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.
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.
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.
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.
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.
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.
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.
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.
G. Quarterly billing.
(1) Sewer service charges shall be billed quarterly.
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.
I. Lien upon real property.
(1) Sewer service charges shall constitute a lien upon the real property
served by sewers, and such lien is prior to every other lien or claim,
except the lien of an existing tax, water rent or local assessment.