LL #09-1992Local Law Filing NEW YORK STATE DEPARTMENT OF STATE
162 WASHINGTON AVENUE, ALBANY, NY 12231
(Use this form to file a local law 1vit1] the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not
use italics or underlining to indicate new matter.
eu88K}x
ems. WAPPINGER
Town of..................................................................................
.................................
SCisitxgsa
Local Lars No....................9............................... of the year 19
9 2...
A local la)s .....Amending Local Law #1 of 1970, A Local Law Regulating the Use of
........... ...........................
.............. I........ .......,......................................
(Insert Title) Public Sewers in the Town of"C�lappinger
Be it enacted by the ...:*:� ............................. TOWN BOARD .......of the.................................................................
(Name of Legislative Body)
CoNny
cbv WAPPINGER
Townof..................................................................................................................................................as follows:
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(1)
ARTICLE 1
DEFINITIONS
Unless the context specifically indicates otherwise, the
meaning of terms used in this Local Law shall be as follows:
Sec. 1. "BOD" (denoting Biochemical Oxygen Demand) shall
fir► mean the gt'Antity of oxygen utilized in the biochemical
oxidation of organic matter under the standard
laboratory procedure in five (5) days at 20 degrees C,
expressed in milligrams per liter.
Sec. 2. "Building Drain" shall mean that part of the
lowest horizontal piping of a drainage system which
receives the discharge from soil, waste, and other
drainage pipes inside the walls of the building and
conveys it to the building sewer, beginning five (5)
feet (1.5 meters) outside the inner face of the building
wall.
Sec. 3. "Building Sewer" shall mean the extension from
the building drain to the public sewer or other place of
disposal.
Sec. 4. "Cooling Water" shall mean the water discharged
from any system of condensation, air conditioning,
cooling, refrigeration or other, but which shall be free
from odor and oil. It shall contain no polluting
substances which could produce B.O.D. or suspended
solids, each in excess of 10 parts per million by
weight.
;ec. 5. "Engineer" shall mean the Engineer to the
�kw specific sewer districts, sewer improvement areas or
other municipal systems of the Town of Wappinger.
Sec. 6. "Garbage" shall mean solids wastes from the
domestic and commercial preparations, cooking, and
dispensing of food, and from the handling, storage, and
sale of produce.
Sec. 7. "Industrial Wastes" shall mean the liquid wastes
from industrial manufacturing processes, trade, or
business as distinct from sanitary sewage.
Sec. 8. "Natural Outlet" shall mean any outlet into a
watercourse, pond, ditch, or other body of surface or
ground water.
1
Sec. 9. "Normal Sewage" Sewage shall be regarded as
normal for the Town if analysis shows, by weight, a
daily average of not more than 300 parts per million of
suspended solids, not more than 240 parts per million of
B.O.D., and not more than 50 parts per million of either
soluble matter (grease or oil) each per million gallons
of daily flow.
�WSec. 10. "Person" shall mean any individual, firm,
company, association, society, corporation, or group.
Sec. 11. "pH" shall mean the logarithm of the reciprocal
of the weight of hydrogen ions in grams per liter of
solution.
Sec. 12. "Properly Shredded Garbage's shall mean the
wastes from the preparation, cooking, and dispensing of
food that have 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 greater than one-half (1/2) inch (1.27
centimeters) in any dimension.
Sec. 13. "Public Sewer" shall mean a sewer in which all
owners of abutting properties have equal rights, and is
controlled by public authority.
Sec. 14. "Sanitary Sewer" shall mean a sewer which
carries sewage and to which storm, surface, and ground
waters are not intentionally admitted.
Sec. 15. "Sewer" shall mean a pipe or conduit for
carrying waste water (sewage).
�hwec. 16. "Shall" is mandatory; "May" is permissive.
Sec. 17. "Slug" shall mean any discharge of water,
wastewater, or industrial waste which in concentration
of any given constituent or in quantity of flow exceeds
for any period of duration longer than fifteen (15)
minutes more than five (5) times the average twenty-four
24) hour concentration of flows during normal operation.
Sec. 18. "Storm Drain" (sometimes termed "storm sewer")
shall mean a sewer which carries storm and surface
waters and drainage, but excludes wastewater and
industrial wastes, other than unpolluted cooling water.
2
Sec. 19. "Superintendent" shall mean any licensed
operator of Wastewater Facilities of the Town of
Wappinger.
Sec. 20. "Suspended Solids" shall mean 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.
Sec. 21. "Unpolluted Water or Waste" shall mean any water
or waste containing none of the following: free or
emulsified grease, or oil, acid of alkali, phenols, or
other substances imparting taste or odor in receiving
waters; toxic or poisonous substances in suspension,
colloidal state, or solution; noxious or odorous gases.
It shall contain not more than 10,000 parts per million
by weight of dissolved solids of which not more than
2500 parts per million shall be as chlorides with
permissible volumes subject to review by the Engineer,
and not more than 10 parts per million each of suspended
solids and B.O.D. The color shall not exceed 50 parts
per million.
Sec. 22. "Wastewater" (Sometimes call sewage) The spent
water of a community. From the standpoint of source, it
may be a combination of the liquid and water - carried
wastes from residences, commercial buildings, industrial
plants, and institutions, together with any groundwater,
surface water, and storm water that may be present.
Sec. 23. "Waster water, domestic" Wastewater derived
principally from dwellings, office buildings,
institutions, and the like. It may or may not contain
groundwater, surface water, or storm water.
Sec. 24. "Wastewater facilities" (Sometimes.called Sewage
Works) The structures, equipment, and processes that
collect, carry away, and treat domestic and industrial
wastes and dispose of the effluent.
Sec. 25. "Wastewater, sanitary" (Sometimes called
Sanitary Sewage) (1) Domestic wastewater with stor-In and
surface water excluded. (2) Wastewater discharging from
the sanitary fixtures of dwellings (including apartment
houses and hotels), office buildings, industrial plants,
or institutions. (3) The water supply of a community
after it has been used and discharged into a sewer.
3
Sec. 26. "Wastewater treatment works" (Formerly Sewage
Treatment Plant) (1) An arrangement of devices and
structures for treating wastewater, industrial wastes,
and sludge. (2) A water pollution control plant.
Sec. 27. "Watercourse" shall mean a channel in which a
flow of water occurs, either continuously or
intermittently.
Sec. 28. "Subdivision" shall mean the division of any
parcel of land into two or more lots, plots, sites or
other divisions of land for immediate or future sale for
building development in such a way as to create one or
more new streets.
Sec. 29. "Town" shall mean the Town of Wappinger,
Dutchess County, New York.
ARTICLE II
Use of Public Sewers Required
Sec. 1. It shall be unlawful for any person to place,
deposit, or permit to be deposited in any unsanitary
manner on public or private property within the Town of
Wappinger or in any area under the jurisdiction of the
Wappinger Sewer Transmission/Treatment Improvement, any
human or animal excrement, garbage, or other
objectionable waste.
Sec. 2. It shall be unlawful to discharge to any natural
outlet within the'Wappinger Sewer Transmission/Treatment
Improvement, or into any area under the jurisdiction of
said Wappinger Sewer Transmission/Treatment Improvement,
any wastewater or other polluted waters, except where
suitable treatment has been provided in accordance with
subsequent provisions of this Local Law, regulations of
the New York State Department of Environmental
Conservation and the Dutchess County Health Department.
Sec. 3 Except as hereinafter provided, in Article IIS, it
shall be unlawful to construct or maintain any privy,
privy vault, septic tank, cesspool, or other facility
intended or used for the disposal of wastewater.
4
Sec. 4 So far as is practicable, industrial waste shall
be discharged in to the Wappinger Sewer
Transmission/Treatment Improvement sewer system with or
without pretreatment provided the consent of the
Engineer is first obtained, and the rules, regulations
and standards hereinafter prescribed are complied with,
in the judgement of the Engineer.
Sec. 5. Written approval by the Engineer is required for
all new discharges of industrial waste after the
effective date of this Local Law. These shall include
all wastes in which the quantity, temperature or
chemical characteristics are altered in operation
procedures and equipment changes.
Sec. 6. The discharge of industrial cooling water to the
Wappinger Sewer Transmission/Treatment Improvement sewer
system is not permitted except by specific written
approval by the Engineer.
Sec. 7. The owners of property being developed as a
subdivision having plot sizes less than one acre per
dwelling unit or being in a legal sewer district, sewer
improvement area, or other municipal sewer system, shall
construct such sewers and appurtenances thereto as are
shown -on the map or plot and the plans, profiles and
drawings accompanying said plot, approved by the
Dutchess County Health Department and the Engineer, and
filed in the Office of the Planning Board of the Town.
Such sewers shall be constructed in accordance with the
specifications contained in or referred to in the Rules
and Regulations of the said Planning Board, the Dutchess
County Health Department and the Town. The plans,
%%r drawings, and design shall be approved by the Engineer.
Sec. 8. The owners of property being developed into
multiple dwellings, commercial installations, industrial
sites, public gathering places, schools, and offices,
shall construct such building drains and building sewers
as shown on the map or plot, approved by the Dutchess
County Health Department and the Engineer, and
conforming to the requirements and specifications A the
Town.
Sec. 9 No portion of this Article shall be construed to
interfere with or modify the requirements of design,
inspection and approval which are imposed by the
appropriate health officials, and the State of New York
Department of Environmental Conservation and County
Health Departments.
5
ARTICLE III
Private Wastewater Disposal
Sec. 1. Where a public sanitary sewer is not immediately
available as in Phase III of the Wappinger Sewer
Transmission/Treatment Improvement the building sewer
shall be connected to a private wastewater disposal
system complying with the provisions of this article.
The private wastewater disposal shall remain in service
until such time as public sewer is available.
Sec. 2. Before commencement of construction of a private
wastewater disposal system, the owner shall first obtain
approval by the Dutchess County Health Department.
Sec. 3. A Certificate of Occupancy shall not be issued by
the Town until the installation of the private
wastewater disposal system is completed to the
satisfaction of the Dutchess County Health Department
and proper forms filed with the Town Building Inspector.
.1
Sec. 4. The type, capacities, location and layout of a
private wastewater disposal system shall comply with all
recommendations of the Department of Public Health of
the State of New York and the Dutchess County Health
Department. No septic tank or cesspool shall be
permitted to discharge to any natural outlet.
Sec. 5. At such time as a public sewer becomes available
to a property served by a private wastewater disposal
system, as provided in Article III, Section 4, a direct
connection shall be made to the public sewer in
compliance with this Local Law, and any septic tanks,
cesspools, and similar private wastewater disposal
facilities shall be abandoned and filled with suitable
material. ._
0
Sec. 6. The owner shall operate and maintain the private
wastewater disposal facilities in a sanitary manner at
all times, at no expense to the Town.
Sec. 7. No Statement contained in this article shall be
i#rr construed�to interfere with any additional requirements
that may be imposed by the Health Officer.
ARTICLE IV
Building Sewers and Connections
Sec. 1. 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 permission from the Superintendent and/or
Engineer.
Sec. 2. There shall be two (2) classes of building sewer
permits: (a) for residential and commercial service and
(b) 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, specifications or other information
considered pertinent in the judgement of the Town. A
permit and inspection fee of 25.00 for a residential
or commercial building sewer permit shall be paid to the
Town at the time the application is filed. A permit and
inspection fee of 100.00 for an industrial permit
shall be paid to the Town at the time the application is
filed.
Sec. 3. All costs and expense incident 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 of the building sewer.. -
7
Sec. 4. A separate and independent building sewer shall be
provided for every building. Where one building stands
at the rear of another on an interior lot the sewer main
shall be extended in order that each building shall have
its own lateral.
Sec. 5. Old building sewers may be used in connection with
new buildings only when they are found, on examination
by the Superintendent, to meet all requirements of this
Local Law.
Sec. 6. All building sewers shall be 4 inch pipe minimum
with a slope of no less than ; inch per foot. All
materials and construction procedures shall conform to
the requirements of the New York State Building and
Plumbing Codes, requirements of the Dutchess County
Health Department ("Appendix 75-A Wastewater Treatment
Standards - Individual Household Systems" and "Design
Standards for Wastewater Treatment Works") and/or other
applicable regulations of the Town.
Sec. 7. 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, sanitary wastewater carried by such building
drain shall be lifted by an approved means and
discharged to the building sewer.
Sec. 8. No person shall make connections of roof
downspouts, sump pumps, exterior foundation drains,
areaway drains, or other sources of surface runoff or
r groundwater to a building sewer or building drain which
in turn is connected directly or indirectly to a public
sanitary sewer.
Sec. 9. The connection of the building sewer into the
public sewer shall conform to the requirements of the
New York State Building and Plumbing Codes, Dutchess
County Health Department requirements as cited in
Section 6, and any applicable regulations of the Town.
M.
Sec. 10. The applicant for the building sewer permit shall
notify the Superintendent when the building sewer is
ready for inspection and connection to the public sewer.
The connection shall be made under the supervision of
the Superintendent or his representative.
Sec. 11. Prior to any excavation for building sewer
installation, Road Opening Permits, requiring insurance
and bonds shall be acquired from the Town Highway
Superintendent.
All excavation 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.
ARTICLE V
Use of the Public Sewers
Sec. 1. No person shall discharge or cause to be
discharged any stormwater, surface water, groundwater,
roof runoff, subsurface drainage, uncontaminated cooling
water, or unpolluted industrial process waters to any
sanitary sewer.
Sec. 2. 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, Building Inspector,, and/or Highway
Superintendent. Industrial cooling water or unpolluted
process waters may be discarded, on approval only by the
New York State Department of Environmental Conservation,
to a storm sewer, or natural outlet. Discharges of
cooling waters to state waters are required to apply for
a SPDES (State Pollutant Discharge Elimination System)
Permit.
W
Sec. 3. No person shall discharge or cause to be
discharged any of the following described waters or
wastes to any public sewers:
(a) Any gasoline, benzene, naphtha, fuel oil or other
flammable or explosive liquid, solid or gas.
(b) Any waters or wastes containing toxic or poisonous
solids, squids or gases in sufficient quantity, either
singly or by interaction with other wastes, to injure or
interfere with any wastewater treatment process,
constitute a hazard to humans or animals, create a
public nuisance, or create any hazard in the receiving
waters of the wastewater treatment plant, including but
not limited to cyanides in excess of two (2) mg/l as CN
in the wastes as discharged to the public sewer.
(c) 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
or the wastewater facilities.
(d) 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 wastewater facilities such as, but not limited
to,•ashes, cinders, sand, mud, straw, shavings, metal,
glass, rags, feathers, tar, plastics, wood, unground
garbage, whole blood, paunch manure, hair and fleshings,
entrails and paper dishes, cups, milk containers, etc.
either whole or ground by garbage grinders.
(e) Any liquid or vapor at such temperatures or in such
quantities to cause the influent wastewater temperature
�4w at the treatment plant to exceed 40 degrees C (104
degrees F).
10'
Sec. 4. No person shall discharge or cause to be
discharged the following described substances,
materials, waters, or wastes if it appears likely in the
opinion of the Engineer/Superintendent that such wastes
can harm either the sewers, wastewater 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
Engineer and/or Superintendent 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
wastewater treatment process, capacity of the wastewater
treatment plant, degree of treatability of wastes in the
wastewater treatment plant, and other pertinent factors.
The substances prohibited are:
(a) Any liquid or vapor having a temperature higher
than one hundred fifty (150) degrees F (65 degrees C).
(b) Any water or waste containing fats, wax, grease, or
oils, whether emulsified or not, in excess of one
hundred (100) mg/1 or containing substances which may
solidify or become viscous at temperatures between
thirty-two (32) and one -hundred fifty (150) degrees F
(0 degrees and 65 degrees C).
(c) Any garbage that has not been properly shredded.
The installation and operation of any garbage grinder
equipped with a motor of three-fourths (3/4) horsepower
(0.76 hp metric) or greater shall be subject to the
review and approval of the Superintendent.
(d) Any waters or wastes containing strong acid iron
pickling wastes, or concentrated plating solutions
whether neutralized or not.
(e) 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 wastewater
treatment works exceeds the limits established by the
Superintendent for such materials.
11
(f) Any waters or wastes containing phenels or other
taste or odor -producing substances, in such
concentrations exceeding limits which may be established
by the Superintendent as necessary, after treatment of
the composite sewage, to meet the requirements of the
State, Federal, or other public agencies of jurisdiction
for such discharge to the receiving waters.
(g) Any radioactive wastes or isotopes of such half-
life or concentration as may exceed limits established
by the Superintendent in compliance with applicable
State or Federal regulations.
(h) Any waters or wastes having a pH in excess of 9.5.
(i) Materials which exert or cause:
(1) Unusual concentrations of inert suspended
solids (such as, but not limited to, Fullers
earth, lime residues) or of dissolved solids
(such as, but not limited to, sodium chloride
and sodium sulfate).
(2) Excessive discoloration (such as, but not
limited to, dye wastes and vegetable tanning
solutions).
(3) Unusual BOD, chemical oxygen demand, or
chlorine requirements in such quantities as to
constitute a significant load on the
wastewater treatment works.
(4) Unusual volume of flow or concentration of
wastes constituting "slugs" as defined herein.
All slug discharges must be immediately
I"'' reported by the user to the Superintendent.
(j) Waters or wastes containing substances which are
not amenable to treatment or reduction by the wastewater
treatment processes employed, or are amenable to
treatment only to such degree that the wastewater
treatment plant effluent cannot meet the requirements of
other agencies having jurisdiction over discharge to the
receiving waters.
12
Sec. 5. 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 Section 4 of this Article,
and which in the judgement of the Superintendent, may
have a deleterious effect upon the wastewater treatment
works, processes, equipment, or receiving waters, or
which otherwise create a hazard to life or constitute a
public nuisance, the Superintendent may:
(a) Reject the wastes,
(b) Require pretreatment to a acceptable condition for
discharge to the public sewers,
(c) Require control over the quantities and rates of
discharge, and/or
(d) Require payment to cover the added cost of handling
and treating the wastes not covered by existing
taxes or sewer charges under the provisions of
Section 10 of this article.
If the Superintendent permits the pretreatment or
equalization of waste flows, the design and installation
of the plants and equipment shall be subject to the
review and approval of the Superintendent, and subject
to the requirements of all applicable codes, ordinances,
and laws.
Sec. 6. Oil, and sand interceptors shall be provided when,
in the opinion of the Superintendent, they are necessary
for the proper handling of liquid wastes containing
flammable wastes, sand, 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 Superintendent, and shall be located as to be
readily and easily accessible for cleaning and
inspection.
Grease traps shall be provided by all food preparation
services, processing operations and restaurants for the
proper handling of their kitchen wastes. The grease
trap shall be sized in accordance with the New York
State Department of Environmental Conservation
Publication, "Design Standards for Wastewater Treatment
Works" (1988) edition and approved by the Dutchess
County Health Department. All grease traps shall be
located as to be readily and easily accessible for
cleaning and inspection.
13
Sec. 7. Where preliminary treatment or flow -equalizing
facilities are provided for any waters or wastes they
shall be maintained continuously in satisfactory and
effective operation by the owner at his expense.
Sec. 8. When required by the Superintendent, the owner of
any propeKty serviced by a building sewer carrying
industrial- wastes shall install a suitable control
manhole together with such necessary meters and other
appurtenances in the building sewer to facilitate
observation, sampling and measurement of the wastes.
Such manhole, when required, shall be accessible and
safely located, and shall be constructed in accordance
with plans approved by the Superintendent. The manhole
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.
Sec. 9. All measurements, tests and analysis of the
characteristic of waters and wastes to which reference
is made in this Local Law shall be determined in
accordance with the latest edition of "Standard Methods
for the Examination of Water and Wastewater," published
by the American Public Health Association, and shall be
determined at the control manhole provided, or upon
suitable samples taken at said control manhole. 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 to the point at
which the building sewer is connected. Sampling shall
be carried out by customarily accepted methods to
reflect the effect of constituents upon the wastewater
treatment works and to determine the existence of
hazards to life, limb and property. (The particular
analysis involved will determine whether a twenty-four
(24) hour composite of all outfalls of a premise is
appropriate or whether a grab sample or samples should
be taken. Normally, but not always, BOD and suspended
solids analysis are obtained from 24 hour composites of
all outfalls whereas pH's are determined from periodic
grab samples).
14
Sec. 10. No statement contained in this article 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 therefore, by the industrial concern.
However, no special agreements shall circumvent National
Categorical Pretreatment Standards, that is, any
regulatian containing pollutant discharge limits
promulgated by the EPA in accordance with Section 307
(b) and (c) of the Act (33 USC 1347) which applies to a
specific category of industrial users.
Sec. 11. Upon promulgation of National Categorical
Pretreatment Standards by the USEPA, all industries
covered by a categorical must conform to the limitations
and requirements stated within the standard.
Sec. 12. Notification to Tri -Municipal and the
Superintendent thereof shall be executed prior to the
flushing of any non-residential building sewer lines.
All waters used in the aforementioned flushing shall be
"unpolluted water" as defined in Article I, Section 21
of this Local Law.
ARTICLE VI
Protection from Damage
Sec. 1. No unauthorized 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
wastewater treatment works. Any person violating this
provision shall be subject to immediate arrest under
charge of disorderly conduct.
OR
ARTICLE VII
Powers and Authority of Inspectors
Sec. 1. The Superintendent and other duly authorized
employees of the Town and/or the Environmental
Protect,kon Agency, the New York State Department of
Environmental Conservation, the Dutchess County
Department of Health, bearing proper credentials and
identification, shall be permitted to enter all
properties for the purposes of inspection, observation,
measurement, sampling and testing in accordance with the
provisions of this Local Law.
Sec. 2. The Superintendent and other duly authorized
employees of the Town 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
treatment works 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.
Sec. 3 While performing the necessary work on private
properties referred to in Article VII, Section 1 above,
the Superintendent or duly authorized employees of the
Town shall observe all safety rules applicable to the
premises established by the company and the company
shall be held harmless for injury or death to the Town
employees and the Town shall indemnify the company
against loss or damage to its property by Town employees
and against liability claims and demands for personal
injury or property damage asserted against the company
and growing out of the gauging and sampling operation,
except as such may be caused by negligence or failure of
the company to maintain safe conditions as required.in
Article V, Section 8.
ARTICLE VIII
Penalties
Sec. 1. Any person found to be violating any provision of
this Local Law except Article VI thel be nature
de s for they the
Town with written notice stating
violation and shall have ten (10) Y
satisfactory correction thereof. The offender shall,
within the period of time stated in such notice,
permanently cease all violation.
Sec. 2. Any person who shall continue any violation beyond
the time limit provided for in Article VIII, Section 1,
shall be guilty of a misdemeanor, and oncon fiction
thereof shall be fined $1000.00 p Y f
violation. Fees beenill correctedue to to theelevied satisfactionlOfhthe
violation has be
Superintendent and/or other authorized personnel as
cited in Article VII, Section 1.
Sec. 3. Any person violating any of the provisions of this
Local Law oecome damagelable to occasionedethewTownrbynreason
expense, lossoss,,
of such violation.
Sec. 4. Notwithstanding the other sanctions in this
Article VIII, the Town may bring proceedings in Supreme
court of the State of New York to enjoin the continued
violation of this Local Law.
ARTICLE IX
Validity
Sec. I. The invalidity of any section, clause, sentence,
or provisionof
this Local ofwthis lLocal Law l not ewhich ct ecan
validity of Y
be given effect without such invalid part or parts.
ARTICLE X
Local Law in Force
Sec. 1. This Local Law shall be in full force and effect
from and after its passage, approval, recording, and
publication by law.
17
ARTICLE XI
Application and Permits
for the
Construction of Sewer Mains
by Developers
in
Wappinger Sewer Transmission/Treatment Improvement
1. All proposed subdivisions within the Wappinger Sewer
Transmission/Treatment Improvement currently being treated
(Phases I/II), shall provide public sewer, constructed in
accordance with the requirements, standards, and
specifications of the Dutchess County Health Department and
the Town, at the expense of the developer.
All proposed subdivisions within Phase III of the Wappinger
Sewer Transmission/Treatment Improvement shall contain
private wastewater disposal systems conforming to all
requirements of Article III of this Local Law and appropriate
agencies until such time as when public sewer becomes
available. When public sewer is available, proposed
subdivisions shall have sewer mains to be connected to Town
owned trunk lines, and the Developer shall provide to the
Town at his expense, all necessary sewers and right-of-ways,
to connect the subdivision sewers to the trunk line.
The fee to accompany the application to the Town Planning
Board for a permit to construct public sewers shall be
established for each individual case based accordingly on the
estimated cost of the sewer construction established by the
Town and/or Engineer.
Sec. 2. Copies of this Local Law shall be available from
the Town for a fee of $50.00. Design criteria and
specifications required by the New York State Department of
Environmental Conservation, are contained within "Recommended
Standards for Wastewater Facilities" (Ten State Standards)
and "Design Standards for Wastewater Treatment Works.-"
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