City of Watervliet, NY
Albany County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the City of Watervliet as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Flood damage prevention — See Ch. 160.
Housing standards — See Ch. 175.
Water — See Ch. 266.
Zoning — See Ch. 272.
[Adopted 4-20-1972 as Art. VIII of Part II, Charter Appendix, of the Code of Ordinances of 1972]

§ 230-1 Scope of City sewer system.

The sewer system of the City of Watervliet, for which sewer rents are hereinafter established and imposed, shall include all sewer pipes and other appurtenances which are useful in whole or in part in connection with the collection, treatment or disposal of sewage, industrial waste and other wastes and which are owned, operated or maintained by the City of Watervliet, including sewage pumping stations and sewage treatment and disposal works, if any, as part of the public system.

§ 230-2 Payment of sewer rent required.

[Amended 5-23-1974 by L.L. No. 1-1974; 12-16-1976 by L.L. No. 2-1976; 3-4-1982 by L.L. No. 1-1982; 8-2-1984 by L.L. No. 1-1984; 12-21-1989 by L.L. No. 1-1989; 6-15-2000 by L.L. No. 1-2000; 4-15-2004 by L.L. No. 1-2004; 5-5-2005 by L.L. No. 1-2005; 4-27-2006 by L.L. No. 1-2006; 10-19-2006 by L.L. No. 4-2006; 12-21-2006 by L.L. No. 6-2006; 10-18-2007 by L.L. No. 2-2007; 11-6-2008 by L.L. No. 2-2008; 10-15-2009 by L.L. No. 2-2009; 4-15-2010 by L.L. No. 1-2010; 10-21-2010 by L.L. No. 3-2010; 5-26-2011 by L.L. No. 1-2011; 11-3-2011 by L.L. No. 2-2011; 11-1-2012 by L.L. No. 3-2012; 10-24-2013 by L.L. No. 1-2013]
A. 
In addition to any other fees or charges provided by law, the owner of any parcel of real property connected with the City sewer system by means of a private sewer or drain emptying into the City sewer system shall be billed per billing period for the use of the sewer system. The rent shall be $169.06 for the billing period November 1, 2013, through October 31, 2014, for each residential unit.
B. 
The metered rate of $3.81 per thousand gallons for the billing period November 1, 2013, through October 31, 2014, may be charged also to other unspecified establishments.
C. 
Where the metered rate is charged in establishments of principally residential use, the minimum charge is to be $381 for the billing period November 1, 2013, through October 31, 2014, multiplied by the number of dwelling units.
D. 
Vacant houses and other vacant buildings will be charged $12.50 per year.

§ 230-3 Schedule of payment; interest and penalties for nonpayment.

Sewer rents shall be due and payable in semiannual installments on the first day of January and the first day of July in each year. Upon all such sewer rents paid on or before February 1 and August 1 of each year, no interest or penalty shall be charged. On all said sewer rents remaining unpaid after February 1 and August 1 there shall be added interest at the rate of 1% per month until paid. No deduction or discount shall be made from the payment of said sewer rents. If not paid by time of tax sale a further penalty of 10% per annum, plus cost of advertising, etc., will be charged. Such sewer rents may also be collected in the manner prescribed in Subdivision 4 of § 452 of the General Municipal Law.

§ 230-4 Incorporation of statutory provisions.

The provisions of Article 14-F, Sewer Rent Law, of the General Municipal Law of the State of New York are incorporated by reference herein and made a part hereof.
[Adopted 4-20-1972 as Art. III of Ch. 20 of the Code of Ordinances of 1972]

§ 230-5 Definitions.

As used in this article, the following terms shall have the meanings ascribed to them:
BOD (DENOTING "BIOCHEMICAL OXYGEN DEMAND")
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20° C., expressed in milligrams per liter.
BUILDING DRAIN
That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet outside the inner face of the building wall.
BUILDING SEWER
The extension from the building drain to the public sewer or other place of disposal.
CHLORINE DEMAND
The difference between the amount of chlorine added to water, sewage or industrial wastes and the amount of residual chlorine remaining at the end of a 20 minute contact period at room temperature.
COMBINED SEWER
A sewer receiving both surface runoff and sewage.
COMMISSION
The Board of Commissioners appointed by the County Legislature to the county sewer district.
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 BOD or suspended solids in excess of 10 parts per million by weight or toxic substances as limited elsewhere herein.
COUNTY SEWER DISTRICT
Any county sanitary sewer district as created, altered or modified by action of the County Legislature.
COUNTY SEWERAGE SYSTEM
The trunk sewers, force mains, pumping stations, sewage regulators, water pollution control plants (sewage treatment plants) and other appurtenant structures owned and operated by the county sewer district.
DIRECTOR
The Executive Director of the County Sewer District.
GARBAGE
Solid wastes from the domestic and commercial preparation, cooking and dispensing of food and from the handling, storage and sale of produce.
INDUSTRIAL WASTES
The liquid wastes from industrial manufacturing processes, trade or business, as distinct from sanitary sewage.
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.
NORMAL SEWAGE
Sewage, industrial wastes or other wastes, which when analyzed, show by weight the following characteristics:
A. 
BOD: 2,000 pounds per million gallons (240 milligrams per liter) or less.
B. 
Chlorine demand: 208 pounds per million gallons (25 milligrams per liter) or less.
C. 
Suspended solids: 2,500 pounds per million gallons (300 milligrams per liter) or less.
OTHER WASTES
Garbage, shredded or unshredded, or refuse, wood, egg shells, coffee grounds, sawdust, shavings, bark, sand, lime, cinder, ashes and all other discarded matter not normally present in sewage or industrial wastes.
PH
The negative logarithm of the hydrogen ion concentration in molecules per liter. It indicates the intensity of acidity and alkalinity of the pH scale running from zero pint zero (0.0) to fourteen point zero (14.0). A pH value of seven point zero (7.0), the midpoint of the scale, represents neutrality. Values above seven point zero (7.0) represent alkaline conditions and those below seven point zero (7.0) represent acid conditions.
PROPERLY SHREDDED GARBAGE
Garbage that has 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 (1.27 centimeters) in any dimension.
PUBLIC SEWER
A sewer in which all owners of abutting properties have equal rights and which is controlled by a public authority.
RECEIVING WATERS
A natural watercourse or body of water into which treated or untreated sewage is discharged.
SANITARY SEWAGE
Sewage discharging from the sanitary conveniences of dwellings, including apartment houses and hotels, office buildings, factories or institutions, and free from stormwater, surface water, industrial wastes and other wastes.
SANITARY SEWER
A sewer which carries sewage and to which storm-, surface and ground waters are not intentionally admitted.
SEWAGE
A combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground-, surface and storm water as may be inadvertently present. The admixture of sewage with industrial wastes or other wastes also shall be considered "sewage" within the meaning of this definition.
SEWAGE TREATMENT PLANT
Any arrangement of devices and structures used for treating sewage.
SEWAGE WORKS
All facilities for collecting, pumping, treatment and disposing of sewage.
SEWER
A pipe or conduit for carrying sewage.
SLUG
Any discharge of water, sewage or industrial waste which, in concentration of any given constituent or in quantity of flow, exceeds for any period of duration longer than 15 minutes more than five times the average twenty-four-hour concentration or flow during normal operation.
STORM DRAIN OR STORM SEWER
A sewer which carries storm- and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.
SUPERINTENDENT
The General Manager or his authorized deputy, agent or representative.
SUSPENDED SOLIDS
Solids that either float on the surface of or are in suspension in water, sewage or other liquids and which are removable by flotation, skimming and sedimentation.
TOXIC SUBSTANCES
Any substance, whether gaseous, liquid or solid, which, when discharged into a public sewer in sufficient quantities, may be hazardous to sewer maintenance personnel, tend to interfere with any biological sewage treatment process or to constitute a hazard to human beings or animals or to inhibit aquatic life or to create a hazard to recreation in the receiving waters of the effluent from a sewage treatment plant.
WATERCOURSE
A channel in which a flow of water occurs, either continuously or intermittently.

§ 230-6 Purpose.

The purposes of this Article are specifically stated as follows:
A. 
To prohibit excessive volumes or inordinate rates of flow of sewage and wastes into the City or county sewerage system.
B. 
To prohibit the contribution of sewage, industrial wastes or other wastes of a flammable nature or which create, in any way, a poisonous or hazardous environment for sewerage maintenance and operation personnel.
C. 
To prohibit the contribution of sewage, industrial wastes or other wastes which may cause maintenance difficulties in the lateral and trunk sewers, force mains, pumping stations, sewage regulators and other structures and appurtenances of the City or county sewerage system.
D. 
To prohibit the contribution of sewage, industrial wastes or other wastes which may create operating difficulties at the water pollution control plants as they may be constructed, modified or improved in the future.
E. 
To prohibit or to regulate the contribution of sewage, industrial wastes or other wastes which require for treatment at the plants greater expenditures than are required for equal volumes of normal sewage.
F. 
To require the treatment, before introduction into the City sewers, such wastes as may otherwise impair the strength or durability of the structures appurtenant to the sewer system by direct or indirect chemical action or interfere with the normal treatment processes.
G. 
To provide cooperation with the county sewer district, the County Department of Health and any other agencies which have requirements or jurisdiction for the protection of the physical, chemical and bacteriological quality of watercourses within or bounding the county.
H. 
To protect the public health and to prevent nuisances.

§ 230-7 Improper disposal of waste.

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 or in any area under the jurisdiction of the City any human or animal excrement, garbage, or other objectionable waste.
B. 
It shall be unlawful to discharge to any natural outlet within the City or in any area under the jurisdiction of the city, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this Article.
C. 
Except as otherwise provided in this Article, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage.

§ 230-8 Use of public sewers required; exception.

The owner 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 now located or may in the future be located a public sanitary or combined sewer of the city, is hereby required at his 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 90 days after date of official notice to do so, provided that said public sewer is within 100 feet of the property line.

§ 230-9 Private disposal systems.

A. 
Where a public sanitary sewer is not available under the provisions of this Article, the building sewer shall be connected to a private sewage disposal system complying with the provisions established by the county department of health.
B. 
Before commencement of construction of a private disposal system, the owner shall first obtain a written permit from the county health department. The permit shall be made on a form furnished by the county health department and shall be supplemented by any plans, specifications and other information as are deemed necessary by the county health department.
C. 
A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the county health department. The applicant shall notify the county health department when the work is ready for final inspection and before any underground portions are covered. The inspection shall be made within 48 hours of the receipt of notice by the county health department.
D. 
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. No septic tank or cesspool shall be permitted to discharge to any natural outlet.
E. 
The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at his own expense and at no expense to the city. Leaks in the private sewage disposal system must be repaired by the owner upon notice from the department that such leak occurs. If the owner does not repair said leak after due notice, the repairs will be made by the department at the owner's expense, and the cost of which repairs shall become a lien against the property and be added to, and appear on.the next City tax bill for said property.
[Amended 2-4-1993 by Ord. No. 1583]
F. 
At such times as a public sewer becomes available to a property served by a private sewage disposal system, as provided in this Article, a direct connection shall be made to the public sewer in compliance with this ordinance and any septic tanks, cesspools, and similar private sewage disposal facilities shall be cleaned of sludge and liquid, abandoned and filled with suitable material.
G. 
No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the authorized representative of the County Health Department or the State Department of Environmental Conservation.

§ 230-10 Building sewer connections; permit required; fees.

A. 
No person shall uncover, make any connection with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit therefor from the Superintendent.
B. 
There shall be three classes of building sewer permits: for residential; for commercial service; and for service to establishments producing industrial wastes. In any case, the owner or his agent shall make application on a special form furnished by the Superintendent. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Superintendent. A permit and inspection fee of $15 for a residential and $20 for a commercial building sewer permit shall be paid to the City at the time an application is filed.
C. 
A separate and independent building sewer shall be provided for each building, except where one building stands at the rear of another on an interior lot and no sewer is available or can be constructed to the rear building through an adjoining alley, courtyard or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer. In such cases, approval shall be obtained from the Superintendent prior to installation of the building sewer.
D. 
Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Superintendent, to meet all requirements of this Article.
E. 
The building sewer shall be cast-iron pipe, ASTM Specification A74 or equal; or clay pipe, ASTM Specification C278, or equal; asbestos-cement house connection pipe; or other suitable material approved by the Superintendent. Joints shall be tight and waterproof. Any part of the building sewer that is located within 10 feet of a water service pipe shall be constructed of cast-iron soil pipe with leaded joints. Cast-iron pipe with leaded joints may be required by the Superintendent where the building sewer is exposed to damage by tree roots. If installed in filled or unstable ground, the building sewer shall be of cast-iron soil pipe, except that nonmetallic material may be accepted if laid on a suitable concrete bed or cradle as approved by the Superintendent. Building sewer pipe shall have a maximum length of five feet between joints.
F. 
The size and slope of the building sewer shall be subject to the approval of the Superintendent, but in no event shall the diameter be less than four inches. The slope of a four-inch pipe shall be not less than one-fourth (1/4) inch per foot. The slope of a five-inch and six-inch pipe shall be not less than three-sixteenths (3/16) or one-eighth (1/8) inch per foot, respectively.
G. 
Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. Any openings, such as clean out hand holes in traps, in-house drains, cellar drains and similar drains, shall be not lower that the level of the finished basement floor. No building sewer shall be laid parallel to and within three feet of any bearing wall which might thereby be weakened. The depth shall be sufficient to afford protection from frost. The building sewer shall be laid at uniform grade and in straight alignment insofar as possible. Changes in direction shall be made only with properly curved pipe and fittings.
H. 
In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such drain shall be lifted by approved mechanical means and discharged to the building sewer.
I. 
All excavations required for the installation of a building sewer shall be open trenchwork unless otherwise approved by the Superintendent. Pipelaying and backfill shall be performed in general accordance with ASTM Specifications C12 and C13 and the Manual of Practice No. 9, Design and Construction of Sanitary and Storm Sewers (ASCE), and in full accordance with the Building Code of the city, except that no backfill shall be placed until the work has been inspected.
J. 
Joints.
(1) 
All joints and connections shall be made gastight and watertight.
(2) 
Poured joints for cast-iron pipe shall be firmly packed with oakum or hemp and filled with molten lead not less than one inch deep. Lead shall run in one pouring and be caulked tight. The entire joint shall conform to AWWA Specifications C600, Section 9a. No paint, varnish or other coatings shall be permitted on the jointing material until after the joint has been tested and approved. The transition joint between cast-iron pipe or other approved pipe material shall be made with either lead or approved hot-poured jointing material. Such material for hot-pouring joints shall not soften sufficiently to destroy the effectiveness of the joint when subjected to a temperature of 160° F., nor be soluble in any of the wastes carried by the drainage system. The joint shall first be caulked tight with jute, hemp or similar approved material.
(3) 
Premolded gasket joints for plain end cast-iron pipe may be used if approved by the Superintendent, and shall be a neoprene compression-type gasket which provides a positive double seal in the assembled joint. The gasket shall be a premolded, one-piece unit, designed for jointing the plain end cast-iron hub and spigot solid pipe and fittings. The assembled joint shall be sealed by compression of the gasket between the exterior surface of the spigot and the interior spigot of the hub. The joint shall be assembled following the manufacturer's recommendations using acceptable lubricant and special pipe-coupling tools for that purpose. The plain spigot end shall be forced into the hub end of the pipe for the full depth of the hub itself. Lubricant shall be a bland, flax-base, nontoxic material and shall not chemically attack the gasket material. Typical manufacturer of this type gasket is the Tyler Pipe and Foundry Company, Tyler, Texas, or the Buffalo Pipe and Foundry Corporation, Buffalo, New York.
(4) 
Joints in clay pipe and asbestos cement pipe shall follow the manufacturer's recommendations and be approved by the Superintendent.
K. 
The connection of the building sewer into an existing public sewer shall be made at the property line. If a building sewer connection has not previously been provided, the building sewer will be constructed from the existing public sewer to the property line of the owner, after obtaining the necessary permit. The cost of constructing the building sewer from the public sewer to the property line will be at the owner's expense. All subsequent costs and expense incidental to the installation, connection and maintenance of the building sewer shall be borne by the owner. The owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation and maintenance of the building sewer. The method of connection of the building sewer will be dependent upon the type of sewer material used and in all cases shall be approved by the Superintendent.
L. 
Inspections.
(1) 
The applicant for the building sewer permit shall notify the Superintendent when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Superintendent or his representative.
(2) 
When trenches are opened for the laying of building sewer pipes, the trenches shall be inspected by the Superintendent before the trenches are filled; and the contractor performing such work shall notify the Superintendent when the laying of building sewer is completed. The filling of a trench before inspection is made or approval given will subject the contractor to whom a permit is issued to a penalty as set forth in Chapter 1, General Provisions, Article III, General Penalty, and the trench shall be reopened for inspection by and at the expense of the contractor.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
(3) 
In case of a violation of any of the rules and regulations of the City by a contractor or other persons in this employ, the contractor may be suspended or his recognition may be removed by the Superintendent.
M. 
All excavations for building sewer installation shall he adequately protected with barricades and lights so as to protect the public from hazard. An indemnity bond will be required to be posted before a permit will be granted to excavate in or under the streets, highways or public places. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the City or other authority having jurisdiction.
N. 
In the case of the demolition of a building within the City which has a building sewer, the owner is responsible for properly capping the building sewer at the property line to prevent entry of dirt, debris or any foreign substances into the public sewer. This shall be accomplished under the supervision of the Superintendent.

§ 230-11 Use of sewers; prohibited discharges; toxic substances.

A. 
No person shall discharge or cause to be discharged any surface, storm- or groundwater, roof runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters to any sanitary sewer. Existing facilities presently connected to the combined sewers may remain until combined sewers become separated, at which time they shall be disconnected.
B. 
Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers or to a natural outlet approved by the Superintendent. Industrial cooling water or unpolluted process waters may be discharged, on approval of the Superintendent, to a storm sewer or natural outlet.
C. 
No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:
(1) 
Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid, or gas.
(2) 
Any waters or wastes having a pH lower than five point five (5.5) or higher than nine point five (9.5), or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works.
(3) 
Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works, such as, but not limited to, ashes; cinders; sand; mud; straw; shavings; metal; glass; rags; feathers; tar; plastics; wood; unground garbage; whole blood; paunch manure; hair and fleshings; entrails; paper dishes; cups; milk containers; and similar items, either whole or ground by garbage grinders.
(4) 
Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process or to constitute a hazard to humans or animals or to create a public nuisance or to create any hazards in the receiving waters of a sewage treatment plant effluent.
D. 
No person shall discharge or cause to be discharged the following described substances, materials, waters or wastes if it appears likely, in the opinion of the Superintendent or Director, that such wastes can harm either the sewers, sewage treatment process or equipment, have an adverse effect on the receiving stream or can otherwise endanger life, limb and public property or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the Superintendent or Director will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant and other pertinent factors. The substances prohibited in the first instance but subject to review by the Superintendent or Director are:
(1) 
Any liquid or vapor having a temperature higher than 150° F. or 60° C.
(2) 
Any water or waste containing fats, wax, grease, or oils, whether emulsified or not, in excess of 100 milligrams per liter or containing substances which may solidify or become viscous at temperatures between 32° F. and 150° F.
(3) 
Any garbage that has not been properly shredded. The installation and operation of garbage grinders equipped with a motor of three-fourths (3/4) horsepower [seventy-six hundredths (0.76) horsepower metric] or greater shall be subject to the review and approval of the Superintendent or Director. Not more than 30% of ground garbage on the dry basis shall pass a No. 40 United States standard sieve.
(4) 
Any waters or wastes containing strong-acid-metal-pickling wastes or concentrated plating solutions, whether neutralized or not.
(5) 
Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances (see Subsections F and G).
(6) 
Any waters or wastes containing phenols or other taste-or-odor-producing substances in such concentration-exceeding limits which may be established by the Superintendent or Director, as necessary, after treatment of the composite sewage to meet the requirements of the state, federal or other public agencies or jurisdiction for such discharge to the receiving waters.
(7) 
Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Superintendent or Director, in compliance with applicable state or federal regulations.
(8) 
Materials which exert or cause:
(a) 
Unusual concentration of inert suspended solids, such as, but not limited to, Fuller's earth, lime slurries and lime residue or of dissolved solids, such as, but not limited to, sodium chloride and sodium sulfate.
(b) 
Excessive discoloration at the treatment plant or in the receiving waters, such as, but not limited to, dye wastes and vegetable tanning solutions.
(c) 
Unusual BOD, COD (chemical oxygen demand) or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works, except as provided for under Subsection H.
(d) 
Unusual volume of flow or concentration of wastes constituting slugs.
(9) 
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 regulatory agencies having jurisdiction over discharge to the receiving waters.
E. 
If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Subsection D and which, in the judgment of the Superintendent or Director, may have deleterious effect upon the sewage works, processes, equipment or receiving waters or which otherwise create a hazard to life or constitute a public nuisance, the Superintendent or Director may:
(1) 
Reject the wastes.
(2) 
Require pretreatment to an acceptable condition for discharge to the public sewers.
(3) 
Require control over the quantities and rates of discharge.
(4) 
Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges.
F. 
The following is a partial list of toxic substances and pathogenic bacteria, the discharge of which into the public sewerage system is hereby prohibited, unless their concentra-tion is reduced by treatment at the source to a point that will meet the general purposes of these rules and regulations or come within the applicable standards set forth herein under Subsection G or will not adversely affect any of the biochemical, chemical or other sewage treatment processes:
(1) 
Antibiotics.
(2) 
Arsenic and arsenicals.
(3) 
Bromine, iodine and chlorine.
(4) 
Copper and copper salts.
(5) 
Cresols or creosotes.
(6) 
Fluorides.
(7) 
Formaldehyde.
(8) 
Mercury and mercurials.
(9) 
Phenolic compounds.
(10) 
Silver and silver compounds.
(11) 
Sulfonamides or toxic dyes or organic mineral.
(12) 
Zinc compounds.
(13) 
All strong oxidizing agents, such as chromates, dichromates, permanganates, periodies, etc.
(14) 
Chemical compounds producing toxic, flammable or explosive gases, either upon acidification, alkalization, oxidation or reduction.
(15) 
Strong reducing agents, such as nitrites, sulfides, sulfites, thiosulfates, etc.
(16) 
Wastes from industrial processes or hospital procedures containing viable pathogenic organisms.
G. 
Concentration.
(1) 
The concentration in sewage of any of the following toxic substances shall not exceed these concentrations judged by the Superintendent or Director to be toxic to biological sewage treatment processes or to the biota of the receiving waters and shall not in any case exceed the following limits when such sewage is discharged to a public sewer. These limits may be revised by the Superintendent or Director whenever operating experience indicates that this is desirable:
Toxic Substances
Permissible Concentration
(milligrams per liter)
Cadmium
5.0
Chromium hexavalent
5.0
Copper
3.0
Cyanate
10.0
Cyanide
1.0
Mercuric chloride
2.0
Nickel
10.0
Silver
0.05
Zinc
5.0
Zirconium
10.0
Bromine, iodine and chlorine
100.00
(2) 
When the volume of a single toxic industrial waste discharge or the combined toxic industrial waste discharge of a group of industries within a single contributory area is so large that an excessive volume of toxic waste will enter a treatment plant, the Superintendent or Director may impose lower concentration limits upon the contributors. Conversely, where a toxic industrial waste discharge will be effectively removed by the treatment works or will be rendered innocuous before reaching a treatment plant or the receiving waters, the Superintendent or Director may permit toxic industrial waste discharge concentrations greater than those listed in this subsection, provided that the higher concentration does not constitute a toxicity hazardous to maintenance workers and does not cause any deleterious effects of any kind to the treatment process or receiving waters.
H. 
Pretreatment.
(1) 
Whenever any industrial waste is produced in such quantities as will, in the opinion of the Superintendent or Director, injure the public sewers into which they may be discharged or adversely affect the treatment of sewage or which does not yield readily to treatment by the processes employed in the sewage treatment works, such discharge will not be permitted into the public sewers without previous consideration as prescribed under this section.
(2) 
The following are some of the industries from which wastes may require pretreatment or approval before discharged into public sewers: tanning; metal pickling; metal plating; galvanizing; pulp and paper making; brewing; distilling; public laundering; laundromats; soap making; glue manufacturing; meat packing; food processing; wool scouring; bleaching and dyeing; munitions manufacturing; oil refining; wool washing; rubber production; salt works; slaughterhouses; dairies; dairy products; sugar refining; fat rendering; manufacture of syrups, jam or jelly; cotton textile manufacture or processing; or any industry producing wastes with strong acid or alkaline reactions or which will form deposits in or cause damage to the sewers or to appurtenances of sewage treatment works.
(3) 
If the Superintendent or Director permits the pretreatment or equalization of waste flow, the design and installation of the plants and equipment shall be subject to the review and approval of the Superintendent or Director and subject to the requirements of all applicable codes, ordinances and laws.

§ 230-12 Permits for discharge of other than normal sewage; testing.

A. 
It shall be unlawful for any person to discharge, directly or indirectly, into public sewers or into any private sewer or any combined sewer discharging into a public sewer sewage combined with industrial wastes or other wastes, industrial wastes or other wastes the characteristics of which, at the point of discharge, exceed the concentration limits prescribed for normal sewage under this Article or that fall within the categories prohibited under this Article, herein, except under the issuance of a permit therefor by the Director and upon such terms and conditions as may be established by the Director in the issuance of the permit.
B. 
All applicants for a permit required by Subsection A to discharge sewage combined with industrial wastes or other wastes into public sewers shall fill out and file with the Director an industrial sewer connection application as a prerequisite for the consideration of such a permit. The following is a partial list of information to be furnished by the applicant:
(1) 
A plat of the property showing accurately all sewers, drains and house connections.
(2) 
Plans and specifications covering any work proposed to be performed under the permit.
(3) 
A complete schedule of all process waters and industrial wastes produced or expected to be produced at said property or premises, including a description of the character of each waste, the daily volume and maximum rates of discharge and representative analyses.
(4) 
The name and address of the person who will be responsible for the performance of the work to be covered by the permit and the name and address of the person who will be responsible for operating the facilities in accordance with the permit.
C. 
The terms and conditions as may be required and imposed by the Director in the issuance of the permit are as follows:
(1) 
A limitation upon the volume of sewage and the rate of flow permitted from the premises.
(2) 
The installation and maintenance by the permittee, at his own expense, of facilities or equipment for intermittent or continuous measurement of sewage, industrial wastes or other wastes discharged from the premises into a public sewer.
(3) 
The installation and maintenance by the permittee, at his own expense, of detention tanks or other facilities or equipment for reducing the maximum rates of discharge of sewage to such a percentage of the twenty-four-hour rate as may be required by the Director.
(4) 
The installation and maintenance by the permittee, at his own expense, of such preliminary treatment facilities as may be required by the Director.
(5) 
The installation and maintenance by the permittee, at his own expense, of a suitable control or sampling manhole or manholes in any sewer discharging to a public sewer for which a permit is issued.
(6) 
The installation of any maintenance by the permittee, at his own expense, of grease, oil and sand interceptors, separators or traps that are necessary for the proper handling of liquid wastes containing such substances in excessive quantities or any flammable waste or other harmful ingredients.
(7) 
The submission to and approval by the Director of the plans for any of the facilities or equipment required to be installed and maintained by the permittee.
(8) 
Such other terms and conditions as may be necessary to protect the sewer system and carry out the intent and provisions of this Article.
(9) 
Such terms and conditions may also provide that, subsequent to the commencement of operation of any preliminary treatment facilities, periodic reports shall be made by the permittee to the Director setting forth adequate data upon which the acceptability of the sewage, industrial wastes or other wastes, after treatment, may be detrimental.
(10) 
Where preliminary treatment or flow-equalizing facilities are provided for any water or wastes, they shall be maintained continuously in satisfactory and effective operation by the permittee, at his expense.
(11) 
A violation by the permittee of the permit shall be a cause for revocation or suspension of the permit.
D. 
Whenever sewage, industrial wastes or other wastes having characteristics other than prescribed for normal sewage or falling within the categories of waste prohibited from public sewers pursuant to these rules and regulations is discharged into public sewers from any premises, the Superintendent or Director shall have the right to take samples and tests as may be necessary to determine the nature and concentration of such wastes and shall have the right to reassess his determination by taking samples and tests at any time or by periodic rechecks, without notice to the person discharging such wastes, subject to the following:
(1) 
Samples shall be taken and flow measurements made normally at the control manhole or manholes.
(2) 
In the event that the requirement for a control manhole or manholes has been specifically waived, the samples shall be taken at a point or points to be selected by the Superintendent or Director.
E. 
When required by the Superintendent or Director, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole, together with such meters and other appurtenances in the building sewer as are necessary to facilitate observation, sampling and measurement of the wastes. The manhole, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the Superintendent or Director. The manhole shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times.
F. 
All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in these rules and regulations shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Waste Water, published by the American Public Health Association, and shall be determined at the control manhole or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest suitable one downstream in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property.

§ 230-13 Sewage surcharge.

A. 
In order to ensure and to provide for the proper and equitable use of the City and county sewerage systems, the Superintendent may impose a sewage surcharge.
B. 
In addition to normal charges imposed or levied for the construction, maintenance, operation, repair, improvement and management of the City and county sewerage system, any person may be required to pay a sewage surcharge if the characteristics of the waste it discharges to the City sewerage system exceed the maximum values of such characteristics for normal sewage or wastes.

§ 230-14 Right of entry for inspection and testing.

A. 
The Superintendent or the Director or their representatives may enter upon private lands for the purpose of inspection, observation, measurement, sampling and testing, in accordance with the provisions of this Article.
B. 
While performing the necessary work on private lands referred to in Subsection A, the Superintendent or the Director, or their duly authorized representatives shall observe all safety rules established by the owner or occupant of the premises.
C. 
The refusal to permit the entry upon private lands required to perform the necessary work referred to in Subsection A shall be punishable by such penalties as may be prescribed under this Article.
D. 
Where a person has security measures in force on his premises which require proper identification and clearance before entry into the premises, the person shall either make the necessary arrangements with their security guards to allow City or county sewer district employees immediate access to the locations necessary for the purpose of inspection, observation, measurement, sampling and testing or the person shall install, outside the premises or security limits, suitable contract manholes, approved by the Superintendent or Director, which will at all times be accessible to City or county sewer district employees.

§ 230-15 Damage to the sewerage system.

Any person who maliciously, willfully or negligently breaks, damages, destroys, uncovers, defaces or tampers with any structure, appurtenance or equipment which is a part of the public sewerage system shall be subject to immediate arrears.

§ 230-16 Interpretation.

In the event of any conflict between participating municipalities of the county sewer district and the City and the Commission concerning the interpretation of any part of this Article, the determination of the Commission shall be final and conclusive, unless reversed by order of a court.

§ 230-17 Penalties for offenses.

A. 
Any person found to be violating any provision of this Article, except § 230-15, shall be served by the City with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
B. 
Any person violating any provision in this Article shall be deemed guilty of a violation as defined by § 10.00, Subdivision 3, of the Penal Law of the State of New York and, upon conviction thereof, shall be subject to a penalty as set forth in Chapter 1, General Provisions, Article III, General Penalty.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
C. 
Any person violating any of the provisions of this Article shall become liable to the City for any expense, loss, or damage occasioned the City by reason of such violation.