This chapter and any subsequent amendments thereto shall be
known and may be cited and referred to as the "Sanitary Sewer Law."
A.
Pursuant to the authority of § 14-1400 of the Village Law,
as amended as of the effective date of this chapter, there is established
a sewerage system, the bounds of which shall coincide with the corporate
limits of the Village and which shall extend over and include all
premises within the Incorporated Village of Sag Harbor. The sewerage
system shall consist of using premises, all premises serviced by private
on-site wastewater disposal systems, and all undeveloped premises
within the Village.
B.
Those areas of the sewerage system where a connection to the public
sewer is available shall be designated herein as "service areas."
All costs and expenses relating to the public sewer and its use, as
defined herein, shall be borne solely by the owners of using premises
without any cost or expense to the Village.
C.
Such portions of the sewerage system that are within service areas
and on which construction has commenced, but which shall not be in
actual use, shall constitute "construction areas" for purposes of
this chapter.
D.
Those areas of the sewerage system which are outside of the service
areas are designated herein as "nonservice areas." The nonservice
areas shall be serviced by private on-site wastewater disposal systems.
All costs relating to private on-site wastewater disposal systems
shall be borne by the owners of those systems without any cost or
expense to the Village.
E.
Owners of undeveloped premises within service areas shall not be
charged for any costs or expenses relating to the public sewer, unless
otherwise decided by the Board of Trustees, in its sole discretion.
Owners of undeveloped premises within nonservice areas shall not be
charged for any costs or expenses relating to the private on-site
wastewater disposal systems in the nonservice areas.
F.
The Board of Trustees, in its sole discretion, upon a determination that it is necessary to do so in order to preserve or further the health, safety and welfare of the Village, may amend § 220-1.3 and thereby designate all or some of the premises within nonservice areas of the sewerage system as of October 1, 2009, as being within service areas of the sewerage system. Within the time period designated by the Board of Trustees for doing so, the owners of premises within nonservice areas which are designated by the Board of Trustees to be within service areas shall, at their own expense, legally abandon private on-site wastewater disposal systems upon the premises and shall connect the premises to the public sewer.
[Amended 10-7-2019 by L.L. No. 9-2019]
G.
All costs and expenses related to the expansion of the public sewer,
including construction of lateral sewers, pumping stations and other
appurtenances, shall be assessed, in whole or in part, upon the using
premises, the new users to be added as a result of the expansion and/or
new construction, the Village as a whole, or any combination thereof,
in the sole discretion of the Board of Trustees pursuant to authority
granted to it by law.
All premises, any part of which abuts or is bounded by any of
the following streets, are hereby designated as service areas:
A.
Service Area 1: Main Street, from its intersection with Bay Street
to a point 445 feet southerly (as measured along its center line)
from its intersection with Spring Street.
B.
Service Area 2: Division Street, from its intersection with Bay Street
to a point 100 feet southerly (as measured along its center line)
from its intersection with Burke Street.
C.
Service Area 3: Bay Street, from a point 180 feet northwesterly (as
measured along its center line) from its intersection with Burke Street
to its intersection with the center line of Main Street. Bay Street,
from its intersection with Rysam Street north +/- 275 linear feet
ending at 24 Rysam Street.
[Amended 8-9-2022 by L.L. No. 16-2022]
D.
Service Area 4: Long Island Avenue, from its intersection with Main
Street to its intersection with Garden Street.
E.
Service Area 5: Garden Street, from its intersection with Long Island
Avenue to its intersection with West Water Street.
F.
Service Area 6: West Water Street, from its point of origin at the
center line of Long Island Avenue to a point 1,249 feet three inches
northwesterly (as measured along its center line) from its intersection
with Garden Street.
G.
Service Area 7: Madison Street, from its intersection with Main Street
to a point 105 feet northerly (as measured along its easterly line)
from its intersection with the northerly line of Sage Street.
[Amended 10-7-2019 by L.L. No. 9-2019]
As used in this chapter, the following terms are hereby defined
as follows:
Traps, interceptors, screens, filters, pretreatment facilities
and flow-equalizing equipment, and all their appurtenances, supplied,
installed and maintained by the user on a using premises.
The quantity of oxygen by weight, expressed in mg/1, utilized
in the biochemical oxidation of organic matter under standard laboratory
conditions for five days at a temperature of 20° C. as determined
by appropriate procedures described in Standard Methods.
The sewer extending from the lowest point of the wastewater
plumbing system within the perimeter line of any building or structure
to the point of interconnection with any public sewer.
The measure of chemically decomposable material in domestic
or industrial wastewater as represented by the oxygen utilized as
determined by the appropriate procedures described in Standard Methods.
The difference between the amount of chlorine added to a
wastewater sample and the amount remaining at the end of a thirty-minute
period as determined by the procedures given in Standard Methods.
A pollutant susceptible to the treatment processes utilized at the Village sewage treatment plant, which shall include wastewater containing coliform bacteria, and wastewater having a pH, a biochemical oxygen demand and a level of suspended solids not in excess of the limits defined in § 220-4.2A.
A combination of individual or continuously taken samples
obtained at regular intervals over the entire discharge day. The volume
of each sample shall be proportional to the discharge flow rate. For
a continuous discharge, a minimum of 24 individual grab samples, at
hourly intervals, shall be collected and combined to constitute a
twenty-four-hour composite sample. For intermittent discharges of
four hours' to eight hours' duration, grab samples shall be taken
at a minimum of thirty-minute intervals. For intermittent discharges
of less than four hours' duration, grab samples shall be taken at
a minimum of fifteen-minute intervals.
Has the meaning set forth in § 220-1.2C.
The water-carried wastes produced from noncommercial or nonindustrial.
Any room, apartment or suite in a duplex house, apartment
building, rooming house or multiple dwelling which is used, occupied
or offered for rental, use or occupancy as a dwelling or habitation
for an individual or a single family.
Any single trade, business or professional establishment.
The phrase "each enterprise" shall mean each separate or distinct
type or kind of establishment.
Enterprises shall be deemed separate and distinct if they differ
from one another in any one or more of the following respects:
Each occupies a separate building or a physically separate part
of any one building.
Each is owned, legally or beneficially, by a different person,
partnership or corporation.
Each keeps separate FICA records or files separate FICA reports.
Each does business under a different name.
Each files separate federal or state corporate, partnership
or individual income tax returns.
Each is engaged in a different trade, business or profession
or sells goods or services of a different kind or character.
One holds any license or permit, the other does not.
Nothing herein contained shall be construed to deem as separate
enterprises the operation on the same premises and under common ownership
of any of the following:
A bar and a restaurant, unless the bar holds a separate service
food establishment license.
A marina and a facility for the sale of marine fuels, lubricants
or marine supplies.
A real estate brokerage and an insurance agency or brokerage,
provided that the owner or manager thereof is licensed in both occupations.
Solid waste from domestic and commercial preparation, cooking
and dispensing of food and from the handling, storage and sale of
produce.
An individual sample collected in less than 15 minutes.
The point of interconnection between the building sewer and
the public sewer.
Any pollutant which is not a compatible pollutant, as defined herein, or any pollutant which is identified in § 220-4.3.
Any user who discharges substantial amounts of industrial
wastewater into the sewer system.
All water-carried wastes and wastewater of the Village, excluding
domestic wastewater and unpolluted water, and including all wastewater
from any producing, manufacturing, processing, institutional, commercial,
agricultural or other operation where the wastewater discharged includes
significant quantities of wastes of nonhuman origin.
As applied to the intersection of two streets, the point
of intersection of the center lines of the respective streets.
Any industrial user of the public sewer system that:
Has a flow of 50,000 gallons or more per average workday.
Has a flow of greater than 5% of the total daily flow carried
by the sewer system as a whole.
Has in its wastewater a toxic pollutant in toxic amounts as
defined in standards issued under Section 307(a) of the Federal Water
Pollution Control Act Amendments of 1972 or any successor regulation
of similar effect.
Is found by the permit-issuing authority, in conjunction with
the issuance of an NPDES or SPDES permit to the public sewer system,
to have significant impact, either singly or in combination with other
contributing industries, on the plant itself or upon the quality of
effluent from that plant.
A weight-to-volume ratio which, when multiplied by the factor
8.34, shall be equivalent to pounds per million gallons of water;
parts per million parts (ppm).
Has the meaning set forth in § 220-1.2C.
Any permit or equivalent document or instrument issued to
regulate the discharge of pollutants from point sources into the navigable
waters, the contiguous zone and the ocean by the Administrator of
the United States Environmental Protection Agency pursuant to Sections
402 and 405 of the Federal Water Pollution Control Act Amendments
of 1972 or any successor statute of similar effect.
As used in relation to the term "public sewer system," any
lateral sewer, branch sewer, interceptor sewer, trunk sewer or sewage
treatment or disposal works, each part with necessary appurtenances,
including stations.
Any change or alteration that would affect the annual unit
charge applicable to any premises which is not of a temporary or seasonal
nature or with regard to which the owner of the premises certifies
an intent not to resume or reestablish any previously existing use.
The logarithm of the reciprocal of the weight of hydrogen
ions, in grams per liter, of solution.
Any lot, parcel, plot, piece or tract of land.
Treatment of wastewaters from using premises before introduction
into the sewer system.
Any cesspool, septic tank, leaching field or other private
wastewater disposal facility servicing the premises upon which it
is installed which recharges wastewater to groundwater and is not
connected to the public sewer system.
A sewer, other than a building sewer, which forms a part
of the public sewer system of the Village.
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 waste and other waste and which
are owned, operated or maintained in the Village of Sag Harbor, including
sewage pumping stations and sewage treatment and disposal works, but
does not include a building sewer.
Any room or suite in a hotel or motel used, occupied or offered
for rental, use or occupancy to transient guests at a daily or weekly
tariff or rate or a monthly rate equal to or greater than 50% of a
number equal to the daily rate multiplied by 30.
Has the meaning set forth in § 220-1.2B.
As applied to a restaurant, tavern, snack bar or nightclub,
the maximum number of patrons accommodated by such establishment for
the on-premises consumption of food or drink and shall be equal to
the greatest of the following: the number authorized by the establishment's
liquor license, if any; the number authorized by the establishment's
Suffolk County Health Department service food establishment permit;
or the combined number of chairs, bar or fountain stools and booth
seats physically on the premises; provided, however, that banquet
rooms, catering facilities and the like, not open to the general public
without reservations made more than 48 hours in advance, shall not
be included in the computation of service capacity.
A pipe or conduit carrying wastewater. Unless the context
clearly implies otherwise, the use of the word "sewer" without a modifier
means a public sewer.
A scale of annual charges established and imposed by the
Village of Sag Harbor, Suffolk County, New York, for the use of a
public sewer system or any part thereof.
Any mooring accommodation for a boat or other watercraft
while afloat. In the case of any yacht club, marina, boat basin or
similar enterprises in which watercraft are moored parallel to a pier
or dock, the number of slips available shall be calculated by dividing
the combined length of all such parallel mooring space (in feet) by
the number 30.
Any discharge of 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 of flows during normal operation and shall adversely
affect the collection system and/or the performance of the public
sewer system.
A permit or equivalent document or instrument to regulate
the discharge of pollutants from point sources, issued by the New
York State Department of Environmental Conservation under a state
pollution discharge elimination system approved by the Administrator
of the Federal Environmental Protection Agency.
The examination and analytical procedures set forth in the
latest edition, at the time of analysis, of Standard Methods for the
Examination of Water and Wastewater, as prepared, approved and published
jointly by the American Public Health Association, the American Water
Works Association and the Water Pollution Control Federation.
Wastewater which results from precipitation, such as rain
or snow, and runs off or drains away during or after such precipitation.
Solids, measured in milligrams per liter (mg/l), that either
float on the surface or are in suspension in water, wastewater or
other liquids and which are largely removable by a laboratory filtration
device in accordance with the procedures described in Standard Methods.
Includes the cumulative concentrations of organic nitrogen,
ammonia nitrogen, nitrite nitrogen and nitrate nitrogen.
Any act or omission which violates any provision of this chapter or which violates the terms or conditions of any permit issued pursuant to Article III of this chapter, other than a failure to pay sewer rents.
Any wasted water of the Village not contaminated or polluted
with wastewater and which is suitable or could readily be made suitable
for discharge to the municipal stormwater drainage system. "Unpolluted
water" shall be water that does not contain any of the following:
Free or emulsified grease or oil.
Acids or alkalis.
Phenols or other substances producing taste or odor in receiving
waters.
Toxic or poisonous substances in suspension, colloidal state
or solution.
Noxious or otherwise obnoxious or odorous gases.
More than 10 milligrams per liter (mg/l) each of suspended solids
and biochemical oxygen demand (BOD).
Color exceeding 15 units as measured by the platinum-cobalt
method of determination or as specified in Standard Methods.
Any person who causes, suffers or permits any matter to be
discharged into any public sewer or appurtenance thereto, including
the owner of record of any using premises.
Any premises actually and physically interconnected with
the public sewer system or any part thereof.
Rejected, unused or superfluous substances, in liquid, gaseous
or solid state, resulting from domestic, agricultural or industrial
activities.
The spent water of the Village. From the standpoint of sources,
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.
Those persons, whether proprietors, partners, supervisors,
managers, agents, independent contractors or employees, who earn a
livelihood by doing work of any kind or rendering services of any
kind on the premises of any enterprise. For enterprises of a seasonal
nature, the number of workers shall be the greatest number employed
at any time during the year. For enterprises using shifts, the number
shall be the sum total of all shifts. In calculating the number of
workers, each person regularly working on a premises 20 hours or more
per week shall be counted as one worker, and each person regularly
working on a premises less than 20 hours per week shall be counted
as 1/2 worker. That an enterprise is required to maintain FICA records
or maintain worker's compensation insurance with respect to any person
shall create a presumption that such person is a worker within this
definition.
