[Adopted 12-17-1992 by L.L. No. 7-1992 (Ch. 164, Art. V and Art. VI, of the 1987 Code)]
A. 
Unless the context specifically indicates otherwise, the meaning of terms used in this article shall be as follows:
BIOCHEMICAL OXYGEN DEMAND (BOD)
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days of 20° C., expressed in milligrams per liter.
BUILDING DRAIN
That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (1.5 meters) outside the inner face of the building wall.
BUILDING SEWER
The extension from the building drain to the public sewer or other place of disposal, also called a "house connection."
COMBINED SEWER
A sewer intended to receive both wastewater and stormwater or surface water.
DIRECTOR
The Director of Water and Sewer Operations of the Town or his authorized deputy, agency or representative.
[Amended 11-18-2015 by L.L. No. 9-2015]
EASEMENT
An acquired legal right for the specific use of land owned by others.
FLOATABLE OIL
Oil, fat or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. A wastewater shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system.
GARBAGE
The animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods.
INDUSTRIAL WASTES
The wastewater from industrial processes, trade or business, as distinct from domestic or sanitary wastes.
NATURAL OUTLET
Any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body of surface water or groundwater.
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION or NYSDEC
The New York State Department of Environmental Conservation or duly authorized official of said Department.
PERSON
Any individual, firm, company, association, society, corporation or group.
pH
The logarithm of the reciprocal of the hydrogen ion concentration. The concentration is the weight of hydrogen ions, in grams per liter of solution. Neutral water, for example, has a pH value of seven and a hydrogen ion concentration of 10-7.
PROPERLY SHREDDED GARBAGE
The wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch (1.27 centimeters) in any dimension.
PUBLIC SEWER
A common sewer controlled by a governmental agency or public utility.
SANITARY SEWER
A sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions, together with minor quantities of groundwater, stormwater and surface waters that are not admitted intentionally.
SEWAGE
The spent water of a community. The preferred term is "wastewater."
SEWER
A pipe or conduit that carries wastewater or drainage water.
SIGNIFICANT INDUSTRIAL WASTE USER
Any user who has an industrial waste discharge flow of 25,000 gallons or more per average workday, or has a flow greater than 5% of the flow in the Town wastewater system, or has in his waste toxic pollutants, as defined pursuant to Section 307 of the Federal Clean Water Act, or has been identified as one of the 21 industrial categories pursuant to Section 307 of the Federal Clean Water Act, or is found by the Town to have significant impact either singly or in combination with other contributing industries on the treatment or collection system.
SLUG
Any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average twenty-four-hour concentration or flows during normal operation and shall adversely affect the collection system and/or performance of the wastewater treatment works.
STORM DRAIN (sometimes termed "STORM SEWER")
A drain or sewer for conveying water, groundwater, subsurface water or unpolluted water from any source.
SUSPENDED SOLIDS
Total suspended matter that either floats on the surface of or is in suspension in water, wastewater or other liquids and that is removable by laboratory filtering as prescribed in "Standard Methods for the Examination of Water and Wastewater" and is referred to as "nonfilterable residue."
UNPOLLUTED WATER
Water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided.
WASTEWATER
The spent water of a community. From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions, together with any groundwater, surface water and stormwater that may be present.
WASTEWATER FACILITIES
The structures, equipment and processes required to collect, carry away and treat domestic and industrial wastes and dispose of the effluent owned by any agency having jurisdiction thereof.
WASTEWATER TREATMENT WORKS
An arrangement of devices and structures for treating wastewater, industrial wastes and sludge. Sometimes used as synonymous with "waste treatment plant" or "wastewater treatment plant" or "water pollution control plant."
WATERCOURSE
A natural or artificial channel for the passage of water, either continuously or intermittently.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY or USEPA
The United States Environmental Protection Agency or, where appropriate, a designation for the administrator or other duly authorized official of said Agency.
B. 
Word usage. The term "may" is permissive; the term "shall" is mandatory.
It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the Town of North Castle, or in any area under the jurisdiction of said Town, any human or animal excrement, garbage or objectionable waste.
It shall be unlawful to discharge to any natural outlet within the Town of North Castle or in any area under the jurisdiction of said Town any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this article.
The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the Town and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the Town, is hereby required, at the owner's expense, to install suitable toilet facilities therein and to connect such facilities directly with the proper public sewer in accordance with the provisions of this article within 90 days after date of official notice to do so, provided that said public sewer is within 100 feet (30.5 meters) of the property line.
A. 
Where a public sanitary or combined sewer is not available under the provisions of § 250-106, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of this section and in accordance with all standards, rules and regulations of the New York State Department of Health.
B. 
The type, capacities, location and layout of a private wastewater disposal system shall comply with all recommendations of the Department of Health of the State of New York. No septic tank or cesspool shall be permitted to discharge to any natural outlet.
C. 
At such time as a public sewer becomes available to a property served by a private wastewater disposal system as provided in Subsection D, a direct connection shall be made to the public sewer within 90 days after notice to connect in compliance with this article, and any septic tanks, cesspools and similar private wastewater disposal facilities shall be cleaned of sludge and filled with suitable material.
D. 
The owner shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times, at no expense to the Town.
E. 
No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the Health Officer.
No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Director of Water and Sewer Operations.
[Amended 8-14-2013 by L.L. No. 7-2013]
The owner or his agent shall make application on a special form furnished by the Town. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Director of Water and Sewer Operations. A fee shall be charged in connection with the sewer service applications and other actions of the Town described in or contemplated by this part in such amounts as set forth in the Master Fee Schedule.[1]
[1]
Editor's Note: See Ch. A370, Master Fee Schedule.
All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the Town from any loss or damage that may, directly or indirectly, be occasioned by the installation of the building sewer.
A separate and independent building sewer shall be provided for every building; except that, where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, the front building may be extended to the rear building and the whole considered as one building sewer, but the Town does not and will not assume any obligation or responsibility for damage caused by or resulting from any such single connection aforementioned.
Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Director of Water and Sewer Operations, to meet all requirements of this article.
The size, slope, alignment, materials of construction of a building sewer and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench shall all conform to the requirements of the Building and Plumbing Code or other applicable rules and regulations of the Town. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the American Society for Testing and Materials and WPCF Manual of Practice No. 9 shall apply.
Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.
No person shall make connection of roof downspouts, foundation drains, areaway drains or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer, unless such connection is approved by the Director of Water and Sewer Operations for purposes of disposal of polluted surface drainage.
The connection of the building sewer into the public sewer shall conform to the requirements of the Building and Plumbing Code or other applicable rules and regulations of the Town or the procedures set forth in appropriate specifications of the American Society for Testing and Materials and the WPCF Manual of Practice No. 9. All such connections shall be made gastight and watertight and verified by proper testing. Any deviation from the prescribed procedures and materials must be approved by the Director of Water and Sewer Operations before installation.
The applicant for the building sewer plant shall notify the Director of Water and Sewer Operations when the building sewer is ready for inspection and connection to the public sewer. The connection and testing shall be made under the supervision of the Director of Water and Sewer Operations or his representative.
All excavations for building sewer installations shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Town.
A. 
No person shall discharge or cause to be discharged any unpolluted waters such as stormwater, groundwater, roof runoff, subsurface drainage or cooling water to any sewer except by permission of the Director of Water and Sewer Operations.
B. 
Stormwater other than that exempted under Subsection A and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers or to a natural outlet approved by the Director of Water and Sewer Operations and other regulatory agencies. Unpolluted industrial cooling water or process waters may be discharged, on approval of the Director of Water and Sewer Operations, to a storm sewer, combined sewer or natural outlet. Such discharges require a State Pollutant Discharge Elimination System discharge permit and are subject to all applicable state and federal regulations.
No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:
A. 
Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas. No discharge shall be made into any public sewer which will cause the influent of the treatment plant to be greater than 104° F. (40° C.).
B. 
Any waters containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any waste treatment process, constitute a hazard to humans or animals, create a public nuisance or create any hazard in the receiving waters of the wastewater treatment plant.
C. 
Any waters or wastes having a pH lower than 5.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the wastewater works.
D. 
Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the wastewater facilities, such as but not limited to ashes, bones, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
The following described substances, materials, waters or waste shall be limited in discharges to municipal systems to concentration or quantities which will not harm either the sewers, wastewater treatment process or equipment, will not have an adverse effect on the receiving stream or will not otherwise endanger lives, limb, public property or constitute a nuisance. The Director of Water and Sewer Operations may set limitations lower than the limitations established in the regulations below if, in his opinion, such more severe limitations are necessary to meet the above objectives. In forming his opinion as to the acceptability, the Director of Water and Sewer Operations will give consideration to such factors as the quantity of subject waste in relation to flows and velocities in the sewers, materials of construction of the sewers, the wastewater treatment process employed, capacity of the wastewater treatment plant, degree of treatability of the waste in the wastewater treatment plant and other pertinent factors. The limitations or restrictions on materials or characteristics of waste or wastewaters discharged to the sanitary sewer which shall not be violated without approval of the Director of Water and Sewer Operations are as follows:
A. 
Wastewater having a temperature higher than 150° F. (65° C.).
B. 
Wastewater containing more than 25 milligrams per liter of petroleum oil, nonbiodegradable cutting oils or product of mineral oil origin.
C. 
Wastewater from industrial plants containing floatable oils, fat or grease.
D. 
Any garbage that has not been properly shredded. (See § 250-102.) Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments or similar places where garbage originates from the preparation of food in kitchens for the purposes of consumption on the premises or when served by caterers.
E. 
Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances to such degree that any such material received in the composite wastewater at the wastewater treatment works exceeds the limits established by the Director of Water and Sewer Operations for such materials.
F. 
Any waters or wastes containing odor-producing substances exceeding limits which may be established by the Director of Water and Sewer Operations.
G. 
Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Director of Water and Sewer Operations in compliance with applicable state or federal regulations.
H. 
Quantities of flow or concentration, or both, constitute a slug as defined herein.
I. 
Waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed or are amenable to treatment only to such degree that the wastewater treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
J. 
Any water or wastes which, by interaction with other water or wastes in the public sewer system, release obnoxious gases from suspended solids which interfere with the collection system or create a condition deleterious to structures and treatment processes.
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 in § 250-121 of this article, and which, in the judgment the Director of Water and Sewer Operations, may have a deleterious effect upon the wastewater facilities, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Director of Water and Sewer Operations may:
(1) 
Reject the wastes.
(2) 
Require pretreatment to an acceptable condition for discharge to the public sewers,
(3) 
Require payment to cover added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of § 250-143 of this part.
(4) 
Require control over the quantities and rates of discharge.
B. 
When considering the above alternatives, the Director of Water and Sewer Operations shall give consideration to the economic impact of each alternative on the discharger. If the Director of Water and Sewer Operations permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Director of Water and Sewer Operations.
Grease, oil and sand interceptors shall be provided when, in the opinion of the Director of Water and Sewer Operations, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts, as specified in § 250-121C, or any flammable wastes, sand or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Director of Water and Sewer Operations and shall be located as to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors, the owner shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates and means of disposal, which are subject to review by the Director of Water and Sewer Operations. Any removal and hauling of the collected materials not performed by owner personnel must be performed by currently licensed waste disposal firms.
When required by the Director of Water and Sewer Operations, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable structure, together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. Such structure, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the Director of Water and Sewer Operations. The structure shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times.
The Director of Water and Sewer Operations may require a user of sewer services to provide information needed to determine compliance with this article. These requirements may include:
A. 
Wastewater discharge peak rate and volume over a specified time period.
B. 
Chemical analyses of wastewaters.
C. 
Information on raw materials, processes and products affecting wastewater volume and quality.
D. 
Quantity and disposition of specific liquid, sludge, oil, solvent or other materials important to sewer use control.
E. 
A plot plan of sewers of the user's property showing sewer and pretreatment facility location.
F. 
Details of wastewater pretreatment facilities.
G. 
Details of systems to prevent and control the losses of materials through spills to the municipal sewer.
All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this article shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association. Sampling methods, location, times, durations and frequencies are to be determined on an individual basis, subject to approval by the Director of Water and Sewer Operations.
No statement contained in this article shall be construed as preventing any special agreement or arrangement between the Town and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the Town for treatment.
Waste deemed by the Director of Water and Sewer Operations to be harmful or corrosive shall be discharged in a manner acceptable to the Director of Water and Sewer Operations and to all state, county and federal agencies having jurisdiction of such an activity.
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 wastewater facilities. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.
The user shall notify the Town immediately upon accidentally discharging wastes in violation of this article. This notification shall be followed shortly after the date of occurrence (e.g., within 15 days) by a detailed written statement describing the causes of the accidental discharge and the measures taken to prevent future occurrences. Such notification will not relieve users of liability for any expense, loss or damage to the sewer system, treatment plant or treatment process or for any fines imposed on the municipality under applicable state and federal regulations.
The Director of Water and Sewer Operations and other duly authorized employees of the Town bearing proper credentials and identification and representatives or duly authorized employees of Westchester County Health Department, New York State Department of Environmental Conservation and the United States Environmental Protection Agency shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing pertinent to discharge to the community system in accordance with the provisions of this article.
The Director of Water and Sewer Operations or other duly authorized person described in § 250-134 is authorized to obtain information concerning industrial process which have a direct bearing on the kind and source of discharge to the wastewater collection system. The industry must establish that the revelation to the public of the information in question might result in an advantage to competitors.
While performing the necessary work on private properties referred to in § 250-134 above, the Director of Water and Sewer Operations or duly authorized personnel as set forth in § 250-134 above shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the Town employees, and the Town shall indemnify the company against loss or damage to its property by Town employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in § 250-125.
The Director of Water and Sewer Operations and other persons as described in § 250-134, bearing proper credentials and identification, shall be permitted to enter all private properties through which the Town holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the wastewater facilities lying within said easement. All entry and subsequent work, if any, on said easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
A. 
Any person found to be violating any provision of this article, except §§ 250-131 through 250-133, shall be served by the Town with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
B. 
Any person who shall continue any violation beyond the time limit provided for in Subsection A shall be guilty of a misdemeanor and, on conviction thereof, shall be fined in the amount not exceeding $1,000 for each violation per day per violation or be imprisoned for a term not exceeding 15 days, or both such fine and imprisonment. Each day in which any such violation shall continue shall be deemed a separate offense.
[Amended 4-29-2020 by L.L. No. 3-2020]
C. 
Any person violating any of the provisions of this article shall become liable to the Town for any expense, loss or damage occasioned the Town by reason of such violation.
This article may be amended by the Town Board of the Town of North Castle acting as the Sewer District Commission in the manner prescribed by law, which changes, before becoming effective, shall be reviewed by the New York State Department of Environmental Conservation and the Westchester County Department of Health.
This article shall be known as and may be cited as the "Sewer District No. 3 Use Ordinance."
This article shall be known as and may be cited as the "Sewer District No. 3 Use Charge Ordinance." Its purpose is to establish and regulate the collection of charges for the use facilities of Sewer District No. 3.
As used in this article, the following terms shall have the meanings indicated:
CHARGES
The annual charge for the discharge or introduction of matter into the facilities.
FACILITIES
Includes the collection system, pump stations and related fixtures, machinery and equipment.
PERSON
Includes individuals, firms, partnerships, companies, corporations, associations or any legal entity.
SEWER
Includes all facilities as heretofore defined.
SEWER DISTRICT
Includes all properties physically situate within the territorial limits of North Castle Sewer District No. 3.
Effective upon the commencement of the operation of the Sewer District facilities, the basis of the charges for the sewer use shall be determined by the following schedule of units of use. In the event that the units are computed to a fraction, the next highest whole number shall be the unit of use.
Use Classification
Units of Use
1-family dwelling:
1 kitchen
1
2 kitchens
2
Combination 1-family home with a professional or business office
2
Hotel or motels, exclusive of bar or restaurant, each 3 rooms or part
1
Commercial and industrial establishments:
With 5 occupants or less ("occupants" are defined as owners, managers or employees), office and retail
1/2
For each additional 10 occupants or part
1
Restaurant (including bars):
30 seats or less
5
Each 6 additional seats or part over 30, add
1
Schools: public, private or parochial
Elementary or nursery, for each 30 pupils
1
Junior high school, for each 25 pupils
1
Senior high school, for each 15 pupils
1
Churches, synagogues, temples (including Sunday school):
For each 50 member-families
1
Theater:
For each 100 seats or part
1
Hospitals, including nursing homes:
For each 2 beds
1
Service stations:
Without car wash
3
With car wash
6
Town buildings:
Each 10 occupants
1
Library:
Each 10 occupants
1
Club or social establishment:
Each 50 members
1
Health spa or club:
Each 5 members
1
*
NOTE: Any industries greater than 25,000 gallons per day shall be individually monitored.
Each user shall be notified annually of the estimated charges for the ensuing year. A public hearing on such budget shall be held in December of each year in conjunction with the general budget of the Sewer District.
The Town Board acting as commissioners of Sewer District No. 3 shall hold a public hearing in accordance with the provisions of § 239 of the Town Law for the purpose of considering objections to the assessment roll. Such Board may affirm, modify or amend the assessment roll as to any property upon a finding that the strict application of this article would be inequitable to such person or property.
The Town Board shall review not less often than every two years the wastewater contribution of users and user classes, the total costs of operation and maintenance of the treatment works and its approved user charge system. The Board shall revise the charges for users or user classes to accomplish the following:
A. 
Maintain the proportionate distribution of operation and maintenance costs among users and user classes as required herein.
B. 
Generate sufficient revenue to pay the total operation and maintenance costs necessary to the proper operation and maintenance (including replacement) of the treatment works.
C. 
Apply excess revenues collected from a class of users to the costs of operation and maintenance attributable to that class for the next year and adjust the rate accordingly.
This article shall take effect immediately; excepting, however, that the collection of user charges for the first year shall be apportioned based on the calendar year commencing upon the commencement of the operation of the treatment plant.