[Adopted 5-20-1981 by L.L. No. 4-1981 (Ch. 36 of the 1972 Code)]
A.
This article replaces the sewer regulations which
were adopted by the New Windsor Town Board on December 6, 1961.
A.
The design of the system is based on the collection of domestic sewage only, and the approval of the New York State Department of Health was given for the construction and use of sewers for this purpose only. No connections will be permitted to be made to the sanitary sewer system which carry or deliver other than domestic sewage or industrial wastes unless specifically approved by the Town Board. Any industrial connection made to the Town sewer system, under approval by the Town Board, must abide by the rules and regulations set forth in Article VI, Industrial Sewer Regulations, of this chapter. Domestic sewage consists of the solid and liquid wastes from toilets, sinks, laundry or bath tubs, shower baths or equivalent plumbing fixtures. The drainage from roofs, cellars, yards or roadways is not domestic sewage and cannot be drained into the sanitary sewer system under any circumstances. The best interests of the municipal sewer system warrant extreme care in the manner of making and laying all connections to the public system.
B.
The Sanitary Superintendent or the Town Engineer shall
be the Board's authorized agent in matters falling under these rules,
regulations and ordinances and shall exercise the powers hereinafter
mentioned in the same, subject to the approval and ratification of
the Board. He shall report to the Board upon applications for sewer
connections, shall inspect the construction of such sewer connections
and shall report to the Board upon any transgression of these regulations.
C.
No one will be allowed to make connections with the
municipal sewers nor lay any sewers in connection therewith except
under the supervision of the Sanitary Superintendent or Town Engineer
or his authorized agent.
D.
All house sewers or sewer connections shall be installed,
connected and repaired in accordance with pertinent rules, regulations
and local laws. The entire expense and responsibility for the operation
and maintenance of any sewer line from the house to the sewer main
shall belong to the property owner.
[Amended 11-15-1995 by L.L. No. 7-1995]
A.
GARBAGE
HOUSE SEWER, SEWER CONNECTION or SEWER LATERAL
INDUSTRIAL WASTES
MUNICIPALITY
MUNICIPAL SEWER, PUBLIC SEWER, SEWER MAIN or STREET SEWER
NATURAL OUTLET
PERSON
PROPERLY GROUND TABLE GARBAGE
SANITARY SEWER
SANITARY SUPERINTENDENT
SEWAGE
STORM DRAIN or STORM SEWER
UNPOLLUTED WATER
As used in this article, the following terms shall
have the meanings indicated:
Waste from preparation, cooking and serving of food, market
wastes, and wastes from handling, storage and sale of produce.
Any sewer line connecting to or installed for future connection
of a public or private building to the municipal sewer, public sewer,
sewer main or street sewer and extending from the building or house
foundation wall up to and including the tap on the sewer main.
[Amended 11-15-1995 by L.L. No. 7-1995]
The wastewater from industrial processes, trade or businesses
as distinct from domestic or sanitary wastes.
Any or all sewer districts in the Town of New Windsor now
formed or to be formed in the future.
The sewer pipelines of the municipality, excluding the house
sewer, sewer connection or sewer lateral.
[Amended 11-15-1995 by L.L. No. 7-1995]
Any outlet, including storm sewers and combined sewer overflows,
into a watercourse, pond, ditch, lake or other body of surface or
ground water.
Any individual, firm, company, association, society, corporation
or group.
Food waste shredded to a uniform size so that 100% shall
pass a one-half-inch screen, 90% shall pass a one-fourth-inch screen
and not over 5% shall pass a No. 40 sieve. The screen shall be the
United States standard, and weight shall be taken on a dry basis.
A sewer that carries liquid and water-carried wastes from
residences, commercial buildings, industrial plants and institutions
together with minor quantities of ground-, storm- and surface waters
that are not admitted intentionally.
The Sanitary Superintendent of sewage treatment facilities
and/or of sewage treatment works and/or of water pollution control
of the Town of New Windsor or his duly authorized deputy, agent or
representative, or the Town Engineer or engineer for the Town, or
the Code Enforcement Officer.
[Amended 11-15-1995 by L.L. No. 7-1995 [1]]
The spent water of the Town. From the standpoint of source,
it may be a combination of the liquid and water-carried wastes from
residences, commercial buildings, industrial plants and institutions,
together with any groundwater, surface water and stormwater that may
be present.
A drain or sewer conveying water, groundwater, subsurface
water or unpolluted water from any source.
Water of quality equal to or better than the effluent criteria
in effect or water that would not cause violation of receiving water
quality standards and would not be benefited by discharge into the
sanitary sewers and sewage treatment facilities provided.
B.
"May" is permissive; "shall" is mandatory.
A.
Each house, building or property used for human occupancy,
employment or recreation situated within the municipality and abutting
on any street, alley or right-of-way in which there is located a public
sanitary sewer of the municipality is hereby required to have installed,
at the owner's expense, suitable toilet facilities. Such facilities
shall be connected directly to the public sewer in accordance with
the provisions of these rules, regulations and local laws within six
months after the date at which time the public sewer is available
to do so, provided that such sewer is within 150 feet of any property
line of such premises and is otherwise accessible in the opinion of
the Town Engineer.
[Amended 11-15-1995 by L.L. No. 7-1995]
B.
It shall be unlawful for any person, firm or corporation
to:
(1)
Place, deposit or permit to be deposited in an unsanitary
manner upon public or private property within the municipality or
in any area under the jurisdiction of said municipality any human
or animal excrement, garbage or other objectionable waste, except
as hereinafter provided, except where special permission of the Town
Board is given.
(2)
Uncover any portion of the public sewers or connections
thereto or open any manhole or appurtenance of the sewage system,
except under permit signed by the Sanitary Superintendent.
(3)
Open any highway or public or private ground for the
purpose of making any sewer connection or repair or make or cause
to be made any connection with the public sewer, except under permit
signed by and under the supervision of the Sanitary Superintendent.[1]
(4)
Break or cut or remove any pipe of the public sewer
system or make or cause to be made any connection to said public sewers,
except through the connection branches provided for that purpose.
The location of said connection branches will be designated by the
Sanitary Superintendent.
(5)
Discharge or cause to be discharged into any public
sewer, directly or indirectly, any overflow or drainage from manure
pits, cesspools or other receptacles storing or constructed to store
organic waste.
(6)
Connect or cause to be connected with any public sewer,
either directly or indirectly, any sediment traps or any pipes carrying
or constructed to carry hot circulating water, acids, germicides,
grease, brewery or distillery wash water, gasoline, naphtha, benzine
or similar liquid, oil or other industrial or trade waste or any other
substance detrimental to or deemed by the Sanitary Superintendent
to be detrimental to the municipal sewers or to the operation of the
sewerage system or the sewage treatment works, unless adequate and
proper preliminary treatment appurtenances and apparatus are installed
and maintained at the owner's expense, so that the spent water delivered
to the municipal sewers will be neutral in character as determined
by the standard acid-alkalinity tests and shall be free from excess
suspended matter or excess bactericidal agents, as may be approved
by the Town Board. Steam engine exhaust or blowoff from steam boilers
shall not be connected to the municipal sewers.
(7)
Drain from washstands of public or private garages,
automobile-washing stations, cleaning or dyeing works, laundries or
similar establishments where gasoline, oils or any flammable materials
are used or stored, unless equipped with an oil separator of size
and design approved by the Sanitary Superintendent.
(8)
Throw or deposit or allow to be thrown or deposited
in any fixture, vessel, receptacle, inlet or opening connected with
any public sewer any garbage or trash. The use of mechanical garbage
grinders producing a finely divided mass is prohibited.
[Amended 11-15-1995 by L.L. No. 7-1995]
(9)
Allow any house sewer connected with the public sewer
to be also connected with any privy vault, septic tank, cesspool or
underground drain and with any channel conveying water or filth, except
such soil pipes and other plumbing works as shall have been duly inspected
and approved by the Sanitary Superintendent.
(10)
Throw or deposit or cause or allow to be thrown
or deposited in any fixture, vessel, receptacle, inlet or opening
connected directly with any public sewer any ashes, cinders, rags
or similar waste materials or dead animals or waste materials of any
kind or character other than feces, urine, necessary toilet paper,
liquid house slops or properly ground table garbage.
(11)
Discharge any unpolluted waters, such as stormwater,
groundwater, roof runoff, subsurface drainage or cooling water, to
the sanitary sewer system. Unpolluted drainage shall only be discharged
to such sewer systems specifically designated as combined sewers or
to a natural outlet approved by the regulatory agencies.
(12)
Connect any fixture or drain discharging sanitary
wastewater to separate storm sewers.
Where a public sanitary sewer is not available under the provisions of § 240-34A, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this article and the New York State Board of Health rules and the Town of New Windsor Sanitary Code.
A.
Before commencement of construction of a private wastewater
disposal system, the owner(s) shall first obtain a written permit
signed by the Town Sanitary Superintendent. The application for such
permit shall be made on a form furnished by the Town, which the applicant
shall supplement by any plans, specifications and other information
as are deemed necessary by the Town Sanitary Superintendent.[1]
B.
A permit for a private wastewater disposal system
shall not become effective until the installation is completed to
the satisfaction of the Town Sanitary Superintendent. The Town Sanitary
Superintendent shall be allowed to inspect the work at any stage of
construction and, in any event, the applicant for the permit shall
notify the Town Sanitary Superintendent when the work is ready for
final inspection and before any underground portions are covered.
The inspection shall be made within 24 hours of the receipt of notice
by the Town Sanitary Superintendent.
C.
The type, capacities, location and layout of a private
wastewater disposal system shall comply with all recommendations of
the Department of Public Health of the State of New York. No septic
tank or cesspool shall be permitted to discharge to any natural outlet.
D.
At such time as a public sewer becomes available to a property served by a private wastewater disposal system, as provided in § 240-34 above, a direct connection shall be made to the public sewer within six months in compliance with this article, and any septic tanks, cesspools and similar private wastewater disposal facilities shall be cleaned of sludge and removed or filled with suitable material as determined by the Town Engineer.
[Amended 11-15-1995 by L.L. No. 7-1995[2]]
E.
The owner(s) shall operate and maintain the private
wastewater disposal facilities in a sanitary manner at all times,
at no expense to the Town.
F.
No statement contained in this article shall be construed
to interfere with any additional requirements that may be imposed
by the Health Officer.
The Town Board may at any time, in its discretion,
stop and prevent the discharge into the sewers of any substance deemed
by it liable to injure the sewers or to interfere with their normal
operation or to obstruct the flow or to hinder any process of sewage
purification, and it may at any time, in its discretion, sever the
connection and cause the removal of any tributary sewer or drain through
which such detrimental substances are discharged.
A.
Each building in the area served by a public sewer,
when connected, must be connected separately and independently with
the sewer through the house connection branch directly opposite the
building or nearest in the downstream direction. Grouping of buildings
on one house sewer will not be permitted, save by special act of and
by the Town Board and for good reasons. Multiple dwellings within
one building shall be similarly connected independently. This does
not apply to trailer park licenses.
B.
Each lateral must be furnished with a backwater valve
either inside or immediately outside the foundation wall, unless prior
approval by the Sanitary Superintendent is obtained. The backwater
valve must be accessible for service.
C.
Each lateral must have a cleanout as close as practical
to the building wall and downstream of the backwater valve. An additional
cleanout must be installed every 100 feet thereafter
No house connection line from the municipal
sewer to the property line shall be of any internal diameter less
than four inches. Inside the property line the diameter of the pipe
shall not be less than four inches.
[Amended 11-15-1995 by L.L. No. 7-1995]
Any house sewer line connecting to the municipal
sewer shall be either extra-heavy ductile cast-iron Class 51 or PVC
sewer ASTM D3034 SDR 35 pipe. It must be solidly laid to a true grade
and, as near as possible, in a straight line. All changes in direction
must be made with properly curved pipe or fittings.
A.
All PVC pipe shall be unplasticized polyvinyl chloride
(PVC) plastic gravity sewer pipe for conveyance of sewage.
B.
All ductile iron pipe shall be centrifugally cast,
coated on the outside and cement lined.
C.
Pipe shall have integral wall push-on or bell and
spigot joints.
D.
Provisions must be made for contraction and expansion
at each joint with a rubber ring.
E.
The bell shall consist of an integral wall section
with a solid cross-section rubber ring, factory assembled, securely
locked in place to prevent displacement during assembly.
[Amended 11-15-1995 by L.L. No. 7-1995]
A.
All fittings and accessories shall be as manufactured
and furnished by the pipe supplier or equal and shall have a bell
and/or spigot configuration compatible with that of the pipe.
B.
Bell shall have the same strength as the pipe section.
C.
All pipe shall be installed and assembled in accordance
with the manufacturer's recommendations.
D.
No sand or dirt may be admitted into the house sewer
or the public sewer at any time.
E.
Commercial-standard adapter fittings and joining sleeves
shall be used when joining any pipes or fittings of different materials
or sizes. If soft or flexible adapter fittings must be used, they
should be properly installed and thoroughly cemented around the adapter.
All such fittings shall receive the prior approval of the Sanitary
Superintendent.
Where, in the judgment of the Sanitary Superintendent,
conditions warrant, cast-iron pipes shall be used.
No trench shall be filled or any part of a pipe
or fittings covered until at least 24 hours' notice has been given
to the Sanitary Superintendent that the work is ready for inspection
and such inspection is made. Every such inspection shall be made as
soon as possible after the receipt of notice by the Sanitary Superintendent,
and such Superintendent shall have the power to apply any proper tests
to the pipe or fittings. The owner or contractor doing the work shall
furnish all necessary tools and labor for such test and shall remove
any defective material or repair any work improperly done as the Sanitary
Superintendent shall direct, without expense to the municipality.
No house sewer connection with the municipal
sewer shall be laid with a grade of less than one inch fall in four
feet without a written permit signed by the Sanitary Superintendent
specifying the minimum grade that will be permitted. In removing plugs
from existing Y- or T-branches on the municipal sewer and connecting
to the same, due care shall be exercised to prevent any debris from
entering the municipal sewer.
[Amended 11-15-1995 by L.L. No. 7-1995]
A.
All work of laying house sewers and connections shall
be done in such a manner and at such times as to interfere as little
as possible with public travel and convenience, and the work shall
be conducted as the Sanitary Superintendent may direct.
B.
Sewer laterals must have at least one cleanout, with
an additional cleanout at every one-hundred-foot section thereafter.
C.
Replacement sewer connections must either tie into
existing saddle connections or such connections must be sealed off
at the main line, after which a new connection using a saddle may
be made.
A.
Any open excavation adjacent to a sidewalk, street,
highway or other area lawfully frequented by any person shall be effectively
guarded. Such guarding shall consist of a substantial fence or barricade.
As an alternative, such guarding may consist of an extension of the
sheeting above the ground surface adjacent to the excavation to a
height of at least 42 inches above such adjacent street, highway or
other area lawfully frequented by any person. In lieu of such guarding,
protection may be afforded by a substantial covering installed over
such excavation. Such covering shall consist of planking at least
two inches thick full size, properly supported exterior grade plywood
at least 3/4 inch thick or material of equivalent strength. Where
it is possible that the movement of vehicles or other heavy equipment
will take place over such covering, the covering shall be of sufficient
strength to withstand such loading without structural failure of the
covering or of the support system.
B.
Where no work is being performed in an unattended
open excavation which has substantially vertical sides or banks three
feet or more in depth, such excavation shall be effectively guarded
on all open sides regardless of the location of such excavation. Such
guarding shall consist of a fence, a barricade or a safety railing
constructed and installed in compliance with this section. As an alternative,
such guarding may consist of an extension of the sheeting above the
excavation to a height of at least 42 inches above the adjacent ground,
grade or equivalent level. In lieu of such guarding, protection may
be afforded by a substantial covering installed over the excavation.
Such covering shall consist of planking at least two inches thick
full size, properly supported exterior grade plywood at least 3/4
inch thick or material of equivalent strength. Where it is possible
that the movement of vehicles or other heavy equipment will take place
over such covering, the covering shall be of sufficient strength to
withstand such loading without structural failure of the covering
or of the support system.
A.
No PVC pipe shall be laid at a depth less than 36
inches. Pipes laid with less depth must be heavy ductile iron. All
pipes must be covered to a depth of at least one foot with fine earth,
entirely free from stones and rubbish and solidly rammed.
[Amended 11-15-1995 by L.L. No. 7-1995]
B.
Within streets or highways, no pipe shall be laid
at a depth less than 24 inches without the approval of the Sanitary
Superintendent.
A.
Where rock is found in the bottom of the trench, it
shall be taken out at least four inches below the bottom of the pipe
and the space filled with sand, gravel or other suitable material
thoroughly rammed.
B.
No blasting shall be done within five feet of public
or private sewers, and utmost care shall be taken to prevent injury
thereto. Payment for repair of all damage done as a result of blasting
shall be borne by the sewer permit applicant.
Old house sewers may be used, provided that
they are in good condition from the building to the property line
and approved by the Sanitary Superintendent. New pipe must be installed
between the property line and the public sewer.
The Sanitary Superintendent shall be notified
at least 24 hours before the beginning of any work upon house sewers
or connections as to the time of the commencement of such work.
A.
No public or private building, dwelling or store will
be permitted to make any connection whatsoever to the sanitary sewer
system unless the same has a soil line extended to a point above the
roof and properly vented or otherwise vented in a manner approved
by the Sanitary Superintendent. In existing public or private buildings,
dwellings or stores which are not properly vented, the use of a house
trap shall be optional with the property owner in all cases where
such trap has already been installed.
B.
Grease traps must be installed for restaurants, hotels
and apartment houses or wherever the Town Board or its duly authorized
agent may direct. Grease traps must be kept clean at all times at
the owner's expense. The size and design of the grease trap shall
be approved by the Sanitary Superintendent. Grease traps should not
be preceded by pumping units or other mechanical sewage handling devices.
[Amended 11-15-1995 by L.L. No. 7-1995]
C.
The owner of the premises, except for one- to four-family
residential dwellings, shall maintain a log of manifests recording
the name of the contractor, date of haulage and quantity of contents
removed from the grease traps. The log shall be available for inspection
by the authorized Town representative upon request.
[Added 11-15-1995 by L.L. No. 7-1995]
[Added 11-15-1995 by L.L. No. 7-1995]
A.
Time for testing.
(1)
Where there is reason to believe that the sewer system
may be defective, the authorized representative of the Town may direct
that such system be subject to testing as prescribed herein to disclose
leaks and/or defects. Such testing shall be performed at the cost
of the owner and shall be performed in the presence of the Town's
authorized agent.
(2)
Testing shall be performed at as late a date as possible
after work has been completed.
(3)
In no instance shall sewers be tested prior to backfill
with suitable cover to a depth of one foot over the top of the sewer
pipe.
B.
Procedures for testing.
(1)
In order to keep leakage and infiltration in sewers
to a minimum, it is necessary that special attention be given to the
specification requirements covering workmanship, materials and testing.
The specifications for installation are:
(2)
Where the Town otherwise requires and/or determines
that the groundwater is not sufficiently high at the time of testing
to determine the amount of infiltration or leakage, exfiltration tests
shall be conducted in which a head of water at least two feet higher
than the top of the pipeline in the highest section of the work being
tested is maintained for a period of at least 20 hours immediately
prior to the time of and during the period of the test. The allowable
leakage per 24 hours per inch of diameter of pipe per mile of sewer
tested shall not exceed 100 gallons.
(3)
Where acceptable to the Town and all applicable reviewing
authorities, the owner/contractor shall have the option of performing
low-pressure air tests in conformance with ASTM C-828 (latest revision),
titled "Recommended Practice for Low-Pressure Air Test of Vitrified
Clay Pipe Lines (4-12)." The parameter to be measured is the rate
of a loss based on an average test pressure of 3.0 pounds per square
inch gauge above any back pressure due to any groundwater that may
be over the pipe.
C.
Other testing requirements (general).
(1)
All testing shall be performed with an authorized
representative of the Town present.
(2)
The owner/contractor shall give ample notification
of his intended test date such that observation scheduling can be
made. Any delays and associated costs caused by the owner's/contractor's
failure to schedule the attendance of necessary representatives shall
be borne by the owner.
(3)
Length and location of sections to be tested, duration
of test and other requirements shall be acceptable to the Town.
(4)
All evident leaks shall be investigated and the necessary
repairs made and leakage minimized regardless of total leakage as
shown by test.
(5)
Lines which fail to meet tests shall be repaired and
retested as necessary until compliance with test requirements. Defective
pipe and branch connections shall be removed and replaced.
(6)
The owner shall bear the cost of materials, equipment
and coordination necessary to perform the tests specified herein to
the satisfaction of the Town's authorized agent.
A.
No permit granted by the Sanitary Superintendent shall
be construed to permit any interference or disturbance of any state
or county or town or village highway pavement, as the case may be,
in the municipality or any excavation in any road, street or public
place, unless the permit shall expressly so provide. No permit shall
be granted for such interference or disturbance of said pavement or
for the excavation for sewer purposes in any public street or public
place, unless the applicant shall have first obtained from the state
or county or town or village highway department, as the case may be,
a permit therefor in accordance with the requirements of the highway
department having jurisdiction. Any permit fee, bonding or other expense
in connection with the issuance of a permit for opening any street
or pavement shall be paid by the applicant. No permit shall be deemed
to authorize anything not stated in the application therefor.
B.
The permit shall, during construction, be kept at
the site of the work and shall be available for inspection by any
duly authorized agent or agents of the Town Board.
Whenever, in the opinion of the Sanitary Superintendent,
any person violates any of the provisions of this article, said Superintendent
shall report the same in writing to the Town Board, and, if the Town
Board shall find that the charges are sustained, it may revoke the
permit of such person.
No person, firm or corporation, once having
obtained a permit in the municipality, who or which shall have violated
any of the provisions of these rules, regulations and ordinances or
shall have refused or neglected to make good, to the satisfaction
of the Town Board, any defective or imperfect work or shall have refused
or neglected to pay any fees, fines or penalties imposed under the
provisions of these rules, regulations and ordinances shall be eligible
to receive any renewal of such permit until such default on his, their
or its part has been removed.
Persons must report to the Sanitary Superintendent,
in writing, the full description, within 12 hours of the finding of
them, all obstructions in house drains or the presence therein, if
found, of any substance prohibited by these regulations. The finding
of the presence of substances prohibited by these regulations in the
house drains of any house shall be prima facie evidence of an offense
committed against these regulations by both the owner and occupant
of the premises, or either of them.
Persons must report to the Sanitary Superintendent,
in writing, within 24 hours after the completion of any work by them,
every connection or disconnection made between any building and the
sewer system aforesaid or between any house connection and said sewer
system.
A.
No person shall construct any drain or sewer upon
or from any premises in said municipality or use or permit any sewer
or drain to be used without a permit from the Sanitary Superintendent.
B.
Any person, corporation or business that constructs any drain or sewer from any premises in said municipality or uses or permits any sewer or drain to be used without a permit from Sanitary Superintendent, in addition to penalties prescribed in § 240-60, shall be liable for operations and maintenance charges in accordance with Article IV, Sewer Use Charges, of this chapter, for all the billing periods in which said unauthorized connection was constructed.[1]
[Amended 5-1-1985 by L.L. No. 1-1985]
The Sanitary Superintendent and the Town Engineer
and other duly authorized employees of the Town Board, as well as
representatives of the United States Environmental Protection Agency
and the New York State Department of Environmental Conservation, bearing
proper credentials and identification, shall be permitted to enter
upon all properties at reasonable hours for the purpose of inspection,
observation, measurement, sampling and testing in accordance with
the provisions of these rules, regulations and ordinances.
Any person found to be violating any provision
of these rules, regulations and ordinances shall be served by the
municipality with written notice stating the nature of the violation
and providing a reasonable time limit, not exceeding 30 days, for
the satisfactory correction thereof. The offender shall, within the
period of time stated in such notice, permanently cease all violations.
Any person who shall continue any violation
beyond the time specified in said notice shall be guilty of a misdemeanor
and, upon conviction thereof, shall be fined in an amount not exceeding
$1,000 or imprisoned for not more than one year, or both, for each
offense.
Any person violating any of the provisions of
these rules, regulations and ordinances shall become liable to the
municipality for any expense, loss or damage occasioned said municipality
by reason of such violation.
The legal authority for the Town of New Windsor
to enact this article is the New York State Town Law, Municipal Home
Rule Law and the New York State Environmental Conservation Law.
