Town of Wappinger, NY Article VII Sewer Use

[Adopted 9-28-1992 by L.L. No. 9-1992]

§ 196-15 Definitions.

A. Unless the context specifically indicates otherwise, the meaning of terms used in this article shall be as follows:

BOD (“DENOTING BIOCHEMICAL OXYGEN DEMAND”)

The quantity of oxygen utilized in the biochemical oxidation of organic matter under the standard laboratory procedure in five days at 20° C., expressed in milligrams per liter.

BUILDING DRAIN

That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (1.5 meters) outside the inner face of the building wall.

BUILDING SEWER

The extension from the building drain to the public sewer or other place of disposal.

COOLING WATER

The water discharged from any system of condensation, air conditioning, cooling, refrigeration or other, but which shall be free from odor and oil. It shall contain no polluting substances which could produce BOD or suspended solids, each in excess of 10 parts per million by weight.

ENGINEER

The engineer to the specific sewer districts, sewer improvement areas or other municipal systems of the Town of Wappinger.

GARBAGE

Solid wastes from the domestic and commercial preparations, cooking and dispensing of food and from the handling, storage and sale of produce.

INDUSTRIAL WASTES

The liquid wastes from industrial manufacturing processes, trade or business as distinct from sanitary sewage.

NATURAL OUTLET

Any outlet into a watercourse, pond, ditch or other body of surface water or groundwater.

NORMAL SEWAGE

Sewage shall be regarded as normal for the Town if analysis shows, by weight, a daily average of not more than 300 parts per million of suspended solids, not more than 240 parts per million of BOD and not more than 50 parts per million of either soluble matter (grease or oil) each per million gallons of daily flow.

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.

PROPERLY SHREDDED GARBAGE

The wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch (1.27 centimeters) in any dimension.

PUBLIC SEWER

A sewer in which all owners of abutting properties have equal rights and is controlled by public authority.

SANITARY SEWER

A sewer which carries sewage and to which stormwater, surface water and groundwater are not intentionally admitted.

SEWER

A pipe or conduit for carrying wastewater (sewage).

SLUG

Any discharge of water, wastewater 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 of flows during normal operation.

STORM DRAIN (SOMETIMES TERMED STORM SEWER)

A sewer which carries stormwater and surface water and drainage, but excludes wastewater and industrial wastes, other than unpolluted cooling water.

SUBDIVISION

The division of any parcel of land into two or more lots, plots, sites or other divisions of land for immediate or future sale for building development in such a way as to create one or more new streets.

SUPERINTENDENT

Any licensed operator of wastewater facilities of the Town of Wappinger.

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 laboratory filtering.

TOWN

The Town of Wappinger, Dutchess County, New York.

UNPOLLUTED WATER OR WASTE

Any water or waste containing none of the following: free or emulsified grease or oil, acid of alkali, phenols or other substances imparting taste or odor in receiving waters; toxic or poisonous substances in suspension, colloidal state or solution; noxious or odorous gases. It shall contain not more than 10,000 parts per million by weight of dissolved solids of which not more than 2,500 parts per million shall be as chlorides with permissible volumes subject to review by the engineer and not more than 10 parts per million each of suspended solids and BOD. The color shall not exceed 50 parts per million.

WASTEWATER (SOMETIMES CALLED SEWAGE)

The spent water of a community. From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions, together with any groundwater, surface water and stormwater that may be present.

WASTEWATER, DOMESTIC

Wastewater derived principally from dwellings, office buildings, institutions and the like. It may or may not contain groundwater, surface water or stormwater.

WASTEWATER FACILITIES (SOMETIMES CALLED SEWAGE WORKS)

The structures, equipment and processes that collect, carry away and treat domestic and industrial wastes and dispose of the effluent.

WASTEWATER, SANITARY (SOMETIMES CALLED SANITARY SEWAGE)

(1) Domestic wastewater with stormwater and surface water excluded.

(2) Wastewater discharging from the sanitary fixtures of dwellings (including apartment houses and hotels), office buildings, industrial plants or institutions.

(3) The water supply of a community after it has been used and discharged into a sewer.

WASTEWATER TREATMENT WORKS (FORMERLY SEWAGE TREATMENT PLANT)

(1) An arrangement of devices and structures for treating wastewater, industrial wastes and sludge.

(2) A water pollution control plant.

WATERCOURSE

A channel in which a flow of water occurs, either continuously or intermittently.

B. "Shall" is mandatory; "may" is permissive.

§ 196-16 Use of public sewers required.

A. It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the Town of Wappinger or in any area under the jurisdiction of the Wappinger Sewer Transmission/Treatment Improvement Area any human or animal excrement, garbage or other objectionable waste.

B. It shall be unlawful to discharge to any natural outlet within the Wappinger Sewer Transmission/Treatment Improvement Area or into any area under the jurisdiction of said Wappinger Sewer Transmission/Treatment Improvement Area any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this article, regulations of the New York State Department of Environmental Conservation and the Dutchess County Health Department.

C. Except as hereinafter provided in § 196-17, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of wastewater.

D. So far as is practicable, industrial waste shall be discharged into the Wappinger Sewer Transmission/Treatment Improvement Area sewer system with or without pretreatment, provided that the consent of the engineer is first obtained and the rules, regulations and standards hereinafter prescribed are complied with, in the judgment of the engineer.

E. Written approval by the engineer is required for all new discharges of industrial waste after the effective date of this article. These shall include all wastes in which the quantity, temperature or chemical characteristics are altered in operation procedures and equipment changes.

F. The discharge of industrial cooling water to the Wappinger Sewer Transmission/Treatment Improvement Area sewer system is not permitted except by specific written approval by the engineer.

G. The owners of property being developed as a subdivision having plot sizes less than one acre per dwelling unit or being in a legal sewer district, sewer improvement area or other municipal sewer system shall construct such sewers and appurtenances thereto as are shown on the map or plot and the plans, profiles and drawings accompanying said plot, approved by the Dutchess County Health Department and the engineer and filed in the office of the Planning Board of the town. Such sewers shall be constructed in accordance with the specifications contained in or referred to in the Rules and Regulations of the said Planning Board, the Dutchess County Health Department and the town. The plans, drawings and design shall be approved by the engineer.

H. The owners of property being developed into multiple dwellings, commercial installations, industrial sites, public gathering places, schools and offices shall construct such building drains and building sewers as shown on the map or plot, approved by the Dutchess County Health Department and the engineer and conforming to the requirements and specifications of the town.

I. No portion of this section shall be construed to interfere with or modify the requirements of design, inspection and approval which are imposed by the appropriate health officials and the State of New York Department of Environmental Conservation and County Health Departments.

§ 196-17 Private wastewater disposal.

A. Where a public sanitary sewer is not immediately available as in Phase III of the Wappinger Sewer Transmission/Treatment Improvement Area, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of this section. The private wastewater disposal shall remain in service until such time as public sewer is available.

B. Before commencement of construction of a private wastewater disposal system, the owner shall first obtain approval by the Dutchess County Health Department.

C. A certificate of occupancy shall not be issued by the Town until the installation of the private wastewater disposal system is completed to the satisfaction of the Dutchess County Health Department and proper forms filed with the Town Building Inspector.

D. The type, capacities, location and layout of a private wastewater disposal system shall comply with all recommendations of the Department of Public Health of the State of New York and the Dutchess County Health Department. No septic tank or cesspool shall be permitted to discharge to any natural outlet.

E. At such time as a public sewer becomes available to a property served by a private wastewater disposal system, as provided in Subsection D above, a direct connection shall be made to the public sewer in compliance with this article and any septic tanks, cesspools and similar private wastewater disposal facilities shall be abandoned and filled with suitable material.

F. The owner shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times, at no expense to the town.

G. No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the Health Officer.

§ 196-18 Building sewers and connections.

A. No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining permission from the Superintendent and/or engineer.

B. There shall be two classes of building sewer permits:

(1) For residential and commercial service; and

(2) For service to establishments producing industrial wastes. In either case, the owner or his agent shall make application on a special form furnished by the town. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the town. A permit and inspection fee as set from time to time by resolution of the Town Board for a residential or commercial building sewer permit shall be paid to the Town at the time the application is filed. A permit and inspection fee as set from time to time by resolution of the Town Board for an industrial permit shall be paid to the Town at the time the application is filed.

C. All costs and expense incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the Town from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

D. A separate and independent building sewer shall be provided for every building. Where one building stands at the rear of another on an interior lot, the sewer main shall be extended in order that each building shall have its own lateral.

E. Old building sewers may be used in connection with new buildings only when they are found, on examination by the Superintendent, to meet all requirements of this article.

F. All building sewers shall be four-inch pipe minimum with a slope of no less than 1/4 inch per foot. All materials and construction procedures shall conform to the requirements of the New York State Building and Plumbing Codes, requirements of the Dutchess County Health Department ("Appendix 75-A Wastewater Treatment Standards - Individual Household Systems" and "Design Standards for Wastewater Treatment Works") and/or other applicable regulations of the town.

G. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary wastewater carried by such building drain shall be lifted by an approved means and discharged to the building sewer.

H. No person shall make connections of roof downspouts, sump pumps, exterior foundation drains, areaway drains or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected, directly or indirectly, to a public sanitary sewer.

I. The connection of the building sewer into the public sewer shall conform to the requirements of the New York State Building and Plumbing Codes, Dutchess County Health Department requirements as cited in Subsection F above and any applicable regulations of the town.

J. The applicant for the building sewer permit shall notify the Superintendent when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Superintendent or his representative.

K. Prior to any excavation for building sewer installation, road opening permits, requiring insurance and bonds, shall be acquired from the Town Highway Superintendent.

L. All excavation for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the town.

§ 196-19 Use of public sewers.

A. No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters to any sanitary sewer.

B. Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers or to a natural outlet approved by the town, Building Inspector and/or Highway Superintendent. Industrial cooling water or unpolluted process waters may be discarded, on approval only by the New York State Department of Environmental Conservation, to a storm sewer or natural outlet. Discharges of cooling waters to state waters are required to apply for a SPDES (State Pollutant Discharge Elimination System) permit.

C. No person 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 or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a public nuisance or create any hazard in the receiving waters of the wastewater treatment plant, including but not limited to cyanides in excess of two mg/l as CN in the wastes as discharged to the public sewer.

(3) Any waters or wastes having a pH lower than 5.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel or the wastewater facilities.

(4) Solid or viscous substances in quantities or of 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, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.

(5) Any liquid or vapor at such temperatures or in such quantities to cause the influent wastewater temperature at the treatment plant to exceed 40° C. (104° F.).

D. No person shall discharge or cause to be discharged the following described substances, materials, waters or wastes if it appears likely in the opinion of the engineer/Superintendent that such wastes can harm either the sewers, wastewater treatment process or equipment, have an adverse effect on the receiving stream or can otherwise endanger life, limb, public property or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the engineer and/or Superintendent will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the wastewater treatment process, capacity of the wastewater treatment plant, degree of treatability of wastes in the wastewater treatment plant and other pertinent factors. The substances prohibited are:

(1) Any liquid or vapor 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 viscous at temperatures between 32° and 150° F. (0° and 65° C.).

(3) Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of 3/4 horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the Superintendent.

(4) Any waters or wastes containing strong acid iron pickling wastes or concentrated plating solutions, whether neutralized or not.

(5) 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 wastewater treatment works exceeds the limits established by the Superintendent for such materials.

(6) Any waters or wastes containing phenels or other taste-producing or odor-producing substances, in such concentrations exceeding limits which may be established by the Superintendent as necessary, after treatment of the composite sewage, to meet the requirements of the state, federal or other public agencies of jurisdiction for such discharge to the receiving waters.

(7) Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Superintendent in compliance with applicable state or federal regulations.

(8) Any waters or wastes having a pH in excess of 9.5.

(9) Materials which exert or cause:

(a) Unusual concentrations of inert suspended solids (such as, but not limited to, Fullers earth, 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, chemical oxygen demand or chlorine requirements in such quantities as to constitute a significant load on the wastewater treatment works.

(d) Unusual volume of flow or concentration of wastes constituting slugs, as defined herein. All slug discharges must be immediately reported by the user to the Superintendent.

(10) Waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed or are amenable to treatment only to such degree that the wastewater treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.

E. Discharge of certain waters or wastes.

(1) If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Subsection D of this section and which, in the judgment of the Superintendent, may have a deleterious effect upon the wastewater treatment works, processes, equipment or receiving waters or which otherwise create a hazard to life or constitute a public nuisance, the Superintendent 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 not covered by existing taxes or sewer charges under the provisions of Subsection J of this section.

(2) If the Superintendent permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Superintendent and subject to the requirements of all applicable codes, ordinances and laws.

F. Oil and sand interceptors; grease traps.

(1) Oil and sand interceptors shall be provided when, in the opinion of the Superintendent, they are necessary for the proper handling of liquid wastes containing 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 Superintendent and shall be located as to be readily and easily accessible for cleaning and inspection.

(2) Grease traps shall be provided by all food preparation services, processing operations and restaurants for the proper handling of their kitchen wastes. The grease trap shall be sized in accordance with the New York State Department of Environmental Conservation publication Design Standards for Wastewater Treatment Works, (1988) edition, and approved by the Dutchess County Health Department. All grease traps shall be located as to be readily and easily accessible for cleaning and inspection.

G. Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.

H. When required by the Superintendent, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessible and safely located and shall be constructed in accordance with plans approved by the Superintendent. The manhole shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times.

I. All measurements, tests and analysis of the characteristic of waters and wastes to which reference is made in this article 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, and shall be determined at the control manhole provided or upon suitable samples taken at said control manhole. 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. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the wastewater treatment works and to determine the existence of hazards to life, limb and property. (The particular analysis 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 analysis are obtained from twenty-four-hour composites of all outfalls whereas pH's are determined from periodic grab samples.)

J. No statement contained in this section shall be construed as preventing any special agreement or arrangement between the Town and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the Town for treatment, subject to payment therefor, by the industrial concern. However, no special agreements shall circumvent National Categorical Pretreatment Standards, that is, any regulation containing pollutant discharge limits promulgated by the EPA in accordance with § 307(b) and (c) of the Act (33 U.S.C. § 1347) which applies to a specific category of industrial users.

K. Upon promulgation of National Categorical Pretreatment Standards by the USEPA, all industries covered by a categorical must conform to the limitations and requirements stated within the standard.

L. Notification to Tri-Municipal and the Superintendent thereof shall be executed prior to the flushing of any nonresidential building sewer lines. All waters used in the aforementioned flushing shall be unpolluted water, as defined in § 196-15 of this article.

§ 196-20 Protection from damage.

No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the wastewater treatment works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.

§ 196-21 Powers and authority of inspectors.

A. The Superintendent and other duly authorized employees of the Town and/or the Environmental Protection Agency, the New York State Department of Environmental Conservation, the Dutchess County Department of Health, bearing proper credentials and identification, shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this article.

B. The Superintendent and other duly authorized employees of the Town bearing proper credentials and identification shall be permitted to enter all private properties through which the Town 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 wastewater treatment 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.

C. While performing the necessary work on private properties referred to in Subsection A above, the Superintendent or duly authorized employees of the Town shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the Town employees and the Town shall indemnify the company against loss or damage to its property by Town employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in § 196-19H.

D. This chapter will be enforced by the Superintendent of Highways and any police agency having jurisdiction within the Town of Wappinger.

[Added 8-18-2003 by L.L. No. 10-2003]

§ 196-22 Penalties for offenses.

A. Any person found to be violating any provision of this article except § 196-20 shall be served by the Town with written notice stating the nature of the violation and shall have 10 days for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violation.

B. Any person who shall continue any violation beyond the time limit provided for in Subsection A shall be guilty of a violation and, on conviction thereof, shall be fined in the amount set forth in Chapter 122, Article V, § 122-20Y of the Code per day for each violation. Fees will continue to be levied until the violation has been corrected to the satisfaction of the Superintendent and/or other authorized personnel as cited in § 196-21A.

[Amended 3-22-2004 by L.L. No. 5-2004]

C. Any person violating any of the provisions of this article shall become liable to the Town for any expense, loss or damage occasioned the Town by reason of such violation.

D. Notwithstanding the other sanctions in this section, the Town may bring proceedings in Supreme Court of the State of New York to enjoin the continued violation of this article.

§ 196-23 Construction of sewer mains by developers in Wappinger Sewer Transmission/Treatment Improvement Area.

A. All proposed subdivisions within the Wappinger Sewer Transmission/Treatment Improvement Area currently being treated (Phases I/II) shall provide public sewer constructed in accordance with the requirements, standards and specifications of the Dutchess County Health Department and the town, at the expense of the developer.

B. All proposed subdivisions within Phase III of the Wappinger Sewer Transmission/Treatment Improvement Area shall contain private wastewater disposal systems conforming to all requirements of § 196-17 of this article and appropriate agencies until such time as when public sewer becomes available. When public sewer is available, proposed subdivisions shall have sewer mains to be connected to town-owned trunk lines and the developer shall provide to the town, at his expense, all necessary sewers and rights-of-way to connect the subdivision sewers to the trunk line.

C. The fee to accompany the application to the Town Planning Board for a permit to construct public sewers shall be established for each individual case based accordingly on the estimated cost of the sewer construction established by the Town and/or engineer.

D. Copies of this article shall be available from the Town for a fee as set from time to time by resolution of the Town Board. Design criteria and specifications required by the New York State Department of Environmental Conservation are contained within Recommended Standards for Wastewater Facilities (Ten State Standards) and Design Standards for Wastewater Treatment Works.