[HISTORY: Adopted by the Town Board of the
Town of Clarkstown as indicated in article histories. Amendments noted
where applicable.]
[Adopted 4-3-1974 by L.L. No. 2-1974 as
Art. I of Ch. 83 of the 1974 Code]
For the purpose of this article, the terms used
herein are defined as follows:
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.
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.
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]
A sewer receiving both surface runoff and sewage.
The Director of Engineering and Facilities Management of
the Town of Clarkstown, or his authorized deputy, agent or representative.
[Added 9-11-1991 by L.L. No. 6-1991; amended 12-13-2018 by L.L. No. 9-2018]
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.
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]
The liquid wastes from industrial processes as distinct from
sanitary sewage.
Is permissive.
Any outlet into a watercourse, pond, ditch, lake or other
body of surface or ground water.
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]
The logarithm of the reciprocal of the weight of hydrogen
ions in grams per liter of solution.
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.
A sewer in which all owners of abutting properties have equal
rights and which is controlled by public authority.
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]
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.
Any arrangement of devices and structures used for treating
sewage.
All facilities for collecting, pumping, treating and disposing
of sewage.
A pipe or conduit for carrying sewage and to which storm-,
surface and ground waters are not intentionally admitted.
Is mandatory.
A sewer which carries storm- and surface waters and drainage
but excludes sewage and polluted industrial wastes.
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]
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.
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.
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.
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.
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.
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.
[Amended 10-19-2010 by L.L. No. 5-2010; 12-13-2018 by L.L. No. 9-2018]
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 Engineering and
Facilities Management of the Town of Clarkstown and the plans, drawings
and design as approved by said Director.
[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.
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.
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.
The type, capacities, locations and layout of
a private sewage disposal system shall comply with all requirements
of the Rockland County Health Department.
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.
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.
[Amended 10-19-2010 by L.L. No. 5-2010; 12-13-2018 by L.L. No. 9-2018]
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 Engineering
and Facilities Management 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.
The owners shall operate and maintain the private
sewage disposal facilities in a sanitary manner at all times, at no
expense to the Town.
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.
[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.
[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.
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.
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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.Â
Any liquid or vapor having a temperature higher than
150° F.
B.Â
Any water or waste which may contain more than 100
parts per million, by weight, of fats, oil or grease.
C.Â
Any gasoline, benzene, naphtha, fuel oil or other
flammable or explosive liquid, solid or gas.
D.Â
Any garbage that has not been properly shredded.
E.Â
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.Â
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.Â
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.Â
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.Â
Any noxious or malodorous gas or substance capable
of creating a public nuisance.
A.Â
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.Â
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.
[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.
[Amended 10-19-2010 by L.L. No. 5-2010]
A.Â
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.Â
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.
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.
[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.
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.
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.
[Amended 9-11-1991 by L.L. No. 6-1991; 10-19-2010 by L.L. No.
5-2010]
A.Â
An application for a permit to construct a private
sewage disposal system shall be made on forms available from the Department
of Engineering and Facilities Management. 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.
[Amended 12-13-2018 by L.L. No. 9-2018]
B.Â
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.
[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.Â
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.Â
An inspection fee shall be established in accordance
with the site plan and subdivision regulations of the Town of Clarkstown.
[Amended 9-11-1991 by L.L. No. 6-1991; 10-19-2010 by L.L. No.
5-2010; 12-13-2018 by L.L. No. 9-2018]
An application shall be made for a permit to construct a sewage
disposal system for commercial establishments on forms available from
the Department of Engineering and Facilities Management. 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.
[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.
[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.
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.
[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.
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.
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]
For the purpose of this article, the terms used
herein are defined as follows:
The Town Board of the Town of Clarkstown, County of Rockland,
New York.
The Director of the Department of Engineering and Facilities
Management, 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.
All sewer districts of the Town presently existing or hereinafter
constituted.
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."
All sewers, sewer lines and appurtenances to the sewer improvement
in said district.
The Town of Clarkstown, County of Rockland, New York.
[1]
Editor's Note: This local law also repealed the former definition
of "Superintendent."
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.
[Amended 10-19-2010 by L.L. No. 5-2010; 12-13-2018 by L.L. No. 9-2018]
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 Engineering and Facilities Management. 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.
[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.
A.Â
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.Â
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.Â
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.
A.Â
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)Â
That said applicant is qualified to do such work in
a good, workmanlike manner.
(2)Â
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)Â
The applicant shall duly and faithfully perform
said work in all respects.
(b)Â
Said applicant shall comply in all respects
with all rules and regulations established by the Town.
(c)Â
Said applicant will indemnify the Town for all
loss or damage that may result from his work.
(d)Â
Said applicant will receive a permit from the
Town before commencing any work or excavation.
(e)Â
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)Â
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 Engineering and Facilities Management 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.
[Amended 12-13-2018 by L.L. No. 9-2018]
B.Â
The applicant shall provide the Department of Engineering and Facilities
Maintenance 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 $2,000,000
each occurrence. All insurance carriers must be authorized to do business
in the State of New York and have a Moody's A rating or higher.
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; 12-13-2018 by L.L. No. 9-2018; 3-26-2019 by L.L. No. 5-2019]
C.Â
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.Â
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.Â
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.
[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.
All buildings or premises within the district
shall be connected with said system.
[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.
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.
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.
[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.
[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
|
[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.
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.
[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.
[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.
[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.
[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.
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.
[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.
[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.
[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.
[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.
[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.
[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.Â
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.Â
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.
