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Town of Poughkeepsie, NY
Dutchess County
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Table of Contents
Table of Contents
A. 
Unless the context specifically indicates otherwise, the meaning of terms used in this Article shall be as follows:
AREA
the Fourth Ward Sewer Improvement Area of the Town of Poughkeepsie, County of Dutchess, New York.
[Added 1-21-1981]
BOD (Denoting "biochemical oxygen demand")
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure for five days at 20° 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 pipe inside the walls of the building and conveys it to the building sewer beginning five feet outside the inner face of the building wall.
BUILDING SEWER
The extension from the building drain to the public sewer or to an existing extension from a public sewer when available.
COOLING WATER
The water discharges from any system of condensation, air conditioning, cooling, refrigeration or other, but which shall by free from odor and oil. It shall contain no pollution substances which would produce BOD or suspended solids each in excess of 10 parts per million by weight.
GARBAGE
Solid wastes from the preparation, cooking and dispensing of food and from handling, storage and sale of produce.
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 groundwater.
NORMAL SEWAGE
Shall be regarded as normal for the Town if analyses show, by weight, a daily average of not more than 300 parts per million of suspended solids, not more than 240 parts per million of BOD and not more than 50 parts per million of either soluble matter (grease or oil) each per million gallons of daily flow.
PERSON, ENTERPRISE, ESTABLISHMENT or OWNER
Any individual, firm, company, association, society, corporation or group using the sewage works or sewerage system.
pH
The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution. It is used to indicate the concentration of free acid and free alkali.
PROPERLY SHREDDED GARBAGE
The garbage that has 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 SEWAGE
Sewage discharging from the sanitary conveniences of dwellings (including apartment houses and hotels), office buildings, factories or institutions and free from storm- and surface waters and industrial wastes.
SEWAGE
A combination of water-carried wastes from residences, buildings, institutions and industrial establishments, together with such ground, surface and stormwaters as may be present.
SEWAGE TREATMENT PLANT
Any arrangement of devices and structures for treating sewage.
SEWAGE WORKS or SEWERAGE SYSTEM
All facilities for collecting, pumping, treating and disposing of sewage.
SEWER
A pipe or conduit for carrying sewage and to which storm, surface and groundwaters are not intentionally admitted.
SLUDGE
Any water or waste exceeding a concentration greater than five times the "normal sewage" and which is discharged continually for a period longer than 15 minutes.
STORM SEWER or STORM DRAIN
A pipe or conduit which carries storm- and surface water and drainage, but excludes sewage and industrial wastes. It may, however, carry cooling water or other unpolluted waters.
SUBDIVISION
The division of any parcel of land into two or more lots, plots, sites or other divisions of land for immediate or future sale for building development in such a way as to create one or more new streets.
SUPERINTENDENT
The head of the department of water pollution control of the Town of Poughkeepsie or his authorized deputy or any other person so designated by the Town Board.
SUSPENDED SOLIDS
Solids that either float on the surface of or in suspension of water, sewage or other liquids and which are removable by laboratory filtration.
UNPOLLUTED WATER or WASTE
Any water or waste containing none of the following: Free of emulsified grease or oil; acid or alkali; phenols or other substances imparting taste or odor in receiving water; toxic or poisonous substances in suspension, colloidal state or solution; and noxious or odorous gases. It shall contain not more than 10,000 parts per million by weight of dissolved solids, of which not more than 2,500 parts per million shall be as chloride with permissible volumes subject to review by the Superintendent, and not more than 10 parts per million each of suspended solids and BOD. The color shall not exceed 50 parts per million.
WATERCOURSE
A channel in which a flow of water occurs, either continuously or intermittently.
B. 
"Shall" is mandatory; "may" is permissive.
A. 
It shall be unlawful to place, deposit or permit deposit in an unsanitary manner upon public or private property within Fourth Ward Sewer Improvement Area of the Town of Poughkeepsie, Dutchess County, any human or animal excrement, garbage or other objectionable waste.
B. 
It shall be unlawful to discharge to any natural outlet within the Fourth Ward Sewer Improvement Area of the Town of Poughkeepsie, or in any area under the jurisdiction of said Fourth Ward Sewer Improvement Area, any sanitary sewage, industrial wastes or other polluted wastes, except where suitable treatment has been provided in accordance with the subsequent provisions of this Article, the Public Health Law and regulations of the New York State Department of Environmental Conservation and the Dutchess County Health Department.
C. 
So far as is practicable, industrial waste shall be discharged into the Fourth Ward Sewer Improvement Area's sewer system with or without pretreatment provided the consent of the Superintendent is first obtained and the rules, regulations and standards hereinafter prescribed are complied with in the judgment of the Superintendent.
[Amended 1-21-1981]
D. 
Written approval by the Superintendent is required for all new discharges of industrial wastes after the effective date of this Article. These shall include all wastes in which the quantity, temperature or chemical characteristics are altered in operation procedures and equipment changes.
E. 
The discharge of industrial cooling water to the area's sewer system is not permitted except by specific approval of the Town Board.
[Amended 1-21-1981]
F. 
Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tanks, cesspool or other facility intended or used for the disposal of sewage.
G. 
The owner of all houses, buildings or property used for human occupancy, employment, recreation or other similar purposes, situated within the area 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 for the area is hereby required, at his expense, to install suitable toilets and facilities therein and to connect such facilities directly with the proper public sewer in accordance with the provisions of this Article within 30 days after the date of official notice to do so, provided that said public sewer is within 300 feet of the property line. Such notice shall be given only when it shall be necessary to eliminate a public health hazard or to promote a highway improvement program.
[Amended 1-21-1981]
H. 
No portion of this Article shall be construed to interfere with or modify the requirements of design, inspection and approval which are imposed by the appropriate health officials and the State Department of Environmental Conservation.
A. 
Where a public sanitary sewer system is not available under the provisions of § 168-22.2G, the building drain shall be connected to a private subsurface disposal system complying with the provisions of the Article.
B. 
The type of the private sewage disposal system shall comply with all requirements of the Dutchess County Health Department and the Fourth Ward Sewer Improvement Area.
C. 
At such times as a public sewer system becomes available to a property served by a private sewage disposal system as provided in § 168-22.2G, a direct connection shall be made to the public sewer in compliance with this Article within 30 days after the date of official notice to do so. Such notice shall be given only when it shall be necessary to eliminate a public health hazard.
D. 
Before commencement and construction of a private sewage disposal system, the owner shall first obtain written consent of the Superintendent to make application to the County Health Department for approval of plans and specifications for such private sewage disposal system. All rules and regulations of the County Health Department shall be complied with.
E. 
The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times and at no expense to the town.
F. 
No statement contained in this Article shall be construed to interfere or conflict with any additional requirements that may be imposed by the Dutchess County Health Department.
A. 
No person shall uncover, make any connection with or opening into or use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Superintendent in accordance with the regulations established by the area.
B. 
Classes.
(1) 
There shall be two classes of building sewer permits: Class 1, for residential and Class 2, for establishments producing commercial or industrial wastes. In either class, the owner or his agent, shall make application on a special form furnished by the area. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Superintendent.
(2) 
No permit shall be granted unless accompanied by a fee as set by the Town Board.
(3) 
These plans, descriptions and specifications must conform to all the provisions of this Article and to all the rules and regulations which are or may hereafter be made concerning such work and no work may begin until the plans have been filed and the permit issued by the Plumbing Inspector.
C. 
All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner of the property being served. The owner shall indemnify the area for any loss or damage that may directly be caused by installation of the building sewer.
D. 
A separate independent building sewer shall be provided for every building except where one building stands at the rear of another on an interior lot and no sewer is available or can be constructed to the rear building through an adjoining alley, courtyard or driveway. Under such conditions, the building sewer from the front building may be extended to the rear building. In such a case the assessor may assess each building separately for purposes of applying the benefit assessment and separate sewer rents may be applied.
E. 
Old building sewers may be used in connection with new buildings only when they are found on examination and test by the Superintendent to meet all requirements of this Article.
F. 
The building sewers shall be constructed in accordance with the applicable portions of requirements and specifications of the area and the Town Plumbing Code.[1]
[1]
Editor's Note: See Ch. 154, Plumbing.
G. 
All excavations for building sewer installations shall be adequately guarded with barricades and lights, so as to protect the public from hazard. Streets, sidewalks and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the area. All necessary permits for the opening of the state, county and Town roads shall be obtained from the respective highway department in advance of the issuance of any sewer permit.
H. 
Building sewers shall be serviced and repaired at the expense of the owner of the property being served up to a point including the connection to the "public sewer."
I. 
No one but persons duly authorized by the Town of Poughkeepsie will be allowed to make connection to the public sewers.
J. 
No portion of this Article shall be construed to interfere with or modify the requirements of design, inspection and approval which are imposed by the Town of Poughkeepsie Plumbing Code.[2]
[2]
Editor's Note: See Ch. 154, Plumbing.
A. 
No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, cooling water or other unpolluted waters to any sanitary sewer.
B. 
Stormwater and all other unpolluted drainage shall be discharged to such storm sewers specifically designated or to a natural outlet approved by the Superintendent. Industrial cooling water or unpolluted process water may be discharged upon approval to a natural outlet or to a storm sewer by concurrent approval of the Superintendent of highways.
C. 
Except as hereinafter provided, no person shall discharge or cause to be discharged, any of the following waters or wastes to any public sewer:
[Amended 1-21-1981]
(1) 
Any liquid or vapor having a temperature higher than 120° F.
(2) 
Any water or waste which contains grease or oil or other substance which would solidify or become discernibly viscous at temperatures between 32° and 150° F.
(3) 
Any water or wastes containing emulsified oil and grease, exceeding, on analysis, an average of 50 parts per million of either soluble material.
(4) 
Any gasoline, benzine, naphtha, fuel oil or mineral oil or other flammable or explosive liquid, solid or gas.
(5) 
Any water or wastes which contain more than two parts per million of the following gases: Hydrogen sulfide, sulfur dioxide or oxides of nitrogen.
(6) 
Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rubber, rags, feathers, tar, fleshings, entrails, lime slurry, lime residues, beer or distillery slops, chemicals or residues, paint residues, cannery waste, bulk solids or any solid or viscous substance capable of causing obstruction to the flow of sewers or other interference with the proper operation of sewage works.
(7) 
Any water or wastes containing phenols in such quantities that the aggregate of contributions throughout the area of service creates treatment difficulties or produces a plant effluent which may be unsatisfactory.
(8) 
Any waters or wastes, acid or alkaline in reaction and having corrosive properties capable of causing damage or hazards to structures, equipment or personnel of the sewage works. Free acids and alkali of such wastes must be neutralized at all times within a permissible range of pH between 6.5 and 9.5.
(9) 
Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment processes, constitute a hazard to humans or animals or create any hazard in the receiving waters or stormwater overflows or the effluent of the sewage treatment plant. Material such as copper, zinc, chromium and similar toxic substances shall be limited to the following average quantities in the sewage as it arrives at the treatment plant:
Substance
Parts per Million
Iron as Fe
5
Chromium as Cr
5
Nickel as Ni
1
Copper as Cu
1
Cadmium as Cd
3
Zinc as Zn
3
At no time shall the hourly concentration be three times the average concentration and with contributions from individual establishments subject to control in volume and concentration by the Superintendent.
(10) 
Any cyanides in excess of two parts per million by weight as Cn in the wastes from any outlet into the public sewers.
(11) 
Any water or wastes containing the discharge of strong acid, iron, pickling wastes or concentrated plating solutions whether neutralized or not.
(12) 
Any water containing suspended solids of such character and quantity that unusual provision, attention or expense is required to handle such materials at the sewage treatment plant.
(13) 
Any noxious or malodorous gas or substance which, either singly or by interaction with any waste, is capable of creating a hazard or menace to life or property or of preventing entry into sewers for their maintenance and repair.
(14) 
Any radioactive substances without special permit.
(15) 
Any waters or wastes that for a duration of 15 minutes have a concentration greater than five times that of normal sewage as measured by suspended solids and BOD.
(16) 
Any concentrated dye wastes, spent tanning solutions or other wastes which are highly colored or wastes which are of unusual volume, concentration of solids or composition, as for example:
(a) 
Total suspended solids of inert nature (such as Fuller's earth); and/or
(b) 
Total dissolved solids (such as sodium chloride, calcium chloride or sodium sulfate); or
(c) 
Unusual in BOD.
(17) 
Any waters or wastes which by interaction with other water or wastes in the public sewer system, release obnoxious gases or develop color of undesirable intensity or form suspended solids in objectionable concentration or create any other conditions deleterious to structures and treatment processes.
D. 
Notwithstanding the provisions of § 168-22.5C, any discharge into the public sewer of wastes with a concentration of suspended solids, BOD or grease, that causes at the sewage works a monthly increase in the average daily analysis of any of these constituents in excess of 2% of the annual daily average for the previous year is prohibited.
E. 
Grease, oil and sand interceptors shall be provided when in the opinion of the Superintendent, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any inflammable 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 the type and capacity and approved by the Superintendent 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 removable covers which, when mounted in place, shall be gastight and watertight.
F. 
All grease, oil and sand interceptors shall be maintained by the owner at his expense in continuous efficient operation at all times.
G. 
The admission into the public sewers of any waters or wastes or wastes having the following characteristics shall be prohibited:
[Amended 10-3-1979]
(1) 
A BOD of more than 240 parts per million;
(2) 
A suspended solids content greater than 300 parts per million;
(3) 
A quantity of substances having the characteristics described in Subsection C of this section; or
(4) 
An average flow greater than 10,000 gallons per day and shall be subject to review and approval by the Superintendent. Where necessary, in the opinion of the Superintendent, the owner shall provide, at his expense, such preliminary treatment as may be necessary to:
(a) 
Reduce the BOD to 240 parts per million and the suspended solids to 300 parts per million;
(b) 
Reduce objectionable characteristics or constituents to within the maximum limits which are provided for in Subsection C of this section; or
(c) 
Control the quantities and rates of such discharge of waters and wastes.
(d) 
Plans, specifications and any other pertinent information related to the proposed preliminary treatment facilities shall be submitted for approval of the Superintendent and the New York State Department of Environmental Conservation. No construction of such facilities shall be commenced until said approvals are obtained in writing.
H. 
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 and shall be subject to the periodic inspection by the Superintendent. They shall be the type and capacity approved by the Superintendent and must produce an effluent conforming to the provisions of this Article. The owner shall maintain operating records and shall submit to the Superintendent a monthly summary report of the character of the influent and effluent as may be prescribed by the Superintendent to show satisfactory performance of the treatment facilities.
I. 
Any approval of the Superintendent of a type, kind or capacity of any installation shall not relieve the owner of the responsibility of revamping, enlarging or otherwise modifying an installation if it is found inadequate to accomplish the intended purpose.
J. 
All measures, tests and analyses of the characteristics of waters and wastes to which reference is made herein, shall be determined in accordance with "Standard Methods for the Examination of Water and Sewage" and shall be determined at a control manhole provided for herein where suitable samples shall be taken. In the event that no manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer from the point at which the building sewer is connected.
K. 
When required by the Superintendent, 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 observations, sampling and measurement of the wastes. Such manhole when constructed shall be accessibly located and shall be constructed in accordance with plans approved by the Superintendent. The manhole shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times.
L. 
No statement contained in this Article shall be construed as preventing any special agreement or arrangement between the area and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the area for treatment subject to payment therefor by the industrial concern.
[Amended 1-21-1981]
No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is part of the public sewage works. Any person violating these provisions shall be subject to immediate arrest under charges of disorderly conduct.
[1]
Editor's Note: Former § 168-22.7, Fees, as amended, was repealed 12-17-1997 by L.L. No. 35-1997. See now Part 1, Article I, of this chapter.
[Amended 1-21-1981]
The Superintendent and other duly authorized employees of the area bearing proper credentials and identification shall be permitted to enter upon all property for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this Article.
A. 
Any person found to be violating any provision of these rules, regulations and ordinances except § 168-22.6 shall be served by the area with written notice stating the nature of the violation and providing a reasonable time limit as determined by the Town Board for the satisfactory correction thereof. The offender shall, within the period of time in such notice, cease all violations.
B. 
Any person who shall continue any violation beyond the time limit provided for in Subsection A of this section shall be guilty of a misdemeanor and upon conviction thereof, be fined in an amount not exceeding $200 for each violation or be sentenced to imprisonment for a term not exceeding 90 days or both. Each day in which any such violation shall continue beyond the time limit provided shall be deemed a separate violation.
C. 
Any person violating any provisions of this Article shall become liable to the area for any expense, loss or damage caused to the area by reason of such violation.
A. 
The plumbing board of the Town of Poughkeepsie, established and created by ordinance adopted by the Town Board of the Town of Poughkeepsie on July 12, 1950 and as amended, is hereby continued. Nothing in this Article shall be deemed to limit any of the statutory powers granted to the plumbing board of the Town of Poughkeepsie in said ordinance, adopted pursuant to Article 9 of the Town Law.
B. 
Any person violating any of the provisions of these rules, regulations and ordinances, shall become liable to the municipality for any expense, loss or damage occasioned said municipality by reason of such violation.
C. 
Rules, regulations and ordinances or parts of rules, regulations and ordinances in conflict herewith are hereby superseded, except as hereinbefore provided.
D. 
The invalidity of any section, clause, sentence or provision of these rules, regulations and ordinances shall not affect the validity of any part thereof which can be given effect without such invalid part or parts.
E. 
It is not intended by these rules, regulations and ordinances, to repeal by implication any existing or future rules or regulations of the Dutchess County Health Department.
[Amended 1-21-1981]
This Article and these rules and regulations shall be effective immediately upon being approved or adopted by the Town Board of the Town of Poughkeepsie and published pursuant to the provisions of the Town Law.