Town of Clarkstown, NY
Rockland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Clarkstown as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction administration — See Ch. 109.
Drainage and watercourses — See Ch. 128.
Plumbing — See Ch. 212.
Streets and sidewalks — See Ch. 250.
Article I Sewerage Requirements

§ 236-1 Definitions.

§ 236-2 Deposit of wastes restricted.

§ 236-3 Discharge into outlets; regulations.

§ 236-4 Use of septic tanks and privies restricted.

§ 236-5 Connection to public sewers required.

§ 236-6 Subdivision requirements.

§ 236-7 Requirements for other developments.

§ 236-8 Requirements do not modify Health Department rules.

§ 236-9 Nonavailability of public sewer.

§ 236-10 Standards for private systems.

§ 236-11 Abandonment of private facilities when public sewer available.

§ 236-12 Permit required for construction of private system.

§ 236-13 Inspection of private systems.

§ 236-14 Owner of private facilities responsible for maintenance.

§ 236-15 Requirements not to conflict with Health Department rules.

§ 236-16 Permit required to work on public sewers.

§ 236-17 Classes of sewer permits.

§ 236-18 Costs of building sewer connection.

§ 236-19 Separate connections.

§ 236-20 Old building sewers.

§ 236-21 Construction standards for building sewers.

§ 236-22 Building sewer installation requirements.

§ 236-23 Responsibility for service and repair of house connections.

§ 236-24 Permit required for certain discharges to sanitary sewers.

§ 236-25 Storm sewers.

§ 236-26 Prohibited discharges to sanitary sewers.

§ 236-27 Grease, oil and sand interceptors.

§ 236-28 Interceptors to be maintained by owner.

§ 236-29 Types of discharges which require approval.

§ 236-30 Maintenance of preliminary treatment facilities.

§ 236-31 Manholes.

§ 236-32 Standard for manholes.

§ 236-33 Special agreements.

§ 236-34 Application for permit to construct private system; fee.

§ 236-35 Application for permit to construct sewers in subdivisions.

§ 236-36 Application for sewer permit; commercial establishments, multiple dwellings.

§ 236-37 Malicious damage.

§ 236-38 Right of entry upon all properties.

§ 236-39 Notice of violation; cessation.

§ 236-40 Penalties for offenses.

§ 236-41 Responsibility for expenses in case of violations.

§ 236-42 Effect on Health Department rules and regulations.

Article II Sewer District Regulations

§ 236-43 Definitions.

§ 236-44 Permit required for sewer work under streets.

§ 236-45 Permit required for work on house sewers.

§ 236-46 Permit required for replacement work.

§ 236-47 Owner's responsibilities.

§ 236-48 Application for certificate of registration; fee.

§ 236-49 Inspection required.

§ 236-50 All premises to be connected.

§ 236-51 Old facilities to be abandoned.

§ 236-52 Sewage drainage onto streets prohibited.

§ 236-53 Separate connections for each building.

§ 236-54 Procedure for laying new house sewers.

§ 236-55 Sizes of house sewers.

§ 236-56 Cleanout fittings.

§ 236-57 Drain traps prohibited.

§ 236-58 House sewer materials.

§ 236-59 Bends.

§ 236-60 Use of existing facilities.

§ 236-61 Exhaust connections.

§ 236-62 Prohibited connections.

§ 236-63 Drainage of certain wastes restricted.

§ 236-64 Control by Director.

§ 236-65 Special considerations.

§ 236-66 Appeals.

§ 236-67 Right of entry for inspection.

§ 236-68 Penalties for offenses.

[Adopted 4-3-1974 by L.L. No. 2-1974 as Art. I of Ch. 83 of the 1974 Code]

§ 236-1 Definitions.

For the purpose of this article, the terms used herein are defined as follows:
BOD (DENOTING "BIOCHEMICAL OXYGEN DEMAND")
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20° C., expressed in parts per million by weight.
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 outside the inner face of the building wall.
BUILDING SEWER or HOUSE CONNECTIONS
The extension from the building drain to the public sanitary sewer or to an existing extension from a public sanitary sewer when available.
[Amended 9-11-1991 by L.L. No. 6-1991; 10-19-2010 by L.L. No. 5-2010]
COMBINED SEWER
A sewer receiving both surface runoff and sewage.
DIRECTOR OF ENVIRONMENTAL CONTROL
The Director of Environmental Control of the Town of Clarkstown, or his authorized deputy, agent or representative.
[Added 9-11-1991 by L.L. No. 6-1991]
DRY HOUSE SEWER
A sewer which has not been connected to a public sewer and consists of a line from the dry public sewer to the interior of the dwelling or building foundation at a point adjacent and readily connectible to the sanitary plumbing of the structure.
GARBAGE
Household, institutional or commercial waste from the preparation, cooking and serving of food, market refuse, waste from handling, storage, sale of produce, meats or seafood, soiled paper, cardboard, cartons; nonrecyclable wood, boxes, excelsior, plastics, rags, cloth, bedding, leather, rubber, glass and any other wastes from households.
[Added 9-11-1991 by L.L. No. 6-1991; amended 10-19-2010 by L.L. No. 5-2010]
INDUSTRIAL WASTES
The liquid wastes from industrial processes as distinct from sanitary sewage.
MAY
Is permissive.
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.
PERSON
Includes an Individual, corporation, partnership, association or any other organized group of persons, or legal successor or representative of any of the foregoing.
[Amended 9-11-1991 by L.L. No. 6-1991]
PH
The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
PROPERLY SHREDDED GARBAGE
The wastes from the preparation, cooking and dispensing of food that have been shredded to such 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 in any dimension.
PUBLIC SEWER
A sewer in which all owners of abutting properties have equal rights and which is controlled by public authority.
SANITARY SEWER
A pipe or conduit for carrying sewage and to which stormwater, surface water and groundwater are not intentionally admitted.
[Added 10-19-2010 by L.L. No. 5-2010]
SEWAGE
A combination of the water carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground-, surface and storm waters as may be present.
SEWAGE TREATMENT PLANT
Any arrangement of devices and structures used for treating sewage.
SEWAGE WORKS
All facilities for collecting, pumping, treating and disposing of sewage.
SEWER
A pipe or conduit for carrying sewage and to which storm-, surface and ground waters are not intentionally admitted.
SHALL
Is mandatory.
STORM SEWER OR STORM DRAIN
A sewer which carries storm- and surface waters and drainage but excludes sewage and polluted industrial wastes.
SUBDIVISION
The division of any parcel of land into two or more lots, plots, sites or other divisions of land, with or without new streets, for the purpose, whether immediate or future, of transfer of ownership or building development, and shall include resubdivision; except that the term "subdivision" shall not be deemed to include the division of any parcel of land into two lots, sites or other divisions of land for the purpose, whether immediate or future, of transfer of ownership or building development where no new streets are created and where such parcel of land is not capable of further division pursuant to the then existing Building and Zoning Ordinance of the Town of Clarkstown, as amended.[1]
SUSPENDED SOLIDS
Solids that either float on the surface of or are in suspension in water, sewage or other liquids and which are removable by laboratory filtering.
WATERCOURSE
A channel in which a flow of water occurs, either continuously or intermittently.
[1]
Editor's Note: The definition of "Superintendent," which immediately followed this definition, was deleted 9-11-1991 by L.L. No. 6-1991.

§ 236-2 Deposit of wastes restricted.

It shall be unlawful for any person to place, deposit or permit to be deposited in an insanitary manner upon public or private property within the Town of Clarkstown or in any area under the jurisdiction of said Town any human or animal excrement, garbage or other objectionable waste.

§ 236-3 Discharge into outlets; regulations.

It shall be unlawful to discharge to any natural outlet within the Town of Clarkstown or in any area under the jurisdiction of said Town any sanitary sewage, industrial wastes or other polluted waters except where suitable treatment has been provided in accordance with subsequent provisions of this article, Public Health Law and regulations of the New York State Department of Health and the Rockland County Health Department.

§ 236-4 Use of septic tanks and privies restricted.

Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage.

§ 236-5 Connection to public sewers required.

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 sewer of the Town, is hereby required at his 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 the date of official notice to do so, provided that said public sewer is within 150 feet of the property line.

§ 236-6 Subdivision requirements.

[Amended 10-19-2010 by L.L. No. 5-2010]
The owners of property being developed as a subdivision shall construct such sewers and such dry house sewers and appurtenances thereto as are shown on the map or plat and the plans, profiles and designed drawings accompanying said plat approved by the Rockland County Health Department and filed in the office of the Planning Board of the Town of Clarkstown. Such sewers and dry house sewers shall be constructed in accordance with the specifications contained in or referred to in the rules and regulations of said Planning Board, the Rockland County Health Department, the requirements and specifications of the Director of the Department of Environmental Control of the Town of Clarkstown and the plans, drawings and design as approved by said Director.

§ 236-7 Requirements for other developments.

[Amended 10-19-2010 by L.L. No. 5-2010]
The owner of property being developed into multiple dwellings, commercial installations, industrial sites, public gathering places, schools and offices shall construct such building drain and building sewer and dry house sewer as shown on a map or plat approved by the Rockland County Health Department and conforming to the requirements and specifications of the Town of Clarkstown.

§ 236-8 Requirements do not modify Health Department rules.

No portion of this article shall be construed to interfere with or modify the requirements of design, inspection and approval which are imposed by the appropriate health officials and State and County Health Departments.

§ 236-9 Nonavailability of public sewer.

Where a public sanitary sewer is not available under the provisions of § 236-5, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this article.

§ 236-10 Standards for private systems.

The type, capacities, locations and layout of a private sewage disposal system shall comply with all requirements of the Rockland County Health Department.

§ 236-11 Abandonment of private facilities when public sewer available.

At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in § 236-5, a direct connection shall be made to the public sewer in compliance with this article, and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned and filled with suitable material.

§ 236-12 Permit required for construction of private system.

Before commencement of construction of a private sewage disposal system, the owner shall first obtain the written approval of the Rockland County Health Department and a permit issued by the Superintendent or his designated representative. See §§ 236-34 through 236-36 of this article for application and permit fees.

§ 236-13 Inspection of private systems.

[Amended 10-19-2010 by L.L. No. 5-2010]
A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Director of the Department of Environmental Control or his designee. He shall be allowed to inspect the work at any stage of construction, and, in any event, the applicant for the permit shall notify the Director when the work is ready for final inspection and before any underground portions are covered. The inspection shall be made within 48 hours of the receipt of notice by the Director. This section shall not be applicable where the design and inspection is controlled by the requirements of the Rockland County Health Department.

§ 236-14 Owner of private facilities responsible for maintenance.

The owners shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the Town.

§ 236-15 Requirements not to conflict with Health Department rules.

No statement contained in this article shall be construed to interfere or conflict with any additional requirements that are imposed by the Rockland County Health Department.

§ 236-16 Permit required to work on public sewers.

[Amended 10-19-2010 by L.L. No. 5-2010]
No person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereto without first obtaining a written permit from the Director or his designee in accordance with the regulations as established by the Town of Clarkstown.

§ 236-17 Classes of sewer permits.

[Amended 10-19-2010 by L.L. No. 5-2010]
There shall be two classes of sewer permits: for residential and for service to establishments producing commercial and industrial wastes. In either case, 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 or his designee. See §§ 236-34 through 236-36 for application and permit fees.

§ 236-18 Costs of building sewer connection.

All costs and expense incident 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 be occasioned by the installation of the building sewer.

§ 236-19 Separate connections.

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 building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.

§ 236-20 Old building sewers.

[Amended 10-19-2010 by L.L. No. 5-2010]
Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Director or his designee, to meet all requirements of this article.

§ 236-21 Construction standards for building sewers.

[Amended 10-19-2010 by L.L. No. 5-2010]
The building sewer shall be constructed in accordance with the applicable portions of the requirements and specifications of the Town of Clarkstown.

§ 236-22 Building sewer installation requirements.

[Amended 10-19-2010 by L.L. No. 5-2010]
All excavations for building sewer installation 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. All necessary permits for the opening of Town, county and state roads shall be obtained from the proper authorities in advance of the issuance of any sewer permit.

§ 236-23 Responsibility for service and repair of house connections.

[Amended 10-19-2010 by L.L. No. 5-2010]
House connections shall be serviced and repaired by the owner of the property being served, to the right-of-way line. Service and repairs of house connections within the public rights-of-way shall be the responsibility of the collection district. Evidence of willful damage to house connections being serviced by the collection district shall be considered a violation of §§ 236-16 and 236-37 of this article.

§ 236-24 Permit required for certain discharges to sanitary sewers.

[Amended 10-19-2010 by L.L. No. 5-2010]
No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, cooling water or unpolluted industrial process waters to any sanitary sewer without the written approval of the Director.

§ 236-25 Storm sewers.

[Amended 10-19-2010 by L.L. No. 5-2010]
Stormwater and all other unpolluted drainage shall be discharged to such storm sewers as are specifically designated as storm drains, or to a natural outlet approved by the Director. Industrial cooling water or unpolluted process waters may be discharged, upon approval of the Director, to a storm sewer, storm drain or natural outlet.

§ 236-26 Prohibited discharges to sanitary sewers.

[Amended 10-19-2010 by L.L. No. 5-2010]
Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer:
A. 
Any liquid or vapor having a temperature higher than 150° F.
B. 
Any water or waste which may contain more than 100 parts per million, by weight, of fats, oil or grease.
C. 
Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas.
D. 
Any garbage that has not been properly shredded.
E. 
Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure or any other solid or viscous substances capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works.
F. 
Any waters or wastes having a pH lower than 5.5 or higher than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works.
G. 
Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals or create any hazard in the receiving wastes of the sewage treatment plant.
H. 
Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant.
I. 
Any noxious or malodorous gas or substance capable of creating a public nuisance.

§ 236-27 Grease, oil and sand interceptors.

A. 
Grease, oil and sand interceptors of adequate capacity shall be provided when, in the opinion of the Director, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand and 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 and shall be located as to be readily and easily accessible for cleaning and inspection.
[Amended 10-19-2010 by L.L. No. 5-2010]
B. 
Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight and equipped with easily removable covers which, when bolted in place, shall be gastight and watertight.

§ 236-28 Interceptors to be maintained by owner.

[Amended 10-19-2010 by L.L. No. 5-2010]
Where installed, all grease, oil and sand interceptors shall be maintained by the owner at his expense in continuously efficient operation at all times with proper written records of such maintenance available for inspection upon demand.

§ 236-29 Types of discharges which require approval.

[Amended 10-19-2010 by L.L. No. 5-2010]
A. 
The admission into the public sewers of any waters or wastes having a five-day biochemical oxygen demand greater than 300 parts per million by weight, or containing more than 350 parts per million by weight of suspended solids, or containing any quantity of substances having the characteristics described in § 236-26 or having an average daily flow greater than 10,000 gallons per day shall be subject to the review and approval of the Director.
B. 
Where necessary, in the opinion of the Director, the owner shall provide, at his expense, such preliminary treatment as may be necessary to reduce the biochemical oxygen demand to 300 parts per million and the suspended solids to 350 parts per million by weight, or reduce objectionable characteristics or constituents to within the maximum limits which are provided for in § 236-26 or control the quantities and rates of discharge of such waters or wastes. Plans, specifications and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the Director, the Rockland County Sewer District No. 1 and the New York State Department of Health, and no construction of such facilities shall be commenced until said approvals are obtained in writing.

§ 236-30 Maintenance of preliminary treatment facilities.

Where preliminary treatment facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.

§ 236-31 Manholes.

[Amended 10-19-2010 by L.L. No. 5-2010]
When required by the Director, the owner of any property served by a building sewer carrying industrial wastes shall install a suitable control manhole in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the Director. The manhole 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.

§ 236-32 Standard for manholes.

All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in §§ 236-26 and 236-29 shall be determined in accordance with Standard Methods for the Examination of Water and Sewage and shall be determined at the control manhole provided for in § 236-31 or upon suitable samples taken at said control manhole. In the event that no manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected.

§ 236-33 Special agreements.

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, subject to payment therefor by the industrial concern.

§ 236-34 Application for permit to construct private system; fee.

[Amended 9-11-1991 by L.L. No. 6-1991; 10-19-2010 by L.L. No. 5-2010]
A. 
An application for a permit to construct a private sewage disposal system shall be made on forms available from the Department of Environmental Control. At the time the application is filed with the Department, it shall be accompanied by such plans, specifications or other information as required in the application and any supplemental information required by the Director.
B. 
A fee, as adopted and amended from time to time by resolution of the Town Board, shall be submitted with the application to cover the cost of the permit and field inspection of construction, where required.

§ 236-35 Application for permit to construct sewers in subdivisions.

[Amended 1-21-1976 by L.L. No. 1-1976; 9-11-1991 by L.L. No. 6-1991; 10-19-2010 by L.L. No. 5-2010]
A. 
The builder of a subdivision for one-family residential purposes, requiring sewers and dry house sewers and other appurtenances in accordance with § 236-6 of this article, shall submit an application to the Director for a permit of such construction. This application shall be accompanied by such plans, specifications and other information as required by the application and any supplemental information required by the Director.
B. 
An inspection fee shall be established in accordance with the site plan and subdivision regulations of the Town of Clarkstown.

§ 236-36 Application for sewer permit; commercial establishments, multiple dwellings.

[Amended 9-11-1991 by L.L. No. 6-1991; 10-19-2010 by L.L. No. 5-2010]
An application shall be made for a permit to construct a sewage disposal system for commercial establishments on forms available from the Department of Environmental Control. At the time the application is filed with the Director, it shall be accompanied by such plans, specifications or other information as required in the application and any supplemental information required by the Director.

§ 236-37 Malicious damage.

[Amended 9-11-1991 by L.L. No. 6-1991]
No unauthorized 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 municipal sewage works. Any person violating this provision shall be subject to immediate arrest under charges of disorderly conduct. Any person violating this provision shall be subject to the penalties set forth in the Penal Law.

§ 236-38 Right of entry upon all properties.

[Amended 10-19-2010 by L.L. No. 5-2010]
The Director and other duly authorized employees of the Town bearing proper credentials and identification shall be permitted to enter upon all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this article.

§ 236-39 Notice of violation; cessation.

Any persons found to be violating any provision of this article except § 236-37 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.

§ 236-40 Penalties for offenses.

[Amended 4-28-1976 by L.L. No. 3-1976; 10-19-2010 by L.L. No. 5-2010; 4-9-2013 by L.L. No. 2-2013]
Any person found guilty of a violation of this chapter shall be punished by a fine up to $1,000. Any person found guilty of a second offense of any provision of this chapter within 18 months of the date of the first conviction shall be punished by a fine of not less than $2,500 and not more than $5,000. Any person found guilty of a third offense of any provision of this chapter within 18 months of the date of the second conviction shall be punished by a fine of not less than $5,000 and not more than $7,500.

§ 236-41 Responsibility for expenses in case of violations.

Any person violating any of the provisions of this article shall become liable to the Town for any expenses, loss or damage occasioned the Town by reason of such violation.

§ 236-42 Effect on Health Department rules and regulations.

It is not intended by this article to repeal by implication any existing or future rules or regulations of the Rockland County Health Department it being intended that such rules or regulations shall supersede the within Article.[1]
[1]
Editor's Note: Former Art. II, Sewage Disposal, adopted 5-8-1953, as amended, which immediately followed this article, was repealed 9-11-1991 by L.L. No. 6-1991.
[Adopted 4-3-1974 by L.L. No. 2-1974 as Art. III of Ch. 83 of the 1974 Code]

§ 236-43 Definitions.

For the purpose of this article, the terms used herein are defined as follows:
BOARD
The Town Board of the Town of Clarkstown, County of Rockland, New York.
DIRECTOR
The Director of the Department of Environmental Control, appointed by the Town Board of the Town of Clarkstown, County of Rockland, New York, to be in charge of the sewage system in the sewer district.
[Added 10-19-2010 by L.L. No. 5-2010[1]]
DISTRICT
All sewer districts of the Town presently existing or hereinafter constituted.
HOUSE SEWER
All pipes and appurtenances necessary to connect a building with the system, and it shall begin at the inside face of the foundation wall or at an equivalent place and it shall end at the connection to the system. Two or more rules and regulations may apply to different parts of the "house sewer."
SYSTEM
All sewers, sewer lines and appurtenances to the sewer improvement in said district.
TOWN
The Town of Clarkstown, County of Rockland, New York.
[1]
Editor's Note: This local law also repealed the former definition of "Superintendent."

§ 236-44 Permit required for sewer work under streets.

Any person, firm or corporation desiring to lay, relay or repair sewer pipe or connections or any appurtenance thereto in or below the surface of any private or public highway, road, street or avenue within the district, to connect with any part of the system, shall, prior to the commencement of any work, apply for and obtain the necessary authority in the manner hereinafter provided, and all charges, fees or rates shall be due and payable in advance to the Town and, when so paid, shall be credited to the operation and maintenance fund of the district. Such permit shall not create any vested right in or under such private or public highway, road, street or avenue, and such permit will be issued upon the express condition that the Board may, at any time, revoke and annul the same if it is deemed for the best interests of the district and Town.

§ 236-45 Permit required for work on house sewers.

[Amended 10-19-2010 by L.L. No. 5-2010]
An owner or his agent, before commencing any work or excavation for a house sewer or connection to the sewer or before making any alterations or additions to existing house sewers or connections which may be or are proposed to be connected to the system, shall file with the Director a written application for a permit, signed by him or his agent, on the form provided by the Department of Environmental Control. Said application shall be accompanied by a complete description of the proposed work, together with a plan or sketch thereof showing, in detail, the location of the proposed connection and such other pertinent facts as the Director may request. No work shall be done and no connection shall be made until the application has been approved and permission given by the Director or his designee. No connection to the system shall be made except under inspection of the Director or his designee and not before public notice is given that the system is in readiness for use and a permit has been issued.

§ 236-46 Permit required for replacement work.

[Amended 12-23-1980; 10-19-2010 by L.L. No. 5-2010]
One permit shall be issued to cover the excavation and construction of the house sewer and/or to disconnect the existing house drain or sewer pipe from the cesspool or septic tank and then to connect it to the newly laid house sewer discharging into the street sewer, the fee for which shall be per sewer unit as set by the Town Board in its fee schedule as adopted and amended from time to time. If no permit is issued within 30 days, the fee shall be returned to the applicant, together with one copy of the filed application with the reasons for rejection noted thereon and signed by the Director or his designee.

§ 236-47 Owner's responsibilities.

A. 
All house sewer construction, including that portion between the main and the right-of-way line (which shall be of six-inch pipe unless the Director or his designee shall direct that a larger size shall be used), shall be done by the owner at his own cost and expense. The district shall charge a fee as set by the Town Board for making the physical connection between the house sewer and the main whenever no Y-branch is available. The owner shall furnish all materials required for this connection.
[Amended 12-23-1980; 10-19-2010 by L.L. No. 5-2010]
B. 
It shall be the responsibility of the owner to procure any necessary permits for the street openings and to replace the street surface in a condition satisfactory to the highway department having jurisdiction. All construction shall be under the supervision of the Director or his designee. Where the existing sewer main is not located in a public street, the person desiring to connect with such sewer main shall relocate said main in the nearest public street in accordance with specification of the Town of Clarkstown.
[Amended 10-19-2010 by L.L. No. 5-2010]
C. 
Any person, firm or corporation, except when he or it is proceeding under contract with the Town and/or district, shall be registered with the Board in a manner hereinafter provided.

§ 236-48 Application for certificate of registration; fee.

A. 
All applications for certificates of registration to construct any house sewer or do any work indicated to any connection to said system shall be made, in writing, to the Director, and all certificates of registration shall be granted by the Town Board. The fee for such certificate of registration shall be set by the Town Board. An applicant, before receiving such certificate, shall furnish to the Board proof satisfactory to it:
[Amended 9-11-1991 by L.L. No. 6-1991; 10-19-2010 by L.L. No. 5-2010]
(1) 
That said applicant is qualified to do such work in a good, workmanlike manner.
(2) 
That said application is accompanied by bond with sureties acceptable to the Board, in the sum of not less than $10,000, guaranteeing that:
(a) 
The applicant shall duly and faithfully perform said work in all respects.
(b) 
Said applicant shall comply in all respects with all rules and regulations established by the Town.
(c) 
Said applicant will indemnify the Town for all loss or damage that may result from his work.
(d) 
Said applicant will receive a permit from the Town before commencing any work or excavation.
(e) 
In the event that the applicant has been deemed to have violated this article or any rule or regulations, upon notice thereof, said applicant will forthwith, at his own expense, cure said violation, and in the event of his failure to do so within a reasonable time thereafter, said violation may be cured by the Town, and any expense incidental thereto will be paid by the applicant.
(f) 
The applicant, in order to establish that he is qualified to do such work in a good, workmanlike manner as required by Subsection A(1) hereto, shall be required to complete, under the supervision of the Director of Environmental Control or his designee, a practical demonstration and installation of a sewer hookup. Any certificate granted hereunder shall be issued subject to such satisfactory demonstration and installation under the supervision of the Director or his designee. For purposes of such demonstration of ability, the first sewer hookup accomplished by the applicant may be utilized to fulfill this requirement. However, nothing contained herein shall abrogate the requirement for inspection of each and every installation as hereinafter contained.
B. 
The applicant shall provide the Department of Environmental Control evidence, in the form of a certificate of insurance, that a policy of liability insurance is in full force and effect with minimum limits of coverage for bodily injury and property damage (with no exclusion of coverage for collapse, explosion, and underground property damage) equal to $1,000,000 per occurrence, combined single-limit bodily injury and property damage, and $2,000,000 general aggregate and/or products completed, operations aggregate, commercial auto liability insurance covering the use of all owned, nonowned, and hired vehicles with combined bodily injury and property damage limit of at least $1,000,000; along with an umbrella liability policy equal to $1,000,000 each occurrence and $2,000,000 aggregate. The umbrella must be excess over the general liability, automobile and employers' liability. The general and umbrella policies must name the Town of Clarkstown as an additional insured on a primary and noncontributory basis. Each applicant shall also file with the Sanitation Commission evidence, in the form of a certificate of insurance, that the statutory workers' compensation and disability insurance has been obtained by the licensee for all employees engaged in the sewer work in the Town of Clarkstown. The form of said certificates of insurance shall be as approved by the Town Attorney.
[Amended 12-7-1977; 12-23-1980; 9-11-1991 by L.L. No. 6-1991; 8-15-2017 by L.L. No. 8-2017]
C. 
All materials used in conforming to this article will be of the best quality, and all work will be executed by skilled workers in a thorough, workmanlike manner.
D. 
Upon receiving said certificate from the Board, the applicant shall furnish the Director a certificate of issuance, signed by the Town Clerk. Said certificate of registration may be canceled and annulled by the Board for cause, after a public hearing thereon, but such certificate of registration shall be automatically canceled and annulled upon the expiration of either the bond or the insurances required for such certificate of registration. The owner of such canceled certificate shall not thereafter be registered for a period of two years after the date of the cancellation of said certificate. Said certificate of registration shall expire on the 31st day of December in each year succeeding the date of its initial issuance. All applications for renewals of said certificates shall be filed between the 15th day of November and the 30th day of November next preceding the date of expiration, and such renewal certificates shall become effective on the first day of January thereafter.
[Amended 10-19-2010 by L.L. No. 5-2010]
E. 
Nothing herein contained shall prevent any owner from constructing the connection and/or furnishing the material from the house drain to the property line, and any owner doing such work on his private property need not, unless required by any other law, obtain a certificate of registration nor furnish any bond, public liability insurance nor any workers' compensation insurance, but he shall otherwise comply with this article. The owner shall comply with this article concerning any work and materials necessary for the connection outside the property line, and such work shall be performed under a certificate of registration.

§ 236-49 Inspection required.

[Amended 10-19-2010 by L.L. No. 5-2010]
No trench shall be backfilled nor shall any portion of the pipe or fittings be covered until inspected and approved by the Director or his designee. Requests for inspection shall be made 48 hours prior to connection to the sanitary sewer system.

§ 236-50 All premises to be connected.

All buildings or premises within the district shall be connected with said system.

§ 236-51 Old facilities to be abandoned.

[Amended 10-19-2010 by L.L. No. 5-2010]
If and when a sewer connection is completed and approved for any property upon which buildings are located, existing waste disposal facilities, including privy vaults, cesspools, septic tanks or similar facilities, shall immediately be disconnected so as not to drain into the street sewers, and they shall be abandoned within 30 days after final inspection and approval of the sewer by the Director or his designee.

§ 236-52 Sewage drainage onto streets prohibited.

If shall be unlawful for any person, firm or corporation to cause, allow or permit the discharge of sewage wastes from any building or buildings or premises within the sewer district into or upon any highway, private or public way, stream, watercourse, ditch, either surface or subsurface groundwater drain or stormwater drain.

§ 236-53 Separate connections for each building.

Each building shall have a separate and independent connection with the district sewer directly in front of the land upon which it is situated, except as otherwise permitted. When a building is situated in the rear of another building, both buildings may be connected into a single house sewer, provided that both are on the same plot and in the same ownership. If the buildings are in separate ownership, no such connection will be permitted unless evidence of an agreement between the two property owners is filed with the application.

§ 236-54 Procedure for laying new house sewers.

[Amended 10-19-2010 by L.L. No. 5-2010]
Before laying a new house sewer, the bottom of the trench must be adequately compacted to prevent settlement of the sewer in accordance with the Town of Clarkstown house connection details. After the pipe is laid, the earth used for filling the trench must be replaced in layers, each layer being well tamped. Tunneling is prohibited unless written permission has been obtained from the Director. In any case where the house sewer passes through filled ground which is liable to settle, cast-iron, ductile or steel pipe or other special precautions may be required by the Director or his designee.

§ 236-55 Sizes of house sewers.

[Amended 10-19-2010 by L.L. No. 5-2010]
A house sewer shall have a slope of not less than 1/4 inch in one-foot length, unless special written permission is granted by the Superintendent. The size of such sewer shall not be less than is shown in the following table, based upon the number of fixture units in a building or buildings, nor shall it be larger than the maximum size allowed in the table for the size of the street sewer in question, but in no case shall any house sewer be less than four inches in diameter. In special cases, the Director may require a house sewer larger than the size given in the table.
Drain or House Sewer
(inches)
Number of Water Closets
Total Fixture Units
4
4
48
6
50
400
8
120
1,000
Number of Fixture Units for Different Fixtures
Wash basin
1
Sink
1.5
Bathtub
2
Laundry tra
3
Sink and laundry combination
3
Shower bath
3
Urinal
3
Slop sink
4
Water closet
6
NOTE: The number of equivalent fixture units for a fixture or other water-connected device not listed shall be estimated by the Director.
Maximum Sizes of House Sewer Connection
Lateral Sewer
(inches)
House Sewer
(inches)
8
6
10
6
12 or over
8

§ 236-56 Cleanout fittings.

[Amended 10-19-2010 by L.L. No. 5-2010]
In each house drain constructed subsequent to the adoption of this article, at a point just inside of the cellar wall, a four-inch standard cleanout fitting with screw ferrules shall be provided. The lowest part of the screw ferrule shall be placed at a point not less than 12 inches above the cellar floor or the highest portion thereof if at different elevations. Cleanouts shall also be required at the right-of-way line of the road or travel way and at one-hundred-foot intervals for longer sewer installations.

§ 236-57 Drain traps prohibited.

No running or house trap shall be allowed to remain in any house drain or house sewer if the same is to be connected to the sewer system.

§ 236-58 House sewer materials.

[Amended 10-19-2010 by L.L. No. 5-2010[1]]
House sewer materials shall be in accordance with the Town of Clarkstown house connection details.
[1]
Editor's Note: This local law also repealed former § 236-58, Use of cast-iron pipes.

§ 236-59 Bends.

[Amended 10-19-2010 by L.L. No. 5-2010[1]]
At all bends in house sewers, a Y or cleanout fitting shall be inserted in the house sewer with a Y-branch carried to the surface of the ground and terminated at said surface with a screw cap provided for access. On any house sewer, cleanouts shall be provided where required by the Director or his designee because of special conditions such as length, alignment or character of ground. Where the size of the house sewer exceeds six inches in diameter, manholes built according to equal specifications for the district sewers, or better, at every change in direction and at distances not exceeding 300 feet, may be substituted for the cleanouts.
[1]
Editor's Note: This local law also renumbered former §§ 236-63 and 236-64 as §§ 236-59 and 236-60.

§ 236-60 Use of existing facilities.

[Amended 10-19-2010 by L.L. No. 5-2010[1]]
An existing house sewer to a cesspool or septic tank may be utilized, provided that a cleanout is constructed at a joint just inside the property line and that the owner of the property agrees, in writing, that, if and when excessive infiltration of groundwater or surface water is found to occur, he will, on written notice from the Director or his designee, reconstruct the defective section to conform to this article within 30 days after the receipt of such notice, weather conditions permitting.
[1]
Editor's Note: This local law also repealed former § 236-60, Vitimized fiber pipe.

§ 236-61 Exhaust connections.

[Amended 10-19-2010 by L.L. No. 5-2010[1]]
No blowoff or drip or steam exhaust from any boiler or pipe system connected thereto shall be directly connected with the house drain or the house sewer. Such connections may be permitted with the written approval of the Director if provision is made for the discharge of steam or hot water into a suitable storage tank or steam condenser provided with proper mechanisms for gradually releasing the hot water into the house sewer.
[1]
Editor's Note: This local law also repealed former § 236-61, Joints.

§ 236-62 Prohibited connections. [1]

Cellar drains in or below the cellar floor to remove groundwater, drains from areaways, courts and the like, roof leaders, or the discharge pipe from any pump or other similar mechanical device arranged to care for such ground- or surface water or clear unpolluted water for cooling purposes for refrigeration equipment shall not be connected directly or indirectly with the house sewer. When inspections indicate that water from such sources is being discharged into the house sewer, either directly or indirectly, through leaks in the house sewer or in any other manner, such discharge shall constitute a violation of this article and shall be cause for recovery and revocation of any permit previously granted to connect with the sewer under the terms of this article unless the necessary corrections are made within 30 days from the date of written notice given to the owner of the premises or his agent. Such notice shall be deemed sufficient if sent to the owner by mail, addressed to him at the address shown on the latest completed assessment rolls of the Town, or if mailed to the agent of said owner.
[1]
Editor's Note: Former § 236-62, Vitrified pipe specifications, was repealed 10-19-2010 by L.L. No. 5-2010. This local law also renumbered former §§ 236-67 through 236-69 as §§ 236-62 through 236-64.

§ 236-63 Drainage of certain wastes restricted.

[Amended 10-19-2010 by L.L. No. 5-2010]
No industrial or trade wastes containing more organic matter or having a strength greater than domestic sanitary sewage, chemicals, acids or corrosive agents, animal, vegetable or mineral oils or grease, petroleum products, including, among others, gasoline, naphtha or any volatile or explosive material, or any foreign material, liquid or solid, either in concentrated form or diluted with water, which trade wastes or other materials may detrimentally affect the sewer or the operation of the sewage treatment plant, shall be discharged directly or indirectly into the house drain, the house sewer or the sewer.

§ 236-64 Control by Director.

[Amended 10-19-2010 by L.L. No. 5-2010]
Whenever the Director finds that the materials specified in the previous section are about to find or are finding their way into the sewer system, whether damage has been caused or not, he shall require the owner of the premises in question to submit application for a special permit, for transmittal with his comments to the Town Board for whatever action the Town Board deems wise. Said application shall be supplemented by a written report giving complete and specific information as to any treatment facilities to be installed on the premises and the provisions to be made to prevent entrance of any materials not capable of removal by treatment processes. This report shall show the time to be allowed for such installation and the penalties to be imposed in case of failure to comply therewith. Said application shall be accompanied by a fee in advance to cover the costs of the necessary inspection; if treatment facilities are proposed, said fee shall be based on an annual period or fractional portion thereof.[1]
[1]
Editor's Note: Former § 236-70, Treatment plant fees, and § 236-71, Exceptions, were repealed 10-19-2010 by L.L. No. 5-2010.

§ 236-65 Special considerations.

[Amended 10-19-2010 by L.L. No. 5-2010[1]]
Where, due to special or unusual conditions, a house sewer connection cannot be constructed within the provisions of this article, or where such article does not exactly apply, the Director shall, upon the receipt of an application for a house sewer connection under such conditions, submit a report and recommendation explaining all details of the case to the Town Board for its decision. Notice thereof shall be given to the applicant, who shall have the right to appear before the Town Board, and consideration shall be given to the requests of the applicant.
[1]
Editor's Note: This local law also renumbered former §§ 263-72 through 236-75 as §§ 236-65 through 236-68.

§ 236-66 Appeals.

[Amended 10-19-2010 by L.L. No. 5-2010]
Nothing in this article shall prevent an owner or his agent from appealing to the Town Board, on written notice to the Director, from any requirement or decision which, in the opinion of the owner or his agent, is unfair to him or imposes upon him an unusual hardship.

§ 236-67 Right of entry for inspection.

[Amended 10-19-2010 by L.L. No. 5-2010]
The Director or his designee shall, in the discharge of his duties and the enforcement of these regulations and for the purpose of inspection and reinspection, have the right to enter at a reasonable time upon the properties and the buildings located in the district for the purpose of determining whether sewer or drain construction on such premises is in accordance with the requirements of this article.

§ 236-68 Penalties for offenses.

[Amended 4-28-1976 by L.L. No. 3-1976; 12-23-1980; 9-11-1991 by L.L. No. 6-1991; 10-19-2010 by L.L. No. 5-2010]
A. 
Any person committing an offense against any provision of this article shall be guilty of a violation punishable by a fine of up to $500. The continuation of an offense against the provisions of this article shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
B. 
In addition thereto, an action or proceeding may also be maintained in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of any such provision, notwithstanding that the provision may provide a penalty or punishment for such violation. All moneys recovered hereunder by the Town shall be credited to the operation and maintenance fund of the district. The Town Board may at any time in its discretion stop and prevent the discharge into the system of any substance deemed by it liable to injure the system or any pertinent part thereof or to interfere with the normal operation of the system or any pertinent part thereof, and said Town Board may at any time, without notice and without liability, obligation or recourse, sever the house sewer connection or drain from the system through which said detrimental substances are discharged. Upon proof of the abatement of the detrimental discharge or correction of the cause of such discharge, the Board may cause the disconnected house sewer or drain to be reconnected to the system upon receipt of a fee as determined by the Director to cover the cost of such reconnection.