[HISTORY: Adopted by the Board of Trustees of the Village of Rhinebeck 9-18-1984 as L.L. No. 4-1984. Amendments noted where applicable.]
Article I Sewer Use
Article II Rates and Charges
Definitions. Unless the context specifically indicates otherwise, the meanings of terms used in this chapter shall be as follows:
- BOD (DENOTING "BIOCHEMICAL OXYGEN DEMAND")
- The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20° C, expressed in parts per million by weight.
- BUILDING DRAIN
- That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys to the inner face of the building wall.
- BUILDING SEWER
- The extension from the building drain to the public sewer or other place of disposal.
- COMBINED SEWER
- A sewer which carries both sanitary sewage and storm-and surface water.
- Solid wastes from the preparation, cooking and dispensing of food and from the handling, storage and sale of produce.
- Such circumstances as shall, in the opinion of the Village Board, work an undue, unnecessary or unreasonable physical or financial burden upon the property owner where compelled to connect the plumbing facilities upon said real property and is served by a private sewage disposal system located entirely upon said real property and which is not in violation of public health standards according to the opinion of the Dutchess County Department of Health.
- The sewered area of the Village of Rhinebeck, Dutchess County, New York, also called "primary benefit area."
- IMPROVEMENT BOUNDARIES
- Encompasses all properties abutting on any street, alley or right-of-way in which there is located a public sanitary sewer.
- INDUSTRIAL OR COMMERCIAL
- Classifications which bear upon applications, rates, fees or other considerations and shall be determined solely by the Village Board of the Village.
- INDUSTRIAL WASTES
- The liquid wastes from industrial processes as distinct from sanitary sewage.
- NATURAL OUTLET
- Any outlet into a watercourse pond, ditch, lake or other body of surface or ground water.
- An individual, firm, company, association, society, corporation or group.
- The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
- 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.
- PUBLIC SEWER
- A sewer in which all owners of abutting properties have equal rights and which is controlled by public authority.
- SANITARY SEWER
- A sewer which carries sewage and to which storm, surface and ground waters are not intentionally admitted.
- A combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments.
- SEWAGE TREATMENT PLANT
- Any arrangement of devices and structures used for treating sewage.
- SEWAGE WORKS
- All facilities for collecting, pumping, treating and disposing of sewage.
- A pipe or conduit for carrying sewage.
- STORM SEWER OR STROM DRAIN
- A sewer which carries storm- and surface waters and drainage but excludes sewage and polluted industrial wastes.
- SUSPENDED SOLIDS
- Solids that either float on the surface or are in suspension in water, sewage or other liquids and which are removable by laboratory filtering.
- The Village of Rhinebeck, Dutchess County, New York.
- VILLAGE BOARD
- The duly elected Village Board of the Village of Rhinebeck or its authorized deputy or representative.
- VILLAGE ENGINEER
- The professional engineer retained as "Village Engineer" for the Village of Rhinebeck or his authorized deputy, agent or representative.
- A channel in which a flow of water occurs, either continuously or intermittently.
Word usage. "Shall" is mandatory; "may" is permissive.
It shall be unlawful for any person to place, deposit or permit to be deposited in an unsanitary manner upon public or private property within the improvement, or in any area under the jurisdiction of the improvement, any human or animal excrement, garbage or other objectionable waste.
It shall be unlawful to discharge to any natural outlet within the improvement, or in any area under the jurisdiction of the improvement, any sanitary sewage, industrial wastes or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.
Within the improvement, it shall be unlawful to construct, use or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage, except as hereinafter provided.
The owners of all houses, buildings or properties used for human occupancy, employment, recreation and other purposes, except existing single-family dwellings and two-family dwellings, part of which are owner-occupied, situated within 200 feet of any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary sewer in the improvement, are hereby required, at their expense, to install suitable plumbing facilities therein and to connect such facilities directly with the proper public sewer in accordance with the provisions of this chapter within 90 days after the date of official notice to do so, provided that said public sewer is within 200 feet of the structure and such a connection will not require that the owner construct such plumbing across the property of others; and it is required that any septic tanks, cesspools and similar private sewage disposal facilities shall be cleaned of sludge and liquid, abandoned and filled with suitable material within 120 days after connection to the public sanitary sewer of the improvement.
The owners of existing single-family dwellings and two-family dwellings, part of which are owner-occupied, shall not be required to make connection to the public sanitary sewer if, in the opinion of the Dutchess County Department of Health, the private sewage disposal system is not in violation of public health standards. At such time that such a violation exists, the owner shall be required to connect such facilities directly to the public sewer. The owner of any real property who, upon application to the Village Board, establishes the existence of a hardship to the satisfaction of said Board shall not be compelled to make connection to the public sewer. This determination shall not be transferable to a subsequent owner or if water usage in the building increases.
Owners of premises upon which a commercial car wash is operated and the operators of any such car washes may, if the premises on which any such car washes are located have adequate satisfactory sewerage facilities to dispose of the water used in the car wash, continue to use such sewerage facilities solely to dispose of the water used in actually washing vehicles but must separate the plumbing facilities carrying all other forms of sewage and connect the latter plumbing facilities directly to the proper public sewer in accordance with all the provisions of this chapter. The owner and/or operator of any car wash continuing to use a private sewerage system as aforesaid shall separate the pipes supplying water to the actual vehicle-washing operation from all waterlines to the premises on which said car wash operations are located and shall, at his own cost, connect the pipes supplying water to the actual vehicle-washing operation to a separate water meter so that the quantity of water used in the actual car wash operation is separately metered and measured.
Where a public sanitary sewer is not available under the provisions of § 91-5 above, the building sewer shall be connected to a private sewage disposal system complying with the provisions established by the Dutchess County Department of Health.
Hereafter, before commencement of construction of a private sewage disposal system within the improvement boundaries, the owner shall first obtain a written permit from the Dutchess County Health Department. The permit shall be made on a form furnished by the Dutchess County Health Department and may be supplemented by any plans, specifications and other information as are deemed necessary by the Dutchess County Health Department.
A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Dutchess County Health Department. The applicant shall notify the Dutchess County Health Department when the work is ready for final inspection and before any underground portions are covered. The inspection shall be made within 48 hours of the receipt of notice by the Dutchess County Health Department.
The type, capacity, location and layout of a private sewage disposal system shall comply with all recommendations of the Department of Health of the State of New York. No septic tank or cesspool shall be permitted to discharge to any natural outlet.
The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at his own expense and at no expense to the improvement.
At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in §§ 91-2 through 91-8, a direct connection shall be made to the public sewer in compliance with this chapter, and it is required that any septic tanks, cesspools and similar private sewage disposal facilities shall be cleaned of sludge and liquid, abandoned and filled with suitable material. The owner of a single-family dwelling or two-family dwelling which is partially owner-occupied shall not be required to make connection to the public sanitary sewer if, in the opinion of the Dutchess County Department of Health, the private sewage disposal system is not in violation of public health standards as provided under § 91-5 of this chapter.
No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public water or appurtenance thereof without first obtaining a written permit from the Village Board.
In either case, the owner or his agent shall make the application on a special form furnished by the Village. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Village Board.
All cost and expense incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall pay for and indemnify the Village from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
All new users and all present users who modify existing systems with a projected use of 1,350 gallons of wastewater or more per day as calculated by the New York State Department of Environmental Conservation Standards for wastewater flow shall pay an initial fee for tapping by such new users or for an increase by such present users. The amount of such initial fee shall be as established from time to time by resolution of the Board of Trustees and shall be kept on file in the office of the Village Clerk.
A separate and independent building sewer shall be provided for every building, except that, where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as a separate building sewer. The Village will assume no responsibility or obligation for damage caused by such single connections.
Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Village Engineer, to meet all requirements of this chapter.
Piping shall be medium or standard weight ductile iron pipe or PVC SDR 35, ABS Schedule 80 or other equal material approved by the Sewer Department. Joints shall be gastight and watertight. If installed in filled or unstable ground, the building sewer shall be of ductile iron soil pipe, except that nonmetallic material may be accepted if laid on a suitable concrete bed or cradle as approved by the Sewer Department. Bedding material is to be placed in the trench so as to obtain equal support for all sections of pipe.
[Amended 11-10-1987 by L.L. No. 2-1987]
The size and slope of the building sewer shall be subject to the approval of the Sewer Department, but in no event shall the diameter be less than four inches. The slope of such four-inch pipe shall not be less than 1/8 inch per foot nor more than 1/2 inch per foot or as may be required.
The depth shall be sufficient to afford protection from frost. The sewer shall be a minimum of two feet deep, and preferably deeper than 3.5 feet, and shall have at least an eight-foot horizontal separation or an eighteen-inch vertical separation from any waterline. If this is impossible, the sewer shall be ductile iron mechanical joint pipe. No building sewer shall be laid parallel to or within three feet of any bearing wall which might thereby be weakened. The building sewer 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. Where horizontal bends of more than 11 1/4° are required, cleanouts of a type approved by the Sewer Department are to be installed.
[Amended 11-10-1987 by L.L. No. 2-1987]
In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such drain shall be lifted by approved artificial means and discharged to the building sewer, and the cost of furnishing, not installing, such artificial means shall be paid by the improvement where the aforesaid building drain was in place and in existence as of the time that the public sewer is installed. The cost of repairs, replacement, maintenance and utilities shall be paid by the owner. The cost of installation, maintenance, repair and replacement of any artificial means of lifting sanitary sewage from a building drain to the public sewer, as well as the utility costs incurred in the operation thereof, which artificial means are made necessary by the construction and installation of building drains subsequent to the installation of the public sewer, shall be paid by the owner of the premises on which any such building drain is located.
All excavations required for the installation of a building sewer shall be open-trench work unless otherwise approved by the Sewer Department. Pipe laying and backfill shall be performed in accordance with the section of the construction specifications for the Village of Rhinebeck primary benefit area entitled "Excavation, Trenching and Backfilling for Utilities Systems."
The connection of the building sewer into an existing public sewer shall be at the property line. If a lateral connection has not previously been provided, the lateral will be constructed from the existing public sewer to the property line by the Sewer Department upon submittal of a proper application by the property owner. The method of connection of the lateral to the public sewer will be dependent upon the type of sewer material used and, in all cases, shall be approved by the Sewer Department. The cost of constructing said lateral shall be paid by the owner. Repairs to deep sewer laterals shall be at the expense of the improvement area where such repairs exceed an eight-foot depth.
The applicant for the building sewer permit shall notify the Sewer Department when the building sewer is ready for inspection and connection to the public sewer lateral. The connection shall be made under the supervision of the Sewer Department or such other person appointed by the Village Board.
When trenches are opened for the laying of house sewer lateral pipes, such trenches shall be inspected by the Village Engineer or his deputy or representative before the trenches are filled, and the owner performing such work shall notify the Sewer Department when the laying of the house sewer is completed. If a trench is filled before inspection is made, the owner to whom a permit is issued must reexcavate the trench to permit the required inspection.
All excavation for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Village.
Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers or to a natural outlet approved by the Village Engineer. Industrial cooling waters or unpolluted process waters may be discharged, upon approval of the Village Engineer and the New York State Department of Environmental Conservation, and shall require a New York State Pollutant Discharge Elimination System permit to be discharged to natural drainage.
All extensions to the sanitary sewer system owned and maintained by the Village shall be properly designed in accordance with the Recommended Standards for Sewage Works, as adopted by the Great Lakes — Upper Mississippi River Board of State Sanitary Engineers, and in strict conformance with all requirements of the New York State Department of Health. Plans and specifications for sewer extensions shall be submitted to, and approval obtained from, the Engineer and New York State Department of Health before construction may proceed. The design of sewers must anticipate and allow for flows from all possible future extensions or developments within the immediate drainage area.
Sewer extensions, including new subdivisions or developments, shall be handled in the following manner:
Prior to reaching plant capacity. If the plant capacity has not yet been reached, the developer, after preliminary approval from the Planning Board, shall apply to the Village Board, stating the size and gallons per day required. If the Village Board determines that the project is viable and that there is sufficient plant capacity, it shall require the developer to post cash or negotiable securities in a specific amount to assure that this portion of the plant capacity will actually be utilized. This amount shall be determined by computing the percent of total flow that the developer will utilize and taking that same percentage of the total outstanding sewer capital debt. A security agreement will then be executed between the owner and the Village, with a term of committment no longer than three years.
After reaching the plant capacity. The same procedure as above shall be followed, except that the total amount shall be a percentage of existing debt plus the total cost of improvement necessary to increase the plant capacity. If the Village Board elects to increase the plant capacity beyond the needs of the developer to serve future developers, the percentage of the improvement cost shall be determined by a ratio of this developer's needs to design needs.
A sewer extension, including individual building sewer laterals to the property line, may be constructed by the Village under public contract if, in the opinion of the Village Board, the number of properties to be served by such extension warrants its cost. Under this arrangement, the property owner shall pay for and install the building sewer from the property line to his residence or place of business in accordance with the requirements of §§ 91-9 through 91-18. Thereafter, each property owner served by the extended public sewers will be charged at the full service charge rate as outlined in Article II of this chapter. Property owners may, in accordance with applicable law, propose sewer extensions within the Village by drafting a written petition, signed by a majority of the benefiting property owners, and filing it with the Village Board.
If the Village does not elect to construct a sewer extension under public contract, the property owner, builder or developer may construct the necessary sewer extension, if this extension is approved by the Village Board in accordance with the requirements of this section. He or they must pay for the entire installation, including all expenses incidental thereto. Each building sewer must be installed and inspected as required by the chapter, and the inspection fees shall be paid. Design of sewers shall be as specified in § 91-20. The installation of the sewer extension must be subject to full-time inspection by the Village Engineer, and the expenses for this inspection shall be paid for by the owner, builder or developer. The Village Engineer's decision shall be final in matters of quality and methods of construction. The sewer, as constructed, must pass the exfiltration test required in § 91-22 before it is to be used. The cost of the sewer extension thus made shall be absorbed by the developers or the property owners, and thereafter the property owners will be subject to a sewer service charge proportional to their use of trunk sewers and the treatment plant and their proportion of operational and maintenance costs as outlined in Article II.
[Amended 11-10-1987 by L.L. No. 2-1987]
Sewer design shall be in accordance with the following provisions:
Pipe shall be of a type approved by the Village Engineer.
Trench widths, as measured just above crown of the pipe, shall not exceed the following:
If the trench widths are found during field inspection to exceed the limits in the above table, the sewer pipe shall be encased with a minimum of six inches of concrete. Pipe shall be firmly and evenly bedded on a minimum of three inches of No. 1A or No. 1 crushed stone, New York State Department of Transportation specification. Pipe thickness and field strength shall be calculated on the following criteria:
Utilizing the above information, design shall then be made as outlined in Chapter IX of the Water Pollution Control Federation Manual of Practice No. 9, Design and Construction of Sanitary and Storm Sewers.
Manholes shall be constructed at all changes in slope alignment or at intervals not exceeding 400 linear feet. The manholes shall be constructed with a poured three-thousand-pound-per-square-inch concrete base, steel troweled concrete or mortar inverts and precast four-foot diameter concrete manhole barrel sections and a tapered top section. The manhole frame and cover shall be the standard design of the Village and shall be set with no less than two courses of brick underneath to allow for later adjustment in elevation.
All sewers shall satisfy requirements of a final exfiltration test before they will be approved and sewage flow accepted from them by the Village. This test consists of filling the pipe with water to provide a head of at least five feet above the top of the pipe or five feet above groundwater, whichever is higher, at the highest point of the pipeline under test and then measuring the loss of water from the line by the amount which must be added to maintain the original level. In this test, the line must remain filled with water for at least 24 hours prior to the taking of measurements.
Exfiltration shall be measured by the drop of water level in a standpipe with closed bottom end or in one of the sewer manholes available for measurement.
When a standpipe and plug arrangement is used in the upper manhole of a line under test, there must be some positive method of releasing entrapped air in the sewer prior to taking measurements. The test length intervals for either type of test shall be as ordered approved, but in no event shall they exceed 100 feet. In the case of sewers laid on steep grades, the length of line to be tested by exfiltration at any one time may be limited by the maximum allowable internal pressure on the pipe and joints at the lower end of the line. The test period, wherein the measurements are taken, shall not be less than two hours in either type of test.
The total leakage of any section tested shall not exceed the rate of 100 gallons per mile of pipe per 24 hours per inch of nominal pipe diameter. For purposes of determining the maximum allowable leakage, manholes shall be considered as sections of forty-eight-inch diameter pipe, five feet long.
The equivalent leakage allowance shall be four and five-tenths gallons per manhole per 24 hours for forty-eight-inch diameter manholes. If leakage exceeds the specified amount, the necessary repairs or replacements required shall be made to permanently reduce the leakage to within the specified limit, and the tests shall be repeated until the leakage requirement is met.
All sewer extensions constructed at the property owner's, builder's or developer's expense, after final approval and acceptance by the Village Engineer, shall become the property of the Village and shall thereafter be maintained by the Village. Said sewer extensions, after their acceptance by the Village, shall be guaranteed for one year. The guaranty shall be in a form provided for by the Village. At the sole discretion of the Village, a completion bond or certified check may be demanded as part of the guaranty.
No builder or developer shall be issued a building permit for a new dwelling or structure requiring sanitary facilities within the improvement boundaries unless a suitable and approved method of waste disposal is proposed. All new developments shall provide an approved system of sanitary sewers.
The connection to the Village of Rhinebeck sewer system from any properties located outside of the Village boundaries shall be at the total discretion of the Village Board of Trustees. If approved, the sewer extension shall remain the property of the owner. All other provisions of the Sewer Use Ordinance shall apply to the extension.
No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer:
Any liquid or vapor having a temperature higher than 150° F. [65° C.)] or that would cause a temperature above 40° C. to enter the treatment facilities.
Any waters or wastes which contain grease or oil or other substance that will solidify or become discernibly viscous at temperatures between 32° and 150° F.
Any waters or wastes containing emulsified oil and grease exceeding an average of 50 parts per million gallons ether-soluble matter.
Any gasoline, benzine, naphtha, fuel oil or mineral oil or other flammable or explosive liquid, solid or gas.
Any noxious or malodorous gas, such as hydrogen sulfide, sulfur dioxide or nitrous oxide or other substance, which either singly or by interaction with other wastes is capable of creating a public nuisance or hazard to life or of preventing entry into sewers for their maintenance and repair.
Any garbage that has not been properly shredded.
Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastic, wood, paunch manure, hair and fleshings, entrails, lime residues, beer and distillery slops, chemical residue, paint residue, cannery waste, bulk solids or any other solid or viscous substance capable of causing obstruction to the flow of the sewers or other interference with the proper operation of the sewerage system.
Any waters or wastes, acid and alkaline in reaction, having corrosive properties capable of causing damage or hazard to structures, equipment and personnel of the sewerage system; free acids and alkalies must be neutralized at all times within a permissible pH range of 6.0 to 9.0.
Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits as provided by the Village Engineer in compliance with local, state and federal regulations.
Any waters or wastes that, for a duration of 15 minutes, have a concentration greater than five times the average of that of normal sanitary sewage, as defined in Subsection M of this section, as measured by suspended solids and BOD and/or which is discharged continuously at a rate exceeding 1,000 gallons per minute, except by special permit.
Any stormwater, roof drain, springwater, cistern or tank overflow, cellar or footing drains, discharge from any vehicle rack or motor, or the contents of any privy vault, holding tank, septic tank or cesspool or the discharge of effluent from any air-conditioning machine or refrigeration unit.
No person shall discharge or cause to be discharged any waters or wastes containing a toxic or poisonous substance, a high chlorine demand or suspended solids 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 or the effluent of the wastewater treatment facility. Such toxic substances shall be limited to the average concentrations listed hereinafter in the sewage. If concentrations listed are exceeded, individual establishments will be subject to control in volume and concentration by the Village Engineer.
The list of toxic limits provided herein will be replaced by the list of limits of toxic substances established pursuant to Section 307 of the Clean Water Act, when promulgated. Any limits in the existing list which are either more stringent than the federal limit for a particular substance or for a substance not included in the federal list may remain.
Normal sanitary sewage shall be construed to be all sewage within the following ranges at the effluent of the industrial plant in question.
[Amended 11-10-1987 by L.L. No. 2-1987]
Grease, oil and sand interceptors shall be provided when, in the opinion of the Village Engineer, 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 Village Engineer and shall be located so as to be readily and easily accessible for cleaning and inspection.
Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight and equipped with easily removable covers which, when bolted in place, shall be gastight and watertight.
Where installed, all grease, oil and sand interceptors shall be maintained by the owner, at his expense, in continuously efficient operation at all times and shall be accessible and open to inspection by the Village Engineer or his deputy or representative at any time.
The admission into the public sewers of any waters or wastes having a five-day biochemical oxygen demand greater than 300 parts per million by weight, containing more than 350 parts per million by weight of suspended solids, containing more than 15 parts per million of chlorine demand, containing any quantity of substances having the characteristics above the previously described limits or having an average daily flow greater than 2% of the average daily sewage flow of the Village shall be subject to the review and approval of the Village Engineer. Where necessary, in the opinion of the Village Engineer, the owner shall provide, at his expense, such preliminary treatment as may be necessary to reduce the biochemical oxygen demand to 300 parts per million by weight, reduce the chlorine demand to 15 parts per million, reduce objectionable characteristics or constituents to within the maximum limits provided for or control the quantities and rates of discharge of such waters or wastes.
Plans, specifications and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the Village Engineer and of the State of New York Department of Environmental Conservation, and no construction of such facilities shall be commenced until said approvals are obtained in writing.
Where preliminary treatment facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.
When required by the Village Engineer, the owner of any property served by a building sewer carrying industrial wastes shall install a suitable control manhole in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the Village Engineer. The manhole shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times.
All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made shall be determined in accordance with the Dutchess County Health Department Methods of Examination of Water and Sewage and using Standard Methods for the Examination of Water and Wastewater as a correct laboratory reference, upon suitable samples taken at control manholes provided for above. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected.
No statement contained in this chapter shall be construed as preventing any special agreement or arrangement between the Village and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the Village for treatment, subject to payment therefor by the industrial concern, insofar as it does not place the Village in a position of contravening other standards or requirements.
No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the improvement sewerage works. Any person violating this provision shall be subject to immediate arrest under charge of criminal mischief.
The Village Engineer, employees of the United States Environmental Protection Agency and the New York State Department of Environmental Conservation and duly authorized employees of the Village, bearing proper credentials and identification and having a reason for inspection, shall be permitted to enter upon all properties for the purposes of inspection, observation, measurement, sampling and testing, in accordance with the provisions of this chapter. The Village shall have the authority to enforce industrial pretreatment standards promulgated by the U.S.E.P.A. pursuant to Section 307 of P.L. 92-500.
The Village Board shall appoint a Superintendent for the improvement who shall have such duties and responsibilities for the management and operation of the improvement as the Village Board may from time to time establish.
Any person found to be violating any provision of this chapter shall be served by the Village with written notice by certified mail, stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
[Amended 11-10-1987 by L.L. No. 2-1987]
Any person who shall continue any violation beyond the above time limit shall be guilty of an offense and, upon conviction thereof, shall be fined in an amount not exceeding $200 for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.
Any person violating any of the provisions of the chapter shall become liable to the Village for any expense, loss or damage occasioned the Village by reason of such violation.
Sewer charges shall be used for deriving revenues for financing and maintaining sewage collection and treatment facilities. The funds derived from these charges shall be used for all municipal expenses associated with constructing, improving or maintaining a sewerage system, including engineering, planning, construction, reconstruction of sewers and all necessary appurtenances thereto, including pumping stations, extensions, enlargements, replacements or additions to the sanitary sewer systems or the preliminary or other studies and surveys relative thereto and for the acquisition of land or rights-of-way for any of the capital improvements.
Sewer charges shall include a sewer user charge which shall be levied on owners of properties located within or without the Village of Rhinebeck who contribute sewage to the public sewers and a capital cost amortization charge to be levied on all users connected to the public sewers.
The following items will be funded by the sewer user charge:
The Village Board of the Village of Rhinebeck shall review the user charges not less than biannually and revise them periodically to reflect the actual sewerage works, operations and maintenance cost.
Sewer user charges shall be billed quarterly at the same time that the Village of Rhinebeck water bills for water usage. Users will be notified at least annually of the rate and breakdown of charges attributable to wastewater treatment services.
Sewer user charges shall be levied on the basis of the amount of water from the Village Water Department used by each sewer user at such per-gallon rates as the Village Board may from time to time establish.
The user charge is based upon domestic flow or properly pretreated industrial flow. Adjustments for high-strength sewage shall be based on the following formula [in 1,000 gallons]:
In the event of a defective water meter, the average of its last two quarterly billings for sewer user charges during which the meter was operating properly will be charged.
In the event that other than a residential class user enters and uses the improvement, the method of computing the sewer user charges for such a user would be based on factors such as strength, volume and delivery flow rate characteristics, as well as the amount of water from the Rhinebeck Water Department used by such user as set forth above. If the property has its own water supply or is served by an unmetered independent water company, the owner shall have the option of installing a water meter at his expense, or the user charges shall be based on 100 gallons per person per day. This shall mean that every man, woman or child living in the residence shall be charged at that rate. Commercial or nonresident users must install a water meter at their own expense. The capital costs amortization charges shall also be levied on the basis of the water usage of each parcel of property within the improvement boundaries connected to the public sewer.
The bills for sewer user charges shall become due and payable to the Village of Rhinebeck, and such payment shall be made to the Village Clerk, at the Clerk's office, quarterly. Users of greater than 50,000 gallons per quarter shall be billed monthly. If such bills are not paid within 15 days, a penalty of 10% of the amount of such bill will be added thereto. If such bill remains unpaid for 60 days, then water service to the user shall be terminated until payment is made. Sewer user charges and capital cost amortization charges and the interest and penalties thereon shall be a lien upon the real property which is using the public sewer or which is located within the primary benefit area, and on or before the day when, under the Village Law, preliminary estimates of expenditures are required to be submitted, the Village Clerk shall prepare and file with the Village Board a statement showing all sewer user charges, with penalties and interest thereon, which remain unpaid, which statement shall contain a brief description of the property to which sewer services were supplied or which is within the primary benefit area, the name of the owner liable to pay the same, so far as may be known, and the amount chargeable.
The cost of constructing the lateral from the public sewer to the property line will be covered by the above connection charge, and the work will be performed by the Village. The property owner shall pay all costs of constructing the building sewer from the property line to the building drain, or the Village Board may, if it deems it advisable and feasible, contract for the cost of constructing said building sewer from the property line to the building drain and charge the property owner an installation charge therefor at a rate to be established by the Village Board; but the property owner shall pay all costs of preparing an opening through the building wall permitting the passage of said building main through the wall to the building drain. If the Village Board decides to contract for said connections, then all necessary connections will be made under that contract.
Sewer charges for users situated outside of Village boundaries shall be at a rate of 15% greater than the established rates for users situated within the Village boundaries.
Editor's Note: Former Section X, Amendments, which immediately followed this section, was deleted 11-10-1987 by L.L. No. 2-1987.
[Added 4-9-1985 by L.L. No. 5-1985; amended 5-12-1992 by L.L. No. 4-1992]
The charge for a standard tap where no tap has been previously installed shall be $500.