[HISTORY: Adopted by the Town Board of the Town of Niskayuna 3-18-1997
by L.L. No. 3-1997.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Sewers — See Ch. 173.
[1]
Editor's Note: This local law also provided for the repeal of
Art. VII of the Sanitary Code for Sewer District No. 6 of the Town of Niskayuna,
entitled "Use of Septage Dump Station," adopted 4-2-1985.
It is the purpose of this chapter to provide for the health, safety
and welfare of the residents of the Town of Niskayuna and the owners of property
within the Town of Niskayuna by regulating the disposal of septage within
the Town of Niskayuna.
DISPOSE OF — To discharge, deposit or place any septage
waste within the Town or any part of the Town so that such material or any
related constituent thereof may enter the environment or be discharged into
any waters of the state including groundwaters thereof.
Sewer District No. 6 of the Town of Niskayuna.
Liquid waste from industrial manufacturing processes, trades or businesses.
Any individual, public corporation or private corporation, business
corporation, industry, partnership, association, firm or other legal entity.
The contents of a septic tank, cesspool or other individual or commercial
sewage treatment facility which receives domestic sewage waste.
The Town of Niskayuna.
All liquid hazardous waste as defined by the Environmental Protection
Agency.
No person shall dispose of or cause to be disposed of any septage within
the Town except at the Niskayuna Wastewater Treatment Plant on Whitmyer Drive
in the Town of Niskayuna.
Only septage waste may be disposed of at the Niskayuna Wastewater Treatment
Plant.
All septage waste transported to the Niskayuna Wastewater Treatment
Plant shall be contained within the vehicle transporting same.
A.
No person shall discharge or cause to be discharged any
septage waste at the Niskayuna Wastewater Treatment Plant if, in the opinion
of the Superintendent of Water and Sewer or his designee, such waste would
harm the wastewater treatment plant process or equipment. The Superintendent
of Water and Sewer or his designee will give consideration to such factors
as quantities of subject waste, nature of the wastewater treatment plant process,
capacity of the wastewater treatment plant, degree of treatability of the
waste in the wastewater treatment plant and other pertinent factors.
B.
No person shall discharge or cause to be discharged any
toxic or industrial waste at the Niskayuna Wastewater Treatment Plant.
No person shall discharge or cause to be discharged any septage waste
at the Niskayuna Wastewater Treatment Plant except at the places and in the
manner directed by the person in charge of said facility under authority of
the Superintendent of Water and Sewer, whether such direction shall be given
personally or by another person by this authority or by a sign or signs erected
upon the premises.
A.
All septage transporters using the Niskayuna Wastewater
Treatment Plant shall be required to obtain a license from the Niskayuna Town
Clerk upon payment by the applicant of a fee for each truck or conveyance
used to collect septage. The amount of such fee shall be determined by resolution
of the Town Board. Licensing shall be subject to approval of the Superintendent
of Water and Sewer or his designee.
B.
Certificate of insurance.
[Added 5-19-1998 by L.L. No. 4-1998]
(1)
All persons licensed pursuant to this section shall file
with the Niskayuna Town Clerk a certificate of insurance upon obtaining a
license showing in force a policy of insurance with the following requirements:
(2)
Such certificate of insurance shall provide insurance
coverage for the time period covered by the license. The Town of Niskayuna
shall be named on the certificate of insurance as an additional insured and
a certificate holder.
C.
All licenses issued for the calendar year shall be for
the period covering January 1 through December 31 of that year, except that
licenses issued subsequent to January 1 shall be for the period extending
from the date of issuance through December 31 of that year. The above-described
fees shall not be prorated when a license is issued for a portion of a calendar
year. Licenses for each calendar year may be secured on or after November
1 of the preceding calendar year, to be effective on the following January
1.
It shall be a violation of this chapter to discharge or cause to be
discharged any septage waste on the premises of the above-described Wastewater
Treatment Plant without first obtaining the license provided for in the above
section.
The Superintendent of Water and Sewer or his designee is charged with
and shall have the right to inspect all vehicles transporting septage waste
in the Town. Any person applying for and obtaining a license to discharge
septage waste at the Niskayuna Wastewater Treatment Plant consents to inspection
of any licensed vehicle by the Superintendent of Water and Sewer or his designee.
The Superintendent of Water and Sewer or his designee may revoke any
license issued under the authority of this chapter if it is determined that
the holder of such license has violated the provisions of this chapter.
A.
Domestic septage waste material removed from residential
or commercial septic tanks located in the Town of Niskayuna are permitted
to be discharged at the Wastewater Treatment Plant of Sewer District No. 6,
provided that the septage hauler obtains a license from the Town Clerk and
agrees to all license requirements as specified in the Code of the Town of
Niskayuna and by the New York State Department of Environmental Conservation.
B.
The Superintendent of Water and Sewer or his designee
shall have the right to reject any and all septage deliveries if, in his opinion,
plant operations may be adversely effected by continued operation of the septage
dump station or the acceptance of a particular septage delivery.
C.
Septage transporters accept full responsibility for the
septage discharged at the Wastewater Treatment Plant and must ensure and warrant
that said materials do not violate any section of this chapter or any of the
rules and regulations established by the New York State Department of Environmental
Conservation regarding the hauling and disposal of septage.
D.
The Town reserves the right to randomly obtain a grab
sample of septage from any person transporting septage waste in the Town,
have it analyzed, charge extra if appropriate and assess fines or penalties
if appropriate.
The Town Board of the Town of Niskayuna shall, by resolution, establish
a schedule of charges and/or fees, in addition to the license fee, to be levied
upon septage waste transporters for the cost of discharging septage at the
Niskayuna Wastewater Treatment Plant. The charge and/or fee for the discharge
of septage will be based upon the size of the container on the vehicle until
such time that equipment is added which would allow for accurate measurement
of the quantity of discharge. Failure to pay accrued discharge fees within
30 days will be grounds for permit revocation.
The Niskayuna Wastewater Treatment facility shall be open for the disposal
of septage waste during the hours set by the Superintendent of Water and Sewer
or his designee and shall be so posted. The facility shall be closed for the
disposal of septage waste during all New York State and federal holidays.
All entry upon and/or use of said facility at times other than during the
hours which it is opened is prohibited.
No unauthorized person shall maliciously, willfully, intentionally or
negligently break, damage, destroy, uncover, deface or tamper with any structure,
appurtenance or equipment which is a part of the Niskayuna Wastewater Treatment
Plant.
A.
Any person who shall violate any of the provisions of
this chapter shall become liable to the District for any expense, loss or
damage occasioned by the District by reason of such violation, and such liability
shall be in addition to any fines listed below.
B.
Any person who shall violate any of the
provisions of this chapter or fail to comply therewith or with any of the
provisions thereof shall be guilty of a misdemeanor and, upon conviction thereof,
shall be subject to a fine not to exceed $5,000 for each offense or to a term
of imprisonment for a period not to exceed one year, or both such fine and
term of imprisonment.
