[Adopted 11-13-1967 (Ch. 22, Art. III, of the Code of Ordinances)]
[Amended 3-12-1984; 5-29-1984]
Unless the context specifically indicates otherwise, the meanings of terms used in this article shall be as follows:
- 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 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 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 and shall also mean the sewer lateral.
- COMBINED SEWER
- A sewer receiving surface runoff, sanitary sewage and/or industrial wastes.
- COOLING WATER
- The water discharged from air-conditioning, industrial-cooling, condensing and hydraulically powered equipment or similar apparatus.
- An acquired legal right for the specific use of land owned by others.
- Solid wastes from the domestic and commercial preparation, cooking and dispensing of food and from the handling, storage and sale of produce.
- INDUSTRIAL WASTES
- The liquid waste from industrial manufacturing processes as distinct from domestic or sanitary sewage.
- NATURAL OUTLET
- Any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater.
- Includes the owner in fee in any real estate and also all tenants, lessees or others in control or possession and use of the property in question.
- Any individual, firm, company, association, society, corporation or group.
- 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 in any dimension.
- PUBLIC SEWER
- A sewer in which all owners of abutting properties have equal rights and which is controlled by public authority, and shall also mean the sewer main.
- SANITARY OR DOMESTIC SEWAGE
- The water-carried wastes from toilet and lavatory fixtures, kitchens, laundries, bathtubs, shower baths or equivalent plumbing fixtures as discharged from dwellings and business and industrial buildings.
- SANITARY SEWER
- A sewer which carries sewage and to which storm-, surface and ground waters are not intentionally admitted.
- A combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground-, surface and storm waters as may be present.
- SEWAGE TREATMENT PLANT or WATER POLLUTION CONTROL PLANT
- Any arrangement of devices and structures used for treating sewage.
- SEWAGE WORKS
- All facilities for collecting, pumping, treating and disposing of sewage.
- A pipe or conduit for carrying sewage.
- 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 flow during normal operation.
- STORM DRAIN (sometimes termed "STORM SEWER")
- A sewer which carries storm and surface waters and drainage but excludes sewage and industrial wastes other than unpolluted cooling water.
- The Superintendent of Sewage Works and/or of Water Pollution Control of the City of Newburgh or his authorized deputy, agent or representative.
- 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.
- A channel in which a flow of water occurs, either continuously or intermittently.
Word usage. "Shall" is mandatory; "may" is permissive.
Unsanitary deposits prohibited. 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 City of Newburgh or in any area under the jurisdiction of said City any human or animal excrement, garbage or other objectionable waste.
Discharge to natural outlets. It shall be unlawful to discharge to any natural outlet within the City of Newburgh or in any area under the jurisdiction of said City any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this article.
Private sewage disposal facilities. Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage.
Connection to public sewer required. The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the City and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the City, is hereby required, at his expense, to install suitable toilet facilities therein and to connect such facilities directly with the proper public sewer in accordance with the provisions of this article within 30 days after the date of official notice to do so, provided that said public sewer is within 100 feet of the property line.
Generally. Where a public sanitary or combined sewer is not available under the provision of § 248-6D, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this article.
Permit required; application; fee. 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 City, which the applicant shall supplement by any plans, specifications and other information as are deemed necessary by the Superintendent. A permit and inspection fee as set forth in Chapter 163, Fees, of this Code shall be paid to the City at the time the application is filed.
[Amended 6-13-1988 by L.L. No. 4-1988]
Inspection of work; notification of readiness for final inspection. A permit for a private sewage disposal system 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. The inspection shall be made within 48 hours of the receipt of notice by the Superintendent.
Type, capacity, location and layout of system. The type, capacities, location and layout of the private disposal system shall comply with all recommendations of the New York State Department of Health. No permit shall be issued for any private sewage disposal system employing subsurface soil-absorption facilities where the area of the lot is less than 7,000 square feet. No septic tank or cesspool shall be permitted to discharge to any natural outlet.
Abandonment of private disposal facilities. At such time as a public sewer becomes available to a property served by a private sewage disposal system as provided in § 248-6D, a direct connection shall be made to the public sewer in compliance with this article, and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned and filled with suitable material.
Operation and maintenance. The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the City.
Additional requirements of Health Officer. No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by any officer or official having jurisdiction thereover.
[Amended 6-13-1988 by L.L. No. 4-1988]
Connection to public sewer. When a public sewer becomes available, the building sewer shall be connected to said sewer within 60 days, and the private sewage disposal system shall be cleaned of sludge and filled with clean bank-run gravel or dirt.
Permit required. 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 a written permit from the Superintendent.
Classes of permits; application; fees. There shall be two classes of building sewer permits: for residential and commercial service and for service to establishments producing industrial wastes. In either case, the owner or his agent shall make application on a special form furnished by the City. 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 for a residential or commercial building sewer permit and for an industrial building sewer permit shall be as set forth in Chapter 163, Fees, of this Code, and shall be paid to the City at the time the application is filed.
[Amended 6-13-1988 by L.L. No. 4-1988]
Costs of installation and connection to be borne by owner. All costs and expenses incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
Separate connections required; exception. A separate and independent building sewer shall be provided for every building, except that, where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.
Use of old building sewers. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Superintendent, to meet all requirements of this article.
Construction specifications. The size, slope, alignment and materials of construction of a building sewer and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench shall all conform to the requirements of the State Uniform Fire Prevention and Building Code or other applicable rules and regulations of the City. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the ASTM and WPCF Manual of Practice No. 9 shall apply.
Elevation. 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 sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.
Connection of roof downspouts. No person shall make connection of roof downspouts, 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.
Connection specifications and requirements. The connection of the building sewer into the public sewer shall conform to the requirements of the State Uniform Fire Prevention and Building Code or other applicable rules and regulations of the City or the procedures set forth in appropriate specifications of the ASTM and WPCF Manual of Practice No. 9. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the Superintendent before installation.
Notification of readiness for inspection and connection. 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.
Excavations to be guarded; restoration of streets. All excavations 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 City.
Whenever any building sewer shall require repair or maintenance, all costs and expenses incident to such repair or maintenance shall be borne by the owner. The owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by any work performed on the building sewer. In performing any such repair or maintenance, the specifications and requirements for the installation and connection of building sewers as provided in this article shall be followed.
No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters to any sanitary sewer.
Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers or to a natural outlet approved by the Superintendent. Industrial cooling water or unpolluted process waters may be discharged, on approval of the Superintendent, to a storm sewer, combined sewer or natural outlet, provided that any dischargers of cooling water to state waters must apply for a State Pollutant Discharge Elimination System (SPDES) permit.
No person shall discharge or cause to be discharged, directly or indirectly, any of the following described waters or wastes to any public sewers:
Any gasoline, kerosene, benzene, naphtha, alcohol, tar, fuel oil or other flammable or explosive liquid, solid or gas.
Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to cyanides in excess of two milligrams per liter as CN in the wastes as discharged to the public sewer.
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 of the sewage works.
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 sewage works, 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.
Any liquid or vapor having a temperature higher than 114° F. or 45.5° C.
[Amended 5-29-1984; 2-13-1996 by Ord. No. 3-96]
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 Superintendent, that such wastes can harm either the sewers, sewage treatment process or equipment, can 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 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 sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant and other pertinent factors. The substances are:
Any water or waste containing fats, wax, grease or oils, whether emulsified or not, in excess of 100 milligrams per liter or containing substances which may solidify or become viscous at temperatures between 32° F. and 150° F. (0° C. and 65° C.).
Any garbage that has not been properly shredded. The installation and operation of any garbage grinder shall be subject to the review and approval of the Superintendent.
Any waters or wastes containing strong-acid iron-pickling wastes or concentrated plating solutions, whether neutralized or not.
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 Superintendent.
Any waters or wastes containing phenols or other taste- 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.
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.
Any waters or wastes having a pH in excess of 9.5.
Any materials which exert or cause:
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).
Excessive discoloration, such as but not limited to dye wastes and vegetable tanning solutions.
Unusual BOD, chemical oxygen demand or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.
Unusual volume of flow or concentration of wastes constituting slugs, as defined herein.
Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
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 § 248-13 and which, in the judgment of the Superintendent, may have a deleterious effect upon the sewage works, processes, equipment or receiving waters or which otherwise create a hazard to life or constitute a public nuisance, the Superintendent may:
Reject the wastes.
Require pretreatment to an acceptable condition for discharge to the public sewers.
Require control over the quantities and rates of discharge.
Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges.
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.
Grease, 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 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 Superintendent and shall be located as to be readily and easily accessible for cleaning and inspection.
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.
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 accessibly 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.
All measurements, tests and analyses of the characteristics 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 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 pHs are determined from periodic grab samples.)
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.
The contents of privy vaults, portable toilets, septic tanks or cesspools may be delivered and will be processed at the municipal sewage treatment plant, provided that:
[Amended 6-13-1988 by L.L. No. 4-1988; 12-14-1998 by Ord. No. 21-98]
Such contents will only be accepted if they are such as may be accepted by the sewage treatment plant in accordance with New York State Department of Environmental Conservation permits and approvals and all permits and approvals of any other state or federal agency having jurisdiction in force as of the time of delivery.
Such contents consist only of domestic or commercial wastes, excluding industrial wastes or substances specified to be excluded from public sewers by these regulations.
Such contents are transported in sanitary, watertight vehicles, equipped with a suitable valve outlet and meeting such requirements as may be stipulated by local or state health agencies and which are owned or operated by persons or corporations duly licensed to transport such waste.
A permit may be issued by the City Manager for the discharge of such waste upon the payment of the fee provided in Chapter 163, Fees, of this Code, certification by the Manager of the sewage treatment plant that the waste proposed to be delivered will not cause a violation of these regulations or of the sewage treatment plant's discharge permit and that such waste shall not be harmful to the plant or its operation. No permit shall be issued for the acceptance of waste originating from outside the City of Newburgh unless the manager of the sewage treatment plant shall certify that the plant has sufficient capacity so that such waste may be accepted without adverse effect on the plant's ability to treat wastes originating within the City of Newburgh or wastes which the City has agreed to treat by intermunicipal agreement. The term of such permit shall be one year, and the time of expiration shall be endorsed thereon.
The permit form hereinbefore provided shall be in triplicate and shall be signed by the permittee, the plant manager and the City Manager, and one copy thereof shall be retained by each of them.
Delivery of such waste shall be made to the sewage treatment plant site Monday through Friday between the hours of 6:00 a.m. and 3:30 p.m. and on Saturdays and holidays between the hours of 7:30 a.m. and 12:00 noon.
[Amended 1-22-2001 by Ord. No. 6-2001; 10-18-2010 by Ord. No. 17-2010]
One copy of the permit form shall accompany each delivery of waste to the sewage treatment plant and shall contain thereon a statement to be signed by the permittee and by the person delivering said waste setting forth the contents of said delivery and that said delivery contains no substances or waste which would violate these regulations or which is known to be harmful to the sewage treatment plant or to its treatment processes. Said copy and certification shall be signed and affirmed by the permittee and the person delivering said waste and shall be delivered to the sewage treatment plant manager or his designee, No delivery of waste shall be accepted without said copy of the permit form and said certification. The permittee shall pay to the City the fee for the discharge of such waste which shall be established by the sewage treatment plant manager pursuant to the standards set forth in Chapter 163, Fees, of this Code.
All permittees under this section shall when applying for said permit complete a questionnaire to determine if they should be classified as an industrial user or a significant industrial user, should the City determine that completion of said questionnaire is desirable. All permittees under this section shall also be required to obtain permits, pay fees and submit reports as required as industrial users or significant industrial users should the City determine that such provisions of this chapter are applicable to them.
The City may terminate without notice any permit issued under this section for violation of any provision of these regulations, the making of a false statement on any form provided hereunder, or for the violation of any state or federal regulation or license with regard to the collection hauling or storage of such waste. The City may terminate the permit issued hereunder without cause upon 30 days' notice in writing mailed to the permittee's address as set forth on the permit.
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 sewerage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.
The Superintendent and other duly authorized employees of the City or representatives of the United States Environmental Protection Agency or the New York State Department of Environmental Conservation, 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. The Superintendent or his representatives shall have no authority to inquire into any processes, including metallurgical, chemical, oil, refining, ceramic, paper or other industries, beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.
While performing the necessary work on private properties referred to in Subsection A above, the Superintendent or duly authorized employees of the City 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 City employees, and the City shall indemnify the company against loss or damage to its property by the City 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 § 248-17.
The Superintendent and other duly authorized employees of the City or representatives of the United States Environmental Protection Agency or the New York State Department of Environmental Conservation, bearing proper credentials and identification, shall be permitted to enter all private properties through which the City 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 entries 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.
[Amended 6-13-1988 by L.L. No. 4-1988; 9-28-1998 by Ord. No. 12-98]
Whenever it shall be determined that there has been a violation or that there are reasonable grounds to believe that there has been a violation of any provision of this article or any rule or regulation adopted pursuant thereto, notice of such violation or alleged violation shall be served upon the person or persons responsible, or alleged to be responsible, for such violation. Such notice shall be in writing and shall specify the alleged violation and shall provide a reasonable time for compliance with all provisions of this article. Such notice shall be deemed to be properly served upon such person if a copy is served upon him personally or if a copy is mailed to him by regular first class mail at the last known address of such person or, if such person is the owner of the property in question, at the address for mailing of tax notices kept by the City Assessor, or if a copy is posted in a conspicuous place in or about the property affected by the notice and if a copy is mailed to him by regular first class mail at the last known address of such person or, if such person is the owner of the property in question, at the address for mailing of tax notices kept by the City Assessor, or by such other method as may be authorized by the laws of the State of New York.
Any person who shall violate any of the provisions of this article or fail to comply therewith or who shall violate or fail to comply with any order made thereunder shall be punished as provided in § 1-12 for violation of this chapter of the Code of Ordinances of the City of Newburgh.
The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects. Each day that prohibited conditions exist shall constitute a separate offense.
The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
Any person violating any of the provisions of this article shall become liable to the City for any expense, loss or damage occasioned the City by reason of such violation.