[HISTORY: Adopted by the Town Board of the Town of Hyde Park 7-26-2004
by L.L. No. 4-2004.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 87, Sewers,
adopted 1-29-1979, as amended.
In order to assure the proper disposal of sewage and wastewaters and
the proper operation and maintenance of the public sewers, sewage treatment
plant and other sewage works owned and operated by the Town of Hyde Park,
the following regulations are enacted by the Town of Hyde Park.
The sanitary sewer systems of the Town of Hyde Park consists of the
sewage treatment plant facility, the trunks, mains, or lateral sewers laid
in the streets and rights-or-way up to and including the wye branch or tee
provided for connection with another system. This system does not include
the building or house sewer or the connection lateral after it is connected
with a building sewer. The location of these works, including the kinds, sizes
and depths of pipe lines, are shown on sets of plans on file at the office
of the Town Clerk of the Town of Hyde Park. At all points in future expansion
where there are changes in alignment or grade of the sewers, manholes with
cast-iron frames and covers shall be built to provide access to the sewer
lines for purposes of inspection, ventilation and cleaning.
A.
The design of the system is based on the collection of
domestic sewage only, and the approval of the appropriate regulatory agency
was given for the construction and use of sewers for this purpose only. No
connections will be permitted to be made to the sanitary sewer system which
carry or deliver other than domestic sewage unless specifically approved by
the Town Board.
B.
The Sewer Inspector shall inspect the construction of
sewer connections and shall report to the Board upon any transgression of
this chapter and any rules and regulations issued pursuant hereto. The Sewer
Inspector shall also have the right to inspect all sewer connections to the
public sewer with or without the consent of the homeowner pursuant to these
regulations.
C.
No one will be allowed to make connections with the public
sewers nor lay any sewers in connection therewith without obtaining a permit
and performing the work under the supervision of the Sewer Inspector or his
authorized agent.
D.
All building or house lateral 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 of all connections from the public sewer
to the building or house shall be borne by the property owner. The owner(s)
shall indemnify the Town from any loss or damage that may directly or indirectly
be occasioned by the installation of the building or house sewer. The expense
and responsibility of removing any obstructions causing stoppage of natural
flow in the lateral from the house to the public sewer main in the street
shall be borne by the property owner.
As used in this chapter, the following terms shall have the meanings
indicated:
American Society for Testing and Materials.
The concentration of constituents examined by analysis of a mixture
of samples taken over a period of 24 hours at fifteen-minute intervals and
composited in proportion to flow rate.
The quantity of oxygen utilized in the biochemical oxidation of organic
matter under standard laboratory procedure in five days at 20° C., expressed
in milligrams per liter.
See "building or house connection lateral" under "sewer."
A sewer conveying wastewater from the building (or house) drain to
the public sewer.
Federal Categorical Pretreatment Standards or pretreatment standards.
The Dutchess County Department of Health.
See "public sewer."
A plumber or other person licensed by the county for the purpose
of laying building or house sewers or connecting the same to public sewers.
An acquired legal right for the specific use of land owned by others.
The United States Environmental Protection Agency, or, where appropriate,
the term may also be used as a designation for the Administrator or other
duly authorized official of said Agency.
The concentration of constituents determined by analysis of a mixture
of samples taken over a period of four hours at fifteen-minute intervals and
composited in proportion to flow rate.
The number of milligrams of dry solids, either dissolved or undissolved,
contained in one liter of water, including solids. One milligram per liter
may be expressed as 8.345 pounds of dry solids per 1,000,000 United States
gallons of water, including solids. "Milligrams per liter" may be expressed
as parts per million, designated as ppm, meaning the number of pounds of dry
solids contained in 1,000,000 pounds of water, including dry solids, using
the following formula:
|
mg/l = ppm divided by specific gravity of the solution
|
The logarithm of the reciprocal of the weight of hydrogen ions in
grams per liter.
Any individual, partnership, copartnership, firm, company, corporation,
association, joint-stock company, trust, estate, governmental entity or any
other legal entity, or their legal representatives, agents, or assigns.
Any dredged spoil, solid waste, incinerator residue, sewage, garbage,
sewage sludge, munitions, chemical wastes, biological materials, radioactive
materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt
and industrial, municipal and agricultural waste discharged into water.
The man-made or man-induced alteration of the chemical, physical,
biological, and radiological integrity of water.
Wastewater or water-carried wastes from residences, business buildings,
institutions, and industrial establishments. Sewage shall be further classified
as follows:
DOMESTIC OR SANITARY SEWAGEThe solid and liquid wastes from toilet and lavatory fixtures, kitchens, laundries, bathtubs, shower baths, or equivalent plumbing fixtures as discharged from dwellings, business and industrial buildings.
INDUSTRIAL SEWAGE OR WASTESIncludes the liquid-carried wastes of any industrial process as distinct from domestic or sanitary sewage. All substances carried in industrial wastes, whether dissolved, in suspension or mechanically carried by liquid, shall be considered as industrial wastes.
STORMWATERIncludes the runoff or discharge of rain and melted snow or other water from roofs, surfaces or public or private lands, or elsewhere. Stormwater also shall include subsoil drainage as defined in Subsection D below.
SUBSOIL DRAINAGEIncludes water from the soil percolating into subsoil drains and through foundation walls, basement floors or underground pipes.
COOLING WATERIncludes the wastewater from air conditioning, industrial cooling condensation and hydraulically-powered equipment or similar apparatus.
Any arrangement of devices and fixtures used for treating sewage.
All facilities for collecting, pumping, treating and disposing of
sewage.
The pipe or conduit, together with manholes and other structures
or equipment appurtenant thereto provided to carry sewage waste liquids, stormwater
or other waters. Sewers shall be further classified as follows:
PUBLIC SEWERA trunk, main or lateral sewer up to and including the wye branch or tee provided for connection thereto, and to which all owners of abutting properties have equal right, and which is controlled by public authority. The public sewer does not include the building or house sewer, or the building connection lateral after it is connected with a building sewer.
SANITARY SEWERA sewer which carries only sanitary sewage and to which stormwater, subsoil drainage and cooling water are not intentionally admitted.
COMBINED SEWERA sewer receiving both stormwater and domestic sewage, including acceptable discharge of industrial wastes, subsoil drainage, and cooling water.
STORM SEWER or STORM DRAINA pipeline carrying stormwater, subsoil drainage, acceptable cooling water or other reasonable clean waters, but excluding domestic and polluted industrial waste.
BUILDING or HOUSE CONNECTION LATERALA pipeline running from the building or home to the public sewer. The owner of the property is the owner of the connection lateral.
A person appointed by the Town Board and who shall act as the Board's
authorized agent in matters falling under this chapter and any rules and regulations
issued pursuant thereto and shall exercise the powers hereinafter mentioned
in the chapter and subject to the approval and ratification of the Board.
The Sewer Inspector shall have the right to inspect, maintain, and repair
all building, home, and public sewers. Pursuant to this authority, the Sewer
Inspector shall recommend the Town Board charge the homeowner for all necessary
expenses.
Any discharge of water, sewage or industrial waste which, in concentration
of any given constituent or in quantity of flow, exceeds for any period of
duration longer than fifteen minutes more than five times the average twenty-four-hour
concentration or flow during normal operation.
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.
A.
The owner of all houses, buildings or properties used
for human occupancy, employment, recreation or other purpose situated within
the district and abutting on any street, alley or right-of-way in which there
is located a public sewer of the district is hereby required at his expense,
to install suitable toilet facilities therein and to connect such facilities
directly to the proper public sewer in accordance with the provisions of this
chapter and any rules and regulations issued pursuant hereto within six months
after date of official notice to do so.
B.
It shall be unlawful for any person, firm or corporation
to:
(1)
Place, deposit or permit to be deposited in any unsanitary
manner upon public or private property within the district or in any area
under the jurisdiction of said district any human or animal excrement, garbage,
or other objectionable waste, except as hereinafter provided, except where
special permission of the Town Board is given.
(2)
Uncover any portion of the public sewers or connections
thereto or open any manhole or appurtenance of the sewerage system, except
under permit signed by the Sewer Inspector.
(3)
Open any highway or public ground for the purpose of
making any sewer connection or make or cause to be made any connection with
the public sewer, except under permit issued by the Town Highway Superintendent
and under the supervision of the Sewer Inspector.
(4)
Break or cut or remove any pipe of the public sewer system;
or make or cause to be made any connection to the said public sewers, except
through the connection branches provided for that purpose. The location of
said connection branches will be designated by the Sewer Inspector.
(5)
Discharge or cause to be discharged into any sewer, directly
or indirectly, any overflow or drainage from manure pits, cesspools or other
receptacles storing or constructed to store organic waste.
(6)
Connect or cause to be connected to any public sewer,
either directly or indirectly, any sediment traps or any pipes carrying or
constructed to carry hot circulating water, acids, germicides, grease, brewery
or distillery wash, water, gasoline, naphtha, benzene or similar liquid, oil
or other industrial or trade waste or any liquid, oil or other industrial
or trade waste to any other substance detrimental to or be deemed by the Sewer
Inspector to be detrimental to the public sewers or to the operation of the
sewerage system or the sewage treatment works, unless adequate and proper
preliminary treatment appurtenances and apparatus are installed and maintained
at the owner's expense, so that the spent water delivered to the municipal
sewers will be neutral in character, as determined by the standard acid-alkalinity
tests, and be free from excess suspended matter or excess bactericidal agents,
as may be approved by the Town Board.
(7)
Drain from washstands of public or private garages, automobile
washing stations, cleaning or dyeing works, laundries or similar establishments
where gasoline, oils or any flammable materials are used or stored, unless
equipped with an oil separator of size and design approved by the Sewer Inspector.
(8)
Throw or deposit or cause or allow to be thrown or deposited
in any fixture, vessel, receptacle, inlet or opening connected directly with
any public sewer any 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.
(9)
Allow any house sewer connected to 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.
(10)
Throw or deposit or cause or allow to be thrown or deposited
in any fixture, vessel, receptacle, inlet or opening connected directly with
any public sewer any ashes, cinders, rags or similar waste or materials or
dead animals or waste materials of any kind or character other than feces,
urine, necessary toilet paper, liquid house slops or properly ground table
garbage.
(11)
Pump or allow to be pumped into any sanitary sewer, directly
or indirectly, any swimming pool water or filter backwash water.
(12)
Collect or cause to be collected rain, drainage water,
or surface water for the purpose of directing into sanitary sewer system.
Persons, firms and corporations shall not discharge to the district
sewer:
A.
Any gasoline, benzene, naphtha, fuel oil or other flammable
or explosive liquid, solid or gas in concentrations which may produce flammable
or explosive gases in the sewer.
B.
Any stormwater, surface water, groundwater, roof runoff,
subsurface drainage, uncontaminated cooling water, pressure sand filter backwash
water, water softener backwash water and broiler blowdown water.
C.
Any waters or wastes containing toxic or poisonous solids,
liquids or gases in sufficient quantity, either singly or by interaction with
other wastes, to injure or interfere with humans or animals, create a public
nuisance or create any hazard in the receiving waters of the sewage treatment
plant.
D.
Any waters having a pH lower than 7.0 or higher than
9.5, except between the hours of 7:00 a.m. and 7:00 p.m. when the permitted
range shall be 6.5 to 9.5.
E.
Solid or viscous substances in quantities or of such
size capable of causing obstruction to the flow in sewers or other interference
with the proper operation of the sewage treatment works, such as but not limited
to ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers,
tar, plastics, wood, unground garbage, paper dishes, cups, milk containers,
etc., either whole or ground by garbage grinders.
F.
Any residues or sludges resulting from purification of
wastes.
G.
Any mineral or other oil or emulsions thereof, measured
such that a settled sample, after acidification to pH two and standing for
one hour, must not develop a separate layer of mineral or other oil of measurable
depth.
A.
Specific restrictions. Any user shall not discharge into
the district sewer an effluent containing greater than the following concentrations
of the stated substances:
|
Constituent
|
Concentrations in Milligrams per Liter
(mg/l)
| |
|---|---|---|
|
Arsenic
|
0.050
| |
|
BOD
|
300
| |
|
Boron (as B)
|
3.00
| |
|
Cadmium (as Cd)
|
0.1
| |
|
Chromium
|
1.0
| |
|
COD
|
900
| |
|
Copper (as Cu)
|
1.0
| |
|
Cresols (C6H5CH3OH)
|
25.00
| |
|
Cyanide (as CN free titratable)
|
0.10
| |
|
Lead (as Pb)
|
0.10
| |
|
Mercuric chloride (as Hg)
|
0.10
| |
|
Nickel (as Ni)
|
1.0
| |
|
Phenols (as C6H5OH)
|
25.00
| |
|
Silver
|
0.10
| |
|
Total suspended matter (SS)
|
300
| |
|
Zinc (as Zn)
|
3.00
|
B.
Restrictions. Any user shall not discharge to the sewer
the following described substances, materials, waters or wastes if it appears
likely, in the opinion of the Sewer Inspector, that such wastes can harm either
the sewers, sewage treatment process or equipment, have an adverse effect
on the receiving stream or can otherwise endanger life, limb, public property
or constitute a nuisance. In forming his opinion as to the acceptability of
these wastes, the Sewer Inspector will give consideration of such factors
as the quantities of subject wastes in relation to flows and velocities in
the sewers, materials of construction of the sewers, nature of the sewage
treatment process, capacity of the sewage treatment process and other pertinent
factors. The prohibited substances are as follows:
(1)
Any liquid or vapor having a temperature higher than
150° F. (65° C.) Additionally, the prohibited substances shall also
include wastewater that causes the influent to the treatment plant to exceed
104° F. (40° C.)
(2)
Any water or waste containing fats, wax, grease or oils,
whether emulsified or not, in excess of 100 milligrams per liter or containing
substances which may solidify or become viscous at temperatures between 32°
F. (0° C.) and 150° F. (65° C.).
(3)
Any water or wastes containing iron, trivalent chromium,
aluminum, sulfates, silicates, formaldehyde and similar objectionable or toxic
substances to such degree that any such materials received in the composite
sewage at the sewage treatment works exceeds the limits established by the
Sewer Inspector for such materials.
(4)
Any waters or wastes containing phenols or other taste-
or odor-producing substances in such concentrations exceeding limits which
may be established by the Sewer Inspector as necessary after treatment of
the composite sewage to meet the requirements of the state, federal or other
public agencies for such discharge to the receiving waters.
(5)
Any radioactive wastes or isotopes of such half-life
or concentration as may exceed limits established by the Sewer Inspector in
compliance with applicable state or federal regulations.
(6)
Materials which exert or cause:
(a)
Unusual concentrations of inert suspended solids, such
as but not limited to fuller's earth, lime slurries and lime residues, or
of dissolved solids, such as but not limited to sodium chloride and sodium
sulfate.
(b)
Excessive discoloration, such as dye wastes, such that
the effluent after treatment may exceed limits established by the Sewer Inspector
in compliance with applicable state or federal regulations.
(c)
Unusual volume of flow or concentration of wastes constituting
slugs as defined herein.
(d)
Unusual chlorine requirements in such quantities as to
constitute a significant load on the sewage treatment works.
(7)
Water or wastes containing substances which are not amenable
to treatment or reduction by the sewage treatment process employed or are
amenable to treatment only to such a degree that the sewage treatment plant
effluent cannot meet the requirements of other agencies having jurisdiction
over discharge to the receiving waters.
Where a public sewer is not available, the building or house sewer shall
be connected to a private sewer disposal system complying with the provisions
of this chapter and all other state, county and local rules and regulations
regarding operation of sewage disposals.
The Town Board may, at any time in its discretion, stop and prevent
the discharge into the sewers of any substance deemed by it liable to injure
the sewers or to interfere with their normal operation or to obstruct the
flow or to hinder any process of sewage purification, and it may, at any time
in its discretion, sever the connection and cause the removal of any tributary
sewer or drain through which such detrimental substances are discharged. All
costs involved will be charged to the person or individuals listed as the
record owner of the real property from which the substance originates.
Each building or house in the area served by a public sewer, when connected,
must be connected separately and independently with the sewer through the
house connection branch directly opposite the buildings or nearest in the
downstream direction. Grouping of buildings on one house sewer, however, will
not be permitted, save by special act of and by the Town Board.
No house or building connection line from the district sewer to the
property line shall be of any internal diameter less than four inches. Inside
the property line, the diameter of the pipe shall not be less than four inches.
Every building or house sewer connecting with the district sewer shall
be cast iron. It must be solidly laid to a true grade and as near as possible
in a straight line. All changes in direction must be made with properly curved
pipes or fittings.
A.
The building sewer shall be service-weight cast-iron
soil pipe, ASTM Specification A74 for one- and two-family dwellings, and for
all other buildings shall be extra-heavy cast-iron soil pipe, ASTM Specification
A74, latest revision, or equal, for a distance of five linear feet from the
building exit point or five linear feet downstream of any fitting in the sewer,
whichever is greater. That portion of the sewer which is more than five linear
feet from the building exit point or more than five linear feet downstream
of any fitting in the sewer may be PVC Class SDR 35, ASTM Specification 3034,
latest revision, or approved equal, or service-duty cast-iron soil pipe, ASTM
Specification A74, latest revision. If installed in filled or unstable ground
or under driveways, the building sewer shall be of extra-heavy cast-iron soil
pipe (ASTM A74). All pipe materials shall conform to the latest standard specifications
of the ASTM as approved by the Sewer Inspector. All cast-iron pipes and fittings
must be sound, smooth internally and cylindrical, free from cracks, sand holes
or other defects, of uniform thickness, untarred and of the grade known commercially
as "extraheavy" cast-iron soil pipe. PVC pipe may be substituted for cast-iron
pipe if authorized by the Sewer Inspector.
B.
No ninety-degree short bends shall be permitted. Changes
in direction of less than 45° shall be made only with properly curved
pipe and/or fittings. Each change in direction of 45° or greater shall
be provided with a cleanout brought up to grade.
C.
All building sewer joints and all connection for or between
building sewers and building connection laterals already connected to the
public sewer shall conform to the latest ASTM standard specification for type
of pipe being installed, altered or repaired and shall be flexible and watertight
to prevent infiltration and root intrusion. No rigid joints, such as cement
mortar, are permitted. Joints of like-sized pipes of the same materials shall
be of the push-on elastomeric seal (gasketed) type. [Where connection of pipes
of different sizes or dissimilar materials is required, adaptors or reducer
bushings utilizing elastomeric (gasketed) push-on joint-type adaptors and
reducer bearings shall meet the requirements of ASTM Specification D3034,
latest revision, or approved equal.]
D.
There shall be four inches of clean sand bedding beneath
the pipe, and six inches of clean sand above the pipe. The remaining backfill
shall be quarry Item 4, mechanically compacted in eight-inch lifts in all
pavement areas. In nonpavement areas, the remaining backfill can be the excavated
trench material, no stones larger than four inches, mechanically compacted
in eight-inch lifts.
A.
The greatest care must be taken to prevent the entrance
of sand or dirt into the house sewer or the public sewer.
B.
Cast-iron pipe shall be joined with first-quality lead
or jointing compound approved by the Sewer Inspector. The entire joint shall
be filled in one pour and thoroughly caulked. If lead is used, each joint
in four-inch cast-iron pipe shall be poured with at least three pounds of
lead, and each joint in six-inch cast-iron with five pounds of lead. The ditch
in all cases must be kept dry during the pipe laying. Pipe with slip-locked
mechanical gasketed joints may be used in lieu of field gasketed joints. PVC
pipe may be substituted if accepted by the Sewer Inspector.
C.
Commercial standard adapter fittings and joining sleeves
shall be used when joining any pipes or fittings of different materials or
sizes.
Where, in the judgment of the Sewer Inspector conditions warrant, cast-iron
pipes shall be used.
No trench shall be filled or any part of pipe or fittings covered until
at least 48 hours' notice has been given to the Sewer Inspector that the work
is ready for inspection and such inspection is made. Every such inspection
shall be made as soon after the receipt of notice by the Sewer Inspector,
and such Inspector shall have the power to apply any proper tests to the pipe
or fittings, and the owner or contractor doing the work shall furnish all
necessary tools and labor for such test and shall remove any defective material
or repair any work improperly done, as the Sewer Inspector shall direct, without
expense to the district.
No building or house sewer connection with the district sewer shall
be built with a grade of less than one inch fall in four feet without a written
permit signed by the Sewer Inspector specifying the minimum grade that will
be permitted. In removing plugs from existing wye or tee branches on the district
sewer and connecting the same, due care shall be exercised to prevent any
debris from entering the district sewer.
All work of laying building or house sewers and connections shall be
done in such a manner and at such times as to interfere as little as possible
with public travel and convenience, and the person shall conduct his work
as the Sewer Inspector may from time to time direct.
A.
No pipe shall be laid at a depth of less than 36 inches.
Pipes laid with less depth must be heavy cast-iron. All pipes must be covered
to a depth of at least one foot with fine earth, entirely free from stones
and rubbish and well and carefully rammed.
B.
Within streets or highways, no pipe shall be laid at
a depth less than 24 inches without the approval of the Sewer Inspector.
A.
Where rock is found in the bottom of the trench, it shall
be taken out at least four inches below the bottom of the pipe and the space
filled with sand, gravel or other suitable material thoroughly rammed.
B.
No blasting shall be done within five feet of public
or private sewers, and utmost care shall be taken to prevent injury thereto.
Payment for repair of all damage done as a result of blasting shall be borne
by the sewer permit applicant.
The Sewer inspector shall be notified at least 48 hours before the beginning
of any work upon building or house sewers or connections as to the time of
the commencement of such work.
A.
No public or private building or dwelling will be permitted
to make any connection whatsoever to the sanitary sewer system unless the
same has a solid line extended to a point above the roof and properly vented
or otherwise vented in a manner approved by the Sewer Inspector. In existing
public or private buildings, dwellings or stores which are not properly vented,
the use of a house trap shall be optional with the property owner in all cases
where such trap has already been installed.
B.
Grease traps must be installed for apartment houses or
wherever the Town Board or its duly authorized agent may direct. Grease traps
must be kept clean at all times at the owners' expense. The size and design
of the grease trap shall be approved by the Sewer Inspector. Grease traps
should not be preceded by garbage grinder or disposal units.
A.
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
sewerage or drainage work when the same is to be connected to the public sewer,
plans and descriptions of the proposed work, signed by an authorized person,
shall be filed in the office of the Town Clerk, accompanied 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 be
signed by the owner of the premises or his properly accredited agent and shall
state the name of the person who has been engaged by the owner to do the work
and filed with the Town Clerk.
B.
Permit duration. Permits shall be issued for a time period
not to exceed one year. The user shall reapply for a permit at a minimum of
180 days prior to the expiration of the user's existing permit. The permit
is subject to modifications, and the user will be notified at least 30 days
prior to any changes in the permit. A reasonable time schedule for compliance
will be allowed for any changes or new conditions in the user's permit.
C.
Transfer of permit. Any wastewater permit issued by the
Town shall not be transferred, sold to a new owner, new user or new or changed
operation.
D.
Permit fees. There shall be an administrative fee set
by resolution of the Town Board for all permits and renewals or reissuances.
Furthermore, any other costs associated with said permit shall be charged
to the applicant. This shall include any laboratory fees for testing and any
other types of engineering or consultant fees that the Town will incur during
the duration of the permit.
[Amended 1-1-2007 by L.L. No. 2-2007]
A.
Connections to, alterations to or repairs to any public
sewer or the manholes or other appurtenances of said sewer system in the Town
shall not be made by any person other than a plumber approved by the Sewer
Inspector.
B.
No unauthorized person shall open the cover of, enter
or alter any manhole or other appurtenance of any public sewer or place or
insert in any public sewer or its appurtenances any foreign material which
said sewer or its appurtenances was not intended to receive; nor shall any
person damage, destroy, uncover, deface or tamper in any way with any public
sewer or its appurtenances without first obtaining a written permit from the
Sewer Inspector. Any person violating this provision of this chapter may be
subject to civil and/or legal action.
A.
No permit granted by the Sewer Inspector shall be construed
to permit any interference or disturbance of any state or county or Town or
village highway pavement, as the case may be, in the district or any excavation
in any road, street, or public place unless the permit shall expressly so
provide. No permit shall be granted for such interference or disturbance of
said pavement or for the excavation for sewer purposes in any public street
or public place unless the applicant shall have first obtained from the state
or county or Town Highway Department, as the case may be, a permit therefor
in accordance with the requirements of the Highway Department having jurisdiction.
Any permit fee, bonding or other expense in connection with the issuance of
a permit for opening any street or pavement shall be paid by the applicant.
No permit shall be deemed to authorize anything not stated in the application
therefor.
B.
The permit shall, during construction, be kept at the
site of the work and be available for inspection by any duly authorized agent
or agents of the Town Board.
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 that the charges
are sustained, they may revoke the permit of such person.
No person, firm or corporation, once having obtained a permit in the
district, who shall have violated any of the provisions of this chapter 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, their or its part has been removed.
Persons must report to the Sewer Inspector, in writing, the full description,
within 12 hours of the finding of them, of all obstructions in house drains
or the presence thereof, if found, of any substance prohibited by this chapter
and any rules and regulations issued pursuant hereto. The finding of the presence
of substances prohibited by this chapter and any rules and regulations issued
pursuant hereto in the house drains of any house shall be prima facie evidence
of an offense committed against this chapter and any rules and regulations
issued pursuant hereto by both the owner and occupant of the premises, or
either of them.
Persons must report to the Sewer Inspector, in writing, within 24 hours
after the completion of any work by them, every connection or disconnection
made between any building of the sewer system aforesaid or between any house
connection and said sewer system.
No person shall construct any drain or sewer upon or from any premises
in said district or use or permit any sewer or drain to be used without a
permit from the Sewer Inspector.
A.
The Sewer Inspector and other duly authorized employees
of the Town Board bearing proper credentials and identification, the United
States Environmental Protection Agency, the New York State Department of Environmental
Conservation, New York State Department of Health, and/or Dutchess County
Health Department shall be permitted to enter upon all properties at reasonable
hours for the purpose of inspection, observation, measurement, sampling and
testing, in accordance with the provisions of this chapter and any rules and
regulations issued pursuant hereto. The Sewer Inspector is authorized to enter
into the house and inspect the house connection, with or without the consent
of the owner, and the Sewer Inspector shall give 24 hours' notice of his intention
to enter upon the premises to inspect. The inspectors shall have the right
to set up, on the user's property or property rented/leased by the user, such
devices as are necessary to conduct their inspections.
B.
During the performance, on private premises, of inspections,
sampling or other similar operations, the owner and/or occupant shall be held
harmless for personal injury or death of the inspector and the loss of or
damage to the inspector's supplies and/or equipment; and the inspector shall
indemnify the owner and/or occupant against loss or damage to property of
the owner or occupant by the inspector against liability claims asserted against
the owner or occupant for personal injury or death of the inspector or for
loss of sampling operations, except as such may be caused by negligence or
failure of the owner or occupant to maintain safe conditions.
Any person found to be violating any provisions of this chapter and
any rules and regulations issued pursuant hereto shall be served by the district
with written notice, stating the nature of the violation and providing a reasonable
time limit, not exceeding 30 days, for the satisfactory correction thereof.
The offender shall, within the period of time stated in such notice, permanently
cease all violations.
Any person who shall continue any violation beyond the time specified
in said notice shall be guilty of a misdemeanor and, upon conviction thereof,
shall be fined in an amount not exceeding $250 or be imprisoned for a term
not exceeding 15 days, or both, 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 this chapter and any rules
and regulations issued pursuant hereto shall become liable to the district
for any expense, loss or damage occasioned said district by reason of such
violation.
Any discharge which presents or may present an imminent or substantial
endangerment to the health or welfare of persons, in the opinion of the Town,
shall be immediately halted, using whatever steps are deemed necessary.
