In order to assure the proper disposal of sewage
and wastewaters and proper operations, maintenance and protection
of the public sewers, the sewage treatment plant and all other sewage
works within the Town of Pawling Sewer Districts and to provide an
adequate record of sewers, drains, appurtenances and connections thereto,
this sewer use chapter is hereby enacted by the Town of Pawling.
The sanitary sewer system of the Town of Pawling
Sewer Districts consists of lateral and trunk sewers laid in the streets
and rights-of-way. The locations of these works, including the kinds,
sizes and depths of pipelines, are to be shown on sets of plans on
file at the office of the Town Clerk of the Town of Pawling and with
the Pawling Joint Sewer Commission. At all points where there are
changes in alignment or grade of the sewers, manholes with cast-iron
frames and covers shall be built for ventilation and cleaning.
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 for this purpose
only. No connections shall be permitted to be made to the sanitary
system which carry or deliver other than domestic sewage or industrial
wastes unless specifically approved by the Town Board and/or the Pawling
Joint Sewer Commission. The best interests of the municipal sewer
system warrant extreme care in the manner of making and laying all
connections to the public system.
All house sewers or sewer connections shall
be laid and connected in accordance with this chapter and any rules
and regulations issued pursuant hereto, and the repair, maintenance
and extension of the same shall likewise conform to this chapter and
any rules and regulations issued pursuant hereto. The entire expense
and responsibility of all connections from the public sewer to the
house shall be borne by the property owner.
Any discharge of industrial waste and any sewer
connection which carries or discharges an industrial waste to the
public sewer system shall be made conditional based upon the following
limitations:
A. The quantity and rate of flow of industrial wastes
to be discharged to the public sewers shall not exceed limitations
established by the Sewer Inspector and shall be subject to review
by the Town Board and/or the Pawling Joint Sewer Commission.
B. If any waters or wastes are discharged or are proposed
to be discharged to the public sewers, which waters contain the substances
or possess the characteristics enumerated in this chapter or which,
in the judgment of the Sewer Inspector, may have a deleterious effect
upon the sewage works, processes, equipment or receiving waters or
which otherwise create a hazard to life or constitute a public nuisance,
the Sewer Inspector may:
(1) Reject the wastes and sever connections with the public
sewer.
(2) Require pretreatment to an acceptable level stipulated
in state and federal pretreatment regulations and subject to state
and federal review and approval for discharge to the public sewers.
It shall be unlawful for any person(s), firm
or corporation:
A. To place, deposit, permit or cause 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 or harmful
waste, except as hereinafter provided, except where special permission
of the Village Board is given.
B. To uncover any portion of the public sewers or connection
thereto or to open any manhole or appurtenance of the sewage system,
except under permit signed by the Sewer Inspector.
C. To open any highway or public ground for the purpose
of making any sewer connection or to make or cause to be made any
connection with the public sewer, except under permit signed by and
under the supervision of the Sewer Inspector.
D. To break or to cut or remove any pipe of the public
sewer stem or to make or cause to be made any connection to the public
sewers except through the connection branches provided for that purpose.
The location of said connection branches will be designated by the
Sewer Inspector.
E. To 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.
F. To 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, acid germicides,
grease, brewery or distillery washwater, gasoline, naphtha, benzene
or similar liquid, oil or other industrial or trade waste or any other
substance detrimental to or deemed by the Sewer Inspector to be detrimental
to the municipal sewers or to the operation of the sewage 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 public
sewers will be neutral in character, as determined by the standard
acid-alkalinity tests, and be free from excess suspended matter or
excess bacterial agents, as may be approved by the Town Board and/or
the Pawling Joint Sewer Commission. Steam engine exhaust or blowoff
from steam boilers shall not be connected to the public sewers.
G. To 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 a size
and design approved by the Sewer Inspector.
H. To throw or deposit or to cause or allow to be thrown
or deposited in any fixture, vessel, receptacle, inlet or opening
connected directly with any public sewer any unground table garbage,
vegetable parings and the like. The use of mechanical garbage grinders
producing a finely divided mass, properly flushed with an ample amount
of water, is permitted under this chapter and any rules and regulations
issued pursuant hereto.
I. To 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 Sewer Inspector.
J. To throw or to 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 of any kind or character other than feces,
urine, necessary toilet paper, liquid house slops or properly ground
table garbage.
All measurements, tests and analyses of characteristics
of waters and wastes to which reference is made shall be determined
in accordance with the latest edition of Standard Methods for the
Examination of Water and Wastewater and shall be determined on samples
collected at suitable points.
A. The design, installation and operation of pretreatment
and equalization facilities, which the Town Board and/or the Pawling
Joint Sewer Commission or its appointed agent has deemed necessary
for municipal acceptance of industrial waste, shall be subject to
review and approval by the Town Board and/or the Pawling Joint Sewer
Commission or its appointed agents and subject to requirements of
all applicable codes. These facilities shall be maintained at the
industry's expense and shall include:
(1) A suitable control manhole, channel or flume, together
with such appurtenances in the effluent sewer to facilitate observation,
sampling and measurement of the untreated, pretreated and equalized
wastes. Such manhole, channel or flume shall be accessibly and safely
located and shall be constructed in accordance with plans approved
by the Sewer Inspector. The manhole shall be installed at the industry's
expense and shall be maintained by it so as to be safe and accessible
at all times.
(2) Industries shall install a suitable recording flow
meter at the control manhole, channel or flume which will continuously
measure and record the rate of flow of any waters and wastes. The
flow shall be in accordance with plans approved by the Sewer Inspector
and shall be maintained to produce a continuous record of all water
and wastes entering the public sewers. The flow meter shall be installed,
maintained and operated at the industry's expense.
(3) Industries shall install a sampling device at the
control manhole, channel or flume which will sample the wastewater
at fifteen-minute intervals or less and composite the sample in the
proportion to the rate of flow at the time of sampling. The sampling
device shall have a storage container of sufficient volume to retain
a mixture of samples over 24 hours with refrigeration equipment to
maintain the composited sample at a temperature of four degrees Centigrade
(39.2° F.), plus or minus two degrees Centigrade (3.6° F.),
and in darkness. The sample device shall be selected and installed
in accordance with plans approved by the Sewer Inspector. The sampling
device shall be maintained, cleaned and operated by the industry subject
to the approval of the Sewer Inspector. The sampling device shall
be installed and maintained at the industry's expense.
(4) Industries, where required by the Town Board and/or
the Pawling Joint Sewer Commission or its authorized agents, shall
install a suitable recording pH meter at the control manhole, channel
or flume which will continuously measure and record the pH of any
water and wastes. The pH information shall be transmitted by any electric
or mechanical system to the control building of the sewage treatment
plant and similarly recorded. An alarm system shall be connected to
the pH meter to notify the industry and the operator of the sewage
treatment plant when the pH exceeds the limit set forth by this chapter.
The pH meter recording and telemetering system and alarm system shall
be selected and installed in accordance with plans approved by the
Sewer Inspector and shall be maintained and operated by the industry,
subject to approval by the Sewer Inspector. The pH meter, recorders,
telemetering system and alarm system shall be installed and maintained
at the industry's expense.
(5) While performing the necessary work at any industrial
property, the Sewer Inspector or duly authorized agent of the town
and/or the Pawling Joint Sewer Commission shall observe all safety
rules applicable to the premises established by the company, and the
company shall be held blameless for any injury or loss to the town
or Commission employees, and the town shall indemnify the company
against loss or damage to its property by employees and against liability
claims and demands for personal injury or property damages asserted
against the company and growing out of the gauging and sampling operation,
except as such may be caused by negligence or failure of the company
to maintain safe conditions as required above.
B. If the industry is found to be violating any provision
of this chapter, it shall be served with written notice stating the
nature of the violation and providing a reasonable time for the satisfactory
correction thereof. The industry shall, within the period stated in
such notice, permanently cease all violations.
C. If the industry violates any provisions of this chapter,
it shall become liable to the town for any expense, loss or damage
occasioned the town by reason of such violation.
D. If the industry shall continue any violation beyond
the time limit provided herein, the town may, upon recommendation
of the Sewer Inspector, reject the wastes and sever the connection
to the public sewer.
E. Notwithstanding any provisions of this chapter, disposal
into the public sewers is unlawful except in compliance with federal
standards promulgated by the Federal Environmental Protection Agency
in accordance with Section 307 of the FWPCA. Further, each major contributing
industry shall submit a report in compliance with the requirements
of Section 307 on the fifteenth day of the months of March, September
and December or as otherwise prescribed by the Sewer Inspector. A
major contributing industry is described as any of the following:
(1) An industry that has a flow of 50,000 gallons or more
per average workday.
(2) An industry that has a flow greater than 5% of the
flow carried by the municipal system receiving the waste.
(3) An industry that has in its waste a toxic pollutant
in toxic amounts as defined in standards issued under Section 307a
of the FWPCA.
(4) An industry that has a significant impact, either
singly or in combination with other contributing industries, on the
treatment works or the quality of its effluent.
No persons shall construct any drain or sewer
upon or from any premises in said municipality or use or permit to
be used any sewer or drain without a permit from the Sewer Inspector.
A. Application for permit. Before any sewage work or
drainage can be done or connected in or on any property or before
any alterations or additions are made to old sewage or drainage work,
when the same is to be connected with the public sewer or private
septic system, plans and descriptions of the proposed work, signed
by an authorized person, shall be filed in the office of the Sewer
Inspector, accomplished by an application for approval of said plan
and the issuance of a permit to do said work. Application shall be
upon a blank form obtained from the Sewer Inspector and shall state
the name of the person who has been engaged by the owner to do the
work. The application fee shall be as set by resolution of the Town
Board; however, said fee amount is subject to change upon the
passage of a resolution of the Town Board. The permit shall, during
construction, be kept at the site of the work and be available for
inspection by any duly authorized agent(s) of the Town Board and/or
the Pawling Joint Sewer Commission.
B. Disturbing pavements. No permit granted by the Sewer
Inspector shall be constructed 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 in 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 application shall have first obtained
approval from the state or county or town 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 thereof.
C. Revocation of permit. Whenever, in the opinion of
the Sewer Inspector, any person violates any of the provisions of
this chapter, said Inspector shall report the same, in writing, to
the Town Board, and, if the Town Board shall find the charges are
sustained, it may revoke the permit of such person.
(1) Any person found to be violating any provision of
this chapter and any rules or regulations issued pursuant hereto 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.
(2) No person, firm or corporation, once having obtained
a permit in the municipality, who shall have violated any of the provisions
and any rules and regulations issued pursuant hereto 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
this chapter and any rules and regulations issued pursuant hereto,
shall not be eligible to receive any renewal of such permit until
such default on his or their or its part has been removed.
D. Entry into premises for inspection. The Sewer Inspector
and other duly authorized employees of the Board, 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 all times for the
purpose of inspection, observation, measurement, sampling and testing
in accordance with the provisions of this chapter and any rules and
regulations pertaining hereto. The Inspector shall limit his inspection
to the sewage system and the area of the property or structure therein
where the components of the system are located.
[Amended 3-4-1992 by L.L. No. 1-1992]
The purpose of the Article is to provide for
the fair distribution of costs for operating and maintaining sewage
works serving the Town of Pawling Sewer Districts.
As used in this Article, the following terms
shall have the meanings indicated:
OPERATIONS AND MAINTENANCE COSTS
Annual costs incurred by the Town of Pawling Sewer Districts
for the operation, maintenance and replacement of sewage works or
portions thereof serving the Town of Pawling Sewer Districts.
[Amended 3-4-1992 by L.L No. 1-1992]
PROPERTY
Properties of land which have been determined to have access
to and thereby benefit from sewage works in the Town of Pawling Sewer
Districts.
USER
An individual, business, corporation or entity which discharges
sewage into the sewage works of the Town of Pawling Sewer Districts.
[Amended 3-4-1992 by L.L. No. 1-1992]
A. Apportionment. Annual charges for operations and maintenance of sewage works within the Town of Pawling Sewer Districts will be apportioned to each property in accordance with the requirements set forth in 40 CFR, Ch.
1 (7-1-1990 Edition), § 35.929 et seq., and Article 14-F of the General Municipal Law.
B. Determination of charge. The Pawling Town Board and
the Pawling Village Board have decided to combine all annual costs
of operations and maintenance and have authorized the Pawling Joint
Sewer Commission to allocate the costs among the properties in the
village and town using the following model:
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CU = VC x VU
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where:
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CU = A user's charge for operation and maintenance
per unit of time.
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VC = Operations and maintenance cost for transportation
and treatment of one unit of sewage volume.
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VU = Volume contribution of sewage from a user
per unit of time.
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C. Calculation of flow.
(1) The owner of any parcel of real property within the
Town of Pawling Sewer Districts may, if he or she desires, purchase
an approved measuring device at his or her cost and expense and install
the same in a manner approved by the Town Board which measures directly
the usage of the sewage system. Thereafter the sewer usage rent shall
be based upon the metered usage of the sewage system. If no such device
is installed, then sewage flow will be calculated based upon a fraction
of metered water usage.
(2) The Town Board may require the owner of any parcel
of real property who makes use of the sewage system to install a water
meter, at the owner's expense.
D. Computation of VC. The value
of VC shall be established annually by the
Town Board based on the operation and maintenance expenses incurred
during the past fiscal year. If past date is not available, then the
Village Board or its agents shall compute the value of VC based on data which are deemed to reasonably represent
the projected annual operation and maintenance expenditures for the
year.
E. Extraneous flow. If extraneous flow is measured, the
cost of treating it shall be borne by the users of the system in direct
proportion to their volume of discharge.
F. Method of payment. Annual operations and maintenance
charges shall be billed quarterly and will be due on the fifteenth
day of January, April, July and October of each year. Nonpayment shall
be subject to a penalty of 15% per quarter after nonpayment for 30
days.
G. Operations and maintenance charges to constitute lien.
Operations and maintenance charges shall constitute a lien upon the
real property served by the sewage works of the Town of Pawling Sewer
Districts to the extent set forth in § 452 of the General
Municipal Law.
H. Method of payment.Operations and maintenance charges
are to be calculated annually for each property in the Village and
Town Sewer Districts and will be billed in quarterly amounts in advance
every three months.
[Amended 3-4-1992 by L.L. No. 1-1992]
A. Development of rate schedules. Prior to the start
of each fiscal year of operation, the Pawling Joint Sewer Commission
and the Town Board of the Town of Pawling shall cause to be prepared
a rate schedule for the upcoming fiscal year. The schedule shall be
based upon the budgeted expenses developed under this chapter.
B. Notification and publication of rate schedule. Following
the development and prior to the adoption and enactment of a new or
modified rate schedule, the Town Board of the Town of Pawling or the
Pawling Joint Sewer Commission, if so designated by the Town Board,
shall cause to have published in the official newspaper of the Town
of Pawling the proposed rate schedule. The publication shall also
state a time and place for public comments to be reviewed by the Town
Board of the Town of Pawling or the Pawling Joint Sewer Commission,
if so designated by the Town Board. Said meeting shall occur no fewer
than 15 but not longer than 30 days after the date of publication.
C. Adoption of rate schedule. After notification and publication as set forth in Subsection
B of this section, the Town Board of the Town of Pawling may cause to have adopted by majority vote the proposed rate schedules.
D. At least annually, each user shall be notified of
the rate schedule in conjunction with a regular bill.
[Added 3-4-1992 by L.L. No. 1-1992]
Notwithstanding anything in this chapter to
the contrary, each property in the Town of Pawling which is connected
to the sewerage system shall pay a minimum charge for such property
every three months in an amount equal to the charge which would be
levied hereunder if such property had water meter usage of 8,000 gallons
in such calendar quarter.