[HISTORY: Adopted by the Board of Trustees of the Village of Roslyn Estates as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-9-1999 by L.L. No. 3-1999]
A. 
The owners of the premises at 38 The Birches, within the Village of Roslyn Estates, have informed the Board of Trustees that they have a significant and critical problem, which must be expeditiously addressed, in disposing of the sanitary waste from their single-family residence at the subject premises because of a combination of the nature of the soil, the water table and the location of an aquifer used for potable water directly below the premises. After reviewing the information provided by the owners of the subject premises and the opinions of various professionals, including the Village Engineer, and after holding public meetings and contacting the neighboring homes which the Board believes may have similar sanitary waste problems, and after reviewing the location and capacity of nearby sanitary sewer mains maintained by the county, and the elevations in the area of the subject premises, and after discussions with the Department of Public Works of the County of Nassau and the Department of Health of the County of Nassau, and after reviewing the feasible alternatives, the Board has found that it would be in the best interests of the health, safety and welfare of the Village if the Village were to establish a sanitary sewer system for the premises described below, to comprise "The Birches Sanitary Sewer District," so long as the costs of establishing and maintaining the system were paid either in whole or in large part by assessments against the properties deemed benefited within The Birches Sanitary Sewer District, and the County of Nassau agreed to accept the sanitary waste from the system.
B. 
Further, the Board finds that based upon the prohibitive costs, it would be impracticable, not feasible and against the best interests of the health, safety and welfare of the Village if the Village were to attempt to map, plan and prepare a complete sewerage system for the entire Village at this time.
C. 
It is the intent of the Board to supersede, to the fullest extent necessary, all of the provisions of Article 14 of the Village Law which would otherwise be in conflict with the provisions set forth below.
Pursuant to the authority granted to Villages by Municipal Home Rule Law § 10(1)(ii)e(2) and (3), and in accordance with opinion number 80-533 of the State Comptroller of the State of New York, the provisions of Village Law Article 14 are hereby superseded in its relation to the Village of Roslyn Estates, to the extent set forth herein.
A. 
For the purposes of this chapter, certain terms and words are hereby defined.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
ACT
The Federal Water Pollution Control Act, also known as the "Clean Water Act," as amended, 33 U.S.C. 1251, et seq., as may be amended.
BOARD
The Board of Trustees of the Village of Roslyn Estates.
COUNTY
The County of Nassau, State of New York.
DISTRICT
The Birches Sanitary Sewer District.
EPA
The agency of the federal government charged with the administration and enforcement of federal environmental laws, rules and regulations. Also may be used as a designation for the Administrator or other duly authorized official of that agency.
NATIONAL CATEGORICAL PRETREATMENT STANDARD OR CATEGORICAL STANDARD
Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307 (B) and (C) of the Act, which applies to a specific category of industrial users. These standards apply at the end of the categorical process ("end of the process").
SYSTEM
The sanitary sewer system serving the District.
[Amended 12-9-2013 by L.L. No. 6-2013; 5-12-2014 by L.L. No. 2-2014]
There is hereby established a special sanitary sewer district to be known as "The Birches Sanitary Sewer District," to be composed of all of the properties within the area more particularly described as follows:
All that certain plot, piece or parcel of land, situate, lying and being within the Incorporated Village of Roslyn Estates, Town of North Hempstead, County of Nassau and State of New York, said parcel being more particularly described as follows:
BEGINNING at the corner formed by the intersection of the northerly and westerly lines of Tax Lot 22 in Section 7 Block 1;
RUNNING THENCE along the northerly line of Tax Lot 22 S 83° - 30' - 00" E a distance of 116.41 feet to the westerly line of The Birches;
RUNNING THENCE through The Birches S 47° - 19' - 32" E a distance of 101.28 feet to the easterly line of The Birches;
RUNNING THENCE along the easterly line of The Birches and along the west line of Tax Lot 2 of Section 7 Block 2, along an arc of a curve to the right having a radius of 316.53 feet and a length of 125.83 feet (said curve being subtended by a chord bearing and distance of N 06° - 42' - 20" W, 125.00 feet); thence along the northerly and easterly lines of Tax Lot 2 of Section 7 Block 2, the following two courses;
1.
N 82° - 49' - 00" E a distance of 196.91 feet;
2.
S 13° - 57' - 10" E a distance of 125.88 feet;
RUNNING THENCE along the northerly and easterly lines of Tax Lot 3 in Section 7 Block 2 the following three courses;
1.
S 13° - 57' - 10" E a distance of 28.35 feet;
2.
S 64° - 26' - 40" E a distance of 30.23 feet;
3.
S 18° - 14' - 18" W a distance of 159.60 feet to the northerly line of The Maples;
RUNNING THENCE through The Maples S 40° - 24' - 30" E a distance of 96.48 feet to the southerly line of The Maples;
RUNNING THENCE along the easterly lines of Tax Lots 10, 108, 109, 209, 308, 315, 317 and 318 in Section 7 Block 53 the following seven courses;
1.
S 19° - 43' - 40" E a distance of 205.34 feet;
2.
N 80° - 50' - 50" E a distance of 75.15 feet;
3.
S 10° - 48' - 50" E a distance of 171.81 feet;
4.
N 77° - 10' - 30" E a distance of 74.50 feet;
5.
S 09° - 42' - 10" E a distance of 167.08 feet;
6.
S 78° - 41' - 20" W a distance of 5.50 feet;
7.
S 12° - 21' - 07" W a distance of 335.86 feet to the northerly line of Intervale;
RUNNING THENCE through Intervale S 51° - 51' - 12" E a distance of 64.62 feet to the southerly line of Intervale;
RUNNING THENCE along the easterly lines of Tax Lots 235 and 236 in Section 7 Block 32 the following two courses;
1.
S 14° - 17' - 00" W a distance of 244.90 feet;
2.
S 41° - 10 - 00" W a distance of 159.60 feet to the northeasterly line of Warner Avenue;
RUNNING THENCE along the northeasterly line of Warner Avenue the following two courses;
1.
N 39° - 14' - 00" W a distance of 43.40 feet;
2.
N 48° - 45' - 00" W a distance of 38.20 feet;
RUNNING THENCE through Warner Avenue S 48° - 48' - 49" W a distance of 50.22 feet to the southwesterly line of Warner Avenue;
RUNNING THENCE along the easterly and westerly lines of Tax Lots 15 and 16 in Section 7 Block 243 the following two courses;
1.
S 02° - 48' - 00" W a distance of 302.30 feet;
2.
N 33° - 43' - 00" W a distance of 343.40 feet to the southerly line of Dianas Circle and a nontangent curve;
RUNNING THENCE along the southerly line of Dianas Circle the following four courses;
1.
Along the arc of a curve bearing to the right having a radius of 97.60 feet a distance of 9.90 feet to a point of nontangency (said curve being subtended by a chord bearing and distance of S 82° - 17' - 01" W 9.90 feet);
2.
S 47° - 31' - 00" W a distance of 102.10 feet to a point of curvature;
3.
Along the arc of a curve bearing to the right having a radius of 389.00 feet a distance of 107.61 feet to a point of tangency (said curve being subtended by a chord bearing and distance of S 55° - 26' - 22" W 107.27 feet);
4.
S 63° - 22' - 00" W a distance of 31.40 feet;
RUNNING THENCE through Dianas Circle N 04° - 08' - 50" W a distance of 47.62 feet to the northerly line of Dianas Circle;
RUNNING THENCE along the northern line of Dianas Circle and the southern line of Tax Lot 21 of Section 7 Block 242, the following four courses;
1.
N 63° - 14' - 55" E a distance of 13.10 feet;
2.
Along an arc of a curve to the left having a radius of 345.00 feet and a length of 95.84 feet (said curve being subtended by a chord bearing and distance of N 55° - 17' - 26" E, 95.53 feet);
3.
N 47° - 23' - 55" E a distance of 53.30 feet;
4.
Along an arc of a curve to the left having a radius of 27.00 feet and a length of 16.08 feet (said curve being subtended by a chord bearing and distance of N 30° - 20' - 28" E, 15.84 feet) to a point along the westerly line of The Intervale;
RUNNING THENCE, along the westerly line of The Intervale and easterly side of Tax Lots 21 and 20 of Section 7 Block 242, the following two courses;
1.
Along an arc of a curve to the right having a radius of 97.64 feet and a length of 23.40 feet (said curve being subtended by a chord bearing and distance of N 52° - 51' - 59" W, 23.35 feet);
2.
Along an arc of a curve to the right having a radius of 494.20 feet and a length of 103.80 feet (said curve being subtended by a chord bearing and distance of N 41° - 01' - 29" W, 103.52 feet);
RUNNING THENCE through Intervale N 13° - 57' - 57" E a distance of 83.75 feet to the easterly line of Intervale;
RUNNING THENCE along the northwesterly and westerly lines of Tax Lots 21-24, 240-241, 243, 252, 255-257 and 260-261 in Section 7 Block 50 the following 10 courses;
1.
N 62° - 14' - 41" E a distance of 137.87 feet;
2.
N 53° - 54' - 20" E a distance of 99.21 feet;
3.
N 74° - 36' - 43" W a distance of 26.97 feet;
4.
N 38° - 01' - 20" W a distance of 157.46 feet;
5.
N 75° - 58' - 30" E a distance of 54.70 feet;
6.
N 14° - 21' - 00" W a distance of 169.20 feet;
7.
N 18° - 59' - 18" W a distance of 183.63 feet;
8.
N 19° - 33' - 20" W a distance of 198.30 feet;
9.
N 46° - 53' - 50" E a distance of 52.50 feet;
10.
N 33° - 38' - 40" W a distance of 187.40 feet to the southerly line of Lakeview Path;
RUNNING THENCE along the southerly line of Lakeview Path N 49° - 12' - 50" E a distance of 53.74 feet;
RUNNING THENCE through Lakeview Path and along the westerly lines of Tax Lot 135 in Section 7 Block 50 the following two courses;
1.
N 40° - 46' - 52" W a distance of 58.32 feet;
2.
N 07° - 09' - 30" W a distance of 110.00 feet to the southerly line of The Maples;
RUNNING THENCE through The Maples N 11° - 54' - 55" E a distance of 63.01 feet to the northerly line of The Maples;
RUNNING THENCE along the westerly line of Tax Lot 22 in Section 7 Block 1 N 00° - 42' - 40" W a distance of 116.03 feet to the point or place of beginning. Containing within said bounds 772,426 square feet or 17.73 acres more or less.
Which said premises are presently included within the following blocks and lots shown in Section 7 of the Nassau County Land and Tax Map:
Block 1, Lot 22
Block 2, Lots 2, 3 and 48
Block 32, Lots 235 and 236
Block 50, Lots 21-24, 135, 240-241, 243, 252, 255-257, 260-261
Block 53, Lots 10, 108-109, 209, 308, 315, 317-318
Block 243, Lots 15-16
In addition to P/O Intervale, P/O The Maples, P/O The Birches, P/O Dianas Circle, P/O Warner Avenue and part of Lakeview Path as shown on the Land and Tax Maps of the County of Nassau.
The Board is hereby authorized:
A. 
To cause a map and plan to be prepared for a complete sewerage system for the District.
B. 
To construct and develop the system and to take all necessary and/or reasonable actions to do so.
C. 
To take all necessary and reasonable actions to operate, maintain, reconstruct, replace or otherwise assure the continued availability of the system to the District.
D. 
At any time, during or after the completion of the system, to convey to the county, without any monetary consideration, the system and all necessary and/or reasonable easements to operate, maintain, reconstruct, replace or otherwise assure the continued availability of the system to the District.
A. 
The capital and other costs of the establishment, operation and maintenance of the system shall be by assessment against the properties benefited.
B. 
Before making any improvements to construct and develop the system, the cost of which is to be at the expense of the owners of the land benefited, the Board shall give notice in the official newspaper that a hearing will be held, not less than 10 days after the first publication of such notice.
C. 
As soon as practicable after such hearing, the Board shall:
(1) 
Determine the portion of the cost to be assessed upon the lands benefited thereby.
(2) 
Determine the portion, if any, to be borne by the Village at large.
(3) 
Determine what lands will be benefited by the improvements.
(4) 
Prepare and file in the office of the Village Clerk, a map or plan of the proposed assessment district, showing the lands so determined to be benefited.
(5) 
Make such improvements, either by contract or by Village employees.
D. 
After the cost of the improvements has been determined, the Board shall apportion and assess the part of the expense to be raised by local assessments upon the lands in the District, according to frontage, area or otherwise, as the Board may determine during the proceeding to be just and equitable, and file a copy thereof in the office of the Village Clerk.
E. 
After making such apportionment, the Board shall publish in the official newspaper and serve upon each landowner, personally or by mail, at least 10 days before the hearing, a notice of the filing of such apportionment and assessment map or plan, and that at a specified time and place a hearing will be had to review and complete the same, and that said apportionment and said map or plan can be examined by any person interested therein at the office of the Village Clerk during usual business hours, prior to such hearing.
F. 
The Board shall meet at the time and place specified in such notice and hear objections to such apportionment and to such assessment map. It may modify and correct the same and add or exclude land to or from the area of local assessments, but no assessment shall be increased, and no lands added thereto, without notice to the owner and an opportunity to be heard. The Board may adjourn the hearing from time to time without further notice and, as soon as practicable, shall complete the apportionment and assessment, and the assessment map, and file the same in the office of the Village Clerk, and publish notice of such completion and filing in the official paper, and any person deeming himself aggrieved thereby may, within 15 days after the filing of such apportionment and map, apply to a court of record for an order of certiorari to review said assessments. The apportionment, the assessments and the map shall be deemed final and conclusive unless such an application has been made within such 15 days.
G. 
The expense of any such local improvements may be raised in an entire amount or in installments as the Board may determine. If any portion of such expenses is to be borne by the Village at large, or if the entire expense of such improvement is to be assessed against the property benefited thereby, such expense may be financed pursuant to the Local Finance Law.
H. 
All local assessments levied against real property as provided herein shall be collected pursuant to § 5-5 18 of the Village Law.
All persons discharging or depositing wastes into the system shall pay a sewer service charge based on the assessed valuation of the user's property.
The District shall be operated on the basis of the Village's fiscal year commencing on the first day of June and ending on the 31st day of May.
A. 
Pretreatment standards. All users of the system shall comply with all standards and requirements of the Act and standards and requirements promulgated pursuant to the Act, including but not limited to 40 CFR 406 through 471.
B. 
General prohibitions. No user shall contribute or cause to be contributed in any manner or fashion, directly or indirectly, any pollutant or wastewater which may interfere with the operation or performance of the system. These general prohibitions apply to all such users of the system, whether or not the user is subject to national categorical pretreatment standards or any other national, state or local pretreatment standards or requirements.
C. 
Without limiting the generality of the foregoing, a user may not contribute the following substances to the system:
(1) 
Any solids, liquids or gases which, by reason of their nature or quantity, are or may be sufficient, either alone or by interaction with other substances, to cause a fire or an explosion or be injurious in any way to the system or to the operation of the system. At no time shall both of two successive readings on a flame-type explosion hazard meter at the point of discharge into the system (or at any other point in the system) be more than 5%, nor any single reading be more than 10% of the lower explosive limit of the meter. Unless explicitly allowable by a written permit, prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, fuel oil, toluene, xylene, ethers, alcohols, carbides, hydrides, sulfides and any other substance which the Village, the state or the EPA has determined to be a fire hazard or a hazard to the system.
(2) 
Solid or viscous substances in such quantities or of such size as to be capable of causing obstruction to the flow in a sewer or interference with the proper operation of the wastewater treatment facilities. Unless explicitly allowable by a written permit, such substances include but are not limited to grease, shredded garbage, garbage with particles greater than 1/2 inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, wastepaper, wood, plastics, gas, tar, asphalt residues, residues from refining or processing fuel or lubricating oil, mud, glass or stone grinding or polishing wastes, paper dishes, cups or milk containers, either whole or ground.
(3) 
Any wastewater having a pH less than 5.5 or greater than 8.5, unless the system was specifically designed to manage such wastewater, or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment and/or system personnel.
(4) 
Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants (including heat), to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the system or 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 § 157-307(A) of the Act.
(5) 
Any noxious or malodorous solids, liquids or gases which either singly or by interaction with other wastes are sufficient to create a public nuisance or a hazard to human or animal life or are sufficient to prevent entry into the sewers for their maintenance or repair.
(6) 
Oils and grease.
(a) 
Any commercial, institutional or industrial wastes containing fats, waxes, grease or oils which become visible solids when the wastes are cooled to 10° C (50° F); or
(b) 
Any petroleum oil, nonbiodegradable cutting oil or products of mineral oil origin in excess of 100 mg/l or in amounts that will cause interference or pass-through.
(7) 
Any wastewater which will cause interference or pass-through.
(8) 
Any wastewater with objectionable color which is not removed in the treatment process, such as but not limited to dye wastes and vegetable tanning solutions.
(9) 
Any solid, liquid, vapor or gas having a temperature higher than 65° C (150° F). However, such materials shall not cause the system treatment plant influent temperature to be greater than 40° C (104° F). The Village reserves the right, in certain instances, to prohibit or limit the discharge of wastes at maximum temperatures which are lower than 65° C.
(10) 
Unusual flow rate or concentration of wastes, constituting slugs, except as permitted by industrial wastewater permit.
(11) 
Any wastewater containing any radioactive wastes, except as approved by the Village and in compliance with applicable state and federal regulations.
(12) 
Any wastewater which causes a hazard to human life or which creates a public nuisance, either by itself or in combination, in any way, with other wastes.
(13) 
Any wastewater with a closed cup flashpoint of less than 60° C (140° F) using the test methods specified in 40 CFR 261.21.
(14) 
Any pollutants which result in the presence of toxic gases, vapors or fumes within the system in a quantity that may cause acute worker health and safety problems.
D. 
Concentration-based limitations.
(1) 
No person shall discharge, directly or indirectly, into the system wastewater containing any of the following substances in concentrations exceeding those specified below, except by permit or as provided for in this section. Concentration limits are applicable to wastewater effluents at the point just prior to discharge into the system (end-of-pipe concentrations).
Effluent Concentration
Substance
Limit (mg/l)
Antimony
0.18
Arsenic
0.1
Barium
2.0
Cadmium
0.2
Chromium (hexavalent)
0.1
Chromium (total)
2.0
Copper
1.0
Cyanide (total)
1.0
Fluorides
5.0
Gold
0.1
Iron
4.0
Lead
0.1
Manganese
2.0
Mercury
0.1
Nickel
2.0
Phenols (total)
0.8
Selenium
0.1
Silver
0.1
Sulfides
3.0
Zinc
1.2
(2) 
Except for hexavalent chromium, all concentrations listed for metallic substances shall be as "total metal," which shall be defined as the value measured in a sample acidified to a pH value of two or less, without prior filtration.
(3) 
Other substances which may be limited are:
(a) 
Antibiotics.
(b) 
Chemical compounds which, upon acidification, alkalinization, oxidation or reduction in the discharge or after admixture with wastewater and its components in the system, produce toxic, flammable or explosive compounds.
(c) 
Pesticides, including algicides, fungicides, herbicides, insecticides and rodenticides.
(d) 
Polyaromatic hydrocarbons.
(e) 
Viable pathogenic organisms from industrial processes or hospital procedures.
A. 
Any user who is found to have violated any provision of this article shall be fined in an amount not to exceed $1,000 per violation. Each day in which such noncompliance shall occur or continue shall be deemed a separate and distinct violation.
B. 
In addition to the power to seek penalties for violations of this article, the Village shall have the power to seek a court order suspending or revoking a user's connection to the system, and to petition the court, in the same or a different proceeding, to impose, assess and recover such cost and expenses incurred by the Village as a result of such violation, including the legal fees, costs and disbursements of such action.