[Added 6-17-1987]
A.
BOD (denoting "biochemical oxygen demand")
BUILDING DRAIN
BUILDING SEWER
COOLING WATER
ENGINEER
GARBAGE
INDUSTRIAL WASTES
NATURAL OUTLET
NORMAL SEWAGE
PERSON
pH
PROPERLY SHREDDED GARBAGE
PUBLIC SEWER
SANITARY SEWER
SEWER
SLUG
STORM DRAIN (SOMETIMES TERMED "STORM SEWER")
SUBDIVISION
SUPERINTENDENT
SUSPENDED SOLIDS
TOWN
UNPOLLUTED WATER or WASTE
VILLAGE
WASTEWATER, SOMETIMES CALLED SEWAGE
WASTEWATER, DOMESTIC
WASTEWATER FACILITIES (SOMETIMES CALLED "SEWAGE WORKS")
WASTEWATER, SANITARY (sometimes called "sanitary sewage")
(1)
(2)
(3)
WASTEWATER TREATMENT WORKS (formerly "sewerage treatment plant")
WATERCOURSE
Unless the context specifically indicates otherwise,
the meaning of terms used in this Article shall be as follows:
The quantity utilized in the biochemical oxidation of organic
matter under standard laboratory procedure in five days at 20°
expressed in milligrams per liter.
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 five feet (1.5 meters) outside the inner face of the building
wall.
The extension from the building drain to the public sewer
or other place of disposal.
The water discharged from any system of condensation, air
conditioning, cooling, refrigeration or other, but which shall be
free from odor and oil. It shall contain no polluting substances which
could produce BOD or suspended solids, each in excess of 10 parts
per million by weight.
The engineer to the Tri-Municipal Sewer Commission or the
engineer to specific sewer districts, sewer improvement areas or other
municipal systems of the Town of Poughkeepsie or the Village of Wappingers
Falls.
Solid wastes from the domestic and commercial preparation,
cooking and dispensing of feed and from the handling, store and sale
of produce.
The liquid wastes from industrial manufacturing processes,
trade or business as distinct from sanitary sewage.
Any outlet into a watercourse, pond, ditch, lake or other
body of surface or groundwater.
Be regarded as normal for the Town and the village if analysis
shows, 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.
Any individual, firm, company, association, society, corporation
or group.
The logarithm of the reciprocal of the weight of hydrogen
ions in grams per liter of solution.
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 (1.2 centimeters)
in any dimension.
A sewer in which all owners of abutting properties shall
have equal rights and is controlled by public authority.
A sewer which carries sewage and to which storm-, surface
and groundwaters are not intentionally admitted.
A pipe or conduit for carrying wastewater (sewage).
Any discharge of water, wastewater 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 24 hour concentration of flows during normal operation.
A sewer which carries storm- and surface waters and drainage,
but excludes wastewater and industrial wastes, other than unpolluted
cooling water.
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.
The Superintendent of wastewater facilities of the Town of
Poughkeepsie or Village of Wappingers Falls or the authorized deputy
or agent of the Tri-Municipal Sewer Commission.
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.
The Town of Poughkeepsie, Dutchess County, N.Y.
Any water or waste containing none of the following: Free
or emulsified grease or oil, acid or alkali, phenols or other substances
imparting taste or odor in receiving waters; toxic or poisonous substances
in suspension, colloidal state or solution; 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 chlorides with permissible volumes subject to review by
the engineer and not more than 10 parts per million each of suspended
solids and BOD. The color shall not exceed 50 parts per million.
The Village of Wappingers Falls, Dutchess County, New York.
The spent water of a community. From the standpoint of source,
it may be a combination of the liquid and water-carried wastes from
residences, commercial buildings, industrial plants and institutions,
together with any groundwater, surface water and stormwater that may
be present.
Wastewater derived principally from dwellings, office buildings,
institutions and the like. It may or may not contain groundwater,
surface water or stormwater.
The structures, equipment and process that collect, carry
away and treat domestic and industrial wastes and dispose of the effluent.
Domestic wastewater with storm- and surface
water excluded.
Wastewater discharging from the sanitary fixtures
of dwellings (including apartment houses and hotels), office buildings,
industrial plants or institutions.
The water supply of a community after it has
been used and discharged into a sewer.
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 for any person to place, deposit
or permit to be deposited in any unsanitary manner on public or private
property within the Tri-Municipal Sewer Improvement Area of the Town
of Poughkeepsie and/or Village of Wappingers Falls or in any area
under the jurisdiction of said Tri-Municipal Sewer Improvement Area
of the Town and/or village, any human or animal excrement, garbage
or other objectionable waste.
B.
It shall be unlawful to discharge to any natural outlet
within the Tri-Municipal Sewer Improvement Area of the Town of Poughkeepsie
and/or the Village of Wappingers Falls or in any area under the jurisdiction
of the Tri-Municipal Sewer Improvement Area of the said Town or village,
any wastewater or other polluted waters, except where suitable treatment
has been provided in accordance with subsequent provisions of this
Article, regulations of the New York State Department of Environmental
Conservation and the Dutchess County Health Department.
C.
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 wastewater.
D.
So far as is practicable, industrial waste shall be
discharged into the Tri-Municipal Sewer Improvement Area of the town's
and village's sewer systems with or without pretreatment provided
the consent of the engineer is first obtained and the rules, regulations
and standards hereinafter prescribed are complied with, in the judgment
of the engineer.
E.
Written approval by the engineer 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.
F.
The discharge of industrial cooling water to the Tri-Municipal
Sewer Improvement Area of the town's or village's sewer system is
not permitted except by specific written approval by the engineer.
G.
The owners of property being developed as a subdivision
having plot sizes of less than one acre per dwelling unit or being
in a legal sewer district, sewer improvement area or other municipal
sewer system, shall construct such sewers and appurtenances thereto
as are shown on the map or lot and the plans, profiles and drawings
accompanying said plot, approved by the Dutchess County Health Department
and the engineer and filed in the office of the planning board of
the Town and/or village. Such sewers shall be constructed in accordance
with the specifications contained in or referred to in the rules and
regulations of the said planning board, the Dutchess County Health
Department and the Town or village. The plans, drawings and design
shall be approved by the engineer.
H.
The owners of property being developed into multiple
dwellings, commercial installations, industrial sites, public gathering
places, schools and offices shall construct such building drains and
building sewers as shown on the map or plat, approved by the Dutchess
County Health Department and the engineer and conforming to the requirements
and specifications of the Town and/or village.
I.
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
of New York Department of Environmental Conservation and County Health
Department.
A.
Where a public sanitary sewer is not available under the provisions of § 168-24D, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of this Article.
B.
Before commencement of construction of a private wastewater
disposal system, the owner shall first obtain a written permit signed
by the Superintendent. The application for such permit shall be made
on a form furnished by the Town and/or village, which the applicant
shall supplement by any plans, specifications and other information
as are deemed necessary by the Superintendent. A permit and inspection
fee of $25 shall be paid to the Town and/or village at the same time
the application is filed.
C.
A permit for a private wastewater disposal system
shall not become effective until the installation is completed to
the satisfaction of the Superintendent. He shall be allowed to inspect
the work at any state of construction and, in any event, the applicant
for the permit shall notify the Superintendent when the work is ready
for final inspection and before any underground portions are covered.
The inspection shall be made within 48 hours of the receipt of notice
by the Superintendent.
D.
The type, capacities, location and layout of a private
wastewater disposal system shall comply with all recommendations of
the Department of Public Health of the State of New York. No septic
tank or cesspool shall be permitted to discharge to any natural outlet.
E.
At such time as a public sewer becomes available to a property served by a private wastewater disposal system, as provided in § 168-24A, a direct connection shall be made to the public sewer in compliance with this Article and any septic tanks, cesspools and similar private wastewater disposal facilities shall be abandoned and filled with suitable material.
F.
The owner shall operate and maintain the private wastewater
disposal facilities in a sanitary manner at all times, at no expense
to the Town and or village.
G.
No statement contained in this Article shall be construed
to interfere with any additional requirements that may be imposed
by the Health Officer.
H.
When a public sewer becomes available, the building
sewer shall be connected to said sewer within 60 days and the private
wastewater shall be cleaned of sludge and filled with clean bank-run-gravel
or dirt.
A.
No unauthorized person shall uncover, make any connections
with or opening into, use, alter or disturb any public sewer or appurtenance
thereof without first obtaining a written permit from the Superintendent.
B.
Classes.
(2)
In either case, the owner or his agent shall make
application on a special form furnished by the Town and/or the village.
The permit application shall be supplemented by any plans, specifications
or other information considered pertinent in the judgment of the Superintendent.
A permit and inspection fee of $25 for a residential or commercial
building sewer permit shall be paid to the Town and/or village at
the time the application is filed. A permit and inspection fee of
$100 for an industrial permit shall be paid to the Town and/or village
at the time the application is filed.[1]
[1]
Editor's Note: Pursuant to L.L. 13-2021, adopted 11-3-2021,
effective 1-1-2022, all fees will be in a Fee Schedule maintained
in the Town offices, which fees may be amended from time to time by
resolution.
C.
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 Town and/or village from any loss or
damage that may directly or indirectly be occasioned by the installation
of the building sewer.
D.
A separate and independent building sewer shall be
provided for every building; except when 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.
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 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 back-filling the trench, shall
all conform to the requirements of the Building and Plumbing Code[2] and other applicable rules and regulations of the Town
and/or village. In the absence of Code provisions or in amplification
thereof, all materials and procedures set forth in appropriate specifications
of the ASTM and WPCF Manual of Practice No. 9 shall apply.
G.
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 wastewater carried by such building drain shall
be lifted by an approved means discharged to the building sewer.
H.
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.
I.
The connection of the building sewer into the public
sewer shall conform to the requirements of the Building and Plumbing
Code[3] or other applicable rules and regulations of the Town
and/or the village or the procedures set forth in appropriate specifications
of the ASTM and the WPCF Manual of Practice No. 9. All such connections
shall be made gastight and watertight. Any deviation from the prescribed
procedures and materials must be approved by the Superintendent before
installation.
J.
The applicant for the building sewer permit shall
notify the 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 Superintendent or his representative.
K.
All excavations for building sewer installations shall
be adequately guarded with barricades and lights so as to protect
the public from hazard. Streets, sidewalks, parkways and other public
property disturbed in the course of the work shall be restored in
a manner satisfactory to the Town and/or 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.
B.
Stormwater and all other polluted drainage shall be
discharged to such sewers as are specifically designated as storm
sewers or to a natural outlet approved by the Superintendent. Industrial
cooling water or unpolluted process waters may be discharged, on approval
of the Superintendent, to a storm sewer, combined sewer or natural
outlet.
C.
No person shall discharge or cause to be discharged
any of the following described waters or wastes to any public sewer:
(1)
Any gasoline benzene, naphtha, fuel oil or other flammable
or explosive liquid, solid or gas.
(2)
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
wastewater treatment process, constitute a hazard to humans or animals,
create a public nuisance or create any hazard in the receiving waters
of the wastewater treatment plant, including but not limited to cyanides
in excess of two milligrams per liter (mg/l) as Cn in the wastes as
discharged to the public sewer.
(3)
Any waters or wastes having a pH lower than 5.5 or
having any other corrosive property capable of causing damage or hazard
to structures, equipment and personnel of the wastewater facilities.
(4)
Solid or viscous substances in quantities or of such
size capable of causing obstruction to the flow in sewers or other
interferences with the proper operations of the wastewater facilities
such as, but not limited to, ashes, cinders, sand, mud, straw, shavings,
metal, glass, rags, feathers, tar, plastic, 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.
D.
No person shall discharge or cause to be discharged
the following described substances, materials, water or wastes if
it appears likely in the opinion of the Superintendent that such wastes
can harm either the sewers, wastewater 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 his
opinion as to the acceptability of these wastes, the Superintendent
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 wastewater treatment
process, capability of the wastewater treatment plant, degree of treatability
of wastes in the wastewater treatment plant and other pertinent factors.
The substances prohibited are:
(1)
Any liquid or vapor having a temperature higher than
150° F. (65° C.).
(2)
Any water or waste containing fats, wax, grease or
oils, whether emulsified or not, in excess of 100 mg/l or containing
substances which may solidify or become viscous at temperatures between
32° and 150° F. (0° and 65° C.).
(3)
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 hp metric) or greater shall be subject
to the review and approval of the Superintendent.
(4)
Any waters or wastes containing strong acid iron pickling
wastes or concentrated plating solutions whether neutralized or not.
(5)
Any waters or wastes containing iron, chromium, copper,
zinc and similar objectionable toxic substances; or wastes exerting
an excessive chlorine requirement, to such degree that any such material
received in the composite sewage at the wastewater treatment works
exceeds the limits established by the Superintendent for such materials.
(6)
Any waters or wastes containing phenols or other taste-
or odor-producing substances, in such concentrations exceeding limits
which may be established by the Superintendent 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.
(7)
Any radioactive wastes or isotopes of such half-life
or concentration as may exceed limits established by the Superintendent
in compliance with applicable state or federal regulations.
(8)
Any waters or wastes having a pH in excess of 9.5.
(9)
Materials which exert or cause:
(a)
Unusual concentrations of inert suspended solids
(such as, but not limited to, Fullers earth, lime residues) or of
dissolved solids (such as, but not limited to, sodium chloride and
sodium sulfate).
(b)
Excessive discoloration (such as, but not limited
to, dye wastes and vegetable tanning solutions).
(c)
Unusual BOD chemical oxygen demand or chlorine
requirements in such quantities as to constitute a significant load
on the wastewater treatment works.
(d)
Unusual volume of flow or concentration of wastes
constituting "slugs" as defined herein.
(10)
Waters or wastes containing substances which
are not amenable to treatment or reduction by the wastewater treatment
processes employed or are amenable to treatment only to such degree
that the wastewater treatment plant effluent cannot meet the requirements
of other agencies having jurisdiction over discharge to the receiving
waters.
E.
Action by Superintendent.
(1)
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 Subsection D of this section and which in the judgment of the Superintendent, may have a deleterious effect upon the wastewater treatment works, processes, equipment or receiving waters or which otherwise create a hazard to life or constitute a public nuisance, the Superintendent may:
(2)
If the Superintendent 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 Superintendent
and subject to the requirements of all applicable codes, ordinances
and laws.
F.
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 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 Superintendent and shall be located as to
be readily and easily accessible for cleaning and inspection.
G.
Where preliminary treatment of 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 expense.
H.
When required by the Superintendent, the owner of
the 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 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.
I.
All measurements, tests and analysis of the characteristics
of waters and wastes to which reference is made in this Article 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 downstreet manhole in the public
sewer to the point at which the building sewer is connected. Sampling
shall be carried out by customarily accepted methods to reflect the
effects of constituents upon the wastewater treatment works and to
determine the existence of hazards to life, limb and property. (The
particular analysis 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 pH's are determined from periodic
grab samples.
J.
No statement contained in this Article shall be construed
as preventing any special agreement or arrangement between the Town
and/or village and any industrial concern whereby an industrial waste
of unusual strength of character may be accepted by the Town and/or
village for treatment, subject to payment therefor, by the industrial
concern.
No person shall maliciously, willfully or negligently
break, damage, destroy, uncover, deface or tamper with any structure,
appurtenance or equipment which is a part of the wastewater treatment
works. Any person violating this provision shall be subject to immediate
arrest under charge of disorderly conduct.
A.
The Superintendent and other duly authorized employees
of the Town and/or 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 Article.
B.
The Superintendent and other duly authorized employees
of the Town and/or village bearing proper credentials and identification
shall be permitted to enter all private properties through which the
Town and/or village holds a duly negotiated easement for the purposes
of, but not limited to, inspection, observation, measurement, sampling,
repair and maintenance of any portion of all wastewater treatment
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 property
involved.
A.
Any person found to be violating any provision of this Article, except § 168-28, shall be guilty of a misdemeanor and on conviction thereof shall be fined in an amount not exceeding $1,000 and/or a sentence or imprisonment not to exceed one year. Each day in which any such violation shall continue shall be deemed a separate offense.
B.
Any person violating any of the provisions of this
Article shall become liable to the Town for any expense, loss or damage
occasioned by the Town and/or village by reason of such violation.
C.
Notwithstanding the other sanctions in this section,
the Town may bring proceedings in Supreme Court of the State of New
York to enjoin the continued violation of this Article.
D.
In addition to any other remedies set forth herein authorizing the Town to enforce the provisions of this chapter, establishing penalties, and setting forth additional remedies, the person charged with the responsibility to enforce the provisions of this Part 2 may impose a civil fine or agree to a civil fine not to exceed $1,000 per day for each day of the violation. If said civil fine is imposed, then the alleged violator may appeal to the Town Board.
[Added 6-3-2009 by L.L. No. 22-2009]
A.
The invalidity of any section, clause, sentence or
provision of this Article shall not affect the validity of any other
part of this Article which can be given effect without such valid
part or parts.
B.
This Article shall be in full force and effect from
and after its passage, approval, recording and publication as provided
by law.
A.
All subdivisions within existing sewer districts,
sewer improvement areas or other municipally run sewer systems, shall
provide public sewers, constructed in accordance with the requirements,
standards and specifications of the Town and/or village, at the expense
of the developer.
B.
These sewers shall be connected to a wastewater treatment
plant constructed, owned and operated by the Town and/or village.
The developer shall provide to the Town and/or village, at his expense,
all necessary sewers and rights-of-way, to connect the subdivision
sewers to the wastewater treatment plant.
C.
The fee to accompany the application to the Superintendent
and/or engineer for a permit to construct the sewers shall be the
amount established with the following table. This amount shall cover
the costs of filing and the engineer's review of the plans and specifications
that are submitted and the costs of inspection during the construction.
The engineer shall establish the estimated cost of sewer construction
upon which the fee is based. An application for a permit to construct
public sewers is available from the engineer or his designated representative.[1]
Estimated Sewer Construction Cost
|
Fee Amount
|
---|---|
$0. - $10,000.
|
10% of estimated sewer construction cost
|
$10,000. - $100,000.
|
5.7% of estimated sewer construction cost
|
$100,000. - $1,000,000.
|
4.2% of estimated sewer construction cost
|
Over $1,000,000.
|
To be established by the engineer
|
[1]
Editor's Note: Pursuant to L.L. 13-2021, adopted 11-3-2021,
effective 1-1-2022, all fees will be in a Fee Schedule maintained
in the Town offices, which fees may be amended from time to time by
resolution.
D.
Copies of this article and the specifications governing
public sewer construction, shall be available from the Town and/or
village for a fee of $50. Design criteria will be as required by New
York State Department of Environmental Conservation.