[HISTORY: Adopted by the Board of Trustees
of the Village of Airmont 3-29-1993 by L.L. No. 32-1993. Amendments
noted where applicable.]
This chapter shall be cited and may be referred
to hereinafter as "A Local Law Regulating Use of Public and Private
Sewers and the Maintenance of Said Sewers Law of the Village of Airmont."
In order to protect the health, safety, and
welfare of the residents of the Village of Airmont, it is the intent
of this chapter to control the discharge of hazardous and noxious
wastes into any sewer servicing the Village of Airmont.
As used in this chapter, the following terms
shall have the meanings indicated:
The extension from the building down to the public sewer
or other place of disposal.
The official in direct supervisory responsibility over the
agency owning or maintaining a sewer.
The liquid wastes from industrial manufacturing processes,
trade or business as distinct from sanitary sewage.
Any individual, firm, company, association, surety, corporation
or group.
A sewer on which all owners of abutting property have equal
rights and which is controlled by public authority.
A sewer which carries sewage and to which storm-, surface
and ground waters are not intentionally admitted.
A combination of the water-carried wastes from residents,
business building institutions and industrial establishments, together
with such ground-, surface and storm waters as may be present.
Any arrangement of devices and structures used for treating
sewage.
All facilities for collecting, pumping treating and disposing
of sewage.
A pipe or conduit for carrying sewage.
A sewer which carries storm and surface waters and drainage,
but excludes sewage and industrial wastes.
A.
It shall be unlawful for any person to discharge to
any natural outlet within the Village of Airmont, or in any area under
the jurisdiction of the Village of Airmont, any sewage or other polluted
waters, except where suitable treatment has been provided.
B.
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 sewage.
C.
The owner of all houses, buildings or properties used
for human occupancy, employment, recreation or other purposes situated
within the Village of Airmont and abutting on any street, alley or
right-of-way on which there is now located or may in the future be
located a public sanitary or combined sewer of the Town of Ramapo
is hereby required at his expense to install suitable toilet facilities
therein and to connect such facilities directly with the proper public
sewer within the required state, county and town regulations, after
date of official notice to do so.
D.
No person shall discharge or cause to be discharged
any stormwater, surface water, groundwater, roof runoff, subsurface
drainage, uncontaminated cooling water or unpolluted industrial process
waters to any sanitary sewer.
E.
Stormwater 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 Director of Public Works
or his assistants. Industrial cooling water or unpolluted process
water may be discharged, on approval of the Director of Public Works
or his assistants, to a storm sewer or natural outlet.
F.
No person shall discharge or cause to be discharged
to any public sewers any of the following described waters or wastes:
(1)
Any gasoline, benzene, naphtha, fuel oil or other
flammable or explosive liquid, solid or gas.
(2)
Any waters or wastes 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
sewage treatment process, create a public nuisance or create any hazard
in the receiving waters of the sewage treatment plant.
(3)
Any water or wastes having a pH lower than 5.5 or
higher than 9.5 or having any other corrosive property capable of
causing damage or hazard to structures, equipment and personnel of
the sewerage works.
(4)
Solids or viscous substances in quantities or of a
size capable of causing obstruction to the flow in sewers or other
interference with the proper operation of the sewerage works, such
as but not limited to ashes, cinders, sand, mud, straw, shavings,
metal, glass, rags, feathers, tar, plastic wood, etc., either whole
or ground by a garbage grinder.
G.
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 Director of Public Works,
that such wastes can harm the sewers, sewage treatment process or
equipment; have an adverse effect on the receiving stream or otherwise
endanger life, limb or public property; or constitute a nuisance.
In forming his opinion as to acceptability of these wastes, the Director
of Public Works will give consideration to such factors as the quantities
of subject wastes in relation to flows and velocities in the sewers,
materials or construction of the 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 radioactive wastes or isotopes of such concentration
as may exceed limits established by federal, state or town regulations.
(2)
Any garbage which shall not be limited to the wastes
from the preparation, crushing and disposing of food that has not
been properly shredded after it passed through a garbage grinder approved
by the Director of the Department of Public Works.
(3)
Waters of wastes containing substances which are not
amenable to treatment or reduction by the sewage treatment processes
employed.
(4)
Materials which exert or cause:
(a)
Unusual concentrations of inert suspended solids,
such as but not limited to fuller's earth, lime slimes and lime residues
or of dissolved solids, such as but not limited to sodium chloride
and sodium sulfate.
(b)
Excessive discoloration due to inks or dyes
or other substances or processes or combination thereof.
(c)
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 any
such material received in the composite sewage at the sewage treatment
works exceeds the limits established by the Director of Public Works
for such materials.
(d)
Unusual BOD, chemical oxygen demand or chlorine
requirements in such quantities as to constitute a significant load
on the sewage treatment works.
(e)
Any liquid or vapor having a temperature higher
than 150º F. (65º C.).
(f)
Any water or waste containing fats, wax, grease
or oil, whether emulsified or not, in excess of 100 milligrams per
liter or containing substances which may solidify or become viscous
at temperatures between 32º F. and 110º F. (0º C. and
65º C.).
H.
If any waters or wastes are discharged or are proposed
to be discharged to the public sewers, which water or wastes, in the
judgment of the Director of Public Works, may have a deleterious effect
upon the sewerage works, processes, equipment or receiving waters
or which otherwise create a hazard to life or constitute a public
nuisance, the Director of Public Works may:
(1)
Reject the wastes.
(2)
Require pretreatment to an acceptable condition for
discharge to the public sewers.
(3)
Require control over the quantities and rates of discharge.
(4)
Require payment to cover the added cost of handling
and treating the wastes not covered by existing taxes or sewer charges.
I.
Grease, oil and sand interceptors shall be provided
when, in the opinion of the Director of Public Works, they are necessary
for the proper handling of liquid wastes containing grease in excessive
amounts 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 Director of Public Works or his assistants
and shall be located as to be readily and easily accessible for cleaning
and inspection.
J.
If the Director of the Department of Public Works
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 Director and subject to the requirements
of all applicable codes, ordinances and laws.
K.
Where preliminary treatment or flow equalization facilities
are provided for any waters or wastes, they shall be maintained continuously
in satisfactory and effective operation by the owner, at his expense.
L.
When required by the Director of Public Works or his
assistants, the owner of any property serviced by a building sewer
carrying industrial wastes shall install a suitable control manhole,
together with such necessary meters and other appurtenances in the
building sewer, to facilitate observation, sampling and measurement
of the wastes. Such manhole, when required, shall be accessibly and
safely located and shall be constructed in accordance with plans approved
by the Director of Public Works or his assistant. The manhole 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.
A.
Where a public sanitary sewer is not available under the provisions of § 156-4C, the building sewer shall be connected to a private sewage disposal systems complying with the provisions of this section and all other applicable state, county and town laws.
B.
Before commencement of construction of a private sewage
disposal system, the owner shall first obtain a written permit signed
by the Department of Health, Rockland County. A permit and inspection
fee as set forth in the Schedule of Fees of the Village of Airmont[1] shall be paid to the Village of Airmont at the time the
application is filed with the County Health Department.
C.
The installation of a private sewage disposal systems
shall be completed to the satisfaction of the Rockland County Health
Department. Said Department shall be allowed to inspect the work at
any stage of construction and, in any event, the applicant for the
permit shall notify the Department of Health when the work is ready
for final inspection and before any underground portions are covered.
Application for inspection shall be made in writing to the Department
of Health, and such inspection shall be made as soon as practical
thereafter.
D.
The type, capacities, location and layout of a private
sewage disposal system shall comply with all recommendations of the
Department of Health of the State of New York.
E.
At such time as a public sewer becomes available to
a property served by a private sewage disposal system, a direct connection
shall be made to the public sewer within the time specified by the
state, county and town laws, and any septic tanks, cesspools and similar
private sewage disposal facilities shall be abandoned and filled with
suitable material such as gravel or dirt.
F.
The owner shall operate and maintain the private sewage
disposal facilities in a sanitary manner at all times at no expense
to the Village of Airmont.
G.
One permit shall be issued to cover the excavation
and construction of the house sewer and/or to disconnect the existing
house drain or sewer pipe from the cesspool or septic tank and then
to connect it to the newly laid house sewer discharging into the street
sewer, the fee for which shall be determined by the municipality which
owns such sewer.
A.
No unauthorized person shall make any connection with
or opening into any public sewer or appurtenances thereof without
first obtaining a written permit from the Director of Public Works
or his assistants.
B.
For sewers owned by the Town of Ramapo, there shall
be two classes of building sewer permits: for residential and commercial
service, and for service to establishments producing industrial wastes.
In either case, the owner or his agent shall make application on a
special form furnished by the Town of Ramapo. The permit application
shall be supplemented by any plans, specifications or other information
considered pertinent in the judgment of the director of Public Works
or his assistants. All permit and inspection fees shall be paid to
the Town of Ramapo at the time the application is filed, in accordance
with the laws, rules and regulations of the Town of Ramapo.
C.
All costs and expenses incident to the installation
and connection of the building sewer shall be borne by the owner.
The owner shall indemnify the municipality which owns such sewer from
any loss or damage that may directly or indirectly be occasioned by
the installation of the building sewer and shall furnish such financial
indemnification as such municipality may require.
D.
A separate and independent building sewer shall be
provided for every building or as otherwise approved by the Director
of Public Works or his assistants. In the case of duplex buildings
(one structure separated by a party wall), a separate and independent
sewer line shall be required for each dwelling unit side by side and
at such a location as not to encroach or be within 10 feet of a property
line.
E.
No person shall make connection of roof down spout,
exterior foundation drains, areaway drains or other sources of surface
runoff or groundwater as a building sewer or building drain which
in turn is connected directly or indirectly to a public sanitary sewer.
F.
The connection of the building sewer into the public
sewer shall conform to the requirements of the New York State Uniform
Fire Prevention and Building Code or successor standards adopted by
the State of New York and the municipality which owns such sewer.
G.
The applicant f or the building sewer permit shall
notify the Director of Public Works or his assistants when the building
sewer is ready for inspection and connection to the public sewer.
The connection shall be made under the supervision of the Director
of Public Works or his assistants.
A.
The Village Engineer, the Director of Public Works
or his assistant, bearing proper credentials and identification, shall
be permitted to enter all properties and/or dwellings for the purposes
of inspection, observation, measurement, sampling and testing. The
Director of Public Works or his representative shall have authority
to inquire into any processes, including metallurgical, chemical,
oil refining, ceramic, paper or other industries, having a direct
bearing on the kind of source discharge to the sewers or waterways
or facilities for waste treatment.
B.
The Village Engineer, the Director of Public Works
or his assistants and other duly authorized employees bearing proper
credentials and identification, shall be permitted to enter all private
properties through which the Rockland County Sewer District No. 1,
the Town of Ramapo, or the Village of Airmont, as the case may be,
holds an easement for the purposes of, but not limited to, inspection,
observation, measurement, sampling, repair and maintenance of any
portion of the sewerage works lying within said easement. All entry
and subsequent work, if any, on said easement, shall be done in full
accordance with the items of the duly negotiated easement pertaining
to the private property involved.
A.
In addition to any other penalties that may be invoked
under this chapter, any person, firm or corporation violating any
of the provisions of this chapter shall be punishable by a maximum
fine of $250 or a maximum term of imprisonment of 15 days, or both.[1]
B.
In addition to the above-provided penalties and punishment,
the Village may also maintain an action in the name of the Village
in any court of competent jurisdiction to compel compliance with or
to restrain by injunction the violation of this chapter.
C.
Any person violating any of the provisions of this
chapter shall become liable to the Village of Airmont for any expense,
loss or damage the Village of Airmont suffers by reason of such violation.
This chapter shall be read together with all
local laws and ordinances of the Village of Airmont, the Town of Ramapo,
and any other municipality which owns sewers with the Village of Airmont
and which is affected by this chapter, relating to sewer system licensing
and use, sewer rents, sewage disposal regulations and zoning regulations
hereof.
This chapter supersedes, and is in derogation
of, Chapter 37A of the Code of the Town of Ramapo, County of Rockland,
State of New York, except as regards Town Sewer District facilities
within the Village. In addition, it is not intended that this chapter
supersede the authority of the County of Rockland to regulate or control
county sewer district facilities within the Village of Airmont.