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City of Schenectady, NY
Schenectady County
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Table of Contents
Table of Contents
In addition to any other fees, charges, sewer rents or taxes provided by law, the owner or tenant of any parcel of real property connected with the sewer system by any means may be subject to payment of an industrial waste surcharge for use of the wastewater treatment works for discharging industrial wastes or other wastes accepted for admission into the system. The industrial waste surcharge shall consist of, but not be limited to, the following charges:
A. 
Operation and maintenance charges.
B. 
Debt service charges.
For purposes of imposition of the industrial waste surcharge, industrial wastewater shall be defined as any waste with constituent characteristics exceeding those listed in § 220-37B of this Part 2.
[Amended 12-12-1988 by Ord. No. 88-91; 12-27-2010 by Ord. No. 2010-23]
The surcharge shall be computed by the Director using the following surcharge formulas and shall apply to industrial users as defined in § 220-70.
A. 
For operation and maintenance charges:
B. 
For debt service charges:
C. 
Where:
OMC =
Industry share of the annual operation and maintenance charges.
A =
Annual operation and maintenance cost of the treatment facility.
V =
Average daily volume discharged by the industrial user.
Q =
Average daily flow of treatment facility influent.
CI =
Average COD of daily indirect discharge for sample(s) taken during the pretreatment year of July 1 to June 30 (pounds per day).
CP =
Average daily COD (pounds per day) of treatment facility influent.
BI =
Average BOD5 of daily indirect discharge for sample(s) taken during the pretreatment year of July 1 to June 30 (pounds per day).
BP =
Average daily BOD5 (pounds per day) of treatment facility influent.
TI =
Average TOC of daily indirect discharge for sample(s) taken during the pretreatment year of July 1 to June 30 (pounds per day).
TP =
Average daily TOC (pounds per day) of treatment facility influent.
SI =
Average suspended solids of daily indirect discharge for sample(s) taken during the pretreatment year of July 1 to June 30 (pounds per day).
SP =
Average daily suspended solids (pounds per day) of treatment facility influent.
Xo =
Percent of operation and maintenance costs attributable to flow.
Co =
Percent of operation and maintenance attributable to COD.
To =
Percent of operation and maintenance attributable to TOC.
Yo =
Percent of operation and maintenance attributable to BOD.
Zo =
Percent of operation and maintenance attributable to suspended solids.
DSC =
Industry share of annual debt service of treatment facility.
D =
Annual debt service cost of treatment facility.
Xc =
Percent of local capital cost attributable to flow.
Cc =
Percent local capital costs attributable to COD.
To =
Percent local capital costs attributable to TOC.
Xc =
Percent local capital costs attributable to BOD.
Zc =
Percent local capital costs attributable to suspended solids.
U =
Cost attributable to any other parameters for which the treatment facility was designed to remove, such as but not limited to phosphorus and nitrogen.
D. 
Industrial waste surcharge.
(1) 
The total industrial waste surcharge (IWS) will be based upon the industry share of the operation and maintenance charges and annual debt service less the adjusted share of any sewer rent payments made by the user. The adjusted share of sewer rent (ASR) for operating and maintaining and/or the capital costs of the POTW shall be calculated using the following formula:
ASR = SR [(A + D)/SF]
Where: A and D have the meanings set forth in Subsection C hereof; SR shall equal the annual amount of any sewer rent charges paid by the user; and SF shall equal the total annual sewer fund operating budget as established by the City (as may adjusted by the Director to account for anomalies).
(2) 
The IWS will be calculated using the following formula:
IWS = (OMC + DSC) - ASR
Where: OMC and DSC shall have the meanings set forth in Subsection C hereof.
(3) 
If the ASR exceeds the sum of the OMC and the DSC, there will be no IWS imposed and no reimbursement of SR.
(4) 
Notwithstanding the foregoing, in calculating the IWS for users located outside the territorial limits of the City, the amount of the ASR to be deducted from the sum of the OMC + DSC may not exceed the projected ASR for that user’s facility if it were located within the territorial limits of the City.
[Amended 12-12-1988 by Ord. No. 88-91; 12-27-2010 by Ord. No. 2010-23]
The industrial waste surcharge shall be based upon the measured or estimated constituents and characteristics of the wastewater discharge of the user which may include, but are not limited to, flow rate, biochemical oxygen demand, total suspended solids, chemical oxygen demand and total organic carbon. The wastewater constituents and characteristics used to calculate the industrial waste surcharge will be those listed in § 220-37B of this Part 2, as well as those determined by the Director. Any data provided by the user may be used in addition to the data obtained by the Director.
[Amended 12-12-1988 by Ord. No. 88-91; 12-27-2010 by Ord. No. 2010-23]
In applying the surcharge formulas, the Director may represent flow discharged into the sewer system by:
A. 
The amount of water supplied to the premises as shown on the water meter or water records if the premises are metered;
B. 
The volume of wastewater discharged into the sewer system as determined by the measurements and samples taken at a monitoring facility installed by the owner of the property served by the sewer system;
C. 
Allowances for water not discharged to the sewer system will be made at the discretion of the Director; or
D. 
A figure determined by the Director by any combination of the foregoing or by any other equitable method.
A. 
The pollutant concentration of any wastewater shall be determined from the analysis of representative samples taken prior to discharge into the City sewers, taken by representatives of the Director at sampling stations as described in § 220-51 of this Part 2 at any period or time or of such duration and in such a manner as the Director may elect, or at any place or manner mutually agreed upon between the user and the Director. The intent of any sampling procedure is to establish the pollutant concentration in the wastewater discharge during an average or typical working day. This concentration may be derived according to the best judgment of the Director.
[Amended 12-12-1988 by Ord. No. 88-91; 12-27-2010 by Ord. No. 2010-23]
B. 
The analysis of samples taken shall be performed in a laboratory of the Department or a laboratory designated by the Director. The industrial waste surcharge and/or the acceptability of the wastes shall be determined from said analysis.
[Amended 12-12-1988 by Ord. No. 88-91; 12-27-2010 by Ord. No. 2010-23]
C. 
All surcharges shall be based on the analysis of the wastes from any plant or premises related to the total volume of wastes determined under § 220-73 of this Part 2. The average value of the concentrations of pollutants measured during a calendar year shall be used in calculating the industrial waste surcharge.
D. 
Whenever the wastes discharged from a premises to a public sewer might be expected to show appreciable periodic variation during the year due to manufacturing process or production variation due to seasonal changes, the Director may average the results of the two or more series of analysis taken to reflect these variations and thereby determine an average pollutant concentration.
[Amended 12-12-1988 by Ord. No. 88-91]
In the event that the pollutant concentration of the waste discharged from the premises to a public sewer as determined under § 220-74 of this Part 2 is disputed by a user, a program of resampling and flow measurement with subsequent analytical determination may be instituted as follows:
A. 
The person must submit a request for resampling and flow measurements of the wastes to the Director.
[Amended 12-12-1988 by Ord. No. 88-91; 12-27-2010 by Ord. No. 2010-23]
B. 
A consultant or agency of recognized professional standing in the employ of the user must confer with representatives of the Director in order that an agreement may be reached as to the various factors which must be considered on a new sampling and flow measurement program.
[Amended 12-12-1988 by Ord. No. 88-91; 12-27-2010 by Ord. No. 2010-23]
C. 
The consultant or agency of recognized professional standing employed by the user shall conduct a resampling and reanalysis program under the direction of the Director for at least two twenty-four-hour periods.
[Amended 12-12-1988 by Ord. No. 88-91; 12-27-2010 by Ord. No. 2010-23]
D. 
The results of the resampling and the reanalysis shall be considered to be the current analysis of the wastes discharged to the sewer system and shall be used for determining the acceptability of the sampling and analysis results in question. The new results may be used in place of the results in question or in addition to other data collected by the Department for determining the industrial waste surcharge and/or compliance with this Part 2.
E. 
All costs of sampling, analysis and flow measurement are to be paid by the user.
A. 
Industrial waste surcharge fees, industrial waste discharge permit fees and any related fees shall be due within 60 days of issuance, except that if such day shall fall on a Saturday, Sunday or public holiday, the payment shall be due on the first business day following. The payment may be paid to the Director of Finance of the City of Schenectady within a period of 15 days after it is due and payable without any charge.
B. 
Any such fee which is not paid within the grace period set forth in Subsection A preceding shall be deemed delinquent and shall bear the same rate of penalty or interest as that imposed on delinquent taxes on real property within the City, as well as cancellation of service by the Director. The City shall collect such penalties and interest on such delinquent fees.
[Amended 12-12-1988 by Ord. No. 88-91; 12-27-2010 by Ord. No. 2010-23]
Industrial waste surcharge fees, industrial waste discharge permit fees and any related fees shall be liens against real property within the City to the extent set forth in § 452 of the General Municipal Law.
The City may enforce the collection of such fees as are described in § 220-76 of this Part 2 pursuant to § 452 of the General Municipal Law.
Pursuant to § 453 of the General Municipal Law, revenues derived from such fees are described in § 220-76 of this Part 2 shall be credited to the special fund known as the "Sewer Rent Fund" (§ 220-67 of this chapter). Disbursement therefrom shall be made pursuant to such section of the General Municipal Law.