[HISTORY: Adopted by the Town Board of the Town of Goshen 5-8-1969 by L.L. No. 1-1969; amended in its entirety 1-8-1981 by L.L. No. 1-1981. Subsequent amendments noted where applicable.]
This chapter shall regulate the use, operation and maintenance of the public sewer systems of and within the sewer districts of the Town of Goshen.
Definitions. Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows:
- BOD (denoting "biochemical oxygen demand")
- The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20° C. (68° F.) expressed in parts per million (ppm) or milligrams per liter (mg/l).
- BUILDING DRAIN
- That part of the lowest horizontal piping of a building sanitary drainage system which receives the discharge from soil, waste and other sanitary drainage pipes inside the walls of any building and conveys such discharge to the building sewers, beginning five feet outside the outer face of the building wall.
- BUILDING SEWER
- That part of the horizontal piping of a sanitary drainage system which extends from the end of the building drain and which receives the discharge of the building drain and conveys it to a public sewer or other point of disposal.
- CHLORINE DEMAND
- The difference between the amount of chlorine added to water, sewage or industrial wastes and the amount of residual chlorine remaining at the end of a twenty-minute contact period at 68° F. temperature.
- COMBINED SEWER
- A sewer designed to receive and transport both surface runoff and sewage.
- DEPARTMENT OF ENVIRONMENTAL CONSERVATION
- The New York State Department of Environmental Conservation.
- DEPARTMENT OF HEALTH
- The Orange County Department of Health.
- Solid wastes from the domestic or commercial preparation, cooking and serving of foods.
- INDUSTRIAL WASTES
- The fluid wastes from industrial manufacturing processes, trade or business, as distinct from sanitary wastes.
- OTHER WASTES
- Garbage (shredded or unshredded), refuse, wood, coffee grounds, sawdust, shavings, egg shells, bark, sand lime, cinders, ashes and all other discarded matter not normally present in sewage or industrial wastes.
- Any person who obtains a permit for sewer connection.
- Any individual, firm, company, association, society, corporation or group.
- The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
- PRIVATE SEWAGE DISPOSAL SYSTEM
- Any privy, septic tank, cesspool or other sewage disposal facility owned and operated by a person other than a municipal sewage system controlled by public authority.
- PROPERLY SHREDDED GARBAGE
- The wastes from the preparation, cooking and dispensing of food that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle having a dimension greater than 1/2 inch in any dimension.
- PUBLIC SEWER
- A sewer controlled by a government agency or public authority.
- RECEIVING WATERS
- A natural watercourse or any other body of surface or groundwater into which treated or untreated sewage is discharged.
- SANITARY SEWER
- A sewer which carries sewage and to which storm-, surface and ground waters are not intentionally admitted.
- SCAVENGER WASTES
- The conditioned human waste matter collected from privies, septic tanks, cesspools and chemical toilets.
- A combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface and stormwater as may be inadvertently present. The admixture of "sewage" as above defined with industrial wastes or other wastes also shall be considered "sewage" within the meaning of this definition.
- SEWAGE CHARGE
- The demand payment for the use of public sewer and/or sewage treatment plant for handling any sewage, industrial wastes or other wastes accepted for admission thereto, in which the quantity or characteristics thereof exceed the maximum values as defined herein.
- SEWAGE SYSTEM
- All facilities for collecting, regulating, pumping and transporting sewage to and away from the sewage treatment plant.
- SEWAGE TREATMENT PLANT (WATER POLLUTION CONTROL PLANT)
- Any arrangement of devices and structures used for treating sewage.
- A pipe or conduit for carrying sewage.
- Any discharge of water, sewage or industrial waste, which, in concentration of any given constituent or in quantity of flow, exceeds for period of duration longer than 15 minutes more than five times the average twenty-four-hour concentration or flow during normal operation.
- STORM SEWER (STORM DRAIN)
- A sewer which carries storm- and surface waters and drainage but excludes sewage and industrial wastes other than cooling waters and other unpolluted waters.
- The Town of Goshen.
- TOWN SEWER DISTRICT
- Any Town sanitary sewer district as created, altered or modified by action of the Town Board.
- A natural or artificial channel for the passage of water continuously or intermittently.
Word usage. "Shall" is mandatory; "may" is permissive.
Sewage discharge. It shall be unlawful to discharge into any receiving waters within the Town, either directly or indirectly, any sewage, industrial wastes or other polluted waters or garbage, except where suitable treatment has been provided and necessary approvals obtained, in accordance with applicable provisions of this chapter and the New York State Department of Environmental Conservation, the Orange County Department of Health and the United States Environmental Protection Agency.
The person owning any property used for human occupancy, employment, recreation, commerce, industry or other public or private purpose, situated within a Town sewer district, which abuts on any street or right-of-way in which, or adjacent to which, there is located, or may in the future be located, a public sanitary sewer is hereby required, at his own cost and expense, to connect the sanitary sewage discharge from his property directly to the public sewer, provided that said public sewer is within 100 feet of the property line.
In an open development district, if created by the Town Board, all building structures within this district will be required to connect to the nearest public sewer.
Limitation of time. Connections from existing structures to the public sewer shall be made within six months from the date of official notice to do so.
Temporary septic systems. The purpose of this section is to create the opportunity for temporary septic systems located within sewer districts of the Town where capacity or service is not available.
[Added 5-28-1992 by L.L. No. 2-1992]
Procedure. The owner of real property located within a sewer district in the Town of Goshen who is not permitted to connect into the district's collection system may apply, in writing, to the Town Board for authority to seek to develop such lands by means of a temporary septic system. Should the Town Board grant the exemption, a condition of such exemption shall be the posting with the municipality of a performance bond in an amount set by the Town Engineer as being deemed sufficient to cover the costs of connection to the Town system when capacity becomes available.
Limitation of purpose. The sole purpose of this section is to authorize a property owner to seek approval from the appropriate municipal entities for installation of a septic system within a sewer district. An exemption granted by the Town Board shall not relieve the property owner of his or her obligation to satisfy all other requirements of law, including but not limited to subdivision and zoning provisions of the Town of Goshen, the approval of septic systems by the Orange County Health Department and any other appropriate agency.
Public sewers not available. Whenever a public sanitary sewer is not available under provisions of § 79-3B, the building sewer shall be connected, either directly or through a private sewage system, to a private sewage disposal system complying with the requirements of the Department of Environmental Conservation, all provisions of the Public Health Law and the provisions of this section.
Standards. The type, capacities, location and layout of a private sewage disposal system and the pipe sizes, slopes and design criteria and performance standards of a private sewage system within the Town of Goshen shall comply with all requirements of the Department of Environmental Conservation, and no statement in this chapter shall be construed to interfere with these or any other additional requirements or recommendations that may be imposed by the Department of Environmental Conservation. Any additional requirements imposed by this chapter are for the purpose of implementing the intent of this chapter and providing for the proper development of the Town.
Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the Building Inspector. The application for such permit shall be made on a form furnished by the Town, which the applicant shall supplement by any plans. specifications and other information required by the Building Inspector and Town Engineer, including but not limited to the following:
A permit for a private sewage disposal system shall not become effective until the installation is complete to the satisfaction of the Building Inspector. The Building Inspector shall be allowed to inspect the work at any stage of construction, and, in any event, the applicant for the permit shall notify the Building Inspector 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 Building Inspector.
Certification required. Prior to final approval, the applicant shall provide the Building Inspector with two complete sets of as-built drawings of the system and, in the case of a sewage system, infiltration test results, both certified by a professional engineer licensed in the State of New York. The maximum allowable rate of infiltration into any section of a sewage system shall not exceed 200 gallons per inch of pipe diameter per mile of sewer per day.
At such time as a public sewer becomes available to a property sewered by a private sewage disposal system, as provided in previous sections, a direct connection shall be made to the public sewer within the time so stipulated, and any septic tanks, cesspools and similar private sewage disposal facilities shall be cleaned of sludge and filled with suitable material.
The owner shall operate and maintain a private sewage disposal or sewage system in a sanitary manner at all times and at no expense to the Town.
Permit required. No person who has not received a permit shall uncover, disturb, alter or make any connections with or opening into any public sewer or appurtenance thereof without first obtaining a written permit from the Building Inspector. The permit shall not be reassigned, transferred or sold to a new owner, new user, different premises or a new or changed operation.
Permit modification. In the case of an industrial permit, the permittee shall apply for a permit modification within three months if there is a production or process change resulting in a change in flow or wastewater characteristics.
Permit classes. There shall be two classes of building sewer permits: one for residential and commercial service and one for service to establishments producing industrial wastes. In either case, the owner or his agent shall make application on a special form furnished by the Town. The permit application shall be supplemented by any plans, profiles, specifications or other information considered pertinent by the Building Inspector. A permit and inspection fee for a residential or commercial building sewer permit or for an industrial building sewer permit in the amount prescribed in a fee schedule adopted by the Town shall be paid to the Building Inspector at the time the application is filed.
Connection to a public sewage system. The owner of any public sewage system located within a sewer district must receive the written approval of the Town and Building Inspector before a connection of any part thereof can be made to a district or Town sewer system. A condition of approval shall require the owner to provide the Town with as-built drawings of the sewage system to be connected, as well as any additional data it may require to determine the quantity and character of the sewage flow to be discharged; included in the above requirements are the results of infiltration and/or infiltration tests made under the supervision of and certified by a professional engineer licensed in the State of New York, prior to the connection of any building sewers thereto. Infiltration shall be as previously outlined in § 79-4, and make such repairs as necessary when excessible infiltration is located.
Connection costs. All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the Town from any loss or damage that may directly or indirectly be occasioned by the installation and connection of such public sewage system or building sewer.
Separate building sewer required. A separate and independent building sewer shall be provided for every building, except that, where one building stands at the rear of another on a separate interior lot and no 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 one building sewer, but each shall be considered a separate unit for the purpose of sewage service charged.
Existing building sewers. Existing building sewers may be used in conjunction with new buildings only when they are found, upon inspection and testing by the Building Inspector, to meet all requirements of this chapter and any other specifications adopted by the Town.
Construction details. The size, slope, alignment, materials of construction of a building sewer, appurtenances and the methods to be used in excavating, placing of the building sewer pipe, jointing, testing and backfilling the trench shall conform to the requirements of the specification for the installation of building sewers as adopted by the Town and all applicable provisions of any other applicable rules and regulations of the Town. In the absence of code provisions, or in amplification thereof, the materials and procedures set forth in appropriate specifications of the American Society of Testing and Materials (ASTM) and the Water Pollution Control Federation (WPCF) Manual of Practice No. 9 shall apply. All connections of building sewers to a public sewage system shall be gastight and watertight. Any deviations from the prescribed materials and construction procedure must be approved by the Building Inspector prior to installation.
Service requirements. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sewage carried by such building drain shall be lifted by a method approved by the Building Inspector and discharged to a gravity-flow building sewer.
Prohibited connections. No person shall make a connection of roof downspouts, exterior foundation drains, areaway drains or other sources of surface runoff or groundwater to a building sewer or building drain which, in turn, is connected directly or indirectly to a public sewer.
Inspection and approval. The applicant for the connection of any building sewer to a public sewage system owned or maintained by the Town shall notify the Building Inspector when the building sewer is ready for inspection and connection to the public sewer. In no case shall any underground portions of the building sewer be covered or connection to the public sewer made without the approval and/or supervision of the Building Inspector or his representative. Permission to use the building sewer will be given only after satisfactory final inspection has been made and approval given by the Building Inspector or the Town Engineer.
Protection and safety. 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 work shall be restored in a manner satisfactory to the Town.
Maintenance and repair. Building sewers shall be maintained, serviced and repaired by the owner of the property sewered from the building drain to a point within one foot of the pavement edge, if connected to a public sewer in a public right-of-way, and to within two feet of the public sewer located in an easement across private property. In the event that a property is unable to discharge sewage into a public sewer, it will be presumed that the fault is the private building sewer unless contrary facts are in evidence. Evidence of willful damage to a building sewer being served by a public sewer shall be considered a violation of this chapter. All repairs to a building sewer shall be inspected and approved by the Building Inspector prior to covering.
Disconnection. Before any building whose building sewer is connected to a public sewer is demolished, the owner thereof shall conform to the requirements established by the Town. The cutoff or plugging of the building sewer shall be done with the permission and under the supervision of the Building Inspector.
No person shall discharge or cause to be discharged any unpolluted waters such as stormwater, groundwater, roof runoff, subsurface drainage or cooling water to any sanitary sewer.
Stormwater, other unpolluted drainage, industrial cooling water or unpolluted waters may be discharged to a storm sewer or receiving stream subject to approval by the Town.
Cooling water discharge. In addition to the Town permit, the permittee must apply for and receive a State Pollutant Discharge Elimination System permit, and such discharge is subject to applicable state and federal regulations.
Prohibited discharges. No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sanitary sewers:
Any gasoline, benzine, naphtha, fuel oil or other flammable or explosive liquid, solid or gas.
Any waters containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, to constitute a hazard to humans or animals, to create a public nuisance or to create any hazard in the receiving waters of the sewage treatment plant.
Any waters or wastes having a pH lower than 5.5 or having any other corrosive property, capable of causing damage or hazard to structures, equipment and personnel of the sewage treatment works.
Solid or viscous substances in quantities of such size capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage facilities, such as but not limited to ashes, bones, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, hair, fleshings, paper dishes, cups and milk containers, either whole or ground up by garbage grinders.
Controlled discharges. The following described substances, materials, waters or waste shall be limited in discharges to municipal systems to concentrations or quantities when in the opinion of the Town, appears 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 or public property or constitute a public nuisance. In forming their opinion as to the acceptability of these wastes, the Town and the Building Inspector will give consideration to 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 plant and other pertinent factors. The limitations or restrictions on materials or characteristics of waste or sewage discharged to the sanitary sewer, which shall not be violated without approval of the Town and Building Inspector, are as follows:
Wastewater having a temperature higher than 150° F. (65° C.) and/or wastewater which would cause the influent at the sewage treatment plant to be greater than 40° C.
Water or wastes containing biodegradable fats, wax, grease or oils, whether emulsified or not, in excess of 100 milligrams per liter or containing substances which may solidify or becomes viscous at temperatures between 32° and 150° F.
Wastewater containing more than 25 milligrams per liter of petroleum oil, nonbiodegradable cutting oils or products of mineral oil origin.
Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of 1/2 horsepower or greater shall be subject to approval of the Building Inspector.
Water or wastes containing strong acids, iron-pickling wastes or concentrated plating solutions, whether neutralized or not.
Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the Town for such materials.
Any waters or wastes containing phenols, or other waste, or odor-producing substances, in such concentration exceeding limits which may be established by the Town as necessary after treatment of the composite sewage to meet the requirements of the state, federal or public agencies having jurisdiction for the discharge to the receiving waters.
Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits of compliance with applicable Town, state or federal regulations.
Any waters or wastes having a pH in excess of 9.5.
Any waters 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 degree that the sewage treatment plant effluent cannot meet the requirements of agencies having jurisdiction over discharge to the receiving waters.
All toxic wastes shall be treated pursuant to Section 307 of the Federal Clear Water Act, as amended, relating to categorical pretreatment standards for toxics.
Requirements for accepting controlled discharges.
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 Subsection C of this section and which, in the judgment of the Building Inspector, may have a deleterious effect upon the sewage works, processes, equipment or other receiving waters or which otherwise create a hazard to life or constitute a public nuisance, the Town or Building Inspector may:
Reject the waters or wastes;
Require pretreatment to an acceptable condition for discharge to the public sanitary sewers;
Require control over the quantities and rates of discharge; and/or
Require payment in excess of the existing taxes or sewer charges or rents to cover the added cost of handling and treating the waste pursuant to the provisions of this chapter and any applicable law.
In considering the above alternatives, the Building Inspector shall give consideration to the economic impact of each alternative on the discharger. If the Building Inspector permits the pretreatment or equalization of sewage flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Town Engineer and the Building Inspector.
Grease interceptors. Grease, oil and sand interceptors shall be provided when, in the opinion of the Building Inspector, such interceptors are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes and/or 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 and Building Inspector and shall be located as to be readily and easily accessible for cleaning and inspection.
Maintenance of pretreatment facilities. Where pretreatment of flow-equalizing facilities are provided or required for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.
Required structures. When required by the Town and Inspector, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable structure, together with such necessary meters and other appurtenances in the building sewer, to facilitate observation, sampling and measurement of the wastes. Such structures, when required, shall be accessible and safely located and shall be constructed in accordance with plans and approved by the Town. The structure shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times.
Measurement and testing. The Town may require a user of sewer services to provide information needed to determine compliance with this chapter. These requirements may include:
Wastewater discharge peak rate and volume over a specified time period.
Chemical analysis of wastewaters.
Information on raw materials, processes and products affecting wastewater volume and quality.
Quantity and disposition of specific liquid, sludge, oil, solvent or other materials important to sewer use control.
Enforcement. The Building Inspector and other duly authorized employees of the Town and the New York State Department of Environmental Conservation and United States Environmental Protection Agency, bearing proper credentials and identification, shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing pertinent to discharge to the community system in accordance with the provisions of this chapter and all other applicable state and federal regulations.
Easements. The Building Inspector and other duly authorized employees of the Town and New York State Department of Environmental Conservation and United States Environmental Protection Agency, bearing proper credentials and identification, shall be permitted to enter all private properties through which the Town holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the wastewater facilities lying within said easement. All entry and subsequent work, if any, on said easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
Liability of property owner. While performing the necessary work on private properties previously referred to, the Building Inspector or duly authorized employees of the Town shall observe all safety rules applicable to the premises established by the owner, and the owner shall be held harmless for injury or death to the Town employees, and the Town shall indemnify the owner against loss or damage to his property by the Town employees and against liability claims and demands for personal injury or property damage asserted against the owner, growing out of the gauging and sampling operations, except as such may be caused by negligence or failure of the owner to maintain safe conditions, as required in previous sections.
Subject to change, a schedule of rates, penalties and charges shall be established by the Town Board. Such a schedule of rates may be obtained from the Inspector or Town Clerk.
[Amended 4-14-1996 by L.L. No. 2-1996]
Bills for sewer service shall become due and payable to the districts at such place and to such person as designated by the Town Board and shall be rendered for such billing periods as the Town Board shall designate. If such bills are not paid within 30 days after the due date designated by the Town Board, a penalty of 10% shall be added thereto.
All quarterly sewer charges shall be due and payable on the first day of February, the first day of May, the first day of August and the first day of November of each year for the preceding three months.
Payment of quarterly sewer charges shall be made to the Clerk of the Town without charge on or before the first day of March, June, September and December for the current three months in each year.
Sewer rents and charges and penalties thereon shall be a lien upon the real property upon which the sewer is used, and on or before the day when, under Town Law, preliminary estimates of expenditures are required to be submitted, the Inspector shall file with the Town Clerk a statement showing all sewer rents and charges, with penalties thereon, unpaid for more than 60 days, which said statement shall contain a brief description of the property to which the sewer was supplied or upon which the charges were incurred, the tax account number, the name of the owner liable to pay the same, so far as may be known, and the amount chargeable to each.
Such rents, charges and penalties shall not be collected by the collector of the districts after the filing of such statement with the Town Clerk but may be thereafter paid to the Supervisor until such time as a statement of such unpaid sewer rents, charges and penalties is submitted to the Orange County Legislature for the purpose of levying the same as a tax against the property affected.
Any person who shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, apparatus or equipment which is part of the municipal sewer system shall be deemed to have violated this chapter. Any person who commits or permits any acts in violation of any of the provisions of this chapter shall be deemed to have committed an offense against such chapter and shall be liable for the penalties provided. A separate offense against this chapter shall be deemed committed on each day during or on which a violation occurs or continues. A separate penalty may be imposed for each separate offense.
Any person violating any of the provisions of this chapter shall be punished, upon conviction, by a fine, not less than $25 nor more than $100 for each violation. In addition, each violation of this chapter shall constitute disorderly conduct, and each person violating the same shall be guilty of disorderly conduct. Each day that a violation of or failure to comply with any provision of this enactment or any regulation promulgated hereunder by the Town Board occurs shall constitute a separate and distinct violation.
In addition to the above-provided penalties, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter.
If any article, section, paragraph, subdivision, laws or provision of this chapter shall be adjudged invalid, such a judgment shall apply only to such article, section, paragraph, subdivision, laws or provision so adjudged and shall not affect, impair or invalidate any other part or portion of this chapter.
[Added 6-22-1989 by L.L. No. 4-1989]
The Town of Goshen will not approve or accept for dedication any proposed public sewer system(s) from an applicant unless, as a condition precedent, the applicant has demonstrated by an engineering analysis, including cost-effect data, that the system(s) proposed will provide the most effective and efficient long-term service to the Town. Such analysis shall include, but not be limited to, data and/or information with respect to the proposed system(s) discharge location so as to ensure unification of the system(s) and adequacy of receiving streams within the Town. Such analysis shall be included as part of the applicant's environmental quality review/draft environmental impact statement procedure.