[HISTORY: Adopted by the Common Council of the City of Cortland 12-15-1992 by L.L. No. 6-1992 (Ch. 14 of the 1969 Code of Ordinances). Amendments noted where applicable.]
Subdivision of land -- See Ch. 250.
Watercourses -- See Ch. 293.
§ 289-1. Policy and purpose.
This Wastewater Discharge Law sets uniform requirements for discharges into the wastewater collection and treatment system and enables the agency to comply with the administrative provisions of the grant regulations, the water quality requirements set by the New York State Department of Environmental Conservation and the applicable effluent limitation, national standards of performance, toxic and pretreatment effluent standards and any other discharge criteria which are required or authorized by state or federal law and to derive the maximum public benefit by regulating the quality and quantity of wastewater discharged into the agency sewer system. This chapter provides a means for determining wastewater volumes, constituents and characteristics, the setting of charges and fees and the issuance of permits to certain users. Revenues derived from the application of this chapter shall be used to defray the agency's cost of operating and maintaining adequate wastewater collection and treatment systems and to provide sufficient funds for capital outlay, bond service costs, capital improvements and depreciation.
§ 289-2. Definitions.
A. Unless otherwise defined herein, terms shall be as adopted in the most current edition of Standard Methods for the Examination of Water and Wastewater published by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation. Waste constituents and characteristics shall be measured by Standard Methods unless expressly stated or as established by federal or state regulatory agencies.
B. As used in this chapter, the following terms shall have the meanings indicated:
ADMINISTRATOR -- The Chief Operator of the Department of Wastewater Treatment or his designated representative.
AGENCY -- The City of Cortland Department of Wastewater Treatment.
BENEFICIAL USES -- Uses of the waters of the state that may be protected against quality degradation, including domestic, municipal, agricultural and industrial supply, power generation, recreation, aesthetic enjoyment, navigation and the preservation and enhancement of fish, wildlife and other aquatic resources or reserves and other uses, both tangible or intangible as specified by federal and state law.
BUILDING SEWER -- A sewer conveying wastewater from the premises of a user to a community sewer.
COMMUNITY SEWER -- A sewer owned and operated by the agency tributary to a treatment facility operated by the agency.
COOLING WATER -- The water discharged from any system of condensation, air conditioning, cooling refrigeration or other sources. It shall contain no polluting substances which would produce BOD5 or suspended solids each in excess of 10 milligrams per liter, or of toxic substances as limited in Article II.
FEDERAL ACT -- The Federal Water Pollution Act, PL 92-500, and any amendments thereto; as well as any guidelines, limitations and standards promulgated by the United States Environmental Protection Agency pursuant to the Act.
GARBAGE -- Animal and vegetable wastes from the preparation, cooking and disposing of food and from the handling, processing, storage and sale of food.
HOLDING TANK WASTE -- Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum pump tank trucks.
INDUSTRIAL USER -- Any nongovernmental user of publicly owned treatment works identified in any of the following divisions of the Standard Industrial Classification Manual, 1972, Office of Management and Budget:
Division A Agriculture, Forestry and Fishing
Division B Mining
Division D Manufacturing
Division E Transportation, Communication, Electric, Gas and Sanitary Services
Division I Services
INDUSTRIAL WASTES -- Any liquid, gaseous or solid substances, or a combination thereof, resulting from any process of industry, manufacturing, trade or business or from development or recovery of natural resources.
INDUSTRY -- Any establishment which uses water in a product or generates a wastewater during any period of production.
INFILTRATION -- The water entering a sewer system, including sewer service connections, from the ground, through such means as but not limited to defective pipes, pipe joints, connections or manhole walls. "Infiltration" does not include, and is distinguished from, inflow.
INFLOW -- The water discharged into a sewer system, including service connections from such sources as but not limited to roof leaders, cellar, yard and area drains, cooling water discharges, drains from springs and swampy areas, manhole covers, cross connections from storm sewers, catch basins, stormwaters, surface runoff, street wash waters or drainage. "Inflow" does not include and is distinguished from infiltration.
INTERFERENCE -- A discharge which, alone or in conjunction with a discharge or discharges from other sources, both:
(1) Inhibits or disrupts the agency's wastewater collection and/or treatment system, including its wastewater treatment processes or operations and its sludge treatment processes, use or disposal; and
(2) Therefore, is a cause of a violation of any requirement of the agency's State Pollutant Discharge Elimination System (SPDES) permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with applicable federal, state and local regulations.
MAJOR CONTRIBUTING INDUSTRY -- Any wastewater contributor identified in the Standard Industrial Classification (SIC) Manual in any of Divisions A, B, D, E and I that:
(1) Has a discharge flow of 50,000 gallons or more per average workday (if seasonal, the average shall be computed on the period of use); or
(2) Has a flow or pollutant loading greater than 5% of the design capacity of the agency's treatment works; or
(3) Has in its wastes toxic pollutants in toxic amounts as defined in the standards issued under Section 307(a) of the Federal Water Pollution Control Act Amendments of 1972; or
(4) Is found by the agency's authorized representative to have significant impact, either singly or in combination with other contributing industries, on the treatment works or upon the quality of effluent from the treatment works.
MASS EMISSION RATE -- The weight of material discharged to the community sewer system during a given time interval. Unless otherwise specified, a mass emission rate shall mean pounds per day of a particular constituent or combination of constituents.
PASS-THROUGH -- A discharge which exits the agency's wastewater collection and treatment system into water of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the agency's SPDES permit (including an increase in the magnitude or duration of a violation).
PERSON -- Any individual, firm, company, partnership, association and private, public and municipal corporations' responsible corporate officer, the United States of America, the State of New York, districts and all political subdivisions, governmental agencies and mandatoriesEN thereof.
POLLUTANTS -- Shall mean, or may be defined now or hereafter by appropriate local, state or federal authorities or by the Commissioner as, substances which may be present in wastewater, whether gaseous, liquid or solid, the amount which may contain soluble or insoluble solids of organic or inorganic nature which may deplete the dissolved oxygen content of natural waters, contribute solids, contain oil, grease or floating solids which may cause unsightly appearance on the surface of such waters or contain material detrimental to aquatic life.
PREMISES -- A parcel of real estate or portion thereof, including any improvements thereon, which is determined by the agency to be a single user for purposes of receiving, using and paying for service.
PRETREATMENT -- The treatment of wastewaters from sources before introduction into the sewage treatment works.
PRIORITY POLLUTANTS -- Any of the contaminants on the United States Environmental Protection Agency (USEPA) List of 126 Pollutants which are defined as priority pollutants.
PRIVATE SEWER -- A sewer either on private property or in a public street which has not yet been constructed by nor is controlled by a public agency.
PUBLICLY OWNED TREATMENT WORKS (POTW) -- The treatment works, as defined by Section 212 of the Act (33 U.S.C. § 1292), which is owned, in this case, by the City of Cortland. This definition includes any sewers and appurtenances that transport wastewater to the treatment plant, but does not include pipes, sewers or other conveyances not connected directly or indirectly to a facility providing treatment.
SANITARY SEWER -- A sewer intended to carry only sanitary or sanitary and industrial wastewater from residences, commercial buildings, industrial plants and institutions.
SANITARY WASTE -- Wash water, culinary wastes and liquid waste containing only human excreta and similar matter, flowing in or from a building drainage system or sewer originating in a dwelling, business building factory or institution.
SHALL -- The term "shall" is mandatory; "may" is permissive.
SHREDDED GARBAGE -- Garbage shredded to such a degree that all particles will be carried freely under flow conditions normally prevailing in public sewers, with no particle having a dimension greater than 1/2 inch in any direction.
SIGNIFICANT INDUSTRIAL USER (SIU) shall refer to:
(1) Any discharger subject to categorical pretreatment standards.
(2) Any other industrial user that discharges an average of 25,000 gallons per day or more of process wastewater (excluding sanitary, noncontact cooling and boiler blowdown wastewaters) to the wastewater treatment plant (WWTP) or that contributes a process waste stream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the WWTP; or
(3) That is designated as such by the WWTP on the basis that the industrial user has a reasonable potential for adversely affecting the WWTP operation or for violating any pretreatment standard or requirement. The WWTP may, at any time, upon its own initiative or in response to a petition received from a noncategorical user, with the consent of the appropriate control authority, determine that such industrial user is not a significant industrial user.
(4) Uses more than 10,000 pounds or 1,000 gallons per year of priority pollutants or substances of concern and discharges measurable quantities of these pollutants to the sewer system which can be shown to:
(a) Interfere with the operation of the WWTP;
(b) Pass through the treatment plant and pollute the receiving waters;
(c) Concentrate in the sludge, thereby limiting opportunities for disposal or reuse; or
(d) Pose a hazard to City workers; or
(5) Industries which are major contributing industries as previously defined.
SIGNIFICANT NONCOMPLIANCE (SNC) -- An industrial user is in significant noncompliance of the Wastewater Discharge Law if its violation(s) meet(s) one or more of the following criteria:
(1) Chronic violations of wastewater discharge limits, defined here as those, in 66% or more of all the measurements taken during a six-month period, which exceed (by any magnitude) the daily maximum limit or average limit for the same pollutant parameter.
(2) Technical review criteria (TRC) violations, defined here as those, in 33% or more of all of the measurements for each pollutant parameter taken during a six-month period, which equal or exceed the product of the daily maximum limits multiplied by the applicable TRC [TRC = 1.4 for biochemical oxygen demand (BOD), total suspended solids (TSS), fats, oil and grease; TRC = 1.2 for all other pollutants].
(3) Any violation of a pretreatment effluent limit (daily maximum or long-term average) that the Administrator determines has caused, alone or in combination with other discharges, interference or pass-through (including endangering the treatment plant personnel or the general public).
(4) Any discharge of a pollutant that has caused imminent endangerment to human health or welfare or to the environment or has resulted in the Administrator's exercise of his emergency authority under § 289-45 of this chapter.EN
(5) Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a permit, or enforcement order for starting construction, completing construction or attaining final compliance.
(6) Failure to provide, within 30 days after the due date, required reports such as baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports and reports on compliance with compliance schedules.
(7) Failure to report accurately any noncompliance with this chapter.
(8) Any other violation which the Administrator determines will adversely affect the implementation or operation of the Local Industrial Pretreatment Program.
STORM SEWER -- A sewer intended to carry only stormwaters, surface runoff, street wash water and drainage.
SUBSTANCES OF CONCERN -- Are those substances defined by the New York State Department of Environmental Conservation (NYSDEC) as substances of concern in their industrial chemicals survey (ICS) form.
TOXIC SUBSTANCES -- Any substance, whether gaseous, liquid or solid, which, when discharged to the sewer system in sufficient amounts, may tend to interfere with any sewage treatment process, constitute a hazard to recreation in the receiving waters of the effluent from the sewage treatment plant, pose a hazard to men working in the sewer system or constitute a hazard to fish or animal life.
TREATMENT WORKS -- Any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage and/or industrial wastes of a liquid nature or necessary to recycle or reuse water at the most economical cost over the useful life of the works, including interceptor sewers, outfall sewers, sewage collection systems, metering stations, pumping, power and other equipment and appurtenances; extensions, improvements, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and any works, including site acquisition of the land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment; or any other method or system for preventing, abating, reducing, storing, treating, separating or disposing of municipal waste, including storm runoff, or industrial waste, including waste in combined stormwater and sanitary sewer systems.
UNPOLLUTED WATER -- Water to which no constituent has been added, either intentionally or accidentally, which would render such water unacceptable to the agency having jurisdiction thereof for disposal to storm or natural drainages or directly to surface waters.
USER -- Any person that discharges, causes or permits the discharge of wastewater to the community sewer system.
USER CLASSIFICATION -- A classification of user based on flow and chemical constituents.
WASTE -- Any substance which contains sewage and any and all other waste materials from habitation, of human or animal origin, or from any producing, manufacturing or processing operations of whatever nature, including such wastes placed within containers of whatever nature prior to and for purposes of disposal.
WASTEWATER -- Waste and water, whether treated or untreated, discharged into or permitted to enter a community sewer.
WASTEWATER CONSTITUENTS AND CHARACTERISTICS -- The individual chemical, physical, bacteriological and radiological quality (parameters), including volume and flow rate and such other parameters that serve to define, classify or measure the contents, quantity, quality and strength of wastewater.
WASTEWATER TREATMENT PLANT -- Any arrangement of devices and structures or methods used for treating sewage.
WATERS OF THE STATE -- Any water, surface or underground, within the boundaries of the State of New York.
ARTICLE II, Regulations
§ 289-3. Use of public sewers required.
A. It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the City of Cortland, or in any area under the jurisdiction of said City, any human or animal excrement, garbage or objectionable waste.
B. It shall be unlawful to discharge to any natural outlet within the City of Cortland, or in any area under the jurisdiction of said City, any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.
C. Except as hereinafter provided, it shall be unlawful to construct or maintain any privy vault, septic tank, cesspool or other facility intended or used for the disposal of wastewater.
D. The owner(s) of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the City and abutting on any street, alley or right-of-way in which there is not located or may in the future be located a public sanitary sewer of the City, is hereby required at the owner'(s) expense to install suitable toilet facilities directly with the proper public sewer in accordance with the provisions of this chapter within 90 after date of official notices to do so, provided that said sewer is within 100 feet (30.5 meters) of the property line.
§ 289-4. Private wastewater disposal.
A. Where a public sanitary sewer is not available under the provisions of the previous section, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of this section.
B. Before commencement of construction of a private wastewater disposal system, the owner(s) shall first obtain a written permit signed by the Public Health Administrator of the Cortland County Health Department. The application for such permit shall be made on a form furnished by the Health Department, which the applicant shall supplement by any plans, specifications and other information as are deemed necessary by the Administrator. The permit and inspection are subject to a fee which shall be paid to the Health Department at the time the application is filed.
C. At such time as a public sanitary sewer becomes available to a property served by a private wastewater disposal system, as provided in § 289-3D, a direct connection shall be made to the public sewer within 60 days in compliance with this chapter, and any septic tanks, cesspools and similar wastewater disposal facilities shall be cleaned of sludge and filled with suitable material.
D. The owner(s) shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times, at no expense to the City of Cortland.
E. No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by the Cortland County Health Department.
§ 289-5. Building sewers and connections.
A. No unauthorized person(s) shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Administrator.
B. There shall be two classes of building sewer permits: for residential and commercial service and for service to establishments producing industrial wastes. In either case, the owner(s) or his agent shall make application which shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Administrator. Applicable permit and inspection fees shall be paid to the City at the time the application is filed.
C. All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner(s). The owner(s) shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
D. A separate and independent building sewer shall be provided for every building; except that, where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, the front building may be extended to the rear building and the whole considered as one building sewer, but the City does not and will not assume any obligation or responsibility for damage caused by or resulting from any such single connection aforementioned.
E. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Administrator, to meet all requirements of this chapter.
F. The size, slope, alignment, materials or construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, shall conform to the requirements of the Building and Plumbing CodeEN or other applicable rules and regulations of the City of Cortland.
G. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.
H. No person(s) shall make connection of roof downspouts, foundation drains, areaway drains or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer unless such connection is approved by the Administrator for the purpose of disposal of polluted surface drainage.
I. The connection of the building sewer into the public sewer shall conform to the requirements of the Building and Plumbing CodeEN or other applicable rules and regulations of the City. All such connections shall be made gastight and watertight and verified by proper testing. Any deviation from the prescribed procedure and materials must be approved by the Administrator before installation.
J. The applicant for the building sewer permit shall notify the Administrator when the building sewer is ready for inspection and connection to the public sewer. The connection and testing shall be made under the supervision of the Administrator or his representative.
K. All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the City of Cortland.
§ 289-6. Prohibitions on discharge.
A. General prohibitions. No user shall introduce any pollutant(s) to the agency's wastewater collection and treatment system which, alone or in conjunction with a discharge or discharges from other sources, cause pass-through or interference. These general prohibitions apply to all users whether or not the user is subject to National Pretreatment Standards, or any other national, state or local pretreatment requirements.
B. Specific prohibitions. Without limiting the generality of the prohibitions specified in Subsection A of this section, no user shall introduce any of the following substances to the agency's wastewater collection and treatment system:
(1) Any solids, liquids or gases which, by reason of their nature or quality, are or may be sufficient, either alone or by interaction with other substances, to cause a fire or explosion or be injurious in any way to the POTW, or to the operation of the POTW. At no time shall both of two successive readings on a flame-type explosion hazard meter, at the point of discharge into the system (or any other point in the system), be more than 25% or any single reading be more than 40% of the lower explosive limit (LEL) of the meter. Unless explicitly allowable by a written permit, prohibited materials include but are not limited to gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, carbides, hydrides and sulfides and any other substance which the City, state or the USEPA has determined to be a fire or explosion hazard to the agency's wastewater collection and treatment system.
(2) Solid or viscous substances which may cause obstruction to the flow in a sewer or otherwise interfere with the operation of the agency's wastewater collection and treatment facilities. Unless explicitly allowable by a written permit, such substances include but are not limited to grease, garbage with particles greater than 1/2 inch in any dimension, animal guts or tissues, paunch, manure, bones, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, gas, tar asphalt residues, residues from refining or processing fuel or lubricating oil, mud or glass or stone grinding or polishing wastes.
(3) Any wastewater having a pH less than 5.0 or greater than 10.0 or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment and/or agency personnel.
(4) Any wastewater containing toxic pollutants in sufficient quantity, either singularly or by interaction with other pollutants (including heat), to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the agency's wastewater treatment system or to exceed the limitation set forth in the Categorical Pretreatment Standard. A toxic substance shall include but is not limited to any pollutant identified pursuant to Section 307(A) of the Federal Act.
(5) Any noxious or malodorous solids, liquids or gases 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 their maintenance or repair.
(6) Oils and grease. Any commercial, institutional or industrial wastes containing fats, waxes, grease or oils, which become visible when cooled to 10° C. (50° F.), any petroleum oil, nonbiodegradable cutting oil or products of mineral origin, in excess of 100 milligrams per liter (mg/l) or in amounts that will cause interference or pass-through.
(7) Any wastewater with objectionable color which is not removed in the treatment process, such as but not limited to dye wastes and vegetable tanning solutions.
(8) Any solid, liquid, vapor or gas having a temperature higher than 65° C. (150° F.); however, such materials shall not cause the agency's treatment plant influent temperature to be greater than 40° C. (104° F.). The Superintendent reserves the right, in certain instances, to prohibit or limit the discharge of wastes whose maximum temperatures are lower than 65° C.
(9) Unusual flow rate or concentration of wastes, constituting slugs, except by industrial wastewater permit.
(10) Any wastewater containing any radioactive wastes, except as approved by the chief operator and in compliance with applicable state and federal regulations.
(11) Any wastewater which causes a hazard to human life or which creates a public nuisance, either by itself or in combination in any way with other wastes.
(12) Any wastewater with a closed-cup flash point of less than 140° F. or 60° C. using the test methods specified in 40 CFR Part 261.21.
(13) Any pollutants which result in the presence of toxic gases, vapors or fumes within the POTW in a quantity that may cause acute worker health and safety problems.
C. Affirmative defenses. A user shall have an affirmative defense in any action brought against it alleging a violation of the general prohibitions established in Subsection A of this section where the user can demonstrate that:
(1) It did not know, or have reason to know, that its discharge, alone or in combination with a discharge from other sources, would pass through or cause interference.
(2) The user was in compliance with all applicable federal, state and local discharge limit actions directly prior to and during the pass-through or interference.
(3) The user's discharge directly prior to and during the pass-through or interference did not change substantially in nature or constituents from the user's prior discharge or activity when the POTW was in compliance with SPDES discharge permit requirements and applicable sewage sludge user or disposal requirements.
§ 289-7. Prohibition on storm drainage and groundwater.
Stormwater, groundwater, rainwater, street drainage, subsurface drainage or yard drainage shall not be discharged through direct or indirect connections to a community sewer.
§ 289-8. Prohibition on unpolluted water.
Unpolluted water, including but not limited to cooling water, process water or blowdown from cooling towers or evaporative coolers, shall not be discharged through direct or indirect connection to a community sewer.
§ 289-9. Limitations on radioactive wastes.
No person shall discharge or cause to be discharged any radioactive waste into a community sewer except:
A. When the person is authorized to use radioactive materials by the State Department of Health or other governmental agency empowered to regulate the use of radioactive materials.
B. When the waste is discharged in direct conformity with current New York State Department of Environmental Conservation regulations and the Atomic Energy Commission regulations and recommendations for safe disposal.
C. When the person is in compliance with all rules and regulations of all other applicable regulatory agencies.
§ 289-10. Limitations on use of garbage grinders.
Waste from garbage grinders shall not be discharged into a community sewer except:
A. Wastes generated in preparation of food normally consumed on the premises.
B. Where the user has obtained a permit for that specific use from the agency, and agrees to undertake whatever self-monitoring is required to enable the agency to equitably determine the charges and fees based on the waste constituents and characteristics.
C. Such grinders must shred the waste to a degree that all particles will be carried freely under normal flow conditions prevailing in the community sewer. Garbage grinders shall not be used for grinding plastic, paper products, inert materials or garden refuse.
§ 289-11. Limitations on point of discharge.
No person shall discharge any substances directly into a manhole or other opening in a community sewer other than through an approved building sewer, unless he has been issued a permit by the agency. If a permit is issued for such direct discharge, the user shall pay the applicable charges and fees and shall meet such other conditions as required by the agency.
§ 289-12. Holding tank waste.
No person shall discharge any holding tank waste into the community sewer unless he has been issued a permit by the agency. Unless otherwise allowed by the agency under the terms and conditions of the permit, a separate permit must be secured for each separate discharge. This permit will state the specific location of the discharge, the time of day the discharge is to occur, the volume of the discharge and the wastewater constituents and characteristics. If a permit is granted for discharge of such waste into a community sewer, the user shall pay the applicable charges and fees and shall meet other conditions as required by the agency. An exception to the above is that no permit will be required for discharge of domestic wastes from mobile holding tanks, provided that such discharges are made into an agency-approved facility designed to receive such wastes. Issuance of a permit to a person does not in any manner alleviate said person from the responsibilities stated herein.
§ 289-13. Limitations on wastewater strength. [Amended 7-2-1996 L.L. No. 1-1996]
No person shall discharge wastewater containing in excess of the following concentrations into any portion of the public sewer system:
Effluent Values (mg/l)
Arsenic, total 0.2
Cadmium, total 0.1
Chromium, total 0.8
Copper, total 0.8
Iron, total 30
Lead, total 0.2
Nickel, total 1.8
Selenium, total 0.2
Silver, total 0.2
Zinc, total 3.6
Cyanide, total 0.15
Phenolics, total 0.09
Xylenes, total 2.0
Diethyl phthalate 0.2
Bis (2-ethylhexyl) phthalate 0.4
§ 289-14. Disposal of unacceptable waste.
Waste not permitted to be discharged into the community sewer must be transported to a state-approved disposal site. The required waste haulers report must be completed and a copy furnished within 30 days to the agency by the discharger.
§ 289-15. Disposal of trucked or hauled wastes.
A. Licenses and application. The discharge of trucked or hauled wastes into the community sewer system and public sewers tributary thereto will be permitted only with the written approval of the Administrator. Applicants for such approval shall apply on a form provided by the Administrator. These forms may require information such as vehicle specifications, vehicle license number, vehicle color, NYSDEC permits issued under NYCRR Part 364, approximate annual septage volume expected, service area and any other information that the Administrator may require to determine whether the trucked or hauled wastes could adversely impact the treatment plant.
B. Fee. The licensee of trucked or hauled wastes will be charged a fee for each dumping. The fee shall be prescribed by the Administrator.
C. Concurrent requirements. The applicant for a license to truck or haul wastes shall be the owner of the vehicle or vehicles to be used for such discharge. Any false or misleading statement in any license application shall be grounds for invalidating the license. All licenses issued by the Administrator for this purpose shall be for one year. The licensee shall also be duly permitted by the NYSDEC under 6 NYCRR Part 364 ("364 permit"). If, for any reason, the 364 permit is revoked, the 364 permit lapses or becomes invalid, then the license issued under this section shall become invalid immediately. All acts performed in connection with the license shall be subject to the inspection and regulations established by the Administrator, the terms and conditions of the license and all applicable local and general laws, ordinances and regulations which are now or may come into effect, and such license may be suspended or revoked, at any time, by the Administrator for willful, continued or persistent violation.
D. Dumping location and timing. The Administrator may require discharging only at certain locations within the treatment plant, and only at certain times and only on certain days of the week or seasons of the year, as shall be stated on such license, or as may relocated by the Administrator, after appropriate notice; the time and conditions for permissible discharge shall be set forth on the license, or as may be revised by the Administrator, after appropriate notice.
E. Notification of dumping. Each discharge of trucked or hauled wastes shall be made with the approval of the Administrator. The Administrator may require inspection, sampling and analysis of each load prior to the discharge of a load. Any extra costs associated with such inspection, sampling and analysis shall be paid by the licensee.
ARTICLE III, Wastewater Volume Determination
§ 289-16. Metered water supply.
When charges and fees are based upon water usage, such charges and fees shall be applied against the total amount of water used from all sources unless, in the opinion of the agency, significant portions of water received are not discharged to the community sewer. The total amount of waste used from public and private sources will be determined by means of public meters or private meters, installed and maintained at the expense of the user and approved by the agency.
§ 289-17. Metered wastewater volume and metered diversions.
When charges and fees are based upon water usage and where, in the opinion of the agency, significant portions of water received from any metered source do not flow into the community sewer because of the principal activity of the user or removal by other means, the charges and fees will be applied against the volume of water discharged from such premises into the community sewer. Written notification and proof of the diversion of water must be provided by the user, and approved by the agency, if the user is to avoid the application of the charges and fees against the total amount of water use from all sources. The user may install a meter of a type and at a location approved by the agency and at the user's expense. Such meters shall be maintained at the expense of the user and be tested for accuracy at the expense of the user when deemed necessary by the Administrator.
§ 289-18. Estimated wastewater volume.
A. Users without source meters. For users where, in the opinion of the agency, it is unnecessary or impractical to install meters, the charges and fees may be based upon an estimate of the volume to be discharged prepared by the agency. A Rational Method will be used to estimate the quantity of wastewater discharged and may consider such factors as the number of fixtures, seating capacity, population equivalent, annual production of goods and services or such other determinations of water use necessary to estimate the wastewater volume discharged. The agency reserves the right to enter any premises for the purpose of estimating and measuring water or wastewater usage.
B. Users with source meters. For users who, in the opinion of the agency, divert a significant portion of their flow from a community sewer, the charges and fees may be based upon an estimate of the flow and volume to be discharged, prepared by the user and approved by the agency, provided that the user obtains a wastewater discharge permit and pays the applicable charges and fees. The estimate must include the method of calculations used to determine the wastewater volume and may consider such factors as the number of fixtures, seating capacity, population equivalent, annual production of goods and services or such other determinations of water use necessary to estimate the wastewater volume discharged.
ARTICLE IV, Discharge Report, Wastewater Discharge Permits and Administration
§ 289-19. Discharge reports; discharge of hazardous waste notification requirements.
A. The agency may require that any person discharging or proposing to discharge wastewater into a community sewer file a periodic discharge report. The discharge report may include but not be limited to the nature of the process, volume, rates of flow, mass emission rate or other information which relates to the generation of waste, including wastewater discharge. Such reports may also include the chemical constituents and quantity of liquid or gaseous materials stored on site, even though they are not normally discharged. In addition to the discharge reports, the agency may require information in the form of wastewater discharge permit applications and self-monitoring reports.
B. Discharge of hazardous waste notification requirements. An industrial user shall notify the Administrator, the EPA Regional Waste Management Division Director and the State Hazardous Waste Authorities in writing of any discharge into the community sewer of a substance which, if otherwise disposed of, would be a hazardous waste under the Resource Conservation and Recovery Act (40 CFR Part 261). Such notification should include the name of the hazardous waste as set forth in the aforementioned regulation, the EPA hazardous waste number and the type of discharge (continuous, batch or other). If the IU discharges more than 100 kilograms per calendar month to the treatment plant, the notification shall also contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents in the waste, an estimation of the mass and concentration in the waste stream expected to be discharged during the calendar month and an estimation of the mass of constituents expected to be discharged during the following twelve months. All notifications must take place within 180 days after the discharge of the listed or characteristic waste. Any notification under this subsection need be submitted only once for each hazardous waste discharged. If notification of hazardous waste discharge is made under this subsection, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.
§ 289-20. Industrial discharge permits.
A. Mandatory permits. Any significant or major contributing industry must obtain an industrial wastewater permit within 120 days after notification by the agency. Any new significant or major contributing industry that will be connecting to the community sewer must obtain a wastewater discharge permit prior to discharging to the sewer.
B. Optional permits. The Administrator may issue a wastewater discharge permit to any user upon application, in accordance with the terms of this section in the following categories:
(1) A user who requests charges and fees to be based on an estimate of wastewater flow; or
(2) Any user whose wastewater strength is less than the normal range for the user classification to which he is assigned because of pretreatment, process changes or other reasons.
C. Permit application.
(1) Users seeking a wastewater discharge permit shall complete and file with the Administrator an application in the form prescribed by the Administrator and accompanied by the applicable fees. The applicant may be required to submit, in units and terms appropriate for evaluation, the following information:
(a) Name, address and SIC number of applicant.
(b) Volume of wastewater to be discharged.
(c) Wastewater constituents and characteristics.
(d) Time and duration of discharge.
(e) Average and thirty-minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any.
(f) Site plans, floor plans, mechanical and plumbing plans and details to show all sewers and appurtenances by size, location and evaluation.
(g) Description of activities, facilities and plant processes on the premises, including all material, processes and types of materials which are or could be discharged.
(h) Each product produced by type, amount and rate of production.
(i) Number and type of employees and hours of work.
(j) Any other information as deemed necessary by the Administrator to be necessary to evaluate the permit application.
(2) The Administrator will evaluate the data furnished by the user and may require additional information. After evaluation and approval of all data required, the Administrator may issue a wastewater discharge permit subject to terms and conditions herein.
D. Permit conditions. wastewater discharge permits shall be expressly subject to all provisions of this chapter and all other ordinances, regulations, charges and fees established by this agency. The conditions of wastewater discharge permits shall be uniformly enforced by the Administrator in accordance with this chapter and applicable state and federal regulations. Permits may contain the following:
(1) The unit charge or schedule of charges and fees for the wastewater discharged to the community sewer.
(2) The average and maximum wastewater constituents and characteristics.
(3) Limits on rate and time of discharge or requirements for flow regulation and equalization.
(4) Requirements for installation of inspection and sampling facilities.
(5) Pretreatment requirements.
(6) Specifications for monitoring programs, which may include sampling locations, frequency and method of sampling, number, types and standards for tests and reporting schedule.
(7) Requirements for submission of technical reports or discharge reports.
(8) Requirements for maintaining plant records relating to wastewater discharge as specified by the agency and affording the agency access thereto.
(9) Mean and maximum mass emission rates or other appropriate limits.
(10) Other conditions as deemed appropriate by the agency to ensure compliance with this chapter.
E. Duration of permits. wastewater discharge permits shall be issued for a specified period, not to exceed five years. A permit may be issued for a period of less than one year and may be stated to expire on a specific date. If the user is not notified by the agency 30 days prior to the expiration of the permit, the permit shall be extended one additional year. The terms and conditions of the permit may be subject to modification and change by the agency during the life of the permit as limitations or requirements as identified in § 289-13 are modified or changed. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
F. Transfer of a permit. Wastewater discharge permits are issued to a specific person for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises or a new or changed operation.
G. Revocation of a permit. Any user who violates the conditions of the wastewater discharge permit, any provisions of this chapter, applicable state or federal regulations or any of the following is subject to having his permit revoked:
(1) Failure of a user to factually report the wastewater constituents and characteristics of his discharge.
(2) Failure of the user to report significant changes in operations or wastewater constituents and characteristics.
(3) Refusal of reasonable access to the user's premises for the purpose of inspection and monitoring.
§ 289-21. Monitoring facilities.
A. Users who propose to discharge or who, in the judgment of the agency, could discharge, now or in the future, wastewater with constituents and characteristics different from that produced by a domestic premises (see § 289-29 herein) will be required to install a monitoring facility. When more than one user can discharge into a common building sewer, the agency may require installation of a separate monitoring facility for each user. Also, when, in the judgment of the agency, there is a significant difference between multiple discharges from a single user, the agency may require that separate monitoring facilities be installed for each separate discharge.
B. 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 wastewater produced by a user. If sampling or metering equipment is also required by the agency, it shall be provided, installed and operated at the user's expense. The monitoring facility will normally be required to be located on the user's premise outside of the building. The agency may, however, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area, with the approval of the public agency having jurisdiction over the street or sidewalk, and located so that it will not be obstructed by landscaping or parked vehicles.
C. If the monitoring facility is inside the user's fence, there shall be accommodations to allow safe and immediate access for agency personnel, such as a gate secured with an agency lock. There shall be ample room in or near such facility to allow accurate sampling and compositing of samples for analysis. The entire facility and the sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition by and at the expense of the user.
D. Whether constructed on public or private property, the monitoring facilities shall be constructed in accordance with the agency's requirements and all applicable local agency construction standards and specifications.
E. When, in the judgment of the agency, an existing user requires a monitoring facility, the user will be so notified in writing. Construction must be completed within 90 days following written notification unless a time extension is otherwise granted by the agency.
§ 289-22. Inspection and sampling; slug control.
A. The agency may inspect the facilities of any user to ascertain whether the purpose of this chapter is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the agency representative ready access at all reasonable times to all parts of the premises for the purpose of inspection or sampling or in the performance of any of their duties. The agency shall have the right to set up on the user's property such devices as are necessary to conduct sampling or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with their security guards so that, upon presentation of suitable identification, personnel from the agency will be permitted to enter without delay for the purposes of performing their specific responsibilities.
B. The agency may sample and analyze the effluent from the industrial users and conduct surveillance activities in order to identify, independent of information supplied by industrial users, occasional and continuing noncompliance with pretreatment standards. In addition, the agency will inspect and sample the effluent from each significant industrial user at least once a year.
C. When required by the Administrator, detailed plans and procedures to prevent accidental discharge or slug discharges shall be submitted to the Administrator for approval. These plans and procedures shall be called a "spill prevention, control and countermeasure plan" (SPCC plan). The plan shall address, at a minimum, the following:
(1) Description of discharge practices, including nonroutine batch discharges.
(2) Description of stored chemicals.
(3) Procedures for immediately notifying the wastewater treatment plant of any accidental or slug discharge. Such notification must also be given for any discharge that would violate any provision of the discharge permit or any national prohibitive discharge standard.
(4) Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents) and/or measures and equipment for emergency response. The administrator shall evaluate industrial users once every two years to determine whether any industrial user needs a plan to control slug discharges.
§ 289-23. Pretreatment facilities.
Users shall make wastewater acceptable under the limitations established herein before discharging into any community sewer. Any facilities required to pretreat wastewater to a level acceptable to the agency shall be provided and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operation procedures shall be submitted to the agency for review and shall be approved by the agency 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 chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be approved by the agency.
§ 289-24. Protection from accidental discharge.
A. Each user shall provide protection from accidental discharge of prohibited materials or other wastes regulated by this chapter. Facilities to prevent accidental discharge of 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 agency for review and shall be approved by the agency before construction of the facility.
B. The review and approval of such plans and specifications shall in no way relieve the user from the responsibility of modifying the facility as necessary to provide the protection necessary to meet the requirements of this chapter.
§ 289-25. Confidential information.
A. All information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or any other governmental agency without restriction unless the user specifically requests that such information be treated as confidential and shows that the release of such information on processes or methods would be detrimental to the user's competitive position.
B. When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made to governmental agencies for use in making studies. Such portions of a report shall also be made available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.
C. Information accepted by the agency as confidential shall not be transmitted to any other governmental agency until such time that the agency has assurance of its confidential treatment and only after adequate notification is given to the user.
§ 289-26. Special agreements.
Special agreements and arrangements between the agency and any person or agencies may be established when, in the opinion of the agency, unusual or extraordinary circumstances compel special terms and conditions. No such special agreement or arrangement, however, shall have the effect of modifying or revising any effluent limitations established in accordance with the Federal Act unless such a revision is granted in accordance with mechanisms established under 40 CFR Part 403.7.
§ 289-27. Authorized access.
In addition to agency personnel, employees from the United States Environmental Protection agency and the New York State Department of Environmental Conservation shall be given access for the purpose of inspection, observation, measurement, sampling and testing.
ARTICLE V, Wastewater Charges and Fees
§ 289-28. Statement of policy.
The City, in order to comply with applicable federal and state laws and regulations and to provide an equitable method of payment of the cost and construction, operation, maintenance and debt service of the City sewer system and wastewater treatment plant, establishes and imposes, pursuant to General Municipal Law Article 14-F and other applicable statutory authority, an annual sewer rent charge upon real property of the users of said system within the City. In addition, the Common Council is authorized and empowered to enter into such agreements with other municipalities and persons or to enact necessary legislation to ensure that users of said system located outside of the City shall pay an equitable portion of the cost of the system.
§ 289-29. Classification of users.
The Administrator shall classify property into industrial and nonindustrial users, depending upon the type of discharge from the property. Any property discharging other than average domestic sewage shall be subject to the provisions of this article governing industrial users. Average domestic sewage shall be wastewater with a maximum of the following characteristics:
Biochemical oxygen demand (BOD) 200
Carbonaceous oxygen demand (COD) 375
Nitrogenous oxygen demand (NOD) 185
Suspended solids 250
Oil and grease 40
§ 289-30. Nonindustrial sewer charge.
A. Sewer charges shall be determined and billed quarterly on January 1, April 1, July 1 and October 1 of each year.
B. The sewer charge shall be determined on each of the foregoing dates by multiplying the number of 100 cubic feet of water (rounded to the lowest whole number), used by a user for the preceding three months as determined by the City Water Board, by the annual sewer rate determined by the Administrator and approved by the Common Council. The rate shall be determined by dividing the total annual budget for operation and maintenance and local debt of the wastewater treatment facility by the average estimated metered water usage within the City and from those areas outside the City which utilize the wastewater treatment plant.
C. On or before October 15 of each year, the Administrator shall determine the rate per 100 cubic feet of metered water to be charged for sewer service during the next calendar year. As soon as practicable after determining such rate, the Administrator shall give notice thereof in the official newspapers of the City and further notice of at least 10 days that a public meeting will be held before the Common Council at its next regular meeting to consider approval of such rate.
D. In the case of a user who contributes an amount of sewage substantially less or greater than the amount of metered water used by the user, the Administrator shall determine a fair and equitable sewer charge, taking into consideration the provisions of Article III of this chapter and such rules and regulations as may be prescribed by the agency. "Substantial," for the purposes hereof, shall mean at least 15%.
E. Any user aggrieved by the sewer charge shall present his grievance to the Wastewater Treatment Plant Board appointed by the Mayor with the approval of the Common Council. Such Board shall have the power to review such grievance and to affirm or modify the sewer charge. If the charge is modified, the Board shall state its reasons in writing and shall order that a refund be paid to the grievant. Any grievant dissatisfied with the Board's decision may appeal to the Common Council which shall promptly act thereon.
§ 289-31. Payment of sewer rents.
A bill for each quarterly sewage charge shall be mailed on or about the dates set forth in the preceding section to the last known user of each metered premises in the City as shown on the records of the City Water Board. Payment of such bill at the office of the City Water Board in City Hall shall be made no later than 30 days from the date of the billing. Failure to timely mail such bill or failure of any user to receive such billing shall not be an excuse for nonpayment. Any payments not received by the Water Board or any other designated place of payment within thirty days of the billing date shall be subject to a late fee of 10% of the amount of such bill which shall be added to the amount of the next bill.
§ 289-32. Capital cost recovery.
Capital costs attributable to the construction of the wastewater treatment plant shall be recovered by a special benefit assessment against all real property within the City in such manner and in such amounts as the Director of Administration and Finance and the Common Council shall determine, and in accordance with law.
§ 289-33. Penalties for late or no payment.
Penalties for late or nonpayment of an installment of sewer rents are hereby fixed as, and made nonincidental with, those penalties fixed after late payment of real property taxes as currently established and as amended by the Common Council.
§ 289-34. Delinquent sewer rents.
Sewer rents shall constitute a lien upon real property within the City to the extent set forth in General Municipal Law § 452, and the City may enforce the collection of delinquent sewer rents by any method authorized by said section.
§ 289-35. Computation of industrial user charge.
Industrial users connected to the sewer system by any means shall pay an industrial user charge for the utilization of the treatment works for discharging industrial wastes or other wastes accepted for discharge. The industrial user charge shall consist of but not be limited to the following charges:
A. Operation and maintenance charges.
B. Local debt service charges. Computation of the applicable industrial user charge shall be done by the Administrator using the following formulas:
For operation and maintenance:
QP(QI) SP(SI) BP(BI) NP(NI)
IC = OM ----- + ----- + ----- + ----- + M
QT ST BT NT
For local debt service charges:
TQP(QI) TSP(SI) TBP(BI) TNP(NI)
ILS = LD ------ + ------ + ------ + ----- + M
QT ST BT NT
IC = Industrial share of operation and maintenance costs
QM = Annual operation and maintenance costs
QP = Percentage of O&M attributable to flow
QI = Average daily flow (mgd) from industry
QT = Average daily flow (mgd) at treatment plant
SP = Percentage of O&M attributable to SS
SI = Average daily discharge SS (lbs/day) from industry
ST = Average daily SS (lbs/day) at treatment plant
BP = Percentage of O&M attributable to BOD
BI = Average daily discharge BOD (lbs/day) from industry
BT = Average daily BOD (lbs/day) at treatment plant
NP = Percentage of O&M attributable to NOD
NI = Average daily discharge NOD(lbs/day) from industry
NT = Average daily NOD (lbs/day) at treatment plant
M = Any other parameter
ILS = Industrial share of local debt
LD = Annual local debt payment
TQP = Percentage of treatment plant cost attributable to Q
TSP = Percentage of treatment plant cost attributable to SS
TBP = Percentage of treatment plant cost attributable to BOD
TNP = Percentage of treatment plant cost attributable to NOD
This formula is based on a thirty-year payback, although a lump sum payment can be made.
The total industrial waste surcharge (IWS) is computed using the following equations:
1. The total local charge (TLC) is the sum of the operation and maintenance charge (IC) and the debt retirement charge (ILS):
TLC = IC + ILS
2. The industrial waste surcharge (IWS) is the total local charge less any taxes (TX), as provided by law, paid by the user which provides revenue for operating and/or paying the capital cost of a treatment facility. If the taxes (TX) are greater than the total local charges (TLC), there shall be no reimbursement:
IWS = TLC - TX
§ 289-36. Basis for determination.
The industrial waste surcharge is based upon the measured or estimated constituents and characteristics of the wastewater discharge of the user which may include but not limited to: flow rate, biochemical oxygen demand, total suspended solids and nitrogen. The wastewater constituents used to calculate the industrial surcharge will be those determined by the Administrator. Any data provided by the user may be used in addition to the data obtained by the Administrator.
§ 289-37. Volume determination.
In applying the surcharge formulas, the Administrator may represent the flow discharged into the sewer system by:
A. The amount of water supplied to the premises as shown on the water meter, or water records if the premises is metered.
B. The volume of wastewater discharged into the sewer system as determined by measurements and samples taken at the monitoring facility installed by the owner served by the sewer system.
C. Allowance for water not discharged to the sewer system will be made at the discretion of the Administrator.
D. A figure determined by the Administrator by a combination of the foregoing or by any other equitable method.
§ 289-38. Determination of pollutant concentration.
A. The pollutant concentration of any wastewater shall usually be determined from representative samples discharged to the community sewers, taken by representatives of the Administrator at sampling stations as described in §§ 289-21 and 289-22, at any period or time, or at any place or manner, or of such duration and in such manner as the Administrator may elect, or at any place or manner mutually agreed upon between the user and the Administrator. The intent of any sampling procedure is to establish the pollutant concentration in the wastewater discharge during an average or typical working day. This concentration may be derived, according to the best judgment of the Administrator.
B. The analysis of samples taken shall be performed in a laboratory of the Department, or a laboratory designated by the Department, and the surcharge and/or acceptability of the wastes shall be determined from said analysis.
C. All surcharges shall be based on the analysis of the wastes from any plant or premise related to the analysis of the total volume of wastes received at the treatment plant. The average value of the concentrations of pollutants measured during a calendar year shall be used in calculating the industrial waste surcharge.
D. Whenever the wastes discharged from a premises to a public sewer might be expected to show appreciable variation during the year due to manufacturing process or production variation due to seasonal changes, the Administrator may average the results of the two or more series of analysis taken to reflect these variations and thereby determine an average pollutant concentration.
§ 289-39. Pollutant concentration disputed by user.
A. In the event that a pollutant concentration of the waste discharged from a premises to a public sewer as determined under the preceding section is disputed by a user, a program of resampling and flow measurement with subsequent analytical determination may be instituted as follows:
(1) The person must submit a request for resampling and flow measurements of the wastes to the Administrator.
(2) A consultant of recognized professional standing in the employ of the user must confer with representatives of the Administrator in order that an agreement may be reached as to the various factors which must be considered on a new sampling program.
(3) The consultant of recognized professional standing employed by the user shall conduct a resampling and reanalysis program, under the direction of the Administrator, for a period of not less than 48 hours.
B. The results of the resampling and reanalysis shall be considered to be the current analysis of the wastes discharged to the sewer system and shall be used for determining the acceptability of sampling and analysis results in question. The new results shall be used in place of the results in question or in addition to other data collected by the Department for determining the industrial waste surcharge and/or compliance with the requirements of this chapter.
§ 289-40. Incorporation of provisions.
In determining the industrial user charge and the payment, collection and penalties thereof, the applicable provisions of §§ 289-30 through 289-33 are made a part hereof as if set forth in full herein.
§ 289-41. Cooperation.
The Mayor is authorized to have any City department, agency, officer or employee, including the Wastewater Treatment Board and its officers or members, to assist the Administrator and agency to implement this chapter.
ARTICLE VI, Enforcement and Penalties for Offenses
§ 289-42. Accidental discharge.
A. Notification of discharge.
(1) To enable countermeasures to be taken by the agency to minimize damage to the community sewage treatment facility, the treatment processes and the receiving waters, users shall notify the agency immediately upon discharging wastes in violation of limitations contained in this chapter due to:
(a) Breakdown of pretreatment equipment.
(b) Accidents caused by human error or negligence or mechanical failure.
(c) Other causes, such as acts of nature.
(2) The Administrator shall be notified with five days of the date of occurrence by a detailed written statement describing the causes of the discharge and the measures being taken to prevent future occurrences. Such notification will not relieve users of liability for any expense, loss or damage to the sewer system, treatment facility or treatment process or for any fines imposed on the Department on account thereof under Section 309 of the Federal Act.
B. Notice to employees. In order that employees of the users be informed of agency requirements, users shall make available to their employees copies of this chapter together with such other wastewater information and notices which may be furnished by the Department from time to time directed toward some effective water pollution control. A notice shall be furnished and permanently posted on the user's bulletin board advising employees, whom to call in case of an accidental discharge in violation of this chapter.
§ 289-43. Enforcement response plan.
A. The Administrator shall prepare an enforcement response plan (ERP). The ERP shall, in a step-by-step fashion, outline the procedures to be followed to identify, document and respond to all violations by users of the POTW. All violations by users of the POTW shall be met with some type of enforcement response. The response shall be comprehensive and effective.
B. The enforcement response plan shall:
(1) Describe how the Administrator will investigate instances of noncompliance;
(2) Describe the types of escalated enforcement actions that the Administrator will take in response to all anticipated types of user violations and the time periods within which to initiate and follow up these actions;
(3) Adequately reflect the POTW's responsibility to enforce all applicable standards and requirements.
C. The enforcement response plan shall contain:
(1) Criteria for scheduling periodic inspection and/or sampling visits to POTW users.
(2) Forms and guidelines for documenting compliance data in a manner which will enable the information to be used as evidence.
(3) Systems to track due dates, compliance schedule milestones and pending enforcement actions.
(4) Criteria, responsible personnel and procedures to select and initiate an enforcement action.
D. The range of appropriate enforcement actions shall be based on the nature and severity of the violation and other relevant factors such as listed below and shall promote consistent and timely use of enforcement remedies. The wastewater treatment plant shall approve the ERP. The ERP shall be reviewed at least every five years.
(1) Magnitude of the violation.
(2) Duration of the violation.
(3) Effect of the violation on the receiving water.
(4) Effect of the violation on the POTW.
(5) Effect of the violation on the health and safety of the POTW employees.
(6) Compliance history of the user.
(7) Good faith of the user.
§ 289-44. Administrative remedies.
A. Notification of violation. Whenever the Administrator finds that any user has violated or is violating this chapter or any other wastewater discharge permit, order, prohibition, limitation or requirement permitted by this chapter, the Administrator may serve upon such person a written notice stating the nature of the violation. Within 10 calendar days of the date that the Administrator mails the notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof shall be submitted to the Administrator by the user. The correction and prevention plan shall include specific actions. Submission of this plan in no way relieves the user of liability for any violations caused by the user before or after receipt of the notice of violation.
B. Consent orders. The Administrator is empowered to enter into consent orders, assurances of voluntary compliance or other similar documents establishing an agreement with the user responsible for the noncompliance. Such orders shall include specific action to be taken by the user to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as an administrative order.
C. Administrative or compliance orders. When the Administrator finds that a user has violated or continues to violate this chapter or a permit or administrative order issued hereunder, he may issue an administrative order to the user responsible for the discharge directing that, following a specified time period, sewer service shall be discontinued, severed and abated unless the violation is corrected and there is no recurrence of the violation. Administrative orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including the installation of pretreatment technology, additional self-monitoring and management practices. The user may, within 15 calendar days of receipt of such order, petition the administrator to modify or suspend the order. Such petition shall be in written form and shall be transmitted to the Administrator by registered mail. The Administrator shall then:
(1) Reject any frivolous petition;
(2) Modify or suspend the order; or
(3) Order the petitioner to show cause in accordance with § 289-44H and may as part of the show-cause notice request the user to supply additional information.
D. Administrative fines.
(1) Notwithstanding any other section of this chapter, any user who is found to have violated any provision of this chapter or a wastewater discharge permit or administrative order issued hereunder shall be fined in an amount not to exceed $1,000 per violation. Each day on which noncompliance shall occur or continue shall be deemed a separate and distinct violation.
(2) The user may, within 15 calendar days of notification of the Administrator's notice of such fine, petition the Administrator to modify or suspend the order. Such petition shall be in written form and shall be transmitted to the Administrator by registered mail. The Superintendent shall then:
(a) Reject any frivolous petitions;
(b) Modify or suspend the fine; or
(c) Order the petitioner to show cause in accordance with § 289-44H and may as part of the show-cause notice request the user to supply additional information.
E. Cease-and-desist orders.
(1) When the Administrator finds that a user has violated or continues to violate this chapter or any permit or administrative order issued hereunder, the Administrator may issue an administrative order to cease and desist all such violations and direct those persons in noncompliance to:
(a) Comply forthwith.
(b) Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations or terminating the discharge.
(2) The user may, within 15 calendar days of the date the Administrator mails notification of such order, petition the Administrator to modify or suspend the order. Such petition shall be in written form and shall be transmitted to the Administrator by registered mail. The Administrator shall then:
(a) Reject any frivolous petitions;
(b) Modify or suspend the order; or
(c) Order the petitioner to show cause in accordance with § 289-44H and may as part of the show-cause notice request the user to supply additional information.
F. Termination of permit.
(1) Any user who violates the following conditions of this chapter or a wastewater discharge permit or administrative order, or any applicable or state and federal law, is subject to permit termination:
(a) Violation of permit conditions.
(b) Failure to accurately report the wastewater constituents and characteristics of its discharge.
(c) Failure to report significant changes in operations or wastewater constituents and characteristics.
(d) Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring or sampling.
(2) Noncompliant industrial users will be notified, by registered mail, of the proposed termination of their wastewater permit.
(3) The user may, within 15 calendar days of the date the Administrator mails such notification, petition the Administrator to permit continued use of the POTW by the user. Such petition shall be in written form and shall be transmitted to the Administrator by registered mail. The Superintendent shall then:
(a) Reject any frivolous petitions.
(b) Order the petitioner to show cause in accordance with § 289-44H and may as part of the show-cause notice request the user to supply additional information.
G. Water supply severance.
(1) Whenever a user has violated or continues to violate the provisions of this chapter or an order or permit issued hereunder, water service to the user may be severed and service will only recommence, at the user's expense, after it has satisfactorily demonstrated its ability to comply.
(2) The user may, within 15 calendar days of severance, petition the Administrator to reconnect water supply service. Such petition shall be in written form and shall be transmitted to the Administrator by registered mail. The Administrator shall then:
(a) Reject any frivolous petitions;
(b) Reconnect the water supply; or
(c) Order the petitioner to show cause in accordance with § 289-44H and may as part of the show-cause notice request the user to supply additional information.
H. Show-cause hearing.
(1) The Administrator may order any user appealing administrative remedies for violations of this chapter to show cause, before the City's Common Council, why an enforcement action initiated by the Administrator should not be taken. A notice shall be served on the user, specifying the time and place of a hearing to be held by the Common Council 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 Common Council why the proposed enforcement action should not be taken. The notice of the hearing shall be served at least 10 calendar days before the hearing. Service shall be made on any principal or executive officer of a user's establishment or to any partner in a user's establishment.
(2) The Common Council may itself conduct the hearing or may designate any of its members or any officer or employee of the POTW to conduct the hearing as well as:
(a) Issue, in the name of the Common Council, notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings.
(b) Take the evidence.
(c) Take sworn testimony.
(d) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Common Council for action thereon.
(3) After the Common Council has reviewed the evidence and testimony, it may order the user to comply with the Administrator's order or fine, modify the Administrator's order or fine or vacate the Administrator's order or fine.
I. Failure of user to petition the Administrator. In the event that the Administrator issues any administrative order, terminates the user's permit or makes any fine as set forth in this article and the user fails, within the designated period of time set forth, to petition the Superintendent, as provided in appropriate sections of this article, the user shall be deemed in default and its rights to contest the administrative order or fine shall be deemed waived.
J. Service of notices or orders. The notices, orders, petitions or other notification which the user or Administrator shall desire or be required to give pursuant to any sections of this chapter shall be in writing and shall be served personally or sent by certified mail or registered mail, return receipt requested, postage prepaid, and the notice, order, petition or other communication shall be deemed given upon its mailing as provided herein. Any notice, administrative order or communication mailed to the user pursuant to the sections of this chapter shall be mailed to the user where the user's effluent is discharged into transmission lines to the City of Cortland's POTW. Any notice, petition or other communication mailed to the Administrator shall be addressed and mailed to the wastewater treatment plant.
K. Right to choose multiple remedies. The Administrator shall have the right, within the Administrator's sole discretion, to utilize any one or more appropriate administrative remedies set forth in this section. The Administrator may utilize more than one administrative remedy established pursuant to this article, and the Administrator may hold one show-cause hearing combining more than one enforcement action.
§ 289-45. Judicial remedies.
A. Civil actions for penalties. Any person who violates any of the provisions of or who fails to perform any duty imposed by this chapter or any administrative order or determination of the Administrator promulgated under this chapter, or the terms of any permit issued hereunder, shall be liable to the City of Cortland for a civil penalty not to exceed $1,000 for each such violation, to be assessed after a hearing (unless the user waives the right to a hearing) held in conformance with the procedures set forth in this section. Each violation shall be a separate and distinct violation, and, in the case of 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 City of Cortland's attorney, or his designated attorney, at the request of the Administrator in the name of the City of Cortland, in any court of competent jurisdiction giving preference to courts local to the City of Cortland.
(1) In addition to the above-described penalty, the Administrator may recover all damages incurred by the City of Cortland from any persons or users who violate any provisions of this chapter, or who fail to perform any duties imposed by this chapter or any administrative order or determination of the Administrator promulgated under this chapter, or the terms of any permit issued hereunder.
(2) In addition to the above-described damages, the Administrator may recover all reasonable attorney's fees incurred by the City of Cortland in enforcing the provisions of this section, including reasonable attorney's fees incurred in any action to recover penalties and damages, and the Administrator may also recover court costs and other expenses associated with the enforcement activities, including sampling and monitoring expenses.
(3) In determining the amount of civil penalty, the court shall take into account all relative circumstances, including but not limited to the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user and any other relative factors as justice may require.
(4) Such civil penalty may be released or compromised by the Administrator before the matter has been referred to the City of Cortland's Attorney, and where such matter has been referred to the City's Attorney, any such penalty may be released or compromised, and any action commenced to recover the same may be settled and discontinued by the City's Attorney, with the consent of the Administrator.
B. Court orders.
(1) In addition to the power to assess penalties as set forth in this section, the Administrator shall have the power, following the hearing held in conformance with the procedures set forth in this article, to seek an order:
(a) Suspending, revoking or modifying the violator's wastewater discharge permit; or
(b) Enjoining the violator from continuing the violation.
(2) Any such court order shall be sought in an action brought by the City of Cortland's Attorney, at the request of the Administrator, in the name of the City of Cortland, in any court of competent jurisdiction giving precedence to courts local to the City of Cortland.
(3) The City of Cortland's Attorney, at the request of the Administrator, shall petition the Court to impose, assess and recover such sums imposed according to this section. In determining amount of liability, the Court shall take into account all relevant circumstances, including but not limited to the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user and any other factor as justice requires.
C. Criminal penalties. Any person who willfully violates any provision of this chapter or any final determination or administrative order of the Administrator made in accordance with this shall be guilty of a Class A misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $500 nor more than $5,000 or imprisonment not to exceed one year, or both. 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.
(1) Any user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter, or wastewater permit, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter, shall be guilty of a Class A misdemeanor and, upon conviction, shall be punished by a fine of not more than $1,000 per violation per day or imprisonment for not more than one year, or both.
(2) No prosecution under this section shall be instituted until after final disposition of a show-cause hearing, if any, was instituted.
D. Additional injunctive relief. Whenever a user has violated or continues to violate the provisions of this chapter or permit or order issued hereunder, the Administrator, through counsel, may petition the Court in the name of the City of Cortland for the issuance of a preliminary or permanent injunction, or both (as may be appropriate), which restrains the violation of or compels the compliance with any order or determination thereunder by the Superintendent.
E. Summary abatement. Notwithstanding any inconsistent provisions of this chapter, whenever the Administrator finds, after investigation, that any user is causing, engaging in or maintaining a condition or activity which, in the judgment of the Administrator, presents an imminent danger to the public health, safety or welfare or to the environment, or is likely to result in severe damage to the POTW or the environment, and it therefore appears to be prejudicial to the public interest to allow the condition or activity to go unabated until notice and an opportunity for a hearing can be provided, the Administrator may, without prior hearing, order such user by notice, in writing wherever practicable or in such other form as practices are intended to be proscribed, to discontinue, abate or alleviate such condition or activity, and thereupon such person shall immediately discontinue, abate or alleviate such condition or activity; or, where the giving of notice is impracticable or in the event of a user's failure to comply voluntarily with an emergency order, the Administrator may take all appropriate action to abate the violating condition. As promptly as possible thereafter, not to exceed 15 calendar days, the Administrator shall provide the user an opportunity to be heard, in accordance with the provisions of this section.
(1) If the user is not within the geographic boundaries of the City of Cortland, the right of summary abatement to discontinue, abate or alleviate conditions or activities shall be those prescribed in the intermunicipal agreement.
(2) The Administrator, acting upon the belief that an emergency exists, shall be indemnified against any personal liability that may arise in the performance of his duties to protect the public health, safety or welfare or to preserve the POTW or the environment.
§ 289-46. Miscellaneous.
A. Performance bonds. The Administrator may decline to reissue a permit to any user which has failed to comply with the provisions of this chapter or any order or previous permit issued hereunder unless such user first files with it a satisfactory bond, payable to the POTW, in a sum not to exceed a value determined by the Administrator to be necessary to achieve consistent compliance.
B. Liability insurance. The Administrator may decline to reissue a permit to any user which has failed to comply with the provisions of this chapter or any order or previous permit issued hereunder, unless the user first submits proof that it has obtained financial assurances sufficient to restore or repair POTW damage caused by its discharge.
C. Informant rewards. The Administrator is authorized to pay up to $500 for information leading to the discovery of noncompliance by a user. In the event that the information provided results in an administrative fine or civil penalty levied against the user, the Administrator is authorized to disperse up to 10 percent of the collected fine or penalty to the informant. However, a single reward payment may not exceed $10,000, including the discovery reward.
D. Public notification. The Superintendent shall provide public notification, in the daily newspaper with the largest circulation in the City of Cortland, of users which were in significant noncompliance of local or federal pretreatment standards or requirements since the last such notice. The frequency of such notices shall be at least once per year.
E. Contractor listings.
(1) Users which have not achieved consistent compliance with applicable pretreatment standards and requirements are not eligible to receive a contractual award for the sale of goods or services to the City of Cortland.
(2) Existing contracts for the sale of goods or services to the City of Cortland held by a user found to be in significant violation with pretreatment standards may be terminated at the discretion of the City of Cortland Common Council.
§ 289-47. Falsifying of information.
Any person who knowingly makes any false statements, representations, record, report, plan or other document files with the agency or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter is hereby declared in violation of this chapter and subject to the penalties for violation in this Article VI.
§ 289-48. Analytical procedures.
All measurements, tests and analyses of the constituents and characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the latest editions of Standard Methods for the Examination of Water and Wastewater and the Methods for Chemical Analysis of Water and Waste and the latest version of 40 CFR Part 136, Analysis of Pollutants.
ARTICLE VII, Validity and Effect
§ 289-49. Repeal of prior rules and regulations.
This chapter supersedes L.L. No. 2-1978, L.L. No. 6-1979, L.L. No. 2-1982, L.L. No. 6-1982 and L.L. No. 2-1984, and these local laws are repealed in their entirety.EN
§ 289-50. Severability.
If any provision of this chapter or the application to any person or circumstances is held invalid, the remainder of this chapter or application of such provisions to other persons or circumstances should not be affected.
§ 289-51. Effective date.
This chapter shall become effective upon filing with the Secretary of State.