Cameron Septic Tank Co. v. Village of Saratoga Springs

• Decision Date: 12 March 1907
• Citation: 151 F. 242
• Parties: CAMERON SEPTIC TANK CO. v. VILLAGE OF SARATOGA SPRINGS et al.
• Court: U.S. District Court — Northern District of New York

151 F. 242

CAMERON SEPTIC TANK CO. v. VILLAGE OF SARATOGA SPRINGS et al.

United States Circuit Court, N.D. New York.

March 12, 1907

Gifford & Bull (Livingston Gifford, of counsel), for complainant.

John J Healey, Jr. (Ephraim Banning, Charles L. Sturtevant, and Edgar Brackett, of counsel), for defendants.

RAY District Judge.

The patent in suit, applied for March 15, 1897, and issued October 3, 1899, to Donald Cameron, Frederick J. Commin, and Arthur J. Martin, of Exeter, England, is for a process and apparatus for treating sewage. It declares that the patentees 'have invented certain new and useful improvements in processes of and apparatus for liquefying and purifying sewage,' for which they have received letters patent in England, No. 21,142, dated November 8, 1895, and in other foreign countries, giving dates and numbers. It then declares that:

'The following is a full, clear, and exact description of the invention which will enable others skilled in the art to which it appertains to make and use the same.'

It also declares that the object of the invention is to provide an artificial method and apparatus for the liquefaction and purification of sewage on a practical and efficient scale in a natural and simple manner, avoiding the formation of sludge. It also declares that the invention consists (1) in certain methods of developing, in a flowing current of sewage, bacteria capable of dissolving the mass of solid organic matter contained in the sewage; (2) of subsequently utilizing the so-developed bacteria in liquefying the mass of organic matter contained in the flowing current of sewage; and (3) of further purifying the effluent liquid. The patent then declares that the invention also consists in the apparatus for carrying out the process. It further declares that:

'The process of purification comprises the subjection of the sewage to the dissolving action of anaerobic bacteria and subsequently to exposure to air and light.'

The patent then describes the process, as follows:

'In carrying out the process the first step is to develop in a flowing current of sewage micro-organisms or bacteria of a character and quantity capable of practically liquefying the mass of solid organic matter contained in the flowing current of sewage. This is effected by forming a pool in the flowing current and secluding said pool from light, air, and agitation, while permitting a nondisturbing inflow of the sewage into the pool and an outflow therefrom. In this condition of the pool, in the absence of light, air, and agitation, the micro-organisms increase at a fabulous rate, being fed by the incoming solid matter of the sewage until a mass of bacteria is developed sufficient in character and quantity to liquefy substantially all the solid organic matter contained in the sewage passing through the pool. During this operation there is formed on the surface of the sewage in the pool a brown scum. This crust of solid substances floating and completely bridging over the water is from two to three inches thick, and although there is a continued inflow of raw sewage, and a continued outflow of the liquid effluent, this scum remains at about the same thickness, and does not increase. This scum attains its thickness of from two to three inches in about a week after the tank is put into use, and, although no part of it is removed, it continues at the same thickness. After the formation of this practical solid-dissolving mass of bacteria, the nondisturbing inflow and outflow are continued until practically all the solid organic matter is dissolved, and the outflow is in the form of a liquid without solid particles of sewage. The operation goes on, and the flowing current of sewage is continually liquefied. The liquefied sewage as it leaves the septic pool has a slight odor, so slight, however, that it cannot be noticed at a distance of a yard or two, and to relieve it of this slight odor it is subjected to an aerating operation.'

The patent then states that in some systems now employed, where purification is sought, the crude sewage is first treated chemically, so that the solids are to a great extent precipitated, and that it is only the liquid which is treated by filtration or otherwise; that in such processes the solid matter rapidly accumulates in the form of an offensive sludge which is difficult to dispose of. The patent then declares that, by the process described therein, such treatment may be entirely dispensed with, and the expense of dealing with the precipitated matter obviated. The patent also states that, in the prior systems, it has been considered of advantage that there should be contact of the sewage matter with the air; but that in the invention of the patent, and in treating sewage under its process, it is of the utmost importance that means be provided for preventing contact with the air, and that the chamber in which the bacteriological action takes place should be dark in order to assist the bacteria contained in the sewage to rapidly multiply, it being a well-known fact that bacteria multiply rapidly in dark places. The patent says that the exclusion of light and air can be secured by a closed cover to the tank or vessel containing the sewage, which cover may be removed after several days, as, after such closed tank has been in operation two or three days, the brown scum begins to form at the top of the mass of sewage, and eventually becomes two or three inches thick, and serves as an air-tight cover to the sewage underneath. The patent also states that this scum is formed by bacteriological action, and rises in particles from the bottom of the tank; gas forming in and carrying the particles to the top of the mass. The patent also states that, after the tank has been in operation sufficiently long for this scum to commence forming, the effluent is so free from matter in suspension that it (the effluent) is in a condition to be further treated by any other means, such, for example, as coke-breeze filters, or for irrigation or for discharging into rivers or tidal waters.

Says the patent:

'By this invention crude sewage can be treated for long periods without practically any sludge at all forming in the tank.'

The claims for this process in suit read as follows:

'(1) The process of purifying sewage which consists in subjecting the sewage under exclusion of air, of light, and of agitation to the action of anaerobic bacteria until the whole mass of solid organic matter contained therein becomes liquefied, and then subjecting the liquid effluent to air and light.

'(2) The process of liquefying the solid matter contained in sewage, which consists in secluding a pool of sewage having a nondisturbing inflow and outflow, from light, air, and agitation, until a mass of micro-organisms has been developed of a character and quantity sufficient to liquefy the solid matter of the flowing sewage, the inflow serving to sustain the micro-organisms, and then subjecting said pool under exclusion of light and air and under a nondisturbing inflow and outflow to the liquefying action of the so-cultivated microorganisms, until the solid organic matter contained in the flowing sewage is dissolved.

'(3) The process of liquefying the solid matter contained in sewage, which consists in secluding a pool of sewage having a nondisturbing inflow and outflow, from light, air, and agitation until a mass of micro-organisms has been developed of a character and quantity sufficient to liquefy the solid matter of the flowing sewage, the inflow serving to sustain the micro-organisms, then subjecting said pool under a nondisturbing inflow and outflow and under exclusion of light and air to the liquefying action of the so-cultivated micro-organisms until the solid organic matter contained in the flowing sewage is dissolved, and then subjecting the liquid outflow to an aerating operation.

'(4) The process of liquefying the solid matter contained in sewage, which consists in secluding a pool of sewage having a nondisturbing inflow and outflow from light, air, and agitation until a mass of micro-organisms has been developed of a character and quantity sufficient to liquefy the solid matter of the flowing sewage, the inflow serving to sustain the micro-organisms, then subjecting said pool under a nondisturbing inflow and outflow and under exclusion of light and air to the liquefying action of the so-cultivated micro-organisms until the solid organic matter contained in the flowing sewage is dissolved, then subjecting the liquid outflow to an aerating operation, and then to a filtering operation.'

'(21) The process of liquefying the solid matter contained in sewage, which consists in secluding a pool of sewage having a nondisturbing inflow and outflow from light, air, and agitation until a thick scum is formed on the surface thereof and a mass of micro-organisms has been developed of a character and quantity sufficient to liquefy the solid matter of the flowing sewage, the inflow serving to sustain the micro-organisms, and then subjecting said pool under the cover of said scum and under a nondisturbing inflow and outflow to the liquefying action of the so-cultivated micro-organisms until the solid matter contained in the flowing sewage is dissolved.' Claim 1 has two steps in the process: (1) Subjecting the sewage, excluded from light, air, and agitation, to the action of anaerobic bacteria until the whole mass of solid organic matter contained therein becomes liquefied; and (2) then subjecting such liquid effluent to air and light. Claim 2 (1) secludes in a pool the sewage from light, air, and agitation until the micro-organisms have been developed to a sufficient extent to liquefy the mass, and (2) then subjecting the pool of sewage to...