A. Unless the context specifically indicates otherwise, the meaning
of terms used in this chapter shall be as follows:
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 three 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.
GARBAGE
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 wastes from industrial manufacturing processes,
trade or business, as distinct from sanitary sewage.
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake or other
body of surface water or groundwater.
pH
The logarithm of the reciprocal of the weight of hydrogen
ions in grams per liter of solution.
PLUMBING INSPECTOR
The official delegated by the Village Board to be in charge
of enforcement of the Village Sanitary Code and the applicable portions
of this chapter.
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 owned or controlled by a public authority.
SANITARY SEWER
A sewer which carries sewage and to which storm, surface
waters and groundwaters are not intentionally admitted.
SEWAGE
A combination of the water-carried wastes from residences,
business buildings, institutions and industrial establishments, together
with such groundwaters, surface waters and stormwaters as may be present.
SEWAGE WORKS
All facilities for collecting, pumping, treating and disposing
of sewage.
SEWER
A pipe or conduit for carrying sewage.
SLUG
Any discharge of water, sewage or industrial waste which
in concentration of any given constituent or in quantity of flow exceeds
for any period of duration longer than 15 minutes more than five times
the average twenty-four-hour concentration or flows during normal
operation.
SUPERINTENDENT
The Superintendent of Sewage Works of the Village of Millbrook
or his or her 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.
WATERCOURSE
A channel in which a flow of water occurs, either continuously
or intermittently.
B. Shall is mandatory; may is permissive.
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 Village of Millbrook or in any area under the jurisdiction
of said Village, any human or animal excrement, garbage or other objectionable
waste.
It shall be unlawful to discharge to any natural outlet within
the Village of Millbrook or in any area under the jurisdiction of
said Village, any sewage or other polluted waters, except where suitable
treatment has been provided in accordance with subsequent provisions
of this chapter.
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.
The owners of all houses, buildings or properties used for human
occupancy, employment, recreation or other purposes situated within
the Village of Millbrook 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 Village is hereby required at his
or her 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 chapter within 180 days after the date
of official notice to do so.
Where a public sanitary or combined sewer is not available under the provisions of §
180-29, the building shall be connected to a private sewage disposal system complying with the provisions of this chapter.
Before commencement of construction of a private sewage disposal
system, the owner shall first obtain a written permit signed by the
Plumbing Inspector. The application for such permit shall be made
on a form furnished by the Village, which the applicant shall supplement
by any plans, specifications and other information as are deemed necessary
by the Plumbing Inspector. A permit and inspection fee shall be paid
by the property owner to the Village at the time the application is
filed. Such permit and inspection fee shall be in an amount set forth
on the prevailing fee schedule adopted by resolution of the Village
Board of Trustees and as such schedule is modified from time to time
by resolution of the Village Board of Trustees.
A permit for a private sewage disposal system shall not become
effective until the installation is completed to the satisfaction
of the Plumbing Inspector. He or she shall be allowed to inspect the
work at any stage of construction and, in any event, the applicant
for the permit shall notify the Plumbing Inspector when the work is
ready for final inspection and before any underground portions are
covered. The inspection shall be made within 24 hours of the receipt
of notice by the Plumbing Inspector.
The type, capacities, location and layout of a private sewage
disposal system shall comply with all recommendations of the Dutchess
County Department of Health of the State of New York. No septic tank
or cesspool shall be permitted to discharge to any natural outlet.
A. At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in §
180-30, a direct connection shall be made to the public sewer in compliance with this chapter, and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned and filled with suitable material.
B. When a public sewer becomes available, the building shall be connected
to said sewer within 180 days, and the private sewage disposal system
shall be cleaned of sludge and filled with clean bank-run gravel or
dirt.
The owner shall operate and maintain the private sewage disposal
facilities in a sanitary manner at all times, at no expense to the
Village.
No statement contained in §§
180-31 through
180-36 shall be construed to interfere with any additional requirements that may be imposed by the Dutchess County Health Department.
No unauthorized person shall uncover, make any connection with
or opening into, use, alter or disturb any public sewer or appurtenance
thereof without first obtaining a written permit from the Plumbing
Inspector and/or Superintendent.
A. There shall be two classes of building sewer permits:
(1) For residential and commercial service.
(2) For service to establishments producing industrial wastes.
B. In either case, the owner or the owner's agent shall make application
on a special form furnished by the Village. The permit application
shall be supplemented by any plans, specifications or other information
considered pertinent in the judgment of the Plumbing Inspector. A
permit and inspection fee shall be paid by the property owner to the
Village at the time the application is filed. Such permit and inspection
fee shall be in an amount set forth on the prevailing fee schedule
adopted by resolution of the Village Board of Trustees and as such
schedule is modified from time to time by resolution of the Village
Board of Trustees.
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 Village from any loss or damage that may directly or
indirectly be occasioned by the installation of the building sewer.
Additional costs for maintenance and repairs of building sewer from
the building to the edge of the property will be at the expense of
the owner.
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.
Old building sewers may be used in connection with new buildings
only when they are found, on examination and test by the Plumbing
Inspector, to meet all requirements of this chapter.
The size, slope, alignment, 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 hereinafter specified: Building sewers shall be of
four-inch minimum diameter and the minimum slope shall be 1/4 inch
per foot unless otherwise permitted by the Plumbing Inspector. Materials
shall conform to those hereinafter specified. Sewers shall be laid
in a straight line horizontally and vertically. Any building sewer
that exceeds a length of 100 feet shall have a cleanout installed.
Changes in direction shall be made, horizontally and/or vertically,
with standard prefabricated elbows and bends. Any change in direction
greater than 45° shall require a cleanout to be installed and
brought to the surface. Any installed cleanout shall be capped at
the surface with a watertight seal. The excavation for building sewers
shall be carried at least three feet below grade; if the three-foot
depth cannot be achieved, then insulation of the pipe shall be required.
The trench shall be backfilled with sand or fine-graded gravel, compacted
to the flow line of the pipe. The pipe shall then be laid to line
and grade on the prepared bed and hand backfilled and tamped with
select material free from lumps, clods, stone, etc., to a point one
foot over the top of pipe. The remainder of the trench shall be backfilled
to the satisfaction of the Plumbing Inspector, except that excavations
in streets, driveways and sidewalks located in the public thoroughfare
shall be backfilled with good quality run of bank gravel compacted
in one-foot layers.
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.
Any costs associated with the delivery of sanitary sewage from the
building to the public sewer by any means other than gravity shall
be borne by the owner.
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.
The connection of the building sewer into the public sanitary
sewer shall conform to the requirements of the Sanitary Code or other
applicable rules and regulations of the Village. All such connections
shall be made gastight and watertight. Any deviation from the prescribed
procedures and materials must be approved by the Plumbing Inspector
and/or the Superintendent.
A. All sewer materials shall conform to the following requirements and
American Society for Testing and Materials (ASTM) specifications:
(1) Cast-iron soil pipe A 72-42.
B. Hot-poured bituminous or cement mortar joints shall not be permitted.
C. All pipe joints shall be gasketed. No glue joints for PVC pipe shall
be permitted underground.
New connections to the public sewer shall be made when necessary
using prefabricated wye or tee saddles which are to be bolted or banded
to the sewer main. Each saddle shall be installed with a rubber gasket
joint. Taps into the main are to be made in a manner satisfactory
to the Plumbing Inspector and/or Superintendent and shall result in
a neat, clean hole of proper diameter without damage to the remainder
of the pipe.
The applicant for the building sewer permit shall notify the
Plumbing Inspector and/or 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 Plumbing Inspector or his
or her representative.
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 Village.
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. Sump pumps and roof drains from any building connected to the
sanitary sewer system shall not be permitted.
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 Plumbing Inspector.
C. Industrial cooling water or unpolluted process waters may be discharged,
on approval of the Plumbing Inspector, to a storm sewer, combined
sewer or natural outlet.
No person shall discharge or cause to be discharged any of the
following described waters or wastes to any public sewers:
A. Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive
liquid, solid or gas.
B. 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.
C. Any waters or wastes having a pH lower than 5.5 or having any other
corrosive property capable of causing damage or hazard to structure,
equipment and personnel of the sewage works.
D. Solids 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.
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 Plumbing Inspector that such wastes can harm
either the sewers, sewage 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 an opinion
as to the acceptability of these wastes, the Plumbing Inspector 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
prohibited are:
A. Any liquid or vapor having a temperature higher than 150° F.
(65° C.).
B. 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.).
C. 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 horsepower metric) or greater shall be subject to
the review and approval of the Plumbing Inspector.
D. Any waters or wastes containing strong-acid iron-pickling wastes
or concentrated plating solutions, whether neutralized or not.
E. 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 Plumbing Inspector for such materials.
F. Any waters or wastes containing phenols or other taste- or odor-producing
substances in such concentrations exceeding limits which may be established
by the Plumbing Inspector 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.
G. Any radioactive wastes or isotopes of such half-life or concentration
as may exceed limits established by the Plumbing Inspector in compliance
with applicable state or federal regulations.
H. Any waters or wastes having a pH in excess of 9.5.
I. Materials which exert or cause:
(1) Unusual concentration 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.
(2) Excessive discoloration, such as but not limited to dye wastes and
vegetable tanning solutions.
(3) Unusual BOD, chemical oxygen demand or chlorine requirements in such
quantities as to constitute a significant load on the sewage treatment
works.
(4) Unusual volume of flow or concentration of wastes constituting slugs,
as defined herein.
J. 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.
A. 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 §
180-52 of this chapter and which, in the judgment of the Plumbing Inspector, 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 Plumbing Inspector may:
(2) Require the pretreatment to an acceptable condition for discharge
to the public sewers;
(3) Require control over the quantities and rates of discharge; and/or
(4) 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 §
180-58 of this chapter.
B. If the Plumbing Inspector 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 Plumbing Inspector
and subject to the requirements of the Code of the Village of Millbrook
and all applicable codes, rules and regulations.
Grease, oil and sand interceptors shall be required for all
structures 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 Village Engineer and shall
be located so as to be readily and easily accessible for cleaning
and inspection. Any costs associated with installing the interceptor,
including Village engineering fees, shall be at the property owner's
expense.
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 or her
expense. Any inspection or cleaning of said facilities needs to be
reported to the Village.
When required by the Plumbing Inspector, 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 Plumbing Inspector. The manhole
shall be installed by the owner at his expense and shall be maintained
by the owner so as to be safe and accessible at all times.
All measurements, tests and analyses of the characteristics
of water and wastes to which reference is made in this chapter 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 the 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 statement contained in this chapter shall be construed as
preventing any special agreement or arrangement between the Village
and any industrial concern whereby an industrial waste of unusual
strength or character may be accepted by the Village for treatment,
subject to payment therefor, by the industrial concern.
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 sewage works. Any
person violating this provision shall be subject to immediate arrest.
The Plumbing Inspector and other duly authorized personnel of
the Village 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 chapter. The Plumbing Inspector or his or her
representative 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 §
180-60, the Plumbing Inspector or duly authorized personnel of the Village 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 Village personnel, and the Village shall indemnify the company against loss or damage to its property by Village personnel 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 the negligence or failure of the company to maintain safe conditions as required in §§
180-55 and
180-56.
The Plumbing Inspector and other duly authorized personnel of
the Village bearing proper credentials and identification shall be
permitted to enter all private properties through which the Village
holds a duly negotiated easement for the purpose including but not
limited to inspection, observation, measurement, sampling, repair,
replacement, improvement and maintenance of any portion of the sewage
works lying within said easement. All entry and subsequent work, if
any, on said easement shall be done in full accordance with the terms
of the duly negotiated easement pertaining to the private properties
involved.
A. Violation of §
180-59. Any person who shall violate any provision of §
180-59 shall be guilty of an offense and, on conviction thereof, shall be punished as provided in Chapter
1, General Provisions, Article
III, of the Village Code.
B. Written notice of violation. Any person found to be violating any provision of the foregoing sections of this article except §
180-59 shall be served by the Village with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
C. Continued violation. Any person who shall continue any violation beyond the time limit set forth in the notice provided for in Subsection
B herein shall be guilty of an offense and, on conviction thereof, shall be punished as provided in Chapter
1, General Provisions, Article
III, of the Village Code.
D. Civil liability. Any person violating any of the foregoing provisions
of this article shall become liable to the Village for any expense,
loss or damage occasioned the the Village by reason of such violation.
The Village Board of Trustees shall constitute a Hearing Board
as needed to arbitrate the differences between the Plumbing Inspector
(and/or the Superintendent of Sewers) and sewer users on matters concerning
interpretation and provisions of this article by said Plumbing Inspector
and/or Superintendent of Sewers.
The Village Board acting as a Hearing Board shall employ or
appoint such consultants as may be needed to assist it in making its
decisions.
The cost of arbitration shall be divided equally between the
municipality and the sewer user.
There is hereby established in the Village of Millbrook a scale
of rents to be called "sewer rents," the revenues from which shall
be used for financing and maintaining sewage collection and treatment
facilities. The funds derived from these charges shall be used for
all municipal expenses associated with design, engineering, construction,
improving or maintaining a sewerage system, including engineering,
planning, construction, reconstruction of sewers and sewage treatment
works and all necessary appurtenances thereto, including pump stations,
extension, enlargement, replacement or additions to the sanitary or
stormwater sewer system, separation of sanitary and stormwater sewers
or the preliminary or other studies and surveys relative thereto and
from the acquisition of land or rights-of-way for any of the capital
improvements.
A. In addition to any and all other fees and charges provided by law,
the owner of any parcel of real property connected to the public sewer
system, or any part or portion thereof, of the Village of Millbrook,
shall pay a sewer rent for the use of such sanitary sewer system.
B. Real property receiving sewer services from the public sewer system
of the Village of Millbrook, but located outside of the corporate
limits of the Village, shall be charged and shall be obligated to
pay an amount equal to the sewer rents that would have been levied
against the real property if it had been located within the Village.
C. The sewer rental charge shall be on an ad valorem basis. The Village
Board of Trustees reserves the right to change the stated charge in
accordance with the requirements of this section.
D. There shall be no sewer rental charge to any parcel of real property
located within the Village of Millbrook which is not connected to
the Village of Millbrook public sewer system.
A. The amount of the sewer rent due each quarter shall be added to the
regular water bill.
B. All sewer rents shall be due and payable at the same time water bills
are due and payable.
C. All unpaid sewer rents shall be a lien on the real property where
the water is used and may be included in the general Village tax roll
and enforced in the same manner as the Village real estate tax.
D. All users of the sanitary sewer system that are outside of the incorporated
limits of the Village of Millbrook will enter into a contractual agreement
with said Village which shall set forth the method of collection of
past-due sewer rents and the possible cessation of services for nonpayment
of bills.
A sewer benefit assessment has been established by The Village
of Millbrook. The Village Board determines the benefit assessment
amount for each property connected to the Village sewer system and
charges an annual fee, to be paid by those property owners, based
on the benefit assessment. The sewer benefit assessment is levied
on all properties connected to the Village sewer system. The charge
is included in the annual Village property tax bill for those properties
located within the Village. Those properties connected to the Village
sewer system but located in the Town of Washington outside the Village
are sent an annual bill for such sewer benefit assessment charge.
The funds raised through the sewer benefit assessments are used to
cover the bonded indebtedness and capital improvements at the sewer
treatment plant.
All sums charged for the use of sewers shall be collected in
the same manner used for the collection of water bills, including
penalties and shutting off water for nonpayment of either water or
use of sewers.