[Adopted 9-7-1976 by L.L. No. 3-1976; amended in its entirety 7-9-1985 by L.L. No. 2-1985 (Ch. 95 of the 1971 Code)]
It is hereby declared that the Village of Highland Falls Sewer Department, including the operation of the sewage treatment works, sewage laterals and all parts of the public sanitary system, shall be administered, operated and used in the common interest of the public, and this principle entails the following fundamental policies:
Privies, septic tanks, cesspools, open sewer outlets and other hazardous noisome methods of waste disposal shall not be permitted to exist where the public sewer system is available for service.
The public wastewater collection and treatment facilities shall be used in a manner consistent with the purposes and capacities for which such facilities were designed.
No use of the municipal wastewater facility shall be permitted that may result in physical damage to the structures, interference with operation or unreasonable maintenance attention and expense.
Definitions. Unless the context specifically indicates otherwise, the meanings of terms used in this article shall be as follows:
- BIOCHEMICAL OXYGEN DEMAND (BOD)
- The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20° C., expressed in milligrams per liter.
- BUILDING DRAIN
- That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning three feet outside the inner face of the building wall.
- BUILDING SEWER
- The extension from the building drain to the public sewer or other place of disposal, also called a "house connection."
- COMBINED SEWER
- A sewer intended to receive both wastewater and storm- or surface water.
- An acquired right for the specific use of land owned by others.
- FLOATABLE OIL
- Oil, fat or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. Wastewater shall be considered free of floatable fat if it is properly pretreated and if the wastewater does not interfere with the collection system.
- The animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods.
- INDUSTRIAL WASTES
- The wastewater from industrial processes, trades or businesses as distinct from domestic or sanitary wastes.
- A pipe or conduit that goes from the sewer main, including
the connection of the pipe or conduit to the sewer main, up to the
foundation of a structure with plumbing that is used to transmit sewage
from the structure to the sewer collection system.[Added 3-7-2011 by L.L. No. 2-2011]
- NATURAL OUTLET
- Any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body of surface or ground water.
- Any individual, firm, company, association, society, corporation or group.
- The logarithm of the reciprocal of the hydrogen ion concentration. The concentration is the weight of hydrogen ions, in grams, per liter of solution. Neutral water, for example, has a pH value of seven and a hydrogen ion concentration of 10-7.
- PROPERLY SHREDDED GARBAGE
- The wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch (1.27 centimeters) in any dimension. Garbage grinders shall not be used for the disposal of plastic, paper products, inert materials, garden refuse or wastes generated in preparation of food not normally consumed on the premises.
- PUBLIC SEWER
- A common sewer controlled by a governmental agency or public utility.
- SANITARY SEWER
- A sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions, together with minor quantities of ground-, storm- and surface waters that are not admitted intentionally.
- The water-carried human or animal waste from residences, buildings, industrial establishments or other places. The admixture with sewage, as above defined, of industrial waste or other waste, as hereafter defined, also shall be considered sewage within the meaning of this article. The preferred term is "wastewater."
- A pipe or conduit that carries wastewater or drainage water.
- SEWER SYSTEM
- The sanitary sewer owned by and operated by the Village of Highland Falls, including all sewer pipes and other appurtenances which are used or useful, in whole or in part, in connection with the collection, treatment or disposal of sewage, industrial wastes and other wastes and which are owned, operated or maintained by the Village of Highland Falls, including pumping stations, sewage treatment and disposal works, and all extensions, additions and improvements which may be made to such system.
- Any discharge of water or wastewater 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 flows during normal operation and shall adversely affect the collection system and/or performance of the wastewater treatment works.
- STORM DRAIN
- A drain or sewer for conveying water, groundwater, subsurface water or unpolluted water from any source (sometimes termed "storm sewer").
- The Superintendent of Public Works of the Village of Highland Falls or his authorized deputy, agent or representative.
- SUSPENDED SOLIDS
- Total suspended matter that either floats on the surface of, or is in suspension in, water or other liquids and that is removable by laboratory filtering as prescribed in Standard Methods for the Examination of Water and Wastewater and referred to as "nonfilterable residue."
- UNPOLLUTED WATER
- Water of quality equal to or better than the effluent criteria in effect, or water that would not cause violation of receiving-water-quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided.
- The spent water of a community from the standpoint of source; it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions, together with any groundwater, surface water and stormwater that may be present.
- WASTEWATER FACILITIES
- The structures, equipment and processes required to collect, carry away and treat domestic and industrial wastes and dispose of the effluent.
- WASTEWATER TREATMENT WORKS
- An arrangement of devices and structures for treating wastewater, industrial wastes and sludge (sometimes used as synonymous with "waste treatment plant" or "wastewater treatment plant" or "water pollution control plant").
- A natural or artificial channel for the passage of water, either continuously or intermittently.
Word usage."Shall" is mandatory; "may" is permissive.
It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the Village of Highland Falls, or in any area under the jurisdiction of said Village of Highland Falls, any human or animal excrement, garbage or objectionable waste.
It shall be unlawful to discharge to any natural outlet within the Village of Highland Falls, or in any area under the jurisdiction of said Village, any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this article.
Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of wastewater.
The owner(s) 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 or combined sewer of the Village, are hereby required at the owner(s)' expense to install suitable toilet facilities therein and to connect such facilities directly with the proper public sewer, in accordance with the provisions of this article, within 90 days after the date of official notice to do so, provided that said public sewer is within 100 feet (30.5 meters) of the property line.
No person(s) shall uncover, make any connection with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Superintendent of Public Works.
In either case, the owner(s) or his agent shall make application on a special form furnished by the Village of Highland Falls. The permit shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Superintendent of Public Works. A permit and inspection fee established by resolution of the Board of Trustees for a residential or commercial building sewer permit and for an industrial building sewer permit shall be paid to the Village at the time the application is filed.
[Amended 6-16-1987 by L.L. No. 6-1987]
[Amended 4-7-1999 by L.L. No. 3-1999]
The property owner shall install the service pipe and tap and all necessary appurtenances from the sewer main to the building at the property owner's sole cost and expense. Where an existing sewer main does not front on the property and/or where a sewer main must be extended in order to provide sewer service to the property, the property owner shall also install the sewer main and all necessary appurtenances at the owner's sole cost and expense. All work shall be performed in accordance with plans prepared by the owner pursuant to the Village's specifications and approved by the Village. All work shall be performed by a contractor satisfactory to the Village and the Village shall receive sufficient notice prior to commencement of any work. All work shall be performed under the Village's supervision, and the property owner is responsible for arranging inspections by the Village.
The lateral sewer pipe shall be kept in good repair and protected from frost by the property owner at his expense. The investigation, testing, maintenance and repair of any lateral sewer pipe is the responsibility of the property owner. The investigation, testing, maintenance and repair of lateral sewer pipes shall be performed under the supervision of the Village Street Superintendent. In the event that a property is unable to discharge its wastes into the public sewer, it will be presumed that the fault is in the lateral sewer pipe, unless the Village Street Superintendent determines otherwise.
[Added 3-7-2011 by L.L. No. 2-2011]
Editor's Note: This local law also provided for the redesignation of former Subsection B as Subsection C.
The owner shall defend, indemnify and hold harmless the Village from any loss, injury, damage or cost whatever that may directly or indirectly arise from installation, investigation, testing, maintenance and related work of sewer facilities. The owner shall obtain liability insurance in amounts as reasonably determined by the Village and, at the Village's option, name the Village as additional insured with respect to such installation and related work. The Village may require that the owner provide a certificate of insurance.
[Amended 3-7-2011 by L.L. No. 2-2011]
Maintenance of that portion of a lateral sewer pipe that is located under a public sidewalk and/or a public street will be performed by the Village at its expense and risk.
[Added 3-7-2011 by L.L. No. 2-2011]
A separate and independent building sewer shall be provided for every building, except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway. The front building may be extended to the rear building and the whole considered as one building sewer, but the Village does not and will not assume any obligation or responsibility for damage caused by or resulting from any such single connection aforementioned.
Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Superintendent of Public Works, to meet all requirements of this article.
[Amended 4-1-1998 by L.L. No. 1-1998]
The size, slope, alignment and materials of construction of a building sewer and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench shall all conform to the requirements of the New York State Uniform Fire Prevention and Building Code applicable to plumbing, the materials and procedures set forth in the appropriate specifications of the ASTM and WPCF Manual of Practice No. 9 and other rules and regulations of the Village of Highland Falls.
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 to the building sewer.
[Added 8-8-1989 by L.L. No. 2-1989]
Where fixture drains are subject to overflow as the result of backwater from the sewer system, accessible backwater valves shall be installed in the fixture drain or an accessible gate valve shall be installed in the building drain at its point of entry inside the building and downstream from any building trap. All responsibility, cost and expense to install said backwater valve or gate valve shall be borne by the property owner.
No person(s) shall make connection of roof downspouts, foundation drains, areaway drains or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected, directly or indirectly, to a public sanitary sewer, unless such connection is approved by the Superintendent of Public Works for purposes of disposal of polluted surface drainage.
Editor's Note: Former § 180-30, Connection by Village, was repealed 4-7-1999 by L.L. No. 3-1999.
[Amended 4-1-1998 by L.L. No. 1-1998; 4-7-1999 by L.L. No. 3-1999]
For new installation of any sewer facilities, the property owner shall pay an inspection and administrative fee in an amount established from time to time by resolution by the Board of Trustees. Any unpaid fee shall be deemed a sewer rent and shall be included on the property's sewer use bill.
The applicant for the building sewer permit shall notify the Superintendent of Public Works when the building sewer is ready for inspection and connection to the public sewer. The connection and testing shall be made under the supervision of the Superintendent of Public Works or his representative.
All excavations for building sewer installation shall be adequately guarded with barricades and lights 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 of Highland Falls.
No person(s) shall discharge or cause to be discharged any unpolluted waters, such as stormwater, groundwater, roof runoff, subsurface drainage or cooling water, to any sewer, except stormwater runoff from limited areas, which stormwater may be polluted at times, may be discharged to the sanitary sewer by permission of the Superintendent of Public Works.
Stormwater, other than that exempted under § 180-34, and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers or to a natural outlet approved by the Superintendent of Public Works and other regulatory agencies. Unpolluted industrial cooling water or process waters may be discharged, on approval of the Superintendent of Public Works, to a storm sewer, combined sewer or natural outlet. It should be noted that any cooling water discharge must also apply for a State Pollutant Discharge Elimination System permit and that such discharges are subject to state and federal regulations.
No person(s) shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:
Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas.
Any waters containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any waste treatment process, to constitute a hazard to humans or animals, to create a public nuisance or to create any hazard in the receiving waters of the wastewater treatment plant.
Any waters or wastes having a pH lower than 5.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the wastewater works.
Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the wastewater facilities, such as but not limited to ashes, bones, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups and milk containers, etc., either whole or ground by garbage grinders.
The following described substances, materials, waters or wastes shall be limited in discharges to municipal systems to concentrations or quantities which will not harm either the sewers or the wastewater treatment process or equipment, will not have an adverse effect on the receiving stream or will not otherwise endanger lives, limb or public property or constitute a nuisance. The Superintendent of Public Works may set limitations lower than the limitations established in the regulations below if, in his opinion, such more severe limitations are necessary to meet the above objectives. In forming his opinion as to acceptability, the Superintendent will give consideration to such factors as the quantity of subject waste in relation to flows and velocities in the sewers, materials of construction of the sewers, the wastewater treatment process employed, capacity of the wastewater treatment plant, degree of treatability of the waste in the wastewater treatment plant and other pertinent factors. The limitations or restrictions on materials or characteristics of wastes or wastewaters discharged to the sanitary sewer which shall not be violated without approval of the Superintendent of Public Works are as follows:
Wastewater containing heat in amounts which will accelerate the biodegradation of wastes, causing the formation of excessive amounts of hydrogen sulfide in the wastewater sewer, or inhibit biological activity in the wastewater treatment facilities, but in no case shall the discharge of heat cause the temperature in the wastewater sewer to exceed 65.5° C. (150° F.) or the temperature of the influent to the treatment facilities to exceed 40° C. (104° F.), unless the facilities can accommodate such heat.
Wastewater having a five-day BOD greater than 300 parts per million by weight or more than 350 parts per million by weight of suspended solids or more than 15 parts per million of chlorine demand or having an average daily flow greater than 2% of the average daily flow of the Village, unless reviewed and approved by the Village.
Wastewater containing nonbiodegradable fats, wax, grease or oils, whether emulsified or not, in excess of 100 milligrams per liter or containing substances which may solidify or become viscous at temperatures between 32° F. and 150° F. (0° C. and 65° C.).
Wastewater from industrial plants containing floatable oils, fat or grease.
Any garbage that has not been properly shredded. (See § 180-15A.) Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments or similar places where garbage originates from the preparation of food in kitchens for the purpose of consumption of the premises or when served by caterers.
Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, to constitute a hazard to humans or animals, to create a toxic effect in the receiving waters of the wastewater treatment works or to exceed the limitation set forth in a categorical pretreatment standard. A toxic pollutant shall include, but not be limited to, any pollutant identified pursuant to § 307(a) of the Federal Water Pollution Control Act. Until a categorical standard has been promulgated for an industry, discharges to the sanitary sewer system shall not contain concentrations exceeding the limits outlined below at the point of entry into the system:
Any waters or wastes containing odor-producing substances exceeding limits which may be established by the Superintendent of Public Works.
Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Superintendent of Public Works in compliance with applicable state or federal regulations.
Quantities of flow, concentrations, or both, which constitute slugs, as defined herein.
Waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment process employed or are amenable to treatment only to such degree that the wastewater treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
Any water or wastes which, by interaction with other water or wastes in the public sewer system, release obnoxious gases, form suspended solids which interfere with the collection system or create a condition deleterious to structures and treatment processes.
Any liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient, either alone or by interacting with other substances, to cause fire or explosion or to be injurious in any other way to the wastewater treatment works or to the operation of the wastewater treatment works. At no time shall two successive readings on an explosion hazard meter, at the point of discharge into the system or at any point in the system, be more than 5%, nor any single reading over 10%, of the lower explosive limit (LEL) of the meter.
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 in § 180-37 of this article and which, in the judgment of the Superintendent of Public Works, may have a deleterious effect upon the wastewater facilities, processes, equipment or receiving waters or which otherwise create a hazard to life or constitute a public nuisance, the Superintendent of Public Works may:
Reject the wastes.
Require pretreatment to an acceptable condition for discharge to the public sewers.
Require control over the quantities and rates of discharge.
When considering the above alternatives, the Superintendent of Public Works shall give consideration to the economic impact of each alternative on the discharger. If the Superintendent of Public Works permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Superintendent of Public Works.
Grease, oil and sand interceptors shall be provided when, in the opinion of the Superintendent of Public Works, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts, as specified in § 180-37, or any flammable wastes, sand or other harmful ingredients, except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Superintendent of Public Works and shall be located as to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors, the owner(s) shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates and means of disposal, which are subject to review by the Superintendent of Public Works. Any removal and hauling of the collected materials not performed by the owner(s)' personnel must be performed by currently licensed waste disposal firms.
Where pretreatment or flow-equalizing facilities are provided or required for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner(s) at their expense.
When required by the Superintendent of Public Works, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable structure, together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of wastes. Such structure, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the Superintendent of Public Works. The structure shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times.
The Superintendent of Public Works may require a user of sewer services to provide information needed to determine compliance with this article. These requirements may include:
Wastewater discharge peak rate and volume over a specified period.
Chemical analysis of wastewaters.
Information on raw materials, processes and products affecting wastewater volume and quality.
Quantity and disposition of specific liquids, sludges, oils, solvents or other materials important to sewer use control.
A plot plan of sewers on the user's property showing sewer and pretreatment facility location.
Details of wastewater pretreatment facilities.
Details of systems to prevent and control the losses of materials through spills to the municipal sewer.
All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this article shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association. Sampling methods, locations, times, durations and frequencies are to be determined on an individual basis, subject to approval by the Superintendent of Public Works.
No statement contained in this article shall be construed as preventing any special agreement or arrangement between the Village and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the Village for treatment.
[Amended 4-1-1998 by L.L. No. 1-1998]
No person(s) shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the wastewater facilities. Any person(s) violating this provision shall be subject to immediate arrest.
The Superintendent of Public Works and other duly authorized employees of the Village bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing pertinent to discharge to the community system in accordance with the provisions of this article.
The Superintendent of Public Works or other duly authorized employees are authorized to obtain information concerning industrial processes which have a direct bearing on the kind and source of discharge to the wastewater collection system. The industry may withhold information considered confidential. The industry must establish that the revelation to the public of the information in question might result in an advantage to competitors.
While performing the necessary work on private properties referred to in § 180-46 above, the Superintendent of Public Works or duly authorized employees of the Village shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the Village employees, and the Village shall indemnify the company against loss or damage to its property by Village employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in § 180-41.
The Superintendent of Public Works and other duly authorized employees of the Village bearing proper credentials and identification shall be permitted to enter all private properties through which the Village holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the wastewater facilities lying within such easement. All entries and subsequent work, if any, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
[Amended 4-1-1998 by L.L. No. 1-1998]
Any person(s) violating any of the provisions of this article shall be guilty of a violation and, upon conviction thereof, shall be punishable by a maximum fine of $250 or by a term of imprisonment of not more than 15 days, or both. Each day that a violation of, or failure to comply with, any provision of this article or any regulation promulgated hereunder by the Board of Trustees occurs shall constitute a separate and distinct violation.