[Adopted 11-13-2017 by L.L. No. 16-2017, effective 12-29-2017[1]]
[1]
Editor's Note: This ordinance also repealed former Art. IV,
Removal of Illegal Sewer Connections and Elimination of Illegal Discharge
of Liquids, adopted 7-9-2007 by L.L. No. 9-2007, effective 7-20-2007.
The purpose of this article is to reduce infiltration and inflow
into the sanitary sewer system operated by the Village of Mamaroneck
and exfiltration of sewage into groundwater and waterways by requiring
inspection, testing, repair, replacement and ongoing maintenance of
private sewer laterals by property owners in the Village of Mamaroneck.
As used in this article, the following terms are defined as
follows:
A certificate issued by the Building Inspector based upon
a plumber's certification stating that:
All of the connections leading from the structures on the property
to the public stormwater sewer lines and the public sanitary sewer
lines comply with the requirements of the New York State Building
Code, the Westchester County Sewer Act, the Westchester County Sanitary
Code and the Village Code;
There are no culverts, drains, hoses, leaders, lines, pipes
or pumps that discharge liquids into the sanitary sewer; and
The sanitary sewer laterals leading from the structures on the
property do not directly or indirectly allow inflow or infiltration
into the Village's public sanitary sewer lines.
Raw sewage that leaks out of laterals into soil, groundwater
and waterways.
Water other than wastewater that enters a sewer system (including
sanitary sewer laterals or sewer service connections) 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 sewer system (including
sanitary sewer laterals or sewer service connections) 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.
A certification made to the Village by a plumber licensed
to do business within the County of Westchester that the plumber:
[Amended 2-12-2024 by L.L. No. 2-2024, effective 2-16-2024]
Has inspected all of the connections leading from the structures
on the property to the public stormwater sewer lines and the public
sanitary sewer lines and that all such connections comply with the
requirements of the New York State Building Code, Westchester County
Sewer Act, the Westchester County Sanitary Code and the Village Code.
Has inspected the real property and i) found that there are
no culverts, drains, hoses, leaders, lines, pipes or pumps that discharge
liquids into the sanitary sewer; ii) identified the number and location
of any sump pumps on the premises and describes the method and location
through which the sump system discharges accumulated liquids; and
iii) certified that all sump pumps on the premises are connected to
a discharge system that cannot connect to the public sewer.
Has inspected the sanitary sewer laterals leading from the structures
on the property and determined that such laterals do not directly
or indirectly allow inflow or infiltration therefrom into the Village's
public sanitary sewer lines, which inspection must include either
a video record of a closed-circuit television (CCTV) inspection of
the entire sanitary sewer lateral that has been provided to the Village,
or, in the case of a force or pump system, the results of a pressure
test of the system; satisfactory, in either case, to the Building
Inspector or his designee.
Either a transfer of title to the real property, other than
a transfer between family members in order to create a joint tenancy
or tenancy in common, or an application for a building and/or plumbing
permits for construction with a value that exceeds 50% of the assessed
value of the property, including improvements.
The sanitary sewer pipe running from the structures on a
property conveying wastewater from the structure and connecting to
the public sanitary sewer main.
A.
It is the sole responsibility of the private property owner to perform
all required maintenance, repairs and replacements of sanitary sewer
laterals in accordance with the requirements of this article and the
requirements of the New York State Building Code, the Westchester
County Sewer Act, the Westchester County Sanitary Code and the Village
Code.
B.
Laterals shall be kept free from roots, grease deposits and other
solids which may impede the flow or obstruct the transmission of sewage.
C.
Laterals shall not exhibit any signs of infiltration.
D.
Laterals shall not exhibit any sign of exfiltration or leakage.
E.
Lateral pipe joints shall be tight and all lateral pipes shall be
free of any structure defects such as breaks, openings, and voids.
A.
If at any time any sanitary sewer lateral is found to not be in compliance with the requirements of § 282-14, the owner of the property must cause all necessary repairs made to bring the lateral into compliance. Unless the Building Inspector allows additional time for good cause shown, the owner of the property must undertake to complete the required repairs to the satisfaction of the Building Inspector or his designee within 60 days of the sooner of becoming aware of the noncompliance, or receiving notice from the Village or otherwise, including an inspection by a plumber done in connection with providing a plumber's certification, that the lateral is not in compliance.
B.
If the owner fails to complete the repairs and bring the lateral
into compliance within the time required, the Village may enter upon
the property and complete the required work, and the cost of doing
so will be billed to the 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.
C.
Upon completion of the repairs, the owner must provide to the Building
Inspector a detailed invoice specifying the repairs made and reflecting
payment for the repairs and a plumber's certification, and must obtain
from the Building Inspector a discharge compliance certificate.
D.
An owner may choose to correct the noncompliance by replacing the
sanitary sewer lateral. Any new sanitary sewer lateral, whether installed
to correct a noncompliance or otherwise, must be installed in accordance
with all applicable codes and regulations, including this article,
and must be inspected by the Building Inspector, who will issue a
discharge compliance certificate if the new lateral complies with
the requirements of this article.
A.
Each property owner must obtain discharge compliance certificate
prior to any renewal event. Upon making an application for a discharge
compliance certificate, the Building Inspector or his designee shall
have the right to inspect the property. If the plumber's inspection,
the video required to be submitted, or the inspection by the Building
Inspector or his designee indicates the lateral is not in compliance
with the requirements set forth in § 285-14 above, the owner
shall be required to correct the conditions not meeting the requirements
and provide a plumber's certification and video indicating all conditions
have been corrected and that the lateral is now in compliance with
this article. Upon the Building Inspector's determination that the
lateral is in compliance, the discharge compliance certificate will
be issued.
B.
If at the time of a renewal event or a required inspection the owner
can prove that a discharge compliance certificate has been issued
within the preceding 10 years, and there has been no significant change
in the condition of the property, the Building Inspector may waive
the requirement for a new discharge compliance certificate for that
particular renewal event.
C.
If the renewal event is a transfer of title, and remedial work or
a replacement is required for the issuance of a discharge compliance
certificate, the Building Inspector 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 Building Inspector
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.
The fee for the issuance of a discharge compliance certificate shall be as set forth in Chapter A347, Fees.
Any person, firm, association or corporation which violates
any of the provisions of this article or fails to complete remediation
as required herein shall be guilty of a violation and, upon conviction,
shall be punished by a fine of not more than $500 or imprisonment
for not more than 15 days, or both such fine and imprisonment. Each
day the violation exists shall constitute a separate offense.
