Marlborough City Zoning Code
CHAPTER 118
Sewers
§ 118-1 Definitions and word usage.
Unless the context specifically indicates otherwise, the meanings of terms used in this chapter shall be as follows:
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20º C., expressed as parts per million by weight.
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 to the inner face of the building wall.
The extension from the building drain to the public sewer or other place of disposal.
A sewer which carries both sanitary sewage and storm- and surface water.
A commercial kitchen and/or restaurant shall be classified as any such cooking facility wherein fees are paid either directly or indirectly for the food or service at such facility or if provided as part of the work facility.
[Added 7-24-2000 by L.L. No. 2-2000]
A property that borders the boundaries of a Sewer Improvement Area on at least one side and has a sewer discharge or a proposed sewer discharge which is located within 200 feet of the sewer improvement area. The owner of said properties may petition the Town Board to become a contract user of the sanitary sewer system.
[Added 4-22-1996 by L.L. No. 5-1996]
Solid wastes from the preparation, cooking and dispensing of food and from the handling, storage and sale of produce.
[1]The physical boundaries as presently established or as may be extended from time to time as duly provided by town law.
Classification which bears upon applications, rates, fees or other considerations shall be determined solely by the Town Board of the town.
The liquid wastes from industrial processes as distinct from sanitary sewage.
Any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.
An 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.
The wastes from the preparation, cooking and dispensing of food that have been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers with no particle greater than 1/2 inch in any dimension.
A sewer in which all owners of abutting properties have equal rights and which is controlled by public authority.
A sewer which carries sewage and to which storm- , surface and ground waters are not intentionally admitted.
A combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground- , surface and storm waters as may be present.
Any arrangement of devices and structures used for treating sewage.
All facilities for collecting, pumping, treating and disposing of sewage.
A pipe or conduit for carrying sewage.
Person, agency, department, contractor or other designated by the Town Board to administer the rules and regulations and enforce the Sewer Code.
[Added 7-24-2000 by L.L. No. 2-2000]
Sewer improvement area in either the Hamlet of Marlborough and/or the Hamlet of Milton in the Town of Marlborough, Ulster County, State of New York.
[Added 7-24-2000 by L.L. No. 2-2000]
A sewer which carries storm- and surface waters and drainage but excludes sewage and polluted industrial wastes.
Solids that either float on the surface or are in suspension in water, sewage or other liquids and which are removable by laboratory filtering.
The Town of Marlborough, Ulster County, New York.
The duly elected Town Board of the Town of Marlborough or its authorized deputy or representative.
The professional engineer retained as Town Engineer for the Town of Marlborough or his authorized deputy, agent or representative.
A channel in which a flow of water occurs, either continuously or intermittently.
[1]
Editor's Note: The definition of "improvement," which immediately followed this definition, was repealed 7-24-2000 by L.L. No. 2-2000. See now the definition of "sewer improvement area."
Word usage. "Shall" is mandatory; "may" is permissive.
§ 118-2 Deposit of waste restricted.
It shall be unlawful for any person to place, deposit or permit to be deposited in an unsanitary manner upon public or private property within the improvement or in any area under the jurisdiction of the improvement any human or animal excrement, garbage or other objectionable waste.
§ 118-3 Discharge of waste to natural outlet restricted.
It shall be unlawful to discharge to any natural outlet within the improvement or in any area under the jurisdiction of the improvement any sanitary sewage, industrial wastes or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.
§ 118-4 Use of privies, septic tanks and similar facilities restricted.
Within the improvement, it shall be unlawful to construct, use or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage, except as hereinafter provided.
§ 118-5 Connection to public sewer required; abandonment of private facilities; penalties for offenses.
[Amended 7-24-2000 by L.L. No. 2-2000]
The owners of all houses, buildings or properties used for human occupancy, employment, recreation or other purpose situated within the improvement boundaries are hereby required, at their expense, to install suitable plumbing facilities therein and to connect such facilities directly with the proper public sewer in accordance with the provisions of this chapter within 180 days after the date of official notice to do so, and any septic tanks, cesspools and similar private sewage disposal facilities shall be cleaned of sludge and liquid, abandoned and filled with suitable material within 90 days after connection to the public sanitary sewer of the improvement. Failure to properly abandon a private facility in the specified time frame shall be a violation of this section and subject to a fine of $10 per day for the first 30 days from notification of a violation and $25 per day thereafter until the violation is corrected.
§ 118-6 Car washes.
Owners of premises upon which a commercial car wash is operated and the operators of any such car washes may, if the premises on which any such car washes are located have adequate and satisfactory sewerage facilities to dispose of the water used in the car wash, continue to use such sewerage facilities solely to dispose of the water used in actually washing vehicles, but must separate the plumbing facilities for that water from the plumbing facilities carrying all other forms of sewage and connect the latter plumbing facilities directly with the proper public sewer in accordance with all the provisions of this chapter. The owner and/or operator of any car wash continuing to use a private sewage system as aforesaid shall separate the pipes supplying water to the actual vehicle-washing operation from all water lines to the premises on which said car wash operations are located and shall, at his own cost, connect the pipes supplying water to the actual vehicle-washing operation to a separate water meter so that the quantity of water used in the actual car wash operation is separately metered and measured.
§ 118-7 When permitted; compliance with provisions.
Where a public sanitary sewer is not available under the provisions of § 118-5 above, the building sewer shall be connected to a private sewage disposal system complying with the provisions established by the Ulster County Department of Health.
§ 118-8 Permit required.
Hereafter, before commencement of construction of a private sewage disposal system within the district boundaries, the owner shall first obtain a written permit from the Ulster County Health Department. The permit shall be made on a form furnished by the Ulster County Health Department and may be supplemented by any plans, specifications and other information as are deemed necessary by the Ulster County Health Department.
§ 118-9 When permit becomes effective; inspection required.
A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Ulster County Health Department, when the work is ready for final inspection and before any underground portions are covered. The inspection shall be made within 48 hours of the receipt of notice by the Ulster County Health Department.
§ 118-10 Specifications and restrictions.
The type, capacities, location and layout of a private sewage disposal system shall comply with all recommendations of the Department of Health of the State of New York. No septic tank or cesspool shall be permitted to discharge to any natural outlet.
§ 118-11 Responsibility of owner to operate and maintain.
The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at his own expense and at no expense to the improvement.
§ 118-12 Connection to public sewer; abandonment of private facilities.
At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in Article II, a direct connection shall be made to the public sewer in compliance with this chapter, and any septic tanks, cesspools and similar private sewage disposal facilities shall be cleaned of sludge and liquid, abandoned and filled with suitable material.
§ 118-13 Additional requirements.
§ 118-14 Permit required.
No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Town Board.
§ 118-15 Building sewer permit.
Classes.
In either case, the owner or his agent shall make the application on special forms furnished by the town.
The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Town Board.
A permit and inspection fee in an amount as set by resolution of the Town Board for a sewer permit shall be paid to the Town Clerk at the time the application is filed.[1]
[Amended 8-22-1994 by L.L. No. 2-1994]
[1]
Editor's Note: The current fees resolution is on file in the office of the Town Clerk and may be examined there during regular office hours.
§ 118-16 Responsibility of owner.
All costs and expenses incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall pay for and indemnify the town from any loss or damage that may, directly or indirectly, be occasioned by the installation of the building sewer.
§ 118-17 Buildings to have separate building sewers; exceptions.
A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as a separate building sewer.
§ 118-18 Old building sewers.
[Amended 7-24-2000 by L.L. No. 2-2000]
Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Town Engineer, or other engineer approved by the town, to meet all requirements of this chapter.
§ 118-19 Pipe specifications.
The building sewer shall be ductile iron soil pipe, AWWA C151, thickness Class 2 or equal, or PVC SDR 35 or other suitable material approved by the Town Engineer. Joints shall be gastight and watertight. Any part of the building sewer that is located within 10 feet of a water service pipe shall be constructed of ductile iron pipe. Ductile iron pipe may be required by the Town Engineer where the building sewer is exposed to damage by tree roots. If installed in filled or unstable ground, the building sewer shall be of ductile iron soil pipe, except that nonmetallic material may be accepted if laid on a suitable concrete bed or cradle as approved by the Sewer Department. Bedding material is to be placed in the trench so as to obtain equal support for all sections of pipe.
§ 118-20 Size and slope.
The size and slope of the building sewer shall be subject to the approval of the Sewer Department, but in no event shall the diameter be less than four inches. The slope of such four-inch pipe shall not be less than 1/8 inch per foot, nor more than 1/2 inch per foot, or as may be required.
§ 118-21 Depth, placement and changes in direction.
The depth shall be sufficient to afford protection from frost. No building sewer shall be laid parallel to or within three feet of any bearing wall, which might thereby be weakened. The building sewer shall be laid at uniform grade and in straight alignment, insofar as possible. Changes in direction shall be made only with properly curved pipe and fittings. Where horizontal bends of more than 11 1/4º are required, cleanouts of a type approved by the Sewer Department are to be installed.
§ 118-22 Building drains.
In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such drain shall be lifted by approved artificial means and discharged to the building sewer, and the cost of furnishing such artificial means shall be paid by the improvement where the aforesaid building drain was in place and in existence as of the time that the public sewer is installed. The cost of installation, repairs, replacing, maintenance and utilities shall be paid by the owner.
The cost of installation, maintenance, repair and replacement of any artificial means of lifting sanitary sewage from a building drain to the public sewer, as well as the utility costs incurred in the operation thereof, which artificial means are made necessary by the construction and installation of the building drains subsequent to the installation of the public sewer, shall be paid by the owner of the premises on which any such building drain is located.
§ 118-23 Excavations and backfilling.
[Amended 7-24-2000 by L.L. No. 2-2000]
All excavations required for the installation of a building sewer shall be open-trench work unless otherwise approved by the Sewer Department. Pipe laying and backfill shall be performed in accordance with the section of the construction specifications for the Sewer Improvement Area entitled "Excavation, Trenching and Backfilling for Utilities Systems."
§ 118-24 Connection to existing public sewer; costs and expenses.
[Amended 7-24-2000 by L.L. No. 2-2000]
The connection of the building sewer into an existing public sewer shall be at the property line. If a lateral connection has not previously been provided, the lateral will be constructed from the existing public sewer to the property line by the Sewer Department or a contractor approved by the Sewer Department upon submittal of a proper application by the property owner. The method of connection of the lateral to the public sewer will be dependent upon the type of sewer material used and, in all cases, shall be approved by the Sewer Department. The cost of constructing the lateral shall be paid by the property owner. The town or its designee shall approve and inspect all work and will collect a rock cut and/or curb cut fee if required.
§ 118-25 Inspection; installation of meter.
The applicant for the building sewer permit shall notify the Sewer Department when the building sewer is ready for inspection and connection to the public sewer lateral. The connection shall be made under the supervision of the Sewer Department or such other person appointed by the Town Board. Prior to connection, the Water Superintendent or assistant shall certify that the meter is installed and working properly.
§ 118-26 Inspection of trenches.
[Amended 7-24-2000 by L.L. No. 2-2000]
When trenches are opened for the laying of house sewer lateral pipes, such trenches shall be inspected by the Town Engineer, or engineer approved by the town, or his deputy or representative before the trenches are filled, and the plumber performing such work shall notify the Sewer Department when the laying of the house sewer is completed. If a trench is filled before inspection is made, the plumber to whom a permit is issued must reexcavate the trench to permit the required inspection.
§ 118-27 Safety precautions for excavations; restoration.
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.
§ 118-28 Discharge of stormwaters and industrial cooling waters.
Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers or to a natural outlet approved by the Town Engineer. Industrial cooling water or unpolluted process waters may be discharged upon approval of the Town Engineer and the New York State Department of Environmental Conservation and shall require a New York State Pollutant Discharge Elimination System (SPDES) permit to be discharged to natural drainage.
§ 118-29 Design; approval of plans.
All extensions to the sanitary sewer system owned and maintained by the town shall be properly designed in accordance with the Recommended Standards for Sewage Works, as adopted by the Great Lakes - Upper Mississippi River Board of State Sanitary Engineers and in strict conformance with all requirements of the New York State Department of Health.
Plans and specifications for sewer extensions shall be submitted to and approval obtained from the engineer and the New York State Department of Health before construction may proceed.
The design of sewers must anticipate and allow for flows from all possible future extensions or developments within the immediate drainage area.
§ 118-29.1 Contract use by bordering property owners.
When a property is outside the boundaries of the Sewer Improvement Area but adjoins said boundary on at least one side, the owner of said property may, by contract approved by the Town Board, become a contract user of the Sewer Improvement Area, provided that the proposed user's sewer discharge is within 400 feet of the Sewer Improvement Area boundary line.
The contract user shall be assessed a property tax and sewer use fees calculated in the same manner as a property within the Sewer Improvement Area as defined elsewhere in this chapter. In addition, the contract user shall pay a proportional share of a special district construction assessment, if applicable.
[Amended 7-24-2000 by L.L. No. 2-2000]
The contract user shall pay legal fees incurred by the Sewer Improvement Area for contract preparation.
The contract user is subject to all rules and regulations as defined in this chapter.
§ 118-30 Construction by town; proposal of extensions.
Sewer extensions, including individual building sewer laterals to the property line, may be constructed by the town under public contract if, in the opinion of the Town Board, the number of properties to be served by such extension warrants its cost.
Under this arrangement, the property owner shall pay for and install the building sewer from the property line to the building in accordance with the requirements of Article IV.
[Amended 7-24-2000 by L.L. No. 2-2000]
Thereafter, each property owner served by the extended public sewers will be charged at the full service charge rate as outlined in Article X.
Property owners may, in accordance with applicable law, propose sewer extensions within a Sewer Improvement Area or other parts of the town by drafting a written petition, signed by a majority of the benefiting property owners, and filing it with the Town Board.
[Amended 7-24-2000 by L.L. No. 2-2000]
§ 118-31 Construction by owner.
If the town does not elect to construct a sewer extension under public contract, the property owner, builder or developer may construct the necessary sewer extension if this extension is approved by the Town Board in accordance with the requirements of the section.
The property owner must pay for the entire installation, including all expenses incidental thereto.
[Amended 7-24-2000 by L.L. No. 2-2000]
Each building sewer must be installed and inspected as required by Article IV, and the inspection fees shall be paid.
The installation of the sewer extension must be subject to full-time inspection by the Town Engineer, and the expenses for this inspection shall be paid for by the owner, builder or developer. The Town Engineer's decision shall be final in matters of quality and methods of construction. The sewer, as constructed, must pass the exfiltration test required in § 118-34 before it is to be used. The cost of the sewer extension thus made shall be absorbed by the developers or the property owners, and, thereafter, the property owners will be subject to a sewer service charge proportional to their use of trunk sewers and treatment plants and their proportion of operational and maintenance costs as outlined in Article X.
§ 118-32 Design specifications.
Sewer design shall be in accordance with the following provisions:
Pipe shall be of a type approved by the Town Engineer. Trench widths as measured just above the crown of the pipe shall not exceed the following:
Pipe Diameter (inches) | Trench Width | |
|---|---|---|
8 | 3 feet 3 inches | |
10 | 3 feet 6 inches | |
12 | 3 feet 9 inches |
If the trench widths are found, during field inspection, to exceed the limits in the above table, the sewer pipe shall be encased with a minimum of six inches of concrete. Pipe shall be firmly and evenly bedded on a minimum of three inches of No. 1A or No. 1 crushed stone (New York State Department of Transportation specification). Pipe thickness and field strength shall be calculated on the following criteria:
Utilizing the above information, design shall then be made as outlined in Chapter IX of the Water Pollution Control Federation Manual of Practice No. 9, Design and Construction of Sanitary and Storm Sewers.
§ 118-33 Manholes.
Manholes shall be constructed at all changes in slope alignment or at intervals not exceeding 400 linear feet.
The manholes shall be constructed with a poured concrete base of 3,000 pounds per square inch, steel-troweled concrete or mortar inverts and precast four-foot-diameter concrete manhole barrel sections and a tapered top section.
The manhole frame and cover shall be the standard design of the town and shall be set with no less than two courses of brick underneath to allow for later adjustment in elevation.
§ 118-34 Exfiltration test.
All sewers shall satisfy requirements of a final exfiltration test before they will be approved and sewage flow accepted from them by the town. This test consists of filling the pipe with water to provide a head of at least five feet above the top of the pipe or five feet above groundwater, whichever is higher, at the highest point of the pipe line under test, and then measuring the loss of water from the line by the amount which must be added to maintain the original level. In this test, the line must remain filled with water for at least 24 hours prior to the taking of measurements. Exfiltration shall be measured by the drop of water level in a standpipe with closed bottom end or in one of the sewer manholes available for measurement.
When a standpipe and plug arrangement is used in the upper manhole of a line under test, there must be some positive method of releasing entrapped air in the sewer prior to taking measurements. The test length intervals for either type of test shall be as ordered approved, but in no event shall they exceed 100 feet. In the case of sewers laid on steep grades, the length of line to be tested by exfiltration at any one time may be limited by the maximum allowable internal pressure on the pipe and joints at the lower end of the line. The test period, wherein the measurements are taken, shall not be less than two hours in either type of test.
The total leakage of any section tested shall not exceed the rate of 100 gallons per mile of pipe per 24 hours per inch of nominal pipe diameter. For purposes of determining the maximum allowable leakage, manholes shall be considered as sections of forty-eight-inch diameter pipe, five feet long. The equivalent leakage allowance shall be 4.5 gallons per manhole per 24 hours for forty-eight-inch diameter manholes. If leakage exceeds the specified amount, the necessary repairs or replacements required shall be made to permanently reduce the leakage to within the specified limit, and the tests shall be repeated until the leakage requirement is met.
§ 118-35 Extensions to become town property; guaranty.
[Amended 7-24-2000 by L.L. No. 2-2000]
All sewer extensions constructed at the property owner's, builder's or developer's expense, after final approval and acceptance by the Town Engineer, shall become the property of the town and shall thereafter be maintained by the town. Said sewer extensions, after their acceptance by the town, shall be guaranteed for one year. The guaranty shall be in a form provided for by the town. At the sole discretion of the town, a completion bond and/or maintenance bond or certified check may be demanded as part of the guaranty.
§ 118-36 Requirements for new development.
No builder or developer shall be issued a building permit for a new dwelling or structure requiring sanitary facilities within the improvement boundaries unless a suitable and approved method of waste disposal is proposed. All new developments shall be provided with an approved system of sanitary sewers.
§ 118-37 Discharge to public sewers.
No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer:
Any liquid or vapor having a temperature higher than 150º F. (65º C.) or which would cause a temperature above 40º C. to enter the treatment facilities.
Any water or wastes which contain grease or oil or other substances that will solidify or become discernibly viscous at temperatures between thirty-two degrees and one hundred fifty degrees Fahrenheit (32º and 150º F.).
Any water or wastes containing emulsified oil and grease exceeding an average of 50 parts per million gallons of ether-soluble matter.
Any gasoline, benzine, naphtha, fuel oil or mineral oil or other flammable or explosive liquid, solid or gas.
Any noxious or malodorous gas, such as hydrogen sulfide, sulfur dioxide or nitrous oxide or other substance, which, either singly or by interaction with other wastes, is capable of creating a public nuisance or hazard to life or of preventing entry into sewers for their maintenance and repair.
Any garbage that has not been properly pulverized or ground to fine powder.
Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastic, wood, paunch manure, hair and fleshings, entrails, lime residues, beer and distillery slops, chemical residue, paint residues, cannery waste, bulk solids or any other solid viscous substance capable of causing obstruction to the flow of the sewers or other interference with the proper operation of the sewage system.
Any waters or wastes, acid and alkaline in reaction, having corrosive properties capable of causing damage or hazard to structures, equipment and personnel of the sewage system; free acids and alkalies must be neutralized, at all times, within a permissible pH range of 6.0 to 9.0.
Any long half-life (over 100 days) of toxic radioactive isotopes, without special permit.
Any waters or wastes that, for a duration of 15 minutes, have a concentration greater than five times the average of that of normal sanitary sewage, as defined in Subsection C of this section, as measured by suspended solids and BOD, and/or which is discharged continuously at a rate exceeding 1,000 gallons per minute, except by special permit.
Any stormwater, roof drains, springwater, cistern or tank overflow, cellar or footing drains, discharge from any vehicle rack or motor or the contents of any privy vault, holding tank, septic tank or cesspool or the discharge of effluent from any air-conditioning machine or refrigeration unit.
Limits of toxic substances.
No person shall discharge or cause to be discharged any waters or wastes containing a toxic or poisonous substance, a high chlorine demand or suspended solids in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals or create any hazard in the receiving waters or the effluent of the wastewater treatment facility. Such toxic substances shall be limited to the average concentrations listed hereinafter in the sewage. If concentrations listed are exceeded, individual establishments will be subject to control in volume and concentration by the Town Engineer.
Limits of Toxic Substances in Sewage at Point of Entry Into Municipal Systems | |||
|---|---|---|---|
Effluent Concentration Limits (milligrams per liter) | |||
Substance | 30-Day Average | 24-Hour Average | |
Cadmium | 0.4 | 0.8 | |
Hex. chromium | 0.2 | 0.4 | |
Total chromium | 4.0 | 8.0 | |
Copper | 0.8 | 1.6 | |
Lead | 0.2 | 0.4 | |
Mercury | 0.2 | 0.4 | |
Nickel | 4.0 | 8.0 | |
Zinc | 1.2 | 2.4 | |
Arsenic | 0.2 | 0.4 | |
Available chlorine | 50.0 | 50.0 | |
Cyanide, free | 0.4 | 0.8 | |
Cyanide, complex | 1.6 | 3.2 | |
Selenium | 0.2 | 0.4 | |
Sulfide | 6.0 | 12.0 | |
Barium | 4.0 | 8.0 | |
Manganese | 4.0 | 8.0 | |
Gold | 0.2 | 0.4 | |
Silver | 0.2 | 0.4 | |
Fluorides | |||
To fresh water | 4.0* | 8.0* | |
To saline water | 36.0 | 72.0 | |
Phenol | 4.0 | 8.0 | |
*NOTE: May be multiplied by a factor of 1.5 if the municipal water supply is not fluoridated. | |||
The list of toxic limits provided herein will be replaced by the list of limits of toxic substances established pursuant to Section 307 of the Clean Water Act, when promulgated. Any limits in the existing list which are either more stringent than the federal limit for a particular substance or for a substance not included in the federal list may remain.
Normal sanitary sewage shall be construed to be all within the following ranges at the effluent of the industrial plant in question.
Constituents | Normal Range (parts per million) | |
|---|---|---|
Suspended solids | 180 to 350 | |
BOD | 140 to 300 | |
Chlorine demand | 5 to 15 |
§ 118-38 Grease, sand and oil interceptors.
[Amended 7-24-2000 by L.L. No. 2-2000]
When required. Grease and oil traps and interceptors shall be installed at all premises of commercial kitchens and restaurants engaged in the preparation or service of food for the proper handling of liquid wastes containing grease in excessive amounts, flammable wastes or other harmful ingredients prior to entering the public wastewater collection system. Interceptors shall not be required for private living quarters or dwelling units.
Construction, general. Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight and equipped with easily removable covers which, when bolted in place, shall be gastight and watertight.
Existing installations. When in the opinion of the Building Inspector an existing installation is incapable of handling liquid waste, the owner shall install a one-thousand-gallon precast exterior grease interceptor if there is available space on the premises. The manufacturer's specification and installation plan must be reviewed and approved by the Building Inspector prior to installation. When adequate space is not available on the premises, a one-hundred-pound grease trap shall be installed inside the building, at a maximum distance from hot water discharges, as acceptable to the Building Inspector. All interceptors shall be located as to be readily and easily accessible for cleaning and inspection. The manufacturer's specification and the installation plan from the owner must be reviewed and approved by the Superintendent prior to installation. All installations shall comply with New York State Department of Environmental Conservation (NYSDEC), Ulster County Health Department and local laws governing this type of construction.
New construction. All food service facilities hereafter established shall be fitted with separate grease traps of precast concrete having a minimum one-thousand-gallon capacity exterior to the structure, and accessible for inspection and pump-out, except that any food service facility with a seating capacity in excess of 150 seats shall be provided with a grease trap with a minimum capacity of 2,000 gallons. All installations shall comply with NYSDEC, Ulster County Health Department and local laws governing this type of installation.
Preexisting nonconforming uses. All food service facilities which do not have grease and oil traps and interceptors at the premises shall install such interceptors in accordance with the requirements of this section within 30 days of connecting to the public sewer.
Maintenance. All grease and oil interceptors shall be maintained at the owner's expense in continuously efficient operation at all times. The grease and oil interceptor shall be pumped out when it is at 80% of its intended capacity and the contents disposed of at a NYSDEC approved disposal facility.
Inspection. All installation shall be readily accessible and open to inspection by the town or its designee at any time. If during the time of inspection it is determined that the interceptor is at or above capacity, and not adequately performing its intended function, the owner of the facility will be given 72 hours from the time of the inspection to have a licensed contract hauler pump out and properly dispose of the contents. The owner shall then contact the designee for a reinspection. If the owner is found to be in noncompliance with these maintenance and inspection requirements, the Building Inspector shall issue and serve an appearance ticket to the owner and pursue remedy.
Recordkeeping. The owner of each facility responsible for the installation and maintenance of grease and oil traps and interceptors shall maintain a pump-out log which will include the proper recording of pump-out dates. It shall also include receipts indicating service dates and pump-out volumes from the hauler. This information shall be made available to the Superintendent at the time of inspection.
§ 118-39 Limits on discharge of certain water and waste; preliminary treatment.
The admission into the public sewers of any waters or wastes having a five-day biochemical oxygen demand greater than 300 parts per million by weight or containing more than 350 parts per million by weight of suspended solids or containing more than 15 parts per million of chlorine demand or containing any quantity of substances having the characteristics above the previously described limits or having an average daily flow greater than 2% of the average daily sewage flow of the town shall be subject to the review and approval of the Town Engineer.
Where necessary, in the opinion of the Town Engineer, the owner shall provide, at his expense, such preliminary treatment as may be necessary to reduce the biochemical oxygen demand to 300 parts per million and the suspended solids to 350 parts per million by weight or reduce the chlorine demand to 15 parts per million or reduce objectionable characteristics or constituents to within the maximum limits provided for or control the quantities and rates of discharge of such waters or wastes.
§ 118-40 Preliminary treatment facilities.
Plans, specifications and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the Town Engineer, the Water Resources Commission of the State of New York and the New York State Department of Environmental Conservation, and no construction of such facilities shall be commenced until said approvals are obtained, in writing.
Where preliminary treatment facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.
§ 118-41 Control manhole.
When required by the Town Engineer, the owner of any property served by a building sewer carrying industrial wastes shall install a suitable control manhole in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located and shall be constructed in accordance with the plans approved by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times.
§ 118-42 Standards of measurement; sampling.
All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made shall be determined in accordance with the Ulster County Health Department Methods of Examination of Water and Sewage and using Standard Methods for the Examination of Water and Wastewater as a correct laboratory reference upon suitable samples taken at control manholes provided for above. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected.
§ 118-43 Special agreements.
No statement contained in this chapter shall be construed as preventing any special agreement or arrangement between the town and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the town for treatment, subject to payment therefor by the industrial concern.
§ 118-44 Damage prohibited; violators subject to arrest.
No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the improvement sewerage works. Any person violating this provision shall be subject to immediate arrest under charge of criminal mischief.
§ 118-45 Powers and authority of inspectors.
The Town Engineer, employees of the United States Environmental Protection Agency and the New York State Department of Environmental Conservation and duly authorized employees of the town, bearing proper credentials and identification and having a reason for inspection, shall be permitted to enter upon all properties for the purposes of inspection, observation, measurements, sampling and testing, in accordance with the provisions of this chapter. The town shall have the authority to enforce industrial pretreatment standards promulgated by the United States Environmental Protection Agency pursuant to Section 307 of P.L. 92-500.
§ 118-46 Superintendent.
The Town Board shall appoint a Superintendent for the improvement who shall have such duties and responsibilities for the management and operation of the improvement as the Town Board may from time to time establish.
§ 118-47 Penalties for offenses.
Any person found to be violating any provision of this chapter shall be served by the town with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
Any person who shall continue any violation beyond the above time limit shall, upon conviction thereof, be fined in an amount not exceeding $500 for each violation. Each day in which any such violation shall continue shall be deemed a separate offense, except that penalties assessed under § 118-5 shall not be limited by this section.
[Amended 8-22-1994 by L.L. No. 2-1994; 7-24-2000 by L.L. No. 2-2000]
Any person violating any of the provisions of this chapter shall become liable to the town for any expense, loss or damage occasioned the town by reason of such violation.
§ 118-48 Use of sewer charges.
Sewer charges shall be used for deriving revenues for financing and maintaining sewage collection and treatment facilities. The funds derived from these charges shall be used for all municipal expenses associated with constructing, improving or maintaining a sewerage system, including engineering, planning, construction, reconstruction of sewers and the cost of the wastewater treatment works and all necessary appurtenances thereto, including pumping stations, extensions, enlargement, replacement or additions to the sanitary sewer systems or the preliminary or other studies and studies and surveys relative thereto and for the acquisition of land or rights-of-way for any of the capital improvements.
§ 118-49 Sewer use charge; capital cost amortization charge.
Sewer charges shall include a sewer user charge, which shall be levied on owners of properties located within or without the district boundaries who contribute sewage to the public sewers, and a capital cost amortization charge to be levied on all owners of property within the improvement boundaries.
§ 118-50 Review of user charges.
The Town Board of the Town of Marlborough shall review the user charges annually and revise them periodically to reflect the actual sewage works, operation and maintenance cost.
§ 118-51 Billing.
[Amended 7-24-2000 by L.L. No. 2-2000]
Sewer user charges shall be billed semiannually at the same time that the Marlborough Water District bills for water usage charges. Capital cost amortization charges shall be billed at the same time and included in the tax statement that is sent out by the town for county charges and general town taxes.
§ 118-52 Levy of user charges.
Sewer user charges shall be levied on the basis of the amount of water from a Sewer Improvement Area used by each sewer user at such per-gallon rates as the Town Board may from time to time establish, but in no way shall there be less than a minimum charge of $10 for the first 5,000 gallons or less per semiannual billing period.
[Amended 12-19-1988 by L.L. No. 4-1988; 7-24-2000 by L.L. No. 2-2000]
This user charge is based on domestic flows or properly pretreated large or industrial flows. It is based on the following formula:
The strength of large or industrial uses shall be measured by the district, and the semiannual charges will be based on the above formula.
In the event of a defective water meter, the average of its last two semiannual billings for sewer user charges during which the meter was operating properly will be charged. If the property has its own water supply or is served by an unmetered independent water company, the owner shall install a water meter at his expense. Commercial or nonresident users must install a water meter at their own expense. The capital cost amortization charges shall be levied on the basis of the assessed valuation of each parcel of property within the improvement boundaries for general town and county tax purposes at such rates that may from time to time be set by the Town Board.
In the event that an entity becomes a user of the public sewer system but is not part of the Marlborough Water District or does not use Marlborough Water District services, the sewer usage charge shall be estimated in accordance with typical usage charges for similar entities as established by the Superintendent of Sewers or contractor for sewer operations as designated by the Town Board.
[Added 7-24-2000 by L.L. No. 2-2000]
§ 118-53 Interest and penalties; statements.
[Amended 5-20-1985 by L.L. No. 1-1985]
The bills for sewer user charges shall become due and payable to the Marlboro Sewer Improvement or Milton Sewer Improvement Area, and such payments shall be made to the Town Clerk, at the Clerk's office, semiannually. If such bills are not paid by the due date listed on the bill or within 30 days, whichever the latter, a penalty of 10% of the amount of such bill will be added thereto.
[Amended 3-9-1992; 8-22-1994 by L.L. No. 2-1994; 7-24-2000 by L.L. No. 2-2000]
Sewer user charges and capital cost amortization charges and the interest and penalties thereon shall be a lien upon the real property which is using the public sewer or which is located within the improvement boundaries, and on or before the day when, under Town Law, preliminary estimates of expenditures are required to be submitted, the Town Clerk shall prepare and file with the Town Board a statement showing all sewer user charges, with penalties and interest thereon, which remain unpaid, which said statement shall contain a brief description of the property to which sewer services were supplied or which is within the improvement boundaries, the name of the owner liable to pay the same, so far as may be known, and the amount chargeable.
§ 118-54 Connection charges.
Connection charges. A charge in an amount as set by resolution of the Town Board will be levied against all property owners who tap in on the collection main imbedded in the street. The minimum sewer size shall be four inches in diameter. Any sewers in excess of four inches in diameter will pay additional charges; connection charges, interest and penalties shall be a lien upon the real property which is connecting to the public sewer and shall be levied on the property if not paid at the time the bill for connection charges is offered.[1]
[Amended 8-22-1994 by L.L. No. 2-1994; 7-24-2000 by L.L. No. 2-2000]
[1]
Editor's Note: The current fees resolution is on file in the office of the Town Clerk and may be examined there during regular office hours.
The cost of constructing the lateral from the public sewer to the property line will be covered by the above connection charge, and the work will be performed by the town.
The property owner shall pay all costs of constructing the building sewer from the property line to the building drain or the Town Board may, if it deems it advisable and feasible, contract for the cost of constructing said building sewer from the property line to the building drain and charge the property owner an installation charge therefor, at a rate to be established by the Town Board, but the property owner shall pay all costs of preparing an opening through the building wall permitting the passage of said building main through the wall to the building drain. If the Town Board decides to contract for said connections, then all necessary connections will be made under that contract.