HomeMy WebLinkAboutLL #1 of 2011 TOL Sewer DistrictsTOWN OF LANSING, TOMPKINS COUNTY, NEW YORK
LOCAL LAW NUMBER 1 OF 2011
C.
REGULATION OF TOWN OF LANSING SEWER DISTRICTS AND SYSTEMS
SECTION 1: TITLE AND APPLICABILITY — The Town of Lansing hereby
adopts this local law, to be known as the Town of Lansing "Local Law Number 1 of
2011 ". This Local Law shall apply only within those areas of the Town of Lansing as are
not located within the Village of Lansing. This Local Law supersedes any prior local
laws, ordinances, rules, or regulations of the Town of Lansing pertaining to the subject
matter hereof, including, without limitation, Local Law Number 5 of 1985 (Town of
Lansing — Sewer Rent and Charges Law).
SECTION 2: PURPOSE — The purpose of this Local Law is to comply with New
York State laws and an intermunicipal agreement entered into pursuant to the General
Municipal Law of the State of New York relative to sewage transportation and
treatment for properties and systems within the Town of Lansing. The specific
purposes of this Local Law are more particularly stated as follows:
A. To permit discharges into the Sanitary Sewers of the Town of Lansing
Sewer System and districts, including laterals and tributaries thereto, that
J transport Sanitary Sewage, storm Sewage, or Normal Sewage.
B. To prohibit excessive volumes and/or inordinate rates of flow of Sewage
and wastes into Town of Lansing Sewer Systems.
C. To prohibit the contribution of Sewage, Industrial Wastes, or Other
Wastes of a flammable nature, or those Sewage, Industrial Wastes, or Other
Wastes that create, in any manner, any potential poisonous or hazardous
environment for Town Sewer System or Sewage Treatment Plan employees,
personnel, and similar Persons.
D. To prohibit the contribution of Sewage, Industrial Wastes, or Other
Wastes that may cause maintenance difficulties in trunk sewers, force mains,
pumping stations, sewage regulators, and other structures and appurtenances to
the Town of Lansing Sewer System and any Public Sewers tributary thereto.
E. To prohibit the contribution of Sewage, Industrial Wastes, or Other
Wastes which may create operating difficulties at any Sewage Treatment Plants
or Water Pollution Control Plants, as now exist or as any of the same may
hereafter be constructed, modified, or improved.
F. To prohibit and/or regulate by Permit the contribution of Sewage,
Industrial Wastes, or Other Wastes that require treatment at a level or cost
greater than required for equal volumes of Normal Sewage, and to surcharge
�- users for permitted effluent or contributions requiring treatment levels or costs
beyond the treatment level or costs normally incurred for the collection,
transportation, and treatment of Normal Sewage.
G. To require the treatment, before introduction into the Town of Lansing
Sewer System, of such wastes as may otherwise impair the strength and/or
durability of the structures appurtenant to the Town of Lansing Sewer System by
direct or indirect chemical action, or that may otherwise interfere with the
normal treatment processes.
H. To provide the authority and procedures for the Town of Lansing to
promulgate Rules, to investigate and prepare findings of facts, to collect Sewer
charges, rents and fees, to issue Permits, to hold hearings, to make decisions,
orders and opinions, and to give notice and make public all Rules and decisions
affecting substantial rights of Persons or property.
I. To protect the public health and to prevent nuisances.
SECTION 3: APPLICABILITY — This Local Law shall apply to all Persons within
or without the Town of Lansing that use or are specifically benefitted by Sewer services,
including any Sewer System infrastructure, such as, but not limited to, mains, pumps,
and lateral and service connections.
SECTION 4: DEFINITIONS — Unless the context specifically indicates, admits,
or requires otherwise, the meaning of the following terms as used in this Local Law
shall be as hereafter so defined:
A. BOD (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. BOD is commonly reported in milligrams per liter of oxygen used
in a period of 5 days at 20°C.
B. Chlorine Demand -- The difference between the amount of chlorine added
to water, Sewage, or Industrial Wastes and the amount of residual chlorine
remaining at the end of a 15 -minute contact period at room temperature.
Chlorine Demand is commonly expressed in milligrams per liter.
C. COD (denoting "chemical oxygen demand") -- The oxygen equivalent of
that portion of the organic matter in a sample that is susceptible to oxidation by a
strong chemical oxidant. The determination is made by the dichromate reduction
by oxidizable organic matter measured as the oxygen equivalent proportion of
the dichromate consumed, commonly expressed in milligrams per liter.
D. Contested Case -- A proceeding including, but not restricted to, rate
making, surcharging, and the issuance of Permits, in or by which the legal rights,
duties, or privileges of a Party are required by law to be determined by the Town
of Lansing after an opportunity for a hearing and/or other due process rights of
any such Person.
E. Control Manhole -- An accessible manhole at the connection between an
industrial building sewer and the Public Sewer. A Control Manhole shall be
constructed to allow and provide for the sampling, measuring, and observation
of industrial flows and Industrial Wastes.
F. Cooling Water -- The water discharged from any system of condensation,
air conditioning, cooling, refrigeration or other sources. It shall contain no
polluting substances which would produce: BOD or Suspended Solids in excess
of 10 milligrams per liter; Toxic Substances in excess of allowed limits; any
prohibited materials; or that could cause or contribute to thermal pollution of
_ any Receiving Waters.
G. Department of Health -- The Tompkins County Department of Health.
H. Garbage -- Solid wastes from: the domestic and commercial preparation,
cooking, and dispensing of any type of feed or food (e.g., whether intended for
human or non -human consumption or use); the handling, storage, and sale of
feed or produce; and/or from the packaging or canning of feed or food.
I. Grease or Fats -- Any material which is extractable from an acidified
sample of waste by hexane or other designated solvent.
J. Industrial Wastes -- Any liquid, gaseous, or solid substance, or a
combination thereof, resulting from any process of industry, manufacturing,
trade, or business, or from the development or recovery of any natural resources.
K. Normal Sewage -- Sewage, Industrial Wastes or Other Wastes which,
when analyzed, show by weight the following characteristics: (a) BOD of 2,500
pounds per million gallons (or 300 milligrams per liter) or less; (b) Chlorine
Demand of 208 pounds per million gallons (or 25 milligrams per liter) or less; (c)
COD of 5,000 pounds per million gallons (or 600 milligrams per liter) or less; (d)
Suspended Solids of 2,500 pounds per million gallons (or 300 milligrams per
liter) or less; and/or (e) Phosphates expressed as a concentration of phosphorus
'^ at 250 pounds per million gallons (or 30 milligrams per liter) or less. The values
-- for these characteristics are subject to revision by the Town of Lansing. The Town
of Lansing may also add values for other characteristics if such action becomes
appropriate and applicable to the treatment or transportation of Sewage.
L. Other Wastes -- Garbage (shredded or un -shredded), refuse, wood,
eggshells, coffee grounds, sawdust, shavings, bark, sand, lime, cinder, ashes and
all other discarded matter not normally present in Sewage or Industrial Wastes.
M. P (or Phosphate) -- The concentration of Phosphate as phosphorus
expressed in milligrams per liter.
N. Party -- Each Person or agency named or admitted as a Party, or any
Person properly seeking and entitled as of right to be admitted as a Party.
O. Petroleum Hydrocarbons -- That portion of the total extractable Grease or
Fats, and other petrol -based hydrocarbons, that are not retained on an activated
alumina absorption column after elutriating with hexane.
P. Permit -- A license issued to allow the use of a Town of Lansing Sewer
System for specific wastes over a limited period of time.
Q. Person -- Any individual, firm, company, association, society, corporation,
institution, entity, or group.
R. pH -- The negative logarithm of the reciprocal of the weight of hydrogen
ions measured in grams per liter of solution. This measurement indicates the
intensity of acidity and alkalinity on the pH scale running from 0.0 to 14.0. A pH
value of 7.0, the midpoint of the scale, represents pH neutrality. Values above 7.0
represent alkaline conditions and those below 7.0 represent acidic conditions.
S. Properly Shredded Garbage — Garbage arising from or in relation to the
preparation, cooking and dispensation of food that has been shredded to such a
degree that all particles will be carried freely under the flow conditions normally
prevailing in Public Sewers and/or the Town Sewer System, with no particle
having a dimension greater than 1/4" in any dimension.
T. Public Sewer -- The Sewers, manholes, intercepting sewers, sewage
pumping, treatment and disposal works; any other plant, works or equipment
and accessories within any municipality that discharges its Sewage and liquid
into a Town of Lansing Sewer System; and any other plant, works, or equipment
and accessories that transport, process, or handle Sewage from any Town of
Lansing Sewer System or districts.
U. Receiving Waters -- A natural watercourse or body of water into which
treated Sewage is discharged.
V. Rule -- Each statement of general applicability that implements, interprets
or prescribes law, regulations, or policies, or that describe the organization,
procedure, or practice requirements of the Town of Lansing in relation to Public
Sewers. This term includes the amendment or repeal of any prior Rule and the
adoption of any new rules or procedures.
W. Sanitary Sewage -- Sewage discharging or conveying from the sanitary
conveniences of dwellings (including apartment houses and hotels, but not
commercial kitchens therein), office buildings, factories, institutions, and filter
backwash from swimming pools.
X. Sanitary Sewer -- A Sewer which carries Sewage and into which
stormwater, surface water, and groundwater are not intentionally admitted.
Y. Scavenger Wastes -- The matter collected from privies, septic tanks,
cesspools, chemical toilets, camper and marine holding tanks, sludge from
biological treatment of Industrial Wastes, and other domestic waste collection
(� devices.
Z. Sewage -- A combination of the water -carried wastes from residences,
business buildings, institutions, and industrial establishments, together with
such groundwater, surface water, and stormwater as may be inadvertently
present. The admixture of Sewage as above defined with Industrial Wastes or
Other Wastes also shall be considered "Sewage" within the meaning of this
definition.
AA. Sewage Treatment Plant (or Water Pollution Control Plant) -- Any
arrangement of devices and structures used for treating Sewage and Industrial
Wastes, the handling of sludge resulting from such treatment, and the discharge
of treated effluent and/or liquids into a designated body of water or Receiving
Waters.
BB. Sewer -- A pipe or conduit for carrying Sewage.
CC. Sewerage Surcharge -- The demand payment for the use of a Public Sewer
and/or Sewage Treatment Plant for handling any Sewage, Industrial Wastes or
Other Wastes accepted for admission thereto in which the characteristics thereof
exceed the maximum values of such characteristics in Normal Sewage.
DD. Sewerage System -- All facilities and appurtenances used or intended to
be utilized in or for the collection, regulation, pumping, and transportation of
Sewage to a Sewage Treatment Plant.
EE. Slug -- Any discharge of water, Sewage, or Industrial Waste which, in the
concentration of any given constituent or in the volume of flow, exceeds, for any
period of duration longer than 5 minutes, more than 5 times the average 24-hour
concentration or flow during normal operation.
GG. Storm Sewer (or Storm Drain) -- A Sewer which carries stormwater and
surface waters and drainage, but which excludes Sewage and Industrial Wastes
other than Cooling waters and unpolluted waters.
HH. Suspended Solids -- The laboratory determination of the dry weight
expressed in milligrams per liter of solids that float on the surface, are in
suspension in Sewage, or are settle -able, and can be removed from Sewage by
filtration under approved conditions of analysis.
II. Toxic Substances -- Any substance whether gaseous, liquid, or solid that,
when discharged to a Public Sewer in sufficient quantities, will be detrimental to
the Sewer System, interfere with any biological sewage treatment process,
constitute a hazard to human beings or animals, may inhibit aquatic life, or
create a hazard to recreation in any Receiving Waters.
JJ. Town Sewer System (or Town Sewer or Town of Lansing Sewer System) --
Any Sewer plant, pipe, pump, equipment, or accessory or other appurtenance,
and including any land (or rights therein), that are owned, operated, or managed
by the Town of Lansing, including, but not limited to, trunk sewers, collection
sewers, force mains, pumping stations, Sewage Treatment Plants, and each and
all other accessory and appurtenant structures or devices either owned or leased
by the Town of Lansing, or otherwise utilized by the Town of Lansing, directly
or indirectly, in the transportation, handling, processing, treatment, and/or
discharge of Sewage, Industrial Waste, and Other Waste.
SECTION 5: USE LIMITATIONS AND CHARGES --
A. The use of the Town Sewer, and any Public Sewers tributary thereto or
connected therewith, shall be strictly limited and restricted, except as provided in
Subsection B hereof, to receive and accept the discharge of Sewage, Industrial
Wastes, and Other Wastes generated on, or discharged from, real property lying
within the bounds of any Town of Lansing Sewer district or extension as
established and altered, changed, modified, reduced, enlarged, combined and/or
consolidated by action of the Lansing Town Board.
B. The discharge of Sewage, Industrial Wastes, and Other Wastes generated
on or discharged from real property lying outside the bounds of any Town of
Lansing Sewer district or extension into a Town of Lansing Sewer shall be made
only with express consent of, and a contract awarded by, the Town of Lansing
pursuant to the terms and conditions of a Permit setting forth such terms and
conditions permitting such discharge.
C. All requirements, directives and orders calling for the mandatory use of
the Town of Lansing Sewers or Public Sewers tributary thereto for the proper
discharge of Sewage, Industrial Wastes and Other Wastes shall be established by
the Lansing Town Board in accordance with this Local Law, as well as in
accordance with the rules and regulations of the Tompkins County Department
of Health, the New York State Department of Environmental Conservation, and
other State or federal agencies having jurisdiction.
D. The Town Board of the Town of Lansing, after an examination of and an
inquiry into the past and projected future annual sewer operating costs, and all
matters related thereto, shall, upon an annual basis, determine and set the
formula for computing sewer rent and use charges to be imposed upon users of
the Town Sewer System. The Town, in addition to any sewer rents chargeable
pursuant to the Rules, shall also charge all users a pro -rated or use -rated charge
as billed to the Town of Lansing from the Village of Lansing for transportation
costs and the Village of Cayuga Heights for transportation and treatment costs,
mainly, but not exclusively, as such charges are regulated by and described in an
intermunicipal agreement between the Town of Lansing and said Villages
relating to the provision of sewer capacity and transportation and treatment
services.
SECTION 6: MATERIALS AND SUBSTANCES EXCLUDED FROM PUBLIC
SEWERS -
A. Exclusion of unpolluted waters - No Person shall discharge or provide a
connection for discharging or draining into any Town of Lansing Sewer System
or Public Sewer tributary any stormwater, surface water, groundwater, roof
runoff, subsurface drainage, contaminated or non -contaminated Cooling Water,
or any polluted or unpolluted industrial process water. Nor shall any Person
drain any catch basin, lake, swamp, pond, or swimming pool into the Town
Sewer except pursuant to a properly issued Permit and in compliance with the
terms and conditions of such Permit.
B. Prohibited materials, substances and wastes - Except as hereinafter
provided, no Person shall discharge or cause to be discharged or allow to run,
leak, or escape into any Public Sewer, pipe, channel, sewer appurtenance, any
waterway connecting with any Public Sewer, or into any private sewer
connected with a Public Sewer any of the following described materials,
substances or wastes, except such small quantities as may be present in normal
and typical household wastes:
(1) Any gasoline, benzene, naphtha, fuel oil, alcohols, petroleum
distillate, oil, or other flammable or explosive liquids, solids, or gases.
(2) Any waters or wastes containing toxic or poisonous solids, liquids,
or gases.
(3) Any water or wastes having a pH lower than 5.5 or higher than
10.0, or having any other corrosive property capable of causing damage
structures, equipment or the Sewer, or any hazard to any Person
employed in the operation of any Sewer.
(4) Construction materials, ashes, cinders, sand, mud, straw, shavings,
metal, glass, rags, feathers, tar, plastic, wood, paunch manure, coffee
grounds, fur, wax, cement, hops, spent grain, whole blood, filter media, or
�V1any other solid or viscous substance capable of causing an obstruction of
or interference with the normal rate of flow in Sewers, or that may other
interfere with the proper operation of the Sewer System.
(5) Any waters or wastes containing toxic or poisonous solids, liquids
or gases in sufficient quantity, either singly or by interaction with Other
Wastes that may: cause any risk of injury to or interference with any
sewage treatment process; constitute a hazard to humans or animals;
create a public nuisance; or create any hazard in any Receiving Waters.
C. Possible exclusion of certain materials and substances - No Person shall
discharge or cause to be discharged the following described substances,
materials, waters, or wastes, each and all of which are and have been found to
harm, or cause a risk of nuisance or harm to: the Sewer System; the sewage
treatment process; Receiving Waters; public health; the environment; and/or
public property. The criteria used in forming the Rules of the Town of Lansing
expressed within this Local Law include such factors as the quantities of said
wastes in relation to flows and velocities of effluent in the Sewers, component
materials and construction methodologies utilized in the Sewer System, Public
Sewers, and the Sewage Treatment Plant(s), the nature of the sewage treatment
process, the capacity of sewage treatment facilities, and the likelihood of harm,
injury, or nuisance to any Person or the environment (including, but not limited
to, any Receiving Waters). The characteristics of any effluent subject to review
will be determined from sampled wastewater collected at a Control Manhole
prior to entering the Public Sewers. The substances, materials or wastes
prohibited in the first instance, but subject to review by the Town of Lansing, are:
(1) Any liquid or vapor having a temperature higher than 105°
Fahrenheit ("F.").
(2) Any water or waste containing Fats, wax, Grease or oils, whether
emulsified or not, in excess of 100 milligrams per liter, or containing
substances which may solidify or become viscous at temperatures
between 32° F. and 105° F.
(3) Any Garbage that has not been properly shredded or triturated.
The installation and operation of Garbage grinders equipped with a motor
greater than 3/ horsepower shall be by Permit issued by the Town Code
Enforcement Officer.
(4) Any water or wastes containing strong acid metal pickling wastes
or concentrated plating solutions, whether neutralized or not.
(5) Any waters or wastes containing iron, chromium, copper, zinc and
similar objectionable substances or Toxic Substances.
(6) Any water or wastes containing phenols or other taste -producing
or odor -producing substances, in such concentrations exceeding limits
which shall be established by the Town of Lansing, as necessary, after
treatment of the composite Sewage to meet the requirements of the State,
federal or other public agencies of jurisdiction for such discharge to the
Receiving Waters.
(7) Any radioactive wastes or isotopes of such half-life or
concentration as may exceed limits established by the Town of Lansing in
compliance with applicable State or federal laws, rules, or regulations, or
any applicable discharge permits or other permit or permitting
requirements.
(8) Materials which contain or cause:
(a) Unusual concentrations of inert Suspended Solids, such as,
but not limited to, Fuller's earth, lime slurries and lime residues, or
dissolved solids, such as, but not limited to, sodium chloride and
sodium sulfate.
' (b) Excessive discoloration at the treatment plant or in the
Receiving Waters, such as, but not limited to, dye wastes and
vegetable tanning solutions.
(c) Unusual BOD, COD, or chlorine or chlorination
requirements in such quantities as to constitute a significant
additional load on the Sewage Treatment Plant, except as provided
for elsewhere in this Local Law, including by a properly issued
Permit with compliance with any Permit conditions.
(d) Unusual volume of flow or concentration of wastes
constituting Slugs.
(9) Waters or wastes containing substances which are not amenable to
treatment or reduction in concentration by the Sewage Treatment Plant
processes employed, or are amenable to treatment only to such a degree
that the Sewage Treatment Plant effluent cannot meet the requirements of
regulatory agencies having jurisdiction over discharge to the Receiving
Waters.
D. Action by the Town of Lansing - The Town of Lansing, after a hearing,
shall either prevent the discharge of unacceptable water and wastes or issue a
Permit which is properly conditioned upon findings and the standards of safety
prescribed by this Local Law or any rules or regulations promulgated by the
Town Board or the Code Enforcement Officer as herein authorized. Such Rules
and regulations shall include surcharges, pretreatment requirements,
implementing controls over quantities or rates of discharge, the times of
discharge, and holding facilities, together with any measure or combination of
measures which are or may be deemed necessary to preserve and protect the
Sewer System, its structures and equipment, Public Sewers, the Sewage
Treatment Plant(s), and the health, safety and well being of the Persons and the
biota of the Receiving Waters.
E. Emergency action by the Town Code Enforcement Officer - In the event of
any discharge which, in the belief of the Town Code Enforcement Officer, will
cause any risk of serious or imminent harm, injury, or adverse effect on the
Sewer System structures or equipment, or to any Persons or to the biota of the
Receiving Waters, the Town Code Enforcement Officer shall take any temporary
action necessary to protect public health, safety, or welfare without a prior
hearing. Review of any emergency action by a hearing will be accomplished
without delay to determine what, if any, permanent restriction is necessary. The
Town Code Enforcement Officer, acting upon a reasonable basis to believe that
an emergency exists, shall be indemnified against any personal liability that may
arise in the performance of his or her duties to protect public health, safety or
welfare.
F. The definition, substances, compounds, and other defined limits of
Normal Sewage may by periodically changed, updated, revised, and/or
amended by the Town of Lansing. The Town of Lansing may also add values for
other characteristics and compounds if such action becomes desirable or
appropriate in relation to the treatment, transportation, or discharge of Sewage.
SECTION 7: TOXIC SUBSTANCES PROHIBITED OR CONDITIONALLY
ACCEPTED —
A. Toxic Substances and pathogenic bacteria - Waters bearing Toxic
Substances above the standard set for Normal Sewage or containing any
pathogenic bacteria shall not be discharged into the Town Sewer System, or
Public Sewers tributary thereto, and their discharge is prohibited unless the
Rules of the Town of Lansing determine that such concentration will not
adversely affect any of the biochemical, chemical, or other sewage treatment
processes or the Sewage treatment Plant. The following is a partial list of Toxic
Substances and pathogenic bacteria:
(1) Antibiotics.
(2) Elemental bromine, iodine, chlorine, and fluorine.
(3) Creosols or creosotes.
(4) Phenol and phenolic compounds that convert to phenol in the
Sewage system.
(5) Sulfonamides and toxic dyes, whether organic or mineral.
(6) Beryllium and beryllium compounds.
(7) All strong oxidizing agents such as chromates, dichromates,
permanganates, peroxides, etc.
(8) Any strong reducing agents causing hazardous conditions in the
Sewerage System.
(9) Chemical compounds producing toxic, flammable or explosive
gases, either upon acidification, alkalinization, oxidation, or reduction.
CJ (10) Wastes from industrial processes or hospital procedures containing
viable pathogenic organisms.
B. Permissible Concentrations of Toxic Substances - The concentration in
Sewage of any of the following Toxic Substances shall not exceed the
concentration limits specified below when discharged into the Sewer. The Town
of Lansing may periodically change, update, revise, and/or amend this list and
listed values if such action becomes desirable or appropriate in relation to the
treatment, transportation, or discharge of Sewage. The following list establishes
limits for various Toxic Substances to regulate industrial discharges at the point
of entry into the Sewerage System:
Parameter Effluent Concentration Limits:
Compound/Substance 30 -Day Average 24 -Hour Average
(mg/1) (mg/1)
Cadmium
0.2
0.4
Hex Chromium
0.1
0.2
Total Chromium
2.0
4.0
Copper
0.4
0.8
Lead
0.1
0.2
Mercury
0.1
0.2
Nickel
1.6
3.2
Zinc
0.6
1.2
Arsenic
0.1
0.2
Available chlorine
50.0
50.0
Cyanide -free
0.2
0.4
Cyanide -complex
0.8
1.6
Selenium
0.1
0.2
Sulfide
3.0
6.0
Barium
2.0
4.0
Manganese
2.0
4.0
Gold
0.1
0.2
Silver
0.1
0.2
Fluorides -fresh water
2.0
4.0
Fluorides -saline water
18.0
36.0
Phenol
.002
.002
Aluminum
0.5
0.5
Iron
0.1
0.1
C. Special concentration limits - When the findings of the Town of Lansing
show that the volume of a single Industrial Waste discharge or any combined
Industrial Waste discharges 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 Town of Lansing may determine
(but is not required to so determine) that separate or special concentration limits
shall be used by the contributors in that area, or that other pre-treatment
requirements or Sewerage Surcharges shall be imposed.
D. Emergency action by the Town Code Enforcement Officer - In the event of
any discharge which, in the belief of the Town Code Enforcement Officer, will
cause any risk of serious or imminent harm, injury, or adverse effect on the
Sewer System structures or equipment, or to any Persons or to the biota of the
Receiving Waters, the Town Code Enforcement Officer shall take any temporary
action necessary to protect public health, safety, or welfare without a prior
hearing. Review of any emergency action by a hearing will be accomplished
without delay to determine what, if any, permanent restriction is necessary. The
Town Code Enforcement Officer, acting upon a reasonable basis to believe that
an emergency exists, shall be indemnified against any personal liability that may
arise in the performance of his or her duties to protect public health, safety or
welfare.
SECTION 8: DISPOSITION OF INDUSTRIAL WASTES -
A. Industrial Wastes requiring a Permit - The following are industries whose
wastes shall require pretreatment and/or approval before discharge into any
Public Sewer: bleaching and dyeing, bottling, brewing, cotton textile
manufacturing or processing, dairies, dairy products, distilling, fat rendering,
film processing, food processing, galvanizing, glue manufacturing, laundromats,
lens grinding operations, the manufacture of syrups, jams or jellies, meat
packing, metal pickling or plating, munitions manufacturing, oil refining, optical
goods manufacturing, photographic processing, public laundering, pulp and
papermaking, rubber productions, salt works, slaughterhouses, soap making,
sugar refining, tanning, wool scouring or washing, and/or any other business or
industry producing wastes with strong acidic or alkaline reactions, or which will
form deposits in or cause damage to the Sewers or to appurtenances of Sewage
Treatment Plant. The process or processes employed in the pretreatment of such
wastes shall, in each case, conform to the Rules and directives of the Town of
Lansing and the Federal Water Pollution Control Act, as amended, and each and
all of its implementing regulations.
B. Radioactive wastes - Any institution or industry discharging radioactive
materials (including fission or fissionable products and byproducts) must be
registered with the Town of Lansing as well as with other regulatory agencies as
the law requires. The registration shall include all copies of State and federal
permits governing waste discharge. The active elements and the local
concentrations permitted to be discharged into any Public Sewers shall be in
conformance with the State Sanitary Code, Chapter I, Part 16, Sections 16.7 and
16.8, as promulgated under the Public Health Law, and be at all times within the
limits set by this and other County, State or federal agencies.
C. When Permit shall be required - Whenever any Industrial Waste is
produced in such quantities as will, in the opinion of the Town of Lansing,
injure the Public Sewers into which they may be discharged, or adversely affect
the treatment of Sewage, or whenever any Industrial Waste does not yield
readily to treatment by processes employed by any Sewage Treatment Plant,
such discharge will not be permitted into any Public Sewers without a Permit.
SECTION 9: TERMS AND CONDITIONS FOR THE ISSUANCE OF PERMITS
OR LICENSES -
A. Power to inspect - All Persons using the Town of Lansing Sewer System,
or any tributary or connected Public Sewer, are and shall be deemed to have
consented to such inspections as are or may be necessary for the orderly
administration of this Local Law and the proper and efficient provision of sewer
services. Inspections will be scheduled, with or without notice, so as to
accomplish examinations of the Public Sewers, Sewers, Sewerage System, the
Town Sewers, and discharges into any of the same, during the hours of use or
operation by any Person, or at periods of time or use where the characteristics of
the discharge waters and wastes discharged into the Sewer System can be
properly or effectively measured. The power to inspect will be exercised in
accordance with this Local Law.
B. Permits when required - It shall be unlawful for any Person to discharge
directly or indirectly into Public Sewers, or into any private sewer: (i) Sewage
combined with Industrial Wastes, or Industrial Wastes, or Other Wastes, the
characteristics of which, alone or in combination with each other, do not conform
to the concentration limits prescribed for Normal Sewage under this Local Law;
or (ii) any Toxic Substances or any other objectionable material or substances as
specified herein; except upon such terms and conditions as set forth in any
Permit issued under this Local Law, or any Rules established hereunder, where
such Person permitted to so discharge complies with any stated permit
conditions.
C. Applications for Permits - All applicants for a Permit to discharge Sewage,
whether or not combined with Industrial Wastes or Other Wastes, into Public
Sewers shall fill out and file with the Town Code Enforcement Officer a Permit
application. The Code Enforcement Officer, or any other official or Person so
charged under the Rules, shall review the application for accuracy and
completeness, and, in consultation with the Town Engineer or the Director of
Engineering and Planning, either issue a Permit, deny such Permit application,
or issue a Permit with conditions. All information required by the Town of
Lansing shall be furnished by the applicant. The following is a partial list of
information to be furnished by the applicant:
(1) A plot of the property showing accurately all Sewers, drains and
house connections.
(2) Plans and specifications covering any proposed changes to be
performed under the Permit.
(3) A complete schedule of all process waters and Industrial Wastes
produced or expected to be produced at said property or premises,
including a description of the character of each waste, the daily volume
*� and maximum rates of discharge and representative analyses.
(4) The name and address of the Person who will be responsible for the
performance of the work to be covered by the Permit.
(5) Such other information as reasonably required by the Town of
Lansing.
D. Terms and conditions -
(1) The Town of Lansing may require the following terms and
conditions as follows to be imposed in respect of the issuance of any
Permit:
(a) A limitation upon the volume of Sewage, Industrial Wastes
or Other Wastes, the rate of flow permitted, and/or the times of
discharge from the premises.
(b) The installation and maintenance by the permittee, at his
own expense, of facilities or equipment for intermittent or
continuous flow, and/or for quality measurements of Sewage,
Industrial Wastes, or Other Wastes discharged from the premises
into a Public Sewer.
(c) The installation and maintenance by the Permittee, at his
own expense, of detention tanks or other facilities or equipment for
reducing the maximum rates of discharge of Sewage to such a
percentage of the twenty -four-hour rate as shall be required.
(d) The installation and maintenance by the Permittee, at his
own expense, of such preliminary treatment facilities as shall be
required.
(e) The installation and maintenance by the Permittee, at his
own expense, of a suitable control sampling manhole(s) in any
Sewer discharging to a Public Sewer and carrying such Sewage.
(f) The installation and maintenance by the Permittee, at his
own expense, of Grease, Fat, oil, and sand interceptors, separators,
or traps that are necessary for the proper handling of liquid wastes
containing such substances in excessive quantities; and the
installation and maintenance by the Permittee, at his own expense,
of any devices or filters necessary to separate, trap, or process any
flammable waste, Toxic Substances, or other harmful ingredients.
(g) The submission to, and approval by, the Town Code
Enforcement Officer of the plans for any of the facilities or
equipment required to be installed and maintained by the
Permittee, together with such other Permit terms and conditions as
may be necessary to protect the Sewerage System and Water
Pollution Control Plant, and to otherwise carry out the intent and
provisions of this Local Law and any Rules promulgated
hereunder.
(h) Such terms and conditions (as referenced in Subsection (g),
above) may also provide that, subsequent to the commencement of
operation of any preliminary treatment facilities, periodic reports
shall be made by the Permittee to the Town Code Enforcement
Officer setting forth adequate data upon which the acceptability of
the Sewage, Industrial Wastes, or Other Wastes may be
determined. The periodic frequency of these reports shall be
determined by the Town Code Enforcement Officer.
(i) Where preliminary or flow -equalizing facilities are provided
for any water or wastes, they shall be maintained continuously in
�r satisfactory condition and in good and effective working order and
operation by the permittee (or owner) at his expense.
(2) A violation of the Permit, or any conditions stated therein, shall be
cause for revocation or suspension of such Permit. Unless the violation is
found to constitute an emergency, no Permit shall be revoked or
suspended prior to a hearing and determination thereupon by the Lansing
Town Board. If revoked or suspended due to an emergency, such hearing
and determination shall be held as soon thereafter as is reasonably
possible.
E. Sampling and testing wastes - Whenever Sewage, Industrial Wastes, or
Other Wastes are believed to have characteristics other than prescribed for
Sanitary Sewage as defined in this Local Law, or are believed to contain Toxic
Substances or other materials or substances excluded from Public Sewers
pursuant to this Local Law, and the same are discharged into Public Sewers from
any premises, the Town Code Enforcement Officer shall have the power to take
samples and make tests necessary to determine the nature and concentration of
such wastes; he shall have the further power and right to reassess his
determinations or Permit decisions by taking samples and tests at any time, or by
periodic rechecks, without notice to the Person discharging such wastes:
(1) Samples shall be taken and flow measurements made at any
applicable Control Manhole(s), or upon at least a 24-hour notice to any
Persons, within the any buildings, structures, or facilities served by the
Sewerage System.
(2) In the event that any Control Manhole has not been required, the
samples shall be taken at a suitable and accessible point or points to be
selected by the Town Code Enforcement Officer with the user's unit.
(3) An aliquot portion of the sample(s) taken will be made available to
the Person whose premises are being tested if he so requests.
F. Control Manholes - When required by Rules of the Town of Lansing, the
owner of any property serviced by a building or private sewer carrying
Industrial Wastes shall install a suitable Control Manhole together with such
necessary meters and other appurtenances as to facilitate observation, sampling,
and measurement of the wastes. Such Control Manhole shall be accessibly and
safely located, and shall be constructed in accordance with plans approved by
the Code Enforcement Officer, at the owner's expense. All Control Manholes
shall be maintained by such owner or permittee as to allow safe and access and
use at all times.
G. Measurement and analyses of wastes - All measurements, tests and
analyses of the characteristics of waters and wastes to which reference is made in
this Local Law shall be determined in accordance with latest edition of Standard
Methods for the Examination of Water and Waste Water published by the
American Public Health Association, or pursuant to any other method certified
as accurate by the Town Code Enforcement Officer. Samples shall, when
practical, be taken from Control Manholes or other approved access points.
Sampling shall be carried out by customarily accepted methods to reflect the
effect of constituents upon the Sewerage System and Water Pollution Control
Plant, as well as to determine the existence of hazards to life, limb and property.
If a Permit is to be issued, sampling should be performed in such a manner that
the portion of the flow obtained is typical and representative of the waste
discharge.
H. Determination of pollutant concentration -
(1) The pollutant concentration of any Sewage, Industrial Waste, or
Other Wastes shall be determined from representative samples of the
effluent discharged to Public Sewers, taken by the Town of Lansing at
sampling stations as described under Subsection D or E of this Section, at
any period or time and of such duration and in such manner as the Town
14W Code Enforcement Officer may elect, or at any place or manner mutually
agreed upon between the Person (usually the owner, applicant, or Permit
holder/permittee) and the Town Code Enforcement Officer. The intent of
any sampling procedure is to establish the pollutant concentration in the
Sewage discharged during an average or typical working day. This
concentration may be derived according to the best judgment of the Town
Engineer by combination of repeated sub -samplings during any one day,
by combination of a series of such days, or by combination of a number of
multiple samples. The analysis of samples taken shall be performed in a
laboratory designated by the Town of Lansing, and the amount of any
Sewerage Surcharge and/or the acceptability of the wastes shall be
determined from said analysis.
(2) All charges shall be based on the analysis of the wastes from any
plant or premises related to total volume of wastes as determined under
Subsection H(1) of this section. The concentration of pollutants in Sewage,
Industrial Waste, or Other Waste, once determined as prescribed under
Subsection G of this section, shall be used in calculating the Sewer
Surcharge in accordance with the billing procedure of the Town of
Lansing for the collection of charges, and shall remain in effect until the
Person shall prove or the Town shall determine that a change in the
manufacturing process, production methods, or waste treatment or pre -
0 treatment processes of said Person warrants a re -analysis of the waste
pollutant concentrations of such Person's discharges from such premises
into the Public Sewer System. The new pollutant concentration analysis
shall then be used in calculating any charges, Sewerage Surcharges, or
other operating, use, or Permit conditions, and shall become effective as of
the date of the next subsequent billing period after such re -analysis
determination is made and completed by the Town of Lansing.
(3) Anything to the contrary notwithstanding, the provisions and
procedures as outlined in this Subsection H shall be used for user charge
calculations and shall not be used for the determination of pollutant
concentrations for Permit compliance.
I. Volume determination - The Town Code Enforcement Officer may use, as
the figure representing the number of cubic feet and/or gallons of Sewage
discharged into the Sewer System:
(1) The amount of water supplied to the premises as shown upon the
water meter if the premises are metered;
(2) If the premises are supplied wholly or in part with other sources,
including but not limited to wells, rivers, or lake waters, metering devices
shall be installed, at the owner's expense, for measuring the volume of
water used for the purpose of computing waste discharges from these
sources and for billing purposes;
(3) If such premises are used for an industrial or commercial purpose
of such nature that the water supplied to the premises cannot be entirely
discharged into the Sewer System, the estimate of the amount of Sewage
discharged into the Sewer System shall be made by the Town Code
Enforcement Officer;
(4) The number of cubic feet of Sewage discharged into the Sewer
System as determined by measurements and samples taken at a Control
Manhole installed by the owner of the property served by the Public
Sewer System, at his own expense, in accordance with the terms and
conditions of the Permit issued pursuant to this Local Law; or
(5) A figure determined by the Town Code Enforcement Officer by any
combination of the foregoing or by any other equitable method.
J. Pollutant concentrations disputed by a Person - In the event that the
pollutant concentration of the waste discharged from a premise to a Public Sewer
-% as determined under Subsection H of this section is disputed by a Person, a
program of re -sampling and gauging with subsequent chemical determination
may be instituted as follows:
(1) The Person must submit a request for re -sampling and gauging of
the wastes to the Town Code Enforcement Officer, and bind himself to
bear all of the expenses incurred by the Town in the re -sampling and
gauging and subsequent analysis of the wastes.
(2) A consultant or agency of recognized professional standing in the
employment of the Person must confer with representatives of the Town
Code Enforcement Officer in order that an agreement may be reached as
to the various factors which must be considered in a new sampling
program.
(3) The consultant or agency of recognized professional standing
employed by the Person must be present or represented during the re-
sampling operation.
(4) Re -sampling must be performed when all waste producing
r) processes are contributing wastes of normal concentrations at their normal
rate.
(5) The results of the re -sampling and the reanalysis in a laboratory
designated by the Town of Lansing shall be considered to be the current
analysis of the wastes discharged to the Public Sewer System, and shall be
used for determining the Sewerage Surcharge and/or acceptability of the
wastes.
SECTION 10: POWERS AND AUTHORITY OF INSPECTORS -
A. The Town Code Enforcement Officer (and his duly designated
representatives, together with duly authorized and identified employees of the
USEPA and NYSDEC, each and all of which, for purposes of this Section shall be
deemed the "Code Enforcement Officer"), may enter upon private lands for the
purpose of inspection, observation, measurement, sampling, and testing in
accordance with the provisions of this Local Law. The Town Code Enforcement
Officer shall have no authority to inquire into any processes used in any
industrial operation unless such inquiry has direct bearing on the kind and
source of discharge to the Sewers, or the on-site facilities for waste treatment.
B. While performing the necessary work on private lands referred to in this
section above, the Town Code Enforcement Officer shall observe all safety rules
applicable to the premises as established by the owner and/or occupant of the
premises, and the owner and/or occupant shall be held harmless for injury or
death to Town employees and agents. The Town of Lansing shall indemnify the
owner and/or occupant against loss or damage to their property by Town
employees and agents, and from and against liability claims and demands for
personal injuries or property damages asserted against the owner and/or
occupant and growing out of the gauging and sampling operations, except as
such may be caused by the negligence or failure of the owner and/or the
occupant to maintain safe working conditions, including those requirements
contained in this Local Law, any Rules promulgated hereunder, and any Permit
conditions.
C. Any refusal to permit the entry upon private land as required to perform
the necessary work referred to in this section shall be punishable by such
penalties as may be prescribed in this Local Law.
SECTION 11: MALICIOUS DAMAGE - Any Persons who maliciously, willfully
or recklessly break, damage, destroy, uncover, deface, or tamper with any structure,
appurtenance, or equipment which is a part of the Town Sewer System shall be in
violation of this Local Law and Article 145 of the Penal Law.
t
SECTION 12: USE OF PUBLIC SEWER REQUIRED -
A. Except as otherwise provided in this Local Law, the owner of any house,
building, or property used for human occupancy, employment, recreation,
commerce, manufacturing, or other purposes situate within the Town of Lansing
located within any sewer district or extension shall be and hereby is hereby
required, at his expense, to connect with such Public Sewer and, also, at his
expense, to install suitable plumbing and facilities so as to connect such facilities
directly with the Public Sewer in accordance with the provisions of this Local
Law.
B. Except as otherwise provided herein, such connection must be made
within 90 days after being so notified in writing by the Town of Lansing to so
connect. Any new building or construction completed after the date on which
such Public Sewer becomes available for connection shall be connected to such
Public Sewer prior to any occupancy or use of such building.
C. Connection prior to expiration of three (3) years:
(1) Notwithstanding the foregoing provisions of this section, no house
or building which is connected to a private sewage disposal system when
the Public Sewer becomes available in or through any Sewer district
heretofore or hereafter established shall be required to connect with any
such .Public Sewer until the expiration of 3 years after such Public Sewer
becomes available for connection, unless:
(a) Such connection is required prior thereto by the Tompkins
County Health Department, or by another public body or agency
having similar jurisdiction; or
(b) Such private sewage disposal facilities, in the reasonable
opinion of the Code Enforcement Officer, are not functioning
satisfactorily or require substantial maintenance, repair, upgrades,
alterations, or additions.
(2) In either of the foregoing cases, a written notice shall be served
upon the owner or occupant of any such building by the Tompkins
County Health Department or the Town of Lansing, or its duly authorized
agent, which shall set forth the reasons requiring connection to the Public
Sewer, and such connection must be made by any such owner or occupant
within 90 days after the date of any such notice.
D. No new house or building shall be connected to the Public Sewer unless a
valid building permit has been issued for the construction of said house or
building.
E. Variance or modification of requirements - Where there are unnecessary
hardships in meeting the time requirements set forth in this Section, the Town
Board of the Town of Lansing has the power to vary or modify the application of
any of such time requirements so that the intent of this Local Law is observed,
the public health, safety and welfare secured, and substantial justice done. Any
Person seeking such a variance or modification of the time requirements set forth
herein may make application to the Town Board for a variance or modification of
such requirement as follows:
(a) Such application shall be made in writing and directed to Code
Enforcement Officer, who shall promptly transmit the same to the Town
Board, together with his or her recommendations upon such application.
(b) Such application shall be accompanied by a certification in writing
submitted by the Tompkins County Health Department or a qualified
septic contractor that the existing private sewage system serving the
premises for which the application is being made is operating properly
and is not creating, causing, contributing to, or resulting in a health
hazard of any kind.
(c) Such application shall set forth the specific hardships forming the
basis for the request, including any economic hardships claimed by the
applicant resulting from the imposition of the time requirements set forth
in this Section.
(d) Such application shall be accompanied by a nonrefundable fee in
the sum of $50.00, or such future amount as set by resolution of the Town
Board.
Upon receipt of such application, the Town Board of shall notify the applicant of
the date, time and place of the Town Board meeting at which such application
shall be heard. The applicant shall be entitled to appear at such date, time and
place for the purposes of speaking to the Town Board in support of the
application. At least 10 days before the meeting at which any such application
shall be heard, the Town Board shall mail a notice thereof to the Tompkins
County Health Department advising such Tompkins County Health Department
of the application so made and the date, time and place at which it will be heard.
The Town Board may consider any written or oral evidence submitted with
respect to such application by the Tompkins County Health Department. The
j Town Board must decide on such application within 60 days after receipt by the
Town of such application and all required accompanying documents and fees.
Any extension granted by the Town Board upon such application shall be for a
period not exceeding 6 months. In the event that the applicant desires any
further variance or modification upon the expiration of any previous variance or
modification granted hereunder, such applicant shall make renewed application
therefor in accordance with all of the terms, provisions and requirements set
forth in this Section, including the required certification and fee.
SECTION 13: SINGLE-FAMILY OR TWO-FAMILY RESIDENCE PERMITS -
A. Single- or two-family residence, Permit not available - Notwithstanding
the foregoing provisions of this Local Law, and subject to the provisions
hereinafter set forth, the connection of improvements consisting of a single-
family residence or two-family residence to a private sewage disposal system
shall be allowed where the property is in a sewer district or extension when
connection of such improvements to such Public Sewer is not possible because a
Sewer Permit cannot be obtained due to the unavailability of Sewerage treatment
capacity to the Town of Lansing. Such connection to a private sewage disposal
system shall be allowed only upon the following terms and conditions:
(1) Any and all governmental approvals and Permits required for the
installation of such private sewage disposal system, including, but not
limited to, the approval of the Tompkins County Health Department, shall
have been obtained.
(2) The parcel upon which such private sewage disposal system is to
be installed shall meet the minimum lot size requirements under
applicable zoning laws or ordinances, or, if it does not meet such
minimum lot size requirements:
(a) Such lot shall have been approved by the Town Planning
Board for a private sewage disposal system as a subdivided lot and
as part of an approved subdivision plat pursuant to the Subdivision
Local Law of the Town of Lansing (and subject to all conditions
attached to such Planning Board approval) and such subdivision
plat is a sealed final plat; or
(b) The owner of such lot shall have received a duly issued
variance from the Town of Lansing Zoning Board of Appeals
approving such lot for a private sewage disposal system
notwithstanding its deficient lot size.
(3) The owner of such improvements shall file with the Town of
Lansing a copy of the private sewage disposal system permit issued for
such improvements by the Tompkins County Health Department.
(4) Connection of improvements -
(a) The improvements connected to such private sewage
disposal system shall be connected to any available Public Sewer
upon the occurrence of any of the following events:
(1) Such connection is required by the Tompkins County
Health Department or other public body or agency having
proper jurisdiction.
(2) Such private sewage disposal system is not
functioning satisfactorily or requires substantial
maintenance, repair, upgrades, alterations, or additions.
(3) The expiration of 5 years from the date the permit is
issued for such private sewage disposal system by the
Tompkins County Health Department.
(b) Upon the earliest occurrence of any of the foregoing events,
a written notice shall be served upon the owner or occupant of any
such improvements by the Tompkins County Health Department
or the Town of Lansing, or its duly authorized agent, which notice
shall set forth the reasons requiring connection to the Public Sewer,
whereupon such connection to the Public Sewer shall be completed
by such owner or occupant within 90 days after the date of any
such notice.
(c) If, upon the occurrence of the earlier of the foregoing events,
connection of such improvements to a Public Sewer main is not yet
Possible because a Permit cannot be obtained due to the continuing
unavailability of sewer treatment capacity to the Town of Lansing,
the improvements connected to such private sewage disposal
system shall be thereafter connected to a Public Sewer main no later
than 90 days after the owner or occupant of such improvements is
advised in writing by the Town of Lansing that a Permit for
connection to a Public Sewer is available.
(5) Connection of such improvements to a Public Sewer shall be
completed in accordance with all other applicable provisions of this Local
Law, any Rules promulgated hereunder, and in accord with the
requirements of all other applicable governmental regulations,
requirements and restrictions then governing, including, without
limitation, all approval and Permit requirements of the Town of Lansing.
SECTION 14: BUSINESS, COMMERCIAL AND INDUSTRIAL PERMITS -
A. Notwithstanding the foregoing provisions of this Local Law, and subject
to the provisions hereinafter set forth, the connection of improvements to any
business, commercial, or industrial user shall be allowed whenever such
property is located within a sewer district or extension, unless connection of such
improvements to such Public Sewer is not possible because a Permit cannot be
obtained due to the unavailability of Sewer treatment capacity to the Town of
Lansing. In such case, a private sewage disposal system shall be allowed only
upon the following terms and conditions:
(1) Any and all governmental approvals and Permits required for the
installation of such private sewage disposal system, including, but not
limited to, the approval of the Tompkins County Health Department, shall
have been obtained.
(2) The parcel upon which such private sewage disposal system is to
be installed shall meet the minimum lot size requirements under
applicable zoning laws or ordinances, or, if it does not meet such
minimum lot size requirements:
(a) Such lot shall have been approved by the Town Planning
Board for a private sewage disposal system as a subdivided lot and
as part of an approved subdivision plat pursuant to the Subdivision
Local Law of the Town of Lansing (and subject to all conditions
attached to such Planning Board approval) and such subdivision
plat is a sealed final plat; or
(b) Such land was approved for such use by the Planning Board
or the Town Board pursuant to a completed site plan review, an
issued special use permit, or an approved planned development
area, each and all as defined in the Town of Lansing Land Use
Ordinance, as now exists or as hereafter amended or re -codified.
r (c) The owner of such lot shall have received a duly issued
14W variance from the Town of Lansing Zoning Board of Appeals
approving such lot for a private sewage disposal system
notwithstanding its deficient lot size.
(3) The owner of such improvements shall file with the Town of
Lansing a copy of the private sewage disposal system permit issued for
such improvements by the Tompkins County Health Department.
(4) Connection of improvements -
(a) The improvements connected to such private Sewage disposal
system shall be connected to any available Public Sewer main upon
the earlier of the following events to occur:
(1) Such connection is required by the Tompkins County
Health Department or other public body or agency having
proper jurisdiction.
(2) Such private sewage disposal system is not
functioning satisfactorily or requires substantial.
maintenance, repair, upgrades, alterations, or additions.
(3) The expiration of 1 year from the date the permit is
issued for such private sewage disposal system by the
Tompkins County Health Department.
(b) Upon the occurrence of any of the foregoing events, a
written notice shall be served upon the owner or occupant of any
such improvements by the Tompkins County Health Department
or the Town of Lansing, or its duly authorized agent, which notice
shall set forth the reasons requiring connection to the Public Sewer,
whereupon such connection to the Public Sewer shall be completed
by such owner or occupant within 90 days after the date of any
such notice.
(c) If upon the occurrence of the earlier of the foregoing events,
connection of such improvements to a Public Sewer is not yet
possible because a Permit cannot be obtained due to the continuing
unavailability of sewer treatment capacity to the Town of Lansing,
the improvements connected to such private sewage disposal
system shall be thereafter connected to a Public Sewer main no later
than 90 days after the owner or occupant of such improvements is
advised in writing by the Town of Lansing that a Permit for
connection to a Public Sewer main is available.
(5) Connection of such improvements to a Public Sewer shall be
completed in accordance with all other applicable provisions of this Local
Law, any Rules promulgated hereunder, and in accord with the
requirements of all other applicable governmental regulations,
requirements and restrictions then governing, including, without
limitation, all approval and Permit requirements of the Town of Lansing.
(6) In addition to the foregoing, and concurrently with the installation
of a private sewage disposal system as herein authorized, the Person
responsible therefor shall also install any and all laterals, sewer lines,
Control Manholes or other manholes, and/or any other facilities or
equipment which may be required now or in the future for properly
transporting Sewage from the building(s) and improvements on the
property to the Public Sewer. Such laterals, lines, manholes and/or any
other facilities or equipment shall be installed in such fashion as to be
temporarily unusable and shall remain unused until such time as
connection to the Public Sewer required hereunder and a Permit is so
issued. Such laterals, lines, manholes and/or any other facilities or
equipment shall be installed as to meet the then applicable Permit
requirements, as well as the requirements of any rules promulgated
hereunder, and the requirements of any other applicable laws, ordinances,
rules, regulations or governing provisions of any authority having
jurisdiction (such as the NYSDEC or USEPA), and such installation shall
be completed in accordance with any and all of the terms and provisions
of this Local Law. The future connection, when allowed, may, per any
then applicable Permit requirements, mandate that the owner or applicant
make such improvements as are then so required before any effluent or
other substances are discharged into the Public Sewer. Any and all
required inspections by any and all governing authorities shall be made
prior to, during, and following completion of the installation of such
laterals, lines, manholes, and/or any other facilities or equipment, and
again at such time as any effluent or other substance is to be discharged
into the Public Sewer or any Permit for use of the Town Sewer System is
issued.
(7) Under no circumstances shall installation of a private sewage
disposal system be commenced as authorized and provided hereunder
until such time as any and all required permits have been obtained for
installation of the laterals, lines, manholes and/or any other facilities or
equipment which may be required in the future for properly transporting
Sewage from the building(s) and improvements on the property to the
Public Sewer.
(8) No Person shall discharge or cause to be discharged or allow to
run, leak, or escape into any private sewage disposal system any
materials, substances, or wastes which may not otherwise be discharged
into the Town Sewer System under this Local Law and/or any other
applicable laws, ordinances, rules, regulations or governing provisions of
any authority having jurisdiction.
SECTION 15: ISSUANCE AND USE OF SEWER PERMITS —
A. Permit expiration - Notwithstanding any term or provision of this Local
Law to the contrary, the following terms and provisions of this Section shall
apply to and govern the issuance and use of all Sewer Permits issued by the
Town of Lansing, including but not limited to all Sewer Permits issued prior to
the date of
enactment of these provisions.
(1) In the case of any Sewer Permit issued by the Town of Lansing for
the connection of a single- or two family residence to the Town Sewer
System, the Person to whom such Permit has been issued, or such Person's
dj designee, is thereby required to connect such improvements to the Town
of Lansing Sewer System within 1 year following the date of such Sewer
Permit. In the event that such connection has not been completed within 1
year following the date of such Permit, then such Permit and any and all
rights and authority granted therein, upon the date one 1 year from the
date of such Permit, shall automatically expire, terminate and thereupon
become null and void.
(2) In the case of any Sewer Permit issued by the Town of Lansing for
the connection of any structure other than a single- or two-family
residence to the Town Sewer System, the Person to whom such Permit has
been issued, or such Person's designee, is hereby required to connect such
improvements to the Town of Lansing Sewer System within 18 months
following the date of such Sewer Permit. In the event that such connection
has not been completed within 18 months following the date of such
Permit, then such Permit and any and all rights and authority granted
therein, upon the date18 months from the date of such Permit, shall
automatically expire, terminate and thereupon become null and void.
(3) In the event that a Sewer Permit issued by the Town of Lansing is
automatically terminated due to the Permit holder's failure to complete
connection to the Town of Lansing Sewer System within the required
period set forth in either Subsection A(1) or A(2) above, any subsequent
discharge of Sewage, Industrial Waste or other waste from the property
that is the subject of such Sewer Permit, directly or indirectly into the
Town of Lansing Public Sewer System or into any private Sewer, shall
constitute a violation of this Local Law
(4) As used in this Section, connection to the Town of Lansing Sewer
System constitutes completion of a sewer pipe through a wall of a
foundation that has been completed in accordance with a building permit
validly issued by the Town, which sewer pipe is physically connected to
the Town Sewer System.
SECTION 16: ADMINISTRATIVE PROCEDURES -
A. Public information - The Town of Lansing shall:
(1) Adopt within the Rules a description of its organization, stating the
general course and method or operation and designate where
applications, requests, and submissions shall be made.
(2) Adopt Rules stating the nature and requirements of all formal and
informal procedures in applying for a Permit, in requesting a hearing, and
how to support or oppose the adoption of any Rule.
(3) Make all Rules, orders, statements of policy, or interpretations used
by the Town in the discharge of its functions available for public
inspection.
B. Procedure for adoption of Rules - The Lansing Town Board, prior to the
adoption, amendment, or repeal of any Rule shall:
(1) Publish notice at least 10 days prior to the intended action. Notice
shall include a statement of the terms or substance of the intended action,
a description of subjects and issues involved, the time and place of the
meeting or hearing whereat the same will be discussed or considered, and
the manner in which interested Persons may present their views.
(2) Afford all interested Persons a reasonable opportunity to submit
data, views, or arguments, orally or in writing. Reasons for adoption and
refusal of proposed Rules, as well as the decision of the Town Board, shall
be recorded and available for public inspection. If the Town Code
Enforcement Officer believes emergency action is required under this
Local Law, or any Rules or regulations promulgated hereunder, the Town
Board may waive notice and proceed without prior notice or hearing to
adopt an emergency Rule. The emergency Rule shall be effective for a
period of not longer than 120 days, unless and until it is re -adopted
pursuant to the procedures outlined in Subsection B(1) and B(2) of this
Section.
C. Filing and taking effect of Rules -
(1) The Town of Lansing shall file a certified copy of each Rule with
the Town of Lansing Clerk. The Clerk shall keep a permanent file which
may be inspected upon request.
(2) The Rule shall be effective 10 days after the filing, except that if the
Rule has been adopted under the emergency procedure outlined above,
then the Rule is effective upon filing.
D. Publication of Rules - The Town of Lansing shall compile, index and keep
a permanent record of all Rules. This compilation shall be supplemented as often
as necessary.
E. Petition for adoption of Rules - Any interested Person may petition the
Town of Lansing requesting the promulgation, amendment, or repeal of any
Rule. Within 30 days after submission of a petition the Town Board shall either
deny the petition in writing, stating its reasons, or shall initiate Rule-making
proceedings in accordance with Subsection B of this Section.
F. Declaratory or Interpretive Opinions by the Town Code Enforcement
Officer - A formal request of the Town Code Enforcement Officer for a
declaratory opinion shall be acknowledged within 10 days. The Town Code
Enforcement Officer may state his opinion of the petitioner's position and the
policy of his office. The Lansing Town Board shall be informed of all opinions,
and such opinions are not binding on the Town Board, but shall be reviewed,
with notice, upon the written request of any Party or the Town Board. After
review, the Town Board will issue a ruling to be filed with the Town Clerk. Such
ruling shall be made and filed within 30 days of the date of such review.
G. Contested Cases; notice; hearing; records -
(1) In a Contested Case, all parties shall be afforded an opportunity for
hearing after reasonable notice. The hearing shall be conducted by the
Town Board, or a hearing officer appointed by the Town Board.
(2) The notice shall include:
(a) A statement of the time, place, and nature of the hearing.
(b) A statement of the legal authority and jurisdiction under
which the hearing is to be held.
(c) A reference to the particular applicable sections of federal or
New York State laws and regulations, the applicable Sections of
this Local Law, and the particular Rules involved.
(d) A short and plain statement of the matters asserted. If the
agency or other party is unable to state the matters in detail at the
time the notice is served, the initial notice may be limited to a
statement of issues involved. Thereafter, upon a written application
by any party, a more definite and detailed statement shall be
furnished.
(3) Opportunity shall be afforded all parties to respond and present
evidence and argument on all issues involved.
(4) Unless precluded by law, informal dispositions may be made of
any Contested Case by stipulation, settlement, consent, or by default.
(5) The record in a Contested Case shall include:
(a) All petitions, applications, determinations, interpretations,
and all and intermediate rulings, interpretations, or determinations.
(b) All evidence received or considered. If orally submitted, a
summary of such statements or a recorded version thereof shall be
a part of the record.
(c) A statement of matters officially noticed.
(d) Questions and offers of proof, objections, and rulings
thereupon.
(e) Proposed findings and exceptions.
(f) Any decision, opinion or report by the officer presiding at
the hearing.
(g) All memoranda or data submitted in connection with the
consideration of the case. Nothing herein shall preclude the
application of FOIL exemptions and exceptions, and inter -agency
materials and attorney-client privileged matters shall not be a part
of the record unless such inter -agency materials are submitted in
the course of the hearing or unless the attorney-client privilege of
any Person, party, or of the Town is expressly waived on the record
in the course of such hearing.
(6) Oral proceedings, or any part thereof, shall be transcribed upon the
advance written request of any party.
(7) Findings of fact shall be based exclusively on the evidence and the
matters officially noticed.
H. Rules of evidence; official notice - In Contested Cases:
(1) Irrelevant, immaterial or unduly repetitious evidence shall be
excluded. The rules of evidence as applied in non jury civil cases in the
Supreme Courts of this State shall be followed. When necessary to
f ascertain facts not reasonably susceptible of proof under those rules,
evidence not admissible thereunder may be admitted if it is of a type
commonly relied upon by reasonably prudent men in the conduct of their
affairs. The Town of Lansing shall give effect to the rules of privilege
recognized by law. Objections to evidentiary offers may be made and shall
be noted in the record. Subject to these requirements, when a hearing will
be expedited and the interests of the parties will not be substantially
prejudiced thereby, any evidence may be received in written form.
(2) Documentary evidence may be received in the form of copies or
excerpts as long as the copy or excerpt is verified as a true and accurate
copy or excerpt. Upon request, parties shall be given an opportunity to
compare the copy with the original.
(3) A Party may conduct cross-examinations required for a full and fair
disclosure of the facts.
(4) Notice may be taken of judicially cognizable facts. In addition,
notice may be taken of generally recognized technical or scientific facts
within the Town of Lansing's special knowledge. Parties shall be notified
either before or during the hearing, or by reference in preliminary reports
or otherwise, of the material noticed, including any staff memoranda or
data, and they shall be afforded an opportunity to contest the material
noticed.
I. Decisions and orders - A final decision or order shall be made by the
majority of the Town Board, or where a hearing examiner is appointed, by such
examiner. Determinations in a Contested Case shall be in writing or stated upon
the record. A final decision shall include statements as to any findings of fact and
conclusions of law. Parties shall be notified either personally or by mail of any
decision or order.
J. Permits.
(1) When the grant, denial, or renewal of a Permit is required to be
preceded by notice and opportunity for hearing, the provisions of this
Local Law concerning Contested Cases shall apply.
2) When a Permittee has made timely and sufficient application for
the renewal of a Permit with reference to any activity of a continuing
nature, the existing Permit does not expire until the application has been
finally determined. In the event the application is denied, any Permit is
revoked or suspended, or the terms of any new or renewal Permit are
limited or amended, the aggrieved party may seek a review of such
determination, order, or the terms of any Permit pursuant to Article 78 of
the CPLR.
(3) No revocation, suspension, annulment, or withdrawal of any
Permit is lawful unless, prior to the institution of any proceedings, the
Town of Lansing gave notice by mail to the Permittee of facts or conduct
which warrant the intended action, and the Permittee was given an
opportunity to show compliance with all lawful requirements for the
retention of the Permit. If the Town Code Enforcement Officer finds that
public health, safety or welfare imperatively requires emergency action
and incorporates a finding to that effect in any order, summary
suspension of a Permit may be ordered pending proceedings for
revocation or other action. These proceedings shall be promptly instituted
and determined.
K. Review of Contested Cases -
(1) A party who has exhausted all administrative remedies available
within the Town of Lansing and who is aggrieved by a final decision in a
Contested Case is entitled to seek judicial review.
(2) Review of decisions are instituted by filing a petition in the
Supreme Court of the State of New York, in Tompkins County, within 30
days after the final decision of the Lansing Town Board or, if a rehearing
is requested, within 30 days after the decision or order thereupon.
(3) The filing of the petition does not itself stay enforcement of the any
decision or order, though a stay may be granted upon appropriate terms
by the Town of Lansing Town Board or by any reviewing court.
(4) Within 30 days after the service of the petition, or within such
further time as allowed by the Supreme Court, the Town of Lansing shall
transmit to the records of the proceeding or determination then under
review.
SECTION 17: PENALTIES FOR OFFENSES; ENFORCEMENT & REPORTING -
A. Civil Penalties and Enforcement -
(1) A violation of the provisions of this Local Law, or the Rules
promulgated hereunder, shall be subject to a penalty not to exceed $500.00
for each violation determined by the Town Board, unless a stated penalty
--'� is expressly set forth for the matter under review in the Rules. Upon
making any determination as to any penalty, the Town of Lansing shall
provide written notice thereof to any Person adversely affected by the
decision to impose such penalty, and such Person may request a hearing.
Such hearing shall be requested within 15 days of the delivery of such
notice and shall be treated as a Contested Case. If not contested, or if
upheld upon review, the penalty shall become part of the Town charges
and shall be collected as a charge in accordance with the Town Law and
the Real Property Tax Law, as applicable.
(2) The Code Enforcement Officer is authorized to order in writing the
remedying of any condition or activity found to be in violation of this
Local Law or the Rules, and such order shall be referred to as a
"Compliance Order." Such Compliance Order shall: (1) be in writing; (2)
be dated and signed by the Code Enforcement Officer; (3) specify the
condition or activity that violates this Local Law or the Rules; (4) specify
the provision or provisions so violated; (5) specify the period of time
which the Code Enforcement Officer deems to be reasonably necessary for
achieving compliance; (6) direct that compliance be achieved within the
specified period of time; and (7) state that an action or proceeding to
compel compliance may be instituted if compliance is not achieved within
the specified period of time, or that a civil penalty may be so imposed. The
Code Enforcement Officer shall cause the Compliance Order, or a copy
thereof, to be served on the owner of the affected property, the permittee,
any tenant or user of affected property (if known), and any other
responsible Person, personally or by registered mail. The Code
Enforcement Officer shall be permitted, but not required, to cause the
Compliance Order, or a copy thereof, to be served on any builder,
architect, tenant, contractor, subcontractor, construction superintendent,
or their agents, or any other Person taking part or assisting in work being
performed at the affected property personally or by registered mail. Any
failure to serve any interested Person shall not affect the efficacy of the
Compliance Order.
(3) An action or proceeding may be instituted in the name of the Town
in any court of competent jurisdiction, to prevent, restrain, enjoin, correct,
enforce, and/or abate any violation of, or non-conformance with, any
provision or requirement of this Local Law or the Rules, or any violation
of any applicable federal or state law, rule, regulation, permit, or order.
Similarly, any action may be so commenced to declare the rights of the
Town of Lansing, and of any other Persons, relative to any justiciable
controversy. No such action or proceeding shall be commenced without
the appropriate authorization from the Town Board. If equitable relief is
requested in the form of an temporary restraining order, a temporary
injunction, or an injunction, or by any other form of prohibition or similar
relief, the Town of Lansing shall not be required to post any bond or
undertaking as a condition or requirement for or of such relief, and the
Town of Lansing shall not be required to prove or show a lack of an
adequate remedy at law.
B. Criminal Enforcement - The Code Enforcement Officer, and any other
agent so designated by the Lansing Town Board, is authorized to issue
appearance tickets for any violation of this Local Law, or the Rules promulgated
hereunder. Each such violation shall be deemed an unclassified misdemeanor
punishable by a fine not to exceed $1,000.00 per day for each day such violation
exists.
C. No remedy or penalty specified in this Section shall be the exclusive
remedy of the Town of Lansing, and each remedy or penalty specified in this
Section shall be in addition to, and not in substitution for, or in limitation of, the
other remedies or penalties specified in this Local Law or permitted by any
applicable law, rule, order, or regulation. Any remedy or penalty specified in this
Article may be pursued at any time, whether prior to, simultaneously with, or
} after the pursuit of any other remedy or penalty specified in this Section.
D. The Town of Lansing shall report Industrial Waste discharges consistently
failing to achieve County, State or federal pollution standards to appropriate
County, State and federal agencies. The Town Code Enforcement Officer shall
assist appropriate County, State and federal agencies, as necessary, in their
review of, or action upon, any such reports.
SECTION 18: CONSTRUCTION - The term "shall" is mandatory, and the term
"may" is permissive. Any word that is gender -referenced shall be construed to include
all genders and the neuter. Capitalized words shall have the meanings ascribed to them
whenever the meaning or context thereof so admits or requires. Defined words and
phrases that are not capitalized shall be presumed to be capitalized and deemed
defined words and phrases, unless the context thereof admits or requires otherwise.
SECTION 19: PARTIAL INVALIDITY - If any clause, sentence, paragraph,
section, or part of this Local Law (or the Rules) shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect, impair, or
invalidate the remainder here- or thereof, but shall be confined in its operation to the
clause, sentence, paragraph, section, or part thereof, directly involved in the
controversy in which such judgment shall have been rendered.
SECTION 20: LIMITATION OF LIABILITY AND INDEMNITY - The Town of
Lansing, and its officers and agents, shall not be liable or responsible for any injuries to
persons or damages to property due to the Town's actions, or failures to act, under or
pursuant to this Local Law or the Rules, unless it is proven to a reasonable degree of
certainty that such injury or damage was solely caused by a willful or intentional act of the
Town or its officers and agents. This provision shall be construed and applied to the
maximum extent permitted by law, and does not create any theory or claim of liability
where none exists at law or in equity.
SECTION 21: FEES - Any fees referenced in this Local Law may be
implemented and periodically updated by the Town Board by resolution and/or stated
in any Rules. Without limiting the requirements of this Local Law, fee schedules may be
developed for Permit applications, issuance, or renewals, amended Permits,
inspections, reviews and Contested Cases, and other actions of the Code Enforcement
Officer as described in, required by, or contemplated under this Local Law or the Rules.
All such fees shall be reasonably determined in accord with law and periodically
reviewed by the Town Board to assure such reasonableness and legality.
SECTION 22: EFFECTIVE DATE - This Local Law shall take effect immediately
upon filing in the office of the New York State Secretary of State, in accordance with §
:) 27 of the Municipal Home Rule Law. Rules shall become effective upon adoption or as
'� stated within this Local Law.
APPENDIX A
Sewer Rules and Regulations
Pursuant to the Town of Lasing Sewer Local Law, the Town Board of the Town of
Lansing has adopted the following Rules. All definitions in said Local Law shall apply
to these Rules and regulations unless the context thereof requires otherwise:
A. Procedures.
(1) Permits - Instructions and forms for application for Permits shall be
obtained at the Town's Code Enforcement Office.
(2) Application - An application shall be made for each Sewer connection
contributing Sewage to the Sewer System or any public tributary Sewer.
(a) Application for sanitary waste only - If the Sewage contains only
sanitary waste as from a residence, the connection must follow the Rules
for sanitary waste connections.
(b) Application for Industrial Waste - If such Sewage contains
industrial wastes, Scavenger Wastes, or Other Wastes whose pollutant
characteristics are such that the discharge is subject to special controls
under the Sewer Local Law, the connection must follow the Rules for
Industrial Waste connections.
(3) Application fees for Permits - An application fee will accompany an
application for a Permit to be used under the Town of Lansing Sewer Law. The
fee is to defray part of the administrative costs of processing applications,
including, but not limited to, the inspection of the applicant's facilities and waste
sampling programs.
(a) The application fee for a sanitary waste Permit is $1,500.00
(b) The application fee for an Industrial Waste Permit is $3,000.00.
(4) Construction specifications -
(a) No unauthorized Person shall uncover, make any connections with
or opening into, use, alter, or disturb any Public Sewer or appurtenances
thereof without first obtaining a Permit from the Town of Lansing. An
inspection fee of $300.00 shall be charged for each such construction
Permit, unless such proposed construction activity is part of the original
permit application set forth in Rule 3, above.
(b) A separate and independent building Sewer line shall be provided
for every building, except where otherwise Permitted by the Town of
Lansing, and except where one building stands at the rear of another on
an interior lot and no private Sewer is available or can be constructed to
the rear building through an adjoining alley, court, yard or driveway.
(c) Old building Sewers may be used in connection with new
buildings only when they are found on examination and test by the
applicant, under observation by the Code Enforcement Officer, to meet all
requirements of these Rules and of the Town's Local Law.
(d) If a septic tank is abandoned, it must be pumped clean and
backfilled with suitable material.
(e) The size and slope of the building Sewer shall be subject to the
approval of the inspector, but in no event shall the diameter be less than
4" inches.
(f) No building Sewer parallel to any bearing wall shall be closer than
3' to said wall, or may be constructed or placed in such a manner as may
j prohibit future access or as may weaken any structural element of such
building. The depth of all building Sewers shall be sufficient to afford
protection from frost.
(g) All joints shall be gastight and watertight.
(h) The connection of the building Sewer to the Public Sewer shall be
made at the Y -branch if such branch is available. If no properly located Y -
branch is available, the owner shall, at his own expense, tap into the main
Sewer, using an approved type of adapter. This tap must be done by a
qualified plumber and under the direction of the Code Enforcement
Officer.
(i) The applicant for the building Sewer Permit shall notify the Town
Code Enforcement Officer when the building Sewer is ready for
inspection, and before the trench is backfilled. A minimum of 24 regular
working hours advance notice must be given for any request for
inspection.
0) The applicant for the building Sewer Permit must obtain a Permit
from the municipality involved before excavating within the limits of any
street or highway, or for connections inside of any house or building.
(k) All plumbers engaged in Sewer line construction shall be qualified
by experience in Sanitary Sewer construction to perform acceptable
installations according to specifications.
(1) 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 Town of Lansing from any loss or damage that may
directly or indirectly be occasioned by the installation of the building
Sewer. Maintenance, repair and cleaning of the building Sewer is solely
the responsibility of the owner.
(m) All connections to commercial, business, and industrial buildings
require the Town of Lansing to be furnished a satisfactory design drawing
of the proposed installation before a Permit will be issued.
(n) All connections with Sanitary Sewers shall be made in accordance
with the following specifications, after a Permit is granted by the Town of
Lansing.
[1] Connections to Sanitary Sewers from 5' outside building
wall shall be made with one of the following materials, not less
than 4" in diameter:
[a] Cast-iron soil pipe - The pipe shall be sound,
cylindrical, smooth and of uniform thickness and should be
thoroughly coated inside and outside with coal tar pitch
applied hot. Joints shall be made with oakum and molten
lead caulked and smoothly faced or neoprene gaskets for
bell and spigot pipe or Tyler -type TySeal gaskets or no -hub
couplings.
[b] Nominal SDR 35 (SDR 33.5 actual) PVC or heavier,
conforming to ASTM D3034.
[c] Nominal SDR 34 (SDR 33.5 actual) ABS or heavier,
conforming to ASTM D2680 and ASTM 2751.
[2] Connections from the cast iron Sewer extending 5' from the
building shall be made with approved type adapters, as made by
the pipe manufacturer.
[3] Connections from the building Sewer to the wye or riser in
the street shall be made with approved type adapters, as made by
the pipe manufacturer.
[4] All house connections must be laid to a true line and grade.
Minimum grade of 1/" per foot will be maintained, unless
otherwise approved in the Permit. After the trench is graded, the
bottom of the trench must be carefully tamped to avoid unequal
settling of the pipe. If the material in the trench is unsuitable for
proper bedding, a minimum of 6" select fill must be installed before
the pipe is laid. Cutouts for the joints must be made to insure
uniform bedding along the length of the pipe. Fine material must
be carefully tamped around the pipe and to a depth of 1'above the
pipe. When using PVC or ABS pipe there must be a minimum of
6"of washed pea gravel or No. 1 crushed stone under the pipe and
12" over the top.
[5] Before the pipe is covered, inspection and approval must be
given by the Code Enforcement Officer.
[6] If there is no house trap in the existing plumbing, either a
house trap or lawn trap must be installed. The trap must have a
fresh air inlet on the upstream side. A cleanout stack shall be
provided immediately downstream from the trap so the line may
be rodded or cleaned.
[7] All excavations shall be protected at all times by erection of
suitable barricades and the contractor shall light all excavations
with suitable lamps.
[8] Bends in the line shall be made with 1/16" or 1/8" bends,
unless authorized by the inspector. Cleanouts shall be installed at
all bends in the line, and on straight runs of over 100'.
(5) Power to enter and inspect private property and private Sewers - The
power and authority to enter upon private lands is hereby given to the Code
Enforcement Officer, and any other agent so designated by the Town of Lansing,
to effect Permit and other reviews and inspections. However, this right of entry
does not allow entry within a single- or two-family home, or any occupied
residence, unless advance written notice is furnished to the owner or occupants
at least 48 hours before the time of entry. In those cases where notice cannot be
practically provided, or in he case of an emergency, the basic powers and
authority of Code Enforcement Officers, and other agents of the Town of
Lansing, as covered in the Local Law will apply.
(6) Household pumping stations - There are some house locations which
necessitate the use of an individual pumping station for proper access to the
sanitary wastewater collection system. This type of connection shall be made in
accordance with the following regulations.
(a) Any home existing prior to the date of adoption of the Town's
Sewer Local Law and whose property is adjacent to and touching a
collector/ transmission Sewer line or Town street right-of-way where such
a Sewer line is located and cannot be served by a gravity Sewer lateral
shall be supplied with an individual household pump station. The station
shall be set up and hooked into the collection system at the cost and
expense of the property owner. All costs operation and maintenance of the
pumping station shall be the responsibility of the homeowner.
(b) It shall be the homeowner's responsibility for supplying, installing
and maintaining a pumping station which may be required on property
where no home or business exists whenever such property is developed in
the future.
B. Sewer Rents
1. Sewer rents and charges shall be set by the Town Board. The purpose of
this Rule is to set forth the terms and provisions for the collection of such Sewer
rents for the purpose of producing revenue, such revenue to be used as
hereinafter provided. Such Sewer rents are to be established and imposed with
respect to the use of the Town Sewer System.
2. This Rule shall This Article shall apply to all owners of property located
within any Town of Lansing sewer district or extension, and those who are
outside of any such district or extension who are connected to and use the Town
of Lansing Sewer System.
3. Each owner of property that is provided with water service by connecting
to any Town of Lansing Water District, the Consolidated Water District, or any
extensions of either thereof, shall be obligated to pay, an annual Sewer rent
charge equal to 30% of the amount charged to said property owner by the Town
for water consumption. Such charge shall be calculated for all quarterly billings
from the first quarterly Bolton Point water billing after the adoption of the Town
of Lansing Sewer Local Law (the "Local Law"), and for each quarter thereafter
until this Rule is otherwise modified or amended by the Town Board. This
amount is addition to any capital costs, interest thereupon, and any fees charged
by the Villages of Lansing and Cayuga Heights, as appearing upon property tax
rolls or otherwise, as referenced in the Local Law.
4. If a user is not connected to any such district or extension, sewer rent
charges shall be calculated as provided in the Local Law, or by using any
comparative flow analysis methodology. Alternately, as part of any permit
requirement, the Town of Lasing may require that any such user have a water
meter installed, and upon such installation, sewer rates shall be calculated at
$8.00 per 1,000 gallons of water used per quarter, or such other rate as hereafter
set by the Town Board of the Town of Lasing by resolution. The costs of
purchasing and properly installing such meter shall be borne by the property
owner or user. Meters must be installed in places easily accessible at all
reasonable times for reading and inspection, and the Town of Lansing shall be
authorized and permitted to have its duly designated agents read and inspect
such meters at all reasonable times. Whenever the Town shall determine that, in
its opinion, the meter is not registering properly, it shall be removed and
calibrated or replaced by a new meter, and the cost thereof shall be borne by the
property owner. After a meter is attached, any damage which the meter may
sustain from freezing or from hot water being forced back through the meter, or
�7 from any other cause, shall be repaired immediately at the expense of the
property owner. Plumbers and other Persons are not permitted or allowed to
remove meters for repairs or any other purpose without advance notice to the
Town of Lansing, and where required, a Permit for such work. All Persons are
forbidden to break meter seals, or disconnect or in any way tamper with meters
after they have been installed.
5. Such annual Sewer rent charge shall be billed and payable quarterly.
6. The amounts so billed as Sewer rent which are not paid within 30 days
shall be subject to a late payment penalty of 10% of the amount due.
7. Revenues derived from Sewer rents, including penalties and interest, shall
be credited to a special fund, to be known as the "Sewer Rent Fund." Money in
such fund shall be used in the following order:
(a) For the payment of the costs of operation, maintenance and repairs
of the Sewer System, or such part or parts thereof for which sewer rents
have been established and imposed.
(b) For the payment of the interest on and amortization of, or payment
of, indebtedness which has been or shall be incurred for the construction
of the Sewer System, or such part or parts thereof for which sewer rents
have been established and imposed (other than indebtedness, and the
interest thereon, which is to be paid in the first instance from assessments
upon benefited real property).
(c) For the construction of Sewage treatment and disposal works with
necessary appurtenances, including pumping stations, or for the
extension, enlargement, or replacement of, or additions to, such Sewer
Systems, or part or parts thereof.
8. Such revenues from Sewer rents shall not be used to finance the cost of
any extension of any part of a Sewer System (other than any sewage treatment
and disposal works, with necessary appurtenances, including pumping stations)
to serve non-sewered areas if such part has been constructed wholly or partly at
the expense of real property especially benefited; or for the payment of the
interest on, and the amortization of, or payment of, indebtedness which is to be
paid in the first instance from assessments upon benefited real property.
9. Unpaid sewer fees, and sewer rent and use charges, whether deriving
from the Town of Lansing, any of its sewer districts or extensions, or from the
Village of Lansing or the Village of Cayuga Heights, may be collected as
authorized under the Town Law, the Real Property Tax Law, and/or the General
Municipal Law; and in addition, the Town of Lansing, and any sewer district or
extension, may maintain, in its own name, any civil action to collect any amounts
due.