[HISTORY: Adopted by the Board of Trustees
of the Village of Patchogue 3-9-1987 by L.L. No. 2-1987 (Ch. 71 of the 1968
Code). Amendments noted where applicable.]
All septic tanks and cesspool located within
the Village of Patchogue limits shall be designed, constructed and
maintained in accordance with the latest standards of the Suffolk
County Department of Health Services for Administration of Section
2c, Article VB of the Suffolk County Sanitary Code.
The construction, extension, maintenance and
operation of the wastewater disposal system of the Village of Patchogue
and connections therewith, up to the point of entering private property,
shall be under the control of and, subject to regulation by the Department
of Public Works of the Village of Patchogue under the authority of
the Board of Trustees. Within any property, the wastewater disposal
system shall be subject to regulations as set forth herein and under
any other applicable local laws. The construction, maintenance and
use of private systems for waste disposal, whether now existing or
hereafter proposed, shall be subject to regulation by other applicable
local laws.
B.
ADMINISTRATOR
ASTM
BOARD
BOD (denotes "biochemical oxygen demand")
BUILDING DRAIN
BUILDING SEWER
COLLECTION SYSTEM
COMMERCIAL PROPERTIES
COMPATIBLE INDUSTRIAL WASTES
COOLING WATER
COUNTY
COUNTY SEWAGE WORKS
DISCHARGE
DISPOSAL SYSTEM
DISTRICT
DOMESTIC WASTES
DRAINAGE DISCHARGES
DWELLING OR DWELLING UNIT
FLOW EQUALIZATION
FOOD ESTABLISHMENT
GARBAGE
GREASE
GREASE TRAP
HOUSE CONNECTIONS
INDUSTRIAL PROCESS WATERS or PROCESS WATERS
INDUSTRIAL WASTES
INSURANCE POLICY
INTERCEPTOR
MUNICIPALITY
NATURAL OUTLET
NYSDEC
OBJECTIONABLE, PROHIBITED OR LIMITED WASTES
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(a)
(b)
(c)
(d)
(e)
(11)
(12)
(13)
(14)
OTHER WASTES
PERSON
pH
POLLUTED
PRETREATMENT
PRIVATE
PRIVATE SEWAGE WORKS
PRIVATE SEWER
PROPERLY SHREDDED GARBAGE
PUBLIC
PUBLIC SEWER
PUBLIC SEWER SYSTEM
RECEIVING WATERS
RESIDENTIAL PROPERTIES
SANITARY SEWER
SCAVENGER WASTE PERMIT
SCAVENGER WASTES
SCDHS
SCDPW
SEWAGE
SEWAGE DISPOSAL SYSTEM
SEWAGE TREATMENT PLANT
SEWAGE WORKS
SEWER
SEWER SYSTEM or SEWER DISTRICT
SLOPE
SLUG
SPDES (State Pollutant Discharge Elimination System)
STORM SEWER
SURETY BOND
SUSPENDED SOLIDS
TOXIC SUBSTANCE
TREATMENT PLANT or SEWAGE TREATMENT PLANT
UNREASONABLE ADVERSE EFFECT
USEPA
WAREWASH SINK
WASTE
WATERCOURSE
Unless the context specifically indicates otherwise,
the meanings of the terms used in this article shall be as follows:
The Village of Patchogue Board.
The American Society for Testing and Materials.
The Board of Trustees of the Incorporated Village of Patchogue.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter, under standard laboratory procedure, in five days
at 20° C. (68° F.), expressed in parts per million (ppm) or
milligrams per liter (mg/l).
That part of the lowest horizontal piping of a building drainage
system which receives the discharge from soil, waste and other drainage
pipes inside the walls of any building and conveys such discharge
to the building sewers beginning three feet outside of the outer face
of the building wall.
That part of the horizontal piping of a drainage system which
extends from the end of the building drain and which receives the
discharge of the building drain and conveys it to a sewer. The materials
used to connect the building sewer to the Village's sewer shall be
deemed part of the building sewer.
A system of pipes, normally found in streets, into which
the building sewer connects.
All properties located within the existing Sewer District,
as expanded and as may be expanded from time to time in the future,
that are not herein defined as being residential properties.
[Added 3-26-2001 by L.L. No. 2-2001]
Liquid wastes from industry, commercial, trade or business
processes, whether the same are from manufacturing or otherwise, as
distinct from sewage, which contain no objectionable wastes and are
amenable to adequate treatment and removal by the waste treatment
processes existing at the Village's sewage treatment plant.
The water discharge from any system of condensation, air
conditioning, cooling or refrigeration, and carrying no contamination
other than abnormal heat.
The County of Suffolk or a county sewer district.
Any sewage works owned by the county or by a county sewer
district.
An effluent or substance, or the act of unloading or emitting
an effluent or substance directly or indirectly into all or part of
a sewage works, as the sense demands.
The entire system of sewers, treatment facilities and their
appurtenances for collecting and treating sewage, industrial waste
and other wastes.
The Incorporated Village of Patchogue Sewer District.
Liquid waste of the kind and nature normally emanating from
a household residence.
Stormwater surface runoff, groundwater, roof runoff and the
like.
Any place where an individual or individuals reside.
The damping of sanitary diurnal flow variation to achieve
a constant flow rate to the sewage treatment works.
A retail establishment serving prepared food or drink within
an enclosed building for consumption within the building or off the
premises, including, but not limited to, restaurants, bars, lunch
counters, cafes, diners, fast-food establishments, food take-out establishments,
pizza parlors and luncheonettes.
[Added 1-12-2009 by L.L. No. 2-2009]
Solid wastes from the domestic or commercial preparation,
cooking and dispensing of food or from the handling, storage and sale
of produce.
A material composed of fatty matter from animal or vegetable
sources or hydrocarbons of petroleum origins. The terms "oil and grease"
or "oil and grease substances" shall be deemed grease by definition.
[Added 1-12-2009 by L.L. No. 2-2009]
A water-tight device constructed to separate and trap or
hold grease from the wastewater discharged from a food establishment
in order to prevent grease from entering the sanitary sewer system,
also referred to as a "grease interceptor" or "grease recovery device."
The grease trap may be an internal grease trap located within the
facility, an external grease trap located outside the food establishment,
or both.
[Added 1-12-2009 by L.L. No. 2-2009]
Synonymous with "building connection" or "sewer stub" and
shall mean the branch of pipe leading from the public sewer in the
street toward the property line of the user.
The waters which are ordinarily a constituent part of and
are polluted by industrial wastes.
Any liquid, gaseous, solid or other waste substance, or a
combination thereof, resulting from any process of industry, manufacturing,
trade or business or from the development or recovery of any natural
resources.
Shall have the meaning assigned to it by the Insurance Law
of the State of New York.
A device designated and installed so as to separate and retain
deleterious, hazardous or otherwise undesirable matter such as grease,
oil or sand from wastes.
The Incorporated Village of Patchogue.
Any watercourse, lake, pond, ditch or other body of surface
or groundwater, or cesspools, storm sewers or combined sewers which
overflow into a watercourse, lake, pond, ditch or other body of surface
or ground water. It shall be synonymous with a "discharge point."
The New York State Department of Environmental Conservation.
Any waste which is or is deemed to be toxic
or incompatible with the Village's treatment process or to receiving
waters or is not amenable to treatment or causes the Village's treatment
plant to be in violation of its SPDES permit.
Any waste which contains substances, materials
and constituents which prevent the sludge produced by the Village's
sewage treatment from being accepted by the County of Suffolk.
Garbage, refuse, decayed wood, sawdust, shavings,
bark, sand, lime, cinders, ashes, offal, oil, tar, dye stuffs, grit,
abrasives, metal filings or trimmings and the like.
Any chemical or chemical compound which may
pose a hazard or danger to the treatment works or personnel of the
Village and any chemicals or chemical compounds having the following
nature or characteristics or having similar objectionable characteristics,
such as alcohols; arsenic and arsenicals; cyanide; heavy metals and
other metal finishings or process wastes; acid pickling waste; mercury
and mercurials; silver and silver compounds; sulfanamides; toxic dyes
(organic or mineral); zinc; all strong oxidizing agents such as chromates,
dichromates, permanganates, peroxide and the like; gasoline; greases
and oils; compounds producing hydrogen sulfide, methane or any other
toxic, flammable or explosive gases, either upon acidification, alkalization,
oxidation or reduction; strong reducing agents such as nitrites, sulfides,
sulfites and the like; flammable or explosive liquids or solids; or
radioactive materials.
Any matter which contains pathogenic bacteria
in quantities larger than normally encountered in raw domestic sewage,
or any matter which can reasonably be expected to contain such pathogenic
bacteria in such quantities.
Industrial wastes containing solids which will
precipitate greater than 300 parts per million upon acidification
(pH below 5.5) or alkalization (pH above 8.5) or oxidation or reduction.
Industrial wastes having a viscosity exceeding
1.10 poises (absolute viscosity) upon discharge or after acidification
(pH below 5.5) or alkalization (pH above 8.5).
Industrial waste having a temperature upon discharge
outside of the range of 32° to 150° F. In no case shall any
discharge cause the influent temperature at the sewage treatment plant
to exceed 104° F. (40° C.).
Industrial waste having a color of an intensity
in excess of 500 platinum-cobalt standard units, as determined under
Part 204A of the 15th Edition of Standard Method for the Examination
of Water and Wastewater. In testing such intensity, samples shall
be diluted with distilled water to bring the range within 10 to 50
units and judged on a basis of intensity or transmission of light
rather than true color (Platinum-Cobalt Standard).
Industrial waste having chemical characteristics
in excess of the following limits:
Five-day, twenty-degree-centigrade BOD: 300
parts per million maximum.
Suspended solids: 300 parts per million maximum.
Chlorine demand (30 minutes at room temperature):
25 parts per million maximum.
Settleable solids (Imhoff cones test), one hour:
15 milliliters per liter maximum.
Hydrogen ion concentration (pH): 6.0 to 9.0.
Materials which exert or cause unusual volume
of flow or concentration of wastes, constituting "slugs" as defined
herein.
Any water or waste containing fats, wax, grease
or oils in excess of 100 milligrams per liter or containing substances
which may solidify or become viscous at temperatures between 32°
and 150° F.
Any garbage that has not been properly shredded
to a degree that all particles will be carried freely under the flow
conditions normally prevailing in sewers.
Any waste, including business, commercial or
industrial wastes, which exceeds allowable discharge levels as promulgated
by the United States Environmental Protection Agency pursuant to Section
307(b) and (c) of the Federal Water Pollution Control Act and Amendments,
entitled "Industrial Pretreatment Requirements," and such other liquids,
substances or materials that may be enumerated by the Village to be
objectionable or toxic; that may be defined by the Village to have
toxic or otherwise deleterious effect upon or be incompatible with
the sewage works, processes, equipment, groundwaters or watercourses;
or that create or constitute a public nuisance.
Garbage, refuse, decayed wood, sawdust, shavings, bark, sand,
lime, cinders, ashes, offal, oil, tar, dyestuffs, acids, chemicals
and all other discarded matter not sewage or industrial waste.
Any individual, partnership, firm, company, association,
society, corporation or group.
The logarithm of the reciprocal of the weight of hydrogen
ions in grams per liter of solution.
The alteration of the biological, chemical, radiological
or aesthetic integrity of water from the presence of sewage, industrial
waste or other waste.
Any treatment process or processes required to produce a
discharge compatible with the Village's sewage works and which will
conform to both qualitative and quantitative requirements of this
article.
When used as a modifier, those facilities not owned by the
Village or a public entity.
Any non-Village sewage works.
Any sewer other than a public sewer.
Garbage that has been shredded to such degree that all particles
will be carried freely under the flow conditions normally prevailing
in the sewers, with no particle greater than 1/2 inch in any dimension.
Those facilities owned or operated by a sewage works corporation
under the Transportation Corporations Law or by a governmental entity
other than the municipality.
A sewer in which all the owners of abutting properties and
others within a district or area have equal rights and which is controlled
by public authority.
Synonymous with "sewage works."
Watercourse, natural outlet or groundwaters.
All single-family, two-family and three-family dwellings
located within the existing Sewer District, as expanded and as may
be expanded from time to time in the future.
[Added 3-26-2001 by L.L. No. 2-2001]
A sewer which carries sewage and to which storm-, surface
and ground waters are not intentionally admitted.
The authorization to discharge scavenger wastes into the
county sewage works.
The liquid and waste solids contained in subsurface sanitary
sewage disposal systems and appurtenances, waste sludge generated
at sewage treatment plants and other similar wastes.
The Suffolk County Department of Health Services.
The Suffolk County Department of Public Works.
Water-carried wastes from residences, institutions, businesses,
commercial and industrial buildings and establishments, or a combination
thereof, together with such ground-, surface and stormwater as may
be inadvertently present. The admixture of sewage with industrial
waste or other wastes shall also be considered "sewage" within the
meaning of this definition.
The entire system of sewers, treatment facilities and their
appurtenances for collecting and treating sewage.
Any arrangement of devices and structures used for treating
sewage.
All facilities and appurtenances for collecting, pumping,
treating and disposing of sewage, and shall be synonymous with "sewer
system."
A pipe, conduit or pump for carrying sewage, and shall include
interceptor, trunk and street lateral pipes and their related facilities
and appurtenances.
The entire system of sewers and their appurtenances for collecting
sewage, industrial waste and other wastes.
The grade or pitch of a line of pipe in reference to a horizontal
plane. In a drainage context it shall express the fall on a fraction
of an inch per foot's length of pipe.
Any discharge of water, sewage or industrial waste which,
in concentration of any given constituent or in quantity of flow,
exceeds, for any period of duration longer than 15 minutes, more than
five times the average twenty-four-hour concentration or flow during
normal operation.
The system established pursuant to Article 17 of the Environmental
Conservation Law for the issuance of permits authorizing discharges
to the waters of New York State.
A pipe or device which carries storm- and surface waters
and drainage, but excludes sewage and industrial wastes, other than
unpolluted cooling water.
Shall have the meaning assigned to it by the Insurance Law
of the State of New York.
Solids that either float on the surface of or are in suspension
in water, sewage or other liquids and which are removable by laboratory
filtering.
Any substance or combination of substances, including disease-causing
agents, which, when discharged and exposed, ingested, inhaled or assimilated
into any organism, either directly from the environment or indirectly
through food chains, will, on the basis of information available to
the NYSDEC, cause death, disease, behavioral abnormalities, cancer,
genetic mutations, physiological malfunction, including malfunction
in reproduction, or physical deformations in such organisms or their
offspring.
Any arrangement of devices, structures and facilities used
to treat or pump sewage, industrial wastes and/or other wastes.
Any unreasonable risk of harm.
The United States Environmental Protection Agency.
Any sink, compartment sinks, containers, buckets, or other
device or vessel in a food establishment where utensils, dishware
equipment and other items coming into contact with food are cleaned.
[Added 1-12-2009 by L.L. No. 2-2009]
Any discarded substance.
A stream, river, creek, channel, harbor, bay or ocean of
any kind in which a flow of water occurs, either continuously or intermittently.
C.
When used in this article, "shall" is mandatory; "may"
is permissive.
The purpose of this article is to protect the
public health and environment and prevent nuisances by:
A.
Providing for maximum efficiency and effectiveness
in the construction, operation and maintenance of the Village's sewer
system.
B.
Regulating all connections to, discharges to and usage
of the Village's sewer system.
C.
Requiring treatment, prior to introduction into the
sewer system and other sewers tributary thereto, of such wastes as
may be harmful to the physical structure of the system or disruptive
of the normal treatment process.
D.
Requiring connection to and use of the sewer system.
E.
Prohibiting the introduction into the sewer system
and other sewers tributary thereto of such wastes whose flammable,
poisonous or hazardous volume or inordinate rate of flow may be harmful
or disruptive to the system, its operation and maintenance or its
operation and maintenance personnel.
F.
Providing for the efficient and effective use of disposal
systems not owned by the Village by regulating their construction,
operation and maintenance.
G.
Prohibiting the introduction into the sewer system
of any waste or discharge of any kind which prevents sludge produced
at the Village's sewage treatment plant to be disposed of at any Suffolk
County owned sewage works.
H.
Preventing new sources of infiltration and inflow
and, as much as possible, eliminating existing sources of infiltration
and inflow.
It shall be unlawful for any person to place,
deposit or permit to be deposited in any insanitary 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.
It shall be unlawful to discharge to any natural
outlet or storm sewer under the jurisdiction of the Village any sanitary
sewage, industrial wastes or other polluted waters, except where suitable
treatment has been provided in accordance with New York State Department
of Environmental Conservation laws, rules and regulations.
The owner of all houses, buildings or properties
used for human occupancy, employment, recreation or other purposes,
situated within the Village and abutting on any street, alley or right-of-way
in which there is now located or may in the future be located a public
sanitary sewer of the Village, is hereby required, at his expense,
to install suitable toilet facilities therein and to connect such
facilities directly to the proper public sewer in accordance with
the provisions of this article within 90 days after date of official
notice to do so, provided that said public sewer is within 100 feet
of the property line.
A.
The Village of Patchogue discourages in all instances and prohibits in most instances private sanitary sewer systems. However, in those instances where conditions are such that buildings cannot be connected to a public sanitary sewer because of nonavailability, under the provisions of § 353-7 herein, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this article and subject to regulations and standards as set forth by the Suffolk County Department of Health Services (SCDHS).
B.
All persons wishing to construct a private sewage
disposal system shall first make application, in writing, to the Department
of Public Works of the Village, stating in concise terms the reasons
why such building cannot be connected to a public sanitary sewer.
C.
Prior to construction of the private sewage disposal
system, the owner shall have obtained the necessary permits from Suffolk
County Department of Health Services.
D.
Once all SCDHS permits have been obtained, the owner
shall apply for a Village permit, on forms furnished by the Village,
which the applicant shall supplement by any plans, specifications
and other information as deemed necessary by the Village. All SCDHS
permits shall be attached to the application. A permit and inspection
fee of an amount established to a schedule adopted by resolution of
the Board[1] shall be paid to the Village at the time the application
is filed.
[1]
Editor's Note: The current Fee Schedule is
on file in the office of the Village Clerk.
E.
A permit for a private sewage disposal system shall
not become effective until the installation is completed to the satisfaction
of the Village. Village representatives shall be allowed to inspect
the work at any stage of construction; and, in any event, the applicant
for the permit shall notify the Village when the work is ready for
final inspection and before any underground portions are covered.
The inspection will be made within 48 hours of receipt of the notice
by the Village.
F.
The owner shall operate and maintain the private sewage
disposal system and dispose of scavenger waste in accordance with
rules, regulations and standards of the Suffolk County Department
of Health Services and Suffolk County Department of Public Works.
G.
At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in § 353-7, a direct connection shall be made to the public sewer in compliance with this chapter and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned as required hereinafter.
H.
When a public sewer becomes available, the building
sewer shall be connected to said sewer within 90 days after official
notice to do so, provided that said properties are wholly or partially
within the Sewer District of the Village now existing or hereafter
established. The existing private sewage disposal system shall be
cleaned of sludge and filled with clean bank-run gravel and sand and
well compacted.
I.
Upon the failure of any owner to connect to the public
sewer, the Village may serve, by certified mail, return receipt requested,
a notice of violation of this article upon said owner. If, after five
days from the service of such notice, the owner fails to correct the
violation, the Village may, through its employees or contractor, enter
upon the property where such violation exists and construct a proper
connection. The cost of such work shall be assessed against said owner.
A.
Permit required. A written permit shall be obtained
from the Board before any connection, change of use, opening, uncovering,
use, discharge, alteration or other disturbance of a Village sewer,
or its tributaries and appurtenances, is made. The permit shall be
displayed in a conspicuous place. Any work performed after the issuance
of a permit shall be in conformity with its terms and conditions and
the provisions of this chapter.
B.
Permit application and application fee.
(1)
The property owner shall apply for a permit on a form
furnished by the Village Clerk and shall provide all information called
for on the form.
(2)
The permit application shall be accompanied by an
application fee, established pursuant to a schedule adopted by resolution
of the Board,[1] and by plans, specifications or other information considered
pertinent by the Board.
[1]
Editor's Note: The current Fee Schedule is
on file in the office of the Village Clerk.
(3)
All permit applications for service to establishments
producing industrial wastes shall be subject to Board approval after
a public hearing held upon 10 days' notice to the general public by
publication in the Village's official newspaper.
C.
Permit fees and classes. A combined permit and inspection
fee (sewer connection fee) shall be paid to the Village before a permit
is issued. Fees shall be established pursuant to the schedule adopted
by resolution of the Board[2] and may vary depending on whether the property served
is residential, commercial or industrial and on whether the permit
is for an original building sewer connection or some other purpose.
[2]
Editor's Note: The current Fee Schedule is
on file in the office of the Village Clerk.
D.
Expenses, indemnification, contractor registration
and insurance.
(1)
All costs and expenses incidental to the installation
and connection of the building sewer shall be borne by the property
owner.
(2)
Property owners who install their own building sewer
lateral connection shall indemnify the Village from any loss or damage
that may directly or indirectly be occasioned by said installation.
(3)
Any person working for a fee (contractor) to make
connections to the sewer system must register with the Village.
(4)
All registered contractors must have on file with
the Village an owner's and contractor's protective liability insurance
policy, in the name of the Incorporated Village of Patchogue, in the
following amounts; bodily injury, $500,000 for each person and $1,000,000
for each accident; and for property damage of $100,000.
E.
Separate building sewers. The drainage and plumbing
system of each building shall have a separate and independent connection
with the sewer wherever possible. Where one building stands in the
rear of another or is on an interior lot and no connection to a sewer
is available nor can be made through an adjoining alley, court, yard
or driveway, then the building sewer from the building on the front
of the lot may be extended to the building on the rear of the lot.
This may be considered as one building sewer for permit and inspection
fee purposes, but, for sewer service charge, user charge and/or rent
purposes, the number of connections shall be based upon the number
of units being serviced.
F.
Existing building sewers. Existing building sewers
may be used in conjunction with new buildings only when they are found,
upon information and testing by the Board, wholly at the expense of
the property owner, to meet all requirements of this chapter and any
other laws, rules, regulations and specifications which apply.
G.
Maintenance and repair. The repair, maintenance and
cleaning of a building sewer is the responsibility of the property
owner. In the event of the property owner's failure to repair, maintain
or clean said sewer, the Village may undertake the necessary work
and charge all expenses to the property owner. A minimum charge for
such works shall be set by resolution of the Board.
H.
Disconnections. Before any building with a building
sewer is demolished, the owner thereof shall conform to requirements
established by the Board. The cutoff or plugging of the building sewer
shall be done only with the permission and under the supervision of
a Village representative.
I.
Future sewer facilities. Improvements, enlargements
and extensions by private organizations to the sewer system shall
be subject to the approval of the Board with regard to design, construction
and operation. Prior to the approval of the plans for improvements,
enlargements and extensions, said private organizations shall deposit
with the Village a sum sufficient to cover inspection costs. This
sum shall be established pursuant to a schedule adopted by resolution
of the Board, based on a percentage of the estimated cost of construction.
Any unused balance of the deposits remaining after completion and
acceptance of the construction shall be refunded.
J.
Construction inspection and approval. The applicant
for the connection of any building sewer to the sewer system shall
notify the Board when the building sewer is ready for inspection and
connection to the sewer. In no case shall any underground portions
of the building sewer be covered or connection to the sewer made without
the approval and and/or supervision of the Board. Trenches refilled
prior to inspection shall be reopened by the contractor or owner at
no expense to the Village. The building sewer may be put into use
only after satisfactory final inspection has been made and approval
given by the Board or agents thereof.
K.
Specific construction requirements.
(1)
Building sewers and water service branches or connections
shall not be laid in the same trench and shall be separated by at
least 10 feet. A minimum vertical separation of 18 inches shall be
maintained between water and sewer facilities under all circumstances.
Any building sewer installation in the vicinity of any water main
or water service pipe shall conform to all requirements of the SCDHS.
Whenever the construction of sewer facilities is taking place in close
proximity to a water service branch or connection, the Board may cause
the work to be performed by the owner of said water service and bill
the property owner for all expenses.
(2)
The building sewer shall be laid at a depth sufficient
to afford protection from frost (minimum of three feet six inches
below finished grade) and at a uniform grade of 1/4 inch per foot,
or about 2%. Special permission may be given by the Board to use a
lesser grade, which in no case shall be less than 1/8 inch per foot,
or about 1%.
(3)
No building sewer shall be installed within three
feet of and parallel to any bearing wall.
(4)
Pipe diameters. No house sewer from the public sewer
to the property line shall be of a nominal diameter less than six
inches. Inside the property line, the diameter of pipe shall not be
less than four inches if existing lines are used and not less than
six inches for new lines.
(5)
Prohibited connections. No person shall discharge
any stormwater, surface water, groundwater, roof runoff, subsurface
drainage, cooling water or unpolluted industrial waters to any sanitary
sewer.
(6)
Pipe and joint specifications. The building sewer
shall be constructed using one of the following pipe materials: cast
iron, asbestos cement, ABS (acrylonitrile/butadiene/styrene) solid
wall or PVC (polyvinyl chloride).
(a)
Cast-iron pipe. All cast-iron pipe shall be
extra-heavy wall conforming to ASTM Designation A-74, latest revision.
Joints for cast-iron pipe and fittings with hubs and plain-end spigots
shall be made with positive double-seal compression-type gaskets conforming
to ASTM Designation C-564, latest revision. All hubless cast-iron
pipe and fittings shall be joined with neoprene-rubber gaskets and
screw-on stainless steel clamps. All parts of the clamping assembly
shall bear the registered insignia indicating that these items comply
with the Cast-Iron Soil Pipe Institute Standard 301, latest revision.
(b)
ABS solid-wall pipe. All ABS solid-wall pipe
shall be made of a virgin rigid ABS plastic conforming to ASTM Designation
D-2751, latest revision. Pipe shall be Class SDR 23.5 (extra-strength)
or Class SDR 35. ABS solid-wall sewer pipe and fittings shall be furnished
with solvent-cement joints in which pipe solvent cements into a coupling
socket to form the joint closure. Primer for solvent welding shall
be a methyl ethyl ketone (MEK) and the cement shall be MEK containing
a minimum of 20% by weight of dissolved ABS. Strict conformance with
ASTM Designation F-902, latest revision, is required.
(c)
PVC pipe. All PVC pipe and fittings shall conform
to ASTM Designation D-3034, latest revision, and shall have an SDR
classification of 35.
(d)
Special backfilling requirements for Class SDR
35 pipe. All SDR 35 pipe shall be installed in accordance with the
provisions of ASTM Designation D-2321, latest revision, Underground
Installation of Flexible Thermoplastic Sewer Pipe. If requested by
the Village, a compaction test may be required on each building sewer
installed to ensure compliance with the requirements of ASTM Designation
D-2321. The only exception will be when a contractor installs more
than one building sewer in any one day. For those cases, one compaction
test will be required on the first building sewer installed, with
an additional compaction test required for each third building sewer
installed thereafter. The compaction testing will be conducted by
an independent laboratory previously approved by the Village. All
compaction tests will be performed at the contractor's expense. In
addition, the Village reserves the right to order additional compaction
testing at random locations to further verify compliance with the
compaction requirements.
(e)
Pipe material and size transitions. When a connection
of two differing pipe materials and/or sizes is required, the drainlayer
shall provide the Village's agents with catalog cuts of the proposed
device used to join said pipes. The device shall be either a specialized
adaptor or a flexible coupling, manufactured specifically for the
joining of differing pipes. No such device shall be installed prior
to the drainlayer's receipt of written approval from the Board.
(f)
Depth of pipes. No PVC or ABS pipe shall be
laid in a public highway or building driveway at a depth less than
48 inches. Pipes laid with less than 48 inches of cover shall be extra-heavy
cast iron. All cast-iron pipes shall be covered to a depth of at least
two feet, or one foot with Village approval, above the crown of the
pipe with select fill acceptable to the Village Engineer, entirely
free from stones and rubbish and carefully compacted.
(g)
Excavations, pipelaying, backfill specifications.
The size, slope, alignment, material of construction of a building
sewer and the methods to be used in excavating and placing the pipe,
jointing, testing and backfilling the trench shall conform to the
requirements of the building and plumbing codes and all applicable
rules and regulations. In the absence of code provisions, or in amplifications
thereof, the materials and procedures set forth in appropriate specifications
of the American Society for Testing and Materials and Water Pollution
Control Federation Manual of Practice No. 9 shall apply. All excavations
for building sewer installations shall be guarded with barricades
and light so as to protect the public from hazard. Streets, sidewalks,
parkways and other public property disturbed in the course of the
work shall be restored in a manner satisfactory to the Village.
(h)
Connection to public sanitary sewer. The connection
of the building sewer into the public sanitary sewer shall be made
at the Y-branch if such branch is available at a suitable location.
If the public sanitary sewer is 12 inches in diameter or less and
no properly located Y-branch is available, the owner shall, at his
expense, install a Y-branch in the public sanitary sewer at the location
specified by the Village. Where the public sanitary sewer is greater
than 12 inches in diameter and no properly located Y-branch is available,
a neat hole may be cut into the public sanitary sewer to receive the
building sewer, with entry in the downstream direction at an angle
of about 45°. A forty-five-degree ell may be used to make such
connection, with the spigot end cut so as not to extend past the inner
surface of the public sanitary sewer. The invert of the building sewer
at the high point of connection shall be at the same elevation as
or higher than the invert of the public sanitary sewer. A smooth,
neat, watertight joint shall be made. When a cut-in into a public
sanitary sewer is necessary, the saddle shall be of the same material
as the existing main or lateral. For example, when cutting into a
cast-iron sanitary sewer, the appropriate cast-iron saddle shall be
used. Similarly, when cutting into a ABS or PVC sewer line, a matching
saddle shall be used. The only exception to this rule occurs when
cutting into an existing asbestos-cement sanitary sewer. In this case,
a cast-iron saddle may be used to make the building sewer connection.
However, concrete encasement of the connection assembly is required
in such an instance. Special fittings may be used for the connection
only after approval by the Board. No connections shall be made to
manholes unless specifically approved, in writing, by the Village.
Where the public sewer is located at an unusual depth, the connection
to the public sewer shall be made as required by the Village. Whenever
possible, the building sewer shall be brought to the building at an
elevation below the basement floor. In all buildings in which any
building drain is too low to permit gravity flow to the public sewer,
sanitary sewage carried by such building drain shall be lifted by
an approved means and discharged into the building sewer. The cost
thereof shall be borne by the owner. The term "approved means" signifies
that the owner has submitted plans for lifting the sewage, to the
Village, and has received written approval of such system. Cleanouts
shall be installed on all building sewers so that the maximum distance
between cleanouts is 75 feet. If the building sewer is less than 75
feet in length, no cleanout will be required. In those cases where
the length of the building sewer is between 75 feet and 150 feet,
the cleanout shall be installed at the midpoint of the sewer line.
In addition, cleanouts will be required at all bends that equal or
exceed 23°. Cleanouts shall be constructed using Campbell frame
and cover No. 1735 or approved equal. Cleanout frames shall be set
in a concrete base, 36 inches by three inches by eight inches thick.
A.
Types of discharge restricted. No person shall discharge
into the sewer system any waste, substance or waters other than such
kinds or types of waters or water-carried wastes for conveyance of
which the particular public sewer is intended designed or provided.
B.
Storm- and related waters prohibited in sewers. No
person shall discharge or cause to be discharged any stormwater, surface
water, groundwater, roof runoff, subsurface drainage, cooling water,
air-conditioning and refrigerating wastewaters or untreated industrial
process waters to any sanitary sewer.
C.
Regulation of stormwater drainage. Stormwater, unpolluted
drainage and uncontaminated process water shall be discharged to storm
sewers or to a natural outlet. Such waters shall be discharged only
after the approval of any local, county or state regulatory agency
having jurisdiction.
D.
Prohibited discharges into sewers. Except as hereinafter
provided, no person shall discharge or cause to be discharged any
of the following described waters or wastes to any public sewer:
(1)
Any liquid or vapor having a temperature higher than
150° F.
(2)
Any water or waste which may contain more than 100
milligrams per liter (mg/l) by weight of fat, oil, wax or grease or
containing other substances which may solidify or become viscous at
temperatures between 32° and 150° F.
(3)
Any gasoline, benzene, naphtha, alcohol, tar, fuel
oil or other flammable or explosive liquid, solid, gas or vapor.
(4)
Any garbage except properly shredded garbage. The
installation and operation of any garbage grinder equipped with a
motor of 3/4 horsepower or greater shall be subject to the review
and approval of the Board.
(5)
Any ashes, cinders, stones, sand, mud, straw, shavings
or sawdust, metal, sticks, coarse rubbish, glass, rags, tar, feathers,
plastics, waste rubber, animal guts or tissues, entrails, blood, hair,
hides, wood, paunch manure or any other substance likely to damage,
destroy or cause an obstruction to the flow in any sewer or which
may interfere with the proper operation of the sewage works.
(6)
Any waters, sewage or wastes having a pH lower than
6.0 or higher than 9.0 or having any other corrosive or detrimental
property capable of causing damage or hazard to the sewage works or
personnel.
(7)
Any waters or wastes containing a toxic, poisonous
or radioactive substance in sufficient quantity to injure or interfere
with any sewage treatment process or to constitute a hazard to humans,
animals or marine life or create any hazard in the receiving waters.
(8)
Any noxious, malodorous or taste-producing gas, vapor
or substance, such as phenols, capable of creating a public or private
nuisance or which may prove toxic to sewage treatment processes or
which may exceed acceptable limits for discharge to receiving waters.
(9)
Materials which exert or cause:
(a)
Unusual concentrations of inert suspended solids
(such as, but not limited to, fuller's earth, lime slurries and lime
residues) or of dissolved solids (such as, but not limited to, sodium
chloride and sodium sulfate).
(b)
Excessive discoloration (such as, but not limited
to, dye wastes and vegetable tanning solutions).
(c)
Unusual BOD, suspended solids, chemical oxygen
demand or chlorine requirements in such quantities as to constitute
a significant load on the sewage treatment works, as determined by
the Village Engineer.
(d)
Unusual volume of flow or concentration of wastes
constituting slugs as defined herein.
(10)
Waters or wastes containing substances which
are not amenable to treatment or reduction by the sewage treatment
processes employed or are amenable to treatment only to such degree
that the sewage treatment plant effluent cannot meet the requirements
stipulated in the SPDES permit.
E.
All sludge produced and generated by the Village's
sewage treatment plant is disposed at the Suffolk County owned and
operated Bergen Point Water Pollution Control Facility. Continued
acceptance of the sludge is contingent upon the Village's meeting
the limitations imposed by the Department of Public Works Sewer Use
Rules and Regulations Appendix A, Article V. Section 3A, for the County
of Suffolk. A list of these parameters, appended at the end of this
chapter, stipulates the discharge concentration limits established
by Suffolk County. In order to comply with these regulations, it shall
be unlawful for any discharge into any Village of Patchogue facility
to exceed the toxic and objectionable chemical concentration limits
(latest revision) set by the SCDPW Sewer Use Rules and Regulations
and adopted for use by the Village of Patchogue.
F.
The Village may, after notice and hearing, establish
and keep current a list of prohibited or limited wastes, including
but not limited to a schedule of sewer discharge concentration limits.
The Village reserves the right to establish more stringent limitations
or requirements on discharges as necessary. In the event of conflict
between local, county, state and federal regulations, the most stringent
shall prevail. Prohibited, objectionable or limited wastes listed
shall include:
(1)
Any waste, including business, commercial or industrial
wastes, which exceeds allowable discharge levels as promulgated by
the United States Environmental Protection Agency pursuant to Section
307(b) and (c) of the Federal Water Pollution Control Act and amendments,
entitled "Industrial Pretreatment Requirements," and such other liquids,
substances or materials that may be enumerated by the Administrator
to be objectionable or toxic. Business, commercial or industrial facilities
identified as categorical facilities pursuant to 40 CFR Part 403 must
comply with the previously indicated categorical pretreatment standards
as promulgated by USEPA.
(3)
Any storm drainage, surface water, groundwater, roof
runoff, subsurface drainage, uncontaminated cooling water or unpolluted
industrial process waters.
A.
If any waters or wastes are discharged or are proposed
to be discharged to the public sewers, which waters contain the substances
or possess the characteristics enumerated above and which may have
a deleterious effect upon the sewage works, processes, equipment or
receiving waters or which otherwise create a hazard to life or constitute
a public nuisance, the Village may:
(1)
Reject such wastes; or
(2)
Require pretreatment of such wastes to an acceptable
condition, standard and level, at the cost and expense of the applicant,
prior to discharge into the sewage works as elsewhere prohibited herein;
or
(3)
Require flow equalization by way of control over the
quantities and rates of discharge as elsewhere provided herein; or
(4)
Require that a suitable surcharge over and above other
assessments be paid in lieu of pretreatment for compatible industrial
wastes only, and in no event shall a surcharge be applicable in lieu
of conformance to Federal General Pretreatment Regulations (40 CFR
Part 403), Federal Categorical Pretreatment Standards or Village of
Patchogue Concentration Limits; or
(5)
Require that any applicant or sewer user provide,
at his own expense, chemical analyses, treatability studies, engineering
reports or other documentation from professional engineers or consulting
laboratories for the purpose of determining the acceptability of a
waste for discharge to the sewage works, which information shall be
reviewed by the Village; or
(6)
Bring such action and impose such penalties against
the violator as may be lawfully permitted; or
(7)
Any combination of the above.
B.
When pretreatment or flow equalization facilities
are required by the Village:
(1)
A compliance time schedule shall be furnished by the
Village to the applicant. Failure to meet the requirements of the
compliance schedule shall, in the case of an existing violation, be
construed as an additional violation of this chapter and be subject
to all penalties provided therefor. Said applicant shall retain, at
his own cost and expense, a professional engineer, licensed in New
York State, to prepare engineering reports and facility designs for
the Village's review and approval and to certify the compliant construction
for the required pretreatment or flow equalization facilities.
(2)
Thereafter, approved facilities shall be maintained
by the applicant to ensure effective and continuous operation.
(3)
The applicant may be required to collect representative
samples of the discharge to a sewage works and to have those samples
analyzed to determine compliance with applicable standards.
(4)
The applicant shall, at his own cost and expense,
modify, improve or alter, as required, his pretreatment or flow equalization
facility such that the discharge into a sewage works is in compliance
with all applicable pretreatment and flow discharge standards as specified
in this article.
C.
All measurements, tests and analyses of the characteristics
of wastewaters, discharges or wastes called for under this article,
when performed by or on behalf of applicants, shall be performed in
accordance with the latest edition of Standard Methods for the Examination
of Water and Waste Waters, published by the American Public Health
Association, Inc., et. al; ASTM Standards, Part 31, Water, Atmospheric
Analysis, published by the American Society for Testing and Materials;
Methods for Chemical Analysis of Water and Wastes, published by the
United States Environmental Protection Agency; and/or 40 CFR Part
136, Guidelines Establishing Test Procedures for the Analysis or Pollutants,
including amendments to any of the foregoing; of, at the option of
the Administrator, such other standards he may designate.
D.
On premises where wastes or substances specified to
be excluded from public sewers are present or where pretreatment and/or
flow equalization facilities are operating, the Village may require
the owner to provide, operate and maintain at his expense a sampling
well or wells, flow-measuring devices, manholes or other appurtenances,
all readily accessible, on the building sewer or drain from said premises
near the point where said sewer or drain connects to the public sewer.
By means of said sampling well or wells, flow-measuring devices or
other appurtenances, the Village, or any public officer having legal
jurisdiction or authorized agents, may secure samples of or examine
the wastes being discharged into the public sewer for the purpose
of determining compliance or noncompliance with the requirements of
these regulations.
E.
The Village shall have the right to enter and inspect
any part of the premises served by public sewers upon which there
may be reason to believe that violations of the requirements of these
regulations have occurred or are likely to occur, for the purpose
of ascertaining the facts as to such violation or suspended violation
or of obtaining samples of wastes or of inspecting flow-measuring
devices or treatment facilities provided to prevent prohibited discharges.
F.
All laboratory testing costs associated with analysis
of the waste stream shall be borne by the owner of said facility at
the current rate schedule of the testing laboratory employed to provide
such services by the Village. Facilities qualifying for said testing
services shall be as listed on, but not limited to those industry
categories included on, Table 2C-2, most recent amendment, of USEPA
Form 3510-2C of the Consolidated Permits Program.
G.
In the event that no special manhole has been required,
the control manhole shall be considered to be the nearest downstream
manhole in the public sewer for which the building sewer is connected.
A.
The Village Board shall be responsible for enforcing
the provisions of this article and such rules, regulations, specifications
and requirements as are promulgated pursuant to this article.
B.
The Board, USEPA and NYSDEC representatives, bearing
proper identification, shall be permitted to enter, at reasonable
times, upon all properties served by the Village sewer system or property
served by a private sewage disposal system pursuant to this article
or other property over, under, on or through which the Village has
an easement, for the purpose of inspection, observation, measurement,
sampling, inspecting and copying discharge records, testing, maintenance,
construction and, in general, for enforcement of the provisions of
this article. The Board shall have the right to set up such devices
as are necessary to conduct sampling or metering operations.
C.
Where a party in possession of property has security
measures in force, he shall make arrangements with his security personnel
so that, upon presentation of proper identification, personnel from
the Village, SCDPW, SCDHS, USEPA and NYSDEC will be permitted to enter
without delay.
D.
Discovery of violation.
(1)
Where a violation of the provisions of this article
is found, the Superintendent of Public Works or the Sewer Plant Operator
shall notify the alleged offender by personal service or by certified
mail, return receipt requested, of the nature of the violation, prescribe
a period of time, not to exceed 30 days, within which the specified
violation must be corrected and provide for an opportunity to be heard
within the prescribed period.
[Amended 4-22-2013 by L.L. No. 5-2013]
(2)
If the violation is not corrected within the period specified in said notice, the Superintendent of Public Works or the Sewer Plant Operator may take action pursuant to the provisions of § 353-14 of this chapter.
[Amended 4-22-2013 by L.L. No. 5-2013]
(3)
Upon a failure or refusal to make the correction and
in addition to any other remedies or penalties provided for in this
article, the Board shall have the right to disconnect any improper
connection from the sewer at the end of the time limit specified in
this section, and the offender shall be liable to the Village for
the expense of making such disconnection.
E.
Modification, revocation or suspension.
(1)
The Board may modify, revoke or suspend a permit or approval granted under this article when the modification, revocation or suspension is required by or consistent with a decision issued in an action instituted pursuant to § 353-14.
(2)
The Board may modify, revoke or suspend, without notice
or opportunity to be heard, a permit or approval granted under this
article when to do so is necessary to protect the Village's disposal
system, the public health or the environment from unreasonable adverse
effects, provided that a hearing, upon prior notice, is held within
three days after the modification, revocation or suspension.
F.
Emergency
shutdown. The Superintendent of Public Works or the Sewer Plant Operator
may disconnect, without notice or opportunity to be heard, any connection
from the sewer, when to do so is necessary to protect the Village's
disposal system, the public health, or the environment from immediate
and unreasonable adverse effects.
[Added 1-24-2011 by L.L. No. 2-2011; amended 4-22-2013 by L.L. No.
5-2013]
A.
Failure to comply. It shall be a violation for any
person to fail to comply with any of the provisions of this article,
including any order, rule, regulation, specification or requirement
issued pursuant to or in furtherance of this article.
B.
Prohibited practices.
(1)
No person shall impede, obstruct, hinder or otherwise
interfere with the Board in the performance of its duties under this
chapter.
(2)
No person shall maliciously, willfully or negligently
break, damage, destroy, uncover, deface or tamper with any structure,
appurtenance or equipment which is a part of the Village's disposal
and sewage treatment system.
(3)
No person shall make false, misleading or incomplete
statements in any application for a permit or other approval or in
any records required to be kept under this chapter.
(4)
No person shall cause any connection to be made between
a piping system carrying potable water and a piping system carrying,
at any time, anything other than potable water.
C.
Continuing violations. Each day that a violation continues
shall constitute a separate violation.
A.
Criminal penalties.
(1)
Any person convicted of violating this chapter shall be subject to the penalties in accordance with the provisions set forth at § 1-1 of this Code for each violation.
[Amended 9-9-1996 by L.L. No. 19-1996]
(2)
The Superintendent of Public Works or the Sewer Plant
Operator may issue a notice to appear to any person suspected, upon
probable cause, of violating this chapter. The notice shall specify:
[Amended 4-22-2013 by L.L. No. 5-2013]
B.
Civil penalties.
(1)
In lieu of or in addition to any other penalty, any person who willfully violates any provision of this chapter or any final determination or order of the Village Board of Trustees, the Superintendent of Public Works or the Sewer Plant Operator made in accordance with this chapter shall be punished in accordance with the provisions set forth at § 1-1 of this Code. Each offense shall be a separate and distinct offense, and, in case of a continuing offense, each day's continuance thereof shall be deemed a separate and distinct offense.
[Amended 9-9-1996 by L.L. No. 19-1996; 3-9-2009 by L.L. No.
7-2009; 4-22-2013 by L.L. No. 5-2013]
(2)
Civil proceedings under this section may be brought
by the Village's Attorney, at the request of the Mayor, or the Board,
in a court of competent jurisdiction.
(3)
Civil proceedings may also be brought to:
(a)
Secure injunctive relief.
(b)
Recover any expenses, including labor and materials,
incurred by the Village to remedy violations of the provisions of
this chapter.
(c)
Achieve such other remedies as may be available
under law or equity to correct or remedy a violation or protect the
interests of the Village.
Any persons aggrieved by any decision or determination
made by the Board pursuant to this chapter may bring a proceeding
to review such determination in the manner provided by Article 78
of the Civil Practice Law and Rules.
A.
Application. No statement in this chapter shall be
construed to interfere with any additional requirements that may be
imposed by any federal, state or local health authority having jurisdiction.
B.
Separability. If any provision of this chapter shall
be adjudged invalid, the judgment shall apply only to the provision
so adjudged and shall not affect, impair or invalidate any other provision
of this chapter.
C.
Repealer. All ordinances or local laws or parts thereof
in conflict with this chapter are hereby repealed.
A.
The costs of all improvements constructed in the Sewer
District and of the operation and maintenance of the facilities thereof
shall be assessed, levied and collected from the several lots and
parcels of land within the boundaries of said district, and which
charges shall be computed on the basis of ad valorem assessment, actual
usage of the sewer system and the fact of being a user connected to
said system, according to the following schedule:
[Amended 4-27-1987 by L.L. No. 7-1987; 7-12-1993 by L.L. No.
10-1993; 3-26-2001 by L.L. No. 2-2001; 3-9-2009 by L.L. No.
7-2009]
(1)
Fiscal Year 2001 and thereafter.
(a)
Residential property located within the Sewer
District but not connected to a public sewer shall be charged 0.5%
of its assessed value.
(b)
The balance of the costs of all improvements
constructed in the Sewer District and the operation and maintenance
of the facilities thereof shall be charged as follows:
[1]
Forty percent based on the ad valorem assessment
of all residential properties connected to a public sewer and of all
nonresidential properties located with the Sewer District.
[2]
Fifty percent based on actual usage of the sewer
system, calculated on the actual or estimated consumption of water
during the previous calendar year; however, with respect to single-family
residences not to exceed 55,000 gallons per year; with respect to
two-family residences not to exceed 110,000 gallons per year; and
with respect to three-family residences not to exceed 165,000 gallons
per year.
[3]
Ten percent based on the fact of being a nonresidential
property user connected to the sewer system.
B.
Said charges shall become due and payable on the first
day of June in each year or on such other day or dates as may be determined
by the Board of Trustees. They shall be collected by the Village Clerk
and shall constitute a lien on the real property pursuant to Article
14-F of the General Municipal Law.
C.
Waste strength surcharge. Users who discharge sewage in greater concentrations than permitted by this section shall be charged an annual waste strength surcharge. Said surcharge shall be due, payable, and collected in accordance with § 353-17B. The surcharge shall be calculated as follows:
[Added 1-24-2011 by L.L. No. 2-2011]
(1)
The
user's annual permitted waste strength will be subtracted from the
annual sampled waste strength average to arrive at a surcharge concentration.
The number of gallons of waste that would have been discharged had
the surcharge concentration been discharged at the permitted waste
strength is then multiplied by the Village's annual cost per gallon
to treat sewage of permitted waste strength. The resulting number
is the annual waste strength surcharge.
(2)
The
user's annual waste strength average will be determined by averaging
the samples collected from the user's sewage discharge. Samples shall
be collected and tested on a monthly basis by the Administrator's
appointed designees. The costs associated with the collecting and
testing shall be borne by the user, including all labor costs.
[Added 1-12-2009 by L.L. No. 2-2009]
A.
The purpose of this section is to protect residents,
businesses, and the environment within the Village of Patchogue from
blockages of the Village's sanitary sewer system caused by grease,
kitchen oils, and other substances discharged from food establishments
located in the Village.
B.
The effective date of this section is the date enacted
by the Village Board of the Village of Patchogue.
C.
Installation and maintenance of traps; storage and
disposal of grease.
(1)
Grease trap installation. The Superintendent of Public
Works or the Sewer Plant Operator may at any time require the installation
and/or relocation of an internal or external grease trap at a food
establishment, as he/she may deem necessary to maintain any particular
building sewer pipe, any lateral sewer pipe, or sewer main pipe free
from obstructions caused by grease or oil emanating from a food establishment.
[Amended 4-22-2013 by L.L. No. 5-2013]
(2)
Food establishment. In every case where a food establishment
is preparing or selling food, a suitable internal or external grease
trap conforming to applicable building and plumbing codes must be
installed.
(3)
New or remodeled food establishments. All food establishments
with a warewash sink must install an internal grease trap. New or
remodeled food establishments, at the discretion of the Superintendent
of Public Works or the Sewer Plant Operator, must install an external
grease trap. For the purpose of this regulation, a "remodeled food
establishment" is a food establishment that undergoes a renovation
requiring the submittal of plans to the Village Building and Housing
Department and the Department of Public Works during the plan review
process.
[Amended 4-22-2013 by L.L. No. 5-2013]
(4)
Requirements. External grease traps must have a minimum
capacity of 1,000 gallons and shall be sized in accordance with the
standards set forth in the Uniform Code of the State of New York,
Grease Traps. In the absence of seating, the minimum size grease trap
shall be 1,000 gallons or 100% of peak daily water use, whichever
is greater, to ensure a twenty-four-hour detention time. For the purpose
of this regulation, when evaluating new construction, the peak daily
flow used may be established by water use records from a similar food
establishment.
D.
Grease trap maintenance. All grease traps shall be
maintained by the food establishment at the food establishment's expense.
At a minimum, the food establishment or its designee shall inspect
grease traps monthly and shall have all grease traps cleaned before
the amount of grease exceeds 25% of the grease capacity of the grease
trap or once every month for internal grease traps and once every
three months for external grease traps, whichever comes first. Written
logs of inspections, cleaning and pumpings shall be filed with the
Department of Public Works every 90 days.
[Amended 4-22-2013 by L.L. No. 5-2013]
E.
Best management practices. Food establishments shall
integrate best management practices to reduce grease discharged to
the sewer system. In addition to maintenance of grease traps, best
management practices include, but are not limited to:
F.
Storage of waste grease from food preparation. All
waste grease and other related wastes requiring storage at the food
establishment as a result of removal from grease traps or otherwise
shall be collected and stored in an appropriate container(s) (i.e.,
fifty-five-gallon drums or such other suitable storage containers)
in an approved location at the food establishment. The container(s)
shall be stored on an impervious surface such as concrete or pavement.
Containers shall be either sealed or stored in a sheltered area, and
maintained to prevent entry of precipitation and of animals. All waste
grease and related wastes shall be removed from the food establishment
only by a permitted septage handler. All grease containers and surrounding
areas must be kept in a sanitary condition at all times.
G.
Disposal. All waste grease and related wastes shall
be removed from the food establishment only by a permitted septage
handler. All material removed from grease traps, and hauling and disposal
of grease and other related waste, shall be documented in a written
record. The food establishment is responsible for assuring that all
waste grease and related wastes are disposed of in accordance with
all federal, state, and local disposal regulations.
H.
Inspection and recordkeeping.
(1)
The Superintendent of Public Works and the Sewer Plant
Operator shall enforce the provisions of this regulation. The Superintendent
of Public Works and the Sewer Plant Operator or their respective designees
may enter upon any premises at any reasonable time to inspect for
compliance.
[Amended 4-22-2013 by L.L. No. 5-2013]
(2)
The grease traps shall be subject to a mandatory annual
inspection by the Department of Public Works. Failure to timely file
with the Department of Public Works the required cleaning logs and
invoices, or an incomplete reporting, shall require an inspection
in addition to the mandatory annual inspection.
[Amended 4-22-2013 by L.L. No. 5-2013]
(4)
All records pertaining to purchasing, storage and
removal of grease and related products and waste products shall also
be retained by the food establishment on premises for no less than
two years.
(5)
Refusal to provide reasonable cooperation and access
shall constitute a violation of these regulations subject to enforcement
as set forth below.
I.
Enforcement notice.
[Amended 4-22-2013 by L.L. No. 5-2013]
(1)
The Superintendent of Public Works, the Sewer Plant
Operator, the Building Inspector or Code Enforcement Officer may serve
upon any person in violation of this regulation a written notice stating
the substance of the violation. Within five days of the date of such
notice, a plan for correction of the violation shall be submitted
to the Department of Public Works. Failure to correct violations of
any provision of this regulation may result in enforcement and/or
penalties as set forth below.
(2)
Whoever violates any provision of this regulation may be penalized by the Superintendent of Public Works and/or the Sewer Plant Operator. Any person who violates any provision of this article shall be subject to the penalties set forth in § 353-14. Each day or portion thereof shall constitute a separate offense. If more than one, each condition violated shall constitute a separate offense. In addition to the penalties under § 353-14, in the event of a violation of any of the provisions of this article, the Village may pump out the grease trap and charge the violator with the costs of such pump-out, as well as a mandatory $500 processing fine.