[HISTORY: Adopted by the Board of Trustees of the Village
of Canajoharie as indicated in article histories. Amendments noted
where applicable.]
[Adopted 4-29-1980 by L.L. No. 1-1980]
A.
The Village of Canajoharie has provided facilities for the collection
and treatment of sewage and industrial wastes to promote the health,
safety and convenience of the people it serves and for the safeguard
of the waters and watercourses of the State of New York.
B.
The purposes of the rules and regulations established hereby are
specifically stated as follows:
(1)
To prohibit excessive volume and/or inordinate rates of flow of sewage
and wastes into the municipal system.
(2)
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.
(3)
To prohibit the contribution of sewage, industrial wastes or other
wastes which may impair the hydraulic capacity, operation of the intercepting
sewers, force mains, pumping stations, sewage regulators and other
structures and appurtenances of the system.
(4)
To prohibit the contribution of sewage, industrial wastes or other
wastes which may create operating difficulties at the water pollution
control plant as it now exists or may be constructed, modified or
improved in the future.
(5)
To regulate the contribution of sewage, industrial wastes or other
wastes which require, for treatment at the plant, greater expenditures
than are required for equal volumes of normal sewage.
(6)
To require the pretreatment or flow control, before introduction
into the sewerage system, of such wastes as may impair the strength
and/or durability of the structures appurtenant to the system or as
may interfere with the normal treatment processes or as may impair
the designated uses of the classified receiving waters.
A.
"May" is permissive; "shall" is mandatory.
B.
ACT OR THE ACT
BIOCHEMICAL OXYGEN DEMAND (BOD)
BOARD
BUILDING DRAIN
BUILDING SEWER
BUILDING SEWER PERMIT OR DISCHARGE PERMIT
COMBINED SEWER
CONTAMINATION
CONVENTIONAL POLLUTANT
EASEMENT
FACILITY
FLOATABLE OIL
GARBAGE
INDUSTRIAL
INDUSTRIAL WASTES
INFLOW
INTERFERENCE
LATERAL, BUILDING
LATERAL, STREET
MUNICIPALITY
NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM OR NPDES PERMIT
NATURAL OUTLET
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION or NYSDEC
OIL AND GREASE
OTHER WASTES
PASS-THROUGH
PERSON
pH
PLANT SUPERVISOR
POLLUTION
POTW TREATMENT PLANT
PRETREATMENT
PRIORITY POLLUTANTS
PROPERLY SHREDDED GARBAGE
PUBLIC SEWER
PUBLICLY OWNED TREATMENT WORKS (POTW)
ROOF DRAIN
SANITARY SEWER
SEPTAGE
SEWAGE
SEWAGE, DOMESTIC (DOMESTIC WASTES)
SEWAGE, SANITARY
SEWER
SEWER INSPECTOR
SEWER LAW
SIGNIFICANT INDUSTRIAL USER
SLUG
STORM DRAIN - (SOMETIMES TERMED STORM SEWER)
STORMWATER
SUMP PUMP
SUPERINTENDENT
SUSPENDED SOLIDS
TOXIC SUBSTANCES
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY or USEPA
UNPOLLUTED WATER
USER
USER, INDUSTRIAL
USER, SIGNIFICANT INDUSTRIAL (SIU)
(1)
(2)
(3)
(4)
(5)
(6)
VILLAGE
WASTEWATER
WASTEWATER FACILITIES
WATERCOURSE
Unless the context specifically indicates otherwise, the meaning
of terms used in this article shall be as follows:
The Federal Water Pollution Control Act, also known as the
"Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.,
as may be amended.
[Added 8-19-1998 by L.L.
No. 4-1998]
The quantity of oxygen utilized in biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20° C., expressed in milligrams per liter.
The Board of Trustees of the Village of Canajoharie.
[Amended 8-19-1998 by L.L. No. 4-1998]
That part of the lowest horizontal piping of a drainage system
which receives discharge from soil, waste and other drainage pipes
inside 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, also called "house connection."
The permit required under § 121-5 of this article.
[Added 8-19-1998 by L.L.
No. 4-1998; amended at time of adoption of Code
(see Ch. 1, General Provisions, Art. I)]
A sewer intended to receive both wastewater and storm- or
surface water.
An impairment 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.
A pollutant that the POTW treatment plant was designed to
treat, defined in accordance with the Act.
[Added 8-19-1998 by L.L.
No. 4-1998]
An acquired legal right for the specific use of land owned
by others.
All buildings, other structures, grounds and contiguous property
at any locations related to or connected with a user at the user's
location.
[Added 8-19-1998 by L.L.
No. 4-1998]
Oil, fat or grease in a physical state such that it will
separate by gravity from wastewater by treatment in an approved pretreatment
facility. Wastewater shall be considered free of floatable fat if
it is properly pretreated and does not interfere with the collection
system.
Animal and vegetable waste resulting from handling, preparation,
cooking and service of foods.
Meaning or pertaining to industry, manufacturing, commerce,
trade, business or institution, and is distinguished from domestic
or residential.
[Added 8-19-1998 by L.L.
No. 4-1998]
Wastewater from industrial processes, trade or business,
as distinct from domestic or sanitary wastes.
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.
[Added 8-19-1998 by L.L.
No. 4-1998]
A discharge which, alone or in conjunction with discharges
by other sources, inhibits or disrupts the POTW, its normal treatment
processes or operations or its sludge treatment processes, handling,
use or disposal.
[Added 8-19-1998 by L.L.
No. 4-1998]
The sewer extension from the building drain to the street
lateral or other place of wastewater disposal.
[Added 8-19-1998 by L.L.
No. 4-1998]
The sewer extension from the public sewer to the property
line.
[Added 8-19-1998 by L.L.
No. 4-1998]
The political entity as set forth in this article.
A permit issued pursuant to Section 402 of the Act (33 U.S.C.
§ 1342).
Any outlet, including storm sewers and combined sewer overflows,
into a watercourse, pond, ditch, lake or other body or surface or
groundwater.
The New York State Department of Environmental Conservation
or other duly authorized official of said Department.
The result obtained when using an approved laboratory procedure
to determine the quantity of fats, wax, grease and oil, in a sample,
expressed in milligrams per liter.
[Added 8-19-1998 by L.L.
No. 4-1998]
Garbage (shredded or unshredded), refuse, wood, egg shells,
coffee grounds, sawdust, shavings, bark, sand, lime, ashes and all
other discarded matter not normally present in sewage or industrial
wastes. Also, the discarded matter not normally present in sewage
or industrial waste.
[Added 8-19-1998 by L.L.
No. 4-1998]
The discharge which exits the POTW into waters of the state
in quantities which, alone or in conjunction with discharges from
other sources, is a cause of a violation of any requirement of the
POTW's SPDES permit (including an increase in the magnitude or
duration of a violation).
[Added 8-19-1998 by L.L.
No. 4-1998]
Any individual, public or private corporation, partnership,
limited-liability company, political subdivision, federal, state,
or local agency or entity, association, trust, estate or any other
legal entity whatsoever, including any responsible officer and/or
employee thereof.
[Amended 8-19-1998 by L.L. No. 4-1998]
The reciprocal of the logarithm of hydrogen ions, in grams,
per liter of solution. Neutral water, for example has a pH value of
seven and a hydrogen ion concentration of 10-7.
The Superintendent of the Wastewater Treatment Plant.
[Amended 8-19-1998 by L.L. No. 4-1998]
The man-made or man-induced alteration of the chemical, physical,
biological and radiological integrity of water.
That portion of the POTW designed to provide treatment to
wastewater, and to treat sludge and residuals derived from such treatment;
also referred to as the Wastewater Treatment Plant (WWTP).
[Added 8-19-1998 by L.L.
No. 4-1998]
The reduction of the amount 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 obtained by physical, chemical or biological processes, process
changes or by other means, except as prohibited by 40 CFR 403.6, General
Pretreatment Regulations for Existing and New Sources of Pollution.
The most recently revised or updated list, developed by the
EPA, in accordance with the Act.
[Added 8-19-1998 by L.L.
No. 4-1998]
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, and with no particle having a dimension greater than
1/2 inch in any dimension.
[Amended 8-19-1998 by L.L. No. 4-1998]
A common sewer controlled by a governmental agency or public
utility.
The treatment works, as defined by Section 212 of the Act
(33 U.S.C. § 1292), which is owned and operated by, or on
behalf of, the Village of Canajoharie. This definition includes any
sewers, pipes and appurtenances that transport wastewater, directly
or indirectly, to the POTW treatment plant.
[Amended 8-19-1998 by L.L. No. 4-1998]
A drain installed to receive water collecting on the surface
of a roof for disposal.
[Added 8-19-1998 by L.L.
No. 4-1998]
A sewer that carries liquid- and water-carried wastes from
residences, commercial buildings, industrial plants and institutions,
together with the minor quantities of ground- storm- and surface waters
that are not admitted intentionally.
All liquids and solids in and removed from septic tanks,
holding tanks, cesspools or approved type of chemical toilets, including
but not limited to those serving private residences, commercial establishments,
institutions and industries; also sludge from small sewage treatment
plants. Septage shall not have been contaminated with substances of
concern or priority pollutants.
[Added 8-19-1998 by L.L.
No. 4-1998]
The spent water of a community. The preferred term is "wastewater."
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.")
[Added 8-19-1998 by L.L.
No. 4-1998]
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. (See "domestic wastes.")
[Added 8-19-1998 by L.L.
No. 4-1998]
A pipe or conduit that carries wastewater or drainage water.
Any person appointed by the Board to act as the Board's
authorized agent in matters falling under this article and who shall
exercise those powers delegated to him by the Board.
This Sewer Use Law and any amendments thereto.
[Added 8-19-1998 by L.L.
No. 4-1998]
Any user who has a discharge flow of 25,000 gallons or more
per average work day; has a flow greater than 5% of the flow in the
municipality's wastewater system; has in his wastes toxic pollutants,
as defined pursuant to Section 307 of the Act; has been identified
as one of the 21 industrial categories pursuant to Section 307 of
the Act; or is found by the municipality to have significant impact,
either singly or in combination with other contributing industries,
on the treatment or collection system.
A substantial deviation from normal rates of discharge or
constituent concentration sufficient to cause interference, or a discharge
which, in concentration of any constituent or in quantity of flow,
that exceeds, for any period of duration longer than 15 minutes, more
than five times the average twenty-four-hour concentration or flow
during normal user operations.
[Amended 8-19-1998 by L.L. No. 4-1998]
A drain or sewer conveying water, groundwater, subsurface
water or unpolluted water from any source.
Any flow occurring during or following any form of natural
precipitation and related to or resulting from such natural precipitation.
[Added 8-19-1998 by L.L.
No. 4-1998]
A mechanism used for removing water from a sump or wet well.
[Added 8-19-1998 by L.L.
No. 4-1998]
The Superintendent of the wastewater treatment plant.
[Amended 8-19-1998 by L.L. No. 4-1998]
Total suspended matter which either floats on the surface
of or is suspended in water, wastewater or other liquids and is removable
by laboratory filtering as prescribed in Standard Methods for the
Examination of Water and Wastewater and is referred to as "nonfilterable
residue."
Any substance, whether gaseous, liquid or solid, that, when
discharged to the POTW in sufficient quantities, may be hazardous
to POTW operation and maintenance personnel, tends to interfere with
any biological sewage treatment process or to constitute a hazard
to recreation in the receiving waters, due to the effluent from a
sewage treatment plant or overflow point. Any pollutant or combination
of pollutants listed as toxic in regulations promulgated by the EPA
under provisions of the Act.
[Added 8-19-1998 by L.L.
No. 4-1998]
The United States Environmental Protection Agency or, where
appropriate, a designation for the Administrator or other duly authorized
official of said Agency.
Water of quality equal to or better than the effluent criteria
in effect or water which would not cause violation of receiving water
quality standards and would not be benefited by discharge to the sanitary
sewers and wastewater treatment facilities provided.
Any person who contributes, causes or permits the contribution
of wastewater into the POTW.
[Added 8-19-1998 by L.L.
No. 4-1998]
A discharger to the POTW who discharges nondomestic wastewaters,
alone or in combination with sanitary or domestic sewage.
[Added 8-19-1998 by L.L.
No. 4-1998]
An industrial user of the POTW who:
[Added 8-19-1998 by L.L.
No. 4-1998]
Is subject to National Categorical pretreatment standards promulgated
by the EPA;
May have a substantial impact, either singly or in combination
with other industries, on the operation of the treatment works;
Uses, 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;
Discharges more than 5% of the flow or load of conventional
pollutants received by the POTW treatment plant;
Uses more than 20,000 gallons of water per day, on average;
or
Discharges more than 10,000 gallons of industrial wastes per
day, on average, or more than 2,500,000 gallons of industrial wastes
per year.
The Village of Canajoharie.
[Added 8-19-1998 by L.L.
No. 4-1998]
Spent water of a community. From the standpoint of source,
it may be a combination of liquid- and water-carried wastes from residences,
commercial buildings, industrial plants and institutions, together
with any groundwater, surface water and stormwater that may be present.
Structures, equipment and processes required to collect,
carry away and treat domestic and industrial wastes and dispose of
the effluent.
A natural or artificial channel for passage of water, either
continuously or intermittently.
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 said municipality
any wastewater 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 to construct
or maintain any privy, privy vault, septic tank, cesspool or other
facility intended or used for disposal of wastewater.
D.
The owner(s) of any house, building or property used for human occupancy,
employment, recreation or other purposes, situated within the municipality
and abutting on any street, alley or right-of-way, in which there
is now located or may be located in the future a public sanitary or
combined sewer of the municipality is hereby required, at the owner's
expense, to install suitable toilet facilities therein and to connect
such facilities directly with the proper public sewer in accordance
with 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.
Where a public sanitary or combined sewer is not available under provisions of § 121-3B, the building sewer shall be connected to a private wastewater disposal system complying with provisions of this section.
B.
Before commencing construction of a private wastewater disposal system,
the owner(s) shall first obtain a written permit signed by the plant
supervisor. Application for such permit shall be on a form furnished
by the municipality, which the applicant shall supplement by any plans,
specifications and other information deemed necessary by the superintendent.
C.
A permit for a private wastewater disposal system shall not become
effective until the installation is completed to the satisfaction
of the plant supervisor. He shall be allowed to inspect the work at
any stage of construction, and, in any event, the applicant for the
permit shall notify the plant supervisor when the work is ready for
final inspection and before any underground portions are covered.
D.
Type, capacities, location and layout of a private wastewater disposal
system shall comply with all recommendations of the New York State
Department of Environmental Conservation. No septic tank or cesspool
shall be permitted to discharge into any natural outlet.
E.
At such time as a public sewer becomes available to a property served by a private wastewater disposal system, as provided in § 121-3B, a direct connection shall be made to the public sewer within 90 days in compliance with this article, and any septic tanks, cesspools and similar private wastewater disposal facilities shall be cleaned of sludge and filled with suitable material.
F.
The owner(s) shall operate and maintain the private wastewater disposal
facilities in a sanitary manner at all times at no expense to the
municipality.
G.
No statement contained in this section shall be construed to interfere
with any additional requirements that may be imposed by the Health
Officer of the municipality or the New York State Department of Environmental
Conservation.
A.
No unauthorized person(s) shall uncover, make any connections with
or opening into, use, alter or disturb any public sewer or appurtenance
thereof without first obtaining a written permit from the plant supervisor.
B.
Building sewer permits.
(2)
In either case, the owner(s) or his 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 plant supervisor.
(3)
Permits for discharge of industrial wastes shall be issued for a
four-year period and shall be eligible for extension or renewal for
a similar period upon application of the owner.
(4)
The terms and conditions of a permit may be modified or changed by
the municipality upon 90 days' notice to the holder, who will
be given 90 days to conform with the modified conditions.
(5)
No permit shall be reassigned or transferred or sold to a new owner,
new user, different premises or a new or changed operation. (The initial
permit was issued to a specific user for a specific operation.)
(6)
An industrial discharger shall apply for a permit modification if
production or process is changed so that the wastewater characteristics
or flow are altered.
C.
All costs and expenses incidental to installation and connection
of the building sewer shall be borne by the owner(s). The owner(s)
shall indemnify the municipality from any loss or damage that may
directly or indirectly be occasioned by installation of the building
sewer.
D.
A separate and independent building sewer shall be provided for every
building, except where one building stands at the rear of another
on an interior lot and no private sewer is available or can be constructed
to the rear building through an adjoining alley, court, yard or driveway,
the building sewer from the front building may be extended to the
rear building and the whole considered as one building sewer. 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.
Old building sewers may be used to connect with new buildings only
when they are found, on examination and test by the plant supervisor,
to meet all requirements of this article.
F.
Size, slope, alignment, materials of construction of a building sewer
and the methods used in excavating, placing the pipe, jointing, testing
and backfilling the trench shall all conform to requirements of the
building and plumbing code 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 and Materials (ASTM) and Water
Pollution Control Federation (WPCF) Manual of Practice No. 9 shall
apply.
G.
Whenever possible, the building sewer shall be brought to the building
at an elevation below the basement floor. In all buildings in which
any building drain is too low to permit gravity flow to the public
sewer, sanitary wastewater carried by such building drain shall be
lifted by an approved means and discharged to the building sewer.
H.
No person(s) shall make connection of roof downspouts, foundation
drains, areaway drains or other sources of surface runoff or groundwater
to a building sewer or building drain which, in turn, is connected
directly or indirectly to a public sanitary sewer.
I.
Connection of the building sewer into the public sewer shall conform
to requirements of the building and plumbing code or other applicable
rules and regulations of the municipality or the procedures set forth
in appropriate specifications of the ASTM and WPCF Manual of Practice
No. 9. All such connections shall be made gastight and watertight
and verified by proper testing. Any deviation from the prescribed
procedures and materials must be approved by the plant supervisor
before installation.
J.
The applicant for the building sewer permit shall notify the plant
supervisor when the building sewer is ready for inspection and connection
to the public sewer. The connection and testing shall be under the
supervision of the plant supervisor or his representative.
K.
Any 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.
Design. New sanitary sewers, all extensions to sanitary sewers owned
and operated by the Village and any other improvements required by
this article or any permit issued hereunder, such as, but not limited
to, manholes, sampling points or pretreatment facilities, shall be
designed, by a professional licensed to practice sewer design in the
state, in accordance with the Recommended Standards for Sewage Works,
as adopted by the Great Lakes — Upper Mississippi River Board
of State Sanitary Engineers ("Ten State Standards"), all requirements
of the NYSDEC and any other applicable and accepted engineering standards.
Plans and specifications shall be submitted to, and written approval
shall be obtained from, the Superintendent before initiating any construction.
All other approvals must be obtained prior to the commencement of
construction.
[Added 8-19-1998 by L.L.
No. 4-1998]
M.
Wastewater discharge reports. 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 by the user in complete cooperation
with the Superintendent.
[Added 8-19-1998 by L.L.
No. 4-1998]
N.
Wastewater discharges. No significant industrial user shall discharge
wastewater to the POTW without having a valid building sewer permit,
issued by the Superintendent. Significant industrial users shall comply
fully with the terms and conditions of their permits in addition to
the provisions of this article. Violation of a permit term or condition
is deemed a violation of this article.
[Added 8-19-1998 by L.L.
No. 4-1998]
O.
Building sewer permits required for significant industrial users.
All significant industrial users proposing to connect to or to discharge
to the POTW shall obtain a building sewer permit before connecting
to or discharging to the POTW. The Superintendent shall issue existing
significant industrial users building sewer permits or shall require
that a significant industrial user make application for a building
sewer permit within 30 days after the effective date of this article.
[Added 8-19-1998 by L.L.
No. 4-1998]
P.
Application for industrial building sewer permits.
[Added 8-19-1998 by L.L.
No. 4-1998]
(1)
Industrial users required to obtain a building sewer permit shall complete and file with the Superintendent an application in the form prescribed by the Superintendent, the application shall be accompanied by a fee, as set forth in § 121-9. If the Superintendent issues a permit to an existing industrial user, any fee shall be paid to the Village within five days of the date the permit was received. In support of any application, the industrial user shall submit, in units and terms appropriate for evaluation, the following information:
(a)
Name, address and location (if different from the address).
(b)
SIC code of both the industry and any categorical processes.
(c)
All wastewater constituents and characteristics as determined
by a reliable analytical laboratory approved by the NYSDOH. Sampling
and analysis shall be performed in accordance with standard methods.
(d)
Time and duration of the discharge.
(e)
Average daily peak wastewater flow rates, including daily, monthly
and seasonal variations, if any.
(f)
Site plans, floor plans, mechanical and plumbing plans and details
to show all sewers, sewer connections and appurtenances.
(g)
Description of activities, facilities and plant processes on
the premises, including all materials which are or could be discharged
to the POTW.
(h)
Each product produced by type, amount, process or processes,
and rate of production.
(i)
Type and amount of raw materials processed (average and maximum
per day).
(j)
Number and type of employees, and hours of operation, and proposed
or actual hours of operation, of the pretreatment system.
(k)
The nature and concentration of any pollutants in the discharge
which are limited by any county, state or federal standards, and a
statement whether or not the standards are being met on a consistent
basis and, if not, whether additional operation and maintenance (O&M)
and/or additional pretreatment is required for the user to meet all
applicable standards.
(l)
If additional pretreatment and/or O&M will be required to
meet the standards, then the industrial user shall provide the shortest
schedule to accomplish such additional treatment and/or O&M. The
completion date in this schedule shall not be longer than the compliance
date established for the applicable pretreatment standard. The following
conditions shall apply to this schedule:
[1]
The schedule shall contain progress increments in the form of
dates for the commencement and completion of major events leading
to the construction and operation of additional pretreatment required
for the user to meet the applicable pretreatment standards (such events
include hiring an engineer, completing preliminary plans, completing
final plans, executing contracts for major components, commencing
construction, completing construction, beginning operation and beginning
routine operation).
[2]
No increment referred to in Subsection P(1)(l)[1] above shall exceed nine months, nor shall the total compliance period exceed 24 months, without written proof of economic hardship and/or technical infeasibility.
[3]
No later than 14 calendar days following each date in the schedule
and the final date for compliance, the user shall submit a progress
report to the Superintendent, including, as a minimum, whether or
not it complied with the increment of progress to be met on such date
and, if not, the date on which it expects to comply with this increment
of progress, the reason for delay and the steps being taken by the
user to return to the established schedule. In no event shall more
than nine months elapse between such progress reports to the Superintendent.
(m)
Any other information as may deemed by the Superintendent to
be necessary to evaluate the permit application and/or issue a permit.
(2)
The Superintendent will evaluate the data furnished by the industrial
user and may require additional information. After evaluation and
acceptance of the data furnished, the Superintendent may issue a building
sewer permit subject to terms and conditions provided herein.
Q.
Permit modifications.
[Added 8-19-1998 by L.L.
No. 4-1998]
(1)
Building sewer permits may be modified by the Superintendent, upon
30 days' notice to the permittee, for just cause. Just cause
shall include, but not be limited to:
(a)
Promulgation of an applicable National Categorical Pretreatment
Standard;
(b)
Revision of or a grant of a variance from such categorical standards
pursuant to 40 CFR 403.13;
(c)
Changes in general discharge prohibitions and local limits;
(d)
Changes in processes used by the permittee, or changes in discharge
volume or character;
(e)
Changes in design or capability of any part of the POTW;
(f)
Discovery that the permitted discharge causes or contributes
to pass-through or interference;
(g)
Changes in the nature and character of the sewage in the POTW
as a result of other permitted discharges;
(h)
Changes in the law; and/or
(i)
Elimination, voidance or lapse of contract requirements.
(2)
Any changes or new conditions in the permit shall include a reasonable
time schedule for compliance.
(3)
A user who does not agree with the Superintendent's proposed modification may appeal the decision. The notice of appeal shall contain documentation supporting the user's position that the permit should not be terminated A notice of appeal shall be filed with the Superintendent within 30 days of the Superintendent's notice of modification. The failure to file a notice of appeal shall result in the modification becoming final and binding as set forth in the original notice of modification. Appeals shall be determined as set forth in § 121-10M.
R.
Permit conditions. Building sewer permits shall be expressly subject
to all the provisions of this article and all other applicable regulations,
user charges and fees established by the Village. Permits may contain
the following:
[Added 8-19-1998 by L.L.
No. 4-1998]
(1)
Limits on the average and maximum rate and time of discharge, or
requirements for flow regulation and equalization.
(2)
Limits on the average and maximum wastewater constituents and characteristics,
including concentration or mass discharge limits.
(3)
Requirements for installation and maintenance (in safe condition)
of inspection and sampling facilities.
(4)
Specifications for monitoring programs, which may include sampling
locations, frequency of sampling, number, types and standards for
tests, and reporting schedules.
(5)
Compliance schedules.
(6)
Requirements for submission of technical reports or discharge reports.
(7)
Requirements for maintaining and retaining plant records relating
to wastewater discharge, as specified by the Superintendent, and affording
the Superintendent access thereto.
(8)
Requirements for notification of the Superintendent of any new introduction
of wastewater constituents or of any substantial change in the volume
or character of the wastewater constituents being introduced into
the POTW.
(9)
Requirements for the notification of the Superintendent of any change
in the manufacturing and/or pretreatment process used by the permittee.
(10)
Requirements for notification of excessive, accidental or slug
discharges.
(11)
Other conditions as deemed appropriate by the Superintendent
to ensure compliance with this article, and state and federal laws,
rules and regulations.
S.
Permit renewal. All users shall apply for permit renewal a minimum
of 180 days prior to the expiration of the user's permit. Upon
renewal, the terms and conditions of the permit may be subject to
modification by the Superintendent. The user shall be informed of
any proposed changes in his permit at least 30 days prior to the effective
date of the change. Any changes or new conditions in the renewal permit
shall include a reasonable time schedule for compliance.
[Added 8-19-1998 by L.L.
No. 4-1998]
T.
Permit revocation. Building sewer permits may be revoked for the
following reasons: falsifying self-monitoring or other reports, tampering
with monitoring equipment, refusing to allow the Superintendent timely
access to the facility, failure to meet effluent limitations, failure
to pay fines, failure to pay user charges and failure to meet compliance
schedules.
[Added 8-19-1998 by L.L.
No. 4-1998]
U.
Reporting requirements for permittee.
[Added 8-19-1998 by L.L.
No. 4-1998]
(1)
The reports or documents required to be submitted or maintained under
this section shall be subject to the provisions of Article 175 of
the Penal Law.
(2)
Baseline monitoring report. Within 180 days after promulgation of an applicable Federal Categorical Pretreatment Standard, a user subject to that standard shall submit, to the Superintendent, the information required by § 121-5P(1)(h) and (i).
(3)
Ninety-day compliance report. Within 90 days following the date for
final compliance with applicable pretreatment standards, or, in the
case of a new source, following commencement of the introduction of
wastewater into the POTW, any user subject to pretreatment standards
and requirements shall submit, to the Superintendent, a report indicating
the nature and concentration of all pollutants in the discharge, from
the regulated process, which are limited by pretreatment standards
and requirements and the average and maximum daily flow for these
process units in the user's facility which are limited by such
pretreatment standards and requirements. The report shall state whether
the applicable pretreatment standards and requirements are being met
on a consistent basis, and, if not, what additional O&M and/or
pretreatment is necessary to bring the user into compliance with the
applicable pretreatment standards or requirements. This statement
shall be signed by an authorized representative of the industrial
user and certified to by a qualified professional.
(4)
Periodic compliance reports.
(a)
Any user subject to a pretreatment standard, after the compliance date of such pretreatment standard, or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the Superintendent, during the months of June and December, unless required more frequently in the pretreatment standard or by the Superintendent, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of all daily flows which, during the reporting period, exceeded the average daily flow reported in § 121-5P. At the discretion of the Superintendent, and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Superintendent may agree to alter the months during which the above reports are to be submitted; however, no fewer than two reports shall be submitted per year.
(b)
The Superintendent may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or requirements or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required in Subsection U(4)(a) above shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of discharge sampling and analysis, including the flow, and the nature and concentration, or production and mass, where requested by the Superintendent, of pollutants contained therein, which are limited by the applicable pretreatment standard. All analyses shall be performed in accordance with standard methods by a laboratory certified by NYSDOH to perform the analyses.
(5)
Violation report. If sampling, performed by the user, indicates a
violation of this article and/or the user's discharge permit,
the user shall notify the Superintendent within 24 hours of becoming
aware of the violation. The user shall also repeat the sampling and
analysis and submit the results of the repeat analysis to the Superintendent
within 30 days after becoming aware of the violation. The user is
not required to resample if the POTW performs monitoring of the user's
discharge at least once a month for the parameter which was violated,
or if the POTW performs sampling for the parameter which was violated,
between the user's initial sampling and when the user receives
the results of this sampling.
(6)
Other reports. The Superintendent may impose reporting requirements
equivalent to the requirements imposed by this section for users not
subject to pretreatment standards.
V.
Flow equalization. No person shall cause the discharge of slugs to
the POTW. Each person discharging into the POTW greater than 20,000
gallons per day or greater than 5% of the average daily flow in the
POTW, whichever is lesser, shall install and maintain, on his property
and at his expense, or at another location approved by the Superintendent,
a suitable storage and flow control facility to ensure equalization
of flow over a twenty-four-hour period. The facility shall have a
capacity for at least 50% of the daily discharge volume and shall
be equipped with alarms and a rate of discharge controller, the regulation
of which shall be directed by the Superintendent. A building sewer
permit may be issued solely for flow equalization.
[Added 8-19-1998 by L.L.
No. 4-1998]
W.
Monitoring stations (control manholes).
[Added 8-19-1998 by L.L.
No. 4-1998]
(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 manhole
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, without prior notice, to the station by the
Superintendent or his designated representative.
X.
Proper design and maintenance of facilities and monitoring stations.
Preliminary treatment, and flow equalization facilities, or monitoring
stations, if provided for any wastewater, shall be constructed and
maintained and operated continuously in a clean and safe manner by
the owner at his expense. Where an industrial user has such treatment,
equalization or monitoring facilities at the time this article 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.
[Added 8-19-1998 by L.L.
No. 4-1998]
Y.
Vandalism; tampering with measuring devices. Except as approved by
the Superintendent, no person shall break, damage, destroy, uncover,
deface, tamper with, prevent access or render inaccurate, or cause
or permit the breaking, damaging, destroying, uncovering, defacing,
tampering with, preventing access or rendering inaccurate:
[Added 8-19-1998 by L.L.
No. 4-1998]
Z.
Sampling and analysis.
[Added 8-19-1998 by L.L.
No. 4-1998]
(1)
Sampling shall be performed so that a representative portion of the
wastewater is obtained for analysis.
(2)
All measurements, tests and analyses of the characteristics of waters
and wastes required in any section of this article 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 an approved monitoring station
is not required, then samples shall be taken from another location
on the 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).
AA.
Performance bonds. The Superintendent may decline to reissue a permit
to any user which has failed to comply with the provisions of this
article or any orders or previous permit issued hereunder unless such
user first files with it a satisfactory bond, payable to the Village,
in a sum not to exceed a value determined by the Superintendent to
be necessary to achieve consistent compliance.
[Added 8-19-1998 by L.L.
No. 4-1998]
BB.
General permits.
[Added 8-19-1998 by L.L.
No. 4-1998]
(1)
Residential and commercial buildings.
(a)
The Superintendent may issue a general permit authorizing the
discharge to the POTW of 10,000 gallons per day, or less, of sanitary
waste, provided that there is no admixture of industrial wastes from
residential, commercial, institutional or governmental facilities
which exist and are discharging to the POTW on the effective date
of this article.
(b)
No general permit shall authorize any discharge to the POTW
which otherwise violates any law, ordinance or rule.
(c)
The Superintendent may require that a user authorized to discharge
under a general permit submit an application and obtain an individual
building sewer permit.
(d)
The general permit shall set forth the conditions under which
it shall apply.
A.
Except pursuant to a building sewer permit issued by the Superintendent,
no person shall discharge to or cause to be discharged to the POTW
any stormwater, groundwater, surface runoff, roof runoff, subsurface
drainage or cooling water.
[Amended 8-19-1998 by L.L. No. 4-1998]
B.
Stormwater other than that exempted under Subsection A and all other unpolluted drainage shall be discharged to sewers specifically designated as combined sewers or storm sewers or to a natural outlet approved by the plant supervisor and other regulatory agencies. Discharge of unpolluted industrial cooling or process waters to a storm sewer, combined sewer or natural outlet is subject to approval of federal and state agencies and issuance of a separate SPDES discharge permit.
C.
No person(s) shall discharge or cause to be discharged any of the
following described waters or wastes to any public sewers:
(1)
Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive
liquid, solid or gas.
(2)
Any waters 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 wastewater treatment process,
constitute a hazard to humans or animals, create a public nuisance
or create any hazard in receiving waters or the wastewater treatment
plant, including but not limited to cyanides in excess of two milligrams
per liter, as CN in wastes discharged to the public sewer.
(3)
Any waters or wastes having a pH lower than 5.5 or higher than 8.5,
or having any other property capable of causing damage or hazard to
structures, equipment and/or personnel of the POTW or interference.
[Amended 8-19-1998 by L.L. No. 4-1998]
(4)
Solids or viscous substances in quantities or sizes capable of causing
obstruction to the flow in sewers or other interference with proper
operation of the wastewater facilities, such as, but not limited to,
ashes, bones, cinders, sand, mud, straw, shavings, metal, glass, rags,
feathers, tar, plastics, wood, unground garbage, whole blood, paunch
manure, hair and fleshings, entrails and paper dishes, cups, milk
containers, either whole or ground by garbage grinders.
D.
The following described substances, materials, waters or waste shall
be limited, in discharges to municipal systems, to concentrations
or quantities which will not harm either the sewers, wastewater treatment
process or equipment, have an adverse effect on the receiving stream
or otherwise endanger lives, limb, public property or constitute a
nuisance. The Board may set lower limitations than those established
in the regulations below if, in its opinion, such more severe limitations
are necessary to meet the above objectives. In forming an opinion
as to the acceptability, the Board will consider such factors as quantity
of subject waste in relation to flows and velocities in the sewer,
materials of construction of the sewers wastewater treatment process
employed, capacity of the wastewater treatment plant, degree of treatability
of the waste in the wastewater treatment plant and other pertinent
factors. Limitations or restrictions on materials or characteristics
of waste or wastewaters discharged to the sanitary sewer which shall
not be violated without approval of the plant supervisor are as follows:
(1)
Wastewater having a temperature higher than 150° F. (65°
C.) or in such quantities that the temperature at the treatment works
influent exceeds 104° F. (40° C.).
(2)
Wastewater containing fats, waxes, grease or oils, whether emulsified,
in excess of a thirty-day arithmetic mean of 70 milligrams per liter
and a daily maximum of 100 milligrams per liter, or wastewater containing
such substances, and other substances, which may solidify or become
viscous at temperatures between 32° and 150° F. (0° and
65° C.), or wastewater containing any substance in amounts which
may cause interference or pass-through.
[Amended 8-19-1998 by L.L. No. 4-1998]
(3)
Wastewater from industrial plants which contains floatable oils,
fat or grease.
(4)
Any garbage not properly shredded (see definition of "properly shredded garbage" in § 121-2). Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments or similar places where garbage originates from preparation of food in kitchens for consumption on the premises or when served by caterers. Garbage grinders shall not be used for disposal of plastic, paper products, inert materials or garden refuse.
(5)
Any waters or wastes containing iron, chromium, copper, zinc and
similar objectionable or toxic substances to such degree that such
material received in the composite wastewater at the wastewater treatment
works exceeds the limits established by the plant supervisor for such
materials.
(6)
Any waters or wastes containing phenols or other taste- or odor-producing
substances exceeding limits established by the plant supervisor.
(7)
Radioactive wastes or isotopes of such half-life or concentration
as may exceed limits established by the plant supervisor in compliance
with applicable state or federal regulations.
(8)
Quantities of flow, concentrations or both which constitute a slug (see definition of "slug" in § 121-2).
(9)
Waters or wastes containing substances not amenable to treatment
or reduction by the wastewater treatment processes employed or amenable
to treatment only to such degree that the wastewater treatment plant
effluent cannot meet requirements of other agencies having jurisdiction
over discharge to receiving waters.
(10)
Water or wastes which, by interaction with other water or wastes
in the public sewer system, release obnoxious gases, form suspended
solids which interfere with the collection system or create a condition
deleterious to structures and treatment processes.
(11)
Any substance which may cause the POTW's effluent or any
other product of the POTW, such as residues, sludges or scums, to
be unsuitable for reclamation and reuse or to interfere with the reclamation
process where the POTW is pursuing a reuse and reclamation program.
In no case shall a substance discharged to the POTW cause the POTW
to be in noncompliance with sludge use or disposal criteria, guidelines
or regulations developed under Section 405 of the Act, any criteria,
guidelines or regulations affecting sludge use or disposal development
pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic
Substance Act[1] or state criteria applicable to the sludge management
method being used.
[1]
Editor's Note: See 42 U.S.C. § 6901 et seq., 42
U.S.C. § 7401 et seq., and 15 U.S.C. § 2601 et
seq., respectively.
(12)
No person shall discharge or cause to be discharged any waters
or wastes containing a toxic or poisonous substance, a high chlorine
demand or suspended solids in sufficient quantity to injure or interfere
with any sewage treatment process, constitute a hazard to humans or
animals or create any hazard in the receiving waters or the effluent
of the Village sewage treatment plant or to exceed the limitation
set forth in a categorical pretreatment standard. Such toxic substances
shall be limited to the average concentrations listed hereinafter
in the sewage and include but not limited to any pollutant identified
pursuant to Section 307(a) of the Act. If concentrations listed are
exceeded, individual establishments will be subject to control in
volume and concentration by the plant supervisor.
|
Limitation of Toxic Substances in Sewage
| ||
|---|---|---|
|
Parameter
|
Effluent Concentration Limits
| |
|
24-Hour Average (mg/l)
|
30-Day Average (mg/l)
| |
|
Cadmium
|
0.8
|
0.4
|
|
Hexavalent chromium
|
0.4
|
0.2
|
|
Total chromium
|
8.0
|
4.0
|
|
Copper
|
1.6
|
0.8
|
|
Lead
|
0.4
|
0.2
|
|
Mercury
|
0.4
|
0.2
|
|
Nickel
|
8.0
|
4.0
|
|
Zinc
|
2.4
|
1.2
|
|
Arsenic
|
0.4
|
0.2
|
|
Available chlorine
|
50.0
|
50.0
|
|
Cyanide-free
|
0.8
|
0.4
|
|
Cyanide-complex
|
3.2
|
1.6
|
|
Selenium
|
0.4
|
0.2
|
|
Sulfide
|
12.0
|
6.0
|
|
Barium
|
8.0
|
4.0
|
|
Manganese
|
8.0
|
4.0
|
|
Gold
|
0.4
|
0.2
|
|
Silver
|
0.4
|
0.2
|
|
Fluorides (to fresh water)
|
8.0
|
4.0*
|
|
Phenol
|
8.0
|
4.0
|
|
NOTES:
| |
|---|---|
|
*
|
May be multiplied by a factor of 1.5 if the municipal water
supply is not fluoridated.
|
(13)
Any discoloration, such as, but not limited to, dyes, inks and
vegetable tanning solutions, or any other condition in the quality
of treatment works effluent in such a manner that receiving water-quality
requirements established by law cannot be met.
(14)
Materials which exert or cause:
(a)
Unusual concentrations of inert suspended solids, such as, but
not limited to, fuller's earth, lime slurries and lime residues,
or of dissolved solids, such as, but not limited to, sodium chlorine
and sodium sulfate.
(b)
Unusual BOD, chemical oxygen demand or chlorine requirements
in such quantities as to constitute a significant load on the sewage
treatment works. The admission into the public sewers of any waters
or waste having a five-day BOD greater than 350 parts per million
by weight or containing more than 350 parts per million by weight
of suspended solids or containing more than 15 parts per million of
chlorine demand or having an average daily flow greater than 20% of
the average daily sewage flow of the Village shall be subject to the
review and approval of the plant supervisor.
E.
Pretreatment.
(1)
If any water or wastes are discharged or proposed to be discharged to the public sewers, which waters contain substances or process characteristics enumerated in Subsection D of this section, and which, in the judgment of the plant supervisor, may have a deleterious effect upon the wastewater facilities, processes, equipment or receiving waters or otherwise create a hazard to life or constitute a public nuisance, the plant supervisor may:
(2)
If pretreatment or equalization of waste flow is permitted, the design
and installation of pretreatment or equalization plants and equipment
shall be subject to review and approval by the Board.
F.
Grease; oil and sand interceptors shall be provided when, in the opinion of the plant supervisor, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts, as specified in Subsection D(3) or any flammable wastes, sand or other harmful ingredients, except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the plant supervisor and located so as to be readily and easily accessible for cleaning and inspection. In maintaining these interceptors, the owner(s) shall be responsible for proper removal and disposal, by appropriate means, of the captured material and shall maintain records of dates and means of disposal which shall be subject to review by the plant supervisor. Any removal and hauling of collected materials which is not performed by owner's personnel must be done by waste disposal firms approved by the municipality.
G.
Where pretreatment or flow-equalizing facilities are provided or
required for any waters or wastes, they shall be maintained continuously
in satisfactory and effective operation by the owner(s) at his expense.
H.
When required by the plant supervisor or when classified as a significant
industrial user, the owner of property serviced by a building sewer
carrying industrial wastes shall install a suitable structure, together
with necessary meters and other appurtenances, in the building sewer
to facilitate observation, sampling and measuring of the wastes. Such
structure, when required, shall be accessibly and safely located and
constructed in accordance with plans approved by the plant supervisor.
The structure shall be installed by the owner at his expense and maintained
by him so as to be safe and accessible at all times.
I.
Measurements, tests and analyses of characteristics of waters and
wastes, as referred to in this article, shall be determined in accordance
with the latest edition of Standard Methods for the Examination of
Water and Wastewater, published by the American Public Health Association.
Sampling methods, location, times, durations and frequencies shall
be determined on an individual basis, subject to approval by the plant
supervisor.
J.
Special agreements and arrangements between the municipality and
any persons or agencies may be established, when in the opinion of
the Village, unusual or extraordinary circumstances compel special
terms and conditions.
K.
Detailed plans showing facilities and operating procedures to provide
protection from accidental discharge of prohibited materials or other
wastes from significant industrial users must be submitted to the
Village for review and shall be acceptable to the Village before construction
of the facilities.
L.
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 appropriately label such entry points to warn against
discharge of such wastes in violation of this article.
M.
The user shall notify the Village 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 Village under applicable state and federal regulations.
N.
A notice shall be furnished and permanently posted on the user's
bulletin board advising employees whom to call in case of accidental
discharge in violation of this article.
O.
The Village is authorized to issue an order to cease and desist and
direct those persons not complying with such prohibitions, limits
requirements or provisions of this article or the wastewater discharge
permit to:
P.
The Village may revoke any wastewater discharge permit or terminate
or cause to be terminated 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.
Q.
The Village reserves the right to establish by local law more stringent
limitations or requirements on discharges to the wastewater disposal
system.
R.
No user shall ever increase the use of process water or in any way
attempt to dilute a discharge as a partial or complete substitute
for adequate treatment to achieve compliance with the limitations
contained in the federal categorical pretreatment standards or in
any other pollutant-specific limitation developed by the Village or
state unless authorized by state or federal regulations.
S.
When pretreatment regulations are adopted by USEPA and NYSDEC for
any industry, then that industry must immediately conform to the USEPA
or NYSDEC timetable for adherence to federal or state pretreatment
requirements and any other applicable requirements promulgated by
USEPA or NYSDEC in accordance with Section 307 of P.L. 217. Additionally,
such industries shall comply with any more stringent standards necessitated
by local conditions as determined by the Village.
[Amended 10-16-1990 by L.L. No. 2-1990]
No person(s) shall maliciously, willfully or negligently break,
damage, destroy, uncover, deface or tamper with any structure, appurtenance
or equipment which is a part of the wastewater facilities. Any person(s)
violating this provision shall be subject to immediate arrest.
A.
The plant supervisor or other duly authorized employees of the municipality,
bearing proper credentials and identification, shall be permitted
to enter all properties for the purpose of inspection, observation,
measurement, sampling and testing pertinent to discharge to the community
system in accordance with provisions of this article.
B.
The plant supervisor or other duly authorized employees are authorized
to obtain information concerning industrial processes having direct
bearing on the kind and source of discharge to the wastewater collection
system. The industry may withhold information considered confidential
but must establish that revelation to the public of the information
in question might result in an advantage to competitors.
C.
While performing necessary work on private properties referred to in Subsection A above, the plant supervisor or duly authorized employees of the municipality shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the municipal employees. The municipality shall indemnify the company against loss or damage to its property by municipal employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as may be caused by negligence or failure of the company to maintain safe conditions as required in § 121-6H.
D.
The plant supervisor or 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 wastewater facilities lying within said easement.
All entry and subsequent work, if any, on said easement shall be done
in full accordance with terms of the duly negotiated easement pertaining
to the private property involved.
[Amended 8-19-1998 by L.L. No. 4-1998]
The following fees shall be submitted to the Village Clerk at
the time of application for a permit or a renewal permit, or, within
five days of the date of the permit, if the Village issues a permit
without an application having been submitted, to cover permit administration
and inspection fees:
A.
Private wastewater disposal system.
(1)
Less than 10,000 gallons per day (gpd) discharge: $100. (NOTE: One-time-only
fee paid upon issuance of first building sewer permit.)
C.
Industrial building sewer permit.
(1)
Less than 10,000 gpd discharge (sanitary only): $500.
(2)
Greater than 10,000 gpd discharge (sanitary only): $750.
(3)
Less than 10,000 gpd discharge: $1,000.
(4)
From 10,000 to 100,000 gpd discharge: $1,500.
(5)
From 100,000 to 500,000 gpd discharge: $2,500.
(6)
Greater than 500,000 gpd discharge: $5,000.
A.
Revocation of permit. Any user who violates the following conditions
of his permit or of this article or of applicable state and federal
regulations is subject to having his permit revoked. Violations subjecting
a user to possible revocation of his permit include but are not limited
to the following;
(1)
Failure of a user to accurately report the wastewater constituents
and characteristics of his discharge;
(2)
Failure of the user to report significant changes in operations,
or wastewater constituents and characteristics;
(3)
Refusal of reasonable access to the user's premises for the
purpose of inspection or monitoring; or
(4)
Violation of conditions of the permit.
B.
Any person found violating any provision of this article except § 121-7 shall be served by the municipality with written notice stating the nature of the violation and providing a reasonable time limit for satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
C.
Any person who shall continue any violation beyond the time limit provided for in Subsection A shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined in the amount set forth separately and made a part of this article for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.
D.
Any 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.
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 considered
in violation of its provisions and subject to be fined in the amount
set forth separately herein.
F.
Any person who is found to have violated a written notice of violation
or who willfully or negligently failed to comply with any provision
of this article or the orders, rules and regulations issued hereunder
shall be fined not less than $100 nor more than $1,000 for each offense.
Each day on which a violation shall occur or continue shall be deemed
a separate and distinct offense. In addition to the penalties provided
herein, the Village may recover reasonable attorney's fees, court
costs, court reporters' fees and other expenses of litigation
by appropriate suit at law against the person found to have violated
this article or the orders, rules and regulations issued hereunder.
G.
Notification of violation. Whenever the Superintendent finds that
any user has violated or is violating this article, or any building
sewer permit, order, prohibition, limitation or requirement permitted
by this article, he shall notify the Village Board in writing and
contact the supervising Village Trustee and may then serve upon such
person a written notice stating the nature of the violation. Within
10 calendar days of the date the Superintendent mails the notice,
an explanation of the violation and a plan for the satisfactory correction
and prevention thereof shall be submitted to the Superintendent by
the user. The correction and prevention plan shall include specific
actions. Submission of this plan in no way relieves the user of liability
for any violations caused by the user before or after receipt of the
notice of violation.
[Added 8-19-1998 by L.L.
No. 4-1998]
H.
Consent orders. The Superintendent is hereby empowered to enter into
consent orders, assurances of voluntary compliance or other similar
documents establishing an agreement with the user responsible for
the noncompliance. Such orders shall include specific action to be
taken by the user to correct the noncompliance within a time period
also specified by the order and may contain penalties, the payment
of which may be suspended by the Superintendent, in his sole discretion,
pending compliance with the terms set forth in the order. Consent
orders shall have the same force and effect as an administrative order.
[Added 8-19-1998 by L.L.
No. 4-1998]
I.
Administrative orders.
[Added 8-19-1998 by L.L.
No. 4-1998]
(1)
When the Superintendent finds that a user has violated or continues
to violate this article or a permit or any order, he shall notify
the Village Board in writing and contact the supervising Village Trustee
and may then issue an administrative order to the user responsible
for the discharge directing that, following a specified time period,
sewer service shall be discontinued, severed and abated unless the
violation is corrected and that there is no reoccurrence of the violation.
Administrative orders may also contain such other requirements as
might be reasonably necessary and appropriate to address the noncompliance,
including the installation of pretreatment technology, additional
self-monitoring and management practices. Orders issued pursuant to
this section may contain penalties, the payment of which may be suspended
by the Superintendent, in his sole discretion, pending compliance
with the terms set forth in the order.
(2)
The user may, within 15 calendar days of receipt of such order, petition
the Superintendent to modify, suspend or revoke the order. Such petition
shall be in written form and shall be filed with the Superintendent.
The Superintendent shall then, within five days:
(3)
A user who does not agree with the Superintendent's decision with regard to a petition filed under Subsection I(2) may appeal the decision to the Village Board as set forth in Subsection M of this section. The notice of appeal shall contain documentation supporting the user's appeal. The notice of appeal shall be filed within five days of service of the Superintendent's decision. The failure to file a notice of appeal shall result in the proposed order becoming final and binding.
J.
Cease-and-desist orders.
[Added 8-19-1998 by L.L.
No. 4-1998]
(1)
When the Superintendent finds that a user has violated or continues
to violate this article or any permit or order issued hereunder, he
shall notify the Village Board in writing and contact the supervising
Village Trustee and may then issue an administrative order to cease
and desist all such violations and direct those persons in noncompliance
to:
(2)
The user may, within 15 calendar days of the date the Superintendent
mails notification of such order, petition the Superintendent to modify
or suspend the order. Such petition shall be in written form and shall
contain all supporting information for the user's position that
the Superintendent's order should be modified, suspended or revoked.
The Superintendent shall then, within five days:
(3)
A user who does not agree with the Superintendent's decision with regard to a petition filed under Subsection J(2) may appeal the decision to the Village Board as set forth in § 121-10M of this article. The notice of appeal shall contain documentation supporting the user's appeal. A notice of appeal shall be filed with the Superintendent within five days of service of the Superintendent's decision. The failure to file a notice of appeal shall result in the proposed order becoming final and binding.
K.
Termination of permit.
[Added 8-19-1998 by L.L.
No. 4-1998]
(1)
Noncompliant users will be notified of the proposed termination of
their wastewater permit. The user may, within 15 calendar days of
the date the Superintendent mails such notification, petition the
Superintendent to permit continued use of the POTW by the user. Such
petition shall be in written form and shall contain all supporting
information for the user's position that the permit should not
be terminated. The Superintendent shall then, within five days:
(2)
A user who does not agree with the Superintendent's decision with regard to a petition filed under Subsection K(1) may appeal the decision to the Village Board as set forth in § 121-10M of this article. The notice of appeal shall contain documentation supporting the user's position that the permit should not be terminated. A notice of appeal shall be filed with the Superintendent within five days of service of the Superintendent's decision. The failure to file a notice of appeal shall result in the termination becoming final and binding as set forth in the original notice of termination or the Superintendent's decision upon the user's petition.
(3)
Any user who violates the following conditions of this article or
building sewer permit or order, or any applicable state and federal
law, is subject to permit termination:
(a)
Violation of permit conditions or conditions of an order;
(b)
Failure to accurately report the wastewater constituents and
characteristics of its discharge;
(c)
Failure to report significant changes in operations or wastewater
constituents and characteristics;
(d)
Refusal of reasonable access to the user's premises for
the purpose of inspection, monitoring, or sampling; or
(e)
Failure to pay user charges.
L.
Administrative fines. Notwithstanding any other section of this article,
any user who violates any provision of this article or a wastewater
discharge permit or order issued hereunder shall be fined in an amount
not to exceed $1,000 per violation. A violation of any provision,
permit or order shall constitute a separate and distinct violation.
Each day on which a violation shall occur or continue shall be deemed
a separate and distinct violation.
[Added 8-19-1998 by L.L.
No. 4-1998]
M.
Appeals.
[Added 8-19-1998 by L.L.
No. 4-1998]
(1)
Any user appealing any order or notice issued under Subsections I, J and K shall demonstrate as part of the notice of appeal why the notice or order should be modified, suspended or revoked. The Superintendent shall schedule a hearing before the Board and a notice of hearing shall be served on the user at least 10 calendar days before the hearing specifying the time and place of a hearing to be held by the Board.
(2)
Hearing.
(a)
The Board may itself conduct the hearing, may designate any
one of its members or any officer or employee of the Village or may
appoint a third party of its choice to conduct the hearing. The person
or persons conducting the hearing shall have the power to:
(b)
Within 60 days of the receipt of all hearing transcripts or
the conclusion of testimony, whichever occurs last, the person conducting
the hearing shall transmit a report of the evidence and hearing, including
transcripts and other evidence, together with recommendations to the
Board for action thereon.
(3)
After the Board has reviewed the evidence and testimony, it may order
the user to comply with the Superintendent's order, modify the
Superintendent's order or suspend or revoke the Superintendent's
order. The determination of the Board shall be a final action subject
to review in the appropriate court.
N.
Failure of user to petition the Superintendent. In the event that the Superintendent issues an order or notice as set forth in Subsection I, J or K, and the user fails, within the designated period of time set forth, to petition the Superintendent, as provided in appropriate sections of this article, the user shall be deemed in default and its rights to contest the action shall be deemed waived and the order shall become final and binding.
[Added 8-19-1998 by L.L.
No. 4-1998]
O.
Notice. Any notice, order, petition, notice of appeal or other communication
which the user or Superintendent must give pursuant to any sections
of this article shall be in writing and shall be served personally,
sent by certified mail or registered mail, return receipt requested,
postage prepaid, or by overnight delivery. Any notice, order, petition,
notice of appeal or communication mailed to or served via overnight
delivery to the user pursuant to the sections of this article shall
be mailed or delivered via overnight delivery to the user at the address
where the user's effluent is discharged to the POTW. Any notice,
petition or other communication mailed to the Superintendent shall
be addressed and mailed to the Village Hall.
[Added 8-19-1998 by L.L.
No. 4-1998]
P.
Right to choose multiple remedies. The Superintendent shall have
the right, within the Superintendent's sole discretion, to utilize
any one or more appropriate administrative remedies set forth in this
article. The Superintendent may utilize more than one administrative
remedy established pursuant to this article, and the Superintendent
may hold one show cause hearing combining more than one enforcement
action.
[Added 8-19-1998 by L.L.
No. 4-1998]
Q.
Civil actions for penalties. Penalties imposed by the Superintendent
or the Board may be recovered in an action brought by the Village
in any court of competent jurisdiction. In addition to the above-described
penalty, the Village may recover all reasonable attorney's fees
incurred by the Village to recover penalties and damages, and the
Village may also recover court costs, and other expenses associated
with the recovery action, as a penalty for nonpayment.
[Added 8-19-1998 by L.L.
No. 4-1998]
R.
Additional injunctive relief. Whenever a user has violated or continues
to violate the provisions of this article or permit or order issued
hereunder, the Superintendent may petition the Court, in the name
of the Village, for the issuance of a preliminary or permanent injunction,
or both (as may be appropriate), which restrains the violation of
or compels the compliance with any order or determination thereunder
by the Superintendent.
[Added 8-19-1998 by L.L.
No. 4-1998]
S.
Summary abatement.
[Added 8-19-1998 by L.L.
No. 4-1998]
(1)
Notwithstanding any inconsistent provisions of this article, whenever
the Superintendent finds, after investigation, that any user is causing,
engaging in or maintaining a condition or activity which, in the judgment
of the Superintendent, presents an imminent danger to the public health,
safety or welfare, or to the environment, or is likely to result in
severe damage to the POTW or the environment, and it therefore appears
to be prejudicial to the public interest to allow the condition or
activity to go unabated until notice and an opportunity for a hearing
can be provided, the Superintendent may, without prior hearing, order
such user by notice, in writing wherever practicable or in such other
form as practices are intended to be proscribed, to discontinue, abate
or alleviate such condition or activity, and thereupon, such person
shall immediately discontinue, abate or alleviate such condition or
activity; or where the giving of notice is impracticable, or in the
event of a user's failure to comply voluntarily with an emergency
order, the Superintendent may take all appropriate action to abate
the violating condition. As promptly as possible thereafter, not to
exceed 15 calendar days, the Superintendent shall provide the user
an opportunity to be heard, in accordance with the provisions of this
article.
(2)
The Superintendent, acting upon the belief that an emergency exists,
shall be indemnified against any personal liability that may arise
in the performance of his duties to protect the public health, safety
or welfare or to preserve the POTW or the environment.
[Adopted 5-6-1980 by L.L.
No. 2-1980]
A.
The Board of Trustees of the Village of Canajoharie, New York, hereby
finds that the requirements for the issuance of federal grants and
the acceptance of such grants by the Village of Canajoharie, under
Title II of the Federal Water Pollution Control Act Amendments of
1972, as amended, and the regulations of the United States Environmental
Protection Agency, as promulgated in the September 27, 1978, Federal
Register, Volume 43, No. 188, Part III, for the construction of wastewater
treatment works to improve the quality of effluent discharges from
the Village of Canajoharie establish:
(1)
The necessity of adopting a user charge system that will be proportionate
to all classes of users and produce the revenue required to pay the
annual operation and maintenance costs and to amortize the Village
share of the capital construction costs of the wastewater treatment
system.
(2)
The necessity of recovering an amount of the federal grants from
a defined set of classes of industrial users in an amount proportionate
to the use by that industry of the wastewater treatment facility design,
which system is called an "industrial cost recovery system."
B.
The purpose of this article is to promote the public health, safety,
prosperity, aesthetics and general welfare of the citizens of the
Village of Canajoharie and is designed to provide the legislative
enactments required under Public Law § 92-500, as amended,
and applicable federal regulations for the acceptance of construction
grants to improve the quality of effluent discharges from waste treatment
works. It is further intended to provide for administration and enforcement
of the article.
[Amended 9-23-1998 by L.L. No. 3-1998]
This article is adopted pursuant to the authority of Article
14-F of the General Municipal Law and Municipal Home Rule Law § 10.
[Amended 9-23-1998 by L.L. No. 3-1998]
The provisions of this article shall be liberally construed
in favor of the Village of Canajoharie and shall not be deemed a limitation
or repeal of any other powers granted the Village by the laws of the
State of New York.
[Added 9-23-1998 by L.L.
No. 3-1998; amended 10-14-2013 by L.L. No. 3-2013]
As used in this article, the following terms shall have the
meanings indicated:
The result obtained when using an approved laboratory procedure
to determine the quantity of oxygen utilized in the aerobic biochemical
oxidation of organic matter or in a sample, expressed in milligrams
per liter.
The cost of electrical power per kilowatt hour (kwh) without
respect to demand charges.
Solids content of the dewatered sludge expressed as a decimal.
The average daily base flow of domestic waste entering the
WWTP calculated by summing the total flow over the desired billing
period and dividing by the number of days in the billing period.
The actual BOD concentration expressed in mg/l for domestic
influent as determined through laboratory testing or using a conservative
value of 300 mg/l to account for the dilution of influent from infiltration
and inflow (I&I).
The loading to the WWTP of BOD generated by domestic waste
calculated by multiplying the domestic BOD concentration by 8.34 pounds/gallon
multiplied by the domestic base flow divided by 1,000,000.
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 that is free from stormwater,
surface water, industrial and other wastes that exhibit the following
characteristics in general:
BOD (five-day): 2,500 pounds per million gallons (300 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; and
Oil and grease: 830 pounds per million gallons (100 milligrams
per liter), or less.
The total VSS (sludge) as calculated by multiplying the domestic
BOD loading by the solids yield.
The cost to operate designated equipment calculated by multiplying
the kilowatts required by the cost per kwh and then multiplying that
product by the equipment runtime in hours.
The amount of time equipment operates to achieve required
results under a specific set of circumstances.
The surcharge assessed against the hauling of dewatered sludge
expressed as a per day cost calculated by dividing the total cost
over the billing period divided by the number of days in billing period.
Gallons per day.
Horsepower.
Kilowatt.
Kilowatt Hour.
Liter.
Milligram.
Milligrams per liter.
The number of days in the billing period.
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 of Canajoharie. 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.
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 domestic
sewage as set forth herein.
A discharger to the POTW wastewater treatment plant (WWTP)
who discharges nondomestic wastewaters and 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; or
Discharging more than 5% of the flow or load of conventional
pollutants received by the POTW treatment plant.
|
*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.
|
The difference between the significant industrial user BOD
loading and the significant industrial user BOD credit.
The average BOD concentration expressed in mg/l for the industrial
user influent as determined through laboratory testing.
The equivalent proportion of the domestic BOD loading contained
in the significant industrial user base flow calculated by multiplying
the domestic BOD loading by 8.34 pounds/gallon multiplied by the significant
industrial user base flow divided by 1,000,000.
The electrical costs associated with the BOD treatment per
day by multiplying the significant industrial user HP/kilowatt conversion
by the cost per kwh and multiplying the product by 24 hours.
The loading to the WWTP of BOD generated by the Significant
Industrial User calculated by multiplying the Significant Industrial
User BOD Concentration by 8.34 pounds/gallon multiplied by the Significant
Industrial User Base Flow divided by 1,000,000.
The average daily flow of wastewater generated by the significant
industrial user calculated by summing the total flow over the desired
billing period and dividing by the number of days in the billing period.
The total horsepower required to treat significant industrial
user adjusted BOD loading calculated by multiplying the horsepower
per pound of BOD removed by the significant industrial user adjusted
BOD loading.
Conversion from horsepower to kilowatts by multiplying horsepower
by 0.746 kw/HP.
The percent of total solids contributed by the significant
industrial user expresses as a decimal by dividing the significant
industrial user solids by the total solids.
The cost per day of disposal of the significant industrial
user sludge volume calculated by multiplying the sludge disposal unit
cost by the significant industrial user sludge volume plus the fuel
surcharge.
The amount of sludge generated per day by the significant
industrial user expressed as wet tons calculated by dividing the significant
industrial user VSS by the dewatered sludge percent solids multiplied
by 2,000 pounds/ton.
The amount of VSS produced from the significant industrial
users adjusted BOD loading multiplied by the solids yield.
The cost expressed as dollars per ton of disposal of solids.
The pounds of volatile suspended solids (VSS) (sludge) produced
per pound of BOD applied at the WWTP, as a decimal value. The VSS
is 0.4 pounds.
The total solids generated per day expressed in pounds/day
calculated by adding domestic solids to significant industrial user
solids.
Volatile suspended solids (VSS).
Wastewater treatment plant (same as "POTW" treatment plant).
A.
Hereby, a system of charges for the use of the Village of Canajoharie
POTW is established. Such charges shall be used to fund the cost of
operating and maintaining the Village of Canajoharie POTW as well
as to support the amortized debt associated with the POTW.
B.
Annually as a function of the adoption of the Village budget, the
Village Board shall calculate and established a consumption-based
sewer use charge in the form a dollars per 1,000 gallons of potable
water metered use for domestic sewage as defined herein.
C.
Annually as a function of the adoption of the Village budget, the
Village Board shall calculate and establish the criteria for determining
the sewer surcharge.
D.
The sewer surcharge shall be calculated utilizing the SIU Surcharge
Calculation Worksheet[2] as follows:
(1)
Number of days in billing period. In line 1, the number of days in
the billing period is entered. The spreadsheet is designed to calculate
the surcharged based on any number of days desired for the billing
period (e.g., monthly, quarterly, biannual, and annual).
(2)
Domestic BOD contribution.
(a)
In line 2, the average domestic base flow in gallons per day
is entered. This is calculated by summing the total flow over the
desired billing period and dividing by the number of days in the billing
period. For example, if the WWTP has an influent domestic base flow
of 51,100,000 gallons over a period of 365 days, the average daily
flow would be 51,100,000 gallons per year/365 days per year = 140,000
gallons per day (gpd). The 140,000 gpd would be entered into the spreadsheet.
(b)
In line 3, the domestic BOD concentration in mg/l BOD is entered.
If data is unavailable for this, a conservative influent BOD of 300
mg/l can be assumed as the collection system is impacted by inflow
and infiltration (I&I).
(c)
Line 4 is an output field where the BOD mass loading (expressed
in pounds per day, or pounds/day) is calculated based on the flow
and BOD concentration. To determine the pounds/day of BOD loading,
the following formula is applied:
 |
(3)
Solids yield at WWTP. In line 5, the pounds of volatile suspended
solids (VSS) (aka sludge) produced per pound of BOD applied at the
WWTP is entered as a decimal value. The current configuration results
in the generation of 0.4 pounds of VSS per pound of BOD entering the
plant, so the value of 0.4 is used in line 5.
(4)
Domestic solids. Line 6 is an output field where the total VSS (sludge)
is calculated by multiplying the pounds/day of BOD loading from line
4 by the sludge yield (line 5).
(5)
BOD loading from SIU.
(a)
In line 7, the average daily flow from SIU for the billing period
is entered in gallons per day, which can be calculated by averaging
the daily SIU flow. In line 8, the average SIU BOD concentration in
mg/l for the billing period, which can be calculated by averaging
the daily SIU BOD concentrations over the billing period, is entered.
(b)
Line 9 calculates the BOD loading in pounds per day using Formula
1. Since the SIU is billed a consumption based charge as established
by the Village annually which includes payment for the equivalent
of the domestic BOD concentration, an equation for credit (line 10,
output field) is used based on the average daily flow from SIU and
applying Formula 1.
(c)
Line 11 is an output field that calculates the difference between
the total BOD loading from SIU (line 9) and the BOD credit (line 10)
to give the adjusted BOD loading available for the following surcharge
calculations.
(6)
Solids produced from SIU.
(a)
The section of the spreadsheet determines the amount of sludge
generated from SIU for hauling and the cost per day. Line 12 is an
output field to determine the amount of VSS produced from SIU's
BOD loading by multiplying the adjusted BOD loading by the VSS yield
from line 5.
(b)
In line 13, the solids concentration from the belt filter press
(BFP) is entered as a decimal.
(c)
Line 14 is an output field that calculates the amount of wet
tons of sludge generated per day by the following formula:
|
TONS/DAY =
|
VSS(pounds/day)
Solids (decimal)(2,000 pounds/ton)
|
(Formula 2)
|
(d)
In line 15, the landfill cost per wet ton of solids is entered.
Line 16 is an output field where the cost per day for sludge disposal
is calculated based on the tons of wet solids produced per day (line
14) multiplied by the landfill cost per wet ton (line 15).
(7)
Determination of percentage of VSS created by SIU.
(a)
The amount of VSS and sludge for hauling can be calculated directly
by the contribution of BOD and flow from SIU; however, in order to
assess the equipment run times, including the belt filter press, associated
press feed pumps, and chemical addition appropriate between the SIU
and domestic users, the percent VSS contribution from SIU is calculated.
(b)
Line 17 is an output field that calculates the total VSS production
at the WWTP and is the pounds per day of VSS from the domestic BOD
loading (line 6) plus the pounds per day of VSS per day contribution
from SIU BOD loading (line 12).
(c)
Line 18 is an output field that calculates the decimal value
of the VSS contribution by dividing the pounds VSS per day from SIU
(line 12) by the total contribution (line 17). This value is be used
for further calculations in the spreadsheet.
(8)
Power required for SIU BOD removal.
(a)
To create the VSS, the BOD entering the plant is mixed with
an activated sludge (suspended growth) process. In order for the biomass
in the tank to utilize the BOD to create VSS, air is applied. As of
2013, the WWTP has four 40 HP brush aerators and a 30 HP centrifugal
blower with a grid of fine bubble diffusers. It has been determined
that the four brush aerators contribute a maximum of 9,120 pounds
of oxygen per day and the diffuser grid and blower contribute another
2,500 pounds for a total of 11,620 pounds of oxygen per day. Approximately
1.2 pounds of oxygen is required per pound of BOD, which gives the
plant the ability to treat 9,683 pounds of BOD per day (11,620 pounds
O2/1.2 pounds O2/pound
BOD). To treat this amount of BOD, 190 total HP would be required
(four 40 HP brush aerators + 30 HP blower). To determine the horsepower
required per pound of BOD, 190 HP/9,683 pounds BOD = 0.0196 HP/pound
BOD. This value is entered into the input field on line 19. As treatment
processes are upgraded, this number will be recalculated.
(b)
Line 20 is an output field that calculates the total horsepower
required for SIU's wastewater and is calculated by multiplying
the horsepower required per pound of BOD removal (line 19) by the
SIU adjusted BOD loading (line 11).
(c)
Line 21 is an output field that converts the horsepower required
for SIU's wastewater into kilowatts (kw) and is the horsepower
x 0.746 kw/HP.
(d)
In line 22, the electrical cost per kilowatt hour (kwh) without
demand charges is entered.
(e)
Line 23 is an output field that calculates the electrical costs
associated with the BOD treatment per day by multiplying the kw required
(line 21) by the cost per kwh (line 22) and multiplying the result
by 24 hours.
(9)
Power required for belt press and feed pumps.
(a)
The percentage of the runtimes of the belt filter press and
associated pumping (line 25) have been determined by the multiplying
the SIU percent solids (line 18) by the total equipment runtime (line
24). Line 24 is an input field.
(b)
Line 25 is an output field where the equipment runtime due to
sludge produced from SIU is calculated by dividing the runtime (line
24) by the percent VSS (line 18).
(c)
In line 26, the horsepower of the progressive cavity feed pumps
(feeds the belt press) is entered.
(d)
Line 27 is an output field where the horsepower is converted
to kw (0.746 kw/HP).
(e)
Line 28 is an output field where the daily cost to run the press
feed pumps which multiplies the kw required (line 27) by the cost
per kw (line 22) and are multiplied by the equipment runtime for the
SIU sludge (line 25).
(f)
Lines 29 through 31 and lines 32 through 34 are identical in
input and output to lines 26 through 28 and are to account for the
runtime of the sludge silo pumps and belt filter press.
(g)
Line 35 is an output field that sums the daily costs for the
two sets of pumps plus the belt filter press and is given as a dollar
amount per day.
(10)
Chemical addition and fuel surcharge costs.
(a)
To account for the addition chemicals and fuel surcharge for
hauling sludge, the chemical cost is entered in lines 36 through 38
where line 36 is the daily cost for polymer, line 37 is the daily
cost for permanganate, and line 38 is the daily cost for the fuel
surcharge. To calculate the daily costs for these items, the total
amount of these items used during the billing period is divided by
the number of days in the billing period.
(b)
Line 39 is an output field that calculates the sum of the chemical
and fuel surcharges and multiplies it by the percent VSS fraction
from SIU (line 18) to get the correct weighted cost.
(c)
The final section of the spreadsheet summarizes and calculates
the total cost for the SIU surcharge.
(d)
Line 40 is an output field where the total sludge generated
from SIU is calculated by multiplying the wet tons of sludge generated
per day (line 14) by the number of days in the billing period (line
1).
(e)
Line 41 is an output field that calculates the total sludge
disposal costs by multiplying the total wet tons of sludge for the
billing period (line 40) by the cost per wet ton (line 15).
(f)
Line 42 is an output field that calculates the total costs for
aeration power for the billing period that multiplies the cost per
day (line 23) by the number of days in the billing period (line 1).
(g)
Line 43 is an output field that calculates the total costs for
chemical and fuel surcharge associated with SIU solids and multiplies
the cost per day (line 41) by the number of days in the billing period
(line 1).
(h)
To accurately determine the electrical costs of running the
belt filter press and associated feed pumps for SIU sludge, the number
of days the press and pumps run is entered into line 44 and line 45
is an output field that calculates the electrical usage for this equipment
accounting for the number of days the equipment operates in a week.
The electrical cost per day for this equipment (line 37) is multiplied
by the number of days in the billing cycle (line 1). The result is
multiplied by the number of days of operation per week divided by
seven days a week.
(i)
Lastly, line 46 is an output field for the total cost of the
SIU surcharge and sums up lines 42 through 45. Line 47 is a calculation
of the surcharge program administration fee (20%) and line 48 is total
cost of the surcharge.
[2]
Editor's Note: The Significant Industrial User Surcharge Calculation
Worksheet is on file in the Village Clerk's office.
[1]
Editor's Note: This ordinance also states that the provisions
"shall be applied retroactively to sewer use charges incurred on or
after December 1, 2012."
[Amended 10-26-1982 by L.L. No. 1-1982; 9-30-1987 by L.L. No. 3-1987; 9-6-1989 by L.L. No. 3-1989; 9-19-1991 by L.L. No. 4-1991; 9-24-1992 by L.L. No. 4-1992; 9-6-1994 by L.L. No. 1-1994; 8-20-1996 by L.L. No. 1-1996; 8-27-1997 by L.L. No. 1-1997; 9-23-1998 by L.L. No. 3-1998]
A.
User charges shall be levied on all users of the sewer system by
the Village Board in accordance with the provisions of this article.
B.
There shall be four types of user charges:
[Amended 5-27-2008 by L.L. No. 1-2008; 5-19-2009 by L.L. No. 2-2009]
(1)
A regular user charge shall be billed to all users and shall be calculated
as set forth below.
(2)
A user surcharge shall be billed only to those users who discharge
excess BOD5 and/or suspended solids to the
sewer system and shall be calculated as set forth below. Notwithstanding
the above, on September 1, December 1, March 1 and June 1 of each
year, the Superintendent shall recalculate the user surcharge based
on each user's actual days of discharge and the discharge characteristics
during the previous quarter. Based upon such recalculation, the Village
shall bill such users an additional user surcharge if the recalculation
indicates that a user discharged more excess BOD5 and/or suspended solids to the sewer system than anticipated under
the user surcharge or issue a credit to such users against future
monthly user surcharges if the recalculation indicates that a user
discharged less excess BOD5 and/or suspended
solids to the sewer system than anticipated under the user surcharge.
(3)
An additional user charge shall be billed monthly to those users
whose discharges are, in the reasonable opinion of the Superintendent,
the sole cause of additional costs to the Village to treat such discharges,
or whose discharges constitute slug loads of any waste, including,
but not limited to, discharges of rejected product, that, in the reasonable
opinion of the Superintendent, are not adequately measured by the
Village or such user. The additional user charge shall be calculated
in the reasonable discretion of the Superintendent.
(4)
During those years in which the Village has, will or will be likely
to incur engineering, legal or any other costs because of any action,
proceeding or order taken or issued against the Village that arises
out of or is associated with the discharges of any significant industrial
user, such costs that are budgeted by the Village (the enforcement
costs) shall be billed to significant industrial users in an enforcement
user surcharge. The enforcement user surcharge shall be billed monthly
to all significant industrial users and shall be based upon the ratio
each significant industrial user's discharge bears to the total
discharge of all significant industrial users.
C.
The user charges shall be calculated as follows:
[Amended 9-27-1999 by L.L. No. 2-1999; 5-30-2001 by L.L. No. 1-2001; 5-1-2002 by L.L. No. 1-2002; 5-27-2003 by L.L. No. 1-2003; 5-30-2006 by L.L. No. 1-2006; 5-19-2009 by L.L. No. 2-2009]
(1)
Determine the total amount of user charges (the TUC) to be collected
by adjusting the budget approved for the sewer system for the next
fiscal year to reflect:
(a)
All earned income or other anticipated revenues.
(3)
Determine the total treated discharge (the TTD) to the Village's
wastewater treatment plant (the WWTP) from the properties served by
the sewer system for the prior April through March period based on
influent sampling reported to the New York State Department of Environmental
Conservation (the DEC).
(4)
Determine the average daily flow for the WWTP (the ADF) in million
gallons (mgd) by dividing the TTD by 365.
(5)
Determine the monthly average concentration of BOD5 in milligrams per liter (mg/l) (the MBOD) for influent based on
influent sampling reported to the DEC for the prior April through
March period.
(6)
Determine the monthly average concentration of SS in mg/l (the MSS)
for influent based on influent sampling reported to DEC for the prior
April through March period.
(7)
Determine the total amount of BOD5 (the TBOD)
treated during the prior April through March period by applying the
following formula:
|
TBOD = ADF x 8.34 x MBOD x 260
|
(8)
Determine the total amount of SS (TSS) treated during the prior April
through March period by applying the following formula:
|
TSS = ADF x 8.34 x MSS x 260
|
(9)
Determine the cost per pound of treating BOD5 (the CTBOD) by applying the following formula:
|
CTBOD = PCBOD + TBOD
|
(10)
Determine the cost per pound of treating SS (the CTSS) by applying
the following formula:
|
CTSS = PCSS ÷ TSS
|
(11)
Determine the industrial wastewater discharge (the IWD), in
gallons, for each industrial user for the prior April through March
period as follows:
(a)
For each industrial user, except for Beech-Nut Nutrition Corporation
and Canajo Manufacturing Company (formerly JOYCO USA Confectionery,
Inc.), add the 12 monthly water meter readings reported to the Village.
(b)
For Beech-Nut Nutrition Corporation, add the total flows reported
by the company on the discharge monitoring reports (the DMRs) filed
with the Village as required under the Village of Canajoharie industrial
user discharge permit No. 1 for the industrial wastewater discharge
outfall No. 01.
(c)
For Canajo Manufacturing Company, add the total flows reported
by the company on the discharge monitoring reports (the DMRs) filed
with the Village as required under the Village of Canajoharie industrial
user discharge permit No. 2 for the combined industrial wastewater
discharge outfall No. 01.
(12)
Determine average daily industrial flow for each industrial
user in million gallons per day (mgd) (the ADIF) for each industry
by dividing the IWD by 260.
(13)
Determine the average industrial pollutant load in mg/l (the
IPL) for BOD5 and SS for each individual industrial
user for the prior April through March period as follows:
(a)
For each industrial user, except Canajo Manufacturing Company
and Beech-Nut Nutrition Corporation, based on the results of effluent
sampling collected by the Village during periods of industrial production
and required to be reported to DEC for each industry.
(b)
For Canajo Manufacturing Company based on:
[1]
The results of effluent sampling collected by the Village during
periods of industrial production and required to be reported to DEC;
and
[2]
The results of effluent sampling collected by the user during
periods of industrial production and reported to the Village on its
monthly DMRs as required under Village of Canajoharie industrial user
discharge permit No. 2.
(c)
For Beech-Nut Nutrition Corporation based on:
[1]
The results of effluent sampling collected by the Village during
periods of industrial production and required to be reported to DEC;
and
[2]
The results of effluent sampling collected by the user during
periods of industrial production and reported to the Village on its
DMRs as required under the Village of Canajoharie industrial user
discharge permit No. 1.
(d)
Where the Village and an industrial user collect and analyze
samples on the same day, the results, if found reliable by the Village,
shall be averaged and the result shall be used in calculating the
average.
(14)
Determine the excess pounds of BOD5 (the
EBOD) and SS (the ESS) discharged by each industrial user by applying
the following formula:
|
Excess pounds = ADIF x 8.34 x (IPL - 200) x 230
|
(16)
Determine the user surcharge to be charged to an industrial
user by:
(17)
Determine the enforcement user surcharge to be charged to an
industrial user by:
(a)
Adding the industrial wastewater discharges for all significant
industrial users for the previous April through March period (the
total SIU discharge).
(b)
Dividing a significant industrial user's discharge by the
total SIU discharge and multiplying the result by the enforcement
costs.
(c)
The enforcement user surcharge shall be billed monthly.
(d)
Where the total user surcharge to be paid for the year is less
$100, the enforcement user surcharge shall be billed in the first
month.
(19)
Determine the regular user charge rate (the UCR) to be charged
to all users by dividing the regular user charge by the total metered
flow (the TMF). The TMF shall be determined by adding the following:
(a)
The metered water use for all users, except for Beech-Nut Nutrition
Corporation and Canajo Manufacturing Company; and
(b)
For Canajo Manufacturing Company, the following flows:
[1]
The combined wastewater discharge metered at outfall No. 01
and reported to the Village on its monthly DMRs as required under
Village of Canajoharie industrial user discharge permit No. 2; and
[2]
The water use on the water supply lines metered for outfall
Nos. 02, 03, 04 and 05, the three permitted sanitary wastewater only
discharges reported to the Village as required under Village of Canajoharie
industrial user discharge permit No. 2.
(c)
For Beech-Nut Nutrition Corporation, the following flows:
[1]
The combined wastewater discharge metered at outfall No. 01
and reported to the Village on its monthly DMRs as required under
Village of Canajoharie industrial user discharge permit No. 2; and
[2]
The combined wastewater discharge metered for outfall Nos. 02,
03, 04 and 05, the four permitted sanitary wastewater only discharges
reported to the Village as required under Village of Canajoharie industrial
user discharge permit No. 1.
(20)
The UCR shall be charged to users as follows:
(a)
All users, except Canajo Manufacturing Company and Beech-Nut
Nutrition Corporation, shall be charged the UCR for each 1,000 gallons
of water used.
(b)
Canajo Manufacturing Company shall be charged the UCR for each
1,000 gallons of wastewater discharged to the WWTP based upon total
flow meter readings from:
[1]
The combined wastewater discharge metered at outfall No. 01
and reported to the Village on its monthly DMRs as required under
Village of Canajoharie industrial user discharge permit No. 2; and
[2]
The water use on the water supply lines metered for outfall
Nos. 02, 03, 04 and 05 for the three permitted sanitary wastewater
only discharges and reported to the Village as required under Village
of Canajoharie industrial user discharge permit No. 2.
(c)
Beech-Nut Nutrition Corporation shall be charged the UCR for
each 1,000 gallons of wastewater discharged to the WWTP based upon
total flow meter readings from:
[1]
The combined wastewater discharge metered at outfall No. 01
and reported to the Village on its monthly DMRs as required under
Village of Canajoharie industrial user discharge permit No. 1; and
[2]
The combined wastewater discharge metered for outfall Nos. 02,
03, 04 and 05 for the four permitted sanitary wastewater only discharges
and reported to the Village as required under Village of Canajoharie
industrial user discharge permit No. 1.
(d)
Industrial user billing procedures; meter readings.
[1]
All industrial users, except Canajo Manufacturing Company and
Beech-Nut Nutrition Corporation, shall be billed monthly based on
water meter readings. The Village will take water meter readings,
except as set forth below.
[2]
In the event that any meter is not in service during a month,
or part thereof, or a user fails to report any reading to the Village
as required, the Village shall take its own reading and/or estimate
the amount of water used by the user based on available data.
[3]
Canajo Manufacturing Company shall be billed monthly based on
total flow readings for all discharges to the sewer system. Canajo
Manufacturing Company shall take total flow meter readings from:
[a]
The combined wastewater discharge metered at outfall
No. 01 and reported to the Village on its monthly DMRs as required
under Village of Canajoharie industrial user discharge permit No.
2; and
[b]
The water use on the water supply lines metered
for outfall Nos. 02, 03, 04 and 05 for the three permitted sanitary
wastewater only discharges and reported to the Village as required
under Village of Canajoharie industrial user discharge permit No.
2.
[4]
Beech-Nut Nutrition Corporation shall be billed monthly based
on total flow readings for all discharges to the sewer system. Beech-Nut
Nutrition Corporation shall take total flow meter readings from:
[a]
The combined wastewater discharge metered at outfall
No. 01 and reported to the Village on its monthly DMRs as required
under Village of Canajoharie industrial user discharge permit No.
01; and
[b]
The combined wastewater discharge metered for outfall
Nos. 02, 03, 04 and 05 for the four permitted sanitary wastewater
only discharges and reported to the Village as required under Village
of Canajoharie industrial user discharge permit No. 1.
[5]
In addition to the requirements under Village of Canajoharie
industrial user discharge permit No. 2, Canajo Manufacturing Company
shall take all required flow meter readings and shall take water meter
readings from all water meters at its facility on the last business
day of each month and report the results to the Village Clerk within
two business days of the end of each month.
[6]
In addition to the requirements under Village of Canajoharie
industrial user discharge permit No. 1, Beech-Nut Nutrition Corporation
shall take all required flow meter readings from the flow meters on
outfall Nos. 01, 02, 03, 04 and 05 at its facility on the last business
day of each month and report the results to the Village Clerk within
two business days of the end of each month.
[7]
In the event that any meter is not in service during a month,
or part thereof, or Beech-Nut Nutrition Corporation or Canajo Manufacturing
Company fails to report any reading to the Village as required, the
Village may take its own reading, estimate the amount of water consumed
or wastewater discharged based on available data and/or take such
other action as may be required to reasonably determine the amount
of water consumed or wastewater discharged.
A.
Unit charges. The federal grant funds allocated to the Village of
Canajoharie under Public Law § 92-500, as amended, shall
be apportioned among the major components of the system constructed
under the grant funds. The grant funds for each piece of property
shall be further apportioned to flow, BOD and SS and divided respectively
by the sewage plant's design flow in 1,000 gallons per day, pounds
of BOD and pounds of SS to determine the unit charge attributable
to flow, BOD and SS for each piece of property. The unit charges so
determined shall be reviewed annually by the Board of Trustees of
the Village of Canajoharie.
B.
Industrial cost recovery charges.
(1)
Unit charges attributed to flow, BOD and SS for each major component
of the system shall be totalled for flow, BOD and SS to determine
the industrial cost recovery unit charge for each. These industrial
cost recovery unit charges shall then be levied on each industrial
user's actual discharge flow, actual BOD and actual SS, unless
the industrial user has contracted for reserved capacity in the treatment
works which is greater, in which case the industrial cost recovery
payments shall be based on the total reserved capacity in relation
to the design capacity of the treatment works.
(2)
An "industrial user" is defined as any nongovernmental, nonresidential
user of the treatment works which discharges more than 25,000 gallons
per day (gpd) of wastewater. In determining this amount, the Village
may exclude domestic wastes discharged by the industrial user.
(3)
Each industrial user shall make his industrial cost recovery payment
not less than annually, and the first payment shall be made not later
than one year after the user begins use of the treatment works.
C.
Monitoring. Industrial flow and load will be monitored by flow metering, waste sampling and analysis, in accordance with the provisions of § 121-26. For the purposes of the ICR system, "minor industrial user" is defined as one contributing the equivalent of between 25,000 gallons per day of wastewaters and 10% of design flow or load. A major industrial user is defined as one contributing the equivalent of over 10% of design flow or load.
D.
Industrial cost recovery period. The industrial cost recovery period
shall be equal to 30 years or to the useful life of the treatment
works, whichever is less, with no charges for interest on the principal,
except for late or nonpayment of bills.
E.
F.
Discontinuance by industrial user. If an industrial user discontinues
use of the treatment works, its industrial cost recovery (ICR) payments
cease. Total ICR recovered from an industry which discontinues use
shall be the federal cost of the capacity used multiplied by the ratio
of its period of use to the ICR period.
[Amended 9-23-1998 by L.L. No. 3-1998; 5-1-2002 by L.L. No. 1-2002; 5-30-2006 by L.L. No. 1-2006]
A.
Residential, commercial and public users who are billed a residential
rate for water use shall be billed twice each year based on water
meter readings.
B.
Commercial and public users who are billed a commercial rate for
water use and all industrial users shall be billed monthly. Such users,
except for Beech-Nut Nutrition Corporation, and Canajo Manufacturing
Company and/or assign shall be billed based on water meter readings.
Beech-Nut Nutrition Corporation and/or assign shall be billed based
on total metered wastewater flows for outfall Nos. 01, 02, 03, 04
and 05. Canajo Manufacturing Company shall be billed based on the
total metered wastewater flows for outfall Nos. 01 and the water use
metered at outfall Nos. 02, 03, 04 and 05.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
All wastewater treatment bills shall be paid within four weeks of
the date of billing.
D.
Each quarter, the Village shall determine if the user surcharge charged
to Beech-Nut Nutrition Corporation and Canajo Manufacturing Company
should be adjusted based on documented use. On or before September
1, December 1, March 1 and June 1 (the surcharge review dates) of
each year, Beech-Nut Nutrition Corporation and Canajo Manufacturing
Company shall provide the Village with the most recent quarterly data
for industrial pollutant loads and total flows from their permitted
outfalls in a form acceptable to the Village. Using such data, and
data collected by the Village for the applicable quarter, the Village
shall determine if the user surcharge paid during the applicable quarter
accurately reflects the excess pollutant load discharged by such industrial
user.
(1)
If the pollutant loading during the applicable quarter is less than
the user surcharge previously billed for such quarter, the Village
shall credit the difference to the industrial user's account
to be applied against the next monthly wastewater treatment bill.
(2)
If the pollutant loading during the applicable quarter is greater
than the user surcharge previously billed for such quarter, the Village
shall charge the difference to the industrial user's account
to be added to the next monthly wastewater treatment bill.
[Amended 5-27-2008 by L.L. No. 1-2008]
A.
Any bill that is not paid within 30 calendar days of the date of
initial billing shall be deemed delinquent and 10% of the amount past
due shall be added to the bill as a penalty. In addition, interest
at the rate of 1% per month, or part thereof, calculated on the amount
past due and from the date of the initial bill shall be added to the
bill.
B.
The nonreceipt of any bill shall not release a user from liability
for any user charge, penalties or interest. In those instances where
it is determined that the Village of Canajoharie is responsible for
the nonreceipt of a bill, the Village may, in its discretion, and
upon application, waive any or all penalties and/or interest.
C.
User charges shall constitute and become a lien upon the real property
served by the sewer system upon issuance of an initial bill for such
charges.
D.
A user whose bill is not paid within 70 days of the date of initial
billing shall also be liable for an additional penalty of 1% per month,
or part thereof, of the amount of the initial billing; and
E.
Any user whose bill is delinquent shall be liable for all costs of
the Village associated with collecting the amounts in arrears, including,
with limitation, court costs, expert fees, attorneys fees, and cost
of lost employee time.
[1]
Editor's Note: Former § 121-19, Nonpayment
of bills, amended 9-23-1998 by L.L. No. 3-1998, was repealed 5-19-2009
by L.L. No. 2-2009.
[Added 9-23-1998 by L.L.
No. 3-1998; amended 9-27-1999 by L.L. No. 2-1999; 5-30-2001 by L.L. No. 1-2001; 5-1-2002 by L.L. No. 1-2002; 5-27-2003 by L.L. No. 1-2003; 5-18-2004 by L.L. No. 1-2004; 5-3-2005 by L.L. No. 2-2005; 5-30-2006 by L.L. No. 1-2006; 5-22-2007 by L.L. No. 2-2007; 5-27-2008 by L.L. No. 1-2008; 5-19-2009 by L.L. No. 2-2009; 5-27-2010 by L.L. No. 2-2010]
The user charge schedule shall be as follows:
|
User Charge Schedule
| ||
|---|---|---|
|
Regular user charge rate per 1,000 gallons of metered water
used for all users, except the permittees under Village of Canajoharie
industrial user discharge permits No. 1* and 2**
|
$9.73
| |
|
Regular user charge rate per 1,000 gallons of metered wastewater
discharged from outfall Nos. 01, 02, 03, 04 and 05 pursuant to Village
of Canajoharie industrial user discharge permit No. 1
|
$9.73
| |
|
Regular user charge rate per 1,000 gallons of metered wastewater
discharged from outfall No. 01 and water use metered on outfall Nos.
02, 03, 04 and 05 pursuant to Village of Canajoharie industrial user
discharge permit No. 2
|
$9.73
| |
|
Industrial user surcharge per month
| ||
|
IUDP No. 1
|
$13,102.74
| |
|
IUDP No. 2
|
$18,331.39
| |
|
Enforcement user surcharge per month
| ||
|
IUDP No. 1
|
$8,189.57
| |
|
IUDP No. 2
|
$143.77
| |
|
NOTES:
| |
|
*
|
Village of Canajoharie industrial user discharge permit No.
1 (IUDP No. 1) currently issued to Beech-Nut Nutrition Corporation.
|
|
**
|
Village of Canajoharie industrial user discharge permit No.
2 (IUDP No. 2) currently issued to Canajo Manufacturing Company.
|
|
***
|
The industrial user surcharge shall be recalculated quarterly as provided in § 121-14.
|
|
The sewer rates set forth above are based on the existing sewer
rate model based on the 2010/2011 anticipated flows and BOD/TSS loadings
and proposed budget. The Village Board may modify the sewer rates
(i.e., increase or decrease) as it deems necessary, in its sole discretion,
to ensure that the revenue is roughly equivalent to the Village's
anticipated budget.
| |
A.
Moneys. All user charge moneys shall be placed in the sewer account
fund. Such moneys shall be used only to pay the operation and maintenance
costs and to amortize the Village share of capital construction costs
of the wastewater treatment works.
B.
Expenditures. Expenditures shall be made from the user charge moneys
by the Village Treasurer in accordance with the detailed annual budget
and local laws authorized by the Village Board of Trustees.
C.
Audit. An audit shall be performed annually by a certified public
accountant selected by the Village Board of Trustees.
Industrial cost recovery revenues shall be managed in accordance
with requirements of 40 CFR 35. Money received shall be invested in
obligations of or guaranteed by the United States Government and accounts
shall be kept of these moneys and their interest. Fifty percent of
the money received, plus interest, shall be returned annually to the
United States Treasury. The remaining 50% of the moneys received,
plus interest, shall be distributed among three funds. An ICR administrative
fund shall be established but shall be limited to the incremental
costs of administering the ICR system over the costs of administering
the user charge (UC) system. At least 80% of the remaining moneys,
plus interest, shall be allocated to the dedicated fund to be used
for the allowable costs of any expansion, upgrading or reconstruction
of treatment works needed to meet requirements of the Clean Water
Act[1] and approved by the Environmental Protection Agency. The
remainder of the moneys, plus interest, retained by the Village shall
be allocated to a discretionary fund to be used as the Village desires,
except that it may not be used for industrial pretreatment facilities
or rebates to industrial users for complying with the UC/ICR systems.
[1]
Editor's Note: See 33 U.S.C. § 1251 et seq.
The following general conditions are hereby established and
are intended to comply with the regulations promulgated under 40 CFR
35, dated September 27, 1978.
Any user of the Village wastewater treatment works may appeal
to the Board of Trustees of the Village to reconsider the reasonableness
of the user charges and industrial cost recovery charges and to revise
the same. The appeal must be in writing and must specify the provisions
of the user charge or industrial cost recovery system in question,
state why such provisions are unreasonable and offer alternatives
for the Board's consideration. After obtaining such legal, engineering
and regulatory (Environmental Protection Agency) advice as may be
necessary, the Village Trustees shall rule on the appeal. The Village
Trustees may reject subsequent appeals which are not based on substantially
new information or changed conditions. The user charge and industrial
cost recovery systems, supporting documentation and billing records
and procedures shall be kept on file in the Village office and displayed
upon request to any interested person.
In the event that the Village treatment works is expanded or
upgraded in the future with P.L. 92-500 grant assistance, the user
charge industrial cost recovery systems shall be modified to equitably
allocate costs among all users. Additional industrial cost recovery
(IRC) charges associated with the cost of expansion will be incurred
only by those users reserving expanded capacity or whose added waste
discharge necessitates the expansion of treatment capacity. Additional
ICR charges associated with the cost of upgrading the treatment works
will be incurred by all users. User charges will be equitably allocated
among all users.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
New users shall be assigned to a user class and shall pay the
prevailing user charges for that user class, starting with the date
of connection to the Village sewer system. New users shall be evaluated
to determine if they meet the definition of industrial user given
by 40 CFR 35.2005. Industrial users shall be subject to the industrial
cost recovery system at prevailing charges until such time as a successful
appeal or other event warrants modifying the industrial cost recovery
system. Industrial cost recovery payments by a new industry start
on the date of connection and continue for the unexpired portion of
the ICR period or until the industry ceases use of the facility. Total
ICR payments recovered from a new industry shall be the federal cost
of the capacity used multiplied by the ratio of its period of use
to the ICR period.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Wastewater characteristics of each industrial user shall be
monitored by the Village of Canajoharie and recorded as basis for
modifying the UC/ICR systems. The level of monitoring will differ
for major and minor industries. Monitoring for BOD, suspended solids
and other appropriate characteristics will be performed by the Village
for each major industrial user at quarterly intervals or more frequently
if, in the judgment of the Village, shorter intervals are necessary
to record variations in flow or loading. A "major industry" is defined
as one contributing 10% or more of treatment plant design flow or
load or as contributing toxic or hazardous wastes. Annual monitoring
for BOD, suspended solids and other appropriate characteristics will
be performed for each "minor industrial user," defined as an industrial
user which does not meet the definition of major industrial user.
Monitoring will be conducted during periods of normal production and
flow. Industrial users must make necessary arrangements for and cooperate
with Village representatives collecting samples in accordance with
these monitoring requirements.
A.
The Village Trustees shall consider proposing revisions to the user
charge/industrial cost recovery systems, upon occurrence of one or
more of the following events:
(1)
User charge rates shall be reassessed at least every two years.
(2)
A successful appeal by a residential or industrial user.
(3)
Expansion or upgrading of the wastewater treatment works.
(4)
Monitoring results indicate that industrial cost recovery rates for
one or more industrial users should be increased or decreased.
B.
The Village Trustees shall receive all pertinent information from
the interested parties relating to the revisions and shall propose
revisions of the user charge/industrial cost recovery systems for
approval by the United States Environmental Protection Agency (EPA).
Engineering and legal opinions shall accompany the proposed revisions.
Upon agency approval, the Village shall execute a resolution to revise
the UC/ICR systems as approved.
A.
The Village shall maintain, for the duration of the cost recovery
period, such records as are necessary to document compliance with
the grant requirements. These records shall include the following:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
Documentation of the final grant amount.
(2)
The originally approved industrial cost recovery system and all documentation
related thereto.
(3)
All subsequent revisions to the industrial cost recovery system and
all documentation related thereto.
(4)
A list of contributing industries and their wastewater loads to the
system.
(5)
Information on the total wastewater loading of the system.
(6)
The grantee's notification to the EPA of initiation of operation
of the industrial cost recovery system.
(7)
All approvals of the use of retained funds.
(8)
The record of the grantee's annual payments to the EPA and documentation
related thereto.
(9)
Records relating to retention and investment of those funds set aside
for future expansion and reconstruction.
B.
These materials are required for all audits and shall be made available
to representatives of the EPA or the State of New York upon request.
In addition, these materials shall be available at the Village office
for inspection upon request by users and the public.
