[HISTORY: Adopted by the Board of Trustees of the Village of Montebello 4-25-1988 by L.L. No. 31-1988. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- BUILDING SEWER
- The extension from the building down to the public sewer or other place of disposal.
- DIRECTOR OF PUBLIC WORKS
- The official in direct supervisory responsibility over the agency owning or maintaining a sewer.
- INDUSTRIAL WASTES
- The liquid wastes from industrial manufacturing processes, trade or business as distinct from sanitary sewage.
- Any individual, firm, company, association, surety, corporation or group.
- PUBLIC SEWER
- A sewer on which all owners of abutting property have equal rights and which is controlled by public authority.
- SANITARY SEWER
- A sewer which carries sewage and to which stormwaters, surface waters and groundwaters are not intentionally admitted.
- A combination of the water-carried wastes from residents, business buildings, institutions and industrial establishments, together with such groundwaters, surface waters and stormwaters as may be present.
- SEWAGE TREATMENT PLANT
- Any arrangement of devices and structures used for treating sewage.
- SEWAGE WORKS
- All facilities for collecting, pumping, treating and disposing of sewage.
- A pipe or conduit for carrying sewage.
- STORM DRAIN (sometimes termed "STORM SEWER")
- A sewer which carries stormwaters and surface waters and drainage, but excludes sewage and industrial wastes.
It shall be unlawful for any person to discharge to any natural outlet within the Village of Montebello, or in any area under the jurisdiction of the Village of Montebello, any sewage or other polluted waters, except where suitable treatment has been provided.
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 Village of Montebello and abutting on any street, alley or right-of-way on which there is now located or may in the future be located a public sanitary or combined sewer of the Town of Ramapo is hereby required at his expense to install suitable toilet facilities therein and to connect such facilities directly with the proper public sewer within the required state, county and town regulations, after date of official notice to do so.
No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters to any sanitary sewer.
Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers or to a natural outlet approved by the Director of Public Works or his assistants. Industrial cooling water or unpolluted process water may be discharged, on approval of the Director of Public Works or his assistants, to a storm sewer or natural outlet.
No person shall discharge or cause to be discharged to any public sewers any of the following described waters or wastes:
Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas.
Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, create a public nuisance or create any hazard in the receiving waters of the sewage treatment plant.
Any water or wastes having a pH lower than 5.5 or higher than 9.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewerage works.
Solids or viscous substances in quantities or of a size capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewerage works, such as but not limited to ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastic, wood, etc., either whole or ground by a garbage grinder.
No person shall discharge or cause to be discharged the following described substances, materials, waters or wastes if it appears likely, in the opinion of the Director of Public Works, that such wastes can harm the sewers, sewage treatment process or equipment; have an adverse effect on the receiving stream or otherwise endanger life, limb or public property; or constitute a nuisance. In forming his opinion as to acceptability of these wastes, the Director of Public Works will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant and other pertinent factors. The substances prohibited are:
Any radioactive wastes or isotopes of such concentration as may exceed limits established by federal, state or town regulations.
Any garbage which shall include but not be limited to the waste from the preparation, handling and cooking of food that has not been properly shredded after it passed through a garbage grinder approved by the Director of the Department of Public Works.
Waters of wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed.
Materials which exert or cause:
Unusual concentrations of inert suspended solids, such as but not limited to fuller's earth, lime slimes and lime residues or of dissolved solids, such as but not limited to sodium chloride and sodium sulfate.
Excessive discoloration due to inks or dyes or other substances or processes or combination thereof.
Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the Director of Public Works for such materials.
Unusual BOD, chemical oxygen demand or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.
Any liquid or vapor having a temperature higher than 150° F. (65° C.)
Any water or waste containing fats, wax, grease or oil, whether emulsified or not, in excess of 100 milligrams per liter or containing substances which may solidify or become viscous at temperatures between 32° and 110° F. (0° and 65° C.)
If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which water or wastes, in the judgment of the Director of Public Works, may have a deleterious effect upon the sewerage works, processes, equipment or receiving waters or which otherwise create a hazard to life or constitute a public nuisance, the Director of Public Works may:
Reject the wastes.
Require pretreatment to an acceptable condition for discharge to the public sewers.
Require control over the quantities and rates of discharge.
Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges.
Grease, oil and sand interceptors shall be provided when, in the opinion of the Director of Public Works, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand or 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 of Public Works or his assistants and shall be located as to be readily and easily accessible for cleaning and inspection.
If the Director of the Department of Public Works permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Director and subject to the requirements of all applicable codes, ordinances and laws.
Where preliminary treatment or flow equalization facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner, at his expense.
When required by the Director of Public Works or his assistants, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole, together with such necessary meters and other appurtenances 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 of Public Works or his assistant. 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.
Where a public sanitary sewer is not available under the provisions of § 141-2C, the building sewer shall be connected to a private sewage disposal systems complying with the provisions of this section and all other applicable state, county and town laws.
Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the Department of Health, Rockland County. A permit and inspection fee as set forth in the Schedule of Fees of the Village of Montebello shall be paid to the Village of Montebello at the time the application is filed with the County Health Department.
Editor's Note: The Schedule of Fees is on file in the Village Clerk-Treasurer's office.
The installation of a private sewage disposal systems shall be completed to the satisfaction of the Rockland County Health Department. Said Department shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the Department of Health when the work is ready for final inspection and before any underground portions are covered. Application for inspection shall be made in writing to the Department of Health, and such inspection shall be made as soon as practical thereafter.
The type, capacities, location and layout of a private sewage disposal system shall comply with all recommendations of the Department of Health of the State of New York.
At such time as a public sewer becomes available to a property served by a private sewage disposal system, a direct connection shall be made to the public sewer within the time specified by the state, county and town laws, and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned and filled with suitable material such as gravel or dirt.
The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times at no expense to the Village of Montebello.
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 determined by the municipality which owns such sewer.
No unauthorized person shall make any connection with or opening into any public sewer or appurtenances thereof without first obtaining a written permit from the Director of Public Works or his assistants.
For sewers owned by the Town of Ramapo, there shall be two classes of building sewer permits: for residential and commercial service, and for service to establishments producing industrial wastes. In either case, the owner or his agent shall make application on a special form furnished by the Town of Ramapo. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Director of Public Works or his assistants. All permit and inspection fees shall be paid to the Town of Ramapo at the time the application is filed, in accordance with the laws, rules and regulations of the Town of Ramapo.
All costs and expenses incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the municipality which owns such sewer from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer and shall furnish such financial indemnification as such municipality may require.
A separate and independent building sewer shall be provided for every building or as otherwise approved by the Director of Public Works or his assistants. In the case of duplex buildings (one structure separated by a party wall), a separate and independent sewer line shall be required for each dwelling unit side by side and at such a location as not to encroach or be within 10 feet of a property line.
No person shall make connection of roof downspouts, exterior foundation drains, areaway drains or other sources of surface runoff or groundwater as a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.
The connection of the building sewer into the public sewer shall conform to the requirements of the New York State Uniform Fire Prevention and Building Code and the municipality which owns such sewer.
The applicant for the building sewer permit shall notify the Director of Public Works or his assistants when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Director of Public Works or his assistants.
The Village Engineer, the Director of Public Works or his assistant, bearing proper credentials and identification, shall be permitted to enter all properties and/or dwellings for the purposes of inspection, observation, measurement, sampling and testing. The Director of Public Works or his representative shall have authority to inquire into any processes, including metallurgical, chemical, oil refining, ceramic, paper or other industries having a direct bearing on the kind of source of discharge to the sewers or waterways or facilities for waste treatment.
The Village Engineer, the Director of Public Works or his assistants and other duly authorized employees bearing proper credentials and identification, shall be permitted to enter all private properties through which the Rockland County Sewer District No. 1, the Town of Ramapo, or the Village of Montebello, as the case may be, holds an easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewerage works lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the items of the duly negotiated easement pertaining to the private property involved.
Any person found to be violating any provision of this chapter shall be served by the Village of Montebello 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.
Any person who shall continue any violation beyond the time limit provided in § 141-6A shall be guilty of a misdemeanor and, on conviction thereof, shall be punishable by a fine not exceeding $1,000 or by imprisonment for not more than 15 days, or both, for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.
Any person violating any of the provisions of this chapter shall become liable to the Village of Montebello for any expense, loss or damage the Village of Montebello suffers by reason of such violation.
This chapter shall be read together with all local laws and ordinances of the Village of Montebello, the Town of Ramapo, and any other municipality which owns sewers with the Village of Montebello and which is affected by this chapter, relating to sewer system licensing and use, sewer rents, sewage disposal regulations and zoning regulations hereof.
This chapter supersedes, and is in derogation of, Chapter 37A of the Code of the Town of Ramapo, County of Rockland, State of New York except as regards Town Sewer District facilities within the Village. In addition, it is not intended that this chapter supersede the authority of the County of Rockland to regulate or control county sewer district facilities within the Village of Montebello.