A.
BIOCHEMICAL OXYGEN DEMAND (BOD)
BUILDING DRAIN
BUILDING SEWER
COMBINED SEWER
DIRECTOR
EASEMENT
FLOATABLE OIL
GARBAGE
INDUSTRIAL WASTES
NATURAL OUTLET
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION or NYSDEC
PERSON
PH
PROPERLY SHREDDED GARBAGE
PUBLIC SEWER
SANITARY SEWER
SEWAGE
SEWER
SIGNIFICANT INDUSTRIAL USER
SLUG
STORM DRAIN (sometimes termed "STORM SEWER")
SUSPENDED SOLIDS
UNPOLLUTED WATER
WASTEWATER
WASTEWATER FACILITIES
WASTEWATER TREATMENT WORKS
WATERCOURSE
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY or USEPA
Unless the context specifically indicates otherwise, the meaning
of terms used in this article shall be as follows:
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20° C., expressed in milligrams per liter.
That part of the lowest horizontal piping of a drainage system
which receives the discharge from soil, waste and other drainage pipes
inside the walls of the building and conveys it to the building sewer,
beginning five feet (1.5 meters) outside the inner face of the building
wall.
The extension from the building drain to the public sewer
or other place of disposal, also called a "house connection."
A sewer intended to receive both wastewater and stormwater
or surface water.
The Director of Water and Sewer Operations of the Town or
his authorized deputy, agent or representative.
[Amended 11-18-2015 by L.L. No. 9-2015]
An acquired legal right for the specific use of land owned
by others.
Oil, fat or grease in a physical state such that it will
separate by gravity from wastewater by treatment in an approved pretreatment
facility. A wastewater shall be considered free of floatable fat if
it is properly pretreated and the wastewater does not interfere with
the collection system.
The animal and vegetable waste resulting from the handling,
preparation, cooking and serving of foods.
The wastewater from industrial processes, trade or business,
as distinct from domestic or sanitary wastes.
Any outlet, including storm sewers and combined sewer overflows,
into a watercourse, pond, ditch, lake or other body of surface water
or groundwater.
The New York State Department of Environmental Conservation
or duly authorized official of said Department.
Any individual, firm, company, association, society, corporation
or group.
The logarithm of the reciprocal of the hydrogen ion concentration.
The concentration is the weight of hydrogen ions, in grams per liter
of solution. Neutral water, for example, has a pH value of seven and
a hydrogen ion concentration of 10-7.
The wastes from the preparation, cooking and dispensing of
food that have been shredded to such a degree that all particles will
be carried freely under the flow conditions normally prevailing in
public sewers, with no particle greater than 1/2 inch (1.27 centimeters)
in any dimension.
A common sewer controlled by a governmental agency or public
utility.
A sewer that carries liquid and water-carried wastes from
residences, commercial buildings, industrial plants and institutions
together with minor quantities of groundwater, stormwater and surface
waters that are not admitted intentionally.
The spent water of a community. The preferred term is "wastewater."
A pipe or conduit that carries wastewater or drainage water.
Any user who has a discharge flow of 25,000 gallons or more
per average workday, or has a flow greater than 5% of the flow in
the Town wastewater system, or has in his waste toxic pollutants,
as defined pursuant to Section 307 of the Federal Clean Water Act,
or has been identified as one of the 21 industrial categories pursuant
to Section 307 of the Federal Clean Water Act, or is found by the
Town to have significant impact either singly or in combination with
other contributing industries on the treatment or collection system.
Any discharge of water or wastewater which in concentration
of any given constituent or in quantity of flow exceeds for any period
of duration longer than 15 minutes more than five times the average
twenty-four-hour concentration or flows during normal operation and
shall adversely affect the collection system and/or performance of
the wastewater treatment works.
A drain or sewer for conveying water, groundwater, subsurface
water or unpolluted water from any source.
Total suspended matter that either floats on the surface
of or is in suspension in water, wastewater or other liquids and that
is removable by laboratory filtering as prescribed in "Standard Methods
for the Examination of Water and Wastewater" and is referred to as
"nonfilterable residue."
Water of quality equal to or better than the effluent criteria
in effect or water that would not cause violation of receiving water
quality standards and would not be benefited by discharge to the sanitary
sewers and wastewater treatment facilities provided.
The spent water of a community. From the standpoint of source,
it may be a combination of the liquid and water-carried wastes from
residences, commercial buildings, industrial plants and institutions,
together with any groundwater, surface water and stormwater that may
be present.
The structures, equipment and processes required to collect,
carry away and treat domestic and industrial wastes and dispose of
the effluent.
An arrangement of devices and structures for treating wastewater,
industrial wastes and sludge. Sometimes used as synonymous with "waste
treatment plant" or "wastewater treatment plant" or "water pollution
control plant."
A natural or artificial channel for the passage of water
either continuously or intermittently.
The United States Environmental Protection Agency or, where
appropriate, a designation for the administrator or other duly authorized
official of said Agency.
B.
Word usage. The term "may" is permissive; the term "shall" is mandatory.
It shall be unlawful for any person to place, deposit or permit
to be deposited in any unsanitary manner on public or private property
within the Town of North Castle, or in any area under the jurisdiction
of said Town, any human or animal excrement, garbage or objectionable
waste.
It shall be unlawful to discharge to any natural outlet within
the Town of North Castle, or in any area under the jurisdiction of
said Town, any wastewater or other polluted waters, except where suitable
treatment has been provided in accordance with subsequent provisions
of this article.
Except as hereinafter provided, it shall be unlawful to construct
or maintain any privy, privy vault, septic tank, cesspool or other
facility intended or used for the disposal of wastewater.
The owner of all houses, buildings or properties used for human
occupancy, employment, recreation or other purposes, situated within
the Town and abutting on any street, alley or right-of-way in which
there is now located or may in the future be located a public sanitary
or combined sewer of the Town, is hereby required, at the owner's
expense, to install suitable toilet facilities therein and to connect
such facilities directly with the proper public sewer in accordance
with the provisions of this article within 90 days after date of official
notice to do so, provided that said public sewer is within 100 feet
(30.5 meters) of the property line.
A.
Where a public sanitary or combined sewer is not available under the provisions of § 250-56, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of this section and in accordance with all standards, rules and regulations of the New York State Department of Health.
B.
The type, capacities, location and layout of a private wastewater
disposal system shall comply with all recommendations of the Department
of Health of the State of New York. No septic tank or cesspool shall
be permitted to discharge to any natural outlet.
C.
At such time as a public sewer becomes available to a property served by a private wastewater disposal system as provided in Subsection D, a direct connection shall be made to the public sewer within 90 days after notice to connect in compliance with this article, and any septic tanks, cesspools and similar private wastewater disposal facilities shall be cleaned of sludge and filled with suitable material.
D.
The owner shall operate and maintain the private wastewater disposal
facilities in a sanitary manner at all times, at no expense to the
Town.
E.
No statement contained in this section shall be construed to interfere
with any additional requirements that may be imposed by the Health
Officer.
No unauthorized person shall uncover, make any connections with
or opening into, use, alter or disturb any public sewer or appurtenance
thereof without first obtaining a written permit from the Director
of Water and Sewer Operations.
[Amended 8-14-2013 by L.L. No. 7-2013]
The owner or his agent shall make application on a special form
furnished by the Town. The permit application shall be supplemented
by any plans, specifications or other information considered pertinent
in the judgment of the Director of Water and Sewer Operations. A fee
shall be charged in connection with the sewer service applications
and other actions of the Town described in or contemplated by this
part in such amounts as set forth in the Master Fee Schedule.[1]
All costs and expenses incidental to the installation and connection
of the building sewer shall be borne by the owner. The owner shall
indemnify the Town from any loss or damage that may directly or indirectly
be occasioned by the installation of the building sewer.
A separate and independent building sewer shall be provided
for every building; 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, the front building may be extended to the
rear building and the whole considered as one building sewer, but
the Town does not and will not assume any obligation or responsibility
for damage caused by or resulting from any such single connection
aforementioned.
Old building sewers may be used in connection with new buildings
only when they are found, on examination and test by the Director
of Water and Sewer Operations, to meet all requirements of this article.
The size, slope, alignment, materials of construction of a building
sewer and the methods to be used in excavating, placing of the pipe,
jointing, testing and backfilling the trench shall all conform to
the requirements of the Building and Plumbing Code or other applicable
rules and regulations of the Town. In the absence of code provisions
or in amplification thereof, the materials and procedures set forth
in appropriate specifications of the American Society for Testing
and Materials and WPCF Manual of Practice No. 9 shall apply.
Whenever possible, the building sewer shall be brought to the
building at an elevation below the basement floor. In all buildings
in which any building drain is too low to permit gravity flow to the
public sewer, sanitary sewage carried by such building drain shall
be lifted by an approved means and discharged to the building sewer.
No person shall make connection of roof downspouts, foundation
drains, areaway drains or other sources of surface runoff or groundwater
to a building sewer or building drain which in turn is connected directly
or indirectly to a public sanitary sewer, unless such connection is
approved by the Director of Water and Sewer Operations for purposes
of disposal of polluted surface drainage.
[Amended 9-25-2019 by L.L. No. 6-2019]
A.
The connection
of the building sewer into the public sewer shall conform to the requirements
of the Building and Plumbing Code or other applicable rules and regulations
of the Town, or the procedures set forth in appropriate specifications
of the American Society for Testing and Materials and the WPCF Manual
of Practice No. 9. All such connections shall be made gastight and
watertight and verified by proper testing. Any deviation from the
prescribed procedures and materials must be approved by the Director
of Water and Sewer Operations before installation.
B.
All subsequent
extensions to the Orchard Drive Sewer Extension which require pumping
shall conform and follow the design of Ralph G. Mastromonaco, P.E.,
P.C., dated March 20, 2018; last revised June 26, 2018, and approved
by Westchester County Department of Health on August 2, 2018, including
force main, service connection valves and pump design requirements.
C.
Alternatively,
subsequent extensions to the Orchard Drive Sewer Extension shall conform
to the detail on file with the Town dated September 13, 2019, last
revised September 25, 2019, entitled "Integrated Pump and Storage
Tank."
The applicant for the building sewer plan shall notify the Director
of Water and Sewer Operations when the building sewer is ready for
inspection and connection to the public sewer. The connection and
testing shall be made under the supervision of the Director of Water
and Sewer Operations or his representative.
All excavations for building sewer installations shall be adequately
guarded with barricades and lights so as to protect the public from
hazard. Streets, sidewalks, parkways and other public property disturbed
in the course of the work shall be restored in a manner satisfactory
to the Town.
A.
No person shall discharge or cause to be discharged any unpolluted
waters such as stormwater, groundwater, roof runoff, subsurface drainage
or cooling water to any sewer except by permission of the Director
of Water and Sewer Operations.
B.
Stormwater other than that exempted under Subsection A and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers or to a natural outlet approved by the Director of Water and Sewer Operations and other regulatory agencies. Unpolluted industrial cooling water or process waters may be discharged, on approval of the Director of Water and Sewer Operations, to a storm sewer, combined sewer or natural outlet. Such discharges require a State Pollutant Discharge Elimination System discharge permit and are subject to all applicable state and federal regulations.
No person shall discharge or cause to be discharged any of the
following described waters or wastes to any public sewers:
A.
Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive
liquid, solid or gas. No discharge shall be made into any public sewer
which will cause the influent of the treatment plant to be greater
than 104° F. (40° C.).
B.
Any waters containing toxic or poisonous solids, liquids or gases
in sufficient quantity, either singly or by interaction with other
wastes, to injure or interfere with any waste treatment process, constitute
a hazard to humans or animals, create a public nuisance or create
any hazard in the receiving waters of the wastewater treatment plant.
C.
Any waters or wastes having a pH lower than 5.5 or having any other
corrosive property capable of causing damage or hazard to structures,
equipment and personnel of the wastewater works.
D.
Solid or viscous substances in quantities or of such size capable
of causing obstruction to the flow in sewers or other interference
with the proper operation of the wastewater facilities, such as but
not limited to ashes, bones, cinders, sand, mud, straw, shavings,
metal, glass, rags, feathers, tar, plastics, wood, unground garbage,
whole blood, paunch manure, hair and fleshings, entrails, and paper
dishes, cups, milk containers, etc., either whole or ground by garbage
grinders.
The following described substances, materials, waters or waste
shall be limited in discharges to municipal systems to concentration
or quantities which will not harm either the sewers, wastewater treatment
process or equipment, will not have an adverse effect on the receiving
stream or will not otherwise endanger lives, limb, public property
or constitute a nuisance. The Director of Water and Sewer Operations
may set limitations lower than the limitations established in the
regulations below if in his opinion such more severe limitations are
necessary to meet the above objectives. In forming his opinion as
to the acceptability, the Director of Water and Sewer Operations will
give consideration to such factors as the quantity of subject waste
in relation to flows and velocities in the sewers, materials of construction
of the sewers, the wastewater treatment process employed, capacity
of the wastewater treatment plant, degree of treatability of the waste
in the wastewater treatment plant and other pertinent factors. The
limitations or restrictions on materials or characteristics of waste
or wastewaters discharged to the sanitary sewer, which shall not be
violated without approval of the Director of Water and Sewer Operations,
are as follows:
A.
Wastewater having a temperature higher than 150° F. (65°
C.).
B.
Wastewater containing more than 25 milligrams per liter of petroleum
oil, nonbiodegradable cutting oils or product of mineral oil origin.
C.
Wastewater from industrial plants containing floatable oils, fat
or grease.
D.
Any garbage that has not been properly shredded. (See § 250-52.) Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments or similar places where garbage originates from the preparation of food in kitchens for the purpose of consumption on the premises or when served by caterers.
E.
Any waters or wastes containing iron, chromium, copper, zinc and
similar objectionable or toxic substances to such degree that any
such material received in the composite wastewater at the wastewater
treatment works exceeds the limits established by the Director of
Water and Sewer Operations for such materials.
F.
Any waters or wastes containing odor-producing substances exceeding
limits which may be established by the Director of Water and Sewer
Operations.
G.
Any radioactive wastes or isotopes of such half-life or concentration
as may exceed limits established by the Director of Water and Sewer
Operations in compliance with applicable state or federal regulations.
H.
Quantities of flow, concentrations, or both, which constitute a slug
as defined herein.
I.
Waters or wastes containing substances which are not amenable to
treatment or reduction by the wastewater treatment processes employed,
or are amenable to treatment only to such degree that the wastewater
treatment plant effluent cannot meet the requirements of other agencies
having jurisdiction over discharge to the receiving waters.
J.
Any water or wastes which, by interaction with other water or wastes
in the public sewer system, release obnoxious gases, form suspended
solids which interfere with the collection system or create a condition
deleterious to structures and treatment processes.
A.
If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in § 250-71 of this article, and which, in the judgment of the Director of Water and Sewer Operations, may have a deleterious effect upon the wastewater facilities, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Director of Water and Sewer Operations may:
(1)
Reject the wastes.
(2)
Require pretreatment to an acceptable condition for discharge to
the public sewers.
(3)
Require payment to cover added cost of handling and treating the wastes not covered by existing taxes or sewer changes under the provisions of § 250-93 of this part.
(4)
Require control over the quantities and rates of discharge.
B.
When considering the above alternatives, the Director of Water and
Sewer Operations shall give consideration to the economic impact of
each alternative on the discharger. If the Director of Water and Sewer
Operations permits the pretreatment or equalization of waste flows,
the design and installation of the plants and equipment shall be subject
to the review and approval of the Director of Water and Sewer Operations.
Grease, oil and sand interceptors shall be provided when, in the opinion of the Director of Water and Sewer Operations, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts, as specified in § 250-71C, or any flammable wastes, sand or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Director of Water and Sewer Operations and shall be located as to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors, the owner shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates and means of disposal, which are subject to review by the Director of Water and Sewer Operations. Any removal and hauling of the collected materials not performed by owner personnel must be performed by currently licensed waste disposal firms.
Where pretreatment or flow-equalizing facilities are provided
or required for any waters or wastes, they shall be maintained continuously
in satisfactory and effective operation by the owner at his expense.
When required by the Director of Water and Sewer Operations,
the owner of any property serviced by a building sewer carrying industrial
wastes shall install a suitable structure together with such necessary
meters and other appurtenances in the building sewer to facilitate
observation, sampling and measurement of the wastes. Such structure,
when required, shall be accessibly and safely located and shall be
constructed in accordance with plans approved by the Director of Water
and Sewer Operations. The structure shall be installed by the owner
at his expense and shall be maintained by him so as to be safe and
accessible at all times.
The Director of Water and Sewer Operations may require a user
of sewer services to provide information needed to determine compliance
with this article. These requirements may include:
A.
Wastewater discharge peak rate and volume over a specified time period.
B.
Chemical analyses of wastewaters.
C.
Information on raw materials, processes and products affecting wastewater
volume and quality.
D.
Quantity and disposition of specific liquid, sludge, oil, solvent
or other materials important to sewer use control.
E.
A plot plan of sewers of the user's property showing sewer and pretreatment
facility location.
F.
Details of wastewater pretreatment facilities.
G.
Details of systems to prevent and control the losses of materials
through spills to the municipal sewer.
All measurements, tests and analyses of the characteristics
of waters and wastes to which reference is made in this article shall
be determined in accordance with the latest edition of "Standard Methods
for the Examination of Water and Wastewater," published by the American
Public Health Association. Sampling methods, location, times, durations
and frequencies are to be determined on an individual basis, subject
to approval by the Director of Water and Sewer Operations.
No statement contained in this article shall be construed as
preventing any special agreement or arrangement between the Town and
any industrial concern whereby an industrial waste of unusual strength
or character may be accepted by the Town for treatment.
Waste deemed by the Director of Water and Sewer Operations to
be harmful or corrosive shall be discharged in a manner acceptable
to the Director of Water and Sewer Operations and to all state, county
and federal agencies having jurisdiction of such an activity.
Significant industrial users, as described in § 250-52 herein, are prohibited from connection to the sewer system.
No person shall maliciously, willfully or negligently break,
damage, destroy, uncover, deface or tamper with any structure, appurtenance
or equipment which is a part of the wastewater facilities. Any person
violating this provision shall be subject to immediate arrest under
charge of disorderly conduct.
The user shall notify the Town immediately upon accidentally
discharging wastes in violation of the article. This notification
shall be followed shortly after the date of occurrence (e.g., within
15 days) by a detailed written statement describing the causes of
the accidental discharge and the measures taken to prevent future
occurrences. Such notification will not relieve users of liability
for any expense, loss or damage to the sewer system, treatment plant
or treatment process or for any fines imposed on the municipality
under applicable state and federal regulations.
Users are required to submit detailed plans showing their facilities
and operating procedures so as to locate any indirect connections
or entry points to the sewer system.
The Director of Water and Sewer Operations and other duly authorized
employees of the Town bearing proper credentials and identification
and representatives or duly authorized employees of Westchester County
Health Department, New York State Department of Environmental Conservation
and the United States Environmental Protection Agency shall be permitted
to enter all properties for the purposes of inspection, observation,
measurement, sampling and testing pertinent of discharge to the community
system in accordance with the provisions of this article.
The Director of Water and Sewer Operations or other duly authorized person described in § 250-84 is authorized to obtain information concerning industrial processes which have a direct bearing on the kind and source of discharge to the wastewater collection system. The industry must establish that the revelation to the public of the information in question might result in an advantage to competitors.
While performing the necessary work on private properties referred to in § 250-84 above, the Director of Water and Sewer Operations or duly authorized personnel as set forth in § 250-84 above shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the Town employees, and the Town shall indemnify the company against loss or damage to its property by Town employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in § 250-75.
The Director of Water and Sewer Operations and other persons as described in § 250-84, bearing proper credentials and identification, shall be permitted to enter all private properties through which the Town holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the wastewater facilities lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
A.
Any person found to be violating any provision of this article, except §§ 250-81 through 250-83, shall be served by the Town with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
B.
Any person who shall continue any violation beyond the time limit provided for in Subsection A shall be guilty of a misdemeanor and, on conviction thereof, shall be fined in the amount not exceeding $1,000 for each violation per day per violation or be imprisoned for a term not exceeding 15 days, or both such fine and imprisonment. Each day in which any such violation shall continue shall be deemed a separate offense.
[Amended 4-29-2020 by L.L. No. 3-2020]
C.
Any person violating any of the provisions of this article shall
become liable to the Town for any expense, loss or damage occasioned
the Town by reason of such violation.
This article may be amended by the Town Board of the Town of
North Castle acting as sewer district commissioners in the manner
prescribed by law, which changes, before becoming effective, shall
be reviewed by the New York State Department of Environmental Conservation
and the Westchester County Department of Health.
This article shall be known as and may be cited as the "Sewer
Use Ordinance."
