The Administrator may require that any person discharging or proposing to discharge wastewater into a community sewer file a period discharge report. The discharge report may include but not be limited to nature of process, volume, rates of flow, mass emission rate, or other information which relates to the generation of waste including wastewater discharge. Such reports may also include the chemical constituents and quantity of liquid or gaseous materials stored on site even though they are not normally discharged. In addition to discharge reports, the Administrator may require information in the form of wastewater discharge permit applications and self-monitoring reports.
A. 
Mandatory permits. Any significant or major contributing industry must obtain an industrial wastewater permit within 120 days after notification by the Administrator. Any new significant or major contributing industry that will be connecting to the community sewer must obtain a wastewater discharge permit prior to discharging into the sewer.
B. 
Optional permits. The Administrator may issue a wastewater discharge permit to any user upon application, in accordance with the terms of this section in the following categories:
(1) 
A user who requests charges and fees to be based on an estimate of wastewater flow; or
(2) 
Any user whose wastewater strength is less than the normal range for the user classification to which he is assigned because of pretreatment, process changes or other reasons.
C. 
Permit application.
(1) 
Users seeking wastewater discharge permit shall complete and file with the Administrator, an application in the form prescribed by the Administrator, and accompanied by the applicable fees. The applicant may be required to submit, in units and terms appropriate for evaluation, the following information:
(a) 
Name, address and SIC number of applicant.
(b) 
Volume of wastewater to be discharged.
(c) 
Wastewater constituents and characteristics including but not limited to those mentioned in § 221-24 as determined by a certified laboratory approved by the agency.
(d) 
Time and duration of discharge.
(e) 
Average and thirty-minute 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 and appurtenances by size, location and elevation.
(g) 
Description of activities, facilities, and plant process on the premises, including all materials, processes and types of materials which are or could be discharged.
(h) 
Each product produced by type, amount and rate of production.
(i) 
Number and type of employees and hours of work.
(j) 
Any other information as may be deemed by the Administrator to be necessary to evaluate the permit application.
(2) 
The Administrator will evaluate the data furnished by the user and may require additional information. After evaluation and approval of all the data required, the Administrator may issue a wastewater discharge permit subject to terms and conditions provided herein.
D. 
Permit conditions. Wastewater discharge permits shall be expressly subject to all provisions of this Part 2 and all other ordinances, regulations, charges, and fees established by the City of Cortland Waste Water Treatment Plant, Administrator or Village Board. The conditions of wastewater discharge permits shall be uniformly enforced by the Administrator in accordance with this Part 2, and applicable state and federal regulations. Permits may contain the following:
(1) 
The unit charge or schedule of charges and fees for the wastewater to be discharged to a community sewer.
(2) 
The average and maximum wastewater constituents and characteristics.
(3) 
Limits on rate and time of discharge or requirements for flow regulations and equalizations.
(4) 
Requirements for installation of inspection and sampling facilities.
(5) 
Pretreatment requirements.
(6) 
Specifications for monitoring programs which may include sampling locations, frequency and method of sampling, number, types and standards for tests and reporting schedule.
(7) 
Requirements for submission of technical reports or discharge reports.
(8) 
Requirements for maintaining plant records relating to wastewater discharge as specified by the City of Cortland Waste Water Treatment Plant, and affording City of Cortland Waste Water Treatment Plant access thereto.
(9) 
Mean and maximum mass emission rates or other appropriate limits.
(10) 
Other conditions as deemed appropriate by the City of Cortland Waste Water Treatment Plant to ensure compliance with this Part 2.
E. 
Duration of permits. Wastewater discharge permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than one year and may be stated to expire on a specific date. The terms and conditions of the permit may be subject to modification and change by the Administrator during the life of the permit as limitations or requirements as identified in § 221-24 are modified or changed. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
F. 
Transfer of a permit. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation.
G. 
Revocation of a permit. Any user who violates the conditions of the wastewater discharge permit, any provisions of this Part 2, applicable state or federal regulations, or any of the following, is subject to having his permit revoked:
(1) 
Failure of a user to factually 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.
A. 
Users who propose to discharge wastewater with constituents and characteristics different from that produced by a domestic premises (see § 221-40 herein) will be required to install a monitoring facility.
B. 
When more than one user can discharge into a common building sewer, the City of Cortland Waste Water Treatment Plant may require installation of a separate monitoring facility for each user. Also, when, in the judgment of the Administrator, there is a significant difference between multiple discharges from a single user, the Administrator may require that separate monitoring facilities be installed for each separate discharge.
C. 
Monitoring facilities that are required to be installed shall be constructed, operated and maintained at the user's expense. The purpose of the facility is to enable inspection, sampling, and flow measurement of wastewaters produced by a user. If sampling or metering equipment is also required by the City of Cortland Waste Water Treatment Plant, it shall be provided, installed, and operated at the user's expense. The monitoring facility will normally be required to be located on the user's premises outside of the building. The Administrator may, however, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area, with the approval of the public agency having jurisdiction over that street or sidewalk, and located so that it will not be obstructed by landscaping or parked vehicles.
D. 
If the monitoring facility is inside the user's fence, there shall be accommodations to allow safe and immediate access for Administrator's personnel, such as a gate secured with an Administrator's lock. There shall be ample room in or near such facility to allow accurate sampling and compositing of samples for analysis. The entire facility and the sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition by and at the expense of the user.
E. 
Whether constructed on public or private property, the monitoring facilities shall be constructed in accordance with the Administrator's requirements and all applicable NYS Code construction standards and specifications.
F. 
When, in the judgment of the Administrator, an existing user requires a monitoring facility, the user will be so notified, in writing. Construction must be completed within 90 days following written notification unless a time extension is otherwise granted by the Administrator.
The Administrator may inspect the facilities of any user to ascertain whether the purpose of this Part 2 is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the Administrator or his representative ready access at all reasonable times to all parts of the premises for the purpose of inspection or sampling or in the performance of any of their duties. The Administrator shall have the right to set up on the user's property such devices as are necessary to conduct sampling or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel of the Administrator will be permitted to enter without delay for the purposes of performing their specific responsibilities.
Users shall make wastewater acceptable under the limitations established herein before discharging into any community sewer. Any facilities required to pretreat wastewater to a level acceptable to the Administrator shall be provided and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operation procedures shall be submitted to the City of Cortland Waste Water Treatment Plant for review, and shall be approved by the Administrator before construction of the facility. The review and approval of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent complying the provisions of this Part 2. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be approved by the Administrator.
A. 
Each user shall provide protection from accidental discharge of prohibited materials or other wastes regulated by this Part 2. Facilities to prevent accidental discharge or prohibited materials shall be provided and maintained at the user's expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the Administrator for review, and shall be approved by the Administrator before construction of the facility.
B. 
The review and approval of such plans and specifications will in no way relieve the user from the responsibility of modifying the facility as necessary to provide the protection necessary to meet the requirements of this Part 2.
A. 
All information and data on a user obtained from reports, questionnaires, permit applications, permits, and monitoring programs, and from inspections, shall be available to the public or any other governmental agency without restriction unless the user specifically requests that such information be treated as confidential and shows that the release of such information on processes or methods would be detrimental to the user's competitive position.
B. 
When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available to governmental agencies for use in making studies. Such portions of a report shall also be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.
C. 
Information, accepted by the Administrator as confidential, shall not be transmitted to any other governmental agency until such time that the Administrator has assurance of its confidential treatment and only after adequate notification is given to the user.
A. 
Special agreements and arrangements between the Administrator or Village Board and any persons or agencies may be established when, in the opinion of the Administrator, unusual or extraordinary circumstances compel special terms and conditions, subject to the approval of the City of Cortland Department of Wastewater Treatment.
B. 
No such special agreement or arrangement, however, shall have the affect of modifying or revising any effluent limitations established in accordance with the federal Act unless such a revision is granted in accordance with mechanisms established under 40 CFR 403.7.
In addition to Administrator's personnel, employees from the United States Environmental Protection Agency and the New York State Department of Environmental Conservation shall be given access for the purpose of inspection, observation, measurement, sampling and testing.
The Village, in order to comply with applicable federal and state laws and regulations, and to provide an equitable method for the payment of the cost of the construction, operation, maintenance, and debt service of the Village sewer system and wastewater treatment plant, establishes and imposes, pursuant to Village Law, Articles 12, 12-A and 12-C, and other applicable statutory authority, an annual sewer rent charge and special assessment upon the real property of the users of said system within the Village. In addition, the Village Board is authorized and empowered to enter into such agreements with other municipalities and persons or to enact necessary legislation to ensure that users of said system located outside of the Village shall pay an equitable portion of the cost of the system.
A. 
Sewer charges shall be billed quarterly on January 1, April 1, July 1 and October 1, and sewer charges determined as close to said dates as is practicable. Special assessments shall be billed annually with property tax bills.
B. 
The sewer charge shall be determined on each of the foregoing dates by multiplying the number of 1,000 gallons of water (rounded to the nearest whole number) used by a user for the preceding three months as determined by the Administrator, by the sewer rate as determined by the administrator and approved by the Village Board. The special assessment rate, per unit, shall be determined by dividing the total estimated capital costs for the upcoming year (bond interest and principle, capital fund contributions, or the sums attributed to capital projects) by the estimated past year's water usage in 1,000 gallons. Each sewered property, or property within 100 feet of a Village sewer, shall be assessed one unit. Each 75,000 gallons of water usage or 100 feet of property frontage along the sewer shall represent one unit, whichever is greater. Where the past year's water usage is not available, Administrator shall estimate usage.
C. 
In the case of a user who contributes an amount of sewage substantially less or greater than the amount of metered water used by the user, the Administrator shall determine a fair and equitable sewer charge and special assessment, taking into consideration the provisions of Article IV of this Part 2 and such rules and regulations as may be prescribed by the Administrator or Village Board. Substantial for the purposes hereof shall mean at least 15%.
D. 
Any user aggrieved by a sewer charge or special assessment shall present his grievance to the Village Board through the Administrator. Such Board shall have the power to review such grievance and to affirm or modify the sewer charge or special assessment. If the charge is modified, the Board shall state its reasons, in writing, and shall order that a refund be paid to the grievant.
A bill for each quarterly sewer charge shall be mailed on or about the dates set forth in the preceding section to the last-known owner of each metered premises in the Village as shown on the records of the Administrator. Payment of such bill at the office of the Village Offices shall be made no later than 30 days from the date of the billing. Failure to timely mail such bill or failure of any user to receive such billing shall not be an excuse for nonpayment.
Penalties for late or nonpayment of an installment of sewer rents and special assessments shall be 10% of the amount due, and such penalty shall be added to the unpaid sewer rent in arrears for 30 days or longer. If the sewer rent remains unpaid for 60 days from the date due, the sewer service is subject to being discontinued without notice. Penalties for late or nonpayment of an installment of sewer rents and special assessments are hereby fixed as, and made nonincidental with, those penalties fixed after late payment or nonpayment of real property taxes as currently established and as amended from time to time by the Village Board.
Sewer rents, special assessments and penalties shall constitute a lien upon the real property within the Village to the extent set forth in General Municipal Village § 425 and Town Law § 198, and the Village may enforce the collection of delinquent sewer rents and special assessments by any method authorized by said sections.
Industrial users connected to the sewer system by any means shall pay an industrial user charge for the utilization of the treatment works for discharging industrial waste or other wastes accepted for discharge. The industrial user shall consist of but not be limited to the following charges:
A. 
Operation and maintenance charges attributed to treatment at the City of Cortland Wastewater Treatment Plant and conveyance in the Village sewer collection system.
B. 
A special assessment as described in § 221-40. The total industrial waste surcharge (IWS) is computed using the following equations:
(1) 
The total local charge (TLC) is the sum of the operation and maintenance charge (IC) and the debt retirement charge (ILS):
TLC = IC + ILS
(2) 
The industrial waste surcharge (IWS) is the total local charge less any taxes (TX) as provided by law paid by the user which provides revenue for operating and/or paying the capital cost of a treatment facility. If the taxes (TX) are greater than the total local charges (TLC), there shall be no reimbursement:
IWS T = TLC = TX
The industrial waste surcharge shall be based upon the measured or estimated constituents and characteristics of the wastewater discharge of the user which may include, but not be limited to, flow rate, biochemical oxygen demand, total suspended solids and nitrogen. The wastewater constituents used to calculate the industrial waste surcharge will be those determined by the Administrator. Any data provided by the user may be used in addition to the data obtained by the Administrator.
In applying the surcharge formula, the Administrator may represent the flow discharged into the system by:
A. 
The amount of water supplied to the premises as shown on the water meter.
B. 
The volume of wastewater discharged into the sewer system as determined by measurements and samples taken at a monitoring facility installed by the owner of the property served by the sewer system.
C. 
Allowance for water not discharged to the sewer system will be made at the discretion of the Administrator.
D. 
A figure determined by the Administrator by a combination of the foregoing.
A. 
The pollutant concentration of any wastewater shall usually be determined from representative samples discharged to the community sewers, taken by representatives of the Administrator at sampling stations as described in §§ 221-31 and 221-32, at any period, or time, or of such duration and in such manner as the Administrator may elect, or at any place or manner mutually agreed upon between the user and the Administrator. The intent of any sampling procedure is to establish the pollutant concentration in the wastewater discharge during an average or typical working day.
B. 
The analysis of samples taken shall be performed in a laboratory of the department, or a laboratory designated by the Administrator, and the surcharge and/or acceptability of the wastes shall be determined from said analysis.
C. 
All surcharges shall be based on the analysis of the wastes from any plant or premises related to the analysis of the total volume of wastes received at the treatment plant. The average value of the concentrations of pollutants measured during a calendar year shall be used in calculating the industrial waste surcharge.
D. 
Whenever the wastes discharged from a premises to a public sewer might be expected to show appreciable variation during the year due to manufacturing process or production variation due to seasonal changes, the Administrator may average the results of the two or more series of analysis taken to reflect these variations and thereby determine an average pollutant concentration.
In the event that the pollutant concentration of the waste discharged from a premises to a public sewer as determined under the preceding section is disputed by a user, a program of resampling and flow measurement with subsequent analytical determination may be instituted as follows:
A. 
The person must submit a request for resampling and flow measurements of the wastes to the Administrator.
B. 
A consultant of recognized professional standing in the employ of the user must confer with representatives of the Administrator in order that an agreement may be reached as to the various factors which must be considered on a new sampling program.
C. 
The consultant of recognized professional standing employed by the user shall conduct a resampling and reanalysis program, under the direction of the Administrator, for a period of not less than 48 hours.
D. 
The results of the resampling and reanalysis shall be considered to be the current analysis of the wastes discharged to the sewer system and shall be used for determining the acceptability of the sampling and analysis results in question. The new results shall be used in place of the results in question or in addition to other data collected by the department for determining the industrial waste surcharge and/or compliance with the requirements of this chapter.
In determining the industrial user charge and the payment, collection, and penalties therefor, the applicable provisions of §§ 221-41 through 221-42 are made a part hereof as if set forth in full herein.
A. 
Notification of discharge. To enable countermeasures to be taken by the Administrator to minimize damage to the community sewerage treatment facility, treatment processes, and the receiving waters, users shall notify the Administrator immediately upon discharging wastes in violation of limitations contained in this Part 2 due to:
(1) 
Breakdown of pretreatment equipment.
(2) 
Accidents caused by human error or negligence or mechanical failure.
(3) 
Other causes, such as acts of nature. The Administrator shall be notified within five days of the date of occurrence by a detailed written statement describing the causes of the discharge and the measures being taken to prevent future occurrences. Such notification will not relieve users of liability for any expense, loss or damage to the sewer system, treatment facility, or treatment process, or for any fines imposed on the Department on account thereof under Section 309 of the federal Act.[1]
[1]
Editor's Note: See 33 U.S.C. § 1319.
B. 
Notice to employees. In order that employees of the users be informed of Administrator's requirements, users shall make available to their employees copies of this chapter, together with such other wastewater information and notices which may be furnished by the department from time to time directed toward some effective water pollution control. A notice shall be furnished and permanently posted on the user's bulletin board advising employees whom to call in case of an accidental discharge in violation of this Part 2.
A. 
When the Administrator finds that a discharge of wastewater has been taking place, in violation of this Part 2, effluent limitations, pretreatment standards or provisions of an industrial waste discharge permit, the Administrator may issue to the user a detailed time schedule of specific actions which the user shall take in order to prevent or correct a violation.
B. 
The Administrator may also require the submission of specific reports or communications by specific dates in order to monitor the user's progress toward obtaining or maintaining compliance.
Any industrial user, permit applicant or permit holder who is in disagreement with any decision, action or determination made by the Administrator interpreting or implementing the provisions of this Part 2 may file with the Administrator a written request for reconsideration within 14 days. Such written request shall set forth in detail the facts supporting the industrial user's request for reconsideration. The Administrator's decision, action, or determination shall remain in effect during such period of reconsideration. Any user aggrieved by a decision of the Administrator may appeal such decision in any manner provided by law.
Any person who knowingly makes any false statements, representations, record, report, plan or other document filed with the Administrator, Village Board, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this Part 2, is hereby declared in violation of this Part 2 and subject to the penalties for violation in Article VIII.
All measurements, tests and analyses of the constituents and characteristics of waters and wastes to which reference is made in this Part 2 shall be determined in accordance with the latest editions of "Standard Methods for the Examination of Water and Wastewater" and the "Methods for Chemical Analysis of Water and Waste" and the latest version of 40 CFR Part 136, "Analysis of Pollutants."
At the decision of the Administrator, an industrial user may be required to post a bond payable to the Village of Homer as security for payment of the following:
A. 
Fines levied because of violation of this Part 2.
B. 
Industrial waste surcharge.
C. 
Any expense, loss or damage occasioned by the department due to the discharge of industrial waste.
In order to effect its power, the Administrator may enter upon private property for the purpose of inspection and maintenance of sanitary and waste disposal facilities and may terminate service to property in which a violation of any provision of this Part 2 is found to exist.
The Administrator shall not terminate service to a user and/or revoke a discharge permit without first delivering to the user written notice of such proposed termination and/or revocation. The notice shall state the reason or reasons of said termination or revocation and shall allow 30 days for the satisfactory compliance with this Part 2. If after the 30 days the user does not make satisfactory and substantial progress to eliminate or correct the conditions which caused such notice to be given, service shall be terminated. The termination of service shall continue until such time as the user has corrected the conditions which violate the provisions of the law.
A. 
Notwithstanding any other provision of this Part 2 or any other local law, whenever the Administrator finds, after investigation, that any user is causing, engaging in, or maintaining a condition or activity which, in his judgment, presents an imminent danger to the public health, safety or welfare, or to the environment, or is likely to result in irreversible or irreparable damage to the community sewer system, and it therefore appears to be prejudicial to the public interest to delay action until notification requirements of § 221-57 can be complied with, the Administrator may order such user by notice, in such form as in his judgment will reasonably notify such person whose practices are intended to be proscribed, to forthwith discontinue, abate, or alleviate such condition or activity. In the event of a user's failure to comply voluntarily with such emergency order, or where the giving of notice is impracticable, the Administrator may take all appropriate action, including severance of the user's sewer connection, to abate the violating condition. As promptly as possible thereafter, not to exceed 10 days, the Administrator shall provide the user with written notification In accordance with the provisions of § 221-57.
B. 
The Administrator, 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 preserve the community sewer system.