Loading...
HomeMy WebLinkAboutChapter 75 - 1985SCAVENGER WASTES Chapter 75 From the CODE of the Town of SOUTHOLD GENERAL CODE PUBLISHERS CORP. SCAVENGER WASTES Chapter 75 From the CODE of the TOWN OF SOUTHOLD COUNTY OF SUFFOLK STATE OF NEW YORK [Printed as last amended 7-30-85 by L.L. No. 12-1985. Consult municipal records for possible amendments adopted there- after.] GENERAL CODE PUBLISHERS CORP. 72 Hinchey Road Rochester, New York 14624 1985 SCAVENGER WASTES Chapter 75 SCAVENGER WASTES § 75-1.1. Title. § 75-1.2. Definitions. § 75-1.3. Purpose. ARTICLE I General Provisions ARTICLE II Transportation § 75-2.1. License required. § 75-2.2. License applications. § 75-2.3. License fees. § 75-2.4. Pump -out reports. ARTICLE III Construction and Alteration § 75-3.1. Permit required. § 75-3.2. Civil penalty. § 75-3.3. Permit fees. ARTICLE IV Septic Tanks and Cesspools § 75-4.1. Affected properties. § 75-4.2. Operation permit required. 7501 9-25-85 SOUTHOLD CODE § 75-4.3. Exceptions. § 75-4.4. No permit required of tenants. § 75-4.5. Nontransferability of permit. ARTICLE V Rates and Fees § 75-5.1. Fees for alteration and construction permits. § 75-5.2. Fees for operation permit. § 75-5.3. Tax rate. ARTICLE VI Construction Requirements § 75-6.1. Standards. § 75-6.2. Location. § 75-6.3. Covering. ARTICLE VII Inspections and Maintenance § 75-7.1. Frequency of inspections; responsibility of owner. § 75-7.2. Right of entry; notice. § 75-7.3. Civil claims. § 75-7.4. Right to require maintenance. ARTICLE VIII Disposal Fees § 75-8.1. Fee to be set by resolution. 7502 9-25-85 SCAVENGER WASTES ARTICLE IX Improper Disposal § 75-9.1. Dumping prohibited. ARTICLE X Prohibited Wastes § 75-10.1. Prohibited wastes enumerated. § 75-10.2. Discharge. ARTICLE XI . Administration and Enforcement § 75-11.1. Administration and enforcement officer. § 75-11.2. Notice of violation. § 75-11.3. Compliance required; penalties for offenses. ARTICLE XII Costs and Expenses § 7542.1. Assessment of costs. ARTICLE XIII Effective Date § 75-13.1. When effective. [HISTORY: Adopted by the Town Board of the Town of South- old 7-30-85 as Local Law No. 12-1985. Amendments noted where applicable.] 7503 5-25-88 § 75-1.1 SOUTHOLD CODE- § 75-1.2 ARTICLE I General - Provisions § 75-1.1. Title. = This chapter shall be known and may be cited as the "Southold Scavenger Waste Disposal Law." § 75-1.2. Definitions. Unless the context indicates otherwise, the following terms shall, for the purpose of this chapter, have the meanings herein indicated: BOARD — The Southold Town"Board, acting for and on be- half of the Southold Wastewater Disposal District. CARTER — Any trucker, hauler or enterprise that is li- censed within the District to provide on-site system pumping and other maintenance assistance. CESSPOOL — Any cesspool which essentially operates .as a combined septic tank/drain field process. Since the solids re- main in one (1) tank, they tend to clog more quickly than sep- tic tanks which have drain field systems. Although these sys- tems were previously in widespread use, they are not ac- ceptable for new construction due to their inefficiencies. DISTRICT — The Southold Wastewater Disposal District. DRAIN FIELD — A tile field consisting of perforated pipes in below -ground trenches, which allow the clarified effluent from the septic tank to percolate to the groundwater (under- ground water) or a circular below -grade tank with openings, constructed in the sidewalls which provide for drainage of the treated liquid. EASEMENT — An interest in land owned by another that entitled its holder to a specific limited use. ON-SITE SYSTEM — Any below -grade cesspool, septic tank and drain field as defined herein for the disposal of sanitary sewage and normal domestic wastes. PERSON — Any person, firm, partnership, association, cor- poration, company, organization or other legal entity of any 7504 5-25-88 § 75-1.2 SCAVENGER WASTES § 75-2.1 kind, including municipal corporations or governmental agen- cies or subdivisions thereof. SCAVENGER WASTE PRETREATMENT FACILITY — A treatment plant designed to receive septage (scavenger waste) and treat it to levels acceptable for discharge to the Greenport Sewage Treatment Plant for further treatment. SEPTAGE (SCAVENGER WASTE) — The solid and liquid material removed from a cesspool or septic tank during pumping. SEPTIC TANK — Any buried, watertight receptacle de- signed and constructed to receive wastewater from a home, to separate solids from liquid, to provide limited digestion of or- ganic matter, to store solids and to allow the clarified liquid to leach into the surrounding soils. SEWAGE TREATMENT PLANT — Any arrangement of devices and structures used for treating sewage, exclusive of cesspools, septic tanks and drain fields as described herein. § 75-1.3. Purpose. The Southold Wastewater Disposal District was established by an order of the Southold Town Board, adopted on February 15, 1983, as amended, by an order of said Board adopted on May 24, 1983, for the purpose of protecting the ground- and surface waters within said District from the disposition of scavenger waste by providing a waste- water pretreatment facility at the site of the sewer treatment plant of the Village of Greenport for the disposal of scavenger waste in the District and providing regulations to protect the health and water quality and to prevent the contamination of the water supply within the District. ARTICLE II Transportation § 75-2.1. License required. No person shall engage in the removal of scavenger waste from any cesspool or septic tank located within the District who does not possess a currently valid license issued by the Southold Town Clerk. 7505 9-25-85 § 75-2.2 SOUTHOLD CODE § 75-2.4 § 75-2.2. License applications. An applicant for a license as required by § 75-2.1 hereof shall file a sworn statement with the Town Clerk on the form prescribed stat- ing the name and address of the applicant; and the type, model and capacity (in gallons) of all vehicles to be used. Additionally, such form shall state: "I, .......... being duly sworn, state and depose that I am famil- iar with the requirements of the Southold Scavenger Waste Law. That I will report the address and exact location of all septic tanks and cesspools pumped by me or by my business within the Southold Wastewater Disposal District as required by § 75-2.4 of said law and that failure to do so will result in the assessment of a civil penalty of one hundred dollars ($100.) for each violation." § 75-2.3. License fees. Prior to issuance of the license required by § 75-2.1 hereof, the Town Clerk shall collect a fee in an amount prescribed by resolution of the Town Board. § 75-2.4. Pump -out reports. Each carter of scavenger waste, licensed pursuant to this chapter, shall file a report with the Village of Greenport stating the address and exact location of each cesspool or septic tank pumped, on a form to be supplied by the Town Clerk, prior to disposing of a scavenger waste load. Failure of any carter to file such report shall result in the imposition of a one -hundred -dollar civil penalty for each cesspool or septic tank pumped but not reported as required herein. The report shall have the following information: A. The name and address of the owner. B. The address of the system if different than the owner. C. The date of pump -out. D. The quantity of pump -out. E. The type of waste. 7506 9-25-85 § 75-2.4 SCAVENGER WASTES § 75-4.1 F. The signatures of the owner and the hauler. ARTICLE III Construction and Alteration § 75-3.1. Permit required. No person shall construct, modify, repair or replace any septic tank or cesspool, or any part thereof, located within the Southold Wastewater Disposal District, without obtaining a permit from the Town Clerk within five (5) business days prior to the date work commences. Such permit shall state the exact location and address of the work in the manner and form specified by the Town Clerk. § 75-3.2. Civil penalty. Failure of any person to obtain such permit shall constitute a viola- tion punishable by a civil penalty of up to one hundred dollars ($100.). § 75-3.3. Permit fees. The fee charged for such a construction and alteration permit shall be in such amount as shall be, from time to time, prescribed by reso- lution of the Board. ARTICLE IV Septic Tanks and Cesspools § 75-4.1. Affected properties. All real property within the Southold Wastewater Disposal Dis- trict whereon any on-site disposal system, such as a septic tank or cesspool is constructed or operated, whether the same is within or outside the geographical area of the District, shall be subject to the permit requirement herein provided. 7507 9-25-85 § 75-4.2 SOUTHOLD CODE § 75-4.5 § 75-4.2. Operation permit required. Each owner of real property hereafter operating an on-site sewage disposal system, such as a septic tank or cesspool, except as modified by § 75-4.3 hereof, must, prior to such operation, possess in the name of the owner a current septic tank or cesspool operation permit issued by the Town Clerk. The "owner" is defined to mean a natural person, corporation, the state or any authority or subdivision hereof, the United States or any department or agency thereof and any rent- er, tenant, lessee or occupant of the premises. § 75-4.3. Exceptions. Within five (5) years after the effective date of this chapter, no permit shall be required of any owner, his successors, representatives or assigns, operating such an on-site system, at the date this chapter takes effect, provided that such on-site system is not thereafter pumped or other maintenance measures required. At such time as such on-site system requires pumping or other maintenance mea- sures, the owner shall obtain the permit described in § 75-4.2 above. Subsequent to four (4) years after the effective date of this chapter, owners of on-site systems within the Southold Wastewater Disposal District must obtain an operating permit. § 75-4.4. No permit required of tenants. No permit shall be required of any renter, tenant, lessee or occu- pant, provided that the owner of the premises has a currently valid permit issued in the owner's name or if the owner is excepted pursu- ant to § 75-4.3 hereof. § 75-4.5. Nontransferability of permit. Once a permit has been issued, it may be transferred without charge to subsequent owners by the Town Clerk upon presentation of the deed of conveyance; provided, however, that there is no existing violation as to the operation or other maintenance measures of the system. 7508 9-25-85 § 75-5.1 SCAVENGER WASTES § 75-5.3 ARTICLE V Rates and Fees § 75-5.1. Fees for alteration and construction permits. Fees for permits for new construction, alteration or reconstruction of an on-site system shall be applied to the operating costs of the District. A. The fee for a construction, alteration or reconstruction permit for an on-site system located on premises used exclusively for residential purposes shall be such fee as shall, from time to time, be prescribed by resolution of the Board. B. The fee for a construction, alteration or reconstruction permit for an on-site system, located on premises used in whole or in part for nonresidential purposes shall be such fee as shall, from time to time, be prescribed by resolution of the Board. § 75-5.2. Fees for operation permit. Fees for operation permits shall be applied to the operating costs of the District. A. The fee for an operation permit for an on-site system, located on premises used exclusively for residential purposes shall be such fee as shall, from time to time, be prescribed by resolu- tion of the Board. B. The fee for an operation permit for an on-site system located on premises used in whole or in part for nonresidential pur- poses shall be such fee as shall, from time to time, be pre- scribed by resolution of the Board. § 75-5.3. Tax rate. The Town Board shall, by resolution, establish the tax rate to cover the cost of debt service of the Southold Scavenger Waste Pretreat- ment Facility, as well as future capital purchases and administrative costs. Operating and maintenance costs will be collected by user fees as prescribed by § 75-8.1. 7509 9-25-85 § 75-6.1 SOUTHOLD CODE § 75-7.1 ARTICLE VI Construction Requirements § 75-6.1. Standards. All new construction of septic tanks, cesspool or other on-site sys- tems shall conform to Standards for Sewage and Waste Disposal Systems, as then established by the Suffolk County Department of Health Services. § 75-6.2. Location. All new construction shall be located as prescribed by the Suffolk County Department of Health Services and at a location where pumping can occur without trespassing on lands of another owner, unless an express easement for that purpose over another owner's premises exists. § 75-6.3. Covering. All septic tanks and cesspools shall be covered in a manner that permits inspection as provided herein without removal of grass, dirt or other similar landscaping. ARTICLE VII Inspections and Maintenance § 75-7.1. Frequency of inspections; responsibility of owner A. At the end of three (3) years after issuance of an operation permit hereunder, or sooner as conditions may require as de- termined by the town, the system shall be inspected by quali- fied inspectors employed by the Southold Town Board. The town has the right to waive said inspection. B. In all cases, it shall be the responsibility of the owner to locate and remove the cover of the septic tank or cesspool for inspec- tion by the Town Inspector. Should such owner refuse to lo- cate and remove the cover of said system, the town has the 7510 9-25-85 § 75-7.1 SCAVENGER WASTES § 75-7.4 right to locate and remove the cover of the cesspool or septic tank and bill the owner for all costs incurred. § 75-7.2. Right of entry; notice. As a condition to obtaining the operation permit required here- under, the owner shall give his consent, at the time of applying for and obtaining such permit, to such inspectors employed by the town to enter on the owner's premises to make the necessary inspections. The hours of inspection are to be from 9:00 a.m. to 5:00 p.m. on Mon- day through Friday. Ten (10) days written notice is to be given to the owner that an inspection will be made. In cases where an emergency exists, the town shall reserve the right to waiver such notice. § 75-7.3. Civil claims. No civil claim shall lie against the town for any damages resulting from any inspection as authorized herein. § 75-7.4. Right to require maintenance. A. Every owner of an operation permit shall have his on-site sep- tic system pumped on a frequency of not less than once every three (3) years. Should such owner refuse to pump said sys- tem, the town has the right to pump said system and bill the owner thereof. B. Notwithstanding the foregoing provisions of this § 75-7.4, the Town Inspector is authorized to extend the time of pumping an on-site septic system in cases where it is determined that, due to the size, type, location and/or frequency of use of an on-site septic system, such system is not required to be pumped once every three (3) years. C. The town also has the right to require every owner of an op- eration permit to repair a malfunctioning on-site system. Should such owner refuse to perform the same, the town has the right to repair said system and bill the owner therefor. 7511 9-25-85 § 75-8.1 SOUTHOLD CODE § 75-10.1 ARTICLE VIII Disposal Fees § 75-8.1. Fee to beset by resolution. The Town Board shall, by resolution, set the fee for the transport- ing to and disposing of scavenger waste at the Southold Scavenger Waste Pretreatment Facility, at such fee per gallon as shall, from time to time, be prescribed by resolution of the Board. The fee to be paid shall be calculated on full -tank capacity and shall be applied against the operation and maintenance costs of the facility. ARTICLE IX Improper Disposal § 75-9.1. Dumping prohibited. No scavenger waste removed from any cesspool or septic tank within the Southold Wastewater Disposal District shall be dumped or disposed at any location within the Town of Southold except at the Scavenger Waste Pretreatment Facility. ARTICLE X Prohibited Wastes § 75-10.1. Prohibited wastes enumerated. Only sanitary sewage and normal domestic wastes shall be dis- charged into on-site wastewater disposal systems. The following waste shall not be discharged into the system and shall be considered as prohibited wastes: A. Industrial waste. B. Automobile oil and other noncooking oils. C. Drainage from basement floors, footings or roofs. D. Toxic or hazardous substances and chemicals, including but not limited to pesticides, acids, paints, paint thinner, herbi- cides, solvents, photographic chemicals and water -softening agents. 7512 9-25-85 § 75-10.1 SCAVENGER WASTES § 75-11.2 E. Cesspool cleaning and drain opening products which are prohibited by Article 39 of the New York State Conservation Law, or Suffolk County Local Law No. 12-1980. § 75-10.2. Discharge. No person shall knowingly discharge prohibited waste at the Southold Scavenger Waste Pretreatment Facility. ARTICLE XI Administration and Enforcement § 75-.11.1. Administration and enforcement officer. The Town Board shall appoint a Sanitation Inspector (referred to in this chapter as the "Inspector') who shall administer and enforce the provisions of this chapter. § 75-11.2. Notice of violation. A. Whenever the Inspector has reasonable grounds to believe that operations regulated hereby are being conducted in vio- lation of the provisions of this chapter or not in compliance with a permit or license issued pursuant to this chapter, he may notify the owner of the property or the owner's agent or the person performing such operations, or the carter, to sus- pend all operations, and any such person shall forthwith cease operations until such notice of violation has been rescinded. B. Such notice shall be in writing, shall specify the violation and shall state the conditions which must be complied with and . the time. within which compliance must be completed before operations may be resumed. C. Such notice shall, be served upon the person to whom it is directed by delivering it to him personally or by posting the same in a conspicuous place on the premises where operations. are being conducted and mailing a copy thereof to such per- son by certified mail to his last known address. 7513 5-25-88 § 75-11.2 SOUTHOLD CODE § .75-11.3 D. The Inspector -may extend the time of compliance specified in the notice of violation where there is evidence of intent to comply within the time specified and conditions exist which prevent immediate compliance. E. In the event that the person upon whom a notice of violation has been served shall fail to comply with said notice within the time specified therein or within the time specified in any extension of time issued by the Inspector, any permit or li- cense issued to such person pursuant to this chapter shall be deemed revoked. F. It shall be unlawful for any person served with a notice of violation pursuant to § 75-11.2C to fail to comply with such notice. [Added 3-22-88 by L.L. No. 4-19881 § 75-11.3. Compliance required; penalties for offenses. A. It shall be unlawful for any carter, owner, occupant, builder, architect, contractor or their agents or any other person to fail to comply with a written notice, directive or order of the Inspector or to conduct any operation in a manner not in compliance with a permit issued pursuant to this chapter. [Added 3-22-88 by L.L. No. 4-1988] B. For each offense against any of the provisions of this chapter or any regulation made pursuant thereto or failure to comply with a written notice or order of the Inspector within the time fixed for compliance therewith, the carter, owner, occupant, builder, architect, contractor or their agents or any other per- son who commits, takes part -or assists in the commission of any such offense or who shall fail to comply with a written order or notice of the Inspector shall, upon a first conviction thereof, be guilty of a violation punishable by a fine of not exceeding five hundred dollars ($500.) or imprisonment for a period not to exceed fifteen (15) days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within eighteen (18) months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding one 7514 5-25-88 § 75-11.3 SCAVENGER WASTES § 75-11.3 thousand five hundred dollars ($1,500.) or imprisonment for a period not to exceed fifteen (15) days, or both such fine and imprisonment. C. In addition to the above -provided penalties, the Board may also maintain an action or proceeding in the name of the District, in a court of competent jurisdiction, to compel compliance with or to restrain any injunction the violation of this chapter. (Confd on page 7515) 7514.1 5-25-88 § 75-12.1 SCAVENGER WASTES § 75-13.1 ARTICLE XII Costs and Expenses § 75-12.1. Assessment of costs. All costs and expenses incurred by the District in connection with any proceeding or any work done pursuant to this chapter shall be assessed against the land on which such costs and expenses were in- curred, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or locat- ed, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner shall fail to pay such expenses within ten (10) days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner thereof, with the Asses- sors, who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as is provided by law for the collection and enforcement of real property taxes in the Town of Southold. ARTICLE XIII Effective Date § 75-13.1. When effective. The provisions of this Chapter 75 shall become effective on the first day of the month subsequent to the completion of construction, and the commencement of operations of the District's Scavenger Waste Pretreatment Facility. 7515 9-25-85