Village of Patchogue, NY
Suffolk County
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Table of Contents
Table of Contents
[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.]
GENERAL REFERENCES
Housing standards — See Ch. 238.
Refuse collectors and cesspool cleaners — See Ch. 332.
Solid waste — See Ch. 365.
Stormwater management — See Ch. 369.
Excavations in streets — See Ch. 372, Art. I.
Subdivision of land — See Ch. 377.
353a Toxic and Obj Chem Conc Limits 353b Total Toxic Organics TTO
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.
A. 
As used in this article:
(1) 
Words in the masculine gender also include the feminine and neuter genders.
(2) 
Words in the singular also include the plural.
(3) 
Words in the plural include the singular.
B. 
Unless the context specifically indicates otherwise, the meanings of the terms used in this article shall be as follows:
ADMINISTRATOR
The Village of Patchogue Board.
ASTM
The American Society for Testing and Materials.
BOARD
The Board of Trustees of the Incorporated Village of Patchogue.
BOD (denotes "biochemical oxygen demand")
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).
BUILDING DRAIN
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.
BUILDING SEWER
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.
COLLECTION SYSTEM
A system of pipes, normally found in streets, into which the building sewer connects.
COMMERCIAL PROPERTIES
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]
COMPATIBLE INDUSTRIAL WASTES
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.
COOLING WATER
The water discharge from any system of condensation, air conditioning, cooling or refrigeration, and carrying no contamination other than abnormal heat.
COUNTY
The County of Suffolk or a county sewer district.
COUNTY SEWAGE WORKS
Any sewage works owned by the county or by a county sewer district.
DISCHARGE
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.
DISPOSAL SYSTEM
The entire system of sewers, treatment facilities and their appurtenances for collecting and treating sewage, industrial waste and other wastes.
DISTRICT
The Incorporated Village of Patchogue Sewer District.
DOMESTIC WASTES
Liquid waste of the kind and nature normally emanating from a household residence.
DRAINAGE DISCHARGES
Stormwater surface runoff, groundwater, roof runoff and the like.
DWELLING OR DWELLING UNIT
Any place where an individual or individuals reside.
FLOW EQUALIZATION
The damping of sanitary diurnal flow variation to achieve a constant flow rate to the sewage treatment works.
FOOD ESTABLISHMENT 
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]
GARBAGE
Solid wastes from the domestic or commercial preparation, cooking and dispensing of food or from the handling, storage and sale of produce.
GREASE
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]
GREASE TRAP
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]
HOUSE CONNECTIONS
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.
INDUSTRIAL PROCESS WATERS or PROCESS WATERS
The waters which are ordinarily a constituent part of and are polluted by industrial wastes.
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.
INSURANCE POLICY
Shall have the meaning assigned to it by the Insurance Law of the State of New York.
INTERCEPTOR
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.
MUNICIPALITY
The Incorporated Village of Patchogue.
NATURAL OUTLET
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."
NYSDEC
The New York State Department of Environmental Conservation.
(1) 
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.
(2) 
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.
(3) 
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.
(4) 
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.
(5) 
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.
(6) 
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.
(7) 
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).
(8) 
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.).
(9) 
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).
(10) 
Industrial waste having chemical characteristics in excess of the following limits:
(a) 
Five-day, twenty-degree-centigrade BOD: 300 parts per million maximum.
(b) 
Suspended solids: 300 parts per million maximum.
(c) 
Chlorine demand (30 minutes at room temperature): 25 parts per million maximum.
(d) 
Settleable solids (Imhoff cones test), one hour: 15 milliliters per liter maximum.
(e) 
Hydrogen ion concentration (pH): 6.0 to 9.0.
(11) 
Materials which exert or cause unusual volume of flow or concentration of wastes, constituting "slugs" as defined herein.
(12) 
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.
(13) 
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.
(14) 
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.
OTHER WASTES
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.
PERSON
Any individual, partnership, firm, company, association, society, corporation or group.
pH
The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
POLLUTED
The alteration of the biological, chemical, radiological or aesthetic integrity of water from the presence of sewage, industrial waste or other waste.
PRETREATMENT
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.
PRIVATE
When used as a modifier, those facilities not owned by the Village or a public entity.
PRIVATE SEWAGE WORKS
Any non-Village sewage works.
PRIVATE SEWER
Any sewer other than a public sewer.
PROPERLY SHREDDED GARBAGE
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.
PUBLIC
Those facilities owned or operated by a sewage works corporation under the Transportation Corporations Law or by a governmental entity other than the municipality.
PUBLIC SEWER
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.
PUBLIC SEWER SYSTEM
Synonymous with "sewage works."
RECEIVING WATERS
Watercourse, natural outlet or groundwaters.
RESIDENTIAL PROPERTIES
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]
SANITARY SEWER
A sewer which carries sewage and to which storm-, surface and ground waters are not intentionally admitted.
SCAVENGER WASTE PERMIT
The authorization to discharge scavenger wastes into the county sewage works.
SCAVENGER WASTES
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.
SCDHS
The Suffolk County Department of Health Services.
SCDPW
The Suffolk County Department of Public Works.
SEWAGE
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.
SEWAGE DISPOSAL SYSTEM
The entire system of sewers, treatment facilities and their appurtenances for collecting and treating sewage.
SEWAGE TREATMENT PLANT
Any arrangement of devices and structures used for treating sewage.
SEWAGE WORKS
All facilities and appurtenances for collecting, pumping, treating and disposing of sewage, and shall be synonymous with "sewer system."
SEWER
A pipe, conduit or pump for carrying sewage, and shall include interceptor, trunk and street lateral pipes and their related facilities and appurtenances.
SEWER SYSTEM or SEWER DISTRICT
The entire system of sewers and their appurtenances for collecting sewage, industrial waste and other wastes.
SLOPE
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.
SLUG
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.
SPDES (State Pollutant Discharge Elimination System)
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.
STORM SEWER
A pipe or device which carries storm- and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.
SURETY BOND
Shall have the meaning assigned to it by the Insurance Law of the State of New York.
SUSPENDED SOLIDS
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.
TOXIC SUBSTANCE
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.
TREATMENT PLANT or SEWAGE TREATMENT PLANT
Any arrangement of devices, structures and facilities used to treat or pump sewage, industrial wastes and/or other wastes.
UNREASONABLE ADVERSE EFFECT
Any unreasonable risk of harm.
USEPA
The United States Environmental Protection Agency.
WAREWASH SINK
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]
WASTE
Any discarded substance.
WATERCOURSE
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.
(2) 
Any substance, wastewater or compound described in § 353-10E in concentrations so listed.
(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]
(a) 
The court in which the person charged must appear.
(b) 
The date and time of the appearance.
(c) 
The provisions of this chapter believed to have been violated.
(d) 
That the person charged may be represented by counsel.
(e) 
That failure to appear may cause a warrant to be issued for his arrest.
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:
(1) 
Dry-wiping pots, pans, and dishes before putting them in the dishwasher or warewash sink;
(2) 
Collecting and disposing of used grease through a licensed septage handler instead of pouring it down the drain;
(3) 
Capturing the grease in ventilation and exhaust hoods.
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]
(3) 
The cost of such inspection shall be, per inspection, such amount as may be set by the Board of Trustees by resolution.[1]
[Amended 3-9-2009 by L.L. No. 7-2009]
[1]
Editor's Note: The current Fee Schedule is on file in the office of the Village Clerk.
(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.