[Adopted 9-28-1992 by L.L. No. 9-1992]
A.ย
BOD (โDENOTING BIOCHEMICAL OXYGEN DEMANDโ)
BUILDING DRAIN
BUILDING SEWER
COOLING WATER
ENGINEER
GARBAGE
INDUSTRIAL WASTES
NATURAL OUTLET
NORMAL SEWAGE
PERSON
PH
PROPERLY SHREDDED GARBAGE
PUBLIC SEWER
SANITARY SEWER
SEWER
SLUG
STORM DRAIN (SOMETIMES TERMED STORM SEWER)
SUBDIVISION
SUPERINTENDENT
SUSPENDED SOLIDS
TOWN
UNPOLLUTED WATER OR WASTE
WASTEWATER (SOMETIMES CALLED SEWAGE)
WASTEWATER, DOMESTIC
WASTEWATER FACILITIES (SOMETIMES CALLED SEWAGE WORKS)
WASTEWATER, SANITARY (SOMETIMES CALLED SANITARY SEWAGE)
(1)ย
(2)ย
(3)ย
WASTEWATER TREATMENT WORKS (FORMERLY SEWAGE TREATMENT PLANT)
WATERCOURSE
Unless the context specifically indicates otherwise,
the meaning of terms used in this article shall be as follows:
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under the standard laboratory procedure in five
days at 20ยฐ C., expressed in milligrams per liter.
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.
The extension from the building drain to the public sewer
or other place of disposal.
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.
The engineer to the specific sewer districts, sewer improvement
areas or other municipal systems of the Town of Wappinger.
Solid wastes from the domestic and commercial preparations,
cooking and dispensing of food and from the handling, storage and
sale of produce.
The liquid wastes from industrial manufacturing processes,
trade or business as distinct from sanitary sewage.
Any outlet into a watercourse, pond, ditch or other body
of surface water or groundwater.
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.
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.
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.
A sewer in which all owners of abutting properties have equal
rights and is controlled by public authority.
A sewer which carries sewage and to which stormwater, surface
water and groundwater are not intentionally admitted.
A pipe or conduit for carrying wastewater (sewage).
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.
A sewer which carries stormwater and surface water and drainage,
but excludes wastewater and industrial wastes, other than unpolluted
cooling water.
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.
Any licensed operator of wastewater facilities of the Town
of Wappinger.
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.
The Town of Wappinger, Dutchess County, New York.
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.
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 derived principally from dwellings, office buildings,
institutions and the like. It may or may not contain groundwater,
surface water or stormwater.
The structures, equipment and processes that collect, carry
away and treat domestic and industrial wastes and dispose of the effluent.
Domestic wastewater with stormwater and surface
water excluded.
Wastewater discharging from the sanitary fixtures
of dwellings (including apartment houses and hotels), office buildings,
industrial plants or institutions.
The water supply of a community after it has
been used and discharged into a sewer.
A channel in which a flow of water occurs, either continuously
or intermittently.
B.ย
"Shall" is mandatory; "may" is permissive.
A.ย
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.ย
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.ย
Except as hereinafter provided in ยงย 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.ย
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.ย
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.ย
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.ย
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.ย
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.ย
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.
A.ย
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.ย
Before commencement of construction of a private wastewater
disposal system, the owner shall first obtain approval by the Dutchess
County Health Department.
C.ย
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.ย
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.ย
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.ย
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.ย
No statement contained in this section shall be construed
to interfere with any additional requirements that may be imposed
by the Health Officer.
A.ย
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.ย
There shall be two classes of building sewer permits:
(1)ย
For residential and commercial service; and
(2)ย
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.ย
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.ย
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.ย
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.ย
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.ย
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.ย
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.ย
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.ย
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.ย
Prior to any excavation for building sewer installation,
road opening permits, requiring insurance and bonds, shall be acquired
from the Town Highway Superintendent.
L.ย
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.
A.ย
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.ย
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.ย
No person shall discharge or cause to be discharged
any of the following described waters or wastes to any public sewers:
(1)ย
Any gasoline, benzene, naphtha, fuel oil or other
flammable or explosive liquid, solid or gas.
(2)ย
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)ย
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)ย
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)ย
Any liquid or vapor at such temperatures or in such
quantities to cause the influent wastewater temperature at the treatment
plant to exceed 40ยฐ C. (104ยฐ F.).
D.ย
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)ย
Any liquid or vapor having a temperature higher than
150ยฐ F. (65ยฐ C.).
(2)ย
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
32ยฐ and 150ยฐ F. (0ยฐ and 65ยฐ C.).
(3)ย
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)ย
Any waters or wastes containing strong acid iron pickling
wastes or concentrated plating solutions, whether neutralized or not.
(5)ย
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)ย
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)ย
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)ย
Any waters or wastes having a pH in excess of 9.5.
(9)ย
Materials which exert or cause:
(a)ย
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)ย
Excessive discoloration (such as, but not limited
to, dye wastes and vegetable tanning solutions).
(c)ย
Unusual BOD, chemical oxygen demand or chlorine
requirements in such quantities as to constitute a significant load
on the wastewater treatment works.
(d)ย
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)ย
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.ย
Discharge of certain waters or wastes.
(1)ย
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:
(2)ย
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.ย
Oil and sand interceptors; grease traps.
(1)ย
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)ย
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.ย
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.ย
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.ย
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.ย
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 ยงย 307(b) and (c) of the Act
(33 U.S.C. ยงย 1347) which applies to a specific category
of industrial users.
K.ย
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.
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.
A.ย
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.ย
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.ย
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 ยงย 196-19H.
D.ย
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]
A.ย
Any person found to be violating any provision of this article except ยงย 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.ย
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, ยงย 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 ยงย 196-21A.
[Amended 3-22-2004 by L.L. No. 5-2004]
C.ย
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.ย
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.
A.ย
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.ย
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 ยงย 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.ย
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.ย
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.