[HISTORY: Adopted by the Board of Trustees of the Village of Kinderhook 6-11-2014 by L.L. No. 2-2014; amended in its entirety 8-9-2017 by L.L. No. 2-2017. Subsequent amendments noted where applicable.]
ATTACHMENTS
Attachment 1 - B-1 Sewer District Map
A. 
Preface. This chapter includes reference to the Village of Valatie, as the Village of Kinderhook wastewater collection system waste for the B-1 Sewer District is received and processed by the Village of Valatie wastewater treatment plant.
B. 
Unless the context specifically indicates otherwise, the meanings of terms used in this chapter shall be as follows:
(1) 
Word usage. "Shall" is mandatory; "may" is permissive.
(2) 
Words defined.
ACT
The Federal Water Pollution Control Act, also known as the "Clean Water Act,"[1] as amended.
B-1 SEWER DISTRICT
The perimeter of the 35 parcel area of the Village of Kinderhook wastewater collection system approved by the New York State Department of Environmental Conservation on April 5, 2013, See B-1 Sewer District Map.[2]
BOD (denoting BIOCHEMICAL OXYGEN DEMAND)
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20° C., expressed in milligrams per liter.
BUILDING DRAIN
That part of the lowest horizontal piping of a drainage system which receives the discharge from waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (1.5 meters) outside the inner face of the building wall.
BUILDING SEWER
The extension from the building drain to the public sewer or other place of disposal, also called a "house connection" or "lateral."[3]
CONTAMINATION
An impairment to or of the quality of the waters of the state by waste to a degree which creates a hazard to the public health through poisoning or through the spread of disease.
DOMESTIC OR SANITARY SEWAGE
The wastewater produced by the use of domestic water.
DOMESTIC WATER
Water which is provided to the building for use within the building for drinking, bathing, toilet facilities or other human consumption.
ENGINEER
The professional engineer retained by the municipality.
GARBAGE
Solid wastes from the domestic and commercial preparation, cooking and dispensing of food and from the handling, storage and sale of produce.
INDUSTRIAL WASTES
The liquid wastes from industrial manufacturing processes, trade or business, as distinct from domestic or sanitary sewage.
MUNICIPALITY
The Village of Kinderhook, Columbia County, New York.
NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT
A permit issued pursuant to Section 402 of the Act (33 U.S.C. § 1342).
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater.
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION (NYSDEC)
The New York State Department of Environmental Conservation or a duly authorized official of said Department.
PERSON
Any individual, firm, company, association, society, corporation or group.
pH
The logarithm (base 10) of the reciprocal of the weight of the hydrogen ions in gram moles per liter of solution.
POLLUTION
The human-made or human-induced alteration of the chemical, physical, biological and radiological integrity of water.
PRETREATMENT
The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be achieved by physical, chemical or biological process, process change or by other means, except as prohibited by 40 CFR 403.6(d).
PROPERLY SHREDDED GARBAGE
The wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch (1.27 centimeters) in any dimension.
PROPERTY LINE
(a) 
The curbline if the building sewer is to connect with the public sewer located in a public street.
(b) 
The edge of a sewer right-of-way at such times where the building sewer connects to the public sewer located in a right-of-way.
(c) 
The edge of the street right-of-way at such times where the building sewer connects to a public sewer located off the paved portion of the street.
PUBLIC SEWER
A sewer pipe or conveyance in which all owners of abutting properties have equal rights and which is controlled by public authority. Also referred to as a "sewer main."
PUBLICLY OWNED TREATMENT WORKS (POTW)
A treatment works as defined by Section 212 of the Act (33 U.S.C. § 1292), which is owned in this instance by the Village. This definition includes any sewers and appurtenances that transport wastewater to the POTW treatment plant, but does not include pipes, sewers, or other conveyances not connected directly or indirectly to a facility providing treatment.
SANITARY SEWER
A sewer which carries sewage and to which stormwater, surface water, groundwater and other water are not intentionally admitted.
SEWAGE WORKS
All facilities for collecting, pumping, treating and disposing of sewage.
SEWAGE, SANITARY
Liquid wastes from the sanitary conveniences of dwellings (including apartment houses and hotels), office buildings, factories, or institutions, and free from stormwater, surface water, industrial and other wastes.
SEWAGE TREATMENT PLANT
See "publicly owned treatment works (POTW)."
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
SEWAGE, UNUSUAL STRENGTH OR CHARACTER
Sewage which has characteristics greater than those of normal sewage and/or which contains substances of concern.[4]
SEWER
A pipe or conduit used for carrying sewage.
SEWER, COMBINED
A sewer designed to receive and transport both surface runoff and sewage.
SEWER, PUBLIC
See "public sewer."[5]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
SEWERAGE SURCHARGE
The demand payment for the use of a public sewer and/or sewage treatment plant for the handling of any sewage, industrial wastes, or other wastes accepted for admission thereto in which the characteristics thereof exceed the maximum values of such characteristics in normal sewage.
SEWERAGE SYSTEM
See "publicly owned treatment works (POTW)."
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
SLUG
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 and which shall adversely affect the collection system and/or performance of the wastewater treatment works.[6]
STORM SEWER or STORM DRAIN
A sewer which carries stormwaters and surface waters and drainage, but excludes sewage and industrial wastewaters, other than cooling waters and other unpolluted waters.
SUPERINTENDENT
The Superintendent of the municipal sewer system, or the Superintendent's authorized deputy, agent or representative, as appointed or contracted by the Village of Kinderhook.
SUSPENDED SOLIDS
Solids that either float on the surface of or are in suspension in water, sewage or other liquids and which are removable by laboratory filtering.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (USEPA)
The United States Environmental Protection Agency or, where appropriate, the Administrator or other duly authorized official of said Agency.[7]
WATERCOURSE
A channel in which a flow of water occurs, either continuously or intermittently.
[1]
Editor's Note: See 33 U.S.C. § 1251 et seq.
[2]
Editor's Note: Said map is included as an attachment to this chapter.
[3]
Editor's Note: The former definition of "combined sewer," of the 2003 Code, which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I); see now "sewer, combined."
[4]
Editor's Note: The former definition of "sewer," of the 2003 Code, which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[5]
Editor's Note: The former definition of "sewer, sanitary," of the 2003 Code, which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I); see now "sanitary sewer."
[6]
Editor's Note: The former definition of "storm drain (sometimes termed storm sewer)," of the 2003 Code, which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[7]
Editor's Note: The former definition of "water pollution control plant," of the 2003 Code, which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I); see now "publicly owned treatment works (POTW)."
A. 
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 municipality, or in any area under the jurisdiction of said municipality, any human or animal excrement, garbage or other objectionable waste.
B. 
It shall be unlawful to discharge to any natural outlet within the municipality, or in any area under the jurisdiction of the municipality, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this article.
C. 
Except as hereinafter provided, it shall be unlawful within the B-1 Sewer District to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage.
D. 
The owner of any house, building or property used for human occupancy, employment, recreation or other purposes, situated within the B-1 Sewer District, shall be connected by the Village of Kinderhook to the Village of Kinderhook public sewer. Said owner shall be required to keep said pipes and connections to the public sewer in proper operating condition and to make necessary repairs to said pipeline within 48 hours after official notice of any defect, leak, stoppage or other malfunction.
E. 
Those parcels in the B-1 Sewer District that do not hook up with the initial sewer system installation will be responsible to hook up to the system at their own expense and to pump, crush or fill the existing septic system tank at the time of hookup. Parcel(s) will be billed for the unit fee charged by the Village of Valatie and will be billed quarterly for this fee as well as a sewer fee for the Village of Kinderhook system. When a parcel hooks up to the Kinderhook system after initial installation of the system, the parcel will also pay an inspection and hookup fee to the Village of Valatie, or such fee as determined by Valatie as well as the hookup fee as determined by the Village of Kinderhook.
A. 
Where a public sanitary sewer is not available, the building sewer shall be connected to a private sewage disposal system complying with the requirements of the State of New York Department of Health and under the control and direction of the Columbia County Department of Health.
B. 
When a public sewer becomes available, the building sewer shall be connected to said sewer within 60 days, and the private sewage disposal system shall be cleaned of sludge and filled with clean bank run gravel or dirt.
C. 
A permit for a private sewage disposal system shall not become effective until the installation is complete to the satisfaction of a licensed professional engineer. The engineer shall provide, to the Superintendent or other designated Village official, signed documentation with the engineer's professional seal attached as proof of said approval.
D. 
The type, capacities, location and layout of a private sewage disposal system shall comply with all recommendations of the New York State Department of Health and/or the Columbia County Department of Health. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities, where the area of the lot is less than adequate to support the proposed installation. No septic tank cesspool shall be permitted to discharge to any natural outlet.
E. 
The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times at no expense to the municipality.
F. 
No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the Columbia County Department of Health, New York State Department of Health, New York State Department of Environmental Conservation or Environmental Protection Agency.
A. 
No unauthorized 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 from the Superintendent.
B. 
Permits.
(1) 
There shall be two classes of building sewer permits:
(a) 
For residential and commercial service.
(b) 
For service to establishments producing industrial wastes.
(2) 
In either case the owner or owner's agent shall make application on a special form furnished by the municipality. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Superintendent. A permit inspection and hookup fee in an amount to be set by the Village Board for residential or commercial building sewer permit shall be paid to the municipality at the time the application is filed. The Village Board shall set such fee by resolution from time to time. The fee shall include the Village of Valatie permit inspections and hookup fee plus the Village of Kinderhook permit inspection and hookup fee. This provision shall not apply to the initial installation and connection to the properties in the B-1 Sewer District or others so identified in the initial installation of the Kinderhook system.
C. 
All costs and expense incident to the installation and connection to the building sewer shall be borne by the owner. The owner shall indemnify the municipality for any loss or damage that may be directly or indirectly occasioned by the connection of the building sewer. This provision shall not apply to the initial installation and connection to the properties in the B-1 Sewer District or others so identified in the initial installation of the Kinderhook system. Parcels in the B-1 Sewer District that did not elect to connect to the system at the time of installation will be responsible for any applicable hookup fee as assessed by the Village of Valatie and the Village of Kinderhook and all installation costs at later connection.
D. 
A separate and independent building sewer shall be provided for every building except that, 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, 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, but the municipality does not and will not assume any obligation or responsibility for damage caused by or resulting from any such single connection aforementioned.
E. 
Permits for new connections to the sewer shall be approved by the Village of Kinderhook and the Village of Valatie.
F. 
Old building sewers may be used in connection with new buildings only when they are examined and tested by a licensed professional engineer and found to meet all requirements of this article.
G. 
The size, slope, alignment and materials of construction of the building sewer and the methods to be used in excavating, placing of pipes, jointing, testing and backfilling the trench shall all conform to the requirements of the latest revision of the Building and Plumbing Codes or other applicable rules and regulations of the municipality. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the American Society for Testing Materials and Water Environment Federation Manual of Practice (most current edition) shall apply. In no event shall the diameter of such pipe be less than four inches, nor shall the slope of such four-inch pipe be less than 1/8 inch per foot.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
H. 
No connection of roof downspouts, exterior foundation drains, areaway drains, sump pits or sources of any nondomestic waters, including, but not limited to, surface runoff or groundwater shall be made to any building drain, building sewer or lateral which is in turn connected to the public sanitary sewer.
I. 
The connection of the building sewer into the public sewer shall conform to the requirements of the latest revision of the Building and Plumbing Codes or other applicable rules and regulations of the municipality or the procedures set forth in appropriate specifications of the American Society for Testing Materials and the Water Environment Federation Manual Practice No. 9. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the Superintendent before installation.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
J. 
The applicant for the building sewer permit shall arrange with the Superintendent an acceptable time and date for inspection of all work associated with the connection at least five business days in advance of said inspection, and prior to such time as any work is buried or covered.
K. 
All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the municipality.
L. 
All connections to the force main shall have a grinder pump, approved by the Superintendent, installed to treat all sewage from the building drain before it enters the force main. The grinder pump shall be continuously maintained in workable condition.
M. 
The owner of a property which is connected to the public sewer system is responsible for the installation, upkeep and maintenance of the building drains, building lateral, sewer lateral and any associated piping or appurtenances which connect the building to the sewer main.
A. 
No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters to any sanitary sewer.
B. 
Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designed as storm sewers. Industrial cooling water or unpolluted process waters will require NYSDEC review and approval and may result in the issuance of a SPDES permit.
C. 
No user shall contribute or cause to be contributed in any manner or fashion, directly or indirectly, any pollutant or wastewater which will interfere with the operation or performance of the POTW. These general prohibitions apply to all such users of a POTW, whether or not the user is subject to National Categorical Pretreatment Standards, or other national, state or local pretreatment standards or requirements.
D. 
Without limiting the generality of the foregoing, a user may not contribute the following substances to the POTW:
(1) 
Any solids, liquids or gases which, by reason of their nature or quantity, are or may be sufficient, either alone or by interaction with other substances, to cause a fire or an explosion or be injurious, in any way, to the POTW, or to the operation of the POTW. At no time shall both of two successive readings on a flame-type explosion hazard meter, at the point of discharge into the system (or at any other point in the system), be more than 25% nor any single reading be more than 40% of the lower explosive limit (LEL) of the meter. Unless explicitly allowable by a written permit, prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, carbides, hydrides, and sulfides, and any other substance which the Village, the state or the EPA has determined to be a fire hazard, or hazard to the POTW.
(2) 
Solid or viscous substances which may cause obstruction to the flow in a sewer or otherwise interfere with the operation of the wastewater treatment facilities. Unless explicitly allowable by a written permit, such substances include, but are not limited to, grease, garbage with particles greater than 1/2 inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshing, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, wastepaper, wood, plastics, gas, tar asphalt residues, residues from refining or processing fuel or lubricating oil, mud, or glass or stone grinding or polishing wastes.
(3) 
Any wastewater having a pH less than 5.0 or greater than 9.5, unless the POTW was specifically designed to manage such wastewater, or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment, and/or POTW personnel.
(4) 
Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants (including heat), to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the POTW, or to exceed the limitation set forth in a categorical pretreatment standard.
(5) 
A toxic pollutant shall include, but not be limited to, any pollutant identified pursuant to Section 307(a) of the Act.[1]
[1]
Editor's Note: See 33 U.S.C. § 1317.
(6) 
Any noxious or malodorous solids, liquids, or gases which either singly or by interaction with other wastes are sufficient to create a public nuisance or a hazard to life or are sufficient to prevent entry into the sewers for their maintenance or repair.
(7) 
Oils and grease: any commercial, institutional or industrial wastes containing fats, waxes, grease or oils which become visible solids when the wastes are cooled to 10° C (50° F.); any petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in excess of 100 mg/l or in amounts that will cause interference or pass-through.
(8) 
Any wastewater which will cause interference or pass-through.
(9) 
Any wastewater with objectionable color which is not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions.
(10) 
Any solid, liquid, vapor, or gas having a temperature higher than 65° C (150° F.); however, such materials shall not cause the POTW treatment plant influent temperature to be greater than 40° C (104° F.). The Superintendent reserves the right, in certain instances, to prohibit or limit the discharge of wastes whose maximum temperatures are lower than 65° C.
(11) 
Unusual flow rate or concentration of wastes, constituting slugs, except by industrial wastewater permit.
(12) 
Any wastewater containing any radioactive wastes, except as approved by the Superintendent, and in compliance with applicable state and federal regulations.
(13) 
Any wastewater which causes a hazard to human life or which creates a public nuisance, either by itself or in combination, in any way, with other wastes.
(14) 
Any wastewater with a closed cup flash point of less than 140° F. or 60° C using the test methods specified in 40 CFR 261.21.
(15) 
Any pollutants which result in the presence of toxic gases, vapors or fumes within the POTW in a quantity that may cause acute worker health and safety problems.
(16) 
Any waters or wastes containing strong acid iron pickling wastes or concentrated plating solutions, whether neutralized or not.
(17) 
Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances or wastes exerting an excessive chlorine requirement to such a degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the Superintendent or state and federal regulations for such materials.
(18) 
Materials which exert or cause unusual concentrations of inert suspended substances, such as but not limited to fuller's earth, slurries and lime residues, or of dissolved solids, such as but not limited to sodium chloride and sodium sulfate, unusual BOD, chemical oxygen demand, chlorine requirements or which constitute a significant load on the treatment works.
E. 
Discharge control:
(1) 
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 that, in the judgment of the Superintendent, may have a 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 may:
(a) 
Reject the wastes;
(b) 
Require pretreatment to an acceptable condition for discharge to the public sewers;
(c) 
Require control over the quantities and rates of discharge; and/or
(d) 
Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of Subsection G(8) of this section.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2) 
If the Superintendent permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Superintendent and subject to the requirements of all applicable codes, ordinances and laws.
F. 
Grease, oil and sand interceptors shall be provided for any property where it is determined by the Village to be necessary for the proper handling of wastewater containing excessive amounts of grease, flammable substances, sand or other harmful substances. All interceptors shall be of a type and capacity designated and approved by a licensed engineer retained by the property owner. Specification bearing the seal of the engineer shall be presented to the Superintendent and kept on file at the POTW. All such devices in service in the Village shall be professionally inspected and cleaned every six months at the expense of the property owner and a record of said service shall be forwarded to the Superintendent. Failure to properly maintain these units will render the property owner subject to enforcement pursuant to this chapter.
G. 
Industrial users:
(1) 
All significant industrial users, and other industrial users whose industrial waste discharge has caused or may cause interference or pass-through, shall install and maintain a suitable monitoring station, on their premises at their expense, to facilitate the observation, sampling, and measurement of their industrial wastewater discharge.
(2) 
If there is more than one street lateral serving an industrial user, the Superintendent may require the installation of a control maintenance hole on each lateral.
(3) 
The Superintendent may require that such monitoring station(s) include equipment for the continuous measurement and recording of wastewater flow rate and for the sampling of the wastewater. Such station(s) shall be accessibly and safely located, and the industrial user shall allow immediate access.
(4) 
Preliminary treatment, and flow equalization facilities, or monitoring stations, if provided for any wastewater, shall be constructed and maintained continuously clean, safe and continuously operational by the owner at the owner's expense.
(5) 
Where an industrial user has such treatment, equalization or monitoring facilities at the time this chapter is enacted, the Superintendent may approve or disapprove the adequacy of such facilities. Where the Superintendent disapproves of such facilities and construction of new or upgraded facilities for treatment, equalization, or monitoring are required, plans and specifications for such facilities shall be prepared by a licensed professional engineer and submitted to the Superintendent. Construction of new or upgraded facilities shall not commence until written approval of the Superintendent has been obtained. No unauthorized person shall negligently break, damage, destroy, uncover, deface, tamper with, prevent access or render inaccurate, or cause or permit the negligent breaking, damaging, destroying, uncovering, defacing, tampering with, preventing access, or rendering inaccurate to:
(a) 
Any structure, appurtenance, or equipment which is a part of the Village POTW; or
(b) 
Any measuring, sampling, and/or testing device or mechanism installed pursuant to any requirement under this article except as approved by the Superintendent.
(6) 
Sampling shall be performed so that a representative portion of the wastewater is obtained for analysis.
(7) 
All measurements, tests, and analyses of the characteristics of waters and wastes required in any section of this chapter shall be carried out in accordance with standard methods by a laboratory certified by NYSDOH to perform the analyses. Such samples shall be taken at the approved monitoring stations, if such stations exist. If an approved monitoring station is not required, then samples shall be taken from another location on the industrial sewer lateral before discharge to the public sewer. Unless specifically requested otherwise, or unless specifically not allowed in federal regulation, samples shall be gathered as flow proportioned (where feasible) composite samples made up of individual samples taken not less than once per hour for the period of time equal to the duration of industrial wastewater discharge during daily operations (including any cleanup shift).
(8) 
Special agreements and arrangements between the municipality and any persons or agencies may be established when, in the opinion of the municipality, unusual or extraordinary circumstances compel special terms and conditions.
(9) 
Major contributing industries which are industrial users of a publicly owned treatment works that has a flow of 50,000 gallons or more per average workday; has a flow greater than 5% of the flow carried by the municipal system receiving the waste; has in its waste a toxic pollutant in toxic amounts as defined in standards issued under Section 307(a) of the Federal Water Pollution Control Act[2]; has been identified as one of the EPA-listed industrial categories; or is found by the permit issuance authority in connection with the issuance of an SPDES permit to the publicly owned treatment works receiving the waste to have significant impact, either singly or in combination with other contributing industries, on that treatment works or upon the quality of effluent from that treatment works, must comply with federal pretreatment standards and any other applicable requirements promulgated by the EPA in accordance with Section 307 of the Federal Water Pollution Control Act Amendments (FWPCAA) of 1972[3] and any more stringent pretreatment standards necessitated by local conditions. As a means of determining compliance with this article, with applicable SPDES permit conditions, and with applicable state and federal law, each industrial user shall be required to notify the Superintendent of any new or existing discharges to the POTW by submitting a completed Industrial Chemical Survey (ICS) form and a completed Industrial Wastewater Survey (IWS) form to the Superintendent. The Superintendent may require any user discharging wastewater into the POTW to file wastewater discharge reports and to supplement such reports as the Superintendent deems necessary. All information shall be furnished to the user in complete cooperation with the Superintendent.
[2]
Editor's Note: See 33 U.S.C. § 1317(a).
[3]
Editor's Note: See 33 U.S.C. § 1317.
(10) 
Industrial users must obtain written authorization from the Superintendent for the disposal of their wastes into the system with periodic renewal of this authorization as directed by the Superintendent.
(a) 
The maximum period for such authorization shall be two years, subject to written renewals, with each renewal having a maximum period of two years.
(b) 
Any such authorization or renewal thereof is subject to withdrawal, modification or change by the municipality should the municipality deem same in the public interest. Before a withdrawal, modification or change is effected, the industrial user shall be given notice thereof with an opportunity to be heard.
(c) 
No authorization shall be assigned, transferred or sold, or used at premises or in an operation or process different from that for which same was issued.
(d) 
Industrial users shall apply for a new written authorization if the operation or process for which same was issued is changed so that wastewater characteristics or flow is altered.
(e) 
Industrial users must, in order to obtain authorization to discharge industrial wastes into the system, provide information describing wastewater, including but not limited to volume; constituents and characteristics of wastewater; flow rates; each product produced by type, amount and rate of production; and description of activities, facilities and plant process on the premises, including all materials, processes and types of materials which are or could be discharged.
H. 
The disposal into the sewer system of any pollutant by any person is unlawful except in compliance with the Federal Water Pollution Control Act[4] and other applicable laws, rules and regulations.
[4]
Editor's Note: See 33 U.S.C. § 1251 et seq.
I. 
Industrial users shall notify the municipality immediately upon accidentally discharging wastes in violation of this article. This notification shall be followed, within 15 days of the date of occurrence, by a detailed written statement describing the causes of the accidental discharge and the measures being taken to prevent future occurrence. Such notification will not relieve users of liability for any expense, loss or damage to the sewer system, treatment plant or treatment process or for any fines imposed on the municipality under applicable state and federal regulations.
J. 
A notice shall be furnished and permanently posted on the industrial user's bulletin board advising employees whom to call in case of an accidental discharge in violation of this article. Also, copies of this article are to be made available to users' employees.
K. 
Any direct or indirect connection or entry point for persistent or deleterious wastes to the user's plumbing or drainage system should be eliminated. Where such action is impractical or unreasonable, the user shall approximately label such entry points to warn against discharge of such wastes in violation of this article.
A. 
No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.
B. 
Detailed plans showing facilities and operating procedures to provide protection from accidental discharge of prohibited materials or other wastes from major contributing industries shall be submitted to the municipality for review and shall be acceptable to the municipality before construction of the facilities.
A. 
The Superintendent, duly authorized employee of the Environmental Protection Agency, New York State Department of Environmental Conservation (NYSDEC) or the municipality, bearing proper credentials and identification, shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this article. The Superintendent, EPA, NYSDEC or municipal representatives shall have no authority to inquire into any processes, including metallurgical, chemical, oil, refining, ceramic, paper or other processes, beyond that point having a distinct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment. The municipality shall have the right to set up on the user's property such devices as are necessary to conduct sampling or metering operations. The municipality may, at reasonable times, have access to and copy any records, inspect any monitoring equipment or method required by the municipality's wastewater discharge laws and sample any effluents which the owner or operator of such source is required to sample. Where a user has security measures in force, the user shall make necessary arrangements with their security guards so that, upon presentation or suitable identification, personnel from the municipality will be permitted to enter without delay.
B. 
While performing the necessary work on private properties referred to in Subsection A above, the Superintendent or duly authorized employees of the municipality shall observe all safety rules applicable to the premises established by the private property owner, and the private property owner shall be held harmless for injury or death to the municipal employees, and the municipality shall indemnify the private property owner against loss or damage to the owner's property by municipal employees and against liability claims and demands for personal injury or property damage asserted against the private property owner and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the private property owner to maintain safe conditions as required herein.
C. 
The Superintendent and other duly authorized employees of the municipality, bearing proper credentials and identification, shall be permitted to enter all private properties through which the municipality holds a duly negotiated easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
D. 
The conditions of wastewater discharge permits or authorizations shall be uniformly enforced by the municipality in accordance with this article and applicable state and federal regulations. Also, permits or authorizations shall be expressly subject to all provisions of this article and all other regulations, user charges and fees established by the municipality and applicable state and federal regulations.
A. 
Any property owner or person found to be violating any provisions of this article shall be served by United States Postal Service certified mail, return receipt requested, to the property address indicated on the tax records, with a 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. 
Any property owner or person who shall continue any violation beyond the time limit provided for in Subsection A shall be guilty of a misdemeanor and, on conviction thereof, shall be fined in an amount not exceeding $5,000 or by imprisonment for not more than six months, or by both such fine and imprisonment for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.
C. 
Any property owner or person violating any of the provisions of this article shall become liable to the municipality for any expense, loss or damage occasioned the municipality by reason of such violation.
D. 
The municipality may issue an order to cease and desist to those property owners or persons not complying with such prohibitions, limits, requirements or provisions of this article or the wastewater discharge permit to:
(1) 
Comply forthwith; or
(2) 
Comply in accordance with a time schedule set forth by the permit agency; or
(3) 
Take appropriate remedial or preventive action in the event of a threatened violation.
E. 
Any person who knowingly makes any false statements, representation, record, report, plan or other documentation filed with the municipality or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this article shall be punished by fine and/or imprisonment as set forth in Subsection B above.
F. 
The application of the above penalty or penalties, or the prosecution for the violation of the provisions of this chapter, shall not be deemed to prevent the revocation of any permit issued pursuant thereto or the enforced removal of conditions prohibited by this article.
G. 
The municipality may revoke any wastewater discharge permit (or authorization) or terminate or cause to be terminated water and wastewater service to any premises if a violation of any provision of this article is found to exist or if a discharge of wastewater causes or threatens to cause a condition of contamination or pollution, as defined in this article.
The sewer system of the B-1 Sewer District may be extended and improved to individual parcels outside the limits of said district upon recommendation of the Superintendent and after duly enacted approval by the municipal governing bodies of Valatie and Kinderhook in accordance with New York State law, and upon approval of the respective state and federal regulating bodies which oversee wastewater disposal permitting.
The source of the revenues for debt service and capital expenditures shall be a sewer capital charge, and the source of revenues for operation and maintenance of the public sewage works shall be a sewer rent charge to owners of any real property located within the incorporated limits of the Village served or required to be served by the sewage works.
The sewer capital charge will be levied and collected quarterly commencing on July 1, 2014, October 1, 2014, January 1, 2015, and April 1, 2015, and quarterly thereafter. The amount levied and collected will be the amount the Village is obligated to pay for the principal and interest on its outstanding sewer serial bonds. The sewer capital charge will be established by the Board of Trustees on an annual and/or quarterly basis, and the charge will be computed in accordance with the classification of units set forth in § 102-12 as follows: all units in the B-1 Sewer District will pay a charge computed on the unit basis set forth in § 102-12 herein for that part of the sewer capital charge (principal and interest) which is attributable to the Valatie wastewater treatment plant only.
The classification of units shall mean the benefits and quantities of usage of the sewage works assigned to different classifications of real property in the Village. The basis of the charge for the sewer capital charge to be paid by the owners of real property served or required to be served shall be determined from the following schedule:
Classification
Number of Units
Single residence
1 unit minimum
Multiple residence
1 unit minimum, plus 1 unit per occupied two-bedroom or larger apartment; 3/4 unit for one-bedroom apartment; charge for unoccupied apartment computed at 50%
Trailer park
3/4 unit per trailer site
Hospital or nursing home
1/2 unit per bed
Motel or hotel
1/4 unit per bed
Restaurant
1 unit per 10 seats
General commercial
1 unit, plus 1 unit for each 5 employees
Gasoline station
2 units, plus 1 unit for each 5 employees
Laundromat
1/2 unit per washing machine
Car wash
1 unit per stall
Industrial
1 unit, plus 1 unit per each employees, plus 1 unit for each 300 gallons of daily effluent discharge, average
School
1 unit per each 20 pupils and staff
Religious or fraternal
1 unit per each major building
Vacant building lot
1/2 unit
Vacant land
1 unit per 10 acres
Vacant building
1 unit
Car lot or parking lot
1/2 unit
Professional office
1 unit with up to 4 employees, excess calculated at 1/4 per employee
The sewer rent charge shall mean a scale of charges established and imposed by the Board of Trustees for the use of the sewage works. The amount of such sewer rent charge shall be based on consumption of water and will be levied and collected quarterly commencing on July 1, 2014, October 1, 2014, January 1, 2015, and April 1, 2015, and quarterly thereafter. The sewer rental charge will apportion the total sewage works operation and maintenance cost among system users in the proportion of user consumption to total water consumption by all users. The sewer rent charge will be that determined by the Village of Valatie plus that determined by the Village of Kinderhook.
The sewer rents and capital charges, the wastewater contribution of users and user classes and the operation and maintenance budget shall be reviewed not less often than every two years. The purpose of this review shall be to maintain proportionate distribution of sewer rents and capital charges and to assure sufficient revenue to pay for all operation and maintenance costs and all capital costs.
Any user who discharges a pollutant which causes an increase in the cost managing the effluent or the sludge from the wastewater treatment works shall be responsible for the payment of such increased costs.
Sewer capital charges and sewer rental charges which are not paid on or before the due date shall bear a penalty of 2% per month commencing on the day after the due date and compounded on the same day of each month thereafter until either such amount shall be paid or the first day of the following April, whichever is earlier. If such amount remains unpaid on the first day of April, the Village Clerk-Treasurer shall certify the amount due and payable to the Board of Trustees, which shall levy the same as taxes and add such sewer capital charge and sewer rentals and penalties to the succeeding tax roll of the Village. Such tax shall be collected and enforced in the same manner and at the same time as provided for the collection and enforcement of Village taxes, and it shall be the duty of the Village Clerk-Treasurer to charge and collect interest thereon at the same rate specified for the collection of Village taxes. Such sewer capital charges and sewer rent charges shall constitute a lien upon the real property served by such sewage works, and such lien shall be prior and superior to any other lien or claim, except the lien of an existing tax, assessment or other lawful charge.
All sewerage and water service may be discontinued without further notice if the sewer rents for such services are not paid within 30 days after rendition of the final bill therefor.
Revenues derived from such sewer capital charges and sewer rents, including interest, shall be credited to a special fund to known as the "Sewer Capital and Rent Fund." Moneys in such fund shall be used for the payment of the cost of debt service, capital expenditures and operation and maintenance of the sewage works.
All users of the sewage works, including tax-exempt property, must pay sewer capital charges and sewer rent charges.
The B-1 Sewer District Map is included as an attachment to this chapter.