A.
The construction and connection of sewers for buildings
shall be in compliance with the terms and provisions of applicable
Town, village, participating members and JRSB's laws, resolutions
and regulations.
B.
A construction permit shall be applied for and obtained
from the JRSB before a person can connect to any sewer located on
properties within the jurisdictional limits of the participating members
and/or on properties outside of the jurisdictional limits of the participating
members where services have been contracted for with the JRSB.
C.
Construction permits shall not be issued unless it
has been determined by the JRSB that there is capacity available in
all downstream sewerage facilities.
D.
All existing and new residential users which are below
the elevation of the street which is immediately in front of the structure
must install, at the expense of the homeowner, a check valve. Such
valve and installation is subject to the approval of the JRSB.
E.
All existing and new residential users must install,
at the expense of the homeowner, a check valve. Such valve and installation
is subject to the approval of the JRSB.
A.
The JRSB, by proper resolution, shall have the right,
in its discretion and upon terms and conditions for payment as may
be mutually agreed upon, to contract in writing for the right to use
any sewer serving property located wholly or partly outside the JRSB's
jurisdictional limits.
B.
In the event a contract is made pursuant to Subsection A, a user of any sewer serving property wholly or partly outside the JRSB's jurisdictional limits shall be subject to all of the terms and provisions of this law; all payments and charges set forth in this law and/or any agreement between the parties; all equivalent costs, use fees, taxes, charges and expenses as would be imposed upon and paid by a user situated within the jurisdictional limits of the JRSB.
C.
If any property of a person desirous of becoming a
user is situated outside the jurisdictional limits of the JRSB and
not contiguous thereto so that it may not properly be annexed to and
become part of the JRSB's jurisdictional limits, the JRSB, in its
discretion, may permit such a connection, provided that a contract
providing essentially the following shall be entered into between
the JRSB and the user:
(1)
The user may connect buildings situated only on the
fully described tract set forth in the agreement and in accordance
with all applicable laws and regulations of the JRSB and local, state
and federal governments.
(2)
The wastes and material discharged shall meet all
present and future standards for content and volume. The user shall
further agree to pay for all future connections and user, treatment
or service charges.
(3)
The user, its successors and assigns shall, in addition
to costs noted previously, pay annually an amount equivalent to sewer
use fees computed pursuant to resolution or rate schedule.
(a)
The amount, when computed by the JRSB, shall
be charged to the user, its successors and assigns. The statement
sent to the user shall be paid within 30 days after the date of sending.
Any amount remaining unpaid after the due date shall draw interest
at the rate of 1% per month until paid.
(b)
The amount computed for the use shall be prorated
from the date of the contract.
(c)
If the user, its successors or assigns thereof
shall fail to pay the amount when due, each and every sewer upon the
property or any subdivided tract thereof for which payment is not
made shall be disconnected by the owner from any other sewer which
was connected under the contract and ultimately attaches to the JRSB
POTW. The user shall have caused or required its sewer system to be
constructed within the property in order that separate tracts may
be so disconnected and hereby gives and grants the JRSB an irrevocable
assessment and right for the purpose of going upon the same and disconnecting
any such sewer if the user, its successors or assigns fail to disconnect
promptly when such is required by the JRSB.
(d)
In addition to the right of disconnection, the
JRSB shall have a lien upon the property or subdivided portion of
it in the amount of any unpaid charges due therefrom. Upon the filing
of notice, the lien shall be deemed perfected, and the lien may be
charged and redeemed or foreclosed and the property sold to satisfy
the unpaid charges in accordance with the law.
(e)
The JRSB shall have the additional right to
file a civil suit to recover the amount of the lien, the full cost
incurred in disconnection and all its reasonable legal expenses and
attorney's fees incurred as a result of the suit.
(f)
All amounts charged under this section of this
law are due and shall continue to be due hereunder, whether or not
said sewer is disconnected, and no sewer shall be reconnected until
the JRSB is paid in full for all amounts due to it and, in addition,
the JRSB shall be paid a deposit equal to the estimated charge for
the next succeeding year. This deposit shall be held by the JRSB in
escrow and will be returned upon satisfactory payment of amounts due
the JRSB for a period of two years.
(4)
The JRSB shall not have dedicated to it or own any
sewer system installed within such property unless such sewer system
is accepted by the JRSB in writing and the user, its successors and
assigns shall maintain the same at its own cost; provided, however,
that this provision shall not be construed to prohibit the dedication
of part or all of said sewer system to another unit of government.
(5)
Upon conveyance by the owner of all or any subdivided
portion or tract of said property, the successor in title shall succeed
to all rights and liabilities hereunder, and said owner shall have
no future liability to the JRSB in respect to such tract except as
shall have accrued as of the date the instrument of conveyance is
recorded in the office of the Rockland County Clerk, New City, State
of New York.
(6)
In the event that such property therein described or any subdivided or separate tract thereof shall be annexed to the JRSB by proper ordinance or law, then the agreement executed pursuant to Subsection C of this section as to such property or the subdivided or separate tract thereof which is so annexed shall then terminate and be of no further force and effect.
(7)
The agreement executed under Subsection C shall be recorded in the office of the Executive Director of the JRSB, Beach Road, West Haverstraw, State of New York, which recording shall constitute notice to any successor or assign of the owner of its terms and provisions and to which any subsequent conveyance or assignment of the owner shall be subject.
(8)
If any part or provision of the agreement shall be
found or held by a court of competent jurisdiction to be invalid or
unenforceable, then the entire agreement shall terminate, and all
sewers of the owner or its successors or assigns shall be promptly
disconnected from any such system which ultimately connects to the
JRSB's POTW.
(9)
The applicant for treatment service under an agreement pursuant to Subsection C shall agree to assume user charges, industrial waste charges and/or capital surcharge, if applicable, and to obtain from the JRSB the proper building permit by which the connection is allowed and the discharge permit, if applicable, which indicates what discharge will be made to the POTW.
A.
The JRSB reserves the right to require any nonresidential
user to submit quarterly to the JRSB (on forms provided by the JRSB)
a certified statement of the characteristics of its industrial wastes
discharged into the sewers and the JRSB's POTW or to any sewers connected
to the JRSB's POTW. This statement shall be filed with the JRSB no
later than the 10th day of the month following the quarter for which
the report is required.
C.
Should there be a difference in understanding between
the JRSB and the nonresidential user as to the characteristics in
this section, the JRSB reserves the right to use the JRSB's results
from analysis for purposes of billing. Should submission not be made
during the ten-day period, the JRSB shall use its results from analysis
for purposes of billing.
D.
Whenever required by the JRSB, the owner of any property
serviced by a building sewer carrying nonresidential wastewater and
material shall install a large manhole or sampling chamber in the
building sewer in accordance with plans and specifications approved
by the JRSB and installed and maintained at all times at the user's
expense. There shall be ample room in each sampling chamber to accurately
sample and gather composite samples for analysis. The chamber shall
be safely, easily and independently (of other premises and buildings
of user) accessible to authorized representatives of the JRSB at all
times. Where construction of a sampling chamber is not economically
or otherwise feasible, alternate arrangements for sampling may be
arranged at the discretion of the JRSB.
E.
Each sampling chamber shall contain a Parshall flume, weir or similar device with a recording and totalizing register for measuring liquid quantity, or the metered water supply to the industrial plant may be used as measure of liquid quantity where it is substantiated by the JRSB that the metered water supply and waste quantities are approximately the same or where a measurable adjustment agreed to by the JRSB is made in the metered water supply to determine the liquid waste quantity. In the event that the use of metered water supply or a measurable adjustment thereto is agreed to by the JRSB in lieu of a wastewater flow measurement device, the use of such an alternative flow measurement technique shall be conclusive against such nonresidential user for purposes of Articles XII and XIII of this law.
F.
Samples shall be taken every hour or half hour, as
determined by the JRSB, and properly refrigerated and composited in
proportion to the flow for a representative twenty-four-hour sample.
Such sampling shall be done as prescribed by the JRSB to ensure representative
quantities for the entire reporting period. Minimum requirements for
determination of representative quantities or characteristics shall
include reevaluation during each twelve-month period. The determination
of representative quantities and characteristics shall include not
less than seven consecutive calendar days of twenty-four-hour composite
samplings taken during periods of normal operation, together with
acceptable flow measurements.
G.
The sampling frequency, sampling chamber, metering
device, sampling methods and analysis of samples shall be subject,
at any time, to inspection and verification by the JRSB.
H.
All measurements, tests and analysis of characteristics of waters and wastes to which reference is made in this section shall be determined in accordance with the definition of "standard methods" as specified in § 137-17 of this law.
I.
The JRSB may elect, at its option, to have the metering
and sample collection performed by the industrial user's personnel
and have composite samples delivered to the JRSB laboratory for analysis.
This procedure can also be terminated at any time by the JRSB upon
reasonable notice.
A.
Where a public sewer is not available as set forth in § 137-35 of this law, the building or structure shall be connected to a private sewer, and a disposal or treatment system shall be constructed in compliance with the terms and provisions of all applicable local, county, state and federal laws and/or regulations.
B.
Within 90 days after a property served by a private sewer or disposal system as described in this section shall become subject to the terms and provisions of § 137-35G of this law, a direct connection shall be made to the public sewer according to the terms and provisions of the law, and all private sewers, disposal systems, septic tanks, cesspools and other appurtenances of such private sewer and disposal system shall be disconnected and abandoned, and all openings, tanks or other containers.
C.
The JRSB and/or its participating members shall not
be responsible in any way for the operation and maintenance of a private
sewer or disposal system or facility.
D.
No provisions of the law shall be construed to provide
lesser requirements for private sewers and disposal systems as are
presently or may hereafter be imposed and required by any other local
governmental body or the state or federal government.
