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LL #02-1969TOWN OF WAPPINGER DUTCHESS COUNTY, NEW YORK LOCAL LAW NO.2, YEAR 1969 A LOCAL LAW REGULATING THE USE OF PUBLIC SEWERS IN THE TOWN OF WAPPINGER A local.law regulating the use of public sewers and drains, and the discharge of waters and wastes into the public sewer system and providing penalties for violations thereof, and providing also for the collection thereof; in the sewer districts, sewer improvement areas or other Municipal Sewer Systems of the Town of Wappinger. BE IT ORDAINED and ENACTED by The Town Board of the Town of Wappinger, as follows: SECTION 1 The Sanitary sewer system of the Municipality consists of lateral and truck sewers laid in streets and rights of way. The location of these works, including the kinds, sizes and depths of pipe lines are shown on plans on file at the office of the Town Clerk of the Town of Wappinger. The design of the system is based on the collection of domestic sewage only and the approval of the New York State Department of Health was given for the construction and use of sewers for this purpose only. No connections will be permitted to be made to the sanitary sewer system, which carry or deliver other then domestic sewage or industrial wastes unless specifically approved by the Town Board. Domestic sewage consists of the solid and liquid wastes from toilets, sinks, laundry or bathtubs, shower baths or equivalent plumbing fixtures. The drainage from roofs, cellars, yards, or roadways is not domestic sewage and shall not be drained into the sani- tary sewer system. The best interests of the Municipal Sewer System warrant extreme care in the manner of making and laying all connections to the public sewer system. The Building Inspector, duly appointed by the Town Board, shall be the Board's authorized agent in matters falling under this local law and exer- cise the powers hereinafter mentioned in the name of the Town Board. He shall report to the Board upon applications for sewer connections, shall inspect the construction of such sewer connections. SECTION 2 DEFINITIONS: As used in this ordinance and when applied to describe certain premises, establishments or properties appearing on the general tax roll, the following terms shall mean and include. (a) "House Sewer." Any sewer or part thereof connecting, or installed for future connection, a public or private building with the municipal sewer or public sewer and extending from the public or street sewer to the build- ing or house fondation wall. (b) "Industrial Wastes." Any liquid, gaseous, solid. or other waste substance or a combination thereof resulting from any process of industry, manufacturing, trade or business or from the development or recovery of any natural resources. (c) "Municipal Sewer." Sewer pipe lines of themunicipality. (d) "Municipality." Town of Wappinger or any Sewer District or Sewer Improvement Area therein. (e) "Part." As used in relation to the term "Sewerage System": all lateral sewers, or all branch sewers, or all interceptor sewers, or all truck sewers and any sewage treatment and disposal works, each part with necessary appurtenances including SEWAGE pumping stations. (f) "Person." Individual, partnership, corporation, or association. (g) "Sewage." The water -carried human or animal wastes from resi,- dences, buildings, industrial establishments, or other places. The ad- mixture with sewage as above defined of industrial waste or other waste as hereinafter defined, also shall be considered "sewage" within the meaning of this article. (h) "Sewerage System." All sewer pipes and other appurtenances which are used or useful in whole or in part in connection with the collection, treatment or disposal of sewage, industrial waste and other wastes, including sewage pumping stations and sewage treatment and disposal works. SECTION 3 All house sewers or sewer connections shall be made and connected in accordance with this local law herein set forth and the repair, maintenance and extension of the same shall likewise conform to this local law. The entire expense of all connections from the Municipal 'Sewer to the house, shall be borne by the property owner. SECTION 4 It shall be unlawful fro any person, firm or corporation (a) To place, deposit, or permit to be deposited in an unsanitary manner upon public or private property within the Municipality, or in any area under the jurisdiction of said Municipality, any human or animal ex- crement, garbage, or other objectionable waste, except as hereinafter pro- vided. (b) To construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage except as hereinafter provided. (c) To uncover any portion of the public sewers or connections there- to, or to open any manhole or appurtenance of the sewerage system, except under permit signed by the Building Inspector. (d) To open any highway or public ground for the purpose of making any sewer connection or to make or cause to be made any connection with the public sewer, except under permit signed by, and under the supervision of the Building Inspector and the Highway Superintendent. (e) To break or to cut or to remove any pipe of the public sewer system; or to make or cause to be made any connection tothe said public sewers, except through the connection branches will be designated by the Building Inspector. (f) To discharge or cause to be discharged into any public sewer, directly or indirectly, any overflow or drainage from manure pits, cesspools or other receptacles storing or constructed to store organic waste. (g) To connect or cause to be connected with any public sewer, either directly or indirectly, andy sediment traps, or any pipes carrying or con- structed to carry hot circulating water, acids, germicides, grease, brewery or distillery wash water, gasoline, naptha, benzine or similar iiquid, oil, or other industrial or trade waste, or any other substance detrimental to, or deemed by the Plumbing Inspector detrimental to, the Municipal Sewers or to the operation of the sewerage system or the sewage treatment works, un- less adequate and proper preliminary treatment appurtenances and apparatus are installed and maintained at the owner's expense, so that the spend 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. Steam engine exhaust or blow -off from steam boilers shall not be con- nected tothe Municipal Sewers. (h) To drain from washstands of public or private garages, auto- mobile washing stations, cleaning or dyeing works laundries or similar establishments where gasoline, oils or any inflammable materials are used or stored, unless equipped with an Oil Separator of size and design approved by the Building Inspector. (i) To throw or to deposit, or to cause or allow to be thrown or de- posited, in any fixture, vessel, receptacle, inlet or opening connected directley with any public sewer, any unground table garbage, vegetable parings and the like. The use of mechanical garbage grinders producing a finely divided mass, property flushed with an ample amount of water, is permitted under these regulations. (j) To allow any house sewer connected with the public sewer to ,be 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 Building Inspector. (k) To throw or to deposit, or to cause or allow to be thrown or deposited, in any fixture, vessel, receptacle, inlet or opening connected directly with any public sewer, andy ashes, cinders, rags or similar waste materials or dead animals, or waste materials or any kind or character other than facces, urine, necessary toilet paper, liquid house slops, or properly ground table garbage. SECTION 5 The Town Board may at'any time in its decretion, 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 descretion, sever the connection and cause the removal of any tributary sewer or drain through which such detrimental substances are discharged. SECTION 6 It shall be unlawful to make sewer connection except as follows: (a) Each building 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 will not be permitted, save by special act of and by the Town Board, and for good reasons. (b) No house connection line from the Municipal Sewer to the pro- perty line shall be of any internal diameter less than four (4) inches, Inside the property line the diameter of pipe shall not be less than four (4) inches. (c) Every house sewer connecting with the Municipal Sewer must be either cast iron, salt -glazed vitrified earthenware pipe with bell and spigot joints or asbestos -cement house connection pipe. 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 pipe or fit- tings. (d) All earthenware pipes and specials must be of extra strength (A.S.T.M. 200-44T) cylindrical, hard, salt -glazed, vitrified throughout, "hub and spigot" pattern. All hubs must be of sufficient diameter to re- ceive to their full length in the spigot end of the next following pipe or special without any chipping whatever of either, and also leave a sufficient space for bituminous joints. (e) All cast iron pipes and fittings must be sound, smooth in- ternally and cylindrical, free from cracks, sandholes, or other defects of uniform thickness, untarred, and of the grade known commercially as "extra heavy". (f) All asbestos -cement pipe must be of extra heavy, five (5) foot length and must conform to the current specifications of the Johns -Manville Sales Corporation for asbestos -cement sewer pipe for -house laterals, or equal specifically approved by the Town Board. (g) The greatest care must be taken to prevent the entrance of sand or dirt into the house sewer or the public sewer. All joints for vitri- fied pipes, shall be made with a narrow gasket of dry hemp or jute, long enough to go around the pipe and thick enough to hold the pipes securely 4 in their relative positions so that the inverts are on a line. The gasket shall be carefully inserted between the bell and spigot and well caulked with suitable hardwood metal tools. The remainder of the joint shall be filled with an approved bituminous mixture. The compound used shall be approved by the Building Inspector and shall be of a type not affected by sewage or alkaline or acid solutions. The compound shall not run at a tQmperature below 200 degrees Fahrenheit, and shall have sufficient ductility at 32 degrees Fahrenheit to permit a slight movement of the pipe without cracking or breaking the adhesion of the compound to the pipe. The compound shall adhere firmly to the glazed surface of the pipe at 32 degrees Fahrenheit. The compound shall be heated in a gasolineor other suitable furnace to a temperature slightly above that at which it can be poured rapidly and smoothly, and it shall be kept at this temperature until used. After the pipe joint has been caulked, themelted compound shall be poured into the joints with the aid of a joint runner or gasket, in the same way that lead joints are poured. The pouring vessell shall be large enough to make one joint at a single pouring. The depth of the compound shall be not less than 3/4 inch. In case the pipe joint is not completely filled, the unfilled part of the joint shall be poured again with hot material so as to form a complete watertight joint. (h) The owners shall (when in the judgement of the Building Inspector the character of the soil requires) use a pre -formed bituminous joint made in an approved manner of bitumen and neat cement, or one which in the judge- ment of the Building Inspector is the equal thereof. When performed joints are used, they shall be placed in the sockets in a manner and by such means as the Building Inspector may direct. (i) Cast ironpipe shall be joined with first -quality lead or joint- ing compound approved by the Building 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. (j) Where, in the judgement of 'the Building Inspector conditions warrant, cast iron pipes shall be used. (k) No trench shall be filled or any part of pipe or fitting covered until notice has been given to the Building Inspector that the work is ready for inspection, and such inspection is made. Every such inspection shall be made as soon as practicable after the receipt of notice by the Building Inspector, and such Inspector shall have the power to apply any proper tests to-thepipe-or fittings, and the owner or contractor doing the work shall furnish all necessary tools and labor RZ7such test, and shall remove any defective material or repair any work improperly done as the Building Inspector shall direct, without expense to the Municipality. (1) No house -sewer connection with the Municipal sewer shall be laid with a grade of less than one inch fall in four feet, without a written permit sighned by The Building Inspector specifying the minimum grade that will be permitted. In removing plugs from existing Y or T branches on the Municipal sewer and connecting to same, due care shall be exercised to pre- vent any debris entering the Municipal sewer. (M) No sewer connection branch shall be opened, no pipe laid and no joints made except under the inspection of the Building Inspector or his duly authorized representative. All work of laying 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 plumber shall conduct his work as the Building Inspector may from time to time direct. (n) No earthenware pipe shall be laid at a depth less than thirty- six (36) inches. Pipes laid with less depth must be extra heavy cast iron or extra heavy asbestos cement. 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. (o) Within streets and highways no pipe shall be laid at a depth less than twenty-four (24) inches without the approval of the Building Inspector. (p) Old house sewers may be used provided they are in good condition, from the building to the property line, and approved by the Building Inspector. New Pipe must be installed between the property line and the public sewer. (q) The Building Inspector shall be notified at least twenty-four (24) hours before the beginning of any work upon house sewers or connections, as to the time of the commencement of such work. (r) No public or private building, dwelling or store will be permitted to make any connection whatsoever to sanitary sewer system unless same has a soil line extended to a point above the roof and properly vented or other- wise vented in a manner approved by the Building 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 house trap has already been installed. (s) Grease traps must be installed for restaurants, hotels and apart- ment houses, or wherever the Board or its duly authorized agent may direct. Grease traps must be kept clean at all times at the owner's expense. The size and design of the grease trap shall be approved by the Building In spector. SECTION 7 A. Before any sewage work or drainage 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 with the Muni— cipal Sewer, plans and descriptions of the proposed work, signed by an authorized plumber shall be fil6d in -the office of the Building Inspector accompanied by an application for the approval of the said plan, and the issuance of a permit to do the aaid work. Application shall be upon a blank form obtained from the Building Inspector and shall be signed by the owner of the premises or his properly accredited agent, and shall state the name of the plumber who has been engaged by theowner to do the work. Application shall be upon a blank form obtained from the Building Inspector and shall be signed by the owner of the premises or his properly accredited agent, and shall state the name of the plumber who has been engaged by the owner to do the work. B. No permit shall be granted unless accompanied by a fee as set by the Town Board Resolution. C. These plans, descriptions and specifications must conform to all the provisions of this Ordinance and to all the Rules and Regulations which are or may hereafter be made concerning such work, and no work may be begun until the plans have been filed, and the permit issued by the Building Inspector. D. No permit granted by the Building 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 Municipality, 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 or plumber shall have first obtained from the State or County or Town or Village 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 issuance of a permit for opening any street or pavement, shall be paid by the applicant or plumber. No permit shall be deemed to authorize anything not stated in the appli- cation therefor. E. The permit shall, during construction, be kept at the site of the work, and be available for the inspection by any duly authorized agent or agents of the Town Board. F. Whenever, in the opinion of the Building Inspector, any plumber violates any of the provisions of this Ordinance, 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 plumber. SECTION 8 No person shall construct any drain or sewer upon or from any premises in said Municipality, or use or permit any sewer or drain to be used, without a permit from the Building Inspector. No applicant or person to whom a permit may be granted or issued, or his successors in interest, shall have the right to make any claim for damages against the Municipality, or their agents, in consequence of a refusal to issue a permit, or the revocation of a permit, or of delay in acting on any application of inspecting the making of any connection, or because of the cutting off of a connection under the provision of these regulations. SECTION 9 The Building Inspector and other duly authorized employees of the Town Board bearing proper credentials and identification, shall be permitted to enter upon all properties at reasonable hours, for the pur- pose of inspection, observation, measurement, sampling, and testing, in accordance withthe provisions of this local law. SECTION 10 Any person who shall violate this local law shall be guilty of a violation as)defined in Section 55.10 of the Penal Law of the State of New York and shall be subject to a fine of not more than fi100.00 for each such violation or by imprisonment for a period not to exceed 15 days or both. Each day the violation continues shall be a separate offense. SECTION 11 Appropriate actions at law or in equity may be taken to prevent, restrain, correct or abate violations of this local law and these remedies shall be in addition to the penalties in the preceeding section. SECTION 12 If any clause, sentence, paragraph section or part of this loca law shall be adjudged by any Court of competent jurisdiction to be in- valid, such judgement shall not affect, impair, or invalidate the re- mainder thereof but shall be confined in its operation to the clause, sentence or paragraph, section or part thereof directly involved in the controversy in which such judgement shall have been rendered. SECTION 13 This law shall take effect immediately upon adoption and as pro- vided in the Municipal Home Rule Law. 9 n F