It shall be unlawful for any person to place, deposit or permit to be deposited on public or private property within the Village of Pomona or in any area under the jurisdiction of said municipality any sanitary sewage or industrial waste, except as provided in this chapter.
It shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage, except as hereinafter provided.
It shall be unlawful to discharge to any natural or man-made outlet any sewage or other polluted waters except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.
[Amended 5-3-1979 by L.L. No. 1-1979]
A. 
All buildings or premises located within the area serviced by a public sewer shall be connected to such public sewer. Those buildings or premises within such area serviced by a public sewer which have privy vaults, cesspools, septic tanks, private sewage systems or similar facilities must terminate such septic use or private sewage connection and connect to such public sewer within six months after being notified in writing that public sewer connection for such building and premises is available, except that any septic system in proper working order may continue to operate as long as it remains in proper working order; provided, however, that the sewer use charges as specified in Article V of this chapter and as reduced by the applicable amount charged by the Joint Regional Sewerage Board are paid in accordance with this chapter. As soon as such septic system fails to operate properly or begins to malfunction, then such septic system must be discontinued and the property connected to the public sewer system in accordance with the procedures outlined in this chapter.
B. 
Below-grade sewer users. The owners of all buildings or premises located within the area serviced by a public sewer, which buildings or premises are below the grade of the sewer line located for such premises, may elect as follows:
(1) 
To continue to use the septic system presently used by such building or premises, as long as the septic system operates properly. During this period the premises shall be exempt from all sewer use charges. In the event, however, that the septic system fails to operate properly or begins to malfunction, then the building or premises must be connected to the public sewer system and the premises shall be exempt from sewer charges for a period of five years from the date of the commencement of such services.
(2) 
To connect such building or premises to the public sewer, in which event the premises shall be exempt from sewer charges for a period of five years from the date of the commencement of such services.
C. 
The Board of Sewer Commissioners shall cause a notice to be published in the official newspaper of the Village requiring the owners or occupants of any and all property fronting or abutting on any street or portion thereof in or upon which any public sewer is about to be laid or is being laid or has been laid by the said Board to make and lay connection pipes to and from the sewer mains in said street or any portion thereof in front of each separate piece of property and, where directed by said Board, as in this section or in other sections of this chapter provided, within such time and in such manner and under such inspection as said Board shall prescribe; and whenever any such owner or occupant shall have defaulted in making such connection with said sewer mains opposite the lands and premises owned or occupied by him, as directed in and required by said printed notice therefor, in the manner and within the time specified, the said Board shall have power and authority to so make, extend and complete the same to the property line of the lands and premises so owned or occupied opposite thereto and in front thereof and to connect the same with any existing connecting pipes in front thereof. The actual expense thereof, including all labor done and materials used in doing and completing the same, shall be assessed by the Trustees of the Village upon each separate piece of property opposite which the same shall be done and completed, and shall be a lien and liens on said premises and lots of land respectively. The same shall be collected in the same manner as other local assessments or assessments for local improvements, as provided by the special Charter of the Village or the general Village laws of the state, as the case may be. When so collected, the amount thereof shall be paid into the Sewer Fund of the Village, except that any septic system in proper working order may continue to operate as long as it remains in proper working order. As soon as such septic system fails to operate properly or begins to malfunction, then such septic system must be discontinued and the property connected to the public sewer system in accordance with the procedures outlined in this chapter.
D. 
The Board of Sewer Commissioners shall also have authority to determine the manner and conditions under which said building sewers shall be installed and maintained and shall have authority to install and maintain said building sewers and to adopt such uniform service charges as it deems just for each building sewer so connected with the public sewer and extending to the street or right-of-way lines, regardless of the location of said public sewer within said street or right-of-way lines and regardless of the soil, rock or other physical conditions within said street or right-of-way lines. Notice shall be served pursuant to Subsection C hereinabove.
E. 
Such uniform service charge as the Board may adopt shall be any percentage of the cost up to but not exceeding the average actual cost of installing such building sewers as before described. Such percentage of the average actual cost of installing such building sewers as may not be charged shall be borne by the Village. Should the owner of property so connected default, the Board shall act in the manner prescribed in Subsection C hereinabove.
F. 
The said Board shall have authority to apply such percentage of the average actual cost of installing such building sewers as the Village may pay to such other building sewer connection for the same property or properties as in the judgment of the Board may be advisable.
[Amended 2-8-1988 by L.L. No. 1-1988]
When such public sewer connection is completed, existing sewage disposal facilities, including privy vaults, cesspools, septic tanks, private sewage systems or similar facilities, shall immediately be disconnected, filled in where required and made as safe as possible and abandoned, under the inspection and approval of the Code Enforcement Officer.
[Amended 2-8-1988 by L.L. No. 1-1988]
Where a public sewer system is not available, the building or premises may be connected to such private sewage disposal system complying with the provisions of this chapter and in accordance with the requirements of the Rockland County Health Department until such time as a public sewer system becomes available to such building and premises.
[Amended 2-8-1988 by L.L. No. 1-1988]
Before proceeding to make any such connection, the Code Enforcement Officer or such other official or department of the municipality as may hereafter be designated by the municipality shall cause notice of such contemplated installation or connection to be given to the owner of any properties affected thereby. The notice shall contain a description of the property affected, sufficiently definite in terms to identify it, as well as a description of the required connection and notice that unless the connection shall be completed within 30 days after the service thereof, the municipality will proceed to make such connection or cause the same to be done pursuant to the authority of § 110-5 hereinabove. The notice shall be served by certified mail.
When any such sewer connection shall be made by the municipality, a true and accurate account of the cost and expense shall be kept and apportioned to the property or the properties thereby connected with the sewers, and a true statement of such costs under oath shall be furnished by such official or department of the municipality as may hereafter be designated by the municipality and filed with the Village Clerk. The municipality shall examine the same and, if properly made, shall confirm it and file such statement with the Village Clerk of the municipality. The Village Clerk shall record the cost of the installation of the sewer connection in the same book in which he records other assessments.
Every such sewer connection charge shall bear interest and penalties from the same time and at the same rate as assessments for local improvements in the municipality, and from the time of confirmation shall be a first and paramount lien against the respective property or properties so connected with the sewer to the same extent as assessments for local improvements and shall be collected and enforced in the same manner.
No such charge for sewer connections shall be invalid by reason of any error or omission in stating the name of the owner or owners of properties affected by such sewer connections, nor for any other informality, where such property or real estate has actually been improved by such sewer connection.
A. 
The Board of Trustees of the Village of Pomona, by resolution duly adopted, after public hearing within 10 days' written notice to owners within 200 feet of the applicant's property, may waive the provisions of this article requiring connection with the sanitary sewer system upon the following grounds:
(1) 
Where said municipality finds evidence of substantial hardship because of unusual physical conditions; or
(2) 
Where it is found that the operation of the present septic tank system is adequate.
B. 
The said waiver shall be for a period to be determined by the Board, such period not to exceed three years.
All connections and operations of sewers provided for herein shall be made pursuant to such rules, regulations and standards as the Board of Sewer Commissioners shall promulgate, which shall be a public record in the office of the Village Clerk.