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Town of Pawling, NY
Dutchess County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Pawling 7-11-1989 as L.L. No. 2-1989. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction administration — see Ch. 11.
Flood damage prevention — see Ch. 107.
Water — See Ch. 207.
Subdivision of land — See Ch. A230.
ATTACHMENTS
161a Figure 1
In order to assure the proper disposal of sewage and wastewaters and proper operations, maintenance and protection of the public sewers, the sewage treatment plant and all other sewage works within the Town of Pawling Sewer Districts and to provide an adequate record of sewers, drains, appurtenances and connections thereto, this sewer use chapter is hereby enacted by the Town of Pawling.
The sanitary sewer system of the Town of Pawling Sewer Districts consists of lateral and trunk sewers laid in the streets and rights-of-way. The locations of these works, including the kinds, sizes and depths of pipelines, are to be shown on sets of plans on file at the office of the Town Clerk of the Town of Pawling and with the Pawling Joint Sewer Commission. At all points where there are changes in alignment or grade of the sewers, manholes with cast-iron frames and covers shall be built for ventilation and cleaning.
A. 
Unless the context specifically indicates otherwise, the meanings of terms used in this chapter shall be as follows:
AVERAGE CONCENTRATION
The concentration of constituents determined by analysis of a mixture of samples taken over a period of 24 hours at fifteen-minute intervals and composited in proportion to flow rate.
BOD (DENOTES "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 mg/l (milligrams per liter) by weight.
FEDERAL PRETREATMENT STANDARDS
Those standards promulgated under Section 307(b) and (c) of the Clean Water Act. This shall include but is not restricted to regulations contained in 40 CFR 403.
FWPCA
Federal Water Pollution Control Act Amendment, Public Law 92-500, 92 Congress, S-2770.
MAXIMUM CONCENTRATION
The concentration of constituents determined by analysis of a mixture of samples taken over a period of four hours at fifteen-minute intervals and composited in proportion to flow rate.
THE NUMBER OF MILLIGRAMS OF DRY SOLIDS, EITHER DISSOLVED OR UNDISSOLVED, CONTAINED IN ONE LITER OF WATER, INCLUDING SOLIDS. ONE MILLIGRAM PER LITER MAY BE EXPRESSED AS 8.345 POUNDS OF DRY SOLIDS PER 1,000,000 UNITED STATES GALLONS OF WATER, INCLUDING SOLIDS. "MILLIGRAMS PER LITER" MAY BE EXPRESSED AS PARTS PER MILLION, DESIGNATED AS "PPM," MEANING THE NUMBER OF POUNDS OF DRY SOLIDS CONTAINED IN 1,000,000 POUNDS OF WATER, INCLUDING DRY SOLIDS, BY USING THE FOLLOWING FORMULA: MG/L = PPM
specific gravity of the solution.
PH
The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter.
SEWAGE
Wastewater or water-carried wastes from residences, business buildings, institutions and industrial establishments. "Sewage" shall be further classified as follows:
(1) 
DOMESTIC OR SANITARY SEWAGE -- The solid and liquid wastes from toilet and lavatory fixtures, kitchens, laundries, bathtubs, shower baths or equivalent plumbing fixtures as discharged from dwelling, business and industrial buildings.
(2) 
INDUSTRIAL SEWAGE OR WASTES -- Include the water-carried wastes of any industrial process as distinct from domestic or sanitary sewage. All substances carried by water shall be considered as wastes.
(3) 
STORMWATER -- Includes the runoff or discharge of rain and melted snow or other water from roofs, surfaces of public or private lands or elsewhere. "Stormwater" also shall include "subsoil drainage" as defined in Subsection (4).
(4) 
SUBSOIL DRAINAGE -- Includes water from the soil percolating into subsoil drains and through foundation walls, basement floors or underground pipes.
(5) 
COOLING WATER -- Includes the wastewater from air-conditioning, industrial cooling, condensing and hydraulically powered equipment or similar apparatus.
(6) 
GARBAGE -- Solid wastes from the preparation of, cooking and dispensing of food and from the handling, storage and sale of produce. "Properly shredded garbage" shall mean garbage which has been shredded so that no garbage particles will be greater than one-half (1/2) inch in any dimension.
SEWAGE WORKS
All facilities for collecting, pumping, treating and disposing of sewage.
SEWER DISTRICT
Any sewer improvement area owned, maintained and operated by the Town of Pawling and/or the Pawling Joint Sewer Commission, commonly referred to in some statutes as "Sewer District Number One, Two, etc." It is the intent hereinunder that said terminology is used interchangeably and that any controlling statute or regulation shall apply equally.
SEWER OR DRAIN
The pipe or conduit, together with manholes and other structures or equipment appurtenant thereto, provided to carry sewage, waste liquid, stormwater or other waters. Sewers shall be further classified as follows:
(7) 
PUBLIC SEWER -- A trunk, main or lateral sewer up to and including the Y-branch or tee provided for connection thereto and to which all owners of abutting properties have equal rights and which is controlled by public authority. The public sewer does not include the building or house sewer or the building connection lateral after it is connected with a building sewer.
(8) 
SANITARY SEWER -- A sewer which carries only sanitary sewage and to which stormwater, subsoil drainage and cooling water are not intentionally admitted.
(9) 
COMBINED SEWER -- A sewer receiving both stormwater and domestic sewage, including acceptable discharge of industrial wastes, subsoil drainage and cooling water.
(10) 
STORM SEWER or STORM DRAIN -- A pipeline carrying stormwater, subsoil drainage, acceptable cooling water or other reasonably clean waters but excluding domestic and polluted industrial waste.
(11) 
BUILDING DRAIN -- That part of the lowest horizontal piping of a building drainage system that receives the discharge from the soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet outside the inner face of the building wall.
(12) 
BUILDING OR HOUSE SEWER -- The extension from the building drain to the public sewer.
(13) 
BUILDING CONNECTION LATERAL -- The pipe laid incidental to the original construction of a public sewer from the public sewer up to some point at the side of the street, highway or similar location and there capped, having been provided and intended for extension and for use at some time thereafter as part of a building or house sewer connection.
SEWER INSPECTOR
Authorized agent or person(s) representing that agent as designated by the Town Board or the Pawling Joint Sewer Commission.
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 flow during normal operation.
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 filtering as prescribed in Standard Methods for the Examination of Water and Wastewater.
B. 
Word usage. "Shall" is mandatory; "may" is permissive.
The design of the system is based on the collection of domestic sewage only, and the approval of the New York State Department of Health was given for the construction and use for this purpose only. No connections shall be permitted to be made to the sanitary system which carry or deliver other than domestic sewage or industrial wastes unless specifically approved by the Town Board and/or the Pawling Joint Sewer Commission. The best interests of the municipal sewer system warrant extreme care in the manner of making and laying all connections to the public system.
A. 
The Sewer Inspector, duly appointed by the Town Board and/or the Pawling Joint Sewer Commission, shall be the Board's authorized agent in matters falling under this chapter and any rules and regulations issued pursuant hereto and shall exercise the powers stipulated in this chapter and which are subject to the approval and ratification of the Board. The Inspector shall report to the Board upon applications for sewer connections, shall inspect the construction of such sewer connections and shall report to the Board upon any transgressions of this chapter and any rules and regulations issued pursuant thereto.
B. 
No one will be allowed to make connections with the public sewers nor lay any sewers in connection therewith except under the supervision of the Sewer Inspector or his authorized agent.
All house sewers or sewer connections shall be laid and connected in accordance with this chapter and any rules and regulations issued pursuant hereto, and the repair, maintenance and extension of the same shall likewise conform to this chapter and any rules and regulations issued pursuant hereto. The entire expense and responsibility of all connections from the public sewer to the house shall be borne by the property owner.
Any discharge of industrial waste and any sewer connection which carries or discharges an industrial waste to the public sewer system shall be made conditional based upon the following limitations:
A. 
The quantity and rate of flow of industrial wastes to be discharged to the public sewers shall not exceed limitations established by the Sewer Inspector and shall be subject to review by the Town Board and/or the Pawling Joint Sewer Commission.
B. 
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 this chapter or which, in the judgment of the Sewer 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 Sewer Inspector may:
(1) 
Reject the wastes and sever connections with the public sewer.
(2) 
Require pretreatment to an acceptable level stipulated in state and federal pretreatment regulations and subject to state and federal review and approval for discharge to the public sewers.
It shall be unlawful for any person(s), firm or corporation:
A. 
To place, deposit, permit or cause to be deposited in an unsanitary manner upon public or private property within the municipality or in any area under the jurisdiction of said municipality any human or animal excrement, garbage or other objectionable or harmful waste, except as hereinafter provided, except where special permission of the Village Board is given.
B. 
To uncover any portion of the public sewers or connection thereto or to open any manhole or appurtenance of the sewage system, except under permit signed by the Sewer Inspector.
C. 
To open any highway or public ground for the purpose of making any sewer connection or to make or cause to be made any connection with the public sewer, except under permit signed by and under the supervision of the Sewer Inspector.
D. 
To break or to cut or remove any pipe of the public sewer stem or to make or cause to be made any connection to the public sewers except through the connection branches provided for that purpose. The location of said connection branches will be designated by the Sewer Inspector.
E. 
To discharge or cause to be discharged into any public sewer, directly or indirectly, any overflow or drainage from manure pits, cesspools or other receptacles storing or constructed to store organic waste.
F. 
To connect or cause to be connected with any public sewer, either directly or indirectly, any sediment traps or any pipes carrying or constructed to carry hot circulating water, acid germicides, grease, brewery or distillery washwater, gasoline, naphtha, benzene or similar liquid, oil or other industrial or trade waste or any other substance detrimental to or deemed by the Sewer Inspector to be detrimental to the municipal sewers or to the operation of the sewage system or the sewage treatment works, unless adequate and proper preliminary treatment appurtenances and apparatus are installed and maintained at the owner's expense so that the spent water delivered to the public sewers will be neutral in character, as determined by the standard acid-alkalinity tests, and be free from excess suspended matter or excess bacterial agents, as may be approved by the Town Board and/or the Pawling Joint Sewer Commission. Steam engine exhaust or blowoff from steam boilers shall not be connected to the public sewers.
G. 
To drain from washstands of public or private garages, automobile washing stations, cleaning or dyeing works, laundries or similar establishments where gasoline, oils or any flammable materials are used or stored, unless equipped with an oil separator of a size and design approved by the Sewer Inspector.
H. 
To throw or deposit or to cause or allow to be thrown or deposited in any fixture, vessel, receptacle, inlet or opening connected directly with any public sewer any unground table garbage, vegetable parings and the like. The use of mechanical garbage grinders producing a finely divided mass, properly flushed with an ample amount of water, is permitted under this chapter and any rules and regulations issued pursuant hereto.
I. 
To allow any house sewer connected with the public sewer to be also connected with any privy vault, septic tank, cesspool or underground drain and with any channel conveying water or filth, except such soil pipes and other plumbing works as shall have been duly inspected and approved by the Sewer Inspector.
J. 
To throw or to deposit or cause or allow to be thrown or deposited in any fixture, vessel, receptacle, inlet or opening connected directly with any public sewer any ashes, cinders, rags or similar waste materials of any kind or character other than feces, urine, necessary toilet paper, liquid house slops or properly ground table garbage.
A. 
General restrictions. No person(s), firm or corporation shall discharge to a public sewer:
(1) 
Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas which may produce flammable or explosive gases in the sewer.
(2) 
Any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water, pressure sand filter backwash water, water softener backwash water and boiler blowdown water.
(3) 
Any water 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.
(4) 
Any waters having a pH lower than seven point zero (7.0) or higher than nine point five (9.5).
(5) 
Solids or viscous substances in quantities or of a size capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage treatment works, such as but not limited to ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
(6) 
Any residues or sludges resulting from the purification of wastes.
(7) 
Any mineral or other oil or emulsions thereof measured such that a settled sample after acidification to pH two and standing for one hour must not develop a separate layer of mineral or other oil of measurable depth.
B. 
Specific industrial restrictions.
(1) 
Industries shall not discharge to the public sewer an effluent containing greater than the following concentrations of the stated substances:
Concentration
(milligrams per liter)
Constituent
Maximum
Average
BOD
300
250
COD
900
750
Total suspended matter (suspended solids)
300
250
Boron (as B)
3.00
2.00
Cadmium (as Cd)
3.00
2.00
Chromium (hexavalent as Cr)
3.00
2.00
Copper (as Cu)
2.00
1.00
Cresols (C6H4CH3OH)
25.00
10.00
Cyanide (as CN free titratable
0.50
0.20
Lead (as Pb)
0.50
0.20
Mercuric chloride (as Hg)
3.00
2.00
Nickel (as Ni)
2.00
1.00
Phenols (as C6H5OH)
25.00
10.00
Zinc (as Zn)
3.00
2.00
(2) 
Industries shall not discharge to the public sewer the following described substances, materials, waters or wastes if it appears likely in the opinion of the Sewer Inspector that such wastes can harm either the sewers, sewage treatment processes or equipment, have an adverse effect on the receiving water or can otherwise endanger life, limb or public property or constitute a nuisance. In forming an opinion as to the acceptability of these wastes, the Sewer 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 and other pertinent factors. The prohibited substances are:
(a) 
Any liquid or vapor having a temperature higher than 104° F. (40° 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 thirty-two degrees and one hundred fifty degrees Fahrenheit (32° and 150° F.) [zero degrees and sixty-five degrees centigrade (0° and 65° C.)].
(c) 
Any water or waste containing iron, trivalent chromium, aluminum, sulfates, silicates, formaldehyde and similar objectionable or toxic substances to such degree that any such materials received in the composite sewage at the sewage treatment works exceed the limits established by the Sewer Inspector for such materials.
(d) 
Any water or waste containing phenols or other waste or odor-producing substances in such concentrations as may exceed limits established by the Sewer Inspector as necessary, after treatment of the composite sewage, to meet the requirements of the state, federal or other public agencies for such discharge to the receiving waters.
(e) 
Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Sewer Inspector in compliance with applicable state or federal regulations.
(f) 
Materials which exert or cause unusual concentrations of inert suspended solids, such as but not limited to fuller's earth, lime slurries and lime residues or of dissolved solids, such as but not limited to sodium chloride and sodium sulfate.
(g) 
Materials which exert or cause excessive discoloration, such as dye wastes, such that the effluent after treatment may exceed limits established by the Sewer Inspector in compliance with applicable state and federal regulations.
(h) 
Materials which exert or cause unusual volume of flow or concentration of wastes constituting slugs, as defined herein.
(i) 
Materials which exert or cause unusual chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.
(j) 
Water or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment process employed or are amenable to treatment only to such a degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
C. 
Accidental discharge notification. In the event of a discharge of any of the above-stated prohibited discharges for reasons of accident or otherwise, the person(s), firm or corporation performing the prohibited discharge shall immediately notify the Sewer Inspector of the violation so that necessary precautions may be taken to protect the sewage works.
A. 
[Amended 4-9-1991 by L.L. No. 1-1991; 7-3-1991 by L.L. No. 3-1991] Required connections. The owner of any house, building or property used for human occupancy, employment, recreation or other purposes, situated within the municipality and abutting on any street, alley or right-of-way in which there is located a public sanitary sewer of the municipality, is hereby required at his expense to install a suitable connection to the public sewer in accordance with this chapter and any rules and regulations issued pursuant thereto within 60 days after the date of official notice to do so, provided that such sewer is within 150 feet of any property line of such premises and is otherwise accessible.
(1) 
Provided that an existing premises contains a properly operating septic system, the Town or Village of Pawling may waive the necessity of an existing residential dwelling connecting to the existing public sewer system upon the finding of extreme financial hardship. Such finding shall be determined by the Pawling Joint Sewer Commission after a hearing with respect thereto. The owner of such premises may make application to the Pawling Joint Sewer Commission for a waiver of the requirement shown in Subsection A herein, provided that the existing sewage disposal system servicing the premises is in compliance with the requirements of the Dutchess County Board of Health and all other municipal authorities or local laws having jurisdiction thereof and is adequately treating the sewage from the residence. The applicant understands and agrees that the finding with respect to hardship is exclusively within the province of the Pawling Joint Sewer Commission and that any decision relating thereto will be binding and final.
(2) 
Where a public sanitary sewer is not available under the provisions stated herein, the building sewer shall be connected to a private disposal system complying with the provisions of this chapter and all of the state, county and local rules and regulations regarding operation of sewage disposal systems. Further, a written permit for such work must be obtained prior to commencement of construction as stated herein.
(3) 
Each building in the area served by a public sewer, when connected, must be connected separately and independently with the sewer through the house connection branch directly opposite the building or nearest in downstream direction. Grouping of buildings on one house sewer will not be permitted, save by special act of and by the Town Board.
B. 
Notification of Sewer Inspector.
(1) 
The Sewer Inspector shall be notified at least 24 hours before the beginning of any work upon sewers or connections as to the time of the commencement of such work.
(2) 
Persons must report to the Sewer Inspector, in writing, within 24 hours after the completion of any work by them, every connection or disconnection made between any building and the sewer system or between any house connection and the sewer system.
C. 
Persons authorized to work on sewers. Only persons herein authorized may work in or on public sewers:
(1) 
Connections, alterations or repairs to any public sewer or manholes or other appurtenances of such sewage system in the village shall not be made by any person other than a plumber certified by the town and personnel designated by the town and/or the Pawling Joint Sewer Commission.
(2) 
No unauthorized person shall open the cover of, enter or alter any manhole or other appurtenance of any public sewer; place or insert in any public sewer or its appurtenances any foreign material which such sewer or its appurtenances was not intended to receive; nor shall any person damage, destroy, uncover, deface or tamper in any way with any public sewer or its appurtenances.
D. 
House connections.
(1) 
No building connection line from the public sewer to the property line shall be of any internal diameter less than four inches. Inside the property line, the diameter of the pipe shall not be less than four inches.
(2) 
No public or private building, dwelling or store will be permitted to make any connection whatsoever to the sanitary sewer system unless the same has a soil line extended to a point above thereof and properly vented or otherwise vented in a manner approved by the Sewer Inspector. In existing public or private buildings, dwellings or stores which are not properly vented, the use of a house trap shall be optional with the property owner in all cases where such trap has already been installed.
(3) 
Grease traps must be installed for restaurants, hotels and apartment houses or wherever the Village Board or its authorized agent may direct. Grease traps must be kept clean at all times at the owner's expense. The size and design of the grease trap shall be approved by the Sewer Inspector. Grease traps should not be preceded by garbage grinder or disposal units.
(4) 
Any pressurized sewer connections shall be subject to the approval of the town and/or the Pawling Joint Sewer Commission or its authorized agent.
A. 
General connection limitations and specifications.
(1) 
No connection to the public sewers shall be allowed at existing public manholes except where provided in the original system design or as stated by special action of the Town Board and/or the Pawling Joint Sewer Commission.
(2) 
All connections to the public sewers, sewer laterals and all existing sewer pipe shall be of the tee-type junctions, with all other type connections prohibited.
(3) 
All pipes, fittings and connections to the public sewers from any sewer or drain shall be permanently sealed against exfiltration and infiltration and shall be tested to comply with the prevailing national standard or the set standard of 100 gallons per day per inch of diameter per mile of length, wherever the Town Board and/or the Pawling Joint Sewer Commission or its duly appointed agent shall direct.
B. 
Sewer pipe and fittings specifications.
(1) 
Polyvinyl chloride (PVC) pipes and fittings shall conform to ASTM D-3034 specifications and modifications to this specification as set forth in Recommended Standard Specifications for PVC Plastic Gravity Sewer Pipe and Fittings: UNI-B-4-77A, published by the UNI-Bell Plastic Pipe Association, and any addendums, updates or rewritings of these specifications.
(2) 
Connection fittings for building service lines shall be molded or fabricated with all gasket connections. Any connection into an existing line shall use a gasketed fitting in conjunction with a repair sleeve coupling or gasketed saddle tee with all stainless steel clamps. Saddle connections shall conform to Figure 1[1] and the following installation requirements:
(a) 
Saddles must be mounted on pipes with gasketed connections and secured by stainless steel banding.
(b) 
Holes for saddle connections shall be cleanly cut, employing either a mechanical hole cutting device, a keyhole saw or a saber saw.
(c) 
Fittings which are prefabricated using pipe sections, molded saddles and PVC solvent cement may be allowed, provided that the solvent cement used in fabrication has cured 24 hours.
(d) 
Cemented mitered connections without proper gasket seals and socket reinforcement shall not be permitted.
(e) 
Only PVC primer and solvent cement shall be used in cementing in accordance with the cement manufacturer's recommendations and ASTM D-2855.
[1]
Editor's Note: Figure 1 is included at the end of this chapter.
(3) 
All caps and plugs shall be braced, staked, anchored, wired or otherwise secured to the pipe to prevent leakage under the maximum anticipated thrust from internal abnormal operating conditions or test pressures from water or air.
C. 
Sewer line installation.
(1) 
Service lines from buildings, structures or dwelling units to the collection sewer shall have a minimum depth of four feet at the property line and shall be laid with a straight alignment and at a uniform slope of not less than one-fourth (1/4) inch per foot for four-inch-diameter pipe and one-eighth (1/8) inch per foot for six- and eight-inch-diameter pipe. Where collection sewers are deeper than seven feet, a vertical standpipe or stack will be permitted. The standpipe or stack does not require concrete encasement; however, it shall be uniformly supported by compacted backfill.
(2) 
No trench shall be filled or any part of pipe or fittings covered until at least 24 hours' notice has been given to the Sewer Inspector that the work is ready for inspection and such inspection is made. Every such inspection shall be made as soon as possible after the receipt of notice by the Sewer Inspector, and such Inspector shall have the power to apply any proper tests to the pipe or fittings, and the owner or contractor doing the work shall furnish all necessary tools and labor for such test and shall remove any defective material or repair any work improperly done, as the Sewer Inspector shall direct, without expense to the municipality.
(3) 
Trench construction.
(a) 
The sewer permit applicant shall be responsible for all conflicting obstructions and shall bear all expenses arising from obstructions encountered and shall perform all locating, protection, repair of damage, necessary removal, adjustment or relocation of any obstruction.
(b) 
No blasting shall be done within five feet of public or private sewers, and utmost care shall be taken to prevent injury thereto. Reimbursement for any repair or damages done as a result of blasting shall be borne by the sewer applicant.
(c) 
The trench bottom should be constructed to provide a firm, stable and uniform support along the full length of the pipe.
(d) 
Bell holes shall be provided at each joint to permit proper joint assembly and alignment.
(e) 
Any part of the trench bottom excavated below grade shall be backfilled to grade and compacted as required to provide firm pipe support.
(f) 
When an unsuitable subgrade condition is encountered which will provide inadequate pipe support, additional trench depth shall be excavated and refilled with suitable foundation material.
(g) 
In situations which have natural materials of fine grains and in conditions where migration of trench wall material into bedding material can be anticipated, either wide trench construction or well graded bedding material without voids shall be used.
(4) 
Haunching.
(a) 
Material shall be placed and consolidated under the pipe haunch to provide adequate side support to the pipe while avoiding both vertical and lateral displacement of the pipe from proper alignment.
(b) 
Where coarse materials with voids have been used for bedding, the same coarse material shall also be used for haunching.
(c) 
Haunching shall be placed up to the pipe spring line.
(5) 
Initial backfill.
(a) 
Initial backfill shall be completed to a point at least 12 inches over the top of the pipe.
(b) 
If the final backfill contains large particles which may dislodge or damage the pipe, the depth of the initial backfill shall be increased to a point of not less than 18 inches over the pipe.
(6) 
Final backfill.
(a) 
Boulders, debris, frozen earth and rubble which could damage the pipe shall be excluded from backfill material.
(b) 
Special compaction and tamping as specified by the Board or its duly appointed agents shall be required under improved surfaces, shoulders of streets, roads, aprons, curbs and walks.
(c) 
Natural compaction accomplished by the loose placing of material into the trench, rolling of the surface layer, mounding of the surface and filling and maintaining all sunken trenches shall be allowed for the top six inches on all neutral grounds which are free of traffic, lawns, open fields and unimproved rights-of-way. All other trench materials shall otherwise be compacted as above.
D. 
Abandonment of sewage system. When a sewerage system is no longer to be used, it shall be abandoned, and every tank or pit in such system shall be opened, emptied of any sewage and placed in a condition so that it will not cause a nuisance or health hazard and so as to prevent accidents.
[Added 4-9-1991 by L.L. No. 1-1991]
All measurements, tests and analyses of characteristics of waters and wastes to which reference is made shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater and shall be determined on samples collected at suitable points.
A. 
The design, installation and operation of pretreatment and equalization facilities, which the Town Board and/or the Pawling Joint Sewer Commission or its appointed agent has deemed necessary for municipal acceptance of industrial waste, shall be subject to review and approval by the Town Board and/or the Pawling Joint Sewer Commission or its appointed agents and subject to requirements of all applicable codes. These facilities shall be maintained at the industry's expense and shall include:
(1) 
A suitable control manhole, channel or flume, together with such appurtenances in the effluent sewer to facilitate observation, sampling and measurement of the untreated, pretreated and equalized wastes. Such manhole, channel or flume shall be accessibly and safely located and shall be constructed in accordance with plans approved by the Sewer Inspector. The manhole shall be installed at the industry's expense and shall be maintained by it so as to be safe and accessible at all times.
(2) 
Industries shall install a suitable recording flow meter at the control manhole, channel or flume which will continuously measure and record the rate of flow of any waters and wastes. The flow shall be in accordance with plans approved by the Sewer Inspector and shall be maintained to produce a continuous record of all water and wastes entering the public sewers. The flow meter shall be installed, maintained and operated at the industry's expense.
(3) 
Industries shall install a sampling device at the control manhole, channel or flume which will sample the wastewater at fifteen-minute intervals or less and composite the sample in the proportion to the rate of flow at the time of sampling. The sampling device shall have a storage container of sufficient volume to retain a mixture of samples over 24 hours with refrigeration equipment to maintain the composited sample at a temperature of four degrees Centigrade (39.2° F.), plus or minus two degrees Centigrade (3.6° F.), and in darkness. The sample device shall be selected and installed in accordance with plans approved by the Sewer Inspector. The sampling device shall be maintained, cleaned and operated by the industry subject to the approval of the Sewer Inspector. The sampling device shall be installed and maintained at the industry's expense.
(4) 
Industries, where required by the Town Board and/or the Pawling Joint Sewer Commission or its authorized agents, shall install a suitable recording pH meter at the control manhole, channel or flume which will continuously measure and record the pH of any water and wastes. The pH information shall be transmitted by any electric or mechanical system to the control building of the sewage treatment plant and similarly recorded. An alarm system shall be connected to the pH meter to notify the industry and the operator of the sewage treatment plant when the pH exceeds the limit set forth by this chapter. The pH meter recording and telemetering system and alarm system shall be selected and installed in accordance with plans approved by the Sewer Inspector and shall be maintained and operated by the industry, subject to approval by the Sewer Inspector. The pH meter, recorders, telemetering system and alarm system shall be installed and maintained at the industry's expense.
(5) 
While performing the necessary work at any industrial property, the Sewer Inspector or duly authorized agent of the town and/or the Pawling Joint Sewer Commission shall observe all safety rules applicable to the premises established by the company, and the company shall be held blameless for any injury or loss to the town or Commission employees, and the town shall indemnify the company against loss or damage to its property by employees and against liability claims and demands for personal injury or property damages 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 above.
B. 
If the industry is found to be violating any provision of this chapter, it shall be served with written notice stating the nature of the violation and providing a reasonable time for the satisfactory correction thereof. The industry shall, within the period stated in such notice, permanently cease all violations.
C. 
If the industry violates any provisions of this chapter, it shall become liable to the town for any expense, loss or damage occasioned the town by reason of such violation.
D. 
If the industry shall continue any violation beyond the time limit provided herein, the town may, upon recommendation of the Sewer Inspector, reject the wastes and sever the connection to the public sewer.
E. 
Notwithstanding any provisions of this chapter, disposal into the public sewers is unlawful except in compliance with federal standards promulgated by the Federal Environmental Protection Agency in accordance with Section 307 of the FWPCA. Further, each major contributing industry shall submit a report in compliance with the requirements of Section 307 on the fifteenth day of the months of March, September and December or as otherwise prescribed by the Sewer Inspector. A major contributing industry is described as any of the following:
(1) 
An industry that has a flow of 50,000 gallons or more per average workday.
(2) 
An industry that has a flow greater than 5% of the flow carried by the municipal system receiving the waste.
(3) 
An industry that has in its waste a toxic pollutant in toxic amounts as defined in standards issued under Section 307a of the FWPCA.
(4) 
An industry that has a significant impact, either singly or in combination with other contributing industries, on the treatment works or the quality of its effluent.
No persons shall construct any drain or sewer upon or from any premises in said municipality or use or permit to be used any sewer or drain without a permit from the Sewer Inspector.
A. 
Application for permit. Before any sewage work or drainage can be done or connected in or on any property or before any alterations or additions are made to old sewage or drainage work, when the same is to be connected with the public sewer or private septic system, plans and descriptions of the proposed work, signed by an authorized person, shall be filed in the office of the Sewer Inspector, accomplished by an application for approval of said plan and the issuance of a permit to do said work. Application shall be upon a blank form obtained from the Sewer Inspector and shall state the name of the person who has been engaged by the owner to do the work. The application fee shall be as set by resolution of the Town Board;[1] however, said fee amount is subject to change upon the passage of a resolution of the Town Board. The permit shall, during construction, be kept at the site of the work and be available for inspection by any duly authorized agent(s) of the Town Board and/or the Pawling Joint Sewer Commission.[2]
[1]
Editor's Note: Specific fee amounts are on file and available for inspection in the office of the Town Clerk.
[2]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
B. 
Disturbing pavements. No permit granted by the Sewer Inspector shall be constructed to permit any interference or disturbance of any state or county or town or village highway pavement, as the case may be, in the municipality or in any excavation in any road, street or public place, unless the permit shall expressly so provide. No permit shall be granted for such interference or disturbance of said pavement or for the excavation for sewer purposes in any public street or public place unless the application shall have first obtained approval from the state or county or town highway department having jurisdiction. Any permit fee, bonding or other expense in connection with the issuance of a permit for opening any street or pavement shall be paid by the applicant. No permit shall be deemed to authorize anything not stated in the application thereof.
C. 
Revocation of permit. Whenever, in the opinion of the Sewer Inspector, any person violates any of the provisions of this chapter, said Inspector shall report the same, in writing, to the Town Board, and, if the Town Board shall find the charges are sustained, it may revoke the permit of such person.
(1) 
Any person found to be violating any provision of this chapter and any rules or regulations issued pursuant hereto shall be served by the municipality with written notice stating the nature of the violation and providing a reasonable time limit, not exceeding 30 days, for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
(2) 
No person, firm or corporation, once having obtained a permit in the municipality, who shall have violated any of the provisions and any rules and regulations issued pursuant hereto or shall have refused or neglected to make good, to the satisfaction of the Town Board, any defective or imperfect work or shall have refused or neglected to pay any fees, fines or penalties imposed under the provisions of this chapter and any rules and regulations issued pursuant hereto, shall not be eligible to receive any renewal of such permit until such default on his or their or its part has been removed.
D. 
Entry into premises for inspection. The Sewer Inspector and other duly authorized employees of the Board, the United States Environmental Protection Agency and the New York State Department of Environmental Conservation bearing proper credentials and identification shall be permitted to enter upon all properties at all times for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter and any rules and regulations pertaining hereto. The Inspector shall limit his inspection to the sewage system and the area of the property or structure therein where the components of the system are located.
A. 
The invalidity of any section, clause, sentence or word of this chapter and any rules and regulations issued pursuant hereto shall not affect the validity of any part thereof which can be given effect without such invalid part or parts.
B. 
All rules, regulations, ordinances and local laws or parts of said rules, regulations, ordinances and local laws in conflict herewith are hereby suspended.
C. 
This chapter shall take effect and be in force from and after its approval as required by law.
A. 
Any person(s), firm or corporation committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, of each 24 hour period in which the offense is continued, a separate and distinct offense.
B. 
Liability for expenses of municipality. Any person violating any of the provisions of this chapter and any rules and regulations issued pursuant hereto shall become liable to the municipality by reason of such violation.
[Amended 3-4-1992 by L.L. No. 1-1992]
The purpose of the Article is to provide for the fair distribution of costs for operating and maintaining sewage works serving the Town of Pawling Sewer Districts.
As used in this Article, the following terms shall have the meanings indicated:
OPERATIONS AND MAINTENANCE COSTS
Annual costs incurred by the Town of Pawling Sewer Districts for the operation, maintenance and replacement of sewage works or portions thereof serving the Town of Pawling Sewer Districts.
[Amended 3-4-1992 by L.L No. 1-1992]
PROPERTY
Properties of land which have been determined to have access to and thereby benefit from sewage works in the Town of Pawling Sewer Districts.
USER
An individual, business, corporation or entity which discharges sewage into the sewage works of the Town of Pawling Sewer Districts.
[Amended 3-4-1992 by L.L. No. 1-1992]
A. 
Apportionment. Annual charges for operations and maintenance of sewage works within the Town of Pawling Sewer Districts will be apportioned to each property in accordance with the requirements set forth in 40 CFR, Ch. 1 (7-1-1990 Edition), § 35.929 et seq., and Article 14-F of the General Municipal Law.
B. 
Determination of charge. The Pawling Town Board and the Pawling Village Board have decided to combine all annual costs of operations and maintenance and have authorized the Pawling Joint Sewer Commission to allocate the costs among the properties in the village and town using the following model:
CU = VC x VU
where:
CU = A user's charge for operation and maintenance per unit of time.
VC = Operations and maintenance cost for transportation and treatment of one unit of sewage volume.
VU = Volume contribution of sewage from a user per unit of time.
C. 
Calculation of flow.
(1) 
The owner of any parcel of real property within the Town of Pawling Sewer Districts may, if he or she desires, purchase an approved measuring device at his or her cost and expense and install the same in a manner approved by the Town Board which measures directly the usage of the sewage system. Thereafter the sewer usage rent shall be based upon the metered usage of the sewage system. If no such device is installed, then sewage flow will be calculated based upon a fraction of metered water usage.
(2) 
The Town Board may require the owner of any parcel of real property who makes use of the sewage system to install a water meter, at the owner's expense.
D. 
Computation of VC. The value of VC shall be established annually by the Town Board based on the operation and maintenance expenses incurred during the past fiscal year. If past date is not available, then the Village Board or its agents shall compute the value of VC based on data which are deemed to reasonably represent the projected annual operation and maintenance expenditures for the year.
E. 
Extraneous flow. If extraneous flow is measured, the cost of treating it shall be borne by the users of the system in direct proportion to their volume of discharge.
F. 
Method of payment. Annual operations and maintenance charges shall be billed quarterly and will be due on the fifteenth day of January, April, July and October of each year. Nonpayment shall be subject to a penalty of 15% per quarter after nonpayment for 30 days.
G. 
Operations and maintenance charges to constitute lien. Operations and maintenance charges shall constitute a lien upon the real property served by the sewage works of the Town of Pawling Sewer Districts to the extent set forth in § 452 of the General Municipal Law.
H. 
Method of payment.Operations and maintenance charges are to be calculated annually for each property in the Village and Town Sewer Districts and will be billed in quarterly amounts in advance every three months.
A. 
Designation of fiscal officer. The Supervisor or the Pawling Town Board or its designated representative is hereby authorized to act on behalf of the Town of Pawling Sewer Districts in the matter of accounting for revenues and expenditures thereof. The Town Board has specifically authorized the Pawling Joint Sewer Commission to bill operations and maintenance charges on a quarterly basis.
[Amended 3-4-1992 by L.L. No. 1-1992]
B. 
Recordkeeping. The Supervisor of the Town of Pawling and/or the Pawling Joint Sewer Commission shall be charged with the responsibility of maintaining neat and accurate records of all revenues and expenditures of the Town of Pawling Sewer Districts. The records shall be maintained in the Town Hall of the Town of Pawling and/or the office of the Pawling Joint Sewer Commission.
C. 
Commingling of funds. Separate and independent accounts shall be maintained for the Town of Pawling Sewer Districts. There shall be no commingling of funds by and between the Town of Pawling and the Town of Pawling Sewer Districts except as permitted by law.
D. 
Approval of expenditures. All expenditures of the Town of Pawling Sewer Districts shall require approval of the Town Board before any disbursement of funds is undertaken. The Town Board has specifically authorized the Pawling Joint Sewer Commission to bill combined debt reduction and operations and maintenance charges and to pay bills upon presentation of vouchers. The Town Board shall meet on the second Tuesday of each month for purposes of reviewing and approving disbursements. The Pawling Joint Sewer Commission shall regularly meet on the third Wednesday of each month. These dates may be subject to change at the discretion of either Board.
[Amended 3-4-1992 by L.L. No. 1-1992]
A. 
Development of rate schedules. Prior to the start of each fiscal year of operation, the Pawling Joint Sewer Commission and the Town Board of the Town of Pawling shall cause to be prepared a rate schedule for the upcoming fiscal year. The schedule shall be based upon the budgeted expenses developed under this chapter.
B. 
Notification and publication of rate schedule. Following the development and prior to the adoption and enactment of a new or modified rate schedule, the Town Board of the Town of Pawling or the Pawling Joint Sewer Commission, if so designated by the Town Board, shall cause to have published in the official newspaper of the Town of Pawling the proposed rate schedule. The publication shall also state a time and place for public comments to be reviewed by the Town Board of the Town of Pawling or the Pawling Joint Sewer Commission, if so designated by the Town Board. Said meeting shall occur no fewer than 15 but not longer than 30 days after the date of publication.
C. 
Adoption of rate schedule. After notification and publication as set forth in Subsection B of this section, the Town Board of the Town of Pawling may cause to have adopted by majority vote the proposed rate schedules.
D. 
At least annually, each user shall be notified of the rate schedule in conjunction with a regular bill.
[Added 3-4-1992 by L.L. No. 1-1992]
Notwithstanding anything in this chapter to the contrary, each property in the Town of Pawling which is connected to the sewerage system shall pay a minimum charge for such property every three months in an amount equal to the charge which would be levied hereunder if such property had water meter usage of 8,000 gallons in such calendar quarter.
A. 
Interpretation of Article. Whenever conflicting requirements shall arise between parts of this Article or between this chapter and existing regulations of the Town of Pawling, the Town Board shall be the sole determiner with respect to interpretation of this chapter.
B. 
Local agreements. The requirements of this Article supersede any and all conflicting agreements between the Village of Pawling and the individuals, businesses, corporations or entities within the Town of Pawling Sewer Districts.