[HISTORY: Adopted by the Town Board of the Town of Yorktown as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-21-1982 by L.L. No. 14-1982]
Unless the context specifically indicates otherwise, the meaning of the terms used in this article shall be as follows:
- BIOCHEMICAL OXYGEN DEMAND (BOD)
- The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20º C., expressed in milligrams per liter.
- BUILDING DRAIN
- That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the buildings and conveys it to the building sewer, beginning five feet (1.5 meters) outside the inner face of the building wall.
- BUILDING SEWER
- The extension from the building drain to the public sewer or other place of disposal; also called "house connection."
- COMBINED SEWER
- A sewer intended to receive both wastewater and stormwater or surface water.
- An acquired legal right for the specific use of land owned by others.
- FLOATABLE OIL
- Oil, fat or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. A wastewater shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system.
- The animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods.
- INDUSTRIAL WASTES
- The wastewater from industrial processes, trade or business as distinct from domestic or sanitary wastes.
- NATURAL OUTLET
- Any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body of surface water or groundwater.
- Any individual, firm, company, association, society, corporation or group.
- The logarithm of the reciprocal of the hydrogen ion concentration. The concentration is the weight of hydrogen ions, in grams, per liter of solution. Neutral water, for example, has a pH value of 7 and a hydrogen-ion concentration of 10-7.
- PROPERLY SHREDDED GARBAGE
- The wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch (1.27 centimeters) in any dimension.
- PUBLIC SEWER
- A common sewer controlled by a governmental agency or public utility.
- SANITARY SEWER
- A sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions together with minor quantities of groundwater, stormwater and surface waters that are not admitted intentionally.
- The spent water of a community. The preferred term is "wastewater."
- A pipe or conduit that carries wastewater or drainage water.
- Any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average twenty-four-hour concentration or flows during normal operation and shall adversely affect the collection system and/or performance of the wastewater treatment works.
- STORM DRAIN (sometimes termed "storm sewer")
- A drain or sewer for conveying water, groundwater, subsurface water or unpolluted water from any source.
- SUSPENDED SOLIDS
- Total suspended matter that either floats on the surface of or is in suspension in waste, wastewater or other liquids and that is removable by laboratory filtering as prescribed in Standard Methods for the Examination of Water and Wastewaters and referred to as "nonfilterable residue."
- TOWN ENGINEER
- The Town Engineer of the Town of Yorktown, or his authorized deputy, agent or representative.
- UNPOLLUTED WATER
- Water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided.
- (2) Section 307 of the Clean Water Act.
- (a) The Administrator shall, within 90 days after the date of enactment of this title, publish (and from time to time thereafter revise) a list which includes any toxic pollutant or combination of such pollution for which an effluent standard (which may include a prohibition of the discharge of such pollutants or combination or such pollutants) will be established under this section. The Administrator in publishing such list shall take into account the toxicity of the pollutant, its persistence, degradability, the unusual or potential presence of the affected organisms in any waters, the importance of the affected organisms and the nature and extent of the affect of the toxic pollutant on such organisms.
- (b) Within 180 days after the date of publication of any list or revision thereof containing toxic pollutants or combination of pollutants under Subsection A(1) of this definition, the Administrator, in accordance with Section 553 of Title 5 of the United States Code, shall publish a proposed effluent standard (or a prohibition) for such pollutant or combination of pollutants which shall take into account the toxicity of the pollutant, its persistence, degradability, the usual or potential presence of the affected organisms in any waters, the importance of the affected organisms and the nature and extent of the effect of the toxic pollutant on such organisms, and he shall publish a notice for a public hearing on such proposed standard to be held within 30 days. As soon as possible after such hearing, but not later than six months after publication of the proposed effluent standard (or prohibition), unless the Administrator finds, on the record, that a modification of such proposed standard (or prohibition) is justified based upon a preponderance of evidence adduced at such hearings, such standard (or prohibition) shall be promulgated.
- (c) If after a public hearing the Administrator finds that a modification of such proposed standard (or prohibition) is justified, a revised effluent standard (or prohibition) for such pollutant or combination of pollutants shall be promulgated immediately. Such standard (or prohibition) shall be reviewed and, if appropriate, revised at least every three years.
- The spent water of a community. From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions, together with any groundwater, surface water and stormwater that may be present.
- WASTEWATER FACILITIES
- The structures, equipment and processes required to collect, carry away and treat domestic and industrial wastes and dispose of the effluent.
- WASTEWATER TREATMENT WORKS
- An arrangement of devices and structures for treating wastewater, industrial wastes and sludge. Sometimes used as synonymous with "waste treatment plant" or "wastewater treatment plant" or "water pollution control plant."
- A natural or artificial channel for the passage of water either continuously or intermittently.
"Shall" is mandatory; "may" is permissive. In every case where this article states that someone or something shall not be done or occur, "shall not" shall be construed to mean that someone must not do it or that it must not occur and that someone will not permit it to occur or that it must not be permitted to occur.
It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the Town of Yorktown or in any area under the jurisdiction of said Town, any human or animal excrement, garbage or objectionable waste.
It shall be unlawful to discharge to any natural outlet within the Town of Yorktown, or in any area under the jurisdiction of said Town, any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this article.
Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of wastewater.
The owner(s) of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes situated within the Town and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the Town is hereby required at the owner(s) expense to install suitable toilet facilities therein and to connect such facilities directly with the proper public sewer in accordance with the provisions hereof within 90 days after date of official notice to do so, in writing, by the Town Board, provided that said public sewer is within 200 feet (61 meters) of the property line.
No person shall throw or deposit or cause to be thrown or deposited into any drain, catch basin, sewer or gutter within the Town any substance which may cause obstruction or injury thereto or nuisance therein. It shall also be unlawful for any person to divert or stop the flow of any drain or sewer.
Where a public sanitary or combined sewer is not available under the provisions of § 240-2D, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of the Westchester County Health Department.
At such time as a public sewer becomes available to a property served by a private wastewater disposal system, a direct connection shall be made to the public sewer within 90 days in compliance herewith, and any septic tanks, cesspools and similar private wastewater disposal facilities shall be cleaned of sludge and filled with suitable material.
The owner(s) shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times, at no expense to the Town, and shall comply with the inspection requirements of Article II of this chapter.
[Amended 3-15-2011 by L.L. No. 3-2011]
No statement contained herein shall be construed to interfere with any additional requirements that may be imposed by the County Health Officer.
No unauthorized person(s) shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Town Engineer.
Before any work is commenced, the owner(s) shall make an application for a connection permit which shall be filed with the Town Engineer on a form provided by him for that purpose accompanied by an application fee, such as has been established by resolution of the Town Board or any amendments thereto, and a connection permit issued by the Town Engineer shall be obtained therefor.
All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner(s). The owner(s) shall indemnify the Town from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
Each building, other than accessory buildings incidental to the principal building or structure on each parcel of property shall have a separate connection with the sewer, except that in the case of real estate developments containing one or more private streets supplied with lateral sewers privately constructed, each building other than accessory buildings incidental to the principal building or structure on each parcel of property shall have a separate connection either with such lateral sewer or with the Town sewer. Any such lateral sewer privately constructed shall be constructed in accordance with the standards contained herein and shall be properly maintained at all times.
Old building sewers may be used in connection with new buildings when said new buildings replace old buildings only when they are found, on examination and tested by the Town Engineer, to meet all requirements of this article.
The size, slope, alignment, materials of construction of a building sewer and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, shall all conform to the requirements of the Building and Plumbing Code or other applicable rules and regulations of the Town. In the absence of code provisions or in application thereof, the materials and procedures set forth in appropriate specifications of the ASTM and WPCF Manual of Practice No. 9 shall apply.
Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.
No person(s) shall make connection of roof downspouts, foundation drains, areaway drains or other sources of surface runoff or groundwater to a building sewer or building drain which, in turn, is connected directly or indirectly to a public sanitary sewer.
The connection of the building sewer into the public sewer shall conform to the requirements of the Building and Plumbing Code or other applicable rules and regulations of the Town or the procedures set forth in appropriate specifications of the ASTM and the WPCF Manual of Practice No. 9. All such connections shall be made gastight and watertight and verified by proper testing. Any deviation from the prescribed procedures and materials must be approved by the Town Engineer before installation.
All work shall be performed by or under the immediate supervision of a plumber duly licensed by the Town of Yorktown. The person so licensed to make such connection or opening shall comply with and be responsible for the following:
All openings into any sewer shall be made carefully without injuring the same and in accordance with New York State Uniform Code standards.
No obstruction of any description whatsoever shall be left in the connection.
Unless otherwise approved by the Town Engineer, a minimum separation of 10 feet on centers shall be maintained between the house sanitary connection and the house water service, and the water line shall be at an elevation 18 inches higher than the sewer line if laid within 10 feet of the sewer line.
Any damage or injuries that may occur to persons, animals or property by reason of any opening in any street or right-of-way made by them or those in their employ.
The applicant for the building sewer permit shall notify the Town Engineer a minimum of 24 hours prior to when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of a plumber licensed by the Town of Yorktown. No work shall be covered until inspected by the Town Engineer or his representative. All excavations for building sewer installations shall be adequately guarded with barricades and lights so as to protect the public from hazard. Proper shoring shall be provided where necessary to avoid cave-ins into trench excavations. In the event that water conditions are encountered during trench excavations, a licensed plumber shall provide suitable pumping equipment to ensure installation of a house sanitary sewer under reasonably dry conditions, said groundwater to be disposed of in storm drainage facilities. Under no circumstances is groundwater to be disposed of in the sanitary sewers. At the time of connection to a public sewer, any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned, pumped out and filled with suitable inert material. Under no circumstances shall said sanitary waste material be disposed of into Town sanitary sewers.
All excavation shall be backfilled and the earth rammed. In no case shall boulders or rock layers be used for backfill within two feet of house sanitary sewer service connection. Where road pavement must be cut it will be necessary to first secure a street opening permit from the Superintendent of Highways. All requirements set forth in said permit shall constitute part of this article (see Chapter 255, Street Specifications).
Each permit shall have endorsed thereon the contents of § 149 of the Highway Law of the State of New York, and the licensee and owner of the land benefited by the sewer connection shall be deemed to have accepted such permit or the issuance of the same on condition that there will be full compliance with the provisions of said section and that such persons will be bound thereby.
The line running from the house or other building to the sanitary sewer shall be of not less than four inches extra heavy cast-iron or service weight pipe, and fittings bearing the Cast-Iron Soil Pipe Institute insignia, and shall be thoroughly caulked and joined with first quality lead and oakum. Unless loading conditions as determined by the Town Engineer warrant additional pipe strength, it shall be permissible to use asbestos cement building sewer pipe in lengths not to exceed five feet in lieu of extra heavy cast-iron pipe or service weight pipe and fittings bearing the Cast-Iron Soil Pipe Institute insignia, provided that such pipe shall have a crushing strength of at least 1,500 pounds per linear foot when tested in accordance with ASTM Designation C-14, Three-edge Bearing Method. All pipe shall be cushioned by a minimum six-inch thick layer of 3/4 inch gravel. Under no circumstances shall grade blocks be left in place at the time of backfilling. Said stone shall additionally be placed to the spring line of the pipe. When minimum, uncritical loading conditions exist as determined by the Town Engineer, it shall be permissible to use SDR 35 PVC sewer pipe. The installation shall conform to the recommended practice of the Uni-Bell Plastic Pipe Association. The embedment shall be Class I. All pipe shall be bedded (cushioned) on a minimum six-inch thick layer of 3/4 inch crushed gravel. Additionally, the 3/4 inch crushed gravel shall be placed the full height of the pipe zone (haunching to spring line of the pipe, thence to the crown of the pipe). Initial and final backfill material and procedures shall conform to Association recommendations and standards.
The provisions of the New York State Uniform Code applicable to plumbing shall apply, except as required herein.
No person(s) shall discharge or cause to be discharged any unpolluted waters such as stormwater, groundwater, roof runoff, unpolluted industrial process water, subsurface drainage or cooling water to sewer.
Stormwater, other than that exempted above, and all other unpolluted drainage, shall be discharged to such sewers as are specifically designated as storm sewers or to a natural outlet approved by the Town Engineer and other regulatory agencies. Unpolluted industrial cooling water or process waters may be discharged, on approval of the Town Engineer, or a storm sewer, combined sewer or natural outlet.
No person(s) shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:
Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas.
Any waters containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any waste treatment process, constitute a hazard to humans or animals, create a public nuisance or create any hazard in the receiving waters of the wastewater treatment plant, including, but not limited to, cyanides as CN in the wastes as discharged to the public sewer.
Any waters or wastes having a pH lower than 5.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the wastewater works.
Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers or other interference with the proper operation of the wastewater facilities such as, but not limited to, ashes, bones, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
No person shall discharge or cause to be discharged the following described substances, materials, waters or wastes if it appears likely in the opinion of the Town Engineer that such wastes can harm either the sewers, sewage treatment process or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance. The Town Engineer may set limitations lower than the limitations established in the regulations below if, in his opinion, such more severe limitations are necessary to meet the above objectives. In forming his opinion as to the acceptability of these wastes, the Town Engineer will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities of subject wastes in relation to flows and sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant and other pertinent factors. The substances prohibited are:
Any liquid or vapor having a temperature higher than 150º F. (65º C.).
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 viscous at temperatures between 32º F. and 150º F. (0º C. and 65º C.).
Wastewater from industrial plants containing floatable oils, fat or grease.
Wastewater containing more than 25 milligrams per liter of petroleum oil, nonbiodegradable cutting oils or products of mineral oil origin.
Any garbage that has not been properly shredded (see definitions). Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments or similar places where garbage originates from the preparation of food in kitchens for the purpose of consumption on the premises or when served by caterers. The installation and operation of any garbage grinder equipped with a motor of 3/4 horsepower (0.76 horsepower metric) or greater shall be subject to the review and approval of the Town Engineer.
Any waters or wastes containing strong acid pickling wastes or concentrated plating solutions, whether neutralized or not.
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 material received in the composite sewage at the sewage treatment works exceeds the limits established by the Town Engineer for such materials or limits pursuant to Section 307 of the Clean Water Act, whichever are more stringent.
Any waters or wastes containing phenols or other taste- or odor-producing substances, in such concentrations exceeding limits which may be established by the Town Engineer as necessary to meet the requirements of the state, federal or other public agencies of jurisdiction for such discharge to the receiving waters.
Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Town Engineer, in compliance with applicable state or federal regulations.
Waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed or are amenable to treatment only to such degree that the wastewater treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
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.
Any waters or wastes having pH in excess of 9.5.
Materials which exert or cause:
Unusual concentrations of inert suspended solids (such as, but not limited to, Fullers earth, lime slurries and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate).
Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).
Unusual BOD, chemical oxygen demand or chloride requirements in such quantities as to constitute a significant load on the sewage treatment works.
Unusual volume of flow or concentration of wastes constituting slugs as defined herein.
Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge in the receiving waters.
If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Subsection D hereof and which, in the judgment of the Town Engineer, 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 Town Engineer may:
Reject the wastes;
Require pretreatment to an acceptable condition for discharge to the public sewers, the minimum requirements being those referred to in § 307 of the Clean Water Act;
Require control over the quantities and rates of discharge; and/or
When considering the above alternatives, the Town Engineer shall give consideration to the economic impact of each alternative on the discharger. If the Town Engineer permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Town Engineer, and subject to the requirements of all applicable codes, ordinances and laws.
Grease, oil and sand interceptors shall be provided when, in the opinion of the Town Engineer, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts, as specified in Subsection D(3), 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 Town Engineer and shall be located as to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors, the owner(s) shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates and means of disposal which are subject to review by the Town Engineer. Any removal and hauling of the collected materials not performed by the owner's personnel must be performed by currently licensed waste disposal firms.
Where pretreatment or flow-equalizing facilities are provided or required for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner(s) at his (their) expense.
When required by the Town Engineer, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable structure (control manhole) 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 Town Engineer. The structure shall be installed by the owner, at his expense, and shall be maintained by him so as to be safe and accessible at all times.
The Town Engineer may require a user of sewer services to provide information needed to determine compliance with this article. These requirements may include:
Wastewaters discharge peak rate and volume over a specified time period.
Chemical analyses of wastewaters.
Information on raw materials, processes and products affecting wastewater volume and quality.
Quantity and disposition of specific liquid, sludge, oil, solvent or other materials important to sewer use control.
A plot plan of sewers of the user's property showing sewer and pretreatment facility location.
Details of wastewater pretreatment facilities.
Details of systems to prevent and control the losses of materials through spills to the municipal sewer.
All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this article shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole. 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. 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 analysis are obtained from twenty-four-hour composites of all outfalls, whereas pH's are determined from periodic grab samples.)
No statement contained in this section shall be construed as preventing any special agreement or arrangement between the Town and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the Town for treatment, subject to payment therefore, by the industrial concern. Such agreements shall be made within the guidelines of the federal pretreatment requirements pursuant to Section 307 of the Clean Water Act.
No person(s) shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the wastewater facilities. Any person(s) violating this provision shall be subject to immediate arrest under charge of disorderly conduct.
The Town Engineer and other duly authorized employees of the Town bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing pertinent to discharge to the community system in accordance with the provisions of this article.
The Town or other duly authorized employees are authorized to obtain information concerning industrial processes which have a direct bearing on the kind and source of discharge to the wastewater collection system. The industry may withhold information considered confidential. The industry must establish that the revelation to the public of the information in question might result in an advantage to competitors.
While performing the necessary work on private properties referred to in Subsection A above, the Town Engineer or duly authorized employees of the Town shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the Town employees; and the Town shall indemnify the company against loss or damage to its property by Town employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in § 240-5.
The Town Engineer and other duly authorized employees of the Town bearing proper credentials and identification shall be permitted to enter all private properties through which the Town holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the wastewater facilities lying within said easement. All entry and subsequent work, if any, on said easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
Authorized representatives of the New York State Department of Environmental Conservation (NYSDEC) and the United States Environmental Protection Agency (USEPA) shall have the same authority to inspect the original sample and test it as is granted the Town Engineer hereunder.
Grease trap/interceptors shall be installed in all commercial and industrial establishments subject to this chapter when there is the presence of, or potential presence of, fats, oils, grease and/or other objectionable substances that may adversely affect the public sewer system. All grease trap/interceptors shall be of a type and capacity approved by the Town Engineer, except such grease trap/interceptors shall not be required for private living quarters or dwelling units. Each grease trap/interceptor shall be readily accessible for cleaning and maintenance.
[Added 6-6-2017 by L.L. No. 10-2017]
Fats, oils and grease can have a detrimental impact on the public sewer collection and treatment system, as well as the environment. Proprietors of establishments and owners of all properties subject to this chapter shall follow best management practices for regular inspections and maintenance of grease traps and interceptors. Best management practices shall be provided upon request from the Engineering Department and will be made available through the Town website. It shall be the responsibility of property owners to inspect and/or clean grease trap/interceptors a minimum of once every 180 days, unless more frequent cleaning is required by the type of usage at the location or when dictated by Health Department or other regulatory standards. Such inspection and/or cleaning shall ensure that all accumulated fats, oils and grease do not enter the public sewer system.
[Added 6-6-2017 by L.L. No. 10-2017]
All fats, oils and grease removed shall be disposed of in an acceptable and legal manner by a professional service company, duly licensed to haul such waste. All documentation of inspections and cleanings shall be maintained on the premises and available for inspection by the Town Engineer or his authorized representative. Such documentation shall be maintained for a period of not less than five years.
[Added 6-6-2017 by L.L. No. 10-2017]
A yearly compliance report shall be filed with the Town's Engineering Department by October 31 of each calendar year or the next business day if October 31 falls on a day that Town Hall is closed for business. At a minimum, the compliance report shall include dates of inspection, quantity of material removed (if any), copy of receipt(s), any deficiencies noted, name and license number of the service company that performed the service and location of waste disposal/recycle facility. Such report shall be verified as true by proprietors of establishments and owners of all properties subject to this chapter. The Town Engineer will provide an inspection report template upon request.
[Added 6-6-2017 by L.L. No. 10-2017]
Inspection. At any reasonable hour of the day, or if a problem related to fats, oils and/or grease is identified downstream of an establishment with a grease trap/interceptor, the Town Engineer or other duly authorized employee of the Town bearing proper credentials and identification may require access to inspect the grease trap/interceptor and to inspect the records of maintenance or cleaning of said grease trap/interceptor. The Town Engineer may require that nonfunctioning grease trap/interceptor be replaced or repaired when it is determined that the fats, oils and/or grease collecting efficiency and/or maximum effective vessel capacity is not acceptable either by size, type, design or condition. It shall be unlawful to attempt cleaning of any interceptor through the introduction of any caustic, acid or other toxic chemicals for such purposes. The Town reserves the right at the discretion of the Town Engineer to require a maintenance agreement with an appropriate escrow, which the Town may use in subsequent years to ensure the required inspection, maintenance and reporting requirements are followed.
[Added 6-6-2017 by L.L. No. 10-2017]
Whenever any person desires to make or maintain any new connection to a grease trap/interceptor to the public sewer for the purpose of discharging sewage or waste which contains fats, oils, grease and/or other objectionable substances, such person shall apply to the Town's Engineering Department for a connection permit for said purpose. Said connection permit shall be issued only when the Town Engineer is satisfied that an adequate grease trap/interceptor has been provided to prevent such fats, oils, grease and/or other objectionable substances from entering the public sewer. Said permit shall be issued only upon payment to the Engineering Department of the sum as set in the master fee schedule and shall expire one year after the date of its issuance.
[Added 6-6-2017 by L.L. No. 10-2017]
Fines. Any person, firm or corporation convicted of a violation of the provisions of this chapter, for failing to comply with filing the compliance report within 30 days of the established deadline date, shall be guilty of a violation and punishable by a fine not exceeding $1,250; for a second conviction, punishable by a fine not exceeding $1,750; for a third or any subsequent conviction, punishable by a fine not exceeding $2,000. Every day that the violation existed shall be deemed a separate violation.
[Added 6-6-2017 by L.L. No. 10-2017]
For the purpose of adequately funding the various sewage treatment plants and the various sewer systems within the Town of Yorktown, said treatment plants and/or sewer systems shall be consolidated into operating districts, the definitions of which are as follows:
Each sewage treatment plant in the Town of Yorktown, operated and maintained by the Town of Yorktown, together with the areas actively serviced by said plant, shall constitute a sewage treatment operating district.
Each area in the Town of Yorktown serviced by a functioning sewer system operated and maintained by the Town of Yorktown, but not serviced by a sewage treatment plant operated and maintained by the Town of Yorktown, shall constitute a lateral sewer operating district.
Moneys shall be collected from owners of residences, commercial establishments and structures receiving Town-operated and maintained sewer service (Town sewer service) within an operating district. The total funds collected within a district shall be sufficient to meet the operating and maintenance (O & M) costs of that district.
Whenever a residence, a commercial establishment or a structure, beyond the boundaries of an operating district, receives Town sewer service, that residence, commercial establishment or structure shall become a part of that sewage treatment operating district or lateral sewer operating district for purposes of carrying its portion of the operating and maintenance charges, and Subsection B hereof shall apply.
The Yorktown Heights Sewage Treatment Plant, with its ancillary trunk sewers, lateral sewers and pump stations, together with those residences, commercial establishments and structures serviced by this sewage treatment system, shall constitute the Hallocks Mill Sewage Treatment Operating District. The O & M charges for this district shall be as follows:
Residences, commercial establishments and other structures located within the boundaries of the Hallocks Mill Sewage Treatment Operating District (Hallocks Mill Sewer Drainage Basin) which receive sewer service from the district shall be charged a rate based on water consumption. This computed rate shall occur only when the fixed rate specified in Subsection D(2) is exceeded due to consumption. The current rate for sewer service shall be billed at a rate as set forth in the Master Fee Schedule per 1,000 gallons of water consumption. The minimum charge for a four-month billing cycle shall be based upon minimum water usage of 13,000 gallons.
[Amended 8-6-1996 by L.L. No. 16-1996; 6-6-2017 by L.L. No. 9-2017]
Residences, individual apartments, commercial establishments and other structures located within the boundaries of the Hallocks Trial Sewage Treatment Operating District which receive sewer service from the district shall be charged a minimum flat rate to defray fixed operation and maintenance costs.
The Osceola Sewer Districts tributary to the Westchester County Peekskill Sanitary Sewer District with their ancillary trunk sewers, lateral sewers and pump stations, together with those residences, commercial establishments and structures serviced by this sewage treatment system, shall constitute the Osceola Lateral Sewer Operating District. The operation and maintenance for this district shall be as follows: residences, individual apartments, single commercial establishments, individual commercial establishments within a cluster of commercial establishments and other structures located within the boundaries of the Osceola Lateral Sewer Operating District which receive sewer service from the district shall each be charged a flat rate to defray operating and maintenance costs.
The Hunterbrook Pump Station, with its ancillary trunk sewers, lateral sewers and pump stations, together with those residences, commercial establishments and structures serviced by this sewage treatment system, shall constitute the Hunterbrook Pump Station Operating District. The operation and maintenance charges for this district shall be as follows: properties within the district will be charged based upon the unit assessment for the Hunterbrook Pump Station.
[Amended 5-18-1999 by L.L. No. 6-1999]
The properties listed below, hereinafter referred to as the "Hunterbrook County Buy-In District (HCBD)," shall be charged a surcharge calculated to be a total of $428,184, to be collected in 10 annual payments of $42,818.40, said surcharge being that charge levied by virtue of the amendment to the Peekskill Sanitary Sewer District, pursuant to an act passed by the Honorable Board of Legislators for the County of Westchester as Act 195-1997.
Said surcharge shall be charged to all the properties in the Lakeside Sewage Treatment Operating District on an ad valorem basis.
The properties are listed as follows:
The property designated as 0324-46-7, 7.1, 8; 0806-7-193, 194, 195, 196, 197, 198, 199, 200, 201, 202, 203, 204, 205, 206, 207, 208, 209; 0807-1; 0807-1-1, 2, 3, 4, 5, 6, 7; 0802-2; 0802-2-1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51; 0809-7-49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192; 0810-7-1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 68, 69, 70, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102; 0901-8-4.1, 4.2, 4.3, 4.4, 4.5, 4.6, 4.7, 4.8, 4.9, 4.10, 4.11, 4.12, 4.1.3, 4.14, 4.15; 0810-9.1-.002, 1.1, 1.2, 1.3, 1.4, 1.5, 1.6, 1.7, 1.8, 1.9. 1.10, 1.11, 1.12, 1.13, 1.14, 1.15, 1.16, 1,17, 1.18, 1.19 on the assessment maps of the Town of Yorktown and special franchise property temporary accounts C666100, C672300, F950100, F950400, F950500, all known as "Lakeside Village Sewer District - Original;" "Lakeside Village Sewer District - Extensions 1, 2 and 3;" and "Hunterbrook Sewer District - Extension 1 and 2."
Property designated as 0324-46-7, 7.1, 8; 0806-7-193, 194, 195, 196, 197, 198, 199, 200, 201, 202, 203, 204, 205, 206, 207, 208, 209; 0807-1; 0807-1-1; 2, 3, 4, 5, 6, 7; 0808-2; 0808-2-1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51; 0809-7-49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192; 0810-7-1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 68, 69, 70, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102; 0901-84.1, 4.2, 4.3. 4.4, 4.5, 4.6, 4.7. 4.8, 4.9, 4.10, 4.11, 4.12, 4.13, 4.14, 4.15; 0810-9.1-.002, 1.1, 1.2, 1.3, 1.4, 1.5, 1.6, 1.7, 1.8, 1.9, 1.10, 1.11, 1.12, 1.13, 1.14, 1.15, 1.16, 1.17, 1.18, 1.19 on the assessment maps of the Town of Yorktown and special franchise property temporary accounts C666100, C672300, F950100, F950400, F950500, all known as "Lakeside Village Sewer District - Original;" "Lakeside Village Sewer District - Extensions 1, 2 and 3;" and "Hunterbrook Sewer District Extension 1 and 2."
The Chalet pump station, with its ancillary lateral sewers, together with those residences, commercial establishments and structures serviced by this sewage treatment system shall constitute the Chalet Lateral Sewer Operating District. The O & M charges for this district shall be as follows: residences, commercial establishments and other structures located within the boundaries of the Chalet Lateral Sewer Operating District which receive sewer service from the district shall be charged to defray variable operation and maintenance costs. The current rate for sewer service shall be billed at a rate as set forth in the Master Fee Schedule per 1,000 gallons of water consumption. The minimum charge for a four-month billing cycle shall be based upon minimum water usage of 13,000 gallons.
[Amended 8-6-1996 by L.L. No. 16-1996; 6-6-2017 by L.L. No. 9-2017]
The properties connected to the Westchester County Peekskill Sewer Plant, and not included in any Town lateral sewer operating district, shall be included in the Shrub Oak Lateral Sewer Operating District. The Shrub Oak Lateral Sewer Operating District, with its ancillary lateral sewers and pump stations, together with those residences, commercial establishments and structures serviced by this sewage treatment system, shall constitute the Shrub Oak Lateral Sewer Operating District. The O & M charges for this district shall be as follows: residences, commercial establishments and other structures located within the boundaries of the Shrub Oak Lateral Sewer Operating District which receive sewer service from the district shall be charged a rate based on water consumption. This computed rate shall be charged to defray variable operating and maintenance costs. The current rate for sewer service shall be billed as set forth in the Master Fee Schedule per 1,000 gallons of water consumption. The minimum charge for a four-month billing cycle shall be based upon minimum water usage of 13,000 gallons.
[Amended 8-6-1996 by L.L. No. 16-1996]
The Town Board may, in the instance of a private wastewater facility located within a subdivision or site, where the same is planned to be connected to a public wastewater facility, and where ownership of the same is planned to be conveyed to the Town, permit the private wastewater facility to be activated prior to conveyance. The owner, in the letter of application to the Town Board, will agree to operate the facility under the supervision of the Town in accordance with the rules and regulations of the Westchester County Health Department. When permission is granted by the Town Board, the owner of said private facility shall post a cash bond to cover four years projected maintenance costs of said facility, which will be used to defray emergency maintenance service performed by the Town on the private facility. The cash bond will be drawn upon if the owner fails to act promptly in case of emergency and if the owner fails to reimburse the Town in reasonable time when the Town provides said emergency services. The unexpended balance of the bond will be returned to the owner upon conveyance of the private facility to the Town.
The charges for operation and maintenance to be paid by those residences, commercial establishments and structures within an operating district shall be set by the Town Board.
The Town Board shall review the operating districts' charges annually. These charges shall be revised periodically to sufficiently reflect the actual operation and maintenance costs that accrue to the respective operating district.
This article shall be enforced by the Town Engineer.
Any person who shall violate or fail, neglect or refuse to comply with any provision of this article or any rule, regulation, order or special direction duly made thereunder shall, upon conviction thereof, be punished by a fine of not more than $500 or by imprisonment not exceeding six months, or by both such fine and imprisonment, and each week such violation shall continue shall constitute a separate offense.
Industrial discharges are not authorized until such time as minimum NYSDEC/USEPA regulation recommendations are approved and adopted by the Town Board and incorporated in this article.
[Adopted 3-15-2011 by L.L. No. 3-2011]
The Town of Yorktown hereby finds that it is necessary to the health, safety and welfare of the residents of the Town of Yorktown that separate sewage disposal systems operate and be maintained in a manner that will prevent, to the extent possible, hazards to the public health and to protect the drinking water supply of the Town of Yorktown and drinking water supplies which pass through the Town of Yorktown.
This article is intended to implement the provisions of Part IX.A.3.b of the New York State Department of Environmental Conservation, SPDES General Permit GP-0-08-002 ("permit") for Stormwater Discharges from Municipal Separate Storm Sewer Systems (MS4) effective May 1, 2008, which require that the Town implement, through the enactment of the necessary legal authority, and enforce a program to ensure that separate sewage disposal systems/on-site wastewater treatment systems are inspected and, where necessary, maintained or rehabilitated as required by Part IX.A.3.b of the permit and/or similar provisions in successor permits.
As used in this article, the following terms shall have the meanings indicated:
- APPEALS AUTHORITY
- The Town Engineer.
- The evacuation and removal of septage from a separate sewage disposal system/on-site wastewater treatment system and subsequent reporting by a septage collector that is licensed by the Westchester County Department of Health pursuant to §§ 873.722, 873.724 and 873.726 of the Westchester County Sanitary Code (see Appendix for complete codes).
- SEPARATE SEWAGE DISPOSAL SYSTEM/ON-SITE WASTEWATER TREATMENT SYSTEM
- A system or facilities or means for the treatment or modification or ultimate disposal of waterborne sewage or domestic wastes or trade wastes or offensive material, regardless of location with respect to any building or structure or premises thereby served, including but not limited to septic tanks. Such system shall include, but shall not be limited to, facilities for the treatment or modification or required control of harmful or deleterious substances, as defined in § 873.721 of the Westchester County Sanitary Code, before subsurface discharge.
- The contents of a septic tank or other separate sewage disposal system/on-site wastewater treatment system which receives sanitary sewage waste.
- SEPTAGE COLLECTOR
- An individual or entity licensed by the Westchester County Commissioner of Health who engages in the performance of any one or more of the following services, or who offers to provide any one or more of the following services for a fee, in Westchester County, with respect to separate sewage disposal systems: evacuation, removal, collection or transportation of septage.
Editor's Note: Said Appendix is included at the end of this chapter.
Beginning on May 1, 2011, the owner of any parcel located within the Town of Yorktown which relies upon a separate sewage disposal system/on-site wastewater treatment system for the treatment or modification or ultimate disposal of waterborne sewage or domestic wastes or trade wastes or offensive material, with respect to any building or structure thereon, shall cause an inspection to be performed on said separate sewage disposal system/on-site wastewater treatment system at a frequency as required by the permit and/or successor permits. As of the effective date of this article, such frequency is once every five years.
Upon the completion of any inspection, every owner shall maintain a copy of the most recent record of such inspection as required by § 873.724 of the Westchester County Sanitary Code, which will be provided to the owner by the septage collector, for a minimum of six years.
The appeals authority shall not grant a waiver or exemption from any of the requirements of this article.
The appeals authority may vary the time requirements as referenced within this article, upon the submission and consideration of evidence which may necessitate an extension of time to comply with all aspects of this article. Such extension shall not exceed 180 days.
Any owner of a parcel which is located in the Town of Yorktown and is served by a separate sewage disposal system/on-site wastewater treatment system that violates the provision of this article, shall be guilty of a violation and shall be subject to a penalty as follows:
The Town Engineer shall first issue a written notice of violation to the owner informing the owner of the anticipated imposition of penalties if the violation is not corrected within 30 days.
If the violation is not remedied within 30 days, the owner shall be subject to a fine not to exceed $200 for each violation. Thereafter, beginning on the 31st day of the continuing violation, the owner shall be subject to a fine in the amount of $200 for each fourteen-day period until the violation is remedied and can be verified in writing by the Town Engineer.