[HISTORY: Adopted by the Board of Trustees of the Village
of Scarsdale as indicated in article histories. Amendments noted where
applicable.]
[Adopted 3-12-2013 by L.L. No. 5-2013]
A.
In recent decades, federal and state legislation has been enacted
along with strict regulatory action dealing with the collection, treatment,
and discharge of human wastewater. The Village of Scarsdale manages
and maintains 85 miles of a sanitary collection sewer within its borders.
Volumes from the sewers flow into the Westchester County trunk sewer
system and are treated at county sewage treatment plants, eventually
discharging into the Long Island Sound. It is critically important
that the Village maintain, repair, improve and replace, when necessary,
components of its sanitary sewer collection system in order to reduce
extraneous flows and illegal discharges into its collection system
before such flows enter the county trunk lines. A major component
of the extraneous flows into the sanitary sewer collection system
is inflow and infiltration from groundwaters and poorly functioning
storm drainage pipes. Municipalities must, by law, take action to
fix and maintain sanitary sewer collection systems and storm drains
to reduce all nonsanitary flows into the sanitary sewer system, as
the additional volumes adversely impact the trunk lines and the ability
to treat waste at treatment plants.
B.
The Federal Water Pollution Control Act, also known as the "Clean
Water Act," creates strict guidelines for municipalities for managing
stormwater and sanitary sewer systems, with the goal of optimal public
health and safety. Under Section 402(p)(3)(B) of the Clean Water Act,
municipal separate stormwater sewer systems (MS4) are required to
reduce pollutants in stormwater systems to the maximum extent practicable.
To regulate such stormwater systems, the Environmental Protection
Agency (EPA) is authorized to enforce the Clean Water Act and to encourage
municipalities to reduce harmful pollutants going into the stormwater
system. Section 304(m) of the Clean Water Act sets forth guidelines
which deal with discharges and pollutants. The Village of Scarsdale,
which manages an MS4, must adhere to a set of six minimum measures
in the administration of its stormwater system. One of those minimum
measures is maintaining the separation of stormwater and sanitary
sewer systems to prevent inflow between the two systems.
C.
Section 824.11 of the Westchester County Code also mandates that
municipalities "take immediate action to reduce extraneous flows of
water due to infiltration, illegal inflow and illegal stormwater connections
to tributary [sanitary] sewer systems within a municipality's borders
which are adversely impacting upon many County POTW treatment plants
in their ability to treat waste, comply with their State Pollution
Discharge Elimination System permits (SPDES permits), and to protect
and enhance the local environment." Therefore, a municipality must
take all actions necessary to ensure that the sanitary sewer system
and stormwater system are not integrated.
D.
Article 14-F of the New York State General Municipal Law allows for
municipalities to impose a sewer rent fee on real property, to be
used solely for the maintenance, repair and improvements of the sanitary
sewer system. These funds will help further facilitate the Village
of Scarsdale's compliance with the federal, state, and county guidelines
on sanitary sewer systems by establishing a steady stream of dedicated
funding to perform the necessary maintenance, repairs and improvements
to mitigate the infiltration and inflows from other sources, including,
but not limited to, stormwater and other illicit connections to the
sanitary sewer system. Compliance with federal, state, and county
code further enhances and protects the public health, safety and welfare.
Pursuant to Article 14-F of the New York State General Municipal
Law (the "Sewer Rent Law"), and in order to defray the cost of maintaining
and improving the Village's sanitary sewer system, sewer rents are
hereby established. The revenue collected by these sewer rents shall
be used for the general operation, maintenance, repairs and improvements
of the municipality's sanitary sewer system in accordance with state
law.
As used in this article, the following terms shall have the
meanings indicated:
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) and any subsequent amendments thereto.
The portion of the POTW which is designated to provide treatment
(including recycling and reclamation) of municipal sewage and industrial
wastewater.
Sewage discharging from the sanitary conveniences of dwellings
(including apartment houses), office buildings, assisted-living facilities,
or institutions and free from stormwater, surface water, industrial
water, industrial wastes and other wastes.
A sewer intended to carry only sanitary or sanitary and industrial
wastewaters from residences, commercial buildings, and institutions
to which stormwaters, surface waters and groundwaters are not intentionally
admitted through either direct or indirect connection or lack of maintenance
or neglect.
A combination of the water-carried wastes from residences,
business buildings, institutions and commercial establishments, together
with such groundwater, surface water and stormwater as may be inadvertently
present.
All facilities for collecting, regulating, pumping and transporting
sewage to and away from the POTW treatment plant.
Any surface flow, runoff, and/or subsurface drainage consisting
entirely of water from any form of natural precipitation and resulting
from such precipitation.
Publicly owned facilities on public land or privately owned
facilities on private land by which stormwater is collected and/or
conveyed, including, but not limited to, any roads with drainage systems,
municipal streets, gutters, curbs, inlets, piped storm drains, pumping
facilities, retention and detention basins, natural and human-made
or altered drainage channels, reservoirs and other stormwater appurtenances
to control and manage the flow of stormwater.
A.
The owners of real property within the Village of Scarsdale and those
outside the Village using the Village's sanitary sewer system or any
part thereof shall be required to pay a sanitary sewer rent fee for
the purpose of defraying the costs of operating, maintaining, repairing,
replacing and otherwise improving the sanitary sewer system.
B.
The Village Board of Trustees shall annually establish by resolution
a per-unit fee schedule based on water consumption and a flat fee
for properties that are only connected to the sanitary sewer system
and are not served by the Village water system. These fees shall be
included in the Village's Annual Fees and Charges Schedule.
All revenues generated from sanitary sewer rents, including
interests and penalties, shall be kept in a separate account to be
designated as the "sewer rent fund." All such funds, together with
the interest thereon, shall be used in accordance with General Municipal
Law § 453 and this article.
The sanitary sewer rent fee identified in § 244-4 herein shall be effective for sewer use beginning with the January through March calendar quarter and shall appear on the May 2013 water bill and the water bill for every quarter thereafter.
A.
The Village Board of Trustees shall impose a fee schedule based on
water consumption, setting a standard sewer rent fee per unit of water.
One unit of water constitutes 100 cubic feet (one ccf) or 748 gallons.
B.
If water is not consumed or utilized, and a connection is maintained
with the Village's sanitary sewer system, a flat sewer rent fee per
quarter shall be imposed and shall also be included in the Village's
Annual Fees and Charges Schedule.
A.
Sewer rents shall constitute a lien on the date payable, upon the
real property served by the sewer system or such part or parts thereof
for which sewer rents have been established and imposed, and such
lien shall continue thereon until paid or satisfied. The lien shall
be prior and superior to every other lien or claim except the lien
of an existing tax, assessment or other lawful charge imposed by or
for the Village.
B.
A penalty of 5% of the sewer rent fee shall be imposed for the first
month unpaid and subsequently increased 1% for each succeeding month
that the rent remains unpaid.
[Adopted 2-28-2023 by L.L. No. 5-2023]
The purpose of this article is to reduce infiltration and inflow
into the sanitary sewer system and exfiltration of sewage into groundwater
and waterways by requiring inspection, testing, repair, replacement
and ongoing maintenance of sewer laterals by property owners within
the Village of Scarsdale.
As used in this article, the following terms shall have the
meanings indicated:
A pipe fitting and associating piping connected to a sewer
lateral that provides access to the sewer lateral for purposes of
flushing, rodding, cleaning and other maintenance and diagnostic purposes.
A community apartment project, a condominium project, a planned
development, a stock cooperative, or a homeowners' association
created in accordance with the applicable provisions of New York State
law.
Any act, action or process that dismantles, destroys, knocks
down, obliterates, wrecks, disassembles, razes or tears down 100%
of the aggregate floor area of a structure. Aggregate floor area,
for purposes of this definition only, shall not include terraces,
unroofed open porches and steps.
A certificate issued by the Village Engineer or duly authorized
designee stating that:
All connections on the property to the sanitary sewer system
comply with the New York State Building Code and the Village Code;
There are no non-sanitary sewer connections;
The sewer laterals on the property do not directly or indirectly
allow inflow or infiltration into the Village's public sewer
mains; and
The sewer laterals do not exhibit any sign of exfiltration or leakage and comply with the maintenance standards in § 244-12.
Raw sewage that leaks out of laterals into soil, groundwater
and/or waterways.
Water other than wastewater that enters a sanitary sewer
system from the ground through such means as defective pipes, pipe
joints, connections, or manholes. Infiltration does not include, and
is distinguished from, inflow.
Water other than wastewater that enters a sanitary sewer
system from sources such as, but not limited to, roof leaders, sump
pumps, cellar drains, yard drains, area drains, foundation drains,
drains from springs and swampy areas, manhole covers, cross-connections
between storm sewers and sanitary sewers, catch basins, cooling towers,
stormwaters, surface runoff, street washwaters and drainage. Inflow
does not include, and is distinguished from, infiltration.
Anything that directly or indirectly conveys stormwater,
surface water, roof runoff, intercepted groundwater or subsurface
drainage into the sanitary sewer system, including but not limited
to downspouts, yard drains, sump pumps, or other sources of stormwater,
runoff or groundwater.
A person that owns a present interest in a parcel of real
property. As used in this definition, a "person" means an individual,
trust, corporation, nonprofit organization, common interest development,
partnership, firm joint venture, limited liability company, or association.
Any event described in § 244-14A that, upon the occurrence of the event, imposes an obligation on a property owner to obtain a discharge compliance certificate.
A vertical deflection of the sewer lateral from its overall
grade whereby liquid or settled solids obstruct more than 25% of the
pipe when no flow is present.
A system of piping intended to carry only sanitary or sanitary
and industrial wastewaters from residences, commercial buildings,
and institutions to which stormwaters, surface waters and groundwaters
are not intentionally admitted through either direct or indirect connection
or lack of maintenance or neglect. The sanitary sewer system includes
sewer laterals and sewer mains.
That part of the piping of a sanitary sewer system which
extends from the end of the building sewer drain to the sewer main
and conveys the discharge of the building sewer drain to the sewer
main. This includes the connection to the sewer main.
A sanitary sewer line directly controlled by the Village
of Scarsdale and located in the public right-of-way or Village easement
that collects flows from one or more sewer laterals.
Construction projects for residences costing over $100,000.
No property owner shall discharge or cause to be discharged
any non-sanitary substance, including but not limited to stormwater,
surface water, groundwater, roof runoff, subsurface drainage, cooling
water, air-conditioning and refrigerating wastewaters or unpolluted
industrial process water or other similar discharge or entry, into
the sanitary sewer system. Any existing connection or discharge resulting
in a non-sanitary sewer connection shall be terminated.
A.
It shall be the sole responsibility of the property owner to perform
all required maintenance, repairs and replacements of sewer laterals
in accordance with the requirements of this section and any other
Village standards.
B.
Standards for maintenance of a sewer lateral are set forth as follows:
(1)
Sewer laterals shall be kept free from roots, grease deposits and
other solids, which may impede the flow or obstruct the transmission
of sewage.
(2)
Sewer laterals shall not exhibit any signs of infiltration.
(3)
Sewer laterals shall not exhibit any sign of exfiltration or leakage.
(4)
Sewer lateral pipe joints shall be watertight, and all lateral pipes
shall be free of any structural defects such as cracks, breaks, openings,
rodent holes or missing portions, and the grade shall be uniform without
sags or offsets.
(5)
Sewer laterals shall only be connected to sewer mains.
(6)
All cleanouts shall be securely sealed with a proper cap or approved
overflow device at all times.
(7)
There shall be no non-sanitary sewer connections to the sewer lateral
or to any plumbing that connects thereto.
A.
In the event the Village Engineer or duly authorized designee identifies
any illegal connections, significant defects or leaking, deteriorating
or poorly constructed sewer laterals and/or sewer lateral service
connections, the Village Engineer or duly authorized designee shall
give written notice of same to the property owner that such illegal
connections or defects be eliminated, repaired, replaced, or rehabilitated
at the property owner's expense, within 30 days of the date of
the notice. If the condition does not create a health hazard, the
Village Engineer or duly authorized designee, upon written request
of the property owner, may, within his or her discretion, extend the
deadline to 60 days from the date of the notice. Where a sewer lateral
is served by more than one property, the owners of each property will
be issued a written notice.
B.
Upon completion of the repairs, the property owner shall submit to the Village Engineer or duly authorized designee an application for a discharge compliance certificate in accordance with § 244-16. The property owner shall submit a detailed invoice specifying the repairs made and reflecting payment for the repairs. Upon the determination of the Village Engineer or duly authorized designee that the property is in compliance with all applicable codes and regulations, the discharge compliance certificate will be issued.
C.
If the property owner fails to complete the repairs and bring the
property into compliance within the time required, the Village may
enter upon the property and complete the required work. The cost of
doing so will be billed to the property owner of the property, and,
in the event of nonpayment, will be a lien on the property which can
be collected and enforced as part of, and in the same manner as, Village
taxes. Where there is more than one property being served by a sewer
lateral, the Village may recover the costs from each owner jointly
and severally.
D.
A property owner may choose to correct the noncompliance by replacing
the sewer lateral. Any new sewer lateral, whether installed to correct
noncompliance or otherwise, must be installed in accordance with all
applicable codes and regulations, including this section, and must
be inspected by the Village Engineer, who will issue a discharge compliance
certificate if the new lateral complies with the requirements of this
section.
A.
All property owners shall be responsible to satisfactorily complete
televised and/or pressure testing of the sewer laterals and obtain
a discharge compliance certificate as follows:
B.
Exemptions. Property owners shall not be required to complete televised
and/or pressure testing of the sewer laterals and obtain a discharge
compliance certificate upon the occurrence of a qualifying event in
the following instances:
(1)
When a qualifying event occurs with respect to the property owner's parcel within a common interest development. The person responsible for governing and managing the common interest development shall complete televised and/or pressure testing and obtain a discharge compliance certificate pursuant to § 244-16.
(2)
Upon the transfer of a partial interest such as leasehold.
(3)
Upon a transfer to a beneficiary by a fiduciary in the course of
the administration of a decedent's estate, guardianship, conservatorship,
or trust.
(4)
Upon a transfer between persons who own a parcel of real property
concurrently in the form of a tenancy in common, a joint tenancy,
a partnership, a community property, or any other form of tenancy,
co-ownership, or concurrent ownership.
(5)
Upon a transfer made by a trustor to fund or defund an inter vivos
trust, or by an executor to fund a testamentary trust or where the
property is sold within 12 months and is not occupied by the beneficiary
or family member.
(6)
Upon a transfer made to a person's spouse, a domestic partner,
parent, child, grandchild or grandparent.
(7)
Upon the construction of a new principal building.
C.
If at the time of a qualifying event the property owner can prove
that a discharge compliance certificate has been issued within the
preceding five years or the entire sewer lateral was fully replaced
or inspected, from building structure to the sewer main, in the last
10 years, and there has been no significant change in the condition
of the property, as determined by the Village Engineer in its sole
discretion, the Village Engineer or duly authorized designee may waive
the requirement for a new discharge compliance certificate for that
particular qualifying event.
Demolition of an existing principal structure to construct a
new principal structure shall require complete removal of the existing
sewer lateral and installation of a new sewer lateral, unless the
existing sewer lateral was fully replaced in the last 10 years.
A.
Application for discharge compliance certificate.
(1)
Upon completion of any required televised and/or pressure test of
the sewer laterals or required repairs, the person who performed the
test and/or the repairs shall submit to the Village Engineer or duly
authorized designee an application for a discharge compliance certificate
confirming that the property has been tested and/or any illegal connections
or defects have been eliminated, repaired, replaced or rehabilitated.
The application shall specifically note and report whether there are
any sump pumps on the property and, if so, shall confirm that each
pump is connected to a discharge outlet that does not lead to the
sanitary sewer system, or discharge onto a public highway.
(2)
The person who performed the test or required repairs shall identify
the type of testing performed, submit the televised and/or pressure
testing results, and verify whether the house, building or property
has any roof drains, sump pump or other prohibited stormwater connections,
groundwater connections or other sources of inflow or infiltration
to the sanitary sewer in violation of this article. For any required
repairs, the property owner shall submit with the discharge compliance
certificate a detailed invoice specifying the repairs made and reflecting
payment for the repairs.
(3)
Every application for a discharge compliance certificate made pursuant
to this article shall be made on forms provided by the Village.
B.
Testing and inspection procedures.
(1)
All testing and inspection procedures shall be in accordance with
procedures or standards reviewed and approved by the Village Engineer
or duly authorized designee.
(2)
Testing and inspection shall be performed by a plumber licensed to
do business within the County of Westchester, or a professional engineer
or architect licensed in the State of New York.
(3)
The inspection shall be conducted using CCTV, and the Village may
reject any video inspection, and require a new inspection if the video
recording of the inspection is not of sufficient quality to adequately
assess the condition of the lateral to the Village's satisfaction.
(4)
All repair or replacement work identified by the inspection or testing
as necessary to prevent inflow and infiltration must be completed
and approved by the Village.
(5)
A CCTV inspection following completion of repairs or replacement
is required as proof of compliance.
C.
Issuance of discharge compliance certificate.
(1)
If the application for a discharge compliance certificate, properly
completed and filed with the Village Engineer or duly authorized designee
with the designated filing fee, indicates that the property is in
compliance with all applicable codes and regulations, then the Village
Engineer or duly authorized designee shall issue the discharge compliance
certificate.
(2)
If the televised and/or pressure test of the sewer laterals reveals
the existence of one or more illegal connections or defects to the
sanitary system, the Village Engineer or duly authorized designee
shall not issue the discharge compliance certificate until the illegal
connections or defects have been removed or repaired, and a qualified
contractor has certified that there are no illegal connections or
defects to the sanitary sewer system from the property.
(3)
Nothing in this article shall create a right or entitlement to a
discharge compliance certificate obtained by error, omission, fraud,
or misrepresentation. If the Village Engineer or their designee determines
a discharge compliance certificate was obtained by the error, omission,
fraud, or misrepresentation of any person or entity, the Village Engineer
may revoke a discharge compliance certificate upon 30 days' prior
written notice.
D.
If an inspection is triggered by a transfer of title, and remedial
work or a replacement is required for the issuance of a discharge
compliance certificate, the Village Engineer or duly authorized designee
may permit the transfer of title to proceed without the discharge
compliance certificate if the transferor deposits with the Village,
in a trust and agency account to be maintained by the Village Treasurer,
an amount determined by the Village Engineer or duly authorized designee
to be sufficient to complete the remedial work or replacement, and
the transferor agrees that the work will be completed within six months
and that, if the work is not completed within six months, the Village
may enter upon the property and complete such work using the escrowed
funds. The Village Treasurer will bill to the transferor any cost
to complete the work beyond the amount deposited with the Village
Treasurer, and if the transferor does not pay that amount, the balance
due will be a lien on the property which can be collected and enforced
as part of, and in the same manner as, the Village taxes.
A.
A common interest development must conduct a televised and/or pressure test of the sewer laterals under its control, and obtain a discharge compliance certificate in accordance with § 244-16 as follows:
(1)
Existing common interest development. A common interest development
created on or before January 1, 2025, shall obtain a discharge compliance
certificate within six months of the adoption of this article.
(2)
New common interest development. A common interest development created
after January 1, 2025, must within 12 months of the date it is created
obtain a discharge compliance certificate.
(3)
Increase in responsibility. A common interest development, regardless
of the date it was first created, that takes any action which increases
the physical extent of the common interest development's sewer
lateral maintenance responsibility must, within six months, obtain
a discharge compliance certificate, unless a compliance discharge
certificate was issued and remains valid and unexpired.
(4)
Decrease in responsibility. A common interest development that, regardless
of the date it was first created, takes any action which decreases
the physical extent of the common interest development's sewer
lateral maintenance responsibility must, within six months, obtain
a discharge compliance certificate, unless a compliance discharge
certificate was issued and remains valid and unexpired.
B.
A discharge compliance certificate issued to a common interest development
shall be valid for 10 years, unless revoked or modified.
A.
The Village Engineer or duly authorized designee is authorized to
require and review lateral testing and carry out inspections within
the Village for purposes of discovering or locating the inflow of
surface stormwater to the sanitary sewer system (whether connected
directly to a sewer main or via an illegal connection to the sewer
lateral). Property owners in the Village are required to grant access
to the Village Engineer or duly authorized designee or lateral testing
contractor and to permit lateral testing or other testing or inspection.
It shall be a violation of this article to refuse to grant access
to the Village Engineer or duly authorized designee and/or the lateral
testing contractor for lateral testing or other testing or inspection.
B.
The Village Engineer or duly authorized designee may enter upon all
properties at reasonable hours for the purpose of inspection, observation,
measurement, sampling and testing to secure compliance or prevent
a violation of any portion of this section.
C.
The Village Engineer or duly authorized designee shall give the property
owner not less than three days' written notice before Village
personnel enter private property to conduct an inspection or test,
unless there is an emergency threatening the public health, safety
or welfare.
If the Village has been refused access to a building, structure,
or property, or any part thereof, and is able to demonstrate probable
cause to believe that there may be a violation of this article, or
that there is a need to inspect the building, structure, or property,
or party thereof to verify compliance with this article or any permit
or order issued hereunder, or to protect the overall public health,
safety and welfare of the community, then the Village may seek issuance
of a search warrant in accordance with NY Criminal Procedure Law § 690.35.
The fee for obtaining a discharge compliance certificate shall
be established by resolution of the Village Board and included in
the annual Village-wide Fees and Charges Schedule.
A.
Notice of violation. When the Village finds that a property owner
has violated a prohibition or failed to meet a requirement of this
article, he/she may order compliance by written notice of violation
to the responsible property owner. Such notice may require without
limitation:
(1)
The elimination of illegal connections or discharges;
(2)
The repair of a sewer lateral;
(3)
That violating discharges, practices, or operations shall cease and
desist;
(4)
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property;
(5)
The performance of monitoring, analyses, and reporting; and/or
(6)
Payment of a fine.
B.
It shall also be an offense against and violation of this article
for any person to make a false statement or submit false or misleading
information in connection with any application or certification made
under this article.
C.
Penalties. In addition to or as an alternative to any penalty provided
by law, any property owner who violates the provisions of this article
shall be guilty of a violation punishable by a fine not exceeding
$350, for conviction of a first offense; for conviction of a second
offense, both of which were committed within a period of five years,
punishable by a fine not less than $350 nor more than $700 or imprisonment
for a period not to exceed six months, or both; and upon conviction
for a third or subsequent offense, all of which were committed within
a period of five years, punishable by a fine not less than $700 nor
more than $1,000 or imprisonment for a period not to exceed six months,
or both. Each month that such violation continues shall constitute
a separate violation. For the purposes of conferring jurisdiction
upon courts and judicial officers generally, violations of this article
shall be deemed misdemeanors and for such purpose only all provisions
of law relating to misdemeanors shall apply to such violations. Each
week's continued violation shall constitute a separate additional
violation.
D.
Injunctive relief. It shall be unlawful for any property owner to
violate any provision or fail to comply with any of the requirements
of this article. If a property owner has violated or continues to
violate the provisions of this article, the Village may petition for
a preliminary or permanent injunction restraining the property owner
from activities which would create further violations or compelling
the property owner to perform abatement or remediation of the violation.
E.
No land use approval, building permit or certificate of occupancy
shall be issued in connection with a property on which occurred any
violation of this article unless and until the provisions of this
article have been complied with and a discharge compliance certificate
has been issued.
In addition to the enforcement processes and penalties provided,
any condition caused or permitted to exist in violation of any of
the provisions of this article is a threat to public health, safety,
and welfare, and is declared and deemed a nuisance, and may be summarily
abated or restored at the violator's expense, and/or a civil
action to abate, enjoin, or otherwise compel the cessation of such
nuisance may be taken.
The remedies listed in this article are not exclusive of any
other remedies available under any applicable federal, state or local
law and it is within the discretion of the authorized enforcement
agency to seek cumulative remedies.
