Village of Tuxedo Park, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Tuxedo Park at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Amendments noted where applicable.]
GENERAL REFERENCES
Penalties for offenses — See Ch. 1, § 1-12.
Lakes and ponds — See Ch. 65.
Street excavations — See Ch. 83, Art. I.
Water — See Ch. 97.
A. 
Use restricted to domestic sewage. Design of the sewer system is based on collection of domestic sewage only, and approval by the New York State Department of Environmental Conservation was given for construction and use of sewers for this purpose only. No connection will be permitted to the sanitary sewer system which will carry or deliver any substance or material other than domestic sewage. "Domestic sewage" consists of solid or liquid wastes from toilets, sinks, laundry tubs or bathtubs, shower baths or equivalent plumbing fixtures. Drainage or flow from roofs, cellars, sump pumps, yards, springs, wells, swimming pools or roadways is not domestic sewage, and drainage therefrom into the sanitary sewer system is prohibited.
B. 
Sewage from outside the Village. The discharge to the Village sewer system of any sewage or other wastes originating outside the Village boundaries is prohibited.
C. 
Disconnection of roof drains, sump pumps, etc. Within one year of the enactment of this chapter, all property owners shall disconnect any rainwater or groundwater collection devices such as gutters, drains, catch basins, culverts, trenches, leaders or sump pumps from any sanitary sewer pipe, septic system or cesspool. Such disconnection shall be performed so as not to create erosion, flooding or damage to adjacent property. Wherever practical, collected rainwater shall be diverted to the storm drainage system or otherwise channeled to existing streams and watercourses.
D. 
Purpose. Purposes of these rules and regulations are specifically stated as follows:
(1) 
To prohibit excessive volume and/or inordinate rates of flow of sewage and wastes into the Village of Tuxedo Park system.
(2) 
To prohibit the contribution of sewage or other wastes of a flammable nature or which in any way create a poisonous or hazardous environment for sewerage maintenance and operation personnel.
(3) 
To prohibit the contribution of sewage or other wastes which may impair the hydraulic capacity, operation of the intercepting sewers, force mains, pumping stations, sewage regulators and other structures and appurtenances of the Village of Tuxedo Park system.
(4) 
To prohibit the contribution of sewage or other wastes which may create operating difficulties at the water pollution control plant as it now exists or may be constructed, modified or improved in the future.
(5) 
To prohibit and/or regulate the contribution of sewage or other wastes which require, for treatment at the plant, greater expenditures than are required for equal volumes of normal sewage.
(6) 
To require, before introduction into the Village of Tuxedo Park sewerage system, the pretreatment or flow control of such wastes as may impair the strength and/or durability of the structures appurtenant to the system or interfere with the normal treatment process or impair the designated uses of the classified receiving waters.
(7) 
To provide cooperation with the Orange County Department of Health and any other agencies which have requirements or jurisdiction for the protection of the physical, chemical and bacteriological quality of watercourses within or bounding the county.
(8) 
To protect the public health and prevent nuisances.
For purposes of interpreting and applying the terms of these regulations, the following terms shall have the meanings indicated:
BOARD OR BOARD OF TRUSTEES
If not otherwise qualified, refers to the Village Board, and it shall comprehend in its application any persons designated by said Board as its agent or representative.
BUILDING OR HOUSE
Include any structure or enclosure.
HOUSE LATERAL CONNECTION
A connection from a trunk line or lateral sewer of the sanitary sewer system of the Village to the street and curbline of the premises affected.
HOUSE SEWER CONNECTION
A connection between the outside foundation wall of a building and the house lateral connection.
OWNER
Includes tenant, lessee, occupant or user of any premises.
SEWER INSPECTOR
The person appointed as the authorized agent of the Village or his duly authorized deputy or representative in matters following under this chapter.
The Board of Trustees shall appoint a Sewer Inspector, who shall be the Board's authorized agent in matters falling under this chapter and who shall exercise those powers which are delegated to him in this chapter or which may be reasonably required to carry out his duties. He shall report to the Board upon applications for sewer connections, inspect and approve construction of such sewer connections and report to the Board any violations of these regulations.
All house sewers or house lateral connections shall be laid and connected in accordance with the rules and regulations herein set forth, and the repair, maintenance and extension of same shall likewise conform to these rules and regulations. The property owner shall bear the entire expense of all connections to the Village sewer from the inside edge of the sidewalk to the house or building, or from the property line to the house or building where the connection is made to a sewer main constructed within a right-of-way crossing private property.
The owner of any house, building or property used for human occupancy, employment, recreation, commerce or other purpose, situated within the Village and abutting on any street, alley or right-of-way in which is, or may in the future be, located a Village sewer, or where a Village sewer is otherwise available or accessible to such house, building or property, is hereby required at his expense to connect with the Village sewer and also at his expense to install suitable toilet facilities therein and to connect such facilities directly with the public sewer in accordance with the provisions of this chapter within 90 days after date of official notice to do so or as directed by the Board of Trustees. In cases of extreme hardship, such owner may propose an alternate sewage disposal system for review by the Board of Trustees and appropriate health authorities.
A. 
No person shall make any connection with or opening into any Village or public sewer or construct, alter, repair or use any drain or house sewer or other lateral sewer to connect with such public sewer without first obtaining a written permit from the Sewer Inspector. Before any such permit is obtained, an application for the issuance of said permit shall be filed with the Village on such forms as may be supplied. The application shall be signed by an authorized drain layer and by the owner or lessee of the property or his duly authorized agent and shall include or be accompanied by a description and plan of the proposed work and such other pertinent information as may be required by the Sewer Inspector. Such permit shall be kept at the site of the work and be available for inspection by any officer of the Village or member of the Board of Trustees or its duly authorized agent or agents.
B. 
The Sewer Inspector shall be notified at least 24 hours before the beginning of any work upon building sewers or connections. Such notice shall be in writing and shall state the time of commencement of such work. No trench shall be filled or any part of pipe or fittings covered until notice has been given to the Sewer Inspector that the work is ready for inspection and such inspection has been made. Every such inspection shall be made as soon as practicable after receipt of notice by the Sewer Inspector, who shall have the power to apply any proper tests to the pipe or fittings. The owner, contractor or other person doing the work shall furnish all necessary tools and labor for such tests and shall remove any defective material or repair any work improperly done, as the Sewer Inspector shall direct, without expense to the Village.
C. 
No sewer connection branch shall be opened or pipe laid and no joints made except under the inspection of the Sewer Inspector or his duly authorized representative. All work of laying house sewers and connections shall be done in such manner and at such times as to interfere as little as possible with public travel and convenience, and the drainlayer shall conduct his work as the Sewer Inspector may from time to time direct.
D. 
No permit granted by the Sewer Inspector shall be construed to permit any interference with or disturbance of any state, county or Village street or highway pavement or any excavation in any road, street or public place unless the permit shall expressly so provide. No permit shall be granted for such interference or disturbance of said pavement or for excavation for sewer purposes in any public street or public place unless the applicant or drain layer shall first have obtained from the New York State Department of Transportation, Orange County Department of Public Works or Village Superintendent of Public Works, as the case may be, a permit therefor in accordance with requirements of the Department having jurisdiction. The applicant shall provide such liability insurance as may be required before such permit is issued. Any permit fee, bonding or other expense in connection with issuance of a permit for opening any street or pavement shall be paid by the applicant or drain layer. No permit shall be deemed to authorize anything not stated in the application therefor. The permittee or his duly authorized representative shall guard, barricade and light all excavations and restore all public property in a manner satisfactory to the Village or the department having jurisdiction over such property, as the case may be.
No licensed plumber or sewer contractor shall perform any work hereunder unless there shall be on file with the Village Clerk and then in force:
A. 
An insurance policy, approved by the Village Attorney and issued by an insurance company authorized to do business in this state, to save the Village harmless up to an amount of at least $100,000 because of death or bodily injury to one person, and up to at least $250,000 because of death or bodily injury to more than one person, because of any act or omission by such plumber or sewer contractor or his agents or employees in the performance of such work.
B. 
An insurance policy, similarly approved and issued, guaranteeing to save the Village harmless up to an amount of at least $50,000 because of injury to or destruction of the property of others in one accident or casualty, and up to an amount of at least $200,000 because of injury to or destruction of such property in more than one accident or casualty, ensuing from or brought on directly or indirectly as a result of the prosecution of such work.
A. 
Limitations. The permit shall be issued by the Sewer Inspector to the licensed plumber or sewer contractor engaged to perform the work and shall be limited to the work for which performance application has been made. No work shall be started until a permit has been granted.
B. 
The permit must at all times be kept on the site of the work, available for inspection by the Board.
C. 
Fees. The permit fees shall be established by resolution of the Board. Upon the completion of the work covered by the permit in compliance with this chapter, the Board shall issue a certificate of approval of the work.
A. 
Construction. Where a public sanitary sewer is not available or accessible, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this chapter and recommended installation requirements of the New York State Department of Health until such time as a public sanitary sewer becomes available.
(1) 
Before commencement of construction of a private sewage disposal system, the owner shall first obtain a permit signed by the Sewer Inspector. Application for such permit shall be made on a form furnished by the Village, which form the applicant shall supplement with any plans, specifications and other information deemed necessary by the Board of Trustees or the Sewer Inspector. The fee for such permit shall be in an amount set by resolution of the Board of Trustees.
(2) 
A permit for a private sewage disposal system shall not become effective until installation is completed to the satisfaction of the Sewer Inspector. He shall be allowed to inspect the work at any stage of construction, and, in any event, the applicant for the permit shall notify the Sewer Inspector when the work is ready for final inspection before any underground portions are covered. The inspection shall be made within 48 hours of receipt of notice by the Sewer Inspector or as soon thereafter as practicable.
B. 
Maintenance.
(1) 
Any and all sanitary facilities, and appurtenances thereto, situated on private property or serving an individual building or site shall be installed, serviced, repaired, replaced and otherwise maintained in a safe, clean and reliable condition at the sole effort and expense of the property owner or occupier and not the Village of Tuxedo Park. Such sanitary facilities shall include but are not limited to cesspools, septic tanks, tile fields, dosing chambers, grease traps, ejector pumps, house sewer connections, vents and other plumbing not specifically a part of the Village sewer trunk line or lateral line systems as defined in the Village Sanitary Sewer Regulations.
(2) 
Cesspools shall be pumped out, inspected and serviced at least once per year. Septic systems and grease traps shall be cleaned, inspected and serviced at least once every five years. It shall be the sole responsibility of the property owner to maintain records of all service, repair and replacement to such systems.
(3) 
Any private sanitary equipment, operation or use deemed adverse to the health, safety, welfare or aesthetics of the Village may be cited by the Police Department, Board of Trustees, Planning Board, Sewer Inspector or Building Inspector. Upon written notice from any of these officials, the property owner or occupier shall, within seven days, reply to the Board of Trustees and either request a hearing before that Board or submit a timely plan for correcting the cited conditions. The decision of the Board of Trustees shall be binding, and corrective measures must be completed within the Board's specified time period.
(4) 
In cases of emergency or whenever a property owner/occupier fails to make the required changes, repairs or improvements, the Village or its designee shall have the right to enter said property and perform any or all corrective measures. All associated costs shall become a lien upon the property and shall be collected in the same manner as taxes. In addition, penalties not to exceed the amount specified in § 1-12 hereof per day from the date of notification may be levied on any party or entity convicted of noncompliance with this subsection.
Each building in the area served by a public sewer must be connected separately and independently with the sewer through the house or building connection branch directly opposite the building or nearest in the downstream direction. Grouping of buildings on one house sewer will not be permitted except by special permission of the Board of Trustees and then only for good reason.
A. 
No house or building sewer connecting any property with the Village sewer shall be of an internal diameter less than four inches.
B. 
Every building sewer connecting with Village sewers shall be cast iron (ASTM Specification A74 or equal), acrylonitrilebutadiene-styrene (ABS), Schedule 40 polyvinyl chloride (PVC) or other suitable material approved by the Sewer Inspector. Cast-iron pipe only shall be used where, in the opinion of the Sewer Inspector, conditions require its use. Copper pipe may be used only inside a dwelling.
C. 
All pipe shall be solidly laid to true grade and in a straight line, as nearly as possible. All changes in direction shall be made with properly curved pipe or fittings.
(1) 
No sewer pipe shall be laid at a depth of less than 36 inches, and any pipe laid under a roadway shall be at least medium-heavy cast iron.
(2) 
All pipe must be surrounded radially to a distance of at least one foot with fine earth, entirely free from stones and rubbish and well and carefully compacted.
(3) 
No building or house sewer connection with the Village sewer shall be laid at a grade of less than one inch fall in four feet without a written permit signed by the Sewer Inspector and specifying the minimum grade that will be permitted.
(4) 
New users shall be required to run house sewer connections to the nearest main line manhole. If the house connection is more than 200 feet from such manhole, the user or his representative shall install another manhole.
(5) 
Rock excavation. Where rock is found in the bottom of the trench, it shall be taken out at least six inches below the bottom of the pipe and the space filled with sand, gravel or other suitable material, thoroughly compacted. No blasting shall be done within 20 feet of public or private sewers and utmost care shall be taken to prevent injury thereto.
D. 
All cast-iron pipe and specials must be sound, cylindrical and smooth internally, free from cracks, sandholes or other defects, of uniform thickness and of the grade known commercially as "medium" or "extra heavy."
E. 
Acrylonitrile-butadiene-styrene (ABS) solid wall sewer service pipe shall be in conformance with ASTM Specification D2751, with an SDR classification of 23.5. Pipe shall be designed for solvent welded joints.
F. 
Schedule 40 polyvinyl chloride (PVC) sewer service pipe shall be in conformance with ASTM Specification D3034, with an SDR classification of 33.5. Pipe shall be designed for rubber compression gasket joints meeting ASTM Specification D3212.
G. 
Joints for building laterals.
(1) 
Joints shall be gastight and watertight.
(2) 
The greatest care must be taken to prevent the entrance of dirt or sand into any sewer pipe or connection.
(3) 
Cast-iron pipe shall be joined with first-quality lead or jointing compound approved by the Sewer Inspector. The entire joint shall be filled in one pour and thoroughly caulked. If lead is used, each joint in four-inch cast-iron pipe shall be poured with at least three pounds of lead, and each joint in six-inch cast-iron pipe, with five pounds of lead. In all cases, the trench must be kept dry during pipelaying.
(4) 
ABS pipe shall be joined by solvent welding in accordance with the manufacturer's installation instructions. Finished joints shall be watertight and structurally equal to the pipe itself in tensile strength.
(5) 
PVC pipe shall be joined by rubber compression ring gaskets, using appropriate lubricants to prevent displacement or damage during installation. When completed, joints shall be capable of withstanding an internal hydraulic pressure of 25 feet of water and internal vacuum of 22 inches of mercury, without leakage. Joints shall conform to ASTM Specification D3212.
H. 
Use of existing building sewers. Building sewers which are in existence at the time of adoption of this chapter may continue to be used from the building to the point of connection with the Village sewer, provided that the Sewer Inspector determines they are in good condition and otherwise satisfactory to carry domestic sewage and industrial wastes without leakage, and provided, further, that they are used only until such time as the Sewer Inspector may require their replacement by new building sewers, which shall be constructed in accordance with, and within the time limitation required by this chapter.
I. 
The foregoing requirements may be modified or added to as the Sewer Inspector, in the exercise of reasonable judgment, may determine.
A. 
No structure shall be connected to the sanitary sewer system unless there is a soil line extended to a point above the roof and properly vented, or otherwise vented in a manner approved by the Sewer Inspector. In existing houses or buildings not properly vented and on all new construction, a running trap with double hub vent is required and shall be installed in a manner approved by the Sewer Inspector.
B. 
Grease traps will be installed where the Board of Trustees or its duly authorized agent may direct. Grease traps must be kept clean at all times at the owner's expense.
A. 
The Sewer Inspector and other duly authorized employees of the Village shall be permitted, with proper credentials and identification, to enter on any property at reasonable hours for the purpose of inspecting, measuring, sampling, testing, repairing or disconnecting or for any purpose reasonably necessary to carry out and enforce the provisions of this chapter.
B. 
The Village shall have the right to set up on the user's property such devices as are necessary to conduct sampling or metering operations. The Village may, at reasonable times, have access to and copy any records, inspect any monitoring equipment or method required by the Village's wastewater discharge regulations and sample any effluents which the owner or operator of such source is required to sample. Where a user has security measures in force, the use shall make necessary arrangements with his security guards so that upon presentation of suitable identification, Village personnel will be permitted to enter without delay.
It shall be unlawful for any person, firm or corporation to:
A. 
Place, deposit or permit to be deposited in an unsanitary manner upon public or private property within the Village or in any area under the jurisdiction of the Village any human or animal excrement, garbage or other objectionable waste except as provided in this chapter.
B. 
Construct, use or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage except as provided in this chapter.
C. 
Uncover any portion of the public sewers or connections thereto or open any manhole or appurtenance of the sewerage system except under permit signed by the Sewer Inspector.
D. 
Open any highway or public grounds for the purpose of making any sewer connection or make or cause to be made any connection with the public sewer except under permit signed by the Sewer Inspector and under his supervision.
E. 
Break, cut or remove any pipe of the public sewer system or make or cause to be made any connection to said public sewers except through connection branches provided for such purpose and except under permit signed by the Sewer Inspector and under his supervision. Limitation of said connection branches shall be designated by the Sewer Inspector.
F. 
Discharge or cause to be discharged into any public sewer, directly or indirectly, any overflow or drainage from manure pits, cesspools or other receptacles storing or constructed to store organic wastes or surface water from yards, driveways or roadways.
G. 
Connect or cause to be connected with any public sewer, either directly or indirectly, any sediment traps or pipes carrying or constructed to carry hot circulating water, acids, germicides, grease, brewery or distillery washwater or slops, gasoline, naphtha, benzine or similar liquid, oil or any other industrial or trade waste or any other substance detrimental or deemed by the Sewer Inspector to be detrimental to the Village sewers or to the operation of the sewerage system or the sewage treatment works unless adequate and proper preliminary treatment appurtenances and apparatus, as may be approved by the Village, are installed and maintained at the owner's expense so that spent water delivered to the Village sewers will have a pH greater than 5.5 and less than 9.0, as determined by standard acid-alkalinity tests, and free from excess suspended matter capable of obstructing flow in sewers.
H. 
Discharge drainage of any automobile waste liquids or gasoline, oils or flammable materials.
I. 
Throw or deposit or cause or allow to be thrown or deposited in any fixture, vessel, receptacle, inlet or opening directly connected with any public sewer any garbage which has not been properly shredded or ground and flushed with an ample quantity of water. Use of mechanical garbage grinders producing a finely divided mass properly flushed with an ample quantity of water is permitted under these regulations.
J. 
Allow any building sewer connected with the public sewer to be also connected with any privy vault, septic tank, cesspool or underground drain or with any channel conveying water or filth, except such soil pipes and other plumbing work as shall have been duly inspected and approved by the Sewer Inspector.
K. 
Except as otherwise provided herein, throw or deposit or cause or allow to be thrown or deposited in any fixture, vessel, receptacle, inlet or opening connected with any public sewer any ashes, cinders, sand, mud, straw, metal, hair, fleshings or similar waste material, or dead animals or waste material of any kind or character (other than feces, urine, toilet paper, liquid house slops or properly ground table garbage) or any other solid or viscous substances capable of causing obstruction to the flow in the sewers or other interference with proper operation of the sewerage system, or any other substances which will solidify or become discernibly viscous at temperatures between 32° and 150° F.
L. 
Discharge or cause to be discharged into any public sewer any storm- or surface water, groundwater, subsurface drainage or drainage or flow from roofs, cellars, cistern tanks, springs, wells, sump pumps or swimming pools or, except as may be permitted by the Board of Trustees, any discharge from a vehicle wash rack or wash motor or from any air-conditioning machine or refrigeration unit, cooling water or unpolluted industrial process waters.
M. 
Discharge or cause to be discharged any waters or wastes containing a toxic or poisonous substance, a high chlorine demand or suspended solids in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create any hazard in the receiving waters or effluent of the Village sewage treatment plant or exceed the limitation set forth in a categorical pretreatment standard. Such toxic substances shall be limited to the average concentrations listed herein in the sewage and include, but not be limited to, any pollutant identified pursuant to Section 1317(a) of Title 33 of the United States Code [33 U.S.C. 1317(a)]. If concentrations listed are exceeded, individual establishments will be subject to control in volume and concentration by the Board of Trustees.
A. 
The Board of Trustees may, at any time in its discretion, stop and prevent the discharge into sewers of any substance which it considers may injure the sewers or interfere with their normal operation or obstruct the flow or hinder any process of wastewater treatment; and it may, at any time in its discretion, sever the connection and cause the removal of any tributary sewer or drain through which such detrimental substances are discharged.
B. 
No action shall be taken by the Village to implement the foregoing provisions unless the Village shall have given the owner at least 48 hours' notice in writing stating the action to be taken and the grounds therefor, except that such notice shall not be required if immediate action is necessary to prevent injury to the Village sanitary sewerage system or any part thereof.
A. 
The Sewer Inspector shall have the responsibility of enforcing the provisions of this chapter. Where a violation is found, the Sewer Inspector shall notify the alleged offender by certified mail of the nature of the violation and prescribe a period of time, not to exceed 30 days, within which the specified violation must be corrected. Such period of time may be extended by the Board of Trustees upon good cause shown by the offender.
B. 
If the violation is not corrected within the period specified in said notice or within the time of any extension of said period, the Sewer Inspector may take such action as provided in this chapter.
The Sewer Inspector or any police officer of the Village is hereby authorized to issue appearance tickets for a violation of any of the provisions of this chapter in the manner prescribed by law.
Any person who commits an offense or permits any offense to be committed against any of the provisions of this chapter shall be deemed to have committed a violation pursuant to the Penal Law of the State of New York, punishable by a fine of not more than $250 or by imprisonment for not exceeding 15 days, or both. A separate violation shall be deemed committed on each day during or on which an offense occurs or continues. A separate penalty may be imposed for each separate violation.
A. 
Any person committing an offense against this chapter shall be subject to a civil penalty enforceable and collectible by the Village in the amount provided by § 1-12 of Chapter 1, General Provisions. A separate offense shall be deemed committed on each day during which or on which an offense occurs or continues.
B. 
In addition to the above penalties, the Board of Trustees may also maintain an action or proceeding in the name of the Village in a court of competent jurisdiction to compel compliance with or to restrain by injunction an offense against this chapter.
C. 
Where any violation of this chapter causes additional expense to the Village, the Village shall have a cause of action against the violator to recover such additional cost. The cause of action may be asserted at the discretion of the Sewer Inspector and shall be in addition to the fine, imprisonment, penalty and injunction hereinabove provided and shall be brought by the Village Attorney in the name of the Village in a court of competent jurisdiction.
Wherever by reason of any extraordinary conditions it is impractical to carry out any of the foregoing provisions or requirements, the Board of Trustees may, upon proof of impracticability and extraordinary conditions, grant a variance therefrom.
All house lateral connections and house sewer connections must be maintained in good working condition at the expense of the owner. All necessary repairs shall be promptly made, in compliance with the provisions of these regulations.
A. 
In the event that any order of the Board or Sewer Inspector to comply with any requirements of these regulations is not complied with within the period specified therein, the Board shall have the right to disconnect the premises affected from the sanitary sewer system and from the Village water system until the violation has been removed.
B. 
Premises outside the Village limit which are connected to the Village sewer system will be billed for sewer service at rates set by the Board. In the event of nonpayment of sewer bills, the Board reserves the right to disconnect the premises affected from the sewer system.
In addition to any other applicable penalty, the Board or Sewer Inspector shall have the right to revoke any license or permit issued by it in the event of any violation by the licensee or permittee in the performance of work done under such permit.
The sewer rents or schedule of charges for sewer service shall be in such amounts as the Board of Trustees may establish from time to time by resolution.