HomeMy WebLinkAboutLL #02 2022 STATE OF NEW YORK
DEPARTMENT OF STATE
ONE COMMERCE PLAZA KATHY HOCHUL
99 WASHINGTON AVENUE GOVERNOR
ALBANY,NY 12241-0001 ROBERT J. RODRIGUEZ
HTTPS://DOS.NY.GOV ACTING SECRETARY OF STATE
January 31, 2022
RECEIVED
Lynda M Rudder
Deputy Town Clerk
. FEB 1 1 -20
Town Hall, 53095-Main Road
PO Box 1179
Southold NY 11971 Southold Town Clerk
RE: Town of Southold, Local Law 1, 2, 3 2022, filed on January 26 2022
Dear Sir/Madam:
The above referenced material was filed by this office as indicated. Additional
local law filing forms can be obtained from our website, www.dos.ny.gov.
Sincerely,
State Records and Law Bureau
(518) 473-2492
NEW YORK Department
STATE OF
OPPORTUNITY of State
o�osu�Foc,��o
DENIS NONCARROW �� �/y Town Hall, 53095 Main Road
TOWN CLERK p P.O. Box 1179
CODSouthold,New York 11971
REGISTRAR OF VITAL STATISTICS 5 .F Fax(631)765-6145
MARRIAGE OFFICER y
SIJ ® Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER �l `1►� www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
January 18, 2022
Priority Mail Express
RE: Local Law No. 1-3 of 2022
Town of Southold, Suffolk County
New York State Department of State
State Records & Law Bureau
One Commerce Plaza
99 Washington Avenue
Albany,NY 12231
Dear Sir/Madam:
In accordance with provisions of Section 27 of the Municipal Home Rule Law, I
am enclosing herewith certified copies of Local Law No. 1-3 of 2022 of the Town of
Southold, suitable for filing in your office. _
I would appreciate if you would send me a receipt indicating the filing of the
enclosures in your office. Thank you.
Very truly yours,
Y`(\
Lyn a M Rudder
Deputy Town Clerk
Enclosures
cc: Town Attorney
L
NEW YORK STATE DEPARTMENT OF STATE
Division of Corporations, State Records and Uniform Commercial Code
One Commerce Plaza, 99 Washington Avenue
Albany;NY 12231-0001
Local Law Filing
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated
and do not use italics or underlining to indicate new matter.
❑ County
❑ City
0 Town of SOUTHOLD
❑ Village
Local Law No. 2 of the year 2022 .
A Local Law entitled, A Local Law in relation to Chapter 215 Sewers and Sewage Disposal
Be it enacted the Town Board of the:
❑ County
❑ City
0 Town of SOUTHOLD
❑ Village
I. Purpose.
The purpose of this local law is to update Chapter 215.
II. Chapter 215 of the Code of the Town of Southold is hereby amended as follows:
Chapter 215 Sewers and Sewage Disposal
Part 1 Sewer Use
Article I Sewer Use
§ 215-1 Purpose.
In order to assure the propose disposal of sewage and wastewaters and the proper operation and maintenance of
the public sewers, sewage treatment facility and other sewage works within the Fishers Island Sewer District
(FISD) and to provide an adequate record of sewers, drains, appurtenances and connections thereto, the
following regulations are enacted by the Town Board of the Town of Southold acting for and on behalf of the
FISD under the authority of the General Statutes of the State of New York.
§ 215-2 Definitions; word usage.
A. Unless the context specifically indicates otherwise, the meaning of terms used herein shall be as follows:
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-239-f-1(Rev.04/14)
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ASTM The American Society for Testing and Materials.
BOD (denoting "biochemical oxygen demand") The quantity of oxygen utilized in the biochemical oxidation of
organic matter under standard laboratory procedure in five days at 200° C. expressed in milligrams per liter
(mg/1) by weight. In computing BOD, reference shall be made to the latest edition of Standard Methods for the
Examination of Water and Waste Water.
CHLORINE DEMAND The amount of chlorine which must be added to water or waste to produce a residual
chlorine content of at least 0.1 mg/l after a minimum contact time of 10 minutes.
COD (denoting chemical oxygen demand) The quantity of oxygen utilized in the chemical oxidation of
organic and inorganic matter under standard laboratory procedure expressed in milligrams per liter(mg/1) by
weight. In computing COD, reference shall be made to the latest edition of Standard Methods for the
Examination of Water and Waste Water.
DEC The New York State Department of Environmental Conservation.
DISTRICT Fishers Island Sewer District (FISD).
DRAIN LAYER or LICENSED DRAIN LAYER Either an individual, partnership or corporation to whom the
Town of Southold has issued a license and the proper agents and representatives to install, alter or repair sewers,
sewer connections, house connections, etc., during the period when such license is valid.
NATURAL OUTLET Any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.
NPDES The National Pollutant Discharge Elimination System.
PERSON Any individual, firm, company, association, society, corporation or group.
pH The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
SEWAGE Wastewater or water-carried wastes from residences, business buildings, institutions and industrial
establishments. Sewage shall be further classified as follows:
(1) DOMESTIC OR SANITARY SEWAGE The solid and liquid wastes from toilet and lavatory fixtures,
kitchens, laundries, bath tubs, shower baths or equivalent plumbing fixtures as discharged from
dwellings, business and industrial buildings.
(2) INDUSTRIAL SEWAGE OR WASTES Includes the water carried wastes of any industrial process as
distinct from domestic or sanitary sewage. All substances carried in industrial wastes, whether dissolved,
in suspension, or mechanically carried by water, shall be considered as industrial wastes. At the present,
no industrial wastes exist or are anticipated.
(3) STORMWATER Includes the runoff or discharge of rain and melted snow or other water from roofs,
surfaces of public or private lands or elsewhere. "Stormwater" also shall include "subsoil drainage" as
defined herein.
(4) SUBSOIL DRAINAGE Includes water from the soil percolating into subsoil drains and through
foundation walls, basement floors or underground pipes.
(5) COOLING WATER Includes the wastewater from air conditioning, industrial cooling, condensing and
hydraulically powered equipment or similar apparatus.
(6) GARBAGE Solid wastes from the preparation, cooking and dispensing of food, and from the handling,
storage and sale of produce. "Properly shredded garbage" shall mean garbage which has been shredded
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so that no garbage particles will be greater than 1/2 inch in any dimension.
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 or wastewater.
SEWER or DRAIN The pipe or conduit, together with manholes and other structures or equipment appurtenant
thereto,provided to carry sewage, waste liquids, stormwater or other waters. Sewers shall be further classified
as follows:
(1) PUBLIC SEWER A trunk, main or lateral sewer up to and including the Y-branch or tee provided for
connection thereto, and to which all owners of abutting properties have equal rights, and which is
controlled by public authority. The public sewer does not include the building or house sewer or the
building lateral after it is connected with a building sewer.
(2) SANITARY SEWER A sewer which carries only sanitary sewage and an acceptable discharge of
industrial wastes and to which stormwater, subsoil drainage and cooling water are not intentionally
admitted.
(3) COMBINED SEWER A sewer receiving both stormwater and domestic sewage.
(4) STORM SEWER or STORM DRAIN A pipe line carrying stormwater, subsoil drainage, acceptable
cooling water or other clean waters, but excluding domestic sewage and industrial wastes.
(5) BUILDING DRAIN That part of the lowest horizontal piping of a building drainage system that
receives the discharge from the soil, waste and other drainage pipes inside the walls of the building and
conveys it to the building sewer, beginning five feet outside the inner face of the building wall.
(6) BUILDING OR HOUSE SEWER The extension from the building drain to the public sewer.
(7) BUILDING CONNECTION LATERAL The pipe laid incidental to the original construction of a public
sewer from said public sewer up to and including the Y-branch, tee or other connection provided for use
thereafter as part of a building connection.
SLUGS Any discharge of water, sewage or industrial waste, which in concentration of any given constituent or
in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average
twenty-four-hour concentration or flows during normal operation.
SUPERINTENDENT An agent of the FISD.
SUSPENDED SOLIDS Solids that either float on the surface of, or are in suspension in water, sewage or other
liquids, and which are removable by filtering as prescribed in Standard Methods for the Examination of Water,
Sewage, and Industrial Waste, American Public Health Association.
WATERCOURSE A channel in which a flow of water occurs, either continuously or intermittently.
B. Word usage. "Shall" is mandatory; "may" is permissive.
§ 215-3 General waste disposal requirements.
A. It shall be unlawful for any person to place, deposit or permit to be deposited in any manner
upon public or private property within the FISD, or in any area under the jurisdiction of said
District, any human or animal excrement, garbage or other objectionable waste.
B. It shall be unlawful to discharge to any natural outlet or storm sewer within the FISD, or in any
area under the jurisdiction of said District, any sanitary sewage, industrial wastes or other
polluted waters, except where suitable treatment has been provided in accordance with
subsequent provisions of this Part 1 and the applicable state regulations.
C. The owner(s) of all houses, buildings or properties used for human occupancy, employment,
recreation, or other-purposes, situated within the FISD and abutting on any street, alley or right-
of-way, on which there is now located or may in the fixture be located a public sanitary or
combined sewer- of the District may, at the option of the District and at the owner's expense, be
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required to install a building sewer to connect their building drain to the public sewer in
accordance with the provisions of this regulation, within 90 days after date of official notice to
do so.
D. It shall be unlawful for any person to construct or repair any privy, privy vault, septic tank,
cesspool or other facility intended for the disposal of sewage if public sewers are available.
E. Where a public sanitary or combined sewer is not available, the building sewer shall be
connected to a private sewage disposal system complying with the provisions of this section.
(1) Before commencement of construction of a private sewage disposal system, the owner
shall first obtain a written permit signed by the Superintendent. The application for such
permit shall be made on a form furnished by the FISD which the applicant shall
supplement by any plans, specifications and other information as are deemed necessary
by the Superintendent.
(2) A permit for a private sewage disposal shall not become effective until the installation is
completed to the satisfaction of the Superintendent. He shall be allowed to inspect the
work at any stage of construction, and, in any event,the applicant for the permit shall
notify the Superintendent when the work is ready for final inspection and before any
underground portions are covered.
(3) The type, capacities, location and layout of a private sewage disposal system shall
comply with all recommendations of the Department of Public Health of the State of New
York.No permit shall be issued for any private sewage disposal system employing
subsurface soil-absorption facilities unless the following conditions are met:
(a) The realty subdivision or development is located outside of Groundwater
Management Zones III or VI, and all parcels in the realty subdivision or
development consist of an area at least 20,000 square feet; or in the case of
a clustered realty subdivision or development, the population density
equivalent is equal to or less than that of a realty subdivision or development of
single-family residences in which all parcels consist of an area of at least 20,000
square feet.
(b) The realty subdivision or development is located within groundwater
Management Zones III or VI, and all parcels in the realty subdivision or
development consist of an area of at least 40,000 square feet; or in the case of a
clustered realty subdivision or development, the population density equivalent is
equal to or less than that of a realty subdivision or development of single-
family residences in which all parcels consist of an area of at least 40,000 square
feet.
(c) The realty subdivision or development or any portion thereof, is not located
within an existing sewer district and is located in an area where subsoil and
groundwater conditions are conducive to the proper functioning of individual
sewage systems.
(d) The individual sewage works comply with the Department's current standards and
the minimum state requirements as set forth in NYCRR, Part 75, to the extent
applicable to Suffolk County.
(e) The Suffolk County Water Facilities Requirements are complied with.
(4) At such time as a public sewer becomes available to a property served by a private
sewage disposal system, as provided in § 215-3E above, the building sewer shall be
connected to the public sewer in compliance with § 215-3C, and any septic tanks,
cesspools and similar private sewage disposal facilities shall be abandoned and filled with
clean bank run gravel; dirt or any other suitable material as approved by the FISD.
(5) The owner shall operate and maintain the private sewage disposal facilities in a sanitary
manner at all times, at the owner(s) expense.
(6) No staternent contained in this section shall be construed to interfere with any additional
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requirements that may be imposed by the Health Officer.
§ 215-4 General discharge prohibitions.
A. No person shall discharge into any public sewer of the FISD any waste, substance or waters other than
such kinds or types of waters or water-carried wastes for the conveyance of which the particular public
sewer is intended, designed or provided.
B. No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof
runoff, subsurface drainage, cooling water, air-conditioning and refrigerating wastewaters or unpolluted
industrial process waters to any sanitary sewer.
C. Industrial cooling water or unpolluted process waters or stormwater and all other unpolluted drainage
may not be discharged to sanitary sewers.
D. No person(s) shall discharge or cause to be discharged any of the following described waters or wastes
to any public sewers:
(1) Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas.
(2) Any waters 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 waste treatment process,
to constitute a hazard to humans or animals, to create a public nuisance or to create any hazard
in the receiving waters of the wastewater treatment plant.
(3) Any waters or wastes having a pH lower than 6.5 or in excess of 9.0, or having any other
corrosive property capable of causing damage or hazard to structures, equipment and personnel
of the wastewater works.
(4) Any waters or wastes containing heat in such quantities as to cause influent temperature at the
treatment facility to exceed 104° F. (40° C.).
(5) Solid or highly viscous substances in quantities of or such size capable of causing obstruction to
the flow in sewers or other interference with the proper operation of the wastewater facilities
such as, but not limited to, ashes, bones, cinders, sand,mud, straw, shavings, metal, glass, rags,
feathers, tar,plastics, wood, unground garbage, whole blood,paunch manure, hair and fleshings,
entrails, paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
(6) Any substances which may cause the wastewater treatment facility's effluent or any other
produce of the wastewater facility such as residues, sludges or scums to be unsuitable for
reclamation process where the wastewater facility is pursuing a reuse and reclamation program.
In no case, shall a substance discharged to the wastewater facility cause the facility to be in
noncompliance with sludge use or disposal criteria, guidelines or regulations developed under
Section 405 of the Clean Water Act; any criteria, guidelines or regulations affecting sludge use
or disposal developed pursuant to the Resource Conservation and Recovery Act, the Clean Air
Act or the Toxic Substances Control Act; or state criteria applicable to the sludge management
method being used.
(7) Any liquids, solids or gases which, by reason of their nature or quantity, are, or may be,
sufficient either alone or by interaction with other substances to cause fire or explosion or be
injurious in any other way to the wastewater treatment facility or to the operation of the
wastewater treatment facility. At no time, shall two successive readings on an explosion hazard
meter, at the point of discharge into the sewage collection system (or at any point in the system)
be more than 5% nor-any single reading over 10% of the lower explosive limit (LEL) of the
meter.
E. The following described substances, materials, waters or waste shall be limited in discharges to
municipal systems to concentrations or quantities which will not harm either the sewers, wastewater
treatment process or equipment, will not have an adverse effect on the receiving water or will not
otherwise endanger lives, limb or public property, or constitute a nuisance. The FISD, acting upon the
recommendation of technical advisors, may set limitations lower than the limitations established in the
regulations below, if in their opinion, such more severe limitations are necessary to meet the above
objectives. In forming their opinion as to the acceptability, the Water Pollution Control Authority will
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give consideration to such factors as the quantity of subject waste in relation to flows and velocities in
the sewers, materials of construction of the sewers, the wastewater treatment plant, degree of treatability
of the waste in the wastewater treatment plant and other pertinent factors. The limitations of restrictions
on materials or characteristics of waste or wastewaters discharged to the sanitary sewer which shall not
be violated without approval of the Water Pollution Control Authority are as follows:
(1) Wastewater having a temperature higher than 150° F. (65° C.).
(2) Any water or waste containing fats, wax, grease or oils, whether emulsified or not, in excess of
100 mg/l or containing substances which may solidify or become highly viscous at temperatures
between 32° and 150° F. (0° and 65° C.).
(3) Wastewater from industrial plants containing floatable oils, fat or grease.
(4) Any garbage that has not been properly shredded.
(5) Any water or wastes having a concentration of any of the following pollutants in excess of the
following limits:
Pollutant Concentration in Parts Per Million (mg/1)
Arsenic as As 0.05
Barium as Ba 5.00
Boron as Bo 5.00
Cyanides as CN (amenable) 0.10
Flourides as F 20.00
Chromium (Total) 1.00
Chromium (Cr+ 6) 0.10
Magnesium as MG 100.00
Manganese as Mn 5.00
Copper as Cu 1.00
Zinc as Zn 1.00
Cadmium 0.10
Lead 0.10
Tin 2.00
Silver 0.10
Mercury 0.01
Nickel 1.00
NOTE: All metals are to be measured as total metals.
(6) 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 FISD for such materials.
(7) Any waters or wastes containing odor-producing substances exceeding limits which may be
established by the FISD.
(8) Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits
established by the FISD in compliance with applicable state or federal regulations.
(9) Materials which exert or cause:
(a) Unusual concentrations of inert suspended solids, such as but not limited to, fuller's earth,
lime slurries and lime residues, or of dissolved solids, such as but not limited to, sodium
chloride and sodium sulfate.
(b) Excessive discoloration, such as but not limited to dye wastes and vegetable tanning
solutions.
(c) Unusual BOD, COD or chlorine requirements in such quantities as to constitute a
significant load on the sewage treatment works.
(d) Unusual volume of flow or concentration of wastes constituting slugs as defined herein.
All slug discharges, despite their severity, will be reported to the FISD prior to the time
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of discharge.
(e) Any other wastes deemed unacceptable by the FISD.
,(10) Waters or wastes containing substances which are not amenable to treatment or reduction by the
wastewater treatment process employed, or are amenable to treatment only to such degree that
the wastewater treatment plant effluent cannot meet the requirements of agencies having
jurisdiction over discharge to the receiving waters.
(11) Any water or wastes which,by interaction with other water or wastes in the public sewer system,
release obnoxious gases, form suspended solids which interfere with the collection system or
create a condition deleterious to structures and treatment processes or which may cause the
effluent limitations of the NPDES discharge permit to be exceeded.
F. Restriction of deleterious waste flows:
(1) If any waters or wastes are discharged or are proposed to be discharged to the public sewers,
which waters contain the substance or possess the characteristics enumerated in § 2154E of this
Part 1, and/or which, in the judgment of the Water Pollution Control Authority, may have a
deleterious effect upon the wastewater facilities,processes, equipment or receiving waters, or
which otherwise create a hazard to life or constitute a public nuisance, the FISD may:
(a) Reject the wastes;
(b) Require pretreatment to an acceptable condition for discharge to the public sewers;
(c) Require control over the quantities and rates of discharge; and/or
(d) Require payment to cover the added cost of handling and treating the wastes.
(2) If the FISD and DEC allows 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 Water
Pollution Control Authority and DEC and subject to the requirements of all applicable codes,
ordinances and laws.
G. Grease, oil and sand interceptors shall be provided when, the opinion of the FISD, they are necessary for
the proper handling of liquid wastes containing floatable 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 FISD
and shall be located as to be readily and easily accessible for cleaning and inspection.
H. Where pretreatment of flow-equalizing facilities are provided or required for any waters or wastes, they
shall be maintained continuously in satisfactory and effective operation by the owner(s) at his expense.
1. When required by the DEC or the FISD, the owner of any property serviced by a building sewer
carrying industrial wastes shall install a suitable structure together with such necessary meters and other
appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes.
Such structure, when required, shall be accessibly and safely located, and shall be constructed in
accordance with plans approved by the FISD. The structure shall be installed by the owner(s) at his
expense and shall be maintained by him so as to be safe, accessible and in satisfactory operation at all
times.
J. The FISD may require a user of sewer services to provide information needed to determine compliance
with this Part 1. These requirements may include but are not limited to:
(1) Wastewater discharge peak rate and volume over a specified time period.
(2) Periodic chemical analyses of wastewaters.
(3) Information on raw materials, processes and products affecting wastewater volume and quality.
(4) Quantity and disposition of specific liquid, sludge, oil, solvent or other materials important to
sewer use control.
(5) A plot plan of sewers of the users property showing sewer and pretreatment facilities location.
(6) Details of wastewater pretreatment facilities.
(7) Details of systems to prevent and control the losses of materials through spills to the municipal
sewer.
(8) Provide certification that the user is not discharging contaminated water such as stormwater,
groundwater or subsurface drainage to the sanitary sewer system and that the piping system to
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convey such waters is completely separate from the sanitary sewer system.
K. All measurements, tests and analyses of the characteristics of waters and wastes to which reference is
made in this Part 1 shall be determined in accordance with the latest edition of Standard Methods for the
Examination of Water and Wastewater,published by the American Public Health Association. Sampling
methods, location, times, durations and frequencies are to be determined on an individual basis subject
to approval by the Superintendent. Sampling shall be carried out by customarily accepted methods to
reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life,
limb and property. The particular analyses involved will determine whether a twenty-four-hour
composite of all outfalls of a premises is appropriate or whether a grab sample or samples should be
taken. Normally, but not always, BOD and suspended solids analyses are obtained from twenty-four-
hour composites of all outfalls whereas pH's are determined from periodic grab samples.
L. The admission in the public sewer of any waters or wastes having a five-day BOD greater than 300
milligrams per liter by weight, or containing more than 350 milligrams per liter by weight of suspended
solids, or containing any quantity of substance having the characteristics described in § 215-41) or
having a chlorine demand of more than 15 milligrams per liter by weight or having an average daily
flow greater than 10% of the average daily sewage flow of the District, shall be subject to the review and
approval of the FISD. Where necessary in the opinion of the FISD, the owner(s) shall provide, at his
expense, such preliminary treatment as may be necessary to reduce the BOD to 300 milligrams
per liter�by weight,the suspended solids to 350 milligrams per liter by weight, and the chlorine demand
to 15 milligrams per liter by weight, or to reduce objectionable characteristics or constituents to within
the maximum limits provided for in § 215-41) or to control the quantities and rates of discharge of such
waters or wastes. Plans, specifications and any other pertinent information relating to proposed
preliminary treatment facilities shall be submitted for the approval of the FISD and of any or all state
regulatory agencies having jurisdiction, and no construction of such facilities shall be commenced until
said approvals are obtained in writing.
M. Determination of exclusion of wastes. In determining whether any waste discharged or proposed to be
discharged into any public sewer is to be excluded, consideration will be given to the quantity,'time or
times, rate and manner of discharge, dilution and character of the waste in question, the size of the sewer
into which the waste is to be discharged,the probable quantity of sewage or other wastes likely in said
sewer and other pertinent facts. Minute quantities of a waste which would be objectionable in larger
quantities may be accepted if sufficiently diluted when and as discharged, or if the quantity discharged is
small as compared with the flow in the receiving sewer; but any permission to discharge minute
quantities of an otherwise excluded waste shall be revocable at any time by the Superintendent.
N. Pretreatment facilities. At all premises where wastes or substances specified to be excluded from public
sewers by these regulations are present and liable to be discharged directly or indirectly into said sewers,
suitable and sufficient piping layouts, oil, grease, sand and flammable waste traps or separators,
screens, settling tanks, diluting devices, storage or regulating chambers, treatment, cooling or other
equipment and devices shall be provided. These shall be maintained and properly operated by the
owner(s) of the premises'or his agent at his expense to ensure that no waste or substance is discharged in
violation of the requirements of these regulations.
O. All measurements, tests and analyses of the characteristics of waters and wastes to which reference is
made in this section shall be determined in accordance with the latest edition of Standard Methods for
the Examination of Water and Sewage. In the event that no special manhole has been required, the
control manhole shall be considered to be the nearest downstream manhole in the public sewer to the
point at which the building sewer is connected.
P. Each user shall provide protection from accidental discharge of prohibited materials or other substances
regulated by this Part 1. Facilities to prevent accidental discharge of prohibited materials shall be
provided and maintained at the owner(s) or user's own cost and expense. The Commissioner of DEC
may require that plans showing facilities and operating procedures be submitted for review and approval
prior to construction of the facilities.
(1) Within five days following an accidental discharge, the user shall submit to the Director and
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Commissioner of DEC a detailed written report describing the cause of the discharge and the
measures to be taken by the user to prevent similar future occurrences. Such notification shall not
relieve the user of any expenses, loss, damage or other liability which may be incurred as a result
of damage to the wastewater treatment facility, fish kills, aquatic plants or any other damage to
persons or property; nor shall such notification relieve the user of any fines, civil penalties or
other liability which may be imposed by this Part 1 or other applicable law.
(2) A notice shall be permanently posted on the user's bulletin board or other prominent place
advising employees whom to call in the event of a dangerous discharge. Employers shall ensure
that all employees are advised of the emergency notification procedure.
§ 215-5 Discharges from private systems.
No person shall discharge or cause to be discharged into any public sewer, either directly or indirectly, any
overflow or effluent from a septic tank, cesspool, subsurface drainage trench, bed or filter or other receptacle
storing organic waste.
§ 215-6 Permit required to work on public sewers; tampering prohibited; penalties.
Connections to, alterations to or repairs to any public sewer or the manholes or other appurtenances of said
sewer system in the FISD shall not be made by any person without a permit issued by the Superintendent.
B. No unauthorized person shall open the cover of, enter or alter any manhole or other appurtenance of any
public sewer,place or insert in any public sewer or its appurtenances any foreign material which said
sewer or its appurtenances was not intended to receive nor shall any person damage, destroy, uncover,
deface or tamper in any way with any public sewer or its appurtenances. Any person violating this
provision of this Part 1 shall be subject to arrest under a charge of disorderly conduct.
§ 215-7 Building sewer permits; fees.
A. Application and fees.
(1) There shall be building permits for sewers for residential and commercial service. The owner(s)
or his agent shall make application on a special form furnished by the District.
(2) The application shall state the location and character of the work to be performed, the person
granted permission to perform such work, the time limit for completion of the work, the general
character of the wastes which are or may be discharged into the sewer in question and any other
pertinent information or conditions. The permit application shall be supplemented by any plans,
specifications or other information considered pertinent in the judgment of the Superintendent. A
permit and inspection fee of$200 for one- and two-family dwellings, $200 each for first two
dwellings and $150 each additional dwelling unit for multifamily dwellings and $1,000 per acre
of developed land or fraction thereof for institutional type buildings, such as schools, churches,
etc., and for retail and commercial property shall be paid to the FISD at the time the application
is filed.
(3) In those cases where a sewer connection charge has been levied or will be levied, the charge for
permit and inspection fee of$200 for one- and two-family dwellings shall be waived.
B. All costs and expenses incident to the installation and connection of the building sewer shall be borne by
the owner(s). All building sewers shall be maintained by the owner(s) of the property served. When a
building connection lateral has been connected with a building sewer, the lateral shall become and
thereafter be a part of such building connection and shall be maintained at the expense of the owner(s) of
the property.
C. No person, other than those working for and under the direction of the Superintendent shall excavate,
construct, install, lay, repair, alter or remove any building or house sewer, or any appurtenance thereof,
within the FISD, if such sewer is connected or discharged or is intended at some future time to be
connected or discharged, directly or indirectly, into any public sewer of said District, until said person
as a permit secured by the owner(s) (or his agent) of the property in question for doing such work, and
further provided that said person has been granted a license to perform said work by the State of New
9
York under the stipulations and requirements of§ 215-8 of this Part 1.
D. Any permit may be suspended or terminated by the FISD on written notice to the permittee for violation
of the conditions thereof or for any violation of the requirements of this Part 1 or for other reasons in the
public interest.
§ 215-8 Persons authorized to work on sewers; licensed drain layers.
A. Only the following person or persons shall construct, repair, alter or remove building sewers or make
connections therefrom to a public sewer:
(1) Regular forces of or a contractor employed by the FISD.
(2) Regular forces of any public utility corporation while engaged in work incidental to the regular
structures of said utility company and operating under a permit issued by the FISD.
(3) Any person who shall have been licensed by the State of New York to perform work of this type
during the period provided by the license and under the conditions of the license. Such persons
shall be called "licensed drain layers," as defined in § 215-2A. All drains and fixtures within
structures shall be connected by plumbers and others in conformity with the requirements of this
Part 1 as to what may or what shall not be discharged into public sewers.
B. Any person licensed as a drain layer shall give personal attention to the work performed and shall
employ only competent persons, who are familiar with this Part 1.
C. Each licensed drain layer shall file with the FISD a performance and guaranty bond, which shall remain
in full force for at least 12 months from the date of application for a permit as provided in § 215-7, in the
amount of not less than$5,000 in form and with surety satisfactory to the FISD. The applicant shall
indemnify the Town of Southold for any negligence or omission of the applicant or his agents while
operating under the license applied for; that the applicant shall reimburse the FISD for any expense to
said FISD arising from any injury or damage to any sewer or other property of said Town or by reason
of any violation by the applicant or his agents of any requirement of this Part 1; that the applicant shall
faithfully execute all work required under the license as granted; that the applicant shall restore that
portion of any street or public place in which the applicant may have made an excavation incidental to
his work to as good a condition as it was prior to said work and also shall maintain said street or public
place in like good condition to the satisfaction of said municipality for a period of six months after said
restoration; that the applicant shall reimburse the FISD or the Town of Southold for the expense of
repairs to any street or public place made necessary by reason of any excavation made by the applicant;
and that the applicant shall comply with all rules, regulations, laws, ordinances, etc., relative to work in
public streets and public places.
D. Each licensed drain layer shall file with the FISD a certificate or certification of public liability and
property damage insurance, which shall remain in full force for at least 12 months from the date of
application for permit as provided in § 215-7, in an amount of not less than $100,000 for injuries,
including accidental death, to any one person and subject to the same limit for each person, in an
amount not less than$500,000 on account of any one accident and property damage insurance in an
amount not less than$10,000. The District shall be included as an assured or, in lieu thereof, the drain
layer shall file with the Superintendent an owner's protective liability and property damage insurance
policy in the same limits as aforementioned. Each insurance certificate and policy shall contain a
statement by the insurance carrier not to cancel the policy or policies except upon 15 days' notice to the
representative.
E. Each licensed drain layer shall file with the FISD a certificate of policy covering workmen's
compensation insurance, which shall remain in force for at least 12 months from the date of application,
for a permit as provided in § 215-7.
§ 215-9 Standards for building sewers.
The following requirements of this section shall apply to any person licensed to do sewer work and who has a
building or house sewer permit to do such sewer work as provided in §§ 215-7 and 215-8 of this Part 1.
A. Old building sewers may be used and connected to a public sewer when serving new buildings only
10
when they are found on examination or test by the Town Engineer to meet all requirements of this
section. The Town Engineer may require, where indicated, the uncovering of old sewers for inspection.
B. A separate and independent building sewer shall be provided for every building, except that, when two
or more buildings are so situated that separate and independent building sewers for each building would
be impractical or impose unnecessary hardship,the FISD may authorize a single building sewer
connection to the public sewer subject to such terms and conditions as to easement, design and
construction as the Town Engineer may require.
C. No building shall be connected to a public sewer unless the plumbing system of said building has a soil
vent pipe extended to a point above the roof. The FISD may require that no running trap, main house
trap or other device which might prevent the free flow of air throughout the whole course of the building
sewer, house drain and said soil vent pipe, will be allowed.
D. The building sewer shall be cast-iron soil pipe, vitrified clay sewer pipe, polyvinyl chloride pipe or other
suitable material approved by the FISD. All pipe materials shall conform to the latest standard
specifications of the ASTM as approved by the FISD. Any part of the building sewer that is located
within 10 feet of a water service pipe shall be constructed of cast-iron soil pipe. Wherever possible,
water service and house sewer pipes shall be laid in separate trenches. Where laid in the same trench, the
water pipe shall be laid on a bench at least 12 inches above the top of the sewer pipe and at least 12
inches, and preferably 18 inches, from the side of the sewer trench. Cast-iron pipe may be required
where the building sewer is exposed to damage by tree roots. If installed in filled or unstable ground, the
building sewer shall be of cast-iron soil pipe, except that nonmetallic material may be accepted if laid on
a suitable concrete bed or cradle as approved by the FISD. No building sewer shall be located within 25
feet of a cellar drain or groundwater drain unless pipe is of cast-iron.
E. The size and slope of the building sewer shall be subject to the approval of the FISD, but in no event
shall the diameter be less than six inches. The slope of such six-inch pipe shall be not less than 1/4 inch
per foot.
F. In all buildings where the building drain is too low to permit gravity flow to the public sewer, sewage or
other wastewaters carried by such drain shall be lifted by approved artificial means and discharged to the
building sewer through a cast-iron force main. All building drains, whether force mains or gravity lines,
shall be of cast-iron soil pipe from the inner face of the building wall to the point of connection with the
building or house sewer, and all joints, including that with the building sewer, shall be made gastight
and watertight by a method approved by the Town Engineer.
G. Excavations and laying of building sewers.
(1) All excavations required for the installation of building sewer shall be open trench work unless
otherwise approved by the Town Engineer. Whenever possible the building sewer shall be
brought to the building at an elevation below the basement floor. No building sewer shall be laid
parallel to or within three feet of any bearing wall which might thereby be weakened. The depth
of the building sewer shall be sufficient to afford protection from frost and in general such depth
shall not be less than three feet below the finished ground surface at all points. All building
sewers shall be laid at uniform grade and in straight alignment insofar as possible.
(2) Building sewers shall be laid in the following manner: Gravel bedding material will be required
below all pipe and all utility structures. Gravel bedding shall be placed to the full width of the
trench and to a depth of six,inches below the bottom of the pipe invert. Gravel bedding shall be
placed 12 inches beyond the widths of a utility structure foundation (base) and to a depth of six
inches from the bottom of the excavation to the bottom of the foundation (base). After a pipe is
bedded the trench shall be filled to the center line of the pipe with gravel bedding except at the
joint. After the joint is inspected, that portion around the pipe shall be carefully and thoroughly
tamped. From the center line of the pipe to a point 12 inches above the top of the pipe, the
backfill shall be sand,placed by hand and hand tamped. Above this point, backfill shall be
suitable material from excavation or bank-run gravel. This backfill shall be placed in layers eight
inches deep and each layer shall be compacted with mechanical tampers to not less than 95% of
maximum dry density.
11
(3) Building sewers shall be located at a sufficient distance from other parallel pipes to permit
alterations or repairs to any such pipes or the sewer pipe without disturbing the other; they shall
be well cleaned inside after laying; and they shall conform to all reasonable requirements for
good constructions.
(4) The open ends of building sewers, building drains and building connection laterals shall be kept
closed or protected during construction and during periods when work is suspended in order to
exclude from the public sewer all water or debris which might obstruct, damage or otherwise be
detrimental to the public sewer or sewage works. Abandoned building sewers or drains shall be
likewise promptly closed and sealed off from any public sewer at the expense of the owner of the
property.
H. All joints and connections for or between building sewers, building drains and building connection
laterals shall be made gastight and watertight as follows:
(1) Cast-iron, vitrified-clay sewer pipe, polyvinyl chloride pipe or other suitable material approved
by the FISD shall be gasketed and equipped with tyton or mechanical joints. The pipe and joints
shall conform to all applicable ASA and ASTM specifications.No paint, varnish or other
coatings shall be permitted on any joint until after the joint has been tested and approved.
(2) Air testing.
(a) The District shall require the use of low-pressure air testing of gravity sewers to ensure
that the joints are gastight and watertight. The sewer line under test shall be plugged at
both ends. The air hose shall be connected to a tapped plug to be used for air inlet to
the line. The hose will be connected to portable air control equipment which must include
] a shut-off valve, pressure-regulating valve, pressure-reduction valve and a monitoring
pressure gauge with range from zero to five pounds per square inch. Air shall be,
introduced from the air source through the control equipment to the pipeline.
(b) Air shall be slowly supplied to the test section, until a constant pressure of 3.5 pounds per
square inch gauge is maintained. The air pressure shall be regulated to prevent the
pressure inside the pipe from exceeding 5.0 pounds per square inch gauge. When
constant pressure of 3.5 pounds per square inch gauge is reached, the air supply shall be
throttled to maintain the internal pressure above 3.0 pounds per square inch gauge and
shut off or disconnected from the air supply. The gauge shall be observed until the air
pressure reaches 3.0 pounds per square inch gauge. At 3.0 pounds per square inch gauge,
the pressure drop shall be timed with a stop watch until the pressure drops to 2.5 pounds
per square inch gauge. The time required for this zero-arid-five-tenth-pound-per-square-
inch-gauge pressure drop shall be recorded and compared to the following tabulation.
(c) Time requirements.
[1] If the time for the zero-and-five-tenth-pound-per-square -inch-gauge drop is less
than that shown,the section will be considered to have failed, and the source of
leakage must be located, repaired and the section retested.
Time Requirements for Air Testing
Pipe Size (inches) Time (minutes)
8 or less 5:06
10 6:22
12 7:39
14 9:35
[2] Where groundwater level is about the invert of the sewer line, the air test pressure
must be increased 0.43 pounds per square inch for each foot the groundwater level
is above the invert of the pipe; and the resulting pressure computed will be used
for the starting pressure. The allowable drop (0.5 pounds per square inch gauge)
and the time requirements will not change.
[3] All joints in vitrified clay pipe, polyvinyl chloride pipe or other approved pipe or
12
between such pipes shall be made with rubber or similar gaskets. Hot poured
jointing materials or cement mortar shall not be approved. Pipe and joints shall
conform to all applicable ASTM specifications.
[4] Any jointing materials, other than those described in Subsection H(1), (2) and (3)
may be used only upon approval by the Town Engineer.
[5] The connection of the building sewer into the public sewer shall be made at the
Y-branch if such branch is available at a suitable location. If the public sewer is
12 inches in diameter or less, and no properly located Y-branch is available, the
owner(s) shall at his expense install a Y-branch in the public sewer at the location
specified by the Town Engineer. Where the public sewer is greater than 12 inches
in diameter, and no properly located Y-branch is available, a neat hole may be cut
into the public sewer to receive the building sewer, with entry in the downstream
direction at an angle of about 45°. A forty-five-degree L may be used to make
such connection, with the spigot end cut so as not to extend past the inner surface
of the public sewer. Where street sewers are of asbestos-cement sewer pipe, the
connection may be made with a cast-iron saddle in the event that no fitting is
available on the street sewer. The invert of the building sewer at the point of
connection to twelve-inch diameter sewers or larger shall be connected to either
match the center lines of such street sewers or be higher. A smooth neat joint shall
be made, and the connection made secure and watertight by encasement in
concrete. Special fittings may be used on the connection only when approved by
the District.
1. When the building sewer trench has been excavated, and the building sewer repaired, altered or
constructed, and is ready for inspection and connection to the public sewer, the Town Engineer shall be
notified during regular working hours not less than eight hours in advance of the time when the
connection to the public sewer is planned. The connection-of the building sewer to the public sewer shall
be made under the supervision of the FISD, and a record of all said connections shall be kept by the
District. If any person constructs, installs, alters or repairs any building sewer or drain connecting with a
public sewer in the District in violation of any section of this Part 1 or fails to give adequate notice to
the Town Engineer for an inspection of the work, said Town Engineer may order all or any portion of
said work to be uncovered for inspection and approval.
J. All excavations for building sewer installations shall be adequately guarded with barricades and lights so
as to protect the.public from hazard.
K. If any person, after proper order or direction from the District fails to remedy any violation of this
section or of any other section of these regulations, the Town Engineer may disconnect the building
sewer of the property where the violation exists from the public sewer and may collect the cost of
making such disconnection from any person or persons responsible for, or willfully concerned in, or
who profited by such violation of the requirements of these regulations.
§ 215-10 Powers and authority of inspectors.
A. The Superintendent and any duly authorized employees of the District, the Environmental Protection
Agency and/or the DEC bearing proper credentials and identification shall be permitted to enter all
properties for the purpose of inspection, observation, measurement, sampling and testing in accordance
with the provisions of this Part 1. The Superintendent or his representative shall have no authority to
inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper or other
industries beyond that point that has a direct bearing on the kind and source of discharge to the sewers
or waterways or facilities for waste treatment.
B. While performing the necessary work on private properties referred to in §215-10A above, the
Superintendent or duly authorized employees of the District shall observe all safety rules applicable to
the premises established by the owner(s) and the owner(s) shall be held harmless for injury or death to
the District employees and against liability claims and demands for personal injury or property damage
13
asserted against the owner(s) and growing out of the gauging and sampling operation, except as such
may be caused by negligence or failure of the owner(s)to maintain safe conditions as required in § 215-
4I.
C. All duly authorized employees and/or representatives of the District bearing proper credentials and
identification shall be permitted to enter all private properties through which the District holds a duly
negotiated easement for the purposes of, but not limited to inspection, observation, measurement,
sampling, repair and maintenance of any portion of the sewage works lying within said easement. All
entry and subsequent work, if any, on said easement shall be done in full accordance with the terms of
the duly negotiated easement pertaining to the private property involved.
§ 215-11 Penalties for offenses; disconnection.
A. Any person found to be violating any provision of this Part 1 except § 215-6 shall be served by the
District 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 violate any provision of this Part 1 shall be guilty of an offense punishable by a
fine not to exceed $5,000.or imprisonment for a period not to exceed 15-days, or both such fine and
imprisonment. Each day that any violation of this Part 1 continues and each day that any person
continues to discharge prohibited wastes or substances into any public sewer shall be deemed to be a
separate and additional offense.
C. Any person who fails to cease and desist violation of this Part 1 upon notification thereof may, after the
period of time stated in the notice for correction thereof, be disconnected from the public sewer system.
Notice of disconnection shall be served by the District not less than 10 days prior to the actual
disconnection.
§ 215-12 Discretionary monitoring of effluents.
The District may require as a condition to the connection and/or continued use of the District's sewer facilities
that flow-metering,pH-monitoring and suitable effluent-sampling stations be provided at the owner'(s) expense
by industry connected to the District sewer system as required by prudent engineering standards.
§ 215-13 Severability.
If any section, clause, sentence or provision of this Part 1 be adjudged invalid or unenforceable, such
adjudications shall not affect the validity of any other provision hereof, but all other provisions shall be deemed
valid and effective and shall remain in full force and effect.
Part 2 Sewer Rents and Charges
Article I1 Sewer Rents and Charges
§ 215-14 Purpose.
Pursuant to the provisions of Article 14-F of the General Municipal Law, the Town Board, acting for and on
behalf of the Fishers Island Sewer District (FISD), does hereby establish a scale of annual charged to be called
"sewer rents" for the use of the sewer system within the YISD.
§ 215-15 Rents; penalty for late payment.
A. In addition to any and all other fees and charges provided by law, the owner of a parcel of land served
by the sanitary sewer system of the FISD shall pay an annual sewer rent for the use of such sanitary
sewer system, which shall be based upon an annual charge of$450 for each separate dwelling unit
served by the system. Such annual sewer rents shall be paid in semiannual installments of$225
on the first day of January and June of each year.
B. If such sewer rents are not paid within 30 days of the due date, a penalty of 5% shall be paid.
14
§ 215-16 Liens.
Sewer rents shall constitute a lien upon the real property served by the sewer system or such part or parts
thereof for which sewer rents shall have been established or imposed. The lien shall be prior and superior to
every other lien or claim except the lien of an existing tax, assessment or other lawful charge imposed by or for
the state or a political subdivision or district thereof.
§ 215-17 Actions to collect rents.
The Town Board, on behalf of the sewer district, may bring and maintain an action as upon contract for sewer
rents in arrears, including penalties and interest, or to foreclose liens for such sewer rents. As an alternative to
the maintenance of any such action, the Town Board may annually cause a statement to be prepared setting
forth the amount of each lien for sewer rents in arrears,the real property affected thereby and the name of the
person in whose name such real property is assessed. Such statement shall be presented to the board or body
empowered to levy Town taxes on or before a date to be specified by such board or body. Such board or body
shall levy the amounts contained in such statement against the real property liable at the same time and in the
same manner as Town taxes, and such amounts shall be set forth in a separate column in the annual tax rolls.
The amounts so levied shall be collected and enforced in the same manner and at the same time as may be
provided by law for the collection and enforcement of Town taxes.
§ 215-18 Sewer rent fund.
A. Revenues derived from sewer rents, including penalties and interest, shall be credited to a special fund to
be known as the "sewer rent fund." Moneys in such fund shall be used in the following order:
(1) For the payment of the costs of operation, maintenance and repair of the sewer system or such
part or parts thereof for which sewer rents have been established and imposed.
(2) For the payment of the interest on and amortization of or payment of indebtedness which has
been or shall be incurred for the construction of the sewer system or such part or parts thereof for
which sewer rents have been established and imposed (other than indebtedness, and the interest
thereon, which is to be paid in the first instance from assessments upon benefited real property).
(3) For the construction of sewage treatment and disposal works with necessary appurtenances,
including pumping stations, or for the extension, enlargement or replacement of or additions to
such sewer systems or part or parts thereof.
B. Such revenues from sewer rents shall not be used to finance the cost of any extension of any part of a
sewer system (other than any sewage treatment and disposal works with necessary appurtenances,
including pumping stations) to serve unsewered areas if such part has been constructed wholly or partly
at the expense of real property especially benefited, or for the payment of the interest on and the
amortization of indebtedness which is to be paid in the first instance from assessments upon benefited
real property.
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of
competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part
thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law
15
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. 2 of 20 22 . of the
(Town) of SOUTHOLD was duly passed by the
TOWN BOARD on January 4 , 20 22 , in accordance with the applicable provisions of
law.
2. (Passage by local legislative body with approval,no disapproval or re-passage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the(County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved)(re-passed after
disapproval)by the and was deemed duly adopted on 20 ,
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the (County)(City)(Town)(Village) of was duly passed by the
on 20 `' , and was (approved)(not approved)(repassed after
disapproval)by the on 20 . Such local law was submitted
to the people by reason of a(mandatory)(permissive) referendum,and received the affirmative vote of a majority of
the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the
(County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved) (repassed after
disapproval) by the on 20 Such local law was subject to
permissive referendum and no valid petition requesting such referendum was filed as of 20 , in
accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county-wide
basis or, If there be none, the chairperson of the county legislative body,the mayor of a city or village, or the supervisor of
a town where such officer is vested with the power to approve or veto local laws or ordinances.
DOS-23 9-f-l(Rev.04/14)
16
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of
20 of the City of having been submitted to referendum pursuant to the
provisions of
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of
the qualified electors of such city voting thereon at the (special)(general) election held on
20 , became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No of 20
of the County of State of New York, having been submitted to the
electors
at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section
33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified
electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county
considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate
certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the
same is a correct transcript there from and of the whole of such original local law, and was finally adopted in
the manner indicated in paragraph 1 , above.
Clerk of 1he County legislative body, City, Town or
(Seal) Village Clerk or officer designated by local legislative body
Lynda M. Rudder, Deputy Town Clerk
Date: January 18, 2022
DOS-239-f-1(Rev.04/14)
17
4
®R"i",
RESOLUTION 2022-88
( ADOPTED
DOC ID: 17726
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2022-88 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JANUARY 4, 2022:
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County,New York, on the 14t1i day of December, 2021, a Local Law entitled "A Local Law in
relation to Chapter 215 Sewers and Sewage Disposal, and
WHEREAS that the Town Board of the Town of Southold held a public hearing on the aforesaid
Local Law at which time all interested persons were given an opportunity to be heard, now
therefor be it
RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local
Law entitled, "A Local Law in relation to Chapter 215 Sewers and SewaLFe Disposal" reads
as follows:
LOCAL LAW NO. 2 of 2022
A Local Law entitled, ""A Local,Law in relation to Chapter 215 Sewers and Sewage
Disposal"
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
The purpose of this local law is to update Chapter 215.
II. Chapter 215 of the Code of the Town of Southold is hereby amended as follows:
Chapter 215 Sewers and Sewage Disposal
-P—Art 1 Scavenger 3A7astes
Ai4iele l n,-6visions
§215 1 Title
This Part 1 sh-All bbe hanoqw-n and may be eited as the "So-thold Sea-venger Alaste Disposal Law."
§ 215 2 Def nilions
shall, ,
have the meanings herein ;,,dictated
BOARD The Southold T,.,,,, 1r2..-ar.l acting fnr andon keh if of the Southold 3Xastewator
D3sp0s-al Dist-iet.
CARTER Any tr-ueker-, hauler or efitefpfise that is licensed within the District to provide on sitee
system pumping and tithe maintenanee assistance
Resolution 2022-88 Board Meeting of January 4, 2022
preeess. Sinee the solids remain in one tank, the),tend to elegmwe quiekly than seplie tanks
whieh ha-ve dr-ain field systems. Although these systems were pfeviously in widespread use, the),
are not aeeeptable for new eenstr-uction due ie their ineffieiene-ties.
TITCTD GT The Southold Wastewater Disposal Distr;e+
DRAIN FIELD A tile field eonsisting of perforated pipes in below ground 7
water) or- a eir-eular-below grade tank with openings eenstructed in the side-vi-Alls whieh --evide
for-drainage of the treated liquid.
EASEMENT An interest in land &Amed by another ihat entitled its holder-to a specific limi
use.
ON SITE SYSTEM Any below gr-ade 7
septie tank and drain field as defined herein
the disposal of sanitar-y sewage and nofmal domestie wastes-.
LTJ.
PERSON Any organization o
7 7 7 association, 7 company,
kind,other-legal entity of any
subdivisions thereof-.
sepiage (seavenger waste) and treat it to levels aeeeptable for-discharge to the Gr-eenporl Sewage
SEPT-AGE (SCAVENGER WASTE) The solid and liquid material mmoved fr-om a eesspo
rent;„tank duringrrt
7
7 to separate selids from liquid,
mattef7
sewage,to store solids and to allow the elar-ified liquid to !each into the surrounding soils.
SEALAGE TREATMENT PLANT Any afr-angement of deviees and Stmetufes used for treating,
exclusive of 7 septic tanks and dr-ain fields as described .
§ 215 3 Purpose.
The Sou4hold Wastewater Disposal Distr-iet was established by an ofder- of the Southold Town
Beafd7 adopted on Febmafy 7 7 as amended,
by an Ewder-of said Board adopted on May
7 7
for-the purpose of protecting the ground and sur-faee waters within said Distr-iet from
the disposition of scavenger waste by pr-oviding a wastewater-pivtr-eatment faeility at the s4e of
the sewer-tFeatment plapA of the Village of Cifvenpeft f6f the disposal of sea-venger-
Disir-iet and providing regulations to pr-oteet the health and water quality and to prevent the
eontamination of the water- supply within the Distriet.
AT4iele TT Tr-anspoi4a4ie,,
§ ')1C 4 T Town Cler4E on the form pr-eser-ibed stating the name and addFess of the rot
applicant,No per-so 1 11 in the r-emoval of scavenger-waste from any cesspool or- septie tank
leeated wil...'. 1— —D.otfiet who does not possess a euffently valid lieense issued by the Solithold
Town Clefk-.
An applicant for- a lieen" by § 215 4 hereof shall file a swom statementwAh the
and the type,
model and capacity (in gallons) of all vehieles to be used. Additionally, such form shall state:
"I, being duly 7
state and depose that 1 am familiai!with the requirements of the Southold Seavenger
Waste Law. Thal 1 will r-epaf:t the address and exaet leeation of all septie tanks and eesspools pumped by
me or by my business within the Southold Wastewater-Disposal District as Fequifed by § 215 7 of said lay.,
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Resolution 2022-88 Board Meeting of January 4, 2022
and that failure to do so will result in the assessment of a eivil penalty of$100 for each violation.
§ 215 6License fo
Prior-to issuance of the license required by § 215 4 hereof-, the Town Glerk shall collect a f�e in
an amount prescribed by resolution of the Town Board.
Each cafter of seavenger waste, licensed pursua-FA to this Part 1, shall file a report with the
lVillage of Greenport stating the address and exact location of each cesspool or septic tank
pumped, on a forin to be supplied by the Tovffi Cler-k, prior-to disposing of a seavenger waste
lead. Failure of any earter to file such report shall result in the imposition of a one hundred
dollar eivil penalty for each cesspool or septic tank purnped but not reported as required herein.
The report shall have the following information.:
A The name and address of the o
B. The address of the system if diff-erent than the owner-.
C. The date of pump out.
D. The quantity of pump out.
E. The type of waste-.
F. The signatures of the owner and the hauler,
Article T�iT- Construction and Alteration
§ 215 8 PeriBitrequired-.
construct,No per-son shall modify, cesspool,
or any-part
thereof-> located within the Southold Wastewater Disposal District,
without obtaining a permit.
from the Town ClerlE within five business days prior-to the date worlE eornmenees. Such permit
shall state the exact location and address of the work in the manner and form specified by the
Town Clerk,
Failure of any person to obtain such permit shall constitute a violation punishable by a eivil,
penalty of up to $100
§ 215 10 P-rini+ fees.
The fee charged for such a eonstrueti-A-H and -Alteration permit shall be in Such -Alneunt as shall be,
fr-01=rTtimete time, ,.-scribed lotion of the
Article IN' Septic Tanks and Cesspools
§ 215 11 A f'f eted p ,,1.o,+;oma
system,Nil real prev—,
the Southold Wastewater Disposal District whereo- site disposal
s eh as a septic tank or cesspool is eonst-Iis withinor outside the >
geographical
provided.
R
215 12 Operation peimim;+ .-0l1
cesspool,Each owner of real property hereafter- opef!atifl, -11 -11 site sewage disposal system, such as a-
except , must, prior to JUlill VlJIil ULl V31,
possess in the name of the ownei:a e-..-..t sepke tank or cesspool operati— .,sued by the
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Resolution 2022-88 Board Meeting of January 4, 2022
Town Clerk. The "owner-" is defined to mean a natural pei:son, eofper-ation, the state or-any
auther-ity or subdivision hereof-, the United States or- any depaftment or-agency thereef and an�,
„tertenant lessee „ oeeupant of the pr-emises_
R 215 13 Exeeptions
Within five years after-the effeetive date of this PaFt 1, no permit shall be mquir-ed of all), E)VaIeF,
his sueeessor-s, representatives ef > >
takes eff-eet,provided that sueh on site system is not ther-caAer-pumped or-other-maintenanee
measufos required. At sueh time- as sueh en site .,—em -ir-es pumping or other maipAenanee
years after-the egoetive date of this Pa-r-t 1, ow-n—I -1 systems within the Soul
Wastewater Disposal bl;s+riet must obtain anel.rnt;nrt norm;+
P 215 14 No r m;+required of tenants.
Ne pefmit shall be required of any > tenant, >
provided that the ew-ner othe premises has a euff ently valid peffflit issued in the i
pursuants name or-if the ewmer-is emeepted
to P 215 13 here„f
R 215 15 Rbo tr-a sF rshil;t„ ofperm;t
Town Cler-k upon presenta4ion of the deed of > > howevef,
tha4 there is no
existing violation as to the operation or-other-ni-.*..'.-..-..--...easur-es of the system.
Adele-VRat and Fees
§ 215 16 Fees for alteration and r,s+,.ucti,-,r, permits.
Fees for permits fer-new eenstr-tietion, alteration oF meenstr-uetieii ef an On site system shall be
applied to the operating ees+s of the D str-let
shall, used exclusively for-residential purposes shall be sueh fee as
•
system, r,•lnnnted on premises used in whole of;n mart far nnresi entinl r fposes
shall be sueh fee as shall, ftofn time to
be pr-eser-ibed by r-esolutien of the
time,
Bear-d.
§ 215 17 Fees kr-operation permit.
A Tho foe for- n r.e,•n6.1. „ mit for an site system, 1eeate,l used
l 1. 1 illi lilt. 1V3 Ull Vl./ ,
shall, 4om time to
time,
he p r;hed by ivsolution of the Boar-d.
B The foo for n rn+;,,, 11 m;+ for an site system loo ted used ;
L. The fee 1V1 Ull V�
shall,whole or-in part fei:nof:ff esidential purposes shall be sueh fee as
fi-em time
to time, he r r,hed by ,• el„tion „f the Boat 1.
Tax fate.
shall,The Town Board
Southold SeavengeF Waste Pr-ctr-eatment FacilitY, as well as future eapita! purchases a=-,]
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Resolution 2022-88 Board Meeting of January 4, 2022
administrative eests. Oper-ating and maitltenanee eosts will be eolleeted by user-fees as
prescribe by R 215 26.
-
AAiele T 11 Construction Requifements
§ 215 19
All new eaftstruction ef septic tanks, eesspeel or-other on site systems shall eonform te
Siandar-ds for- Sewage and Waste Disposal Systems, as then established by the Suff-elk County
Tlor,wt,-Y,o„t of'Health Cor,.;.,
§ 215 20 4 Location.
�_1 ne.. eenst-metion shall be leeated as pr-eser-ibed by the Suff-alk County Department of Health
Serviees a-nd at a joeation where oeetff without trespassing on lands of anothe
ownef, unless an expr-e-s- _'Or that purpose over-anether i
715 21 G (`over;„„
All septic taBks and eesspeels shall be eover-ad in a manner-that pemits inspeetion as pi!ovidecl
herein without rVro ,1 efgr-asp, . ;,t o other similar 1,,ds. ,pill,
Article VII i ispect36ns and MaipAenanee
§ 215F-r-equeney of , responsibility of owner.
AA A t the en of throe years ate,.issuance of a operation permit her-e ,nder
. L>L L11V V11U V1 L111VV ,
sooner as eonditions ma d
.y mjuite as determine by the Town, the system shall be
7
inspectett by qualific 7a 'rr"rol"�cEtFJoyed employed the Southold 6'dbii3Board. The
TE)vffi has the right o said inspeetion.
B. in all cases, it shall be the responsibility of the owner to locate and r-emove the
eover-E)f the-septie tank or- for inspeetroil-by the Town inspector, Should
ownerthe right to loeate and remove the eover of th- septie tank and bill the
for-.,11 eests ; r,.o,7
§ 215 23 Right t of entry; notiee
consent,As a eendition to obtaining the eper-a4iem permit required hereunder-, the &wner shall give his
at the lime ef applying for and obtaining sueh pemit,
throughthe Town to Mer-on the ow-ners premises te make the neeessaify inspections. The hours of
inspeetion are te be from 9-00 a.m. to 5-00 p.m. on Monday
netiee is to be given to the owner-that an inspeetion will be fflade. in eases wher-e an emer-geney
exists, the T.,,,,,-, shall r e the right to waiver- sueh notice
against§ 215 24 Civil elaims.
No eivil elaim shall lie any damagesresulting
„ther-ized heroin
owner-§ 215 25 Right to r-equil-
A—. '—Evefy ewner-of an ep'.-k-.. fflit shall have his on site Wle system pufflped
on a ffequeney of not less than once evefy flifee yeafs. Should sueh E)wnef mfiise
to pump said system, the Tewn has the Fight to pump said syslem and bill the
the e
B. Notwithstanding the f4egoing provisions of this § 215 25, the Town Inspeetei
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Resolution 2022-88 Board Meeting of January 4, 2022
authorized to extend the time of p_." site septic system in eases where-
it is detefffiined that, due to the size, type, location and/or-frequency of use of affli
��on. s-+- septic y`+ such system is et required to hepumped once e, e iy three
year-s.
C. The Town 1 1 th „f 1 t+ ti t
b e 1, ,� owner- e�e ti ; permit to
repair- a lF t Ae stein. Should such owner- of, e to ff the
s" _ -i!he Town h _ the right to e1 said system and bill the owner-therefor,
.
AFtiele AITTT Disposal Fees
§ 215 26 Fee to he set by resolution-.
shall,The Town Board set the fee for-the tfansf)ol4ing to and disposing of
resolution,
scavenger-waste at the Southold Scavenger-
shall,
from time to time, be pr-eseribed by resolution of the Beafd. The fee to be paid shall be
calculated on full tank capacity and shall be applied against the operation and maintenance costs
of the faeiW.
A,.t;.,le TY improper-Disposal
§ 215 27 Dumping prohibited.
No sem,enger-waste removed fi-offl any cesspool or- septic tafik within the Southold Wastewater-
Disposal Distfiet shall be dumped or disposed at any location within the Town of Southold
except tit the Scavenger-Waste Pr-et,-eatme„t T.•ae4i 3L
Article Prohibited Wates
R 215 28 Prohibited wastes e erated
Only sanitavy sewage and notmal domestic wastes shall be disehafged into on site wastewate
disposal systems. The fellowing waste shall not be discharged into the system and shall be
considered as prohibited wastes:
A. industrial waste.
B. Automobile 1 ti d .,then„ .,king oils.
B.
!'' Tlfain,,Ye from basement floors, f„tingsor-roofs.
D. Toxie or-hazardous substances and chemicals, including but not limited to
pesticides, acids, paints, paint thinner-, herbicides, solvents, puetogr-upui
y
chemicals and ,,.titer softening agent-,.
'
cleaningE. Gesspeol
and dr-ain -duets which are prohibited by Article 3-9
f+h 1�T V •L C+s+e ! e se,•,, +;,, T ,- Suffolk !-vaunt,. Local til T ti „TAT
.�
12 1980.
§ 215 29 e D schtirg
b '
No per-son shall knowingly discharge-prohibited waste at the Southold Scavenger-IAI
D,•et,•etit,,,ent Facility.
A,-t;ele VT Admin;str- tion and Enforcement
r. 215 20 Administration tion .Ynd enf,-ee,,,ent eff;ee,-
n n
„h., shall administer-and enf r..e the pr-ovisions of this Par-t4,
R
215 21 Notice of violation.
A. Whenever-the inspector-has reasonable gFounds to believe that operations
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Resolution 2022-88 Board Meeting of January 4, 2022
regulated hereby are being c nd„eted ; violation of the pr-avisions f this Parr 1
of ; plianee with a rm;t or lieense issued pursuant to this Darr 1 h
yr not lil ivirr ,
otif:, the owner- of'the n eft,, or the o er's agent or the n
111U,'� 11V L31}' L11Ld
per Fermin g such ep€r-ati•ons, o -E-ar-t€r-, to-SuspeH`lHcr-c lamer-ations, and any suueh
person shall forthwith cease opefations upAil sueh notiee of violation has been
r-eseinded
B. Sueh notice shall be in w-fiting, shall speeif�,the viela4ion and shall state the
nd;t;ons ,,,h;eh must he e plied with and the time within which e nl;anee
VV11Ul11 V11J VV 111,.+11111 LLJl-�
rircL,st hen nleted before oper-ations m her ed
C. Sueh notiee shall be serwed upon the per-son to whom it is dir-eeted by deliver-ing44
,,,here operations are being e nd„cted and marlin. n eop), thereof ton ,nl, per-so
YV lll.rlV Vl.JIil LLL1V1rJ UlV
bycertified mail to his last known address
D. The imspeetor-may extend the time of eompliance speeified in the notiee o
vielation whefe there is evidenee of intent to eomply within the time speeified and
conditions exist„,h,eh pr-event immediate n nl,ance
E. in!he event that the per-son upon whom a notiee of violation has been served shall
fail to eomply with said notiee within the time speeffied thefein or-,A4thifi the time
speeified in aii), extension of time issued by the inspeetor, any peffflit of lieense
issued to s ,eh per-son ptir-suaint to this Darr 1 shall be deemed revoked.
F. It shall be unlawfiil for- any per-son serwed w4h a notiee of violation pursuant4o-§
2-15-3lC;to fail to-cometh suEb notice. [Added-3 22 1088 by T T �.T^
n 1988]
R 215 32 Compl;anee required; penalties far offenses.
[Amended 3-22 1988 b�-T��o. 4-498,8; 1 1a-200? by L.LNo. -20071
A. it shall be unlawful for-any eaAer-, owner-, oeeupant, builder-, ar-ehiteet, eonir-aeto
r their agents an) other n n to fail to comply with a written notice
directive or order ofthe inspector or ten nd„et a ration ; a mainmer of;
eomr l;anee with a rmit issued pursuant to this Parr 1
R For-each offense against n of the provisions of this Parr 1 or-anyregulation.
made pursuant thereto or failure to comply with a mTitten notiee or- order-of”+.'.-.e
inspector-,,,;thin the time fixed for-e nlianee therewith, the tearer, owner-,
oecupanteOHtFaeter- of thelif _ff Other per-son who
> > >
fail tee pl„ with a ritten or-def e et;ee of the Tnsneetor shall upen a first
eonvieti8n thereof-, begu lt<, of a off r
czrlepun}srli[hvrc by aziircTrQt to exceed
$5,000 0 ent fee: a per- od not teexceed 15 days, r both. Eaeh da, on
offense.whieh sueh violation shall oeeur- shall eenstitute a separate, additional
For-a seeond and subsequent eonvietion within 36 months ther-eafter, such per-son
shall be guilty of a violatien punishable by a fine not to exeeed $7,500 dollafs OF
impfisoBfflent for- n period not toexceed 15 days r both such fine and
(` T addition to the above provided penalties, the Board m also maintain an
tion or pyweed;n„ in name of the Distriet7 in a n^„rt of n^mpetent
jtifisdietionto eompel complianee-with of to --fly injunetion the violatio
7
of this Part--1
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Resolution 2022-88 Board Meeting of January 4, 2022
Artiele X11 Costs and Expenses
done pufsuapA to this Paft 1 shall be assessed against the land on whieh sueh eosts and expenses
were ineuffed, and a statement of sueh expenses shall be presented to the ow-ner of the Pfepefty,
or-if the owner- eapmet be aseertained or-leeated, then sueh statement shall be posted i
tis plaee on the premises. Sueh assessment shall be and eonstitute a lien upon sueh
the owner-shall fail to pay sueh expenses within 10 days after the statement is pf!esented
or-posted, a legal aetion may be brought to eollect sueh assessment or-to for-eelose sueh lien. As
eonneetion with whieh the expens— ..—- . .--Ffed and the owner-lher-eof,� with the Assessors,
who shall, in the pfepar-ation of the next assessment foil, assess sueh affietifit upon sueh pr-opeFOY-.
Sueh amount shall be ineluded in the levy against sueh pr-opefty, shall eonstitule a lien and shall
be eelleeted and enfefeed in the same > >
at the same time and
under-the same penalties as is pf!avided by law for the eelleetion and enforeement e
pr-BP€i-ty taxes in the To m. of c-,,L e1 1
Article X111 Eg-eetiye D- to
§ 215 34 When of-eti—
The provisions of this Chapter-215 shall beeome effeetive on the first day of the mo
subsequent to the eompletion of eonstruetion, and the eommeneeffieRl of oper-ations of the
Distfiet's Q...,.,enge-Write U-etfe tme t Laeil;t.,
Part 2 1 Sewer Use
Article Yr.:�V I Sewer Use
§ 215-15 1 Purpose.
In order to assure the propose disposal of sewage and wastewaters and the proper operation and
maintenance of the public sewers, sewage treatment facility and other sewage works within the
Fishers Island Sewer District (FISD) and to provide an adequate record of sewers, drains,
appurtenances and connections thereto, the following regulations are enacted by the Town Board
of the Town of Southold acting for and on behalf of the FISD under the authority of the General
Statutes of the State of New York.
§ 215-36 2 Definitions; word usage.
A. Unless the context specifically indicates otherwise, the meaning of terms used herein
shall be as follows:
ASTM The American Society for Testing and Materials.
BOD (denoting "biochemical oxygen demand") The quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard laboratory procedure in five days at 200°
C. expressed in milligrams per liter (mg/1) by weight. In computing BOD, reference shall be
made to the latest edition of Standard Methods for the Examination of Water and Waste Water.
CHLORINE DEMAND The amount of chlorine which must be added to water or waste to
produce a residual chlorine content of at least 0.1 mg/l after a minimum contact time of 10
minutes.
COD (denoting chemical oxygen demand) The quantity of oxygen utilized in the chemical
oxidation of
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Resolution 2022-88- Board Meeting of January 4, 2022
organic and inorganic matter under standard laboratory procedure expressed in milligrams per
liter (mg/1) by weight. In computing COD, reference shall be made to the latest edition of
Standard Methods for the Examination of Water and Waste Water.
DEC The New York State Department of Environmental Conservation.
DISTRICT Fishers Island Sewer District (FISD).
DRAIN LAYER or LICENSED DRAIN LAYER Either an individual,partnership or
corporation to whom the Town of Southold has issued a license and the proper agents and
representatives to install, alter or repair sewers, sewer connections, house connections, etc.,
during the period when such license is valid.
NATURAL OUTLET Any outlet into a watercourse,pond, ditch, lake or other body of surface
or ground water.
NPDES The National Pollutant Discharge Elimination System.
PERSON Any individual, firm, company, association, society, corporation or group.
pH The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
SEWAGE Wastewater or water-carried wastes from residences, business buildings, institutions
and industrial establishments. Sewage shall be further classified as follows:
(1) DOMESTIC OR SANITARY SEWAGE The solid and liquid wastes from toilet
and lavatory fixtures, kitchens, laundries, bath tubs, shower baths or equivalent
plumbing fixtures as discharged from dwellings, business and industrial buildings.
(2) INDUSTRIAL SEWAGE OR WASTES Includes the water carried wastes of any
industrial process as distinct from domestic or sanitary sewage. All substances
carried in industrial wastes,whether dissolved, in suspension, or mechanically
carried by water, shall be considered asindustrial wastes. At the present, no
industrial wastes exist or are anticipated.
(3) STORMWATER Includes the runoff or discharge of rain and melted snow or
other water from roofs; surfaces of public or private lands or elsewhere.
"Stormwater" also shall include "subsoil drainage" as defined herein.
(4) SUBSOIL DRAINAGE Includes water from the soil percolating into subsoil
drains and through foundation walls, basement floors or underground pipes.
(5) COOLING WATER Includes the wastewater from air conditioning, industrial
cooling, condensing and hydraulically powered equipment or similar apparatus.
(6) GARBAGE Solid wastes from the preparation, cooking and dispensing of food,
and from the handling, storage and sale of produce. "Properly shredded garbage"
shall mean garbage which has been shredded so that no garbage particles will be
greater than 1/2 inch in any dimension.
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 or
wastewater.
SEWER or DRAIN The pipe or conduit, together with manholes and other structures or
equipment appurtenant thereto, provided to carry sewage, waste liquids, stormwater or other
waters. Sewers shall be further classified as follows:
(1) PUBLIC SEWER A trunk, main or lateral sewer up to and including the Y-branch
or tee provided for connection thereto,and to which all owners of abutting
properties have equal rights, and which is controlled by public authority. The
public sewer does not include the building or house sewer or the building lateral
after it is connected with a building sewer.
(2) SANITARY SEWER A sewer which carries only sanitary sewage and an
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Resolution 2022-88 Board Meeting of January 4, 2022
acceptable discharge of industrial wastes and to which stormwater, subsoil
drainage and cooling water are not intentionally admitted.
(3) COMBINED SEWER A sewer receiving both stormwater and domestic sewage.
(4) STORM SEWER or STORM DRAIN A pipe line carrying stormwater, subsoil
drainage, acceptable cooling water or other clean waters, but excluding domestic
sewage and industrial wastes.
(5) BUILDING DRAIN That part of the lowest horizontal piping of a building
drainage system that receives the discharge from the soil, waste and other
drainage pipes inside the walls of the building and conveys it to the building
sewer, beginning five feet outside the inner face of the building wall.
(6) BUILDING OR HOUSE SEWER The extension from the building drain to the
public sewer.
(7) BUILDING CONNECTION LATERAL The pipe laid incidental to the original
construction of a public sewer from said public sewer up to and including the
Y-branch, tee or other connection provided for use thereafter as part of a building
connection.
SLUGS Any discharge of water, sewage or industrial waste, which in concentration of any given
constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more
than five times the average twenty-four-hour concentration or flows during normal operation.
SUPERINTENDENT An agent of the FISD.
SUSPENDED SOLIDS Solids that either float on the surface of, or are in suspension in water,
sewage or other liquids, and which are removable by filtering as prescribed in Standard Methods
for the Examination of Water, Sewage, and Industrial Waste,"American Public Health
Association. ' '
WATERCOURSE A channel in which a flow of water occurs, either continuously or
intermittently.
B. Word usage. "Shall" is mandatory; "may" is permissive.
§ 215-37 3 General waste disposal requirements.
A. It shall be unlawful for any person to place, deposit or permit to be deposited in
any manner upon public or private property within the FISD, or in any area under
the jurisdiction of said District, any human or animal excrement, garbage or other
objectionable waste.
B. It shall be unlawful to discharge to any natural outlet or storm sewer within the
FISD, or in any area under the jurisdiction of said District, any sanitary sewage,
industrial wastes or other polluted waters, except where suitable treatment has
been provided in accordance with subsequent provisions of this Part 2 1 and the
applicable state regulations.
C. The owner(s) of all houses, buildings or'properties used for human occupancy,
employment, recreation, or other purposes, situated within the FISD 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 District may, afthe
option of the District and at the owner's expense, be required to install a building
sewer to connect their building drain to the public sewer in accordance with the
provisions of this regulation, within 90 days after date of official notice to do so.
D. It shall be unlawful for any person to construct or repair any privy, privy vault,
septic tank, cesspool or other facility intended for the disposal of sewage if public
sewers are available.
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Resolution 2022-88 Board Meeting of January 4, 2022
E. Where a public sanitary or combined sewer is not available, the building sewer
shall be connected to a private sewage disposal system complying with the
provisions of this section.
(1) Before commencement of construction of a private sewage disposal
system, the owner shall first obtain a written permit signed by the
Superintendent. The application for such permit shall be made on a form
furnished by the FISD which the applicant shall supplement by any plans,
specifications and other information as are deemed necessary by the
Superintendent.
(2) A permit for a private sewage disposal shall not become effective until the
installation is completed to the satisfaction of the Superintendent. He shall
be allowed to inspect the work at any stage of construction, and, in any
event,the applicant for the permit shall notify the Superintendent when the
work is ready for final inspection and before any underground portions are
covered.
(3) The type, capacities, location and layout of a private sewage disposal
system shall comply with all recommendations of the Department of
Public Health of the State of New York.No permit shall be issued for any
private sewage disposal system employing subsurface soil-absorption
facilities unless the following conditions are met:
(a) The realty subdivision or development is located outside of Groundwater
Management Zones III or VI, and all parcels in the realty subdivision or
development consist of an area at least 20,000 square feet; or in the case of
a clustered realty subdivision or development, the population density
equivalent is equal to or less than that of a realty subdivision or
development of single-family residences in which all parcels consist of an
area of at least 20,000 square feet.
(b) The realty subdivision or development is located within
groundwater Management Zones III or VI, and all parcels in the
realty subdivision or development consist of an area of at least
40,000 square feet; or in the case of dclustered realty subdivision
or development, the population density equivalent is equal to or
less than that of a realty subdivision or development of single-
family residences in which all parcels consist of an area of at least
40,000 square feet.
(c) The realty subdivision or development or any portion thereof, is
not located within an existing sewer district and is located in an
area where subsoil and groundwater conditions are conducive to
the proper functioning of individual sewage systems.
(d) The individual sewage works comply with the Department's
current standards and the minimum state requirements as set forth
in NYCRR, Part 75, to the extent applicable to Suffolk County.
(e) The Suffolk County Water Facilities Requirements are complied
with.
(4) At such time as a public sewer becomes available to a property served by a
private sewage disposal system, as provided in § 215--3-7E 3E above,the
building sewer shall be connected to the public sewer in compliance with
§ 215-3-7-G 3C, and any septic tanks, cesspools and similar private
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Resolution 2022-88 Board Meeting of January 4, 2022
sewage disposal facilities shall be abandoned and filled with clean bank
run gravel, dirt or any other suitable material as approved by the FISD.
(5) The owner shall operate and maintain the private sewage disposal facilities
in a sanitary manner at all times, at the owner(s) expense.
(6) No statement contained in this section shall be construed to interfere with
any additional requirements that may be imposed by the Health Officer.
§ 215-39 4 General discharge prohibitions.
A. No person shall discharge into any public sewer of the FISD any waste, substance
or waters other than such kinds or types of waters or water-carried wastes for the
conveyance of which the particular public sewer is intended, designed or
provided.
B. No person shall discharge or cause to be discharged any stormwater, surface
water, groundwater, roof runoff, subsurface drainage, cooling water,
air-conditioning and refrigerating wastewaters or unpolluted industrial process
waters to any sanitary sewer.
C. Industrial cooling water or unpolluted process waters or stormwater and all other
unpolluted drainage may not be discharged to sanitary sewers.
D. No person(s) shall discharge or cause to be discharged any of the following
described waters or wastes to any public sewers:
(1) Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive
liquid, solid or gas.
(2) Any waters 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 waste treatment process, to constitute a hazard
to humans or animals,to create a public nuisance or to create any hazard
in the receiving waters of the wastewater treatment plant.
(3) Any waters or wastes having a pH lower than 6.5 or in excess of 9.0, or
having any other corrosive property capable of causing damage or hazard
to structures, equipment and personnel of the wastewater works.
(4) Any waters or wastes containing heat in such quantities as to cause
influent temperature at the treatment facility to exceed 104° F. (40° C.).
(5) Solid or highly viscous substances in quantities of or such size capable of
- causing obstruction to the flow in sewers or other interference with the
proper operation of the wastewater facilities such as, but not limited to,
ashes, bones, cinders, sand, mud, straw, shavings, metal, glass, rags,
feathers, tar, plastics, wood, unground garbage, whole blood, paunch
manure, hair and fleshings, entrails, paper dishes, cups, milk
containers, etc., either whole or ground by garbage grinders.
(6) Any substances which may cause the wastewater treatment facility's
effluent or any other produce of the wastewater facility such as residues,
sludges or scums to be unsuitable for reclamation process where the
wastewater facility is pursuing a reuse and reclamation program. In no
case, shall a substance discharged to the wastewater-facility cause the
facility to be in noncompliance with sludge use or disposal criteria,
guidelines or regulations developed under Section 405 of the Clean Water
Act; any criteria, guidelines or regulations affecting sludge use or disposal
developed pursuant to the Resource Conservation and Recovery Act, the
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Clean Air Act or the Toxic Substances Control Act; or state criteria
applicable to the sludge management method being used.
(7) Any liquids, solids or gases which, by reason of their nature or quantity,
are, or may be, sufficient either alone or by interaction with other
substances to cause fire or explosion or be injurious in any other way to
the wastewater treatment facility or to the operation of the wastewater
treatment facility. At no time, shall two successive readings on an
explosion hazard meter, at the point of discharge into the sewage
collection system (or at any point in the system) be more than 5% nor any
single reading over 10% of the lower explosive limit (LEL) of the meter.
E. The following described substances, materials, waters or waste shall be limited in
discharges to municipal systems to concentrations or quantities which will not
harm either the sewers, wastewater treatment process or equipment, will not have
an adverse effect on the receiving water or will not otherwise endanger lives, limb
or public property, or constitute a nuisance. The FISD, acting upon the
recommendation of technical advisors, may set limitations lower than the
limitations established in the regulations below, if in their opinion, such more
severe limitations are necessary to meet the above objectives. In forming their
opinion as to the acceptability, the Water Pollution Control Authority will give
consideration to such factors as the quantity of subject waste in relation to flows
and velocities in the sewers, materials of construction of the sewers, the
wastewater treatment plant, degree of treatability of the waste in the wastewater
treatment plant and other pertinent factors. The limitations of restrictions on
materials or characteristics of waste or wastewaters discharged to the sanitary
sewer which shall not be violated without approval_of the Water Pollution Control
Authority are as follows:
(1) Wastewater having a temperature higher than 150° F. (65° C.).
(2) Any water or waste containing fats, wax, grease or oils, whether
emulsified or not, in excess of 100 mg/l or containing substances which
may solidify or become highly viscous at temperatures between 32° and
150° F. (0° and 65° C.).
(3) Wastewater from industrial plants containing floatable oils, fat or grease.
(4) Any garbage that has not been properly shredded.
(5) Any water or wastes having a concentration of any of the following
pollutants in excess of the following limits:
Pollutant Concentration in Parts Per Million (mg/1)
Arsenic as As 0.05
Barium as Ba 5.00
Boron as Bo 5.00
Cyanides as CN (amenable) 0.10
Flourides as F 20.00
Chromium (Total) 1.00
Chromium (Cr+ 6) 0.10
Magnesium as MG 100.00
Manganese as Mn 5.00
Copper as Cu 1.00
Zinc as Zn 1.00
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Cadmium 0.10
Lead 0.10
Tin 2.00
Silver 0.10
Mercury 0.01
Nickel 1.00
NOTE: All metals are to be measured as total metals.
(6) 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 FISD for such materials.
(7) Any waters or wastes containing odor-producing substances exceeding
limits which may be established by the FISD.
(8) Any radioactive wastes or isotopes of such half-life or concentration as
may exceed limits established by the FISD in compliance with applicable
state or federal regulations.
(9) Materials which exert or cause:
(a) Unusual concentrations of inert suspended solids, such as but not
limited to, fuller's earth, lime slurries and lime residues, or of
dissolved solids, such as but not limited to, sodium chloride and
sodium sulfate.
(b) Excessive discoloration, such as but not limited to dye wastes and
vegetable tanning solutions.
(c) Unusual BOD, COD or chlorine requirements in such quantities as
to constitute a significant load on the sewage treatment works.
(d) Unusual volume of flow or concentration of wastes constituting
slugs as defined herein. All slug discharges, despite their severity,
will be reported to the FISD prior to the time of discharge.
(e) Any other wastes deemed unacceptable by the FISD.
(10) Waters or wastes containing substances which are not amenable to
treatment or reduction by the wastewater treatment process employed, or
are amenable to treatment only to such degree that the wastewater
treatment plant effluent cannot meet the requirements of agencies having
jurisdiction over discharge to the receiving waters.
(11) Any water or wastes which, by interaction with other water or wastes in
the public sewer system, release obnoxious gases, form suspended solids
which interfere with the collection system or create a condition deleterious
to structures and treatment processes or which may cause the effluent
limitations of the NPDES discharge permit to be exceeded.
F. Restriction of deleterious waste flows:
(1) If any waters or wastes are discharged or are proposed to be discharged to
the public sewers, which waters contain the substance or possess the
characteristics enumerated in § 215-3SE 4E of this Part 21, and/or
which, in the judgment of the Water Pollution Control Authority, may
have a deleterious effect upon the wastewater facilities, processes,
equipment or receiving waters, or which otherwise create a hazard to life
or constitute a public nuisance, the FISD may:
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(a) Reject the wastes;
(b) Require pretreatment to an acceptable condition for discharge to
the public sewers;
(c) Require control over the quantities and rates of discharge; and/or
(d) Require payment to cover the added cost of handling and treating
the wastes.
(2) If the FISD and DEC allows 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 Water Pollution Control
Authority and DEC and subject to the requirements of all applicable
codes, ordinances and laws.
G. Grease, oil and sand interceptors shall be provided when, the opinion of the FISD,
they are necessary for the proper handling of liquid wastes containing floatable
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 FISD and shall be located as to be readily and easily accessible
for cleaning and inspection.
H. Where pretreatment of flow-equalizing facilities are provided or required for any
waters or wastes, they shall be maintained continuously in satisfactory and
effective operation by the owner(s) at his expense.
i 1. When required by the DEC or the FISD, the owner of any property serviced by a
building sewer carrying industrial wastes shall install a suitable structure together
with such necessary meters and other appurtenances in the building sewer to
facilitate observation, sampling and measurement of the wastes. Such structure,
when required, shall be accessibly and safely located, and shall be constructed in
accordance with plans approved by the FISD. The structure shall be installed by
the owner(s) at his expense and shall be maintained by him so as to be safe,
accessible and in satisfactory operation at all times.
J. The FISD may require a user of sewer services to provide information needed to
determine compliance with this Part-2 1. These requirements may include but are
not limited to:
(1) Wastewater discharge peak rate and volume over a specified time period.
(2) Periodic chemical analyses of wastewaters.
(3) Information on raw materials, processes and products affecting wastewater
volume and quality.
(4) Quantity and disposition of specific liquid, sludge, oil, solvent or other
materials important to sewer use control.
(5) A plot plan of sewers of the users property showing sewer- and
pretreatment facilities location.
(6) Details of wastewater pretreatment facilities.
(7) Details of systems to prevent and control the losses of materials through
spills to the municipal sewer.
(8) Provide certification that the user is not discharging contaminated water
such as stormwater, groundwater or subsurface drainage to the sanitary
sewer system and that the piping system to convey such waters is
completely separate from the sanitary sewer system.
K. All measurements, tests and analyses of the characteristics of waters and wastes to
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which reference is made in this Part 2 1 shall be determined in accordance with
the latest edition of Standard Methods for the Examination of Water and
Wastewater,published by the American Public Health Association. Sampling
methods, location, times, durations and frequencies are to be determined on an
individual basis subject to approval by the Superintendent. Sampling shall be
carried out by customarily accepted methods to reflect the effect of constituents
upon the sewage works and to determine the existence of hazards to life, limb and
property. The particular analyses involved will determine whether a
twenty-four-hour composite of all outfalls of a premises is appropriate or whether
a grab sample or samples should be taken. Normally, but not always, BOD and
suspended solids analyses are obtained from twenty-four-hour composites of all
outfalls whereas pH's are determined from periodic grab samples.
L. The admission in the public sewer of any waters or wastes having a five-day BOD
greater than 300 milligrams per liter by weight, or containing more than 350
milligrams per liter by weight of suspended solids, or containing any quantity of
substance having the characteristics described in § 215-3-8D 4D or having a
chlorine demand of more than 15 milligrams per liter by weight or having an
average daily flow greater than 10% of the average daily sewage flow of the
District, shall be subject to the review and approval of the FISD. Where necessary
in the opinion of the FISD, the owner(s) shall provide, at his expense, such
preliminary treatment as may be necessary to reduce the BOD to 300 milligrams
per liter by weight, the suspended solids to 350 milligrams per liter by weight, and
the chlorine demand to 15 milligrams per liter by weight, or to reduce
objectionable characteristics or constituents to within the maximum limits
provided for in § 215--3-&D 4D or to control the quantities and rates of discharge
of such waters or wastes. Plans, specifications and any other pertinent information
relating to proposed preliminary treatment facilities shall be submitted for the
approval of the FISD and of any or all state regulatory agencies having
jurisdiction, and no construction of such facilities shall be commenced until said
approvals are obtained in writing.
M. Determination of exclusion of wastes. In determining whether any waste
discharged or proposed to be discharged into any public sewer is to be excluded,
consideration will be given to the quantity; time or times, rate and manner of
discharge, dilution and character of the waste in question, the size of the sewer
into which the waste is to be discharged, the probable quantity of sewage or other
wastes likely in said sewer-and other pertinent facts. Minute quantities of a waste
which would be objectionable in larger quantities may be accepted if sufficiently
diluted when and as discharged, or if the quantity discharged is small as compared
with the flow in the receiving sewer; but any permission to discharge minute
quantities of an otherwise excluded waste shall be revocable at any time by the
Superintendent.
N. Pretreatment facilities. At all premises where wastes or substances specified to be
excluded from public sewers by these regulations are present and liable to be
discharged directly or indirectly into said sewers, suitable and sufficient piping
layouts, oil, grease, sand and flammable waste traps or separators, screens,
settling tanks, diluting devices; storage or regulating chambers, treatment, cooling
or other- equipment and devices shall be provided. These shall be maintained and
properly operated by the owner(s) of the premises or his agent at his expense to
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ensure that no waste or substance is discharged in violation of the requirements of
these regulations.
O. All measurements, tests and analyses of the characteristics of waters and wastes to
which reference is made in this section shall be determined in accordance with the
latest,edition of Standard Methods for the Examination of Water and Sewage. In
the event that no special manhole has been required, the control manhole shall be
considered to be the nearest downstream manhole in the public sewer to the point
at which the building sewer is connected.
P.' Each user shall provide protection from accidental discharge of prohibited
materials or other substances regulated by this Part-21. Facilities to prevent
accidental discharge of prohibited materials shall be provided and maintained at
the owner(s) or user's own cost and expense. The Commissioner of DEC may
require that plans showing facilities and operating procedures be submitted for
review and approval prior to'construction of the facilities.
(1) Within five days following an accidental discharge, the user shall submit
to the Director and Commissioner of DEC a detailed written report
describing the cause of the discharge and the measures to be taken by the
user to prevent similar future occurrences. Such notification shall not
relieve the user of any expenses, loss, damage or other liability which may
be incurred as a result of damage to the wastewater treatment facility, fish
kills, aquatic plants or any other damage to persons or property; nor shall
such notification relieve the user of any fines, civil penalties or other
liability which may be imposed by this Part-21 or other applicable law.
(2) A notice shall be permanently posted on the user's bulletin board or other
prominent place advising employees whom to call in the event of a
dangerous discharge. Employers shall ensure that all employees are
advised of the emergency notification procedure.
§ 215--N 5 Discharges from private systems.
No person shall discharge or cause to be discharged into any public sewer, either directly or
indirectly, any overflow or effluent from a septic tank, cesspool, subsurface drainage trench, bed
or filter or other receptacle storing organic waste.
§ 215-49 6 Permit required to work on public sewers; tampering prohibited; penalties.
A. Connections to, alterations to or repairs to any public sewer or the manholes or
other appurtenances of said sewer system in the'FISD shall not be made by any
person without a permit issued by the Superintendent.
B. No unauthorized person shall open the cover of, enter or alter any manhole or
other appurtenance of any public sewer, place or insert in any public sewer or its
appurtenances any foreign material which said sewer or its appurtenances was not
intended to receive nor shall any person damage, destroy, uncover, deface or
tamper in any way with any public sewer or its appurtenances. Any person
violating this provision of this Part 2 1 shall be'subject to arrest under a charge of
disorderly conduct.
§ 215-44- 7 Building sewer permits; fees.
A Application-and fees.
(1) There shall be building permits for sewers for residential and commercial
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service. The owner(s) or his agent shall make application on a special
form furnished by the District.
(2) The application shall state the location and character of the work to be
performed, the person granted permission to perform such work, the time
limit for completion of the work, the general character of the wastes which
are or may be discharged into the sewer in question and any other
pertinent information or conditions. The permit application shall be
supplemented by any plans, specifications or other information considered
pertinent in the judgment of the Superintendent. A permit and inspection
fee of$200 for one- and two-family dwellings, $200 each for first two
dwellings and $150 each additional dwelling unit for multifamily
dwellings and $1,000 per acre of developed land or fraction thereof for
institutional type buildings, such as schools, churches, etc., and for retail
and commercial property shall be paid to the FISD at the time the
application is filed.
(3) In those cases where a sewer connection charge has been levied or will be
levied, the charge for permit and inspection fee of$200 for one- and
two-family dwellings shall be waived.
B. All costs and expenses incident to the installation and connection of the building
sewer shall be borne by the owner(s). All building sewers shall be maintained by
the owner(s) of the property served. When a building connection lateral has been
connected with a building sewer, the lateral shall become and thereafter be a part
of such building connection and shall be maintained at the expense of the
owner(s) of the property.
C. No person, other than those working for and under the direction of the
Superintendent shall excavate, construct, install, lay, repair, alter or remove any
building or house sewer, or any appurtenance thereof, within the FISD, if such
sewer is connected or discharged or is intended at some future time to be
connected or discharged, directly or indirectly, into any public sewer of said
District, until said person has a permit secured by the owner(s) (or his agent) of
the property in question for doing such work, and further provided that said
person has been granted a license to perform said work by the State of New York
under the stipulations and requirements of§ 215-42 8 of this Part 21.
D. Any permit may be suspended or terminated by the FISD on written notice to the
permittee for violation of the conditions thereof or for any violation of the
requirements of this Part 2 1 or for other reasons in the public interest.
§ 215-42 8 Persons authorized to work on sewers; licensed drain layers.
A. Only the following person or persons shall construct, repair, alter or remove
building sewers or make connections therefrom to a public sewer:
(1) Regular forces of or a contractor employed by the FISD.
(2) Regular forces of any public utility corporation while engaged in work
incidental to the regular structures of said utility company and operating
under a permit issued by the FISD.
(3) Any person who shall have been licensed by the State of New York to
perform work of this type during the period provided by the license and
under the conditions of the license. Such persons shall be called "licensed
drain layers," as defined in § 215-36A 2A. All drains and fixtures within
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structures shall be connected by plumbers and others in conformity with
the requirements of this Part 21 as to what may or what shall not be
discharged into public sewers.
B. Any person licensed as a drain layer shall give personal attention to the work
performed and shall employ only competent persons, who are familiar with this
Part 21.
C. Each licensed drain layer shall file with the FISD a performance and guaranty
bond,which shall remain in full force for at least 12 months from the date of
application for a permit as provided in § 215-44-7, in the amount of not less than
$5,000 in form and with surety satisfactory to the FISD: The applicant shall
indemnify the Town of Southold for any negligence or omission of the applicant
or his agents while operating under the license applied for; that the applicant shall
reimburse the FISD for any expense to said FISD arising from any injury or
damage to any sewer or other property of said Town or by reason of any violation
by the applicant or his agents of any requirement of this Part 21; that the
applicant shall faithfully execute all work required under the license as granted;
that the applicant shall restore that portion of any street or public place in which
the applicant may have made an excavation incidental to his work to as good a
condition as it was prior to said work and also shall maintain said street or public
place in like good condition to"the satisfaction of said municipality for a period of
six months after said restoration; that the applicant shall reimburse the FISD or
the Town of Southold for the expense of repairs to any street or public place made
necessary by reason of any excavation made by the applicant; and that the
applicant shall comply with all rules, regulations, laws, ordinances, etc., relative
to work in public streets and public places.
D. Each licensed drain layer shall file with the FISD a certificate or certification of
public liability and property damage insurance, which shall remain in full force
for at least 12 months from the date of application for permit as provided in §
215-44-7, in an amount of not less than $100,000 for injuries, including accidental
death, to any one person and subject to the same limit for each person, in an
amount not less than $500,000 on account of any one accident and property
damage insurance in an amount not less than $10,000. The District shall be
included as an assured or, in lieu thereof,the drain layer shall file with the
Superintendent an owner's protective liability and property damage insurance
policy in the same limits as aforementioned. Each insurance certificate and policy
shall contain'a statement by the insurance carrier not to cancel the policy or
policies except upon 15 days' notice to the representative.
E. Each licensed drain layer shall file with the FISD a certificate of policy covering
workmen's compensation insurance, which shall remain in force for at least 12
months from the date of application, for a permit as provided in § 215-44-7.
§ 215-42 9 Standards for building sewers.
The following requirements of this section shall apply to any person licensed to do sewer work
and who has a,building or house sewer permit to do such sewer work as provided in §§ 215-44- 7
and 215-42 8 of this Part
2 1.
A. Old building sewers may be used and connected to a public sewer when serving
new buildings only when they are found on examination or test by the Town
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Engineer to meet all requirements of this section. The Town Engineer may
require, where indicated, the uncovering of old sewers for inspection.
B. A'separate and independent building sewer shall be provided for every building,
except that, when two or more buildings are so situated that separate and
independent building sewers for each building would be impractical or impose
unnecessary hardship, the FISD may authorize a single building sewer connection
to the public sewer subject to such terms and conditions as to easement, design
and construction as the Town Engineer may require.
C. No building shall be connected to a public sewer unless the plumbing system of
said building has a soil vent pipe extended to a point above the roof. The FISD
may require that no running trap, main house trap or other device which might
prevent the free flow of air throughout the whole course of the building sewer,
house drain and said soil vent pipe, will be allowed.
D. The building sewer shall be cast-iron soil pipe, vitrified clay sewer pipe, polyvinyl
chloride pipe or other suitable material approved by the FISD. All pipe materials
shall conform to the latest standard specifications of the ASTM as approved by
the FISD. Any part of the building sewer that is located within 10 feet of a water
service pipe shall be constructed of cast-iron soil pipe. Wherever possible;water
service and house sewer pipes shall be laid in separate trenches. Where laid in the
same trench, the water pipe shall be laid on a bench at least 12 inches above the
top of the sewer pipe and at least 12 inches, and preferably 18 inches, from the
side of the sewer trench. Cast-iron pipe may be required where the building sewer
is exposed to damage by tree roots. If installed in filled or unstable ground, the
building sewer shall be of cast-iron soil pipe, except that nonmetallic material
may be accepted if laid on a suitable concrete bed or cradle as approved by the
' FISD. No building sewer shall be located within 25 feet of a cellar drain or
groundwater drain unless pipe is of cast-iron.
E. The size and slope of the building sewer shall be subject to the approval of the
FISD, but in no event shall the diameter be less than six inches. The slope of such
six-inch pipe shall be not less than 1/4 inch per foot.
F. In all buildings where the building drain is too low to permit gravity flow to the
public sewer, sewage or other wastewaters carried by such drain shall be lifted by
approved artificial means and discharged to the building sewer through a cast-iron
force main. All building drains,whether force mains or gravity lines, shall be of
cast-iron soil pipe from the inner face of the building wall to the point of
connection with the building or house sewer, and all joints, including that with the
building sewer, shall be made gastight and watertight by a method approved by
the Town Engineer.
G. Excavations and laying of building sewers.
(1) All excavations required for the installation of building sewer shall be
open trench work unless otherwise approved by the Town Engineer.
Whenever possible the building.sewer shall be brought to the building at
an elevation below the basement floor.No building sewer shall be laid
parallel to or within three feet of any bearing wall which might thereby be
weakened. The depth of the building sewer shall be sufficient to afford
protection from frost and in general such depth shall not be less than three
feet below the finished ground surface at all points. All building sewers
shall be laid at uniform grade and in straight alignment insofar as possible.
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(2) Building sewers shall be laid in the following manner: Gravel bedding
material will be required below all pipe and all utility structures. Gravel
bedding shall be placed to the full width of the trench and to a depth of six
inches below the bottom of the pipe invert. Gravel bedding shall be placed
12 inches beyond the widths of a utility structure foundation(base) and to
a depth of six inches from the bottom of the excavation to the bottom of
the foundation (base). After a pipe is bedded the trench shall be filled to
the center line of the pipe with gravel bedding except at the joint. After the
joint is inspected, that portion around the pipe shall be carefully and
thoroughly tamped. From the center line of the pipe to a point 12 inches
above the top of the pipe, the backfill shall be sand, placed by hand and
hand tamped. Above this point, backfill shall be suitable material from
excavation or bank-run gravel. This backfill shall be placed in layers eight
inches deep and each layer shall be compacted with mechanical tampers to
not less than 95% of maximum dry density.
(3) Building sewers shall be located at a sufficient distance from other parallel
pipes to permit alterations or repairs to any such pipes or the sewer pipe
without disturbing the other; they shall be well cleaned inside after laying;
and they shall conform to all reasonable requirements for good
r
constructions.
(4) The open ends of building sewers, building drains and building connection
laterals shall be kept closed or protected during construction and during
periods when work is suspended in order to exclude from the public sewer
all water or debris which might obstruct, damage or otherwise be
detrimental to.the public sewer or sewage works. Abandoned building
sewers or drains shall be likewise promptly closed and sealed off from any
public sewer at the expense of the owner of the property.
H. All joints and connections for or between building sewers, building drains and
building connection laterals shall be made gastight and watertight as follows:
(1) Cast-iron, vitrified-clay sewer pipe, polyvinyl chloride pipe or other
suitable material approved by the FISD shall be gasketed and equipped
with tyton or mechanical joints. The pipe and joints shall conform to all
applicable ASA and ASTM specifications. No paint, varnish or other
coatings shall be permitted on any joint until after the joint has been tested
and approved.
(2) Air testing.
(a) The District shall require the use of low-pressure air testing of
gravity sewers to ensure that the joints are gastight and watertight.
The sewer line under test shall be plugged at both ends. The air
hose shall be connected to a tapped plug to be used for air inlet to
the line. The hose will be connected to portable air control
equipment which must include a shut-off valve,
pressure-regulating valve, pressure-reduction valve and a
monitoring pressure gauge with range from zero to five pounds per
square inch. Air shall be introduced from the air source
through the control equipment to the pipeline.
(b) Air shall be slowly supplied to the test section, until a constant
pressure of 3.5 pounds per square inch gauge is maintained. The
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air pressure shall be regulated to prevent the pressure inside the
pipe from exceeding 5.0 pounds per square inch gauge. When
constant pressure of 3.5 pounds per square inch gauge is reached,
the air supply shall be throttled to maintain the internal pressure
above 3.0 pounds per square inch gauge and shut off or
disconnected from the air supply. The gauge shall be observed
until the air pressure reaches 3.0 pounds per square inch gauge. At
3.0 pounds per square inch gauge, the pressure drop shall be timed
with a stop watch until the pressure drops to 2.5 pounds per
square inch gauge. The time required for this
zero-and-five-tenth-pound-per-square-inch-gauge pressure drop
shall be recorded and compared to the following tabulation.
(c) Time requirements.
[1] If the time for the zero-and-five-tenth-pound-per-square -
inch-gauge drop is less than that shown, the section will be
considered to have failed, and the source of leakage must
be located, repaired and the section retested.
Time Requirements for Air Testing
Pipe Size (inches) Time (minutes)
8 or less 5:06
10 6:22
12 7:39
14 9:35
[2] Where groundwater level is about the invert of the sewer
line, the air test pressure must be increased 0.43 pounds per
square inch for each foot the groundwater level is above the
invert of the pipe, and the resulting pressure computed will
be used for the starting pressure. The allowable drop (0.5
pounds per square inch gauge) and the time requirements
will not change.
[3] All joints in vitrified clay pipe, polyvinyl chloride pipe or
other approved pipe or between such pipes shall be made
with rubber or similar gaskets. Hot poured jointing
materials or cement mortar shall not be approved. Pipe and
joints shall conform to all applicable ASTM
specifications.
[4] Any jointing materials, other than those described in
Subsection H(1), (2) and (3) may be used only upon
approval by the Town Engineer.
[5] The connection of the building sewer into the public sewer
shall be made at the Y-branch if such branch is available at
a suitable location. If the public sewer is 12 inches in
diameter or less, and no properly located Y-branch is
available, the owner(s) shall at his expense install a Y-
branch in the public sewer at the location specified by the
Town Engineer. Where the public sewer is greater than 12
inches in diameter, and no properly located Y-branch is
Updated: 1/14/2022 10:01 AM by Lynda Rudder Page 22
Resolution 2022-88 Board Meeting of January 4, 2022
available, a neat hole may be cut into the public sewer to
receive the building sewer, with entry in the downstream
direction at an angle of about 45°. A forty-five-degree L
may be used to make such connection, with the spigot end
cut so as not to extend past the inner surface of the public
sewer. Where street sewers are of asbestos-cement sewer
pipe, the connection may be made with a cast-iron saddle in
the event that no fitting is available on the street sewer. The
invert ofthe building sewer at the point of connection to
twelve-inch diameter sewers or larger shall be connected to
either match the center lines of such street sewers or be
higher. A smooth neat joint shall be made, and the
connection made secure and watertight by encasement in
concrete. Special fittings may be used on the connection
only when approved by the District.
I. When the building sewer trench has been excavated, and the building sewer
repaired, altered or constructed, and is ready for inspection and connection to the
public sewer, the Town Engineer shall be notified during regular working hours
not less than eight hours in advance of the time when the connection to the public
sewer is planned. The connection of the building sewer to the public sewer shall
be made under the supervision of the-FISD, and a record of all said connections
shall be kept by the District. If any person constructs, installs, alters or repairs any
building sewer or drain connecting with a public sewer in the District in violation
-of any section of this Part 21 or fails to give adequate notice to the Town
Engineer for an inspection of the work, said Town Engineer may order all or any
portion of said work to be uncovered for inspection and approval.
J. All excavations for building sewer installations shall be adequately guarded with
barricades and lights so as to protect the public from hazard.
K. If any person, after proper order or direction from the District fails to remedy any
violation of this section or of any other section of these regulations,the Town
Engineer may disconnect the building sewer of the property where the violation
exists from the public sewer and may collect the cost of making such
disconnection from any person or persons responsible for, or willfully concerned
in, or who profited by such violation of the requirements of these regulations.
§ 215-44 10 Powers and authority of inspectors.
A. The Superintendent and any duly authorized employees of the District, the
Environmental Protection Agency and/or the DEC bearing proper credentials and
identification shall be permitted to enter all properties for the purpose of
inspection, observation, measurement, sampling and testing in accordance with
the provisions of this Part 21. The Superintendent or his representative shall have
no authority to inquire into any processes including metallurgical, chemical, oil,
refining, ceramic, paper or other industries beyond that point that has a direct
bearing on the kind and source of discharge to the sewers or waterways or
facilities for waste treatment.
B. While performing the necessary work on private properties referred to in §
215-44A l0A above, the Superintendent or duly authorized employees of the
District shall observe all safety rules applicable to the premises established by the
Updated: 1/14/2022 10:01 AM by Lynda Rudder Page 23
Resolution 2022-88 Board Meeting of January 4, 2022
owner(s) and the owner(s) shall be held harmless for injury or death to the District
employees and against liability claims and demands for personal injury or
property damage asserted against the owner(s) and growing out of the
gauging and sampling operation, except as such may be caused by negligence or
failure of the owner(s)to maintain safe conditions as required in § 215-3-8-l-. 4I.
C. All duly authorized employees and/or representatives of the District bearing
proper credentials and identification shall be permitted to enter all private
properties through which the District holds a duly negotiated easement for the
purposes of, but not limited to inspection, observation, measurement, sampling,
repair and maintenance of any portion of the sewage works lying within said
easement. All entry and subsequent work, if any, on said easement shall be done
in full accordance with the terms of the duly negotiated easement pertaining to
the private property involved.
§ 215-4-5 11 Penalties for offenses; disconnection.
A. Any person found to be violating any provision of this Part 2 1 except § 215-40 6
shall be served by the District 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 violate any provision of this Part 21 shall be guilty of an
offense punishable by a fine not to exceed $5,000 or imprisonment for a period
not to exceed 15 days, or both such fine and imprisonment. Each day that any
violation of this Part-21 continues and each day that any person continues to
discharge prohibited wastes or substances into any public sewer shall be deemed
to be a separate and additional offense.
C. Any person who fails to cease and desist violation of this Part 2 1 upon
notification thereof may, after the period of time stated in the notice for correction
thereof, be disconnected from the public sewer system. Notice of disconnection
shall be served by the District not less than 10 days prior to the actual
disconnection.
§ 215-46 12 Discretionary monitoring of effluents.
The District may require as a condition to the connection and/or continued use of the District's
sewer facilities that flow-metering, pH-monitoring and suitable effluent-sampling stations be
provided at the owner'(s) expense by industry connected to the District sewer system as required
by prudent engineering standards.
§ 215-47 13 Severability.
If any section, clause, sentence or provision of this Part 2 1 be adjudged invalid or
unenforceable, such adjudications shall not affect the validity of any other provision hereof, but
all other provisions shall be deemed valid and effective and shall remain in full force and effect.
Part 3.2 Sewer Rents and Charges
Article XV II Sewer Rents and Charges
§ 215-48 14 Purpose.
Pursuant to the provisions of Article 14-F of the General Municipal Law, the Town Board, acting
Updated: 1/14/2022 10:01 AM by Lynda Rudder Page 24
Resolution 2022-88 Board Meeting of January 4, 2022
for and on behalf of the Fishers Island Sewer District (FISD), does hereby establish a scale of
annual charged to be called "sewer rents" for the use of the sewer system within the FISD.
§ 215-49 15 Rents; penalty for late payment.
A. In addition to any and all other fees and charges provided by law, the owner of a
parcel of land served by the sanitary sewer system of the FISD shall pay an
annual sewer rent for the use of such sanitary sewer system, which shall be based
upon an annual charge of$450 for each separate dwelling unit served by the
system. Such annual sewer rents shall be paid in semiannual installments of$225
on the first day of January and June of each year.
B. If such sewer rents are not paid within 30 days of the due date, a penalty of 5%
shall be paid.
§ 215-58 16 Liens.
Sewer rents shall constitute a lien upon the real property served by the sewer system or such part
or parts thereof for which sewer rents shall have been established or imposed. The lien shall be
prior and superior to every other lien or claim except the lien of an existing tax, assessment or
other lawful charge imposed by or for the state or a political subdivision or district thereof.
§ 215-54 17 Actions to collect rents.
The Town Board, on behalf of the sewer district, may bring and maintain an action as upon
contract for sewer rents in arrears, including penalties and interest, or to foreclose liens for such
sewer rents. As an alternative to the maintenance of any such action, the Town Board may
annually cause a statement to be prepared setting forth the amount of each lien for sewer rents in
arrears, the real property affected thereby and the name of the person in whose name such real
property is assessed. Such statement shall be presented to the board or body empowered to levy
Town taxes on or before a date to be specified by such board or body. Such board or body shall
levy the amounts contained in such statement against the real property liable at the same time
and in the same manner as Town taxes, and such amounts shall be set forth in a separate column
in the annual tax rolls. The amounts so levied shall be collected and enforced in the same manner
and at the same time as may be provided by law for the collection and enforcement of Town
taxes.
§ 215-5-2 18 Sewer rent fund.
A. Revenues derived from sewer rents, including penalties and interest, shall be
credited to a special fund to be known as the "sewer rent fund." Moneys in such
fund shall be used in the following order:
(1) For the payment of the costs of operation, maintenance and repair of the
sewer system or such part or parts thereof for which sewer rents have been
established and imposed.
(2) For the payment of the interest on and amortization of or payment of
indebtedness which has been or shall be incurred for the construction of
the sewer system or such part or parts thereof for which sewer rents have
been established and imposed (other than indebtedness, and the interest
thereon, which is to be paid in the first instance from assessments upon
benefited real property).
(3) For the construction of sewage treatment and disposal works with
necessary appurtenances, including pumping stations, or for the extension,
Updated: 1/]4/2022 10:01 AM by Lynda Rudder Page 25
Resolution 2022-88 Board Meeting of January 4, 2022 '
enlargement or replacement of or additions to such sewer systems or part
or parts thereof.
B. Such revenues from sewer rents shall not be used to finance the cost of any
extension of any part of a sewer system (other than any sewage treatment and
disposal works with necessary appurtenances, including pumping stations) to
serve unsewered areas if such part has been constructed wholly or partly at the
expense of real property especially benefited, or for the payment of the interest on
and the amortization of indebtedness which is to be paid in the first instance from
assessments upon benefited real property.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER:Greg Doroski, Councilman
AYES: Nappa, Doroski, Mealy, Doherty, Evans, Russell
Updated: 1/14/2022 10:01 AM by Lynda Rudder Page 26
1
1 COUNTY OF SUFFOLK: STATE OF NEW YORK
TOWN OF SOUTHOLD
-= 2 --------------------------------------------------
TOWN OF SOUTHOLD
3 REGULAR TOWN BOARD MEETING
PUBLIC HEARING ' S
4 --------------------------------------------------
5
6 Southold, New York
7 January 4, 2022
4 : 30 P .M. _
8
9
10
11 B E F 0 R E :
F ^tiq
12
13 SCOTT A. RUSSELL, SUPERVISOR
14 LOUISA EVANS, JUSTICE
15 JILL DOHERTY, COUNCILWOMAN
16 GREG DOROSKI, COUNCILMAN
17 BRIAN MEALY, COUNCILMAN
18 SARAH NAPPA, COUNCILWOMAN
19
20
21
22
23
24 '
25
2
1 CHAPTER 215 - SEWER AND SEWAGE DISPOSAL
2 COUNCILMAN GREG DOROSKI : So I have
3 here an ad and a publication from the
4 Suffolk Times . I have an invoice from the
5 Suffolk Times . I have the legal notice that
6 it was posted. I am going to read from this
7 notice . Notice is hereby given and
8 presented to the Town Board of the Town of
9 Southold, Suffolk County, New York on the
10 14th of December, 2021 , Local Law entitled,
11 "A Local Law entitled 215 Sewage and Sewage
12 Disposal . A notice is hereby further given
13 that the Town Board of the Town of Southold
14 will hold a Public Hearing on the aforesaid
15 Local Law at the Southold Town Hall, 53095
16 Main Road, Southold, New York on the 4th day
17 of January 2022 at 4 : 30 P .M. , at which time
18 all interested persons will be given an
19 opportunity to be heard. I am going to read
20 a summary of the Local Law. The proposed
21 Local Law for which a Public Hearing is
22 being held proposes to convert the
23 ( inaudible ) permits to a handing placard in
24 lieu of the current stickers and to have
25 applicants to supply additional information
3
1 for said permit . The purpose of this Local
2 Law is to allow for a more visible permit
3 when individuals attempt to use the Southold
4 Transportation. The full text of the
5 proposed Local Law is available for review
6 in the Town Clerks ' website and the Town ' s
7 website .
8 COUNCILWOMAN JILL DOHERTY: Which
9 hearing are we doing?
10 JUSTICE LOUISA EVANS : We ' re doing
11 the Sewers and Sewage disposal .
12 COUNCILMAN GREG DOROSKI : Okay. So I
13 will do the right one . We ' re doing Solid
14 Waste .
15 SUPERVISOR SCOTT RUSSELL : Just read
16 the right summary.
17 COUNCILMAN GREG DOROSKI : The
18 proposed Local Law for which a hearing is
19 being held this evening proposes to amend
20 Chapter 215 of the Town Code, Sewer and
21 Sewage Disposal, remove Part I, Scavenger
22 Waste from the code . The purpose of this
23 Local Law is to remove the sections of the
24 code that are not in use and are not
25 expected to be utilized in the future . This
4
1 will be accomplished by amending Chapter 215
2 Part I of the code and leave in the
3 remaining sections of the Chapter 15 intact .
4 The full text of the proposed Local Law is
5 available for review in the Town Clerk' s
6 office and the Town' s website .
7 SUPERVISOR SCOTT RUSSELL : This is
8 where I am going to afford anybody who would
9 like to address the Board on this particular
10 Public Hearing of the Local Law?
11 (No Response) .
12 JUSTICE LOUISA EVANS : Motion to
13 close the hearing.
14 COUNCILWOMAN JILL DOHERTY : Second.
15 SUPERVISOR SCOTT RUSSELL : All in
16 favor?
17 COUNCILWOMAN SARAH NAPPA: Aye .
18 COUNCILMAN GREG DOROSKI : Aye .
19 COUNCILWOMAN JILL DOHERTY: Aye .
20 COUNCILMAN BRIAN MEALY: Aye .
21 JUSTICE LOUISA EVANS : Aye .
22 SUPERVISOR SCOTT RUSSELL : Aye .
23 ******* ****** ****** ********* ********* *** *** *
24 Chapter 233 - SOLID WASTE
25 COUNCILMAN GREG DOROSKI : Notice is
5
1 hereby given and presented to the Town Board
2 of the Town of Southold, Suffolk County, New
3 York on the 14th of December, 2021 , Local
4 Law entitled, "A Local Law in relation to
5 amendment to Chapter 233 Solid Waste, to
6 revise 233-4 Fees, issuance of permits and
7 licenses ; and notice is hereby further given
8 that the Town Board of the Town of Southold
9 will hold a Public Hearing on the aforesaid
10 Local Law at the Southold Town Hail, 53095
11 Main Road, Southold, New York, on the 4th
12 day of January 2022 at 4 : 30 P .M. , at which
13 time all interested persons will be given an
14 opportunity to be heard. I am going to read
15 a summary of the Local Law, which you may be
16 familiar with . The proposed Local Law for
17 which a Hearing is being held this evening,
18 proposes to convert the payment of permits
19 to a handing placard in lieu of the current
20 stickers and to have applicants provide
21 additional information when applying for
22 said permit . The purpose of this Local Law
23 is to allow for the establishment of a more
24 visible permit, when individuals attempt to
25 use the Southold Transfer Station. The
6
1 full text of the proposed Local Law is
2 available for review in the Town Clerks '
3 office and the Town ' s website . Here I have
4 a notice of publication notarized. This was
5 published -- in the most public place in
6 Southold, the Clerk' s bulletin. And I have
7 a note from Lloyd that it was posted on the
8 website . Here is the ad that was in the
9 Suffolk Times and the paid invoice .
10 SUPERVISOR SCOTT RUSSELL : Would
11 anybody like to address this particular
12 Local Law?
13 JUSTICE LOUISA EVANS : Motion to
14 close the Public Hearing.
15 COUNCILWOMAN JILL DOHERTY: Second.
16 SUPERVISOR SCOTT RUSSELL : All in
17 favor?
18 COUNCILWOMAN SARAH KAPPA: Aye .
19 COUNCILMAN GREG DOROSKI : Aye .
20 COUNCILWOMAN JILL DOHERTY : Aye .
21 COUNCILMAN BRIAN MEALY : Aye .
22 JUSTICE LOUISA EVANS : Aye .
23 SUPERVISOR SCOTT RUSSELL : Aye .
24 * ***************** ****** *** * *** **********
25 CHAPTER 189 - PARKING
7
1 COUNCILMAN GREG DOROSKI : Notice is
2 hereby given and presented to the Town Board
3 of the Town of Southold, Suffolk County,
4 New York on the 14th of December, 2021, a
5 need for amendments to the Beach Parking
6 amendment within the Town of Southold . And
7 notice is hereby further given that is has
8 been presented a Local Law entitled, a Local
9 Law in relation to an amendment of Chapter
10 118 Parking, in connection with beach
11 parking permits . This is hereby given --
12 further given that the Town Board of the
13 Town of Southold will hold a Public Hearing
14 on the aforesaid Local Law at the Southold
15 Town Hall, 53095 Main Road, Southold, New
16 York, on the 4th day of January 2022 at
17 4 : 31 P .M. , at which time all interested
18 persons will be given an opportunity to be
19 heard. The proposed Local Law, in relation
20 to an amendment of 189 Parking. permit
21 creates -- and I am going to read the
22 summary. The proposed Local Law for which a
23 Public Hearing is being held this evening,
24 proposes to amend the available permit
25 available for beach use and convert the
8
1 display of hanging permits to a display
2 placard in lieu of stickers . The purpose of
3 this Local Law is to allow for the
4 establishment of a permit when vehicles are
5 parked in a permit only area . The full text
6 of the proposed Local Law is available for
7 review in the Town Clerks ' office and the
8 Town ' s website . Here I have an affidavit of
9 publication in the Suffolk Times and copies
10 of the legal notice . I have an affidavit of
11 posting that this was posted on the Clerk' s
12 bulletin outside . I have a note from Lloyd
13 that this was posted on the website .
14 SUPERVISOR SCOTT RUSSELL : Would
15 anybody like to address the Town Board on
16 this particular Local Law?
17 JUSTICE LOUISA EVANS : Motion to
18 close the hearing.
19 COUNCILWOMAN JILL DOHERTY: Second.
20 SUPERVISOR SCOTT RUSSELL : All in
21 favor?
22 COUNCILWOMAN SARAH NAPPA: Aye .
23 COUNCILMAN GREG DOROSKI : Aye .
24 COUNCILWOMAN JILL DOHERTY: Aye .
25 COUNCILMAN BRIAN MEALY: Aye .
9
1 JUSTICE LOUISA EVANS : Aye .
2 SUPERVISOR SCOTT RUSSELL : Aye .
3
4 (Whereby the Public Hearing' s
5 Concluded. )
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
10
1 C E R T I F I C A T I O N
2
3 I, JESSICA DILALLO, a Court Reporter
4 and Notary Public, for and within the State
5 of New York, do hereby certify:
6 THAT the above and foregoing contains a
7 true and correct transcription of the
8 Public Hearing portion held on
9 January 4, 2022, and were transcribed by
10 me .
11 I further certify that I am not
12 related to any of the parties to this
13 action by blood or by marriage and that I
14 am in no way interested in the outcome of
15 this matter .
16 IN WITNESS WHEREOF, I have
17 hereunto set my hand this 15th day of
18 January, 2022 .
19
20
21 Jessica DiLallo
22
23
24.
25
e2532c6f-ac78-4096-beeb-f3220b2035b7 lynda.rudder@town.southold.ny.us
AFFIDAVIT OF PUBLICATION
The Suffolk Times
State of New York,
County of,Suffolk
The undersigned is the authorized designee of The Suffolk Times,a Weekly Newspaper published in
Suffolk County, New York. I certify that the public notice,a printed copy of which is attached hereto,
was printed and published in this newspaper on the following dates:
December 23,2021
This newspaper has been designated by the County Clerk of Suffolk County,as a newspaper of record in
this county,and as such, is eligible to publish such notices.
Signature
Eliot T. Putnam
Printed Name
Subscribed and sworn to before me,
This 27 day of December 2021
otaryignatur
® • STATE '• ,
OF NEW PORK '.
NOTARY PUBLIC: a
Notary Public Stampp ALBANY
(�•'• OIRE6399443 p ?
��'• Off•,.• � .•'••��•'�
810N EXQ���,,•'�,,,,.
SOUTHOLD TOWN CLERK 1
e2532c6f-ac78-4096-beeb-f3220b2035b7 lynda.rudder@town.southold.ny.us
AFFIDAVIT OF PUBLICATION
The Suffolk Times
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT,
there has been presented to the
Town Board of the Town of
Southold,Suffolk County,New
York,on the 14th day of December,
2021,a Local Law entitled"A Local
Law in relation to Chapter 215
Sewers and Sewage Disposal,
and
NOTICE IS HEREBY FURTHER
GIVEN that the Town Board of the
Town of Southold will hold a public
hearing on the aforesaid Local Law
at the Southold Town Hail,53095
Main Road,Southold, New York,on
the 4th day of January, 2022 at
4:30 p.m.at which time all
Interested persons will be given an
opportunity to be heard.
The proposed Local Law entitled,
"A Local Law in relation to
Chapter 215 Sewers and Sewage
Disposal" reads as follows:
LOCAL LAW NO. 2022
A Local Law entitled,"A Local Law
in relation to Chapter 215 Sewers
and Sewage Disposal'.
BE IT ENACTED by the Town
Board of the Town of Southold as
follows:
I. Purpose. The purpose of this
local law is to update Chapter 215.
The complete proposed Local Law
can be viewed on the Town
website,southoldtownny.gov or
contacting the Southold Town
Clerk's office at(631)765-1800.
SOUTHOLD TOWN CLERK 2
e2532c6f-ac78-4096-beeb-f3220b2035W lynda.rudder@town.southold.ny.us
AFFIDAVIT OF PUBLICATION
The Suffolk Times
December 14,2021
BY ORDER OF THE SOUTHOLD
TOWN BOARD
Elizabeth A. Neville'
Southold Town Clerk
i
V
SOUTHOLD TOWN CLERK 3
e2532c6f-ac78-4096-beeb-f3220b2035b7 lynda.rudder@town.southold.ny.us
AFFIDAVIT OF PUBLICATION
The Suffolk Times
State of New York,
County of,Suffolk
The undersigned is the authorized designee of The Suffolk Times,a Weekly Newspaper published in
Suffolk County,New York. I certify that the public notice,a printed copy of which is attached hereto,
was printed and published in this newspaper on the following dates:
December 23,2021
This newspaper has been designated by the County Clerk of Suffolk County,as a newspaper of record In
this county,and as such,is eligible to publish such notices.
1
Signature
Eliot T. Putnam
Printed Name
Subscribed and sworn to before me,
This 27 day of December 2021
otary ignatur
e.•�`0�C,t'AS
• •,
4Z STATE
OF NEW PORK ' e
NOTARY PUBLIC: a
Notary Public Stamp AI.DANY
OIRE6398443 p
ice,��• � .'�\f ,'
,,,,,sS/ON EXp1��S
SOUTHOLD TOWN CLERK 1
e2532c6f-ac78-4096-beeb-f3220b2035b7 lynda.rudder@town.southold.ny.us
AFFIDAVIT OF PUBLICATION
The Suffolk Times
'LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT,
there has been presented to the
Town Board,of the Town of
Southold,Suffolk County, New
York,on the 14th day of December,
2021,a Local Law entitled"A Local
Law in relation to Chapter 215
Sewers and Sewage Disposal,
and
NOTICE IS HEREBY FURTHER
GIVEN that the Town Board of the
Town of Southold will hold a public
hearing on the aforesaid Local Law
at the Southold Town Hall,53095
Main Road,Southold, New York,on
the 4th day of January, 2022 at
4:30 p.m.at which time all
interested persons will be given an
opportunity to be heard.
The proposed Local Law entitled,
"A Local Law in relation to
Chapter 215 Sewers and Sewage
Disposal" reads as follows:
LOCAL LAW NO. 2022
A Local Law entitled,"A Local Law
in relation to Chapter 215 Sewers
and Sewage Disposal'.
BE IT ENACTED by the Town
Board of the Town of Southold as
follows:
I. Purpose. The purpose of this
local law is to update Chapter 215.
The complete proposed Local Law
can be viewed on the Town
website,southoldtownny.gov or
contacting the Southold Town
Clerk's office at(631)765-1800.
SOUTHOLD TOWN CLERK 2
e2532c6f-ac78-4096-beeb-f322Ob2O35b7 lynda.rudder@town.sout hold.ny.us
AFFIDAVIT OF PUBLICATION
The Suffolk Times
December 14,2021
BY ORDER OF THE SOUTHOLD
TOWN BOARD
Elizabeth A. Neville
Southold Town Clerk
SOUTHOLD TOWN CLERK 3
40TICE OF PUBLIC HEARING
)TICE IS HEREBY GIVEN THAT,
;re has been presented to the
wn Board of the Town of
uthold,Suff?��County,New
rk,on the 14 day of December,
21,a Local Law entitled"A Local
w in relation to Chapter 215
-wers and Sewage Disposal,
id
)TICE IS HEREBY FURTHER
VEN that the Town Board of the
wn of Southold will hold a public
aring on the aforesaid Local Law
the Southold Town Hall,53095
gin Road,Southold,New York,on
4th day of January,2022 at
W p.m.at which time all
erested persons will be given an
portunity to be heard,
e proposed Local Law entitled,
Local Law in relation to
iapter 215 Sewers and Sewage
sal"reads as follows:
LOCAL LAW NO. 2022
_ocal Law entitled,"A Local Law
relation to Chapter 215 Sewers
d Sewage Disposal".
IT ENACTED by the Town
)ard of the Town of Southold as
lows:
Purpose. The purpose of this
,al law is to update Chapter 215
e complete proposed Local Law
n be viewed on the Town
absite,south oldtownny.gov or
ntacting the Southold Town
Brk's office at(631)765-1800.
,cember 14,2021
'ORDER OF THE SOUTHOLD
)WN BOARD
zabeth A.Neville
juthold Town Clerk
1
f
3
Times Review Media Group Invoice #: e2532c6f
The Suffolk Times Date: 12/17/2021
Bill To Customer Email
SOUTHOLD TOWN CLERIC lynda.rudder@town.southold.ny.us
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F '
Affidavit(eMail) 1 $25.00
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Rudder, Lynda
From: Reisenberg, Lloyd
Sent: Friday, December 17, 2021 11:38 AM
To: Rudder, Lynda
Subject: RE: Chapter 215 Sewer for publication
Posted
Lloyd H. Reisenberg
Network and Systems Administrator
Town of Southold, New York
www.southoldtownny.gov
Iloydr@southoldtownny.gov
0: 631-765-1891 1 C:631-879-1554 I F: 631-765-5178
CONFIDENTIALITY NOTICE- This communication with its contents may contain confidential and/or legally privileged
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From: Rudder, Lynda <lynda.rudder@town.southold.ny.us>
Sent: Friday, December 17, 202111:17 AM
To: Lisa Finn (lisaahfinn@gmail.com)<lisaahfinn@gmail.com>; Reisenberg, Lloyd
<Lloyd.Reisenberg@town.southold.ny.us>;Tomaszewski,Zachary<zact@southoldtownny.gov>; Born,Sabrina
<sabrina.born@town.southold.ny.us>; Dinizio,James<james.dinizio@town.southold.ny.us>; Doherty,Jill
<jill.doherty@town.southold.ny.us>; Ghosio, Bob<bob.ghosio@town.southold.ny.us>; Louisa Evans
<Ipevans06390@gmail.com>; Mudd,Jennifer<jennifermu@southoldtownny.gov>; Nappa, Sarah
<sarahn@southoldtownny.gov>; Neville, Elizabeth<E.Neville@town.southold.ny.us>; Noncarrow, Denis
<denisn@southoldtownny.gov>; Norklun,Stacey<Stacey.Norklun@town.southo Id.ny.us>; Rudder, Lynda
<lynda.rudder@town.southold.ny.us>; Russell, Scott<scottr@southoldtownny.gov>; Standish, Lauren
<Lauren.Standish@town.southold.ny.us>;Tomaszewski, Michelle<michellet@town.southold.ny.us>; Burke,John
<johnbu@southoldtownny.gov>; Duffy, Bill <billd@southoldtownny.gov>; Hagan, Damon
<damonh@southoldtownny.gov>; Mirabelli, Melissa <melissam@southoldtownny.gov>
Subject: Chapter 215 Sewer for publication
Please post on the Town website
1
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT,there has been presented to the Town Board of the
Town of Southold, Suffolk County,New York, on the 141h day of December, 2021, a Local Law
entitled "A Local Law in relation to Chapter 215 Sewers and Sewage Disposal, and
NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will
hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road,
Southold,New York, on the 4th day of January,2022 at 4:30 p.m. at which time all interested
persons will be given an opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Chapter 215 Sewers and
Sewage Disposal" reads as follows:
LOCAL LAW NO. 2022
A Local Law entitled, ""A Local Law in relation to Chapter 215 Sewers and Sewage
Disposal".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
The purpose of this local law is to update Chapter 215.
H. Chapter 215 of the Code of the Town of Southold is hereby amended as follows:
Chapter 215 Sewers and Sewage Disposal
Part 1 Sea. yenger Wastes
AAiele T General Previsions
§ 215 1 Title.
This Pai4 I shall be knevm and may be eited as the n Sea-vengern
R 215 2 Definitions.
Unless the eanleK4 indieates otherwise, the following terms shall, fep-the-purpese of this Part ,
have the meanings
BOARD DTl TL. Southold
herein
`T`»••, Beard,a +' 5 F .1 L.el,alf of the C' +1-,..l.a Wastewater.
Disposal Distr-iet
CARTER
�'�1A''7N?TE A 1 1, ise that l eens the Tl'
J + � 1 c.� c��[+crl ' it vv a�u'u + t t previde - site
system pumping and other maintenanee assistanee.
Sinee the solids remain in one
tank they tend + 1 1 1 than septic+ranks
cnc=v ccrrcr-�v �ivc H � r
whieh have drain field systems. Altheugh these systems isly in widespr-eaduse,they
are not r
DISTPdCT The Southold X7;7 tel + Disposal Dist-riot.
DRAIN FIELD A tile field consisting of perforated pipes in below ground trenehes, whie.h.
allow the elarified effluent from the septie tank to pereolate to the greundwater (undp-
water) or a eir-oulaf below grade tank with openings eonstructed in the sidewalls whieh provi
for-drainage ef the treated liquid.
EASEMENT An inter-est in land evined by another that entitled its holder-to a speeifie liffli
ON SITE SYSTEM A below .,do eesspo,.1, ., r., field tank and field s dof;,-,od herein
PERSON Any the disposal of sanitary sewage and normal domestie wast
organization e
7 7 7 7 7 7
kind,other legal entity of any
subdivisions thereof-.
SCAVENGER WASTE PRETREATNffiNT FACILITY A 4oatmentplant designed te reeeive
septage (sea-venger waste) and tfeat it to levels weeptable for- disehar-ge to the Greenpert Sewage
Treatment Dl t f further t + t
SEPT-AGE (SCAVENGER WASTE) The olid and 1;.,,,;d ++ Ater-' l removed from a eesspool or-
home,SEPTIC TANK Any buried, watefti&r-eeeptaele designed and eons4ueted to
to separate solids from liquid,
sewage, to provide limited digestion of or-ganie
matter,to store solids and to allow the elar-ified liquid to leaeh into the suFrounding soils.
SEALAGE TREATMENT PLANT Any affangement of deviees and strueWres used for-treating
, septio tanks drain fields as
P -215 Z A,,,-
VJLi.
The Southold Wastewater Disposal Distfiet was established by an order of the Southold To
Board, adepted on February by an order-of said Board adopted on May
7 7 as amended,
24, 1983,
fort-he Purpose of pr-oteeting the ground and stir-face waters within said Distfiet from
the disposition of seavenger waste by providing a wastewater pretreatment faeilit�, at the site e
the sewer treatment plant of the Village of Gr-eenpeft for the disposal of seavenger waste in the
Distriet and providing regulations te proteet the health and water quality a-Rd to prevent the
eentaminatien of the water supply within the Distfiet.
Aftiole TT T,-n„o, ntio ert
ULl Vll
R -215 4 Ti-ense; g,,ifel1
N per-son11 11b b the r-emeval of seavenger waste ffem any eesspeol septie tank
located within the Distriet who does not possess a euFfently valid lieefise isslied by the Southold
T.,,,.,, Clerk
R 215 C Lieense ..l;eµ+iors.
An applieafA fef a lieense as required by § 215 4 hereof shall file a swom statement ith the
Town Clerk on the foFm pr-esei:ibed stating the name and address ef the > af3d the type,
state:
n
I, being duly swor-B., state and depose tba 1 am familiar with the requirements of the Sot4held SeavengerWaste Law. That 1 will repoA the address and emaet location of all septie tanks and eesspeols pumped-by
ine or by my business within the Southold Wastewater Disposal Htrlet as required by § 215 7-&fn
and that-failure to do so will result in the assessment of a eivil penalty of$100 for eaoh
Prior-to issuanee of the
required by § 215 4 hereof-, the Town Clerk shall eolleet a fee in
L e` �1
n carnouir serirtiP'lc by resoYtt resolution of T.,..m Boar
d.-
§ 215 7 Pump out reports-.
waste, lieensed pur-sua-PA >
pumped, shall file a report with the
prior-to dispesing of a sea-venger waste
on a ferm to be supplied byClerk,the Town
load. Failure of any earter to file sueh report shall result in the imposition ef a one hundred
dollar eivil penalty for eaeh eesspeol er septie tank pumped but not repefted as required herein.
The r-eport shall have the following infermatiow.
A. The name
K .1 addressf tl,
BThe address f the s ,stem if different than the
G The .1n+e ofpump out.
Tl The quantity efpump
,t
E. The type of waste--.
F. The signatures of the wxner and the hauler,
Ar1 M ( tr, t' h end a�,teawt...aa
riles ,y�ivii uuu
R 215 4 Permit required-.
No per-son shall > >
-plaee any septie tank or cesspool, or any pthereof- loeated within the Southold Wastewater Disposal Distiriet, witheut ebtaining a penni
i
frorn the Tovffi Gierk withinfive business days prior-to the date work eommences. gueh-pemiA
shall state the exaet loeation and address of the work in the-manner and ferm speeified by the
R 215 9 Civil n nalt ,
Failure of an),per-son te obtain sueh permit shall eenstitute a violation punishable by a eivil
penalty of up to $1 00.
R 215 10 Permit fees.
The fee eharged fer sueh a eenstruetien and alteration permit shall be in sueh a-ine as shall e
from time t6time, '1. r1 b resolution the e Bo .]r
a �
A rt' 1 TV Q t' Tanks .,n11 Cesspools
R 215 11 A ff etea properties.
All real property within the Southold Wastewater Disposal Distriet whereen any on4 e disposal
systerni
operated,sueh as a septie tank or cesspool is coastrueted or
whether the same is wigiin
or outside the xeographieal area of the Distriet, shall be subjeet te the permit r-equirement herein
previded.
R 715 12O +;enn rmi+ �
aw.�a.,..Yom••""--Z-------
o
t
Town Gler-k. The "owmer-" is defined to mean a natural > >
the state er-any
autherity or subdivision hereof-,the United States or any depaFtment or ageney thereof and any
,,+er,tenant, lessee o oeeupant of the a
§ 215 1 2 Exeeat:..a s
Within five years after the effeetive date of this Part > no permit shall be required of any evffier.-,
his at the date this Part I
> assigns,esentatives or- operating sueh an on site system,
takes effeet, provided that sueh on site system is not thereafter-pumped or- other maintenanee
measur-es required. At sueh time as sueh on site system requires pumping or ether-maintenanee
measures, the owner shall obtain the pefmit deseribed in § 215 12 above. S4sequent te fou
years after the effeetive date of this Part 1, evffior-s of on site systems within the Southold
Wastewater Disposal Distriet must obtain an operating pe
R 215 14 No permit requ re.l of tenants
No pefmit shall be required of any > tenant, e
owner's provided that the ov,%er-4the premises has a etiffetAly valid pefmit issued in the
aarc+. afA to § 215 13 hereof
R 215 15 Nontraasforah;l;ty of anrw.:t
Onee a pefmit has been issued, it may be tfaasfe�ed without eharge te subsequent evmer-s by th
Town Clerk upen pr-esefAation of the deed of eenyeyaneee;piv v lded, however,that there
existingviolation operation other ra.l;a+Cf the _
LZIGLlltt lllV{AU LL1 system.
+ th
Ar-tiele V Rates and Fees
Fees for permits for-new eonstruetion, alterati ltmetion of an on site system shall be
applied to the operating coots ofth Distr:eL
Llll L1U 4111 .
1 n t rl on premises used eme1 l or-Fes +' 1 purposes shall be such fee as
shall, f e�to time, be preseribed by resolution of the Beard .u.1
�
B.TZ Th f f t ti It t' t et;oa ;t&r- n site
luuL l.vl u„
-- - fee
1 + .1 rl <a ch 1 art for rec.i rleat'nl a rano
�'-CJIZIZ�I-p art for 11V111eU F/�� F/
— shall be
system, r
shall, be preseribed by resolution of the
from tifne to time,
R.. r.1
R 215 1 7 Fees fer operation :+
L �./V1aa 1�.
Fees f operation permits shallapplied h alieto the operating eosts of the Distr-iet.
A Th f f an operation permit r site system, 1 + r1 on premises use
taxe.1 1 f residential
t l t fee as
shall, f time to arm
be preser'h r1 by re 1 t' f the Bear-d.
B. Th f f an operat' Y +f an an site system
whole rt for-nonresidential pur-pesesshall t sueh f as shall, time
to time, be presenilbed-by resolution
R 215 18 Tax rate.
4
The Town Board shall, by resolutien, establish the tax rate to eover the eest of debt sen,iee 0
administrative eosts. Operating atid maintenance costs A411 be colleeted by User fees as
Artiele Z7T TT Construction Requirements
§ 215 19 3-Standards
All npvx r-
-—11 --L-st-r-l-letiffln of septie tanks, eesspool or other- on site systems shall eonfomm to
Standards fer Sewage and Waste Disposal Systems, as then established by the Stl&lk Geunty
ria ar+m {,+ef Health Cpr„ia
R 215 20 A T eea+ion.
d. .— eenstfuetion shall be located as preseribed by the Suff-elk County Depal4ment of Health
Sen,iees and at a loeation where. . - �occur without tfespassing en lands of another
n ' uniess an express easement f r
r that purpose s _ another owner-'s premises _ s+s
§ 215 21 � Ceyerinn
hereinAll septie tanks and oesspeols shall be eever-ed in a manner-that pennits inspeetion as previded
'+t, +remeval f gr-ass, rli{-t or other- similar lands
al{nQ
R 215 22 F�equeneyof inspections; rns ibil;L` of owner,
A
A ++l. end f+L, years after-issuance'
f an {.nrn+'l.rr {'n uii hereunder-,rlorY "
Town,sooner as eenditions may require as deter-mined by the
the system shall be
inspeeted 1, qualified +„rs employed by the Southold V u�ll+t,yla T BeardThe
Tom%1, the right to waive said inspe +i„r.
Dt�t L VlI.
eases,B. in all of the owner-1
f+LY sep+' tank er oesspooi for-inspection en by the Town T a+.,r C by o l l
,;ilr-,:h evmer-refuse to loeate and remove the eover- of said system, the Town has
+LYal,+to 1 and+ remove+L. f the
Lllt tV Y ,. eessppVior JtpIaV tank and bill the-
owner
for- all ees+s ; rrodl
R 215 23 Right of on+r„• notice
�.aauy� notice.
As a eondition te obtaining the operation permit required hereunder, the owner- shall give his
eensentat the time of applying fer and obtaifl.kng permit, to sueh employed by
i
exists,the Town te enter on the owners premises to make the fieeessar-y ifispeotions. The houfs 0
inspeotion are to be from 9:00 a.m. to 5-.00 p.m. en Menday tbf eugh Friday. Ten day&--*�
notiee is to be given te the ovaier that an inspection will be made. in eases where an-emergemy
the Toym shall reserve to waiver such noti
the right
§ 215 24 C{.,,1 claims.
No eivil claim shall iie against the Tovai for any damages resulting from any inspeetioll as
11
+11 A 11
A Every n f an o{n+' + shall l 1 ' on site -+' systemmr e
on a frequeney of not less than once every fluee years. Should sueh evvner r-efii
to pump said system, the Tev,,m has the right to pump said system and bill the
owner thereof
size,B. Notwithstanding the foregoing provisions of this § 215 25, the Town inspeeto
authorized to extend the time of pumping an on site septic systein in eases w-h
it is determined that, due to the type,
leeation and/or frequeney of use of an
on + r.ti, stn ,.b ..to is ofr-equir-ed to be pumpeofleed th
G. The ToAm 1 has the right t— r overy oymer-of an opeµtion. permit to
l fune ioning on site stnm. Should ,,.b oymer-refuse} per-form tbn
same,the T wn has the right torepair- i.7 stn and bill the oymei there .
A}tiein Vill Disposal Dnna
§ 215 76 Don to be set b.,rns.,l„tio
The Tovm Board shall, b resolution, ..nt the fee for-the trans
p
orting_to and disposing v�
shall,seavenger waste at the Southold Seavenger Waste Pretreatment Faeility, at sueh fee per gallon as
from time to time,
be pr-oser-ibed by resolution of the Board. The fee te be paid shall be
ealculated on fall tank eapaeit�, and shall be applied against the operation and maintenanee e
of the f..ilii.,
Art' to TV Tmnr.,r.nr Disposal
s 215 2� Dumping prohibited.
exeepNo sem,enger waste r-emoved from a" eesspool or septie tank within the Southold Wastewater-
Disposal Distriet shall be dumped er- disposed at any loeation within the T-evm of Southold
+ t the Seavenger- Waste Pretreatment Da ilit.
Aft' 1 X D b'b'+ .l Wastes
§ 215 78 Prohibited wastes enumerntnrl
Only sanitary sewage and normal domestie wastes shall be d-isehar-ged into en site wastowate
disposal systems. The following waste shall not be disehar-ged into the system and shall be
eonsilornrl as prohibited_si,asten.•
JrVv
A industrial waste.nsto
B. Automobile '1 .l other-noneo„L n nils.
footingsC. Drainage ffem basement floors,
7
ineluding but not limited to
pestieides, aeids, paints, paint thinner-, herbicides,
b 1 .l n+or softening-agents,
E. Cesspool eleaning a s ai iuets t 1, are prohibited by AAiele 3
— of the New York State
Suff-elk County Loeal Law No
12 19go
,C' 215 79 Discharge.
No person shall knowingly disohar-ge prohibited waste at the Southold Sea-venger-Waste
Pretreatment D.,..il't.,
A 1 VT Administration d E f r..mment
§ 215 Zn Administration and enforeemen+ off;eer
The Town Board shall appoint a Sanitation inspeeter (referred to in this Part 1 as the "Ifispeetefl)
who shall administer and enF ree the provisions of this Darr 1
R 215 31 Notiee of violation
T . -has I GaJo„'ITaC71e Gr-l7'OZZ'G-i believethat-'O VZAL1o11J
regulated hereby are being e ndue+ed ; violation of the n onsof this Dor art_
not ; comnlianee with a ,•m;+ or l;eense issued.
ed . ,,++�this Part-1 he
,
may
notify the ommer of then parts or the o et-'s anent or the nersen
per-fonning such operations, or-the and any sue.h.
f to suspend all operations,
forthwith forthi+h e operations until s ,eh notiee of violationhas been
reseinded
B. Sueh notiee shali be in;ffiting, shall speeify the violation and shall state the
—A-6 niust be eoffi—Plied with and the time within whieh eemplianee
mus+be 1 red hef-te opetao Ya+ions may her mea
G c h +' hall be served upon the per-son to ,whom i+ is diree+ed by del;,.er;n., it.
to h' personally or by posting the same I- - — nnous nlaeo on +hen e
u�L<� t,1LL..L. ..11 Ll...p.:............
where operations being d ili <�+hereof+e s ,eh n
are eng n on „eeanmang a eone«son
by certified mail to his last know address.
D. The T_ +-- -- d th t' f 1' ;find ' +h tiee of
_,r_ _-� cinZcil�rri�mirc-orco'liror'rmics—Jvccirccrirzal� i1vL1�� Vi
violation where there is evidenee of intent to eomply within the time speeified and
exist h'eh prevent ied;a+e n nl;anee
T. T the event that thr ren <.ho a ot;n of violation has he served shall
fail to eemply with 'd tie ;thin the times eified th ;thin the +;m
1x1111 Vl YY1N1111 L11L Llllle
said
o „ ne
specified any eyAension ..f time
ed by the T JNte+Vl my N '+ lieense
L
issued
to such n++o this Dart 1 shall h deemed re olred
Ull V< LLL L111LU LY
per-son 1
T it shall h unlawful f ed with +; e of,. of a+;o n suant to X
rror¢r1��L-rJGzr�'lTy c'a-��-1-cr�u 11V Lltt Vly•V n NYY
215 Z 1 r + fail t Eeml�.'+. h suehh nrotEer[Added 3 22 1988 vyi.L.Net
n 1984
R 215 27 C 1' n required; nen
e e • altie^ foref
A. It shallbe unlawful for any eentrae
> owner, e > >
theiragents n�� per-son other- to fail t 1 +h ++ notice,
1 r
eomY re pursuant
1' '+h ;t , sued to this Dar+ 1
of the
Bagainst ! provisions
d pursuant thereto or-failuEe to nl< YVll++tll 1 Vor-
with tin or-der of the
lL
T Y ---twithin the time fixed for- -- li:_ e therewith, the Yt
r
n + builder-, h'+ ntr eto r the'
Y +> eagents
eommi+ takes r+ assistsin the
fail to eomply with itten order- tthe shall, f
vl uv L' f T N + r
a fine not to exeeed
vu,l.Lay..t..e.e"f7 be b"----! of an ________ punishable by
$5,000 or imprisonment f a period not to 0
eirccca-i5 days,o Vl both.
whieh sueh violation shall oeour-shall eonstitute a separate, additional F-P—e-
For
Ta seeend d subsequent t'on within 36 months thereafter-, eh n
e
D
shall b guilty f a violation punishable by ., fine „ot to exeeerl $7,500 dollars
r
t f a period not to exceed 15 days r both sueh fine „a
G. T addifien t the br de penalties,altos, the Board rmay al maintain
+' or- d n the of the Distrin_t r
rt „f otor+
r a �
jufis
1' t'on, to eompe1 eomplanee withor-to restrainany +'� the violat'
of this PaFt 1.
A Aiele M. !"posts and Expenses
§ 215 32 Assessment t of eoct .
All eests and expenses ineurred by the Dist-riet in conneetion with any proeeeding or-any wo
done ptusuant te this M4 1 sha4l be assessed against the land on w-hieh sueh eests and expenses
- - . Ffed, and a statement of sueh expenses shall be presented to the evmer-ef the property..
or-if the oyffier-eannet be aseer-tained or-leeated, then stieh statement shall b6 posted in,a
' . us plaeo on the premises. Sueh assessment shall be and eonstitute a lien upon sue
I—And. If t-he oyffier- shall fail to pay sueh expenses within 10 days after-the statement is presented
or-pested, a legal action may be brought to eolleet sueh assessment or to for-eelose stieh lien. As
0
> Assessors,ith the
who shall, in the preparation ef the ne)A assessment roll, assess sueh aniount upen sueh propefty-.
Sueh amount shall be ineluded in the levy against sueh pr-eperty, shall eonstitute a lien and shall
be colleeted and enforced in the same manner-,by the same proeeedinp, at the same time and
under-the sanie penal�e's as is pr-ovided by law for-the eelleetion and enfe.
property taxes in the Tovffi of Southold.
A rt' l SITTT Eff t' -D +
§ 215 3 4 When of-etiye
The _ f t1,••D•is Chapter-215 L11 1eeoine ' t' on the first a f the mensubse
pr-ov
Kuent to the r
letion of eenstmetion, and the eo—eneeniefit.of eperatiens of the
D + ' t' Q Waste pretreatment iF
Part 2 1 Sewer Use
Article XVV I Sewer Use
§ 215-3-5 1 Purpose.
In order to assure the propose disposal of sewage and wastewaters and the proper operation and
maintenance of the public sewers, sewage treatment facility and other sewage works within the
Fishers Island Sewer District(FISD) and to provide an adequate record of sewers, drains,
appurtenances and connections thereto, the following regulations are enacted by the Town Board
of the Town of Southold acting for and on behalf of the FISD under the authority of the General
Statutes of the State of New York.
§ 215-36 2 Definitions; word usage.
A. Unless the context specifically indicates otherwise, the meaning of terms used herein
shall be as follows:
ASTM The American Society for Testing and Materials.
BOD (denoting "biochemical oxygen demand") The quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard laboratory procedure in five days at 200°,
C. expressed in milligrams per liter(mg/1) by weight. In computing BOD, reference shall be
made to the latest edition of Standard Methods for the Examination of Water and Waste Water.
CHLORINE DEMAND The amount of chlorine which must be added to water or waste to
produce a residual chlorine content of at least 0.1 mg/l after a minimum contact time of 10
minutes.
COD (denoting chemical oxygen demand) The quantity of oxygen utilized in the chemical
oxidation of
organic and inorganic matter under standard laboratory procedure expressed in milligrams per
liter(mg/1)by weight. In computing COD, reference shall be made to the latest edition of
Standard Methods for the Examination of Water and Waste Water.
DEC The New York State Department of Environmental Conservation.
DISTRICT Fishers Island Sewer District(FISD).
DRAIN LAYER or LICENSED DRAIN LAYER Either an individual, partnership or
corporation to whom the Town of Southold has issued a license and the proper agents and
representatives to install, alter or repair sewers, sewer connections, house connections, etc.,
during the period when such license is valid.
NATURAL OUTLET Any outlet into a watercourse,pond, ditch, lake or other body of surface
or ground water.
NPDES The National Pollutant Discharge Elimination System.
PERSON Any individual, firm, company, association, society, corporation or group.
pH'The logarithm of the reciprocal of the weight of hydrogen ions'in grams per liter of solution.
SEWAGE Wastewater or water-carried wastes from residences, business buildings, institutions
and industrial establishments. Sewage shall be further classified as follows:
(1) DOMESTIC OR SANITARY SEWAGE The solid and liquid wastes from toilet
and lavatory fixtures, kitchens, laundries, bath tubs, shower baths or equivalent
plumbing fixtures as discharged from dwellings, business and industrial buildings.
(2) INDUSTRIAL SEWAGE OR WASTES Includes the water carried wastes of any
industrial process as distinct from domestic or sanitary sewage. All substances
carried in industrial wastes, whether dissolved, in suspension, or mechanically
carried by water, shall be considered as industrial wastes. At the present, no
industrial wastes exist or are anticipated.
(3) STORMWATER Includes the runoff or discharge of rain and melted snow or
other water from roofs, surfaces of public or private lands or elsewhere.
"Stormwater" also shall include "subsoil drainage" as defined herein.
(4) SUBSOIL DRAINAGE Includes water from the soil percolating into subsoil
drains and through foundation walls, basement floors or underground pipes.
(5) COOLING WATER Includes the wastewater from air conditioning, industrial
cooling, condensing and hydraulically powered equipment or similar apparatus.
(6) GARBAGE Solid wastes from the preparation, cooking and dispensing of food,
and from the handling, storage and sale of produce. "Properly shredded garbage"
shall mean garbage which has been shredded so that no garbage particles will be
greater than 1/2 inch in any dimension.
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 or
wastewater.
SEWER or DRAIN The pipe or conduit, together with manholes and other structures or
equipment appurtenant thereto, provided to carry sewage, waste liquids, stormwater or other
waters. Sewers shall be further classified as follows:
(1) PUBLIC SEWER A trunk, main or lateral sewer up to and including the Y-branch
or tee provided for connection thereto, and to which all owners of abutting
properties have equal rights, and which is controlled by public authority. The
public sewer does not include the building or house sewer or the building lateral
after it is connected with a building sewer.
(2) SANITARY SEWER A sewer which carries only sanitary sewage and an
acceptable discharge of industrial wastes and to which stormwater, subsoil
drainage and cooling water are not intentionally admitted.
(3) COMBINED SEWER A sewer receiving both stormwater and domestic sewage.
(4) STORM SEWER or STORM DRAIN A pipe line carrying stormwater, subsoil
drainage, acceptable cooling water or other clean waters, but excluding domestic
sewage and industrial wastes.
(5) BUILDING DRAIN That part of the lowest horizontal piping of a building
drainage system that receives the discharge from the soil, waste and other
drainage pipes inside the walls of the building and conveys it to the building
sewer, beginning five feet outside the inner face of the building wall.
(6) BUILDING OR HOUSE SEWER The extension from the building drain to the
public sewer.
(7) BUILDING CONNECTION LATERAL The pipe laid incidental to the original
construction of a public sewer from said public sewer up to and including the
Y-branch, tee or other connection provided for use thereafter as part of a building
connection. '
SLUGS Any discharge of water, sewage or industrial waste, which in concentration of any given
constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more
than five times the average twenty-four-hour concentration or flows during normal operation.
SUPERINTENDENT An agent of the FISD.
SUSPENDED SOLIDS Solids that either float on the surface of, or are in suspension in water,
sewage or other liquids, and which are removable by filtering as prescribed in Standard Methods
for the Examination of Water, Sewage, and Industrial Waste, American Public Health
Association.
WATERCOURSE A channel in which a flow of water occurs, either continuously or
intermittently.
B. Word usage. "Shall" is mandatory; "may" is permissive.
§ 215-3-7 3 General waste disposal requirements.
A. It shall be unlawful for any person to place, deposit or permit to be deposited in
any manner upon public or private property within the FISD, or in any area under
the jurisdiction of said District, any human or animal excrement, garbage or other
objectionable waste.
B. It shall be unlawful to discharge to any natural outlet or storm sewer within the
FISD, or in any area under the jurisdiction of said District, any sanitary sewage,
industrial wastes or other polluted waters, except where suitable treatment has
been provided in accordance with subsequent provisions of this Part 2 1 and the
applicable state regulations.
C. The owner(s) of all houses, buildings or properties used for human occupancy,
employment, recreation, or other purposes, situated within the FISD 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 District may, at the
option of the District and at the owner's expense, be required to install a building
sewer to connect their building drain to the public sewer in accordance with the
provisions of this regulation, within 90 days after date of official notice to do so.
D. It shall be unlawful for any person to construct or repair any privy, privy vault,
septic tank, cesspool or other facility intended for the disposal of sewage if public
sewers are available.
E. Where a public sanitary or combined sewer is not available, the building sewer
shall be connected to a private sewage disposal system complying with the
provisions of this section.
(1) Before commencement of construction of a private sewage disposal
system,the owner shall first obtain a written permit signed by the
Superintendent. The application for such permit shall be made on a form
furnished by the FISD which the applicant shall supplement by any plans,
specifications and other information as are deemed necessary by the
Superintendent.
(2) A permit for a private sewage disposal shall not become effective until the
installation is completed to the satisfaction of the Superintendent. He shall
be allowed to inspect the work at any stage of construction, and, in any
event, the applicant for the permit shall notify the Superintendent when the
work is ready for final inspection and before any underground portions are
covered.
(3) The type, capacities, location and layout of a private sewage disposal
system shall comply with all recommendations of the Department of
Public Health of the State of New York. No permit shall be issued for any
private sewage disposal system employing subsurface soil-absorption
facilities unless the following conditions are met:
(a) The realty subdivision or development is located outside of Groundwater
Management Zones III or VI, and all parcels in the realty subdivision or
development consist of an area at least 20,000 square feet; or in the case of
a clustered realty subdivision or development, the population density
equivalent is equal to or less than that of a realty subdivision or
development of single-family residences in which all parcels consist of an
area of at least 20,000 square feet.
(b) The realty subdivision or development is located within
groundwater Management Zones III or VI, and all parcels in the
realty subdivision or development consist of an area of at least
40,000 square feet; or in the case of a clustered realty subdivision
or development, the population density equivalent is equal to or
less than that of a realty subdivision or development of single-
family residences in which all parcels consist of an area of at least
40,000 square feet.
(c) The realty subdivision or development or any portion thereof, is
not located within an existing sewer district and is located in an
area where subsoil and groundwater conditions are conducive to
the proper functioning of individual sewage systems.
(d) The individual sewage works comply with the Department's
current standards and the minimum state requirements as set forth
in NYCRR, Part 75, to the extent applicable to Suffolk County.
(e) The Suffolk County Water Facilities Requirements are complied
with.
(4) At such time as a public sewer becomes available to a property served by a
private sewage disposal system, as provided in § 215-37E 3E above, the
building sewer shall be connected to the public sewer in compliance with
§ 215-37G 3C, and any septic tanks, cesspools and similar private
sewage disposal facilities shall be abandoned and filled with clean bank
run gravel, dirt or any other suitable material as approved by the FISD.
(5) The owner shall operate and maintain the private sewage disposal facilities
in a sanitary manner at all times, at the owner(s) expense.
(6) No statement contained in this section shall be construed to interfere with
any additional requirements that may be imposed by the Health Officer.
§ 215-3� 4 General discharge prohibitions.
A. No person shall discharge into any public sewer of the FISD any waste, substance
or waters other than such kinds or types of waters or water-carried wastes for the
conveyance of which the particular public sewer is intended, designed or
provided.
B. No person shall discharge or cause to be discharged any stormwater, surface
water, groundwater, roof runoff, subsurface drainage, cooling water,
air-conditioning and refrigerating wastewaters or unpolluted industrial process
waters to any sanitary sewer.
C. Industrial cooling water or unpolluted process waters or stormwater and all other
unpolluted drainage may not be discharged to sanitary sewers.
D. No person(s) shall discharge or cause to be discharged any of the following
described waters or wastes to any public sewers:
(1) Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive
liquid, solid or gas.
(2) Any waters 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 waste treatment process, to constitute a hazard
to humans or animals, to create a public nuisance or to create any hazard
in the receiving waters of the wastewater treatment plant.
(3) Any waters or wastes having a pH lower than 6.5 or in excess of 9.0, or
having any other corrosive property capable of causing damage or hazard
to structures, equipment and personnel of the wastewater works.
(4) Any waters or wastes containing heat in such quantities as to cause
influent temperature at the treatment facility to exceed 104° F. (40° C.).
(5) Solid or highly viscous substances in quantities of or such size capable of
causing obstruction to the flow in sewers or other interference with the
proper operation of the wastewater facilities such as, but not limited to,
ashes, bones, cinders, sand, mud, straw, shavings, metal, glass, rags,
feathers, tar, plastics, wood, unground garbage, whole blood, paunch
manure, hair and fleshings, entrails, paper dishes, cups, milk
containers, etc., either whole or ground by garbage grinders.
(6) Any substances which may cause the wastewater treatment facility's
effluent or any other produce of the wastewater facility such as residues,
sludges or scums to be unsuitable for reclamation process where the
wastewater facility is pursuing a reuse and reclamation program. In no
case, shall a substance discharged to the wastewater facility cause the
facility to be in noncompliance with sludge use or disposal criteria,
guidelines or regulations developed under Section 405 of the Clean Water
Act; any criteria, guidelines or regulations affecting sludge use or disposal
developed pursuant to the Resource Conservation and Recovery Act, the
Clean Air Act or the Toxic Substances Control Act; or state criteria
applicable to the sludge management method being used.
(7) Any liquids, solids or gases which, by reason of their nature or quantity,
are, or may be, sufficient either alone or by interaction with other
substances to cause fire or explosion or be injurious,in any other way to
the wastewater treatment facility or to the operation of the wastewater
treatment facility. At no time, shall two successive readings on an
explosion hazard meter, at the point of discharge into the sewage
collection system (or at any point in the system) be more than 5%nor any
single reading over 10% of the lower explosive limit(LEL) of the meter.
E. The following described substances, materials, waters or waste shall be limited in
discharges to municipal systems to concentrations or quantities which will not
harm either the sewers, wastewater treatment process or equipment, will not have
an adverse effect on the receiving water or will not otherwise endanger lives, limb
or public property, or constitute a nuisance. The FISD, acting upon the
recommendation of technical advisors, may set limitations lower than the
limitations established in the regulations below, if in their opinion, such more
severe limitations are necessary to meet the above objectives. In forming their
opinion as to the acceptability, the Water Pollution Control Authority will give
consideration to such factors as the quantity of subject waste in relation to flows
and velocities in the sewers, materials of construction of the sewers, the
wastewater treatment plant, degree of treatability of the waste in the wastewater
treatment plant and other pertinent factors. The limitations of restrictions on
materials or characteristics of waste or wastewaters discharged to the sanitary
sewer which shall not be violated without approval of the Water Pollution Control
Authority are as follows:
(1) Wastewater having a temperature higher than 150° F. (65° C.).
(2) Any water or waste containing fats, wax, grease or oils, whether
emulsified or not, in excess of 100 mg/l or containing substances which
may solidify or become highly viscous at temperatures between 32° and
150° F. (0° and 65° C.).
(3) Wastewater from industrial plants containing floatable oils, fat or grease.
(4) Any garbage that has not been properly shredded.
(5) Any water or wastes having a concentration of any of the following
pollutants in excess of the following limits:
Pollutant Concentration in Parts Per Million (mg/1)
Arsenic as As 0.05
Barium as Ba 5.00
Boron as Bo 5.00
Cyanides as CN (amenable) 0.10
Flourides as F 20.00
Chromium (Total) 1.00
Chromium (Cr+'6) 0.10
Magnesium as MG 100.00
Manganese as Mn 5.00
Copper as Cu 1.00
Zinc as Zn 1.00
Cadmium 0.10
Lead 0.10
Tin 2.00
Silver 0.10
Mercury 0.01
Nickel 1.00
NOTE: All metals are to be measured as total metals.
(6) 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 FISD for such materials.
(7) Any waters or wastes containing odor-producing substances exceeding
limits which may be established by the FISD.
(8) Any radioactive wastes or isotopes of such half-life or concentration as
may exceed limits established by the FISD in compliance with applicable
state or federal regulations.
(9) Materials which exert or cause:
(a) Unusual concentrations of inert suspended solids, such as but not
limited to, fuller's earth, lime slurries and lime residues, or of
dissolved solids, such as but not limited to, sodium chloride and
sodium sulfate.
(b) Excessive discoloration, such as but not limited to dye wastes and
vegetable tanning solutions.
(c) Unusual BOD, COD or chlorine requirements in such quantities as
to constitute a significant load on the sewage treatment works.
(d) Unusual volume of flow or concentration of wastes constituting
slugs as defined herein. All slug discharges, despite their severity,
will be reported to the FISD prior to the time of discharge.
(e) Any other wastes deemed unacceptable by the FISD.
(10) Waters or wastes containing substances which are not amenable to
treatment or reduction by the wastewater treatment process employed, or
are amenable to treatment only to such degree that the wastewater
treatment plant effluent cannot meet the requirements of agencies having
jurisdiction over discharge to the receiving waters.
(11) Any water or wastes which, by interaction with other water or wastes in
the public sewer system, release obnoxious gases, form suspended solids
which interfere with the collection system or create a condition deleterious
to structures and treatment processes or which may cause the effluent
limitations of the NPDES discharge permit to be exceeded.
F. Restriction of deleterious waste flows:
(1) If any waters or wastes are discharged or are proposed to be discharged to
the public sewers, which waters contain the substance or possess the
characteristics enumerated in § 215-3SE 4E of this Part 2 1, and/or
which, in the judgment of the Water Pollution Control Authority, may
have a deleterious effect upon the wastewater facilities,processes,
equipment or receiving waters, or which otherwise create a hazard to life
or constitute a public nuisance, the FISD may:
(a) Reject the wastes;
(b) Require pretreatment to an acceptable condition for discharge to
the public sewers;
(c) Require control over the quantities and rates of discharge; and/or,
(d) Require payment to cover the added cost of handling and treating
the wastes.
(2) If the FISD and DEC allows 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 Water Pollution Control
Authority and DEC and subject to the requirements of all applicable
codes, ordinances and laws.
G. Grease, oil and sand interceptors shall be provided when, the opinion of the FISD,
they are necessary for the proper handling of liquid wastes containing floatable
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 FISD and shall be located as to be readily and easily accessible
for cleaning and inspection.
H. Where pretreatment of flow-equalizing facilities are provided or required for any
waters or wastes, they shall be maintained continuously in satisfactory and
effective operation by the owner(s) at his expense.
I. When required by the DEC or the FISD, the owner of any property serviced by a
building sewer carrying industrial wastes shall install a suitable structure together
with such necessary meters and other appurtenances in the building sewer to
facilitate observation, sampling and measurement of the wastes. Such structure,
when required, shall be accessibly and safely located, and shall be constructed in
accordance with plans approved by the FISD. The structure shall be installed by
the owner(s) at his expense and shall be maintained by him so as to be safe,
accessible and in satisfactory operation at all times.
J. The FISD may require a user of sewer services to provide information needed to
determine compliance with this Part 2 1. These requirements may include but are
not limited to:
(1) Wastewater discharge peak rate and volume over a specified time period.
(2) Periodic chemical analyses of wastewaters.
(3) Information on raw materials, processes and products affecting wastewater
volume and quality.
(4) Quantity and disposition of specific liquid, sludge, oil, solvent or other
materials important to sewer use control.
(5) A plot plan of sewers of the users property showing sewer and
pretreatment facilities location.
(6) Details of wastewater pretreatment facilities.
(7) Details of systems to prevent and control the losses of materials through
spills to the municipal sewer.
(8) Provide certification that the user is not discharging contaminated water
such as stormwater, groundwater or subsurface drainage to the sanitary
sewer system and that the piping system to convey such waters is
completely separate from the sanitary sewer system.
K. All measurements,tests and analyses of the characteristics of waters and wastes to
which reference is made in this Part 21 shall be determined in accordance with
the latest edition of Standard Methods for the Examination of Water and
Wastewater, published by the American Public Health Association. Sampling
methods, location,times, durations and frequencies are to be determined on an
individual basis subject to approval by the Superintendent. Sampling shall be
carried out by customarily accepted methods to reflect the effect of constituents
upon the sewage works and to determine the existence of hazards to life, limb and
property. The particular analyses involved will determine whether a
twenty-four-hour composite of all outfalls of a premises is appropriate or whether
a grab sample or samples should be taken. Normally, but not always, BOD and
suspended solids analyses are obtained from twenty-four-hour composites of all
outfalls whereas pH's are determined from periodic grab samples.
L. The admission in the public sewer of any waters or wastes having a five-day BOD
greater than 300 milligrams per liter by weight, or containing more than 350
milligrams per liter by weight of suspended solids, or containing any quantity of
substance having the characteristics described in § 215-3-8-D 4D or having a
chlorine demand of more than 15 milligrams per liter by weight or having an
average daily flow greater than 10% of the average daily sewage flow of the
District, shall be subject to the review and approval of the FISD. Where necessary
in the opinion of the FISD, the owner(s) shall provide, at his expense, such
preliminary treatment as may be necessary to reduce the BOD to 300 milligrams
per liter by weight; the suspended solids to 350 milligrams per liter by weight, and
the chlorine demand to 15 milligrams per liter by weight, or to reduce
objectionable characteristics or constituents to within the maximum limits
provided for in § 215-3SD 4D or to control the quantities and rates of discharge
of such waters or wastes. Plans, specifications and any other pertinent information
relating to proposed preliminary treatment facilities shall be submitted for the
approval of the FISD and of any or all state regulatory agencies having
jurisdiction, and no construction of such facilities shall be commenced until said
approvals are obtained in writing.
M. Determination of exclusion of wastes. In determining whether any waste
discharged or proposed to be discharged into any public sewer is to be excluded,
consideration will be given to the quantity, time or times, rate and manner of
discharge, dilution and character of the waste in question, the size of the sewer
into which the waste is to be discharged, the probable quantity of sewage or other
wastes likely in said sewer and other pertinent facts. Minute quantities of a waste
which would be objectionable in larger quantities may be accepted if sufficiently
diluted when and as discharged, or if the quantity discharged is small as compared
with the flow in the receiving sewer; but any permission to discharge minute
quantities of an otherwise excluded waste shall be revocable at any time by the
Superintendent.
N. Pretreatment facilities. At all premises where wastes or substances specified to be
excluded from public sewers by these regulations are present and liable to be
discharged directly or indirectly into said sewers, suitable and sufficient piping
layouts, oil, grease, sand and flammable waste traps or separators, screens,
settling tanks, diluting devices, storage or regulating chambers, treatment, cooling
or other equipment and devices shall be provided. These shall be maintained and
properly operated by the owner(s) of the premises or his agent at his expense to
ensure that no waste or substance is discharged in violation of the requirements of
these regulations.
O. All measurements, tests and analyses of the characteristics of waters and wastes to
which reference is made in this section shall be determined in accordance with the
latest edition of Standard Methods for the Examination of Water and Sewage. In
the event that no special manhole has been required, the control manhole shall be
considered to be the nearest downstream manhole in the public sewer to the point
at which the building sewer is connected.
P. Each user shall provide protection from accidental discharge of prohibited
materials or other substances regulated by this Part 2- 1. Facilities to prevent
accidental discharge of prohibited materials shall be provided and maintained at
the owner(s) or user's own cost and expense. The Commissioner of DEC may
require that plans showing facilities and operating procedures be submitted for
review and approval prior to construction of the facilities.
(1) Within five days following an accidental discharge, the user shall submit
to the Director and Commissioner of DEC a detailed written report
describing the cause of the discharge and the measures to be taken by the
user to prevent similar future occurrences. Such notification shall not
relieve the user of any expenses, loss, damage or other liability which may
be incurred as a result of damage to the wastewater treatment facility, fish
kills, aquatic plants or any other damage to persons or property; nor shall
such notification relieve the user of any fines, civil penalties or other
liability which may be imposed by this Part 2 1 or other applicable law.
(2) A notice shall be permanently posted on the user's bulletin board or other
prominent place advising employees whom to call in the event of a
dangerous discharge. Employers shall ensure that all employees are
advised of the emergency notification procedure.
§ 21549 5 Discharges from private systems.
No person shall discharge or cause to be discharged into any public sewer, either directly or
indirectly, any overflow or effluent from a septic tank, cesspool, subsurface drainage trench, bed
or filter or other receptacle storing organic waste.
§ 215-48 6 Permit required to work on public sewers; tampering prohibited;penalties.
A. Connections to, alterations to or repairs to any public sewer or the manholes or
other appurtenances of said sewer system in the FISD shall not be made by any
person without a permit issued by the Superintendent.
B. No unauthorized person shall open the cover of, enter or alter any manhole or
other appurtenance of any public sewer, place or insert in any public sewer or its
appurtenances any foreign material which said sewer or its appurtenances was not
intended to receive nor shall any person damage, destroy, uncover, deface or
tamper in any way with any public sewer or its appurtenances. Any person
violating this provision of this Part-2 1 shall be subject to arrest under a charge of
disorderly conduct.
§ 215-44.7 Building sewer permits; fees.
A. Application and fees.
(1) There shall be building permits for sewers for residential and commercial
service. The owner(s) or his agent shall make application on a special
form furnished by the District.
(2) The application shall state the location and character of the work to be
performed, the person granted permission to perform such work, the time
limit for completion of the work, the general character of the wastes which
are or may be discharged into the sewer in question and any other
pertinent information or conditions. The permit application shall be
supplemented by any plans, specifications or other information considered
pertinent in the judgment of the Superintendent. A permit and inspection
fee of$200 for one- and two-family dwellings, $200 each for first two
dwellings and $150 each additional dwelling unit for multifamily
dwellings and $1,000 per acre of developed land or fraction thereof for
institutional type buildings, such as schools, churches, etc., and for retail
and commercial property shall be paid to the FISD at the time the
application is filed.
(3) In those cases where a sewer connection charge has been levied or will be
levied, the charge for permit and inspection fee of$200 for one- and
two-family dwellings shall be waived.
B. All costs and expenses incident to the installation and connection of the building
sewer shall be borne by the owner(s). All building sewers shall be maintained by
the owner(s) of the property served. When a building connection lateral has been
connected with a building sewer, the lateral shall become and thereafter be a part
of such building connection and shall be maintained at the expense of the
owner(s) of the property.
C. No person, other than those working for and under the direction of the
Superintendent shall excavate, construct, install, lay, repair, alter or remove any
building or house sewer, or any appurtenance thereof, within the FISD, if such
sewer is connected or discharged or is intended at some future time to be
connected or discharged, directly or indirectly, into any public sewer of said
District, until said person has a permit secured by the owner(s) (or his agent) of
the property in question for doing such work, and further provided that said
person has been granted a license to perform said work by the State of New York
under the stipulations and requirements of§ 215-42 8 of this Part 2- 1.
D. Any permit may be suspended or terminated by the FISD on written notice to the
permittee for violation of the conditions thereof or for any violation of the
requirements of this Part-21 or for other reasons in the public interest.
§ 215-42- 8 Persons authorized to work on sewers; licensed drain layers.
A. Only the following person or persons shall construct, repair, alter or remove
building sewers or make connections therefrom to a public sewer:
(1) Regular forces of or a contractor employed by the FISD.
(2) Regular forces of any public utility corporation while engaged in work
incidental to the regular structures of said utility company and operating
under a permit issued by the FISD.
(3) Any person who shall have been licensed by the State of New York to
perform work of this type during the period provided by the license and
under the conditions of the license. Such persons shall be called "licensed
drain layers," as defined in § 215-364 2A. All drains and fixtures within
structures shall be connected by plumbers and others in conformity with
the requirements of this Part 2- 1 as to what may or what shall not be
discharged into public sewers.
B. Any person licensed as a drain layer shall give personal attention to the work
performed and shall employ only competent persons, who are familiar with this
Part 21.
C. Each licensed drain layer shall file with the FISD a performance and guaranty
bond, which shall remain in full force for at least 12 months from the date of
application for a permit as provided in § 215-44-7, in the amount of not less than
$5,000 in form and with surety satisfactory to the FISD. The applicant shall
indemnify the Town of Southold for any negligence or omission of the applicant
or his agents while operating under the license applied for; that the applicant shall
reimburse the FISD for any expense to said FISD arising from any injury or
damage to any sewer or other property of said Town or by reason of any violation
by the applicant or his agents of any requirement of this Part 2- 1; that the
applicant shall faithfully execute all work required under the license as granted;
that the applicant shall restore that portion of any street or public place in which
the applicant may have made an excavation incidental to his work to as good a
condition as it was prior to said work and also shall maintain said street or public
place in like good condition to the satisfaction of said municipality for a period of
six months after said restoration; that the applicant shall reimburse the FISD or
the Town of Southold for the expense of repairs to any street or public place made
necessary by reason of any excavation made by the applicant; and that the
applicant shall comply with all rules, regulations, laws, ordinances, etc., relative
to work in public streets and public places.
D. Each licensed drain layer shall file with the FISD a certificate or certification of
public liability and property damage insurance, which shall remain in full force
for at least 12 months from the date of application for permit as provided in §
215-41.7, in an amount of not less than $100,000 for injuries, including accidental
death, to any one person and subject to the same limit for each person, in an
amount not less than $500,000 on account of any one accident and property
damage insurance in an amount not less than$10,000. The District shall be
included as an assured or, in lieu thereof, the drain layer shall file with the
Superintendent an owner's protective liability and property damage insurance
policy in the same limits as aforementioned. Each insurance certificate and policy
shall contain a statement by the insurance carrier not to cancel the policy or
policies except upon 15 days' notice to the representative.
E. Each licensed drain layer shall file with the FISD a certificate of policy covering
workmen's compensation insurance, which shall remain in force for at least 12
months from the date of application, for a permit as provided in § 215-41.7.
§ 215-43 9 Standards for building sewers.
The following requirements of this section shall apply to any person licensed to do sewer work
and who has a building or house sewer permit to do such sewer work as provided in §§ 215-44- 7
and 215-42 8 of this Part
A. Old building sewers may be used and connected to a public sewer when serving
new buildings only when they are found on examination or test by the Town
Engineer to meet all requirements of this section. The Town Engineer may
require, where indicated, the uncovering of old sewers for inspection.
B. A separate and independent building sewer shall be provided for every building,
except that, when two or more buildings are so situated that separate and
independent building sewers for each building would be impractical or impose
unnecessary hardship, the FISD may authorize a single building sewer connection
to the public sewer subject to such terms and conditions as to easement, design
and construction as the Town Engineer may require.
C. No building shall be connected to a public sewer unless the plumbing system of
said building has a soil vent pipe extended to a point above the roof. The FISD
may require that no running trap, main house trap or other device which might
prevent the free flow of air throughout the whole course of the building sewer,
house drain and said soil vent pipe, will be allowed.
D. The building sewer shall be cast-iron soil pipe, vitrified clay sewer pipe, polyvinyl
chloride pipe or other suitable material approved by the FISD. All pipe materials
shall conform to the latest standard specifications of the ASTM as approved by
the FISD. Any part of the building sewer that is located within 10 feet of a water
service pipe shall be constructed of cast-iron soil pipe. Wherever possible, water
service and house sewer pipes shall be laid in separate trenches. Where laid in the
same trench, the water pipe shall be laid on a bench at least 12 inches above the
top of the sewer pipe and at least 12 inches, and preferably 18 inches, from the
side of the sewer trench. Cast-iron pipe may be required where the building sewer
is exposed to damage by tree roots. If installed in filled or unstable ground, the
building sewer shall be of cast-iron soil pipe, except that nonmetallic material
may be accepted if laid on a suitable concrete bed or cradle as approved by the
FISD. No building sewer shall be located within 25 feet of a cellar drain or
groundwater drain unless pipe is of cast-iron.
E. The size and slope of the building sewer shall be subject to the approval of the
FISD, but in no event shall the diameter be less than six inches. The slope of such
six-inch pipe shall be not less than 1/4 inch per foot.
F. In all buildings where the building drain is too low to permit gravity flow to the
public sewer, sewage or other wastewaters carried by such drain shall be lifted by
approved artificial means and discharged to the building sewer through a cast-iron
force main. All building drains, whether force mains or gravity lines, shall be of
cast-iron soil pipe from the inner face of the building wall to the point of
connection with the building or house sewer, and all joints, including that with the
building sewer, shall be made gastight and watertight by a method approved by
the Town Engineer.
G. Excavations and laying of building sewers.
(1) All excavations required for the installation of building sewer shall be
open trench work unless otherwise approved by the Town Engineer.
Whenever possible the building sewer shall be brought to the building at
an elevation below the basement floor. No building sewer shall be laid
parallel to or within three feet of any bearing wall which might thereby be
weakened. The depth of the building sewer shall be sufficient to afford
protection from frost and in general such depth shall not be less than three
feet below the finished ground surface at all points. All building sewers
shall be laid at uniform grade and in straight alignment insofar as possible.
(2) Building sewers shall be laid in the following manner: Gravel bedding
material will be required below all pipe and all utility structures. Gravel
bedding shall be placed to the full width of the trench and to a depth of six
inches below the bottom of the pipe invert. Gravel bedding shall be placed
12 inches beyond the widths of a utility structure foundation (base) and to
a depth of six inches from the bottom of the excavation to the bottom of
the foundation (base). After a pipe is bedded the trench shall be filled to
the center line of the pipe with gravel bedding except at the joint. After the
joint is inspected, that portion around the pipe shall be carefully and
thoroughly tamped. From the center line of the pipe to a point 12 inches
above the top of the pipe, the backfill shall be sand, placed by hand and
hand tamped. Above this point, backfill shall be suitable material from
excavation or bank-run gravel. This backfill shall be placed in layers eight
inches deep and each layer shall be compacted with mechanical tampers to
not less than 95% of maximum dry density.
(3) Building sewers shall be located at a sufficient distance from other parallel
pipes to permit alterations or repairs to any such pipes or the sewer pipe
without disturbing the other; they shall be well cleaned inside after laying;
and they shall conform to all reasonable requirements for good
constructions.
(4) The open ends of building sewers, building drains and building connection
laterals shall be kept closed or protected during construction and during
periods when work is suspended in order to exclude from the public sewer
all water or debris which might obstruct, damage or otherwise be
detrimental to the public sewer or sewage works. Abandoned building
sewers or drains shall be likewise promptly closed and sealed off from any
public sewer at the expense of the owner of the property.
H. All joints and connections for or between building sewers, building drains and
building connection laterals shall be made gastight and watertight as follows:
(1) Cast-iron, vitrified-clay sewer pipe, polyvinyl chloride pipe or other
suitable material approved by the FISD shall be gasketed and equipped
with tyton or mechanical joints. The pipe and joints shall conform to all
applicable ASA and ASTM specifications. No paint, varnish or other
coatings shall be permitted on any joint until after the joint has been tested
and approved.
(2) Air testing.
(a) The District shall require the use of low-pressure air testing of
gravity sewers to ensure that the joints are gastight and watertight.
The sewer line under test shall be plugged at both ends. The air
hose shall be connected to a tapped plug to be used for,air inlet to
the line. The hose will be connected to portable air control
equipment which must include a shut-off valve,
pressure-regulating valve, pressure-reduction valve and a
monitoring pressure gauge with range from zero to five pounds per
square inch. Air shall be introduced from the air source
through the control equipment to the pipeline.
(b) Air shall be slowly supplied to the test section, until a constant
pressure of 3.5 pounds per square inch gauge is maintained. The
air pressure shall be regulated to prevent the pressure inside the
pipe from exceeding 5.0 pounds per square inch gauge. When
constant pressure of 3.5 pounds per square inch gauge is reached,
the air supply shall be throttled to maintain the internal pressure
above 3.0 pounds per square inch gauge and shut off or
disconnected from the air supply. The gauge shall be observed
until the air pressure reaches 3.0 pounds per square inch gauge. At
3.0 pounds per square inch gauge, the pressure drop shall be timed
with a stop watch until the pressure drops to 2.5 pounds per
square inch gauge. The time required for this
zero-and-five-tenth-pound-per-square-inch-gauge pressure drop
shall be recorded and compared to the following tabulation.
(c) Time requirements.
[1] If the time for the zero-and-five-tenth-pound-per-square -
inch-gauge drop is less than that shown, the section will be
considered to have failed, and the source of leakage must
be located, repaired and the section retested.
Time Requirements for Air Testing
Pipe Size (inches) Time (minutes)
8 or less 5:06
10 6:22
12 7:39
14 9:35
[2] Where groundwater level is about the invert of the sewer
line, the air test pressure must be increased 0.43 pounds per
square inch for each foot the groundwater level is above the
invert of the pipe, and the resulting pressure computed will
be used for the starting pressure. The allowable drop (0.5
pounds per square inch gauge) and the time requirements
will not change.
[3] All joints in vitrified clay pipe, polyvinyl chloride pipe or
other approved pipe or between such pipes shall be made
with rubber or similar gaskets. Hot poured jointing
materials or cement mortar shall not be approved. Pipe and
joints shall conform to all applicable ASTM
specifications.
[4] Any jointing materials, other than those described in
Subsection H(1), (2) and (3) may be used only upon
approval by the Town Engineer.
[5] The connection of the building sewer into the public sewer
shall be made at the Y-branch if such branch is available at
a suitable location. If the public sewer is 12 inches in
diameter or less, and no properly located Y-branch is
available, the owner(s) shall at his expense install a Y-
branch in the public sewer at the location specified by the
Town Engineer. Where the public sewer is greater than 12
inches in diameter, and no properly located Y-branch is
available, a neat hole may be cut into the public sewer to
receive the building sewer, with entry in the downstream
direction at an angle of about 45°. A forty-five-degree L
may be used to make such connection,with the spigot end
cut so as not to extend past the inner surface of the public
sewer. Where street sewers are of asbestos-cement sewer
pipe, the connection may be made with a cast-iron saddle in
the event that no fitting is available on the street sewer. The
invert of the building sewer at the point of connection to
twelve-inch diameter sewers or larger shall be connected to
either match the center lines of such street sewers or be
higher. A smooth neat joint shall be made, and the
connection made secure and watertight by encasement in
concrete. Special fittings may be used on the connection
only when approved by the District.
I. When the building sewer trench has been excavated, and the building sewer
repaired, altered or constructed, and is ready for inspection and connection to the
public sewer, the Town Engineer shall be notified during regular working hours
not less than eight hours in advance of the time when the connection to the public
sewer is planned. The connection of the building sewer to the public sewer shall
be made under the supervision of the FISD, and a record of all said connections
shall be kept by the District. If any person constructs, installs, alters or repairs any
building sewer or drain connecting with a public sewer in the District in violation
of any section of this Part 2 1 or fails to give adequate notice to the Town
Engineer for an inspection of the work, said Town Engineer may order all or any
portion of said work to be uncovered for inspection and approval.
J. All excavations for building sewer installations shall be adequately guarded with
barricades and lights so as to protect the public from hazard.
K. If any person, after proper order or direction from the District fails to remedy any
violation of this section or of any other section of these regulations, the Town
Engineer may disconnect the building sewer of the property where the violation
exists from the public sewer and may collect the cost of making such
disconnection from any person or persons responsible for, or willfully concerned
in, or who profited by such violation of the requirements of these regulations.
§ 215-44 10 Powers and authority of inspectors.
A. The Superintendent and any duly authorized employees of the District, the
Environmental Protection Agency and/or the DEC bearing proper credentials and
identification shall be permitted to enter all properties for the purpose of
inspection, observation, measurement, sampling and testing in accordance with
the provisions of this Part 2- 1. The Superintendent or his representative shall have
no authority to inquire into any processes including metallurgical, chemical, oil,
refining, ceramic, paper or other industries beyond that point that has a direct
bearing on the kind and source of discharge to the sewers or waterways or
facilities for waste treatment.
B. While performing the necessary work on private properties referred to in §
215-44th l0A above, the Superintendent or duly authorized employees of the
District shall observe all safety rules applicable to the premises established by the
owner(s) and the owner(s) shall be held harmless for injury or death to the District
employees and against liability claims and demands for personal injury or
property damage asserted against the owner(s) and growing out of the
gauging and sampling operation, except as such may be caused by negligence or
failure of the owner(s)to maintain safe conditions as required in § 215-3s-l-. 4I.
C. All duly authorized employees and/or representatives of the District bearing
proper credentials and identification shall be permitted to enter all private
properties through which the District holds a duly negotiated easement for the
purposes of, but not limited to inspection, observation, measurement, sampling,
repair and maintenance of any portion of the sewage works lying within said
easement. All entry and subsequent work, if any, on said easement shall be done
in full accordance with the terms of the duly negotiated easement pertaining to
the private property involved.
§ 215-4-5 11 Penalties for offenses; disconnection.
A. Any person found to be violating any provision of this Part 2- 1 except § 215-40 6
shall be served by the District 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 violate any provision of this Part-21 shall be guilty of an
offense punishable by a fine not to exceed $5,000 or imprisonment fora period
not to exceed 15 days, or both such fine and imprisonment. Each day that any
violation of this Part 2 1 continues and each day that any person continues to
discharge prohibited wastes or substances into any public sewer shall be deemed
to be a separate and additional offense.
C. Any person who fails to cease and desist violation of this Part 2 1 upon
notification thereof may, after the period of time stated in the notice for correction
thereof,be disconnected from the public sewer system. Notice of disconnection
shall be served by the District not less than 10 days prior to the actual
disconnection.
§ 215-46 12 Discretionary monitoring of effluents.
The District may require as a condition to the connection and/or continued use of the District's
sewer facilities that flow-metering, pH-monitoring and suitable effluent-sampling stations be
provided at the owner'(s) expense by industry connected to the District sewer system as required
by prudent engineering standards.
§ 215-47 13 Severability.
If any section, clause, sentence or provision of this Part 21 be adjudged invalid or
unenforceable, such adjudications shall not affect the validity of any other provision hereof, but
all other provisions shall be deemed valid and effective and shall remain in full force and effect.
Part 3 2 Sewer Rents and Charges
Article XV II Sewer Rents and Charges
§ 215-48, 14 Purpose.
Pursuant to the provisions of Article 14-F of the General Municipal Law,the Town Board, acting
for and on behalf of the Fishers Island Sewer District(FISD), does hereby establish a scale of
annual charged to be called "sewer rents" for the use of the sewer system within the FISD.
§ 215-49 15 Rents; penalty for late payment.
A. In addition to any and all other fees and charges provided by law, the owner of a
parcel of land served by the sanitary sewer system of the FISD shall pay an
annual sewer rent for the use of such sanitary sewer system, which shall be based
upon an annual charge of$450 for each separate dwelling unit served by the
system. Such annual sewer rents shall be paid in semiannual installments of$225
on the first day of January and June of each year.
B. If such sewer rents are not paid within 30 days of the due date, a penalty of 5%
shall be paid.
§ 215-58 16 Liens.
Sewer rents shall constitute a lien upon the real property served by the sewer system or such part
or parts thereof for which sewer rents shall have been established or imposed. The lien shall be
prior and superior to every other lien or claim except the lien of an existing tax, assessment or
other lawful charge imposed by or for the state or a political subdivision or district thereof.
§ 215-5-1 17 Actions to collect rents.
The Town Board, on behalf of the sewer district, may bring and maintain an action as upon
contract for sewer rents in arrears, including penalties and interest, or to foreclose liens for such
sewer rents. As an alternative to the maintenance of any such action,,the Town Board may
annually cause a statement to be prepared setting forth the amount of each lien for sewer rents in
arrears, the real property affected thereby and the name of the person in whose name such real
property is assessed. Such statement shall be presented to the board or body empowered to levy
Town taxes on or before a date to be specified by such board or body. Such board or body shall
levy the amounts contained in such statement against the real property liable at the same time
and in the same manner as Town taxes, and such amounts shall be set forth in a separate column
in the annual tax rolls. The amounts so levied shall be collected and enforced in the same manner
and at the same time as may be provided by law for the collection and enforcement of Town
taxes.
§ 215-5-2 18 Sewer rent fund.
A. Revenues derived from sewer rents, including penalties and interest, shall be
credited to a special fund to be known as the "sewer rent fund." Moneys in such
fund shall be used in the following order:
(1) For the payment of the costs of operation, maintenance and repair of the
sewer system or such part or parts thereof for which sewer rents have been
established and imposed.
(2) For the payment of the interest on and amortization of or payment of
indebtedness which has been or shall be incurred for the construction of
the sewer system or such part or parts thereof for which sewer rents have,
been established and imposed (other than indebtedness, and the interest
-thereon, which is to be paid in the first instance from assessments upon
benefited real property).
(3) For the construction of sewage treatment and disposal works with
necessary appurtenances, including pumping stations, or for the extension,
enlargement or replacement of or additions to such sewer systems or part
or parts thereof.
B. Such revenues from sewer rents shall not-be used to finance the cost of any
extension of any part of a sewer system (other than any sewage treatment and
disposal works with necessary appurtenances, including pumping stations) to
serve unsewered areas if such part has been constructed wholly or partly at the
expense of real property especially benefited, or for the payment of the interest on
and the amortization of indebtedness which is to be paid in the first instance from
assessments upon benefited real property.
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
LYNDA M RUDDER, Deputy Town Clerk of the Town of Southold,New York being
duly sworn, says that on the 171h day of December, 2021, a notice of which the
annexed printed notice is a true copy was affixed, in a proper and substantial manner, in a
most public place in the Town of Southold, Suffolk County,New York, to wit: Town
Clerk's Bulletin Board, 53095 Main Road, Southold,New York.
PH LL Chapter 215, Sewer ad
ynda M Rudder
Southold Deputy Town Clerk
Sworn b oret is 17' day
of Dec ber, 0 .
Notary Public
Richard D.Noncarrow
Notary Public,State of New York
No.01 N06224106
Qualified in Suffolk County
My Commission Expires June 21,20
f.
' Southold Town Board - Letter Board Meeting of December 14, 2021
C��yUtFOtK�oGy RESOLUTION 2021-962 Item 4 5.30
2
ADOPTED DOC ID: 17618
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2021-962 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 14, 2021:
WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk
County,New York, on the 14th day of December, 2021, a Local Law entitled "A Local Law in
relation to Chapter 215 Sewers and Sewage Disposal, now therefor be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold,New York, on the
4th day of January, 2022 at 4:30 p.m. at which time all interested persons will be given an
opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Chapter 215 Sewers and
Sewage Disposal" reads as follows:
LOCAL LAW NO. 2022
A Local Law entitled, ""A Local Law in relation to Chapter 215 Sewers and Sewage
Disposal".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
The purpose of this local law is to update Chapter 215.
II. Chapter 215 of the Code of the Town of Southold is hereby amended as follows:
Chapter 215 Sewers and Sewage Disposal
Part 1 Scavenger-WasTe-s
ic1e� F-1111—
General -
§ 215 1 Title.
This PaFt 1 shall be known and niay be cited as !he " FF
§ 215 2 De-finitions.
Unless the eontext indicates other-wise, the followifl,0,, le-1-nis Shall; fOF the pur-poseef this Pai4 1,
have the ngs h ndi .,te-di
BOARD The- Southold Town Boai-d, aetiiig foi- aiid on behalf of the Seutheld )Alastewatof
Generated December 15; 2021 Page 46
r
Southold Town Board - Letter Board Meeting of December 14, 2021
Disposal D striet
LS
CARTER Any trueker-, hauler ot! enter-pr-ise that is heensed within!he Distr-ie!!E) pfevide en site
system t r,tn stn
JL+l'lll l.J Ulll1.J111g and VL11L3 Vr
CESSPOOL Any eesspeol whieh essentially operates as a eombined sepiie tank/dr-ain field,
pr-oeess. Sinee the solid. -fie J
whieh have dr-ain field systems. Although these sys+.efBs wer- pf:eviously in widespread use,!hey
are i1vL t.
..t n uitieptable for-new n nstruetio due to their ,,,
; off
DISTR4CT The "Q'u'trrvrdTrv-a'Jtcvra'rct—.vr.posa-Discn cT
DRANFIELD A tile field
b es in below round J
water) oi:a eimular-below gr-ade tank with openings constfueted in the sidewalls Whieh provide
for drainage of the treated liquid.
EASEMPIT An interest in land eyffied by another-that entitled its holder to a specifie limited
use.
disposalON SITE SYSTEM Any below grade
J
t�_ Mary sl�,i age nr 11 nl dem-
PERSON
n
sanitary sewage, partnership, J J 7
kind,other-legal entity of an),
subdivisions thereof
SCAVENGER WASTE PRETREATMENT FACILITY A treatment plant designed to r-eeeive
septage (seavenger-waste) and treat it to levels acceptable fef! discharge to the Gr-eefipoi4 Sewage
Tro.,t,nent Plant for-f;,rthef treatment
SEPT-AGE (SCA3,TPIGER WASTE) The solid and liquid material r-emoved from a cesspool of
SEPTIC TANK Any J
J to separate selids fioyn liquid,
to pfovide limited digestion of organie
matter-
J soils.
sewage
exelusive of
septie tanks and drain fields as deseribed herein.
J J
§_21 G 2 p,,,•pose
The Southold Wastewater-Disposal DistAet was established by an of:def of the Southold Town
BoardBoard .,depted on Fehr-uar-y 1 G 1 nQ2 ,-ded by .,,•der- of said Beat:d adopted Oil May
.ll. Ul.l Vl../LI+U Vll 1 l+Vl UUl� 1✓, 1/V✓, UJ Ul11liJ1Ul.U, V�' Ulm
fof the purpose of pr-eteeting the
J J ground
the disposition of seavengef waste bY pr-avi b
the sewer-tf eatment plant of the Village
Distr-iet and b
regulations to pretee! the health and watef quality afld to prevent-�
eont.,..inat;l.n of the water supply , ,;thifl the Dist,•;nt
Ar i£le 11 T,-n„n„o„•ttation
§ 715 4 License ;rorl
engageNo per-son shall
lecated within flie District who does no! pessess a eur-i-ently valid lieense issued by the Southold
Town Glel-k,
Generated December 15, 2021 Page 47
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Southold Town Board - Letter Board Meeting of December 14, 2021
§ 215 5 Lieens€ appheations.
state:An applieant for- a liee— ed by § 215 4 hereof shall file a swoffi statement vAth the
Tewn Cler-k on the fefm pr-eser-ibed stating the name and address of!be applieant, and the type,
model and eapaoity (in gallons) of all vehieles to be used. Additionally, sueh fon:n shall
21, being duly swofn, state and depose that 1 am f�miliar-with the requir-ements of the Southold Seavengef
Waste Law. That 1 will fopor-t!he address and exaet loeation of all septie lafilEs and cesspools pumped by
me or-by my business within the Southold Wasiewatef:Disposal Distfiet-as f!equir-ed by § 215 7 of said 1-avI,
and that failure to do so will result in!he assessment of a eivil penalty of$100 for eaeh violation.
§ 215 6Li efe
7 license
r
equired by § 215 4 hereof, the Town Gler4c shall eolleet a fee in
an uii" the preser-it3ed�ij i-esel Ytion of the Twn Board.
Each earter-of seavengeF waste, shall file a fepoi4 with the
lieensed pursuant to this Part >
pumped, >
load. Failtife of any car-ter-to file sueh report shall f!esull in the imposition of a one hundred
dollar-eivil penalty for eaeb eesspool of! septie tank pumped but not f!epoi4ecl as required her-ein.
1he report shall have!he following
A. The name and address of the „
R Tl,�r f + f'di +
G.
tort ��.rc�-r-cr'rrre�e�r�t�h=cirtl3c-v=vrrrcz-
`v The dateofAT
D. The quantity of pump out.
F The type of wastee.
F. The signatur-es of owner and the haul
^fele IM—Gonstf:ueiion-arm ^Tter-atien
No Nvrsvn suuii vviisu uvi, iiivuliy, repair- of reriuee any s , of: any-pait
thereof-, joeated within the Southold Wastewatei-Disposal without 0
f+om the Town Clerk within five business days prior-to the date wofIE eoin enees. Suel:.,
T
own Clerk,
R 21 5 O Giyi1 penalty.
penaltyFailufe of any pefson to obtain sueb per-mi! shall eonstitute a violation punishable by a eivil
of up to $100.
§ 215 10 Permit fees.
The fee b
ed fei-sueh a eonsti-ueIion and altei-ation permit shall be in such amount as shall be,
f-oint�imeio time, pr-esef:ibed by l-esolut: of the Board
Generated December 15; 2021 Page 48
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Southold Town Board - Letter Board Meeting of December 14, 2021
§ 215 11 n a+ed r, ort;es
system,All real pf!E)pei4y within the Southold Wastewatef:Disposal Distiiet whey-eon any on site disposal
>
whether-the same is within
or-outside the geogr-aphieal area of the Disir-iei, shall be subjee!to the peffflit requirement herein
provided.
215 1 nperat-„ —nit required
--r- of real property her-eake. at.... an on site sewage disposal system, sueb as
> >
possess in the name- of the owner- a eurfent septie taAE or-eesspool opemtiefl pelmlit issued by the
T-ov,m Gler-k. The "oviner-2 is defined to mean a natural > >
the state or-an�,
authority or subdivision hereof-, !be United States or- an), department or ageney thereof and any
r-e„ter tenant lessee or- oceupant of the premises.
§ 215 12 E
> it ll ,
his > assigns,r-esentatives of system,ueh
at the date this Paft 1
takes effeel provided that sueh on site system is not thereafter-pumped or- other-fflaintefla-nee
. A+ other-niaintenanee
measures r-equired .- sueh time as sueh on site �j I L-,,, A-,,-,fes ppmping or
measufes, the ow7ner-shall obtain the pefinit deseribed in § 215 12 above. Subsequent to four.-
),cars afler-the effeetive date of this PaFt 1, evffiei!s of on site systems within the Sout!
Wastewater Disposal Disir;o+ m int obtain nriS1_�r�Ar�tin�aPr�t_
�JrJ G1-[.I.Llll��.JCii 3131 C.
§ 215 14 No r r,Y,;t required of tenants,
No peFinit shall be required of any > tenant, >
pr-ovided that the owner-othe premises has a cufrently valid pefmit issued in the i
s name of!if the owner-is exeepied
pufsu,nt to § 215 13 be,-eof,
§ 215 15 Nontransferab ility ofperffl;t
Onee a pennit has been issued, it may be-tr-ansfefi-ed without ehar-ge to subsequent oNvner-s by th
Town Gler-k upen pi:esentatien of the deed of > > >
existing that there is no
violation as to the operation or-othei-maintenanee i:neasuf:es of the system.
Ar-tiele- V Rates d FGCJ
§ 215 16 Fees far alteration and eoTJILA 1-1--1 ei-+J
.
ei:r-eeonsir-uetion of an on site system shall be-
„lied to theopef:ating eostc_of the Distuct
JTJ�/1 the L1Jll ll.t.
,As. The fee fei- a eonstruetion, alteration or-i-eeonsir-tietion pefmit for- an oil site ystein
loeated on pfei:nises used le..,ielusively for-residential pur-peses shall be sueh fee a
shall fr-oin time-to-rnme-, be n eseribed by r slut;on of the Booai
B-7- The fee fef a consir-up-6-11:1 P14prAl*
ation ei-i-econsti-tiction pei-mit fer-an on
3:1 3� l
S�' teffl, 1 at rl .� e.l ,hole oal-t far nonrec-rle t-2Lntir>,
l.
oses
shall be such fee as shall. f+oi:n tifne to iiine. be presei-ibed by resolution of the
Boa.-d.
Generated December 15, 2021 Page 49
Southold Town Board - Letter Board Meeting of December 14, 2021
115 1Fees-fer- opera+,t-..-,
A. The fee for- —lien r —Ait for- site system, located used-
exclusively
11. 111\+ 1V1 Ull ViJ I.lU , o
shall, from time to
time,
be prescribed by resolution of'the Beard.
B The foo f,• a r +;— r,Y;t for . site s ,stern 1�,ea4edused ffli
L. 11111 11..V 1V1 Ull V1.JV1 ULl Vll 1J V11111L 1V1 Ull Vll J1LV premises
whole of:in pai4 for-nofl-residential purposes shall be such fee as shall, from fime
totime, be p fibe 1 by r olutien of the Bo r,-1
§ 215 18 T.,„ rate
shall,The Toy,�n Board >
establish the tax rate to cover-the cost of debt service of!h-e
Southold Scavenger Waste Pretreatment Facility, as well as f�tufe capital purchases and
adffiinisty-ative costs. Opemling and costs will be collected by user-fees as
pr-esefibed by § 215 26.
ifticle V!11 G onstr-uet36i=rRequ=irements
§215 19
All new eonstr-tiefien E)f septic tanks, cesspool or- other on site systems shall GenfoRn to
Standards for- Sewage and Waste Disposal Systems, as then established by the Suffolk County
r epa ftment of Health Co,•„
f 215 20 n Location.
tion
All new construction shall be located as prescribed by the Suff-olk Count), Department of Health
Services and at a location wher-e pumping can occur-without trespassing-an: lands of anothe
&,A%er-, unless an expr-ess casement for-that purpose over- another- ownei!'s
§ 215 215 Covering.
All septic tapJEs and cesspools shall be eever-ed in a manner that permits inspection as pi!ovided
herein without r .,l of gr-ass a;,-tor-other s ,,,;1.,,• 1,,,,,1seap;,,,,
b
Articled inspections and Maintenance
§ 215 22 Requeney of inspections; Fespensibilit , of owner,
A. At the end of three year-s afteF issuance- of an operation pefffiit hef!eunder-, or-
sooner- as eondiiiens may r-equii-e as detennined by the Tevai, the system shall be
inspected by qualified inspectors empleyed by the Southold Town Beard. The
Town has theght to , ]B. in all eases, it shall be the r-esponsibility of flie owner to locate and reffieve the
opt:
b
eevei- of flie sepiie tank oi- cesspool foi- inspeeiien by the Town inspector-. Should
the
b
ht to locate and remove the covef- of the cesspool or septic tank and bill the
ewnef- f;,,• all costs ; -e.1
lc1 5 23 Right E)f enti- L notice.
obtainingAs a eondition to
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Southold Town Board - Letter Board Meeting of December 14, 2021
eonsent, at the time of applying for- and obtaining sueh pumit, to sueh inspeetors employed b
the Town to enter-on the owners premises to make the neeessary inspeetions. The houfs o
are to be from 9.00 a.m. to 5:00 p.m. on Monday thfough Fr-iday. Ten days w-r-il4efi
notiee is to be given to the owner that an inspeetion will be made. in eases wher-e an emer-gene5
exists, the Town shall reserve the g t to waiver-squel.q.nOtie-
§ 215 24 Civil elaims.
No eivil elaim shall lie against the Town for an), damages resulting fFe..A
authorized heroin
.0 215 25 Right to require ntenane
IN. Ever-y ow-Hef of -11--tion pennit shall have his an site septie system pumped
on a less than onee ever-y ihice years. Should sueh ovmer-refuse
T „ has the right said tor., and bill tL,
t6-Fmzzjr$irrd-1s`�-� , c—r-6'o's' to pump
ownef thereof-.
that,B. Notwithstanding the fer-egei-r,1-—..,-..s of this § 215 25,the Tovffl inspecto
auiliefized to extend the time of pumping an on site septie system in eases wher-e
it is deteFinined diie to the size, type,
leeation and/or-ffequeney of use of an
on site s-,L.*- sueh system is not Fequired to be pumped onee every t4e-e
C. The Town also has the f:ight to er-y ovmer-of an operation pefTnit to
r-epan: a malfunetioning on site system. Should sueh ovxner-refuse to peffonB the
same, the Town has the right to fepair-said system and bill the ovxRer-ther-efer,
A i4iele Vill Disposal Fees
§ 215 26 Fee to be- sot by resolution-.
shall,The Town Boar-d by fesolution,
set the fee for the transporting to and disposing ofseavengef waste at the Southold b
shall, ef Waste Pr-eti:eatfnent Facility, at such fee pef! gallon
ffom time to time,
be pr-eser-ibed by resolution of the Board. The fee to be paid shall be
ealoulated on filill tank eapaeity and shall be applied against the opefation and mainteflanee 60sts
of the f l:t,
A,-tiele TV TmpFo,-,P,-D r,�ora4
UJa�.Jwul
§ 215 27 Dumping I I CTJ CIiU.
No seavengei-waste removed f+om any eesspool or-septie tank within the Southold Wastewate
Disposal Distriet shall be dumped or- disposed at any loeation within the TONVIl Of Southold
except at the
c ibo- Waste Pretreatment ~UlIJI t
�-.
Prohibited Wastes
§ 215 28 prol,ibiied wastes o,,, mer-atl�e4.
sewageOnly sanitary
disposal syste-ins. The following waste shall not be b
ed into the system and shall be
considered n •ohibited wastes:
'IN. h9d„str:nl waste.
B Automobile 'l d tl-, noneooking eils,
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Southold Town Board - Letter Board Meeting of December 14, 2021
G. Drainage from basement fl! footings or- oofs
pesticides, eids paints, paint thinner her-biei len solvents, p hotegr-„-,l ;n
chemicals and , later softening agent
E. Cesspool cleaning and dr-ain .,,.,-duets whieh are prohibited by Ai4iele 3-9
of>the New York State ation La-w, r Suffolk Count), T octal Law
„1�T
12 1980
§ 215 79 Diseharne
No per-son shall knowingly disehafge prohibited waste at the Southold Seavenger IAI
Wetr atm nt 1~ae;l;t„
A,-t' 1 VT Ad t t' `1 > fereemen
+
§ 215 30 Administration and enfer-Bement off eer
The Town Board shall appoint a Sanitation Inspeeter- (referred to in this Paft 1 as!be "Inspeetef
1 shall administer- and enF fee pr-ovisions of this Part 1
§ 215 21 Nefiee of violation
IN. Whenevef the hispeetor-has Feasonable grounds to believe!hat opef:ations
mplated her-eby ai:e being eondueted in vielation of the provisions of this Part 1
Rot ; eempliance with a peFmit or lieense issued n fsuant to this Pai:t 1 he
may notify the owner-of the p norty or the owner's agent_or the pefson
erfefm;nn such operations, or the oaf-ter7 to suspend all operations, and any such
per-son shall forthwith eease operations until sueh iiaiiee of violation has been
mseinded
B. Suel! netiee shall be in wr-iting, shall speeify the violation and shall state the
conditions whieh must be eomplied with and the time within w-hieh eemplianee
must be completed before operations may her ea
G. Such notiee shall be sei-ved upon the per-son to whem it is dir-eeted by defiver-ing-4
to him per-sonally ei-by posting the same in a eenspieuous plaee on the premises
there e -aiiens a e being e n`uete�l_and mailing a boon thereof
hereo to such per-son
/- 1 b �V�J CTLrl,7C/Z Jill l
h, eel-t,f;ed mall to his last knewn_addi-ess.
UUUl LJS.
D. Th lnsneeto- „ extend the time of complianee specified ;n the notice o
,violation whefe there is evidenee of intent to eofflply within the time speeified and
eonditions exist which pr-event immediate eomnlianne_
E. in the event that the pei-son upon whef:n a notiee of violation has been serA,ed s
fail to n alt, with said notice within_the time specif,ed therein o:within the time
]Illl Crlli LI1]I\.J�.Jl.l.rl lt.0 Cl ll�l l+lll V1 VV 1Li lI11 Cllli
speeified in any eNtension of time issued by the inspector-, afl�'Per-ffljl Or-lieense
issued to sueh Pei-sen pul-suant to this Part 1 shall be deemed revo],Eed.
F. it shall be unlawful f6F any per-sen seFved with a notice of violation pursuant to-§
215 3 1 C to fail to comply Nyith such not-ie€. [Added 3 22 1988 by L.LI�
4 1 988]
C 215 37 1, ee , ed; penalties fvni- ��
rvnlli.ii:,%s.
[Anrrend€d 22 1988 by L.L. Ne. it 1988; 1 16 0-N-7 by LI. Ne. 3 24074
Generated December 15, 2021 Page 52
Southold Town Board - Letter Board Meeting of December 14, 2021
IN. R shall be unlamful for- any eartei!, owner, > >
tl ants or- any other t fail t 1 th tt t'
... ....... ...b......, ... ... .J vL...+. r.....�V.. Lv iLY.. Lv vvlllrl� YY1L11 LL vrllaa:r�
eemplianee- with n .•.,,;t issued r „t to this D.ft 1
B. For eeaeh o f-ense against of f this Un,-t 1or-anyc�avn
ub:111.,L any .,� LllL—pTcriz-sroirJ-ax-crr3�
therewith,inspeetef!within the time fixed for-eempliance
> ,
oeeupanteontraetor- or theii!agents or- any other-per-son who
> > arehiteet,
eeminits, takes part or assists in the; eommission of any sueh off-ense or-whe shall
fail to ,tel„with n written order-o ogee of the inspeete- shall ., first
l Ull LV VV1111J1,' YY1L11 U�YYYIILLVII V1UVl Vl t3 ,Y
eenviet; n th u „f' b guilty of can offend punishable�j v"� `rc�m3�r" - � �ScZnot to circccc`a�
$5,000 or imprisoninent for n period not to e oil 15 daysor-both. > h day on
whiFl`rsueh violation oceur-sh>all-eanstitute a separate additional-offense.
For- e and subsequent a on within 36 inonths her-eaftP�Aoh per-son
shall be guilty f'n violation punishable by n fine net to o ee $7,500 dellafs of
J11U11 VV �Ull L� �Vl ll /� 1
imprisonme
rt f:,,-n od flet to e ed 15 days, Y both n h f d
G. 111 addition to the abo provided penalties, the Board m .,lnmaintain
1 L
action of pfeeeeding in the name of the
7
jurisdietien7
to eompel eemplianee with or to restrain my injunetion the violation
of'this Part--1
Ai4iele X17 Costs and Expenses
All eosts and expenses inetifFed by the District in with any pf!eeeeding or any woAE
dene pursuant te this Part 1 shall be assessed against the land on w-hieh sueh Cests and expenses
> ll ,
or-1f the VvlVr 1U11of be UJllt-tU11oU Vl located, then JUVh statement shall be posted
or posted, a legaleenspietious plaee on the pr-emises. Sueh assessment shall be and eonstitute a lien upon sue
land. if the owner- shall fail to pay sueh expenses within 10 days after-the statement is presented
aetual expenses ineur-r-ed as aforesaid, together-with a statement identifying the property in
vith which the expenses Were ineur+ed and the ovffier- > with ,
shall,who in the
ar-atien of the next assessment >
Sueh ainount shall be ineluded in the levy against sueh pf:epei4y, shall eenstitute a lien and shall
be collected and enfer-eed in the satne !he saffle
at tile same time and
> >
def:thesaine pr-ov:sled by law for- the .Alen+: and „f. + of real
P,roPeft5' taXesin tile T. Of c„ ,,1,„la
AY-t:nle XIII 1~ff ntiye Da+e
C 215 34 When effective,
The pi-ovisiens of 4his Ghaptef: 215 shall beeeflie effective on the first day of the montiq
Dist Y- rat's Se -Waste 1 reit- rat„ ,t Fa flit.
Generated December 15- 2021 Page 53
Southold Town Board - Letter Board Meeting of December 14, 2021
Part 2 1 Sewer Use
Article X4V I Sewer Use
§ 215-35 1 Purpose.
In order to assure the propose disposal of sewage and wastewaters and the proper operation and
maintenance of the public sewers, sewage treatment facility and other sewage works within the
Fishers Island Sewer District (FISD) and to provide an adequate record of sewers, drains,
appurtenances and connections thereto, the following regulations are enacted by the Town Board
of the Town of Southold acting for and on behalf of the FISD under the authority of the General
Statutes of the State of New York.
§ 215-36 2 Definitions; word usage.
A. Unless the context specifically indicates otherwise, the meaning of terms used herein
shall be as follows:
ASTM The American Society for Testing and Materials.
BOD (denoting "biochemical oxygen demand") The quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard laboratory procedure in five days at 200°
C. expressed in milligrams per liter(mg/1) by weight. In computing BOD, reference shall be
made to the latest edition of Standard Methods for the Examination of Water and Waste Water.
CHLORINE DEMAND The amount of chlorine which must be added to water or waste to
produce a residual chlorine content of at least 0.1 mg/1 after a minimum contact time of 10
minutes.
COD (denoting chemical oxygen demand) The quantity of oxygen utilized in the chemical
oxidation of
organic and inorganic matter under standard laboratory procedure expressed in milligrams per
liter (mg/1) by weight. In computing COD, reference shall be made to the latest edition of
Standard Methods for the Examination of Water and Waste Water.
DEC The New York State Department of Environmental Conservation.
DISTRICT Fishers Island Sewer District (FISD).
DRAIN LAYER or LICENSED DRAIN LAYER Either an individual, partnership or
corporation to whom the Town of Southold has issued a license and the proper agents and
representatives to install, alter or repair sewers, sewer connections, house connections, etc.,
during the period when such license is valid.
NATURAL OUTLET Any outlet into a watercourse, pond, ditch, lake or other-body of surface
or ground water.
NPDES The National Pollutant Discharge Elimination System.
PERSON Any individual; firm, company, association, society, corporation or group.
pH The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
SEWAGE Wastewater or water-carried wastes from residences, business buildings, institutions
and industrial establishments. Sewage shall be further classified as follows:
(1) DOMESTIC OR SANITARY SEWAGE The solid and liquid wastes from toilet
and lavatory fixtures, kitchens, laundries, bath tubs, shower baths or equivalent
plumbing fixtures as discharged from dwellings, business and industrial buildings.
(2) INDUSTRIAL SEWAGE OR WASTES Includes the water carried wastes of any
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Southold Town Board - Letter Board Meeting of December 14, 2021
industrial process as distinct from domestic or sanitary sewage. All substances
carried in industrial wastes, whether dissolved, in suspension, or mechanically
carried by water, shall be considered as industrial wastes. At the present, no
industrial wastes exist or are anticipated.
(3) STORMWATER Includes the runoff or discharge of rain and melted snow or
other water from roofs, surfaces of public or private lands or elsewhere.
"Stormwater" also shall include "subsoil drainage" as defined herein.
(4) SUBSOIL DRAINAGE Includes water from the soil percolating into subsoil
drains and through foundation walls, basement floors or underground pipes.
(5) COOLING WATER Includes the wastewater from air conditioning, industrial
cooling, condensing and hydraulically powered equipment or similar apparatus.
(6) GARBAGE Solid wastes from the preparation, cooking and dispensing of food,
and from the handling, storage and sale of produce. "Properly shredded garbage"
shall mean garbage which has been shredded so that no garbage particles will be
greater than 1/2 inch in any dimension.
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 or
wastewater.
SEWER or DRAIN The pipe or conduit, together with manholes and other structures or
equipment appurtenant thereto,provided to carry sewage, waste liquids, stormwater or other
waters. Sewers shall be further classified as follows:
(1) PUBLIC SEWER A trunk, main or lateral sewer up to and including the Y-branch
or tee provided for connection thereto, and to which all owners of abutting
properties have equal rights, and which is controlled by public authority. The
public sewer does not include the building or house sewer or the building lateral
after it is connected with a building sewer.
(2) SANITARY SEWER A sewer which carries only sanitary sewage and an
acceptable discharge of industrial wastes and to which stormwater, subsoil
drainage and cooling water are not intentionally admitted.
(3) COMBINED SEWER A sewer receiving both stormwater and domestic sewage.
(4) STORM SEWER or STORM DRAIN A pipe line carrying stormwater, subsoil
drainage, acceptable cooling water or other clean waters, but excluding domestic
sewage and industrial wastes.
(5) BUILDING DRAIN That part of the lowest horizontal piping of a building
drainage system that receives the discharge from the soil, waste and other
drainage pipes inside the walls of the building and conveys it to the building
sewer; beginning five feet outside the inner face of the building wall.
(6) BUILDING OR HOUSE SEWER The extension from the building drain to the
public sewer.
(7) BUILDING CONNECTION LATERAL The pipe laid incidental to the original
construction of a public sewer from said public sewer up to and including the
Y-branch, tee or other connection provided for use thereafter as part of a building
connection.
SLUGS Any discharge of water, sewage or industrial waste, which in concentration of any given
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Southold Town Board - Letter Board Meeting of December 14, 2021
constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more
than five times the average twenty-four-hour concentration or flows during normal operation.
SUPERINTENDENT An agent of the FISD.
SUSPENDED SOLIDS Solids that either float on the surface of, or are in suspension in water,
sewage or other liquids, and which are removable by filtering as prescribed in Standard Methods
for the Examination of Water, Sewage, and Industrial Waste, American Public Health
Association.
WATERCOURSE A channel in which a flow of water occurs, either continuously or
intermittently.
B. Word usage. "Shall" is mandatory; "may" is permissive.
§ 215-3-7 3 General waste disposal requirements.
A. It shall be unlawful for any person to place, deposit or permit to be deposited in
any manner upon public or private property within the FISD, or in any area under
the jurisdiction of said District, any human or animal excrement, garbage or other
objectionable waste.
B. It shall be unlawful to discharge to any natural outlet or storm sewer within the
FISD, or in any area under the jurisdiction of said District, any sanitary sewage,
industrial wastes or other polluted waters, except where suitable treatment has
been provided in accordance with subsequent provisions of this Part-2 1 and the
applicable state regulations.
C. The owner(s) of all houses, buildings or properties used for human occupancy,
employment,recreation, or other purposes, situated within the FISD 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 District may, at the
option of the District and at the owner's expense, be required to install a building
sewer to connect their building drain to the public sewer in accordance with the
provisions of this regulation, within 90 days after date of official notice to do so.
D. It shall be unlawful for any person to construct or repair any privy, privy vault,
septic tank, cesspool or other facility intended for the disposal of sewage if public
sewers are available.
E. Where a public sanitary or combined sewer is not available, the building sewer-
shall be connected to a private sewage disposal system complying with the
provisions of this section.
(1) Before commencement of construction of a private sewage disposal
system, the owner shall first obtain a written permit signed by the
Superintendent. The application for such permit shall be made on a form
furnished by the FISD which the applicant shall supplement by any plans,
specifications and other information as are deemed necessary by the
Superintendent.
(2) A permit for a private sewage disposal shall not become effective until the
installation is completed to the satisfaction of the Superintendent. He shall
be allowed to inspect the work at any stage of construction, and, in any
event; the applicant for the permit shall notify the Superintendent when the
work is ready for final inspection and before any underground portions are
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Southold Town Board - Letter Board Meeting of December 14, 2021
covered.
(3) The type, capacities, location and layout of a private sewage disposal
system shall comply with all recommendations of the Department of
Public Health of the State of New York.No permit shall be issued for any
private sewage disposal system employing subsurface soil-absorption
facilities unless the following conditions are met:
(a) The realty subdivision or development is located outside of Groundwater
Management Zones III or VI, and all parcels in the realty subdivision or
development consist of an area at least 20,000 square feet; or in the case of
a clustered realty subdivision or development, the population density
equivalent is equal to or less than that of a realty subdivision or
development of single-family residences in which all parcels consist of an
area of at least 20,000 square feet.
(b) The realty subdivision or development is located within
groundwater Management Zones III or VI, and all parcels in the
realty subdivision or development consist of an area of at least
40,000 square feet; or in the case of a clustered realty subdivision
or development, the population density equivalent is equal to or
less than that of a realty subdivision or development of single-
family residences in which all parcels consist of an area of at least
40,000 square feet.
(c) The realty subdivision or development or any portion thereof, is
not located within an existing sewer district and is located in an
area where subsoil and groundwater conditions are conducive to
the proper functioning of individual sewage systems.
(d) The individual sewage works comply with the Department's
current standards and the minimum state requirements as set forth
in NYCRR, Part 75, to the extent applicable to Suffolk County.
(e) The Suffolk County Water Facilities Requirements are complied
with.
(4) At such time as a public sewer becomes available to a property served by a
private sewage disposal system, as provided in § 215-3-7€3E above, the
building sewer shall be connected to the public sewer-in compliance with
§ 21547E 31C, and any septic tanks, cesspools and similar private
sewage disposal facilities shall be abandoned and filled with clean bank
run gravel, dirt or any other suitable material as approved by the FISD.
(5) The owner shall operate and maintain the private sewage disposal facilities
in a sanitary manner at all times, at the owner(s) expense.
(6) No statement contained in this section shall be construed to interfere with
any additional requirements that may be imposed by the Health Officer.
§ 215-3S 4 General discharge prohibitions.
A. No person shall discharge into any public sewer of the FISD any waste, substance
or waters other than such kinds or types of waters or water-carried wastes for the
conveyance of which the particular public sewer is intended, designed or
Generated December 15; 2021 Page 57
Southold Town Board - Letter Board Meeting of December 14, 2021
provided.
B. No person shall discharge or cause to be discharged any stormwater, surface
water, groundwater,roof runoff, subsurface drainage, cooling water,
air-conditioning and refrigerating wastewaters or unpolluted industrial process
waters to any sanitary sewer.
C. Industrial cooling water or unpolluted process waters or stormwater and all other
unpolluted drainage may not be discharged to sanitary sewers.
D. No person(s) shall discharge or cause to be discharged any of the following
described waters or wastes to any public sewers:
(1) Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive
liquid, solid or gas.
(2) Any waters 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 waste treatment process, to constitute a hazard
to humans or animals, to create a public nuisance or to create any hazard
in the receiving waters of the wastewater treatment plant.
(3) Any waters or wastes having a pH lower than 6.5 or in excess of 9.0, or
having any other corrosive property capable of causing damage or hazard
to structures, equipment and personnel of the wastewater works.
(4) Any waters or wastes containing heat in such quantities as to cause
influent temperature at the treatment facility to exceed 104° F. (40° C.).
(5) Solid or highly viscous substances in quantities of or such size capable of
causing obstruction to the flow in sewers or other interference with the
proper operation of the wastewater facilities such as, but not limited to,
ashes, bones, cinders, sand, mud, straw, shavings, metal, glass, rags,
feathers, tar, plastics, wood, unground garbage, whole blood, paunch
manure, hair and fleshings, entrails, paper dishes, cups, milk
containers, etc., either whole or ground by garbage grinders.
(6) Any substances which may cause the wastewater treatment facility's
effluent or any other produce of the wastewater facility such as residues,
sludges or scums to be unsuitable for reclamation process where the
wastewater facility is pursuing a reuse and reclamation program. In no
case, shall a substance discharged to the wastewater facility cause the
facility to be in noncompliance with sludge use or disposal criteria,
guidelines or regulations developed under Section 405 of the Clean Water
Act; any criteria, guidelines or regulations affecting sludge use or disposal
developed pursuant to the Resource Conservation and Recovery Act, the
Clean Air Act or the Toxic Substances Control Act; or state criteria
applicable to the sludge management method being used.
(7) Any liquids, solids or gases which, by reason of their nature or quantity,
are, or may be, sufficient either alone or by interaction with other
substances to cause fire or explosion or be injurious in any other way to
the wastewater treatment facility or to the operation of the wastewater
treatment facility. At no time, shall two successive readings on an
explosion hazard meter; at the point of discharge into the sewage
Generated December 15, 2021 Page 58
Southold Town Board - Letter Board Meeting of December 14, 2021
collection system (or at any point in the system) be more than 5%nor any
single reading over 10% of the lower explosive limit (LEL) of the meter.
E. The following described substances, materials, waters or waste shall be limited in
discharges to municipal systems to concentrations or quantities which will not
harm either the sewers, wastewater treatment process or equipment, will not have
an adverse effect on the receiving water or will not otherwise endanger lives, limb
or public property, or constitute a nuisance. The FISD, acting upon the
recommendation of technical advisors, may set limitations lower than the
limitations established in the regulations below, if in their opinion, such more
severe limitations are necessary to meet the above objectives. In forming their
opinion as to the acceptability, the Water Pollution Control Authority will give
consideration to such factors as the quantity of subject waste in relation to flows
and velocities in the sewers,materials of construction of the sewers, the
wastewater treatment plant, degree of treatability of the waste in the wastewater
treatment plant and other pertinent factors. The limitations of restrictions on
materials or characteristics of waste or wastewaters discharged to the sanitary
sewer which shall not be violated without approval of the Water Pollution Control
Authority are as follows:
(1) Wastewater having a temperature higher than 150° F. (65° C.).
(2) Any water or waste containing fats, wax, grease or oils, whether
emulsified or not, in excess of 100 mg/l or containing substances which
may solidify or become highly viscous at temperatures between 32° and
150° F. (0° and 65° C.).
(3) Wastewater from industrial plants containing floatable oils, fat or grease.
(4) Any garbage that has not been properly shredded.
(5) Any water or wastes having a concentration of any of the following
pollutants in excess of the following limits:
Pollutant Concentration in Parts Per Million (mg/1)
Arsenic as As 0.05
Barium as Ba 5.00
Boron as Bo 5.00
Cyanides as CN (amenable) 0.10
Flourides as F 20.00
Chromium (Total) 1.00
Chromium (Cr+ 6) 0.10
Magnesium as MG 100.00
Manganese as Mn 5.00
Copper as Cu 1.00
Zinc as Zn 1.00
Cadmium 0.10
Lead 0.10
Tin 2.00
Silver 0.10
Mercury 0.01
Nickel 1.00
Generated December 15, 2021 Page 59
Southold Town Board - Letter Board Meeting of December 14, 2021
NOTE: All metals are to be measured as total metals.
(6) 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 FISD for such materials.
(7) Any waters or wastes containing odor-producing substances exceeding
limits which may be established by the FISD.
(8) Any radioactive wastes or isotopes of such half-life or concentration as
may exceed limits established by the FISD in compliance with applicable
state or federal regulations.
(9) Materials which exert or cause:
(a) Unusual concentrations of inert suspended solids, such as but not
limited to, fuller's earth, lime slurries and lime residues, or of
dissolved solids, such as but not limited to, sodium chloride and
sodium sulfate.
(b) Excessive discoloration, such as but not limited to dye wastes and
vegetable tanning solutions.
(c) Unusual BOD, COD or chlorine requirements in such quantities as
to constitute a significant load on the sewage treatment works.
(d) Unusual volume of flow or concentration of wastes constituting
slugs as defined herein. All slug discharges, despite their severity,
will be reported to the FISD prior to the time of discharge.
(e) Any other wastes deemed unacceptable by the FISD.
(10) Waters or wastes containing substances which are not amenable to
treatment or reduction by the wastewater treatment process employed, or
are amenable to treatment only to such degree that the wastewater
treatment plant effluent cannot meet the requirements of agencies having
jurisdiction over discharge to the receiving waters.
(11) Any water or wastes which, by interaction with other water or wastes in
the public sewer system, release obnoxious gases, form suspended solids
which interfere with the collection system or create a condition deleterious
to structures and treatment processes or which may cause the effluent
limitations of the NPDES discharge permit to be exceeded.
F. Restriction of deleterious waste flows:
(1) If any waters or wastes are discharged or are proposed to be discharged to
the public sewers, which waters contain the substance or possess the
characteristics enumerated in § 215-3SE 4E of this Part-2 1, and/or
which, in the judgment of the Water Pollution Control Authority; may
have a deleterious effect upon the wastewater facilities, processes,
equipment or receiving waters, or which otherwise create a hazard to life
or constitute a public nuisance; the FISD may:
(a) Reject the wastes;
(b) Require pretreatment to an acceptable condition for discharge to
the public sewers;
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(c) Require control over the quantities and rates of discharge; and/or
(d) Require payment to cover the added cost of handling and treating
the wastes.
(2) If the FISD and DEC allows 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 Water Pollution Control
Authority and DEC and subject to the requirements of all applicable
codes, ordinances and laws.
G. Grease, oil and sand interceptors shall be provided when, the opinion of the FISD,
they are necessary for the proper handling of liquid wastes containing floatable
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 FISD and shall be located as to be readily and easily accessible
for cleaning and inspection.
H. Where pretreatment of flow-equalizing facilities are provided or required for any
waters or wastes, they shall be maintained continuously in satisfactory and
effective operation by the owner(s) at his expense.
I. When required by the DEC or the FISD, the owner of any property serviced by a
building sewer carrying industrial wastes shall install a suitable structure together
with such necessary meters and other appurtenances in the building sewer to
facilitate observation, sampling and measurement of the wastes. Such structure,
when required, shall be accessibly and safely located, and shall be constructed in
accordance with plans approved by the FISD. The structure shall be installed by
the owner(s) at his expense and shall be maintained by him so as to be safe,
accessible and in satisfactory operation at all times.
J. The FISD may require a user of sewer services to provide information needed to
determine compliance with this Part 2 1. These requirements may include but are
not limited to:
(1) Wastewater discharge peak rate and volume over a specified time period.
(2) Periodic chemical analyses of wastewaters.
(3) Information on raw materials, processes and products affecting wastewater
volume and quality.
(4) Quantity and disposition of specific liquid, sludge, oil, solvent or other
materials important to sewer use control.
(5) A plot plan of sewers of the users property showing sewer and
pretreatment facilities location.
(6) Details of wastewater pretreatment facilities.
(7) Details of systems to prevent and control the losses of materials through
spills to the municipal sewer.
(8) Provide certification that the user is not discharging contaminated water
such as stormwater, groundwater or subsurface drainage to the sanitary
sewer system and that the piping system to convey such waters is
completely separate fi-om the sanitary sewer system.
K. All measurements; tests and analyses of the characteristics of waters and wastes to
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which reference is made in this Part 2 1 shall be determined in accordance with
the latest edition of Standard Methods for the Examination of Water and
Wastewater,published by the American Public Health Association. Sampling
methods, location, times, durations and frequencies are to be determined on an
individual basis subject to approval by the Superintendent. Sampling shall be
carried out by customarily accepted methods to reflect the effect of constituents
upon the sewage works and to determine the existence of hazards to life, limb and
property. The particular analyses involved will determine whether a
twenty-four-hour composite of all outfalls of a premises is appropriate or whether
a grab sample or samples should be taken.Normally, but not always, BOD and
suspended solids analyses are obtained from twenty-four-hour composites of all
outfalls whereas pH's are determined from periodic grab samples.
L. The admission in the public sewer of any waters or wastes having a five-day BOD
greater than 300 milligrams per liter by weight, or containing more than 350
milligrams per liter by weight of suspended solids, or containing any quantity of
substance having the characteristics described in § 215-34D 4D or having a
chlorine demand of more than 15 milligrams per liter by weight or having an
average daily flow greater than 10% of the average daily sewage flow of the
District, shall be subject to the review and approval of the FISD. Where necessary
in the opinion of the FISD, the owner(s) shall provide, at his expense, such
preliminary treatment as may be necessary to reduce the BOD to 300 milligrams
per liter by weight, the suspended solids to 350 milligrams per liter by weight, and
the chlorine demand to 15 milligrams per liter by weight, or to reduce
objectionable characteristics or constituents to within the maximum limits
provided for in § 215-3--D 4D or to control the quantities and rates of discharge
of such waters or wastes. Plans, specifications and any other pertinent information
relating to proposed preliminary treatment facilities shall be submitted for the
approval of the FISD and of any or all state regulatory agencies having
jurisdiction, and no construction of such facilities shall be commenced until said
approvals are obtained in writing.
M. Determination of exclusion of wastes. In determining whether any waste
discharged or proposed to be discharged into any public sewer is to be excluded,
consideration will be given to the quantity, time or times, rate and manner of
discharge, dilution and character of the waste in question, the size of the sewer
into which the waste is to be discharged, the probable quantity of sewage or other
wastes likely in said sewer and other pertinent facts. Minute quantities of a waste
which would be objectionable in larger quantities may be accepted if sufficiently
diluted when and as discharged, or if the quantity discharged is small as compared
with the flow in the receiving sewer; but any permission to discharge minute
quantities of an otherwise excluded waste shall be revocable at any time by the
Superintendent.
N. Pretreatment facilities. At all premises where wastes or substances specified to be
excluded from public sewers by these regulations are present and liable to be
discharged directly or indirectly into said sewers, suitable and sufficient piping
layouts; oil. grease, sand and flammable waste traps or separators, screens.
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J
settling tanks, diluting devices, storage or regulating chambers, treatment, cooling
or other equipment and devices shall be provided. These shall be maintained and
properly operated by the owner(s) of the premises or his agent at his expense to
ensure that no waste or substance is discharged in violation of the requirements of
these regulations.
O. All measurements, tests and analyses of the characteristics of waters and wastes to
which reference is made in this section shall be determined in accordance with the
latest edition of Standard Methods for the Examination of Water and Sewage. In
the event that no special manhole has been required, the control manhole shall be
considered to be the nearest downstream manhole in the public sewer to the point
at which the building sewer is connected.
P. Each user shall provide protection from accidental discharge of prohibited
materials or other substances regulated by this Part 2 1. Facilities to prevent
accidental discharge of prohibited materials shall be provided and maintained at
the owner(s) or user's own cost and expense. The Commissioner of DEC may
require that plans showing facilities and operating procedures be submitted for
review and approval prior to construction of the facilities.
(1) Within five days following an accidental discharge, the user shall submit
to the Director and Commissioner of DEC a detailed written report
describing the cause of the discharge and the measures to be taken by the
user to prevent similar future occurrences. Such notification shall not
relieve the user of any expenses, loss, damage or other liability which may
be incurred as a result of damage to the wastewater treatment facility, fish
kills, aquatic plants or any other damage to persons or property; nor shall
such notification relieve the user of any fines, civil penalties or other
liability which may be imposed by this Part 2- 1 or other applicable law.
(2) A notice shall be permanently posted on the user's bulletin board or other
prominent place advising employees whom to call in the event of a
dangerous discharge. Employers shall ensure that all employees are
advised of the emergency notification procedure.
§ 215-33 5 Discharges from private systems.
No person shall discharge or cause to be discharged into any public sewer, either directly or
indirectly, any overflow or effluent from a septic tank, cesspool, subsurface drainage trench, bed
or filter or other receptacle storing organic waste.
§ 215-40 6 Permit required to work on public sewers; tampering prohibited; penalties.
A. Connections to, alterations to or repairs to any public sewer or the manholes or
other appurtenances of said sewer system in the FISD shall not be made by any
person without a permit issued by the Superintendent.
B. No unauthorized person shall open the cover of enter or alter any manhole or
other appurtenance of any public sewer, place or insert in any public sewer or its
appurtenances any foreign material which said sewer or its appurtenances was not
intended to receive nor shall any person damage, destroy, uncover, deface or
tamper in any way with any public sewer or its appurtenances. Any person
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violating this provision of this Part 2 1 shall be subject to arrest under a charge of
disorderly conduct.
§ 215-44-7 Building sewer permits; fees.
A Application and fees.
(1) There shall be building permits for sewers for residential and commercial
service. The owner(s) or his agent shall make application on a special
form furnished by the District.
(2) The application shall state the location and character of the work to be
performed, the person granted permission to perform such work, the time
limit for completion of the work, the general character of the wastes which
are or may be discharged into the sewer in question and any other
pertinent information or conditions. The permit application shall be
supplemented by any plans, specifications or other information considered
pertinent in the judgment of the Superintendent. A permit and inspection
fee of$200 for one- and two-family dwellings, $200 each for first two
dwellings and $150 each additional dwelling unit for multifamily
dwellings and $1,000 per acre of developed land or fraction thereof for
institutional type buildings, such as schools, churches, etc., and for retail
and commercial property shall be paid to the FISD at the time the
application is filed.
(3) In those cases where a sewer connection charge has been levied or will be
levied, the charge for permit and inspection fee of$200 for one- and
two-family dwellings shall be waived.
B. All costs and expenses incident to the installation and connection of the building
sewer shall be borne by the owner(s). All building sewers shall be maintained by
the owner(s) of the property served. When a building connection lateral has been
connected with a building sewer, the lateral shall become and thereafter be a part
of such building connection and shall be maintained at the expense of the
owner(s) of the property.
C. No person, other than those working for and under the direction of the
Superintendent shall excavate, construct, install, lay, repair, alter or remove any
building or house sewer, or any appurtenance thereof, within the FISD, if such
sewer is connected or discharged or is intended at some future time to be
connected or discharged, directly or indirectly, into any public sewer of said
District, until said person has a permit secured by the owner(s) (or his agent) of
the property in question for doing such work, and further provided that said
person has been granted a license to perform said work by the State of New York
under the stipulations and requirements of§ 215-42 8 of this Part 2 1.
D. Any permit may be suspended or terminated by the FISD on written notice to the
permittee for violation of the conditions thereof or for any violation of the
requirements of this Part 2 1 or for other reasons in the public interest.
§ 215-42 8 Persons authorized to work on sewers; licensed drain layers.
A. Only the following person or persons shall construct, repair, alter or remove
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building sewers or make connections therefrom to a public sewer:
(1) Regular forces of or a contractor employed by the FISD.
(2) Regular forces of any public utility corporation while engaged in work
incidental to the regular structures of said utility company and operating
under a permit issued by the FISD.
(3) Any person who shall have been licensed by the State of New York to
perform work of this type during the period provided by the license and
under the conditions of the license. Such persons shall be called "licensed
drain layers," as defined in § 215-364 2A. All drains and fixtures within
structures shall be connected by plumbers and others in conformity with
the requirements of this Part 2 1 as to what may or what shall not be
discharged into public sewers.
B. Any person licensed as a drain layer shall give personal attention to the work
performed and shall employ only competent persons, who are familiar with this
Part 2 1.
C. Each licensed drain layer shall file with the FISD a performance and guaranty
bond, which shall remain in full force for at least 12 months from the date of
application for a permit as provided in § 215-4-1-7, in the amount of not less than
$5,000 in form and with surety satisfactory to the FISD. The applicant shall
indemnify the Town of Southold for any negligence or omission of the applicant
or his agents while operating under the license applied for; that the applicant shall
reimburse the FISD for any expense to said FISD arising from any injury or
damage to any sewer or other property of said Town or by reason of any violation
by the applicant or his agents of any requirement of this Part-2 1; that the
applicant shall faithfully execute all work required under the license as granted;
that the applicant shall restore that portion of any street or public place in which
the applicant may have made an excavation incidental to his work to as good a
condition as it was prior to said work and also shall maintain said street or public
place in like good condition to the satisfaction of said municipality for a period of
six months after said restoration; that the applicant shall reimburse the FISD or
the Town of Southold for the expense of repairs to any street or public place made
necessary by reason of any excavation made by the applicant; and that the
applicant shall comply with all rules, regulations, laws, ordinances, etc., relative
to work in public streets and public places.
D. Each licensed drain layer shall file with the FISD a certificate or certification of
public liability and property damage insurance, which shall remain in full force
for at least 12 months from the date of application for permit as provided in §
215-44- 7, in an amount of not less than $100,000 for injuries, including accidental
death, to any one person and subject to the same limit for each person, in an
amount not less than $500,000 on account of any one accident and property
damage insurance in an amount not less than $10,000. The District shall be
included as an assured or. in lieu thereof, the drain layer shall file with the
Superintendent an owner's protective liability and property damage insurance
policy in the same limits as aforementioned. Each insurance certificate and policy
shall contain a statement by the insurance carrier not to cancel the policy or
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policies except upon 15 days'notice to the representative.
E. Each licensed drain layer shall file with the FISD a certificate of policy covering
workmen's compensation insurance, which shall remain in force for at least 12
months from the date of application, for a permit as provided in § 215-44-7.
§ 215-43 9 Standards for building sewers.
The following requirements of this section shall apply to any person licensed to do sewer work
and who has a building or house sewer permit to do such sewer work as provided in §§ 215-44- 7
and 215-42- 8 of this Part
A. Old building sewers may be used and connected to a public sewer when serving
new buildings only when they are found on examination or test by the Town
Engineer to meet all requirements of this section. The Town Engineer may
require, where indicated, the uncovering of old sewers for inspection.
B. A separate and independent building sewer shall be provided for every building,
except that, when two or more buildings are so situated that separate and
independent building sewers for each building would be impractical or impose
unnecessary hardship, the FISD may authorize a single building sewer connection
to the public sewer subject to such terms and conditions as to easement, design
and construction as the Town Engineer may require.
C. No building shall be connected to a public sewer unless the plumbing system of
said building has a soil vent pipe extended to a point above the roof. The FISD
may require that no running trap, main house trap or other device which might
prevent the free flow of air throughout the whole course of the building sewer,
house drain and said soil vent pipe, will be allowed.
D. The building sewer shall be cast-iron soil pipe, vitrified clay sewer pipe, polyvinyl
chloride pipe or other suitable material approved by the FISD. All pipe materials
shall conform to the latest standard specifications of the ASTM as approved by
the FISD. Any part of the building sewer that is located within 10 feet of a water
service pipe shall be constructed of cast-iron soil pipe. Wherever possible, water
service and house sewer pipes shall be laid in separate trenches. Where laid in the
same trench, the water pipe shall be laid on a bench at least 12 inches above the
top of the sewer pipe and at least 12 inches, and preferably 18 inches, from the
side of the sewer trench. Cast-iron pipe may be required where the building sewer
is exposed to damage by tree roots. If installed in filled or unstable ground, the
building sewer shall be of cast-iron soil pipe, except that nonmetallic material
may be accepted if laid on a suitable concrete bed or cradle as approved by the
FISD No building sewer shall be located within 25 feet of a cellar-drain or
groundwater drain unless pipe is of cast-iron.
E. The size and slope of the building sewer shall be subject to the approval of the
FISD, but in no event shall the diameter be less than six inches. The slope of such
six-inch pipe shall be not less than 1/4 inch per foot.
F. In all buildings where the building drain is too low to permit gravity flow to the
public sewer. sewage or other wastewaters carried by such drain shall be lifted by
approved artificial means and discharged to the building sewer through a cast-iron
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force main. All building drains, whether force mains or gravity lines, shall be of
cast-iron soil pipe from the inner face of the building wall to the point of
connection with the building or house sewer, and all joints, including that with the
building sewer, shall be made gastight and watertight by a method approved by
the Town Engineer.
G. Excavations and laying of building sewers.
(1) All excavations required for the installation of building sewer shall be
open trench work unless otherwise approved by the Town Engineer.
Whenever possible the building sewer shall be brought to the building at
an elevation below the basement floor. No building sewer shall be laid
parallel to or within three feet of any bearing wall which might thereby be
weakened. The depth of the building sewer shall be sufficient to afford
protection from frost and in general such depth shall not be less than three
feet below the finished ground surface at all points. All building sewers
shall be laid at uniform grade and in straight alignment insofar as possible.
(2) Building sewers shall be laid in the following manner: Gravel bedding
material will be required below all pipe and all utility structures. Gravel
bedding shall be placed to the full width of the trench and to a depth of six
inches below the bottom of the pipe invert. Gravel bedding shall be placed
12 inches beyond the widths of a utility structure foundation (base) and to
a depth of six inches from the bottom of the excavation to the bottom of
the foundation (base). After a pipe is bedded the trench shall be filled to
the center line of the pipe with gravel bedding except at the joint. After the
joint is inspected,that portion around the pipe shall be carefully and
thoroughly tamped. From the center line of the pipe to a point 12 inches
above the top of the pipe, the backfill shall be sand, placed by hand and
hand tamped. Above this point, backfill shall be suitable material from
excavation or bank-run gravel. This backfill shall be placed in layers eight
inches deep and each layer shall be compacted with mechanical tampers to
not less than 95% of maximum dry density.
(3) Building sewers shall be located at a sufficient distance from other parallel
pipes to permit alterations or repairs to any such pipes or the sewer pipe
without disturbing the other; they shall be well cleaned inside after laying;
and they shall conform to all reasonable requirements for good
constructions.
(4) The open ends of building sewers, building drains and building connection
laterals shall be kept closed or protected during construction and during
periods when work is suspended in order to exclude from the public sewer
all water or debris which might obstruct, damage or otherwise be
detrimental to the public sewer or sewage works. Abandoned building
sewers or drains shall be likewise promptly closed and sealed off from any
public sewer at the expense of the owner of the property.
H. All joints and connections for or between building sewers; building drains and
building connection laterals shall be made gastight and watertight as follows:
(1) Cast-iron, vitrified-clay sewer pipe, polyvinyl chloride pipe or other-
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suitable material approved by the FISD shall be gasketed and equipped
with tyton or mechanical joints. The pipe and joints shall conform to all
applicable ASA and ASTM specifications. No paint, varnish or other
coatings shall be permitted on any joint until after the joint has been tested
and approved.
(2) Air testing.
(a) The District shall require the use of low-pressure air testing of
gravity sewers to ensure that the joints are gastight and watertight.
The sewer line under test shall be plugged at both ends. The air
hose shall be connected to a tapped plug to be used for air inlet to
the line. The hose will be connected to portable air control
equipment which must include a shut-off valve,
pressure-regulating valve, pressure-reduction valve and a
monitoring pressure gauge with range from zero to five pounds per
square inch. Air shall be introduced from the air source
through the control equipment to the pipeline.
(b) Air shall be slowly supplied to the test section, until a constant
pressure of 3.5 pounds per square inch gauge is maintained. The
air pressure shall be regulated to prevent the pressure inside the
pipe from exceeding 5.0 pounds per square inch gauge. When
constant pressure of 3.5 pounds per square inch gauge is reached,
the air supply shall be throttled to maintain the internal pressure
above 3.0 pounds per square inch gauge and shut off or
disconnected from the air supply. The gauge shall be observed
until the air pressure reaches 3.0 pounds per square inch gauge. At
3.0 pounds per square inch gauge, the pressure drop shall be timed
with a stop watch until the pressure drops to 2.5 pounds per
square inch gauge. The time required for this
zero-and-five-tenth-pound-per-square-inch-gauge pressure drop
shall be recorded and compared to the following tabulation.
(c) Time requirements.
[1] If the time for the zero-and-five-tenth-pound-per-square -
inch-gauge drop is less than that shown, the section will be
considered to have failed, and the source of leakage must
be located, repaired and the section retested.
Time Requirements for Air Testing
Pipe Size (inches) Time (minutes)
8 or less 5:06
10 6:22
12 7:39
14 9:35
[2] Where groundwater level is about the invert of the sewer
line, the air test pressure must be increased 0.43 pounds per
square inch for each foot the groundwater level is above the
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invert of the pipe, and the resulting pressure computed will
be used for the starting pressure. The allowable drop (0.5
pounds per square inch gauge) and the time requirements
will not change.
[3] All joints in vitrified clay pipe, polyvinyl chloride pipe or
other approved pipe or between such pipes shall be made
with rubber or similar gaskets. Hot poured jointing
materials or cement mortar shall not be approved. Pipe and
joints shall conform to all applicable ASTM
specifications.
[4] Any jointing materials, other than those described in
Subsection H(1), (2) and (3) may be used only upon
approval by the Town Engineer.
[5] The connection of the building sewer into the public sewer
shall be made at the Y-branch if such branch is available at
a suitable location. If the public sewer is 12 inches in
diameter or less, and no properly located Y-branch is
available, the owner(s) shall at his expense install a Y-
branch in the public sewer at the location specified by the
Town Engineer. Where the public sewer is,greater than 12
inches in diameter, and no properly located Y-branch is
available, a neat hole may be cut into the public sewer to
receive the building sewer, with entry in the downstream
direction at an angle of about 45°. A forty-five-degree L
may be used to make such connection, with the spigot end
cut so as not to extend past the inner surface of the public
sewer. Where street sewers are of asbestos-cement sewer
pipe, the connection may be made with a cast-iron saddle in
the event that no fitting is available on the street sewer. The
invert of the building sewer at the point of connection to
twelve-inch diameter sewers or larger shall be connected to
either match the center lines of such street sewers or be
higher. A smooth neat joint shall be made, and the
connection made secure and watertight by encasement in
concrete. Special fittings may be used on the connection
only when approved by the District.
1. When the building sewer trench has been excavated, and the building sewer
repaired, altered or constructed; and is ready for inspection and connection to the
public sewer, the Town Engineer shall be notified during regular working hours
not less than eight hours in advance of the time when the connection to the public
sewer is planned. The connection of the building sewer to the public sewer shall
be made under the supervision of the FISD, and a record of all said connections
shall be kept by the District. If any person constructs. installs, alters or repairs any
building sewer or drain'connecting with a public sewer in the District in violation
of any section of this Part 2 1 or fails to give adequate notice to the Town
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Engineer for an inspection of the work, said Town Engineer may order all or any
portion of said work to be uncovered for inspection and approval.
J. All excavations for building sewer installations shall be adequately guarded with
barricades and lights so as to protect the public from hazard.
K. If any person, after proper order or direction from the District fails to remedy any
violation of this section or of any other section of these regulations,the Town
Engineer may disconnect the building sewer of the property where the violation
exists from the public sewer and may collect the cost of making such
disconnection from any person or persons responsible for, or willfully concerned
in, or who profited by such violation of the requirements of these regulations.
§ 215-44 10 Powers and authority of inspectors.
A. The Superintendent and any duly authorized employees of the District, the
Environmental Protection Agency and/or the DEC bearing proper credentials and
identification shall be permitted to enter all properties for the purpose of
inspection, observation, measurement, sampling and testing in accordance with
the provisions of this Part 21. The Superintendent or his representative shall have
no authority to inquire into any processes including metallurgical, chemical, oil,
refining, ceramic,paper or other industries beyond that point that has a direct
bearing on the kind and source of discharge to the sewers or waterways or
facilities for waste treatment.
B. While performing the necessary work on private properties referred to in §
215-44A IIA above, the Superintendent or duly authorized employees of the
District shall observe all safety rules applicable to the premises established by the
owner(s) and the owner(s) shall be held harmless for injury or death to the District
employees and against liability claims and demands for personal injury or
property damage asserted against the owner(s) and growing out of the
gauging and sampling operation, except as such may be caused by negligence or
failure of the owner(s) to maintain safe conditions as required in § 215-3s-l-. 41.
C. All duly authorized employees and/or representatives of the District bearing
proper credentials and identification shall be permitted to enter all private
properties through which the District holds a duly negotiated easement for the
purposes of, but not limited to inspection, observation, measurement, sampling,
repair and maintenance of any portion of the sewage works lying within said
easement. All entry and subsequent work, if any, on said easement shall be done
in full accordance with the terms of the duly negotiated easement pertaining to
the private property involved.
§ 215-4-5 11 Penalties for offenses; disconnection.
A. Any person found to be violating any provision of this Part 2 1 except § 215-40 6
shall be served by the District 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 violate any provision of this Part 2 1 shall be guilty of an
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offense punishable by a fine not to exceed $5,000 or imprisonment for a period
not to exceed 15 days, or both such fine and imprisonment. Each day that any
violation of this Part-21 continues and each day that any person continues to
discharge prohibited wastes or substances into any public sewer shall be deemed
to be a separate and additional offense.
C. Any person who fails to cease and desist violation of this Part 21 upon
notification thereof may, after the period of time stated in the notice for correction
thereof, be disconnected from the public sewer system. Notice of disconnection
shall be served by the District not less than 10 days prior to the actual
disconnection.
§ 215-46 12 Discretionary monitoring of effluents.
The District may require as a condition to the connection and/or continued use of the District's
sewer facilities that flow-metering, pH-monitoring and suitable effluent-sampling stations be
provided at the owner'(s) expense by industry connected to the District sewer system as required
by prudent engineering standards.
§ 215-47- 13 Severability.
If any section, clause, sentence or provision of this Part-21 be adjudged invalid or
unenforceable, such adjudications shall not affect the validity of any other provision hereof, but
all other provisions shall be deemed valid and effective and shall remain in full force and effect.
Part-3 2 Sewer Rents and Charges
Article XV II Sewer Rents and Charges
§ 215-48 14 Purpose.
Pursuant to the provisions of Article 14-F of the General Municipal Law, the Town Board, acting
for and on behalf of the Fishers Island Sewer District (FISD), does hereby establish a scale of
annual charged to be called "sewer rents" for the use of the sewer system within the FISD.
§ 215-49 15 Rents; penalty for late payment.
A. In addition to any and all other fees and charges provided by law, the owner of a
parcel of land served by the sanitary sewer system of the FISD shall pay an
annual sewer rent for the use of such sanitary sewer system, which shall be based
upon an annual charge of$450 for each separate dwelling unit served by the
system. Such annual sewer rents shall be paid in semiannual installments of$225
on the first day of January and June of each year.
B. If such sewer rents are not paid within 30 days of the due date, a penalty of 5%
shall be paid.
§ 21549 16 Liens.
Sewer rents shall constitute a lien upon the real property served by the sewer system or such part
or parts thereof for which sewer rents shall have been established or imposed. The lien shall be
prior and superior to every other lien or claim except the lien of an existing tax; assessment or
other lawful charge imposed by or for the state or a political subdivision or district thereof.
Generated December 15, 2021 Page 71
Southold Town Board - Letter Board Meeting of December 14, 2021
§ 215--541- 17 Actions to collect rents.
The Town Board, on behalf of the sewer district, may bring and maintain an action as upon
contract for sewer rents in arrears, including penalties and interest, or to foreclose liens for such
sewer rents. As an alternative to the maintenance of any such action, the Town Board may
annually cause a statement to be prepared setting forth the amount of each lien for sewer rents in
arrears, the real property affected thereby and the name of the person in whose name such real
property is assessed. Such statement shall be presented to the board or body empowered to levy
Town taxes on or before a date to be specified by such board or body. Such board or body shall
levy the amounts contained in such statement against the real property liable at the same time
and in the same manner as Town taxes, and such amounts shall be set forth in a separate column
in the annual tax rolls. The amounts so levied shall be collected and enforced in the same manner
and at the same time as may be provided by law for the collection and enforcement'of Town
taxes.
§ 215-52 18 Sewer rent fund.
A. Revenues derived from sewer rents, including penalties and interest, shall be
credited to a special fund to be known as the "sewer rent fund." Moneys in such
fund shall be used in the following order:
(1) For the payment of the costs of operation, maintenance and repair of the
sewer system or such part or parts thereof for which sewer rents have been
established and imposed.
(2) For the payment of the interest on and amortization of or payment of
indebtedness which has been or shall be incurred for the construction of
the sewer system or such part or parts thereof for which sewer rents have
been established and imposed (other than indebtedness, and the interest
thereon, which is to be paid in the first instance from assessments upon
benefited real property).
(3) For the construction of sewage treatment and disposal works with
necessary appurtenances, including pumping stations, or for the extension,
enlargement or replacement of or additions to such sewer systems or part
or parts thereof.
B. Such revenues from sewer rents shall not be used to finance the cost of any
extension of any part of a sewer system (other than any sewage treatment and
disposal works with necessary appurtenances, including pumping stations) to
serve unsewered areas if such part has been constructed wholly or partly at the
expense of real property especially benefited; or for the payment of the interest on
and the amortization of indebtedness which is to be paid in the first instance from
assessments upon benefited real property.
n
Elizabeth A. Neville
Southold Town Clerk
Generated December 15. 2021 Page 72
Southold Town Board - Letter Board Meeting of December 14, 2021
RESULT: ADOPTED [UNANIMOUS]
MOVER: James Dinizio Jr, Councilman
SECONDER:Jill Doherty, Councilwoman
AYES: Nappa, Dinizio Jr, Doherty, Ghosio, Evans, Russell
Generated December 15. 2021 Page 73