Town of Orangetown, NY
Rockland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Orangetown Town Board 1-10-1955. Amendments noted where applicable.]
Sanitation and sewage — See Ch. 29.
Scavenger wastes — See Ch. 29A.
Industrial wastes — See Ch. 30A.
Sewer rents — See Ch. 31.
As used in this ordinance, the following terms shall have the meanings indicated:
As reference may hereinafter be made, the Town Board of the Town of Orangetown, County of Rockland, New York.
Documented approval issued by the Town Board which grants the recipient the right to plan, excavate, construct and connect, in accordance with all Town regulations, house sewers from curb to main interceptor line.
[Added 6-11-1984 by L.L. No. 11-1984]
All sewer districts of the Town presently existing or hereinafter constituted.
Same as "house sewer."
[Added 6-11-1984 by L.L. No. 11-1984]
Includes all pipes and appurtenances necessary to connect a building with the system; and it shall begin at the inside face of the foundation wall, or at an equivalent place, and it shall end at the connection to the system. Two or more rules and regulations may apply to different parts of the house sewer.
Water, other than wastewater, that enters a sewer system (excluding building drains) from the ground through such means as defective pipes, pipe joints, connections or manholes. Infiltration does not include, and is distinguished from, inflow. Infiltration is inadvertent, that is, not purposely designed or built into the sewer or drain.
[Added 11-9-2009 by L.L. No. 8-2009]
Water, other than wastewater, that enters a sewer system (including building drains) from sources such as, but not limited to, roof leaders, cellar drains, area drains, drains from springs and swampy areas, manhole covers, cross-connections between storm sewers and sanitary sewers, catch basins, cooling towers, stormwaters, foundation drains, swimming pools, surface runoff, street wash waters, or drainage. Inflow does not include, and is distinguished from, infiltration. Inflow is purposely designed and/or built into the sewer or drain.
[Added 11-9-2009 by L.L. No. 8-2009]
Any culvert, channel, stream, river or other liquid conveyance system which was formed by gradual geological and/or meteorological occurrences, not of man-made construction, which may be used as a means for disposal of stormwater and other unpolluted water.
[Added 6-11-1984 by L.L. No. 11-1984]
The department within the New York State Department of Conservation assigned to oversee adherence to New York State environmental regulations.
[Added 6-11-1984 by L.L. No. 11-1984]
The owner, or other person or entity exercising dominion and control by agreement with the owner, of the property to which the street lateral is connected and services.
[Added 12-13-2011 by L.L. No. 9-2011]
The sewer extension from the public sewer to the property line, or to the limits of a sanitary sewer easement, including a properly sealed and covered cleanout to grade located at the property line or easement limit.
[Added 1-10-2005 by L.L. No. 2-2005]
The person appointed at the will of and by the Town Board of the Town of Orangetown, County of Rockland, New York, in charge of the sewage system in the sewer district.
All sewers, sewer lines and appurtenances to the sewer improvement in said district.
The Town of Orangetown, County of Rockland, New York.
The department within the United States Environmental Protection Agency assigned to oversee adherence to federal environmental regulations.
[Added 6-11-1984 by L.L. No. 11-1984]
Any person, firm or corporation desiring to lay, relay or repair sewer pipe or connections, or any appurtenant part thereto, in or below the surface of any private or public highway, road, street or avenue within the district to connect with any part of the system shall, prior to the commencement of any work, apply for and obtain the necessary authority in the manner hereinafter provided, and all charges, fees or rates shall be due and payable in advance to the Town and when so paid shall be credited to the operation and maintenance fund of the district. Such permit shall not create any vested right in or under such private or public highway, road, street or avenue, and such permit will be issued upon the express condition that the Board may, at any time, revoke and annul the same if it is deemed for the best interests of the district and Town.
An owner or his agent, before commencing any work or excavation for a house sewer or connection to the sewer or before making any alterations or additions to existing house sewers or connections which may be or are proposed to be connected to the system, shall file with the Superintendent a written application for a permit, signed by him or his agent on the form provided by the Superintendent. Said application shall be accompanied by a complete description of the proposed work, together with a plan or sketch thereof showing in detail the location of the proposed connection and such other pertinent facts as the Superintendent may request. No work shall be done and no connection shall be made until the application has been approved and permission given by the Superintendent. No connection to the system shall be made except under inspection of the Superintendent and not before public notice is given by the Board that the system is in readiness for use and a permit has been issued.
[Amended 1-27-1969; 9-10-1991 by L.L. No. 17-1991; 11-27-1995 by L.L. No. 34-1995]
Upon an application for a permit for excavation and construction of new sewer mains, new sewer services and new house sewer connections and/or disconnections of an existing house drain or sewer pipe from a cesspool or septic tank and to connect it to a newly laid house sewer discharging into the street sewer, the fee for said permit shall be $200. If the Department of Environmental Management and Engineering does not issue the permit within 30 days, the fees shall be returned to the applicant, together with one copy of the filed application, with the reasons for rejection noted thereon and signed by the Director of the Department of Environmental Management and Engineering.
[Amended 5-26-1964; 9-10-1991 by L.L. No. 17-1991]
All house sewer connections, including that portion between the main and the curb (which shall be of six-inch pipe unless the Commissioner of the Department of Environmental Management and Engineering shall direct that a larger size shall be used), shall be done by the owner at his own cost and expense.
[Amended 11-27-1995 by L.L. No. 34-1995; 12-13-2011 by L.L. No. 9-2011]
It shall be the responsibility of the owner to procure any necessary permits for the street openings and to replace the street surface in a condition satisfactory to the Highway Department having jurisdiction. All construction shall be under the supervision of the District Superintendent. Where the existing sewer main is not located in a public street, the person desiring to connect with such sewer main shall relocate said main in the nearest public street in accordance with specifications of the District Superintendent.
Any person, firm or corporation, except when he or it is proceeding under contract with the Town and/or district, shall be registered with the Board in a manner hereinafter provided.
Once a street lateral and its associated cleanout have been constructed and approved by the Superintendent or Commissioner, the street lateral and its associated cleanout shall become the property of the Town; provided, however that the responsibility for, and cost of, any repairs to same shall be borne by, and remain with, the property owner whose property is serviced by the lateral.
[Added 1-10-2005 by L.L. No. 2-2005; amended 12-13-2011 by L.L. No. 9-2011]
All applications for certificates of registration to construct any house sewer or do any work indicated to any connection to said system shall be made, in writing, to the Director of the Department of Environmental Management and Engineering, and all certificates of registration shall be granted by the Board. The fee for such certificate of registration shall be $250. An applicant, before receiving such certificate, shall furnish to the Board proof satisfactory to it that:
[Amended 5-25-1964; 9-10-1991 by L.L. No. 17-1991; 11-27-1995 by L.L. No. 34-1995]
Said applicant is qualified to do such work in a good, workmanlike manner.
Said application is accompanied by a bond with sureties acceptable to the Board in the sum of not less than $25,000 guaranteeing that:
The applicant shall duly and faithfully perform said work in all respects.
Said applicant shall comply in all respects with all rules and regulations established by the Town.
Said applicant will indemnify the Town for all loss or damage that may result from his work.
Said applicant shall obtain a permit from the Town before commencing any work or excavation.
In the event that the applicant has been deemed to have violated this ordinance or any rule or regulation, upon notice thereof, said applicant will forthwith, at his own expense, cure said violation, and in the event of his failure to do so within a reasonable time thereafter, said violation may be cured by the Town, and any expense incidental thereto will be paid by the applicant.
The applicant shall furnish certificates of public liability insurance in the sum of $1,000,000 and property damage insurance in the sum of $100,000, which shall indemnify and save harmless the district and the Town, its officers, agents and employees from all suits and actions for the recovery of damages, money or otherwise, for and on account of any injury or damages, resulting in death or otherwise, received or sustained by any person, persons or property as a direct or indirect result of any work, labor or materials used by the applicant and/or as a result of negligence, carelessness or recklessness of the applicant in the performance of said work and/or as a result of any act of omission or commission of said applicant. Said applicant shall have workers' compensation insurance as required by law, and the application shall be accompanied by certificates thereof or by satisfactory proof of exemption. All of said policies of insurance shall bear an endorsement in favor of the Town of Orangetown.
[Amended 9-10-1991 by L.L. No. 17, 1991; 11-27-1995 by L.L. No. 34, 1995]
All materials used in conforming to this ordinance will be of the best quality and all work will be executed by skilled workers in a thorough, workmanlike manner.
Upon receiving said certificate from the Board, the applicant shall furnish to the Superintendent a certificate of its issuance, signed by the Town Clerk. Said certificate of registration may be canceled and annulled by the Board for cause after a public hearing thereon, but such certificate of registration shall be automatically canceled and annulled upon the expiration of either the bond or the insurances required for such certificate of registration. The owner of such canceled certificate shall not thereafter be registered for a period of two years after the date of the cancellation of said certificate. Said certificate of registration shall expire on the 31st day of December in each year succeeding the date of its initial issuance. All applications for renewals of said certificates shall be filed between the 15th day of November and the 30th day of November next preceding the date of expiration, and such renewal certificates shall become effective on the first day of January thereafter.
Nothing herein contained shall prevent any owner from constructing the connection and/or furnishing the material from the house drain to the property line, and any owner doing such work on his private property need not, unless required by any other law, obtain a certificate of registration nor furnish any bond, public liability insurance nor any workers' compensation insurance but shall otherwise comply with this ordinance. The owner shall comply with this ordinance concerning any work and materials necessary for the connection outside of the property line, and such work shall be performed under a certificate of registration.
Any person, firm or corporation who is registered under § 30-6 of this ordinance will not be permitted to subcontract the installation of these facilities. Any signature for work performed by others will immediately revoke the certificate of the signee.
[Added 5-25-1964]
[Amended 5-25-1964; 4-24-1967; 1-27-1969; 9-10-1991 by L.L. No. 17-1991; 11-27-1995 by L.L. No. 34-1995]
No trench shall be backfilled nor shall any portion of pipe or footings be covered until inspected and approved by the Director of the Department of Environmental Management and Engineering and/or his representative. Application for inspection shall be made in writing. The applicant shall give 48 hours' notice to the Department prior to the inspection. Emergency inspection shall be scheduled as soon as practicable by the Department without regard to the forty-eight-hour waiting period, Monday through Friday, 8:00 a.m. to 4:00 p.m., or as soon as practical thereafter, for which the applicant shall pay a fee of $150 for each and every inspection. Fees for inspections made after 4:00 p.m. on any working day shall be $200 per inspection. Fees for inspections made on Saturdays, Sundays and holidays shall be $250 per inspection. If the Department of Environmental Management and Engineering requires an inspector on the job site at all times on Saturdays, Sundays and holidays, the contractor shall pay an additional fee of $65 per hour.
All buildings or premises within the district shall be connected with said system.
Property within the Town of Orangetown shall contain a sewage system which can physically be connected with the Orangetown sewerage system and shall pay the full sewer rental, taxes and/or charge which shall become due on such property irrespective of the fact that such property has not been connected with the Orangetown sewerage system.
[Added 6-11-1973 by L.L. No. 9-1973]
All properties, as determined by the Town Board, after due application to the Department of Environmental Management and Engineering, that are physically unable to connect to the Orangetown sewerage system shall not pay the sewer rent set forth in § 31-3A(2) of the Town Code but shall pay the special ad valorem levy set forth in § 31-3A(1)(b).
[Added 6-11-1973 by L.L. No. 9-1973; amended 11-28-2005 by L.L. No. 17-2005]
If and when a sewer connection is completed and approved for any property upon which buildings are located, existing waste disposal facilities, including privy vaults, cesspools, septic tanks or similar facilities, shall immediately be disconnected so as not to drain into the street sewers, and they shall be abandoned within 30 days after final inspection and approval of the street sewer by the Superintendent.
It shall be unlawful for any person, firm or corporation to cause, allow or permit the discharge of sewage wastes from any building or buildings or premises within the sewer district into or upon any highway, private or public way, stream, watercourse, ditch, either surface or subsurface, ground water drain, or stormwater drain.
Every building shall have a separate and independent connection with the district sewer directly in front of the land upon which it is situated except as otherwise permitted. When a building is situated in the rear of another building, provided both are on the same plot and in the same ownership, both buildings may be connected into a single house sewer. If the buildings are in separate ownership no such connection will be permitted unless evidence of an agreement between the two property owners is filed with the application.
Before laying a new house sewer, the bottom of the trench must be carefully tamped to prevent unusual settlement of the sewer. After the pipe is laid, the earth used for filling the trench must be replaced in layers, each layer being well tamped. Tunnelling is prohibited, unless written permission has been obtained from the Superintendent. In any case where the house sewer passes through filled ground which is liable to settle, cast iron pipe or other special precautions may be required by the Superintendent.
A house sewer shall have a slope of not less than 1/4 inch in one foot length, unless special written permission is granted by the Superintendent; the size of such sewer shall not be less than is shown in the following table based upon the number of fixture units in a building or buildings, nor shall it be larger than the maximum size allowed in the table for the size of the street sewer in question, but in no case shall any house sewer be less than four inches in diameter. In special cases the Superintendent may require a house sewer larger than the size given in the table.
Drain or House Sewer
No. of Water Closets
Total Fixture Units
Number of Fixture Units for Different Fixtures
Wash basin
Shower bath
Slop sink
Laundry tray
Water closet
Sink and laundry combination
The number of equivalent fixture units for a fixture or other water connected device not listed shall be estimated by the Superintendent.
Maximum Sizes of House Sewer Connection
Lateral Sewer
House Sewer
12" or over
In each house drain constructed subsequent to the adoption of this ordinance, at a point just inside of the cellar wall, a four-inch standard cleanout fitting with screw ferrules shall be provided. The lowest part of the screw ferrule shall be placed at a point not less than 12 inches above the cellar floor or the highest portion thereof if at different elevations.
No running or house trap shall be allowed to remain in any house drain or house sewer if the same is to be connected to the sewer system.
If cast-iron pipe is used for a house sewer, the method of connection between the house sewer and the district sewer shall be done by running the cast-iron pipe into a bell of vitrified tile pipe at least 12 inches and making a joint with oakum and bituminous compound. If, in the judgment of the Superintendent, further protection is needed because of groundwater conditions, a cement joint shall be added around the bituminous joint. Where the cast-iron house drain is connected to a tile house sewer, the same method shall be followed.
The house sewer beyond a point three feet outside of the foundation wall and within the curbline may be constructed of vitrified bell-and-spigot tile with joints made of a bituminous compound as hereinafter specified, provided that the house sewer is laid with more than 36 inches of ground cover and that maximum groundwater levels are at least two feet below the house sewer. When conditions are different from those above specified or where, in the opinion of the Superintendent, a proper house sewer cannot be constructed under the intent of the above specifications, the applicant for a house sewer may be required to use extra-heavy cast-iron pipe with leaded or other approved metallic joint, under direction of the Superintendent. Vitrified tile pipe may be used in all house sewers over six inches in diameter, provided that, in the judgment of the Superintendent, the installation with its appurtenances is done in accordance with specifications at least equal to the original sewer system. Nothing in this section shall prohibit the use of extra-heavy cast-iron pipe in the construction of a house sewer if the owner so elects, provided that the same is installed as provided in this ordinance for the use of cast-iron pipe.
[Amended 5-31-1960; 9-23-1985 by L.L. No. 10, 1985]
Polyvinyl chloride sewer pipe.
The use of polyvinyl chloride sewer pipe and fittings for sewer connections is permissible, provided that the same conform to the ASTM Specification D3034-77C, have an SDR classification of 35 and have a minimum pipe stiffness at 5% deflection of 46 pounds per square inch for all sizes, when tested in accordance with ASTM Specification D-2412.
Polyvinyl chloride pipes and fittings shall be furnished with integral bells and spigots and rubber sealing rings. The rubber sealing rings shall meet the requirements of ASTM F477-76. The joint design shall permit the pipe to expand, contract and deflect. The gasket shall provide an adequate compressive force against the sealing surfaces of the bell and spigot so as to effect a positive seal under all combinations of the joint tolerance. The gasket shall be the only element depended upon to make the joint flexible and watertight. The joint shall meet the requirements of ASTM D-3212. Before joining the pipes, the joints shall be coated with a lubricant, which shall be brushed on the surfaces to be coated. The spigot shall be positioned in the bell of the preceding pipe and pushed home by hand or with a metal bar. If a metal bar is used, the bell of the entering pipe shall be protected with a block of wood to prevent damage to the pipe. The pipe layer will assure that the joint has been pushed home.
The embedment material around the PVC pipe must be installed in layers not exceeding six inches in accordance with details of the sewer district or as required by the Superintendent. The embedment material shall be Class I, Class II or Class III, as required by the Superintendent.
Classes of embedment material.
Class I material shall conform to the following standard: minimum particle size, 1/4 inch; maximum particle size, 3/4 inch. Not less than 50% by weight of material shall pass the No. 3/8-inch sieve. Class I material requires hand compaction.
Class II material is defined as coarse sands and gravels with maximum particle size of 40 millimeters [1 1/2 inches], including variously graded sands and gravels containing small percentages of fines, generally granular and noncohesive, either wet or dry. Unified soil classification types GW, GP, SW and SP are included in this class.
Class III material is defined as fine sand and clayey gravels, including fine sands, sand-clay mixtures and gravel-clay mixtures. Unified soil classification types GM, GC, SM and SC are included in this class.
The pipe layer shall take care to ensure that all voids under the pipe haunch are filled and compacted and shall take precautions to prevent movement of the pipe during placing and compaction of the embedment material. No puddling or jetting will be permitted for the compaction of the embedment material.
Asbestos-cement building sewer pipe. The use of asbestoscement building sewer pipe for sewer connections is permissible, provided that the same conforms substantially to ASTM Designation C428 for Class 2400 pipe modified to omit the hydrostatic test and limited to lengths not exceeding five feet overall and provided that said installation is approved by the Superintendent.
In making a bituminous joint in vitrified tile or between vitrified tile pipe and cast-iron pipe, the spigot shall be well centered in the bell, with jute or oakum caulked evenly and tightly, leaving a depth at least 3/4 of an inch for the compound. An asbestos snake-runner, or over pipe jointer, after greasing shall be passed tightly around the pipe clamped at the top leaving a small opening around which a small clay gate shall be built. The annular space, together with that inside the gate, shall be completely filled with hot bituminous compound of a type approved by the Superintendent. All pipe shall be thoroughly clean and dry before the joint is poured. The ditch shall in all cases be kept dry during pipe laying. In making a joint in cast iron pipe, the same method shall be used and required above for vitrified tile pipe, except that molten lead or other approved metallic compound, thoroughly caulked, shall be used instead of bituminous compound.
All vitrified pipe and special fittings shall be Class "A" salt-glazed vitrified-clay sewer pipe of the hub-and-spigot pattern conforming to specifications C-13-24 or superseding subsequent specifications of the American Society for Testing Materials.
At all bends in house sewers not made with long radius fittings, a "Y" or cleanout fitting shall be inserted in the house sewer with "Y" branch carried to the surface of the ground and terminated at said surface with a brass ferrule if on a cast iron house sewer, or lamphole if on a terra cotta house sewer, shall be provided for access. On any house sewer, lampholes shall be provided where required by the Superintendent because of special conditions such as length, alignment or character of ground. Where the size of the house sewer exceeds six inches in diameter, manholes built according to equal specifications for the district sewers, or better, at every change in direction and at distances not exceeding 300 feet may be substituted for the lampholes.
An existing house sewer to a cesspool or septic tank may be utilized provided that a lamphole is constructed at a point just inside the property line and the owner of the property will agree in writing that if and when excessive infiltration of ground or surface water is found to occur, he will, on written notice from the Superintendent, reconstruct the defective section to conform to this ordinance within 30 days after the receipt of such notice, weather conditions permitting.
A lamphole when required shall be constructed as follows: For cast iron sewers, a "T" shall be inserted with cast iron pipe not less than four inches in diameter extending to the surface of the ground with standard four inch trap screw furrels inserted in bell of the uppermost section. For tile pipe, a "T" shall be used with vitrified clay tile not less than four inches in diameter extending to the surface capped with metal or vitrified clay terminal for ready access.
No blow-off or drip or steam exhaust from any boiler or pipe system connected thereto shall be directly connected with the house drain or the house sewer. Such connections may be permitted with the written approval of the Superintendent if provision is made for the discharge of steam or hot water into a suitable storage tank or steam condenser provided with proper mechanism for gradually releasing the hot water into the house sewer.
[Amended 11-9-2009 by L.L. No. 8-2009]
No connection shall be made to any sanitary sewer contained in the Orangetown Sewer District, which connection is intended to discharge inflow or has the effect of discharging inflow. Such prohibited connections include, but are not limited to, footing drains, roof leaders, roof drains, cellar drains, sump pumps, catch basins, uncontaminated cooling water discharges, or other sources of inflow. All such connections shall be considered illicit. The construction, use, maintenance or continued existence of any such illicit connection is prohibited.
When an inspection or test indicates that inflow is being discharged into the house sewer or the municipal sewer system, such discharge shall constitute a violation of this section.
Such violation shall be cause for revocation of any permit previously granted to connect with the sewer, unless the necessary corrections are made within 30 days from the date of written notice given to the owner of the premises or his agent.
[Added 6-11-1984 by L.L. No. 11-1984[1]]
The house sewer shall be brought to the building at an elevation below the basement floor whenever possible. In the event that the house drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such house drain shall be lifted by an approved means and discharged to the house sewer.
Editor's Note: This local law also repealed former § 30-26, Industrial wastes. For current provisions relating to industrial wastes, see Ch. 30A, Industrial Wastes.
[Added 6-11-1984 by L.L. No. 11-1984[1]]
Stormwater and other unpolluted drainage, as defined in § 30-25, shall be discharged to such sewer specifically designed as a storm sewer or to a natural outlet approved by the Superintendent and other regulatory agencies.
Editor's Note: This local law also repealed former § 30-27, Application for discharge of industrial wastes, as amended 6-26-1967. For current provisions pertaining to industrial wastes, see Ch. 30A, Industrial Wastes.
[Amended 9-10-1991 by L.L. No. 17-1991; 11-27-1995 by L.L. No. 34-1995; 5-22-2006 by L.L. No. 10-2006]
Treatment plants, grease interceptors, oil/water/grit separators or similar devices required for the removal of grease in emulsion or suspension, oils (vegetable or mineral), petroleum products, and mud or grit, which discharge to a publicly owned treatment works within the Orangetown Sewer District, shall be required to have a permit from the Orangetown Sewer District and to pay a permit fee. The permit fee shall be established by the Town Board and shall be for a three-year permit period. For a treatment plant involving industrial or trade wastes containing organic matter in solution or suspension having a strength greater than normal domestic sewage, an additional surcharge fee shall be charged in an amount to be determined by the Town Board based on the recommendation of the Director of the Department of Environmental Management and Engineering, which additional surcharge shall correlate to the amount of material to be treated daily and the strength of the wastes.
The filing of an application, or the granting or issuance of any permit, together with any limiting conditions, shall not be deemed to affect the rights of the Orangetown Sewer District to suspend sewer service at any time after 10 days' prior written notice to the permit holder or applicant.
Additional requirements regarding grease and oil separators are set forth in § 30-35 of this Code, and additional requirements regarding surcharges are set forth in § 31-3C of this Code.
The provisions of § 30-28 of this ordinance shall not be deemed to apply on any premises where special sewer service contracts have been made with the Board.
Where, due to special or unusual conditions, a house sewer connection cannot be constructed within the provisions of this ordinance or where such ordinance does not exactly apply, the Superintendent shall, upon the receipt of an application for a house sewer connection under such conditions, submit a report and recommendation explaining all details of the case to the Board for its decision. Notice thereof shall be given to the applicant, who shall have the right to appear before said Board, and consideration shall be given to the requests of the applicant.
Nothing in this ordinance shall prevent an owner or his agent from appealing to the Board, on written notice to the Superintendent, from any requirement or decision which, in the opinion of the owner or agent, is unfair to him or imposes upon him an unusual hardship.
The Superintendent, or his duly authorized representative, shall, in the discharge of his duties and in the enforcement of these regulations and for the purposes of inspection and reinspection, have the right to enter upon the properties and the buildings located in the district at a reasonable time for the purpose of determining whether sewer or drain construction on such premises is in accordance with the requirements of this ordinance.
[Amended 10-27-1958; 9-10-1991 by L.L. No. 17-1991; 11-27-1995 by L.L. No. 34-1995; 11-9-2009 by L.L. No. 8-2009]
In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this chapter shall be guilty of a violation punishable by a fine not exceeding $350 for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine of not less than $350 nor more than $700 or imprisonment for a period not to exceed 15 days, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine of not less than $700 nor more than $1,000 or imprisonment for a period not to exceed 15 days, or both.
The continuation of an offense shall constitute, for each week the offense is continued, a separate and distinct offense and shall require a separate and distinct penalty as per this chapter.
In the event that the New York Department of Environmental Conservation (DEC) imposes any fines or penalties upon the Town in relation to any illegal sewer connection, or the Town expends any monies relating to the illegal sewer connection, the owner or occupant of the relevant property, in addition to the penalties spelled out above, shall be required to make full restitution to the Town.
In addition to the above-described penalties, the Town may recover all reasonable attorney's fees incurred by the Town in enforcing the provisions of this chapter, including reasonable attorney's fees incurred in any action to recover penalties and damages, and the Town may also recover court costs, and other expenses associated with the enforcement activities, including testing, sampling and monitoring expenses.
Additionally, an action or proceeding may be maintained in the name of the Town in any court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of any portion of this chapter.
The Board may, at any time, in its discretion, stop and prevent the discharge into the system of any substance deemed by it liable to injure the system, or any pertinent part thereof, or to interfere with the normal operation of the system, or any pertinent part thereof, and said Board may, at any time, without notice and without liability, obligation or recourse, sever the house sewer connection or drain from the system through which such detrimental substances are discharged. Upon proof of the abatement of the detrimental discharge, or the correction of the cause of such discharge, the Board may cause any disconnected house sewer or drain to be reconnected to the system upon receipt of a fee of $250 for each reconnection.
Upon the failure of a property owner to pay any fine, penalty or restitution due under this section, the Town Board may hold a public hearing. The public hearing shall be held upon notice forwarded by certified mail, return receipt requested. If for any reason no address is available, the notice shall be posted conspicuously on the affected property. Posting and service of such notice shall not be less than 15 days prior to the date of the public hearing. The Town Board, after the public hearing, may direct that any unpaid fine, penalty or restitution shall be assessed against the record owner of the offending property. The expense so assessed shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges.
If any clause, sentence, paragraph or part of this ordinance shall, for any reason, be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph or part thereof directly involved in the controversy in which such judgment shall have been rendered.
[Added 7-18-2005 by L.L. No. 14-2005]
Fats, oils and grease interceptors shall be required and provided when sewage and wastewater contains an excessive amount of fats, oils and/or grease, flammable substances and/or other harmful substances (all such substances hereinafter referred to as "FOG") for multifamily residences and other buildings which generate a sufficient quantity of FOG to cause a buildup of FOG in the interceptor downstream of its connection to the public sewer and for buildings which have large kitchens, cafeterias or centralized dining facilities; except that such interceptors shall not be required for a single-family dwelling or unit.
All interceptors shall be of a type and capacity approved by the Superintendent or Director of the Town's Department of Environmental Management and Engineering (DEME) and shall be located where they shall intercept sewage and wastewater from the facilities generating FOG prior to being mixed with other sewage and wastewater and where the interceptors shall be easily accessible for cleaning, maintenance and inspection.
Where it is determined by the Superintendent or Director of DEME that a FOG trap is required for a building with multiple kitchens or cooking areas, and it is prohibitively expensive to separate the plumbing from those areas to a common FOG trap, individual FOG traps, approved FOG reclamation units, or other measures to control the FOG may be approved by the Superintendent or Director of DEME in his/her discretion.
FOG interceptors shall be inspected, cleaned and repaired regularly, and as needed, by the owner of the real property where the interceptor is located (hereinafter referred to as "the owner") at the owner's cost and expense. Records and receipts for cleaning the interceptors, including the date, quantity of waste removed, and the name and address of the contractor removing the waste shall be maintained by the owner and made available to the Town, for inspection upon request, for at least three years.
If, after being directed by the Superintendent or Director of DEME to do so, FOG interceptors are not constructed, installed or maintained adequately, the Town may perform the work itself, or arrange to have it performed by private vendors and charge the owner for the cost of such work, and the owner shall be responsible for payment of such vendor's bill. If the owner does not pay the vendor's charges for said work, the unpaid bill shall be levied against the real property subject of the work as a lien against such property and collected as if said charges were unpaid property taxes.
FOG removed from the interceptor shall not be discharged into the Town's publicly owned treatment works without prior written permission from the Superintendent or Director of DEME. The contractor shall maintain records of the location of the final disposition of the FOG removed from the interceptor, which records shall also be made available to the Town, for inspection upon request, for at least three years.
"Excessive amounts of FOG" shall be defined as a combined total of 100 milligrams per liter.