. While performing the necessary work on private properties referred to in Subsection A of this section, 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 § 237-7E.
C. 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 sewage works lying within such easement. All entry and subsequent work, if any, on such easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
D. Authorized employees of the United States Environmental Protection Agency and of the New York State Department of Environmental Conservation bearing proper identification and credentials shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling and testing in accordance with this article. [Added 10-10-1977 by L.L. No. 8-1977]
§ 237-12. Penalties for offenses. [Amended 12-9-1996 by L.L. No. 8-1996]
A. Except as provided below in § 237-12C, any person found to be violating any provisions of this article 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. The offender shall, within the period of time stated in such notice, permanently cease all violations. [Amended 10-25-2004 by L.L. No. 7-2004]
B. Any person who shall continue any violation beyond the time limit provided for in Subsection A above shall be guilty of a violation and, on conviction thereof, shall be fined in the amount not exceeding $250 or shall be imprisoned for no more than 15 days, or both, for each violation. Each day in which a violation shall continue shall constitute a separate offense. [Amended 10-25-2004 by L.L. No. 7-2004]
C. Any person who shall deposit or place any urine or excrement in violation of § 237-2a above shall, upon conviction thereof, by guilty of a violation and shall be fined as follows: upon conviction of the first offense, a sum not exceeding $200; upon conviction of a second offense, a sum not exceeding $300, and upon conviction of three or more offenses, the sum of $400 of each offense. No prior notice of violation shall be required to be served by the Village on the offender before a violation occurs. Any previous violation of § 237-2 of the Code of the Village of Fredonia shall be considered a violation. [Added 10-25-2004 by L.L. No. 7-2004 ]
D. Any person violating any of the provisions of this chapter shall become liable to the Village for any expense, loss or damage occasioned the Village by reason of such violation.
[Adopted 4-24-1961 as L.L. No. 1-1961]
§ 237-13. Applicability.
This Article shall apply to the entire sewer system of the Village of Fredonia.
§ 237-14. Definitions. [Amended 4-28-1975 by L.L. No. 4-1975]
As used in this article, the following terms shall have the meanings indicated:
SEWER SYSTEM (of the Village of Fredonia for which sewer rents are hereinafter established and imposed) — Includes the sewers, manholes, intercepting sewers, sewage pumping, treatment and disposal works and any other plants, works or equipment and appurtenances within or outside the Village which are used or useful in whole or in part in connection with the collection, treatment or disposal of sewage, industrial waste and other wastes and which are owned, operated or maintained by the Village of Fredonia as part of the public sewer system.
§ 237-15. Sewer rents; sewer meters. [Amended 4-28-1975 by L.L. No. 4-1975; 6-13-1977 by L.L. No. 2-1977; 5-29-1979 by L.L. No. 3-1979; 5-10-1982 by L.L. No. 3-1982; 11-8-1982 by L.L. No. 9-1982; 5-23-1983 by L.L. No. 2-1983]
A. In addition to any and all other fees and charges provided by law, the owner of any parcel of real property located within the Village of Fredonia connected with the sewer system of the Village of Fredonia, including but not limited to real property connected with said sewer system by means of a private sewer or drain emptying into the sewer system, shall pay a sewer rent for the use of the sewer system. Said sewer rent shall become due and payable quarterly based upon water supplied to any such real property as measured by water meters on said premises.
B. However, Village users of the sewage treatment system shall be permitted to use a sewer meter in lieu of the water meter method to measure the flow in determining sewer rentals. Sewers meters shall be allowed only to users who have consumed more than 1,000,000 gallons of water per year as determined by water consumed by the user as measured by the Village meter readings for the previous four quarterly periods immediately preceding the application for a sewer meter. The proposed user of the sewer meter must first apply to the Chief Operator or, in his absence, the Village Engineer on application forms supplied by the Village of Fredonia, and the applicant shall supply plans and specifications showing the details of the meter and the place of installation. The type of sewer meter shall meet current standards acceptable in the industry and be approved by the Chief Operator of the sewage treatment plant and the Village Engineer. The sewer meter shall be purchased, installed, maintained, repaired and replaced at the sole cost and expense of the applicant. The Village of Fredonia officers and employees shall have access to the sewer meter for the purposes of inspection and readings. In the event that such access is denied for any reason or in the event that the sewer meter becomes inoperable, does not function properly or is inadequate for any reason as determined by the Chief Operator or Village Engineer or in the event that the quarterly water meter readings show consumption of water less than 250,000 gallons for such quarterly period, the water meter readings method or estimates of water meter readings, if actual water meter readings are not practicable, shall be used by the Village as the basis of measuring sewer flow in determining sewer rentals.
C. When approved by resolution of the Board of Trustees of the Village of Fredonia, the Village shall use a percentage of water consumption in determining the sewer flow for a particular user whose sewer flow meter is not functioning properly. The percentage of water consumption shall be a figure which, after due study, the Board of Trustees believes best approximates the actual sewer flow for the particular user. The percentage-of-water-consumption method shall be used only during the period that the sewer flow meter is not properly functioning, and the user shall provide to the Village accurate and verified daily records or, in the alternative, the Village shall have the right to determine the amount of water consumed. The user shall promptly take all necessary measures to promptly correct the sewer meter, and in no event shall the percentage-of-water-consumption method be used for more than 60 days in any calendar year unless the Village determines that the user is taking all necessary measures to promptly correct the sewer meter or that the sewer meter is not working properly due to a plugged sewer line attributable to the Village, in which case the Village shall allow the percentage-of-water-consumption method to be continued. At the end of the Village’s fiscal year or as soon thereafter as accurate figures are available, the Village shall adjust the billings based on the percentage of water consumption to reflect the actual readings for the previous Village fiscal year and shall credit or bill the user accordingly. The Board of Trustees may, by resolution, from time to time, amend the percentage figure or discontinue the use of the percentage figure in determining sewer flow.
D. Said sewer rental is fixed for customers within the Village of Fredonia at the following quarterly rate: a minimum charge of $10 plus $3.15 for each 1,000 gallons of water supplied as measured by water meters approved by the Village of Fredonia or by sewer meters approved by the Village of Fredonia. [Amended 5-28-1985 by L.L. No. 3-1985; 5-23-1988 by L.L. No. 2-1988; 2-28-1990 by L.L. No. 1-1990; 4-29-1993 by L.L. No. 3-1993; 5-8-1995 by L.L. No. 3-1995; 5-28-1996 by L.L. No. 3-1996; 4-10-2000 by L.L. No. 5-2000; 5-27-2008 by L.L. No. 3-2008; 6-8-2009 by L.L. No. 4-2009; 6-28-2010 by L.L. No. 3-2010; 5-13-2013 by L.L. No. 2-2013]
§ 237-16. Billing and collections.
All sewer rents shall be billed and collected in the same manner and at the same time and with the same penalties as prescribed for the collection of water rents.
§ 237-17. Collection of unpaid sewer rents.
On or before the first day of May in each year, the Tax Receiver shall submit to the Board of Trustees a statement showing the names of the owners of property who have not paid the sewer rent as provided or prescribed herein and the amount of such unpaid sewer rent. Such sewer rents may also be collected in the manner prescribed in Subdivision 4 of § 452 of the General Municipal Law.
Industrial Waste Surcharge
[Adopted 2-26-1979 by L.L. No. 1-1979]
§ 237-18. Authority.
This Article is enacted pursuant to the authority of § 450 et seq. of the General Municipal Law of the State of New York and the Federal Water Pollution Control Act amendments of 1972, as amended to date.
§ 237-19. Title.
This Article shall be entitled “Industrial Waste Surcharge Local Law.”
§ 237-20. Definitions.
As used in this article, the following terms shall have the meanings indicated:
B.O.D. (denoting “biochemical oxygen demand”) — The laboratory determination of the total quantity of oxygen utilized in the biochemical oxidation of organic matter or in satisfying the oxygen demand of other materials present during incubation for a given time and at a specified temperature. It is commonly reported as parts per million (ppm) or milligrams per liter (mg/l) of oxygen used in a period of five days at 20° C.
CHIEF OPERATOR — The person appointed by the Village of Fredonia as Chief Operator of the Village of Fredonia sewage treatment plant.
C.O.D. (chemical oxygen demand) — The laboratory determination of the measurement of the oxygen equivalent of the organic matter content of a sample that is susceptible to oxidation by a strong chemical oxidant. [Added 10-28-1996 by L.L. No. 6-1996]
INDUSTRIAL WASTES — Any liquid, gaseous or solid substances, or a combination thereof, resulting from any process of industry, manufacturing, trade or business or from the development or recovery of any natural resource.
PERSON — Any individual, firm, company, association, society, corporation, institution or group.
PREMISES — Any parcel of real property, including land, improvements or appurtenances, such as buildings, grounds, etc.
PRIVATE SEWER — A sewer either on private property or in a public street which has not been constructed by nor is controlled by a public agency.
PUBLIC SEWER — A sewer in which all owners of abutting properties have equal rights and which is controlled by the Village of Fredonia.
SANITARY SEWER — A sewer, the specific purpose of which is to carry only sanitary and/or industrial waste.
SEWAGE TREATMENT WORKS (sewage treatment plant, pollution control plant) — Any arrangement of devices and structures for treating wastewater and handling the sludge resulting from such treatment owned by the Village of Fredonia.
SEWER — A pipe or conduit, generally closed, for carrying wastewater.
SEWER SYSTEM — All sewers, laterals or other connections or plants which connect with or pertain to a connection with the sewers, plants, public works and/or projects of the Village of Fredonia.
S.S. (denoting “suspended solids”) — The laboratory determination of the dry weight expressed in parts per million (ppm) or milligrams per liter (mg/l) of solids that either float on the surface, are in suspension or are settleable and can be removed from wastewater by filtering using standard methods.
WASTEWATER — The water-carried domestic, human or animal wastes from residences, buildings, industrial establishments or other places, together with such groundwater infiltration and industrial and commercial wastes as may be present.
§ 237-21. Implementation of surcharge.
In addition to any other fees, charges or sewer rents provided by law, the owner or tenant of any parcel of real property connected with the sewer system, including but not limited to real property connected with the sewer system by means of a private sewer or drain emptying into the sewer system, shall pay a surcharge for the use of the sewer system for discharging any industrial waste and other wastes accepted for admission thereto as set forth in this article.
§ 237-22. Authority to take samples.
A. The Chief Operator and other duly authorized employees of the Village of Fredonia bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this article. The Chief Operator or his representative shall have no authority to inquire into any process beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.
B. Samples shall be taken and flow measurements made, whenever possible, at a common manhole into which all flows from such premises are combined. Such manhole shall be constructed by the owner of such premises, at his own expense, when directed by order of the Chief Operator. Whenever the installation of such a common manhole is impossible or impractical, the owner of such premises shall construct and maintain at his own expense, in lieu of the common manhole, two or more manholes as required by order of the Chief Operator for accurate measurement of all flows discharged from such premises into the sewer system; in the event that no special manhole has been required, the control sample shall be taken at a point or points to be selected by the Chief Operator.
§ 237-23. Measurements, tests and analyses. [Amended 10-28-1996 by L.L. No. 6-1996]
All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this article shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater or other USEPA approved method and shall be determined at the control manhole or upon suitable samples taken at said control manhole. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of any hazards.
§ 237-24. Industrial waste disposal questionnaire.
A. Acceptance of a discharge into the sewer system is contingent upon filing with the Chief Operator an industrial waste disposal questionnaire. The following is a partial listing of information to be furnished prior to acceptance of the discharge by the Chief Operator:
(1) Details of production, number of employees, water consumption and usage, waste disposal facilities and other pertinent data to enable the Chief Operator to properly determine the nature of the waste being discharged.
(2) A plan of the property showing accurately all sewers, drains and house sewer connections.
(3) Laboratory determination of the characteristics of the sewage, industrial waste or other wastes discharged to the sewer system, if required by the Chief Operator, which shall be performed as prescribed under § 237-27 of this article.
B. Such laboratory determination shall be made at the expense of the owner of the premises, and when the owner has neither the facilities nor the professional personnel to properly perform this laboratory determination in accordance with the method prescribed in § 237-23 of this article, he shall have the laboratory determination performed and attested to by a person or agency of recognized professional standing.
C. The samples of sewage, industrial waste or other wastes for which a laboratory determination is to be made shall be taken in accordance with the direction of the Chief Operator, and the results shall be transmitted to the Chief Operator on a separate form supplied by the Chief Operator.
§ 237-25. Computation of surcharge. [Amended 7-31-1987 by L.L. No. 5-1987; 2-25-1991 by L.L. No. 5-1991; 4-26-1993 by L.L. No. 2-1993]
A. The industrial waste surcharge shall be computed by the Chief Operator using the following surcharge formula: [Amended 10-28-1996 by L.L. No. 6-1996]
B. Surcharge costs shall be billed, paid and collected in the same manner as the quarterly Village of Fredonia sewer rentals. Instead of quarterly billing, the Village, at its option, may bill on a monthly basis, in which case monthly pounds of BOD5 and suspended solids shall be used in computing the surcharge fee. Interest and/or penalties shall be charged for late payments, and a lien imposed on the real property and collected with Village taxes in the same manner as in Article II, Sewer Charges, presently in effect and as amended from time to time. Surcharge costs may be billed separately or appear on the regular sewer rental bills.
§ 237-26. Determination of volume.
In applying the surcharge formula, the Chief Operator shall use the figure representing the flow discharged into the sewer system, provided that the owner or tenant has installed a metering and sampling device approved by the Village of Fredonia and provided that the metering and sampling device is in good working condition; otherwise, the Chief Operator may use the amount of water supplied to the premises as shown upon the water meter, or may take samples from the manhole in the public sewer to which the premises discharges its wastes, or by any combination of the foregoing or by any other equitable method, to determine the amounts of BOD and SS.
§ 237-27. Determination of pollutant concentration.
A. The pollutant concentration of any wastewater shall usually be determined from representative samples discharged to the public sewers, taken by the Chief Operator or his representatives at sampling stations as described under § 237-22 of this article, at any period or time or of such duration and in such a manner as the Chief Operator may elect or at any place or manner mutually agreed upon between the person and the Chief Operator. The intent of any sampling procedure is to establish the pollutant concentration in the wastewater discharged during an average or typical working day. This concentration may be derived, according to the best judgment of the Chief Operator, by combining repeated subsamplings during one day, by combination of a series of such days or by combination of a number of a multiple of series of such days. The analyses of samples taken shall be performed in the laboratory of the sewage treatment works, and the surcharge and/or acceptability of the wastes shall be as determined from said analyses.
B. All surcharges shall be based on the analyses of the wastes from any plant or premises related to total volume of wastes as determined under § 237-26 of this article. The concentration of pollutants shall be used in calculating the industrial waste surcharge until the industry shall prove or the Village of Fredonia shall determine that a change in the manufacturing process, production or waste treatment of said industry warrants a reanalysis for the determination of a new pollutant concentration of its wastes discharged from such premises into the sewer system. The new pollutant concentration shall then be used in calculating the new surcharge and shall become effective as of the date of the resampling.
C. Whenever the wastes discharged from a premises to a public sewer might be expected to show appreciable periodic variation during the year due to manufacturing process or production variation due to seasonal changes, the Chief Operator may average the results of two or more series of analyses taken to reflect these variations and thereby determine an average annual pollutant concentration.
§ 237-28. Disputes concerning pollutant concentrations.
A person shall have the right to dispute the pollutant concentration of the wastes discharged from a premises to a public sewer as determined by § 237-27 of this article, provided that the person complies with the following procedure:
A. Prior to the beginning of any quarterly period for which the Chief Operator takes measurements, the person must submit a request for sampling and gauging of wastes to the Chief Operator to be carried out by an independent consultant of recognized professional standing to be paid by the person.
B. The independent consultant must confer with the Chief Operator in order that an agreement may be reached as to the various factors which must be considered on a sampling program.
C. The independent consultant employed by the person shall conduct the sampling and analysis program in consultation with the Chief Operator, who shall be afforded an opportunity to be present during any measuring, sampling or analysis.
D. In the event that the person disputes the computation of the pollutant concentration derived by the Chief Operator, he shall submit, within 10 days after receipt of the Chief Operator’s computation, a letter of protest to the Board of Trustees of the Village of Fredonia, together with the computation of the pollutant computation determined by the person’s independent consultant. The Board of Trustees shall, within 30 days, examine all information before it and may then affirm or modify the Chief Operator’s determination and adjust the surcharge costs accordingly, if necessary, and promptly notify the person of the decision of the Board of Trustees, which decision shall be considered conclusive and final.
§ 237-29. Firm with multiple buildings.
Where a firm is operating as an integrated manufacturing complex, involving more than one building with varying processes and having separate sewer connections within the same contributory area, such firm may be considered as one unit with multiple sewers. An analysis for each house sewer, based on separate samples and flows taken at each house sewer, may be combined, and the weighted average of the results thus obtained may be used as the measure of the pollutant or toxic concentration of the wastes discharged into the sewer system by said firm.
§ 237-30. Unrelated multiple buildings on one lot.
Where a parcel of real property consisting of one block and lot is occupied by multiple buildings having tenants with unrelated manufacturing processes, each building shall be considered a separate source of pollutants.
§ 237-31. Multitenanted industrial buildings.
Where a parcel of real property consisting of one block and lot or lots is occupied by a multitenanted industrial building connected to the sewer system by one or more sewers and the tenants in said building discharge wastewater into the drainage system, each tenant shall be considered a separate source of pollutants and the pollutant concentration shall be determined at sampling locations selected by the Chief Operator for each source.
§ 237-32. Industrial parks and industrial building complexes.
Where a parcel of real property consists of more than one block and lot and one or more buildings on said parcel occupy a single block, each such building or buildings may be considered as a block and lot with multiple buildings and the pollutant or toxic concentration discharged from said building or buildings to the sewer system shall be determined as prescribed under § 237-30 of this article.
§ 237-33. Responsibilities of tenants and owners.
A. The tenant of such real property, as described under §§ 237-29, 237-30 and 237-31 of this article, shall comply with all rules and regulations herein stated. The surcharge, if any, based on the pollutant concentration as determined by chemical analyses of the samples taken in accordance with §§ 237-30, 237-31 and 237-32 of this article shall be paid by the tenant of such parcel of real property.
B. In the case of toxic or prohibited wastes discharged by a tenant of any building or any parcel of real property as determined by chemical analyses of samples taken, the Chief Operator may hold either the tenant or the owner, or both, responsible for failure to comply with any provision or provisions of these rules and regulations applicable to toxic and prohibited waste discharges into the sewer system.
§ 237-34. Penalties for failure to pay surcharge; additional remedies.
Any person who fails to pay to the Village of Fredonia any surcharge costs so determined by the Chief Operator or the Village of Fredonia, as the case may be, within 30 days after billing or 30 days after final determination by the Village of Fredonia in case of a dispute shall be subject to interest and penalties on all sums for surcharge costs due from such person to the Village of Fredonia. In addition, the Village of Fredonia is authorized to disconnect any sewer from a person’s premises to the public sewer so as to terminate the entrance of wastewater from said premises into the public sewer if any surcharge cost fails to remain unpaid for a period in excess of one year from initial billing. Further, the Village of Fredonia is authorized to take such other lawful means to collect and enforce any unpaid surcharge costs as a debt owing to the Village of Fredonia if such surcharge costs remain unpaid for 30 days after initial billing or 30 days after final determination by the Board of Trustees of the Village of Fredonia in case of dispute of pollutant concentration.
. Editor’s Note: See Ch. A312, Fees.
. Editor’s Note: See Ch. A312, Fees.
. Editor’s Note: See Ch. 151, Fire Prevention and Building Construction.
. Editor’s Note: See Ch. 151, Fire Prevention and Building Construction.
. Editor’s Note: This local law also renumbered former Subsection C as Subsection D.
. Editor’s Note: See Ch. 287, Water, Art. I.