[HISTORY: Adopted by the Board of Trustees
of the Village of Waverly as indicated in article histories. Amendments
noted where applicable.]
[Adopted 2-12-1980 by L.L. No. 1-1980]
[Amended 4-24-2018 by L.L. No. 3-2018]
The source of the revenues for debt service and capital expenditures
shall be a sewer capital charge, and the source of revenues for operation
and maintenance of the municipal wastewater treatment facility and
collection system shall be a sewer rent charge to owners of any real
property located within the incorporated limits of the Village, served
or required to be served by the municipal wastewater treatment facility
and collection system.
[Amended 12-10-1985 by
L.L.. No. 7-1985; 4-24-2018 by L.L. No. 3-2018]
A.
A sewer capital charge will be levied and collected quarterly commencing on June 1, 2018, and quarterly thereafter. The amount levied and collected will be the amount the Village is obligated to pay for the principal and interest on its outstanding sewer serial bonds. The sewer capital charge will be in accordance with the classifications of units set forth in Subsection B below.
B.
A classification of units shall mean the benefits and quantities
of usage of the municipal wastewater treatment facility and collection
system assigned to different classification of real property in the
Village. The basis of the charge for sewer capital charges to be paid
by the owners of the real property served or required to be served
shall be determined by the following schedule:
Classification
|
Units
|
---|---|
Residential (house, apartment, mobile home)
|
1 per dwelling unit
|
Assisted living facility
|
1 per dwelling unit
|
Group residential home
|
1/2 per bed
|
Nursing home
|
1/2 per bed, plus 1 unit for cafeteria
|
Motel, hotel, and Bed-and-breakfast
|
1/2 per room
|
General commercial
|
1 per business unit
|
Multiple commercial
|
1 per each business unit
|
Restaurants
|
1
|
Gas stations
|
1
|
Car wash
|
1 per stall or bay
|
Laundromat
|
1/4 unit per washer
|
Religious, fraternal, museum, library
|
1
|
School
|
1 per 15 students and staff
|
Industrial/manufacturing
|
1 per 15 employees
|
Vacant lot
|
1/2
|
C.
Clarification
(1)
The classification entitled "General commercial" under § 119-2B shall include those businesses in residences with a defined business space, separate from the residential living area which require sewer services to function, i.e. (including but not limited to), beauty shops, barber shops, pet grooming, and other similar businesses.
(2)
The classification entitled "Vacant lot" under § 119-2B shall not include parking lots which have at least 75% of their total surface area covered with amosite, concrete, macadam, or other type of pavement.
(3)
None of the language contained herein shall give any sewer user the
right to claim any refund owed for charges made under this article.
A.
SEWER RENT CHARGE
As used in this article, the following terms shall
have the meanings indicated:
A scale of charges established and imposed by the Board of
Trustees for the use of the municipal wastewater treatment facility
and collection system.
B.
The amount of such sewer rent charge shall be based
on consumption of water and will be levied and collected quarterly
commencing on June 1, 1980, and quarterly thereafter.
C.
The sewer rent charge will apportion the total operation
and maintenance cost of the municipal wastewater treatment facility
and collection system among system users in the proportion of the
user water consumption to total water consumption.
D.
For properties with water meters, the sewer rent charge
will be determined by the following formula: The sewer rent charge
per 100 cubic feet of water consumption shall be equal to the total
operation and maintenance budget amount in dollars for the current
fiscal year divided by the total water consumption for the prior calendar
year measured in hundreds of cubic feet of water.
E.
For nonmetered properties, the charge will be fixed
from time to time by resolution of the Board of Trustees.
Sewer capital charges and sewer rent charges
which are not paid on or before 30 days from the date of presentation
of the bill shall bear a penalty of 2%. If such sewer capital charges
and sewer rent charges are not paid on or before 60 days from the
date of presentation, an additional penalty of 10% of the accumulated
amount shall be added to such capital charge and/or sewer rent charge.
If such amount remains unpaid on the first day of April, the Village
Clerk shall certify the amount due and payable to the Board of Trustees,
who shall levy the same as taxes and add such sewer capital charge
and sewer rentals and penalties to the succeeding tax roll of the
Village. Such tax shall be collected and enforced in the same manner
and at the same time as provided for the collection and enforcement
of Village taxes, and it shall be the duty of the Village Clerk to
charge and collect interest thereon at the same rates specified for
the collection of Village taxes. Such sewer capital charges and sewer
rent charges shall constitute a lien on the real property served by
such municipal wastewater treatment facility and collection system,
and such a lien shall be prior and superior to any other lien or claim,
except the lien of an existing tax, assessment or other lawful charge.
All sewerage service may be discontinued without
further notice if the sewer rent and capital charges for such services
are not paid within 30 days after presentation of the bill therefor.
Revenues derived from such sewer capital charges
and sewer rents, including interest, shall be credited to a special
fund to be known as the "Sewer Capital and Rent Fund." Moneys in such
fund shall be used for the payment of the cost of debt service, capital
expenditures and operation and maintenance of the municipal wastewater
treatment facility and collection system.
All users of the municipal wastewater treatment
facility and collection system, including tax-exempt properties, must
pay sewer capital charges and sewer rent charges.
The use of the Village of Waverly municipal
wastewater treatment facility and collection system shall be a privilege,
not a right. Failure to comply with the requirements of this article
may result in the termination of such privilege or discontinuance
of service, in the complete discretion of the Board of Trustees of
the Village of Waverly. Such discontinuance of service may be in addition
to the penalties hereinbefore set forth.
The Village of Waverly assumes no responsibility
to provide sewer service to any building or property which is located
at such a place or elevation as to make such service impractical.
Wherever service can be provided, the basement level of a residence
or building will be served, unless the location and grade of the building
or property is such that service at the basement level is not feasible
or practical from either an economic or an engineering point of view.
In such a case, services shall be provided at such a level as is feasible.
The Village of Waverly reserves a right to adopt,
however, from time to time such additional rules and regulations as
it shall deem necessary and proper in connection with the use and
operation of the municipal wastewater treatment facility and collection
system, which rules and regulations shall be, shall become and shall
be construed as part of this article.
[Adopted 1-27-1981 by L.L. No. 2-1981]
A.
ACT
BIOCHEMICAL OXYGEN DEMAND (BOD)
BUILDING DRAIN
BUILDING SEWER
COMBINED SEWER
CONTAMINATION
EASEMENT
ENGINEER
FLOATABLE OIL
GARBAGE
INDUSTRIAL WASTES
MUNICIPALITY
NATURAL OUTLET
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION or NYSDEC
PERSON
pH
PRETREATMENT
PRIVATE WASTEWATER DISPOSAL SYSTEM
PROPERLY SHREDDED GARBAGE
PUBLICLY OWNED TREATMENT WORKS (POTW)
PUBLIC SEWER
SANITARY SEWER
SANITARY WASTEWATER
SEWAGE
SEWER
SEWERAGE
SLUG
STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM (SPDES) PERMIT
STORM DRAIN (SOMETIMES TERMED "STORM SEWER")
SUPERINTENDENT
SUSPENDED SOLIDS
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY or USEPA
UNPOLLUTED WATER
VILLAGE
VILLAGE BOARD
WASTEWATER
WASTEWATER FACILITIES
WASTEWATER TREATMENT WORKS
WATERCOURSE
WATER POLLUTION
As used in this article, the following terms shall
have the meanings indicated:
The Federal Water Pollution Control Act, as amended.
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.
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,
terminating five feet [1.5 meters] outside the inner face of the building
wall.
The extension from the building drain to the public sewer
or other place of disposal, also called "house connection."
A sewer intended to receive both wastewater and storm- or
surface water.
An impairment of the quality of the waters of the state by
waste to a degree which creates a hazard to the public health through
poisoning or through the spread of disease.
An acquired legal right for the specific use of land owned
by others.
A professional engineer retained by the Board of Trustees
of the Village of Waverly.
Oil, fat or grease in a physical state such that it will
separate by gravity from wastewater by treatment in an approved pretreatment
facility. Wastewater shall be considered free of "floatable fat" if
it is properly pretreated and the wastewater does not interfere with
the collection system.
The animal and vegetable waste resulting from the handling,
preparation, cooking and serving of foods.
The wastewater from industrial processes, trade or business
as distinct from domestic or sanitary wastewater.
The Village of Waverly, Tioga County, State of New York.
Any outlet, including storm sewers and combined sewer overflows,
into a watercourse, pond, ditch, lake or other body of surface or
ground water.
The New York State Department of Environmental Conservation
or a duly authorized official of said Department.
Any individual, firm, company, association, society, corporation
or group.
The logarithm of the reciprocal of the hydrogen ion concentration.
The concentration is the weight of hydrogen ions in grams per liter
of solution.
The reduction of the amount of pollutants, the elimination
of pollutants or the alteration of the nature of the pollutant properties
in wastewater to a less harmful state prior to or in lieu of discharging
or otherwise introducing such pollutants into a publicly owned treatment
works. The reduction or alteration can be obtained by physical, chemical
or biological processes, process changes or by other means, except
as prohibited by 40 CFR 403.6, General Pretreatment Regulations for
Existing and New Sources of Pollution.
A privately owned system for the treatment and ultimate disposal
of wastewater, such as a septic tank or cesspool, serving one or more
structures.
The wastes from the preparation, cooking and dispensing of
food 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 1/2-inch [1.27 centimeters]
in any dimension.
A treatment works as defined by Section 212 of the Federal
Water Pollution Control Act, as amended, (33 U.S.C. § 1292).
Treatment works shall include any sewers that convey wastewater to
the "POTW" but shall not include pipes, sewers or other conveyances
not connected to a facility providing treatment.
A sewer in which all owners of abutting properties have equal
rights and which is controlled by public authority or a governmental
agency.
A sewer that carries liquid and water-carried wastes from
residences, commercial buildings, industrial plants and institutions,
together with minor quantities of ground-, storm- and surface waters
that are not admitted intentionally.
Domestic wastewater with storm- and surface water excluded,
and includes wastewater discharging from the sanitary conveniences
of dwellings (including apartment houses and hotels), office buildings,
industrial plants or institutions.
A combination of the water-carried wastes from residences,
business buildings, institutions and industrial establishments, together
with such ground-, surface and stormwaters that are not admitted intentionally.
The preferred term is "wastewater." (See the definition of "wastewater.")
A pipe or conduit that carries wastewater or drainage water.
All facilities for collecting, pumping, treating and disposing
of sewage.
Any discharge of water or wastewater 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 of flows during normal operation
and shall adversely affect the collection system and/or performance
of the wastewater treatment works.
A permit issued pursuant to Section 402 of the Federal Water
Pollution Control Act, as amended, (33 U.S.C. § 1342).
A sewer which carries storm- and surface waters and drainage
but excludes sewage and industrial waste other than unpolluted cooling
water.
The Superintendent of Water Pollution Control of the Village
of Waverly or his authorized deputy, agent or representative.
Total suspended matter that either floats on the surface
of or is in suspension in water, wastewater or other liquids and that
is removable by laboratory filtering as prescribed in Standard Methods
for the Examination of Water and Wastewater and referred to as "nonfilterable
residue."
The United States Environmental Protection Agency or, where
appropriate, the administrator or other duly authorized official of
said agency.
Water of quality equal to or better than the effluent criteria
in effect or water that would not cause violation of receiving water
quality standards and would not be benefited by discharge to the sanitary
sewers and wastewater treatment facilities provided.
The Village of Waverly, Tioga County, New York.
The duly elected Village Board of the Village of Waverly
or its authorized deputy, agent or representative.
The spent water of a community. From the standpoint of source,
it may be a combination of the liquid and water-carried wastes from
residences, commercial buildings, industrial plants and institutions,
together with any groundwater, surface water and stormwater that may
be present.
The structures, equipment and processes required to collect,
carry away and treat domestic and industrial wastes and dispose of
the effluent.
An arrangement of devices and structures for treating wastewater,
industrial wastes and sludge; sometimes used as synonymous with "wastewater
treatment plant" or "water pollution control plant."
A natural or artificial channel for the passage of water,
either continuously or intermittently.
The man-made or man-induced alteration of the chemical, physical,
biological or radiological integrity of water.
B.
Word usage. "Shall" is mandatory; "may" is permissive.
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 Village of Waverly or in any area under the jurisdiction
of said Village any human or animal excrement, garbage or other objectionable
waste.
B.
It shall be unlawful to discharge to any natural outlet
within the Village of Waverly or in any area under the jurisdiction
of said Village any wastewater or other polluted waters, except where
suitable treatment has been provided in accordance with subsequent
provisions of this article.
C.
Except as hereinafter provided, 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 wastewater.
D.
The owners of all houses, buildings or properties
used for human occupancy, employment, recreation or other purposes
situated within the Village 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 are hereby required, at their 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 the date of official
notice to do so, provided that said public sewer is within 100 feet
[30.5 meters] of the nearest boundary of such property. Said owner
shall also be required to keep said pipes and connections to the public
sewer in proper operating condition and to make necessary repairs
to said pipeline within 48 hours after official notice of any defect,
leak, stoppage or other malfunction.
A.
Where a public sanitary or combined sewer is not available under the provisions of § 119-12D, 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 shall first obtain a written permit signed
by the Superintendent. The application for such permit shall be made
on a form furnished by the Village, which the applicant shall supplement
by any plans, specifications and other information as are deemed necessary
by the Superintendent. A permit and inspection fee as set forth from
time to time by resolution of the Village Board of Trustees shall
be paid to the Village at the time the application is filed.
[Amended 6-14-1988 by L.L. No. 1-1988]
C.
A permit for a private sewage disposal system shall
not become effective until the installation is completed to the satisfaction
of the Superintendent. He shall be allowed to inspect the work at
any stage of construction, and, in any event, the applicant for the
permit shall notify the Superintendent when the work is ready for
final inspection and before any underground portions are covered.
The inspection shall be made within 72 hours of the receipt of notice
by the Superintendent, weekends and holidays, excluded.
D.
The type, capacities, location and layout of a private
sewage disposal system shall comply with all recommendations of the
Department of Health and the Department of Environmental Conservation
of the State of New York. No permit shall be issued for any private
sewage disposal system employing subsurface soil absorption facilities
where the area of the lot is less than adequate to support the proposed
installation. No septic tank or cesspool shall be permitted to discharge
to any natural outlet.
E.
At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in § 119-12D, a direct connection shall be made to the public sewer in compliance with this article within 90 days, and the private sewage disposal system shall be cleaned of sludge and filled with clean bank-run gravel or dirt.
F.
The owner shall operate and maintain the private sewage
disposal facilities in a sanitary manner at all times at no expense
to the Village.
G.
No statement contained in this section shall be construed
to interfere with any additional requirements that may be imposed
by any Local or State Health Officer having jurisdiction.
A.
No unauthorized person shall uncover, make any connections
with or opening into, use, alter or disturb any public sewer or appurtenances
thereof without first obtaining a written permit from the Superintendent.
B.
Classes of permits; fees.
(2)
In either case, the owner or his agent shall make
application, which application shall be supplemented by any plans,
specifications or other information considered pertinent in the judgment
of the Superintendent. Permit and inspection fees as set forth from
time to time by resolution of the Village Board of Trustees for residential
or commercial building sewer permits and for industrial building sewer
permits shall be paid to the Village at the time the application is
filed.
[Amended 6-14-1988 by L.L. No. 1-1988]
C.
All costs and expenses incident to the installation
and connection of the building sewer shall be borne by the owner.
The owner shall indemnify the Village 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 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, then the building sewer from the front building
may be extended to the rear building and the whole considered as one
building sewer.
E.
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.
F.
The size, slope, alignment, materials of construction
of a building sewer and the methods to be used in excavating, placing
the pipe, jointing, testing and backfilling the trench shall all conform
to the requirements of the Building and Plumbing Code[1] or other applicable rules and regulations of the Village
and be subject to the approval of the Superintendent. In no event
shall the diameter of such pipe be less than four inches, nor shall
the slope of such four-inch pipe be less than 1/8-inch per foot.
[1]
Editor's Note: The New York State Uniform
Fire Prevention and Building Code is the controlling standard in the
Village of Waverly.
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 approved artifical means and discharged to the building
sewer.
H.
No person shall make connection of roof downspouts,
exterior foundation drains, areaway drains or other sources of surface
runoff or groundwater to a building sewer or building drain which
in turn is connected directly or indirectly to a public sanitary sewer
unless such connection is approved by the Superintendent for purposes
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
Code[2] or other applicable rules and regulations of the Village
or the procedures set forth in appropriate specifications of the American
Society for Testing and Materials and the Water Pollution Control
Federation Manual of Practice No. 9. All such connections shall be
made gastight and watertight. Any deviation from the prescribed procedures
and materials must be approved by the Superintendent before installation.
[2]
Editor's Note: The New York State Uniform
Fire Prevention and Building Code is the controlling standard in the
Village of Waverly.
J.
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.
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 Village.
A.
No person shall discharge or cause to be discharged
any unpolluted wastes, such as stormwater, surface water, groundwater,
roof runoff, subsurface drainage, uncontaminated cooling water or
unpolluted industrial process waters to any sanitary sewer.
B.
Stormwater and all other unpolluted drainage shall
be discharged to such sewers as are specifically designed as combination
sewers or 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.
Cooling water discharge will require a SPDES permit.
C.
No person(s) 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 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 waste treatment process,
constitute a hazard to humans or animals, create a public nuisance
or create any hazard in the receiving waters of the wastewater treatment
plant.
(3)
Any waters or wastes having a pH lower than 5.0 or
higher than 9.0 or having any other corrosive property capable of
causing damage or hazard to structures, equipment and personnel of
the wastewater works.
(4)
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 wastewater facilities,
such as, but not limited to, ashes, bones, cinders, sand, mud, straw,
shavings, metal, glass, rags, feathers, tar, plastics, wood, unground
garbage, whole blood, paunch manure, hair and fleshings, entrails
and paper dishes, cups, milk containers, etc., either whole or ground
by garbage grinders.
D.
The following described substances, materials, waters
or waste shall be limited in discharges to municipal systems to concentrations
or quantities which will not harm either the sewers, wastewater treatment
process or equipment, will not have an adverse effect on the receiving
stream or will not otherwise endanger lives, limb, public property
or constitute a nuisance. The Superintendent may set limitations lower
than the limitations established in the regulations below if, in his
opinion, such more severe limitations are necessary to meet the above
objectives. In forming his opinion as to the acceptability, the Superintendent
will give consideration to such factors as the quantity of subject
waste in relation to flows and velocities in the sewers, materials
of construction of the sewers, the wastewater treatment process employed,
capacity of the wastewater treatment plant, degree of treatability
of the waste in the wastewater treatment plant, and other pertinent
factors. The limitations or restrictions on materials or characteristics
of waste or wastewaters discharged to the sanitary sewer which shall
not be violated without approval of the Superintendent are as follows:
(1)
Any liquid or vapor having a temperature higher than
150° F. 65° C., or in such quantities that the temperature
at the treatment works influent exceeds 40° C. 104° F. unless
the POTW is designed to accommodate such heat.
(2)
Wastewater containing more than 100 milligrams per
liter of petroleum oil, nonbiodegradable cutting oils or products
of mineral oil origin.
(3)
Wastewater from industrial plants containing floatable
oils, fat or grease.
(4)
Any garbage that has not been properly shredded (see definition of "properly shredded garbage" in § 119-11). Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments or similar places where garbage originates from the preparation of food in kitchens for the purpose of consumption on the premises or when served by caterers.
(5)
Any waters or wastes containing iron, chromium, copper,
zinc, mercury (such that it would cause plant effluent Hg concentration
of 0.70 ng/L), and similar objectionable or toxic substances to such
degree that any such materials received in the composite wastewater
or the wastewater treatment works exceed the limits established by
the Superintendent for such materials.
[Amended 4-25-2023 by L.L. No. 2-2023]
(6)
Any waters or wastes containing odor-producing substances
exceeding the limits which may be established by the Superintendent.
(7)
Any radioactive wastes or isotopes of such half-life
or concentration as may exceed limits established by the Superintendent
in compliance with applicable state or federal regulations.
(8)
Quantities of flow or concentrations, or both, which
constitute a "slug" as defined herein.
(9)
Waters or wastes containing substances which are not
amenable to treatment or reduction by the wastewater treatment processes
employed or are amenable to treatment only to such degree that the
wastewater treatment plant effluent cannot meet the requirements of
agencies having jurisdiction over discharge to the receiving waters.
(10)
Any water or wastes which, by interaction with
other water or wastes in the public sewer system, release obnoxious
gases, form suspended solids which interfere with the collection system
or create a condition deleterious to structures and treatment processes.
(11)
Any waters or wastes containing strong-acid
iron-pickling wastes or concentrated plating solutions, whether neutralized
or not.
(12)
Any waters or wastes having a lower pH in excess
of 9.5.
(13)
Any water or wastes containing materials which
exert or cause unusual concentrations of inert suspended solids (such
as, but not limited to, fuller's earth, lime slurries and lime residues)
or of dissolved solids (such as, but not limited to, sodium chloride
and sodium sulfate).
(14)
Any waters or wastes containing materials which
exert or cause excessive discoloration (such as, but not limited to,
dye wastes and vegetable-tanning solutions).
(15)
Any waters or wastes containing materials which
exert or cause unusual BOD, chemical oxygen demand or chlorine requirements
in such quantities as to constitute a significant load on the sewage
treatment works.
E.
Discharge of hazardous wastes.
(1)
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 of this section and which, in the judgment of the Superintendent, may have a deleterious effect upon the wastewater facilities, processes, equipment or receiving waters or which otherwise create a hazard to life or constitute a public nuisance, the Superintendent may:
(a)
Reject the wastes;
(b)
Require that when pretreatment standards are
adopted by the United States Environmental Protection Agency (EPA)
or the NYSDEC for any given class of industries, then such industries
must immediately conform to the EPA or NYSDEC timetable for adherence
to these standards. The Superintendent shall further assure that compliance
by industries to whom pretreatment standards are applicable are in
compliance with Section 307 of PL 92-500, as amended.
(c)
Require control over the quantities and rates
of discharge; and/or
(d)
Require payment to cover the added cost of handling
and treating the wastes not covered by existing taxes or sewer charges.
(2)
When considering the above alternatives, the Superintendent
shall give consideration to the economic impact of each alternative
on the discharger. If the superintendent permits the pretreatment
or equalization of waste flows, the design and installation of the
plants and equipment shall be subject to the review and approval of
the Superintendent.
F.
Grease, oil and sand interceptors shall be provided when, in the opinion of the Superintendent, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts, as specified in Subsection D(3), or any flammable wastes, sand or other harmful ingredients, except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Superintendent and shall be located as to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors, the owner shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates and means of disposal which are subject to review by the Superintendent. Any removal and hauling of the collected materials not performed by owners' personnel must be performed by currently licensed waste disposal firms.
G.
Where pretreatment or flow-equalizing facilities are
provided or required for any waters or wastes, they shall be maintained
continuously in satisfactory and effective operation by the owner
at his expense.
H.
When required by the Superintendent, the owner of
any property serviced by a building sewer carrying industrial wastes
shall install a suitable structure, together with such necessary meters
and other appurtenances, in the building sewer to facilitate observation,
sampling and measurement of the wastes. Such structure, when required,
shall be accessible and safely located and shall be constructed in
accordance with plans approved by the Superintendent. The structure
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.
I.
The Superintendent may require a user of sewer services
to provide information needed to determine compliance with this article.
These requirements may include:
(1)
Wastewaters' discharge peak rate and volume over a
specified time period.
(2)
Chemical analysis of wastewaters.
(3)
Information on raw materials, processes and products
affecting wastewater volume and quality.
(4)
The quantity and disposition of specific liquid, sludge,
oil, solvent or other materials important to sewer use control.
(5)
A plot plan of sewers on the user's property showing
sewer and pretreatment facility location.
(6)
Details of wastewater pretreatment facilities.
(7)
Details of systems to prevent and control the losses
of materials through spills to the municipal sewer.
J.
All measurements, tests and analyses of the characteristics
of waters and wastes to which reference is made in this article shall
be determined in accordance with the latest edition of Standard Methods
for the Examination of Water and Wastewater, published by the American
Public Health Association. Sampling methods, location, times, durations
and frequencies are to be determined on an individual basis subject
to approval by the Superintendent.
K.
No statement contained in this section shall be construed
as preventing any special agreement or arrangement between the Village
and any industrial concern whereby an industrial waste of unusual
strength or character may be accepted by the Village for treatment.
L.
Major contributing industries, which are industrial
users of the POTW, that have a flow of 50,000 gallons or more per
average workday; have a flow greater than 5% of the flow carried by
the municipal system receiving the waste; have in their wastes a toxic
pollutant in toxic amounts as defined in standards issued under Section
307(a) of the Act; have been identified as one of the 21 industrial
categories; or are found by the permit issuance authority in connection
with the issuance of a SPDES permit to the POTW receiving the waste
to have significant impact, either singly or in combination with other
contributing industries, on the treatment works or upon the quality
of effluent from that treatment works must comply with federal pretreatment
standards and any other applicable requirements promulgated by the
USEPA in accordance with Section 307 of the Federal Water Pollution
Control Act amendments of 1972 and any more stringent pretreatment
standards required by local conditions.
M.
Industrial users must obtain written authorization
from the Superintendent for the disposal of their wastes into the
system with periodic renewal of this authorization as directed by
the Superintendent.
(1)
The maximum period of such authorization shall be
two years, subject to written renewals, with each renewal having a
maximum period of two years.
(2)
Any such authorization, or renewal thereof, is subject
to withdrawal, modification or change by the municipality should the
municipality deem the same to be in the public interest. Before a
withdrawal, modification or change is effected, the industrial user
shall be given notice thereof with an opportunity to be heard.
(3)
No authorization shall be assigned, transferred or
sold or used at premises or in an operation or process different from
that for which said authorization was issued.
(4)
Industrial users shall apply for a new written authorization
if the operation or process for which the same was issued is changed
so that the wastewater characteristics or flow is altered.
N.
Industrial users must, in order to obtain authorization
to discharge industrial wastes into the system, provide information
describing wastewater, including but not limited to volume, constituents
and characteristics of wastewater, flow rates, each product produced
by type, amount and rate of production and description of activities,
facilities and plant process on the premises, including all materials,
processes and types of materials which are or could be discharged.
O.
The disposal into the sewer system of any pollutant
by any person is unlawful, except in compliance with the Federal Water
Pollution Control Act and other applicable laws, rules and regulations.
P.
Industrial users shall notify the municipality immediately
upon accidentally discharging wastes in violation of this article.
This notification shall be followed, within 15 days of the date of
occurrence, by a detailed written statement describing the causes
of the accidental discharge and the measures being taken to prevent
future occurrence. Such notification will not relieve users of liability
for any expense, loss or damage to the sewer system, treatment plant
or treatment process or for any fines imposed on the municipality
under applicable state and federal regulations.
Q.
A notice shall be furnished and permanently posted
on the industrial user's bulletin board advising employees whom to
call in case of an accidental discharge in violation of this article.
Also, copies of the Article are to be made available to the user's
employees.
R.
Any direct or indirect connection or entry point for
persistent or deleterious wastes to the user's plumbing or drainage
system should be eliminated. Where such action is impractical or unreasonable,
the user shall label such approximate entry points to warn against
discharge of such waste in violation of this article.
A.
The Village of Waverly will recover from industrial
users of the sewer system 50% of that portion of the federal grant
awarded to the Village for construction of said system which is allocable
to the treatment of wastes from such users. This subsection shall
apply to all users who discharge industrial wastes into the sewerage
system as defined by the USEPA.
[Amended 9-27-1983 by L.L. No. 3-1983]
B.
The 50% of the total cost recovery period shall be
equal to 30 years or the useful life of the sewerage system, whichever
is less.
[Amended 9-27-1983 by L.L. No. 3-1983]
C.
Each year during the recovery period, each industrial
user of the sewerage system shall pay an amount equal to 50% of its
share of the federal grant divided by the recovery period. The annual
amount will be prorated over a twelve-month period, with adjustments
made thereto at year end where necessary. Each industrial user will
be billed for and shall make monthly payments concurrently with the
monthly payment of his sewer use charge.
[Amended 9-27-1983 by L.L. No. 3-1983]
D.
An industrial user's share of the federal grant shall
be a percentage of the grant cost equal to the proportion of user
peak flow to total design peak flow less unused reserve capacity and
infiltration inflow.
E.
The amount of the annual payment required from each industrial user will be calculated initially on an estimated basis. At the end of the first year, when actual data becomes available, necessary adjustments will be made to the first year's charges. The data will then be utilized to estimate the second year's cost recovery amount in the same manner. This procedure will establish the basis for determining the monthly payments at the beginning of each year, as prescribed in Subsection C above and will be applied to each industrial user for all subsequent years of the cost recovery period.
F.
Any user claiming to be aggreived by any surcharge,
assessment or cost apportionment made under this section may seek
review of said charge by serving a notice, in writing, of application
for review with the Village Clerk within 30 days of notice of said
charge.
G.
The provisions of this article providing for industrial
cost recovery shall become effective and operate from the date construction
on the system is completed or the date the first beneficial use, operation
or occupancy of any portion thereof, whichever first occurs.
H.
As used in this section, "industrial user" shall mean:
(1)
Any nongovernmental, nonresidential user of a publicly
owned treatment works which discharges more than the equivalent of
25,000 gallons per day (gpd) of sanitary wastes and which is indentified
in the Standard Industrial Classification Manual, 1972, Office of
Management and Budget, as amended and supplemented, under one of the
following divisions: Division A, Agriculture, Forestry and Fishing;
Division B, Mining: Division D, Manufacturing; Division E, Transportation,
Communications, Electric, Gas and Sanitary Services or Division I,
Services.
(a)
In determining the amount of a user's discharge
for purposes of industrial cost recovery, it may include domestic
wastes or discharges from sanitary conveniences.
(b)
After applying the sanitary waste exclusion in Subsection H(1)(a) of this section, if it chooses to do so, dischargers in the above divisions that have a volume exceeding 25,000 gpd of the weight of biochemical oxygen demand (BOD) or suspended solids (SS) equivalent to that weight found in 25,000 gpd of sanitary waste are considered "industrial users." "Sanitary wastes," for purposes of this calculation of equivalency, are the wastes discharged from residential discharges in terms of parameters, including, as a minimum, BOD and SS per volume of flow.
(2)
Any nongovernmental user of a publicly owned treatment
works which discharges wastewater to the treatment works which contains
toxic pollutants or poisonous solids, liquids or gases in sufficient
quantity, either singly or by interaction with other wastes, to contaminate
the sludge of any municipal systems or to injure or to interfere with
any sewage treatment process or which constitutes a hazard to humans
or animals, creates a public nuisance or creates any hazard in or
has an adverse effect on the waters receiving any discharge from the
treatment works.
(3)
All commercial users of an individual system constructed
with grant assistance under Section 201(h) of the Act and this subsection.
I.
The Village shall use industrial cost recovery payments
received from industrial users as follows:
[Amended 9-27-1983 by L.L. No. 3-1983]
(1)
The Village shall retain the full amount recovered
from industrial users.
(2)
A portion of the amounts recovered may be used to
pay the incremental costs of administration of the industrial cost
recovery system. The incremental costs of administration are those
costs remaining after deducting all costs reasonably attributable
to the administration of the user charge system. The incremental costs
shall be segregated from all other administrative costs of the Village.
(3)
A minimum of 80% of the amount it recovers after paying
the incremental costs of administration, together with any interest
earned, shall be used for the allowable costs of any expansion, upgrading
or reconstruction of treatment works necessary to meet the requirements
of the Act. It shall obtain the written approval of the Regional Administrator
before the commitment of the amounts retained for expansion, upgrading
or reconstruction.
(4)
The remainder of the amounts retained by it may be
used as it sees fit, except that they may not be used for construction
of industrial pretreatment facilities or rebates to industrial users
for costs incurred in complying with user charge or industrial cost
recovery administration.
A.
The Superintendent, other duly authorized employees
of the Village and representatives of the EPA and NYSDEC bearing proper
credentials and identification shall be permitted to enter all properties
at reasonable times for the purposes of inspection, observation, measurement,
sampling and testing pertinent to discharge to the community system
in accordance with the provisions of this article.
B.
The Superintendent or other duly authorized employees
are authorized to obtain information concerning industrial processes
which have a direct bearing on the kind and source of discharge to
the wastewater collection system. The industry may withhold information
considered confidential, provided that it establishes that the revelation
to the public of the information in question might result in an advantage
to its competitors.
C.
While performing the necessary work on private properties referred to in Subsection A above, the Superintendent or duly authorized employees of the Village shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the Village employees, and the Village shall indemnify the company against loss or damage to its property by Village employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in § 119-15H.
D.
The Superintendent and other duly authorized employees
of the Village bearing proper credentials and identification shall
be permitted to enter all private properties through which the Village
holds a duly negotiated easement for the purposes of, but not limited
to, inspection, observation, measurement, sampling, repair and maintenance
of any portion of the wastewater facilities lying within said easement.
All entry and subsequent work, if any, on said easement shall be done
in full accordance with the terms of the duly negotiated easement
pertaining to the private property involved.
A.
Subject to all applicable state and federal laws and/or
regulations, the Village Board shall establish such charges as are
required to raise the necessary revenue to defray the costs of debt
service and capital expenditures and operation and maintenance of
the wastewater treatment and collection facilities.
B.
The first year's operation and maintenance charges
will be based on past experience or some other method that can be
demonstrated to be appropriate to the level and type of services as
per 40 CFR 35.929-2(a).
C.
The grantee will review, not less often than every
two years, the wastewater contributions, the total costs of operation
and maintenance and the UCS itself. Revisions must be made as necessary
to conform to 40 CFR 35.929-2(b)(1) to (3).
D.
Dischargers of toxic wastes which cause an increase
in the cost of managing the effluent or sludge shall pay such increased
costs, as per 40 CFR 35.929-2(c).
E.
The UCS must require that the cost of treating all
extraneous flow will be distributed among all users in accordance
with 40 CFR 35.929-2(d)(1) to (2).
F.
Each user is to be notified annually of the rate and
portion of the charges attributable to wastewater treatment.
The Village reserves the right to adopt, from
time to time, such additional rules and regulations as it shall deem
necessary and proper in connection with use and operation of the sewer
system, which rules and regulations shall become and shall be construed
as part of this article.
Detailed plans, showing facilities and operating
procedures to provide protection from accidental discharge of prohibited
materials or other wastes from major contributing industries, shall
be submitted to the municipality for the review and shall be acceptable
to the municipality for construction of the facilities.
A.
Any person found to be violating any provisions of this article, except §§ 119-19 and 119-20, shall be served by the Village 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.
Penalties.
[Amended 9-23-2008 by L.L. No. 1-2008]
(1)
Any person who shall continue any violation beyond the time limit provided for in Subsection A of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined:
(a)
First offense: up to $250 and/or up to 15 days
in jail.
(b)
Second offense for the same violation within
two-year period: minimum fine of $100 and up to $350 and/or up to
15 days in jail.
(c)
Third offense for the same violation within
two-year period: minimum fine of $200 and up to $700 and/or up to
15 days in jail.
(d)
Fourth offense for the same violation within
two-year period: minimum fine of $300 and up to $1,000 and/or up to
15 days in jail.
(2)
Subsequent violations. If a period of two or more
years has passed since the defendant's last conviction for violating
provisions of this article, a subsequent conviction will be subject
to a first offense fine.
C.
Any person violating any of the provisions of this
article shall become liable to the Village for any expense, loss or
damage occasioned the Village by reason of such violation.
D.
The municipality may issue an order to cease and desist,
directing those persons not complying with such prohibitions, limits,
requirements or provisions of this article or of the wastewater discharge
permit to:
E.
Any person who knowingly makes any false statements, representation, record, report, plan or other documentation filed with the municipality or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this article shall be punished by fine and/or imprisonment as set forth in Subsection B above.
F.
The application of the above penalty or penalties
or the prosecution for the violation of the provisions of this article
shall not be deemed to prevent the revocation of any permit issued
pursuant thereto or the enforced removal of conditions prohibited
by this article.
G.
The municipality may revoke any wastewater discharge
permit or authorization or terminate or cause to be terminated wastewater
service to any premise if a violation of any provision of this article
is found to exist or if a discharge of wastewater causes or threatens
to cause a condition of contamination or pollution, as defined in
this article.