A.
The definitions given herein deal only with certain terms used in
this chapter, in the sense that they are used herein. These definitions
are not of a general nature and are not generally applicable beyond
the sense used in this chapter.
B.
BREWERY
CATEGORICAL PRETREATMENT STANDARD
CESSPOOL
DISTRICT
DRAIN
FOOD SERVICE ESTABLISHMENT
GREASE INTERCEPTOR
GREASE TRAP
INDUSTRIAL WASTES
OUT OF DISTRICT
POTABLE WATER
POTW
ROOF DRAIN
SANITARY OR DOMESTIC SEWAGE
SANITARY SEWER
SEPTIC TANK
SERVICE LATERAL
SEWAGE
SEWER
SEWERAGE SYSTEM
SLUG
STORMWATER
SURFACE WATER
As used in this chapter, the following terms shall have the meanings
indicated:
Any place used for the brewing of beer or other malt liquors
for the purposes of retail. For the purposes of this chapter, "brewery"
shall also include distilleries, wineries, cideries, meaderies, and
any place used for producing alcoholic beverages. Home brew kits or
similar operations used for small-scale, nonretail purposes shall
not be considered a brewery.
Any regulation containing pollutant discharge limits promulgated
by the Environmental Protection Agency in accordance with Section
307(b) and (c) of the Act (33 U.S.C. § 1317) which applies
to a specific category of industry.
A pit for the reception or detention of sewage.
The district or sewer district shall be the boundaries of
the Village of Buchanan. All properties within the boundaries of the
Village shall be considered in-district users.
A pipe or other conduit used for conveying groundwater, surface
water or stormwater.
An establishment that prepares and/or sells food for consumption
either on or off the premises, including, but not limited to, restaurants,
sandwich shops, delicatessens, bakeries, or pizzerias. The term, as
used in this chapter, does not refer to food stores or establishments
that do not prepare food on premises or process food in a manner so
as to contribute grease to the sewer system.
A device designed and installed to separate and retain deleterious,
hazardous, or undesirable matter from normal wastes and to permit
normal sewage or liquid wastes to discharge into the disposal terminal
by gravity.
A device designed to retain grease from one to a maximum
of four fixtures.
The liquid wastes resulting from the processes employed in
industrial establishments.
Any property or collection of properties forming a separate
district connecting to the sewerage system that is located outside
of the boundaries of the Village of Buchanan.
Water which is safe for drinking or other sanitary purposes
and is also suitable for domestic use.
Publicly Owned Treatment Works. The Village of Buchanan Sewage
Treatment Plant (STP), also referred to as the Village of Buchanan
Wastewater Treatment Plant (WWTP).
A conduit for conveying the stormwater or rainwater from
a roof.
Liquid and water-carried wastes emanating from toilets, sinks
and bathing facilities in residences and commercial buildings, together
with minor quantities of groundwater, stormwater and surface water
not admitted intentionally.
A sewer intended to receive sanitary sewage with or without
the admixture of surface or stormwater.
A tank through which sewage flows and which permits solids
in the sewage to settle in order that portions of such solids may
be disintegrated by biological action.
The conduit or pipe from the sewer line to the building served.
The liquid wastes conducted away from residences, business
buildings or institutions, together with those from industrial establishments,
and with such groundwater, surface water and stormwater as may be
present. Also referred to as "wastewater."
A conduit for carrying off sewage.
The network of sewers, together with sewage lift stations
and all appurtenances necessary for the collection of sewage. Also
referred to as the "wastewater system."
Any discharge of water or wastewater which, in concentration
of any given constituent or in quantity of flow, for any period of
duration longer than 15 minutes, exceeds five times the average twenty-four-hour
concentration or flow occurring during normal operation and adversely
affects the collection system and/or performance of the POTW.
That portion of the rainfall or other precipitation which
runs off over the surface during a storm and for such a short period
following a storm as the flow exceeds the normal or ordinary runoff.
That portion of a rainfall or other precipitation which runs
off over the surface of the ground, and water which emanates from
the ground in the form of springs.
A.
This chapter sets forth uniform requirements for direct and indirect
contributors into the wastewater collection and treatment system for
the Village of Buchanan and enables the Village to comply with all
applicable state and federal laws required by the Clean Water Act
of 1977[1] and the general pretreatment regulations (40 CFR Part
403).
[1]
Editor's Note: See 33 U.S.C. § 1251 et seq.
B.
The objectives of this chapter are to:
(1)
Prevent the introduction of pollutants into the municipality wastewater
system which will interfere with the operation of the system or contaminate
the resulting sludge.
(2)
Prevent the introduction of pollutants into the municipal wastewater
system which will pass throughout the system, inadequately treated,
into receiving waters or the atmosphere or otherwise be incompatible
with the system.
After this chapter has been passed and approved, the Board of
Trustees shall appoint a Sewer Inspector, who shall be the Village
Engineer, Superintendent of Public Works, Sewage Treatment Plant Operator,
Code Enforcement Officer, Building Inspector, or other authorized
representative (hereinafter referred to as the "Sewer Inspector"),
who shall make such inspections as are necessary to properly carry
out the provisions of this chapter and shall report all violations
thereof to the Village Clerk.
No connection shall hereafter be made to any sewer or portion of the sewerage system until a written permit has been obtained from the Village Clerk and approved by the Village Engineer or Sewer Inspector. (See § 155-30.)
No person other than a plumber or sewer contractor licensed
by the County of Westchester, who shall have filed with the Village
Clerk the bond or bonds hereinafter required, shall construct, install
or repair any house lateral connection or house sewer connection.
A special permit may be issued to a house owner to make his own connection
if deemed in the best interest of the Village to issue said permit.
No such duly licensed plumber or sewer contractor shall perform
any of such work unless:
A.
There shall be on file with the Village Clerk, and then in force,
a bond (approved as to form by the Village Attorney) in an amount
as set from time to time by resolution of the Board of Trustees, duly
executed by himself, as principal, and an approved surety company
as surety, conditioned that the Village shall be indemnified and saved
harmless from all liability for damages to persons or property caused
by such work and further conditioned that the Village will be paid
for all loss or damage sustained by it for his failure to perform
such work in accordance with this chapter or any other ordinance of
the Village applicable thereto.
B.
He shall have complied with all the requirements under any other
ordinance regulating street openings.
C.
He shall furnish evidence of compliance with the provisions of the
Workers' Compensation Law.
A.
The Village Clerk of the Village of Buchanan is hereby instructed
and it shall be his/her duty to issue permits for connections to the
sewerage system. Such permit shall be issued in numerical order and
shall be issued independently of any other permits issued by the Village
Clerk.
B.
Before issuing such a permit, an application shall be filed with
the Village Engineer or Sewer Inspector on a blank provided for that
purpose. This application shall show the name and address of the owner,
the name of the person to whom the permit is issued, the number of
the permit, the location of property, the type of building to be served
(whether residence or business), the number of rooms and size of sewer
to be connected. The application shall be signed by the owner or his
authorized representative and shall be accompanied by a complete and
legible set of plans and specifications of the work to be done or,
in lieu thereof, such written description of the type of materials
and methods to be used in the construction as shall be acceptable
to the Sewer Inspector. The application shall be retained by the Village
Clerk as a permanent record of each connection to the sewerage system.
A.
It shall be the duty of the Sewer Inspector to inspect each service
lateral before any connection is made to the sewerage system and to
require that all defects or unsatisfactory construction features be
corrected before permitting the connection to be made. The Sewer Inspector
shall be present at the time the connection is made, and it shall
be the responsibility of the owner or his representative to notify
him in advance of the time and place where the connection will be
made. The Sewer Inspector will be available for such inspection on
an appointment basis.
B.
Failure to notify the Sewer Inspector shall be grounds for a notice of violation in accordance with § 155-37. The uninspected, backfilled connection shall be excavated and exposed by the Village for inspection by the Sewer Inspector. All costs thereof shall be provided for and defrayed by a special tax bill to be assessed in favor of the Village against the property on which said improvements are made, and such special tax bill shall become a lien on said property.
C.
Persons or occupants of premises where wastewater is created or discharged
shall allow Village, Environmental Protection Agency, and Department
of Environmental Conservation representatives ready access at all
reasonable times to all parts of the premises for the purposes of
inspection, sampling, records examination and copying or in the performance
of any of their duties.
D.
Any annual or regular inspections and reporting required by this
chapter shall be performed in accordance with the requirements herein
and submitted to the Sewer Inspector and Building Department.
A.
It shall be unlawful to place any pipe or conduit which carries or
is intended to carry sewage in the same trench or ditch with a pipe
or conduit which carries or is intended to carry a potable water supply.
In every case where a waterline and sewer line are parallel, the waterline
shall be not less than 10 feet horizontally from and at a higher elevation
than the sewer line, except in case between water and sewer service
connects where the distance shall not be less than five feet.
B.
Where it is not possible to meet the above conditions or where for
any reason unusual circumstances present a potential or actual hazard
to a potable water supply, the Westchester County Department of Health
must be notified in writing and plans submitted showing the precautions
which are to be taken to minimize the hazard to the potable water
supply. In no case shall the work proceed until the plans for protecting
the water supply have been approved in writing by said Health Department.
It shall be unlawful to make or cause to be made a connection
of any roof drain, areaway drain, yard or court drain, underdrains,
footing or foundation drains, sump pumps, or any drain whatsoever
which will permit, allow or cause any stormwater or surface water
to enter the sanitary sewerage system.
It shall be unlawful to connect or to cause to be connected
to the sanitary sewerage system the effluent of any septic tank, cesspool
or sewage tank. Where such tanks exist and it is desired to make a
connection to the sanitary sewerage system, an approved line shall
be constructed around the unit in such a manner as to preclude the
possibility of any sewage flowing into or out of the cesspool or tank,
and said septic tank, cesspool or sewage tank shall be pumped dry
by a licensed septic contractor and abandoned in accordance with applicable
County and State Department of Health requirements.
Where any unlawful connection as defined in §§ 155-10 and 155-11 of this chapter is known to exist, such connection shall be broken within 20 days after the issuance of the permit, or where such connections are found to exist, such unlawful connections shall be broken and their use discontinued within 20 days after date of notification to break such connections as provided in § 155-13 of this chapter.
The Sewer Inspector shall make an inspection of the method of
disposing of roof and other stormwater drainage from each house which
is connected to the sanitary sewers of the Village within 120 days
after the passage and approval of this chapter and as frequently thereafter
as is necessary to secure compliance with this chapter. Following
each inspection, the Sewer Inspector shall submit a list of all property
owners whose property or properties have connections in violation
of this chapter to the Village Clerk. Written notification of any
violations of this chapter shall then be given by said Village Clerk
to the owner or owners of the property upon which the violation occurs.
If the provisions of this chapter have not been complied with within
the period of 20 days following date of notice of violation, the Village
shall have the right to make or have made such alterations as are
deemed necessary by the Sewer Inspector to meet the requirements of
this chapter, and all costs thereof shall be provided for and defrayed
by a special tax bill to be assessed in favor of the Village against
the property on which said improvements are made, and such special
tax bill shall become a lien on said property.
It shall be unlawful for any person, firm, partnership or corporation
to discharge or cause to be discharged into any public sanitary sewer
or into any private sewer which is connected to the public sanitary
sewerage system any butcher's offal, dead animals or liquids
containing excessive quantities of chemicals, silt, hair, fibers,
fats, oils, grease, blood, feathers or other obstructing materials.
B.
It shall be unlawful for any person, firm, partnership or corporation
to discharge or cause to be discharged into any public sanitary sewer
or into any private sewer which is connected to the public sanitary
sewerage system any powdered milk, whey, skimmed milk, whole milk,
cream or other milk products, or wastewater from a brewery, or any
industrial wastes of any type which might, in the opinion of the Sewer
Inspector or Chief Operator of the POTW, damage or otherwise cause
operational difficulties in the sanitary system or interference in
any manner whatsoever with the normal operation of any sewage treatment
works or sewage treatment devices.
C.
All wastewaters from the production processes and operations of a
brewery, as defined by this chapter, shall be required to be pretreated
in accordance with a Pretreatment Program and Discharge Management
Plan.
(1)
Prior to approval of operation, the owner of a brewery must develop
a pretreatment program and discharge management plan ("plan"). The
plan shall detail how the brewery will operate and treat wastewater
prior discharging into the sewerage system. The plan shall be reviewed
and accepted by the Sewer Inspector.
(2)
The plan must outline production operations and the best management
practices for solids management, pH control, prevention of high-strength
slug loads, biological oxygen demand, temperature, spill prevention,
passivation, cleaning operations, timing of discharges, and other
parameters requested by the Sewer Inspector.
(4)
The owner of a brewery must provide seventy-two-hour notice to Chief
Operator of the POTW prior to commencing passivation or the discharge
of high-strength slug loads. Passivation must be followed by a neutralization
process.
(5)
The brewery may be required to temporarily hold back wastewater in
a holding to allow wastewater to discharge into the sewerage system
in a controlled manner.
It shall be permissible to discharge normal quantities of industrial wastes from washing operations and from other normal industrial plant operations into the sanitary sewerage system, provided that the discharge meets the requirements of § 155-31 and that necessary precautions are taken to exclude those materials described in §§ 155-14, 155-15, 155-17 and 155-18 of this chapter, and further provided that the wastes are of such a nature that, in the opinion of the Chief Operator of the POTW and/or Sewer Inspector, they will not damage, clog or otherwise interfere with the normal operation of the sewerage system nor with the operation of any sewage treatment plant or sewage treating devices.
A.
It shall be unlawful for any person, firm, partnership or corporation
to discharge or cause to be discharged into any public sanitary sewer
or into any private sewer which is connected to the public sanitary
sewerage system any oil, gasoline, petroleum, coal oil, grease, explosive,
inflammable matters or oil wastes. Cleaning establishments, buildings
used for housing or repairing automobiles, gasoline and oil service
stations and other buildings or establishments where gasoline, oils,
calcium carbide or other explosive or inflammable matters are stored,
sold or handled, the drains from which are connected to the public
sewers, must be provided with an approved trap, such as an oil-water
separator, so constructed, located and maintained as to prevent the
entrance into the sewer of such explosive or inflammable matter. Such
trap shall be located on the sewer, before its junction with any other
pipe or receptacle containing sewage, and must be regularly maintained
and cleared of accumulated oils and debris. The oils shall be removed
from the trap, collected in a container, and disposed of in accordance
with applicable laws. The passage of human or fresh animal excrement
through such trap is prohibited.
It shall be unlawful for any person to discharge or to cause
to be discharged into any public sanitary sewer or into any private
sewer which is connected to the public sanitary sewerage system any
wastes or waters which have been used for industrial or private cooling
or air-conditioning purposes. Such wastes shall be kept separate from
sanitary or other industrial wastes and shall be discharged into the
nearest storm sewer or open watercourse. Such discharges shall require
a State Pollutant Discharge Elimination System permit from the New
York State Department of Environmental Conservation.
In the event that satisfactory compliance of the various sections
of this chapter cannot be obtained within a period of 60 days following
receipt of notification of such violation by the offender, the Board
of Trustees may order the offending person, firm, partnership or corporation
to disconnect from the municipal sewerage system or may order the
connection broken by municipal employees; provided, however, that
the offending party must be notified in writing at least 60 days in
advance of the date the connection must be broken.
The discharge of industrial wastes to the Village system shall
be subject to the hereinafter specified rules and regulations, including
the requirement for a permit for such discharge.
A.
For purposes of this chapter, all industries shall be classified
as industrial users or significant industrial users.
B.
Industry shall mean an establishment concerned with the processing
of raw materials, the manufacture of goods, or the generation of power
in factories, mills, mines, plants, shops, or similar facilities.
An "industrial user" is an industry that does not contribute
wastes designated under the criteria for a significant industrial
user.
A "significant industrial user" is one that meets any of the
following criteria:
A.
An industry that is subject to categorical pretreatment standards.
B.
An industry using any substances set forth in the EPA Effluent Guidelines
Division list of Priority Pollutants of concern and discharging a
measurable amount of pollutants to the sewer system from the process
using these pollutants.
C.
An industry that has substantial impact, either singly or in combination
with other contributing industries, on the operation of the Village
treatment works.
D.
An industry discharging more than 5% of the daily average flow of
POTW or 10,000 gallons per day of process wastes.
E.
An industry discharging effluents having a biochemical oxygen demand
of 250 milligrams per liter or more and/or effluents having a suspended
solids content of 250 milligrams per liter or more.
A.
Each industry classified as an industrial user shall submit an industrial
data sheet annually, not later than the first day of February, covering
new processes or changes in existing processes.
B.
Each industry classified as a significant industrial user shall submit
an industrial data sheet at intervals of six months on the first days
of March and September, as well as on changes in processing, or other
causes for differences in the character of the discharge. These data
sheets shall be accompanied by a report on action taken to comply
with Section 307 of the United States Clean Water Act,[1] and the New-York-State-mandated pretreatment requirements.
[1]
Editor's Note: See 33 U.S.C. § 1317.
C.
All slug discharges (as defined in § 155-1) by significant industrial and other industrial users shall be reported within 24 hours to the POTW.
D.
All inspections, sampling, and reporting required by this chapter
shall be submitted to the Sewer Inspector and Building Department
not later than first day of February.
A.
Each industry classified as a significant industrial user shall install
an individual sewer connection to the Village sewer main for each
of its building(s). Each connection shall connect to a sewer manhole
located between the exterior of a building wall and the Village sewer
main. This manhole shall conform to Village standards. Village personnel,
representatives of the Environmental Protection Agency and Department
of Environmental Protection are to have unrestricted access to these
manhole(s) for effluent sampling at all times.
B.
Village personnel will take samples at intervals of six months, or
less if Village POTW personnel suspect illegal dumping activity. The
Village will arrange for and pay the costs for testing, provided that
the industry effluent meets applicable standards.
C.
If the sample fails to comply with the applicable standards, the
user shall be required to redress the quality of the effluent immediately
at their own expense and shall, at their own expense, retest the effluent
daily until the effluent is within applicable standards.
D.
The Village may issue a violation and fine for the discharging of
illegal or noncompliant effluent into the sewerage system in accordance
with the provisions of the chapter.
E.
Any annual or regular sampling and reporting required by this chapter
shall be performed in accordance with the requirements herein and
submitted to the Sewer Inspector and Building Department.
F.
Failure of the industry to comply with the requirements for furnishing
the sampling manhole within a period of 30 days after official notification
will constitute a violation of this chapter subject to the penalties
set forth hereinafter.
Any person, persons, firm, association or corporation or agent
thereof who shall neglect, fail or refuse to comply with any of the
provisions of this chapter shall be deemed guilty of disorderly conduct
and, upon conviction, shall be fined in the sum established by the
Board of Trustees and set forth in the Fee Schedule maintained by
the Village Clerk. Each day that such offense continues shall be deemed
a separate offense.
Upon the promulgation of the Federal Categorical Pretreatment
Standards for a particular industrial subcategory, the federal standard,
if more stringent than limitations imposed under this chapter for
sources in that subcategory, shall immediately supersede the limitations
imposed under this chapter.
The Board of Trustees shall have the power to license any person
upon proof by such person that he is competent and properly equipped
to construct house lateral connections and house sewer connections.
Any applicant for such a license shall submit his proof of such qualifications
under oath. The license fees shall be the same as those prescribed
for a plumber under the Plumbing Code of the Village of Buchanan.[1]
The construction of each and every building sewer connection
shall conform to the following:
A.
The pipe materials and jointing materials shall be one of the following:
B.
The minimum size pipe allowable for building connections shall be
four-inch inside diameter, but not less than six-inch inside diameter
for large residential or commercial establishments.
C.
Building connection sewers shall be laid on a slope of not less than
2% or 1/4 inch per foot where possible but not less than 1% or 1/8
inch per foot in any case. Connection to the sanitary sewer main shall
be made by a Y laid with the branch flowing in the same direction
of the main.[1]
[1]
Editor's Note: Original § 37-31 of the 1971
Code, entitled "Application prior to installation," which immediately
followed this section, was repealed 11-18-1985 by L.L. No. 5-1985.
D.
A sanitary lateral clean-out shall be provided on the exterior of
the building. The clean-out shall be a Y laid flowing in the same
direction as the lateral. A cover shall be provided and set flush
with the surrounding grade. It shall be the owner's responsibility
to protect and maintain the cover.
Applications for permit to connect sanitary sewers shall be
made as follows:
A.
Apply to Village Engineer on forms available at the office of the
Village Clerk.
B.
All building connection lines will be installed by the Village at
the applicant's sole expense unless otherwise granted by the
Sewer Inspector. Where sewer lines lie in a street, connection lines
will be installed to the theoretical curblines, provided that all
other requirements have been fulfilled (the "curbline" being defined
as the two lines parallel to and 8 1/2 feet inside the nearest
street right-of-way line), and further provided that:
(1)
An application for connection has been correctly completed and filed at the office of the Village Engineer prior to the date(s) noted in Subsection D of this section.
(2)
The parcel or lot to be connected has a building constructed thereon, in the process of construction, or a building permit has been issued for construction prior to the date mentioned in Subsection B(1).
(3)
All other applicable rules and regulations have been strictly adhered
to.
(4)
The cost of the work performed shall be calculated by the Village
Engineer, and a final bill shall be issued by the Village and shall
become immediately due and payable. No certificate of occupancy shall
be issued until all moneys owed the Village pursuant to this section
are paid in full.
C.
After the date(s) mentioned in Subsection D of this section, a permit will be issued, provided that:
(1)
The parcel or lot to be connected has a building constructed thereon
in the process of construction, or a building permit has been issued
for construction prior to the date of application.
(2)
A fee in an amount as set from time to time by resolution of the
Board of Trustees has been paid as part of said application period.
(4)
The entire costs are to be borne by the property owner, including
all work up to the sewer main.
D.
The Village of Buchanan shall construct, for each authorized application,
one building connection line from the sanitary sewer main to the theoretical
curbline, provided that an application for a building sewer connection
has been properly filed not later than 15 days after the contract
for that construction of the sewer main has been executed by the Village.
(NOTE: It is advisable to file said application immediately after
bids for construction have been received.)
Any waste will be considered deleterious that may cause damaging
effects as stated in Subsection A and/or does not conform to the limitations
stated in Subsection B.
A.
General conditions.
(1)
Chemical reaction, either directly or indirectly, with the materials
of construction to impair the strength or durability of sewer structures.
(2)
Mechanical action that will destroy or damage the sewer structures.
(3)
Restriction of the hydraulic capacity of sewer structures.
(4)
Restriction of the normal inspection or maintenance of the sewer
structures.
(5)
Placing of unusual demands on the sewage treatment equipment or process.
(6)
Limitation of the effectiveness of the sewage treatment process.
(7)
Danger to public health and safety.
(8)
Obnoxious conditions inimical to the public interest.
B.
Specific conditions.
(1)
Acidity or alkalinity must be neutralized to a pH of 7.0 point as
a daily average on a volumetric basis, with a maximum temporary variation
of pH 5.0 point to 8.5 point.
(2)
Must not contain more than 10 parts per million (total) of the following
gases: hydrogen sulfide, sulfur dioxide, oxides of nitrogen or any
of the halogens.
(3)
Must not contain any explosive substance.
(4)
Must not contain any flammable substances with a flash point lower
than 187° F.
(5)
Must have a temperature within the range of 32° F. to 120°
F.
(6)
Must not contain grease or oil or other substance that will solidify
or become viscous at temperatures between 32° F. and 150°
F.
(7)
Must not contain insoluble substance in excess of 2,000 parts per
million or exceeding a daily average of 200 parts per million.
(8)
Must not contain total solids (soluble and insoluble substance) in
excess of 5,000 parts per million or exceeding a daily average of
600 parts per million.
(9)
Must not contain soluble substance in concentrations that would increase
the viscosity to greater than 1.1 specific viscosity.
(10)
Must not contain insoluble substance having a specific gravity
greater than 2.65.
(11)
Must not contain insoluble substance that will fail to pass
a No. 8 Standard Sieve or having any dimension greater than 1/2 inch.
(12)
Must not contain gases or vapors, either free or occluded, in
concentrations toxic or dangerous to humans or animals.
(13)
Must not have a chlorine demand greater than 15 parts per million.
(14)
Must not contain more than 100 parts per million of any antiseptic
substance.
(15)
Must not contain phenols in excess of 0.005 part per million.
(16)
Must not contain any toxic or irritating substance which will
create conditions hazardous to public health and safety.
(17)
Must not contain in excess of 100 parts per million or exceed
a daily average of 25 parts per million of any grease or oil or any
oily substance.
All of the preceding standards and regulations are to apply
at the point where industrial or commercial-type wastes are discharged
into a public sewer, and all chemical and/or mechanical corrective
treatment must be accomplished to practical completion before this
point is reached.
A.
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 Village of Buchanan, or in any area under the jurisdiction
of said Village, any human or animal excrement, garbage or other objectionable
waste.
B.
It shall be unlawful to discharge to any natural outlet within the
Village of Buchanan, or in any area under the jurisdiction of said
Village, any sewage or other polluted waters, except where suitable
treatment has been provided in accordance with subsequent provisions
of this chapter and in accordance with applicable State and County
laws.
C.
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 sewage.
D.
The owners of all houses, buildings or properties used for human
occupancy, employment, recreation or other purposes situated within
the Village 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 Village is hereby required at his 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 chapter, within 90 days after date of official
notice to do so, provided that said public sewer is within 100 feet
of the property line.
A.
Where a public sanitary or combined sewer is not available, the building
sewer shall be connected to a private sewage disposal system complying
with the provisions of this chapter and applicable State and County
laws.
B.
Before commencement of construction of a private sewage disposal
system, the owner shall first obtain a written permit signed by the
Westchester County Department of Health. The application for such
permit shall be made on a form furnished by the Village which the
applicant shall supplement by any plans, specifications and other
information as are deemed necessary by the Westchester County Department
of Health.
C.
A permit for a private sewage disposal system shall not become effective
until the installation is completed to the satisfaction of the Westchester
County Department of Health. The County shall be allowed to inspect
the work at any stage of construction and, in any event, the applicant
for the permit shall notify the Westchester County Department of Health
when the work is ready for final inspection and before any underground
portions are covered.
D.
The type, capacities, location and layout of a private sewage disposal
system shall comply with all requirements of the Department of Health
of the County of Westchester. No septic tank or cesspool shall be
permitted to discharge to any natural outlet.
E.
At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in § 155-33D, a direct connection shall be made to the public sewer in compliance with this chapter, and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned and filled with suitable material in accordance with this chapter and applicable State and County laws.
F.
The owner shall operate and maintain the private sewage disposal
facilities in a sanitary manner at all times at no expense to the
Village.
G.
No statement contained in this section shall be construed to interfere
with any additional requirements that may be imposed by an agent of
the Department of Health of the County of Westchester.
H.
When a public sewer becomes available, the building sewer shall be
connected to said sewer within 60 days, and the private sewage disposal
system shall be cleaned of sludge and filled with clean bank-run gravel
or dirt.
I.
The penalty for neglect, failure or refusal to comply with any of the provisions of §§ 155-33 and 155-34 shall be the same as provided in § 155-37 of Article II of this chapter.[1]
[1]
Editor's Note: Original § 37-37 of the 1971
Code, entitled "Violations and penalties," which immediately followed
this section, was repealed 11-18-1985 by L.L. No. 5-1985.
A.
The purpose of this section is to set forth policies, procedures,
and requirements for food service establishments governing the installation,
maintenance, and use of grease traps, grease interceptors or other
comparable devices which represent the best practicable control technology
for oil/grease removal, and to establish procedures regarding implementation
and enforcement of the regulations set forth in this chapter.
B.
In the event of any conflict between the provisions of this section
and the Uniform Plumbing Code (UPC), the provisions of this section
shall prevail.
C.
Existing grease traps, grease interceptors or similar devices:
(1)
Any food service establishment or other business that, on or after
March 1, 2022, installed grease traps, grease interceptors, or other
grease pretreatment equipment to comply with the requirements of this
ordinance, shall not be required to upgrade such equipment until March
1, 2023, so long as such equipment remains in good working order.
Should the grease trap, grease interceptor or other grease pretreatment
equipment become nonoperational or fail to operate in good working
order, a grease trap or grease interceptor meeting the standards set
forth in this chapter shall be immediately installed.
(2)
Notwithstanding the foregoing subsection (C)(1) of this section,
any food service establishment or other business that, on or after,
March 1, 2022, installed grease traps, grease interceptors, or other
grease pretreatment equipment to comply with the requirements of this
ordinance, shall upgrade such equipment to meet the standards set
forth in this chapter upon the change of ownership of the business
in which the equipment is located, or upon the remodeling of the business
in which the equipment is located. Remodeling of the business not
requiring a building permit shall be exempted from the upgrade requirement.
The remodeling shall not be separated into phases for the purpose
of avoiding the requirement of a building permit.
D.
Requirement for grease trap, grease interceptor, or other devices:
(1)
A food service establishment or any other business discharging grease,
oil or other similar material shall have an operable grease trap,
grease interceptor or other comparable device(s) as determined by
Sewer Inspector or Building inspector to be an adequate substitute
for a grease trap or grease interceptor. A properly sized interceptor
or trap shall be considered first. Should space limitations or other
exceptional circumstances prevent their installation, Sewer Inspector
may grant exceptions to the requirement of grease traps or grease
interceptors in this section.
(2)
All drains from food preparation and cleanup areas including, but
not limited to, prewash sinks, floor drains, food waste disposal units,
pots and pans sinks, scullery sinks, and garbage can wash areas shall
be connected to such trap or interceptor.
(3)
The size of a grease trap or grease interceptor shall be as determined
by the Building Inspector or Sewer Inspector. Notwithstanding the
foregoing, grease traps required by this chapter shall be no smaller
than an eighty-gallon capacity trap with a seventy-five-gallon per
minute flow rate.
E.
General regulations and procedures:
(1)
When waste treatment is required pursuant to this chapter, an approved
grease trap or grease interceptor complying with the provision of
this chapter shall be installed in the waste line leading from sinks,
drains, and other fixtures or equipment.
(2)
A plumbing permit shall be obtained from the Village Clerk prior
to the installation of a grease trap or grease interceptor.
(3)
Each trap, interceptor, or comparable device required by this section
shall have an approved volume not less than required by this section.
(4)
Toilets, lavatories, and other sanitary fixtures shall not be connected
to any grease trap, grease interceptor, or comparable device.
(5)
Location of grease traps, and grease interceptors:
(a)
They shall be located outside buildings, unless a finding is
made by the Building Inspector that the location of the building on
the site or some other aspect of the use prevents an outside location
and that placement within a building is not hazardous to public health
and safety.
(b)
They shall be located and maintained at all times so as to prevent
the entrance of foreign materials, shall be easily accessible for
cleaning inspection and removal of intercepted grease, and shall pose
no hazard to public health or safety.
(c)
If they are not designed in accordance with UPC, they must be
designed by a professional engineer licensed in the State of New York,
must be consistent with the standards of this chapter, and must be
approved by the Sewer Inspector.
(7)
All discharging fixtures shall be individually trapped and vented
in accordance with the UPC.
(8)
They shall be constructed of durable materials and shall have a full-size
gas-tight cover which can easily be removed.
(9)
They shall not be installed until the type and/or model has been
subjected to, and has fully complied with, tests acceptable to the
Building Inspector. Where an existing grease trap or grease interceptor
is found acceptable by the Building Inspector, such equipment will
be allowed to remain in use. Whenever a grease trap or grease interceptor
does not comply with the provisions of this section, the Building
Inspector shall require corrective measures.
(10)
Prohibited and/or restricted equipment:
(a)
The installation and use of garbage grinders (disposals) in
commercial-food establishments is prohibited, except where a one-thousand-gallon-plus
interceptor is in use.
(b)
The connection of high-temperature/high-flow dishwashers to
a grease trap or grease interceptor is prohibited.
(c)
The use of enzymes or bacterial cultures designed to disperse
grease is prohibited unless specifically approved in writing by the
Sewer Inspector.
(11)
After the effective date of the ordinance codified in this section,
all establishments covered by this section shall install an approved
grease trap or grease interceptor of sufficient size to prevent discharges
into the sewer system.
(12)
Maintenance and reporting:
(a)
Traps and interceptors shall be maintained in efficient operating
condition by periodic removal of the accumulated grease. No collected
grease shall be introduced into any public or private drain or sewer.
(b)
All grease traps or grease interceptors shall be readily accessible
for inspection and properly maintained to assure that accumulations
of grease or oil do not impair its efficiency or transport grease
or oil into the sewer system.
(c)
All food service establishments or businesses required to install
and maintain a grease trap or grease interceptor shall maintain a
maintenance record for the device, which shall be transmitted to the
Building Inspector annually. This record shall include the date, the
name of the person who performed cleaning, and the disposal site of
the waste. The record shall be posted in a conspicuous location and
be available for review by the Building Inspector at each routine
inspection and at such other time as necessary for the Village to
determine whether a particular establishment may be performing maintenance
contrary to the provisions of this section.
(d)
The Village or its designee shall perform grease trap and grease
interceptor inspections annually, or more often at the discretion
of the Village should maintenance reports not be received or should
a grease trap or grease interceptor fail to operate properly.
(e)
In the event the Village determines that a food service establishment
or business required to install and maintain a grease trap either
fails to maintain the maintenance record required by this section,
or fails to maintain the grease trap as required by this section,
the Village may require the immediate installation of a grease interceptor.
(13)
The Village shall have the discretion to request the health
department (the Village's health officer) to terminate or cause
to be terminated the health permit of any user if a violation of any
provision of this chapter is found to cause a condition of contamination,
pollution, nuisance, or other threat to the sewerage system or the
public health or safety.
(14)
If an applicant for a permit or the owner of a grease trap or
grease interceptor disputes the interpretation or application of this
section, he/she may request a written ruling by the Building Inspector.
The decision of the Building Inspector shall be final for all purposes.
F.
Garbage grinders.
(1)
It shall be unlawful to connect, or cause to be connected, any type
or form of garbage grinder or other garbage disposal unit to any drain,
pipe or other device which, directly or indirectly, carries material
into the sewerage system.
(2)
It shall be unlawful to use or operate any garbage disposal unit
which is connected to any drain, pipe or other device which, directly
or indirectly, carries material into the sewerage system, unless the
garbage disposal unit was connected to the sewerage system prior to
the effective date of this section.
(3)
Any garbage disposal unit used or connected in violation of this
section shall be disconnected from the sewerage system.
A.
All out of district users shall be subject to all of the regulations,
ordinances, and standards of this chapter.
B.
Connection.
(2)
The application shall be reviewed by the Village Engineer or
Sewer Inspector considering additional flow, sewage content, and impacts
to the sewerage system. Then the Village Engineer or Sewer Inspector
shall make a positive or negative recommendation to the Board of Trustees
for the proposed out of district connection.
(3)
The Board of Trustees shall determine whether or not the proposed
out of district user connection is approved.
(4)
If approved, the connection permit for the out of district user
shall be filed with the Village Clerks and County Land Records Offices.
C.
