Exciting enhancements are coming soon to eCode360! Learn more 🡪
Town of Wawayanda, NY
Orange County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
It shall be unlawful for any person to place, deposit, or permit to be deposited, in any unsanitary manner or in any manner not compliant with this chapter, on public or private property, within the Town or in any area under the jurisdiction of the said municipality, any human or animal excrement, garbage, or objectionable waste. Also, no person shall discharge domestic, normal or sanitary sewage onto the surface of the ground or discharge it in a way that permits it to come to the surface of the ground.
No person shall connect a private sewage system so that sewage flows into a storm sewer or into a drain intended exclusively for stormwater or so that stormwater flows into a sanitary sewer.
No person shall discharge sewage into a well.
It shall be unlawful to discharge to any natural outlet, within the Town or in any area under the jurisdiction of the Town, any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.
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 chapter, is available. All housing construction or building development which takes place after this chapter 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, or other facility intended or used for disposal of wastewater unless such facility was in existence and functioning properly when this chapter was enacted. Any such preexisting, properly functioning facilities may be continued, maintained and repaired with the approval of the Building Inspector or the Town Engineer.
The owner(s) of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, new and existing, 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 sewer, is hereby required, at the owner's expense, install suitable sanitary facilities therein, drain subsurface and surface water on the premises, and connect such facilities directly with the proper public sewer in accordance with the provisions of this chapter and under the supervision of the System Operator, provided that said public sewer is within 100 feet of the property line and is operational. Such a connection shall be in accordance with the provisions of this chapter. Notwithstanding the foregoing, a single-family residence will not be required to connect to such sewer district facilities and to the public sewer if the single-family residence is served by a properly operating private septic disposal system. The owner of such single-family residence may connect to the public sewer if the property owner so chooses.
The use of the Town public sewers shall be strictly limited and restricted to receiving and accepting the discharge of sewage and other wastes generated on or discharged from real property within the bounds of the service area of the POTW.
A. 
The owner of all houses, buildings, or property used for human occupancy, employment, recreation, or other purpose situated within a sewer district in the Town is hereby required at his/her/its expense to install sanitary sewer facilities therein and to connect such facilities directly to the appropriate public sewer collection system, provided that said public sewer is within 100 feet of the property line and is operational. Such a connection shall be in accordance with the provisions of this chapter as provided for herein.
B. 
Once a public sewer has been constructed within 100 feet of an owner's property line and becomes operational, the Town will send a notice to such owner's address as maintained by the Assessor for the Town. The notice will be sent by first-class mail and certified mail to the owner indicating that the public sewer has been constructed within 100 feet of the owner's property line. Within one year of the mailing of the notice by the Town, an owner of property used for any purpose other than a single-family residence shall connect his/her/its building or other structure to the public sewer. If a property is used for a single-family residence and is being served by a properly operating private septic disposal system and that property is located within 100 feet of a public sewer, the owner of the single-family residence is not required to connect the single-family residence to the public sewer, although the owner of such residence may do so. If the single-family residence or the property itself is converted to a nonresidential use or a use other than a single-family residence, then the owner of such property shall connect his/her/its building or other structure to the public sewer within one year of the conversion to the non-single-family residential use. If the owner of a property used for other than a single-family residence converted does not connect to the public sewer within the one-year period, the Town will send a notice that the owner is in violation of this section and has 90 days from receipt of the notice to connect to the public sewer before being in violation of this section. The property owner will then have an additional ninety-day period to connect to the public sewer, and if such connection is not made within the ninety-day period, then the owner will be in violation of this section.
A. 
The Town Board, on the recommendation of the Town Engineer, 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 chapter.
C. 
If the person is not a municipality, the acceptance shall be made only with the expressed written consent of the Town Board, in its sole discretion, setting forth the terms and conditions of such an acceptance.
If the Town Board determines that one or more segments of the POTW are exceeding its hydraulic capacity at any time or any specific purpose of this chapter is being violated, then the Town Board shall have the authority to adopt a moratorium limiting or entirely denying new connections to the POTW until the conditions leading to the moratorium are corrected. Such correction may be by construction of new facilities, enlarging existing facilities, correction of inflow and infiltration, or the cleaning and repairing of existing facilities, to the satisfaction of the Town Board.
All requirements, directives, and orders calling for mandatory use of the sewers, within the service area of the POTW, 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 in this subject area.