Town of Huntington, NY
Suffolk County
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Table of Contents
Table of Contents
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]
(a) 
Outside the service area of the district.
(b) 
Within the district if the parcel’s design flow rate based on Suffolk County Department of Health Services standards exceeds the allowance established in the Section 201 Wastewater Study.
(2) 
Inadequate or insufficient capacity.
(a) 
Denials. If capacity is inadequate in any sewer which would convey the wastewater, or is insufficient in the POTW treatment plant to treat the wastewater properly, the application shall be denied, subject to other provisions of this section.[1]
[1]
Editor's Note: Former Subsection B(2)(b), Sewer impact fees, which immediately followed this subsection, was repealed 7-10-2007 by L.L. No. 30-2007. See now § 164-9.1, Fees.
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.
(d) 
All such policies shall include the following designated hazards:
[1] 
Premises and operations.
[2] 
Independent contractors.
[3] 
Completed operations and products.
[4] 
Property damage.
[5] 
Explosions, collapse and underground.
[6] 
Personal injury.
(e) 
Comprehensive automobile liability (including nonowned and hired automobiles) having limits of not less than:
[1] 
Bodily injury. Each person: one million ($1,000,000) dollars; each occurrence: one million ($1,000,000) dollars.
[2] 
Property damage. Each occurrence: five hundred thousand ($500,000) dollars.
(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]
[2]
Editor's Note: See § 164-24, Appendix B: Specifications for infiltration and exfiltration tests.
(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:
164 bullet 1.tif
Incorporates workforce housing or affordable housing;
164 bullet 2.tif
Provides for significant economic development in the hamlet of Huntington Station;
164 bullet 3.tif
Donates real property or other tangible benefit to the Town of Huntington;
164 bullet 4.tif
Provides significant environmental benefit to the Town of Huntington;
164 bullet 5.tif
Implements the recommendations of the Town's Comprehensive Plan;
164 bullet 6.tif
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 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.
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]
A. 
Permit classifications. There shall be two (2) classes of street lateral permits:
(1) 
Residential: for service to residential premises (including multiunit residential).
(2) 
Commercial-industrial: for service to commercial establishments and sites producing industrial wastes.
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.