Village of Scotia, NY
Schenectady County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Scotia: Art. I, 6-15-1976 as L.L. No. 3-1976; Art. II, 4-10-1985 as L.L. No. 1-1985. Amendments noted where applicable.]
GENERAL REFERENCES
Department of Public Works — See Ch. 72.
Fire prevention and building construction — See Ch. 150.
Plumbing — See Ch. 188.
Street excavations — See Ch. 210, Art. I.
Water — See Ch. 245.
[Adopted 6-15-1976 as L.L. No. 3-1976]
As used in this Article, the following terms shall have the meanings indicated:
BIOCHEMICAL OXYGEN DEMAND (BOD)
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty degrees Celsius (20° C.), expressed in milligrams per liter.
DOMESTIC USER
Any user who discharges primarily segregated domestic waste into the system.
DOMESTIC WASTE
Normal sanitary waste from sanitary conveniences having concentrations of suspended solids of less than three hundred (300) milligrams per liter and biochemical oxygen demand (BOD) of less than three hundred (300) milligrams per liter.
ECONOMIC DEVELOPMENT ZONE
A specific geographic area duly established, designated and adopted as an area for economic development, known as an "Economic Development Zone," by local governmental agencies and duly endorsed by the New York State Department of Economic Development and filed with the New York State Department of State.
[Added 2-14-1996 by L.L. No. 2-1996]
INDUSTRIAL USER
Any user who discharges primarily industrial wastes into the system.
INDUSTRIAL WASTE
The liquid waste from industrial manufacturing processes, trade or business as distinct from domestic sanitary sewage and shall include uncontaminated cooling water and pretreated process wastes having concentrations of suspended solids in excess of three hundred (300) milligrams per liter and biochemical oxygen demand (BOD) in excess of three hundred (300) milligrams per liter.
OPERATION AND MAINTENANCE COST
Costs associated with operation and maintenance, replacement, debt service and City of Schenectady sewer system charges.
PART (as used in relation to the term "sewer system")
Includes all branch sewers or all interceptor sewers or all trunk sewers and any sewage treatment and disposal works, each part with necessary appurtenances, including sewage pumping stations.
SEWAGE
Includes all water-carried wastes from residences, buildings, industrial establishments or other places which may lawfully be discharged into the sewage system pursuant to any village ordinance regulating the use of such sewage system.
SEWER SYSTEM
Includes all sewer pipes and other appurtenances which are used or useful, in whole or part, in connection with the collection, treatment or disposal of sewage and which are owned, operated or maintained by the village, including sewage pumping stations and sewage treatment and disposal works.
SUPERINTENDENT OF PUBLIC WORKS
The Superintendent or other head, acting or otherwise, of the Department of Public Works of the Village of Scotia.
SUSPENDED SOLIDS
Solids that either float on the surface of or are in suspension in water, sewage or other liquids and which are removable by laboratory filtering.
VILLAGE
The Village of Scotia.
VILLAGE CLERK-TREASURER
The Village Clerk-Treasurer of the Village of Scotia.
VILLAGE ENGINEER
The Village Engineer of the Village of Scotia.
A. 
Pursuant to § 10 of the Municipal Home Rule Law, § 10 of the Statute of Local Governments and Article 14-F of the General Municipal Law, the village hereby establishes and imposes sewer use charges for the use of the sewer system or any part or parts thereof applicable both to users located within the village and to users located outside of the village, whether within sewer districts or otherwise, and establishes and imposes such sewer use charge as an annual charge on the real property within the village using such sewer system.
[Amended 10-13-1993 by L.L. No. 4-1993]
B. 
The amount of such sewer use charge shall be based on consumption of water.[1] The user charge will apportion the total sewer system operation and maintenance cost among system users in the proportion of user water consumption to total water consumption. However, in no event will user water consumption, for purposes of this computation, be less than a certain minimum to be determined, from time to time, by resolution of the Board of Trustees of the village.[2] In the case of consumers of water who discharge into the sewer system an amount of sewage substantially less than or substantially greater than the amount of water supplied to such customer, the amount of the sewage discharged into the sewer system may be determined or estimated by the Superintendent of Public Works upon such measurements, certifications or representations obtained at the consumer's expense and at no cost or expense to the village as he shall determine to be appropriate in the circumstances, and the sewer use charge thereon shall be computed as above with the water consumption deemed to equal sewage discharge for computation purposes. The Village Engineer or Superintendent of Public Works may require any user of the sewer, whether located within the village or outside the village, to install and maintain a sewer meter, gauge or other suitable measuring device which is acceptable to the Village Engineer or Superintendent of Public Works at the user's expense and at no cost or expense to the Village of Scotia.
[1]
Editor's Note: See Ch. 245, Water, § 245-12.
[2]
Editor's Note: See Ch. 135, Fees.
C. 
In the event of a surcharge to the village, by reason of Section 5(5) of the City of Schenectady Contract for Treatment and Disposal of Sanitary Sewage, the village shall receive indemnification for such surcharge. The total amount of the reimbursement will be apportioned among system users contributing to the surchargeable condition on a pro rata basis. When monitoring or testing of sewage discharge characteristics is deemed necessary by the village for surcharge contribution and apportionment purposes, costs of such monitoring or testing and the construction cost of facilities required therefor shall be borne by the individual system user.
A. 
In accordance with regulations promulgated by the United States Environmental Protection Agency (USEPA), the Village of Scotia will recover from industrial users of the sewage system that portion of the federal grant (awarded to the village for construction of said system) which is allocable to the treatment of wastes from such users. This section shall apply to all users who discharge industrial wastes into the sewage system.
B. 
The cost recovery period shall be equal to thirty (30) years or the useful life of the sewage system, whichever is less.
C. 
Each year during the recovery period, each industrial user of the sewage system shall pay an amount equal to its share of the federal grant divided by the recovery period. The annual amount will be prorated over a twelve-month period, with adjustments made thereto at year end where necessary. Each industrial user will be billed for and shall make monthly payments concurrently with the monthly payment of his sewer use charge.
D. 
An industrial user's share of the federal grant shall be a percentage of the grant cost equal to the proportion of user peak flow to total design peak flow less unused reserve capacity and infiltration/inflow.
E. 
The amount of the annual payment required from each industrial user will be calculated initially on an estimated basis. At the end of the first year, when actual data becomes available, necessary adjustments will be made to the first year's charges. The data will then be utilized to estimate the second year's cost recovery amount in the same manner. This procedure will establish the basis for determining the monthly payments at the beginning of each year, as prescribed in Subsection C, and will be applied to each industrial user for all subsequent years of the cost recovery period.
F. 
Complaints and review.
(1) 
Any user claiming to be aggrieved by any surcharge, assessment or cost apportionment made under this section may seek review of said charge by serving a notice, in writing, of application for review with the Village Clerk-Treasurer within thirty (30) days of notice of said charge.
(2) 
At a time and place during specified hours, the Board of Review shall meet to hear complaints in relation to any surcharge, assessment or cost apportionment. The Board of Trustees, together with the Superintendent of Public Works, shall constitute the Board of Review.
G. 
The provisions of this Article providing for industrial cost recovery shall become effective and operate from the date construction on the system is completed or the date of the first beneficial use, operation or occupancy of any portion thereof, whichever first occurs.
[Adopted 4-10-1985 as L.L. No. 1-1985]
A. 
This Article sets forth uniform requirements for indirect contributors into the wastewater collection and treatment system for the City of Schenectady and enables the city to comply with all applicable state and federal laws.
B. 
The objectives of this Article are:
(1) 
To prevent the introduction into the municipal wastewater system of pollutants which will interfere with the operation of the system or contaminate the resulting sludge.
(2) 
To prevent the introduction of pollutants into the municipal wastewater system which will pass through the system, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the system.
(3) 
To improve the opportunity to recycle and reclaim wastewaters and sludges from the system.
(4) 
To provide for equitable distribution of the cost of the municipal wastewater system.
C. 
This Article provides for the regulation of indirect contributors to the municipal wastewater system through the issuance of permits to certain nondomestic users and through enforcement of general requirements for the other users, authorizes monitoring and enforcement activities, requires user reporting, assumes that existing customers' capacity will not be preempted and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.
A. 
As used in this Article, the following terms shall have the meanings indicated:
ACT or THE ACT
The federal Water Pollution Control Act, also known as the "Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.
APPROVAL AUTHORITY
The Director in a NPDES state with an approved state pretreatment program and the Administrator of the EPA in a non-NPDES state or NPDES state without an approved state pretreatment program.
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER
May be:
(1) 
A principal executive officer of at least the level of vice-president, if the industrial user is a corporation;
(2) 
A general partner or proprietor, if it is a partnership or proprietorship, respectively; or
(3) 
A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facility from which the indirect discharge originates.
BOD (denoting biochemical oxygen demand)
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty degrees Celsius (20° C.), expressed in milligrams per liter.
BUILDING DRAIN
That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning three (3) feet outside the inner face of the building wall.
BUILDING SEWER
The extension from the building drain to the public sewer or other place of disposal.
CATEGORICAL STANDARDS
National Categorical Pretreatment Standards or Pretreatment Standard.
CITY
The City of Schenectady, New York.
COMBINED SEWER
A sewer receiving both surface runoff and sewage.
COMMISSIONER OF HEALTH
The Commissioner of Health of the Village of Scotia or his duly authorized assistants.
CONTROL AUTHORITY
The approval authority, as defined above, or the Scotia Superintendent if the village has an approved pretreatment program under the provisions of 40 CFR 403.11.
COOLING WATER
The water discharges from any use such as air conditioning, cooling or refrigeration or to which the only pollutant added is heat.
DEPARTMENT
The Department of Water Pollution Control of the City of Schenectady.
DIRECT DISCHARGE
The discharge of treated or untreated wastewater directly to the waters of the State of New York.
ENVIRONMENTAL PROTECTION AGENCY or EPA
The United States Environmental Protection Agency or, where appropriate, the term may also be used as a designation for the Administrator or other duly authorized official of said agency.
GARBAGE
Solid wastes from the domestic and commercial preparation, cooking and dispensing of food and from handling, storage and sale of produce.
GRAB SAMPLE
A sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time.
HOLDING TANK WASTE
Any waste from holding tanks such as chemical toilets, campers, trailers, septic tanks and vacuum-tank trucks.
INDIRECT DISCHARGE
The discharge or the introduction of nondomestic pollutants from any source regulated under Section 307(b) or (c) of the Act (33 U.S.C. § 1317) into the POTW (including holding tank waste discharged into the system).
INDUSTRIAL USER
A source of indirect discharge which does not constitute a discharge of pollutants under regulations issued pursuant to Section 402 of the Act (33 U.S.C. § 1342).
INDUSTRIAL WASTES
The liquid wastes from industrial manufacturing processes, trade or business as distinct from sanitary sewage.
INTERFERENCE
The inhibition or disruption of the POTW treatment processes or operations which contributes to a violation of any requirement of the city's NPDES permit. The term includes prevention of sewage sludge use or disposal by the POTW in accordance with Section 405 of the Act (33 U.S.C. § 1345) or any criteria, guidelines or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act or more stringent state criteria (including those contained in any state sludge management plan prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed by the POTW.
NATIONAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARDS
Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. § 1347) which applies to a specific category of industrial users.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT
A permit issued pursuant to Section 402 of the Act (33 U.S.C. § 1324).
NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE STANDARDS
Any regulation developed under the authority of Section 307(b) of the Act and 40 CFR 403.5.
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater.
NEW SOURCE
Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section.
NYSDEC
The New York State Department of Environmental Conservation or its duly authorized representative.
PASS THROUGH
The discharge of pollutants through the POTW into the receiving waters in quantities or concentrations which are a cause of, or significantly contribute to, a violation of any requirement of the POTW pretreatment plant SPDES permit, including an increase in the magnitude or duration of a violation.
PERSON
Any individual, firm, company, association, society, corporation or group.
pH
The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
PLUMBING INSPECTOR
The Plumbing Inspector of the Village of Scotia or his duly authorized deputy, agent or representative.
POLLUTANT
Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water.
POLLUTION
The man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water.
POTW TREATMENT PLANT or SEWAGE TREATMENT PLANT
That portion of the POTW designed to provide treatment to wastewater.
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirement related to pretreatment, other than a National Pretreatment Standard imposed on an industrial user.
PRETREATMENT or TREATMENT
The reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes or process changes by other means, except as prohibited by 40 CFR 403.6(d).
PROPERLY SHREDDED GARBAGE
The wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half (1/2) inch [one and twenty-seven hundredths (1.27) centimeters] in any dimension.
PUBLICLY OWNED TREATMENT WORKS (POTW) or SEWAGE WORKS
A treatment works as defined by Section 212 of the Act (33 U.S.C. § 1292), which is owned in this instance by the city. This definition includes any sewers that convey wastewater to the POTW treatment plant but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of this Article, "POTW" shall also include any sewers that convey wastewaters to the POTW from persons outside the city who are, by contract or agreement with the city, users of the city's POTW.
PUBLIC SEWER
A sewer in which all owners of abutting properties have equal rights and which is controlled by public authority.
SANITARY SEWER
A sewer which carries sewage and to which stormwaters, surface waters and groundwaters are not intentionally admitted.
SIGNIFICANT INDUSTRIAL USER
Any industrial user of the city's wastewater disposal system who:
(1) 
Has a flow greater than five percent (5%) of the flow in the city's wastewater treatment system;
(2) 
Has in his wastes toxic pollutants as defined pursuant to Section 307 of the Act or New York State statutes and regulations;
(3) 
Is found by the city or the New York State Department of Environmental Conservation or the United States Environmental Protection Agency (EPA) to have significant impact, either singly or in combination with other contributing industries, on the wastewater treatment system, the quality of residuals, the system's effluent quality or air emissions generated by the system; or
(4) 
Is a categorical industry as defined by the EPA.
SPDES
The State Pollutant Discharge Elimination System.
STATE
The State of New York.
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972, or its most recent edition.
STORM DRAIN or STORM SEWER
A sewer which carries storm- and surface waters and drainage but excludes sewage and industrial wastes, other than unpolluted cooling water.
STORMWATER
Any flow occurring during or following any form of natural precipitation and resulting therefrom.
SUPERINTENDENT
The Superintendent of the Department of Water Pollution Control of the Village of Scotia or City of Schenectady, New York, or his duly authorized deputy, agent or representatives.
SUSPENDED SOLIDS
Solids that either float on the surface of or are in suspension in water, sewage or other liquids and which are removable by laboratory filtering.
TOXIC POLLUTANT
Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the United States Environmental Protection Agency under the provision of Clean Water Act Section 307(a) or other acts.
USER
Any person who contributes, causes or permits the contribution of wastewater into the city's POTW.
VILLAGE
The Village of Scotia, New York.
WASTEWATER
The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities and institutions, together with any groundwater, surface water and stormwater that may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW.
WASTEWATER CONTRIBUTION PERMIT or WASTEWATER DISCHARGE PERMIT
As set forth in § 200-10B of this Article.
WATERCOURSE
A channel in which a flow of water occurs, either continuously or intermittently.
WATERS OF THE STATE
All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through or border upon the state or any portion thereof.
B. 
The word "shall" is mandatory; "may" is permissive.
A. 
Private disposal facilities prohibited. Except as hereinafter provided, it shall be unlawful to:
(1) 
Construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage.
(2) 
Place or deposit any garbage, refuse, human or animal excrement or other objectionable waste matter upon any public or private property within the village.
B. 
Sewer connection required. The owner(s) of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes situated within the village service area and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the village service area is hereby required, at his own expense, to install suitable toilet facilities therein and to connect such facilities directly with the proper public sewer in accordance with the provisions of this Article within ninety (90) days after date of official notice to do so by the Commissioner of Health, provided that said public sewer is within one hundred (100) feet of the property line and abuts any portion of the front, side or rear of said property.
C. 
Authorization when sewer not available. Where a public sanitary or combined sewer is not available under the provisions of Subsection B hereof, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this section.
D. 
Permit required. Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the Plumbing Inspector.
E. 
Inspection; approval. A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Plumbing Inspector. 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 Plumbing Inspector when the work is ready for final inspection and before any underground portions are covered.
F. 
Type, capacities, location and layout of a system. The type, capacities, location and layout of a private sewage disposal system shall comply with all recommendations of the Department of Health of the State of New York. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than six thousand (6,000) square feet. No septic tank or cesspool shall be permitted to discharge to any natural outlet.
G. 
Requirements when sewer becomes available. At such times as a public sewer becomes available to a property served by a private sewage disposal system, as provided in Subsection B hereof, a direct connection shall be made to the public sewer in compliance with this Article, and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned and filled with suitable material.
H. 
Sanitary maintenance required. The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times at no expense to the city.
I. 
Additional requirements. No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the health officer.
A. 
Permit required for work affecting public sewer. No authorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenances thereof without first obtaining a written permit from the Plumbing Inspector.
B. 
Permits and fees to conform to building provisions. Permits and fees shall be as set forth in schedules promulgated by the village for that purpose.[1]
[1]
Editor's Note: See Ch. 135, Fees.
C. 
Liability of costs and expenses. All costs and expense(s) incident to the installation and connection of the building sewer shall be borne by the owner. The owner and/or the contractor performing the work shall indemnify the village and city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
D. 
Separate facilities for each building. A separate and independent building sewer shall be provided for every building, except that where one (1) building stands at the rear of another on any 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 (1) building sewer.
E. 
Use of old building sewers. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Plumbing Inspector, to meet all requirements of this Article.
F. 
Construction specifications. The size, slope, alignment, materials of construction of a building sewer and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench shall all conform to the requirements of the New York State Uniform Fire Prevention and Building Code or other applicable rules and regulations of the city. 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.[2]
[2]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
G. 
Elevation. 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 sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.
H. 
Connection of unpolluted water. No person shall make connection of roof downspouts, exterior 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. 
Manner of connecting to public sewer. The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city 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. Any deviation from the prescribed procedures and materials must be approved by the Plumbing Inspector before installation.
J. 
Notice when ready for connection; supervision. The applicant for the building sewer permit shall notify the Plumbing Inspector when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Plumbing Inspector or his representative.
K. 
Excavations. All excavations for building sewer installations 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 city.
A. 
Statement of policy against unpolluted water.
(1) 
It is one (1) explicit purpose of this Article to deter, prevent and eliminate, as far as possible, the introduction of unpolluted waters into the Village of Scotia and City of Schenectady sanitary sewer systems and all sewers tributary thereto. However, it is recognized that in certain areas the immediate enforcement of this Article against existing subsurface drainage connections would be unfeasible and unreasonable.
(2) 
This statement shall not be construed to mitigate in any way the enforcement of this Article against the construction of any new sanitary sewers or against any new connections discharging unpolluted waters to the Village of Scotia and the City of Schenectady sanitary sewer systems or sewers tributary thereto or to the alleviation of unreasonable flows of unpolluted waters; nor shall this statement of policy be used as a reason for not making any changes which may be ordered by governmental regulatory agencies.
B. 
Unpolluted water prohibited. No person shall discharge or cause to be discharged any stormwater, surface water, groundwater roof runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters to any sanitary sewer.
C. 
Discharging sewage to natural outlets. It shall be unlawful to discharge to any natural outlet within the Village of Scotia and City of Schenectady or in any area under the jurisdiction of said village or city any sewage or other polluted waters except where suitable treatment has been provided in accordance with subsequent provisions of this Article.
D. 
Permitted discharge of unpolluted water. Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers approved by the Schenectady Superintendent. Industrial cooling water or unpolluted process waters may be discharged, on issuance of a permit as described in § 200-10B of this Article, to a storm sewer or combined sewer.
E. 
Prohibited discharge.
(1) 
No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will pass through or interfere with the operation or performance of the POTW. These general prohibitions apply to all such users of the Village of Scotia or City of Schenectady POTW whether or not the user is subject to National Categorical Pretreatment Standards or any other federal, state or local pretreatment standards or requirements. A user may not contribute the following substances to the Village of Scotia or City of Schenectady POTW:
(a) 
Any liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the POTW or to the operation of the POTW. At no time shall two (2) successive readings on an explosion hazard meter at the point of discharge into the system (or at any point in the system) be more than five percent (5%) nor any single reading over ten percent (10%) of the lower explosive limit (LEL) of the meter.
(b) 
Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities, such as, but not limited to, grease and garbage with particles greater than one-half (1/2) inch in any dimension.
(c) 
Any wastewater having a pH less than five point five (5.5) or greater than nine point five (9.5) unless a permit is specifically issued to accommodate such wastewater, or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment and/or personnel of the POTW.
(d) 
Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, to produce toxic effect in the receiving waters of the POTW or to exceed the limitation set forth in a Categorical Pretreatment Standard. A toxic pollutant shall include but not be limited to any pollutant identified pursuant to Section 307(a) of the Act.
(e) 
Any noxious or malodorous liquids, gases or solids which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair.
(f) 
Any substance which may cause the POTW treatment plant effluent or any other product of the treatment plant, such as residues, sludges or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the treatment plant 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 developed pursuant to the Solid Waste Disposal Act, the Clean Air Act or the Toxic Substances Control Act; or state criteria applicable to the sludge management method being used.
(g) 
Any substance which will cause the POTW to violate its New York State pollutant discharge elimination system permit or the receiving water quality standards.
(h) 
Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions.
(i) 
Any wastewater having a temperature which will inhibit biological activity in the POTW treatment plant resulting in interference, but in no case wastewater with a temperature at the introduction to the POTW system which exceeds forty degrees Celsius (40° C.) [one hundred four degrees Fahrenheit (104° F.)] unless a permit is issued to accommodate such temperature.
(j) 
Any pollutants, including oxygen demanding pollutants (BOD, etc.), released at a flow rate and/or pollutant concentration which a user knows or has reason to know will cause interference to the POTW treatment plant or is in contravention of permit conditions.
(k) 
Any wastewater containing any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Schenectady Superintendent in compliance with applicable state or federal regulations.
(l) 
Any water or waste containing fats, wax, grease or oils, whether emulsified or not, or containing substances which may solidify or become viscous at temperatures between thirty-two degrees and one hundred four degrees Fahrenheit (32° and 104° F.) [zero degrees and forty degrees Celsius (0° and 40° C.)].
(m) 
Any garbage that has not been properly shredded.
(n) 
Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
(2) 
When the Schenectady Superintendent determines that a user(s) is contributing to the POTW any of the above-enumerated substances in such amounts as to interfere with the operation of the POTW, the Schenectady Superintendent shall advise the user(s) of the impact of the contribution on the POTW pursuant to procedures in § 200-21 of this Article.
A. 
Federal Categorical Pretreatment Standards. Upon the promulgation of the Federal Categorical Pretreatment Standards for a particular industrial subcategory, the Federal Standard, if more stringent than limitations imposed under this Article for sources in that subcategory, shall immediately supersede the limitations imposed under this Article. The Schenectady Superintendent shall notify all affected users of the applicable reporting requirements under 40 CFR 403.12.
B. 
Limitations on point of discharge. No person shall discharge substances directly into a manhole or other sanitary opening in a sanitary sewer other than through an approved building sewer.
C. 
Holding tank waste. No person shall discharge any holding tank waste into a manhole or other opening in a sanitary sewer. All holding tank waste discharged within the Village of Scotia POTW system shall be discharged at a facility at locations designated by the Schenectady Superintendent. Each separate load of holding tank waste shall be registered with the operator of the treatment facility. The user shall pay the applicable charges and fees and shall meet such other conditions as required by the Department. The Department shall have the right to inquire about the type of waste, the approximate volumes and the origin of holding tank wastes. The transporter of such wastes shall also have a waste hauler's permit from the NYSDEC.
D. 
Modification of Federal Categorical Pretreatment Standards. Where the village's wastewater treatment system achieves consistent removal of pollutants limited by Federal Pretreatment Standards, the village may apply to the approval authority for modification of specific limits in Federal Pretreatment Standards. "Consistent removal" shall mean reduction in the amount of a pollutant or alteration of the nature of the pollutant by the wastewater treatment system to a less toxic or harmless state in the effluent which is achieved by the system in ninety-five percent (95%) of the samples taken when measured according to the procedures set forth in 40 CFR 403.7(c)(2), General Pretreatment Regulations for Existing and New Sources of Pollution, promulgated pursuant to the Act. The village may then modify pollutant discharge limits in the Federal Pretreatment Standards if the requirements contained in 40 CFR 403.7 are fulfilled and prior approval from the approval authority is obtained.
E. 
Discharge limitations. No user shall discharge wastewater to the sanitary sewer system when any of the pollutant concentrations exceed the limits specified following. These concentrations shall be applied to wastewater effluents at a point just prior to discharge into the village sewer system. With the express written consent of the Schenectady Superintendent of the Department of Water Pollution Control, users with multiple discharge outfalls may combine waste streams by calculation to report on wastewater characteristics.
Substance
Total Concentration Limit
Arsenic
0.2 mg/l
Barium
4.0 mg/l
Cadmium
0.4 mg/l
Chromium (hexavalent)
0.2 mg/l
Chromium (total)
4.0 mg/l
Copper
0.5 mg/l
Cyanide-complex
1.6 mg/l
Lead
0.2 mg/l
Mercury
0.05 mg/l
Nickel
4.0 mg/l
Oil and grease
200.0 mg/l
pH
5.5 to 9.5
Phenolic compounds
4.0 mg/l
Silver
0.2 mg/l
Zinc
2.0 mg/l
F. 
Special conditions. No person shall discharge or permit the discharge or infiltration into the village sewer system of wastes containing the following pollutants in excess of the listed concentrations unless prior approval is granted by the Schenectady Superintendent:
(1) 
Wastes containing more than three hundred (300) milligrams per liter of five-day biochemical oxygen demand.
(2) 
Wastes containing more than three hundred fifty (350) milligrams per liter of total suspended solids.
(3) 
Wastes containing more than one hundred sixty (160) milligrams per liter of total organic carbon.
(4) 
Wastes containing more than five hundred (500) milligrams per liter of chemical oxygen demand.
(5) 
Wastewater in volumes constituting greater than five percent (5%) of the mean flow influent to the village or city POTW treatment plant.
G. 
State requirements. State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations or those in this Article.
H. 
Village's right of revision. The village reserves the right to establish by local law more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives presented in § 200-4 of this Article.
I. 
Excessive discharge. 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.
J. 
Approval of connection to sewer. No connection with or opening into any sewer, manhole or appurtenances thereto shall be made without the written approval of the appropriate village agency. The connection of a building sewer into any village sewer shall conform to the requirements of the applicable village regulations.
K. 
Acceptance of new or increased discharges. Written approval by the Schenectady Superintendent is required for all new discharges from industrial users added to the village sewer system. The Schenectady Superintendent reserves the right to:
(1) 
Deny or condition new or increased contribution of wastes or changes in wastewater constituents and characteristics;
(2) 
Require an industrial user to obtain an industrial wastewater discharge permit as specified in § 200-10B;
(3) 
Require the development of a schedule of compliance for an industrial user for the installation of technology required to meet pretreatment standards and requirements; and/or
(4) 
Require the industrial user to submit to the Department self-monitoring reports.
A. 
Authority of Schenectady Superintendent over harmful wastes.
(1) 
If any waters or wastes are discharged or are proposed to be discharged to public sewers containing any substances or possessing characteristics enumerated in this Article or which in the judgment of the Schenectady Superintendent may have a deleterious impact on the POTW, POTW treatment plant, receiving waters or POTW treatment plant residuals or which may otherwise create a hazard to health or life or constitute a public nuisance, the Schenectady Superintendent may:
(a) 
Reject the wastes;
(b) 
Require pretreatment to an acceptable condition for discharge to the public sewers;
(c) 
Require control over the quantities and rates of discharge;
(d) 
Require payment to cover the added cost of handling and treating the wastes; and/or
(e) 
Require the discharger to apply for an industrial waste discharge permit.
(2) 
If the Schenectady Superintendent permits the introduction of said wastes into the POTW, whether following pretreatment or an alternative discharge program, the design and installation of the plans and equipment or implementation of the discharge program shall be subject to the review and approval of the Schenectady Superintendent and subject to the requirements of all applicable codes, ordinances and laws.
B. 
Permit required.
(1) 
It shall be unlawful to discharge without a state or city permit (as applicable) to any natural outlet within the Village of Scotia or City of Schenectady or in any area under the jurisdiction of said village or city and/or to the POTW any wastewater except as authorized by the Schenectady Superintendent in accordance with the provisions of this Article.
(2) 
Each industrial user whose wastewater flow and/or wastewater strength is different from that of domestic waste (defined as having a concentration of any parameter in excess of those listed in § 200-9F of this Article or discharges EPA priority pollutants, NYSDEC substances of concern or any other substance which the Schenectady Superintendent deems to be of concern must obtain an industrial waste discharge permit prior to connection or discharge to the city POTW. Each industrial user, as determined by the Schenectady Superintendent, currently connected must obtain an industrial waste permit within one hundred eighty (180) days after the effective date of this Article.
C. 
Permit application.
(1) 
Industrial users required to obtain an industrial waste discharge permit shall complete and file with the Department an application in the form prescribed by the Schenectady Superintendent at least ninety (90) days prior to connecting or contributing to the POTW. In support of the application, the user may be required to submit, in units and terms appropriate for evaluation, the following information:
(a) 
Legal name, address and location of person, corporation or legal entity responsible for subject establishment.
(b) 
Name, address and location of subject establishment.
(c) 
Name and telephone number of person to contact regarding both industrial waste characteristics and permit application [if different than Subsection C(1)(a) preceding] and SIC number according to the Standard Industrial Classification Manual, Bureau of Budget, 1972, as amended.
(d) 
Wastewater constituents and characteristics, including but not limited to those mentioned in this Article as determined by a laboratory certified by the State of New York; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(c) of the Act and contained in 40 CFR 136, as amended.
(e) 
Time and duration of contribution.
(f) 
Average daily and three-minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any.
(g) 
Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections and appurtenances by the size, location and elevation.
(h) 
Description of all activities, facilities and plant processes directly related to sewer discharges. This description shall include all those materials which are or could reasonably be expected to be discharged based upon:
[1] 
Hazardous materials as defined by regulations promulgated under the Resource Conservation Recovery Act (42 U.S.C. § 6901);
[2] 
New York State regulations for solid waste management facilities (6 NYCRR 360) and accompanying guidelines;
[3] 
Priority pollutants as defined by the Clean Water Act;
[4] 
New York State substances of concern;
[5] 
Materials deemed to be of concern to the Village of Scotia or City of Schenectady's POTW;
[6] 
Any other applicable federal, state or local statute, regulation or ordinance; and
[7] 
The most recent versions of Subsection C(1)(h)[1] through [6] preceding, as applicable.
(i) 
Where known, the nature and concentration of any pollutants in the discharge which are limited by any city, state or Federal Pretreatment Standards and a statement regarding whether or not the pretreatment 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 applicable pretreatment standards;
(j) 
If additional pretreatment and/or O & M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment.
[1] 
The completion date in this schedule shall not be later than the compliance or local law date established for the applicable pretreatment standard.
[2] 
The following conditions may apply to this schedule:
[a] 
The schedule may contain increments of progress 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 (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).
[b] 
No increment referred to in Subsection C(1)(j)[2][a] shall exceed nine (9) months.
[c] 
Not later than fourteen (14) days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the Schenectady 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 the construction to the schedule established. In no event shall more than nine (9) months elapse between such progress reports to the Schenectady Superintendent.
(k) 
Each product produced by type, amount, process or processes and rate of production.
(l) 
Type and amount of generic raw materials processed (average and maximum per day).
(m) 
Number and type of employees and hours of operation of plant and proposed or actual hours of operation of pretreatment system.
(n) 
Completion of a NYSDEC industrial chemical survey.
(2) 
The village and/or city will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the city may issue an industrial waste discharge permit subject to the term and conditions provided herein.
D. 
Permit conditions. Industrial waste discharge permits shall be expressly subject to all provisions of this Article and all other applicable local laws, regulations, charges and fees established by the village and/or city. The conditions of the industrial waste discharge permit may contain the following:
(1) 
Effluent limitations or other appropriate limitations when toxic substances are present in the user's wastewater discharge.
(2) 
Specifications for monitoring programs which may include sampling locations, frequency and method of sampling, number types and standards for analytical tests and reporting schedule.
(3) 
Requirements for submission of reports for conditions of noncompliance.
(4) 
Requirements for submission of technical reports or discharge reports.
(5) 
Pretreatment requirements.
(6) 
Requirements for installation and maintenance of inspection and sampling facilities.
(7) 
Schedules for compliance with this Article and other applicable city ordinances.
(8) 
Limits on the average and maximum wastewater constituents, flow rates and time of discharge.
(9) 
Requirements for maintaining and retaining plant records relating to wastewater discharge, to be limited to three (3) years unless specified in the industrial waste discharge permit, and affording the city access thereto.
(10) 
Requirements for notification of the Schenectady Superintendent of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the POTW.
(11) 
The computation and requirement for payment of the industrial waste surcharge or any other applicable fees or charges.
(12) 
Requirements for the submission of information concerning the disposal of waste material separated from the authorized discharge.
E. 
Duration of permits.
(1) 
Industrial waste discharge permits shall be issued for a specified period of time, not to exceed five (5) years. A permit may be issued for a period less than a year or may be stated to expire on a specific date.
(2) 
In order to renew a permit, the permittee shall have paid all fees relating to this Article according to the schedules set in this Article and submitted an up-to-date industrial waste questionnaire and other information as required by the Schenectady Superintendent no later than one hundred twenty (120) days prior to the expiration of the existing permit.
(3) 
The terms and conditions of the permit may be subject to modification and change by the Department during the life of the permit as limitations or requirements as identified in this Article are modified or changed. The permittee shall be informed of any proposed changes in his permit at least thirty (30) days prior to the effective date of the change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
F. 
Permit modifications by permittee. A permittee requesting any modification of a permit shall do so at least ninety (90) days prior to the date the permittee plans to implement the modification. Application to the Schenectady Superintendent for modification shall include any information as may be deemed necessary by the village and/or city to evaluate the modification application.
G. 
Transfer of a permit. Industrial waste discharge permits are issued to a specific user for a specific operation. A permit shall not be reassigned, transferred or sold to a new owner, new user, different premises or a new or changed operation without the prior approval of the Schenectady Superintendent. In the event of any change in ownership of the industrial facility, the permittee shall notify the new owner of the existence of the permit by letter, a copy of which shall be forwarded to the Schenectady Superintendent. If the operations and processes are to remain the same, the permit may be approved by the Schenectady Superintendent for the new owner. A new industrial waste discharge permit application shall be made by the new owner and facility if any other changes are made other than the control of ownership.
H. 
Suspension, modification or revocation of permits. Industrial waste discharge permits may be modified, suspended or revoked where the Schenectady Superintendent finds after a hearing held in conformance with the procedures set forth in this Article:
(1) 
A violation of any term of the permit or any order or determination of the Schenectady Superintendent promulgated under this Article or other applicable village local laws;
(2) 
That the permit was obtained by misrepresentation or failure to disclose fully all relevant facts;
(3) 
A change in conditions or the existence of a condition which requires either a temporary or permanent reduction or elimination of the authorized discharge;
(4) 
Refusal of reasonable access to the permittee's premises for the purpose of inspection or monitoring; or
(5) 
Failure of the permittee to report significant changes in operations or wastewater constituents and characteristics.
A. 
Users who discharge, who propose to discharge or who, in the judgment of the Schenectady Superintendent, could discharge, now or in the future, wastewater with constituents and characteristics different from that produced by a domestic premises shall be required to install a monitoring facility.
B. 
When, in the judgment of the Schenectady Superintendent, there is a significant difference in the wastewater constituents and characteristics produced by different operations of a single user, the Schenectady Superintendent may require that separate monitoring facilities be installed for each discharge.
C. 
Monitoring facilities are to be constructed at a common location into which all flows from the user are combined. Sanitary wastewater may be excluded. Whenever the installation of a monitoring facility in a common location is impossible or impractical, the user shall construct and maintain, at the user's expense, in lieu of one (1) common monitoring facility, two (2) or more monitoring facilities as required by the Schenectady Superintendent.
D. 
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 the user. If sampling and metering equipment is also required by the Department, it shall be provided, installed, operated and maintained at the user's expense. The monitoring facility will normally be required to be located on the user's premises outside of the building. If the monitoring facility is inside the user's fence, there shall be accommodation to allow safe and immediate access for the Department personnel, such as a gate secured with a Department lock. There shall be ample room in or near such facility to allow accurate sampling and composition 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. In the event that no special monitoring facility is required, sampling shall be conducted at a point or points selected by the Schenectady Superintendent.
A. 
The Schenectady Superintendent and other authorized employees of the Department and employees of the EPA and NYSDEC bearing proper credentials and identification shall be permitted to enter all properties at all reasonable times for the purpose of inspection, observation, sampling, flow measurement and testing to ascertain compliance with this Article. The Department shall have the right to set up on the user's property such devices as are necessary to conduct sampling or flow measurement. Where a user has security measures in force which would require proper identification and clearance before entry into the premises, the user shall make necessary arrangements so that, upon presentation of suitable identification, personnel from the Department will be permitted to enter without delay for the purposes of performing their specific responsibilities.
B. 
No representative is authorized to require information concerning an industrial process except to the extent necessary to ascertain the kind and source of discharge to sewers. While on private property the village's and/or city's representatives shall observe all established safety rules applicable to the premises. The village shall indemnify a property owner against loss or damage to the owner's property and against third-party claims caused by representatives of the city while upon the property except for loss or damage or third-party claims caused by the negligence of the owner or the owner's failure to maintain safe conditions.
A. 
Where necessary, in the opinion of the Schenectady Superintendent, users shall make wastewater acceptable under the limitations established by this Article and by Section 307 of the Federal Act before discarding into the village or city sewer system. Any facilities required to pretreat wastewater to a level acceptable to the Department shall be provided and maintained at the user's expense. Detailed plans showing pretreatment facilities and operating procedures shall be submitted to the Schenectady Superintendent 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 with the provisions of this Article. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be approved by the Department. When pretreatment regulations are adopted by the EPA of NYSDEC for any industry, then that industry must immediately conform to the EPA or NYSDEC timetable for adherence to federal and/or state pretreatment requirements and any other applicable requirements promulgated by the EPA or NYSDEC in accordance with Section 307 of the Federal Act. Additionally, such industries shall comply with any other stringent standards necessitated by local conditions as determined by the city.
B. 
Fees.
(1) 
The village may adopt charges and fees which may include:
(a) 
Fees for reimbursement of costs of setting up and operating the village or city pretreatment program.
(b) 
Fees for monitoring, inspections and surveillance procedures.
(c) 
Fees for reviewing accidental discharge procedures and construction.
(d) 
Fee for permit applications.
(e) 
Fees for filing appeals.
(f) 
Fees for consistent removal by the village or city of pollutants otherwise subject to Federal Pretreatment Standards.
(g) 
Other fees as the village may deem necessary to carry out the requirements contained herein.
(2) 
These fees related solely to the matters covered by this Article are separate from all other fees chargeable by the village or city.
A. 
Each user shall provide protection from accidental and slug discharges or prohibited materials or other wastes regulated by this Article or plans to minimize such occurrences should they occur. Facilities to prevent accidental and slug discharges 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 Schenectady Superintendent for review and shall be approved by the Department before construction of the facility.
B. 
Notification of Department.
(1) 
Users shall notify the Department immediately upon discharging wastes in violation of this Article due to:
(a) 
Breakdown of pretreatment equipment;
(b) 
Accidents caused by human error or negligence or mechanical failure; or
(c) 
Other causes, such as acts of nature.
(2) 
Such notification will enable countermeasures to be taken by the Department to minimize damage to the village and city sewers, treatment facilities, treatment processes and receiving waters.
C. 
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 Article.
D. 
Notification of Superintendent.
(1) 
The Schenectady Superintendent shall be notified within five (5) 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.
(2) 
Such notification will not relieve users of notice as described in Subsection B preceding or 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 or any liability for civil or criminal penalties.
Any information submitted to the village pursuant to requests or requirements of this Article shall be subject to claims of confidentiality as described in 40 CFR 2, with the following exceptions:
A. 
The Schenectady Superintendent of the Department of Water Pollution Control is the control authority rather than the EPA; and
B. 
As described in 40 CFR 403.14(b), effluent data shall be available to the public without restriction.
No statement in this Article shall be construed as preventing any special agreement between the Schenectady Superintendent and any industrial concern whereby an industrial waste of unusual constituents or characteristics may be accepted by the Schenectady Superintendent for treatment subject to the proper payment by the industrial user. Under no circumstances shall a special agreement circumvent Federal Categorical Pretreatment Standards.
All measurements, tests and analyses of the constituents and characteristics of waters and wastes to which reference is made in this Article shall be determined in accordance with the latest editions of Standard Methods for the Examination of Water and Wastewater; Methods for Chemical Analysis of Water and Waste, of the EPA; and the latest version of 40 CFR 136 (Analysis of Pollutants).
Grease, oil and sand interceptors shall be provided when, in the opinion of the Plumbing Inspector and/or the Schenectady Superintendent, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts 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 Plumbing Inspector and/or the Schenectady Superintendent and shall be located as to be readily and easily accessible for cleaning and inspection.
A. 
Imposition of surcharge. In addition to any other fees, charges, sewer rents or taxes provided by law, the owner or tenant of any parcel of real property connected with the village's sewer system by any means may be subject to payment of an industrial waste surcharge for use of the wastewater treatment works discharging industrial wastes or other wastes accepted for admission into the system. The industrial waste surcharge shall consist of, but not be limited to, the following charges:
(1) 
Operation and maintenance charges.
(2) 
Debt service charges.
(3) 
Pretreatment program technical and administrative expenses.
B. 
Definition of industrial wastes. For purposes of imposition of the industrial waste surcharge, "industrial wastewater" shall be defined as any waste with constituent characteristics exceeding those listed in § 200-9F, Special Conditions, of this Article.
C. 
Computation of industrial waste surcharge.
(1) 
The surcharge shall be computed by the Schenectady Superintendent using the following surcharge formulas and shall apply to industrial users as defined in Subsection B.
(a) 
For operation and maintenance charges:
(b) 
For debt service charges:
Where:
OMC
=
Industry share of the annual operation and maintenance charges.
A
=
Annual operation and maintenance cost of the treatment facility and village wastewater pumping station.
V
=
Average daily volume discharged by the industrial user.
Q
=
Average daily flow of treatment facility influent.
CI
=
Average daily COD (lbs/day) of industrial discharge.
BI
=
Average daily BOD5 (lbs/day) of industrial discharge.
BP
=
Average daily BOD5 (lbs/day) of treatment facility influent.
TI
=
Average daily TOC (lbs/day) of industrial discharge.
TP
=
Average daily TOC (lbs/day) of treatment facility influent.
SI
=
Average daily suspended solids (lbs/day) of industrial discharge.
SP
=
Average daily suspended solids (lbs/day) of treatment facility influent.
Xo
=
Percent of operation and maintenance costs attributable to flow.
Co
=
Percent of operation and maintenance attributable to COD.
To
=
Percent of operation and maintenance attributable to TOC.
Yo
=
Percent of operation and maintenance attributable to BOD.
Zo
=
Percent of operation and maintenance attributable to suspended solids.
DSC
=
Industry share of annual debt service of treatment facility.
D
=
Annual debt service cost of treatment facility and village wastewater pumping station.
Xc
=
Percent of local capital cost attributable to flow.
Cc
=
Percent of local capital costs attributable to COD.
Tc
=
Percent of local capital costs attributable to TOC.
Xc
=
Percent of local capital costs attributable to BOD.
Zc
=
Percent of local capital costs attributable to suspended solids.
U
=
Cost attributable to any other parameters for which the treatment facility was designed to remove, such as, but not limited to, phosphorus and nitrogen.
(2) 
The total industrial waste surcharge (IWS) is computed using the following equation: IWS = (OMC + DSC) - SR
The industrial waste surcharge (IWS) is the sum of the operations and maintenance (OMC) and the debt service charge (DSC) less any sewer rent charges (SR) as provided by law paid by the user which provide revenue for operating and/or paying the capital costs of the treatment facility. If the sewer rent charges (SR) are greater than the sum of operation and maintenance and debt service charges, there will be no reimbursement.
D. 
Basis for determination. 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 are not limited to flow rate, biochemical oxygen demand, total suspended solids, chemicals oxygen demand and total organic carbon. The wastewater constituents and characteristics used to calculate the industrial waste surcharge will be those listed in § 200-9F of this Article, as well as those determined by the Schenectady Superintendent. Any data provided by the user may be used in addition to the data obtained by the Schenectady Superintendent.
E. 
Volume determination. In applying the surcharge formulas the Schenectady Superintendent may represent flow discharged into the sewer system by:
(1) 
The amount of water supplied to the premises as shown on the water meter or water records if the premises is not metered;
(2) 
The volume of wastewater discharged into the sewer system as determined by the measurements and samples taken at a monitoring facility installed by the owner of the property served by the sewer system;
(3) 
Allowances for water not discharged to the sewer system made at the discretion of the Schenectady Superintendent; or
(4) 
A figure determined by the Schenectady Superintendent by any combination of the foregoing or by any other equitable method.
F. 
Determination of pollutant concentration.
(1) 
The pollutant concentration of any wastewater shall be determined from the analysis of representative samples taken prior to discharge into the city sewers, taken by representatives of the Schenectady Superintendent at sampling stations as described in § 200-11 of this Article, at any period or time or of such duration and in such manner as the Schenectady Superintendent may elect or at any place or manner mutually agreed upon between the user and the Schenectady Superintendent. The intent of any sampling procedure is to establish the pollutant concentration in the wastewater discharge during an average or typical working day. This concentration may be derived according to the best judgment of the Schenectady Superintendent.
(2) 
The analysis of samples taken shall be performed in a laboratory of the Department or a laboratory designated by the Schenectady Superintendent. The industrial waste surcharge and/or the acceptability of the wastes shall be determined from said analysis.
(3) 
All surcharges shall be based on the analysis of the wastes from any plant or premises related to total volume of wastes determined under Subsection E of this section. The average value of the concentrations of pollutants measured during a calendar year shall be used in calculating the industrial waste surcharge.
(4) 
Whenever the wastes discharged from a premises to a public sewer might be expected to show appreciable periodic variation during the year due to manufacturing process or production variation due to seasonal changes, the Schenectady Superintendent may average the results of the two (2) or more series of analysis taken to reflect these variations and thereby determine an average pollutant concentration.
G. 
Pollutant concentration disputed by user. In the event that the pollutant concentration of the waste discharged from a premises to a public sewer as determined under Subsection F of this section is disputed by a user, a program of resampling and flow measurement with subsequent analytical determination may be instituted as follows:
(1) 
The person must submit a request for resampling and flow measurements of the wastes to the Schenectady Superintendent.
(2) 
A consultant or agency of recognized professional standing in the employ of the user must confer with representatives of the Schenectady Superintendent in order that an agreement may be reached as to the various factors which must be considered on a new sampling and flow measurement program.
(3) 
The consultant or agency of recognized professional standing employed by the user shall conduct a resampling and reanalysis program, under the direction of the Schenectady Superintendent, for at least two (2) twenty-four-hour periods.
(4) 
The results of the resampling and the 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 may 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 this Article.
(5) 
All costs of sampling, analysis and floor measurement are to be paid by the user.
H. 
When due; delinquency penalty.
(1) 
Industrial waste surcharge fees, industrial waste discharge permit fees and any related fees shall be due within sixty (60) days of issuance, except that if such day shall fall on a Saturday, Sunday or public holiday, the payment shall be due on the first business day following. The payment may be paid to the Village Clerk-Treasurer of the Village of Scotia within a period of fifteen (15) days after it is due and payable without any charge.
(2) 
Any such fee which is not paid within the grace period set forth in Subsection H(1) preceding shall be deemed delinquent and shall bear the same rate of penalty or interest as that imposed on delinquent taxes on real property within the village, as well as cancellation of service by the Schenectady Superintendent. The village shall collect such penalties and interest on such delinquent fees.
I. 
Lien. Industrial waste surcharge fees, industrial waste discharge permit fees and any related fees shall be liens against real property within the village to the extent set forth in § 452 of the General Municipal Law.
J. 
Collection of delinquent surcharge. The village may enforce the collection of such fees as are described in Subsection H of this section pursuant to § 452 of the General Municipal Law.
K. 
Disposition of surcharges. Pursuant to § 453 of the General Municipal Law, revenues derived from such fees as are described in Subsection H of this section shall be credited to the special fund known as the "Sewer Rent Fund." Disbursement therefrom shall be made pursuant to such section of the General Municipal Law.
The Schenectady Superintendent is hereby authorized to enforce all pretreatment requirements necessary to ensure compliance with the terms and conditions of the City of Schenectady state pollutant discharge elimination system permit issued by the NYSDEC pursuant to the Act.
A. 
The village may suspend the wastewater treatment service and/or an industrial wastewater discharge permit when such suspension is necessary, in the opinion of the village, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons or to the environment, causes interference with the POTW or causes the city to violate any condition of its SPDES permit.
B. 
Any person notified of a suspension of the wastewater treatment service and/or the industrial wastewater discharge permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, the village or city shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individuals or the environment. The village or city shall reinstate the industrial wastewater discharge permit and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge.
Whenever the Schenectady Superintendent finds that any user has violated or is violating this Article, the industrial wastewater discharge permit or any prohibition, limitation or requirement contained herein, the village or city may serve upon such person a written notice stating the nature of the violation. Within fifteen (15) days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the Schenectady Superintendent by the user.
A. 
The village or city may order any user who causes or allows an unauthorized discharge to enter the POTW to show cause before a Sewer Complaint Review Board why the proposed enforcement action should not be taken. The Board shall consist of the Mayor of Schenectady, the Schenectady Superintendent and the City Engineer. A notice shall be served on the user specifying the time and place of a hearing to be held by the Board regarding the violation, the reasons why the action is to be taken and the proposed enforcement action and directing the user to show cause before the Board why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least fifteen (15) days before the hearing. Service may be made on any agent or officer of a corporation.
B. 
Whenever, because of danger to the public health, safety or welfare, it appears prejudicial to the public interest to delay action for fifteen (15) days, the Schenectady Superintendent may serve the respondent with an order requiring certain action or the cessation of certain activities immediately or within a specified period of less than fifteen (15) days, and the Schenectady Superintendent shall provide an opportunity to be heard within fifteen (15) days after the date the order is served.
C. 
The Board may itself conduct the hearing and take the evidence or may designate any of its members or any officer or employee of the Department of Water Pollution Control to:
(1) 
Issue, in the name of the Board, notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings.
(2) 
Take the evidence.
(3) 
Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Board for action thereon.
D. 
The Board or its designee shall not be bound by laws of evidence in the conduct of hearing proceedings, but the determination shall be founded upon sufficient legal evidence to sustain it. Proceedings will follow the New York State Administrative Procedure Act.
E. 
The Village or City Attorney may prefer charges, attend hearings, present the facts and take any and all proceedings in connection therewith.
F. 
At a hearing, the respondent may appear personally, shall have the right of counsel and may cross-examine witnesses against him and produce evidence and witnesses in his behalf.
G. 
A record, or summary thereof, of the proceedings of said hearings shall be made and filed with the Department. If requested to do so by any interested party concerned with said hearing, the full stenographic notes of the testimony presented at said hearing shall be taken and filed. The stenographer shall, upon the payment of his fees allowed by law therefor, furnish a certified transcript of the whole or any part of his notes to any party to the action requiring the same.
H. 
Unless precluded by law, disposition may be made of any hearing by stipulation, agreed settlement, consent order, default or other informal method. Within ten (10) days of the notice specified in § 200-22, the user may request a prehearing conference with the village or city's representative for an informal disposition of any or all charges.
I. 
Upon request made by any party upon the Department within a reasonable time, but prior to the time for commencement of judicial review, of its giving notice of its decision, determination, opinion or order, the Board or its representative shall prepare the record together with any transcript of proceedings within a reasonable time and shall furnish a copy of the record and transcript or any part thereof to any party as he may request. Except when any law provides otherwise, the Department is authorized to charge not more than its cost for the preparation and furnishings of such record or transcript or any part thereof or the rate specified in the contract between the agency and a contractor if prepared by a private contractor.
J. 
Upon application of any affected user, the village or city may modify or amend any determination after a hearing.
A. 
Administrative sanctions.
(1) 
Any person who violates any of the provisions of or who fails to perform any duty imposed by this Article or any order or determination of the Schenectady Superintendent promulgated under this Article, or the terms of any permit issued thereunder shall be liable to the village or city for a civil penalty not to exceed one thousand dollars ($1,000.) for each such violation, to be assessed after a hearing held in conformance with the procedures set forth in §§ 200-20 through 200-23 of this Article. Each violation shall be a separate and distinct violation and, in the case of a continuing violation, each day's continuance thereof shall be deemed a separate and distinct violation. Such penalty may be recovered in an action brought by the Village Attorney at the request of the Schenectady Superintendent in the name of the village in any court of competent jurisdiction. Such civil penalty may be released or compromised by the Schenectady Superintendent before the matter has been referred to the Village Attorney and where such matter has been referred to the Village Attorney, and such penalty may be released or compromised and any action commenced to recover the same may be settled and discontinued by the Village Attorney with the consent of the Schenectady Superintendent.
(2) 
In addition to the power to assess penalties as set forth in Subsection A(1) above, the Schenectady Superintendent shall have the power, following a hearing held in conformance with the procedures set forth in §§ 200-20 through 200-23 of this Article, to issue an order suspending, revoking or modifying the violator's permit and enjoining the violator from continuing the violation. Any such order of the Schenectady Superintendent shall be enforceable in an action brought by the Village Attorney at the request of the Schenectady Superintendent in the name of the Department in any court of competent jurisdiction.
(3) 
Any civil penalty or order issued by the Schenectady Superintendent pursuant to this subsection shall be reviewable in a proceeding pursuant to state law sixty (60) days after service, in person or by mail, of a copy of the determination or order upon the attorney of record of the applicant and of each person who has filed a notice of appearance or the applicant in person if not directly represented by an attorney.
B. 
Criminal sanctions.
(1) 
Any person who willfully violates any provision of this Article or any final determination or order of the Schenectady Superintendent made in accordance with §§ 200-20 through 200-23 of this Article shall, in addition, be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than five hundred dollars ($500.) nor more than one thousand dollars ($1,000.). Each offense shall be a separate and distinct offense and, in the case of a continuing offense, each day's continuance thereof shall be deemed a separate and distinct offense.
(2) 
Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this Article or industrial wastewater discharge permit or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this Article shall, upon conviction, be punished by a fine of not less than five hundred dollars ($500.) nor more than one thousand dollars ($1,000.). Each offense shall be a separate and distinct offense and, in the case of a continuing offense, each day's continuance thereof shall be deemed a separate and distinct offense.
(3) 
No prosecution under this section shall be instituted until after final disposition of an appeal or review, if any, provided by Subsection A(3).
(4) 
No authorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is part of the sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct and shall be subject to recovery of costs for damages.
C. 
Civil liability. Any person violating any of the provisions of this Article shall, in addition, be civilly liable to the village for any expense, loss or damage occasioned to the village by reason of such violation.
D. 
Injunction. The Village Attorney, on his own initiative or at the request of the Schenectady Superintendent, shall have the right to seek equitable relief in the name of the village to restrain the violation of or to compel compliance with this Article or any order or determination issued thereunder by the Schenectady Superintendent.
E. 
Summary abatement.
(1) 
Notwithstanding any inconsistent provisions of law, whenever the Schenectady Superintendent 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 public sewer system and it therefore appears to be prejudicial to the public interest to delay action until notice and an opportunity for a hearing can be provided, the Schenectady Superintendent may, without prior hearing, order such user by notice, in writing wherever practicable or in such other form as in the Schenectady Superintendent's judgment will reasonably notify such person whose practices are intended to be proscribed, to discontinue, abate or alleviate such condition or activity, or where the giving of notice is impracticable, the event of a user's failures to comply voluntarily with an emergency order, the Schenectady Superintendent may take all appropriate action to abate the violating condition. As promptly as possible thereafter, not to exceed fifteen (15) days, the Schenectady Superintendent shall provide the user an opportunity to be heard in accordance with the provisions of §§ 200-20 through 200-23 of this Article.
(2) 
The Schenectady 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 preserve the public sewer system.