[Adopted 10-30-1990 by L.L. No. 11-1990; amended in its entirety 12-15-2015 by L.L. No. 6-2015]
As used in this chapter, the following terms shall have the
meanings indicated:
Sewage whose concentration of one or more characteristics
of normal sewage exceeds the maximum concentrations of the characteristics
of normal sewage. See "normal sewage."
Those costs that must be borne by the districts in making
annual payments on indebtedness for such purposes as construction,
land acquisition and required reserves for repairs or replacements.
"Capital charges" are not includable in operation and maintenance.
Attachment of a sewer line, with more than one user, to an
existing sewer line.
Meaning or pertaining to industry, manufacturing, commerce,
trade, business, or institution, and is distinguished from domestic
or residential.
The liquid or liquid-carried solid, liquid and/or gaseous
wastes from industrial manufacturing processes, trade, service, utility,
or business, as distinct from sanitary sewage.
Water, other than wastewater, that enters a sewer system
(excluding building drains) from the ground through such means as
defective pipes, pipe joints, connections, or manholes. Infiltration
does not include, and is distinguished from, inflow. Infiltration
is inadvertent, that is, not purposely designed or built into the
sewer or drain.
Water, other than wastewater, that enters a sewer system
(including building drains) from sources such as, but not limited
to, roof leaders, cellar drains, area drains, drains from springs
and swampy areas, manhole covers, cross connections between storm
sewers and sanitary sewers, catch basins, cooling towers, stormwaters,
foundation drains, swimming pools, surface runoff, street wash waters,
or drainage. Inflow does not include, and is distinguished from, infiltration.
Inflow is purposely designed and/or built into the sewer or drain.
A temporary revocable written document allowing use of the
POTW for specified wastes over a limited period of time, containing
sampling locations and reporting frequencies, and requiring other
actions as authorized by this article.
Any individual, public or private corporation, political
subdivision, federal, ftate, or local agency or entity, association,
trust, estate or any other legal entity whatsoever.
Any material placed into or onto the state's waters, lands
and/or airs, which interferes with the beneficial use of that water,
land and/or air by any living thing at any time.
That portion of the POTW designed to provide treatment to
wastewater, and to treat sludge and residuals derived from such treatment.
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 changes, or by other means, except as prohibited
by 40 CFR § 403.6(D).
A treatment works, as defined by § 212 of the Act,
(33 U.S.C § 1292), which is owned, in this instance, by
the Town of Niskayuna. 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.
Shall include, but not be limited to, any printed, typewritten,
handwritten or otherwise recorded matter of whatever character (including
paper or electronic media), including but not limited to letters,
files, memoranda, directives, notes and notebooks, correspondence,
descriptions, telephone call slips, photographs, permits, applications,
reports, compilations, films, graphs and inspection reports. For the
purposes of this article, "records" shall mean records of and relating
to waste generation, reuse and disposal, and shall include records
of usage of raw materials.
The legally defined bounds of real property from which wastewater
may be discharged into the POTW. The bounds shall be established,
altered, changed, modified, reduced, enlarged, combined, or consolidated
by action of the Town Board.
A combination of the water-carried wastes from residences,
business buildings, institutions, and industrial establishments, and
such ground, surface, and stormwater as may be inadvertently present.
The admixture of sewage, as defined above, with industrial wastes
and other wastes shall also be considered "sewage" within the meaning
of this definition.
Liquid wastes from the noncommercial preparation, cooking,
and handling of food, liquid wastes containing human excrement and
similar matter from the sanitary conveniences in dwellings, commercial
buildings, industrial buildings, and institutions, or liquid wastes
from clothes washing and/or floor/wall washing. Therefore, domestic
sewage includes both black water and grey water. (See "sewage, sanitary.")
Sewage, industrial wastes, or other wastes, which show, by analysis,
the following characteristics:
B.O.D. (five day): 2,090 pounds per million gallons (250 milligrams
per liter) or less.
Suspended solids: 2,500 pounds per million gallons (300 milligrams
per liter) or less.
Phosphorus: 125 pounds per million gallons (15 milligrams per
liter) or less.
Ammonia: 250 pounds per million gallons (30 milligrams per liter)
or less.
Total kjeldahl nitrogen: 417 pounds per million (50 milligrams
per liter) or less.
Chlorine demand: 209 pounds per million gallons (25 milligrams
per liter) or less.
Chemical oxygen demand: 2,920 pounds per million gallons (350
milligrams per liter) or less.
Oil and Grease: 830 pounds per million gallons (100 milligrams
per liter) or less.
In spite of satisfying one or more of these characteristics,
if the sewage also contains substances of concern, it may not be considered
normal sewage.
Sewage which has characteristics greater than those of normal
sewage and /or which contains substances of concern.
A pipe or conduit for carrying or transporting sewage.
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. (See "volume charge.")
All facilities for collecting, regulating, pumping, and transporting
wastewater to and away from the POTW treatment plant.
A sewer in which all abutting property owners have equal
rights, and the use of which is controlled by the Town.
The cost chargeable to each user for operation and maintenance
costs. Such "sewer rent" is to be distinguished from the assessment
that is levied to recover capital costs, which is made at the same
time as the assessment of taxes in the Town.
A sewer which carries sewage, and to which storm, surface,
and groundwaters are not intentionally admitted.
See "user, significant industrial."
That individual nominated by the Town and confirmed by the
Town Board as the Superintendent of Water and Sewer. Such an individual
shall be licensed to practice engineering in the state, and otherwise
qualified to oversee water treatment and distribution and POTW operations.
This definition shall also include his authorized deputy, agent or
representative.
The result obtained, using an approved laboratory procedure,
to determine the dry weight of solids, in a sample, that either float
on the surface of, or are in suspension, or are settleable, and can
be removed from the sample by filtration, expressed in milligrams
per liter.
The result obtained, using an approved laboratory procedure,
to determine the quantity of ammonia in a sample and released during
the acid digestion of organic nitrogen compounds, expressed as milligrams
of nitrogen per liter.
The result obtained, using an approved laboratory procedure,
to determine the total quantity of orthophosphate, in a sample of
wastewater, following the hydrolysis of phosphorus compounds, expressed
as milligrams of phosphorus per liter of sample.
The Town of Niskayuna.
Any person who contributes, causes, or permits the contribution
of wastewater into the POTW.
A discharger to the POTW who is discharging on or before
the effective date of this article.
A discharger to the POTW who discharges nondomestic wastewaters.
A discharger to the POTW who initiates discharge after the
effective date of this article.
An industrial user of the Town POTW who is:
Subject to National Categorical Pretreatment Standards promulgated
by the EPA;
Having substantial impact, either singly or in combination with
other industries, on the operation of the treatment works;
Using, on an annual basis, more than 10,000 pounds or 1,000
gallons of raw material containing priority pollutants and/or substances
of concern and discharging a measurable quantity of these pollutants
to the sewer system;
Discharging more than 5% of the flow or load of conventional
pollutants received by the POTW treatment plant.
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*Note: A user discharging a measurable quantity of a pollutant
may be classified as nonsignificant if, at the influent to the POTW
treatment plant, the pollutant is not detectable.
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The liquid and water-carried industrial or domestic wastewaters
from dwellings, commercial establishments, industrial facilities,
and institutions, together with any groundwater, surface water, and
stormwater that may be present, whether treated or untreated, which
is contributed into or permitted to enter the POTW.
Pursuant to the authority of the Sewer Rent Law, being Article
14-F of the General Municipal Law of the State of New York, together
with any and all amendments thereto, there are established and imposed
sewer rents as a means of producing revenue for all Sewer District
No. 6 in the Town for the sewer systems now existing therein, those
hereafter created and extensions of either or all on behalf of said
sewer district.
The total amount of sewer rent for Sewer District No. 6 shall
consist of two components to be determined as follows:
A.
All users shall be subject to a sewage collection system charge to
be determined by dividing the total amount of the proposed budget
less appropriated fund balance, nonproperty tax revenues, and debt
service revenues, by the total number of users in said sewer district
and any extensions thereof.
B.
All users shall be subject to a sewage treatment system charge to
be based upon the consumption of water or actual sewage flows as measured
by an approved sewage flow meter at a rate to be determined, and revised
from time to time, by resolution of the Town Board based upon the
total budget for the operation and maintenance of Sewer District No.
6's POTW treatment plant including an allocation of administrative
costs, debt service costs and undistributed benefits relating to the
operation and maintenance of Sewer District No. 6's POTW. However,
in no event will user water consumption, for purposes of this computation,
be less than a certain minimum to be determined, and revised from
time to time, by resolution of the Town Board. In the case of consumers
of water who discharge into the sewer system an amount of sewage substantially
less than or substantially greater than the amount of water supplied
to such customer, the amount of the sewage discharged into the sewer
system may be determined or estimated by the Superintendent upon such
measurements, certifications or representations obtained at the consumer's
expense and at no cost or expense to the Town as shall be determined
to be appropriate in the circumstances, and the treatment charge thereon
shall be computed as above with the water consumption deemed to equal
sewage discharge for computation purposes. The Superintendent may
require any user of the sewer, whether located within the Town or
outside the Town, to install and maintain a sewer meter, gauge or
other suitable measuring device which is acceptable to the Superintendent
at the user's expense and at no cost or expense to the Town of Niskayuna.
Capital charges in connection with sewers shall be assessed,
levied and collected by the Town at the same time as the assessment
of taxes in the Town. The Town Board may, by resolution, establish
the apportionment of such charges so as to reflect equitably the degree
of benefit of affected parcels over the life of the capital improvements.
A.
For fiscal year 2016, users shall be subject to the full year's sewage
collection system charge and one-half of a full year's sewage treatment
system charge.
B.
Beginning in fiscal year 2016 and for each year thereafter, sewage
collection system charges shall become due and payable at the same
time and in the same manner as they are on other Town charges.
C.
Beginning with the residential consumers water warrant for water
consumption in the first half of 2016 and for each year thereafter,
sewage treatment system charges shall become due and payable at a
date and time established by the Town Board in the same manner as
they are for water rents.
D.
Sewer rents shall constitute a lien upon the real property of the
users on the first day of January in each year. Penalties and interest
for sewer rents in arrears shall be imposed and collected in the same
amounts and in the same manner as they are imposed on other Town charges.
All persons discharging or depositing wastes with concentrations
in excess of the pollutant concentrations in normal sewage shall pay
a surcharge to be established and revised from time to time by resolution
of the Town Board.
The service area of the POTW may be segmented to assist in a
fair distribution of user charges, especially if there is a pump station
serving a segment.
The additional charges and fees associated with the operation
of the pretreatment program shall be assessed the user, and include:
A.
Reimbursement of costs of setting up and operating the pretreatment
program.
B.
Issuing permits.
C.
Monitoring, inspections, and surveillance procedures.
D.
Costs of equipment and supplies.
E.
Reviewing accidental discharge procedures.
F.
Construction inspections.
G.
Filing appeals.
H.
Application for consistent removal status as outlined in 40 CFR 403.
I.
Other reasonable expenses to carry out the program to satisfy the
requirements of this article, the NYSDEC, and the federal government.
The charge for treatment and disposal of trucked or hauled waste
which has been introduced into the POTW shall be as established by
the Town Board. The manner of determining the volume dumped shall
be at the discretion of the Superintendent.
The Town may institute an equitable procedure for recovering
the costs of any capital improvements of those parts of the POTW which
collect, pump, treat, and dispose of industrial wastewaters from those
persons discharging such wastewaters into the POTW.
The POTW shall be operated on the basis of a fiscal year commencing
on the first day of January and ending on the 31st day of December.
The Town Board shall have the authority to impose impact fees
on new development, which development may:
Revenues derived from user charges and associated penalties,
and impact fees, shall be credited to a special fund. Monies in this
fund shall be used exclusively for the following functions:
A.
For the payment of the operation and maintenance, including repair
and replacement costs of the Town POTW;
B.
For the discovery and correction of inflow and infiltration;
C.
For the payment of interest on and the amortization of or payment
of indebtedness which has been or shall be incurred for the construction
or extension of the Town POTW;
D.
For the extension, enlargement, replacement of, and/or additions
to the Town POTW, including any necessary appurtenances.
A.
The Town shall maintain and keep proper books of records and accounts
for the POTW, separate from all other records and accounts, in which
shall be made full and correct entries of all transactions relating
to the POTW. The Town will cause an annual audit of such books of
record and account for the preceding fiscal year to be made by a recognized
independent certified public accountant, and will supply such audit
report to authorized officials, and the public, on request.
B.
In conjunction with the audit, there shall be an annual review of
the sewer charge system to determine if it is adequate to meet expenditures
for all programs for the coming year. Classification of old and new
industrial users should also be reviewed annually. The Town shall
maintain and carry insurance on all physical properties of the POTW,
of the kinds and in the amounts normally carried by public utility
companies and municipalities engaged in the operation of sewage disposal
systems. All moneys received for losses under any such insurance policies
shall be applied solely to the replacement and restoration of the
property damaged or destroyed.
