A. 
Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows:
BOD (denoting BIOCHEMICAL OXYGEN DEMAND)
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20° C. expressed in milligrams per liter.
BUILDING DRAIN
That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning three feet outside the inner face of the building wall.
BUILDING SEWER
The extension from the building drain to the public sewer or other place of disposal.
COMBINED SEWER
A sewer receiving both surface runoff and sewage.
GARBAGE
Solid wastes from the domestic and commercial preparation, cooking and dispensing of food and from the handling, storage and sale of produce.
INDUSTRIAL WASTES
The liquid wastes from industrial manufacturing processes, trade or business, as distinct from sanitary sewage.
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater.
pH
The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
PLUMBING INSPECTOR
The official delegated by the Village Board to be in charge of enforcement of the Village Sanitary Code and the applicable portions of this chapter.
PROPERLY SHREDDED GARBAGE
The wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch (1.27 centimeters) in any dimension.
PUBLIC SEWER
A sewer in which all owners of abutting properties have equal rights and is owned or controlled by a public authority.
SANITARY SEWER
A sewer which carries sewage and to which storm, surface waters and groundwaters are not intentionally admitted.
SEWAGE
A combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such groundwaters, surface waters and stormwaters as may be present.
SEWAGE TREATMENT PLANT
Any arrangement of devices and structures used for treating sewage.
SEWAGE WORKS
All facilities for collecting, pumping, treating and disposing of sewage.
SEWER
A pipe or conduit for carrying sewage.
SLUG
Any discharge of water, sewage or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average twenty-four-hour concentration or flows during normal operation.
STORM DRAIN (sometimes termed "storm sewer")
A sewer which carries stormwater and surface water and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.
SUPERINTENDENT
The Superintendent of Sewage Works of the Village of Millbrook or his or her authorized deputy, agent or representative.
SUSPENDED SOLIDS
Solids that either float on the surface of or are in suspension in water, sewage or other liquids and which are removable by laboratory filtering.
WATERCOURSE
A channel in which a flow of water occurs, either continuously or intermittently.
B. 
Shall is mandatory; may is permissive.
It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the Village of Millbrook or in any area under the jurisdiction of said Village, any human or animal excrement, garbage or other objectionable waste.
It shall be unlawful to discharge to any natural outlet within the Village of Millbrook or in any area under the jurisdiction of said Village, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.
Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage.
The owners of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes situated within the Village of Millbrook and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the Village is hereby required at his or her expense to install suitable toilet facilities therein and to connect such facilities directly with the proper public sewer in accordance with the provisions of this chapter within 180 days after the date of official notice to do so.
Where a public sanitary or combined sewer is not available under the provisions of § 180-29, the building shall be connected to a private sewage disposal system complying with the provisions of this chapter.
Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the Plumbing Inspector. The application for such permit shall be made on a form furnished by the Village, which the applicant shall supplement by any plans, specifications and other information as are deemed necessary by the Plumbing Inspector. A permit and inspection fee shall be paid by the property owner to the Village at the time the application is filed. Such permit and inspection fee shall be in an amount set forth on the prevailing fee schedule adopted by resolution of the Village Board of Trustees and as such schedule is modified from time to time by resolution of the Village Board of Trustees.
A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Plumbing Inspector. He or she shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the Plumbing Inspector when the work is ready for final inspection and before any underground portions are covered. The inspection shall be made within 24 hours of the receipt of notice by the Plumbing Inspector.
The type, capacities, location and layout of a private sewage disposal system shall comply with all recommendations of the Dutchess County Department of Health of the State of New York. No septic tank or cesspool shall be permitted to discharge to any natural outlet.
A. 
At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in § 180-30, a direct connection shall be made to the public sewer in compliance with this chapter, and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned and filled with suitable material.
B. 
When a public sewer becomes available, the building shall be connected to said sewer within 180 days, and the private sewage disposal system shall be cleaned of sludge and filled with clean bank-run gravel or dirt.
The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the Village.
No statement contained in §§ 180-31 through 180-36 shall be construed to interfere with any additional requirements that may be imposed by the Dutchess County Health Department.
No unauthorized person shall uncover, make any connection with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Plumbing Inspector and/or Superintendent.
A. 
There shall be two classes of building sewer permits:
(1) 
For residential and commercial service.
(2) 
For service to establishments producing industrial wastes.
B. 
In either case, the owner or the owner's agent shall make application on a special form furnished by the Village. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Plumbing Inspector. A permit and inspection fee shall be paid by the property owner to the Village at the time the application is filed. Such permit and inspection fee shall be in an amount set forth on the prevailing fee schedule adopted by resolution of the Village Board of Trustees and as such schedule is modified from time to time by resolution of the Village Board of Trustees.
All costs and expenses incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the Village from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. Additional costs for maintenance and repairs of building sewer from the building to the edge of the property will be at the expense of the owner.
A separate and independent building sewer shall be provided for every building; except that where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, the building sewer from the front building may be extended to the rear building, and the whole considered as one building sewer.
Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Plumbing Inspector, to meet all requirements of this chapter.
The size, slope, alignment, materials of construction of a building sewer and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench shall all conform to the requirements hereinafter specified: Building sewers shall be of four-inch minimum diameter and the minimum slope shall be 1/4 inch per foot unless otherwise permitted by the Plumbing Inspector. Materials shall conform to those hereinafter specified. Sewers shall be laid in a straight line horizontally and vertically. Any building sewer that exceeds a length of 100 feet shall have a cleanout installed. Changes in direction shall be made, horizontally and/or vertically, with standard prefabricated elbows and bends. Any change in direction greater than 45° shall require a cleanout to be installed and brought to the surface. Any installed cleanout shall be capped at the surface with a watertight seal. The excavation for building sewers shall be carried at least three feet below grade; if the three-foot depth cannot be achieved, then insulation of the pipe shall be required. The trench shall be backfilled with sand or fine-graded gravel, compacted to the flow line of the pipe. The pipe shall then be laid to line and grade on the prepared bed and hand backfilled and tamped with select material free from lumps, clods, stone, etc., to a point one foot over the top of pipe. The remainder of the trench shall be backfilled to the satisfaction of the Plumbing Inspector, except that excavations in streets, driveways and sidewalks located in the public thoroughfare shall be backfilled with good quality run of bank gravel compacted in one-foot layers.
Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer. Any costs associated with the delivery of sanitary sewage from the building to the public sewer by any means other than gravity shall be borne by the owner.
No person shall make connection of roof downspouts, exterior foundation drains, areaway drains or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.
The connection of the building sewer into the public sanitary sewer shall conform to the requirements of the Sanitary Code or other applicable rules and regulations of the Village. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the Plumbing Inspector and/or the Superintendent.
A. 
All sewer materials shall conform to the following requirements and American Society for Testing and Materials (ASTM) specifications:
(1) 
Cast-iron soil pipe A 72-42.
(2) 
PVC: SDR35 D3034.
(3) 
PVC: SDR26 D3034.
B. 
Hot-poured bituminous or cement mortar joints shall not be permitted.
C. 
All pipe joints shall be gasketed. No glue joints for PVC pipe shall be permitted underground.
New connections to the public sewer shall be made when necessary using prefabricated wye or tee saddles which are to be bolted or banded to the sewer main. Each saddle shall be installed with a rubber gasket joint. Taps into the main are to be made in a manner satisfactory to the Plumbing Inspector and/or Superintendent and shall result in a neat, clean hole of proper diameter without damage to the remainder of the pipe.
The applicant for the building sewer permit shall notify the Plumbing Inspector and/or Superintendent when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Plumbing Inspector or his or her representative.
All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Village.
A. 
No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters to any sanitary sewer. Sump pumps and roof drains from any building connected to the sanitary sewer system shall not be permitted.
B. 
Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers or to a natural outlet approved by the Plumbing Inspector.
C. 
Industrial cooling water or unpolluted process waters may be discharged, on approval of the Plumbing Inspector, to a storm sewer, combined sewer or natural outlet.
No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:
A. 
Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas.
B. 
Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to cyanides in excess of two milligrams per liter as CN in the wastes as discharged to the public sewer.
C. 
Any waters or wastes having a pH lower than 5.5 or having any other corrosive property capable of causing damage or hazard to structure, equipment and personnel of the sewage works.
D. 
Solids or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works, such as but not limited to ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
No person shall discharge or cause to be discharged the following described substances, materials, waters or wastes if it appears likely in the opinion of the Plumbing Inspector that such wastes can harm either the sewers, sewage treatment process or equipment, have an adverse effect on the receiving stream or can otherwise endanger life, limb, public property or constitute a nuisance. In forming an opinion as to the acceptability of these wastes, the Plumbing Inspector will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant and other pertinent factors. The substances prohibited are:
A. 
Any liquid or vapor having a temperature higher than 150° F. (65° C.).
B. 
Any water or waste containing fats, wax, grease or oils, whether emulsified or not, in excess of 100 milligrams per liter or containing substances which may solidify or become viscous at temperatures between 32° F. and 150° F. (0° C. and 65° C.).
C. 
Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of 3/4 horsepower (0.76 horsepower metric) or greater shall be subject to the review and approval of the Plumbing Inspector.
D. 
Any waters or wastes containing strong-acid iron-pickling wastes or concentrated plating solutions, whether neutralized or not.
E. 
Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the Plumbing Inspector for such materials.
F. 
Any waters or wastes containing phenols or other taste- or odor-producing substances in such concentrations exceeding limits which may be established by the Plumbing Inspector as necessary, after treatment of the composite sewage, to meet the requirements of the state, federal or other public agencies of jurisdiction for such discharge to the receiving waters.
G. 
Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Plumbing Inspector in compliance with applicable state or federal regulations.
H. 
Any waters or wastes having a pH in excess of 9.5.
I. 
Materials which exert or cause:
(1) 
Unusual concentration of inert suspended solids (such as, but not limited to, fuller's earth, lime slurries and lime residues) or of dissolved solids, such as but not limited to sodium chloride and sodium sulfate.
(2) 
Excessive discoloration, such as but not limited to dye wastes and vegetable tanning solutions.
(3) 
Unusual BOD, chemical oxygen demand or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.
(4) 
Unusual volume of flow or concentration of wastes constituting slugs, as defined herein.
J. 
Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
A. 
If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in § 180-52 of this chapter and which, in the judgment of the Plumbing Inspector, may have a deleterious effect upon the sewage works, processes, equipment or receiving waters or which otherwise create a hazard to life or constitute a public nuisance, the Plumbing Inspector may:
(1) 
Reject the wastes;
(2) 
Require the pretreatment to an acceptable condition for discharge to the public sewers;
(3) 
Require control over the quantities and rates of discharge; and/or
(4) 
Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of § 180-58 of this chapter.
B. 
If the Plumbing Inspector permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Plumbing Inspector and subject to the requirements of the Code of the Village of Millbrook and all applicable codes, rules and regulations.
Grease, oil and sand interceptors shall be required for all structures for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Village Engineer and shall be located so as to be readily and easily accessible for cleaning and inspection. Any costs associated with installing the interceptor, including Village engineering fees, shall be at the property owner's expense.
Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his or her expense. Any inspection or cleaning of said facilities needs to be reported to the Village.
When required by the Plumbing Inspector, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole, together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the Plumbing Inspector. The manhole shall be installed by the owner at his expense and shall be maintained by the owner so as to be safe and accessible at all times.
All measurements, tests and analyses of the characteristics of water and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association, and shall be determined at the control manhole provided or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by the customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property. (The particular analyses involved will determine whether a twenty-four-hour composite of all outfalls of a premises is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from twenty-four-hour composites of all outfalls, whereas pHs are determined from periodic, grab samples.)
No statement contained in this chapter shall be construed as preventing any special agreement or arrangement between the Village and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the Village for treatment, subject to payment therefor, by the industrial concern.
No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the sewage works. Any person violating this provision shall be subject to immediate arrest.
The Plumbing Inspector and other duly authorized personnel of the Village bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter. The Plumbing Inspector or his or her representative shall have no authority to inquire into any processes, including metallurgical, chemical, oil, refining, ceramic, paper or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.
While performing the necessary work on private properties referred to in § 180-60, the Plumbing Inspector or duly authorized personnel of the Village shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the Village personnel, and the Village shall indemnify the company against loss or damage to its property by Village personnel and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by the negligence or failure of the company to maintain safe conditions as required in §§ 180-55 and 180-56.
The Plumbing Inspector and other duly authorized personnel of the Village bearing proper credentials and identification shall be permitted to enter all private properties through which the Village holds a duly negotiated easement for the purpose including but not limited to inspection, observation, measurement, sampling, repair, replacement, improvement and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private properties involved.
A. 
Violation of § 180-59. Any person who shall violate any provision of § 180-59 shall be guilty of an offense and, on conviction thereof, shall be punished as provided in Chapter 1, General Provisions, Article III, of the Village Code.
B. 
Written notice of violation. Any person found to be violating any provision of the foregoing sections of this article except § 180-59 shall be served by the Village with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
C. 
Continued violation. Any person who shall continue any violation beyond the time limit set forth in the notice provided for in Subsection B herein shall be guilty of an offense and, on conviction thereof, shall be punished as provided in Chapter 1, General Provisions, Article III, of the Village Code.
D. 
Civil liability. Any person violating any of the foregoing provisions of this article shall become liable to the Village for any expense, loss or damage occasioned the the Village by reason of such violation.
The Village Board of Trustees shall constitute a Hearing Board as needed to arbitrate the differences between the Plumbing Inspector (and/or the Superintendent of Sewers) and sewer users on matters concerning interpretation and provisions of this article by said Plumbing Inspector and/or Superintendent of Sewers.
The Village Board acting as a Hearing Board shall employ or appoint such consultants as may be needed to assist it in making its decisions.
The cost of arbitration shall be divided equally between the municipality and the sewer user.
There is hereby established in the Village of Millbrook a scale of rents to be called "sewer rents," the revenues from which shall be used for financing and maintaining sewage collection and treatment facilities. The funds derived from these charges shall be used for all municipal expenses associated with design, engineering, construction, improving or maintaining a sewerage system, including engineering, planning, construction, reconstruction of sewers and sewage treatment works and all necessary appurtenances thereto, including pump stations, extension, enlargement, replacement or additions to the sanitary or stormwater sewer system, separation of sanitary and stormwater sewers or the preliminary or other studies and surveys relative thereto and from the acquisition of land or rights-of-way for any of the capital improvements.
[1]
Editor's Note: See also Art. I of this chapter.
A. 
In addition to any and all other fees and charges provided by law, the owner of any parcel of real property connected to the public sewer system, or any part or portion thereof, of the Village of Millbrook, shall pay a sewer rent for the use of such sanitary sewer system.
B. 
Real property receiving sewer services from the public sewer system of the Village of Millbrook, but located outside of the corporate limits of the Village, shall be charged and shall be obligated to pay an amount equal to the sewer rents that would have been levied against the real property if it had been located within the Village.
C. 
The sewer rental charge shall be on an ad valorem basis. The Village Board of Trustees reserves the right to change the stated charge in accordance with the requirements of this section.
D. 
There shall be no sewer rental charge to any parcel of real property located within the Village of Millbrook which is not connected to the Village of Millbrook public sewer system.
A. 
The amount of the sewer rent due each quarter shall be added to the regular water bill.
B. 
All sewer rents shall be due and payable at the same time water bills are due and payable.
C. 
All unpaid sewer rents shall be a lien on the real property where the water is used and may be included in the general Village tax roll and enforced in the same manner as the Village real estate tax.
D. 
All users of the sanitary sewer system that are outside of the incorporated limits of the Village of Millbrook will enter into a contractual agreement with said Village which shall set forth the method of collection of past-due sewer rents and the possible cessation of services for nonpayment of bills.
A sewer benefit assessment has been established by The Village of Millbrook. The Village Board determines the benefit assessment amount for each property connected to the Village sewer system and charges an annual fee, to be paid by those property owners, based on the benefit assessment. The sewer benefit assessment is levied on all properties connected to the Village sewer system. The charge is included in the annual Village property tax bill for those properties located within the Village. Those properties connected to the Village sewer system but located in the Town of Washington outside the Village are sent an annual bill for such sewer benefit assessment charge. The funds raised through the sewer benefit assessments are used to cover the bonded indebtedness and capital improvements at the sewer treatment plant.
All sums charged for the use of sewers shall be collected in the same manner used for the collection of water bills, including penalties and shutting off water for nonpayment of either water or use of sewers.