[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:
The extension from the building down to the public sewer or other
place of disposal.
The official in direct supervisory responsibility over the agency
owning or maintaining a sewer.
The liquid wastes from industrial manufacturing processes, trade
or business as distinct from sanitary sewage.
Any individual, firm, company, association, surety, corporation or
group.
A sewer on which all owners of abutting property have equal rights
and which is controlled by public authority.
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.
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.
A sewer which carries stormwaters and surface waters and drainage,
but excludes sewage and industrial wastes.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
No person shall discharge or cause to be discharged to
any public sewers any of the following described waters or wastes:
(1)
Any gasoline, benzene, naphtha, fuel oil or other flammable
or explosive liquid, solid or gas.
(2)
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.
(3)
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.
(4)
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.
G.
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:
(1)
Any radioactive wastes or isotopes of such concentration
as may exceed limits established by federal, state or town regulations.
(2)
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.[1]
(3)
Waters of wastes containing substances which are not
amenable to treatment or reduction by the sewage treatment processes employed.
(4)
Materials which exert or cause:
(a)
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.
(b)
Excessive discoloration due to inks or dyes or other
substances or processes or combination thereof.
(c)
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.
(d)
Unusual BOD, chemical oxygen demand or chlorine requirements
in such quantities as to constitute a significant load on the sewage treatment
works.
(e)
Any liquid or vapor having a temperature higher than
150° F. (65° C.)
(f)
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.)
H.
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:
(1)
Reject the wastes.
(2)
Require pretreatment to an acceptable condition for discharge
to the public sewers.
(3)
Require control over the quantities and rates of discharge.
(4)
Require payment to cover the added cost of handling and
treating the wastes not covered by existing taxes or sewer charges.
I.
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.
J.
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.
K.
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.
L.
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.
A.
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.
B.
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[1] shall be paid to the Village of Montebello at the time the application
is filed with the County Health Department.
[1]
Editor's Note: The Schedule of Fees is on file in the Village Clerk-Treasurer's
office.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.[1]
G.
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.
A.
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.
B.
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.
A.
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.
B.
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.[1]
C.
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.
