[Adopted 11-14-1979 by L.L. No. 2-1979]
A. 
Unless the context specifically indicates otherwise, the meaning of terms used in this article 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 or drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys the same 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.
GARBAGE
Solid wastes from the preparation, cooking and dispensing of food and from the handling, storage and sale of produce.
IMPROVEMENT
The Port Ewen Sewer Improvement of the Town of Esopus, Ulster County, New York.
IMPROVEMENT BOUNDARIES
The physical boundaries as presently established or as may be extended from time to time as duly provided by town law.
INDUSTRIAL or COMMERCIAL
Classifications which bear upon applications, rates, fees or other considerations and which shall be determined solely by the Town Board of the town.
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.
PERSON
An individual, firm, company, association, society, corporation or group.
pH
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.
SEWAGE
A combination of the water-carried waste from residences, business buildings and institutions, together with such ground-, surface and storm waters as may be present.
[Amended 3-12-1997 by L.L. No. 4-1997]
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.
SEWER
A pipe or conduit for carrying sewage.
STORM SEWER or STORM 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.
TOWN
The Town of Esopus, Ulster County, New York.
TOWN BOARD
The duly elected Town Board of the Town of Esopus or its authorized deputy or representative.
TOWN ENGINEER
The professional engineer retained as Town Engineer for the Town of Esopus or his authorized deputy, agent or representative.
WATERCOURSE
A channel in which a flow of water occurs, either continuously or intermittently.
B. 
"Shall" is mandatory; "may" is permissive.
A. 
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.
B. 
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 article.
C. 
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.
D. 
The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purpose, situated within the improvement boundaries and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the improvement within 100 feet of said property line and the location of such structure is within 150 feet of the property line is hereby required, at his 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 article, within 90 days after the date of official notice to do so, provided that said public sewer is within 100 feet of the property line and the location of such a structure is within 150 feet of the property line, and any septic tanks, cesspools and similar private sewage disposal facilities shall be cleaned of sludge and liquid, abandoned and filled with suitable material within 90 days after connection to the public sanitary sewer of the improvement.
E. 
The 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 for that water from the plumbing facilities carrying all other forms of sewage and must connect the latter plumbing facilities directly with the proper public sewer in accordance with all the provisions of this article. The owner and/or operator of any car wash continuing to use a private sewage system as aforesaid shall separate the pipes supplying water to the actual vehicle-washing operation from all water lines 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.
F. 
Where a public sanitary sewer is not available under the provisions of § 104-2D above, the building sewer shall be connected to a private sewage disposal system complying with the provisions established by the Ulster County Department of Health.
G. 
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 Ulster County Health Department. The permit shall be made on a form furnished by the Ulster County Health Department and may be supplemented by any plans, specifications and other information as are deemed necessary by the Ulster County Health Department.
H. 
A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Ulster County Health Department. The applicant shall notify the Ulster 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 Ulster County Health Department.
I. 
The type, capacities, 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.
J. 
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.
K. 
At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in § 104-2, a direct connection shall be made to the public sewer in compliance with this article, and any septic tanks, cesspools and similar private sewage disposal facilities shall be cleaned of sludge and liquid, abandoned and filled with suitable material.
L. 
No statement contained in this section shall be construed to override or interfere with any additional requirements that may be imposed by the authorized representative of the Ulster County Department of Health or the New York State 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 Town Board.
B. 
Building sewer permits.
(1) 
There shall be two classes of building sewer permits:
(a) 
For residential and commercial services.
(b) 
For service to establishments producing industrial wastes.
(2) 
In either case, the owner or his agent shall make the application on a special form furnished by the town. Their permit application shall be supplemented by any plans, specifications or other information considered pertinent, in the judgment of the Town Board. A permit and inspection fee of $15 for the sewer permit shall be paid to the Town Clerk at the time the application is filed.
C. 
All costs and expenses incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall pay for and indemnify the town from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
D. 
A separate and independent building sewer shall be provided for every building, except 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.
E. 
Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Town Engineer, to meet all requirements of the article.
F. 
Medium or standard weight cast-iron soil pipe, or PVC STR 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.
G. 
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 be not less than 1/8 inch per foot, nor more than 1/2 inch per foot, or as may be required.
H. 
The depth shall be sufficient to afford protection from frost. 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.
I. 
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 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, replacing, 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.
J. 
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 Port Ewen Sewer Improvement entitled "Excavation, Trenching and Backfilling for Utilities Systems."
K. 
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 deed sewer laterals shall be at the expense of the improved area, where such repair exceeds an eight-foot depth.
L. 
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 Town Board.
M. 
When trenches are opened for the laying of house sewer lateral pipes, such trenches shall be inspected by the Town Engineer or his deputy or representative before the trenches are filled, and the plumber performing such work shall notify the Sewer Department when the laying of the house sewer lateral is completed. If a trench is filled before inspection is made, the plumber to whom a permit is issued must reexcavate the trench to permit the required inspection.
N. 
All excavations 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 town.
O. 
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 Town Engineer. Industrial cooling water or unpolluted process waters may be discharged, upon approval of the Town Engineer, to a storm sewer or natural outlet.
A. 
All extensions to the sanitary sewer system owned and maintained by the town 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 the 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.
B. 
Sewer extensions, including individual building sewer laterals to the property line, may be constructed by the town under public contract if, in the opinion of the Town 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 § 104-3. Thereafter, each property owner served by the extended public sewers will be charged at the full service charge rate as outlined in § 104-9. Property owners may, in accordance with applicable law, propose sewer extensions within the Port Ewen Improvement Area or other parts of the town by drafting a written petition, signed by a majority of the benefiting property owners, and filing it with the Town Board.
C. 
If the town 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 Town Board in accordance with the requirements of the 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 this article, and the inspection fees shall be paid. Design of sewers shall be as specified in Subsection D. The installation of the sewer extension must be subject to full-time inspection by the Town Engineer, and the expenses for this inspection shall be paid for by the owner, builder or developer. The Town 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 Subsection F 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 treatment plant and their proportion of operational and maintenance costs as outlined in § 104-9.
D. 
Sewer design shall be in accordance with the following provisions.
(1) 
Pipe shall be of a type approved by the Town Engineer. Trench widths, as measured just above crown of the pipe, shall not exceed the following:
Pipe Diameter
(inches)
Trench Width
8
3 feet, 3 inches
10
3 feet, 6 inches
12
3 feet, 9 inches
(2) 
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:
(a) 
Safety factor: 1.5.
(b) 
Load factor: 1.7.
(c) 
Weight of soil: 120 pounds per cubic foot.
(d) 
Wheel loading: 16,000 pounds.
(3) 
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.
E. 
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 3,000 pounds per square inch concrete base, steel-troweled concrete or mortar inverts and precast four-inch diameter concrete manhole barrel sections and a tapered top section. The manhole frame and cover shall be the standard design of the town and shall be set with no less than two courses of brick underneath to allow for later adjustment in elevation.
F. 
Final exfiltration test.
(1) 
All sewers shall satisfy requirements of a final exfiltration test before they will be approved and sewage flow accepted from them by the town. 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.
(2) 
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.
(3) 
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 4.5 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.
G. 
All sewer extensions constructed at the property owner's, builder's or developer's expense, after final approval and acceptance by the Town Engineer, shall become the property of the town and shall thereafter be maintained by the town. Said sewer extensions, after their acceptance by the town, shall be guaranteed for one year. The guaranty shall be in a form provided for by the town. At the sole discretion of the town, a completion bond or certified check may be demanded as part of the guaranty.
H. 
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 be provided with an approved system of sanitary sewers.
A. 
No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer:
(1) 
Any liquid or vapor having a temperature higher than 150° F. (65° C.) or which would cause a temperature above 40° C. to enter the treatment facilities.
(2) 
Any water or wastes which contain grease or oil or other substance that will solidify or become discernibly viscous at temperatures between 32° F. and 150° F.
(3) 
Any water or wastes containing emulsified oil and grease exceeding an average of 50 parts per million gallons ether-soluble matter.
(4) 
Any gasoline, benzine, naphtha, fuel oil or mineral oil or other flammable or explosive liquid, solid or gas.
(5) 
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.
(6) 
Any garbage that has not been properly pulverized or ground to fine powder.
(7) 
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 residues, cannery waste, bulk solids or any other solid viscous substance capable of causing obstruction to the flow of the sewers or other interference with the proper operation of the sewage system.
(8) 
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 sewage system. Free acids and alkalies must be neutralized at all times, within a permissible pH range of 6.0 to 9.0.
(9) 
Any long half-life (over 100 days) of toxic radioactive isotopes, without a special permit.
(10) 
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 [defined in Subsection A(13) 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.
(11) 
Any stormwater, roof drains, spring water, 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.
(12) 
Toxic substances.
(a) 
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 City of Kingston wastewater 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 Town Engineer.
Limits of Toxic Substances in Sewage
at Point of Entry into Municipal Systems
Parameter
Effluent Concentration Limits
(milligrams per liter)
Thirty-Day Average
Twenty-Four-Hour Average
Cadmium
0.4
0.8
Hexavalent chromium
0.2
0.4
Total chromium
4.0
8.0
Copper
0.8
1.6
Lead
0.2
0.4
Mercury
0.2
0.4
Nickel
4.0
8.0
Zinc
1.2
2.4
Arsenic
0.2
0.4
Available chlorine
50.0
50.0
Cyanide, free
0.4
0.8
Cyanide, complex
1.6
3.2
Selenium
0.2
0.4
Sulfide
6.0
12.0
Barium
4.0
8.0
Manganese
4.0
8.0
Gold
0.2
0.4
Silver
0.2
0.4
Fluorides
To fresh water
4.0*
8.0*
To saline water
36.0
72.0
Phenol
4.0
8.0
* NOTE: May be multiplied by a factor of 1.5 if the municipal water supply is not fluoridated.
(b) 
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.
(13) 
"Normal sanitary sewage" shall be construed to mean all within the following ranges at the effluent of the industrial plant in question:
Constituents
Normal Range
(parts per million)
Suspended solids
180 to 350
BOD
140 to 300
Chlorine demand
5 to 15
B. 
Grease, oil and sand interceptors shall be provided when, in the opinion of the Town 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 Town Engineer and shall be located as to be readily and easily accessible for cleaning and inspection.
C. 
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.
D. 
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 Town Engineer or his deputy or representative at any time.
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 more than 15 parts per million of chlorine demand or 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 town shall be subject to the review and approval of the Town Engineer. Where necessary, in the opinion of the Town 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 and the suspended solids to 350 parts per million by weight or to reduce the chlorine demand to 15 parts per million or to reduce objectionable characteristics or constituents to within the maximum limits provided for or to control the quantities and rates of discharge of such waters or wastes.
F. 
Plans, specifications and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the Town Engineer, the Water Resources Commission of the State of New York and the New York State Department of Environmental Conservation, and no construction of such facilities shall be commenced until said approvals are obtained in writing.
G. 
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.
H. 
When required by the Town 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 the plans approved by the owner at his expense and shall be maintained by him, so as to be safe and accessible at all times.
I. 
All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made shall be determined in accordance with the Ulster 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 from the point at which the building sewer is connected.
J. 
No statement contained in this section shall be construed as preventing any special agreement or arrangement between the town and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the town for treatment, subject to payment therefor by the industrial concern.
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.
A. 
The Town Engineer, employees of the United States Environmental Protection Agency and the New York State Department of Environmental Conservation and duly authorized employees of the town, 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, measurements, sampling and testing, in accordance with the provisions of this article. The town shall have the authority to enforce industrial pretreatment standards promulgated by the United States Environmental Protection Agency pursuant to Section 307 of P.L. 92-500.
B. 
The Town 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 Town Board may from time to time establish.
A. 
Any person found to be violating any provision of the article shall be served by the town 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 above time limit shall be guilty of a misdemeanor 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.
C. 
Any person violating any of the provisions of the article shall become liable to the town for any expense, loss or damage occasioned the town by reason of such violation.
A. 
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 a share of the Kingston sewage treatment works and all necessary appurtenances thereto, including pumping stations, extensions, enlargement, replacement 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.
B. 
Sewer charges shall include a sewer user charge which shall be levied on owners of properties located within or without the improvement boundaries who contribute sewage to the public sewers and a capital cost amortization charge to be levied on all owners of properties within the improvement boundaries.
(1) 
The following items will be funded by the sewer user charge:
(a) 
Cost of operation and maintenance of the entire sewer collection system, including pump stations.
(b) 
The improvement's share of the cost of operation and maintenance of the City of Kingston sewage treatment plant.
(2) 
The following items will be funded by the capital cost amortization charge:
(a) 
Cost of the retirement of the capital bonds of the improvement.
(b) 
The improvement's share of the cost of retirement of the City of Kingston sewage treatment capital debt.
C. 
The Town Board of the Town of Esopus shall review the user charges annually and revise them periodically to reflect the actual sewage works operation and maintenance cost.
D. 
Sewer user charges shall be billed quarterly at the same time that the Port Ewen Water District bills for water usage charges. Capital costs amortization charges shall be billed at the same time and included in the tax statement that is sent out by the town for county charges and general town taxes.
E. 
Computation of charges.[1]
(1) 
[2]Use charges are fixed at the rate of $10 for the first zero to 4,000 gallons and at the rate of $2.36 per 1,000 gallons thereafter based on the water meter, with the new rate to be effective January 1, 1994.
[Added 6-23-1982 by L.L. No. 5-1982; amended 12-9-1987; 12-8-1993; 1-1-1998]
[2]
Editor's Note: Former Subsection E(1), which set forth sewer user charges and estimated first-year operations and maintenance cost, was repealed 6-23-1982 by L.L. No. 4-1982.
(2) 
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 Port Ewen Water District 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 own 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 be levied on the basis of the assessed valuation of each parcel of property within the improvement boundaries for general town and county tax purposes at such rates as may from time to time be set by the Town Board.
[1]
Editor's Note: See also § 76-2B(2).
F. 
The bills for sewer user charges shall become due and payable to the Port Ewen Sewer Improvement Area, and such payment shall be made to the Town Clerk at his office quarterly. If such bills are not paid within 30 days, a penalty of 10% of the amount of such bill will be added thereto. If such bill remains unpaid for 60 days, then interest at the rate of 1/2% per month on the unpaid bill shall be added to the bill until payment is made. Sewer user charges and capital costs 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 improvement boundaries, and on or before the day when, under the Town Law, preliminary estimates of expenditures are required to be submitted, the Town Clerk shall prepare and file with the Town Board a statement showing all sewer user charges, with penalties and interest thereon, which remain unpaid, which said statement shall contain a brief description of the property to which sewer services were supplied or which is within the improvement boundaries, the name of the owner liable to pay the same, so far as may be known, and the amount chargeable.
G. 
Connection charges. A charge of $100 will be levied against all property owners who tap in on the public sanitary sewers. The minimum size shall be four inches in diameter. Any sewers in excess of four inches in diameter will pay the additional charges. 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 town. The property owner shall pay all costs of constructing the building sewer from the property line to the building drain or the Town Board may, if it deems it advisable and feasible, contract for the cost of constructing the 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 Town 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 Town Board decides to contract for said connections, then all necessary connections will be made under that contract.