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City of Kingston, NY
Ulster County
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Table of Contents
Table of Contents
A. 
Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows:
B.O.D. (denoting Biochemical Oxygen Demand
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20º C. expressed in parts per million by weight.
GARBAGE
Solid wastes from the preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.
INDUSTRIAL WASTES
The liquid wastes from industrial processes as distinct from sanitary sewage.
PERSON
Any individual, firm, company, association, society, corporation or group.
PLUMBING INSPECTOR
The term "Administrative Authority" shall mean the Plumbing Inspector of the City of Kingston.
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 particles greater than 1/2 inch in any dimension.
SEWAGE-TREATMENT PLANT
Any arrangement of devices and structures used for treating sewage.
SEWAGE
A combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface and storm waters as may be present.
SEWAGE WORK
All facilities for collecting, pumping, treating and disposing of waste and sewage.
SUSPENDED SOLIDS
Solids that either float on the surface of or are in suspension in water, sewage or other liquids; and which are removable by laboratory filtering.
B. 
"Shall" is mandatory; "may" is permissive.
A. 
It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner upon public or private property within the City of Kingston, or in any area under the jurisdiction of said city, any human or animal excrement, garbage or other objectionable waste.
B. 
It shall be unlawful to discharge to any natural outlet within the City of Kingston, or in any area under the jurisdiction of said city, any sanitary sewage, industrial wastes or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions in this chapter.
C. 
Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage.
D. 
The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purpose, situated within the City of Kingston and abutting on any street, alley or right-of-way in which there is now located or may in the near future be located a public sanitary sewer of the City of Kingston, is hereby required at his expense to install suitable toilet 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 date of official notice to do so, except as provided for in Subsection E.
[Amended 3-15-2023 by Res. No. 1-2023, approved 3-17-2023]
E. 
If a public sanitary sewer does not exist in the abutting street or right-of-way, an owner may apply to the City of Kingston City Engineer for a waiver of the requirement to connect to a public sewer. If the waiver is approved, the owner must then apply to the Ulster County Health Department for a permit to construct an on-site disposal system. Individual connection waivers may be considered by the City Engineer, on a case-by-case basis, considering the facts of the situation, including, but not limited to:
[Added 3-15-2023 by Res. No. 1-2023, approved 3-17-2023]
(1) 
Flow is low or seasonal, and less than 150 gallons per day.
(2) 
Connection to the public sewer is infeasible. Cost of connection may be a factor considered by the City Engineer.
(3) 
On-site soils are shown to be suitable for on-site disposal of wastewater.
(4) 
Accessory dwelling united, where the primary dwelling unit is connected to a public sewer, will not generally qualify for a waiver.
If any applicant for a waiver wishes to appeal the decision of the City Engineer, the decision may be appealed to the Mayor of the City of Kingston. The Mayor's decision in all such matters will be final.
A. 
Where a public sanitary sewer is not available under the provisions of § A407-102D, or where a waiver under § A4O7-10E has been granted by the City of Kingston, the building sewer shall be connected to a private sewage-disposal system complying with the provisions of this article, and specific plans approved by the Ulster County Department of Health. The City Engineer will furnish the applicant with a letter advising that an on-site system, in lieu of a connection to the City of Kingston public sewer system, is being allowed for the specific location and for a specific use.
[Amended 3-15-2023 by Res. No. 1-2023, approved 3-17-2023]
B. 
Before commencement of construction of a private sewage-disposal system, the owner shall provide to the Ulster County Department of Health a letter from the City Engineer advising that an on-site system is allowed by virtue of nonavailability of a public sewer, or by virtue of a waiver approved under the requirements of § A407-102E. The owner shall then apply for and obtain a written permit signed by the Ulster County Department of Health. The application for such permit shall be made on a form furnished by the City of Kingston, which the applicant shall supplement by any plans, specifications and other information as are deemed necessary by the City of Kingston or the Ulster County Department of Health.
[Amended 3-15-2023 by Res. No. 1-2023, approved 3-17-2023]
C. 
A permit for a private sewage-disposal system shall not become effective until the installation is completed to the satisfaction of the Plumbing Inspector. He shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the Inspector when the work is ready for final inspection, and before any underground portions are covered.
D. 
The type, capacities, locations and layout of a private sewage-disposal system shall comply with all recommendations of the Ulster County Department of Health. No septic tank or cesspool shall be permitted to discharge to any public sewer or natural outlet.
E. 
At such time as a public sewer becomes available to a property served by a private sewage-disposal system, as provided in § A407-102D, a direct connection shall be made to the public sewer in compliance with this chapter, any any septic tanks, cesspools and similar private sewage-disposal facilities shall be abandoned and filled with suitable material.
F. 
The owner shall operate and maintain the private sewage-disposal facilities in a sanitary manner at all times.
G. 
No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by the Plumbing Inspector or the Ulster County Department of Health.
A. 
No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof, without first obtaining a written permit from the Plumbing Inspector.
B. 
Old building sewers may be used in connection with new buildings when they are found on examination and test by the Plumbing Inspector to meet all requirements of this chapter.
C. 
The building sewer shall be cast-iron soil pipe, ASTM Specification (A74-42) or equal: vitrified-clay sewer pipe, ASTM Specification (C-13-44T) or equal; approved asphalt pipe or other suitable material approved by the Plumbing Inspector. Joints shall be watertight and waterproof. Any part of the building sewer that is located and within three feet of water-service-pipe level or above shall be constructed of cast-iron soil pipe with leaded joints. Cast-iron pipe with leaded joints may be required by the Plumbing Inspector where the building sewer is exposed to damage by tree roots. If installed in filled or unsuitable ground, the building sewer shall be of cast-iron soil pipe, except that nonmetallic material may be accepted if laid on a suitable concrete bed or cradle, as approved by the Plumbing Inspector.
D. 
The size of the building sewer shall be subject to the approval of the Plumbing Inspector but in no event shall be less than four inches. The slope of such four-inch pipe shall not be less than 1/4 inch per foot.
E. 
Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. No building sewer shall be laid parallel to or within three feet of any bearing wall, which might thereby be weakened. The depth shall be sufficient to afford protection from frost. The building 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.
F. 
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.
G. 
All excavations required for the installation of a building sewer shall be open-trench work unless otherwise approved by the Plumbing Inspector. Pipe laying and backfill shall be performed in accordance with ASTM Specification (C-12-19) except that no backfill shall be placed until the work has been inspected.
H. 
All joints and connections shall be made gastight and watertight.
(1) 
Cast-iron pipe joints shall be firmly packed with oakum or hemp and filled with molten lead. Federal Specifications (QQ-L-156), not less than one inch deep. Lead shall be run in one pouring and caulked tight. No paint, varnish or other coatings shall be permitted on the jointing material until after the joint has been tested and approved.
(2) 
All joints in vitrified-clay pipe or between such pipe and metals shall be made with approved hot-poured jointing material or cement mortar, as specified below.
(3) 
Material for hot-poured joints shall not soften sufficiently to destroy the effectiveness of the joint when subjected to a temperature of 160º F. nor soluble in any of the wastes carried by the drainage system. The joint shall first be caulked tight with jute, hemp or similar approved material.
(4) 
Other jointing material and methods may be used only by approval of the Plumbing Inspector.
I. 
The connection with the public sewer system shall be under the supervision of the Plumbing Inspector.
A. 
Clay pipe shall be laid with asphaltic joining material. Where groundwater conditions are encountered and the Mayor deems it necessary, the bell and spigot of the clay pipe shall be primed before pouring the asphaltic compound. And where groundwater conditions are so severe as to prevent the construction of watertight joints, a cement asbestos pipe or equal shall be substituted. This pipe shall be equipped with rubber rings and shall be installed as specified by the manufacturers.
[Amended 12-16-1999 by L.L. No. 2-2000; approved 1-3-2000]
B. 
All sanitary sewers shall be constructed in accordance with the minimum requirements of the Ulster County Department of Health standards.
C. 
Trench waters or any other water will not be allowed to enter the public sanitary sewer system unless specifically authorized by the Superintendent of Public Works. If no other place of disposal is available, permission may be given to discharge limited quantities into the sanitary sewer. However, under such circumstances a settling area with sufficient retention period shall be provided to remove all earth, sand, etc.
[Amended 12-16-1999 by L.L. No. 2-2000; approved 1-3-2000]
A. 
No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage or unpolluted industrial process waters to any sanitary sewer.
B. 
Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the Plumbing Inspector. Industrial cooling water or unpolluted process waters may be discharged, upon approval of the Plumbing Inspector, to a storm sewer, combined sewer or natural outlet.
C. 
Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following described waters or wastes in any public sewer.
(1) 
Any liquid or vapor having temperature higher than 150º F.
(2) 
Any water or waste which may contain more than 100 parts per million by weight of fat, oil or grease.
(3) 
Any gasoline, benzine, naphtha, fuel oil or other flammable or explosive liquid, solid or gas.
(4) 
Any garbage that has not been properly shredded.
(5) 
Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure or any other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works.
(6) 
Any waters or wastes having a pH lower than 5.5 or higher than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works.
(7) 
Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage-treatment process, constitute a hazard to humans or animals, or create any hazard in the receiving waters of the sewage-treatment plant.
(8) 
Any water or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage-treatment plant.
(9) 
Any noxious or malodorous gas or substance capable of creating a public nuisance.
D. 
Grease, oil and sand interceptors.
(1) 
Grease, oil and sand interceptors shall be provided when, in the opinion of the Plumbing Inspector, 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 Plumbing Inspector and shall be so located as to be readily and easily accessible for cleaning and inspection.
(2) 
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.
(3) 
Where installed, all grease, oil, and sand interceptors shall be maintained by the owner, at his expense, in continuously efficient operation at all times.
E. 
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, or containing more than 350 parts per million by weight of suspended solids, or containing any quantity of substances having the characteristics described in Subsection C, or having an average daily flow greater than 2% of the average daily flow of the city, shall be subject to the review and approval of the Plumbing Inspector. Where necessary, in the opinion of the Plumbing Inspector, the owner shall provide, at his expense, such preliminary treatment as may be necessary to do the following: reduce the Biochemical Oxygen Demand to 300 parts per million and the suspended solids to 350 parts per million by weight or reduce objectionable characteristics or constituents to within the maximum limits provided for in Subsection C, or control the quantities and rates of discharge of such waters or wastes. Plans, specifications and other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the Plumbing Inspector and of the Water Pollution Control Commission of the County of Ulster, and no construction of such facilities shall be commenced until the approvals are obtained in writing.
F. 
Where the 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.
G. 
When required by the Plumbing Inspector, the owner of any property served by a building sewer carrying industrial wastes shall install a suitable control manhole on the building sewer to facilitate observation, sampling and measurement of the waste. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with the plans approved by the Plumbing Inspector. The manhole shall be constructed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times.
H. 
All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in Subsections C and E shall be determined in accordance with "Standard Methods for the Examination of Water and Sewage" and shall be determined at the control manhole provided for in Subsection C or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected.
I. 
No statement contained in this article shall be construed as preventing any special agreement or arrangement between the city and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the city for treatment subject to payment thereof by the industrial concern.
No unauthorized 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 municipal sewage works. Any person violating this provision shall be subject to immediate arrest under the charge of disorderly conduct.
The Plumbing Inspector bearing proper credentials and identification shall be permitted to enter upon all properties for the purpose of inspection, observation, measurement, sampling and testing, in accordance with the provisions of this chapter.
A. 
Any person found to be violating any provisions of this chapter except § A407-107 shall be served by the city with written notice 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.
B. 
Any person who shall continue any violation beyond the time limit provided for in Subsection A shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in an amount not exceeding $100 for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.
C. 
Any person violating any of the provisions of this chapter shall become liable to the city for any expense, loss or damage occasioned the city by reason of such violation.
This chapter shall be in full force and effect June 1, 1968.