[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.]
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:
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.
Include any structure or enclosure.
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.
A connection between the outside foundation wall of a building
and the house lateral connection.
Includes tenant, lessee, occupant or user of any premises.
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.
[Amended 2-16-2022 by L.L. No. 2-2022]
A.
Establishment of sewer rents and amounts, generally.
(1)
There are hereby established sewer rents for the use and service
of the sewer system of the Village of Tuxedo Park. "Sewer system"
as used in this article shall mean all sewer pipes and other appurtenances
which are used or useful in connection with the collection, treatment
or disposal of sewage, industrial waste and other wastes which are
owned operated or maintained by the Village of Tuxedo Park, including
sewage pumping stations and sewage treatment and disposal works. The
calculation of sewer rents shall be based upon the consumption of
water on the premises served by the Village's sewer system.
B.
Sewer Rent Fund; use of fund.
(1)
Any revenues derived by the Village from sewer rents, including penalties
and interest, shall be deposited in a separate and distinct fund,
to be kept in accordance with the General Municipal Law, and known
as the "Sewer Fund."
(2)
The Sewer Fund shall be used for all Village expenses associated
with:
(a)
The payment of the costs of operation, maintenance, and repairs
of the sewer system, or such part or parts thereof for which sewer
rents have been established and imposed;
(b)
The payment of the interest on and amortization of, or payment
of, indebtedness which has been or shall be incurred for the construction
of the sewer system or such part or parts thereof for which sewer
rents have been established and imposed;
(c)
The construction of sewage treatment and disposal works with
necessary appurtenances, including pumping stations, or for the extension,
enlargement, or replacement of, or additions to, such sewer systems,
or part or parts thereof.
(3)
A sewer rent charge shall be assigned to owners of properties located
within or without the corporate limits of the Village who contribute
wastes to the Village sanitary system.
C.
Imposition of sewer rents.
(1)
In addition to any and all other fees and charges provided by law,
the owner of any parcel of real property connected with the sanitary
sewer system of the Village of Tuxedo Park shall pay a sewer rent
for the use of such sanitary sewer system.
(2)
A sewer rent shall be assigned to owners of properties located within
or outside the corporate limits of the Village of Tuxedo Park who
contribute wastes to the municipal sanitary sewer system.
(3)
The sewer rent shall be based on the unit fee schedule determined
by the Village Board of Trustees by resolution and such rents shall
be based upon water consumption by individual property owners. The
proportionate sewer rents based on water usage shall be fair and equitable.
(4)
The sewer rent assigned to any property owner who is not connected
to the public water system, but who is connected to the public sewers,
shall be based on the estimated or measured volume of sewage determined
by the Sewer Inspector. Such charges shall be expressed in terms similar
to water charge arrangements.
(5)
The Board of Trustees may, from time to time, modify the sewer rent
originally or previously assigned to any property owner so long as
such modification is rational and equitable.
D.
Connection costs.
(1)
All buildings requiring sewer service as of January 1, 1964 will
be provided by the Village with a six-inch building sewer to within
five feet of the property line. The cost of the remaining portion
of the building sewer shall be the responsibility of the property
owner.
(2)
The cost of the building sewer to sewer for all buildings requiring
sewer service after January 1, 1964 shall be borne by the property
owner.
(3)
Subdivisions developed after January 1, 1964 and utilizing any portion
of the Village sewage works shall bear the cost of the installation
of public sewers and building sewers in the subdivisions.
(4)
A sewer service charge for transportation, treatment and operation
and maintenance costs shall be levied against property owners within
such subdivisions.
E.
Changes in basis for sewer rents.
(1)
The Village reserves the right to change the basis for determining
sewer rents.
F.
Users not connected to public water system.
(1)
The sewer rent assigned to any property owner who is not connected
to the public water supply system, but who is connected to the public
sewers, shall be based on the estimated or measured volume of sewage
determined by the Sewer Inspector.
(2)
The sewer service charge assigned to any property owner with both
a public and private water supply whose contribution of sewage to
the public sewers exceeds the volume of public water consumed by that
owner, as evidenced by his or her water bill, shall be established
by the Village. The basis for determining such sewer rent shall be
the estimated or measured volume of sewage entering the public sewers.
H.
Penalty for nonpayment.
(1)
Each property owner of the Village of Tuxedo Park who shall owe to
the Village a sewer rent or service charge for more than 30 days following
the bill's date shall have added to such bill and shall pay in
addition to the amount thereof a penalty for the first month following
such period and an additional penalty for each month thereafter that
the same remains unpaid. Said penalties shall be modified from time
to time by resolution of the Board of Trustees.
