[Adopted 3-12-2013 by L.L. No. 5-2013]
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:
CLEAN WATER ACT
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) and any subsequent amendments thereto.
SANITARY SEWAGE
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.
SANITARY SEWER
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.
SEWAGE
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.
SEWAGE SYSTEM
All facilities for collecting, regulating, pumping and transporting
sewage to and away from the POTW treatment plant.
STORMWATER
Any surface flow, runoff, and/or subsurface drainage consisting
entirely of water from any form of natural precipitation and resulting
from such precipitation.
STORMWATER SYSTEM
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.
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.
[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:
CLEANOUT
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.
COMMON INTEREST DEVELOPMENT
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.
DEMOLITION
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.
DISCHARGE COMPLIANCE CERTIFICATE
A certificate issued by the Village Engineer or duly authorized
designee stating that:
A.
All connections on the property to the sanitary sewer system
comply with the New York State Building Code and the Village Code;
B.
There are no non-sanitary sewer connections;
C.
The sewer laterals on the property do not directly or indirectly
allow inflow or infiltration into the Village's public sewer
mains; and
D.
The sewer laterals do not exhibit any sign of exfiltration or leakage and comply with the maintenance standards in §
244-12.
EXFILTRATION
Raw sewage that leaks out of laterals into soil, groundwater
and/or waterways.
INFILTRATION
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.
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.
NONSANITARY SEWER CONNECTION
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.
PROPERTY OWNER
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.
QUALIFYING EVENT
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.
SAG
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.
SANITARY SEWER SYSTEM
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.
SEWER LATERAL
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.
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.
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.
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.
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.
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.