Town of Southold, NY Part 1 Sewer Use [1]

[Adopted 3-25-1986 by L.L. No. 2-1986]

[1] Editor's Note: Former Part 1, Scavenger Wastes, adopted 7-30-1985 by L.L. No. 12-1985, as amended, was repealed 1-4-2022 by L.L. No. 2-2022. This local law also redesignated former Parts 2 and 3 as Parts 1 and 2, respectively.

Article I Sewer Use

§ 215-1 Purpose.

In order to assure the propose disposal of sewage and wastewaters and the proper operation and maintenance of the public sewers, sewage treatment facility and other sewage works within the Fishers Island Sewer District (FISD) and to provide an adequate record of sewers, drains, appurtenances and connections thereto, the following regulations are enacted by the Town Board of the Town of Southold acting for and on behalf of the FISD under the authority of the General Statutes of the State of New York.

§ 215-2 Definitions; word usage.

A. Unless the context specifically indicates otherwise, the meaning of terms used herein shall be as follows:

ASTM

The American Society for Testing and Materials.

BOD (denoting "biochemical oxygen demand")

The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 200° C. expressed in milligrams per liter (mg/l) by weight. In computing BOD, reference shall be made to the latest edition of Standard Methods for the Examination of Water and Waste Water.

CHLORINE DEMAND

The amount of chlorine which must be added to water or waste to produce a residual chlorine content of at least 0.1 mg/l after a minimum contact time of 10 minutes.

COD (denoting chemical oxygen demand)

The quantity of oxygen utilized in the chemical oxidation of organic and inorganic matter under standard laboratory procedure expressed in milligrams per liter (mg/l) by weight. In computing COD, reference shall be made to the latest edition of Standard Methods for the Examination of Water and Waste Water.

DEC

The New York State Department of Environmental Conservation.

DISTRICT

Fishers Island Sewer District (FISD).

DRAIN LAYER or LICENSED DRAIN LAYER

Either an individual, partnership or corporation to whom the Town of Southold has issued a license and the proper agents and representatives to install, alter or repair sewers, sewer connections, house connections, etc., during the period when such license is valid.

NATURAL OUTLET

Any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.

NPDES

The National Pollutant Discharge Elimination System.

PERSON

Any individual, firm, company, association, society, corporation or group.

pH

The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

SEWAGE

Wastewater or water-carried wastes from residences, business buildings, institutions and industrial establishments. Sewage shall be further classified as follows:

(1) DOMESTIC OR SANITARY SEWAGE The solid and liquid wastes from toilet and lavatory fixtures, kitchens, laundries, bath tubs, shower baths or equivalent plumbing fixtures as discharged from dwellings, business and industrial buildings.

(2) INDUSTRIAL SEWAGE OR WASTES Includes the water carried wastes of any industrial process as distinct from domestic or sanitary sewage. All substances carried in industrial wastes, whether dissolved, in suspension, or mechanically carried by water, shall be considered as industrial wastes. At the present, no industrial wastes exist or are anticipated.

(3) STORMWATER Includes the runoff or discharge of rain and melted snow or other water from roofs, surfaces of public or private lands or elsewhere. "Stormwater" also shall include "subsoil drainage" as defined herein.

(4) SUBSOIL DRAINAGE Includes water from the soil percolating into subsoil drains and through foundation walls, basement floors or underground pipes.

(5) COOLING WATER Includes the wastewater from air conditioning, industrial cooling, condensing and hydraulically powered equipment or similar apparatus.

(6) GARBAGE Solid wastes from the preparation, cooking and dispensing of food, and from the handling, storage and sale of produce. "Properly shredded garbage" shall mean garbage which has been shredded so that no garbage particles will be greater than 1/2 inch in any dimension.

SEWAGE TREATMENT PLANT

Any arrangement of devices and structures used for treating sewage.

SEWAGE WORKS

All facilities for collecting, pumping, treating and disposing of sewage or wastewater.

SEWER or DRAIN

The pipe or conduit, together with manholes and other structures or equipment appurtenant thereto, provided to carry sewage, waste liquids, stormwater or other waters. Sewers shall be further classified as follows:

(1) PUBLIC SEWER A trunk, main or lateral sewer up to and including the Y-branch or tee provided for connection thereto, and to which all owners of abutting properties have equal rights, and which is controlled by public authority. The public sewer does not include the building or house sewer or the building lateral after it is connected with a building sewer.

(2) SANITARY SEWER A sewer which carries only sanitary sewage and an acceptable discharge of industrial wastes and to which stormwater, subsoil drainage and cooling water are not intentionally admitted.

(3) COMBINED SEWER A sewer receiving both stormwater and domestic sewage.

(4) STORM SEWER or STORM DRAIN A pipe line carrying stormwater, subsoil drainage, acceptable cooling water or other clean waters, but excluding domestic sewage and industrial wastes.

(5) BUILDING DRAIN That part of the lowest horizontal piping of a building drainage system that receives the discharge from the soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet outside the inner face of the building wall.

(6) BUILDING OR HOUSE SEWER The extension from the building drain to the public sewer.

(7) BUILDING CONNECTION LATERAL The pipe laid incidental to the original construction of a public sewer from said public sewer up to and including the Y-branch, tee or other connection provided for use thereafter as part of a building connection.

SLUGS

Any discharge of water, sewage or industrial waste, 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.

SUPERINTENDENT

An agent of the FISD.

SUSPENDED SOLIDS

Solids that either float on the surface of, or are in suspension in water, sewage or other liquids, and which are removable by filtering as prescribed in Standard Methods for the Examination of Water, Sewage, and Industrial Waste, American Public Health Association.

WATERCOURSE

A channel in which a flow of water occurs, either continuously or intermittently.

B. Word usage. "Shall" is mandatory; "may" is permissive.

§ 215-3 General waste disposal requirements.

A. It shall be unlawful for any person to place, deposit or permit to be deposited in any manner upon public or private property within the FISD, or in any area under the jurisdiction of said District, any human or animal excrement, garbage or other objectionable waste.

B. It shall be unlawful to discharge to any natural outlet or storm sewer within the FISD, or in any area under the jurisdiction of said District, any sanitary sewage, industrial wastes or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this Part 1 and the applicable state regulations.

C. The owner(s) of all houses, buildings or properties used for human occupancy, employment, recreation, or other purposes, situated within the FISD and abutting on any street, alley or right-of-way, on which there is now located or may in the future be located a public sanitary or combined sewer of the District may, at the option of the District and at the owner's expense, be required to install a building sewer to connect their building drain to the public sewer in accordance with the provisions of this regulation, within 90 days after date of official notice to do so.

D. It shall be unlawful for any person to construct or repair any privy, privy vault, septic tank, cesspool or other facility intended for the disposal of sewage if public sewers are available.

E. 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 section.

(1) Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the Superintendent. The application for such permit shall be made on a form furnished by the FISD which the applicant shall supplement by any plans, specifications and other information as are deemed necessary by the Superintendent.

(2) A permit for a private sewage disposal shall not become effective until the installation is completed to the satisfaction of the Superintendent. He shall be allowed to inspect the work at any stage of construction, and, in any event, the applicant for the permit shall notify the Superintendent when the work is ready for final inspection and before any underground portions are covered.

(3) The type, capacities, location and layout of a private sewage disposal system shall comply with all recommendations of the Department of Public Health of the State of New York. No permit shall be issued for any private sewage disposal system employing subsurface soil-absorption facilities unless the following conditions are met:

(a) The realty subdivision or development is located outside of Groundwater Management Zones III or VI, and all parcels in the realty subdivision or development consist of an area at least 20,000 square feet; or in the case of a clustered realty subdivision or development, the population density equivalent is equal to or less than that of a realty subdivision or development of single-family residences in which all parcels consist of an area of at least 20,000 square feet.

(b) The realty subdivision or development is located within Groundwater Management Zones III or VI, and all parcels in the realty subdivision or development consist of an area of at least 40,000 square feet; or in the case of a clustered realty subdivision or development, the population density equivalent is equal to or less than that of a realty subdivision or development of single-family residences in which all parcels consist of an area of at least 40,000 square feet.

(c) The realty subdivision or development or any portion thereof, is not located within an existing sewer district and is located in an area where subsoil and groundwater conditions are conducive to the proper functioning of individual sewage systems.

(d) The individual sewage works comply with the Department's current standards and the minimum state requirements as set forth in NYCRR, Part 75, to the extent applicable to Suffolk County.

(e) The Suffolk County Water Facilities Requirements are complied with.

(4) At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in § 215-3E above, the building sewer shall be connected to the public sewer in compliance with § 215-3C, and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned and filled with clean bank run gravel, dirt or any other suitable material as approved by the FISD.

(5) The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at the owner(s) expense.

(6) No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the Health Officer.

§ 215-4 General discharge prohibitions.

A. No person shall discharge into any public sewer of the FISD any waste, substance or waters other than such kinds or types of waters or water-carried wastes for the conveyance of which the particular public sewer is intended, designed or provided.

B. No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, cooling water, air-conditioning and refrigerating wastewaters or unpolluted industrial process waters to any sanitary sewer.

C. Industrial cooling water or unpolluted process waters or stormwater and all other unpolluted drainage may not be discharged to sanitary sewers.

D. No person(s) shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:

(1) Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas.

(2) 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, to constitute a hazard to humans or animals, to create a public nuisance or to create any hazard in the receiving waters of the wastewater treatment plant.

(3) Any waters or wastes having a pH lower than 6.5 or in excess of 9.0, or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the wastewater works.

(4) Any waters or wastes containing heat in such quantities as to cause influent temperature at the treatment facility to exceed 104° F. (40° C.).

(5) Solid or highly viscous substances in quantities of or 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, paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.

(6) Any substances which may cause the wastewater treatment facility's effluent or any other produce of the wastewater facility such as residues, sludges or scums to be unsuitable for reclamation process where the wastewater facility is pursuing a reuse and reclamation program. In no case, shall a substance discharged to the wastewater facility cause the facility to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Clean Water Act; any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Resource Conservation and Recovery Act, the Clean Air Act or the Toxic Substances Control Act; or state criteria applicable to the sludge management method being used.

(7) Any liquids, solids or gases which, by reason of their nature or quantity, are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the wastewater treatment facility or to the operation of the wastewater treatment facility. At no time, shall two successive readings on an explosion hazard meter, at the point of discharge into the sewage collection system (or at any point in the system) be more than 5% nor any single reading over 10% of the lower explosive limit (LEL) of the meter.

E. The following described substances, materials, waters or waste shall be limited in discharges to municipal systems to concentrations or quantities which will not harm either the sewers, wastewater treatment process or equipment, will not have an adverse effect on the receiving water or will not otherwise endanger lives, limb or public property, or constitute a nuisance. The FISD, acting upon the recommendation of technical advisors, may set limitations lower than the limitations established in the regulations below, if in their opinion, such more severe limitations are necessary to meet the above objectives. In forming their opinion as to the acceptability, the Water Pollution Control Authority 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 plant, degree of treatability of the waste in the wastewater treatment plant and other pertinent factors. The limitations of restrictions on materials or characteristics of waste or wastewaters discharged to the sanitary sewer which shall not be violated without approval of the Water Pollution Control Authority are as follows:

(1) Wastewater having a temperature higher than 150° F. (65° C.).

(2) Any water or waste containing fats, wax, grease or oils, whether emulsified or not, in excess of 100 mg/l or containing substances which may solidify or become highly viscous at temperatures between 32° and 150° F. (0° and 65° C.).

(3) Wastewater from industrial plants containing floatable oils, fat or grease.

(4) Any garbage that has not been properly shredded.

(5) Any water or wastes having a concentration of any of the following pollutants in excess of the following limits:

	Pollutant	Concentration in Parts Per Million (mg/l)
	Arsenic as As	0.05
	Barium as Ba	5.00
	Boron as Bo	5.00
	Cyanides as CN (amenable)	0.10
	Flourides as F	20.00
	Chromium (Total)	1.00
	Chromium (Cr + 6)	0.10
	Magnesium as MG	100.00
	Manganese as Mn	5.00
	Copper as Cu	1.00
	Zinc as Zn	1.00
	Cadmium	0.10
	Lead	0.10
	Tin	2.00
	Silver	0.10
	Mercury	0.01
	Nickel	1.00

NOTE: All metals are to be measured as total metals.

(6) Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances: or wastes exerting an excessive chlorine requirement to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the FISD for such materials.

(7) Any waters or wastes containing odor-producing substances exceeding limits which may be established by the FISD.

(8) Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the FISD in compliance with applicable state or federal regulations.

(9) Materials which exert or cause:

(a) Unusual concentrations of inert suspended solids, such as but not limited to, fuller's earth, lime slurries and lime residues, or of dissolved solids, such as but not limited to, sodium chloride and sodium sulfate.

(b) Excessive discoloration, such as but not limited to dye wastes and vegetable tanning solutions.

(c) Unusual BOD, COD or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.

(d) Unusual volume of flow or concentration of wastes constituting slugs as defined herein. All slug discharges, despite their severity, will be reported to the FISD prior to the time of discharge.

(e) Any other wastes deemed unacceptable by the FISD.

(10) Waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment process employed, or are amenable to treatment only to such degree that the wastewater treatment plant effluent cannot meet the requirements of agencies having jurisdiction over discharge to the receiving waters.

(11) 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 or which may cause the effluent limitations of the NPDES discharge permit to be exceeded.

F. Restriction of deleterious waste flows:

(1) If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substance or possess the characteristics enumerated in § 215-4E of this Part 1, and/or which, in the judgment of the Water Pollution Control Authority, 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 FISD may:

(a) Reject the wastes;

(b) Require pretreatment to an acceptable condition for discharge to the public sewers;

(c) Require control over the quantities and rates of discharge; and/or

(d) Require payment to cover the added cost of handling and treating the wastes.

(2) If the FISD and DEC allows 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 Water Pollution Control Authority and DEC and subject to the requirements of all applicable codes, ordinances and laws.

G. Grease, oil and sand interceptors shall be provided when, the opinion of the FISD, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts, 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 FISD and shall be located as to be readily and easily accessible for cleaning and inspection.

H. Where pretreatment of 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(s) at his expense.

I. When required by the DEC or the FISD, 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 FISD. The structure shall be installed by the owner(s) at his expense and shall be maintained by him so as to be safe, accessible and in satisfactory operation at all times.

J. The FISD may require a user of sewer services to provide information needed to determine compliance with this Part 1. These requirements may include but are not limited to:

(1) Wastewater discharge peak rate and volume over a specified time period.

(2) Periodic chemical analyses of wastewaters.

(3) Information on raw materials, processes and products affecting wastewater volume and quality.

(4) Quantity and disposition of specific liquid, sludge, oil, solvent or other materials important to sewer use control.

(5) A plot plan of sewers of the users property showing sewer and pretreatment facilities location.

(6) Details of wastewater pretreatment facilities.

(7) Details of systems to prevent and control the losses of materials through spills to the municipal sewer.

(8) Provide certification that the user is not discharging contaminated water such as stormwater, groundwater or subsurface drainage to the sanitary sewer system and that the piping system to convey such waters is completely separate from the sanitary sewer system.

K. All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this Part 1 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 Superintendent. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property. The particular analyses involved will determine whether a twenty-four-hour composite of all outfalls of a premises is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from twenty-four-hour composites of all outfalls whereas pH's are determined from periodic grab samples.

L. The admission in the public sewer of any waters or wastes having a five-day BOD greater than 300 milligrams per liter by weight, or containing more than 350 milligrams per liter by weight of suspended solids, or containing any quantity of substance having the characteristics described in § 215-4D or having a chlorine demand of more than 15 milligrams per liter by weight or having an average daily flow greater than 10% of the average daily sewage flow of the District, shall be subject to the review and approval of the FISD. Where necessary in the opinion of the FISD, the owner(s) shall provide, at his expense, such preliminary treatment as may be necessary to reduce the BOD to 300 milligrams per liter by weight, the suspended solids to 350 milligrams per liter by weight, and the chlorine demand to 15 milligrams per liter by weight, or to reduce objectionable characteristics or constituents to within the maximum limits provided for in § 215-4D or to control the quantities and rates of discharge of such waters or wastes. Plans, specifications and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the FISD and of any or all state regulatory agencies having jurisdiction, and no construction of such facilities shall be commenced until said approvals are obtained in writing.

M. Determination of exclusion of wastes. In determining whether any waste discharged or proposed to be discharged into any public sewer is to be excluded, consideration will be given to the quantity, time or times, rate and manner of discharge, dilution and character of the waste in question, the size of the sewer into which the waste is to be discharged, the probable quantity of sewage or other wastes likely in said sewer and other pertinent facts. Minute quantities of a waste which would be objectionable in larger quantities may be accepted if sufficiently diluted when and as discharged, or if the quantity discharged is small as compared with the flow in the receiving sewer; but any permission to discharge minute quantities of an otherwise excluded waste shall be revocable at any time by the Superintendent.

N. Pretreatment facilities. At all premises where wastes or substances specified to be excluded from public sewers by these regulations are present and liable to be discharged directly or indirectly into said sewers, suitable and sufficient piping layouts, oil, grease, sand and flammable waste traps or separators, screens, settling tanks, diluting devices, storage or regulating chambers, treatment, cooling or other equipment and devices shall be provided. These shall be maintained and properly operated by the owner(s) of the premises or his agent at his expense to ensure that no waste or substance is discharged in violation of the requirements of these regulations.

O. All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this section shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Sewage. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected.

P. Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this Part 1. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner(s) or user's own cost and expense. The Commissioner of DEC may require that plans showing facilities and operating procedures be submitted for review and approval prior to construction of the facilities.

(1) Within five days following an accidental discharge, the user shall submit to the Director and Commissioner of DEC a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expenses, loss, damage or other liability which may be incurred as a result of damage to the wastewater treatment facility, fish kills, aquatic plants or any other damage to persons or property; nor shall such notification relieve the user of any fines, civil penalties or other liability which may be imposed by this Part 1 or other applicable law.

(2) A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall ensure that all employees are advised of the emergency notification procedure.

§ 215-5 Discharges from private systems.

No person shall discharge or cause to be discharged into any public sewer, either directly or indirectly, any overflow or effluent from a septic tank, cesspool, subsurface drainage trench, bed or filter or other receptacle storing organic waste.

§ 215-6 Permit required to work on public sewers; tampering prohibited; penalties.

A. Connections to, alterations to or repairs to any public sewer or the manholes or other appurtenances of said sewer system in the FISD shall not be made by any person without a permit issued by the Superintendent.

B. No unauthorized person shall open the cover of, enter or alter any manhole or other appurtenance of any public sewer, place or insert in any public sewer or its appurtenances any foreign material which said sewer or its appurtenances was not intended to receive nor shall any person damage, destroy, uncover, deface or tamper in any way with any public sewer or its appurtenances. Any person violating this provision of this Part 1 shall be subject to arrest under a charge of disorderly conduct.

§ 215-7 Building sewer permits; fees.

A. Application and fees.

(1) There shall be building permits for sewers for residential and commercial service. The owner(s) or his agent shall make application on a special form furnished by the District.

(2) The application shall state the location and character of the work to be performed, the person granted permission to perform such work, the time limit for completion of the work, the general character of the wastes which are or may be discharged into the sewer in question and any other pertinent information or conditions. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Superintendent. A permit and inspection fee of $200 for one- and two-family dwellings, $200 each for first two dwellings and $150 each additional dwelling unit for multifamily dwellings and $1,000 per acre of developed land or fraction thereof for institutional type buildings, such as schools, churches, etc., and for retail and commercial property shall be paid to the FISD at the time the application is filed.

(3) In those cases where a sewer connection charge has been levied or will be levied, the charge for permit and inspection fee of $200 for one- and two-family dwellings shall be waived.

B. All costs and expenses incident to the installation and connection of the building sewer shall be borne by the owner(s). All building sewers shall be maintained by the owner(s) of the property served. When a building connection lateral has been connected with a building sewer, the lateral shall become and thereafter be a part of such building connection and shall be maintained at the expense of the owner(s) of the property.

C. No person, other than those working for and under the direction of the Superintendent shall excavate, construct, install, lay, repair, alter or remove any building or house sewer, or any appurtenance thereof, within the FISD, if such sewer is connected or discharged or is intended at some future time to be connected or discharged, directly or indirectly, into any public sewer of said District, until said person has a permit secured by the owner(s) (or his agent) of the property in question for doing such work, and further provided that said person has been granted a license to perform said work by the State of New York under the stipulations and requirements of § 215-8 of this Part 1.

D. Any permit may be suspended or terminated by the FISD on written notice to the permittee for violation of the conditions thereof or for any violation of the requirements of this Part 1 or for other reasons in the public interest.

§ 215-8 Persons authorized to work on sewers; licensed drain layers.

A. Only the following person or persons shall construct, repair, alter or remove building sewers or make connections therefrom to a public sewer:

(1) Regular forces of or a contractor employed by the FISD.

(2) Regular forces of any public utility corporation while engaged in work incidental to the regular structures of said utility company and operating under a permit issued by the FISD.

(3) Any person who shall have been licensed by the State of New York to perform work of this type during the period provided by the license and under the conditions of the license. Such persons shall be called "licensed drain layers," as defined in § 215-2A. All drains and fixtures within structures shall be connected by plumbers and others in conformity with the requirements of this Part 1 as to what may or what shall not be discharged into public sewers.

B. Any person licensed as a drain layer shall give personal attention to the work performed and shall employ only competent persons, who are familiar with this Part 1.

C. Each licensed drain layer shall file with the FISD a performance and guaranty bond, which shall remain in full force for at least 12 months from the date of application for a permit as provided in § 215-7, in the amount of not less than $5,000 in form and with surety satisfactory to the FISD. The applicant shall indemnify the Town of Southold for any negligence or omission of the applicant or his agents while operating under the license applied for; that the applicant shall reimburse the FISD for any expense to said FISD arising from any injury or damage to any sewer or other property of said Town or by reason of any violation by the applicant or his agents of any requirement of this Part 1; that the applicant shall faithfully execute all work required under the license as granted; that the applicant shall restore that portion of any street or public place in which the applicant may have made an excavation incidental to his work to as good a condition as it was prior to said work and also shall maintain said street or public place in like good condition to the satisfaction of said municipality for a period of six months after said restoration; that the applicant shall reimburse the FISD or the Town of Southold for the expense of repairs to any street or public place made necessary by reason of any excavation made by the applicant; and that the applicant shall comply with all rules, regulations, laws, ordinances, etc., relative to work in public streets and public places.

D. Each licensed drain layer shall file with the FISD a certificate or certification of public liability and property damage insurance, which shall remain in full force for at least 12 months from the date of application for permit as provided in § 215-7, in an amount of not less than $100,000 for injuries, including accidental death, to any one person and subject to the same limit for each person, in an amount not less than $500,000 on account of any one accident and property damage insurance in an amount not less than $10,000. The District shall be included as an assured or, in lieu thereof, the drain layer shall file with the Superintendent an owner's protective liability and property damage insurance policy in the same limits as aforementioned. Each insurance certificate and policy shall contain a statement by the insurance carrier not to cancel the policy or policies except upon 15 days' notice to the representative.

E. Each licensed drain layer shall file with the FISD a certificate of policy covering workmen's compensation insurance, which shall remain in force for at least 12 months from the date of application, for a permit as provided in § 215-7.

§ 215-9 Standards for building sewers.

The following requirements of this section shall apply to any person licensed to do sewer work and who has a building or house sewer permit to do such sewer work as provided in §§ 215-7 and 215-8 of this Part 1.

A. Old building sewers may be used and connected to a public sewer when serving new buildings only when they are found on examination or test by the Town Engineer to meet all requirements of this section. The Town Engineer may require, where indicated, the uncovering of old sewers for inspection.

B. A separate and independent building sewer shall be provided for every building, except that, when two or more buildings are so situated that separate and independent building sewers for each building would be impractical or impose unnecessary hardship, the FISD may authorize a single building sewer connection to the public sewer subject to such terms and conditions as to easement, design and construction as the Town Engineer may require.

C. No building shall be connected to a public sewer unless the plumbing system of said building has a soil vent pipe extended to a point above the roof. The FISD may require that no running trap, main house trap or other device which might prevent the free flow of air throughout the whole course of the building sewer, house drain and said soil vent pipe, will be allowed.

D. The building sewer shall be cast-iron soil pipe, vitrified clay sewer pipe, polyvinyl chloride pipe or other suitable material approved by the FISD. All pipe materials shall conform to the latest standard specifications of the ASTM as approved by the FISD. Any part of the building sewer that is located within 10 feet of a water service pipe shall be constructed of cast-iron soil pipe. Wherever possible, water service and house sewer pipes shall be laid in separate trenches. Where laid in the same trench, the water pipe shall be laid on a bench at least 12 inches above the top of the sewer pipe and at least 12 inches, and preferably 18 inches, from the side of the sewer trench. Cast-iron pipe may be required where the building sewer is exposed to damage by tree roots. If installed in filled or unstable ground, the building sewer shall be of cast-iron soil pipe, except that nonmetallic material may be accepted if laid on a suitable concrete bed or cradle as approved by the FISD. No building sewer shall be located within 25 feet of a cellar drain or groundwater drain unless pipe is of cast-iron.

E. The size and slope of the building sewer shall be subject to the approval of the FISD, but in no event shall the diameter be less than six inches. The slope of such six-inch pipe shall be not less than 1/4 inch per foot.

F. In all buildings where the building drain is too low to permit gravity flow to the public sewer, sewage or other wastewaters carried by such drain shall be lifted by approved artificial means and discharged to the building sewer through a cast-iron force main. All building drains, whether force mains or gravity lines, shall be of cast-iron soil pipe from the inner face of the building wall to the point of connection with the building or house sewer, and all joints, including that with the building sewer, shall be made gastight and watertight by a method approved by the Town Engineer.

G. Excavations and laying of building sewers.

(1) All excavations required for the installation of building sewer shall be open trench work unless otherwise approved by the Town Engineer. Whenever possible the building sewer shall be brought to the building at an elevation below the basement floor. No building sewer shall be laid parallel to or within three feet of any bearing wall which might thereby be weakened. The depth of the building sewer shall be sufficient to afford protection from frost and in general such depth shall not be less than three feet below the finished ground surface at all points. All building sewers shall be laid at uniform grade and in straight alignment insofar as possible.

(2) Building sewers shall be laid in the following manner: Gravel bedding material will be required below all pipe and all utility structures. Gravel bedding shall be placed to the full width of the trench and to a depth of six inches below the bottom of the pipe invert. Gravel bedding shall be placed 12 inches beyond the widths of a utility structure foundation (base) and to a depth of six inches from the bottom of the excavation to the bottom of the foundation (base). After a pipe is bedded the trench shall be filled to the center line of the pipe with gravel bedding except at the joint. After the joint is inspected, that portion around the pipe shall be carefully and thoroughly tamped. From the center line of the pipe to a point 12 inches above the top of the pipe, the backfill shall be sand, placed by hand and hand tamped. Above this point, backfill shall be suitable material from excavation or bank-run gravel. This backfill shall be placed in layers eight inches deep and each layer shall be compacted with mechanical tampers to not less than 95% of maximum dry density.

(3) Building sewers shall be located at a sufficient distance from other parallel pipes to permit alterations or repairs to any such pipes or the sewer pipe without disturbing the other; they shall be well cleaned inside after laying; and they shall conform to all reasonable requirements for good constructions.

(4) The open ends of building sewers, building drains and building connection laterals shall be kept closed or protected during construction and during periods when work is suspended in order to exclude from the public sewer all water or debris which might obstruct, damage or otherwise be detrimental to the public sewer or sewage works. Abandoned building sewers or drains shall be likewise promptly closed and sealed off from any public sewer at the expense of the owner of the property.

H. All joints and connections for or between building sewers, building drains and building connection laterals shall be made gastight and watertight as follows:

(1) Cast-iron, vitrified-clay sewer pipe, polyvinyl chloride pipe or other suitable material approved by the FISD shall be gasketed and equipped with tyton or mechanical joints. The pipe and joints shall conform to all applicable ASA and ASTM specifications. No paint, varnish or other coatings shall be permitted on any joint until after the joint has been tested and approved.

(2) Air testing.

(a) The District shall require the use of low-pressure air testing of gravity sewers to ensure that the joints are gastight and watertight. The sewer line under test shall be plugged at both ends. The air hose shall be connected to a tapped plug to be used for air inlet to the line. The hose will be connected to portable air control equipment which must include a shut-off valve, pressure-regulating valve, pressure-reduction valve and a monitoring pressure gauge with range from zero to five pounds per square inch. Air shall be introduced from the air source through the control equipment to the pipeline.

(b) Air shall be slowly supplied to the test section, until a constant pressure of 3.5 pounds per square inch gauge is maintained. The air pressure shall be regulated to prevent the pressure inside the pipe from exceeding 5.0 pounds per square inch gauge. When constant pressure of 3.5 pounds per square inch gauge is reached, the air supply shall be throttled to maintain the internal pressure above 3.0 pounds per square inch gauge and shut off or disconnected from the air supply. The gauge shall be observed until the air pressure reaches 3.0 pounds per square inch gauge. At 3.0 pounds per square inch gauge, the pressure drop shall be timed with a stop watch until the pressure drops to 2.5 pounds per square inch gauge. The time required for this zero-and-five-tenth-pound-per-square-inch-gauge pressure drop shall be recorded and compared to the following tabulation.

(c) Time requirements.

[1] If the time for the zero-and-five-tenth-pound-per-square-inch-gauge drop is less than that shown, the section will be considered to have failed, and the source of leakage must be located, repaired and the section retested.

	Time Requirements for Air Testing
	Pipe Size (inches)	Time (minutes)
	8 or less	5:06
	10	6:22
	12	7:39
	14	9:35

[2] Where groundwater level is about the invert of the sewer line, the air test pressure must be increased 0.43 pounds per square inch for each foot the groundwater level is above the invert of the pipe, and the resulting pressure computed will be used for the starting pressure. The allowable drop (0.5 pounds per square inch gauge) and the time requirements will not change.

(3) All joints in vitrified clay pipe, polyvinyl chloride pipe or other approved pipe or between such pipes shall be made with rubber or similar gaskets. Hot poured jointing materials or cement mortar shall not be approved. Pipe and joints shall conform to all applicable ASTM specifications.

(4) Any jointing materials, other than those described in Subsection H(1), (2) and (3) may be used only upon approval by the Town Engineer.

(5) The connection of the building sewer into the public sewer shall be made at the Y-branch if such branch is available at a suitable location. If the public sewer is 12 inches in diameter or less, and no properly located Y-branch is available, the owner(s) shall at his expense install a Y-branch in the public sewer at the location specified by the Town Engineer. Where the public sewer is greater than 12 inches in diameter, and no properly located Y-branch is available, a neat hole may be cut into the public sewer to receive the building sewer, with entry in the downstream direction at an angle of about 45°. A forty-five-degree L may be used to make such connection, with the spigot end cut so as not to extend past the inner surface of the public sewer. Where street sewers are of asbestos-cement sewer pipe, the connection may be made with a cast-iron saddle in the event that no fitting is available on the street sewer. The invert of the building sewer at the point of connection to twelve-inch diameter sewers or larger shall be connected to either match the center lines of such street sewers or be higher. A smooth neat joint shall be made, and the connection made secure and watertight by encasement in concrete. Special fittings may be used on the connection only when approved by the District.

I. When the building sewer trench has been excavated, and the building sewer repaired, altered or constructed, and is ready for inspection and connection to the public sewer, the Town Engineer shall be notified during regular working hours not less than eight hours in advance of the time when the connection to the public sewer is planned. The connection of the building sewer to the public sewer shall be made under the supervision of the FISD, and a record of all said connections shall be kept by the District. If any person constructs, installs, alters or repairs any building sewer or drain connecting with a public sewer in the District in violation of any section of this Part 1 or fails to give adequate notice to the Town Engineer for an inspection of the work, said Town Engineer may order all or any portion of said work to be uncovered for inspection and approval.

J. All excavations for building sewer installations shall be adequately guarded with barricades and lights so as to protect the public from hazard.

K. If any person, after proper order or direction from the District fails to remedy any violation of this section or of any other section of these regulations, the Town Engineer may disconnect the building sewer of the property where the violation exists from the public sewer and may collect the cost of making such disconnection from any person or persons responsible for, or willfully concerned in, or who profited by such violation of the requirements of these regulations.

§ 215-10 Powers and authority of inspectors.

A. The Superintendent and any duly authorized employees of the District, the Environmental Protection Agency and/or the DEC bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this Part 1. The Superintendent or his representative shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper or other industries beyond that point that has a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.

B. While performing the necessary work on private properties referred to in § 215-10A above, the Superintendent or duly authorized employees of the District shall observe all safety rules applicable to the premises established by the owner(s) and the owner(s) shall be held harmless for injury or death to the District employees and against liability claims and demands for personal injury or property damage asserted against the owner(s) and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the owner(s) to maintain safe conditions as required in § 215-4I.

C. All duly authorized employees and/or representatives of the District bearing proper credentials and identification shall be permitted to enter all private properties through which the District 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 sewage works 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.

§ 215-11 Penalties for offenses; disconnection.

[Amended 1-16-2007 by L.L. No. 3-2007]

A. Any person found to be violating any provision of this Part 1 except § 215-6 shall be served by the District 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 violate any provision of this Part 1 shall be guilty of an offense punishable by a fine not to exceed $5,000 or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment. Each day that any violation of this Part 1 continues and each day that any person continues to discharge prohibited wastes or substances into any public sewer shall be deemed to be a separate and additional offense.

C. Any person who fails to cease and desist violation of this Part 1 upon notification thereof may, after the period of time stated in the notice for correction thereof, be disconnected from the public sewer system. Notice of disconnection shall be served by the District not less than 10 days prior to the actual disconnection.

§ 215-12 Discretionary monitoring of effluents.

The District may require as a condition to the connection and/or continued use of the District's sewer facilities that flow-metering, pH-monitoring and suitable effluent-sampling stations be provided at the owner'(s) expense by industry connected to the District sewer system as required by prudent engineering standards.

§ 215-13 Severability.

If any section, clause, sentence or provision of this Part 1 be adjudged invalid or unenforceable, such adjudications shall not affect the validity of any other provision hereof, but all other provisions shall be deemed valid and effective and shall remain in full force and effect.