A.
This article replaces the sewer regulations which were adopted by the New Windsor Town Board on December 6, 1961.
[Adopted 5-20-1981 by L.L. No. 4-1981 (Ch. 36 of the 1972 Code)]
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.