[HISTORY: Adopted by the Town Board of the Town of Rosendale as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-25-1980 by L.L. No. 1-1980]
Definitions. 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 standard laboratory procedure in five days at 20º C., expressed in parts per million by weight.
- BUILDING DRAIN
- That part of the lowest horizontal piping of the drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys to the inner face of the building wall.
- BUILDING SEWER
- The extension from the building drain to the public sewer or other place of disposal.
- COMBINED SEWER
- A sewer which carries both sanitary sewage and storm- and surface water.
- Solid wastes from the preparation, cooking and dispensing of food and from the handling, storage and sale of produce.
- The Rosendale Sewer Improvement of the Town of Rosendale, Ulster County, New York.
- IMPROVEMENT BOUNDARIES
- The physical boundaries as presently established or as may be extended from time to time as duly provided by Town Law.
- INDUSTRIAL or COMMERCIAL
- Classifications which bear upon applications, rates, fees or other considerations shall be determined solely by the Town Board of the Town.
- INDUSTRIAL WASTES
- The liquid wastes from industrial processes as distinct from sanitary sewage.
- NATURAL OUTLET
- Any outlet into a watercourse pond, ditch, lake or other body of surface or ground water.
- An 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 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 is controlled by public authority.
- 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
- 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.
- STORM SEWER or STORM DRAIN
- A sewer which carries storm- and surface waters and drainage but excludes sewage and polluted industrial wastes.
- SUSPENDED SOLIDS
- Solids that either float on the surface or are in suspension in water, sewage or other liquids and which are removable by laboratory filtering.
- The Town of Rosendale, Ulster County, New York.
- TOWN BOARD
- The duly elected Town Board of the Town of Rosendale or its authorized deputy or representative.
- TOWN ENGINEER
- The professional engineer retained as Town Engineer for the Town of Rosendale or his authorized deputy, agent or representative.
- A channel in which a flow of water occurs, either continuously or intermittently.
It shall be unlawful for any person to place, deposit or permit to be deposited in an unsanitary manner upon public or private property within the Improvement or in any area under the jurisdiction of the Improvement any human or animal excrement, garbage or other objectionable waste.
It shall be unlawful to discharge to any natural outlet within the Improvement or in any area under the jurisdiction of the Improvement any sanitary sewage, industrial wastes or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this article.
Within the Improvement, it shall be unlawful to construct, use or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage, except as hereinafter provided.
The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purpose, situated within the Improvement boundaries 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 sewer of the Improvement within 100 feet of said property line, and the location of such structure is within 150 feet of the property line, is hereby required, at his expense, to install suitable plumbing facilities therein and to connect such facilities directly with the proper public sewer in accordance with the provisions of this article within 90 days after the date of official notice to do so; and any septic tanks, cesspools and similar private sewage disposal facilities shall be cleaned of sludge and liquid, abandoned and filled with suitable material within 90 days after connection to the public sanitary sewer of the Improvement.
Owners of premises upon which a commercial car wash is operated and the operators of any such car washes may, if the premises on which any such car washes are located have adequate satisfactory sewerage facilities to dispose of the water used in the car wash, continue to use such sewerage facilities solely to dispose of the water used in actually washing vehicles, but must separate the plumbing facilities for that water from the plumbing facilities carrying all other forms of sewerage and connect the latter plumbing facilities directly with the proper public sewer in accordance with all the provisions of this article. The owner and/or operator of any car wash continuing to use a private sewage system as aforesaid shall separate the pipes supplying water to the actual vehicle washing operation from all water lines to the premises on which said car wash operations are located and shall, at his own cost, connect the pipes supplying water to the actual vehicle washing operation to a separate water meter so that the quantity of water used in the actual car wash operation is separately metered and measured.
Where a public sanitary sewer is not available under the provisions of Subsection D above, the building sewer shall be connected to a private sewage disposal system complying with the provisions established by the Ulster County Department of Health.
Hereafter, before commencement of construction or reconstruction of a private sewage disposal system within the Improvement boundaries, the owner shall first obtain a written permit from the Ulster County Health Department. The permit shall be made on a form furnished by the Ulster County Health Department and may be supplemented by any plans, specifications and other information as are deemed necessary by the Ulster County Health Department. Such construction or reconstruction must meet all requirements of this article.
A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Ulster County Health Department. The applicant shall notify the Ulster County Health Department 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 Ulster County Health Department, if possible.
The type, capacities, location and layout of a private sewage disposal system shall comply with all recommendations of the Department of Health of the State of New York. No septic tank or cesspool shall be permitted to discharge to any natural outlet.
The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at his own expense and at no expense to the Improvement.
At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in this section, 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 cleaned of sludge and liquid, abandoned and filled with suitable material.
No statement contained in this section shall be construed to override or interfere with any additional requirements that may be imposed by the authorized representative of the Ulster County Health Department or the New York State Department of Health.
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 Town Board or its designee.
There shall be two classes of building sewer permits: for residential and commercial services and for service to establishments producing industrial wastes. In either case, the owner or his agent shall make the application on a special form furnished by the Town. Their permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Town Board.
All costs and expense incident to the installation and connection of the building sewer shall be borne by the owner. The owner or his authorized agent shall pay for and indemnify the Town from any loss or damage that may be occasioned by the installation of the building sewer.
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 a separate building sewer.
Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Town Engineer, to meet all requirements of this article.
The type of pipe shall be medium- or standard-weight cast-iron soil pipe or ABS or PVC SDR 23.5 or ABS DWV Schedule 40 or other equal material approved by the Sewer Department. Joints shall be gastight and watertight. If installed in filled or unstable ground, the building sewer shall be of ductile-iron pipe, except that nonmetallic material may be accepted if laid on a suitable concrete bed or cradle as approved by the Sewer Department. All pipe is to be bedded in at least six inches of gravel, crushed stone or sand so as to obtain equal support for all sections of pipe.
The size and slope of the building sewer shall be subject to the approval of the Sewer Department, but, in no event, shall the diameter be less than four inches. The slope of such four-inch pipe shall be not less than 1/4 inch per foot.
All building drains will be equipped with a house trap and fresh-air vent before any branch or fixture line. The only fittings preceding above the trap will be cleanouts or offsets or adapters. The minimum size of the trap and fresh-air vent will be four inches. All installations will be required to have a house vent through the roof of the building.
The depth shall be sufficient to afford protection from frost. No building sewer shall be laid parallel to or within three feet of any bearing wall. The building sewer shall be laid at uniform grade and in straight alignment, insofar as possible. Changes in direction shall be made only with properly curved pipe and fittings. Where horizontal bends of more than 11 1/4º are required, cleanouts of a type approved by the Sewer Department are to be installed.
In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such drain shall be lifted by approved artificial means and discharged to the building sewer, and the cost of installing such artificial means shall be paid by the Improvement where the aforesaid building drain was place and in existence as of the time that the public sewer is installed. The cost of repairs, replacement, maintenance and utilities shall be paid by the owner. The cost of installation, maintenance, repair and replacement of any artificial means of lifting sanitary sewage from a building drain to the public sewer, as well as the utility costs incurred in the operation thereof, which artificial means are made necessary by the construction and installation of building drains subsequent to the installation of the public sewer, shall be paid by the owner of the premises on which any such building drain is located.
All excavations required for the installation of a building sewer shall be open-trench work unless otherwise approved by the Sewer Department. Pipelaying and backfill shall be performed in accordance with the section of the construction specifications for the Rosendale Sewer Improvement entitled "Excavation, Trenching and Backfilling for Utilities Systems."
The connection of the building sewer into an existing public sewer shall be at the property line. If a lateral connection has not previously been provided, the lateral will be constructed from the existing public sewer to the property line by the Sewer Department upon submittal of a proper application by the property owner. The method of connection of the lateral to the public sewer will be dependent upon the type of sewer material used and, in all cases, shall be approved by the Sewer Department. The cost of constructing said lateral shall be paid by the owner if his property was within the Improvement area but ineligible for connection upon completion of the Improvement.
The applicant for the building sewer permit shall notify the Sewer Department when the building sewer is ready for inspection and connection to the public sewer lateral. The connection shall be made under the supervision of the Sewer Department or such other person appointed by the Town Board.
When trenches are opened for the laying of house sewer lateral pipes, such trenches shall be inspected by the Town Engineer or his deputy or representative before the trenches are filled, and the plumber performing such work shall notify the Sewer Department when the laying of house sewer is completed. If a trench is filled before inspection is made, the plumber to whom a permit is issued must reexcavate the trench to permit required inspection.
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.
Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers or to a natural outlet provided by the Town Engineer. Industrial cooling water or unpolluted process waters may be discharged to natural drainage, upon approval of the Town Engineer and the New York State Department of Environmental Conservation and upon the attaining of a New York State Pollutant Discharge Elimination System permit.
All extensions to the sanitary sewer systems owned and maintained by the Town shall be properly designed in accordance with the Recommended Standards for Sewage Works, as adopted by the Great Lakes - Upper Mississippi River Board of State Sanitary Engineers and in strict conformance with all requirements of the New York State Department of Health. Plans and specifications for sewer extensions shall be submitted to and approval obtained from the Town Engineer and New York State Department of Health before construction may proceed. The design of sewers must anticipate and allow for flows from all possible future extensions and developments within the immediate drainage area.
Sewer extensions, including individual building sewer laterals to the property line, may be constructed by the Town under public contract if, in the opinion of the Town Board, the number of properties to be served by such extension warrants its cost. Under this arrangement, the property owner shall pay for and install the building sewer from the property line to his residence or place of business in accordance with the requirements of § 58-3. Thereafter, each property owner served by the extended public sewers will be charged at the full service charge rate as outlined in § 58-9. Property owners may, in accordance with applicable law, propose sewer extensions within the Rosendale Improvement Area or other parts of the Town by filing a written petition, signed by a majority of the benefiting property owners, with the Town Board.
If the Town Board does not elect to construct a sewer extension under public contract, the property owner, builder or developer may construct the necessary sewer extension, if this extension is approved by the Town Board in accordance with the requirements of this section. He or they must pay for the entire installation, including all expenses incidental thereto. Each building sewer must be installed and inspected as required by this article, and the inspection fees shall be paid. The design of sewers shall be as specified in Subsection D. The installation of the sewer extension must be subject to full-time inspection by the Town Engineer, and the expenses for this inspection shall be paid for by the owner, builder or developer. The Town Engineer's decision shall be final in matters of quality and methods of construction. The sewer, as constructed, must pass the exfiltration test required in Subsection F before it is to be used. The cost of the sewer extension thus made shall be absorbed by the developers or the property owners, and thereafter the property owners will be subject to a sewer service charge proportional to their use of trunk sewers and treatment plant and their proportion of operational and maintenance costs as outlined in § 58-9.
Sewer design shall be in accordance with the following provisions. Pipe shall be of a type approved by the Town Engineer. Trench widths, as measured just above the crown of the pipe, shall not exceed the following:
If the trench widths are found, during field inspection, to exceed the limits in the above table, the sewer pipe shall be encased with a minimum of six inches of concrete. Pipe shall be firmly and evenly bedded on a minimum of three inches of No. A1 or No. 1 crushed stone (New York State Department of Transportation specification). Pipe thickness and field strength shall be calculated on the following criteria:
Utilizing the above information, the design shall then be made as outlined in Chapter IX of the Water Pollution Control Federal Manual of Practice No. 9, Design and Construction of Sanitary and Storm Sewers.
Manholes shall be constructed at all changes in slope alignment or at intervals not exceeding 400 linear feet. The manholes shall be constructed with a poured three-thousand-pounds-per-square-inch-concrete base, steel-troweled concrete or mortar inverts and precast four-inch-diameter concrete manhole barrel sections and a tapered top section. The manhole frame and cover shall be the standard design of the Town and shall be set with no less than two courses of brick underneath to allow for later adjustment in elevation.
All sewers shall satisfy requirements of a final exfiltration test before they will be approved and sewage flow accepted from them by the Town. This test consists of filling the pipe with water to provide a head of at least five feet above the top of the pipe or five feet above groundwater, whichever is higher, at the highest point of the pipe line under test, and then measuring the loss of water from the line by the amount which must be added to maintain the original level. In this test, the line must remain filled with water for at least 24 hours prior to the taking of measurements. Exfiltration shall be measured by the drop of water level in a standpipe with closed bottom end or in one of the sewer manholes available for measurement.
When a standpipe and plug arrangement is used in the upper manhole of a line under test, there must be some positive method of releasing entrapped air in the sewer prior to taking measurements. The test length intervals for either type of test shall be as ordered approved, but in no event shall they exceed 100 feet. In the case of sewers laid on steep grades, the length of line to be tested by exfiltration at any one time may be limited by the maximum allowable internal pressure on the pipe and joints at the lower end of the line. The test period, wherein the measurements are taken, shall not be less than two hours in either type of test.
The total leakage of any section tested shall not exceed the rate of 100 gallons per mile of pipe per 24 hours per inch of normal pipe diameter. For purposes of determining the maximum allowable leakage, manholes shall be considered as sections of forty-eight-inch-diameter pipe, five feet long. The equivalent leakage allowance shall be 4.5 gallons per manhole per 24 hours for forty-eight-inch-diameter manholes. If leakage exceeds the specified amount, the necessary repairs or replacements required shall be made to permanently reduce the leakage to within the specified limit, and the tests shall be repeated until the leakage requirement is met.
All sewer extensions constructed at the property owner's, builder's or developer's expense, after final approval and acceptance by the Town Engineer, shall become the property of the Town and shall thereafter be maintained by the Town. Said sewer extensions after their acceptance by the Town shall be guaranteed for one year. The guaranty shall be in a form provided by the Town. At the sole discretion of the Town a completion bond or certified check may be demanded as part of the guaranty.
No building or developer shall be issued a building permit for a new dwelling or structure requiring sanitary facilities within the Improvement boundaries unless a suitable method of waste disposal is proposed and approved by the Town Engineer. All new developments shall be provided with an approved system of sanitary sewers.
No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer:
Any liquid or vapor having a temperature higher than 150º F. (65º C.) or would cause a temperature above 40º C. to enter the treatment facilities.
Any water or wastes which contain grease or oil or other substance that will solidify or become discernibly viscous at temperatures between 32º and 150º F.
Any water or wastes containing emulsified oil and grease exceeding an average of 50 parts per million gallons of other soluble matter.
Any gasoline, benzene, naphtha, fuel oil or mineral oil or other flammable or explosive liquid, solid or gas.
Any noxious or malodorous gas, such as hydrogen sulfide, sulfur dioxide or nitrous oxide or other substance, which, either singularly or by interaction with other wastes, is capable of creating a public nuisance or hazard to life or of preventing entry into sewers from their maintenance and repair.
Any garbage that has not been properly pulverized or ground to fine powder.
Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastic, wood, paunch manure, hair and fleshings, entrails, lime, residues, beer and distillery shops, chemical residue, paint residues, cannery waste, bulk solids or any other solid viscous substance capable of causing obstruction to the flow of the sewers or other interference with the proper operation of the sewage system.
Any waters or wastes, acid and alkaline in reaction, having corrosive properties capable of causing damage or hazard to structures, equipment and personnel of the sewage system; free acids and alkalies must be neutralized, at all times, within a permissible pH range of 6.0 to 9.0.
Any long half-life (over 100 days) of toxic radioactive isotopes without a special permit.
Any waters or wastes that, for a duration of 15 minutes, have a concentration greater than five times the average of that of normal sanitary sewage [defined in Subsection B(13) of this section] as measured by suspended solids and BOD and/or which is discharged continuously at a rate exceeding 1,000 gallons per minute except by special permit.
Any stormwater, roof drains, spring water, cistern or tank overflow, cellar or footing drains, discharge from any vehicle rack or motor or the contents of any privy vault, holding tank, septic tank or cesspool or the discharge of effluent from any air-conditioning machine or refrigeration unit.
Any waters or wastes containing a toxic or poisonous substance, a high chlorine demand or suspended solids in sufficient quantity to injure or interfere with any sewage treatment process, to constitute a hazard to humans or animals or create any hazard in the receiving waters of the effluent of the wastewater treatment facility. Such toxic substances shall be limited to the average concentrations listed hereinafter in the sewage. If the concentrations listed are exceeded, individual establishments will be subject to control in volume and concentration by the Town Engineer.
"Normal sanitary sewage" shall be construed to fall within the following ranges at the effluent of the industrial plant in question:
Grease, oil and sand interceptors shall be provided when, in the opinion of the Town Engineer, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand and 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 Town Engineer and shall be located as to be readily and easily accessible for cleaning and inspection.
Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight and equipped with easily removable covers which, when bolted in place, shall be gastight and watertight.
Where installed, all grease, oil and sand interceptors shall be maintained by the owner, at his expense, in continuously efficient operation at all times and shall be accessible and open to inspection by the Town Engineer or his deputy or representative at any time.
The admission into the public sewers of any waters or wastes having a five-day biochemical oxygen demand greater than 300 parts per million by weight, containing more than 350 parts per million by weight of suspended solids, containing more than 15 parts per million of chlorine demand containing any quantity of substances having the characteristics above the previously described limits or having an average daily flow greater than 2% of the average daily sewage flow of the Town, shall be subject to the review and approval of the Town Engineer. Where necessary, in the opinion of the Town Engineer, the owner shall provide at his expense, such preliminary treatment as may be necessary to reduce the biochemical oxygen demand to 300 parts per million and the suspended solids to 350 parts per million by weight, reduce the chlorine demand to 15 parts per million, reduce objectionable characteristics or constituents to within the maximum limits provided for or control the quantities and rates of discharge of such waters or wastes.
Plans, specifications and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the Town Engineer, the Water Resources Commission of the State of New York and the New York State Department of Environmental Conservation, and no construction of such facilities shall be commenced until said approvals are obtained in writing.
Where preliminary treatment 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 Town Engineer, the owner of any property served by a building sewer carrying industrial wastes shall install a suitable control manhole 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 the plans approved by the owner, at his expense, and shall be maintained by him so as to be safe and accessible at all times.
All measurements, test and analyses of the characteristics of waters and wastes to which reference is made shall be determined in accordance with the Ulster County Health Department Methods of Examination of Water and Sewage and using the Standard Methods for the Examination of Water and Wastewater as a correct laboratory reference, upon suitable samples taken at control manholes provided for above. 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.
No statement contained in this article 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.
No 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 Improvement sewerage works. Any person violating this provision shall be subject to immediate arrest.
The Town Engineer, employees of the United States Environmental Protection Agency and New York State Department of Environmental Conservation, and duly authorized employees of the Town, bearing proper credentials and identification and having a reason for inspection shall be permitted to enter upon all properties for the purposes of inspection, observation, measurements, sampling and testing, in accordance with the provisions of this article. The Town shall have the authority to enforce industrial pretreatment standards promulgated by United States Environmental Protection Agency pursuant to Section 307 of P.L. 92-500.
The Town Board shall appoint a Superintendent for the Improvement who shall have such duties and responsibilities for the management and operation of the Improvement as the Town Board may from time to time establish.
Any person found to be violating any provision of this article shall be served by the Town 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.
Any person who shall continue any violation beyond the above time limit shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not exceeding $200 for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.
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.
Sewer charges shall be used for deriving revenues for financing and maintaining sewage collection and treatment facilities. The funds derived from these charges shall be used for all municipal expenses associated with constructing, improving or maintaining a sewerage system, including engineering, planning, construction, reconstruction of sewers and all necessary appurtenances thereto, including pumping stations, extensions, enlargement, replacement or additions to the sanitary sewer systems or the preliminary or other studies and surveys relative thereto and for the acquisition of land or rights-of-way for any of the capital improvements.
Sewer charges shall include a sewer user charge which shall be levied on owners of properties located within or without the Improvement boundaries who contribute sewage to the public sewers and a capital amortization charge to be levied on all owners of properties within the Improvement boundaries.
The Town Board of the Town of Rosendale shall review the user charges annually and revise them periodically to reflect the actual sewage works, operation, and maintenance cost.
Sewer user charges shall be billed quarterly at the same time and included in the tax statement that is sent out by the Town for county charges and general Town taxes.
Sewer user charges shall be levied on the basis of the amount of water from the Rosendale Water District used by each sewer user at such per-gallon rates as the Town Board may, from time to time, establish.
The bills for sewer user charges shall become due and payable to the Rosendale Sewer Improvement Area, and such payment shall be made to the Sewer Clerk, at its office, quarterly. If such bills are not paid within 30 days, a penalty of 1% of the amount of such bill will be added thereto. If such bill remains unpaid for 60 days, then interest at the rate of 1 1/4% per month on the unpaid bill shall be added to the bill until payment is made. Sewer user charges and capital costs amortization charges and the interest and penalties thereon shall be a lien upon the real property which is using the public sewer or which is located within the Improvement boundaries, and on or before the day when, under the Town Law, preliminary estimates of expenditures are required to be submitted, the Town Clerk shall prepare and file with the Town Board a statement showing all sewer user charges with penalties and interest thereon which remain unpaid, which statement shall contain a brief description of the property to which sewer services were supplied or which is within the Improvement boundaries, the name of the owner liable to pay the same, so far as may be known, and the amount chargeable.
Connection charges. The property owner shall pay all costs of constructing the building sewer from the main to the building drain, or the Town Board may, if it deems it advisable and feasible, contract for the cost of constructing said building sewer from the main to the building drain and charge the property owner an installation charge therefor, at a rate to be established by the Town Board; but the property owner shall pay all costs of preparing an opening through the building wall permitting the passage of said building main through the wall to the building drain. If the Town Board decides to contract for said connections, then all necessary connections will be made under that contract.
[Adopted 5-9-2007 by L.L. No. 2-2007]
The purpose of this article is to provide for the health, safety, and general welfare of the citizens of the Town of Rosendale through the regulation of nonstormwater discharges to the municipal separate storm sewer system (MS4) to the maximum extent practicable as required by federal and state law. This article establishes methods for controlling the introduction of pollutants into the MS4 in order to comply with requirements of the SPDES General Permit for Municipal Separate Storm Sewer Systems. The objectives of this article are:
To meet the requirements of the SPDES General Permit for Stormwater Discharges from MS4s, Permit No. GP-02-02 or as amended or revised;
To regulate the contribution of pollutants to the MS4 since such systems are not designed to accept, process or discharge nonstormwater wastes;
To prohibit illicit connections, activities and discharges to the MS4;
To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this article; and
To promote public awareness of the hazards involved in the improper storage and/or discharge of trash, yard waste, lawn chemicals, pet waste, wastewater, grease, oil, petroleum products, cleaning products, paint products, hazardous waste, sediment and other pollutants into the MS4.
In accordance with § 10 of the Municipal Home Rule of the State of New York, the Town Board of the Town of Rosendale has the authority to enact local laws and amend local laws for the purpose of promoting the health, safety or general welfare of the Town of Rosendale and for the protection and enhancement of its physical environment. The Town Board of Rosendale may include in any such local law provisions for the appointment of any municipal officer, employees, or independent contractors to effectuate, administer and enforce such local law.
This article shall apply to all water entering the MS4 generated on any developed and undeveloped lands unless explicitly exempted by an authorized enforcement agency.
Whenever used in this article, unless a different meaning is stated in a definition applicable to only a portion of this article, the following terms will have meanings set forth below:
- BEST MANAGEMENT PRACTICES (BMPs)
- Schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.
- CLEAN WATER ACT
- The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.
- CONSTRUCTION ACTIVITY
- Activities requiring authorization under the SPDES permit for stormwater discharges from construction activity, GP-02-01, as amended or revised. These activities include construction projects resulting in land disturbance of one or more acres. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.
- DESIGN PROFESSIONAL
- A New York State licensed professional engineer or licensed architect.
- HAZARDOUS MATERIALS
- Any material, including any substance, waste, or combination thereof, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
- ILLICIT CONNECTIONS
- Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the MS4, including, but not limited to:
- A. Any conveyances which allow any nonstormwater discharge including treated or untreated sewage, process wastewater, and wash water to enter the MS4 and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency; or
- B. Any drain or conveyance connected from a commercial or industrial land use to the MS4 which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.
- ILLICIT DISCHARGE
- Any direct or indirect nonstormwater discharge to the MS4, except as exempted in § 58-15A(1) of this article.
- INDIVIDUAL SEWAGE TREATMENT SYSTEM
- A facility serving one or more parcels of land or residential households, or a private, commercial or institutional facility, that treats sewage or other liquid wastes for discharge into the groundwaters of New York State, except where a permit for such a facility is required under the applicable provisions of Article 17 of the Environmental Conservation Law and Ulster County Sanitation Code. These systems are regulated by the Ulster County Health Department.
- INDUSTRIAL ACTIVITY
- Activities requiring the SPDES permit for discharges from industrial activities except construction, GP-98-03, as amended or revised.
- The municipal separate storm sewer system.
- The Town of Rosendale.
- MUNICIPAL SEPARATE STORM SEWER SYSTEM
- A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains):
- NONSTORMWATER DISCHARGE
- Any discharge to the MS4 that is not composed entirely of stormwater.
- Any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent.
- Dredged spoil, filter backwash, solid waste, incinerator residue, treated or untreated sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand and industrial, municipal, agricultural waste and ballast discharged into water; which may cause or might reasonably be expected to cause pollution of the waters of the state in contravention of the standards.
- Any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.
- SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE STORMWATER SEWER SYSTEMS GP-02-02
- A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to municipalities to regulate discharges from municipal separate storm sewers for compliance with EPA-established water quality standards and/or to specify stormwater control standards.
- A. Discharge compliance with water quality standards: the condition that applies where a municipality has been notified that the discharge of stormwater authorized under its MS4 permit may have caused or has the reasonable potential to cause or contribute to the violation of an applicable water quality standard. Under this condition, the municipality must take all necessary actions to ensure future discharges do not cause or contribute to a violation of water quality standards.
- B. 303(d) Listed waters: the condition in the municipality's MS4 permit that applies where the MS4 discharges to a 303(d) listed water. Under this condition, the stormwater management program must ensure no increase of the listed pollutant of concern to the 303(d) listed water.
- C. Total maximum daily load (TMDL) strategy: the condition in the municipality's MS4 permit where a TMDL including requirements for control of stormwater discharges has been approved by the EPA for a water body or watershed into which the MS4 discharges. If the discharge from the MS4 did not meet the TMDL stormwater allocations prior to September 10, 2003, the municipality was required to modify its stormwater management program to ensure that reduction of the pollutant of concern specified in the TMDL is achieved.
- D. The condition in the municipality's MS4 permit that applies if a TMDL is approved in the future by the EPA for any water body or watershed into which an MS4 discharges. Under this condition, the municipality must review the applicable TMDL to see if it includes requirements for control of stormwater discharges. If an MS4 is not meeting the TMDL stormwater allocations, the municipality must, within six months of the TMDL's approval, modify its stormwater management program to ensure that reduction of the pollutant of concern specified in the TMDL is achieved.
- STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM (SPDES) STORMWATER DISCHARGE PERMIT
- A permit issued by the Department that authorizes the discharge of pollutants to waters of the state.
- Rainwater, surface runoff, snowmelt and drainage.
- STORMWATER MANAGEMENT OFFICER (SMO)
- An employee, the municipal engineer or other public official(s) designated by the Town of Rosendale to enforce this article. The SMO may also be designated by the municipality to accept and review stormwater pollution prevention plans, forward the plans to the Town Planning Board, inspect stormwater management practices and designate certain responsibilities pursuant to this article to other employees or agents of the municipality.
- 303(d) LIST
- A list of all surface waters in the state for which beneficial uses of the water (drinking, recreation, aquatic habitat, and industrial use) are impaired by pollutants, prepared periodically by the Department as required by Section 303(d) of the Clean Water Act. 303(d) listed waters are estuaries, lakes and streams that fall short of state surface water quality standards and are not expected to improve within the next two years.
- Total maximum daily load.
- TOTAL MAXIMUM DAILY LOAD
- The maximum amount of a pollutant to be allowed to be released into a water body so as not to impair uses of the water, allocated among the sources of that pollutant.
- Water that is not stormwater, is contaminated with pollutants and is or will be discarded
The Stormwater Management Officer(s) [SMO(s)] shall administer, implement, and enforce the provisions of this article. Such powers granted or duties imposed upon the authorized enforcement official may be delegated in writing by the SMO as may be authorized by the municipality.
Prohibition of illegal discharges. No person shall discharge or cause to be discharged into the MS4 any materials other than stormwater except as provided in Subsection A(1). The commencement, conduct or continuance of any illegal discharge to the MS4 is prohibited except as described as follows:
The following discharges are exempt from discharge prohibitions established by this article, unless the Department or the municipality has determined them to be substantial contributors of pollutants: water line flushing or other potable water sources, landscape irrigation or lawn watering, existing diverted stream flows, rising groundwater, uncontaminated groundwater infiltration to storm drains, uncontaminated pumped groundwater, foundation or footing drains, crawl space or basement sump pumps, air-conditioning condensate, irrigation water, springs, water from individual residential car washing, natural riparian habitat or wetland flows, dechlorinated swimming pool discharges, residential street wash water, water from fire-fighting activities, and any other water source not containing pollutants. Such exempt discharges shall be made in accordance with an appropriate plan for reducing pollutants.
Discharges approved in writing by the SMO to protect life or property from imminent harm or damage, provided that such approval shall not be construed to constitute compliance with other applicable laws and requirements, and further provided that such discharges may be permitted for a specified time period and under such conditions as the SMO may deem appropriate to protect such life and property while reasonably maintaining the purpose and intent of this article.
The prohibition shall not apply to any discharge permitted under an SPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Department, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the MS4.
Prohibition of illicit connections.
The construction, use, maintenance or continued existence of illicit connections to the MS4 is prohibited.
This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
A person is considered to be in violation of this article if the person connects a line conveying sewage to the municipality's MS4, or allows such a connection to continue.
Activities that are subject to the requirements of this section are those types of activities that:
Upon notification to a person that he or she is engaged in activities that cause or contribute to violations of the municipality's MS4 SPDES permit authorization, that person shall take all reasonable actions to correct such activities such that he or she no longer causes or contributes to violations of the municipality's MS4 SPDES permit authorization.
Where the SMO has identified illicit discharges as defined in § 58-13 or activities contaminating stormwater as defined in § 58-16, the municipality may require implementation of best management practices (BMPs) to control those illicit discharges and activities.
The owner or operator of a commercial or industrial establishment shall provide, at his/her own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the MS4 through the use of structural and nonstructural BMPs.
Any person responsible for a property or premises, which is, or may be, the source of an illicit discharge as defined in § 58-13 or an activity contaminating stormwater as defined in § 58-16, may be required to implement, at said person's expense, additional structural and nonstructural BMPs to reduce or eliminate the source of pollutant(s) to the MS4.
Compliance with all terms and conditions of a valid SPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this section.
The SMO may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, to the health or welfare of persons, or to the MS4. The SMO shall notify the person of such suspension within a reasonable time thereafter, in writing, and of the reasons for the suspension. If the violator fails to comply with a suspension order issued in an emergency, the SMO may take such steps as deemed necessary to prevent or minimize damage to the MS4 or to minimize danger to persons. All costs and expenses incurred by the SMO to remedy the situation, including proper disposal, shall be assessed to the owner of the property. If the property owner fails to pay same, it may become a lien against the property, subject to a hearing a minimum of 10 days prior to the imposition of the tax lien.
Suspension due to the detection of illicit discharge. Any person discharging to the municipality's MS4 in violation of this article may have his/her MS4 access terminated if such termination would abate or reduce an illicit discharge. The SMO will notify a violator in writing of the proposed termination of its MS4 access and the reasons therefor. The violator may petition the SMO for a reconsideration and hearing. Access may be granted by the SMO if he/she finds that the illicit discharge has ceased and the discharger has taken steps to prevent its recurrence. Access may be denied if the SMO determines in writing that the illicit discharge has not ceased or is likely to recur. A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this section, without the prior approval of the SMO.
Any person subject to an industrial or construction activity SPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the municipality prior to the allowing of discharges to the MS4.
Applicability. This section applies to all facilities that the SMO must inspect to enforce any provision of this article, or whenever the authorized enforcement agency has cause to believe that there exists, or potentially exists, in or upon any premises any condition which constitutes a violation of this article.
Access to facilities.
The SMO shall be permitted to enter and inspect facilities subject to regulation under this article as often as may be necessary to determine compliance with this article. If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to the SMO.
Facility operators shall allow the SMO ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records as may be required to implement this article.
The municipality shall have the right to set up on any facility subject to this article such devices as are necessary in the opinion of the SMO to conduct monitoring and/or sampling of the facility's stormwater discharge.
The municipality has the right to require the facilities subject to this article to install monitoring equipment as is reasonably necessary to determine compliance with this article. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy.
Unreasonable delays in allowing the municipality access to a facility subject to this article is a violation of this article. A person who is the operator of a facility subject to this article commits an offense if the person denies the municipality reasonable access to the facility for the purpose of conducting any activity authorized or required by this article.
If the SMO has been refused access to any part of the premises from which stormwater is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of this article, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this article or any order issued hereunder, then the SMO may seek issuance of a search warrant from any court of competent jurisdiction.
Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation, has information of any known or suspected release of materials which is resulting or may result in illegal discharges or pollutants discharging into the MS4, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials, said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of nonhazardous materials, said person shall notify the municipality in person or by telephone or facsimile no later than the next business day. Notifications in person or by telephone shall be confirmed by written notice addressed and mailed to the municipality within three business days of the telephone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years.
Notice of violation.
When the municipality's SMO finds that a person has violated a prohibition or failed to meet a requirement of this article, he/she may order compliance by written notice of violation to the responsible person.
Such notice may require, without limitation:
The elimination of illicit connections or discharges;
That violating discharges, practices, or operations shall cease and desist;
The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
The performance of monitoring, analyses, and reporting;
Payment of a fine and reimbursement of any costs and/or expenses incurred by the municipality relating to the violation; and
The implementation of source control or treatment BMPs.
If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator.
The municipality shall also have the right to issue an appearance ticket for said violation.
Penalties. In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this article shall be guilty of a violation punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. However, for the purposes of conferring jurisdiction upon courts and judicial officers generally, violations of this article shall be deemed misdemeanors, and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.
Any person receiving a notice of violation may appeal the determination of the SMO to the Town Board within 15 days of its issuance. The Town Board shall hear the appeal within 30 days after the filing of the appeal and, within five days of making its decision, file its decision in the office of the municipal clerk and mail a copy of its decision by certified mail to the discharger.
If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal, within five business days of the decision of the municipal authority upholding the decision of the SMO, then the SMO shall request the owner's permission for access to the subject private property to take any and all measures reasonably necessary to abate the violation and/or restore the property.
If refused access to the subject private property, the SMO may seek a warrant in a court of competent jurisdiction to be authorized to enter upon the property to determine whether a violation has occurred. Upon determination that a violation has occurred, the SMO may seek a court order to take any and all measures reasonably necessary to abate the violation and/or restore the property. The cost of implementing and maintaining such measures shall be the sole responsibility of the discharger.
It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this article. If a person has violated or continues to violate the provisions of this article, the municipality or SMO may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation.
Where a person has violated a provision of this article, he/she may be eligible for alternative remedies in lieu of a civil penalty, upon recommendation of the municipal Code Enforcement Officer, where:
In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this article is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken.
The remedies listed in this article are not exclusive of any other remedies available under any applicable federal, state or local law, and it is within the discretion of the authorized enforcement agency to seek cumulative remedies.