[HISTORY: Adopted by the Town Board of the Town of Ossining: Art.
I, 12-18-1962 as Ord. No. 40; Art. II, 11-12-1980
as Ord. No. 103. Amendments noted where applicable.]
GENERAL REFERENCES
Street openings for sewer connections — See Ch.
87, Part
1.
Solid waste disposal — See Ch.
165.
Streams and watercourses — See Ch.
169.
[Adopted 12-18-1962 as Ord. No. 40]
As used in this Article, the following terms shall have the meanings
indicated:
BUILDING CONNECTION
That part of the sewerage system which lies immediately beyond and
outside of the exterior line of the foundation of any building.
PERSON
Any individual, firm, copartnership or corporation.
SEWERAGE SYSTEM
All the sewers and building connections provided for the collection
of sewage outside of the exterior line of the foundations of all buildings
in the unincorporated area of the Town of Ossining, but shall include the
sewer and building connections for buildings located in the Villages of Ossining
and Briarcliff Manor if such sewer and building connections are for buildings
which lie within a sewer district established by the Town Board.
[Amended 11-9-1982 by Ord. No. 110]
No stormwater or surface or underground water from any roof, unpaved
or paved area, yard, court or courtyard shall be discharged through any building
connection to the sanitary sewerage system in the Town of Ossining, New York;
nor shall any clear water from any cooling or air-conditioning system be discharged
through or to any building connection; nor shall any groundwater or stormwater
be conducted to any cellar drain connected to the sanitary sewerage system
in the Town of Ossining, New York.
A. No garbage or refuse, decayed wood, sawdust, shavings,
bark, sand, lime, cinders, ashes, offal, gasoline, oil, tar, dye stuffs, grit,
metal filings, inorganic abrasives or industrial waste in excessive quantity
or without adequate pretreatment, nor toxic, corrosive, flammable or explosive
liquid, vapor or gas, shall be discharged through any building connection
or building connections into the sewerage system in the Town of Ossining,
New York. No industrial or commercial waste shall be discharged through any
building connection without written approval of the Town Engineer of the Town
of Ossining and the Westchester County Department of Health and the Town of
Ossining. However, shredded garbage or refuse resulting from the normal occupancy
of any building and only that of the actual occupants of the building, consisting
of food wastes only, shredded to particles having no dimension greater than
1/2 inch, may be discharged through any building connection with that amount
of water necessary to carry the material freely into the sewerage system.
B. No extension of a sanitary sewer or water system shall
be made in the Town of Ossining unless same is approved by the Town Board.
C. No drain from an automobile washstand or garage floor
shall connect with any house drain, house connection or waste, soil or vent
pipe, except through an approved gasoline and oil separator of ample capacity,
which shall be maintained in proper working order by the owner. All such separators
and their connecting waste pipes shall be vented in an approved manner so
as to prevent the passage into the sewerage system of gasoline, gasoline vapor,
oil and any other volatile fluids.
Any building connection existing at the time of the enactment of this
Article discharging wastes otherwise than in accordance with the regulations
of this Article shall be altered, removed or otherwise modified so as to comply
with these regulations within 90 days following the effective date of this
Article.
On and after the effective date hereof, all water-carried wastes originating
in, or in connection with, any building which, at the time of the adoption
of this Article, has been provided with a building connection into the sewerage
system of the Town of Ossining, New York, or which may hereafter be provided
with such building connection shall be discharged into such building connection
and into the sewerage system under and pursuant to the regulations contained
in this Article.
[Added 9-16-1969 by Ord. No. 72]
Each building connected separately with a public sewer shall have a
house drainpipe no smaller than four inches in diameter. Every house sewer
connected with the public sewer shall be of extra-heavy cast-iron pipe with
deep and wide bell and spigot joints, or Class 2400 asbestos-cement pipe in
lengths not exceeding five feet. It must be solidly laid on a true grade,
of not less than 1% on well-tamped earth to prevent settling when backfilled,
and in a straight line. Any changes in direction must be made with forty-five-degree
fittings. Cast-iron pipes shall be joined with first quality lead, the entire
joint being filled in one pouring and thoroughly caulked. The ditch must be,
in all cases, kept dry during the laying of pipe. All house drains laid beneath
the ground inside of buildings or beneath the cellar floor shall be of extra-heavy
cast-iron joined with well-leaded and caulked joints. No trench shall be backfilled
until an inspection has been completed by the Building Inspector.
Prior to the issuance of any building permit, two copies of plans for
sewer connections, sewage disposal systems and sewage pumping stations shall
be furnished to the Building Inspector. One copy of said plans shall be filed
with the Town Engineer.
Prior to the issuance of any certificate of occupancy, a certified plan
of the sewer connection, sewage disposal system and sewage pumping station
shall be furnished to the Building Inspector. Said as-built plan shall show
vertical and horizontal control, as well as material and type of connection
used, and shall be filed with the Town Clerk.
No person shall discharge or cause the discharge or allow the discharge
of any harmful or deleterious substance into any part of the sanitary sewerage
system of the Town of Ossining, New York, either directly or through any building
connection thereto, nor so as to endanger the use of or the materials or construction
of any part of the sewerage system in the Town of Ossining, New York. No unauthorized
person shall break, damage, destroy, uncover or otherwise interfere with any
structure, device, equipment or treatment process which is part of such sewerage
system or any approved connection thereto. Connections to the sewerage system
in the Town of Ossining, New York, shall be made only to existing Y-branches
provided for this purpose. Such connections shall be made only under written
permit from the Town Engineer or the Building Inspector and by a plumber duly
licensed by the Town of Ossining, New York.
[Amended 11-9-1982 by Ord. No. 110]
In addition to the requirements set forth in this Article, the town
and all users of the town sewerage system shall also be subject to the Westchester
County Environmental Facilities Ordinance No. 1, as amended, as the same presently
exists and as the same may be amended from time to time. In the event that
any provision of this Article conflicts with said Westchester County ordinance,
the Westchester County ordinance shall apply.
[Amended 11-9-1982 by Ord. No. 110]
A. Any person, owner, lessee or occupant of any building,
structure or premises or any user of the town sewerage system, who shall violate
this Article, shall be guilty of a violation, upon conviction, be punished
by a fine not exceeding $250 or imprisonment for not more than 15 days, or
both. Each day such violation continues to exist shall be considered a separate
offense.
B. In addition to the provisions of Subsection
A hereof, the Town Board may, at its discretion, maintain an action or proceeding in the name of the town in a court of competent jurisdiction to compel compliance with or to restrain by injunction any violation of this Article and to recover any costs and expenses incurred as a result of such violation.
[Adopted 11-12-1980 as Ord. No. 103]
The purpose of this Article shall be to generate sufficient revenue
to pay all costs for operations and maintenance for the Town of Ossining to
complete wastewater systems and all costs attributable to capital construction
of wastewater systems. The costs shall be distributed to all users of the
wastewater system in proportion to the contribution of each user class to
the total loading of the treatment works. Factors such as strength (BOD and
suspended solids), volume and delivery flow rate characteristics shall be
considered and included as the basis for each user class contribution to ensure
a proportional distribution of operation and maintenance (including replacement)
costs to each user class.
The Town Board or its Town Engineer shall determine the total annual
costs of operation and maintenance of the wastewater system which are necessary
to maintain the capacity and performance, during the service life of the treatment
works, for which such works were designed and constructed. The total annual
cost of operation and maintenance shall include, but need not be limited to,
labor, repairs, equipment replacement, maintenance, necessary modifications,
power, sampling, laboratory tests and a reasonable contingency fund.
A. The Town Board or its Town Engineer shall determine each
user class average daily volume of wastewater which has been discharged to
the wastewater system, which shall then be divided by the average daily volume
of all wastewater discharged to the wastewater system to determine each user
class volume contribution percentage. The amount used as the total average
daily volume of wastewater shall exclude infiltration and inflow. The cost
of operation and maintenance for all flow not directly attributable to users,
i.e., infiltration/inflow, shall be distributed among all user classes based
upon the flow volume of each user class.
B. The Town Board or its Town Engineer shall determine each
user class average daily poundage of five-day twenty-degree-centigrade biochemical
oxygen demand (BOD) which has been discharged to the wastewater system, which
shall then be divided by the average daily poundage of all five-day BOD discharged
to the wastewater system to determine each user class BOD contribution percentage.
C. The Town Board or its Town Engineer shall determine each
user class average suspended solids (SS) poundage which has been discharged
to the wastewater system, which shall then be divided by the average daily
poundage of all suspended solids discharged to the wastewater system to determine
the user class suspended solids contribution percentage.
A. Operation and maintenance charges; contract services.
(1) Each dwelling unit which is connected to the sewer lines
shall be charged an annual flat sum. This sum is to be determined by the Town
Board after evaluation of the amount needed for operation and maintenance
contract services for any particular sewer district in the current budget
year. A "dwelling unit" is defined as a self-contained area having eating,
living and sleeping facilities for one or more persons.
(2) Each nonresidential and commercial user shall be charged
an annual flat sum equal to the dwelling unit charge multiplied by an appropriate
number as established by the Town Board or its Town Engineer based upon its
discharge to the treatment system.
(3) Each nonresidential and commercial user which discharges
more than 25,000 gallons per day to the system shall be charged an additional
surcharge. The amount of this surcharge is determined each year by the Town
Engineer based upon actual use.
B. Operation and maintenance charges; local services. All
expenses for operation and maintenance in each sewer district over and above
the charges for contract services shall be allocated to each property based
upon the ad valorem assessment for the property as indicated on the current
assessment roll for the Town of Ossining.
The Town Board shall review the total annual cost of operation and maintenance,
as well as each user class wastewater contribution percentage, not less often
than every two years and will revise the system as necessary to assure equity
of the service charge system established herein and to assure that sufficient
funds are obtained to adequately operate and maintain the wastewater treatment
works. If it is determined that excess revenues have been collected from a
class of users, the excess revenues from that class of users shall be applied
to the costs of operation and maintenance attributable to that class for the
next year, and the number of units of use assigned to that class of users
shall be adjusted accordingly.
Each user will be notified at least annually, in conjunction with a
regular bill, of the rate and that portion of the user charges which is attributable
to wastewater treatment services.
The discharge of any waters containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to contaminate the sludge of any municipal systems or to injure or interfere with any sewage treatment process, constituting a hazard in or having an adverse effect on the waters receiving any discharge from the treatment works, is hereby prohibited. (Article
I of this chapter contains additional requirements covering the use of the Town of Ossining public sewers.)
Each user which discharges any toxic pollutant which causes an increase
in the cost of managing the effluent or the sludge of the wastewater treatment
works shall pay for such increased costs.
This system of service charges shall take precedence over any terms
or conditions of agreements or contracts between the grantee and users (including
industrial users, special districts, other municipalities or state and federal
agencies or installations) which are inconsistent with 204(b)(1)(A) of the
Clean Water Act (33 U.S.C. § 1251 et seq., as amended) or the 40
CFR Part 35 Rules and Regulations.