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 or in any area under the jurisdiction of said municipality, any human
or animal excrement, garbage or objectionable waste.
It shall be unlawful to discharge to any natural outlet within the Town
or in any area under the jurisdiction of said municipality any wastewater
or other polluted waters, except where suitable treatment has been provided
in accordance with subsequent provisions of this Part 1.
No property owner, builder or developer shall be issued a building permit
for a new dwelling or structure requiring sanitary facilities unless a suitable
and approved method of wastewater disposal, conforming to this Part 1, is
available. All housing construction or building development which takes place
after this Part 1 is enacted shall provide for an approved system of sanitary
sewers.
Except as hereinafter provided, it shall be unlawful to construct or
maintain any privy, privy vault, cesspool, septic tank or other facility intended
or used for disposal of wastewater.
A.
Notification to connect. Within two years of the first
publication of official notification by the Town Board of the completion of
a public sewerage system or of any extension thereof within the duly constituted
sewer districts of the Town of Newburgh, the main drain of every building
upon premises, except as hereinafter provided, abutting on any street, road,
lane or right-of-way in which a public sewer is laid shall be connected therewith,
provided that capacity exists and that the public sewer is within 200 feet
of the property, in the manner hereinafter provided, and all slops, contaminated
water, liquid waste and spent water supplied of every description, except
if it shall be of such nature as hereinafter specifically prohibited, shall
be discharged into a properly laid pipe emptying directly into said public
sewer. The Town Clerk shall publish the official notification in the official
newspaper of the Town at least twice.
B.
Exceptions, exemptions and waivers.
(1)
Notwithstanding the foregoing, in the event that the
owner of an abutting premises as described above can prove to the reasonable
satisfaction of the Town Board or such Town officer or employee as the Board
shall designate that the premises' present sanitary disposal system has
been recently installed or has had major rehabilitation and has received design
approval certified by a qualified licensed professional engineer or a licensed
land surveyor with an "N" exemption pursuant to § 7208 of the Education
Law, connection shall be required within the number of years from the date
of official notification set forth in the following table:
|
Age of Sanitary Disposal System
(years)
|
Number of Years Within Which Mandatory Hookup to Sanitary System
Is Required
| |
|---|---|---|
|
1 or less
|
10
| |
|
2 or less
|
9
| |
|
3 or less
|
8
| |
|
4 or less
|
7
| |
|
5 or less
|
6
| |
|
6 or less
|
5
| |
|
7 or less
|
4
| |
|
8 or less
|
3
| |
|
Over 8
|
2
|
(2)
A special exemption from the sewer connection requirements
may be granted or conditionally granted by the Town Board upon receipt of
a recommendation by the Building Inspector and a finding that said requirements
will cause extraordinary and unnecessary hardship, provided that the property
owner demonstrates a working sanitary disposal system and certification thereof
by a licensed professional engineer. If the system fails or is determined
to be inadequate by the appropriate officials, the system will no longer be
exempt, and hookup to the public sewer system will be mandatory.
(3)
The aforesaid exceptions and exemptions shall not apply
and connection shall mandatory in the event that federal, state or county
law, rule or regulation, including but not limited to any law, rule or regulation
relating to public sewer project funding or financing, requires connection.
C.
Time limitation; conditions.
(1)
The Sanitary Inspector may order that the main drain
of any building upon premises abutting on any street, road, lane or right-of-way
in which a public sewer is laid determined by the Orange County Department
of Health or the Town Sanitary Inspector or other designated Town officer
or employee to have existing sewage disposal facilities which are inadequate
or which do not function properly shall be connected with the public sewer
system.
(2)
Within 30 days of the issuance of an order to connect
and in such manner and under such inspection as the Town Board shall prescribe,
the owner of any existing building or buildings subject to an order to connect
located in the Town upon premises abutting on any street, road, lane or right-of-way
in which a public sewer is laid shall cause the sewerage system of such building
or buildings to be connected with said public sewer, and at any tame after
the publication of notice, provided capacity exists, the owner of any other
such building or buildings not so ordered may cause the sewerage system of
such building or buildings to be connected with said public sewer in such
manner and under such inspection as the Town Board may prescribe, and any
cesspool or privy vault on said premises shall be thoroughly cleaned, disinfected
and refilled with fresh earth or ashes to the satisfaction of the Board of
Health.
D.
Costs and expenses. All costs and expenses incident to
the installation and connection of the building sewer, as well as maintenance
and repair or replacement of said building sewer, shall be borne by the owner.
The owner shall indemnify the Town of Newburgh from any loss or damage that
may directly or indirectly be occasioned by the installation, maintenance,
repair or replacement of the building sewer.
The use of the Town public sewers shall be strictly limited and restricted, except as provided in § 148-12, to receive and accept the discharge of sewage and other wastes, including industrial wastes, generated on or discharged from real property within the bounds of the service area of the POTW.
A.
The Town Board, on the recommendation of the Superintendent
or Town Engineer and the approval of the City of Newburgh, shall have the
authority to enter into agreements to accept sewage and other wastes, including
industrial wastes, generated by or discharged from persons outside the service
area of the POTW.
B.
If the person is a municipality, that municipality shall
have enacted a Sewer Use Law as restrictive on the discharge of sewage and
other wastes as the restrictions contained in this Part 1. If the person is
not a municipality, the discharge shall be made only with the expressed written
consent of the Superintendent or Town Engineer (the issuance of a permit)
setting forth the terms and conditions of such a discharge.
C.
The admission into the public sewers of any waters or
wastes having any of the following characteristics shall be subject to the
review and approval of the Superintendent of the Town Sewer Department:
At the recommendation of the Town Engineer, who determines that one
or more segments of the POTW is exceeding its hydraulic capacity at any time
or any specific purpose of this Part 1 is being violated, the Town Board shall
have the authority to limit or deny new connections to the POTW until the
conditions leading to the moratorium are corrected. Such correction may be
by:
All requirements, directives and orders calling for mandatory use of
the sewers within the service area of the POTW and for the proper discharge
of sewage and other wastes, including industrial wastes, shall be established
and given by the Town Board, NYSDEC, USEPA and/or other such state or federal
agencies which have enforcement powers.
