[Adopted 12-21-1982 by L.L. No. 14-1982]
A.
BIOCHEMICAL OXYGEN DEMAND (BOD)
BUILDING DRAIN
BUILDING SEWER
COMBINED SEWER
EASEMENT
FLOATABLE OIL
GARBAGE
INDUSTRIAL WASTES
NATURAL OUTLET
PERSON
pH
PROPERLY SHREDDED GARBAGE
PUBLIC SEWER
SANITARY SEWER
SEWAGE
SEWER
SLUG
STORM DRAIN (sometimes termed "storm sewer")
SUSPENDED SOLIDS
TOWN ENGINEER
UNPOLLUTED WATER
UNUSUAL (EXCESSIVE) WASTEWATER CHARACTERISTICS
(1)
(2)
(a)
(b)
(c)
WASTEWATER
WASTEWATER FACILITIES
WASTEWATER TREATMENT WORKS
WATERCOURSE
Unless the context specifically indicates otherwise,
the meaning of the terms used in this article shall be as follows:
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20º C., expressed in milligrams per liter.
That part of the lowest horizontal piping of a drainage system
which receives the discharge from soil, waste and other drainage pipes
inside the walls of the buildings and conveys it to the building sewer,
beginning five feet (1.5 meters) outside the inner face of the building
wall.
The extension from the building drain to the public sewer
or other place of disposal; also called "house connection."
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.
Oil, fat or grease in a physical state such that it will
separate by gravity from wastewater by treatment in an approved pretreatment
facility. A wastewater shall be considered free of floatable fat if
it is properly pretreated and the wastewater does not interfere with
the collection system.
The animal and vegetable waste resulting from the handling,
preparation, cooking and serving of foods.
The wastewater from industrial processes, trade or business
as distinct from domestic or sanitary wastes.
Any outlet, including storm sewers and combined sewer overflows,
into a watercourse, pond, ditch, lake or other body of surface water
or groundwater.
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.
The wastes from the preparation, cooking and dispensing of
food that have been shredded to such a degree that all particles will
be carried freely under the flow conditions normally prevailing in
public sewers, with no particle greater than 1/2 inch (1.27 centimeters)
in any dimension.
A common sewer controlled by a governmental agency or public
utility.
A sewer that carries liquid and water-carried wastes from
residences, commercial buildings, industrial plants and institutions
together with minor quantities of groundwater, stormwater and surface
waters that are not admitted intentionally.
The spent water of a community. The preferred term is "wastewater."
A pipe or conduit that carries wastewater or drainage water.
Any discharge of water or wastewater which in concentration
of any given constituent or in quantity of flow exceeds for any period
of duration longer than 15 minutes more than five times the average
twenty-four-hour concentration or flows during normal operation and
shall adversely affect the collection system and/or performance of
the wastewater treatment works.
A drain or sewer for conveying water, groundwater, subsurface
water or unpolluted water from any source.
Total suspended matter that either floats on the surface
of or is in suspension in 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."
The Town Engineer of the Town of Yorktown, or his authorized
deputy, agent or representative.
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.
Section 307 of the Clean Water Act.
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.
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.
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.
The structures, equipment and processes required to collect,
carry away and treat domestic and industrial wastes and dispose of
the effluent.
An arrangement of devices and structures for treating wastewater,
industrial wastes and sludge. Sometimes used as synonymous with "waste
treatment plant" or "wastewater treatment plant" or "water pollution
control plant."
A natural or artificial channel for the passage of water
either continuously or intermittently.
B.
"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.
A.
It shall be unlawful for any person to place, deposit
or permit to be deposited in any unsanitary manner on public or private
property within the Town of Yorktown or in any area under the jurisdiction
of said Town, any human or animal excrement, garbage or objectionable
waste.
B.
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.
C.
Except as hereinafter provided, it shall be unlawful
to construct or maintain any privy, privy vault, septic tank, cesspool
or other facility intended or used for the disposal of wastewater.
D.
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.
E.
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.
A.
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.
B.
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.
C.
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]
D.
No statement contained herein shall be construed to
interfere with any additional requirements that may be imposed by
the County Health Officer.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
J.
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:
(1)
All openings into any sewer shall be made carefully
without injuring the same and in accordance with New York State Uniform
Code standards.
(2)
No obstruction of any description whatsoever shall
be left in the connection.
(3)
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.
(4)
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.
(5)
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.
(6)
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).
(7)
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.
K.
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.
L.
The provisions of the New York State Uniform Code
applicable to plumbing shall apply, except as required herein.
A.
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.
B.
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.
C.
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,
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.
(3)
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.
(4)
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.
D.
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:
(1)
Any liquid or vapor having a temperature higher than
150º F. (65º 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 viscous at temperatures between
32º F. and 150º F. (0º C. and 65º C.).
(3)
Wastewater from industrial plants containing floatable
oils, fat or grease.
(4)
Wastewater containing more than 25 milligrams per
liter of petroleum oil, nonbiodegradable cutting oils or products
of mineral oil origin.
(5)
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.
(6)
Any waters or wastes containing strong acid pickling
wastes or concentrated plating solutions, whether neutralized or not.
(7)
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.
(8)
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.
(9)
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.
(10)
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.
(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.
(12)
Any waters or wastes having pH in excess of 9.5.
(13)
Materials which exert or cause:
(a)
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).
(b)
Excessive discoloration (such as, but not limited
to, dye wastes and vegetable tanning solutions).
(c)
Unusual BOD, chemical oxygen demand or chloride
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.
(14)
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.
E.
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:
F.
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.
G.
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.
H.
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.
I.
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.
J.
The Town Engineer may require a user of sewer services
to provide information needed to determine compliance with this article.
These requirements may include:
(1)
Wastewaters discharge peak rate and volume over a
specified time period.
(2)
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 user's property showing
sewer and pretreatment facility 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.
K.
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.)
L.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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]
G.
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]
H.
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]
I.
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]
J.
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]
K.
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]
L.
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]
A.
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:
(1)
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.
(2)
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.
B.
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.
C.
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.
D.
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:
(1)
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[1] 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]
(2)
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.
E.
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.
F.
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]
(1)
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.
(2)
Said surcharge shall be charged to all the properties
in the Lakeside Sewage Treatment Operating District on an ad valorem
basis.
(3)
The properties are listed as follows:
(a)
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."
(b)
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."
G.
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[2] 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]
H.
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[3] 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]
I.
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.
J.
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.
K.
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.
