HomeMy WebLinkAbout9.20.2023-Agenda
Zoom Link 4118425407
Village of Cayuga Heights Board of Trustees Monthly Meeting
September 20, 2023 7:00 p.m.
1. Call To Order EXHIBIT/PAGE
2. a. Approval of August 16, 2023 Meeting Minutes 2024-076 pgs. 2-9
3. Report of the Fire Superintendent Tamborelle: Submitted Report 2024-077 pg. 10-11
4. Privilege of the Floor:
5. Report of Treasurer Dolch: Submitted Report 2024-078 pgs. 12-13
6. Report of Mayor Woodard:
a. Public Hearing on Proposed Local Law D of 2023- Pretreatment Agreement 2024-079 pgs. 14-44
b. Proposed Local Law E of 2023- Short-Term Rental Law Discussion 2024-080 pgs. 45-46
c. Proposed Local Law F of 2023- Property Maintenance Discussion 2024-081 pgs. 47-52
d. Water Rates & Schedule a Public Hearing on Sewer Rates 2024-082 pgs. 53-55
e. Introduction of Justice Kathleen Bergin
f. Cayuga Heights Road Sidewalk Project Consulting Firm Selection
g. Cayuga Heights Road Sidewalk Project Grant Resolution 2024-083 pg. 56
h. Walking Safe Sidewalk Project Bid Schedule
i. NYPA Final Inspection Report Signoff 2024-084 pg. 57
7. Report of the Trustees:
a. Performance Review Procedures 2024-085 pgs. 58-59
8. Report of Superintendent of Public Works Cross: Submitted Report
9. Report of Police Chief Wright: Submitted Report 2024-086 pgs. 60-61
10. Report of Director of Public Works Wiese: Submitted Report 2024-087 pg. 62
11. Report of Clerk Walker: Submitted Report 2024-088 pgs. 63-64
12. Report of Attorney Marcus:
13. Adjournment
1
2
EXHIBIT 2024-076
VILLAGE OF CAYUGA HEIGHT August 16, 2023
Zoom ID # 411842540 BOARD OF TRUSTEES 7:00 p.m.
MONTHLY MEETING
Present: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, Salton; Village Engineer B. Cross;
Director of Public Works Wiese; Police Sergeant Manning; Attorney Marcus; Clerk Walker; Treasurer Dolch
Absent: Trustee Robinson, Police Chief Wright
1. Call to Order: Mayor Woodard calls the meeting to order at 7:03 p.m.
2. Approval of the July 19, 2023 Meeting Minutes (Exhibit 2024-066)
Resolution: 9478
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees approves July 19, 2023, Board
Meeting Minutes as presented.
Motion: Trustee Marshall
Second: Trustee Biloski
Ayes: Mayor Woodard; Trustees: Bilsoki, Hubbell, Marshall, Rennekamp
Nays: none
Abstentions: Trustee Salton
Motion Carried
3. Report of Fire Superintendent Tamborelle: Submitted Report (Exhibit 2024-067)
• Fire Superintendent Tamborelle states that the roof project shingles have been ordered and were supposed to be
delivered this past Monday.
• Fire Superintendent Tamborelle states that the department is starting to recruit for the fall firefighter’s class.
4. Privilege of the Floor: No members of the public wished to speak
5. Report of Treasurer Dolch: Submitted Report (Exhibit 2024-068)
•Village Treasurer Dolch states that the bank to book reconciliations are complete for July and Trustee
Rennekamp has signed off on those reports.
3
• Village Treasurer Dolch states that our NYCLASS investments made around $18,000 this month.
• Village Treasurer Dolch states that she has started the Annual Update Document for New York State.
Approval of Abstract 3:
Resolution: 9479
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves Abstract
#3 for FYE2024 consisting of TA vouchers 11-14 in the amount of $14,374.94 and Consolidated Fund vouchers
126-206 in the amount of $668,609.16 and the Treasurer is instructed to make payments thereon.
Motion: Trustee Rennekamp
Second: Trustee Hubbell
Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, and Salton
Nays: none
Abstentions: none
Motion Carried
6. Report of Mayor Woodard:
a. Granicus Renewal:
• Mayor Woodard states that we were expecting more out of this software. We were led to believe that we
could find those individuals who were renting beyond the allowed 28 days under the current Village local
law. There is a way to find that information, but it is not easy.
•Mayor Woodard states that we are going to set up another web training meeting with Granicus and explain
what we are looking for specifically and how they can better provide proof of number of nights rented.
•Mayor Woodard states that we are willing to renew the contract for one more year.
•Trustee Marshall suspects that there are many ways to avoid the screening process.
•Clerk Walker states that the office was hopeful that this software would capture those who have been
avoiding the permit process but that has not been the case.
•Trustee Rennekamp states that when you meet with Granicus could you ask them how often they scrape the
reviews?
•Mayor Woodard states that we will have to review their required rental logs to see the actual number of
days they rented.
4
• Trustee Marshall states that those who feel our local law is unfair will not be easily swayed to come into
compliance.
Resolution: 9480
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves Mayor
Woodard signing the Granicus renewal contract for Short-Term Rental Monitoring Service for the next 12 months
for $4000.
Motion: Trustee Bilsoki
Second: Trustee Hubbell
Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, and Salton
Nays: none
Abstentions: none
Motion Carried
b. Lawn Maintenance Zoning Changes:
•Mayor Woodard states that the number of residents who have let their lawns go and overall clutter in the
front lawns including the Village right-of-way has increased dramatically. The Village Public Works
Committee has been discussing this issue for several months.
•Mayor Woodard states that Village Attorney R. Marcus has drafted a Proposed Local Law removing the
section on property maintenance (ecode 305-95) from the Village Zoning Law.
•Village Attorney R. Marcus states that he worked out new language that removes section 305-95 B. -2
“Lawn areas shall be kept mowed such that the height of growth in any lawn areas does not exceed 10
inches” and replaces that statement with the following “All lawn areas shall be kept mowed such that the
height of growth in any lawn area does not exceed 10 inches. For the purposes of article, the term "lawn
area" shall include all areas at ground level of any property that are not occupied by (a) man-made
improvements or structures (including driveways and parking areas that are paved or made of concrete, but
not including gravel driveways or parking areas), (b) trees or shrubs, (c) ornamental grasses, such as any
variation of fountain grass, (d) vegetable gardens, nor (e) flower gardens that are intentionally planted and
maintained as flower gardens. The term "lawn area" shall include, but shall not be limited to, (f) any area on
which is growing any variation of turf grass, (g) any area on which has been allowed to grow wild flowers,
invasive plants or weeds, (h) any gravel driveway or parking area, and (i) any area occupied by a driveway,
parking area, path or patio that is constructed with slabs of rock placed at grade, each of which is aligned
with the adjacent rock.
•Village Attorney R. Marcus states that he reached out to NYCOM’s legal department who advised him that
the Village could remove this section from the Village Zoning Law and make the property maintenance a
standalone law. Doing this would eliminate any long timely notices and public hearings.
•Trustee Marshall states that he is concerned with the fact that Brent will have to use his discretion to enforce
5
this law.
• B. Cross states that it has always been a challenge. He has made it a practice to not single out one property
but to set a date to canvass the Village and then send out multiple notices.
•Trustee Salton states that he finds this overreaching and petty to concentrate on lawn maintenance issues.
• Trustee Hubbell states that there needs to be some sort of order in the Village when it comes to lawn care.
What happened to pride of place.
•Trustee Marshall states that there needs to be a reasonable and objective timeframe for violations.
•B. Cross states that he is not in favor of having a staff member or contractor go onto someone's property to
correct the violation.
•Mayor Woodard states that this is the first attempt, and we will need to reach out to the community to gather
input before we publicize a Public Hearing. We will need to decide on the number of days to correct a lawn
maintenance violation.
•B. Cross states that the Village summer intern has canvassed the Village and tagged around 13 properties
that are in violation of the current lawn maintenance section of our Zoning Law. Since then he has mailed out
letters of violation.
•B. Cross states that he would expect some sort of option that would fall into a subcategory of "lawn" in the
future. This would allow the Village to know of a particular property and their "intent" of how they plan to
keep their lawn, such as a pollinator garden or wildflower garden.
•Mayor Woodard suggests a registration process for these types of lawns.
•Village Attorney R. Marcus states that this proposed local law allows for exemptions for those in purposely
intend to create such gardens.
•Mayor Woodard states that we should establish 15 days as the rule and 10 days to remedy the violation.
c. Walking Safe Cayuga Heights Sidewalk Project Bids:
•B. Cross states that Fisher and Associates had sent a proposed bid schedule to NYSDOT. There was a small
chance that NYSDOT could commit to that schedule and that did not work out.
• B. Cross states that we (the Village) are obligated to advertise for the bids, so Clerk Walker faced with a
small window to place the legal ad did just that. It now is clear that we will not be following the schedule as
advertised. Fisher and NYSDOT now need to get approval from the Federal Highway. The bottom line is we
will have to wait another 30 days.
• B. Cross states that by this time next month we should have the final bid schedule.
6
d. IAWWTF Pre-Treatment Agreement:
•Mayor Woodard states that we are ready to schedule the public hearing on the local law pertaining to the Sewer
Use Ordinance for Industrial Discharge.
•B. Cross states that part of the Plant-to-Plant Agreement is the local law that specifically addresses the restrictions
of chemicals for our industrial users to mirror the City of Ithaca's plant restrictions.
Resolution: 9481
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees hereby schedules a Public Hearing
on the local law pertaining to the sewer use ordinance for industrial discharges as part of the Plant-to-Plant
agreement between the Village of Cayuga Heights WWTP and the City of Ithaca’s IAWWTF, on September 20th,
2023 at 7:05 p.m.
Motion: Trustee Marshall
Second: Trustee Salton
Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, and Salton
Nays: none
Abstentions: none
Motion Carried
e. Retiree Healthcare Plan Change: As part of the Village Retiree Healthcare Plan changes a request to
change form must be submitted to the Greater Tompkins County Municipal Health Insurance Consortium.
• Clerk Walker states that this form allows the Village to drop the current Classic Blue Retiree Plan and
replace it with the Village Retiree PPO 10/35 Plan.
Resolution: 9482
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves Mayor
Woodard to sign the New Plan Form for the GTCMHIC as presented in Exhibit 2024-072.
Motion: Trustee Salton
Second: Trustee Rennekamp
Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, and Salton
Nays: none
Abstentions: none
Motion Carried
7. Report of the Trustees:
7
a. GTCMHIC Rates:
•Trustee Salton states that on the subject of the GTCMHIC the Board of Directors met and we will be
supporting the Consortium Design Committee recommendations to increase the Villages Gold Plan
deductible by $300/$600 Single/Family to fall in line with the actual value under the Affordable Care Act.
•Trustee Salton also states that we should expect an 8.5% premium increase for 2024.
b. Triphammer Road Tree Planting:
•Trustee Marshall states that Village Forester F. Cowett has agreed to the location and planting selection for the
North Triphammer Road meadow by Kendal.
•Trustee Marshall states that the planting should take place in late October.
8. Report of Superintendent of Public Works Cross:
a. Cayuga Heights Road Sidewalk Project Selection: The Village was awarded a grant to put sidewalks on
Cayuga Heights Road. A Village task force has been evaluating the three engineering firms ( Fisher & Associates,
Hunt EAS, and Erdman/Anthony) to engage for this project.
•B. Cross states that they hope to decide on selecting a consultant for this project at the September Board Meeting.
b. Renwick Brook Culvert Pipe Update:
•B. Cross states that we were not awarded the $1,000,000 grant for the Renwick Creek Culvert Pipe Project that
we submitted in December. He does not think it is a good idea to wait another year and apply at the risk of not
getting it.
•B. Cross states that the Cayuga Heights Road Sidewalk Project will go right over this culvert. We will have until
the end of 2024 to put a plan together and complete replacing that culvert.
c. WWTP Phase II Project:
•B. Cross states that the WWTP digesters have been cleaned out of all the old sludge and are ready for their
upgrades. After accounting for all the costs, thanks to yaws cleaning out that area we have saved almost $300,000.
This keeps the project within the bonding limits of 12.4 million dollars.
•B. Cross states that the Blue Heron who is the general contractor is scheduled to complete their work by the end
of October.
•B. Cross states that the next step is for the Environmental Facilities Corporation (EFC) to determine what our
long-term loan amount and payment will be. The Village is hoping to move our project to the next round of
financing since we are not close to finishing Phase 2.
8
d. Village Address Changes:
•B. Cross states that we had a third-round request from Mr. Timmons who lives at 126 Sunset Drive to change his
address to 156 Sunset Drive. This is all to prevent emergency response personnel or mail from being delivered to
the wrong address.
•B. Cross states that the Tompkins County 911 Dispatch Center spoke to Mr. Timmons and was able to show him
that there would not be a mix-up in addresses with his current address.
•Village Attorney R. Marcus states that it would be a good idea to have something in writing from the County 911
Dispatch Department stating those facts.
•The Village is not taking any action to make any postal address change to deviate from 126 Sunset Drive.
9. Report of Police Sergeant Manning: Submitted Report (Exhibit 2024-073)
•Police Sergeant Manning states that he has reviewed the Chief's report and can answer any questions the Board
might have.
•Trustee Salton inquires when the new patrol car might be in service.
•Police Sergeant Manning states that the vehicle is one of eighty cars at Bush Electronics waiting to get outfitted.
It will be 4-6 weeks before our vehicle gets into the lineup.
10. Report of Director of DPW Wiese: Submitted Report (Exhibit 2024-074)
• Director Wiese states that repairing water main valves has delayed the paving process for the last week. What we
have historically found within the village is the bolts that hold the valve together have deteriorated and need to be
replaced. This resolution is labor intensive but low cost. Unfortunately, the valves we are encountering have
failed in their entirety and need to be replaced. This has resulted in longer than planned work.
• Director Wiese states that the hydro-excavating company has started work in the Village. The original schedule
intended on having them work August 9th and 10th however due to the difficulty of excavation and required work
within the Village we rescheduled the August 10th date to August 16th. To date, there has been only one line that
was not copper, and that line was galvanized piping not lead.
• Director Wiese states that he intended to hire a seasonal worker to work from June to December however with a
lack of sufficient applications we decided to not proceed with hiring anyone. This has resulted in the DPW being
short-handed throughout the summer. We also intended on hiring an individual full-time on January 1st to replace
a retiring Motor Equipment Operator however with the team being shorthanded I would like to hire someone
earlier than January. I would like to open up the application process for a Laborer with a CDL. I would like this
individual to be hired by October 1st which would give the individual time to learn the village before the winter
responsibilities begin which includes leaf pick up.
9
11. Report of Clerk Walker: Submitted Report (Exhibit 2024-075)
• Clerk Walker states that a Village resident has requested relief of his water and sewer penalties for being late.
•Clerk Walker informed the Board of the conversations he had with the Village resident and explained that the
Board does not grant relief for late payments but still was interested in presenting his situation.
• Clerk Walker states that the resident has now completed the E-billing setup and should be receiving
correspondence.
•The Board took no action on this request.
•In Closing Clerk Walker states that Deputy Clerk Perkins has mailed out delinquent notices to those remaining
Village residents with outstanding tax bills.
12. Report of Attorney R. Marcus: Village Attorney R. Marcus requests an attorney-client session at 9:15 p.m.
Resolution: 9483
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves entering
into an attorney-client privilege session at 9:15 p.m.
Motion: Trustee Marshall
Second: Trustee Salton
Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, and Salton
Nays: none
Abstentions: none
Motion Carried
Resolution: 9484
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves exiting an
attorney-client privilege session at 10:20 p.m.
Motion: Trustee Marshall
Second: Trustee Salton
Ayes: Mayor Woodard; Trustees: Biloski, Hubbell, Marshall, Rennekamp, and Salton
Nays: none
Abstentions: none
Motion Carried
13. Adjournment: Mayor Woodard adjourns the meeting at 10:21 p.m.
10
EXHIBIT 2024-077
September 19, 2023
Honorable Linda Woodard
Board of Trustees
Village of Cayuga Heights
Monthly Report July 2023
It was very nice to slow down a little in August! We had a total of 39 calls for the month. We had 18 calls in the Village of
Cayuga Heights, 18 calls in the Town of Ithaca and 3 mutual aid requests. There were 24 EMS calls and 15 fire responses.
Late in the month we were requested to respond to an address on Judd Falls Road for “a bunny stuck in a 10-foot window
well”. That was the actual dispatch. We responded an engine and two chiefs to this call, mostly because we had to see it for
ourselves. We arrived to find the man taking care of the home for a friend and his distraught 3-year-old daughter. A young
rabbit had taken one hop to many and fell through the holes in the grate covering the window well to prevent inadvertent falls
into the space. We determined that the rabbit was alive, lifted the grate out of the way, put a ladder down the hole and safely
retrieved the rabbit and lifted him to ground level and released it. The child was ecstatic and the father thankful. I wrote a
short tongue in cheek release for our website and social media sites that was picked up by 14850.com and WHCU news so
for a day we were famous for our animal rescue. These are the calls that make you smile.
We picked up our training pace in August. Early in the month we did an EMS training on advanced life support assist.
Many of our basic EMTs were there to learn how to better assist on calls that require advanced life support services. In the
second week we covered hose lays. Hose lays are how the hose is packed on the truck. There is a science to packing the
hose, so it deploys correctly when pulled from the truck. Our third training of the month was on tip operation on the ladder
truck. This was the first time we trained specifically on the new attack line discharge at the tip of the ladder. On this truck
we had them put a connection for an attack line at the tip next to the master stream. This connection allows us to hook to the
tip of the ladder and deploy attack lines from that position instead of attaching at the pump panel and running the attack line
up the ladder. This deployment would be used on the roof of a large facility that does not have standpipes on the roof of the
building. The last formal training of the month was on K-12 saw operations. The K-12 is a gas-powered circular saw. This
saw is used to cut metal and concrete in technical rescue situations. These were not the only trainings that happened in
August. We have several members enrolled in an IFO class in Chemung Couty, a pump operators class Tompkins County
and we have two members who started the Paramedic Program in Elmira.
We took delivery of our new F150 Hybrid pickup truck in August, and it will be sent out for outfitting in September when
Admiraal Specialty Vehicles has free space to do the work. We are still waiting for the roof project to get started. The
material was ordered in June and the contractor is still waiting for the shingles to be delivered. He was told by Lowes that
they would be delivered in late July, but they still have not been received. All the other material for the gutter and flat roof
work are on site. He says he will start work as soon as the shingles are delivered.
Our fall recruiting drive continues. We are getting many emails expressing interest in joining the department. We have
reserved a booth at the Cornell Service Fair in September and our members are placing flyers all over campus. It seems that
all our members are excited for the fall class. There is much interest in helping with the class from everyone. This is great
for the morale of the department.
Brendan Bloodnick has moved out of the 825 Hanshaw Road to his new farm in Lodi. We will miss him as a member and
leader of this department. His service to the department and village will be greatly missed. Assistant Chief Sophie Janowsky
is planning to move into the house later in September. I will be walking through the house to see if there is anything that
11
should be done before the move in.
We are doing well at the station and look forward to a good productive fall.
Sincerely,
George Tamborelle
Fire Chief/Fire Superintendent
12
EXHIBIT 2024-078
VILLAGE OF CAYUGA HEIGHTS
TREASURER’S REPORT
SEPTEMBER 2023
Revenues and Expenses:
August month end bank-to-book reconciliation is complete and has been signed off by Deputy Treasurer
Rennekamp. The treasurers report from Williamson is attached to this report.
Income:
Our NY Class investments continue to do well with the rising interest rates. In August our accounts in NY Class
earned about 17.7k in interest. We have funds from General, Water, Sewar, and Special Grants all in the NY Class
accounts.
The bulk of our property taxes have been collected. There are 24K in property taxes outstanding as of 9/8/23.
AUD:
The Annual report due to the state is well underway. We have an extension from the OSC due to the timing of
them making the new report available to us.
Audit:
The 2022-2023 audit will be conducted in-house in mid-October. We are using the same firm as last year for both
the regular audit and the Justice Court audit. The auditors will also assist with finalizing the AUD.
Budget:
The Public Works Committee and the Finance Committee discussed the request from the Community Science
Institute to contribute $2500 per year to aid in their efforts to monitor storm water that flows in, through, and out
of the village. This was not budgeted for in the 2023-2024 fiscal year.
BE IT RESOLVED THAT: The Village of Cayuga Heights Board of Trustees authorizes and approves creation
of expense account A8140.44 (Storm Water – CSI Contribution) with a budget of $2,500 from Fund Balance.
Approval of Abstract 4:
BE IT RESOLVED THAT: the Village of Cayuga Heights Board of Trustees authorizes and approves Abstract #4
for FYE2024 consisting of:
• TA vouchers #19-26 in the amount of $14,483.34 and
• Consolidated Fund vouchers #207 - 288 in the amount of $871,060.09
and the Treasurer is instructed to make payments thereon.
Respectfully Submitted
Laura W. Dolch
Laura W. Dolch
Treasurer #1
13
14
EXHIBIT 2024-079
VILLAGE OF CAYUGA HEIGHTS
DRAFT
PROPOSED LOCAL LAW D OF THE YEAR 2023
A portion of the Village of Cayuga Heights’ sanitary sewer collection system collects sewage from the
portion of the Village referred to as the “Old Village.” The infrastructure of the Village's collection system can
enable the sewage from this portion of the Village to be diverted to the Ithaca Area Waste Water Treatment
Facility (the "Ithaca Area POTW") for pollution control treatment, rather than being combined with sewage
collected in other portions of the Village of Cayuga Heights, and in the Village of Lansing, the Town of Lansing,
the Town of Ithaca and the Town of Dryden, for treatment at the Village of Cayuga Heights Waste Water
Treatment Plant (the "Village POTW").
Because the sewage from the “Old Village” can be diverted to, and treated at, the Ithaca Area POTW, such
sewage must be subject to provisions that are no less stringent than and are as broad in scope as the uniform
pretreatment sewer use laws of the Ithaca Area POTW Owners (City of Ithaca Code Chapter 264; Town of Ithaca
Code Chapter 216; Town of Dryden Code Chapters 222 and 257). Among other things, some limits may be more
restrictive than the limits that have been approved for the process at the Village POTW.
As a result, and among other things, entities located within the Old Village that discharge sewage that
qualifies as an Industrial Discharge may be regulated through a permit issued by the Village for compliance with
both the Ithaca Area POTW and the Village POTW Industrial User limits, in accordance with this Local Law.
ARTICLE I – GENERAL PROVISIONS
1. Purpose and Applicability
A. The purposes of this law are the following:
(1) To set forth uniform requirements for contributors into the wastewater collection and
treatment system currently owned jointly by the City of Ithaca, the Town of Ithaca, and the Town of Dryden
(hereinafter collectively referred to as the “Municipalities”), and to enable the Village of Cayuga Heights
(“Village”) and Municipalities to comply with all applicable requirements under New York and federal law,
including, without limitation, the Clean Water Act of 1977, as amended, and the General Pretreatment Regulations
promulgated thereunder at 40 C.F.R. Part 403.
(2) To prevent the introduction of pollutants into the Municipalities’ publicly owned treatment
works “Ithaca Area POTW”) which will:
(a) interfere with its operations, including interference with the use or disposal of
municipal sludge;
(b) Pass Through or otherwise be incompatible with the Ithaca Area POTW;
15
(c) limit opportunities to recycle and reclaim municipal and industrial wastewaters
and sludges; or
(d) endanger the health or safety of Ithaca Area POTW workers.
(3) To prevent new sources of infiltration and inflow and, to the extent possible, eliminate
existing sources of infiltration and inflow; and
(4) To provide for equitable distribution and recovery of the cost of the municipal wastewater
system.
B. This law shall apply to all Users of the Ithaca Area POTW that are located in the Village. Such
Users must also comply with Village Code Chapter 226 (Sewers) Parts 1-3, because their wastewater discharges
are capable of flowing to either the Ithaca Area POTW or the Village of Cayuga Heights’ wastewater treatment
plant. Where provisions of this law and provisions of Chapter 226, Parts 1-3, are in conflict, the more stringent
provisions shall take precedence. For an abundance of clarity, this law shall not apply to Users located in the
Village the wastewater discharges from which are capable of flowing only to the Village of Cayuga Heights’
wastewater treatment plant.
2. Administration
Except as otherwise provided herein, the Village Board of Trustees and its representative, the Village
Engineer, shall have the authority to administer, implement, and enforce the provisions of this law. To the extent
practicable and consistent with the requirements of the General Pretreatment Regulations set forth at 40 C.F.R.
Part 403, the Village Engineer shall consult with and keep the Ithaca Area POTW, Special Joint Committee, and
officials in the City of Ithaca, Town of Ithaca, and Town of Dryden reasonably informed of implementation and
enforcement activities involving Users located in the Village.
3. Definitions and Word Usage
A. Definitions.
Unless the context specifically indicates otherwise, the following terms and phrases, as used in this law,
shall have the meanings hereinafter designated:
(1) Act. The Federal Water Pollution Control Act, also known as the Clean Water Act, as
amended, 33 U.S.C. § 1251 et seq., and the regulations promulgated thereunder, as amended from time to time.
(2) Approval Authority. The Regional Administrator of the EPA, unless and until New York
State receives EPA approval of a state pretreatment program. Once New York State receives such approval, then
the Approval Authority will be the Commissioner of the DEC.
(3) Authorized Representative. An authorized representative of an Industrial User shall be: (1)
a responsible corporate officer, if the User is a corporation, provided that the responsible corporate officer is: (a) a
16
president, vice-president, secretary, or treasurer of the corporation in charge of a principal business function, (b)
any other person who performs similar policy- or decision-making functions for the corporation, or (c) the
manager of a facility or facilities employing more than 250 persons or having gross annual sales or expenditures
exceeding $25 million (in second-quarter 1980 dollars), provided that the manager has received the authority to
sign documents in accordance with corporate procedures; (2) a general partner or proprietor, if the User is a
partnership or sole proprietorship, respectively; (3) a member of the governing board or executive office of a
governmental entity, if the User is a governmental facility, or (4) a duly authorized representative of the individual
designated above if such representative is responsible for the overall operation of the facility from which the
industrial discharge originates, or has overall responsibility for environmental matters for the company, provided,
however, that the authorization is made in writing by the individual described above, and the written authorization
is submitted to the Village Engineer.
(4) Five Day Biochemical Oxygen Demand (“BOD5”). The quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard laboratory procedure for five (5) days at 20° centigrade,
expressed in terms of weight and concentration (milligrams per liter (mg/l)).
(5) Bypass. The intentional diversion of wastestreams from any portion of an Industrial User’s
treatment facility. For the purposes of this law, the Village's intentional diversion of wastestreams from the
Village's wastewater collection system to the Ithaca Area POTW in accordance with this law shall not be deemed
to be a 40 C.F.R. § 403.17 Bypass.
(6) Categorical Pretreatment Standard. A National Pretreatment Standard which applies to a
specific industrial subcategory and is published at 40 C.F.R. Chapter I, Subchapter N.
(7) Chief Operator. The person appointed by the City of Ithaca to supervise the operation of the
Ithaca Area POTW, or his or her duly-authorized representative, including the Pretreatment Coordinator. The
Chief Operator and his or her representatives shall be the Special Joint Committee’s and municipalities’ authorized
agents and representatives.
(8) Cooling Water. The water discharged from any use, such as air conditioning, cooling, or
refrigeration, to which the only pollutant added is heat.
(9) C.F.R.. Code of Federal Regulations.
(10) DEC. The New York State Department of Environmental Conservation.
(11) Direct Discharge. The discharge of treated or untreated wastewater directly to the waters of
the State of New York or of the United States.
(12) Discharge. See Indirect Discharge.
(13) Domestic Source. Any residence, building, structure, facility, or installation from which
there is or may be discharged to the Ithaca Area POTW only sanitary sewage.
(14) EPA. The U.S. Environmental Protection Agency.
17
(15) Garbage. The solid waste from the preparation, cooking, and dispensing of food, and from
the handling, storage, and sale of produce.
(16) Indirect Discharge. The introduction of pollutants into the Ithaca Area POTW from any
source, other than a Domestic Source, regulated under section 307(b), (c), or (d) of the Act.
(17) Industrial User. A source of Indirect Discharge.
(18) Industrial Waste. Any liquid, gaseous, or solid waste substance, or a combination thereof,
resulting from any process of industry, manufacturing, trade, or business, from any process related to services or
activities performed by any public or private institution or facility, or from the development or recovery of any
natural resources.
(19) Interference. A discharge which, alone or in conjunction with a discharge or discharges
from other sources, inhibits or disrupts the Ithaca Area POTW, its treatment processes or operations, or its sludge
processes, use or disposal and which is a cause of a violation of any requirement of the Ithaca Area POTW’s
SPDES Permit (including an increase in the magnitude or duration of a violation), or of the prevention of sewage
sludge use or disposal by the Ithaca Area POTW in accordance with applicable federal, state, or local statutes and
regulations or permits issued thereunder, as set forth in 40 C.F.R. § 403.3(i).
(20) Municipalities. The City of Ithaca, Town of Ithaca, and Town of Dryden, collectively, as
well as any other municipalities which may in the future become owners of the Ithaca Area Wastewater Treatment
Facility.
(21) National Pretreatment Standard, Pretreatment Standard, or Standard. Any regulation
containing pollutant discharge limits promulgated by the EPA in accordance with sections 307(b) and (c) of the
Act which applies to Industrial Users, including prohibitive discharge limits established pursuant to 40 C.F.R. §
403.5, and Categorical Pretreatment Standards.
(22) New Source. Any building, structure, facility, or installation, as described in 40 C.F.R. §
403.3(k), from which there is or may be a Discharge of pollutants, the construction of which commenced after the
publication of proposed Pretreatment Standards under section 307(c) of the Act which will be applicable to such
source if such Standards are thereafter promulgated in accordance with that section.
(23) Pass Through. A Discharge which exits the Ithaca Area POTW into waters of New York
State or the United States in quantities or concentrations which, alone or in conjunction with a discharge or
discharges from other sources, is a cause of a violation of any requirement of the Ithaca Area POTW’s SPDES
Permit (including an increase in the magnitude or duration of a violation).
(24) Person. Any individual, partnership, firm, company, public or private corporation or
authority, association, joint-stock company, trust, estate, governmental entity, agency or political subdivision of a
municipality, of the State of New York, or of the United States, or any other legal entity, or their legal
representatives, agents, or assigns. The masculine gender shall include the feminine, and the singular shall include
the plural where indicated by the context.
18
(25) pH. The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions
expressed in grams per liter of solution.
(26) Pollutant. Any element or property of sewage, agricultural, industrial, commercial or
municipal waste, leachate, heated effluent, dredged spoil, solid waste, incinerator residue, garbage, chemical
wastes, biological materials, radioactive materials, rock, sand, and cellar dirt which is discharged into the Ithaca
Area POTW.
(27) Pretreatment. The reduction of the amount of pollutants, the elimination of pollutants, or
the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of
discharging or otherwise introducing such pollutants into the Ithaca Area POTW. The reduction or alteration can
be obtained by physical, chemical or biological processes, process changes, or other means, except as prohibited
by 40 C.F.R. § 403.6(d).
(28) Pretreatment Requirement. Any substantive or procedural requirement related to
Pretreatment, other than a National Pretreatment Standard, imposed on an Industrial User.
(29) Publicly Owned Treatment Works, Ithaca Area POTW, or Ithaca Area POTW. The
treatment works, as defined by Section 212 of the Act, owned by the Municipalities and known as the Ithaca Area
Wastewater Treatment Facility. This definition includes any devices and systems owned by the Municipalities
used in the storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid
nature. It also includes those sewers, pipes, and other conveyances owned by one or more of the Municipalities
which convey wastewater to the Ithaca Area POTW’s Treatment Plant.
(30) Ithaca Area POTW Treatment Plant. That portion of the Ithaca Area POTW designed to
provide treatment (including recycling and reclamation) of municipal sewage and industrial waste.
(31) Sanitary Sewage. Liquid and water-carried human and domestic wastes from residences,
commercial buildings, industrial plants and institutions, exclusive of ground, storm and surface water and
exclusive of industrial wastes.
(32) Sanitary Sewer. 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.
(33) Septage. Human and domestic wastes, including both liquids and solids, in and removed
from septic tanks, holding tanks, cesspools, or chemical toilets, including but not limited to those serving private
residences, commercial establishments, industries, and institutions. Septage shall contain only sanitary sewage.
(34) Sewer. A pipe or conduit that carries wastewater.
(35) Sewerage System. Any device, equipment, or works used in the transportation, pumping,
storage, treatment, recycling, and reclamation of wastewater.
19
(36) Significant Industrial User. All Industrial Users subject to Categorical Pretreatment
Standards, and any other Industrial User that discharges an average of 25,000 gallons per day or more of process
wastewater to the Ithaca Area POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater);
contributes a process wastestream which makes up 5 percent or more of the average dry weather hydraulic or
organic capacity of the Ithaca Area POTW treatment plant; or is designated as such by the Village Engineer on the
basis that the Industrial User has a reasonable potential for adversely affecting the Ithaca Area POTW’s operation
or for violating any Pretreatment Standard or Requirement. Upon a finding that an Industrial User meeting the
foregoing criteria has no reasonable potential for violating any Pretreatment Standard or Requirement or for
adversely affecting the Ithaca Area POTW’s operation, the Village Engineer may at any time, upon his or her own
initiative or in response to a petition received from an Industrial User, and in accordance with 40 C.F.R. §
403.8(f)(6), determine that such Industrial User is not a Significant Industrial User. Such a determination may not
be made, however, if the Industrial User is subject to a Categorical Pretreatment Standard.
(37) Sludge. Waste containing varying amounts of solid contaminants removed from water,
sanitary sewage, wastewater or industrial wastes by physical, chemical, or biological treatment.
(38) Slug. Any discharge of a non-routine, episodic nature, including, but not limited to, an
accidental spill or non-customary batch discharge.
(39) SPDES Permit. A State Pollutant Discharge Elimination System permit issued pursuant to
Section 402 of the Act, 33 U.S.C. § 1342, and Article 17 of the New York Environmental Conservation Law.
(40) Special Joint Committee. A committee established by the Municipalities and charged with
oversight of the Ithaca Area POTW, as provided for by agreement among the City of Ithaca and Towns of Ithaca
and Dryden. This committee currently consists of representatives from the City of Ithaca and Towns of Ithaca and
Dryden, and may in the future include representatives from other municipalities which become joint owners of the
Ithaca Area POTW.
(41) Suspended Solids. The total suspended matter that floats on the surface of, or is suspended
in, water, wastewater or other liquids, and which is removable by laboratory filtering in accordance with the
current Standard Methods.
(42) Toxic Pollutant. Any pollutant or combination of pollutants listed as toxic in regulations
promulgated by EPA under section 307(a) of the Act, or other Acts, or in regulations promulgated under New
York State law.
(43) User. Any Domestic Source or Industrial User which discharges wastewater to the Ithaca
Area POTW.
(44) Village. The Village of Cayuga Heights.
(45) Village Engineer. The Person appointed to that position by the Village Board of Trustees.
The Village Engineer shall be the Village’s authorized agent and representative in the administration and
enforcement of this law.
20
(46) Wastewater. The liquid and water-carried industrial, non-domestic or domestic wastes,
including sewage, industrial waste, other wastes, or any combination thereof, from dwellings, commercial
buildings, industrial facilities, and institutions, together with any groundwater, surface water, and storm water that
may be present, whether treated or untreated, which is discharged into the Ithaca Area POTW.
(47) Wastewater Discharge Permit or Permit. The document issued to Industrial Users by the
Village Engineer for the discharge of wastewater, as set forth in Section 15 of this law.
(48) Waters of the State. All streams, lakes, ponds, marshes, watercourses, waterways, wells,
springs, reservoirs, aquifers, irrigation systems, drainage systems, and all other bodies or accumulations of water,
surface or underground, natural or artificial, public or private, which are contained within, flow through, border
upon, or are within the jurisdiction of the State.
B. Word Usage.
“Shall” is mandatory; “may” is permissive.
ARTICLE II – REGULATION OF WASTEWATER DISCHARGES
4. General Discharge Prohibitions
A. No User may introduce into the Ithaca Area POTW any pollutant(s) which cause Pass Through or
Interference. These general prohibitions and the specific prohibitions in Section 5 of this law apply to each User
introducing pollutants into the Ithaca Area POTW whether or not the User is subject to National Pretreatment
Standards or any other national, state, or local Pretreatment Requirements.
B. An Industrial User shall have an affirmative defense in any action brought against it alleging Pass
Through or Interference where the Industrial User can demonstrate that it did not know or have reason to know
that its discharge, alone or in conjunction with discharges from other sources, would cause Pass Through or
Interference, and either (1) the Industrial User was in compliance with the Ithaca Area Wastewater Treatment
Facility local limits for each pollutant that caused Pass Through or Interference directly prior to and during the
Pass Through or Interference, or (2) if no Ithaca Area Wastewater Treatment Facility local limits for the
pollutant(s) which caused Pass Through or Interference have been developed, the Industrial User’s discharge
directly prior to and during the Pass Through or Interference did not change substantially in nature or constituents
from the User’s prior discharge activity when the Ithaca Area POTW was regularly in compliance with its SPDES
permit requirements and applicable requirements for sewage sludge use or disposal.
5. Specific Discharge Prohibitions
In addition to the provisions of Section 4 above, the following discharges to the Ithaca Area POTW by any
User are specifically prohibited:
(A) Storm and surface waters, roof runoff, and subsurface drainage. These discharges shall be
made only to such sewers as are specifically designated by the Village Engineer as storm sewers, or directly to
21
waters of the State, as may be permitted under an applicable SPDES permit. All existing discharges to the Ithaca
Area POTW of such waters shall be disconnected within one hundred and twenty (120) days of the effective date
of this law. Groundwater and noncontact cooling water may be discharged to the Ithaca Area POTW only if so
authorized by a Wastewater Discharge Permit, and only if the Chief Operator determines that sufficient hydraulic
reserve capacity exists at the Ithaca Area POTW to accommodate such discharges. Authorization for such
discharges may be revoked by the Chief Operator in his discretion at any time if he or she determines that the
Ithaca Area POTW’s reserve capacity is no longer sufficient or is needed for other potential discharges, or that
such discharge is detrimental in any way to the Ithaca Area POTW. Existing unpermitted discharges of
groundwater and noncontact cooling water shall be disconnected within one hundred and twenty (120) days of the
effective date of this law.
(B) Any liquids, solids, or gases which by reason of their nature or quantity are, or may be,
sufficient either alone or by interaction with other substances to cause a fire or explosion hazard in the Ithaca Area
POTW or be injurious in any other way to the Ithaca Area POTW, its operation, or the health or safety of the
Ithaca Area POTW’s workers. At no time shall a User discharge a wastestream with a closed cup flashpoint of
less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 C.F.R. § 261.21.
Unless specifically authorized to do so by permit, no User shall discharge any quantity of the following materials:
gasoline, kerosene, naphtha, benzene, toluene, xylene, fuel oil, ethers, ketones, aldehydes, chlorates, perchlorates,
bromates, carbides, hydrides and sulfides, dry cleaning fluids, and any other substance which the Village Engineer,
Chief Operator, DEC, or the EPA has notified the User is a fire hazard or explosive hazard to the system. The
preceding list of substances is not a comprehensive list of prohibited substances. If a substance meets the general
criteria set out in the first two sentences of this subparagraph, it is prohibited.
(C) 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 Ithaca Area POTW including, but not
limited to: grease, garbage with particles greater than one-half inch (1/2”) in any dimension, animal guts or
tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent
lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste
paper, wood, plastics, rubber, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil,
mud, or glass grinding or polishing wastes.
(D) Wastewater having a pH less than 5.5 standard units, or greater than 11.0 standard units, or
wastewater having any other corrosive or caustic property capable of causing damage or hazard to structures,
equipment, and/or personnel at the Ithaca Area POTW. Wastewater having a pH greater than 9.5 standard units,
but in no case greater than 11.0 standard units, may be discharged to the Ithaca Area POTW only if so authorized
by a Wastewater Discharge Permit, and only if the Chief Operator determines that the wastewater will not pose a
hazard to or harm the Ithaca Area POTW or treatment plant workers, will not cause Pass Through or Interference,
and will not raise the costs of operating the Ithaca Area POTW.
(E) Wastewater containing pollutants in sufficient quantity or concentration to cause the
discharge of toxic pollutants in toxic amounts from the Ithaca Area POTW into its receiving waters, or to exceed
the limitations set forth in a National Pretreatment Standard, in a Pretreatment Requirement, including the
pollutant limitations referenced herein at Section 6, or in a Wastewater Discharge Permit issued pursuant to this
law.
22
(F) Any pollutants which, either singly or by interaction with other wastes, result in the
presence of toxic gases, vapors, or fumes within the Ithaca Area POTW in a quantity that may cause Ithaca Area
POTW worker health and safety problems, or which create a public nuisance, or which create conditions sufficient
to prevent entry into the sewers or other portions of the Ithaca Area POTW for maintenance and repair.
(G) Any substance which may cause the Ithaca Area POTW’s effluent or other product of the
Ithaca Area POTW such as residues, sludges, or scums, to be unsuitable for disposal in any manner permitted by
law or for reclamation and reuse, or to interfere with the reclamation process. In no case shall a substance
discharged to the Ithaca Area POTW cause the Ithaca Area POTW to be in noncompliance with sludge use or
disposal criteria, guidelines, or regulations developed under Section 405 of the Act; or with any criteria,
guidelines, or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the
Clean Air Act, or state criteria applicable to the sludge management method being used.
(H) Any pollutants, including oxygen demanding pollutants (BOD, etc.) released in a Discharge
at a flow rate and/or pollutant concentration which will cause Interference with the Ithaca Area POTW.
(I) Any wastewater with objectionable color not removed in the treatment process, such as, but
not limited to, dye wastes and vegetable tanning solutions.
(J) Heat in amounts which will inhibit biological activity in the Ithaca Area POTW resulting in
Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds
40°C (104°F).
(K) Any wastewater containing any radioactive wastes or isotopes of such half-life or
concentration as may exceed limits necessary to comply with applicable state or federal regulations.
(L) Any sludges or deposited solids resulting from an industrial pretreatment process. Sludges
from food processing pretreatment processes may be discharged only if specifically allowed by permit.
(M) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts
that will cause Interference or Pass Through.
(N) Any trucked or hauled pollutants (septage or industrial waste), except at discharge points at
the Ithaca Area POTW as designated by the Ithaca Area POTW; such discharges must comply with the laws and
requirements enacted by the Ithaca Area POTW and Municipalities.
6. Specific Pollutant Limitations
In addition to the discharge prohibitions set forth in sections 4 and 5 above, the Ithaca Area POTW has developed
specific discharge limitations, referred to in this law as the Ithaca Area Wastewater Treatment Facility local limits,
to prevent Pass Through and Interference, to protect the safety and health of Ithaca Area POTW workers, and to
improve opportunities to recycle and reclaim municipal and industrial wastewaters and sludges. In no case shall a
User’s discharge to the Ithaca Area POTW violate the Ithaca Area Wastewater Treatment Facility local limits, as
they may be amended from time to time, and which are set forth below. Because Users’ wastewater discharges are
capable of flowing to either the Ithaca Area POTW or the Village of Cayuga Heights’ wastewater treatment plant,
23
Users must also comply with Village Code § 226-6, to the extent Village Code § 226-6 contains more stringent
limits, limits pollutants that are not listed below, or limits pollutants using a different time period over which to
measure maximum concentrations.
The following Ithaca Area Wastewater Treatment Facility local limits shall apply at each point of discharge to the
public sewerage system. In no case shall a User's discharge to the Ithaca Area POTW violate the following specific
limitations:
Maximum Concentration, 30-Day
Average
(mg/l)
Maximum Concentration, 24-Hour
Average
(mg/l)
Pollutant
Arsenic 0.6
Barium 80 240
Cadmium 2.5 7.5
Chromium, total 8 24
Chromium, hexavalent 1 3
Copper 2 6
Cyanide 0.2 0.6
Iron 180 540
Lead 20
Manganese 8 24
Mercury 1.5 4.5
Nickel 10
Silver 6 18
Zinc 20 35
Discharge Limit, Instantaneous
(ppm)
Pollutant
Oil and grease (petroleum-based) 50
7. Categorical Pretreatment Standards
Categorical Pretreatment Standards which EPA has promulgated for specific industrial subcategories are
hereby incorporated by reference. Where Categorical Pretreatment Standards are more stringent than the Ithaca
Area POTW local limits, Industrial Users in those subcategories shall comply with the more stringent Categorical
Pretreatment Standards in accordance with the compliance timetables for each Categorical Pretreatment Standard
mandated by EPA. If EPA modifies an existing Categorical Pretreatment Standard or promulgates a new
24
Categorical Pretreatment Standard for a particular industrial subcategory, and that modified or new Categorical
Pretreatment Standard contains limitations more stringent than the Ithaca Area POTW local limits, then upon its
effective date the modified or new Categorical Pretreatment Standard shall immediately supersede, for Industrial
Users in that subcategory, the Ithaca Area POTW local limits. The Village Engineer shall notify all affected
Industrial Users of the applicable requirements under the Act, as well as of all requirements imposed by subtitles C
and D of the Resource Conservation and Recovery Act.
8. Modification of Categorical Pretreatment Standards
A. Pursuant to 40 C.F.R. § 403.7, where the Ithaca Area POTW achieves consistent removal of
pollutants limited by a Categorical Pretreatment Standard, the Special Joint Committee may apply to the Approval
Authority for modification of the discharge limits for a specific pollutant covered in the relevant Categorical
Pretreatment Standard in order to reflect the Ithaca Area POTW’s ability to remove said pollutant. The Special
Joint Committee may modify pollutant discharge limits contained in a Categorical Pretreatment Standard only if
the requirements of 40 C.F.R. § 403.7 are fulfilled and prior approval from the Approval Authority is obtained.
B. Pursuant to 40 C.F.R. § 403.13, an Industrial User may apply to the Approval Authority for a
fundamentally different factors variance from an applicable Categorical Pretreatment Standard if the factors
relating to its discharge are fundamentally different from the factors considered by EPA in establishing the
Standard. Such a variance can not be granted without the approval of the Approval Authority.
9. State Requirements
Requirements and limitations on discharges set by the DEC shall apply in any case where they are more
stringent than federal requirements and limitations or Ithaca Area Wastewater Treatment Facility local limits.
10. Right of Revision
When the Municipalities revise their codes, local laws or ordinances to establish more stringent limitations
or requirements on discharges to the Ithaca Area POTW to comply with the objectives presented in Section 1(A)
of this law, the Village will revise its laws accordingly. The Village Engineer or Chief Operator also has the right
to require a specific Industrial User to comply with more stringent limitations or requirements than appear in this
or other laws if deemed necessary to comply with the objectives presented in Section 1(A) of this law. No
variances from the limitations or requirements in this or other local laws will be allowed without approval of the
Village Engineer, Chief Operator and the Approval Authority.
11. Dilution Prohibited in Absence of Treatment
Except where expressly authorized to do so by an applicable Pretreatment Standard or Pretreatment
Requirement, no Industrial User shall ever increase the use of process water or in any other way attempt to dilute a
discharge as a partial or complete substitute for adequate treatment to achieve compliance with either a
Pretreatment Standard or Pretreatment Requirement.
12. Alternative Discharge Limits
25
A. Where appropriate, the Village Engineer may impose mass limitations, concentration limitations, or
both types of limitations on an Industrial User’s discharge. Mass limitations shall not be less stringent than the
equivalent concentration-based limitations set forth in any applicable Pretreatment Standard or Pretreatment
Requirement.
B. Where wastewater from a process regulated by a Categorical Pretreatment Standard is mixed prior
to treatment with wastewaters other than those generated by the regulated process, the Village Engineer may fix
alternative discharge limits applicable to the mixed effluent. Such alternative discharge limits shall be derived by
using the combined wastestream formula as specified in 40 C.F.R. § 403.6(e).
13. Pretreatment
Each Industrial User shall provide necessary wastewater treatment as required to comply with the
requirements of this law, including all National Pretreatment Standards and Pretreatment Requirements. Any
facilities required to pretreat wastewater to a level which will achieve compliance with this law shall be provided,
operated, and maintained at the User’s expense. Detailed plans showing the pretreatment facilities and operating
procedures shall be submitted to the Village Engineer for review, and shall be acceptable to the Village Engineer
before construction of the facility. The review of such plans and operating procedures will in no way relieve the
User from the responsibility of modifying the facility as necessary to produce an effluent which complies with the
provisions of this law, including compliance with Pretreatment Standards or Pretreatment Requirements. Any
subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to
the Village Engineer prior to the User’s initiation of such changes. Bypasses are prohibited, except as allowed by
40 C.F.R. § 403.17.
14. Accidental Discharges
A. Plans and Procedures. All permitted Industrial Users, and all other Industrial Users which store or
use on-site any substance which, if discarded, would be considered hazardous waste, as that term is defined by the
Resource Conservation and Recovery Act and its regulations, shall undertake measures to prevent the accidental
discharge to the Ithaca Area POTW of prohibited materials or other substances regulated by this law. Facilities to
prevent the accidental discharge of prohibited materials and other substances shall be provided and maintained at
the Industrial User’s own expense. Detailed plans showing facilities and operating procedures to provide this
protection shall be submitted to the Village Engineer for review, and shall be approved by the Village Engineer
before construction of the facility. All existing Industrial Users required to undertake accidental discharge
prevention measures shall submit such a plan within sixty (60) days of the effective date of this law. No Industrial
User which commences discharging into the Ithaca Area POTW after the effective date of this law and required to
submit such a plan shall be permitted to introduce pollutants into the system until accidental discharge procedures
have been approved by the Village Engineer. Review and approval of such plans and operating procedures shall
not relieve the Industrial User of the responsibility to modify the User’s facility as necessary to meet the
requirements of this law.
B. Telephone Notice. In the case of an accidental discharge by any Industrial User, it is the
responsibility of the Industrial User to telephone immediately and notify both the Village Engineer and Chief
Operator of the incident. The notification shall include location of discharge, type of waste, concentration and
volume of pollutants and wastewater, and any and all corrective actions taken by the User.
26
C. Written Notice. Within five (5) days following an accidental discharge, the Industrial User shall
submit to the Village Engineer and the Chief Operator a detailed written report describing the cause of the
discharge and the measures which have been and shall be taken by the User to prevent similar future occurrences.
Such notification shall not relieve the Industrial User of any expense, loss, damage, or other liability which may be
incurred as a result of damage to the Ithaca Area POTW, fish kills, or any other damage to persons, animals,
aquatic life, property, or natural resources; nor shall such notification relieve the Industrial User of any fines, civil
penalties, or other liability which may be imposed by this law or other applicable law.
D. Notice to Employees. A notice shall be permanently posted on the Industrial User’s bulletin board
or other prominent place advising employees whom to call in the event of an accidental discharge. Employers
shall ensure that all employees who may cause or allow such a discharge to occur, or who may know or have
reason to know thereof, are advised of the emergency notification procedures.
ARTICLE III – WASTEWATER DISCHARGE PERMITS
15. Permit Required
All significant Industrial Users shall obtain and maintain current Wastewater Discharge Permits. All
Industrial Users whose discharges are of a type specifically identified in this law as requiring a Wastewater
Discharge Permit (such as, for example, a discharge with a pH greater than 9.5 standard units, or a discharge of
noncontact cooling water) shall also obtain and maintain current Permits. Existing Industrial Users which are
required to but do not have a current Wastewater Discharge Permit as of the effective date of this law shall apply
to the Village Engineer for such a Permit within thirty (30) days after the effective date of this law. Existing
Industrial Users which are not required as of the effective date of this law to obtain such a Permit, but which
thereafter become required to obtain such a Permit, shall file an application for said Wastewater Discharge Permit
with the Village Engineer within thirty (30) days of notification by the Village Engineer that the User must obtain
a Permit. All Industrial Users which are required to have such a Permit and which propose to begin discharging
wastewater to the Ithaca Area POTW after the effective date of this law shall obtain a Wastewater Discharge
Permit before commencing such a discharge. An application for said Wastewater Discharge Permit shall be filed
with the Village Engineer at least ninety (90) days prior to the proposed connection or discharge to the Facility.
The requirement to obtain said Industrial Wastewater Permits shall be in addition to the requirements to obtain
sewer connection or other permits which may be set forth in other laws.
16. Permit Application Requirements
To obtain a new Wastewater Discharge Permit, or to renew an expiring Permit, the Industrial User shall
complete and file with the Village Engineer an application in the form prescribed by the Village Engineer, and
accompanied by the appropriate fee as indicated on the application. In support of the application for a Wastewater
Discharge Permit, the Village Engineer may require the Industrial User to submit, in units and terms appropriate
for evaluation, the following information:
(A) Name, address, and location of the User (if different from the address);
27
(B) SIC number with at least three (3) digits according to the Standard Industrial Classification
Manual, Bureau of the Budget, 1972, as amended;
(C) Wastewater constituents and characteristics, including, but not limited to, the concentrations
of pollutants referenced in Section 6 of this law, as determined by a New York Department of Health-certified
analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the
EPA pursuant to Section 304(h) of the Act and contained in 40 C.F.R. Part 136, as amended, and results of said
sampling and analysis, identifying the nature and concentration of regulated pollutants contained in each regulated
discharge stream, shall be attached as Exhibits to the application;
(D) Time and duration of discharges;
(E) Average daily and maximum daily wastewater flow rates, identified separately by regulated
discharge streams, and including daily, monthly, and seasonal variations, if any;
(F) Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers,
sewer connections, and appurtenances by size, location, and elevation;
(G) Description of activities, facilities, and plant processes on the premises, including all
materials which are or could be discharged;
(H) Where known, the nature and both daily maximum and average concentrations of any
pollutants in the discharge which are limited by any applicable National Pretreatment Standards or Pretreatment
Requirements, and a statement regarding whether or not any applicable Pretreatment Requirement or Pretreatment
Standard is being met on a consistent basis and, if not, whether additional Operation and Maintenance (O&M)
and/or additional pretreatment is required for the Industrial User to meet the applicable Pretreatment Standard or
Pretreatment Requirement;
(I) If additional pretreatment and/or O&M will be required to meet the above-described
Pretreatment Standards or Pretreatment Requirements, the shortest schedule by which the Industrial User will
provide such additional pretreatment or O&M, which shall not be later than the compliance date established for the
applicable Pretreatment Standard or Pretreatment Requirement;
The following conditions shall apply to this schedule:
1. The schedule shall contain increments of progress in the form of dates for the
commencement and completion of major events leading to the construction and operation of
additional pretreatment required for the Industrial User to meet the applicable Pretreatment
Standard or Pretreatment Requirement (e.g., hiring an engineer, completing preliminary plans,
completing final plans, executing contract for major components, commencing construction,
completing construction, attaining and maintaining compliance, etc.).
2. No increment referred to in Paragraph 1 shall exceed nine (9) months.
28
3. Not later than fourteen (14) days following each date in the schedule and the final date
for compliance, the Industrial User shall submit a progress report to the Village Engineer including,
at a minimum, whether or not it complied with the increment of progress to be met on such date
and, if not, the date on which it expects to comply with this increment of progress, the reason for
delay, and the steps being taken by the Industrial User to return the construction to the schedule
established. In no event shall more than nine (9) months elapse between such progress reports to
the Village Engineer.
(J) Each product produced by the User, if any, by type, amount, process or processes and rate
of production;
(K) Type and amount of raw materials processed by the User (average and maximum per day);
(L) Number and type of User’s employees, User’s hours of operation and proposed or actual
hours of operation of pretreatment system;
(M) Completed New York State Industrial Chemical Survey;
(N) Name, title, and telephone number of the Authorized Representative of the Industrial User;
(O) A list of any environmental control permits held by or for the User;
(P) Any other information as may be deemed by the Village Engineer to be necessary to
evaluate the permit application.
The Village Engineer shall evaluate the data furnished by the Industrial User and may require additional
information. After evaluation and acceptance of the data furnished, the Village Engineer may issue a Wastewater
Discharge Permit subject to terms and conditions provided herein.
17. Permit Conditions
Wastewater Discharge Permits shall be expressly subject to all provisions of this law and all other
applicable laws and regulations established by the Village. In addition, Wastewater Discharge Permits may
contain the following:
(A) The unit charge or schedule of User charges and fees for the wastewater to be
discharged to the Ithaca Area POTW;
(B) Limits on average and maximum wastewater constituents and characteristics,
based on applicable National Pretreatment Standards and Pretreatment Requirements.
(C) Limits on average and maximum rate and time of discharge, and requirements
for flow measurement, regulation, and equalization;
29
(D) Requirements for installation and maintenance of pretreatment facilities and of
inspection and sampling facilities;
(E) Specifications for monitoring programs which may include specification of
pollutants to be monitored, sampling locations, frequency of sampling, number, types and standards
for tests and reporting schedules;
(F) Compliance schedules for the installation of pretreatment equipment and
performance of O&M (but in no event may a compliance deadline in a Permit be later than a
National Pretreatment Standard compliance deadline);
(G) Requirements for submission of reports, including technical reports and
discharge reports;
(H) Requirements for maintenance and retention of records relating to wastewater
discharges and pretreatment equipment operation and maintenance records for a minimum of three
(3) years, and affording the Village Engineer and Chief Operator access thereto for inspection and
copying;
(I) Requirements for advance notification to the Village Engineer of any change in
operations, and for advance approval by the Village Engineer of any new introduction of
wastewater constituents or any substantial change in the volume or character of the wastewater
constituents being introduced into the wastewater disposal system;
(J) Requirements for immediate notification to the Village Engineer and Chief
Operator of all discharges that could cause problems to the Ithaca Area POTW, including any slug
discharges and any other accidental discharges;
(K) A statement of the Village Engineer’s and Chief Operator’s right to enter
Industrial Users’ premises and inspect their facilities and operations;
(L) A statement of Permit duration in accordance with § 19 hereof, and in no case
more than five (5) years;
(M) A statement of Permit transferability in accordance with § 20 hereof;
(N) A statement of applicable civil and criminal penalties for violation of
Pretreatment Standards and Pretreatment Requirements, and of any applicable compliance
schedule;
(O) A statement that the Industrial User's wastewater discharges at times will flow
to the Ithaca Area POTW, a description of the notifications the Industrial User must submit to the
Ithaca Area POTW as required by this law, and a statement that the Chief Operator, Ithaca Area
POTW and Municipalities have certain inspection, sampling and enforcement rights pursuant to this
law.
30
(P) Other conditions as deemed appropriate by the Village Engineer to ensure
compliance with this law and the Act.
18. Permit Modifications
Wastewater Discharge Permits may be modified by the Village Engineer upon thirty (30) days notice to the
permittee. Modifications may be made for the following, or other similar, reasons:
A. Promulgation of or changes to a Pretreatment Standard or Pretreatment Requirement;
B. Changes in processes used by the permittee, or changes in discharge volume or character;
C. Changes in design or capability of any part of the Ithaca Area POTW;
D. Changes to the Ithaca Area POTW’s SPDES permit; and
E. Discovery that the permitted discharge causes or contributes to Pass Through or Interference at the
Ithaca Area POTW or poses a risk to Ithaca Area POTW worker health or safety.
Any modifications or amendments to the Wastewater Discharge Permit which include more stringent
limitations than those contained in the prior Permit may include a reasonable time schedule for compliance
therewith, but no compliance deadline therein shall be later than the deadline for compliance with an applicable
Categorical Pretreatment Standard.
19. Duration of Permits
Wastewater Discharge Permits shall be issued for a specified time period not to exceed five (5) years. A
Wastewater Discharge Permit may be issued for a period less than a year or may be stated to expire on a specific
date. An Industrial User shall apply for Wastewater Discharge Permit reissuance, on a form prescribed by the
Village Engineer, at least one hundred eighty (180) days prior to the expiration of the User’s existing Permit. If a
timely and complete application is made for Permit reissuance, and the Permit is not reissued before the existing
Permit expires, then the terms of the User’s existing Permit shall remain in effect after its expiration date until the
Permit is reissued.
20. Permit Transfer
Wastewater Discharge Permits are issued to a specific Industrial User for a specific operation. A
Wastewater Discharge Permit shall not be reassigned, transferred, or sold to a new owner, new User, or be
applicable to different premises or to a new or changed operation without the approval of the Village Engineer,
which must be obtained in writing at least thirty (30) days in advance of the proposed transfer date. No such
approval shall be granted absent submission to the Village Engineer of a written agreement between the existing
and proposed new permittee which sets forth the date for and terms of the transfer of the Wastewater Discharge
Permit and all responsibilities, obligations, and liabilities thereunder. Any succeeding owner or User shall comply
31
with the terms and conditions of the existing Wastewater Discharge Permit and all of the terms and requirements
of this law.
21. Permit Decisions
A. The Village Engineer shall provide the Chief Operator and all interested persons with notice of
decisions concerning the issuance, modification, or transfer of Wastewater Discharge Permits. Any person,
including the Industrial User to whom the Wastewater Discharge Permit was issued, may petition the Village
Board of Trustees for review of the Wastewater Discharge Permit issuance, modification, or transfer decision
within twenty (20) days of the date on which the decision was issued. Failure to submit a timely petition for
review shall be deemed to be a waiver of Wastewater Discharge Permit review, and the Village Engineer’s
decision shall become final.
B. A petition for review must set forth the Wastewater Discharge Permit provisions or decision
objected to, the reasons for the objection, and the alternative provisions, if any, which the petitioner seeks to have
included in the Wastewater Discharge Permit.
C. The effectiveness of a Wastewater Discharge Permit shall not be stayed pending the Village
Board’s review of the petition. The Village Board’s decision concerning the petition for review shall be a final
administrative action.
ARTICLE IV – REPORTING REQUIREMENTS,
MONITORING, AND INSPECTIONS
22. Reporting Requirements
All Industrial Users must submit the reports required by 40 C.F.R. Part 403 and any other reports required
by the Village Engineer. The Village Engineer shall specify the content of such reports to the Industrial Users.
These reports include the following:
A. Baseline monitoring reports, to be submitted by existing Industrial Users subject to Categorical
Pretreatment Standards within one hundred eighty (180) days after the effective date of the Categorical
Pretreatment Standard. These reports are to be submitted by New Sources and sources that become Industrial
Users after the promulgation of an applicable Categorical Pretreatment Standard, at least ninety (90) days prior to
commencement of discharge. These reports shall contain the information required in 40 C.F.R. § 403.12(b),
including a statement whether Pretreatment Standards are being met on a consistent basis, and, if not, whether
additional O&M and/or additional pretreatment is required for the Industrial User to meet the Pretreatment
Standards and Requirements. This statement shall be reviewed by an Authorized Representative of the Industrial
User and certified to by a qualified professional.
B. Report on compliance with Categorical Pretreatment Standards, to be submitted by existing sources
within ninety (90) days following the date for final compliance with an applicable Categorical Pretreatment
Standard, or in the case of a New Source, following commencement of the introduction of wastewater into the
Ithaca Area POTW. This report shall contain the information required in 40 C.F.R. § 403.12(d), including the
32
nature and concentration of all pollutants in the discharge from each regulated process, and the average and
maximum daily flow for these process streams. This report further shall state whether Pretreatment Standards are
being met on a consistent basis, and, if not, whether additional O&M and/or additional pretreatment is required for
the Industrial User to meet the Pretreatment Standards and Requirements. This statement shall be reviewed by an
Authorized Representative of the Industrial User and certified to by a qualified professional.
C. Periodic reports on continued compliance, to be submitted by all permitted Industrial Users subject
to Pretreatment Standards or Pretreatment Requirements after the compliance date of such Standard or
Pretreatment Requirement, or, in the case of a New Source, after commencement of the discharge into the Ithaca
Area POTW. All such Industrial Users shall submit such reports to the Village Engineer during the months of
June and December, unless required more frequently or at different times in the Pretreatment Standard,
Pretreatment Requirement, or by the Wastewater Discharge Permit. All Industrial Users must include in such
reports all sampling results for pollutants limited by a Pretreatment Standard, Pretreatment Requirement, or
Wastewater Discharge Permit, if the sampling and analyses were performed in accordance with § 24 of this law,
even if the sampling was performed more frequently than required by the Pretreatment Standard, Pretreatment
Requirement, or Wastewater Discharge Permit. In addition, such reports shall include a record of measured or
estimated average and maximum daily flows for the reporting period.
D. Compliance Schedule Reports, to be submitted by all Industrial Users required to submit
compliance schedules or who have compliance schedules imposed on them by the Village Engineer.
E. Notification in advance of any substantial change in the volume or character of pollutants in an
Industrial User’s discharge, including the listed or characteristic hazardous wastes for which the Industrial User
has submitted initial notification pursuant to § 22(K) of this law, to be submitted by all Industrial Users. No
Industrial User shall introduce new wastewater constituents or substantially change the volume or character of its
wastewater constituents without such advance notification and advance written approval of the Village Engineer.
F. Notification of change in production level, to be submitted by Industrial Users operating under a
permit incorporating equivalent mass or concentration limits calculated from a production based standard. These
notifications shall be submitted to the Village Engineer within two (2) business days after the Industrial User has a
reasonable basis to know that the production level will significantly change within the next calendar month.
G. Notification of discharges that could cause potential problems to the Ithaca Area POTW, including
slug loadings and accidental discharges, to be submitted by all Industrial Users to the Village Engineer and Ithaca
Area POTW immediately when the slug loading or discharge containing the potential problem occurs. If the
immediate notification is oral, a written notice specifying the nature and cause of the discharge, and steps taken to
eliminate the cause, must be submitted to the Village Engineer and Ithaca Area POTW within five (5) days.
H. Notification of violation, as described in § 24 below.
I. Upset notifications, to be submitted by Industrial Users subject to Categorical Pretreatment
Standards. Such an Industrial User may avail itself of the upset provisions of 40 C.F.R. § 403.16 only where there
is an exceptional incident in which there is unintentional and temporary noncompliance with the Categorical
Pretreatment Standard because of factors beyond the reasonable control of the Industrial User. The upset
notification must be submitted to the Village Engineer within twenty-four (24) hours of the Industrial User’s
33
becoming aware of the upset (if this information is provided orally, a written submission must be provided within
five (5) days), and the Industrial User must comply with all requirements of 40 C.F.R. § 403.16.
J. Bypass notification, to be provided by all Industrial Users in advance of the Bypass, if possible, or
within twenty-four (24) hours from the time the Industrial User becomes aware of the Bypass, if the Bypass is
unanticipated. The Industrial User must further comply with all of the requirements regarding Bypass set forth in
40 C.F.R. § 403.17.
K. Notification of hazardous waste discharge:
(i) (a) All Industrial Users shall notify the Village Engineer, Ithaca Area POTW, the EPA
Regional Waste Management Division Director, and the Director of DEC’s Division of Hazardous Substance
Regulation in writing of any discharge into the Ithaca Area POTW of a substance which, if otherwise disposed of,
would be a hazardous waste under 40 C.F.R. Part 261. Such notification shall include the name of the hazardous
waste as set forth in 40 C.F.R. Part 261, the EPA hazardous waste number, and the type of discharge (continuous,
batch, or other). If the Industrial User discharges more than 100 kilograms of such waste per calendar month to
the Ithaca Area POTW, the notification shall also contain the following information to the extent such information
is known and readily available to the Industrial User: an identification of the hazardous constituents contained in
the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharged during
that calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged
during the following twelve months.
(b) All existing Industrial Users shall have filed such notifications by February 19, 1991. All
Industrial Users who commence discharging after August 23, 1990, shall file the notification no later than one
hundred eighty (180) days after the discharge of the listed or characteristic hazardous waste. Any notification
under this section need be submitted only once for each hazardous waste discharged. However, all Industrial
Users must notify the Village Engineer in advance, in accordance with § 22(E) of this law, of any change in their
wastewater discharges. The notification requirement set forth herein does not apply to any pollutants already
reported under the self-monitoring requirements set forth in Sections 22(A), (B), and (C) above.
(ii) Industrial Users are exempt from the requirements of Section 22(K)(i) during a calendar month
in which they discharge no more than fifteen (15) kilograms of hazardous wastes, unless the wastes are acute
hazardous wastes as specified in 40 C.F.R. § 261.30(d) and 261.33(e). Discharge of more than fifteen (15)
kilograms of non-acute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as
specified in 40 C.F.R. § 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during
which the Industrial User discharges more than such quantities of any hazardous waste do not require additional
notification.
(iii) In the case of any new regulations under Section 3001 of the Resource Conservation and
Recovery Act identifying additional characteristics of hazardous waste or listing any additional substance as a
hazardous waste, the Industrial User must notify the Village Engineer, Chief Operator, the EPA Regional Waste
Management Waste Division Director, and the Director of DEC’s Division of Hazardous Substance Regulation of
the Discharge of such substance within ninety (90) days of the effective date of such regulations.
34
(iv) In the case of any notification made under this Section, the Industrial User shall certify that it
has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has
determined to be economically practical.
23. Signatory Requirements
All reports required to be submitted to the Village Engineer shall include the following certification
statement:
“I certify under penalty of law that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate
the information submitted. Based on my inquiry of the person or persons who manage the system, or those
persons directly responsible for gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting
false information, including the possibility of fine and imprisonment for knowing violations.”
This certification statement shall be signed by an Authorized Representative of the Industrial User.
24. Monitoring and Analysis
A. If the Industrial User’s sampling indicates a violation, the User shall notify the Village Engineer
within twenty-four (24) hours of becoming aware of such violation. The User shall also repeat the sampling and
analysis and submit the results of the repeat analysis to the Village Engineer within thirty (30) days after becoming
aware of the violation. The Industrial User is not required to resample, however, if the Village Engineer performs
sampling at the Industrial User’s facility at a frequency of at least once per month, or if the Village Engineer
performs sampling at the Industrial User’s facility between the time when the Industrial User performs its initial
sampling and the time when said User receives the results of the sampling.
B. The frequency and location of monitoring shall be prescribed in the Wastewater Discharge Permit
and shall not be less frequent than prescribed in Section 22(C). At the discretion of the Village Engineer, the
required monitoring and analysis may be performed by the Village Engineer in lieu of the Industrial User, in which
event the Industrial User is not required to submit the report or compliance certification required therein.
C. All analyses shall be performed in accordance with procedures established by the EPA pursuant to
section 304(h) of the Act and contained in 40 C.F.R. Part 136 and amendments thereto, or with any other test
procedures approved by the EPA. Sampling shall be performed in accordance with the techniques approved by the
EPA and shall be performed in such a manner and at such a time that the resulting analytical data is representative
of conditions occurring during the reporting period. Samples of the Industrial User’s wastewater discharges shall
be collected at each point of discharge to the public sewerage system. Where 40 C.F.R. Part 136 does not include
sampling or analytical techniques for the pollutants in question, or where the EPA determines that the Part 136
sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be
performed using validated analytical methods or any other sampling and analytical procedures, including
procedures suggested by the Village Engineer or other parties, approved by the EPA.
25. Recordkeeping Requirements
35
A. All Industrial Users shall maintain records of all information resulting from any monitoring
activities of wastewater discharges. Such records shall include for all samples:
(i) The date, exact place, method, and time of sampling and the names of the person or persons
taking the samples;
(ii) The dates analyses were performed;
(iii) Who performed the analyses;
(iv) The analytical techniques/methods used; and
(v) The results of such analyses.
All Industrial Users shall also maintain records regarding pretreatment equipment operation and
maintenance.
B. All Industrial Users shall keep copies of all such records and reports of operation and maintenance,
and monitoring activities and results, for a minimum of three (3) years. The records and reports of monitoring
activities and results shall be maintained regardless of whether such monitoring activities are required by this law
or the Act. Each Industrial User shall make all records required to be maintained available for inspection and
copying by EPA, DEC, the Chief Operator, and the Village Engineer. This period of retention shall be extended
during the course of any unresolved litigation regarding the discharge of pollutants by the Industrial User or Ithaca
Area POTW, or when requested by EPA, DEC, the Chief Operator, or the Village Engineer.
26. Monitoring Facilities
The Village Engineer may require any Industrial User to provide, operate and maintain, at the Industrial
User’s own expense, sampling, monitoring and/or metering facilities at the point or points in the facility selected
by the Village Engineer to allow inspection, sampling, and flow measurement of discharges to the sewerage
system and/or internal piping systems. Sampling and monitoring facilities may be located as approved by the
Village Engineer to allow direct access by Village or Ithaca Area POTW personnel without the necessity of notice
to the Industrial User. There shall be ample room in or near such sampling manhole or facility to allow accurate
sampling and preparation of samples for analysis. The sampling and monitoring facilities shall be provided in
accordance with the Village Engineer’s requirements and all applicable local construction standards and
specifications. Construction shall be completed within ninety (90) days following written notification to the
Industrial User by the Village Engineer that such facilities must be built.
27. Inspection and Sampling
A. The Village Engineer may inspect the facilities of any Industrial User to ascertain whether the
purposes and requirements of this law and the Act are being met. The Chief Operator may attend all inspections of
Users. In addition, the Chief Operator may, as it deems necessary and with notice to the Village Engineer, conduct
inspections and sampling at any Industrial User's facility. Persons or occupants of premises where wastewater is
36
created or discharged, or where records pertaining to such discharges are kept, shall allow Village and Ithaca Area
POTW representatives ready access at all times to all parts of the premises for the purposes of inspection,
sampling, records examination and copying, or the performance of any of their other duties. The Chief Operator,
Village Engineer, EPA, and DEC shall have the right to set up without notice on the User’s property such devices
as are necessary to conduct sampling, inspection, compliance monitoring, metering operations, and records
copying. Where a User has security measures in force which would require proper identification and clearance
before entry into its premises, the User shall make necessary arrangements with its security guards so that upon
presentation of suitable identification, personnel from the Village, Ithaca Area POTW, EPA, and DEC, or their
designated agents, will be permitted to enter, without delay, for the purposes of performing their specific
responsibilities.
B. Where so requested in advance by an Industrial User, and when taking a sample of industrial
wastewater, the Village or Ithaca Area POTW representative shall gather sufficient volume of sample when
practicable so that the sample can be split into two equal volumes. One of the volumes shall be given to the
Industrial User, and the other shall be retained by the Village or Ithaca Area POTW representative for analysis.
37
28. Slug Control Plans
At least once every two years, the Village Engineer shall evaluate whether each Significant Industrial User
needs a plan to control slug discharges. The Significant Industrial User shall comply with the provisions of any
such slug control plan which the Village Engineer determines to be necessary, including, but not limited to:
(A) A description of discharge practices, including non-routine batch discharges;
(B) A description of stored chemicals;
(C) Procedures for immediately notifying the Village and Ithaca Area POTW of slug discharges,
including any discharge that would violate a prohibition under 40 C.F.R. § 403.5(b), with procedures for follow-up
written notification within five (5) days; and
(D) If necessary, procedures to prevent adverse impact from accidental spills, including those
procedures set forth in 40 C.F.R. § 403.8(f)(2)(v)(D).
29. Confidential Information
A. In accordance with 40 C.F.R. § 403.14, any information and data concerning a User which is
contained in or obtained from reports, questionnaires, Permit applications, Permits, monitoring programs, and
inspections shall be available to the public and governmental agencies without restriction, unless the User
specifically claims, and is able to demonstrate to the satisfaction of the public official with custody of the records,
that the release of such information would divulge information, processes or methods of production entitled to
protection as trade secrets of the User. Any such claim of confidentiality must be asserted at the time of
submission in the manner prescribed on the application form or instructions or by stamping or writing the words
“CONFIDENTIAL BUSINESS INFORMATION” on each page containing such information. If no claim is
made, such public official may make the information available to the public without further notice.
B. Notwithstanding any claim of confidentiality, any information and data provided to the Chief
Operator and/or Village Engineer which is effluent data, as defined at 40 C.F.R. § 2.302 (including, but not limited
to, wastewater constituents and characteristics), shall be available to the public without restriction. All other
information and data shall be available to the public at least to the extent provided by 40 C.F.R. § 2.302. All
information and data collected and maintained by the Village regarding Users located in the Village shall be made
available without limitation to the Chief Operator and Municipalities.
C. Information determined by the public official with custody of the records to be confidential shall
not be made available for inspection by the public, except as provided by 40 C.F.R. § 2.302, but shall be made
available upon written request to governmental agencies for uses related to this law and the Ithaca Area POTW’s
SPDES Permit. Information determined to be confidential shall be available for use by the State or any state
agency, the Village, Municipalities, the Special Joint Committee, the Ithaca Area POTW, and/or or by the United
States or EPA in criminal or civil judicial or administrative enforcement proceedings involving the User.
ARTICLE V – ENFORCEMENT
38
30. Imminent Endangerment
The Village Engineer may immediately halt or prevent any discharge of pollutants which reasonably
appears to present an imminent endangerment to the health or welfare of persons. In the event that the Village
Engineer determines that a discharge of pollutants reasonably appears to present an imminent endangerment to the
health or welfare of persons, the Village Engineer shall provide informal (oral or written) notice of said
determination to the User. Said User shall immediately stop or eliminate such discharge and shall submit written
proof of the elimination of the discharge to the Village Engineer within forty-eight (48) hours of receipt of notice
of the Village Engineer’s determination. If said User fails voluntarily and immediately to halt such a discharge,
the Village Engineer shall take such actions as he or she deems necessary to prevent or minimize endangerment to
the health or welfare of persons. Such actions include, but are not limited to, seeking ex parte temporary
injunctive relief, entry on private property to halt such discharge, blockage of a public sewer to halt such
discharge, severance of the sewer connection, suspension of wastewater disposal service, suspension or revocation
of a Wastewater Discharge Permit, and institution of a legal or special proceeding. After such discharge has been
halted, the Village Engineer may take such other and further actions provided under this Section as may be
necessary to ensure elimination of said discharge and compliance with the terms of this law and Wastewater
Discharge Permits issued hereunder. If the User provides satisfactory written proof that it has eliminated the cause
of the conditions creating the imminent endangerment, the Village Engineer may reinstate the Permit, restore the
sewer connection and wastewater disposal service, and perform other activities to allow the User to commence
discharging again.
31. Other Harmful Discharges
The Village Engineer may also halt or prevent any discharge of pollutants which:
(A) Presents or may present an endangerment to the environment;
(B) Threatens to interfere with the operation of the Ithaca Area POTW;
(C) Threatens to Pass Through the Ithaca Area POTW; or
(D) Threatens to cause sludge contamination.
In the event of such a discharge, the Village Engineer must deliver a written notice to the User describing
the problems posed by the discharge and offering the User an opportunity to respond. If the User does not respond
in writing to the Village Engineer within twenty-four (24) hours after delivery of such written notice, then the
Village Engineer may undertake such actions, including those described in Section 30, as he or she deems
necessary to prevent or minimize the effects of such a discharge. If the Industrial User does respond in writing
within twenty-four (24) hours, then no immediate suspension of service or of a Wastewater Discharge Permit shall
occur, unless the Village Engineer reasonably believes that the User’s discharge continues to present or may
present an endangerment to the environment or threatens to cause Interference or Pass Through at the Ithaca Area
POTW. If the User thereafter provides satisfactory written proof that it has eliminated the cause of the conditions
creating the harmful discharge, then the Village Engineer may perform activities to allow the User to commence
discharging again.
32. Emergency Action by Municipalities
39
In addition to the provisions of Sections 30 and 31 above, the Municipalities or their designees may take
emergency action, whenever they deem necessary, to stop or prevent any discharge to the Ithaca Area POTW
which presents, or may present, an imminent danger to the health or welfare of humans, which reasonably appears
to threaten the environment, or which threatens to cause Interference, Pass Through, or sludge contamination at the
Ithaca Area POTW. For emergency actions involving a wastewater discharge capable of flowing to the Ithaca Area
POTW, the Municipalities will notify the User (if applicable and known) and the Village of Cayuga Heights
Assistant Director of Public Works. In the event that the Municipalities are not able to reach the Village's
Assistant Director of Public Works, then the Municipalities will notify the Village of Cayuga Heights Police
Department 24-hour emergency response number for immediate corrective action. The Village shall then
immediately take the necessary steps to control the emergency and report the corrective efforts back to the
Municipalities within two hours of receiving notification of the emergency. In the event that the Village is unable
immediately to perform the work or will not be performing the work immediately for any other reason, the Village
authorizes the Municipalities to undertake the emergency action.
33. Publication of List of Violators
The Village Board of Trustees shall annually publish in the largest local daily newspaper a list of the
Industrial Users which, at any time during the previous twelve (12) months, were in significant noncompliance
with applicable Pretreatment Standards or Pretreatment Requirements. For purposes of this provision, an
Industrial User is in significant noncompliance if its violation meets one or more of the criteria set forth at 40
C.F.R. § 403.8(f)(2)(vii).
34. Compliance Orders
The Village Engineer may issue compliance orders to Industrial Users not complying with any
Pretreatment Standards, Pretreatment Requirements, Wastewater Discharge Permits, or any other provisions of this
law or the Act. Such orders may, among other things, direct said Industrial User to:
(A) Comply immediately with Pretreatment Standards, Pretreatment Requirements, Wastewater
Discharge Permit provisions, this law, or the Act;
(B) Comply with Pretreatment Standards, Pretreatment Requirements, Wastewater Discharge
Permit provisions, this law, or the Act in accordance with a time schedule set forth by the Village Engineer;
(C) Increase the frequency of sampling and analysis of the Industrial User’s wastewater; and/or
(D) Undertake appropriate remedial or preventive action to prevent the possibility of violations
in the future.
The issuance of or compliance with an order under this Section shall not relieve the Industrial User of
liability for violations which occur before the order is issued or while the order is effective.
35. Suspension and Revocation of Permit
40
A. This Section shall govern the ability of the Village to suspend or revoke any Wastewater Discharge
Permit to any Industrial User in all situations except those described in Sections 30 and 31 of this law regarding
discharges which present imminent endangerment or which constitute harmful discharges. In all other situations,
the Village may suspend or revoke a Wastewater Discharge Permit if it determines that a violation of any
provision of the Permit, the Act, or this law exists. Violations which may lead to such suspension or revocation
include, but are not limited to, the following:
(i) Failure of an Industrial User to accurately or timely submit the information required in any
report;
(ii) Failure of an Industrial User to allow access to its premises for the purposes of inspection,
monitoring, sampling, or records examination or copying by the Village, Municipalities, Ithaca Area POTW, EPA,
DEC, the United States, or the State;
(iii) Failure of an Industrial User to report significant changes in its operations or the
constituents, characteristics, or volume of its wastewater; or
(iv) Violation of conditions of the Industrial User’s permit.
B. Before the Village may suspend or revoke an Industrial Wastewater Permit, it must give the
Industrial User a hearing in accordance with the procedures set forth at Section 37 below. The final decision as to
whether to suspend or revoke a Permit shall then be made by the Village Board of Trustees and shall be a final
administrative action.
36. Notice of Violation
A. Whenever the Village Engineer determines that any Industrial User has violated or is violating any
Pretreatment Standard, Pretreatment Requirement, its Wastewater Discharge Permit, or any other provision of the
Act or this law, he or she may serve upon such User, either personally or by certified mail, return receipt
requested, a written Notice of Violation stating the nature of the violation. The Village Engineer may include with
the Notice of Violation a Compliance Order directing the User to take specified actions to correct the violations.
The Village Engineer may also include with the Notice of Violation an Order to Show Cause before the Village
Board of Trustees as to why the User’s Wastewater Discharge Permit should not be suspended or revoked, or why
civil administrative penalties should not be assessed by the Village against the Industrial User for said violations.
Any such Show Cause hearing shall be conducted in accordance with the provisions of § 37 of this law.
B. Within thirty (30) days of the date of the Notice, the User shall submit to the Village Engineer a
written explanation of the reasons for the violations and a plan for the satisfactory correction thereof consistent
with any Compliance Order which the Village Engineer may issue.
C. Neither the issuance of a Notice of Violation, nor the submittal of or compliance with a plan of
correction or Compliance Order, shall relieve the Industrial User of any liability for violations of any Pretreatment
Standards, Pretreatment Requirements, Wastewater Discharge Permit, the Act, or this law, nor is the issuance of
such a written notice required before the Village may take any other type of enforcement action against the
Industrial User.
41
37. Show Cause Hearing
A. Notice Requirements. A notice from the Village Engineer shall be served on the User specifying
the time and place of a hearing to be held by the Village Board of Trustees regarding the violation, the proposed
action to be taken, the reasons why the action is proposed, and directing the person to show cause before the
Village why the proposed action should not be taken. The notice of the hearing shall be served personally or by
certified mail, return receipt requested, at least ten (10) days before the hearing. Service must be made on an
Authorized Representative of the Industrial User.
B. Conduct of the Hearing. The Village Board of Trustees shall conduct the hearing and take the
evidence, or may designate any of its Village Board members or the Village Engineer to:
(i) Issue in the name of the Village Board of Trustees notices of hearings requesting the attendance
and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings;
(ii) Take evidence;
(iii) Transmit a report of the evidence and hearing, including transcripts and other evidence,
together with recommendations to the Village Board of Trustees for action thereon; and
(iv) Take any further necessary action as permitted by this law or applicable contracts or
agreements.
C. Testimony Recorded Under Oath. At any hearing held pursuant to this law, testimony taken must
be under oath and recorded, either stenographically or by voice recording. The transcript, so recorded, will be
made available to any member of the public or any party to the hearing upon payment of the usual charges
therefor.
D. Orders. After the Village Board of Trustees has reviewed the evidence, it may issue an order
suspending or revoking an Industrial Wastewater Discharge Permit, or assessing civil administrative penalties, and
the timing for their payment to the Village, against the Industrial User. The issuance of such an Order shall be a
final administrative action.
E. Settlement. At any time after notice of the Show Cause hearing has been served and before the
Village Board of Trustees has issued its order regarding permit suspension or revocation or penalty assessment, the
Village may enter into a Settlement Agreement with the Industrial User to resolve the issues raised by the Order to
Show Cause.
38. Legal Action
If any person violates the provisions of this law, the Act, any applicable Pretreatment Standards or
Pretreatment Requirements, the conditions and requirements of any Wastewater Discharge Permit issued
hereunder, or any order of the Village Engineer or Village Board of Trustees, counsel for the Village may
commence an action for appropriate legal and/or equitable relief, including, but not limited to, injunctive relief,
42
penalties, and fines, in either state or federal court. The Village, Municipalities, Special Joint Committee, or
Ithaca Area POTW may also ask appropriate officials at the local, state, or federal levels to investigate and bring a
criminal action against any Industrial User or person associated with an Industrial User believed to have violated
the criminal provisions of this law, the Act, or any other law.
39. Enforcement by Municipalities
In the event the Village fails to adequately implement this law or fails to take adequate enforcement action
against noncompliant Users on a timely basis, the Municipalities or their designees may take such action on behalf
of and as agent for the Village, pursuant to the procedures described in this law. The Village shall remit any
penalties, costs and all other sums collected from such Users in connection with such enforcement action to the
Municipalities.
ARTICLE VI – PENALTIES AND COSTS
40. Civil Penalties
A. Any person who violates an Order of the Village Engineer or Village Board of Trustees, or fails to
comply with any provisions of this law, the Act, Pretreatment Standards or Pretreatment Requirements, or
Wastewater Discharge Permits issued hereunder, may be assessed by the Village a civil administrative penalty not
to exceed Two Thousand Five Hundred Dollars ($2,500.00) per day for each violation. Each day on which a
violation shall occur or continue shall be deemed a separate and distinct offense.
B. Any person who violates an Order of the Village Engineer or Village Board of Trustees, or fails to
comply with any provisions of this law, the Act, Pretreatment Standards or Pretreatment Requirements, or
Wastewater Discharge Permits issued hereunder, may be assessed a civil judicial penalty not to exceed Five
Thousand Dollars ($5,000.00) per day for each violation. Each day on which a violation shall occur or continue
shall be deemed a separate and distinct offense.
C. All civil administrative or civil judicial penalties recovered hereunder shall be paid to Village.
After reimbursing itself for the expenses of prosecution, the Village shall pay to the City of Ithaca Joint Activity
Fund for the Ithaca Area POTW the amount of the Municipalities’ expenditures as well as all damages, fines and
costs the Municipalities incurred in connection with or as a result of the violation, or in connection with or as a
result of the failure of the Village of Cayuga Heights to comply with this law or with any multijurisdictional
pretreatment agreement between the Village and Municipalities. In addition to the penalties provided herein, the
Village may recover court costs, court reporters’ fees, and other expenses of litigation, as well as recoverable
attorneys’ fees, in an appropriate legal action against the person found to have violated this law or limitations or
conditions of a Wastewater Discharge Permit issued thereunder.
D. Nothing in this section shall preclude the Village or Municipalities from bringing an action against
a User for liability incurred as a result of damage to the Ithaca Area POTW, fish kills, or any other damage to
persons, animals, aquatic life, property, or natural resources.
41. Criminal Fines and Imprisonment
43
A. Any person who knowingly violates any requirement of this law or of any Wastewater Discharge
Permit condition or limitation implementing the requirements of this law, shall be guilty of a misdemeanor and
upon conviction thereof shall, if the person is not a corporation, be punished by a fine not exceeding Ten Thousand
Dollars ($10,000.00) per day of violation, or by imprisonment for a term of not more than one year, or by both
such fine and imprisonment; and if the person is a corporation shall, upon conviction, be punished by a fine not
exceeding Twenty Thousand Dollars ($20,000.00) per day of violation.
B. Any person who knowingly makes any false material statement, representation, or certification in
any application, record, report, plan, or other document filed or required to be maintained under this law or who
knowingly falsifies, tampers with, or renders inaccurate any monitoring device or method required to be
maintained under this law, shall be guilty of a misdemeanor and upon conviction thereof shall, if the person is not
a corporation, be punished by a fine not exceeding Ten Thousand Dollars ($10,000.00) per day of violation, or by
imprisonment for a term of not more than one year, or by both such fine and imprisonment; and if the person is a
corporation shall, upon conviction, be punished by a fine not exceeding Twenty Thousand Dollars ($20,000.00)
per day of violation.
44
ARTICLE VII – FEES
42. Charges and Fees
It is one of the purposes of this law to provide for the recovery of costs from persons who use the Ithaca
Area POTW, in order to implement the programs established herein. Charges and fees may include:
(A) fees for reimbursement of the costs of setting up and operating the Ithaca Area POTW’s
pretreatment program and the Village’s pretreatment program as it relates to the Ithaca Area POTW;
(B) fees for monitoring, sampling, inspections, and surveillance procedures;
(C) fees for reviewing accidental discharge procedures and construction;
(D) fees for Permit applications and modifications;
(E) fees for consistent removal (by the Ithaca Area POTW) of pollutants otherwise subject to
National Categorical Pretreatment Standards;
(F) fees for sludge disposal;
(G) other fees as the Village may deem necessary to carry out the requirements contained
herein.
43. Assessment of Charges and Fees
The charges or fees for the items enumerated in Section 42 above relate solely to the matters covered by
this local law and shall be set from time to time in the Village’s Schedule of Charges and Fees in accordance with
procedures permitted by applicable laws.
ARTICLE VIII – SEVERABILITY; REPEALER; EFFECTIVE DATE
44. Severability
If any provision, paragraph, word, section, or Article of this law is invalidated by any court of competent
jurisdiction, the remaining provisions, paragraphs, words, sections, and Articles shall not be affected and shall
continue in full force and effect.
45. Repealer
All regulations, ordinances or local laws, and any parts thereof, which are inconsistent or conflict with any
part of this law are hereby repealed to the extent of such inconsistency or conflict.
46. Effective Date
This law shall become effective upon filing with the New York State Secretary of State.
45
EXHIBIT 2024-080
VILLAGE OF CAYUGA HEIGHTS
DRAFT
PROPOSED LOCAL LAW E OF THE YEAR 2023
A LOCAL LAW TO AMEND THE CODE OF
THE VILLAGE OF CAYUGA HEIGHTS
CHAPTER 305, "ZONING," ARTICLE V, "RESIDENCE ZONE,"
SECTION 305-17, “PERMITTED ACCESSORY BUILDINGS AND USES”
TO REMOVE THE PENALTY FOR ADVERTISING A SHORT-TERM RENTAL
PRIOR TO OBTAINING A CURRENT REGISTRATION PERMIT
Be it enacted by the Board of Trustees of the Village of Cayuga Heights as follows:
SECTION I PURPOSE AND INTENT
The Village's Board of Trustees (the "Board") has been advised that the terms of Village Code Chapter 305,
Article V, Subsection 305-17(I)(5)(d) may not be enforceable under the First Amendment and Commerce Clause
of the Constitution. The intent of this Local Law is to remove this potentially unenforceable Subsection and to
relabel the subsequent subsections. The purpose of this Local Law is to revise the text of Village Code Chapter
305, Article V, Subsection 305-17 to delete Subsection 305-17(I)(5)(d) and to relabel Subsections 305-17(I)(5)(e)
and 305-17(I)(5)(f) accordingly.
SECTION II AUTHORITY
This Local Law is enacted pursuant to the grant of powers to local governments provided in Section 10 of the
Municipal Home Rule Law to adopt and amend local laws not inconsistent with the provision of the New York
State Constitution and not inconsistent with any general law relating to its property, affairs, government or other
subjects provided for in said Section 10 of the Municipal home Rule Law.
SECTION III AMENDMENT OF ZONING LAW ARTICLE V, “RESIDENCE ZONE,” SECTION
305-17, "PERMITTED ACCESSORY BUILDINGS AND USES"
In Chapter 305 of the Village Code, "Zoning," Article V, "Residence Zone," Subsection 305-17, "Permitted
Accessory Buildings and Uses," Subsection (I)(5)(d), is hereby deleted. As a result, the former Subsection (I)(5)(e)
shall hereinafter be referred to as Subsection (I)(5)(d) and the former Subsection (I)(5)(f) shall hereinafter be
referred to as Subsection (I)(5)(e).
SECTION V SUPERSEDING EFFECT
All Local Laws, Articles, resolutions, rules, regulations and other enactments of the Village of Cayuga Heights in
conflict with the provisions of this Local Law are hereby superseded to the extent necessary to give this Local Law
full force and effect. Without limiting the foregoing, to any extent that the terms of the Zoning Law of the Village
of Cayuga Heights are deemed to be in conflict with the requirements of this Local Law, the terms of this Local
46
Law shall govern and control.
SECTION VI PARTIAL INVALIDITY.
In the event that any portion of this Local Law is declared invalid by a court of competent jurisdiction, the validity
of the remaining portions shall not be affected by such declaration of invalidity.
SECTION VII EFFECTIVE DATE.
This Local Law shall be effective immediately upon filing in the office of the New York State Secretary of State,
except that it shall be effective from the date of its service as against a person served with a copy thereof, certified
by the Village Clerk, and showing the date of its passage and entry in the Minutes of the Village Board of Trustees
47
EXHIBIT 2024-081
VILLAGE OF CAYUGA HEIGHTS
REVISED DRAFT
PROPOSED LOCAL LAW F OF THE YEAR 2023
A LOCAL LAW TO AMEND THE VILLAGE OF CAYUGA HEIGHTS CODE TO DELETE ARTICLE
XIII, “PROPERTY MAINTENANCE”
FROM CHAPTER 305, "ZONING," AND
TO CREATE A NEW CHAPTER OF THE VILLAGE OF CAYUGA HEIGHTS CODE
TO BE ENTITLED, "PROPERTY MAINTENANCE"
Be it enacted by the Board of Trustees of the Village of Cayuga Heights (the "Village") as follows:
SECTION I PURPOSE AND INTENT
The Village’s Board of Trustees has found that, in such cases as a property owner has violated the requirements of
Article XIII, "Property Maintenance," of Chapter 305, "Zoning" (the "Current Property Maintenance Law"), of the
Village Code, such violation threatens the health, safety and welfare of Village residents, may create fire hazards,
may endanger the environment and groundwater, may lead to infestation by insects, vermin or rodents, may cause
depreciation of property values, and has a deteriorating and blighting effect upon the neighborhood and
community. The Village Board has determined that a violation of said Article XIII constitutes a public nuisance.
The Village Board has determined further that certain provisions of the Current Property Maintenance Law should
be modified (a) to add clarity and specificity to its terms, (b) to provide shorter time frames for property owners to
remedy violations and (c) to provide for greater fines for violations. The Village Board also has determined that to
best accomplish these goals and to promote property maintenance throughout the Village, the Current Property
Maintenance Law should be deleted from Chapter 305, "Zoning" (the "Zoning Law") and that a new chapter of the
Village Code be created to include the maintenance requirements of the Current Property Maintenance Law,
without the further procedural requirements imposed by the Zoning Law. The purpose of this Local Law is to
modify the Village Code to delete Chapter 305, Article XIII, and to create a new chapter that will set forth in better
detail the requirements for property maintenance and that will streamline the enforcement process to achieve
compliance with the property maintenance requirements more rapidly.
SECTION II AUTHORITY
This Local Law is enacted pursuant to the grant of powers to local governments provided in Section 10 of the
Municipal Home Rule Law to adopt and amend local laws not inconsistent with the provision of the New York
State Constitution and not inconsistent with any general law relating to its property, affairs, government or other
subjects provided for in said Section 10 of the Municipal home Rule Law.
SECTION III DELETION FROM THE VILLAGE CODE OF ARTICLE XIII, "PROPERTY
MAINTENANCE,” OF CHAPTER 305, "ZONING"
48
Article XIII, "Property Maintenance," of Chapter 305, "Zoning," of the Village Code, is hereby deleted in its
entirety.
SECTION IV ESTABLISHMENT OF VILLAGE CODE CHAPTER 209, "PROPERTY
MAINTENANCE”
Chapter 209
PROPERTY MAINTENANCE
§ 209-1. Purpose.
The purpose of this chapter is to protect the public health, safety and welfare by establishing minimum standards
governing the maintenance, appearance, and condition of all property in the Village of Cayuga Heights. The
further purpose of this chapter is to ensure compliance with all provisions of this chapter by providing equitable,
expeditious, and effective administration and enforcement and to provide for penalties for violations of this
chapter.
§ 209-2. Maintenance of exterior of lots.
A. The owner of any lot in the Village shall be responsible for maintaining the exterior of the lot free of litter and
all nuisances and hazards to the safety of owners, tenants, occupants, pedestrians and other persons having access
to the lot, and free of unsanitary conditions, and the owner shall promptly remove and abate any of the foregoing.
Hazards shall include, but not be limited to, the following:
(1) Refuse consisting of broken glass, stumps, garbage, trash and debris of any description, excepting brush
piles so long as they are located in the back yard and are not visible from a public street or sidewalk;
(2) Natural growth consisting of dead or dying trees or parts thereof and other natural growth which, by
reason of age, rotting or deteriorating conditions or storm damage, are dangerous to persons in the vicinity thereof;
(3) Over hangings consisting of loose, overhanging, and projecting objects and accumulations of ice and
snow, which, by reason of location above ground level, constitute dangers to persons in the vicinity thereof;
(4) Ground surface and unsanitary conditions consisting of holes, excavations, breaks, projections,
obstructions and excretion of pets or other animals on paths, sidewalks, walks, driveways, parking lots and parking
areas and other parts of the exterior of the premises which are accessible to and used by persons having access to
such premises;
(5) Accumulation of stormwater other than in locations and to the extent designed for same in a stormwater
management plan; and
(6) Sources of infestation of any insects, rodents, or other pests.
B. The owner of any lot in the Village shall be responsible for performing the following maintenance activities on
an ongoing basis:
49
(1) Trees and other natural growth shall be kept pruned or trimmed in order that such trees and natural
growth do not constitute a hazard, as defined-described above.
(2) All lawn areas shall be kept mowed such that the height of growth in any lawn area does not exceed 10
inches. For the purposes of article- chapter, the term "lawn area" shall include all areas at ground level of any
property that are not occupied by (a) man-made improvements or structures (including driveways and parking
areas that are paved or made of concrete, but not including gravel driveways or parking areas), (b) trees or shrubs,
(c) ornamental grasses, such as any variation of fountain grass, (d) vegetable gardens, nor (e) flower gardens that
are intentionally planted and maintained as flower gardens. The term "lawn area" shall include, but shall not be
limited to, (f) any area on which is growing any variation of turf grass, (g) any area on which has been allowed to
grow wild flowers, invasive plants or weeds, (h) any gravel driveway or parking area, and (i) any area occupied by
a driveway, parking area, path or patio that is constructed with slabs of rock placed at grade, each of which is
aligned with the adjacent rock.
(3) Drainage systems, facilities and features shall be maintained in good operating condition and so as to
prevent accumulation of stormwater, except in locations and to the extent designed for same in accordance with a
stormwater management plan for the lot.
(4) Chimneys and flue and vent attachments shall be maintained in structurally sound and good operating
condition.
(5) Vegetation or lawn areas between the edge of pavement of any public street and the property line of the
lot shall be maintained in the same manner and to the same standards as vegetation or lawn area within the
adjacent lot, notwithstanding that this area is within the public right-of-way; however, the Village shall be
responsible for maintenance of any street trees in this area. The lot owner shall not install any hard surface in this
area other than a connection between the edge of pavement of the adjacent public street and the driveway
providing vehicular access to the lot, and then only as authorized in writing by the Code Enforcement Officer.
(6) Vegetation on a lot along a public street right-of-way or public sidewalk shall be kept from becoming a
hazard or nuisance to users of the public street or sidewalk.
(7) The exterior of all buildings shall be kept in good repair.
(8) Building, commercial and industrial goods, equipment, tools and materials shall not be stored or used at
any location exposed to public view, except while construction is occurring on the lot.
§ 209-3. Enforcement.
A. General enforcement provisions. In the event that any owner of property in the Village is found to be in
violation of this chapter, the Code Enforcement Officer or the Board of Trustees of the Village, in addition to other
remedies, may undertake or institute any appropriate action or proceedings to prevent such violation, to restrain,
correct or abate such violation.
B. Code Enforcement Officer.
50
(1) The Village's Code Enforcement Officer shall have the authority to administer and enforce all
provisions of this chapter.
(2) The Board of Trustees may from time to time enact amendments to this chapter, or additional chapters,
that govern the Code Enforcement Officer's actions.
(3) In the event the Code Enforcement Officer is unable to serve as such for any reason, the Village's Board
of Trustees may appoint an individual to serve as Acting Code Enforcement Officer. The Acting Code
Enforcement Officer shall, during the term of his or her appointment, exercise all powers and fulfill all duties
conferred upon the Code Enforcement Officer by this chapter.
C. Violations and Complaints. The Code Enforcement Officer shall review and investigate complaints that allege
or assert the existence of conditions or activities that fail to comply with this chapter. The Code Enforcement
Officer shall respond to a complaint by taking such of the following steps as the Code Enforcement Officer may
deem to be appropriate:
(1) Performing an inspection of the conditions and/or activities alleged to be in violation, and documenting
the results of such inspection.
(2) If a violation is found to exist, providing the owner of the affected property with notice of the violation
and opportunity to remedy, abate, correct, or cure the violation, or otherwise to achieve compliance with the
applicable provision of this chapter. The notice shall be either hand-delivered to the owner or mailed to the last
known address of the owner, as it appears on the current tax records of the Village. The notice shall state the
requirements for remediation set forth in subsection D immediately following this subsection C.
(3) In consultation with the Village's attorney, pursue such legal actions and proceedings as may be
necessary to enforce this chapter.
D. Remediation. In any event that the Code Enforcement Officer determines that a violation of this chapter exists,
and the Code Enforcement Officer shall so notify the owner in accordance with subsection C above, then:
(1) the owner is required to remedy, abate, correct, or cure the violation, or otherwise to achieve
compliance within fifteen seven (7)- (15) calendar days of the date of the notice.
(2) the owner has the opportunity to have a hearing before the Code Enforcement Officer within such seven
(7) fifteen (15) calendar day cure period.
(3) if, within the seven (7) fifteen (15) calendar day cure period, the owner fails to remedy, abate, correct,
or cure the violation, or otherwise to achieve compliance, and the owner fails to obtain, following a hearing before
the Code Enforcement Officer, a written extension of the cure period or withdrawal of the notice of violation, the
Code Enforcement Officer shall send the owner a second notice in the manner described in subsection C above,
which notice shall advise the owner of the consequences and penalties described below.
(4) if the owner fails to remedy, abate, correct, or cure the violation, or otherwise to achieve compliance
within ten (10) calendar days of the date of the second notice, (a) the Village shall impose and the owner shall be
obligated to pay an initial fine in the amount of one hundred and no/100 ($100.00) dollars, and additional fines for
51
every subsequent period of ten (10) calendar days during which the owner has failed to achieve compliance, each
in the amount of an additional one hundred fifty and no/100 ($150.00) dollars; and (b) the Village may cure the
violation either by utilizing the services of the Village's Department of Public Works (the "DPW") or by engaging
the services of another designee, including a private contractor.
(5) if the Village cures the violation, the Village shall invoice the owner for the cost of such work, whether
performed by the DPW or by another designee, including a private contractor.
(6) if the owner does not deliver payment to the Village of (a) such fines within thirty (30) days of the date
that any such fine has been imposed, or (b) such invoice within thirty (30) days of the date of such invoice, such
fines and the charges reflected on such invoice shall be charged and assessed against said property, shall constitute
a lien and charge on the real property on which such lien is levied until paid or otherwise satisfied or discharged,
and if not paid by such time, shall be collected in the same manner and at the same time as other Village charges
against such real property as part of the Village's tax next due and payable. In addition, the Village may commence
any other action or proceeding available to collect such fines, costs and expenses.
(7) if the Code Enforcement Officer determines that a violation exists, the Code Enforcement Officer also
may determine that the violation is or may become ongoing or recurring, such as the failure to maintain the height
of growth in a lawn area, in which event such ongoing or recurring violation shall be subject both to the additional
fines described in subsection (3) above, as well as to the Village's performance of remediation in accordance with
this subsection D on an ongoing or recurring basis, without further notification to the property owner. The
additional fines and the costs of all such ongoing or recurring remediation by the Village shall constitute a lien on
the subject property and be collected as provided in this subsection D.
(8) The remediation of any violation of the requirements of this chapter by the Village or its agents shall
not operate to excuse the owner from properly maintaining any premises as required by this chapter, and such
owner shall, notwithstanding such action, be subject to any other penalties provided for herein.
E. Recordkeeping.
(1) The Code Enforcement Officer shall keep permanent records of all activities undertaken in connection
with enforcement of the requirements of this chapter, including records of:
(a) All inspections performed and investigations conducted;
(b) All statements and reports issued;
(c) All complaints received;
(d) All other activities specified in or contemplated by this chapter; and
(e) All fees charged and collected.
(2) All such records shall be public records open for public inspection during normal business hours and
subject to the terms of the New York State Freedom of Information Law, including the exemptions provided
therein.
§ 209-4. Penalties.
52
A. Any person or legal entity that is the owner of premises on which exists or occurs a violation of any of the
provisions of this chapter, or who or which fails to comply with any of the provisions of this chapter or any notice
issued hereunder, shall be guilty of a violation as the same is defined in the New York State Penal Law and shall
be fined not less than one hundred and no/100 ($100.00) Dollars for each violation.
B. Each period of ten (10) calendar days during which such violation continues to exist shall constitute a separate
violation, and the owner shall be fined not less than an additional one hundred fifty and no/100 ($150.00) Dollars
for each such separate violation.
SECTION V SUPERSEDING EFFECT
All Local Laws, Articles, resolutions, rules, regulations and other enactments of the Village of Cayuga Heights in
conflict with the provisions of this Local Law are hereby superseded to the extent necessary to give this Local Law
full force and effect. Without limiting the foregoing, to any extent that the terms of the Zoning Law of the Village
of Cayuga Heights are deemed to be in conflict with the requirements of this Local Law, the terms of this Local
Law shall govern and control.
SECTION VI PARTIAL INVALIDITY.
In the event that any portion of this Local Law is declared invalid by a court of competent jurisdiction, the validity
of the remaining portions shall not be affected by such declaration of invalidity.
SECTION VI I EFFECTIVE DATE.
This Local Law shall be effective immediately upon filing in the office of the New York State Secretary of State,
except that it shall be effective from the date of its service as against a person served with a copy thereof, certified
by the Village Clerk, and showing the date of its passage and entry in the Minutes of the Village Board of
Trustees.
53
EXHIBIT 2024-082
2024 Village of Cayuga Heights Water Rate
RESOLUTION #
WHEREAS, the Village of Cayuga Heights is served by the Southern Cayuga Lake Intermunicipal Water
Commission; and
WHEREAS, the Village of Cayuga Heights has entered into an amended, supplemental, restated, and consolidated
agreement of municipal cooperation for construction, financing and operation of an intermunicipal water supply
and transmission system dated as of June 5, 1979 as the same has been amended from time to time (the
“Agreement”); and
WHEREAS, pursuant to the Agreement, the Village of Cayuga Heights agreed to pay to the Southern Cayuga
Lake Intermunicipal Water Commission (hereinafter referred to as “Commission”), water revenues based upon,
in part, a water rate billing structure based on a quarterly 5,000 gallon minimum; and Bolton Point rate is $6.33
per 1000 gallons, and the Village of Cayuga Heights surcharge is $12.18 per 1000 gallons.
WHEREAS, in consideration of the premises and the mutual undertakings of the parties pursuant to the
Agreement, the parties agreed to amend the Agreement effective January 1, 2024.
NOW, THEREFORE, BE IT RESOLVED THAT, the Village of Cayuga Heights Board of Trustees authorizes
and approves the new Village of Cayuga Heights water rate to $12.18 per 1000 gallons consumed effective
January 1, 2024.
54
EXHIBIT 2024-082
VILLAGE OF CAYUGA HEIGHTS
DRAFT
PROPOSED LOCAL LAW G OF THE YEAR 2023
A LOCAL LAW TO AMEND THE ANNUAL SEWER RATES, AS DEFINED IN ARTICLE XII, SEWER
RENTS, OF THE VILLAGE OF CAYUGA HEIGHTS ARTICLES
Be it enacted by the Board of Trustees of the Village of Cayuga Heights as follows:
Section I. PURPOSE
The purpose of this Local Law is to establish annual sewer rates of $4.64/1000 gallons consumed for inside users
and a rate of $6.96/1000 gallons used for outside users, as defined in articles XII, Sewer Rents, of the Village of
Cayuga Heights Articles.
This is an exemption action under 617.5C section 26 & 33; the adoption of a local law in connection with
continuing agency administration and management.
Section II. AUTHORITY
This Local Law is enacted pursuant to the grant of powers of local governments provided for in (i) Section 10 of
the Municipal Home Rule Law to adopt and amend local laws not inconsistent with the provisions of the New
York State Constitution or not inconsistent with any general law relating to its property, affairs, government or
other subjects provided for in said Section 10 of the Municipal Home Rule Law, (ii) General Municipal Law
Article 14-F, (iii) General Municipal Law Sections 451 and 452, and (iv) Village Law Article 14.
Section III. ESTABLISHMENT OF SEWER RATES
As of January 1, 2024, annual sewer rates shall be established at a rate of $4.64/1000 gallons used for treatment of
wastewater originating from properties located within the Village and a rate of $6.96/1000 gallons used for
treatment of waste water originating from properties located outside of the Village.
Section IV. SUPERSEDING EFFECT
All Local Laws, resolutions, rules, regulations and other enactments of the Village of Cayuga Heights in conflict
with the provisions of this Local Law are hereby superseded to the extent necessary to give this Local Law full
force and effect.
Section V. VALIDITY
The invalidity of any provision of this Local Law shall not affect the validity of any other provision of this Local
Law that can be given effect without such invalid provision.
55
Section VI. EFFECTIVE DATE
This Local Law shall be effective immediately upon filing in the office of the New York State Secretary of State,
except that it shall be effective from the date of its service as against a person served with a copy thereof, certified
by the Village Clerk, and showing the date of its passage and entry in the Minutes of the Village Board of
Trustees.
56
EXHIBIT 2024-083
Authorizing the implementation , and funding in the first instance 100% of the federal-aid and State
“Marchiselli” Program-aid eligible costs, of transportation federal-aid project, and appropriating funds
therefore.
WHEREAS, a project for the TAP 2022 Cayuga Heights Road Sidewalk Connections, P.I.N. 395086 “the
Project” is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the cost
such program to be borne at the ratio of 80% federal funds and 20% non-federal funds; and
WHEREAS, the Village of Cayuga Heights desires to advance the project by making a commitment of 100% of
the non-federal share of the costs of engineering, ROW and construction.
NOW, THEREFORE, the Village of Cayuga Heights Board of Trustees, duly convened and does herby
RESOLVED, that the Village of Cayuga Heights Board of Trustees herby approves the above -subject project;
and hereby further
RESOLVED, that the Village of Cayuga Heights Board of Trustees approves and authorizes Mayor Woodard to
pay in the first instance 100% of the federal and non-federal share of the cost of engineering, ROW and
construction work for this project or portion thereof; and it is further
RESOLVED, that the sum of $2,739,979.00 is hereby appropriated from project number 395086 and is made
available to cover the cost of participation in the above phase of the project; and is further
RESOLVED, that in the event the full federal and non-federal share costs of the project exceeds the amount
appropriated above, the Village of Cayuga Heights Board shall convene as soon as possible to appropriate said
execess amount immediately upon the notification by the Village thereof, and it is further
RESOLVED, that the Mayor Woodard of the Village of Cayuga Heights is hereby authorized to execute all
necessary agreements, certification or reimbursements request for federal aid and or Marchiselli Aid on behalf of
the Village of Cayuga Heights with the New York State Department of Transportation in connection with the
advancement or approval of the project and providing for the administration of the project and the municipalities
first instance funding of the project costs and permanent funding of the local share of federal-aid and state-aid
eligible project costs within appropriation therefore that are not so eligible, and further
RESOLVED, that a certified copy of this resolution be filed with the New York State Commissioner
Transportation by attaching it to any necessary agreement in connection with this project and it is further
RESOLVED, this resolution shall take effect immediately.
57
58
EXHIBIT 2024-085
Village of Cayuga Heights - Annual Performance Review Procedures
Performance Review Objectives
To conduct a thoughtful evaluation of the employee with respect to his or her performance on the job and his or
her fulfillment of the job description. To recognize the employee’s accomplishments and to address any
shortcomings or issues. To establish goals that foster the individual’s personal development and strengthen the
productivity and efficiency of the department. To assess how the job and work environment can be improved
upon.
Late October (3rd or 4th week)
Disseminate job descriptions and letter with guidance of self-evaluation and performance evaluation processes to
Department Heads (DPW, Police Department, Fire Department), DPW Director, and Village office staff
(Treasurer, Clerk).
Disseminate job description and performance self-evaluation form to Deputy Clerk(s).
Disseminate job descriptions and employee performance evaluation forms to Mayor and Trustee Committee
Chairs. Trustee Committee Chairs, along with the Mayor, will review (in written narrative) the Department Heads
and office staff (Treasurer, Clerk) that report to the same committee on which the Committee Chair oversees.
Disseminate job description and standard employee performance evaluation form to Clerk and Mayor for review
of Deputy Clerk(s). DPW Director will receive his/her job description and same letter as DPW Superintendent
with guidance of self-evaluation and performance evaluation processes. DPW Director will be reviewed by DPW
Superintendent and Mayor.
Early November (end of 1st week, due Nov. 3)
Self-evaluation narratives and self-evaluation review forms written by Department Heads, DPW Director and
office staff due to Mayor, Committee Chairs, DPW Superintendent and Clerk.
Weeks 2-4 of November (due Nov. 22, Thanksgiving Nov. 23)
Conduct informal conversations between Trustees, between Trustees and VCH employees where
appropriate/comfortable, as well as in-person reviews, in weeks 2-4 of November. All reviews (which includes
written evaluations presented to employee) should be completed by November 22.
Informal conversations (Trustee to Trustee):
Trustee Committee Chairs should have informal conversations prior to in-person review with other Trustees who
may work with a Department Head in some capacity (such as on grant writing or a special project), but who may
not sit on a committee with the Department Head. Purpose is to get an additional perspective of the Department
Head’s performance (communication skills, leadership, approachability, etc.).
Informal conversations (Trustee to VCH employee):
Where appropriate, it may be advisable to have informal conversations prior to in-person review with employees
59
in departments in which the Department Heads supervise. The purpose is to get input on Department Heads’
supervisory strengths and weaknesses, as well as a better sense of their day-to-day activities/ responsibilities. It
also provides an opportunity for staff to provide feedback on the supervision they receive.
In-person reviews with Mayor and Trustee Committee Chair:
The Mayor and Committee Chair of the relevant committee to which that employee reports should be present in
the in-person reviews for DPW Superintendent, Police Chief, Fire Superintendent, Treasurer and Clerk. All
relevant committee members should meet ahead of time to share input.
In-person reviews with Supervisor and Mayor:
DPW Director will be reviewed by DPW Superintendent and Mayor. Deputy Clerk(s) will be reviewed by Clerk
and Mayor. Trustees who interact with DPW Director and Deputy Clerks in some capacity should share any
feedback he/she may have with Mayor.
Written evaluation:
Written reviews can be presented to employee at time of in-person review for reviews since Mayor is present. At
the end of the in-person review, documents will be signed and dated by the employee, Mayor, and the Committee
Chair who conducted the review. Staff can submit a written response to the review if desired.
60
EXHIBIT 2024-086
Village of Cayuga Heights
Police Department
Jerry L. Wright
Chief of Police
8/11/2023
To: The Honorable Mayor Woodard
Members of the Board of Trustees
Village of Cayuga Heights
Re: Report of the Police Department for August 2023
In the month of July, the police department received 361 calls for service. In addition to these calls, 53 uniform traffic
tickets were issued, and one 1 parking violation was cited. A breakdown of the calls for service is as follows:
There were no Felony incidents reported.
Seven Penal Law Misdemeanors were handled. One complaint of Criminal Mischief to an ATM was received. The business
is in the process of investigating the incident; at this time it is being considered a property damage as there has been no
evidence of criminal activity. One incident of Larceny was reported between two individuals which was found to be civil in
nature. Another report was made involving a Larceny from a vehicle. The complainant stated that an item had been taken
from their unlocked motor vehicle during the overnight hours. There are no suspects or leads at this time. Two Fraud
complaints were filed both involving money being paid to individuals claiming to be legitimate businesses. There was a loss
of property during these incidents, and they are still under investigation. A report of Aggravated Harassment was made by
an individual stating that they were receiving threatening text messages from their ex-spouse. Charges were filed and a
warrant was issued for the arrest of the suspect in this case. Lastly, a second complaint of Aggravated Harassment was
reported by an individual who said they were receiving threatening text messages from a former client. The officer on duty
contacted the suspect and advised that they discontinue contacting the complainant and seek appropriate channels to resolve
the issue.
The investigation of Nine Traffic Stops led to 11 Vehicle and Traffic Misdemeanor charges. Eight for Suspended
Registration and Three for Aggravated Unlicensed Operation of a Motor Vehicle 3rd.
Two Penal Law Violations were reported. An individual stated that they were receiving text messages from a person
attempting to solicit funds. The individual did not respond to the texts, they were just concerned on who they may be coming
from. No further complaints were made regarding this matter. A Trespass complaint was received from a store clerk that
said they had asked a patron to leave, and an argument ensued. The on-duty officer made contact with the patron who stated
they would no longer be a patron of that store.
Five complaints of Local Law Violations were investigated. Three complaints involving dog control were reported. One
consisted of a loose dog in the area. The owner was located, and the dog was returned without incident. A second
complaint was of an aggressive dog in a yard which scared a passerby. It was determined that the dog was contained within
an invisible fence. The final dog complaint was made by an individual who had been bitten by another dog while they were
61
out walking their own dog. A report was filed for the Tompkins County Health Department. The complainant did not wish
to pursue charges. Four noise complaints were received, however only two of these reports were observed to be in violation
of the Village’s Local law. While on patrol the on-duty officer observed a group of college aged individuals in Sunset Park
after hours being very loud. The officer issued a warning to the individuals as they left the area without incident. The
second noise complaint came in as a loud party in the area. The officer responded to the location and observed a wedding
taking place which had already been registered with the police department.
The following 11 arrest charges were filed, 3-Aggravated Unlicensed Operation of a MV-3rd, 11-Suspended Registration
One property damage Motor Vehicle accident was handled and occurred at the intersection of Kendal at Ithaca and N.
Triphammer Rd.
There were no incidents involving deer reported.
Three calls for service were completed under the Tompkins County Mutual Aid Agreement involving CHPD officers
assisting other agencies while there were no calls involving another agency assisting CHPD.
Over the course of the month, Officers took part in the following training and/or events: On August 8th Officer Manheim
visited TST BOCES as part of a career development day. On the 19th HR 218 Qualifications were completed. Lastly, on the
23rd Officers Barr and Langlois executed a commercial vehicle inspection detail, assisted by NYS DOT.
The full-time officers worked a total of 24 hours of overtime and the part-time officers worked a total of 163 hours.
Sincerely,
Chief Jerry Wright
62
EXHIBIT 2024-087
Village of Cayuga Heights
Mike Wiese – B.O.T Report
September 20th, 2023
Code Enforcement –
No code trainings were attended this month.
Street –
Exploring drainage replacement solutions for failing culvert on Iroquois Place. We discovered a gas line was
installed at a height which will impact the installing of the properly sized drainage pipe. We are coordinating with
NYSEG to find a resolution. Until then the road will remain closed. NYSEG has determined that they can eliminate
this gas main and reroute it down Triphammer road. They are currently designing the project. UPDATE: NYSEG
has begun their work to move the gas main out of the way of the culvert pipe so the new pipe can be installed.
Finished the installation of the sidewalk on Hillside Drive which connects Highland Road and Hanshaw Road. This
included a new drainage structure to be installed on the East side of hillside drive to divert water into the ditch along
Overlook Road.
Repaired all sewer manhole tops along planned paving route to ensure proper height and proper structural support.
Finished final paving of Hillside Road, Iroquois Road, North Sunset Road and Hanshaw Road.
With the completion of the paving preparation the crew was able to start tackling roadside mowing and clearing
brush around sidewalks.
All roads in the village have had new line striping done.
Water –
Repaired three water main valves along North Sunset Road prior to paving. The valves needed to be replaced in their
entirety which caused additional work and shutdowns for the water main.
The lead water service material project has finished for the season. We were able to identify the material for 81
homes with 66 homes left to be discovered. Out of the 81 discovered we found 11 to be material needing to be
replaced. This material consisted of galvanized or lead. Work to identify the remaining services will continue in the
spring.
Personnel –
We were able to interview four individuals for the new laborer position. We were able to select one individual by
the name of Hunter Colburn. With the board approval and a successful background check by the police department I
would like to offer Hunter a start date of October 2nd.
63
Clerk’s Report: EXHIBIT 2024-088
• On September 11, 2023 we provided all our current retirees with a presentation on the new changes to the Village
Retiree Healthcare plans in 2024. There has been nothing but positive feedback on the changes.
•
64
• Village residents have until October 31, 2023 to pay before we will turn those outstanding amounts over to the
County.