[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.]
[Adopted 6-15-1976 as L.L. No. 3-1976]
As used in this Article, the following terms
shall have the meanings indicated:
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.
Any user who discharges primarily segregated domestic waste
into the system.
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.
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]
Any user who discharges primarily industrial wastes into
the system.
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.
Costs associated with operation and maintenance, replacement,
debt service and City of Schenectady sewer system charges.
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.
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.
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.
The Superintendent or other head, acting or otherwise, of
the Department of Public Works of the Village of Scotia.
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.
The Village of Scotia.
The Village Clerk-Treasurer of the Village of Scotia.
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.
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.
ACT or THE ACT
APPROVAL AUTHORITY
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER
(1)
(2)
(3)
BOD (denoting biochemical oxygen demand)
BUILDING DRAIN
BUILDING SEWER
CATEGORICAL STANDARDS
CITY
COMBINED SEWER
COMMISSIONER OF HEALTH
CONTROL AUTHORITY
COOLING WATER
DEPARTMENT
DIRECT DISCHARGE
ENVIRONMENTAL PROTECTION AGENCY or EPA
GARBAGE
GRAB SAMPLE
HOLDING TANK WASTE
INDIRECT DISCHARGE
INDUSTRIAL USER
INDUSTRIAL WASTES
INTERFERENCE
NATIONAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARDS
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT
NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE
STANDARDS
NATURAL OUTLET
NEW SOURCE
NYSDEC
PASS THROUGH
PERSON
pH
PLUMBING INSPECTOR
POLLUTANT
POLLUTION
POTW TREATMENT PLANT or SEWAGE TREATMENT PLANT
PRETREATMENT REQUIREMENTS
PRETREATMENT or TREATMENT
PROPERLY SHREDDED GARBAGE
PUBLICLY OWNED TREATMENT WORKS (POTW) or SEWAGE WORKS
PUBLIC SEWER
SANITARY SEWER
SIGNIFICANT INDUSTRIAL USER
(1)
(2)
(3)
(4)
SPDES
STATE
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
STORM DRAIN or STORM SEWER
STORMWATER
SUPERINTENDENT
SUSPENDED SOLIDS
TOXIC POLLUTANT
USER
VILLAGE
WASTEWATER
WASTEWATER CONTRIBUTION PERMIT or WASTEWATER DISCHARGE PERMIT
WATERCOURSE
WATERS OF THE STATE
As used in this Article, the following terms shall
have the meanings indicated:
The federal Water Pollution Control Act, also known as the
"Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.
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.
May be:
A principal executive officer of at least the
level of vice-president, if the industrial user is a corporation;
A general partner or proprietor, if it is a
partnership or proprietorship, respectively; or
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.
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.
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.
The extension from the building drain to the public sewer
or other place of disposal.
National Categorical Pretreatment Standards or Pretreatment
Standard.
The City of Schenectady, New York.
A sewer receiving both surface runoff and sewage.
The Commissioner of Health of the Village of Scotia or his
duly authorized assistants.
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.
The water discharges from any use such as air conditioning,
cooling or refrigeration or to which the only pollutant added is heat.
The Department of Water Pollution Control of the City of
Schenectady.
The discharge of treated or untreated wastewater directly
to the waters of the State of New York.
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.
Solid wastes from the domestic and commercial preparation,
cooking and dispensing of food and from handling, storage and sale
of produce.
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.
Any waste from holding tanks such as chemical toilets, campers,
trailers, septic tanks and vacuum-tank trucks.
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).
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).
The liquid wastes from industrial manufacturing processes,
trade or business as distinct from sanitary sewage.
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.
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.
A permit issued pursuant to Section 402 of the Act (33 U.S.C. § 1324).
Any regulation developed under the authority of Section 307(b)
of the Act and 40 CFR 403.5.
Any outlet into a watercourse, pond, ditch, lake or other
body of surface water or groundwater.
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.
The New York State Department of Environmental Conservation
or its duly authorized representative.
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.
Any individual, firm, company, association, society, corporation
or group.
The logarithm of the reciprocal of the weight of hydrogen
ions in grams per liter of solution.
The Plumbing Inspector of the Village of Scotia or his duly
authorized deputy, agent or representative.
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.
The man-made or man-induced alteration of the chemical, physical,
biological and radiological integrity of water.
That portion of the POTW designed to provide treatment to
wastewater.
Any substantive or procedural requirement related to pretreatment,
other than a National Pretreatment Standard imposed on an industrial
user.
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).
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.
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.
A sewer in which all owners of abutting properties have equal
rights and which is controlled by public authority.
A sewer which carries sewage and to which stormwaters, surface
waters and groundwaters are not intentionally admitted.
Any industrial user of the city's wastewater disposal system
who:
Has a flow greater than five percent (5%) of
the flow in the city's wastewater treatment system;
Has in his wastes toxic pollutants as defined
pursuant to Section 307 of the Act or New York State statutes and
regulations;
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
Is a categorical industry as defined by the
EPA.
The State Pollutant Discharge Elimination System.
The State of New York.
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.
A sewer which carries storm- and surface waters and drainage
but excludes sewage and industrial wastes, other than unpolluted cooling
water.
Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
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.
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.
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.
Any person who contributes, causes or permits the contribution
of wastewater into the city's POTW.
The Village of Scotia, New York.
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.
As set forth in § 200-10B of this Article.
A channel in which a flow of water occurs, either continuously
or intermittently.
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:
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.
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]
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.
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:
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:
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.
(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.
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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.