A.
Deposits. It shall be unlawful for any person to deposit
or permit to be deposited, in any unsanitary manner on, or the boundaries
of, any public or private property within the district, or in any
area under the jurisdiction of said district, any human or animal
excrement, garbage or other objectionable waste.
B.
Discharges. It shall be unlawful for any person to
discharge or permit to be discharged to any natural outlet within
the district, to the surface of the ground or in any area under the
jurisdiction of said district, or to discharge in such a manner as
to permit same, any sewage or other polluted waters, except where
suitable treatment has been provided in accordance with subsequent
provisions of this chapter.
C.
Private disposal facilities. It shall be unlawful
for any person to construct or maintain any privy, privy vault, septic
tank, cesspool or other facility intended or used for the disposal
of sewage, except as hereinafter provided.
A.
Requirement. The owner of property, improved or otherwise,
used for human occupancy, employment, recreation or other purposes,
situated within the district and abutting on any street, alley or
right-of-way in which there is now, or may be in the future, located
a public sewer of the district, is hereby required at the owner's
expense to install suitable sanitary facilities therein and to connect
such facilities directly with the proper public sewer in accordance
with the provisions of this chapter within ninety (90) days after
the date of official notice to do so, provided that said public sewer
is one hundred (100) feet [thirty and five-tenths (30.5) meters] of
the property line.
B.
Waiver. If the public sewer line is greater than one
hundred (100) feet [thirty and five-tenths (30.5) meters] from a property
line or the elevation of the property requires the installation of
a pump station to transport the sewage to district lines, the requirement
to connect may be waived if the district determines that it would
cause an undue financial hardship to the property owner.
C.
Exceptional circumstances. Where the building is other
than a single-family residence or where the district determines that
installation of a private sewage disposal system may create a health
hazard and/or contaminate ground- or surface waters, the district
may require connection of the building to the public sewer regardless
of distance or topography.
A.
Requirement. Where a public sewer is not available under the provisions of § 164-4, Connection with public sewer required, the building lateral shall be connected to a private sewage disposal system complying with the provisions of this chapter. Prior to design, preparation of plans and specifications and construction, the owner shall contact the district in writing to advise them of their intent to connect to a private sewage disposal system.
B.
Permit. Before commencement of construction of a private
sewage disposal system, the owner shall first obtain a permit required
by the Suffolk County Department of Health Services. The permit application
shall be made on a form furnished by SCDHS, accompanied by any plans,
specifications and other information deemed necessary, as well as
all permits and inspection fees required by SCDHS.
C.
Inspections. The permit for a private sewage disposal
system shall not become effective until installation is completed
to the satisfaction of SCDHS. The Superintendent, or their designated
representative, shall have the authority to inspect the work at any
stage of construction. The applicant shall notify SCDHS when the work
is ready for inspection and before any underground portions are covered.
D.
Compliance. The type, capacities, location and layout
of a private sewage disposal system shall comply with the rules and
regulations of the New York State Health Department and SCDHS. No
septic tank or cesspool shall be permitted to discharge to any natural
outlet.
E.
Operation. The owner shall operate and maintain the
private wastewater disposal facilities in a manner satisfactory to
the district at all times, at the owner's expense.
F.
Distribution box. Whenever a new private sewage system
is installed within the district, the owner shall install a distribution
box with an invert channel and plug for future connections to public
sewers. Such a distribution box shall be located beyond the building
drain a minimum of fifteen (15) feet from the building. The size and
location of the distribution box shall be subject to approval of SCDHS
and the Superintendent.
G.
Corrective actions. When liquid or liquid-borne effluent
from a private wastewater disposal system enters any watercourse,
ditch, storm sewer or water supply system located in the district
in such a manner, volume and concentration so as to create a hazardous,
offensive or objectionable condition as determined by the Superintendent,
SCDHS or NYSDOH, the owner of the premises upon which such system
is located shall, within ninety (90) days of receipt of written notice
from the Superintendent, repair, rebuild or relocate such wastewater
disposal system for the purpose of eliminating such conditions, in
accordance with the rules and regulations of NYSDOH and SCDHS, at
the owner's expense.
H.
Conversion. At such time as a public sewer becomes available to a property served by a private sewage disposal system as provided in § 164-4, Connection with public sever required, a direct connection shall be made to the public sewer within ninety (90) days, and any septic tanks, cesspools, leaching pools or similar sewage disposal facilities shall be abandoned, cleaned of liquids and sludge, filled and compacted with suitable material, at the property owner's expense, in the presence of the plumbing inspector. Prior to the abandonment of a private sewage disposal system by an industrial user, the property owner shall notify the USEPA, NYSDEC and SCDHS, in order to allow the aforementioned agencies the opportunity to witness the procedure.
I.
Additional requirements. No statement contained in
this article shall be construed to prevent or interfere with any additional
requirements that may be imposed by the district, SCDHS, NYSDOH, NYSDEC
and the Plumbing and/or Building Code of the Town of Huntington.
A.
Design.
(1)
Licensed engineer required. All new, and extensions
to, sanitary sewers owned and operated by the district, or privately
maintained and connected to the district, shall be designed by a professional
engineer licensed in the state, in accordance with the Recommended
Standards for Sewage Works, as adopted by the Great Lakes - Upper
Mississippi River Board of State Sanitary Engineers ("Ten State Standards")
and in strict conformance with all requirements of NYSDEC.
(2)
Internal district improvements. Plans, specifications
and methods of installation for all new, and extensions to, sanitary
sewers lying within the service area of the district shall be submitted
to, and written approval shall be obtained from, the Superintendent
before initiating any construction. The design shall anticipate and
allow for flows from all possible extensions or developments within
the immediate drainage area.
(3)
External district improvements. Plans, specifications
and methods of installation for all new, and extensions to, sanitary
sewers lying outside the service area of the district shall be submitted
to, and written approval shall be obtained from, the Superintendent,
SCDHS and NYSDEC before initiating any construction. The design shall
anticipate and allow for flows from all possible future extensions
or developments within the immediate drainage area.
B.
Capacity determination.
(1)
Capacity analysis. The district shall conduct a capacity
analysis of district facilities prior to approval of any new or extensions
to sanitary sewers for properties lying:
[Amended 7-10-2007 by L.L. No. 30-2007]
C.
Indemnification.
[Amended 6-19-2001 by L.L. No. 10-2001]
(1)
Bond requirements. All licensed plumbers engaged in connecting house laterals with sanitary sewers, performing any work within the right-of-way of any highway, shall file a bond in accordance with the provisions of § 164-11 of this chapter with the Department of Environmental Waste Management for each lateral connection, indemnifying the town against loss, cost, damage or expense sustained or recovered on account of any negligence, act or omission of the applicant, or their agents, arising or resulting directly or indirectly by reason of such permit or consent, or of any act, construction or excavation done, made or permitted under authority of such permit or consent. All bonds shall contain a clause stating that any permits given by the district may be revoked at any time for just cause. In addition, all contractors shall file a bond as required by the provisions of Article I of Chapter 173, governing excavation and construction of streets, sidewalks and curbs.
(2)
Insurance requirements. All such licensed plumbers
shall, before commencing work, file insurance certificates with the
Department of Environmental Waste Management for the following:
(a)
Worker's compensation and employer's liability
and disability benefits insurance, as required by the laws of the
State of New York, covering the licensed plumber and all individuals
within their employ.
(b)
Bodily injury liability insurance having limits
of not less than one million ($1,000,000) dollars for each occurrence.
(c)
Property damage liability insurance having not
less than one million ($1,000,000) dollars for each occurrence for
all damages arising during the life of the contract.
(e)
Comprehensive automobile liability (including
nonowned and hired automobiles) having limits of not less than:
(f)
Business umbrella liability insurance in the
amount of two million ($2,000,000) dollars.
(g)
All insurance policies shall name the town as
certificate holder and as an additional insured and shall provide
for thirty (30) days' advance notice to the town before cancellation
and shall cover all liabilities of the town and be in the form satisfactory
to the town.
D.
Construction.
(1)
Expenses. The property owner, builder or developer
proposing new, and extensions to, sanitary sewers shall pay for the
entire installations, including a proportionate share of the improvements
to the treatment plant, intercepting or trunk sewers, pumping stations,
force mains and all other district expenses incidental thereto.
(2)
Criteria. Each street lateral shall be installed and inspected pursuant § 164-10, Design and construction specifications, requirements and restrictions, and any fees shall be paid by the applicant prior to and, if necessary, during the course of construction. Design and installation of sewers shall be as specified in § 164-10, design and construction specifications, requirements and restrictions.
(3)
Testing. The sewer, as constructed, must pass the infiltration test (or the exfiltration test, with prior approval) required in § 164-10, Design and construction specifications, requirements and restrictions), before any building lateral is connected thereto. Specifications for the infiltration and exfiltration tests are contained in Appendix B.[2]
(4)
Inspections.
(a)
Oversight. The installation of the sewer shall
be subject to periodic inspections by the Superintendent, without
prior notice. The Superintendent shall be notified seven (7) days
in advance of the start of any construction work so that such inspection
frequencies and procedures as may be necessary or required may be
established. Any property owner, builder, developer or person in charge
of the property who fails to notify the Superintendent of the commencement
of construction in a timely fashion shall be guilty of a violation
of this chapter.
[Amended 11-8-2006 by L.L. No. 33-2006]
(b)
Compliance. The Superintendent shall determine
whether the work is proceeding in accordance with the approved plans
and specifications and whether the completed work will conform to
the same. No new sanitary sewers will be accepted by the district
until such construction inspections have been made so as to assure
the district of compliance with this chapter and any amendments or
additions thereto.
(c)
Excavation. The Superintendent or their designees
shall have the authority to require such excavation as necessary to
inspect any installed facilities, if the facilities were covered or
otherwise backfilled before they were inspected, so as to permit inspection
and construction. Any property owner, builder, developer or person
in charge of the property who refuses to consent to the excavation
shall be guilty of a violation of this chapter.
[Amended 11-8-2006 by L.L. No. 33-2006]
E.
Approval and acceptance.
(1)
Internal District improvements. All new, and extensions
to, sanitary sewers constructed at the applicant's expense and lying
within the service area of the district shall, after final approval
and acceptance by the Superintendent, or their designees, become the
property of the district, at the district's sole discretion.
(2)
External district improvements. All new, and extensions
to, sanitary sewers lying outside the service area of the district
shall, after acceptance by the Superintendent, or their designees,
be privately maintained, at the district's sole discretion. Should
the district decide to incorporate the new, and/or extensions to,
sanitary sewers as a part of the district, the following provisions
shall be applicable:
(a)
Responsibility. Said facilities shall thereafter
be operated and maintained by the district.
(b)
Drawings. The incorporation of said sanitary
sewer shall not be accepted by the district until four (4) copies
of record drawings have been filed with, and approved by, the Superintendent.
(c)
Guaranty. Said sewers, after their acceptance
by the district, shall be guaranteed against defects in materials
or workmanship for one (1) year by the applicant. The guaranty shall
be in such form and contain such provision as deemed necessary by
the district, secured by a surety bond or such other security as the
district may approve.
[Added 7-10-2007 by L.L. No. 30-2007; amended 1-10-2012 by L.L. No. 1-2012]
A.
Legislative intent. It is the policy and duty of the
Town Board to give parcels lying within the district and wishing to
connect to district facilities priority over those outside district
boundaries. Applications to connect parcels located outside of district
boundaries to district facilities may only be considered by the Town
Board if, in the Board's discretion, they meet one or more of the
following criteria:
 |
Incorporates workforce housing or affordable
housing;
| |
 |
Provides for significant economic development
in the hamlet of Huntington Station;
| |
 |
Donates real property or other tangible benefit
to the Town of Huntington;
| |
 |
Provides significant environmental benefit to
the Town of Huntington;
| |
 |
Implements the recommendations of the Town's
Comprehensive Plan;
| |
 |
Achieves some other worthwhile goal or benefit
as determined by the Town Board.
|
B.
Application requirements. An original and seven (7)
copies of a verified petition by the property owners shall be filed
in the Department of Environmental Waste Management requesting permission
to connect to district facilities and providing a detailed reason
for the request. A petition shall be accompanied by the following:
(1)
A copy of the latest deed.
(2)
A copy of the latest survey.
(3)
A copy of any covenants and restrictions filed against
the property.
(4)
A plan view drawing, drawn to scale, showing the location
of the current and proposed plumbing and sanitary system connections.
(5)
A plan view drawing, drawn to scale, of the proposed
construction.
(6)
A plan view drawing, drawn to scale, of the current
and proposed grading of the property and MSL elevations.
(7)
Detailed technical specifications of the proposed
connection to the collection system of the district, including design
flow based on Suffolk County Department of Health Services standards.
(8)
Any other plan, survey or document deemed necessary
by the Department or district to properly evaluate the application.
C.
Application fee. An application fee of two hundred
and fifty ($250.) dollars for one and two family residences, and five
hundred ($500.) dollars for all other uses including multi-family
development and mixed use structures shall be payable at the time
a petition is filed. The application fee shall be paid by bank or
certified check or money order and made payable to the Town of Huntington.
D.
If the application meets the criteria established
by the Board for connection to the district, the Department shall
review the application with the assistance of the district engineers
and provide its findings and recommendations to the Board. Such findings
shall include, but shall not be limited to, a statement that one or
more of the Board's criteria for connection has been established;
a statement as to strength and characteristics of the flow proposed
for discharge to the district; and its anticipated impact, if any,
on the capacity of the district and district facilities. The applicant
shall be required to pay for special engineering reports, surveys
and studies, if necessary to determine whether existing sewer lines
can convey the additional flow and there is sufficient capacity to
connect the parcel. In these cases, the applicant shall pay an amount
determined by the Department as sufficient to cover the cost of such
services. These funds shall be placed in a non-interest bearing town
escrow account.
E.
Action by the Board. The Town Board may, but is not
required to, entertain out-of-district applications forwarded by the
Department of Environmental Waste Management as it deems appropriate.
If an application is considered by the Board, it may adopt or reject
the findings and recommendations of the Department in whole or in
part, and may, at its discretion, approve or deny the petition as
the Board deems advisable. The Board may condition its approval as
it deems necessary in the interests of the District. Failure to abide
by a condition or restriction imposed by the Board shall be deemed
a violation of this chapter and cause for revocation of any permit
issued as a result of the approval.
[Amended 7-13-2021 by L.L. No. 35-2021]
F.
Conditions of approval. All approvals by the Board
shall be deemed subject to the further approval of the District Superintendent
as to the nature, scope and method of connecting to district facilities,
and the equipment and materials to be used by the applicant. Town
Board approvals shall also be conditioned on the following, whether
or not specifically referenced in the resolution of the Board:
(1)
The applicant shall execute an agreement establishing
flow limits and agreeing to the terms and conditions established by
the Board. The agreement is subject to the approval of the New York
State Department of Environmental Conservation and Suffolk County
Department of Health Services, and shall be filed in the office of
the Suffolk County Clerk at the applicant's own cost as covenants
and restrictions against the property. Proof of filing, in a form
acceptable to the town attorney, shall be provided by the applicant
before the Superintendent will approve a connection or issue a permit.
(2)
When deemed necessary by the district and at the applicant's
expense, the installation and maintenance of a sampling station to
monitor the strength and characteristics of the wastewater and a permanent
flow meter to measure the volume of sewage from the premises. The
flow meter shall be calibrated annually by the applicant and proof
thereof shall be provided to the district.
(3)
When deemed necessary by the district, discharge monitoring
reports and daily flow readings shall be provided monthly to the district
by the applicant. If discharge monitoring reports reveal the existence
of abnormal sewage, the applicant shall pay an additional monthly
fee, as billed by the district, until no trace of abnormal sewage
is found.
(4)
The placement of funds in a non-interest bearing town
escrow account, in an amount determined by the district, sufficient
to cover the costs of reviewing the sewer connection plans and inspections
during construction by district engineers and consultants.
(5)
The one-time payment of impact fees which shall be
calculated and paid as set forth in this chapter.
(6)
Payment
of an annual user's fee to off-set the cost of processing and treating
the wastewater discharged from the portion of the property located
outside district boundaries. The user’s fee to be included within
a contract to use district facilities shall be in addition to any
other fee established in this chapter or by the district, or by contract,
and shall be incorporated as part of the real property tax bill of
the owner and collected at the same time and in the same manner as
other town levies or may be billed by the District separately, at
the option of the District. The user's fee to be charged to not-for-profits
organized and existing pursuant to the New York State Not-For-Profit
Corporation Law or § 501(c)(3) of the Internal Revenue Code,
and all other residential, industrial, and commercial users for each
year of the agreement shall be calculated by multiplying the most
recent annual assessed valuation of the property by the latest sewer
tax rate plus twenty (20%) percent.
(7)
Payment of the parcel's proportional share of the
cost of upgrading, altering, repairing or installing sewer facilities,
if necessary, to accommodate the applicant's additional flow, including
the cost of all engineering studies, contractors and consultants deemed
necessary by the district.
(8)
Full compliance with the requirements of this chapter,
district regulations and agreement for connection to the district.
G.
Term of approval. An approval to connect to district
facilities shall not exceed a period of forty (40) years in accordance
with Article 5-D of the General Municipal Law and other applicable
laws and regulations, and shall be subject to the ability of the district
to effectively service the needs of district users and properties
lying within the district over those outside of district boundaries.
The Town Board may, at any time before the expiration of the term,
upon due notice, and with or without consent of the property owner
withdraw its approval and terminate the agreement should the flow
capacity of the district be insufficient to meets the needs of the
district.
A.
Licensed plumber required. Permits will be issued
only to those who are plumbers licensed by the Town of Huntington
and who have posted the bonds required by the district. A list of
plumbers currently licensed by the town shall be maintained by the
Superintendent and available to the public upon request.
B.
Permits required. No person shall uncover, make any
connections with or opening into, use, alter or disturb any public
sewer or appurtenance thereof without first obtaining a permit from
the Superintendent. The issuance of a permit for the making of a connection
shall not relieve the permittee or any person presuming to act under
the authority of such permit from obtaining any additional permits
required by law, ordinance or regulation for the opening of streets
or roads, building construction or any other permits.
C.
Highway permits. Where it is necessary to enter upon
or excavate any highway or cut any pavement, sidewalk or curbing,
permission must be obtained from the Superintendent of Highways if
a town highway is involved; from the Suffolk County Department of
Public Works if a Suffolk County highway is involved; and/or the New
York State Department of Transportation if a state highway is involved.
[Amended 7-10-2007 by L.L. No. 30-2007]
B.
Application procedures.
(1)
The owner or their agent shall make application on
a form furnished by the town, which shall be obtained through the
Superintendent's office and the Department of Environmental Waste
Management, and entitled "Resident Commercial and Industrial Sewer
Connection Application."
(2)
The permit application shall be supplemented by any
plans, specifications or other information considered pertinent in
the judgment of the Superintendent.
(3)
The street lateral permit shall be valid for a period
of two (2) years, and an additional one-year extension may be granted
if requested within six (6) months of the street lateral permit expiration
date.
C.
Fees.
[Amended 11-8-2006 by L.L. No. 33-2006]
(1)
Residential laterals. A fee of one hundred fifty ($150)
dollars for each residential and multi-unit residential street lateral
permit and five hundred ($500) dollars for each commercial and/or
industrial street lateral permit shall be paid to the Town of Huntington
at the time the permit application is filed.
(2)
Commercial and industrial laterals. For each commercial
and industrial development, and multi-unit residential developments
served by more than one (1) street lateral, the District Engineer,
in conjunction with the district, will develop a fee schedule for
review of the proposed plans, administration and inspections. The
district shall require establishment of an escrow account with the
funds to be provided by the owner, prior to the District Engineer
commencing work. The escrow account shall cover the cost of the District
Engineer’s review of the owner’s proposed plans, administration
and inspection on behalf of the district.
(3)
Substantial street lateral repair, replacement or
relocation.
(a)
An owner that is undertaking substantial repair,
replacement or relocation of a lateral shall obtain a street lateral
permit as identified in this chapter and shall pay the requisite fees.
(b)
Any owner that proceeds with substantial repair,
replacement or relocation of a street lateral without first obtaining
a street lateral permit shall be guilty of a violation of this chapter.
(4)
An owner shall pay a fee of three hundred fifty ($350)
dollars to the district to conduct a dye test of the owner’s
lateral line.
