[HISTORY: Adopted by the Council of the City
of Watervliet as indicated in article histories. Amendments noted
where applicable.]
[Adopted 4-20-1972 as Art. VIII of Part II, Charter Appendix,
of the Code of Ordinances of 1972]
The sewer system of the City of Watervliet,
for which sewer rents are hereinafter established and imposed, shall
include all sewer pipes and other appurtenances which are useful in
whole or in part in connection with the collection, treatment or disposal
of sewage, industrial waste and other wastes and which are owned,
operated or maintained by the City of Watervliet, including sewage
pumping stations and sewage treatment and disposal works, if any,
as part of the public system.
[Amended 5-23-1974 by L.L. No. 1-1974; 12-16-1976 by L.L. No.
2-1976; 3-4-1982 by L.L. No. 1-1982; 8-2-1984 by L.L. No.
1-1984; 12-21-1989 by L.L. No. 1-1989; 6-15-2000 by L.L. No.
1-2000; 4-15-2004 by L.L. No. 1-2004; 5-5-2005 by L.L. No.
1-2005; 4-27-2006 by L.L. No. 1-2006; 10-19-2006 by L.L. No.
4-2006; 12-21-2006 by L.L. No. 6-2006; 10-18-2007 by L.L. No.
2-2007; 11-6-2008 by L.L. No. 2-2008; 10-15-2009 by L.L. No.
2-2009; 4-15-2010 by L.L. No. 1-2010; 10-21-2010 by L.L. No.
3-2010; 5-26-2011 by L.L. No. 1-2011; 11-3-2011 by L.L. No.
2-2011; 11-1-2012 by L.L. No. 3-2012; 10-24-2013 by L.L. No.
1-2013; 4-7-2016 by L.L. No. 1-2016; 11-17-2016 by L.L. No. 3-2016; 10-26-2017 by L.L. No. 8-2017; 1-3-2019 by L.L. No. 1-2019; 10-17-2019 by L.L. No. 5-2019; 10-1-2020 by L.L. No. 2-2020; 11-4-2021 by L.L. No. 3-2022; 10-6-2022 by L.L. No. 4-2022]
A.Â
In addition to any other fees or charges provided by law, the owner
of any parcel of real property in the City connected with the City
sewer system by means of a private sewer or drain emptying into the
City sewer system shall be billed per billing period for the use of
the sewer system. The rent shall be $98.41 for the billing period
November 1, 2022, through April 30, 2023, and $98.41 for the billing
period May 1, 2023, through October 31, 2023, for each residential
unit.
B.Â
The metered rate of $4.48 per thousand gallons for the billing period
November 1, 2022, through April 30, 2023, and $4.48 per thousand gallons
for the billing period May 1, 2023, through October 31, 2023, shall
be charged also to other unspecified establishments.
C.Â
Where the metered rate is charged, the minimum charge is to be $224
for the billing period November 1, 2022, through April 30, 2023, and
$224 for the billing period May 1, 2023, through October 31, 2023.
D.Â
Vacant houses and other vacant buildings within the City of Watervliet,
with water turned off at the service entry, will be charged $49.50
per unit for the billing period November 1, 2022, through April 30,
2023, and $49.50 per unit for the billing period May 1, 2023, through
October 31, 2023. If the water is turned on at the service entry during
a billing period, the property will be billed the full rate of $98.41
per unit per billing period. If the water service has been turned
on at the vacant property, other than by the City of Watervliet Water
Department, during a billing period, the property will be billed the
full rate of $98.41 per billing period for each unit and will also
be charged a penalty of $500.
E.Â
Vacant units within an owner-occupied property may apply for a rate
reduction. These units will each be charged $49.50 for the billing
period November 1, 2022, through April 30, 2023, and $49.50 for the
billing period May 1, 2023, through October 31, 2023. If the unit
becomes occupied during a billing period, the property will be billed
the full rate of $98.41 per billing period for that unit. If a unit
that has been granted a reduction is found to be occupied during a
billing period, the property will be billed the full rate of $98.41
per billing period for that unit and will also be charged a penalty
of $500.
F.Â
Vacant lands (300 - Vacant Land property classification code) will
be charged $6.57 for the billing period November 1, 2022, to April
30, 2023, and $6.57 for the billing period May 1, 2023, to October
31, 2023.
G.Â
The owner of any parcel of real property outside the corporate limits
of the City of Watervliet, connected with the City sewer system by
means of a private sewer or drain emptying into the City sewer system,
shall be billed per billing period for the use of the sewer system.
The rent shall be $150 for the billing period November 1, 2022, through
April 30, 2023, and $150 for the billing period May 1, 2023, through
October 31, 2023, for each residential unit.
H.Â
Vacant houses and other vacant buildings outside the corporate limits
of the City of Watervliet, with water turned off at the service entry,
will be charged $75 per unit for the billing period November 1, 2022,
through April 30, 2023, and $75 per unit for the billing period May
1, 2023, through October 31, 2023. If the water is turned on at the
service entry during a billing period, the property will be billed
the full rate of $150 per unit per billing period.
Sewer rents shall be due and payable in semiannual
installments on the first day of January and the first day of July
in each year. Upon all such sewer rents paid on or before February
1 and August 1 of each year, no interest or penalty shall be charged.
On all said sewer rents remaining unpaid after February 1 and August
1 there shall be added interest at the rate of 1% per month until
paid. No deduction or discount shall be made from the payment of said
sewer rents. If not paid by time of tax sale a further penalty of
10% per annum, plus cost of advertising, etc., will be charged. Such
sewer rents may also be collected in the manner prescribed in Subdivision
4 of § 452 of the General Municipal Law.
The provisions of Article 14-F, Sewer Rent Law,
of the General Municipal Law of the State of New York are incorporated
by reference herein and made a part hereof.
[Adopted 4-20-1972 as Art. III of Ch. 20 of the Code of
Ordinances of 1972]
As used in this article, the following terms
shall have the meanings ascribed to them:
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20° C., expressed in milligrams per liter.
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 feet outside the inner face of the building wall.
The extension from the building drain to the public sewer
or other place of disposal.
The difference between the amount of chlorine added to water,
sewage or industrial wastes and the amount of residual chlorine remaining
at the end of a 20 minute contact period at room temperature.
A sewer receiving both surface runoff and sewage.
The Board of Commissioners appointed by the County Legislature
to the county sewer district.
The water discharged from any system of condensation, air
conditioning, cooling, refrigeration or other sources. It shall contain
no polluting substances which would produce BOD or suspended solids
in excess of 10 parts per million by weight or toxic substances as
limited elsewhere herein.
Any county sanitary sewer district as created, altered or
modified by action of the County Legislature.
The trunk sewers, force mains, pumping stations, sewage regulators,
water pollution control plants (sewage treatment plants) and other
appurtenant structures owned and operated by the county sewer district.
The Executive Director of the County Sewer District.
Solid wastes from the domestic and commercial preparation,
cooking and dispensing of food and from the handling, storage and
sale of produce.
The liquid wastes from industrial manufacturing processes,
trade or business, as distinct from sanitary sewage.
Any outlet into a watercourse, pond, ditch, lake or other
body of surface or ground water.
Sewage, industrial wastes or other wastes, which when analyzed,
show by weight the following characteristics:
Garbage, shredded or unshredded, or refuse, wood, egg shells,
coffee grounds, sawdust, shavings, bark, sand, lime, cinder, ashes
and all other discarded matter not normally present in sewage or industrial
wastes.
The negative logarithm of the hydrogen ion concentration
in molecules per liter. It indicates the intensity of acidity and
alkalinity of the pH scale running from zero pint zero (0.0) to fourteen
point zero (14.0). A pH value of seven point zero (7.0), the midpoint
of the scale, represents neutrality. Values above seven point zero
(7.0) represent alkaline conditions and those below seven point zero
(7.0) represent acid conditions.
Garbage that has been shredded to such a degree that all
particles will be carried freely under the flow conditions normally
prevailing in public sewers, with no particle greater than one-half
(1/2) inch (1.27 centimeters) in any dimension.
A sewer in which all owners of abutting properties have equal
rights and which is controlled by a public authority.
A natural watercourse or body of water into which treated
or untreated sewage is discharged.
Sewage discharging from the sanitary conveniences of dwellings,
including apartment houses and hotels, office buildings, factories
or institutions, and free from stormwater, surface water, industrial
wastes and other wastes.
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 water as may be inadvertently
present. The admixture of sewage with industrial wastes or other wastes
also shall be considered "sewage" within the meaning of this definition.
Any arrangement of devices and structures used for treating
sewage.
All facilities for collecting, pumping, treatment and disposing
of sewage.
A pipe or conduit for carrying sewage.
Any discharge of water, sewage or industrial waste which,
in concentration of any given constituent or in quantity of flow,
exceeds for any period of duration longer than 15 minutes more than
five times the average twenty-four-hour concentration or flow during
normal operation.
A sewer which carries storm- and surface waters and drainage,
but excludes sewage and industrial wastes, other than unpolluted cooling
water.
The General Manager or his authorized deputy, agent or representative.
Solids that either float on the surface of or are in suspension
in water, sewage or other liquids and which are removable by flotation,
skimming and sedimentation.
Any substance, whether gaseous, liquid or solid, which, when
discharged into a public sewer in sufficient quantities, may be hazardous
to sewer maintenance personnel, tend to interfere with any biological
sewage treatment process or to constitute a hazard to human beings
or animals or to inhibit aquatic life or to create a hazard to recreation
in the receiving waters of the effluent from a sewage treatment plant.
A channel in which a flow of water occurs, either continuously
or intermittently.
The purposes of this Article are specifically
stated as follows:
A.Â
To prohibit excessive volumes or inordinate rates
of flow of sewage and wastes into the City or county sewerage system.
B.Â
To prohibit the contribution of sewage, industrial
wastes or other wastes of a flammable nature or which create, in any
way, a poisonous or hazardous environment for sewerage maintenance
and operation personnel.
C.Â
To prohibit the contribution of sewage, industrial
wastes or other wastes which may cause maintenance difficulties in
the lateral and trunk sewers, force mains, pumping stations, sewage
regulators and other structures and appurtenances of the City or county
sewerage system.
D.Â
To prohibit the contribution of sewage, industrial
wastes or other wastes which may create operating difficulties at
the water pollution control plants as they may be constructed, modified
or improved in the future.
E.Â
To prohibit or to regulate the contribution of sewage,
industrial wastes or other wastes which require for treatment at the
plants greater expenditures than are required for equal volumes of
normal sewage.
F.Â
To require the treatment, before introduction into
the City sewers, such wastes as may otherwise impair the strength
or durability of the structures appurtenant to the sewer system by
direct or indirect chemical action or interfere with the normal treatment
processes.
G.Â
To provide cooperation with the county sewer district,
the County Department of Health and any other agencies which have
requirements or jurisdiction for the protection of the physical, chemical
and bacteriological quality of watercourses within or bounding the
county.
H.Â
To protect the public health and to prevent nuisances.
A.Â
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 City or in any area under the jurisdiction of
the City any human or animal excrement, garbage, or other objectionable
waste.
B.Â
It shall be unlawful to discharge to any natural outlet
within the City or in any area under the jurisdiction of the city,
any sewage or other polluted waters, except where suitable treatment
has been provided in accordance with subsequent provisions of this
Article.
C.Â
Except as otherwise provided in this Article, 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 sewage.
The owner of all houses, buildings or properties
used for human occupancy, employment, recreation or other purposes,
situated within the City and abutting on any street, alley, or right-of-way
in which there is now located or may in the future be located a public
sanitary or combined sewer of the city, is hereby required at his
expense to install suitable toilet facilities therein, and to connect
such facilities directly with the proper public sewer in accordance
with the provisions of this Article, within 90 days after date of
official notice to do so, provided that said public sewer is within
100 feet of the property line.
A.Â
Where a public sanitary sewer is not available under
the provisions of this Article, the building sewer shall be connected
to a private sewage disposal system complying with the provisions
established by the county department of health.
B.Â
Before commencement of construction of a private disposal
system, the owner shall first obtain a written permit from the county
health department. The permit shall be made on a form furnished by
the county health department and shall be supplemented by any plans,
specifications and other information as are deemed necessary by the
county health department.
C.Â
A permit for a private sewage disposal system shall
not become effective until the installation is completed to the satisfaction
of the county health department. The applicant shall notify the 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 county health
department.
D.Â
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. No septic tank or cesspool shall
be permitted to discharge to any natural outlet.
E.Â
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 city. Leaks in the private sewage
disposal system must be repaired by the owner upon notice from the
department that such leak occurs. If the owner does not repair said
leak after due notice, the repairs will be made by the department
at the owner's expense, and the cost of which repairs shall become
a lien against the property and be added to, and appear on.the next
City tax bill for said property.
[Amended 2-4-1993 by Ord. No. 1583]
F.Â
At such times as a public sewer becomes available
to a property served by a private sewage disposal system, as provided
in this Article, a direct connection shall be made to the public sewer
in compliance with this ordinance and any septic tanks, cesspools,
and similar private sewage disposal facilities shall be cleaned of
sludge and liquid, abandoned and filled with suitable material.
G.Â
No statement contained in this section shall be construed
to interfere with any additional requirements that may be imposed
by the authorized representative of the County Health Department or
the State Department of Environmental Conservation.
A.Â
No person shall uncover, make any connection with
or opening into, use, alter or disturb any public sewer or appurtenance
thereof without first obtaining a written permit therefor from the
Superintendent.
B.Â
There shall be three classes of building sewer permits:
for residential; for commercial service; and for service to establishments
producing industrial wastes. In any case, the owner or his agent shall
make application on a special form furnished by the Superintendent.
The permit application shall be supplemented by any plans, specifications
or other information considered pertinent in the judgment of the Superintendent.
A permit and inspection fee of $15 for a residential and $20 for a
commercial building sewer permit shall be paid to the City at the
time an application is filed.
C.Â
A separate and independent building sewer shall be
provided for each building, except where one building stands at the
rear of another on an interior lot and no sewer is available or can
be constructed to the rear building through an adjoining alley, courtyard
or driveway, the building sewer from the front building may be extended
to the rear building and the whole considered as one building sewer.
In such cases, approval shall be obtained from the Superintendent
prior to installation of the building sewer.
D.Â
Old building sewers may be used in connection with
new buildings only when they are found, on examination and test by
the Superintendent, to meet all requirements of this Article.
E.Â
The building sewer shall be cast-iron pipe, ASTM Specification
A74 or equal; or clay pipe, ASTM Specification C278, or equal; asbestos-cement
house connection pipe; or other suitable material approved by the
Superintendent. Joints shall be tight and waterproof. Any part of
the building sewer that is located within 10 feet of a water service
pipe shall be constructed of cast-iron soil pipe with leaded joints.
Cast-iron pipe with leaded joints may be required by the Superintendent
where the building sewer is exposed to damage by tree roots. If installed
in filled or unstable ground, the building sewer shall be of cast-iron
soil pipe, except that nonmetallic material may be accepted if laid
on a suitable concrete bed or cradle as approved by the Superintendent.
Building sewer pipe shall have a maximum length of five feet between
joints.
F.Â
The size and slope of the building sewer shall be
subject to the approval of the Superintendent, but in no event shall
the diameter be less than four inches. The slope of a four-inch pipe
shall be not less than one-fourth (1/4) inch per foot. The slope of
a five-inch and six-inch pipe shall be not less than three-sixteenths
(3/16) or one-eighth (1/8) inch per foot, respectively.
G.Â
Whenever possible, the building sewer shall be brought
to the building at an elevation below the basement floor. Any openings,
such as clean out hand holes in traps, in-house drains, cellar drains
and similar drains, shall be not lower that the level of the finished
basement floor. No building sewer shall be laid parallel to and within
three feet of any bearing wall which might thereby be weakened. The
depth shall be sufficient to afford protection from frost. 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.
H.Â
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 mechanical means and discharged
to the building sewer.
I.Â
All excavations required for the installation of a
building sewer shall be open trenchwork unless otherwise approved
by the Superintendent. Pipelaying and backfill shall be performed
in general accordance with ASTM Specifications C12 and C13 and the
Manual of Practice No. 9, Design and Construction of Sanitary and
Storm Sewers (ASCE), and in full accordance with the Building Code
of the city, except that no backfill shall be placed until the work
has been inspected.
J.Â
Joints.
(1)Â
All joints and connections shall be made gastight
and watertight.
(2)Â
Poured joints for cast-iron pipe shall be firmly packed
with oakum or hemp and filled with molten lead not less than one inch
deep. Lead shall run in one pouring and be caulked tight. The entire
joint shall conform to AWWA Specifications C600, Section 9a. No paint,
varnish or other coatings shall be permitted on the jointing material
until after the joint has been tested and approved. The transition
joint between cast-iron pipe or other approved pipe material shall
be made with either lead or approved hot-poured jointing material.
Such material for hot-pouring joints shall not soften sufficiently
to destroy the effectiveness of the joint when subjected to a temperature
of 160° F., nor be soluble in any of the wastes carried by the
drainage system. The joint shall first be caulked tight with jute,
hemp or similar approved material.
(3)Â
Premolded gasket joints for plain end cast-iron pipe
may be used if approved by the Superintendent, and shall be a neoprene
compression-type gasket which provides a positive double seal in the
assembled joint. The gasket shall be a premolded, one-piece unit,
designed for jointing the plain end cast-iron hub and spigot solid
pipe and fittings. The assembled joint shall be sealed by compression
of the gasket between the exterior surface of the spigot and the interior
spigot of the hub. The joint shall be assembled following the manufacturer's
recommendations using acceptable lubricant and special pipe-coupling
tools for that purpose. The plain spigot end shall be forced into
the hub end of the pipe for the full depth of the hub itself. Lubricant
shall be a bland, flax-base, nontoxic material and shall not chemically
attack the gasket material. Typical manufacturer of this type gasket
is the Tyler Pipe and Foundry Company, Tyler, Texas, or the Buffalo
Pipe and Foundry Corporation, Buffalo, New York.
(4)Â
Joints in clay pipe and asbestos cement pipe shall
follow the manufacturer's recommendations and be approved by the Superintendent.
K.Â
The connection of the building sewer into an existing
public sewer shall be made at the property line. If a building sewer
connection has not previously been provided, the building sewer will
be constructed from the existing public sewer to the property line
of the owner, after obtaining the necessary permit. The cost of constructing
the building sewer from the public sewer to the property line will
be at the owner's expense. All subsequent costs and expense incidental
to the installation, connection and maintenance of the building sewer
shall be borne by the owner. The owner shall indemnify the City from
any loss or damage that may directly or indirectly be occasioned by
the installation and maintenance of the building sewer. The method
of connection of the building sewer will be dependent upon the type
of sewer material used and in all cases shall be approved by the Superintendent.
L.Â
Inspections.
(1)Â
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.
(2)Â
When trenches are opened for the laying of building sewer pipes, the trenches shall be inspected by the Superintendent before the trenches are filled; and the contractor performing such work shall notify the Superintendent when the laying of building sewer is completed. The filling of a trench before inspection is made or approval given will subject the contractor to whom a permit is issued to a penalty as set forth in Chapter 1, General Provisions, Article III, General Penalty, and the trench shall be reopened for inspection by and at the expense of the contractor.[1]
(3)Â
In case of a violation of any of the rules and regulations
of the City by a contractor or other persons in this employ, the contractor
may be suspended or his recognition may be removed by the Superintendent.
M.Â
All excavations for building sewer installation shall
he adequately protected with barricades and lights so as to protect
the public from hazard. An indemnity bond will be required to be posted
before a permit will be granted to excavate in or under the streets,
highways or public places. Streets, sidewalks, parkways and other
public property disturbed in the course of the work shall be restored
in a manner satisfactory to the City or other authority having jurisdiction.
N.Â
In the case of the demolition of a building within
the City which has a building sewer, the owner is responsible for
properly capping the building sewer at the property line to prevent
entry of dirt, debris or any foreign substances into the public sewer.
This shall be accomplished under the supervision of the Superintendent.
A.Â
No person shall discharge or cause to be discharged
any surface, storm- or groundwater, roof runoff, subsurface drainage,
uncontaminated cooling water or unpolluted industrial process waters
to any sanitary sewer. Existing facilities presently connected to
the combined sewers may remain until combined sewers become separated,
at which time they shall be disconnected.
B.Â
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 Superintendent. Industrial
cooling water or unpolluted process waters may be discharged, on approval
of the Superintendent, to a storm sewer or natural outlet.
C.Â
No person shall discharge or cause to be discharged
any of the following described waters or wastes to any public sewers:
(1)Â
Any gasoline, benzene, naphtha, fuel oil or other
flammable or explosive liquid, solid, or gas.
(2)Â
Any waters or wastes having a pH lower than five point
five (5.5) or higher than nine point five (9.5), or having any other
corrosive property capable of causing damage or hazard to structures,
equipment and personnel of the sewage works.
(3)Â
Solid or viscous substances in quantities or of such
size capable of causing obstruction to the flow in sewers or other
interference with the proper operation of the sewage works, 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; paper dishes;
cups; milk containers; and similar items, either whole or ground by
garbage grinders.
(4)Â
Any waters or wastes containing toxic or poisonous
solids, liquids or gases in sufficient quantity, either singly or
by interaction with other wastes, to injure or interfere with any
sewage treatment process or to constitute a hazard to humans or animals
or to create a public nuisance or to create any hazards in the receiving
waters of a sewage treatment plant effluent.
D.Â
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 Superintendent or Director,
that such wastes can harm either the sewers, sewage treatment process
or equipment, have an adverse effect on the receiving stream or can
otherwise endanger life, limb and public property or constitute a
nuisance. In forming his opinion as to the acceptability of these
wastes, the Superintendent or Director will give consideration to
such factors as the quantities of subject wastes in relation to flows
and velocities in the sewers, materials of construction of the sewers,
nature of the sewage treatment process, capacity of the sewage treatment
plant, degree of treatability of wastes in the sewage treatment plant
and other pertinent factors. The substances prohibited in the first
instance but subject to review by the Superintendent or Director are:
(1)Â
Any liquid or vapor having a temperature higher than
150° F. or 60° C.
(2)Â
Any water or waste containing fats, wax, grease, or
oils, whether emulsified or not, in excess of 100 milligrams per liter
or containing substances which may solidify or become viscous at temperatures
between 32° F. and 150° F.
(3)Â
Any garbage that has not been properly shredded. The
installation and operation of garbage grinders equipped with a motor
of three-fourths (3/4) horsepower [seventy-six hundredths (0.76) horsepower
metric] or greater shall be subject to the review and approval of
the Superintendent or Director. Not more than 30% of ground garbage
on the dry basis shall pass a No. 40 United States standard sieve.
(4)Â
Any waters or wastes containing strong-acid-metal-pickling
wastes or concentrated plating solutions, whether neutralized or not.
(6)Â
Any waters or wastes containing phenols or other taste-or-odor-producing
substances in such concentration-exceeding limits which may be established
by the Superintendent or Director, as necessary, after treatment of
the composite sewage to meet the requirements of the state, federal
or other public agencies or jurisdiction for such discharge to the
receiving waters.
(7)Â
Any radioactive wastes or isotopes of such half-life
or concentration as may exceed limits established by the Superintendent
or Director, in compliance with applicable state or federal regulations.
(8)Â
Materials which exert or cause:
(a)Â
Unusual concentration of inert suspended solids,
such as, but not limited to, Fuller's earth, lime slurries and lime
residue or of dissolved solids, such as, but not limited to, sodium
chloride and sodium sulfate.
(b)Â
Excessive discoloration at the treatment plant
or in the receiving waters, such as, but not limited to, dye wastes
and vegetable tanning solutions.
(c)Â
Unusual BOD, COD (chemical oxygen demand) or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works, except as provided for under Subsection H.
(d)Â
Unusual volume of flow or concentration of wastes
constituting slugs.
(9)Â
Waters or wastes containing substances which are not
amenable to treatment or reduction by the sewage treatment processes
employed or are amenable to treatment only to such degree that the
sewage treatment plant effluent cannot meet the requirements of regulatory
agencies having jurisdiction over discharge to the receiving waters.
E.Â
If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Subsection D and which, in the judgment of the Superintendent or Director, may have deleterious effect upon the sewage works, processes, equipment or receiving waters or which otherwise create a hazard to life or constitute a public nuisance, the Superintendent or Director may:
(1)Â
Reject the wastes.
(2)Â
Require pretreatment to an acceptable condition for
discharge to the public sewers.
(3)Â
Require control over the quantities and rates of discharge.
(4)Â
Require payment to cover the added cost of handling
and treating the wastes not covered by existing taxes or sewer charges.
F.Â
The following is a partial list of toxic substances and pathogenic bacteria, the discharge of which into the public sewerage system is hereby prohibited, unless their concentra-tion is reduced by treatment at the source to a point that will meet the general purposes of these rules and regulations or come within the applicable standards set forth herein under Subsection G or will not adversely affect any of the biochemical, chemical or other sewage treatment processes:
(1)Â
Antibiotics.
(2)Â
Arsenic and arsenicals.
(3)Â
Bromine, iodine and chlorine.
(4)Â
Copper and copper salts.
(5)Â
Cresols or creosotes.
(6)Â
Fluorides.
(7)Â
Formaldehyde.
(8)Â
Mercury and mercurials.
(9)Â
Phenolic compounds.
(10)Â
Silver and silver compounds.
(11)Â
Sulfonamides or toxic dyes or organic mineral.
(12)Â
Zinc compounds.
(13)Â
All strong oxidizing agents, such as chromates,
dichromates, permanganates, periodies, etc.
(14)Â
Chemical compounds producing toxic, flammable
or explosive gases, either upon acidification, alkalization, oxidation
or reduction.
(15)Â
Strong reducing agents, such as nitrites, sulfides,
sulfites, thiosulfates, etc.
(16)Â
Wastes from industrial processes or hospital
procedures containing viable pathogenic organisms.
G.Â
Concentration.
(1)Â
The concentration in sewage of any of the following
toxic substances shall not exceed these concentrations judged by the
Superintendent or Director to be toxic to biological sewage treatment
processes or to the biota of the receiving waters and shall not in
any case exceed the following limits when such sewage is discharged
to a public sewer. These limits may be revised by the Superintendent
or Director whenever operating experience indicates that this is desirable:
Toxic Substances
|
Permissible Concentration
(milligrams per liter)
| |
---|---|---|
Cadmium
|
5.0
| |
Chromium hexavalent
|
5.0
| |
Copper
|
3.0
| |
Cyanate
|
10.0
| |
Cyanide
|
1.0
| |
Mercuric chloride
|
2.0
| |
Nickel
|
10.0
| |
Silver
|
0.05
| |
Zinc
|
5.0
| |
Zirconium
|
10.0
| |
Bromine, iodine and chlorine
|
100.00
|
(2)Â
When the volume of a single toxic industrial waste
discharge or the combined toxic industrial waste discharge of a group
of industries within a single contributory area is so large that an
excessive volume of toxic waste will enter a treatment plant, the
Superintendent or Director may impose lower concentration limits upon
the contributors. Conversely, where a toxic industrial waste discharge
will be effectively removed by the treatment works or will be rendered
innocuous before reaching a treatment plant or the receiving waters,
the Superintendent or Director may permit toxic industrial waste discharge
concentrations greater than those listed in this subsection, provided
that the higher concentration does not constitute a toxicity hazardous
to maintenance workers and does not cause any deleterious effects
of any kind to the treatment process or receiving waters.
H.Â
Pretreatment.
(1)Â
Whenever any industrial waste is produced in such
quantities as will, in the opinion of the Superintendent or Director,
injure the public sewers into which they may be discharged or adversely
affect the treatment of sewage or which does not yield readily to
treatment by the processes employed in the sewage treatment works,
such discharge will not be permitted into the public sewers without
previous consideration as prescribed under this section.
(2)Â
The following are some of the industries from which
wastes may require pretreatment or approval before discharged into
public sewers: tanning; metal pickling; metal plating; galvanizing;
pulp and paper making; brewing; distilling; public laundering; laundromats;
soap making; glue manufacturing; meat packing; food processing; wool
scouring; bleaching and dyeing; munitions manufacturing; oil refining;
wool washing; rubber production; salt works; slaughterhouses; dairies;
dairy products; sugar refining; fat rendering; manufacture of syrups,
jam or jelly; cotton textile manufacture or processing; or any industry
producing wastes with strong acid or alkaline reactions or which will
form deposits in or cause damage to the sewers or to appurtenances
of sewage treatment works.
(3)Â
If the Superintendent or Director permits the pretreatment
or equalization of waste flow, the design and installation of the
plants and equipment shall be subject to the review and approval of
the Superintendent or Director and subject to the requirements of
all applicable codes, ordinances and laws.
A.Â
It shall be unlawful for any person to discharge,
directly or indirectly, into public sewers or into any private sewer
or any combined sewer discharging into a public sewer sewage combined
with industrial wastes or other wastes, industrial wastes or other
wastes the characteristics of which, at the point of discharge, exceed
the concentration limits prescribed for normal sewage under this Article
or that fall within the categories prohibited under this Article,
herein, except under the issuance of a permit therefor by the Director
and upon such terms and conditions as may be established by the Director
in the issuance of the permit.
B.Â
All applicants for a permit required by Subsection A to discharge sewage combined with industrial wastes or other wastes into public sewers shall fill out and file with the Director an industrial sewer connection application as a prerequisite for the consideration of such a permit. The following is a partial list of information to be furnished by the applicant:
(1)Â
A plat of the property showing accurately all sewers,
drains and house connections.
(2)Â
Plans and specifications covering any work proposed
to be performed under the permit.
(3)Â
A complete schedule of all process waters and industrial
wastes produced or expected to be produced at said property or premises,
including a description of the character of each waste, the daily
volume and maximum rates of discharge and representative analyses.
(4)Â
The name and address of the person who will be responsible
for the performance of the work to be covered by the permit and the
name and address of the person who will be responsible for operating
the facilities in accordance with the permit.
C.Â
The terms and conditions as may be required and imposed
by the Director in the issuance of the permit are as follows:
(1)Â
A limitation upon the volume of sewage and the rate
of flow permitted from the premises.
(2)Â
The installation and maintenance by the permittee,
at his own expense, of facilities or equipment for intermittent or
continuous measurement of sewage, industrial wastes or other wastes
discharged from the premises into a public sewer.
(3)Â
The installation and maintenance by the permittee,
at his own expense, of detention tanks or other facilities or equipment
for reducing the maximum rates of discharge of sewage to such a percentage
of the twenty-four-hour rate as may be required by the Director.
(4)Â
The installation and maintenance by the permittee,
at his own expense, of such preliminary treatment facilities as may
be required by the Director.
(5)Â
The installation and maintenance by the permittee,
at his own expense, of a suitable control or sampling manhole or manholes
in any sewer discharging to a public sewer for which a permit is issued.
(6)Â
The installation of any maintenance by the permittee,
at his own expense, of grease, oil and sand interceptors, separators
or traps that are necessary for the proper handling of liquid wastes
containing such substances in excessive quantities or any flammable
waste or other harmful ingredients.
(7)Â
The submission to and approval by the Director of
the plans for any of the facilities or equipment required to be installed
and maintained by the permittee.
(8)Â
Such other terms and conditions as may be necessary
to protect the sewer system and carry out the intent and provisions
of this Article.
(9)Â
Such terms and conditions may also provide that, subsequent
to the commencement of operation of any preliminary treatment facilities,
periodic reports shall be made by the permittee to the Director setting
forth adequate data upon which the acceptability of the sewage, industrial
wastes or other wastes, after treatment, may be detrimental.
(10)Â
Where preliminary treatment or flow-equalizing
facilities are provided for any water or wastes, they shall be maintained
continuously in satisfactory and effective operation by the permittee,
at his expense.
(11)Â
A violation by the permittee of the permit shall
be a cause for revocation or suspension of the permit.
D.Â
Whenever sewage, industrial wastes or other wastes
having characteristics other than prescribed for normal sewage or
falling within the categories of waste prohibited from public sewers
pursuant to these rules and regulations is discharged into public
sewers from any premises, the Superintendent or Director shall have
the right to take samples and tests as may be necessary to determine
the nature and concentration of such wastes and shall have the right
to reassess his determination by taking samples and tests at any time
or by periodic rechecks, without notice to the person discharging
such wastes, subject to the following:
(1)Â
Samples shall be taken and flow measurements made
normally at the control manhole or manholes.
(2)Â
In the event that the requirement for a control manhole
or manholes has been specifically waived, the samples shall be taken
at a point or points to be selected by the Superintendent or Director.
E.Â
When required by the Superintendent or Director, the
owner of any property serviced by a building sewer carrying industrial
wastes shall install a suitable control manhole, together with such
meters and other appurtenances in the building sewer as are necessary
to facilitate observation, sampling and measurement of the wastes.
The manhole, when required, shall be accessibly and safely located
and shall be constructed in accordance with plans approved by the
Superintendent or Director. 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.
F.Â
All measurements, tests and analyses of the characteristics
of waters and wastes to which reference is made in these rules and
regulations shall be determined in accordance with the latest edition
of Standard Methods for the Examination of Water and Waste Water,
published by the American Public Health Association, and shall be
determined at the control manhole 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
suitable one downstream 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 sewage works and to determine the existence of hazards to
life, limb and property.
A.Â
In order to ensure and to provide for the proper and
equitable use of the City and county sewerage systems, the Superintendent
may impose a sewage surcharge.
B.Â
In addition to normal charges imposed or levied for
the construction, maintenance, operation, repair, improvement and
management of the City and county sewerage system, any person may
be required to pay a sewage surcharge if the characteristics of the
waste it discharges to the City sewerage system exceed the maximum
values of such characteristics for normal sewage or wastes.
A.Â
The Superintendent or the Director or their representatives
may enter upon private lands for the purpose of inspection, observation,
measurement, sampling and testing, in accordance with the provisions
of this Article.
B.Â
While performing the necessary work on private lands referred to in Subsection A, the Superintendent or the Director, or their duly authorized representatives shall observe all safety rules established by the owner or occupant of the premises.
C.Â
The refusal to permit the entry upon private lands required to perform the necessary work referred to in Subsection A shall be punishable by such penalties as may be prescribed under this Article.
D.Â
Where a person has security measures in force on his
premises which require proper identification and clearance before
entry into the premises, the person shall either make the necessary
arrangements with their security guards to allow City or county sewer
district employees immediate access to the locations necessary for
the purpose of inspection, observation, measurement, sampling and
testing or the person shall install, outside the premises or security
limits, suitable contract manholes, approved by the Superintendent
or Director, which will at all times be accessible to City or county
sewer district employees.
Any person who maliciously, willfully or negligently
breaks, damages, destroys, uncovers, defaces or tampers with any structure,
appurtenance or equipment which is a part of the public sewerage system
shall be subject to immediate arrears.
In the event of any conflict between participating
municipalities of the county sewer district and the City and the Commission
concerning the interpretation of any part of this Article, the determination
of the Commission shall be final and conclusive, unless reversed by
order of a court.
A.Â
Any person found to be violating any provision of this Article, except § 230-15, shall be served by the City 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.
B.Â
Any person violating any provision in this Article shall be deemed guilty of a violation as defined by § 10.00, Subdivision 3, of the Penal Law of the State of New York and, upon conviction thereof, shall be subject to a penalty as set forth in Chapter 1, General Provisions, Article III, General Penalty.[1]
C.Â
Any person violating any of the provisions of this
Article shall become liable to the City for any expense, loss, or
damage occasioned the City by reason of such violation.