[HISTORY: Adopted by the Town Board of the Town of Wallkill as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Sewer District Capital Reserve Fund — See Ch. 7, Art. I.
Conservation Commission — See Ch. 12.
Mass public assemblies — See Ch. 74.
Building construction — See Ch. 82.
Housing standards — See Ch. 140.
Solid waste — See Ch. 200.
Excavations in streets — See Ch. 205, Art. I.
Water — See Ch. 242.
Sewer specifications — See Ch. A252.
[Adopted 7-9-1964 by L.L. No. 1-1964]
No septic tank, leaching pit, pipe or other means for the disposal or discharge of trade wastes, industrial wastes, sewage, excreta, kitchen wastes, sink wastes or laundry wastes shall be installed anywhere in the Town of Wallkill except as herein provided. No privies shall be permitted except as herein provided.
No installation of any septic tank, leaching pit, pipe or other means for the disposal or discharge of trade wastes, industrial wastes, sewage, excreta, kitchen wastes, sink wastes or laundry wastes shall be begun until a building permit has been obtained from the Town Building Inspector. Any application for a building permit under the Building Code shall include the plans for the sewage disposal system, which plans must be approved by the Building Inspector before the issuance of the building permit.
It shall be the duty of the Building Inspector to enforce the provisions of this article as provided in Chapter 82, Building Construction.
No septic tank, leaching pit or other device for the storage or disposal of human excreta, sewage, trade wastes or industrial wastes shall be installed unless every part of such installation shall be more than 10 feet from the boundary line of the property on which it is located, 10 feet from the foundations of any building and more than 25 feet from any lake, reservoir, stream or watercourse; nor shall any such installation be located closer than 200 feet when on the direct line of drainage, or not less than 75 feet otherwise, from any well, spring or other source of water supply. No sewer line shall pass closer than 25 feet to any well nor 10 feet to any drinking water supply line, and any sewer pipe within 50 feet of any well, spring or pump suction line shall be watertight pipe with lead-caulked or equal approved joints.
No person, firm or corporation, either as owner, lessee or tenant of any property, dwelling, building or place, shall construct or maintain any leaching pit, septic tank, sewage disposal system, pipe or drain so as to expose or discharge the contents or other liquid or matter therefrom to the atmosphere or on the surface of the ground or so as to endanger any source of drinking water; nor shall any such person, firm or corporation discharge into any watercourse, storm drain or body of water any sewage or sewage effluent from a leaching pit, septic tank, sewage disposal system, pipe or drain except as permitted under the provisions of the Public Health Law.
A. 
The water-carriage system is a system of piping through which all sewage and domestic liquid wastes are conveyed by the flow of water from the point of origin in a place of human habitation to the point of disposal.
B. 
All waterborne sewage disposal systems serving fewer than 25 persons shall include a septic tank of durable construction, proper size and design. Sewage disposal systems serving more than 25 persons shall be installed in accordance with requirements of the State Department of Health.
C. 
The plans will be examined on the basis of the sewage flows noted in the following table:
Use
Gallons Per Day
Per Person
Camps
25 — 75
Small dwellings
75
Large dwellings, boarding schools, etc.
75 — 100
Institutions
75 — 125
Day schools
15
Factories
25
D. 
No septic tank shall be installed unless it shall have a net capacity below the flow line of at least 600 gallons and an effective liquid depth of at least four feet. Septic tanks should preferably be rectangular in plan with a length of at least twice and not more than four times the width. A tank of such capacity installed to serve a residence shall be considered adequate for a three-bedroom house, and wherever the population tributary to a septic tank shall exceed six, the capacity of the tank shall be increased by 75 gallons for each person in excess of six or by 150 gallons for each bedroom over three. All such tanks up to eight feet in length shall be of a single-tank design; eight feet or longer, they shall have a partition from 65% to 75% from inlet end; household garbage grinders or kitchen garbage disposal units may be installed upon approval of the Building Inspector. In such cases, the liquid volume of the septic tank shall be increased by 50%.
E. 
Recommended dimensions for required capacities of septic tanks serving individual dwellings:
Number of
Bedrooms
Served
Persons
Inside
Width
Inside
Length
Liquid
Depth
Inside
Depth
Liquid
Volume
(gallons)
2
4
3 ft. 0 in.
6 ft. 8 in.
4 ft. 0 in.
5 ft. 0 in.
600
3
6
3 ft. 0 in.
6 ft. 8 in.
4 ft. 0 in.
5 ft. 0 in.
600
4
8
3 ft. 6. in.
7 ft. 0 in.
4 ft. 0 in.
5 ft. 0 in.
750
5
10
3 ft. 6 in.
7 ft. 9 in.
4 ft. 6 in.
5 ft. 6 in.
900
6
12
4 ft. 0 in.
8 ft. 0 in.
4 ft. 6 in.
5 ft. 6 in.
1,050
F. 
Metal septic tanks are acceptable if they are completely coated inside and outside with a heavy protective coating of material suitable for preserving steel against both septic sewage and moist soil. In the smaller sizes, they shall be 14-gauge or heavier metal and preferably should be made of pure iron or copper-bearing steel. Where the coating of the metal tanks has been damaged, the tank shall not be used unless the coating is restored.
G. 
The septic tank construction shall preferably be of concrete or other suitable material to ensure proper efficiency of the tank. Prefabricated tanks are acceptable, if they embody the recommended features of design and capacity.
H. 
Small septic tanks used for individual residence installations shall have single submerged inlet and outlet connections or single baffle walls at the inlet and outlet ends. The inlet or inlet baffle should extend 12 inches and the outlet or outlet baffles 18 inches to 24 inches below the liquid level, and they shall project not less than six inches above the flow line. Where baffles are used in lieu of the submerged inlet and outlet, they shall be placed approximately 12 inches from the inlet and outlet ends of the tank. The invert of the inlet shall be at an elevation three inches above the invert of the outlet.
I. 
The septic tank slab shall be designed for a dead load of not less than 150 pounds per square foot. When constructed of concrete, the slab shall be reinforced and at least four inches thick. The tank shall have at least two manholes, each having an area of 20 inches square or circular openings of at least 20 inches in diameter.
J. 
Wherever septic tanks are approved for installation to serve business or commercial buildings, a tank of 600 gallons' net capacity shall be considered adequate for 10 employees and shall be increased by 25 gallons for each additional employee.
K. 
Where wastes contain oil, such wastes shall first pass through an approved oil separator (minimum capacity 25 gallons) placed at an easily accessible location.
L. 
Drains through the foundation shall be at least four-inch pipe, as provided and approved for drain lines by the New York State Uniform Fire Prevention and Building Code, Part 903, with suitable tight connections and extended to the installed septic tank. The house sewer shall be vented through the roof with at least a two-inch vent running through the house; the vent to be three inches through the roof so that full circulation of air is established at all times. If kitchen or other plumbing fixtures are vented into the house sewer, the vent shall be increased to at least a three-inch pipe through the roof. No roof leaders or floor or cellar drains are to drain to septic tanks. Septic tank effluents shall be disposed of by discharging to subsurface tile systems, leaching pits or by such other means as approved, in writing.
[Amended 2-9-1995 by L.L. No. 1-1995]
M. 
Sewer lines to septic tanks and from septic tanks to the leaching system shall be made watertight and protected from damage by roots and other causes.[1]
[1]
Editor's Note: Former Subsection N, regarding house trap requirements, which was added 9-25-1969 and which immediately followed this subsection, was repealed 2-12-2009 by L.L. No. 1-2009.
A. 
Subsurface tile field systems shall be used where the more-porous natural earth is close to the surface where it is desired to give private water supplies the maximum protection and where the porosity shall not be less than one-inch fall to 60 minutes.
B. 
Dosing tanks shall be used in systems with over 500 feet of tile and shall be equipped with automatic siphons and have a dosing capacity equal to 60% to 75% of the interior capacity of the pipe in the portion of the subsurface tile system which is dosed at one time. Where the total length of the tile laterals exceeds 1,000 feet, the dosing tank shall be provided with two siphons, each serving 1/2 the tile field and dosing in alteration. Standard siphons must be used but alternating service shall be specified. If inadequate head is available to permit the use of siphons, a pump shall be substituted for each siphon.
C. 
Main distributors shall have diameters of not less than four inches and be laid with tight joints on uniform slopes not greater than 1%, or approximately 1/8 of an inch per foot. Lateral distributors comprising the tile field shall be four inches in diameter and shall be laid in trenches not less than 12 inches wide nor more than 36 inches wide and not less than 18 inches nor more than 30 inches deep, depth less than 24 inches being preferable. The bottom of the trenches and lateral distributors must be on a slope of 1/16 inch per foot. The spacing between lateral distributors shall be at least three times the trench width but not less than four feet. Where excessive slopes are encountered, drop manholes shall be used on main distributors. Perforated pipe or vitrified clay pipe with open joints may be substituted for the farm tile laterals. When perforated pipes are used, the holes shall be placed so the liquid will escape at an equal rate along the entire lateral. If the laterals are constructed of agricultural drain tile or vitrified clay pipe, they shall be laid with open joints 1/8 inch to 1/4 inch wide and protected with strips of tarpaper or other approved material laid over the top and 2/3 around the circumference of the pipe. All laterals shall be surrounded by graded gravel or broken stone 1/2 inch to one inch in size from a level of at least four inches below the bottom of the pipe to a level of at least four inches above the top of the pipe. Before backfilling, a single layer of building paper or a thick mat of hay or straw shall be placed on top of the gravel or broken stone and across the full width of the trench. The placing of distributors or laterals over water service lines is prohibited. Curtain drains of suitable depth and location shall be provided to intercept surface and ground water, and the tile field system shall be protected from damage by roots. Uniform distribution of sewage to the various laterals shall be accomplished by providing manholes or diversion boxes.
D. 
Laterals shall not be nearer than 25 feet to any lake, stream, watercourse or other body of water unless approved by the State Department of Health and must not be laid in swampy soil or in soil that cannot take care of drainage. The bottom of tile field trenches shall be at least two feet above the maximum groundwater table and at least three feet above solid rock or other impervious formation.
E. 
A distribution box or chamber must be provided into which the septic tank effluent discharges and from which the sewage enters the subsurface disposal field lines.
F. 
The inlet pipe should enter at the end of the box about two inches above the bottom. The sides of the box should extend about 12 inches above the invert of the inlet pipe, and the box shall be provided with a removable cover. Drainage lines shall be constructed with inverts set at the same elevation. When set at the same elevation and operating under the same head, pipes all of the same size should receive an equal flow. The box need not be more than 18 inches in width nor longer than is necessary to accommodate the drain lines.
G. 
Percolation tests for subsurface tile field. The square feet of absorption area required shall be determined by the results of soil percolation tests and in accordance with Subsection J, except that the minimum amount of tile required will be 100 feet. To make this percolation test, dig a hole approximately one foot square and to a depth equal to that at which it is proposed to lay the tile drain. Fill with water to ensure moistening of the soil and allow the water to seep away. Then, with the bottom of the hole still moist, fill to a depth of six inches with water and observe the average time for the water level to fall one inch. Tests are to be repeated until results of three tests vary not more than 10%. Use the figure in Subsection J or K, whichever is applicable, to find the absorption area required. Percolation tests shall not be made in frozen or filled-in ground, except that tests may be made in fill after a six months' settling period or after suitable stabilization.
H. 
Width of trench.
(1) 
The allowable width of trench shall be based upon the porosity of the soil as determined by percolation test as follows:
(a) 
When the time for water to fall one inch is three minutes or less, the trench width shall be not greater than 18 inches, allowing 1 1/2 square feet of percolation per linear foot of tile for the eighteen-inch-wide trench.
(b) 
When the time for water to fall one inch is from four to nine minutes, the trench width shall be not greater than 24 inches, allowing two square feet of percolation per linear foot of tile for the two-foot-wide trench.
(c) 
When the time for water to fall one inch is from 10 minutes to 60 minutes, the trench width shall be not greater than 36 inches, allowing three square feet of percolation per linear foot of tile for the three-foot-wide trench.
(2) 
The narrower width trenches shall be used where possible.
I. 
The required square feet of absorption or leaching area shall be increased by 50% where the use of a household garbage grinder or kitchen garbage disposal unit is approved by the Building Inspector.
J. 
Absorption area required in tile fields for residence dwellings; use proportionate length of tile in trenches for camps, schools, etc:
Time for Water to
Fall 1 Inch
(minutes)
Absorption Area
Required Per Person
(square feet)
3 or less
25
5 or less
31
6 or less
34
7 or less
38
8 or less
40
9 or less
42
10 or less
44
12 or less
50
15 or less
58
20 or less
68
25 or less
84
30 or less
94
40 or less
154
60 or less
188
One foot of four-inch tile in a trench 12 inches wide equals one square foot.
K. 
Absorption area required in leaching pits for residence dwellings; use proportionate area for camps, schools, etc:
Time for Water
to Fall 1 Inch
(minutes)
Effective Leaching Area
Required Per Person
(square feet)
3 or less
19
5 or less
23
6 or less
25
7 or less
27
8 or less
29
9 or less
31
10 or less
33
12 or less
36
15 or less
42
20 or less
50
25 or less
60
30 or less
68
Normally, leaching pits are not satisfactory if the percolation rate exceeds one inch in 30 minutes.
A. 
Leaching pits are appropriate where the topsoil is underlaid with sand, gravel or similar natural porous material. They shall be made of durable material and construction and of such proportions that the side area is approximately three times the bottom area. The flow of settled sewage to the seepage pits shall provide equal distribution to each pit; the minimum distance between the center of pits shall be at least three times their diameter.
B. 
The bottom of the leaching pits shall be at least two feet above the maximum groundwater table and at least three feet above solid rock or other impervious formation.
C. 
The leaching area required for such installations shall be determined by the results of percolation tests in accordance with § 194-7K, but no permit will be issued for a leaching pit unless the character of the soil in which it is to be located is such that groundwater flow appears to be away from any adjoining property within 50 feet and away from any source of water supply. No permit shall be issued for any leaching pit where, in the judgment of the Building Inspector, such installations shall be dangerous to adjoining property.
D. 
Effective leaching area shall be calculated as the outside area of the pit below the inlet plus the inside bottom area.
E. 
A test showing a rate of percolation slower than one inch per hour would indicate that disposal of sewage by subsurface method is not suitable and that other methods of disposal should be used.
A. 
Where the soil is so tight or impervious that subsurface tile systems or leaching pits are not practical, a subsurface sand filter shall be employed with a suitable outlet watercourse.
B. 
The area of the sand filter shall be sufficient to provide for a filtration rate not greater than 1.15 gallons per square foot per day and shall be constructed as follows:
(1) 
The distributors and underdrains of the sand filter installation shall be laid in clean graded gravel of a size ranging from 1/4 to one inch so as to provide a gravel layer of at least two inches below and four inches above the bottoms and tops of the distributors and underdrains.
(2) 
The distributors shall be laid in gravel above the sandbed; shall be connected to a watertight pipe laid on a slope of 0.5% from the septic tank, distribution box or dosing tank; shall be either perforated or open-joint pipe; shall be laid parallel on six-foot centers; shall be four inches in diameter; and shall be laid on a slope of 0.3% when a dosing tank is used or 0.5% when no dosing tank is installed.
(3) 
The underdrains laid in gravel below the sandbed shall be connected to watertight pipe leading to the outlet watercourse; shall be either perforated pipe or open-joint pipe; shall be laid parallel on six-foot centers; shall be four inches in diameter and laid on a slope of 0.3%.
(4) 
The sand portion of the filter shall be 24 inches to 30 inches in depth and shall be placed upon the gravel layer in which the underdrains are located. The sand shall be clean coarse sand, all of which will pass a one-fourth-inch-mesh screen, and shall have an effective size of between zero and 0.30 and 0.60 millimeters and shall have a uniformity coefficient not greater than 4.0.
(5) 
The entire filter shall be covered with a layer of hay or tarpaper prior to covering with earth to the desired grade.
(6) 
Chlorination of the effluent from sand filter installations prior to discharge into the receiving watercourse shall be required whenever disinfection of the sewage is considered to be necessary in order to provide for the protection of water supplies, bathing and other recreational areas. When chlorination of the effluent from a sand filter installation is considered to be necessary, chlorine shall be applied to the effluent at a rate sufficient to maintain at all times a residual of not less than 0.5 parts per million of chlorine in the treated effluent after a fifteen-minute contact period between the sewage effluent and applied chlorine. In order that the chlorine contact period shall not be less than 15 minutes, a tank or its equivalent shall have a capacity sufficient to provide for a detention of 30 minutes based on the average sewer flow.
C. 
In installations having an area of 1,800 square feet or less with 300 linear feet of distributors or less, a dosing tank may be omitted and a distribution box used, but for larger installations the distributors shall be dosed by a dosing system or pump. The capacity of a dose shall equal 75% of the volume of the distributors dosed at one time. In larger installations having 800 feet of distributors or more, a filter shall be constructed in two or more sections with alternating siphons to alternate the flow to the different sections.
D. 
If a site having a minimum distance of 300 feet from a structure intended for occupancy is available, the filter may be left uncovered, in which case no distributors will be required and a dosing rate of 100,000 gallons per acre per day may be employed. Such a filter must be divided into two or more beds and will require the dosing device to dose the bed to a depth of two inches to four inches. Open filters which are operated in the winter shall require suitable preparation before cold weather begins, and the dosing equipment must be protected against freezing.
A. 
"Non-water-carriage disposal" is defined as a device for the disposal of human excreta in a pit in the earth where water-carriage systems of disposal cannot be provided.
B. 
Temporary toilet facilities on construction sites. Any builder, contractor or other person working on or employing men working on the construction of any highway, building or structure shall provide or cause to be provided a temporary privy or privies of adequate size, or other satisfactory toilet facilities, at a convenient place upon the premises or readily accessible thereto, and the same shall be properly enclosed. All privies so constructed shall be flytight, properly ventilated and maintained so as to not create nuisance conditions. The location of privies shall be approved by the Building Inspector. Upon completion of the construction work, the contents shall be covered with lime or similar compound and the pit filled with clean inert material. The use of temporary privies on construction sites shall not be permitted for a period to exceed 90 days unless permission for continued use beyond this specified period is obtained from the Building Inspector or Health Officer.
C. 
The privy pit shall have a minimum capacity of 50 cubic feet. The structure over the pit shall be of wood or other approved material, properly painted, having a floor area of four feet by four feet in plan, with a minimum height of six feet six inches and five feet six inches in the rear. The roof shall be constructed of watertight materials. Ventilation of the building shall be provided by omitting the siding beneath the roof or by other suitable means.
D. 
Temporary facilities, private. On lots of 1 1/2 acres and more, privies shall be permitted where the premises are for part-year and not full-year occupancy, provided that the facilities shall be constructed in accordance with the above requirements and provided that the location thereof shall be approved by the Building Inspector, who shall issue a permit for the same. The permit period shall be one year or less.
Nothing contained in this article shall be construed to permit the installation or maintenance of disposal facilities which are or may become a nuisance.
The Town Health Officer or Building Inspector may, at any time, by inspection, determine that existing sewage disposal facilities on a property are inadequate or do not function properly or that there is not available an adequate supply of water for use in connection therewith. In such cases the Health Officer or Building Inspector shall notify the owner of said premises in writing of such fact, and a copy of such notice shall be sent to the Town Clerk. Upon receipt of such notice, it shall be the duty of the owner, within 10 days, to make application to the Town Clerk for a permit for reconstruction or alteration within 30 days after receipt of said notice. Unless such required reconstruction or alteration shall have been completed within the 30 days, it shall be unlawful and improper to use said premises for human occupancy until such required reconstruction or alteration shall have been completed and approved. The fee for a reconstruction or alteration permit shall be the same as that for a new installation, and such work shall be inspected and approved in the same manner as provided for new installation.
No scavenger shall clean or empty any septic tank, pit or any unit for the storage or disposal of sewage or excreta unless his equipment and method of operation is approved and a permit is obtained from the Town Building Inspector. Before issuance of such a permit, a fee of $10 shall be paid to the Building Inspector. Permits shall be valid for the current year expiring December 31, and the fee for each year shall be payable on or before January 15 in each year.
Any violation of this article, either by the occupancy of a structure without a duly authorized certificate of approval or by the installation or use of a septic tank, leaching pit, privy or discharge pipe without compliance with the terms and provisions aforesaid, or any violation of any terms and provisions of this article or failure to obtain any permit required hereunder, is hereby declared to be an offense and shall render the owner of the land whereon the same was installed, and/or the tenant or the person so installing same, or any other person, guilty of a violation thereof, liable to a fine not to exceed the sum of $50 or to imprisonment for a period of not more than 30 days, or both. Each week's continued violation after notice thereof shall constitute a separate, additional violation and offense.
[Adopted 10-11-2012 by L.L. No. 6-2012]
A. 
This article shall regulate the use, operation and maintenance of the public sewer systems of and within the sewer districts of the Town of Wallkill and shall provide for the installation of approved sewer connections wherever a property owner has failed to provide the same.
B. 
It shall be the purpose and intent of this article to achieve the goals of water quality as are intended pursuant to the Federal Water Pollution Control Act, and the standards and requirements of said Act shall be deemed to be incorporated herein for all matters of administration and enforcement. It shall further be the purpose and intent of this article to achieve compliance with the terms of the discharge permit issued or to be issued by the New York State Commissioner of Environmental Conservation, Albany, New York, for the Town of Wallkill treatment plant at the Wallkill River. This article sets forth uniform requirements for direct and indirect contributors into the wastewater collection and treatment system for the Town of Wallkill to enable the Town to comply with all applicable state and federal laws required by the Clean Water Act of 1977 and the General Pretreatment Regulations (40 CFR 403).
C. 
The further objectives of this article are to:
(1) 
Prevent the introduction of pollutants into the municipality's wastewater system which would interfere with the operation of the system or contaminate the resulting sludge.
(2) 
Prevent the introduction of pollutants into the municipal wastewater system which will pass through the system, inadequately treated, into receiving waters or otherwise be incompatible with the system.
(3) 
Prevent the introduction of pollutants into the municipal wastewater system which may jeopardize the health and safety of Town workers and the public.
D. 
This article provides for the regulation of direct and indirect contributors to the municipal wastewater system through the issuance of permits to certain nondomestic users and through enforcement of general requirements for the other users. It authorizes monitoring and enforcement activities and requires industrial user reporting. Disposal into the sewer system of any pollutant by any person is unlawful, except in compliance with federal standards promulgated pursuant to the Federal Water Pollution Control Act Amendments of 1972 (FWPCAA) and any more stringent state and local standards.
E. 
This article shall apply to the Town of Wallkill and to persons outside the Town of Wallkill who are, by contract or agreement with the Town of Wallkill, users of the Town of Wallkill's publicly owned treatment works (POTW). Except as otherwise provided herein, the Supervisor of the Town of Wallkill, the Town Board, the Commissioner of Public Works and the Superintendent of Water and Sewer shall administer, shall implement and shall enforce the provisions of this article.
F. 
This article repeals Article II of Chapter 194 of the Code of the Town of Wallkill.[1]
[1]
Editor's Note: Former Art. II, Sewer Use, comprising §§ 194-15 through 194-70, was adopted 6-12-2003 by L.L. No. 4-2003, as amended.
G. 
It is the purpose and intent of this Town Board that Article I, Individual Sewage Disposal Systems, shall apply to and regulate private septic tanks and sewage disposal as therein set forth in that area of the Town outside the limits of the Town sewer districts now or hereafter established.
A. 
Word usage. Words used in the present tense include the future; the singular number includes the plural; and the masculine shall include the feminine. The term "shall" is mandatory; the term "may" is permissive.
B. 
Definitions. Unless otherwise expressly stated, the following terms shall, for the purposes of this article, have the meanings herein indicated:
AMERICAN SOCIETY FOR TESTING MATERIALS (herein referred to as "ASTM" or federal specifications referred to in this article)
The latest published amendments or revisions applicable at any time.
APPROVAL AUTHORITY
The Commissioner of the Department of Environmental Conservation of the State of New York.
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER
May be a principal executive officer of at least the level of vice president if the industrial user is a corporation; a general partner or proprietor if the industrial user is a partnership or proprietorship, respectively; or a duly authorized representative of the individual designed above, if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates.
BOD (denoting "biochemical oxygen demand")
The quantity of oxygen utilized in the biochemical oxidation of organic or other unstable matter under standard laboratory procedure in five days at 20° C., expressed in parts per million by weight.
BUILDING LATERAL
That part of the horizontal piping of a building drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of any building and conveys such discharge to the building sewers, public sewer, private sewer, individual sewage disposal system or other point of disposal.
CONTROL AUTHORITY
Refers to the approval authority, defined hereinabove, or the Supervisor or the Commissioner of Public Works or the Superintendent of Water and Sewer of the Town of Wallkill.
COOLING WATER
The noncontact water discharged from any use, such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.
[Amended 8-26-2021 by L.L. No. 6-2021]
CROSS-CONNECTION
Any physical connection or arrangement between two otherwise separate piping systems, one of which contains potable water and the other, water of unknown or questionable safety, whereby water may flow from one system to the other, the direction of the flow depending on the pressure differential between the two systems.
DIRECT DISCHARGE
The discharge of treated or untreated wastewater directly to the waters of the State of New York.
DOMESTIC WASTE
Liquid wastes from noncommercial preparation, cooking, and handling of food, liquid wastes containing human excrement and similar matter from the sanitary conveniences in dwellings, commercial buildings, industrial buildings, and institutions, or liquid wastes from clothes washing and/or floor/wall washing.
ENVIRONMENTAL PROTECTION AGENCY or EPA
The United States Environmental Protection Agency, or where appropriate, the term may also be used as a designation for the administrator or other duly authorized official of said agency.
FEDERAL WATER POLLUTION CONTROL ACT (sometimes herein referred to as the "Act")
The United States Federal Pollution Control Act, as amended in 1972 or thereafter.
FLOWABLE FILL
A mixture of portland cement, fly ash, mineral filler, water and admixtures proportioned to provide a nonsegregating, free-flowing, self-consolidating material that will result in a hardened, dense backfill.
GARBAGE
Solid wastes from the preparation, cooking and dispensing of food and from the handling, storage and sale of produce.
GRAB SAMPLE
A sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time.
HOLDING TANK WASTE
Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum pump tank trucks.
INDIRECT DISCHARGE
The introduction of wastewater into the POTW for treatment (including holding tank waste discharged into the system) and ultimate discharge of the treated effluent to the waters of the State of New York.
INDUSTRIAL USER
A discharger to the POTW whose discharge includes nondomestic wastewaters.
INDUSTRIAL WASTES
The liquid wastes resulting from the processes employed in industrial establishments and which are free of fecal matter.
INSPECTOR
The Commissioner of the Town of Wallkill Department of Public Works or the Superintendent of Water and Sewer, who is appointed and duly authorized by the Town Board to inspect and approve the installation of building sewers and their connection to the public sewer system.
INTERCEPTOR
A device designed and installed so as to separate and retain deleterious, hazardous or otherwise undesirable matter such as grease, oil or sand from normal wastes and permit only normal sewage or liquid wastes to discharge into the disposal terminal by gravity.
INTERFERENCE
The inhibition or disruption of the POTW treatment processes or operations which contributes to a violation of any requirement of the Town's SPDES permit. The term includes prevention of sewage sludge disposal by the POTW in accordance with Section 405 of the Act (33 U.S.C. § 1345), or any criteria guidelines or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act or more stringent state criteria (including those contained in any state sludge management plan prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed by the POTW.
NATIONAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARD
Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act [33 U.S.C. § 1317(b) and (c)] which applies to a specific category of industrial users.
NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE STANDARD
Any regulation developed under the authority of Section 307(b) of the Act[1] and 40 CFR 403.5.
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake or other body of surface water or ground water.
NEW SOURCE
Any source, the construction of which is commenced after the publication of proposed regulations prescribing a Section 307(c) [33 U.S.C. § 1317(c)] categorical pretreatment standard which will be applicable to such source, if such standard is thereafter promulgated within 120 days of proposal in the Federal Register. Where the standard is promulgated later than 120 days after proposal, "new source" means any source, the construction of which is commenced after the date of promulgation of the standard.
NEW YORK STATE DEPARTMENT OF TRANSPORTATION (NYSDOT) ITEM 4
Crushed limestone material commonly used as base stone for road construction and trench backfill, as described in the New York State Department of Transportation (NYSDOT) Standard Specifications Section 304, Type 4, date of latest revision.
PERSON
Any individual, firm, company, association, society, corporation or group.
pH
The measure of the acidity or alkalinity of a waste.
POLLUTANT
Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand cellar dirt and industrial, municipal and agricultural waste discharged into water.
POLLUTION
The man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water.
POTW TREATMENT PLANT
That portion of the POTW designed to provide treatment to wastewater.
PRETREATMENT or TREATMENT
The reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes or process changes or other means, except as prohibited by 40 CFR 403.6(d).
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard imposed on an industrial user.
PRIVATE SEWER
A sewer privately owned and not directly controlled by public authority.
PROPERLY SHREDDED GARBAGE
The wastes from the preparation, cooking and dispensing of food that have been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch in any dimension.
PROPERTY OWNER
The person or entity that is in title to the property served or to be served by the public sewer.
PUBLICLY OWNED TREATMENT WORKS (POTW)
A treatment works as defined by Section 212 of the Act (33 U.S.C. § 1292), which is owned in this instance by the Town. This definition includes any sewers that convey wastewater to the POTW treatment plant, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of this article, "POTW" shall also include any sewers that convey wastewaters to the POTW from persons outside the Town who are, by contract or agreement with the Town, users of the Town's POTW.
PUBLIC SEWER
A common sewer directly controlled by public authority.
REGIONAL ADMINISTRATOR
The Regional Administrator, Region No. 2, United States Environmental Protection Agency, as empowered by the Federal Water Pollution Control Act or other federal statute.
SANITARY SEWER
A pipe which carries sewage and excludes stormwater, surface water and groundwater.
SEWAGE
Any liquid waste containing animal, human or vegetable matter in suspension or solution and may include liquids containing chemicals in solution.
SEWAGE WORKS SYSTEMS
All facilities for collecting, pumping, treating and disposing of sanitary sewage.
SEWER
A pipe or conduit for carrying sewage.
SIGNIFICANT INDUSTRIAL USER
Any industrial user who has a discharge flow of 25,000 gallons or more per average workday or has a flow greater than 5% of the flow in the Town's wastewater system or has in its wastes toxic pollutants as defined pursuant to Section 307 of the Act[2] or has been identified as one of the 21 industrial categories pursuant to Section 307 of the Act or is found by the Town to have significant impact, either singly or in combination with other contributing industries, on the treatment or collection system.
SLOPE
The grade or pitch of a line of pipe in reference to a horizontal plane. In drainage it is usually expressed as the fall in a fraction of an inch per foot length of pipe.
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1987.
STATE POLLUTION DISCHARGE ELIMINATION SYSTEM OR SPDES PERMIT
A permit issued pursuant to Section 402 of the Act (33 U.S.C. § 1342).
STORM SEWER or STORM DRAIN
A sewer used for conveying rainwater, surface water, condensate, cooling water or similar liquid wastes, exclusive of sewage and industrial waste.
SUPERINTENDENT
The Superintendent of the water and wastewater systems in the Town of Wallkill, as appointed by the Town Board, or an authorized representative selected by the Superintendent having authority and responsibility to carry out necessary actions.
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.
TOWN OF WALLKILL or TOWN
Includes the various sewer districts within the Town and includes the Town Board of the Town of Wallkill acting as and for said sewer districts.
TOXIC POLLUTANT
Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provision of Clean Water Act Section 307(a)[3] or other acts.
USER
Any person who contributes, causes or permits the contribution of wastewater into the Town's POTW.
WASTEWATER
The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities and institutions, together with other matter which may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW.
WASTEWATER DISCHARGE PERMIT (INDUSTRIAL)
As set forth in § 194-70 of this article, the permit issued by the Superintendent to an industrial user establishing the conditions and requirements under which the industrial user may discharge to the POTW.
WATERCOURSE
A channel in which a flow of water occurs, either continuously or intermittently.
WATER OF THE STATE
All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through or border upon the state or any portion thereof.
[1]
Editor's Note: See 33 U.S.C. § 1317(b).
[2]
Editor's Note: See 33 U.S.C. § 1317.
[3]
Editor's Note: See 33 U.S.C. § 1317(a).
C. 
Abbreviations. The following abbreviations shall have the designated meanings:
BOD — Biochemical oxygen demand
CFR — Code of Federal Regulations
COD — Chemical oxygen demand
DPW — Department of Public Works
EPA — Environmental Protection Agency
l — Liter
mg — Milligrams
mg/1 — Milligrams per liter
NYSDEC — New York State Department of Environmental Conservation
OSHA — Occupational Safety and Health Administration
POTW — Publicly owned treatment works
SIC — Standard industrial classification
SPDES — State Pollutant Discharge Elimination System
SWDA — Solid Waste Disposal Act, 42 U.S.C. § 6901 et seq.
TSS — Total suspended solids
USC — United States Code
A. 
Any person owning any property used for human occupancy, employment, recreation, commerce, industry or other public purpose which abuts on any street or right-of-way in which there is located a public sanitary sewer of the Town of Wallkill is hereby required, at his expense, to connect its plumbing facilities directly to said public sanitary sewer in accordance with the provisions of this article.
B. 
Connections for existing structures shall be made within one year from date of notice, given by publication in the official newspaper of the Town, of the completion of the sewer system within any sewer district. New buildings shall be so connected before a certificate of occupancy shall be issued. No property owner, builder, or developer shall be issued a building permit for a new dwelling or structure requiring sanitary facilities unless a suitable and approved method of wastewater disposal, conforming to this article, is available.
C. 
Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, cesspool, septic tank, or other facility intended or used for disposal of wastewater for any property used for human occupancy, employment, recreation, commerce, industry, or other public purpose which abuts any street or right-of-way in which there is located a public sanitary sewer of the Town of Wallkill or if said property is within the limits of the sewer district.
D. 
Notice of noncompliance; procedure. Where it shall appear that no sewer connection has been made by a property owner into the public sewer system as required by this article or that a connection which does not comply herewith has been made, then the Town Department of Public Works Commissioner or Superintendent of Water and Sewer, when authorized by a resolution of the Town Board, shall serve notice, in writing, requiring compliance within not less than 30 days. The notice will be sent certified mail, return receipt requested, to the address shown on the latest completed assessment roll. The notice shall state that upon failure to comply, the Town will enter upon the property owner's property and make the connection, or retain a contractor of its choice to make the connection required under this article, and which notice shall state that the total cost, together with such penalty and interest as the Town Board may by resolution provide, shall constitute a lien and charge upon the parcel of real property benefited by the connection, which lien and charge will be assessed and levied upon said parcel and, until paid or otherwise satisfied or discharged, shall be collected in the same manner as other Town taxes and charges.
E. 
Connection from public sewer. The connection to be made shall run from the public sewer to the most convenient point, in the discretion of the Department of Public Works Commissioner or Superintendent of Water and Sewer, where a connection complying with this article may be made.
F. 
Town liability. The Town shall not be liable for any damage to the property owner's property, except for failure to use ordinary care.
G. 
Cost of work assessed against property owner; penalty and interest charge.
(1) 
In addition to the cost of the work, there shall be assessed against the property:
(a) 
A penalty for failure to comply with the article.
(b) 
An interest charge based upon the Town's cost in financing such work.
(2) 
The penalty and interest charges shall be determined and fixed by resolution of the Town Board from time to time.
H. 
Mandatory video inspection. This article shall provide for the mandatory video inspection or inspection by similar electronic means of all new sanitary sewer mains, commercial laterals, and multifamily dwelling laterals proposed to be directly connected or discharging to an existing Town sanitary sewer main as part of the public sewer. The intention of this article is to deny sanitary sewer pipe connections to the existing public sewer until the Superintendent of Water and Sewer or the Town Engineer shall have reviewed and approved the videotape or similar electronic device and determined that the new sanitary sewer main has been correctly constructed. All new sewer lines are to be jetted prior to video inspection.
[Amended 5-26-2016 by L.L. No. 10-2016]
The use of the Town public sewers shall be strictly limited and restricted, except as provided herein, to receive and accept the discharge of sewage and other wastes, including industrial wastes generated on or discharged from real property within the bounds of the service area of the POTW.
A. 
It shall be the duty of the Department of Public Works Commissioner, or Superintendent of Water and Sewer, to enforce the provisions of this article as provided in Chapter 82, Building Construction.
B. 
The Department of Public Works Commissioner, Superintendent of Water and Sewer or any other duly authorized employee of the Town of Wallkill, bearing proper credentials and identification, shall be permitted to enter upon all properties for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this article.
C. 
An application for a building permit under the Building Code shall include the plans for the connection into the public sewer system, which plans must be approved by the Department of Public Works Commissioner or Superintendent of Water and Sewer.
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 Building Inspector. The application for such permit shall be made on a form furnished by the District, which the applicant shall supplement with any plans, specifications and other information as are deemed necessary by the Superintendent of Sewers or otherwise required herein.
A. 
Proper design. New sanitary sewers and all extensions to sanitary sewers that are to be owned and operated by the Town shall be designed by a professional engineer licensed in the State of New York; in accordance with the Recommended Standards for Sewage Works, as adopted by the Great Lakes - Upper Mississippi River Board of State Sanitary Engineers ("Ten State Standards"); and in strict conformance with all requirements of the NYSDEC. Plans and specifications shall be submitted to, and written approval shall be obtained from, the Superintendent, the County Health Department, and the NYSDEC, before initiating any construction. The design shall anticipate and allow for flows from all possible future extensions or developments within the immediate drainage area. If, however, there is inadequate capacity in any sewer that would convey the wastewater, the applicant shall take such actions as the Town Board shall mandate based upon the recommendation of the Superintendent. Sewer line current use shall be defined as the present use and the unutilized use that has been committed, by resolution, to other users by the Town Board or by the Planning Board.
B. 
New sewers subject to approval, fees, inspection, testing and reporting. When a property owner, builder, or developer proposes to construct sanitary sewers or extensions to sanitary sewers in an area proposed for subdivision, the plans, specifications, and method of installation shall be subject to the approval of the Superintendent, the Planning Board Engineer, and the NYSDEC. Said property owner, builder, or developer shall pay for the entire installation of intercepting or trunk sewers, pumping stations, force mains, and all other Town expenses incidental thereto. Each street lateral shall be installed and inspected pursuant to this article, and inspection fees shall be paid by the applicant prior to initiating construction. Design and installation of sewers shall be as specified herein and in conformance with Paragraphs 3 through 6 of ASTM Specification C-12. The installation of the sewer shall be subject to periodic inspection by the Superintendent or his representative, without prior notice. The Superintendent shall determine whether the work is proceeding in accordance with the approved plans and specifications and whether the completed work will conform with the approved plans and specifications. The sewer, as constructed, must pass the infiltration test (or the exfiltration test, with prior approval), required herein, before any building lateral is connected thereto. The Superintendent shall be notified 30 days in advance of the start of any construction actions so that such inspection frequencies and procedures as may be necessary or required may be established. No new sanitary sewers will be accepted by the Town Board until such construction inspections have been made so as to assure the Town Board of compliance with this article and any amendments or additions thereto. The Superintendent has the authority to require such excavation as necessary to inspect any installed facilities if the facilities were covered or otherwise backfilled before they were inspected so as to permit inspection of the construction. The Superintendent shall report all findings of inspections and tests to the Town Board.
C. 
Plans, specifications and pipe test results required. Plans, specifications, and methods of installation shall conform to the requirements of this article. Components and materials of wastewater facilities not covered in this article, such as pumping stations, lift stations, or force mains, shall be designed in accordance with the requirements established herein and generally accepted engineering practices and shall be clearly shown and detailed on the plans and specifications submitted for approval. When requested, the applicant shall submit, to the Superintendent and to the County Health Department, all design calculations and other pertinent data to supplement review of the plans and specifications. Results of manufacturer's tests on each lot of pipe delivered to the job site shall also be furnished, upon request.
D. 
Sewer pipe.
(1) 
Sewer pipe material shall be:
(a) 
Cast-iron pipe extra heavy. Pipe, fittings, and specials shall conform to the requirements of ASTM Specification A-74 or ANSI A21.11. Gaskets shall conform to ASTM Specification C-564.
(b) 
Polyvinyl chloride (PVC) pipe - heavy wall. Pipe shall be made from Class 12454-B materials or better in accordance with ANSI/ASTM Specification D-1784. Pipe and accessories shall conform to the requirements of the following, with a minimum pipe stiffness of 46 psi at a maximum deflection of 5%:
[1] 
ANSI/ASTM D3034: four inches to 15 inches.
[2] 
ASTM F679 Type I: 18 inches to 27 inches.
(c) 
Ductile iron pipe. Pipe, fittings, and specials shall be manufactured in accordance with ASTM Specification A-746. Pipe shall have a minimum thickness of Class 50. Fittings shall conform to ANSI Specification A21.11 and shall have a minimum pressure class rating of 150 psi. All pipe and fittings shall be cement mortar lined in accordance with ANSI Specification A21.4 at twice the specified thickness and shall have an internal and external bituminous seal coating. Closure pieces shall be jointed by means of a mechanical coupling of the cast sleeve type.
(d) 
Other pipe materials. Other pipe materials require prior written approval of the Superintendent before being installed.
(2) 
The minimum internal pipe diameter shall be eight inches for gravity sewers and three inches for low-pressure sewers.
(3) 
Joints for the selected pipe shall be designed and manufactured such that O-ring gaskets of the snap-on type are used.
(4) 
Gaskets shall be continuous, solid, natural or synthetic rubber and shall provide a positive compression seal in the assembled joint, such that the requirements of this section are met.
(5) 
Joint preparation and assembly shall be in accordance with the manufacturer's recommendations.
(6) 
Wye branch fittings, as approved by the Superintendent, shall be installed, for connection of street laterals, in accordance with the requirements established herein.
(7) 
Under no conditions shall glued fittings be allowed for buried piping installations.
(8) 
PVC pipe shall not be encased in concrete due to their different coefficients of linear thermal expansion.
(9) 
HDPE welded fittings are allowed for buried piping installations.
E. 
Safety and load factors.
(1) 
Selection of pipe class shall be predicated on the following criteria:
(a) 
Safety factor: 1.5.
(b) 
Load factor: 1.7.
(c) 
Weight of soil: 120 pounds per cubic foot.
(d) 
Wheel loading (as applicable): 16,000 pounds.
(2) 
Utilizing the foregoing information, design shall be made as outlined in the latest edition of the Water Pollution Control Federation Manual of Practice, "Design and Construction of Sanitary and Storm Sewers," and the pipe shall have sufficient structural strength to support all loads to be placed on the pipe, with a safety factor as specified above.
A. 
Local utilities shall be contacted to verify construction plans and to make arrangements to disconnect all utility services, where required to undertake the construction work. The utility services shall later be reconnected. The work shall be scheduled so that there is minimum inconvenience to local residents. Residents shall be provided proper and timely notice regarding disconnection of utilities. A street opening permit shall be required from the Town.
B. 
The construction right-of-way shall be cleared only to the extent needed for construction. Clearing consists of removal of trees which interfere with construction, removal of underbrush, logs, and stumps, and other organic matter, removal of refuse, garbage, and trash, removal of ice and snow, and removal of telephone and power poles, and posts. Any tree which will not hinder construction shall not be removed and shall be protected from damage by any construction equipment. Debris shall not be burned but hauled for disposal in an approved manner. All rights-of-way shall be a minimum of 30 feet wide and built to the Town's Rural Road Specifications, excluding the final asphalt course.
C. 
It shall be the responsibility of the property owner or the contractor to protect the public from personal and property damage as a result of the construction work.
D. 
Traffic shall be maintained at all times in accordance with applicable highway permits. Where no highway permits are required, at least 1/2 of a street shall be kept open for traffic flow.
E. 
Erosion control shall be performed throughout the project to minimize the erosion of soils onto lands or into waters adjacent to or affected by the work. Erosion control can be affected by limiting the amount of clearing and grubbing prior to trenching, proper scheduling of the pipe installation work, minimizing time of open trench, prompt grading and seeding, and filtration of drainage.
F. 
It shall be the responsibility of the property owner to ensure that all necessary stormwater permits are obtained and that compliance with the stormwater requirements established by the Town and the NYSDEC is achieved.
G. 
It shall be the responsibility of the property owner and contractor to ensure that all excavation work is done in accordance with OSHA requirements.
H. 
The trench shall be excavated only wide enough for proper installation of the sewer pipe, manhole, and appurtenances. Allowances may be made for sheeting, dewatering, and other similar actions to complete the work. Roads, sidewalks, and curbs shall be cut, by sawing or by other methods as approved by the Superintendent, before trench excavation is initiated.
I. 
Under ordinary conditions, excavation shall be by open cut from the ground surface. However, tunneling or boring under structures other than buildings may be permitted. Such structures include crosswalks, curbs, gutters, pavements, trees, driveways, and railroad tracks. For boring, see Jacking/Boring detail 7S of 7.
J. 
Open trenches shall be protected at all hours of the day with barricades, as required.
K. 
Trenches shall not be open for more than 30 feet in advance of pipe installation nor left unfilled for more than 30 feet in the rear of the installed pipe, when the work is in progress, without permission of the Superintendent. When work is not in progress, including overnight, weekends, and holidays, the trench shall be backfilled to ground surface or alternative measures (e.g., steel plating), as approved by the Superintendent, shall be implemented to ensure public safety and traffic flow.
L. 
The trench shall be excavated approximately six inches deeper than the final pipe grade. When unsuitable soils are encountered, these shall be excavated to a maximum depth of 2 1/2 feet below the final pipe invert grade and replaced with select materials.
M. 
Ledge rock, boulders, and large stones shall be removed from the trench sides and bottom. The trench shall be overexcavated at least 12 inches for a distance of five feet, at the transition from rock bottom to earth bottom, centered on the transition.
N. 
Maintenance of grade, elevation, and alignment shall be done by some suitable method or combination of methods.
O. 
No structure shall be undercut unless specifically approved by the Superintendent.
P. 
Proper devices shall be provided, and maintained operational at all times, to remove all water from the trench as it enters. At no time shall the sewer line be used for removal of water from the trench.
Q. 
To protect workers and to prevent caving, shoring and sheeting shall be used, as needed. Caving shall not be used to backfill the trench. Sheeting shall not be removed but cut off no lower than one foot above the pipe crown nor no higher than one foot below final grade, and left in the trench, during backfill operations. The contractor and the property owner must meet all requirements set forth by OSHA for excavation.
R. 
The pipe barrel shall be supported, along its entire length, on a minimum of six inches of three-fourths-inch clean stone. This foundation shall be firmly tamped in the excavation.
S. 
Bell holes shall be hand excavated, as appropriate.
T. 
Pipe shall be laid from low elevation to high elevation. The pipe bell shall be upgradient; the pipe spigot shall be downgradient.
U. 
The joints shall be made, and the grade and alignment checked and made correct.
V. 
The pipe shall be in straight alignment.
W. 
When a smaller sewer joins a larger one, the invert of the larger sewer shall be lowered sufficiently to maintain the same hydraulic gradient. An approximate method which may be used for securing this result is to place the 0.8 depth of both sewers at the same elevation.
X. 
Three-fourths-inch clean stone shall be placed over the laid pipe to a depth of at least 12 inches. Care shall be exercised so that stone is packed under the pipe haunches. Care shall be exercised so that the pipe is not moved during placement of the crushed stone.
Y. 
The migration of fines from surrounding backfill or native soils shall be restricted by gradation of embedment materials or by use of suitable filter fabric.
Z. 
The remaining portion of the trench above the pipe embedment shall be backfilled in twelve-inch lifts, which shall be firmly compacted.
AA. 
Proposed sewer main and laterals within a public street, paved area, under hard surfaces such as sidewalks, retaining walls, etc., or any area which will experience vehicular traffic shall be backfilled with NYSDOT Item 4.
(1) 
Three-fourths-inch clean stone shall be placed over the laid pipe to a depth of at least 12 inches.
(2) 
Care shall be exercised so that the backfill is packed under the pipe and haunches and so that the pipe is not moved during placement of the backfill.
(3) 
The remainder of the trench, from one foot above the pipe to the constructed structural subbase, shall be backfilled with N.Y.S.D.O.T Item 4.
(4) 
The structural subbase and concrete/asphalt surface shall be reconstructed in kind.
(5) 
Within existing Town roads, N.Y.S.D.O.T. Item 4 shall be used as backfill one foot above the pipe to the structural subbase. (Refer to detail 3W.)
[Amended 5-26-2016 by L.L. No. 10-2016]
A. 
Cleanouts for low-pressure sewers shall be placed at intervals of approximately 75 feet and at major changes of direction and where one collection main joins another main and at the upstream end of each main branch, unless otherwise authorized by the Sewer Superintendent.
B. 
The design of the cleanouts shall be as approved by the Superintendent.
A. 
Design of all manholes shall comply with Detail 4/S and shall be submitted to the Superintendent and shall receive approval prior to placement.
B. 
Manholes shall be placed where there is a change in slope or alignment and at intervals not exceeding 300 linear feet, except as authorized by the Superintendent.
C. 
Manhole bases shall be constructed or placed on a minimum of 12 inches of three-fourths-inch clean stone.
D. 
Manhole bases shall be constructed of 4,000 psi (twenty-eight-day) concrete eight inches thick or shall be precast bases properly bedded in the excavation. Field-constructed bases shall be monolithic, properly reinforced, and extend at least six inches beyond the outside walls of lower manhole sections. Precast manhole bases shall extend at least six inches beyond the outside walls of lower manhole sections.
E. 
Manholes shall be constructed using precast minimum four-foot-diameter concrete manhole barrel sections, and an eccentric top section, conforming to ASTM Specification C-478, with the following accepted wall thickness. All sections shall be cast solid, without lifting holes. Flattop slabs shall be a minimum of eight inches thick and shall be capable of supporting an H-20 loading.
Manhole Diameter
(feet)
Wall Thickness
(inches)
4
5
5
6
6
7
6 1/2
7 1/2
7
8
8
9
F. 
All drop manholes shall have a minimum interior diameter of five feet, with a thirty-six-inch-diameter manhole frame and cover.
G. 
All joints between sections shall be sealed with an O-ring rubber gasket, meeting the same specifications as pipe joint gaskets, or butyl joint sealant completely filling the joint.
H. 
All joints shall be sealed against infiltration. All metal parts shall be thickly coated with bitumastic or elastomeric compound to prevent corrosion.
I. 
Connection of a proposed sewer main or lateral (when approved by the Sewer Superintendent) into an existing sewer manhole shall be core drilled and sealed with an approved link seal or cored resilient connector conforming to ASTM C923. No holes shall be cored into the manhole sections closer than six inches to joint surfaces.
J. 
Manholes which extend above grade shall not have an eccentric top section. The top plate shall be large enough to accommodate the cover lifting device and the cover.
K. 
The elevation of the top section shall be such that the cover frame top elevation is 0.5 foot above the one-hundred-year flood elevation (in a field), 0.5 foot above a lawn elevation, or at finished road or sidewalk grade.
L. 
When located in a traveled area (road or sidewalk), the manhole frame and cover shall be heavy-duty cast iron. When located in a lawn or in a field, the manhole frame and cover may be light-duty cast iron. The cover shall be a minimum of 36 inches in diameter. The minimum combined weight of the heavy-duty frame and thirty-six-inch cover shall be 735 +/- 5% pounds. The minimum combined weight of the light-duty frame and thirty-six-inch cover shall be 420 +/- 5% pounds. The mating surfaces shall be machined and painted with tar pitch varnish. The cover shall not rock in the frame. Infiltration between the cover and frame shall be prevented by proper design and painting. Covers shall have "Sanitary Sewer" cast into them. Covers shall have lifting holes suitable for any lifting/jacking device. The lifting holes shall be designed so that infiltration is prevented.
M. 
A drop of at least 0.1 foot shall be provided between incoming and outgoing sewers on all junction manholes and on manholes with bends greater than 45°.
N. 
Inverts and shelves/benches shall be placed after testing the manholes and sewers.
O. 
Benches shall be constructed of 3,500 psi concrete, level, and slope to the flow channel at about one inch per foot.
P. 
The minimum depth of the flow channel shall be the nominal diameter of the smaller pipe. The channel shall have a steel trowel finish. The flow channel shall have a smooth curvature from inlet to outlet.
Q. 
Manhole frames, installed at grade, shall be set in a full bed of mortar with no less than two or more than four courses of brick underneath to allow for later elevation adjustment. In lieu of brick, grade rings may be used for elevation adjustment. Grade rings shall not exceed six inches in depth. The total number of grade rings shall not exceed 12 inches in height; however, in no event shall more than three grade rings be used.
R. 
Manholes which extend above grade shall have the frames cast into the manhole top plate. The top plate shall be securely anchored to the manhole barrel by a minimum of six-and-one-half-inch corrosion-resistant anchor bolts to prevent overturning when the cover is removed. The anchor bolts shall be electrically isolated from the manhole frame and cover.
S. 
Internal drop pipes and fittings shall be PVC plastic sewer pipe in compliance with ASTM D2241. Corrosion-resistant anchors shall be used to attach the drop pipe to the inside surface of the manhole barrel.
Force mains serving sewage lifting devices, such as grinder pumps and pump stations, shall be designed in accordance with this section. Additional design requirements are:
A. 
Force main pipe material shall be:
(1) 
Ductile iron pipe shall conform to ANSI A21.51. The minimum wall thickness shall be Class 52 (ANSI A21.50). The pipe shall be clearly marked with either "D" or "DUCTILE." Fittings shall conform to ANSI A21.10. Pipe and fittings shall be furnished with push-on joints conforming to ANSI A21.11. Pipe and fittings shall be cement mortar lined and have an internal and external bituminous seal coating.
(2) 
Polyvinyl chloride (PVC) plastic pipe shall conform to ASTM D2241. Materials used in the manufacture of PVC pipe shall meet ASTM c1784. The minimum wall thickness shall be SDR-21. Fittings shall conform to ASTM D2241. Joints and gaskets shall conform to ASTM D2241, D1869, and F477.
(3) 
Other pipe materials require prior written approval of the Superintendent before being installed.
B. 
Trenching, bedding, and backfilling shall be in accordance with this section.
C. 
Joint preparation and assembly shall be in accordance with the manufacturer's written instructions.
D. 
Anchorages, concrete blocking, and/or mechanical restraint shall be provided when there is a change of direction of 7 1/2° or greater.
E. 
Drain valves shall be placed at low points.
F. 
Automatic air relief valves shall be placed at high points and at four-hundred-foot intervals, on level force main runs.
G. 
Air relief and drain valves shall be suitably protected from freezing.
H. 
When the daily average design detention time, in the force main, exceeds 20 minutes, the manhole and sewer line receiving the force main discharge or the sewage shall be treated so that corrosion of the manhole and the exiting line are prevented. The corrosion is caused by sulfuric acid biochemically produced from hydrogen sulfide anaerobically produced in the force main.
I. 
The force main shall terminate, in the receiving manhole, at a PVC plastic sewer pipe "T." The vertical arms of the "T" shall be twice the diameter of the force main. The upper arm shall be at least four feet long; the lower arm shall terminate in a PVC plastic sewer pipe ninety-degree elbow in a flow channel directed to the manhole exit pipe. The "T" and its arms shall be securely fastened to the inside surface of the manhole wall using corrosion-resistant anchors.
A. 
All sanitary sewers or extensions to sanitary sewers, including manholes, septic tanks, grease traps and pump stations shall satisfy requirements of a final infiltration test before they will be approved and wastewater flow permitted by the Town. The infiltration test shall consist of low-pressure air testing, vacuum testing and hydrostatic pressure testing (sanitary force mains) in accordance with Subsections F, G and H. Other hydrostatic infiltration/exfiltration testing will not be allowed unless specifically approved by the Town Commissioner of Public Works and/or Water/Sewer Superintendent, and only on structures where the methods defined in Subsections F, G and H cannot be practicably instituted.
[Amended 8-26-2021 by L.L. No. 6-2021[
B. 
All sewer mains will be tested for deflection. Deflection testing shall not occur until a thirty-day settlement period has elapsed form the time the main was initially installed. All deflection testing shall be performed in the presence of the Town (or their designated representative) and will require the pulling of a ridged ball or mandrel (whose diameter is 95% of the test pipe inside diameter) through the pipe. Any length of pipe with a deflection greater than 5% shall be replaced. The test section shall be flushed prior to testing, and shall not be performed with a mechanical pulling device.
[Amended 8-26-2021 by L.L. No. 6-2021]
C. 
Test period. The test period during which the test measurements are taken shall not be less than two hours.
D. 
Pipe lamping. All sewer mains shall be tested for deflection. Prior to testing, the section shall be lamped. Any length of pipe out of straight alignment shall be realigned.
[Amended 5-26-2016 by L.L. No. 10-2016]
E. 
If pipe lamping reveals deficiencies, and/or as directed by the Town of Wallkill Sewer Superintendent, deflection testing will be required as follows: All plastic pipe in the test section shall be tested for deflection. Deflection testing shall involve the manual pulling of a rigid ball or mandrel whose diameter is 95% of the pipe inside diameter through the pipe. Any length of pipe with a deflection greater than 5% shall be replaced. The test section shall be flushed just prior to deflection testing. The test shall not be performed with a mechanical pulling device.
F. 
Low-pressure air testing.
(1) 
Low-pressure air tests shall conform to ASTM Specification F1417-11a. All sections to be tested shall be cleaned and flushed and shall have been backfilled prior to testing. Air shall be added until the internal pressure of the test section is raised to approximately 4.0 psig. The air pressure test shall be based on the time, measured in seconds, for the air pressure to drop from 3.5 psig to 2.5 psig.
[Amended 5-26-2016 by L.L. No. 10-2016]
(2) 
Acceptance is based on limits tabulated in the "Specification Time Required for a 1.0 psig Pressure Drop" in the Uni-Bell PVC Pipe Association "Recommended Practice for Low-Pressure Air Testing of Installed Sewer Pipe."
(3) 
Before pressure is applied to the line, all connections shall be firmly plugged. Before the test period starts, the air shall be given sufficient time to cool to ambient temperature in the test section.
(4) 
If the test section is below groundwater, the test pressure shall be increased by an amount sufficient to compensate for groundwater hydrostatic pressure; however, the test pressure shall not exceed 10 psi, or a lower pressure as required by the Superintendent.
(5) 
The pressure test gauge shall have been recently calibrated, and a copy of the calibration results shall be made available to the Superintendent prior to testing.
G. 
Vacuum testing.
(1) 
Vacuum testing will be required for sanitary sewer manholes. The vacuum test shall be based on the time, measured in seconds, for the vacuum to decrease from 10 inches of mercury to nine inches of mercury and be performed from the top of the casting.
(2) 
Acceptance of manholes is based on the following:
Manhole Depth
(feet)
Manhole Diameter
(feet)
Time to Drop 1 Inch Hg
(10 inches to nine inches)
(seconds)
10 or less
4
120
10 to l5
4
l50
15 to 25
4
180
(a) 
For five-foot-diameter manholes, add 30 seconds to the times above.
(b) 
For six-foot-diameter manholes, add 60 seconds to the times above.
(3) 
If the test on the manhole fails (the time is less than that tabulated above), necessary repairs shall be made and the vacuum test repeated, until the manhole passes the test.
(4) 
The vacuum test gauge shall have been recently calibrated, and a copy of the calibration results shall be made available to the Superintendent prior to testing.
H. 
Force main testing. All force mains shall be subjected to hydrostatic pressure of 150% of the normal operating pressure. The duration of the test at pressure shall be at least two hours. Before conducting the test, the pipe shall be filled with water and all air shall be expelled. During the test, water shall be added, as needed, to maintain the test pressure. The amount of water added shall be recorded so as to calculate leakage. Leakage shall not exceed 25 gallons per day per mile per inch nominal pipe diameter. During the test, the property owner and the Superintendent shall walk the route of the force main and examine the exposed pipe and the ground covering any backfilled pipe to discover leaks. Leakage in excess of that specified above shall be corrected with new material at the property owner's expense and the test repeated. Any observed leaks shall be repaired at the property owner's expense. Each test section length shall be as approved by the Superintendent, but in no event longer than 1,000 feet.
(1) 
Lateral testing. The street lateral, building lateral, or the combined lateral shall be tested for infiltration/exfiltration by:
(a) 
Any full pipe method described in this section; or
(b) 
A suitable joint method, with the prior written approval of the Superintendent.
(c) 
Visual inspection by the Sewer Superintendent or authorized Town representative from the main to the building.
[Added 5-26-2016 by L.L. No. 10-2016]
A. 
Sanitary sewers and extensions to sanitary sewers constructed at the applicant's expense shall be approved by the Superintendent. Such sewers as recommended for ownership by the Superintendent shall be accepted by the Town Board. All Town sewers shall thereafter be operated and maintained by the Town.
B. 
For all sanitary sewers that are accepted by the Commissioner of Public Works, two copies of as-built drawings shall be prepared in conformance with § 249-42C(2) and furnished to the Commissioner of Public Works. Said sewers, after their acceptance by the Town, shall be guaranteed by the applicant against defects in materials or workmanship for one year. The guarantee shall be in such form and contain such provision as deemed necessary by the Town Board, secured by a surety bond or such other security as the Town Board may approve.
[Amended 5-26-2016 by L.L. No. 10-2016]
C. 
Prior to the issuance of a temporary or final certificate of occupancy for a commercial, multifamily or cluster of single-family dwellings, copies of all sewer line low-pressure air and video inspection reports and sanitary manhole vacuum test reports are to be submitted to the Commissioner of Public Works and found acceptable. Additionally, as-built plans prepared in conformance with § 249-42C(2) are to be provided to the Commissioner of Public Works.
[Amended 5-26-2016 by L.L. No. 10-2016]
A. 
All contractors engaged in connecting house laterals with sanitary sewers, who perform any work within the right-of-way of any highway, shall apply for a street opening permit from the Town and shall comply with the rules and requirements established therein, including the submittal of appropriate fees and documentation.
B. 
Before commencing work, the above contractor shall file insurance policy endorsements with the Town Clerk for the following:
(1) 
Workers' compensation and employers' liability insurance as required by the laws of the state covering the contractor;
(2) 
Personal injury liability having limits of not less than $1,000,000 each occurrence and $1,000,000 aggregate (completed operations/products, personal injury);
(3) 
Property damage liability having limits of not less than $1,000,000 for all damages arising during the life of the contract and shall include, but not be limited to, the following designated hazards:
(a) 
Premises and operations;
(b) 
Independent contractors;
(c) 
Completed operations and products;
(d) 
Property damage; and
(e) 
Explosions, collapse and underground.
(4) 
Comprehensive automobile liability (including nonowned and hired automobiles) having limits of not less than:
(a) 
Bodily injury: each person $500,000; each occurrence $1,000,000.
(b) 
Property damage: each occurrence $1,000,000.
(5) 
Business excess liability insurance in the amount of $1,000,000.
(6) 
All insurance policies must provide for 20 business days' notice to the Town before cancellation and must cover all liabilities of the Town and be in a form approved by the Town Board and be in a satisfactory form approved by the Board.
(7) 
The minimum insurance limits stated above shall be subject to periodic review by the Town Board and adjustments made, by resolution, as appropriate.
C. 
Where it is necessary to enter upon or excavate any highway or cut any pavement, sidewalk or curbing, permission must be obtained from the Superintendent of Highways if a Town highway is involved, from the County Department of Public Works if a county highway is involved, the New York State Department of Transportation if a state highway is involved, or the Thruway Authority if a roadway under its jurisdiction is involved.
D. 
The minimum insurance limits above shall be as established by the Town Board and shall be subject to periodic review and adjustment, as appropriate, by the Town Board.
A. 
Permit required for sewer connections. No person shall uncover, make any connection with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining approval and a valid written wastewater permit from the Town Commissioner of Public Works or Water/Sewer Superintendent.
[Amended 8-26-2021 by L.L. No. 6-2021]
B. 
Inflow/infiltration prohibited. No person shall discharge or cause to be discharged any stormwater to any sanitary sewer. Swimming pool drains, roof drains and sump pumps shall not be connected to any sanitary sewer.
[Amended 8-26-2021 by L.L. No. 6-2021]
C. 
There shall be five classes of building lateral permits:
(1) 
Class 1: for residential service where household sewage only is discharged.
(2) 
Class 2: for commercial establishments other than Class 3 hereof.
(3) 
Class 3: for service to commercial or industrial establishments producing industrial wastes.
(4) 
Class 4: for service other than Class 1, Class 2 or Class 3 to include a boardinghouse, summer colony, motel, hotel, inn, dormitory, nursing home or other similar structure, but not limited thereto.
(5) 
Class 5: where interceptors are required as set forth in § 194-47 hereof or in any case where the use is subject to review and approval of the Inspector.
D. 
A permit and building lateral sewer inspection fee, which shall be set by resolution of the Town Board, shall be paid to the Town of Wallkill at the time the application is filed.
E. 
The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Inspector.
F. 
The permit application shall be accompanied by a fee to be set by resolution of the Town Board based upon the number of square feet of street opening. After construction, inspection and acceptance, the deposit will be refunded except for a nonrefundable fee, to be set by resolution of the Town Board.
A. 
A separate and 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, court, yard or driveway.
B. 
The building sewer from the front building may be extended to the rear building and the whole considered as one building sewer if approved by the Commissioner of Public Works and the Superintendent of Sewer and Water, but each building shall be considered a separate unit for the purpose of sewage service charges. At any time in the future should the use of a common building sewer be determined by the Superintendent to be inadequate for the purposes of cost allocation or enforcement of the industrial pretreatment program, then the Town may require the property owner to remedy the situation at the property owner's expense through the installation of an additional building sewer or through other approved means.
C. 
New building laterals shall not go under building basements. A building shall not be constructed over an existing lateral; the lateral shall be relocated after the Superintendent has approved plans showing the relocation. If relocation is not physically possible, then the lateral shall be:
(1) 
Exposed and totally encapsulated in not less than three inches of concrete; or
(2) 
Exposed and walled and the building rooms above positively ventilated outdoors.
D. 
All existing manholes in or under the basement shall be sealed airtight in a manner acceptable to the Superintendent. No new manholes shall be constructed on the portion of the lateral under the building.
E. 
Laterals serving several buildings. When building laterals are to serve multiple dwelling structures, the building lateral shall be sized in accordance with the metered water use and with sound professional engineering judgment.
F. 
Laterals serving complexes. Where a lateral sewer is to serve a complex of industrial, commercial, institutional, or dwelling structures, special design of the building lateral system shall be required. Such lateral sewer shall be connected to the public sewer through a manhole. The Superintendent shall determine if and where this connection to the public sewer is required. If required, a new manhole shall be installed in the public sewer pursuant to this article and the lateral connection made and tested as directed by the Superintendent. Plans and specifications shall be prepared and submitted for approval pursuant to this article.
G. 
Old building laterals. The lines outside a building leading to the curb connections or public sewer may be used by property owners only if they are watertight, gastight and meet all other specifications and, if not meeting said specifications in their entirety, may only be used with special approval of the Commissioner of Public Works.
[Amended 5-26-2016 by L.L. No. 10-2016]
H. 
Abandonment of existing sewer laterals. (Only if it is watertight, gastight, and meeting all other specifications as approved by the Sewer Department shall a suitable cap at the right-of-way be permitted). Existing laterals not deemed watertight, gastight, or meeting all other specifications shall be exposed back to the existing sewer main and suitably abandoned to the satisfaction of the Sewer Superintendent.
[Added 5-26-2016 by L.L. No. 10-2016]
A. 
Building lateral pipe materials shall be one of the following:
(1) 
Tar-coated, extra-heavy, cast-iron soil pipe conforming to ASTM Specification A-74, "Cast Iron Pipe and Fittings." All dimensions, weight and markings of the pipe shall conform to the requirements of ANSI, Designation A112.5.1, except spigot ends shall be "plain end," if gasket joints are used.
(2) 
Polyvinyl chloride (PVC) pipe and fittings conforming to ASTM Specification D-3034-73, "SDR-35 Polyvinyl Chloride (PVC) Sewer Pipe and Fittings." All pipe shall be suitable for gravity sewer service. Provisions shall be made for contraction and expansion at each joint with a rubber ring. The bell shall consist of an integral wall section stiffened with two PVC retainer rings which securely lock the solid cross-section ring into position. Minimum pipe stiffness (F/Y) at five-percent deflection shall be 46 psi when tested in accordance with ASTM Specification D-2412.
B. 
Any part of the building lateral that is located within 10 feet horizontally and 18 inches vertically of a water main or water service shall be constructed in strict accordance with the New York State Department of Health (NYSDOH) separation requirements. Cast-iron soil pipe may be required by the Superintendent where the building or street lateral is likely to be damaged by tree roots. If installed on fill or unstable ground, the building lateral shall be of cast-iron soil pipe, although other pipe material may be permitted if such pipe is uniformly supported on a poured concrete cradle approved by the Superintendent. The distance between consecutive joints, as measured along the center line of the installed pipe, shall not be less than 10 feet, except under abnormal circumstances, in which case this dimension may be diminished, if approved by the Superintendent. The size and slope of building laterals shall be subject to approval by the Superintendent, but in no event shall the internal pipe diameter be less than four inches, nor shall the pipe slope be less than 1/4 inch per foot, unless specifically approved by the Superintendent.
A. 
The connection of the building lateral to the main sewer shall be made at the main sewer at the property owner's expense. If the main sewer has not previously been provided, an extension to the main sewer will be constructed from the existing public sewer to the property line. The extension to the main sewer shall be installed with a properly sealed and covered cleanout to grade located at the property line. The cleanout shall terminate in a metal box imbedded in concrete.
B. 
At the point of connection of a building lateral to a main sewer, a standard wye fitting and sufficient one-eighth- (forty-five-degree) bend fittings shall be used. The wye fittings shall be installed so that flow in the "arm" shall transition smoothly into the flow in the public sewer. No lateral connection shall be made to the public sewer which permits the flow into the public sewer from the lateral to enter at right angles.
C. 
Connection of the interior building pipe and exterior lateral pipe may be made with the use of an approved flexible or solid coupling. The inside diameter of the fittings shall be the same diameter as the building lateral inside diameter. In situations where a flexible coupling is utilized, solid concrete blocks or concrete setting bed shall be utilized to alleviate the potential for settlement.
D. 
The cost of constructing the extension from the existing public sewer to the property line shall be at the property owner's expense; all subsequent costs and expense incidental to the installation and connection of the building lateral shall also be borne by the property owner.
E. 
The property owner shall indemnify the Town from any loss or damage that may directly or indirectly be occasioned by the installation of the building lateral.
F. 
Costs to the Town for inspection, monitoring, public sewer maintenance and repair caused by the property owner or his discharges to public sewers shall be paid by the individual property owner within 30 days of billing.
G. 
It shall be the responsibility of the property owner to maintain, repair, or replace the building lateral, as needed.
H. 
The method of connection of the building lateral to the main sewer will be dependent upon the type of sewer pipe material and in all cases, shall be approved by the Superintendent.
I. 
Maintenance of the building lateral is the responsibility of the property owner. In the event that a property is unable to discharge its wastes into the public sewer, it will be presumed that the fault is in the private connection, unless contrary facts are in evidence.
J. 
Any existing building lateral which, upon examination by the Superintendent, is determined to be in need of replacement will be replaced with a new building lateral with a property line cleanout. The replacement shall be the responsibility of the property owner. The cost of constructing the replacement building lateral and cleanout shall be at the property owner's expense.
[Amended 5-26-2016 by L.L. No. 10-2016]
The building lateral, including the wye and eighth-bend fittings, shall be connected to the main sewer extension at the time of constructing the main sewer, for each proposed lot for either immediate or future development. Laterals installed for future development shall be fitted with a standard plug approved for use by the Commissioner of Public Works. All sewer connections shall be via a properly installed saddle on the main sewer pipe. No portion of the lateral pipe shall protrude into the main sewer pipe. The location of all lateral connections shall be field marked with a two-inch-by-six-inch corrosion- and rot-resistant board. The marker board shall extend from the depth of the lateral to a minimum of two feet above grade. The location of all lateral connections shall be indicated on a drawing with a minimum of three tie lines indicated. Copies of this drawing shall be prepared in conformance with § 249-42C(2), showing the as-built location of these connections, and shall be furnished to the Superintendent. A refundable deposit shall be placed with the Town to assure receipt of these as-builts. The deposit shall be placed when application is made; the amount of the deposit shall be $100 per sheet of plans showing locations of lateral connections. No sanitary sewer shall be accepted by the Town until copies of this record as-built drawing shall be prepared in conformance with § 249-42C(2), have been so filed with the Commissioner of Public Works, and the Commissioner of Public Works has approved the submitted drawings.
A. 
When any building lateral is to serve a school, hospital, or similar institution, or public housing, or is to serve a complex of industrial or commercial buildings, or which, in the opinion of the Superintendent, will receive wastewater or industrial wastes of such volume or character that frequent maintenance of said building lateral is anticipated, then such building lateral shall be connected to the public sewer through a manhole. The Superintendent shall determine if and where this type of connection to the public sewer is required. Connections to existing manholes shall be made as directed by the Superintendent. If required, a new manhole shall be installed at the property owner's expense in the public sewer pursuant to the requirements established in § 194-24 and the lateral connection made thereto as directed by the Superintendent.
B. 
The cost to purchase and install the manhole, including all costs associated with the temporary bypass of wastewater during construction, shall be borne by the property owner.
A. 
No building lateral shall be laid parallel to or within three feet of any bearing wall which might thereby be weakened. The depth shall be sufficient to afford protection from frost. The building lateral shall be laid at a uniform grade and in a straight alignment insofar as possible. A change in direction shall be made with a forty-five-degree bend and Y-fitting with a cleanout fitting extended to grade.
B. 
The building lateral shall enter the basement through the basement wall no less than 12 inches above the basement floor. In no event shall any building lateral be placed below the basement floor, except with the expressed written approval of the Superintendent. If the first-floor elevation is lower than the overflow of the nearest manhole (rim elevation), the property owner shall install a check valve in the building lateral. The cost to install and maintain the check valve shall be borne by the property owner.
C. 
The building lateral shall be laid at uniform grade and in straight alignment insofar as possible. Changes in direction shall be made only with properly curved pipe and fittings. Changes of direction of 90° or greater shall be made with two forty-five-degree or smaller bends with a cleanout which extends to grade, terminating in a terminal box set in concrete. Any use of ninety-degree bends is prohibited unless specifically authorized by the Town of Wallkill Sewer Superintendent. The ends of all building laterals, which are not connected to the interior plumbing of the building, for any reason, shall be sealed against infiltration by a suitable stopper, plug, or other approved means.
A. 
In all buildings in which any building sanitary drain is too low to permit gravity flow to the public sanitary sewer, sanitary sewage shall be lifted by automatic equipment or by another approved method and discharged to the building sanitary sewer.
B. 
The installation, operation and maintenance and all costs associated with any automated lift equipment shall be the responsibility of the property owner.
A. 
All excavations required for the installation of a building lateral shall be open trench work unless otherwise approved by the Superintendent. Pipe laying and backfilling, regardless of pipe material used, shall be performed in general accordance with Paragraphs 3 through 6 of ASTM Specification C-12, except that trench width, measured at the top of the installed pipe, shall not exceed the outside pipe diameter plus 14 inches. No backfill shall be placed until the work has been inspected. The depth of cover over the pipe shall be sufficient to afford protection from frost, but not in any case shall such depth be less than four feet. Where it is physically impossible to provide cover of four feet, the depth may be reduced to a minimum of two feet and the pipe shall be insulated, as approved by the Superintendent. In situations where pipe insulation is proposed, it shall be designed by a Licensed New York State professional engineer and submitted to the Superintendent for review. If approved and constructed, a written certification for this work by the design professional shall be provided to the Superintendent.
B. 
All joints and connections shall be made watertight.
C. 
Cast-iron push joints. Premolded gaskets may be used for hub and plain-end cast-iron pipe joints and joints with fittings, if approved by the Superintendent. The gasket shall be a neoprene compression-type unit which provides a positive seal in the assembled joint. The gasket shall be a premolded, one-piece unit, designed for joining the cast-iron hub and plain-end soil pipe and fittings. The assembled joint shall be sealed by compression of the gasket between the exterior surface of the spigot and the interior surface of the hub. The joint shall be assembled following the manufacturer's recommendations using acceptable lubricant and special pipe-coupling tools designed for that purpose. The plain spigot end shall be forced into the hub end of the pipe for the full depth of the hub itself. Lubricant shall be a bland, flax-base, nontoxic material and shall not chemically attack the gasket material.
D. 
PVC push joints. Joints for PVC sewer pipe shall follow the manufacturer's recommendations, using properly designed couplings and rubber gaskets pursuant to the published information relating thereto and conforming to the applicable ASTM specification identified herein. No glued fittings are allowed for buried piping.
E. 
All excavation work related to installation of the building lateral shall be conducted in accordance with OSHA requirements and as established herein.
A. 
No new sanitary sewer main shall be connected to an existing sanitary sewer main which is part of the public sewer without full compliance with this section.
B. 
All new sanitary sewer main, commercial lateral, or multifamily lateral proposed to be connected to or discharging to an existing sanitary sewer main which is part of the public sewer shall be videotaped or viewed by some other electronic means and the videotape or the visual report produced by other electronic means provided to the Superintendent of Water and Sewer and the Town Engineer for review. No new sanitary sewer main, commercial lateral or multifamily lateral shall be connected to the public sewer until the Superintendent and the Town Engineer confirm that the installation of the new sanitary sewer main is in all respects proper and in accordance with the standards of Chapter 30 of the latest revision of the Ten State Standard.
C. 
In order to protect the public and the public sewer, no certificate of occupancy will be issued for any building served by a building sewer connected to a sanitary sewer main proposed to be connected to the public sewer until such time as the Superintendent of Water and Sewer or the Town Engineer has issued his written approval of the installation of the new sanitary sewer main following his review of the videotape or similar electronic printout.
D. 
In order to further protect the public and the public sewer, the requirements of this section may not be satisfied by the posting of performance security to permit the issuance of a certificate of occupancy prior to the written approval by the Superintendent of Water and Sewer or the Town Engineer.
E. 
All costs in connection with videotaping or other electronic printout as well as the reasonable administrative expenses of the Town incurred in viewing the videotape or other electronic printout shall be borne by the person seeking to connect the new sanitary sewer main to the public sewer.
A. 
All excavations for constructing building laterals shall be adequately protected 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 Superintendent. When installation requires disturbance of paved public roads and shoulders, restoration shall include pavement and subbase work. The property owner or builder shall apply for a street opening permit from the Town and shall complete road and shoulder restoration to the Town standards, while complying with all OSHA requirements.
Building (house) traps shall be prohibited, except where conditions necessitate such traps as required by the Town Building Inspector.
A. 
New inflow sources prohibited. No connections shall be made to a sanitary or to a combined sewer which connections are intended to discharge inflow. Such prohibited connections include, but are not limited to, footing drains, roof leaders, roof drains, cellar drains, sump pumps, catch basins, uncontaminated cooling water discharges, or other sources of inflow.
B. 
Existing inflow sources disconnected. For properties where separate storm sewers are available within 100 feet of the property line or where, in the judgment of the Superintendent, sufficient natural drainage is available, connections which contribute inflow to the sanitary sewers must be disconnected in a fashion approved by the Superintendent, prior to the sale of the property.
C. 
Existing inflow sources disconnected when property sold. Upon notice from the Tax Assessor, the Superintendent shall inspect any newly sold property for the purpose of determining if storm sewers or natural drainage is available and, if so, if all connections which contribute inflow have been disconnected.
D. 
No reconnection of inflow source allowed. It shall be a willful violation of this article for any person to reconnect any inflow source which has been disconnected pursuant to this article.
E. 
Charges for inflow. The Superintendent is enabled to take whatever action is necessary to determine the amount of inflow, including the requirement for installation of a control manhole. The property from which the inflow originated shall be billed for inflow according to this article; however, the Town Board may cause a surcharge at a rate not to exceed five times that for normal sewage volume charge.
F. 
Trench water will not be allowed to enter the public sewer, unless specifically authorized. The building sewer trench shall be completely dewatered before the tap is made into the public sewer system.
Alternate materials and methods of construction may be used only if they have been specifically approved by the Superintendent. The Superintendent may approve any alternate, provided that the proposed design is satisfactory and complies with the intent of this article and that the material or method of work offered is, for the purpose intended, at least the equivalent of that here prescribed in quality, strength, effectiveness, durability and safety.
A. 
Acceptance of hauled waste is subject to Town Board approval and shall be allowed only through passage of a resolution by the Town Board. If such resolution is passed, trucked or hauled waste shall be allowed in accordance with the requirements established herein.
B. 
Authorization to discharge. The discharge of trucked or hauled wastes into the Town sewer system and public sewers tributary thereto will be permitted only with the written approval of the Superintendent. Applicants shall apply on a form provided by the Superintendent. These forms may require information such as vehicle specifications, vehicle license number, vehicle color, NYSDEC permits issued under 6 NYCRR Part 364, approximate annual septage volume expected, service area, and any other information that the Superintendent may require to determine whether the trucked or hauled wastes could adversely impact the POTW. The application shall be accompanied by a fee.
C. 
The permittee will also be charged a fee for each dumping. The dumping fee shall be paid prior to dumping and shall be set by the Town Board.
D. 
The permittee shall be the property owner of the vehicle or vehicles to be used for such discharge. Any false or misleading statement in any license application shall be grounds for invalidating the license. All licenses issued by the Superintendent for this purpose shall be for one year. The licensee shall also be duly permitted by the NYSDEC under 6 NYCRR Part 364 ("364 permit"). If for any reason the 364 permit is revoked, the 364 permit lapses or becomes invalid, then the license shall be terminated. All acts performed in connection with the license shall be subject to the inspection and regulations, as established by the Superintendent, the terms and conditions of the license and all local and general laws, ordinances, and regulations which are now or may come into effect, and such license may be suspended or revoked, at any time, by the Superintendent for willful, continued, or persistent violation thereof.
E. 
Dumping location and timing. The Superintendent may require discharging at only certain locations within the POTW, and only at certain times, and on only certain days of the week, or seasons of the year as shall be stated on said license or as may be relocated by the Superintendent, after appropriate notice. The time and conditions for permissible discharge shall be as set forth on the license or as may be revised by the Superintendent, after appropriate notice.
F. 
Notification of dumping. Each discharge of trucked or hauled wastes shall be made only with the approval of the Superintendent. The Superintendent may require inspection, sampling, and analysis of each load prior to the discharge of a load. Any extra costs associated with such inspection, sampling, and analysis shall be paid by the licensee.
G. 
Charges for trucked and hauled wastes. The charge for treatment and disposal of trucked or hauled waste which has been introduced into the POTW shall be as established by the Town Board. The manner of determining the volume dumped shall be at the discretion of the Superintendent.
H. 
The Superintendent shall have the right to refuse any hauled waste if, in his best judgment, the acceptance of such waste may cause process upset, jeopardize worker safety, or cause contravention of any regulatory requirements.
I. 
All fees required to be paid pursuant to this article shall be set by resolution of the Town Board.
[Amended 8-26-2021 by L.L. No. 6-2021]
A. 
Upon approval and issuance of a valid wastewater discharge permit from the Town Commissioner of Public Works or Water/Sewer Superintendent, stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers or to a natural outlet, which natural outlet has been approved by the Town Commissioner of Public Works or Water/Sewer Superintendent and the Department of Environmental Conservation (DEC).
B. 
At the discretion of and upon approval and a written valid wastewater permit from the Town Commissioner of Public Works or Water/Sewer Superintendent, noncontact industrial cooling water drains may be connected to a sanitary sewer or stormwater system, subject to sampling and analytical results on the noncontact industrial cooling water, acceptable to the Commissioner of Public Works.
[Amended 8-26-2021 by L.L. No. 6-2021]
A. 
No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will interfere with the operation or performance of the POTW. These general prohibitions apply to all such users of a POTW whether or not the user is subject to National Categorical Pretreatment Standards or any other national, state or local pretreatment standards or requirements.
B. 
Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer:
(1) 
Liquid or vapor having a temperature higher than 150° F. or in such quantities that the temperature at the sewage treatment plant influent exceeds 104° F. (40° C.).
(2) 
Water or waste which may contain more than 50 parts per million, by weight, of fat, oil or grease.
(3) 
Any gasoline, benzene, naphtha, fuel or other flammable or explosive liquid, solid or gas, which, by reason of their nature or quantity, are or may be sufficient, either alone or by interaction with other substances, to cause fire or explosion or be injurious in any other way to the POTW or to the operation of the POTW. These also include any other substances which the Town, New York State or EPA has notified the user about as a potential fire hazard or as a hazard to the sewer and treatment system.
(4) 
Any garbage that has not been properly shredded.
(5) 
Any ashes, cinders, sand, mud, straw, shaving, metal, glass, rags, feathers, tar, plastics, wood, paunch manure or any other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works.
(6) 
Any wasters or wastes having a pH lower than 6.0 or higher than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works.
(7) 
Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals or create any hazard in the receiving waters of the sewage treatment plant. A toxic pollutant shall include, but not be limited to, any pollutant identified pursuant to 307(a) of the Act,[1] any of the following toxic contaminants and any other toxic contaminant which is identified as having a similar nature.
(a) 
Aldrin.
(b) 
Benzidine and salts.
(c) 
DDT, DDD and DDE.
(d) 
Endrin.
(e) 
Mercury and compounds.
(f) 
PCBs (polychlorinated biphenyls).
(g) 
Toxaphene.
(h) 
Alkanes, alkenes and alkynes.
(i) 
Aliphatic and aromatic alcohols and acids.
(j) 
Aliphatic and aromatic aldehydes and ketones.
(k) 
Aliphatic and aromatic esters.
(l) 
Aliphatic and aromatic halogenated compounds.
(m) 
Aliphatic and aromatic nitro, cyano and amino compounds.
(n) 
Antibiotics.
(o) 
Benzene derivatives.
(p) 
Chemical compounds which, upon acidification, alkalinization, oxidation or reduction, in the discharge or after admixture with wastewater and its components in the POTW, produce toxic, flammable, or explosive compounds.
(q) 
Pesticides, including algicides, fungicides, herbicides, insecticides, rodenticides, phthalates.
(r) 
Polyaromatic and polynuclear hydrocarbons.
(s) 
Total toxic organics, TTO, as defined in 40 CFR 433.11.
(t) 
Toxic organic compounds regulated by federal pretreatment standards.
(u) 
Unsaturated aliphatics, including those with an aldehyde, ketone or nitrile functional group.
(v) 
Viable pathogenic organisms from industrial processes or hospital procedures.
[1]
Editor's Note: See 33 U.S.C. § 1317(a).
(8) 
Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant.
(9) 
Any noxious or malodorous liquids, gases or solids which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair.
(10) 
In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge disposal criteria, guidelines or regulations developed under 405 of the Federal Water Pollution Control Act;[2] any criteria, guidelines or regulations affecting sludge disposal developed pursuant to the Solid Waste Disposal Act;[3] the Clean Air Act[4] or the Toxic Substances Control Act;[5] or state criteria applicable to the sludge management method being used.
[2]
Editor's Note: See 33 U.S.C. § 1345.
[3]
Editor's Note: See 42 U.S.C. § 6901 et seq.
[4]
Editor's Note: See 42 U.S.C. § 7401 et seq.
[5]
Editor's Note: See 15 U.S.C. § 2601 et seq.
(11) 
Any substance which will cause the POTW to violate its SPDES permit or the receiving water quality standards.
(12) 
Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions.
(13) 
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 Superintendent for such materials.
(14) 
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.
(15) 
Any pollutants, including oxygen demanding pollutant (BOD, etc.), released at a flow rate and/or pollutant concentration which a user knows or has reason to know will cause interference to the POTW. In no case shall a slug load have a flow rate or contain concentration or qualities of pollutants that exceed, for any time period longer than 15 minutes, more than five times the average twenty-four-hour concentration, quantities or flow during normal operation.
(16) 
Any wastewater containing 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.
(17) 
Any wastewater which causes a hazard to human life or creates a public nuisance.
C. 
When the Superintendent determines that a user(s) is contributing to the POTW any of the above-enumerated substances in such amounts as to interfere with the operation of the POTW, the Superintendent shall advise the user(s) of the impact of the contribution on the POTW and develop effluent limitation(s) for such user to correct the interference with the POTW.
A. 
Grease, oil and sand interceptors shall be provided at the property owner's expense 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 and other harmful ingredients, except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Superintendent and shall be so located as to be readily and easily accessible for cleaning and inspection.
B. 
Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight, and equipped with easily removable covers which, when bolted in place, shall be gastight and watertight.
C. 
Maintenance of interceptors. Where installed, all grease, oil and sand interceptors shall be maintained by the property owner at his expense in continuously efficient operation at all times. A grease trap maintenance agreement, as further described in Subsection D(2), will be required to be executed with the Town for all grease, oil, and sand interceptors.
[Amended 5-26-2016 by L.L. No. 10-2016]
D. 
Uses requiring interceptors.
(1) 
Garages and automobile washing establishments. No person operating or owning a commercial garage or automobile wash rack shall permit any sewage or effluent therefrom to flow into any public sewer or house connection sewer unless such wash rack is roofed over and is equipped with a standard sand and grease trap approved by the Superintendent.
(2) 
Food preparation and food handling facilities.
(a) 
All food preparation facilities must install concrete septic tank grease interceptors designed and installed in accordance with NYSDEC Guidelines (2014 or date of latest revision), Detail 9/S (Commercial Grease Interceptor) of the Town Sewer Code, and receive approval from the Superintendent. The grease trap must be sized and maintained so that no more than 50 parts per million, by weight, of oil, fat, or grease can be discharged. In addition to the above, all commercial projects with an interior or exterior grease trap are required to enter into a grease trap maintenance agreement with the Town of Wallkill.
[Amended 5-26-2016 by L.L. No. 10-2016]
(b) 
In certain situations where the subject facility is not new construction but renovation of an existing facility and the subject facility is not a food preparation facility but determined by the Sewer Superintendent, at his sole discretion, to be a food handling and/or eating and drinking facility, the Sewer Superintendent may, at his sole discretion, allow for the installation of an internal hydromechanical grease interceptor (HGI) in lieu of the exterior septic tank grease interceptor. A "food handling facility," as determined by the Sewer Superintendent, is to be generally defined as a facility which reheats and/or serves preprepared food products and a facility which does not require cooking or frying with oil. In these situations, the following will apply:
[1] 
The owner/operator/tenant of the facility, through their design professional engineer, shall submit for review by the Sewer Superintendent a signed and sealed submission, including but not limited to the proposed HGI to be utilized; catalog cuts; installation details; engineered calculations showing proposed flow rates, grease loadings, etc., and ability of the proposed interceptor to handle calculated flow.
[2] 
A maintenance proposal/agreement must be prepared by the owner/operator/tenant and his or her design professional engineer and submitted to the Sewer Superintendent for review and comment. This maintenance proposal/agreement shall, at a minimum, include the following:
[a] 
Narrative description and schedule of the proposed maintenance and disposal process to be implemented.
[b] 
Description of and agreement to provide copies of all maintenance and disposal reports to the Town on an annual basis.
[c] 
Agreement to allow access to the installed grease trap by authorized Town representatives at any time during operation to visually observe its operational and maintenance status.
[d] 
Agree that the owner accepts that he or she is subject to a fine of $1,000 per occurrence for lack of maintenance and/or tampering with the grease traps that allows a discharge of grease/oil into the municipal sewer system.
[e] 
Agreement that the owner will reimburse the Town for the cost of a visual inspection and report preparation of the HGI ($350 plus expenses) by its authorized representatives on an as-needed basis. It is the intent that these inspections will be made on an annual basis but can be more frequent if violations of this section are observed.
[3] 
All proposed HGIs shall be of injection-molded construction (e.g., Endura grease interceptor, as manufactured by Canplas Industries, Ltd.) or be an approved equal (OAE) as determined at the sole discretion of the Sewer Superintendent.
[4] 
All proposed HGIs are to be located internally and shall:
[a] 
Be installed per manufacturer's instruction;
[b] 
Be sized and maintained so that no more than 50 parts per million, by weight, of oil, fat, or grease can be discharged;
[Amended 5-26-2016 by L.L. No. 10-2016]
[c] 
Include a dedicated flow control device (FCD) supplied by the HGI manufacturer to limit the interceptor to its rated capacity;
[d] 
Include an air intake installed immediately following the flow control device and installed per manufacturer's instructions;
[e] 
Be capable of withstanding operational temperatures up to 220° F.;
[f] 
Be certified to the current version of Standards PDI-G101 and ASME A112.14.3 being visibly marked as such; and
[g] 
Fully comply with all applicable sections of the New York State Plumbing Code (date of latest revision).
(3) 
Industrial sand and grease interceptors required. Every fowl or animal slaughterhouse and every meatpacking or meat-curing establishment and all equipment in any soap factory, tallow-rendering, wool-pulling, hide-tanning or hide-curing establishment or other industry from which any considerable amounts of grease or sand are to be discharged shall be connected with the public sewer through a grease trap or sand and grease trap as hereinafter provided.
A. 
Any significant industrial user, as a condition for the use of the public sewer system, shall conform to the preliminary treatment requirements and the reporting requirements established by this article and by the Regional Administrator, United States Environmental Protection Agency. The standards for pretreatment and resulting discharge by such user shall be those established from time to time by the Regional Administrator and/or by the terms of any discharge permit issued to the Town by the Regional Administrator. The reports required herein shall be those established and required either by the Department of Public Works of the Town of Wallkill or by the Regional Administrator.
B. 
Upon the promulgation of the federal categorical pretreatment standards for a particular industrial subcategory, the federal standard, if more stringent than limitations imposed under this article for sources in that subcategory, shall immediately supersede the limitations imposed under this article. The Superintendent shall notify all affected users of the applicable reporting requirements under 40 CFR 403.12. Where the Town's wastewater treatment system achieves consistent removal of pollutants limited by federal pretreatment standards, the Town may apply to the approval authority for modification of specific limits in the federal pretreatment standards. "Consistent removal" shall mean reduction in the amount of a pollutant or alteration of the nature of the pollutant by the wastewater treatment system to a less toxic or to a harmless state in the effluent which is achieved by the system in 95% of the samples taken when measured according to the procedures set forth in Section 403.7(c)(2) of Title 40 of the Code of Federal Regulations, Part 403, "General Pretreatment Regulations for Existing and New Sources of Pollution," promulgated pursuant to the Act. The Town may then modify pollutant discharge limits in the federal pretreatment standards if the requirements contained in 40 CFR 403.7 are fulfilled and prior approval from the approval authority is obtained. State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations or those in this article.
C. 
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. Significant industrial users with applicable waste discharge components shall meet pretreatment standards and any other applicable requirements promulgated by the EPA in accordance with Section 307 of FWPCAA.
D. 
Industries must provide information describing wastewater constituents and characteristics and the type of activity involved. Specific information is required in the initial application on the anticipated flow, pH, settleable and floating solids, suspended solids, oil and grease, BOD, ammonia nitrogen, total Kjeldahl nitrogen, phosphorus, coliform and fecal coliform bacteria and heavy metals concentrations or values anticipated as well as other specific parameter levels as determined by the Superintendent.
E. 
Control of waste limits.
[Amended 8-26-2021 by L.L. No. 6-2021]
(1) 
The following table shall control the waste limits, being the maximum concentrations that can be discharged into the sewer system based upon any single sample during a given day. The following table shall not be construed as to exclude other materials not listed therein and which may have similar adverse effects requiring limitations:
Local Limits
Parameter
Discharge Limit
(proposed as mg/l, except pH and temperature)
Temperature
150° F.
pH
6.0 to 9.0
Aluminum
20
Ammonia NH3-N (free)
30
Antimony
1.0
Arsenic
0.05
Benzidine
0.1
BEHP1
1.0
CBOD
300
COD
600
Cadmium
0.05
Chromium (total)
0.5
Copper
0.5
Cyanide
0.5
Fluoride
5.0
Iron
3.0
Lead
0.5
Manganese
3.0
Mercury
0.05
Molybdenum
0.1
Nickel
0.5
Oil and grease
50
Phenolics
0.5
Phosphorus (total)
5
Selenium
0.1
Silver (as free ion)
0.1
Sulfide
2.0
Toulene
3
Total Suspended Solids
300
Total Solids
4,000
Zinc
0.5
1Bis(2-ethyhexyl)phtalate
F. 
Limitations on wastewater strength or mass discharge contained in this article may be supplemented with more stringent limitations when, in the opinion of the Superintendent:
(1) 
The limitations in this article are not sufficient to protect the POTW;
(2) 
The limitations in this article are not sufficient to enable the POTW treatment plant to comply with applicable water quality standards or the effluent limitations specified in the POTW's SPDES permit;
(3) 
The POTW sludge will be rendered unacceptable for disposal or reuse as the Town desires, as a result of discharge of wastewaters at the above prescribed concentration limitations;
(4) 
Municipal employees or the public will be endangered; or
(5) 
Air pollution and/or groundwater pollution will be caused.
G. 
The limitations on wastewater strength or mass discharge shall be recalculated not less frequently than once every five years. The results of these calculations shall be reported to the Town Board. This article shall then be amended appropriately. Any issued industrial wastewater discharge permits which have limitations based directly on any limitations which were changed shall be revised and amended, as appropriate.
H. 
Accidental discharges. Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this article. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the property owner's or user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the Town for review and shall be approved by the Town before construction of the facility. All existing users shall complete such a plan by January 1, 1983. No user who commences contribution to the POTW after the effective date of this article shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the Town. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements of this article. In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the POTW of the incident. The notification shall include location of discharge, type of waste, concentration and volume and corrective actions. Within five days following an accidental discharge, the user shall submit to the Superintendent a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the POTW, fish kills or any other damage to person or property, nor shall such notification relieve the user of any fines, civil penalties or other liability which may be imposed by this article or other applicable law. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall ensure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure.
A. 
Where preliminary treatment facilities are required under this article, they shall be maintained continuously in satisfactory and effective operation by the property owner at the property owner's expense.
B. 
Where the effluent from any industrial plant shall not meet the standards required by this article, then the Town may, upon such notice as the Town deems adequate, cut off the discharge of effluent into the sewer system by the offending industry.
A. 
Notification to industrial users. The Superintendent shall, from time to time, notify each industrial user of applicable pretreatment standards and of other applicable requirements under Sections 204(B) and 403 of the Clean Water Act and Subtitles C and D of RCRA.
B. 
Wastewater discharges. No significant industrial user shall discharge wastewater to the POTW without having a valid wastewater discharge permit issued by the Superintendent. Significant industrial users shall comply fully with the terms and conditions of their permits in addition to the provisions of the article. Violation of a permit term or conditions shall be deemed violation of this article.
C. 
Other industrial users. The Superintendent may issue wastewater discharge permits to other industrial users of the POTW if it is in the best interest of the Town and necessary to prevent process upset, to reduce the health or safety risk posed to the public or workers, or to prevent contravention of any environmental requirement (sludge standard, water quality, etc.).
D. 
Access to private premises. The Superintendent, bearing proper credentials and identification, shall be permitted to enter all private premises for the purpose of inspection, observation, measurement, sampling, repair, and maintenance.
E. 
Special agreements.
(1) 
Nothing in this article shall be construed as preventing any special agreement or arrangement between the Town and any user of the POTW whereby wastewater of unusual strength or character is accepted into the POTW and specially treated, subject to any payments or user charges, as may be applicable. In entering into such a special agreement, the Town Board shall consider whether the wastewater will:
(a) 
Pass through or cause interference.
(b) 
Endanger the public municipal employees.
(c) 
Cause violation of the SPDES permit.
(d) 
Interfere with any purpose stated herein.
(e) 
Prevent the equitable compensation to the Town for wastewater conveyance and treatment and sludge management and disposal.
(2) 
No discharge which violates the federal pretreatment standards will be allowed under the teens of such special agreements.
(3) 
No agreement shall be entered into without the user having been issued and presently having a permit to discharge wastes into the POTW for treatment and disposal. Additionally, the user shall be in compliance with all conditions in the permit and shall not be in arrears in any charges due to the Town before the agreement is entered into. The Town Board may condition the agreement in its sole discretion and judgment.
F. 
Permit application. Users required to obtain an industrial wastewater discharge permit shall complete and file with the Town an application in the form prescribed by the Town and accompanied by a fee of $250. Existing users shall apply for a wastewater contribution permit within 180 days after the effective date of this article, and proposed new users shall apply at least 90 days prior to connecting to or contributing to the POTW. At the sole discretion of the Commissioner of Public Works the permittee may petition the Town for a discount (up to 40%) on industrial sewer use fees, based on actual water usage. In this situation, the permittee must submit a plan to the Commissioner of Public Works for review and approval detailing how and where the water usage will be metered, along with subsequent quantitative data supporting actual usage. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:
[Amended 5-26-2016 by L.L. No. 10-2016]
(1) 
Name, address and location (if different from the address).
(2) 
SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended.
(3) 
Wastewater constituents and characteristics, including, but not limited to, those mentioned in this article as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act[1] and contained in 40 CFR Part 136, as amended.
[1]
Editor's Note: See 33 U.S.C. § 1314(g).
(4) 
Time and duration of contribution.
(5) 
Average daily and sixty-minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any.
(6) 
Description of activities, facilities and plant processes on the premises, including all materials which are or could be discharged.
(7) 
Where known, the nature and concentration of any pollutant in the discharge which is limited by any Town, state or federal pretreatment standards, and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance (O and M) and/or additional pretreatment is required for the user to meet applicable pretreatment standards.
(8) 
If additional pretreatment and/or operation and maintenance will be required to meet the pretreatment standards, the shortest time schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the Superintendent including whether or not it complied with the progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay and the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the Superintendent.
(9) 
Type and amount of raw materials processed (average and maximum per day).
(10) 
Number and type of employees and hours of operation of the plant and proposed or actual hours of operation of pretreatment system.
(11) 
Any other information as may be deemed by the Town to be necessary to evaluate the permit application.
G. 
The Town will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the Town may issue a wastewater discharge permit subject to terms and conditions provided herein.
H. 
Permit modifications. Within nine months of the promulgation of a National Categorical Pretreatment Standard, the wastewater discharge permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user subject to a National Categorical Pretreatment Standard has not previously submitted an application for a wastewater contribution permit as required, the user shall apply for a wastewater discharge permit within 180 days after the promulgation of the applicable National Categorical Pretreatment Standard. In addition, the user with an existing wastewater discharge permit shall submit to the Superintendent within 180 days after the promulgation of an applicable federal categorical pretreatment standard the information required by Subsection F(1) through (11) of § 194-50.
I. 
Permits duration. Permits shall be issued for a specified time period, not to exceed three years. A permit may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the Town during the term of the permit. The user shall be informed of any proposed changes in his permit at least 90 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
[Amended 8-26-2021 by L.L. No. 6-2021]
J. 
Permit transfer. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new property owner, new user, different premises or a new or changed operation without the approval of the Town. Any succeeding property owner or user shall also comply with the terms and conditions of the existing permit.
K. 
Periodic compliance reports. Any user subject to a pretreatment standard, after the compliance date of such pretreatment standard or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the Superintendent during the month of June, unless required more frequently in the pretreatment standard or by the Superintendent through the wastewater discharge permit issued to the industrial user, a report indicating the user's compliance with the requirements. The report shall include, but not be limited to, such parameters as flow rate and concentration in the effluent of parameters indicated in the local limits or wastewater discharge permit. At the discretion of the Superintendent and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Superintendent may agree to alter the months during which the above reports are to be submitted.
A. 
As a means of determining compliance with this article, with applicable SPDES permit conditions, and with applicable state and federal law, each industrial user shall be required to notify the Superintendent of any new or existing discharges to the POTW by submitting a completed industrial wastewater survey (IWS) form to the Superintendent. The Superintendent may require any user discharging wastewater into the POTW to file wastewater discharge surveys and to supplement such surveys as the Superintendent deems necessary. All information shall be furnished by the user in complete cooperation with the Superintendent.
B. 
Based upon the information provided in the surveys, the Superintendent may require the user to apply for a wastewater discharge permit. The wastewater discharge permit will establish discharge limits, reporting requirements, and response actions.
No person shall cause the discharge of slugs to the POTW. Each person discharging into the POTW greater than 100,000 gallons per day shall install and maintain on his property and at his expense a suitable storage and flow control facility to insure equalization of flow over a twenty-four-hour period. The facility shall have a capacity for at least 50% of the daily discharge volume and shall be equipped with alarms and a rate of discharge controller, the regulation of which shall be directed by the Superintendent. A wastewater discharge permit may be issued solely for flow equalization.
A. 
The Town may require to be provided and operated at the user's own expense monitoring facilities to allow inspection, sampling and flow measurement of the building sewer and/or internal drainage systems. The monitoring facility should normally be situated on the user's premises, but the Town may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles. There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user. Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the Town's requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification by the Town.
B. 
Inspection and sampling.
(1) 
The Town shall inspect the facilities of any user to ascertain whether the purpose of this article is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the Town or its representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination or in the performance of any of its duties. The Town approval authority, the NYSDEC and the EPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that upon presentation of suitable identification, personnel from the Town approval authority, the NYSDEC and the EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.
(2) 
The Superintendent and other duly authorized employees of the Town, whether direct employees or subcontractors thereof, New York State and/or the EPA bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this article. The Superintendent or his representatives 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.
C. 
Revocation of permit.
(1) 
Any user who violates the following conditions of this article or applicable state and federal regulations is subject to having his permit revoked in accordance with the procedures of this article:
(a) 
Failure of a user to factually report the wastewater constituents and characteristics of his discharge;
(b) 
Failure of the user to report significant changes in operations or wastewater constituents and characteristics;
(c) 
Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring; or
(d) 
Violation of conditions of the permit.
(2) 
Whenever the Town finds that any user has violated or is violating this article, the wastewater contribution permit or any prohibition, limitation or requirements contained herein, the Town may serve upon such person a written notice stating the nature of the violation. Within 30 days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the Town by the user.
D. 
Legal action. If any person discharges sewage, industrial wastes or other wastes into the Town's wastewater disposal system contrary to the provisions of this article, federal or state pretreatment requirements or any order of the Town, the Town Attorney may commence an action for appropriate legal and/or equitable relief in the court of this county.
The additional charges and fees associated with the operation of the pretreatment program shall be assessed against the industrial users by the Superintendent and include:
A. 
Reimbursement of costs of setting up and operating the pretreatment program;
B. 
Issuing permits;
C. 
Monitoring, inspections, and surveillance procedures;
D. 
Costs of equipment and supplies;
E. 
Reviewing accidental discharge procedures;
F. 
Construction inspections;
G. 
Filing appeals;
H. 
Application for consistent removal status as outlined in 40 CFR 403; and/or
I. 
Other reasonable expenses to carry out the program to satisfy the requirements of this article, the NYSDEC, and the federal government. All laboratory costs or costs of any subcontractor the Town chooses to use for specialty services associated with implementation or development of the pretreatment program.
The Town Board may reject a user's wastewater, on recommendation of the Superintendent, when it has been determined that the wastewater contains substances or possesses characteristics which have a deleterious effect on the POTW and its processes, or on the receiving water, or which constitute a public nuisance or hazard.
No unauthorized person shall maliciously, willfully or negligently break, damage, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the municipal sewage works.
In order that the industrial user's employees be informed of the Town requirements, a notice shall be permanently posted on appropriate bulletin boards within the user's facility advising employees of the Town requirements and whom to call in case of an accidental discharge in violation of this article.
A. 
When requested, the Superintendent shall make available to the public, for inspection and/or copying, information and data on industrial users obtained from reports, questionnaires, permit applications, permit and monitoring programs, and inspections, unless the industrial user specifically requests and is able to demonstrate to the satisfaction of the Superintendent that such information, if made public, would divulge processes or methods of production entitled to protection as trade secrets of the user. Wastewater constituents and characteristics and reports of accidental discharges shall not be recognized as confidential.
B. 
Confidential information shall not be made available for inspection and/or copying by the public but shall be disclosed, upon written request, to governmental agencies, for uses related to this article, or the SPDES permit, providing that the governmental agency making the request agrees to hold the information confidential, in accordance with state or federal laws, rules and regulations. The Superintendent shall provide written notice to the industrial user of any disclosure of confidential information to another governmental agency.
Any person who shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, apparatus or equipment which is part of the municipal sewer system shall be deemed to have violated this article. Any person who commits or permits any acts in violation of any of the provisions of this article shall be deemed to have committed an offense against such article and shall be liable for the penalties provided. A separate offense against this article shall be deemed committed on each day during or on which a violation occurs or continues. A separate penalty may be imposed for each separate offense.
A. 
The Superintendent shall prepare an enforcement response plan. The enforcement response plan, in a step-by-step fashion, shall outline the procedures to be followed to identify, document, and respond to violations by users of the POTW. All violations by users of the POTW shall be met with some type of enforcement response. The response shall be comprehensive and effective.
B. 
The enforcement response plan shall:
(1) 
Describe how the Superintendent will investigate instances of noncompliance.
(2) 
Describe the types of escalated enforcement actions that the Superintendent will take in response to all anticipated types of user violations and the time periods within which to initiate and follow up these actions.
(3) 
Adequately reflect the Town Board's responsibility to enforce all applicable standards and requirements.
C. 
The enforcement response plan shall contain:
(1) 
Criteria for scheduling periodic inspection and/or sampling visits to POTW users.
(2) 
Forms and guidelines for documenting compliance data in a manner which will enable the information to be used as evidence.
(3) 
Systems to track due dates, compliance schedule milestones, and pending enforcement actions.
(4) 
Criteria, responsible personnel, and procedures to select and initiate an enforcement action.
D. 
The range of appropriate enforcement actions shall be based on the nature and severity of the violation and other relevant factors, such as:
(1) 
Magnitude of the violation;
(2) 
Duration of the violation;
(3) 
Effect of the violation on the receiving water;
(4) 
Effect of the violation on the POTW;
(5) 
Effect of the violation on the health and safety of the POTW employees;
(6) 
Compliance history of the user;
(7) 
Good faith of the user; and
(8) 
Shall promote consistent and timely use of enforcement remedies.
E. 
The Town Board shall approve the enforcement response plan. The enforcement response plan shall be reviewed at least every five years.
A. 
For each violation of a provision of this article, the person violating the same shall be subject to a fine of not more than $1,000 or imprisonment not to exceed six months, or to both such fine and imprisonment.
B. 
Any person violating this article shall be subject to a civil penalty enforceable and collectible by the Town in the amount of $1,000 for each offense.
C. 
In addition to the above-provided penalties, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of such article.
The Town Board shall provide public notification, in the official newspaper, of users which were in significant noncompliance of local or federal pretreatment standards or requirements since the last such notice. The frequency of such notices shall be at least once per year.
A. 
The Town shall maintain and keep proper books of records and accounts for the POTW, separate from all other records and accounts, in which shall be made full and correct entries of all transactions relating to the POTW. The Town will cause an annual audit of such books of record and account for the preceding fiscal year to be made by a certified public accountant and will supply such audit report to authorized officials, and the public, on request.
B. 
In conjunction with the audit, there shall be an annual review of the sewer charge system to determine if it is adequate to meet expenditures for all programs for the coming year.
C. 
Classification of old and new industrial users should also be reviewed annually.
D. 
The Town shall maintain and carry insurance on all physical properties of the POTW of the kinds and in the amounts normally carried by public utility companies and municipalities engaged in the operation of sewage disposal systems. All moneys received for losses under any such insurance policies shall be applied solely to the replacement and restoration of the property damaged or destroyed.
The nature and requirements of all formal procedures for applying for a permit and for requesting a permit under this article and for requesting a hearing shall be formulated by the Town and be made available upon request.
The provisions of any local law in conflict with any provision of this article are hereby repealed.
Each provision of this article is severable from the others, so that if any provision is held to be illegal or invalid for any reason whatsoever, such illegal or invalid provision shall be severed from this article that shall nonetheless remain in full force and effect.
The Town Board may determine and order by resolution that the total cost, including penalty and interest aforesaid, may be collected in annual installments with other Town taxes and charges, any balance of such total cost to remain a lien upon the property until fully paid.
This article shall take effect immediately upon filing in the office of the Secretary of State in Albany.
A. 
To the Town of Wallkill: The undersigned being the ________ of the property located at _____________________________________ does hereby request a permit to _____________________ an industrial sewer connection serving __________________________, which company is engaged in ________________________at said location.
B. 
A plan of the property showing accurately all sewers and drains now existing is attached hereunto as Exhibit A.
C. 
Plans and specifications covering any work proposed to be performed under this permit is attached hereunto as Exhibit B.
D. 
A complete schedule of all process waters and industrial wastes produced or expected to be produced at said property, including a description of the character of each waste, the daily volume and maximum rates of discharge, representative analyses and compliance with any applicable pretreatment standard or requirements is attached hereunto as Exhibit C.
E. 
The name and address of the person or firm who will perform the work covered by this permit is: ____________________________________
F. 
In consideration of the granting of this permit, the undersigned agrees:
(1) 
To furnish any additional information relating to the installation or use of the industrial sewer for which this permit is sought as may be requested by the town.
(2) 
To accept and abide by all provisions of Ordinance No. ____ of the Town of Wallkill, and of all other pertinent ordinances or regulations that may be adopted in the future.
(3) 
To operate and maintain any waste pretreatment facilities, as may be required as a condition of the acceptance into the wastewater treatment system of the industrial wastes involved, in an efficient manner at all times and at no expense to the town.
(4) 
To cooperate at all times with the town and its representatives in their inspecting, sampling and study of the industrial wastes and any facilities provided for pretreatment.
(5) 
To notify the town immediately in the event of any accident, or other occurrence that occasions contribution to the wastewater treatment system of any wastewater or substances prohibited or not covered by this permit.
Date:
Signed
$
inspection fee paid
Application approved and permit granted:
Date:
Signed
[Amended 8-26-2021 by L.L. No. 6-2021]
A. 
A sample industrial wastewater discharge permit is included herein. The specific requirements established in each industrial wastewater discharge permit shall be established by the Town based on the plans, specifications, permit application, industrial wastewater survey, and other data submitted to the Town in support thereof.
Figure 12-S - Sample Industrial
Wastewater Discharge Permit
Permit No.
__________
TOWN OF WALLKILL
DEPARTMENT OF WATER AND SEWER WASTEWATER DISCHARGE PERMIT
DATE OF ISSUANCE:
__________
EFFECTIVE DATE:
__________
EXPIRATION DATE:
__________
COMPANY NAME:
__________
MAILING ADDRESS:
__________
FACILITY ADDRESS:
__________
The above Industrial User is authorized to discharge industrial wastewater to the Town of Wallkill sewer system according to the Town's Sewer Use Ordinance, any applicable provisions of Federal or State law or regulations, effluent limitations, monitoring requirements, and other conditions set forth herein.
Compliance with the Town of Wallkill Sewer Use Ordinance will be assessed through wastewater discharge monitoring. The Town of Wallkill will monitor each Industrial User (SIU) during the first quarter of each year with costs assessed to the industrial user. The Industrial User will be responsible for conducting all other self-monitoring and reporting specified in this permit. This permit is granted in accordance with this Article and in conformity with plans, specifications, permit application, industrial wastewater survey, and other data submitted to the Town in support thereof.
_______________
Water and Sewer Supervisor
PART I
WASTEWATER DISCHARGE LIMITATIONS
The industrial user shall comply with the effluent limitations and prohibited discharges pursuant to the Town of Wallkill Sewer Use Ordinance and the Federal Pretreatment Regulations contained in 40 Code of Federal Regulations (CFR) Part 403.
Pretreatment requirements for industrial users. (§ 194-48)
The following table shall control the waste limits, being the maximum concentrations that can be discharged into the sewer system based upon any single sample during a given day. The following table shall not be construed as to exclude other materials not listed therein and which may have similar adverse effects requiring limitations:
Local Limits
Parameter
Discharge Limit
(mg/L Except pH and Temp)
Temperature
150° F.
pH
6.0 to 9.0
Aluminum
20
Ammonia NH3-N (free)
30
Antimony
1
Arsenic
0.05
Benzidine
0.1
BEHP(1)
1
CBOD
300
COD
600
Cadmium
0.05
Chromium
0.5
Copper
0.5
Cyanide
0.5
Fluoride
5
Iron
3
Lead
0.5
Manganese
3
Mercury
0.05
Molybdenum
0.1
Nickel
0.5
Oil and Grease
50
Phenolics
0.5
Total Phosphorus
5
Selenium
0.1
Silver
0.1
Sulfide
2
Toluene
3
Total Suspended Solids
300
Total Solids
4000
Zinc
0.5
(1) Bis(2-ethyhexyl)phthalate
Prohibited discharges to public sewers (§ 194-46).
A.
No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will interfere with the operation or performance of the POTW. These general prohibitions apply to all such users of a POTW whether or not the user is subject to National Categorical Pretreatment Standards or any other national, state or local pretreatment standards or requirements.
B.
Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer:
(1)
Liquid or vapor having a temperature higher than 150° F. or in such quantities that the temperature at the sewage treatment plant influent exceeds 104° F. (40° C.).
(2)
Water or waste which may contain more than 50 parts per million, by weight, of fat, oil or grease.
(3)
Any gasoline, benzene, naphtha, fuel or other flammable or explosive liquid, solid or gas, which, by reason of their nature or quantity, are or may be sufficient, either alone or by interaction with other substances, to cause fire or explosion or be injurious in any other way to the POTW or to the operation of the POTW. These also include any other substances which the town, New York State or EPA has notified the user about as a potential fire hazard or as a hazard to the sewer and treatment system.
(4)
Any garbage that has not been properly shredded.
(5)
Any ashes, cinders, sand, mud, straw, shaving, metal, glass, rags, feathers, tar, plastics, wood, paunch manure or any other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works.
(6)
Any waters or wastes having a pH lower than 6.0 or higher than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works.
(7)
Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals or create any hazard in the receiving waters of the sewage treatment plant. A toxic pollutant shall include, but not be limited to, any pollutant identified pursuant to 307(a) of the Act, any of the following toxic contaminants and any other toxic contaminant which is identified as having a similar nature.
(a)
Aldrin.
(b)
Benzidine and salts.
(c)
DDT, DDD and DDE.
(d)
Endrin.
(e)
Mercury and compounds.
(f)
PCB's (polychlorinated biphenyls).
(g)
Toxaphene.
(h)
Alkanes, alkenes and alkynes.
(i)
Aliphatic and aromatic alcohols and acids.
(j)
Aliphatic and aromatic aldehydes and ketones.
(k)
Aliphatic and aromatic esters.
(l)
Aliphatic and aromatic halogenated compounds.
(m)
Aliphatic and aromatic nitro, cyano and amino compounds.
(n)
Antibiotics.
(o)
Benzene derivatives.
(p)
Chemical compounds which, upon acidification, alkalinization, oxidation or reduction, in the discharge or after admixture with wastewater and its components in the POTW, produce toxic, flammable, or explosive compounds.
(q)
Pesticides, including algicides, fungicides, herbicides, insecticides, rodenticides, phthalates.
(r)
Polyaromatic and polynuclear hydrocarbons.
(s)
Total toxic organics, TTO, as defined in 40 CFR 433.11.
(t)
Toxic organic compounds regulated by Federal Pretreatment Standards.
(u)
Unsaturated aliphatics, including those with an aldehyde, ketone or nitrile functional group.
(v)
Viable pathogenic organisms from industrial processes or hospital procedures.
(8)
Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant.
(9)
Any noxious or malodorous liquids, gases or solids which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair.
(10)
In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge disposal criteria, guidelines or regulations developed under 405 of the Federal Water Pollution Control Act; any criteria, guidelines or regulations affecting sludge disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act or the Toxic Substances Control Act; or state criteria applicable to the sludge management method being used.
(11)
Any substance which will cause the POTW to violate its SPDES permit or the receiving water quality standards.
(12)
Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions.
(13)
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 Superintendent for such materials.
(14)
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.
(15)
Any pollutants, including oxygen demanding pollutant (BOD, etc.), released at a flow rate and/or pollutant concentration which a user knows or has reason to know will cause interference to the POTW. In no case shall a slug load have a flow rate or contain concentration or qualities of pollutants that exceed, for any time period longer than 15 minutes, more than five times the average twenty-four-hour concentration, quantities or flow during normal operation.
(16)
Any wastewater containing 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.
(17)
Any wastewater which causes a hazard to human life or creates a public nuisance.
C.
When the Superintendent determines that a user(s) is contributing to the POTW any of the above-enumerated substances in such amounts as to interfere with the operation of the POTW, the Superintendent shall advise the user(s) of the impact of the contribution on the POTW and develop effluent limitation(s) for such user to correct the interference with the POTW.
Federal Effluent Limitations
A.
Effluent limitations promulgated by the Federal Water Pollution Control Act shall apply in any instance where they are more stringent than limitations in these rules and regulations. Under Section 307 of the Federal Act, pretreatment standards are designed to achieve these purposes:
(1)
To protect the operation of the municipal wastewater system;
(2)
To prevent the discharge of pollutants which pass through the municipal wastewater system inadequately treated;
(3)
To prevent treatment plant sludge from becoming contaminated with toxic materials that would limit a POTW's sludge disposal alternatives.
Users in industrial categories subject to effluent guidelines issued under Section 304 of the Federal Act and discharging pollutants to publicly owned treatment works are required to achieve the level of treatment established by federal regulations.
B.
Nothing in these rules and regulations shall be construed to relieve any industrial user from its obligation to comply with the pretreatment standards established pursuant to Section 307 of the Federal Act. Limitations on wastewater strength in section 194-46 and 194-48 of these rules and regulations may be supplemented with more stringent limitations when, in the opinion of the Superintendent:
(1)
The limitations in sections 194-46 and 194-48 of this Act may not be sufficient to protect the operation of the municipal wastewater system.
(2)
The limitations in sections 194-46 and 194-48 of this Act may not be sufficient to enable the treatment works to comply with the water quality standards or effluent limitations specified in the Town's state pollutant discharge elimination system (SPDES) permit.
C.
The categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405-471 are hereby incorporated.
(1)
Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater with respect to production, the Superintendent may impose equivalent concentration or mass limits in accordance with 40 CFR Part 403.6(c).
(2)
When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the Superintendent may impose an alternate limit using the combined waste stream formula in 40 CFR Part 403.6(e).
(3)
A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in 40 CFR Part 403.13, that factors relating to its discharge are fundamentally different from the factors considered by EPA when developing the categorical pretreatment standard.
Users in industrial categories subject to effluent guidelines issued under section 304 of the Federal Water Pollution Control Act and discharging pollutants to the POTW are required to achieve the level of treatment established by federal regulations. The _____ Industry _____ is/is not engaged in operations subject to the Federal Categorical Pretreatment Standards. This permit requires compliance with local effluent limits.
Monitoring Report Schedule and Requirements
The _____ Industry _____ shall conduct monitoring and submit reports as specified below:
Sampling Event(1)
Report Due Date(1)
Sampling Location(2)
Monitoring Requirements(3)
Parameters for Analysis(3)
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(1)
Frequency of monitoring and reporting requirement to be determined by Superintendent.
(2)
Sampling locations to be determined by the Superintendent and identified on site map.
(3)
Type of sample and parameters for analysis to be determined based on industrial operations and information contained in the Industrial Wastewater Survey completed by the industrial user.
PART II
SPECIAL CONDITIONS/COMPLIANCE SCHEDULES
A.
No user shall cause the discharge of slugs to the POTW. Each user discharging into the POTW greater than 100,000 gallons per day shall install and maintain on his property and at his expense a suitable storage and flow control facility to insure equalization of flow over a twenty-four-hour period. The facility shall have a capacity for at least 50% of the daily discharge volume and shall be equipped with alarms and a rate of discharge controller, the regulation of which shall be directed by the Superintendent. A wastewater discharge permit may be issued solely for flow equalization.
B.
The Town will evaluate every two years whether the Industrial User must submit a Slug Discharge Control Plan. If a Slug Discharge Control Plan is required, the Town will advise the user of the contents of the plan and set a date for its submission.
PART III
REPORTING REQUIREMENTS
A.
The Industrial User shall notify the POTW immediately upon any accidental or slug discharge to the sanitary sewer. Within five days of an occurrence, the User shall submit to the Superintendent a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences (see Wallkill Sewer Use Ordinance 194-48).
B.
The Industrial User shall notify the POTW prior to the introduction of new wastewater or pollutants or any substantial change in the volume or characteristics of the wastewater being introduced into the POTW from the User's industrial processes. Formal written notification shall follow within 30 days of such introduction.
C.
Any upset experienced by the Industrial User of its treatment facilities or production process that places it in a temporary state of noncompliance versus wastewater discharge limitations contained in this permit or other limitations specified in the Town's Ordinance shall be reported to the Superintendent within 24 hours of first awareness of the commencement of the upset. A detailed report shall be filed within five days.
D.
The Industrial User shall repeat sampling and analysis and submit the results to the Town of Wallkill within 30 days after becoming aware of a permit violation.
E.
The Industrial User is required to submit to the Superintendent reports on the results of its sampling of the pollutants specified in the Monitoring Report Schedule and Requirements Table. If allowable discharge limits are proportional to production or require use of the combined waste stream formula, sufficient production information and flow information shall be provided to confirm the reported data.
PART IV
STANDARD CONDITIONS
A.
The Industrial User shall comply with all the discharge standards in Section 198-48 of the Town Sewer Use Ordinance.
B.
Right of Entry - The Industrial User shall, after reasonable notification by the Town, allow the Town or its representatives, exhibiting proper credentials and identification, to enter upon the premise of the User, at all reasonable hours, for the purposes of inspection, sampling, or records inspection. Reasonable hours in the context of inspection and sampling includes any time the Industrial User is operating any process that results in a process wastewater discharge to the Town's sewerage system.
C.
Records Retention - The Industrial User shall retain and preserve for no less than three years, any records, books, documents, memoranda, reports, correspondence and any summaries thereof, relating to monitoring, sampling and chemical analyses made by or for the User concerning its discharge.
All records that pertain to matters that are the subject of special orders or any other enforcement or litigation activities brought by the Town shall be retained and preserved by the Industrial User until all enforcement proceedings have concluded and all periods of limitations with respect to any appeals have expired.
D.
Confidential Information - Except data determined to be confidential under Section 194-58 of the Town's Ordinance, all reports required by this permit shall be available for public inspection at the Office of the Industrial Pretreatment Coordinator.
E.
Recording of Results - For each measurement or sample taken pursuant to the requirements of this permit, the user shall record the following information:
(1)
The exact place, date, and time of sampling;
(2)
The dates the analyses were performed;
(3)
The person(s) who performed the analyses;
(4)
The analytical techniques or methods used; and
(5)
The results of all required analyses.
F.
Dilution - No Industrial User shall increase the use of potable or process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in this permit.
G.
Proper Disposal of Pretreatment Sludges and Spent Chemicals - The disposal of sludges and spent chemicals generated shall be done according to Section 405 of the Clean Water Act and Subtitles C and D of the Resource Conservation and Recovery Act.
H.
Signatory Requirements - All reports required by this department shall be signed by a principal executive officer or designee of the Industrial User.
I.
Revocation of Permit - The permit issued to the Industrial User by the Town may be revoked when, after inspection, monitoring or analysis it is determined that the discharge of wastewater to the sanitary sewer is in violation of federal, state, or local laws, ordinances, or regulations. Additionally, falsification or intentional misrepresentation of data or statements pertaining to the permit application or any other required reporting form, shall be cause for permit revocation.
J.
Limitation on Permit Transfer - Wastewater discharge permits are issued to a specific User for a specific operation and are not assignable to another User or transferable to any other location without the prior written approval of the Town. Sale of a User shall obligate the purchaser to seek prior written approval of the Town for continued discharge to the POTW.
K.
Falsifying Information or Tampering with Monitoring Equipment - Knowingly making any false statement on any report or other document required by this permit or knowingly rendering any monitoring device or method inaccurate, may result in punishment under the criminal laws of the Town, as well as being subject to civil penalties and relief.
L.
Modification or Revision of the Permit
(1)
The terms and conditions of this permit may be subject to modification by the Town at any time as limitations or requirements identified by the Town's Ordinance, are modified or other just cause exists.
(2)
This permit may also be modified to incorporate special conditions resulting from the issuance of a special order.
(3)
The terms and conditions may be modified as a result of EPA promulgating a new federal pretreatment standard.
(4)
Any permit modifications that result in new conditions in the permit shall include a reasonable time schedule for compliance if necessary.
M.
Duty to Reapply - The Town shall notify a user 180 days before the expiration of the User's Permit. Within 90 days of the notification, the User shall reapply for reissuance of the permit on a form provided by the Town. If the permittee is not notified 30 days before the expiration date of the permit, the permit shall be extended one additional year.
N.
Severability - The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this permit shall not be affected thereby.
O.
Property Rights - The issuance of this permit does not convey any property rights in either real or personal property, or any exclusion privileges, nor does it authorize any invasion of personal rights, nor any infringement of federal, state or local regulations.
P.
Administrative Sanctions:
(1)
Any person who violates any of the provisions of or who fails to perform any duty imposed by these rules and regulations, or any order of determination of the Town promulgated under these rules and regulations, or the terms of any permit issued thereunder, shall be liable to the Town for a civil penalty not to exceed $1,000 for each such violation, to be assessed after a hearing held in conformance with the procedures set forth in these rules and regulations. Each violation shall be a separate and distinct violation and, in the case of a continuing violation, each day's continuance thereof shall be deemed as a separate and distinct violation. Such penalties may be recovered in an action brought by the Town in any court of competent jurisdiction. Such civil penalties may be released or compromised by the Town before the matter has been referred to the Corporation Counsel. Where such matter has been referred to the Corporation Counsel, any such penalty may be released or compromised. Any action commenced to recover the same may be settled and stopped by the Corporation Counsel with the consent of the Town.
(2)
In addition to the power to assess penalties as set forth in (a) above, the Town shall have the power, following a hearing held in conformance with the procedure set forth in these rules and regulations to issue an order suspending, revoking or modifying the violator's permit, or enjoining the violator from continuing the violation. Any such order of the Town shall be enforceable in an action brought by the Corporation Counsel at the request of the Town in any court of competent jurisdiction.
(3)
Any civil penalty or order issued by the Town pursuant to this Section shall be reviewable in a proceeding pursuant to Article 78 of the Civil Practice Law and Rules. Application for such review must be made within 60 days after service, in person or by mail, or a copy of the determination or order upon the attorney of record of the applicant and of each person who has filed a notice of appearance, or the applicant in person, if not directly represented by an attorney.
Q.
Criminal Sanctions:
(1)
Any person who willfully violates any provision of these rules and regulations or any final determination or order of the Town made according to these rules and regulations shall be punished by a fine of not less than $500 nor more than $1,000 or face appropriate civil/criminal prosecution. Each offense shall be a separate and distinct offense, and in the case of a continuing offense, each day's continuance thereof shall be deemed a separate and distinct offense.
(2)
No prosecution under this Section shall be instituted until after final disposition of an appeal or review, if applicable.
R.
Civil Liability - Any person violating any of the provisions of these rules and regulations shall, in addition, be civilly liable to the Town for any expense, loss or damage occasioned to the Town by reason of such violation.
S.
Enforcement Response - The Town will investigate and respond to instances of industrial user noncompliance using the procedures of the Enforcement Response Plan.
T.
Significant Noncompliance - Any violation that meets the criteria of "significant noncompliance" shall be published at least annually in the official newspaper in the Town of Wallkill. Significant noncompliance is defined by 40 CFR 403.8(f)(2)(vii) of the Federal Regulations as a violation that "meets one or more of the following criteria:
(1)
Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all of the measurements taken during a six-month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter;
(2)
Technical Review Criteria (TRC) violations defined here as those in which 33% or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC=1.4) for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH.
(3)
Any other violation of a pretreatment effluent limit (daily maximum or longer term average) that the Town determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel or the general public);
(4)
Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW's exercise of its emergency authority to halt or prevent such a discharge;
(5)
Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance;
(6)
Failure to provide, within 30 days after the due date, required reports such as baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;
(7)
Failure to accurately report noncompliance;
(8)
Any other violation or group of violations that the Town determines will adversely affect the operation or implementation of the local pretreatment program.
Table A
Industry
Parameters for SIU Self - Monitoring
 
 
 
 
Table B
Federal Effluent Limitations Point Source Category
Parameter
Daily Maximum
(mg/L)
Monthly Average
n(mg/L)
 
 
 
 
 
 
 
 
 
 
 
 
Categorical limitations to be monitored and enforced where applicable.