HomeMy WebLinkAboutMN-CC-1992-08-05 229
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7 :00 p.m. August 5, 1992
PRESENT:
Mayor Nichols
Alderpersons (9 ) - Blanchard, Romanowski, Efroymson, Daley, Booth,
Schroeder, Golder, Hoffman, Berg
ABSENT:
Alderperson Johnson (excused)
OTHERS PRESENT:
City-.Clerk - Paolangeli
City Attorney - Guttman
Building Commissioner - Eckstrom
City Controller - Cafferillo
r Superintendent of Public Works -- Gray
Q0 Board of Public Works Commissioner - Reeves
N Tompkins County Board of Representative - Lerner
W PLEDGE OF ALLEGIANCE:
z Mayor Nichols led all present in the Pledge of Allegiance to the
American flag-
MINUTES:
Postponement of Approval of . Minutes of the July 1, 1992 Common
Council Meeting
By Alderperson Booth: Seconded by Alderperson Romanowski
RESOLVED, That the approval of the Minutes of the July 1 , 1992
Common Council meeting be postponed until the Common Council
meeting of September 2 , 1992 .
Carried Unanimously
ADDITIONS TO THE AGENDA:
Budget and Administration Committee
Alderperson Booth requested that two items be added to the agenda;
Appointment of Plumbing Inspector and Extension of the Summer Youth
Conservation Corps Program.
No Council member objected.
SPECIAL ORDER OF BUSINESS:
Public Hearing - Local Law to Consider __Adopting a New City
Municipal Code (Recodification)
Resolution to Open Public Hearing
By Alderperson Schroeder: Seconded by Alderperson Berg
RESOLVED, That the Public Hearing to consider adopting a new City
Municipal Code be declared open .
Carried Unanimously
No one appeared to address Common Council .
Resolution to Close Public Hearing
By Alderperson Romanowki : Seconded by Alderperson Daley
RESOLVED, That the Public Hearing to consider adopting a new City
Municipal Code be declared closed.
Carried Unanimously
Pu}-. c Hearing - Local Law to Consider Amending Term of Office of
the �, -Vor
Resolution to Open Public Heari__ng
By Alderperson Daley: Seconded by Alderperson Booth
RESOLVED, That the Public Hearing to consider a Local Law amending
the term of office of the Mayor be declared open. 11 --
Carried Unanimously
No one appeared to address Common Council .
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August 5, 1992
Resolution to Close Public Hearing
By Alderperson Daley: Seconded by Alderperson Berg
RESOLVED, Thatl the Public Hearing to consider a Local Law amending
the term of office of the Mayor be declared closed.
Carried Unanimously
Public Hearing to Consider An _Ordinance Amending Subdivision
C(4) (i) (b) , C(4) (ii) (d) and D Section 30 26 of the City of
Ithaca Municipal Code
Resolution to Open Public Hearing
By Alderperson Berg: Seconded by Alderperson Daley
RESOLVED, That the Public Hearing to consider an Ordinance amending
Subdivision C(4 ) ( i) (b) , C( 4 ) ( ii ) (d) and D(v) (e) of Section 30 . 26 of
the City of Ithaca Municipal Code be declared open.
Carried Unanimously
No one appeared to address Common Council .
Resolution to Close Public Hearing
By Alderperson Romanowski : Seconded by Alderperson Berg
RESOLVED, That the Public Hearing to consider an Ordinance amending
Subdivision C(4 ) (i) (b) ,C(4) ( ii) (d) and D(v) (e) of Section 30 . 26 of
the City of Ithaca Municipal Code be declared closed.
Carried Unanimously
MAYOR'S APPOINTMENTS:
Examining Board of Plumbers
By Alderperson Blanchard: Seconded by Alderperson Romanowski
RESOLVED, That Mr. Karl T. Brenzo from Donohue-Halverson Plumbing
& Heating Co, 708 Willow Avenue, be appointed to the Examining
Board of Plumbers, as requested by the Mayor, to replace Mr.
William McGee who has resigned .
Carried Unanimously
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Garbage Disposal
Mr. Mark Finkelstein, 210 Lake Street, spoke to Council on solid
waste disposal/tipping fees and the County flow control law. Among
other suggestions , he urged Council to seek competitive bids for
garbage disposal .
Citizens to Save Our Parks
Ms . Doria Higgins, representing Citizens to Save Our Parks, read a
letter regarding the Festival Lands . A copy of the letter is on
file in the City Clerk' s Office .
Plumbing Inspector Appointment
Mr. William Baker, Union Rep. , asked questions of Council regarding
the Plumbing Inspector appointment resolution that has been placed
on tonight' s Budget and Administration Committee agenda.
Task Force on Traffic
The following persons spoke to Common Council in support of the
creation of a Task Force on Traffic :
Pat Frantz - 433 W. Buffalo Street
Tracy Farrell - 429 W. Buffalo Street
Neil Schwartzbach - 107 Park Place
RESPONSE TO THE PUBLIC:
Solid Waste Disposal
Alderperson Booth responded to Mr . Finkelstein' s concerns about
solid waste disposal .
Alderperson Golder referred to the joint meetings that were held
between Common Council and the City representatives . He. urged the
Mayor to schedule those meetings again .
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August 5, 1992
REPORT OF BOARD OF REPRESENTATIVES:
Mr. Eric Lerner, representing the lst District on the County Board,
spoke to Council on the following matters :
Sales Tax Resolution - At the Board' s next meeting on August 11 ,
they will be voting on the resolution to increase the sales tax to
8% on the dollar. If the Board votes to approve, it will be a one
year increase. If they want to increase it after that year, it will
take new State enabling legislation and a new resolution from the
Board.
Tipping Fees - The Board voted not to lower the tipping fee at this
time. He stated that he believes it was a terrible mistake to
raise the tipping fee as high as they did at the end of 1991 but
having made that mistake and locked in their budget for 1992 it
severely limits their options as to what they can do to fix the
problem. To simply lower the tipping fee and radically reduce
revenues now without coming up with a substitute revenue source
would be the most fiscally irresponsible thing the County could do.
r Mr. Lerner stated that he firmly believes the county will be
lowering the tipping fees but he cannot say when .
m Mr. Lerner answered questions from Council members .
Z REPORT OF CITY BOARDS COMMISSIONS AND COMMITTEES:
Rental Housing Commission
Ed Dormady, Chair of the Rental Housing Commission addressed
Council . He stated that a resolution was passed at the July Rental
Housing meeting that seeks Common Council reconstitution of the
commission to achieve a more fairly balanced membership.
Mr. Dormady read a letter to Council members from himself and three
other members of the Rental Housing Commission regarding a request
to Council to re-write the charge to the Rental Housing Commission.
The letter is on file in the City Clerk' s Office.
Mayor Nichols requested both the resolution and the letter be
considered by the Planning and Development Committee.
Board of Public Works
Commissioner Reeves reported on the following items to Common
Council :
Neighborhood Parking and Traffic Issues - A memo has been sent out
with a list of dates stating when the Board will be discussing the
various traffic issues .
Conservation Advisory Council/Bicycle Commission Memo - The Board
has received a memo from the CAC and the Bicycle Commission on
prohibiting bicycles in the natural areas of the Six Mile Creek
Wildflower Preserve . The Board passed a resolution on July 22 to
prohibit bicycles and there will be signs installed to that effect .
Responsibilities of the Department of Public Works
The Board of Public Works passed a resolution in September 1991
telling the Council that the Board has responsibilities by Charter
for City facilities, including buildings and properties; that the
Board has concerns with priorities placed on funds in an ever
tightening economy and that the Board would like to be involved in
decisions that affect the Board ' s responsibilities in the operation
of public works and that there is no established procedure for
Council consultation with the Board regarding expenditures which.
will affect future operations and budgets . The resolution further
stated that the Board wishes to work with Council to establish a
procedure that will allow for input to be received by Council- from
the Board on areas of concern to the Board .
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August 5, 1992
Task Force on Traffic
Commissioner Reeves stated that the resolution on the Task Force on
Traffic did alot get input from the Board because the Board only
received the resolution today . The Board does support the
resolution, though they are disappointed by the method by which it
came about .
COMMUNICATIONS FROM THE MAYOR:
Regional Department of Transportation Communication
Mayor Nichols reported that he has received a letter from the
Regional Department of Transportation stating that there will
probably be another six to nine month delay on the Route 96 re-
alignment because of action at the federal level in connection with
the environmental impact statement .
Block Grant Approval
Mayor Nichols reported that the City has been awarded the full
amount of our proposal for the Comprehensive Development Block
Grant, $600, 000 . The grant approval was for all the elements, the
14 affordable homes, the acquisition of residential structures for
5 housing units through INNS, for the Community Home and Health
Care Program, and an Entrepreneurial Training Program and our
administrative costs . He congratulated Trish Norton for the work
that went into having the grant approved .
CITY ATTORNEY'S REPORT:
ACC Violations
City Attorney Guttman reported that he has sent a Notice of Default
to Barbara Lukens, General Manager of ACC in which it was stated
that the City believes ACC is in violation of the franchise
agreement . Among other things , it is believed that ACC is not
paying to the City the amount of money it should be paying under
the franchise agreement, that ACC is charging customers more than
the franchise agreement allows ACC to charge and that ACC is not
complying with its obligations under the franchise agreement for
providing appropriate community access . With regard to access,
they have not opened the required number of, channels that we have
demanded and are not providing appropriate funding for community
access .
City Attorney Guttman stated that he has given ACC 30 days to
respond, which time expires on August 7 . At this time we have not
yet received a response . He will keep Council further advised on
this matter.
Thomas Cirafficci Case
City Attorney Guttman reported that most recently Mr . Cirafficci
sued the City of Ithaca in the District Court of Nevada and the
action was dismissed. He then sued the City of Ithaca in the
United States District Court in the northern district of New York.
That case was also dismissed. Recently ' he has appealed the
decision of the Nevada case and the United States Court of Appeals
has recently affirmed the dismissal . City Attorney Guttman stated
that Mr. Cirafficci is asking for re-hearing on the appeal and the
City has filed papers in the Court to deny the re-hearing showing
that there is no meritorious claim.
NEW BUSINESS•
Establishment of a Task Force for Traffic Issues
By Alderperson Daley: Seconded by Alderperson Schroeder
WHEREAS, residents from all over Ithaca are asking the City to
manage the impact of increased traffic on residential
neighborhoods, and
WHEREAS, a comprehensive plan is required to provide a foundation
for traffic management policy; now, therefore, be it
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August 5, 1992
RESOLVED, That Common Council directs the Mayor to form a task
force on traffic issues to deliver to the Planning and Development
Committee of Common Council by March 1 , 1993 a report on the
current state of traffic problems in the City of Ithaca and
recommendations for a general traffic management plan, and be it
further
RESOLVED, That the membership of the task force shall include
eleven city residents; one member of the Planning and Development
Committee, one member of the Board of Public Works, one member of
the Planning and Development Board, one member of the Traffic
Reduction and Public Transit Committee, one member of the Bicycle
Advisory Council, and six other city residents - at least three of
the six to come from heavily trafficked streets (per Board of
Public Works map) and at least one of the six to be a resident of
a State route.
Alderperson Daley explained the resolution and discussion followed
T on the floor.
(0 Amending Resolution
MN By Alderperson Berg: Seconded by Alderperson Daley
CO RESOLVED, That a Downtown Ithaca Inc . person be added to the Task
Z Force as a twelfth member.
C Carried Unanimously
•G Alderperson Blanchard asked if staff support for this Task Force
has been discussed . Alderperson Berg stated that in voting for
this resolution he thinks Council should do so knowing that it is
going to have an impact on staffing and it quite possibly may
require some funding.
Alderperson Booth remarked that in his opinion, this is a far
higher priority than planning for Southwest Park or re-doing a City
Master Plan. He thinks this is where we should use the resources
of the City Planning Department as it is a very high priority.
Alderperson Golder suggested the following friendly amendment be
added to the first Resolved, in the second line :
That after the words "traffic issues " the following words be added
"including concerns about pedestrian safety" .
No Council member objected to the addition of the words as
suggested by Alderperson Golder .
Amending Resolution
By Alderperson Efroymson: Seconded by Alderperson Daley
RESOLVED, That the word "and" be deleted from the next to last line
of the last Resolved Clause and a comma be added. Place a comma
after the word "route" and add the words "and at least four of the
total Task Force shall live on ` non-heavily trafficked streets ' , as
defined by the Board of Public Works map. "
Carried Unanimously
Amending Resolution
By Alderperson Daley: Seconded by Alderperson Efroymson
RESOLVED, that the total number on the Task Force shall be at least
12 City residents and include at least 6 other City residents in
addition to the stated groups to be represented.
A vote on the amendment resulted as follows -
Carried Unanimously
Main Motion as Amended 11
A vote on the Main Motion as Amended resulted as follows :
Carried Unanimously
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August 5, 1992
The Main Motion as Amended shall read as follows:
WHEREAS, res.dents from all over Ithaca are asking the City to
manage the impact of increased traffic on residential
neighborhoods, and
WHEREAS, a comprehensive plan is required to provide a foundation
for traffic management policy; now, therefore, be it
RESOLVED, That Common Council directs the Mayor to form a task
force on traffic issues, including concerns about pedestrian
safety, to deliver to the Planning and Development Committee of
Common Council by March 1 , 1993 a report on the current state of
traffic problems in the City of Ithaca and recommendations for a
general traffic management plan, and be it further
RESOLVED, That the membership of the task force shall include at
least twelve city residents : one member of the Planning and
Development Committee, one member of the Board of Public Works , one
member of the Planning and Development Board, one member of the
Traffic Reduction and Public Transit Committee, one member of the
Bicycle Advisory Council , one member of Downtown Ithaca Inc . , and
at least six other city residents -- at least three of the six to
come from heavily trafficked streets (per Board of Public Works
map) , at least one of the six to be a resident of a State route,
and at least four of the total Task Force shall live on non-heavily
trafficked streets, as defined by the Board of Public Works map.
CHARTER AND ORDINANCE COMMITTEE:
* 15. 1 Local Law # 3 of 1992 to Provide for the Recodification of
the Local Laws, Ordinances and Certain Resolutions of the City of
Ithaca into a Municipal Code to be Designated "The Code of the City
of Ithaca"
By Alderperson Hoffman: Seconded by Alderperson Booth
WHEREAS, a public hearing was held the 5th day of August 1992 by
the Common Council of the City of Ithaca, notice of which was given
as required by the Municipal Home Rule Law and the Open Meetings
Law of the State of New York, and
WHEREAS, at said public hearing the Common Council considered the
enactment of proposed Local Law No . 3 , entitled A LOCAL LAW TO
PROVIDE FOR THE RECODIFICATION OF THE LOCAL LAWS, ORDINANCES AND
CERTAIN RESOLUTIONS OF THE CITY OF ITHACA INTO A MUNICIPAL CODE TO
BE DESIGNATED THE "CODE OF THE CITY OF' ITHACA" , and
WHEREAS, all interested persons were given an opportunity to be
heard with respect to the enactment of said local law; now,
therefore, be it
RESOLVED, That Local Law No. 3 be enacted as follows :
ARTICLE II
Adoption of Code
Section 1-2 . Legislative intent .
In accordance with Subdivision 3 of Section 20 of the
Municipal Home Rule Law, the local laws , ordinances and certain
resolutions of the City of Ithaca, as codified by General Code
Publishers Corp. , and consisting of the Charter and Parts I and II
(Chapters 1 through 325 ) , shall be known collectively as the "Code
of the City of Ithaca" , hereafter termed the "Code" . Wherever
reference is made in any of the local laws, ordinances and
resolutions contained In the "Code of the City of Ithaca" to any
other local law, ordinance or resolution appearing in said Code,
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August 5, 1992
such reference shall be changed to the appropriate chapter title,
chapter number, Article number or section number where such
legislation appears in the Code, as if such local law, ordinance or
resolution had been formally amended to so read.
Section 1-3 . Continuation of existing provisions .
The provisions of the Code, insofar as they are substantively
the same as those of local laws, ordinances and resolutions in
force immediately prior to the enactment of the Code by this local
law, are intended as a continuation of such local laws, ordinances
and resolutions and not as new enactments, and the effectiveness of
such provisions shall date from the date of adoption of the prior
local law, ordinance or resolution . All such provisions are hereby
continued in full force and effect and are hereby reaffirmed as to
their adoption by the City Council of the City of Ithaca, and it is
the intention of said Council that each such provision contained
within the Code is hereby reaffirmed as it appears in said Code.
Only such provisions of former local laws and ordinances as are
omitted from this Code shall be deemed repealed or abrogated by
(C) the provisions of Section 1-4 below.
N
m Section 1-4 . Repeal of enactments not included in Code.
Z All local laws and ordinances of a general and permanent
nature of the City of Ithaca in force on the date of the adoption
of this local law and not contained in such Code or recognized and
continued in force by reference therein are hereby repealed from
and after the effective date of this local law provided, no
provision in said local laws and ordinances that is omitted from
such code by reason of typographical , clerical or similar error
shall be deemed to be repealed by this provision.
Section 1-5 . Enactments saved from repeal; matters not affected.
The repeal of local laws and ordinances provided for in
Section 1-4 of this local law shall not affect the following
classes of local laws, ordinances, rights and obligations, which
are hereby expressly saved from repeal :
A. Any right or liability established, accrued or incurred
under any legislative provision of the City of Ithaca
prior to the effective date of this local law or any
action or proceeding brought for the enforcement of such
right or liability.
B. An offense or act committed or done before the effective
date of this local law in violation of any legislative
provision of the City of Ithaca or any penalty,
punishment or forfeiture which may result therefrom.
C. Any prosecution, indictment, action, suit or other
proceeding pending or any judgment rendered prior to the
effective date of this local law brought pursuant to any
legislative provision of the City of Ithaca.
D. Any franchise, license, right, easement or privilege
heretofore granted or conferred by the City of Ithaca.
E . Any local law or ordinance of the City of Ithaca
providing for the laying out, opening, altering,
widening, relocating, straightening, establishing grade,
changing name, improvement, acceptance or vacation of
any right-of-way, easement, street, road, highway, park
or other public place within the City of II haca or-any
portion thereof .
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August 5, 1992
F. Any local law or ordinance of the City of Ithaca
appropriating money or transferring funds, promising or
_ guaranteeing the payment of money or authorizing the
issuance and delivery of any bond of the City of Ithaca
or other instruments or evidence of the city' s
indebtedness .
G. Local laws or ordinances authorizing the purchase, sale,
lease or transfer of property or any lawful contract or
obligation.
H. The levy or imposition of fees, taxes, special
assessments or charges .
I . The annexation or dedication of property.
J. Any legislation relating to salaries or employee
benefits .
K. Any legislation relating to traffic or parking.
L. Any local law or ordinance pertaining to zoning, amending
the zoning map, or otherwise regulating the use of
property.
M. Any legislation adopted subsequent to October 2 , 1991 .
N. Any legislation pertaining to the Police Department.
0. Zoning amendments made by Ord. Nos . 75-7 , 76-6, 77-5, and
87-9 .
P. Any legislation pertaining to bicycles .
Q. Any provision of any prior law, ordinance or resolution
authorizing the City of Ithaca or a city official to act
in an official capacity or granting to the city or such
official authority to exercise municipal powers except to
the extent that this law specifically provides to the
contrary, it being the intention of the Common Council of
the City of Ithaca that it is not, by the passage of this
local law, eliminating or repealing any existing power of
the City of Ithaca or any city official except as
specifically provided herein.
Section 1-6 . Severability.
If any clause, sentence, paragraph, section, Article, chapter
or part of this local law or of any local law, ordinance or
resolution included in this Code now or through supplementation
shall be adjudged by any court of competent jurisdiction to be
invalid, such judgment shall not affect, impair or invalidate the
remainder thereof but shall be confined in its operation to the
clause, sentence, paragraph, section, Article, chapter or part
thereof directly involved in the controversy in which such judgment
shall have been rendered.
Section 1-7 . Copy of Code on file .
A copy of the Code, in loose-leaf form, has been filed in the
office of the City Clerk of the City of Ithaca and shall remain
there for use and examination by the public until final action is
taken on this local law; and, if this local law shall be adopted,
such copy shall be certified to by the City Clerk of the City of
Ithaca by impressing thereon the Seal of the City of Ithaca, and
such certified copy shall remain on file in the office of said City
Clerk to be made available to persons desiring to examine the same
during all times while the said Code is in effect . The enactment
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August 5, 1992
and publication of this local law, coupled with the availability of
a copy of the Code for inspection by the public, shall be deemed,
held and considered to be due and legal publication of all
provisions of the Code for all purposes .
Section 1-8 . Amendments to Code .
Any and all additions, deletions, amendments or supplements to
any of the local laws, ordinances and resolutions known
collectively as the "Code of the City of Ithaca" or any new local
laws, ordinances or resolutions, when enacted or adopted in such
form as to indicate the intention of the City Council to be a part
thereof, shall be deemed to be incorporated into such Code so that
reference to the Code shall be understood and intended to include
such additions, deletions, amendments or supplements . Whenever
such additions, deletions, amendments or supplements to the Code
shall be enacted or adopted, they shall thereafter be printed and,
as provided hereunder, inserted in the loose-leaf book containing
T said Code as amendments and supplements thereto. Nothing contained
in this local law shall affect the status of any local law,
N ordinance or resolution contained herein, and such local laws,
m ordinances or resolutions may be amended, deleted or changed from
time to time as the City Council deems desirable .
z
C Section 1-9 . Code book to be kept up-to-date.
G It shall be the duty of the City Clerk to keep up-to-date the
certified copy of the book containing the Code of the City of
Ithaca required to be filed in the office of the City Clerk for use
by the public. All changes in said Code and all local laws,
ordinances and resolutions adopted by the City Council subsequent
to the enactment of this local law in such form as to indicate the
intention of said Board to be a part of said Code shall, when
finally enacted or adopted, be included therein by temporary
attachment of copies of such changes, local laws, ordinances or
resolutions until such changes, local laws, ordinances or
resolutions are printed as supplements to said Code book, at which
time such supplements shall be inserted therein.
Section 1-10 . Sale of Code book; supplementation.
Copies of the Code may be purchased from the City Clerk of the
City of Ithaca upon the payment of a fee to be set by resolution of
the Common Council, which Council may also arrange by resolution
for procedures for the periodic supplementation thereof .
Section 1-11 . Penalties for tampering with Code.
Any person who, without authorization from the City Clerk,
changes or amends, by additions or deletions, any part or portion
of the Code of the City of Ithaca or who alters or tampers with
such Code in any manner whatsoever which will cause the legislation
of the City of Ithaca to be misrepresented thereby or who violates
any other provision of this local law shall be guilty of an offense
and shall, upon conviction thereof, be punished as provided in
Chapter 1 , General Provisions, Article I, Penalties, of this Code .
Section 1-12 . Changes in previously adopted legislation.
A. In compiling and preparing the local laws, ordinances and
resolutions for publication as the Code of the City of
Ithaca, no changes in the meaning or intent of such local
laws, ordinances and resolutions have been made, except
as provided for in Subsections B and C hereof . In
addition, certain grammatical changes anq other minor
nonsubstantive changes were made in one ( 1 ) or more of
said pieces of legislation . It is the intention of the
City Council that all such changes be adopted as part of
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August 5, 1992
the Code as if the local laws , ordinances and resolutions
ha� been previously formally amended to read as such .
- I
B. The following nomenclature change have been made
throughout the Code :
( 1 ) All language has been made gender neutral .
( 2 ) All references to "Aldermen" or "Councilmen" have
been changed to "Council member. "
( 3) All reference to "Planning Board" have been changed
to "Planning and Development Board. "
C. In addition, the following changes, amendments or
revisions are made herewith, to become effective upon the
effective date of this local law. (Chapter and section
number references are to the local laws, ordinances and
resolutions as they have been renumbered and appear in
the Code. )
( 1 ) The Charter [Chapter 503 of the Laws of 1908, as
amended in its entirety by L.L. No. 1-1974 ] is
hereby amended as follows :
(a) Former Section 1 . 3A, which provides ward
boundaries through 1985, is deleted.
(b) Former Section 2 . 12, Fire Marshall, is
deleted.
(c) Section C-20B( 5 )' [ former Section 2 . 21 (5 ) ] is
amended to read as follows : " In the absence
of the Deputy City Controller, serve as
Acting City Controller during the absence or
inability of the City Controller to act and,
when serving, shall have all the powers of the
City Controller enumerated in Section C-19B of
this Charter . "
(d) Section C-21B( 4 ) [ former Section 2 . 22 ( 4 ) ] is
amended to read as follows : "Deposit, at
least every three ( 3 ) business days, to the
credit of the city, all moneys received or
collected on the city' s account in one ( 1 ) or
more depositories selected by the Common
Council . "
(e) Section C-31A [ former Section 3 . 4A] is amended
to insert "due to sickness or absence from the
city" after " in his absence . "
( f) Section C-52B [ former Section 4 . 14, 2nd
Paragraph, is amended to change "twenty-one"
to "eighteen" in two places .
(g) Former Section 4 . 20, Centennial Fund, is
deleted.
(h) Section C-58B [ former Section 5 . 2 ] is amended
to delete the last sentence thereof .
(i) Section C-73D( 2 ) [ former Section 5 . 30 (2 ) is
amended to read as follows :
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August 5, 1992
"Collection of expense. Any expense incurred
by the Board pursuant to the provisions of
Subsections A and C shall be collected in the
following manner : The Superintendent of
Public Works shall report to the Board the
expense incurred in behalf of each owner. The
Board thereupon shall review the same and, if
found to be correct, shall so certify to the
Superintendent of Public Works, who shall
forthwith mail to the owner at the address
appearing upon the tax roll a notice of
assessment, stating the date the expense was
incurred, the nature thereof and the cost,
together with a penalty of twenty-five percent
( 25%) thereon. The owner may protest such
assessment within thirty ( 30) days of the
date of such notice, either by personal
appearance at a regular meeting of the Board
or by written protest filed with the
r Superintendent of Public Works . The Board
CD shall thereupon review such assessment and
N make such adjustment thereon as it may
CO determine just and equitable, whereupon such
zassessment shall become final . "
( j ) Section C-88A [ former Section 5 . 45 ] is amended
to change "Condemnation Law" to "Eminent
Domain Procedure Law. "
(k) Section C-91B [ former Section 5 . 50 ] is amended
to change " fifty dollars " to "a fine of two
hundred fifty dollars ( $250 . ) or fifteen ( 15 )
days ' imprisonment, or both. "
( 1) Section C-94 [ former Section 6 . 2 ) is amended
to delete the second to last sentence .
(m) Section C-96F [ former Section 6 . 4 ( 6 ) ] is
amended to update the statutory reference to
"Sections 9104 and 9105 of the Insurance Law. "
(n) Section C-96G( 2 ) [ former Section 6 . 4 ( 7 ) ] is
amended to update the statutory reference to
"Section 9104 of the Insurance Law. "
(o) Section C-96H [ former Section 6 . 4 ( 10) ] is
amended to update the statutory reference to
"Section 1015 of the Unconsolidated Laws . "
(p) Sections C-99 and C-109C [ former Section 6 . 7
and 7 . 12C] are amended to change "Workmen' s
Compensation Law" to "Workers ' Compensation
Law. "
(q) Former Section 7 . 17 , Subsection 6, definition
of "his, " is deleted.
(2 ) Chapter 1 , General Provisions, Article I,
Penalties, is hereby adopted to read as follows :
"Section 1-1 . Penalties for offenses .
"Unless a different penalty is specified,
violations of the provisions of this Code shall be
punishable by a fine of not more than, two huniired
fifty dollars ( $250 . ) or imprisonment for a term of
not more than fifteen ( 15 ) days, or both. "
11
240
August 5, 1992
( 3 ) Chapter 7 , Appointments, Mayoral [ 4-1-1988
resolution] , is hereby amended as follows : Section
7-1 [unnumbered paragraph] is amended to add
"except as provided in Charter Section C-26 : " to
the first sentence preceding Subsection A.
(4 ) Chapter 55, Ethics , Code of [ 3-6-1974 resolution] ,
is hereby amended as follows : Section 55-5 [ former
Section V] is amended to add the following sentence
at the end: "Failure to distribute any such copy
or failure of any officer or employee to receive
such copy shall have no effect on the duty of
compliance with such code, nor the enforcement
provisions thereof . "
( 5 ) Chapter 78, Meetings , Open [Ord. No. 85-11 ] , is
hereby amended as follows : Section 78-3 [ former
Section 2 . 12 ] , definition of "executive session, "
is amended to replace "former public" with "general
public . "
( 6) Chapter 90, Personnel. , Article I , Grievance
Procedure [ former Ch . 5, Art . I ] , is hereby amended
as follows : Section 90-1 , [ former Section 5 . 1 ] is
amended to read as follows : "The following
grievance procedure is hereby established for
employees of the city, except as otherwise provided
in this chapter or a labor agreement . "
( 6A) Chapter 100, Rental Housing Commission [ 11-1-1989 ] ,
is hereby amended as follows : Section 100-2B( 1 )
[Paragraph lb, first subparagraph] is amended to
read as follows : "The Mayor shall select five (5 )
members, one ( 1 ) from each of the wards . "
( 7 ) Chapter 132 , Assemblies and Parades [ former Ch. 65,
Art . IV] , is hereby amended as follows : Section
132-11 is added to read as follows : "Any person who
violates any provision of this chapter shall be
punished as provided in Chapter 1 , General
Provisions, Article I , Penalties . "
( 8 ) Chapter 146 , Building Construction [ former Ch. 26 ] ,
is hereby amended as follows :
(a) The following sections are amended to replace
"the New York Board of Fire Underwriters" with
"an approved electrical inspection agency" :
Sections 146-4D, 146-33A and 146-39G and H
[former Sections 26 . 21D, 26 . 51A and 26 . 57G and
H]
(b) Section 146-7C( 2 ) (a) [ former Section 26 . 24C,
second paragraph] is amended to read as
follows :
" (a) Permit fees shall be paid before permit
review can commence according to the following
schedule:
Permit Type Fee
Where the total valuation of the work:
$2 , 000 or less None
12
241
August 5, 1992
From $2 , 001 to $25 , 000 $6 . 00 for each
$1 , 000 . 00 or
fraction thereof
to and including
$25, 000 . 00
Over $25, 000 $150 . 00 for the
first $25, 000
plus $4 . 00 for
each additional
$1, 000 . 00 or
f r a c t i o n
thereof
Other inspections and fees relating to
building construction :
Requested inspections $42 . 00
outside normal business
r hours (minimum charge, 2
hours in addition to the
MN permit fee)
W
z Plan review for projects 50% of permit
exceeding $5, 000 (where no fee schedule
permit is requested) (amount to be
applied to
permit fee)
Additional plan review $28 . 00 per hour
required by changes,
additions or revisions to
approved plans
Building permit renewal $25 . 00 or 10% of
the original
building permit
fee, whichever
is larger
Certificates of occupancy $28 . 00 per hour
for each hour
of inspection,
review or
analysis
Temporary certificates $100 . 00 plus 25%
of occupancy of building
permit fee
Demolition work
Up to $1 , 000 $12 . 00
$1 , 001 to $5, 000 $25 . 00
$5, 001 and up $25.00 plus $4 .00
f o r e a c h
$1 , 000 . 00 or
f r a c t i o n
thereof over
$5, 000 . 00 "
(c) Section 146-71 [ former Section 26 . 24I ] is amended
to change "certificate of corhpliance"- to
"certificate of occupancy" throughout .
13
242
August 5, 1992
(d) Section 146-27D ( former Section 26 . 43E4 ] is amended
so that the first sentence shall read as follows :
"A domestic corporation desiring or intending to
conduct the trade, business or calling of a plumber
or of plumbing in this city may do so, provided
that one ( 1 ) or more officers of such corporation
separately or aggregately actually hold and own at
least fifty-one. per centum ( 51% ) of the issued and
outstanding capital stock of the corporation, and
provided that each of such officers holding such
percentage of the stock is the holder of a
certificate of competency issued in accordance with
the provisions of this Article . "
( 9 ) Chapter 152 , Cable Communications Systems [Ord. No . 88-
8 ] , is hereby amended as follows : Section 152-3B,
definition of "access channels" [ former Section 3 . 1 ] . is
amended to replace "ACC" with "the franchisee . "
( 10 ) Chapter 157 , Commons [Ord. No . 78-17 ] , is hereby amended
as follows :
(a) Section 157-7 [ former Section 70 . 7 ] is amended to
replace "Designated Authority" with "Commons
Coordinator. "
(b) The second sentence of Section 157-13 [ former
Section 70 . 13 ] is amended to read as follows :
"This provision does not apply to Seeing Eye dogs,
police working dogs and other dogs providing
assistance to handicapped people. "
( 11 ) Chapter 164, Dogs and Other Animals [ former Ch 54 ] , is
hereby amended as follows :
(a) Section 164-9H [ former Section 54 . 32 ( 8) ] is
amended to change "Section 3 of this law" to
"Agriculture and Markets Law Section 118 . "
(b) Section 164-10 [ former Section 54 . 33] is amended to
change "Dog Warden" to "Dog Control Officer. "
(c) Section 164-17 [ former Section 54 . 50 ] is amended to
add the following to the beginning: "Except as
provided in the Agriculture and Markets Law, . . . "
( 12 ) Chapter 170, Encroachments [ former Ch. 33 ] , is hereby
amended as follows :
(a) The following definitions are added to Section 170-
1 [ former Section 331 . ] :
AWNING -- An object which may be rolled up or
retracted.
CANOPY -- An object which has a rigid
framework and cannot be rolled up or
retracted.
(b) Section 170-6 [ former Section 33 . 5 ] is amended to
change "State Building Construction Code" to "State
Uniform Fire Prevention and Building Code. "
(c) Section 170-10 [ former Section 33 . 10 ] is amended to
read as follows :
"Any person who violates any provision of this
chapter shall be punished as provided in Chapter 1 ,
General Provisions , Article I , Penalties . "
14
243
August 5, 1992
( 13 ) Chapter 181 , Fire Prevention [ former Ch . 55, as amended
in it entirety by Ord . No . 84--7 ] , is hereby amended as
follows :
(a) Section 181-7A [ former Section 55-55 . 12A] is
amended to read as follows : "Code enforcement
official . The Chief of the Fire Department or the
Chief ' s designee shall be considered the code
enforcement official for Chapter C, entitled "Fire
Prevention, " of the New York State Uniform and Fire
Prevention Code and all other fire prevention
ordinances and regulations of the City of Ithaca. "
(b) Section 181-9E( 23 ) (a) [ 1 ] [ former Section 55-
14E23al ] is amended so that the last sentence
thereof shall read as follows : "The company,
corporation, copartnership or owner/operator shall
notify the Bureau of Fire Prevention in advance
where such work is done in response to an emergency
call that does not allow time for the Fire Bureau
of Fire Prevention to issue the necessary permit . "
N
W ( 14 ) Chapter 192 , Games of Chance [Ord. No . 80-9 ] , is hereby
Z amended as follows :
(a) Section 192-2 , definition of "games of chance"
[ former Section 14 . 2 ( 3 ) ] , is amended to add "and
bell jars" prior to "merchandise wheels . "
(b) Section 192-4E [ former Section 14 . 4 (5) ] is amended
to raise the single prize limit to three hundred
dollars ( $300 . ) and the single wager limit to six
dollars ( $6 . ) .
(c) Section 192-4N [ former Section 14 . 4 ( 14) ] is
amended to raise the prize limits to four hundred
dollars ( $400 . ) and five hundred dollars ( $500 . ) ,
respectively.
(d) Former Section 14-4 ( 18) is deleted.
( 15) Chapter 196, Garbage, Rubbish and Refuse [Ord. No. 87-
25 ] , is hereby amended as follows :
(a) Section 196-1 [ former Section 69 . 1 ] is amended to
add the following definition :
SECONDARY HOUSEHOLD USE -- A household use which
contaminates recyclable materials, making them
unsuitable for recycling.
(b) Section 196-6B [ former Section 69 . 6B] is amended to
delete "by the Department" in the first sentence.
( 16) Chapter 206, Houses, Numbering of [Ord. No. 83-1 ] , is
hereby amended as follows : Section 206-3 [ former Section
65 . 72 ] is amended to read as follows : "Any person who
violates any provision of this chapter shall be punished
as provided in Chapter 1 , General Provisions, Article I ,
Penalties . "
( 17 ) Chapter 210, Housing Standards [ former Ch 27 ] , is hereby
amended as follows :
(a) Section 210-10B(4 ) [ former Section 1127 . 11B4 ]- is
amended to change "Building Code" to "Uniform Fire
Prevention and Building Code . "
15
244
August 5, 1992
(b) Section 210-10C( 1 ) [ former Section 27 . 11C1 ] is
amended to change "ten percent ( 10% ) " to "eight
_ it percent ( 8% ) " in the second sentence .
(c) Section 210-10C( 3 ) [ former Section 27 . 11C3 ] is
amended to change " five percent (5% ) " to "four
percent ( 4% ) . "
(d) Former Section 27 . 24G, Swimming Pools, is deleted.
(e) Section 210-25A [ former Section 27 . 261 is amended
to read as follows :
"A. General requirements .
" ( 1 ) Residential buildings intended for occupancy
between the first day of November and the first day
of May of the following year shall be provided with
heating equipment designed to maintain a
temperature of not less than sixty-eight ( 68 )
degrees Fahrenheit at a distance of three ( 3 ) feet
and more from the exterior walls and at a level of
five (5 ) feet and more in habitable spaces,
kitchenettes, bathrooms and toilet rooms . The
capacity of the heating equipment to maintain such
indoor temperature shall be based on the average
recorded annual minimum outside temperature of the
locality.
" (2 ) In residential buildings when a tenant does
not have access to individual heating control
devices or his/her device controls the temperature
of other dwelling units, adequate heat shall be
provided to maintain the indoor temperature in
habitable spaces, kitchenettes, bathrooms and
toilet rooms at sixty-eight ( 68 ) degrees Fahrenheit
when the outside temperature falls below fifty-five
(55) degrees Fahrenheit between the first day of
September and the first day of June . "
( f ) The phrase in conformance with the New York State
Fire Prevention and Building Code" is added to the
end of Section 210-32A [ former Section 27 . 34A] and
the end of the first sentence of Section 210-32B( 1 )
[ former Section 27 . 34A1 ] .
(g) Section 210-32E [ former Section 27 . 341 is added to
read as follows : "At least one ( 1 ) single-station
smoke-detecting device, as described in the New
York State Uniform Fire Prevention and Building
Code, shall be installed on or near the ceiling in
every one- or two-family dwelling and each
apartment or other sleeping unit of a multiple
dwelling. The location shall comply with
applicable reference standards or testing
laboratory listings and/or the Multiple Residence
Law and the New York State Uniform Fire Prevention
and Building Code . Smoke-detecting devices shall
be regularly tested and maintained in good
operating condition by the property owner in
accordance with . the reference standards and
manufacturer ' s recommendations. Maintenance
records shall be kept as required by the New York
State Fire Prevention and Building Code . "
16
245
August 5, 1992
(h) Section 210-42 [ former Section 27 . 44 ] is amended to
read as follows : "All rental dwelling units shall
be inspected every three ( 3 ) years by the Building
Department . It shall be the responsibility of the
owners of rental property(ies ) to schedule
inspection and make applications for this
certificate of compliance. The Building Department
shall schedule inspections of any rental units for
which a valid certificate of compliance is not in
effect . "
(i) Former Section 27 . 57 , Penalty, is deleted.
( j ) Section 210-62 [ former Section 27 .20 ] is amended to
change "one hundred eighty ( 180) " to one hundred
fifty-three ( 153 ) . "
(k) Section 210-82I [ former Section 27 . 92 ( 9 ) ] is
amended to read as follows : "Providing, hanging
and removing required screens . "
N ( 1) Section 210-83G [ former Section 27 . 93 ( 7 ) ] is
m amended to read as follows : "Hanging any required
z screens which they have removed. "
(m) Section 210-86 [ former Section 27 . 1001 is amended
to read as follows : "Every person who shall fail
to comply with a violation order issued by the
Building Commissioner within the time limit stated
therein shall be guilty of an offense and, upon
conviction, shall be punished as provided in
Chapter 1 , General Provisions, Article I,
Penalties . Each day that a violation continues
shall be a separate offense . "
( 18 ) Chapter 215, Human Rights Protection, Article II ,
Antidiscrimination [Ord . No . 84-13 ] , is hereby amended as
follows : Former Section 29 . 3C, Contracts, is deleted.
( 19 ) Chapter 32 , Landmarks Preservation, Section 228 . 8,
[ former Section 32 . 10 ] is amended to read as follows :
"Any violation of any provision of this chapter shall be
punishable as provided in Chapter 1 , General Provisions,
Article I , Penalties . Each days continued breach shall
constitute a separate additional violation . In addition,
the city shall have such other remedies as are provided
by law to enforce the provisions of this chapter. "
( 20 ) Chapter 232 , Licensing of Businesses and Occupations, is
hereby amended as follows :
(a) Article I, General Provisions [ former Ch. 16, Art .
I ] .
[ 1 ] Section 232-3 [ former Section 16 . 2C] is
amended to read as follows : "Each officer,
board, agency, commission or department of the
city shall keep a copy of all licenses or
permits granted by such officer, board,
agency, commission or department. "
[ 2 ] References to "the City Clerk" in Section 232-
4A and C [ former Section 16 . 3A and C] are
hereby changed to "the appropriate officer,
board, agency, commission or depa4rtment ."-
17
246
August 5, 1992
[ 3 ] Section 232-7A [ former Section 16 . 6A] is
amended to change "Mayor and the City Clerk"
II to "appropriate officer of the city. "
[4 ] Section 232-7C [ former Section 16 . 6C] is
amended to change "City Clerk" to "officer
issuing a license . "
(b) Article II , Auctions [ former Ch . 16, Art . II ] .
[ 1 ] Section 232-8 [ former Section 16 . 21 ] is
amended by adding the following at the end:
"Nor to sales by junk dealers and secondhand
dealers . "
[ 2 ] Section 232-11 [ former Section 16 . 34 ] is
amended to raise the bond requirement to ten
thousand dollars ( $10, 000 . ) . Section 232-18
is added to read as follows : "Any person who
violates any provision of this chapter shall
be punished as provided in Chapter 1 , General
Provisions, Article I , Penalties . "
(c) Article III , Junk and Secondhand Dealers [ former
Ch. 16, Art. IV] .
[ 1 ] Section 232-22 [ former Section 16 . 42 ] is
amended to read as follows : "No person shall
engage in or carry on the business of junk
dealer or secondhand dealer without first
procuring the appropriate license therefor
from the City Clerk, with the approval of the
Chief of Police . "
[ 2 ] Former Section 16 . 43, Only one license
required, is deleted.
[ 3 ] Section 232-24 [ former Section 16 . 45 ] is
amended to read as follows : "Licenses shall
not be transferable without written
endorsement from the Chief of Police. "
[ 4 ] Section 232-31 [ former Section 16 . 51B and C]
is amended to read as follows :
"A. Any person violating any provision
of this Article shall be punishable as
provided in Chapter 1 , General
Provisions , Article I , Penalties .
"B . Each day that a junkyard or
accumulation place is operated or
maintained in violation of Section 232-30
shall be considered a separate offense
and be punishable as such. "
(d) Article IV, Pawnbrokers [ former Ch. 16, Art. V] .
[ 1 ] Section 232-33 [ former Section 16 . 54 ] is
amended to replace "Mayor" with "City Clerk,
after consultation with the Chief of Police . "
[ 2 ] Section 232-34 [ former Section 16 . 55 ] is
amended to replace "Mayor" with "City Clerk. "
18
247
August 5, 1992
[ 3 ] Section 232-39 is added to read as follows :
"Any person violating any provision of this
chapter shall be punishable as provided in
Chapter 1 , General Provisions, Article I ,
Penalties . "
(e) Article V, Peddling and Soliciting [ former Ch. 17 ] .
[ 1 ] Section 232-41A [ former Section 17 . 2A] is
amended to read as follows :
"A. Nothing in this Article shall be held to
apply to any sales :
" ( 1 ) Conducted pursuant to statute or
order of any court.
" ( 2 ) By any persons selling personal
property at wholesale to dealers in
r such articles .
N " ( 3 ) By berry pickers who sell berries of
m their own picking.
Z " (4 ) Of peddling of meats, fish, fruit
and farm produce by farmers and
persons who produce such
commodities .
" (5 ) By merchants having an established
place of business within the City. "
[ 2 ] The first sentence of Section 232-41B [ former
Section 17 . 2B] is amended to read as follows :
"Nonprofit organizations and persons working
for such organizations and any honorably
discharged member of the Armed Forces or any
other person who has procured a license issued
by the County Clerk as provided in Section 32
of the General Municipal Law of the State of
New York shall also be exempt. "
[ 3 ] The following is added to the end of the first
sentence in Section 232-41D [ former Section
17 . 2D] : "or is exempt from the requirements of
this section . "
[ 4 ] Section 232-42 [ former Section 17 . 3 ] is
amended to add the following to the beginning
thereof : "Except as otherwise provided
herein, . . . "
( f) Article VI , Taxicabs [Ord . No. 86-6 ] . Section 232-
58A( 1 ) (b) [ former Section 23 . 22A2 ] is amended to
delete "color . "
(g) Article VII , Transient Merchants [Ord. No. 90-14 ] .
Section 232-77C [ former Section 24 . 3C] is amended
to read as follows : "Additional information. The
City Clerk may demand and such merchant shall
furnish such further information relating to stock
and sales during the conduct of such transient
business, including but not limited to a copy of
the merchant ' s New York State sales tax
certificate, as the City Clerk may diem necessary
to meet the purposes of this Article. "
19
248
August 5, 1992
(21 ) Chapter 250, Peace and Good Order [ former Ch . 65, Art.
II ] ,I is hereby amended as follows :
(a) The following sections are deleted: Section 65 . 21 ,
Prohibited activities i.n streets and parks; Section
65 . 23, Curfew; Section 65 . 26, Fortunetellers ,
clairvoyants and similar pursuits; Section 65 . 31 ,
Improper use of telephone; and Section 65 . 32 , Noise
and disturbances .
(b) Section 250-9 [ former Section 65 . 1001 is amended to
read as follows : "Except as otherwise provided in
the Penal Law, any person who shall violate any
provision of this chapter shall be punished as
provided in Chapter 1 , General Provisions, Article
I, Penalties . "
(22 ) Chapter 256, Records, Public Access to [Ord. No. 76-12 ] ,
is hereby amended as follows : Sections 256-4A, 256-6 and
256-7 [ former Section 2 . 4 ( 1 ) , 2 . 6 and 2 . 7 ] are amended to
change "Committee on Public Access to Records" to
"Committee on Open Government . "
(23 ) Chapter 272 , Signs [ former Ch . 34 ] , is hereby amended as
follows : Section 272-19 [ former Section 34 . 20 ] is
amended to read as follows : "Failure to comply with any
of the provisions of this chapter shall be deemed an
offense and shall be punishable as provided in Chapter 1 ,
General Provisions, Article I , Penalties, in addition to
penalties for violation of any other regulation or
ordinance of the City of Ithaca. Each day such a
violation continues shall constitute a separate
violation. "
(24 ) Chapter 290, Subdivision of Land [ former Ch. 31 ] , is
hereby amended 'as follows : Section 290-28 [ former
Section 31 . 0001 is amended to read as follows : "Any
person who violates any provision of this chapter shall
be guilty of an offense punishable as provided in Chapter
1 , General Provisions , Article 1 , Penalties . Each month
or part thereof of continued violation constitutes a
separate offense unless otherwise provided herein. "
(25) Chapter 295, Swimming Pools [ former Ch. 35 ] is hereby
amended as follows :
(a) "State Building Construction Code" is changed to
"State Uniform Fire Prevention and Building Code"
in Sections 295-4A, 295-5B and 295-7G [ former
Sections 35 . 2B, 35 . 3B and 35 . 5G] .
(b) Section 295-7A( 2 ) is added [after former Section
35 . 5A] to read as follows : "The installation shall
be arranged and maintained to prevent dirt, sand or
other foreign matter from entering the bathing
area. "
(c) Section 295-7B [ former Section 35 . 5B] is amended to
read as follows :
"B. Filtering, sterilizing and auxiliary
equipment.
" ( 1 ) The swimming pool shall be required
to have adequate filtering,
sterilizing and auxiliary equipment
to properly recirculate, filter,
algicide and germicide the water of
20
249
August 5, 1992
the pool , with provisions and
instructions for maintenance of the
same .
" ( 2 ) Equipment containing gases or
disinfectants capable of giving off
irritating, toxic or flammable fumes
shall be located in ventilated
rooms . "
(d) Section 295-8A( 2 ) is added [after former Section
35 . 6A] to read as follows : "The water supply used
for filling or cleaning of the pool shall be clean.
The water supply shall be protected against
potential pollution from all sources, including
cross-connection and backflow. "
(e) Section 295-8B( 2 ) [ former Section 35 . 6B2 ] is
amended to read as follows : "Drains shall be
T provided so that the pool can be safely and
adequately drained. It must be possible to drain
(V all pools into a storm sewer or a natural waterway
m either by gravity, syphon or through the -filter
z pump system. "
( f) Section 295-8B( 4 ) is added [ after former Section
35 . 6B3 ] to read as follows : "Drains shall be
provided in floors surrounding the swimming pool
and arranged so that water from such area will
drain without entering the pool . "
(g) Section 295-10A [ former Section 35 . 8A] is amended
to read as follows : "Conformance to New York State
Uniform Fire Prevention and Building Code. All
lighting and electrical work shall conform to the
New York State Uniform Fire Prevention and Building
Code and be inspected and approved by an approved
electrical inspection agency. Also, all
underground wiring and lighting shall be low
voltage . "
(h) Section 295-14 [ former Section 35 . 20 ] is amended to
read as follows : "A person who shall violate any
provision of this chapter or who fails to comply
therewith or who shall. violate or fail to comply
with any order or regulation made thereunder shall
be punished therefor as provided under Chapter 1,
General Provisions, Article I, Penalties . "
(26 ) Chapter 300, Taxation, Article II , Utility Tax [ former
Ch. 125 ] , is hereby amended as follows : Section 300-6A
[ former Section 125 . 1A] is amended to update the General
City Law reference to "Section 20-b. "
(27 ) Chapter 316, Vehicle, Recreational, is hereby amended as
follows :
(a) Article I , Snowmobiles [ former Ch. 61 ] .
[ 1 ] "Parks and Recreation" is hereby replaced with
"Parks, Recreation and Historic Preservation"
in Sections 316-2 , 316-3 and 316-5B and C
[ former Sections 61 . 2 , 61 . 3 , and 61 . 5B and C] .
[ 2 ] Section 316-7 [ former Section , 61 . 10] - is
amended to read as follows : "Unless otherwise
provided in the Vehicle and Traffic Law, any
person who violates any provision of this
21
250
August 5, 1992
Article shall be punishable as provided in
Chapter 1 , General Provisions, Article I ,
II Penalties . "
(b) Article II , Motorcycles and Other Powered Vehicles
[Ord. No . 80-8 ] .
[ 1 ] Section 316-11B [ former Section 62 . 4B] is
amended to read as follows : "No person shall
operate a motorcycle or powered vehicle on any
off-road public property within the City or
other property owned by the City of Ithaca at
any time unless authorized by an officer of
the City of Ithaca. "
[ 2 ] Section 316 . 12 [ former Section 62 . 10 ] is
amended to read as follows : "Unless otherwise
specifically provided by state statute, any
person who violates any provision of this
Article shall be punished as provided in
Chapter 1 , General Provisions, Article I,
Penalties . "
(28) Chapter 320, Watershed, Article I , Six Mile Creek Gorge
[ 5-2-1984 resolution ] , is amended to add a new Section
320-8 to read as follows : Any person violating any of
the provisions of this chapter shall be punishable as
prescribed in Chapter 1 , General Provisions, Article I ,
Penalties, of this Code. "
(29 ) Chapter 325, Zoning [ former Ch. 301 , is hereby amended as
follows :
(a) The following definitions in Section 325-3B [ former
Section 30 . 31 are amended to read as follows :
GARAGE, PUBLIC REPAIR -- An enclosed space
d e s i g n e d p r i m a r i l y f o r
repair and service of
motor vehicles .
PARKING SPACE ---- An off-street area intended
for parking a vehicle . See Section 325-20 for
standards and specifications for parking space
sizes, locations and requirements .
(b) Section 325-4 [ former Section 30 . 21 ] is amended to
add the following districts :
B-lb Residential Business
B-2b General Business
B-2c General Business
(c) Section 325-20A( 3 ) [ former Section 30 . 37A(3 ) ] is
amended to change the title to "Access" and add the
following: Access drives to parking spaces and
areas shall be kept clear and open to the street at
all times , except as provided under Subsection A( 1 )
above for no more than two ( 2 ) end-to-end spaces .
(d) Section 325-20A( 4 ) (b) [ former Section 30 . 27A( 4) ] is
added to read as follows : "Parking spaces shall be
flat and unobstructed by buildings, walls,
landscape elements or other features, except that
low curbs or wheel stops may be located within or
adjoining a space if such features do not impede
vehicular access to or egress from the parking
space. "
22
251
August 5, 1992
Section 1-13 . Incorporation of provisions into Code.
The provisions of this local law are hereby made Article II of
Chapter 1 of the Code of the City of Ithaca, such local law to be
entitled "General Provisions, Article I , Adoption of Code, " and the
sections of this local law shall be numbered Sections 1-2 to 1-14,
inclusive.
Section 1-14 . When effective .
This local law shall take effect immediately upon filing with
the Secretary of State of the State of New York.
Alderperson Hoffman discussed Police Chief McEwen' s concerns about
sections of the Code regarding Circuses and Curfews being deleted
from the Recodification Local Law. He explained that there is a
Curfew Ordinance on the agenda later for the Council to consider.
After further discussion, with City Attorney Guttman answering
r questions from Council members, the vote on the Local Law resulted
QD as follows :
N Carried Unanimously
m
Z * 15.2 Local Law # --- of 1992 to Amend the Term of Office of the
Mayor from 2 Years to 4 Years
By Alderperson Hoffman : Seconded by Alderperson Efroymson
A Local Law amending the term of the Mayor' s Office from two
(2) years to four (4) years.
BE IT ENACTED by the Common Council of the City of Ithaca, New
York as follows :
SECTION 1. Amending the term of office of the Mayor of the
City of Ithaca from two (2 ) years to four ( 4 ) years .
The first sentence of Section C-10 (A) of the Charter of the
City of Ithaca is hereby amended to read as follows :
[At the general election held in November 1925, and in each
odd-numbered year thereafter, the Mayor shall be elected for a term
of two (2 ) years . ] At the general election held in November 1993,
and every four (4) years thereafter,_ a__Mayor shall be elected for
a term of four (4 ) years .
SECTION 2 . Effective Date .
This Local Law shall take effect upon approval of the electors
of the City of Ithaca at the general election to be held in
November 1992 and filing in the Office of the Secretary of State.
Extensive discussion followed on the floor, with Alderpersons
speaking for or against the legislation. The Mayor recommended
that Council not adopt the, Local Law at this time.
A vote on the Local Law resulted as follows :
Ayes ( 1 ) - Efroymson
Nays (8 ) - Blanchard, Romanowski, Daley, Booth, Berg,
Hoffman, Schroeder, Golder
Motion Fails
II --
23
252
August 5, 1992
*
15.3 Designation of Lead Agency Status for Environmental Review
for Fill, Excavation and Stockpiling"._ Ordinance
By klderper;on Hoffman: Seconded by Alderperson Berg
Designation of Lead Agency Status for Environmental Review
Amending the Municipal Code of the City of Ithaca by adding a new
Chapter 179 to be entitled, "Fill, Excavation and Stockpiling"
WHEREAS, State Law and Section 176 . 6 of the City Code requires that
a lead agency be established for conducting environmental reviews
of projects in accordance with local and state environmental law,
and
WHEREAS, State Law specifies that for actions governed by local
environmental review, the lead agency shall be that local agency
which has primary responsibility for approving and funding or
carrying out the action, and
WHEREAS, the proposed amendment establishing a Fill, Excavation and
Stockpiling Ordinance requires review under the City' s
Environmental Quality Review Ordinance; now, therefore, be it
RESOLVED, That the Common Council does hereby declare itself lead
agency for the environmental review of the proposed amendment to
the Municipal Code of the City of Ithaca.
Carried Unanimously
* 15.4 Environmental Review for "Fill _Excavation and Stockpiling"
Ordinance - Negative Declaration
By Alderperson Hoffman: Seconded by Alderperson Berg
Amendment to the Municipal Code of the City of Ithaca creating
Chapter 179 to be entitled, "Fill, Excavation and Stockpiling"
DECLARATION OF NO SIGNIFICANT ENVIRONMENTAL IMPACT
WHEREAS, an ordinance amending the Municipal Code of the City of
Ithaca by adding a new Chapter 179 to be entitled, "Fill,
Excavation and Stockpiling" requires review under the City' s
Environmental Quality Review Ordinance, and
WHEREAS, appropriate environmental review has been conducted
including the preparation of the Short Environmental Assessment
Form (SEAF) , and
WHEREAS, it appears that the proposed action is an "unlisted"
action under the State Environmental Quality Review Act ( SEQR) ,
including the Part 617 regulations thereunder, and is an
"unlisted" action under the City Environmental Quality Review
Act, and
WHEREAS, it appears that the proposed action will not have a
significant effect on the environment; now, therefore, be it
RESOLVED, That this Common Council , as lead agency in this
matter, hereby does adopt as its own the findings and conclusions
more fully set forth on the Short Environmental Assessment Form
dated August 20, 1992 and be it further
RESOLVED, That this Common Council , as lead agency, hereby does
determine that the proposed action at issue will not have a
significant effect on the environment, and that further
environmental review is unnecessary under the circumstances, and
be it further
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253
August 5, 1992
RESOLVED, That this resolution shall constitute notice of this
negative declaration and the City Clerk be and she is hereby
directed to file a copy of the same, together with the
attachment, in the City Clerk' s Office and forward the same to
any other parties as required by law.
Carried Unanimously
* 15. 5 An Ordinance Adding a New Chapter_ 179 to be Entitled
"Fill, Excavation and Stockpiling"
By Alderperson Hoffman : Seconded by Alderperson Berg
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF ITHACA BY
ADDING A NEW CHAPTER 179 TO BE ENTITLED "FILL, EXCAVATION AND
STOCKPILING" WHICH CHAPTER PROVIDES FOR THE REGULATION OF
EXCAVATION AND FILL, AUTHORIZES PERMITS BY THE BUILDING
COMMISSIONER IN CERTAIN CIRCUMSTANCES AND PROVIDES FOR PENALTIES
FOR VIOLATION OF THE CHAPTER.
BE IT ORDAINED AND ENACTED by the Common Council of the City
( of Ithaca as follows :
N SECTION 1 . The Municipal Code of the City of Ithaca is
CO hereby amended by adding thereto a new chapter to be Chapter 179
z entitled "Fill, Excavation and Stockpiling" to read as follows :
Article I . General Provisions .
Section 179-1 . Title. This chapter shall be known and may
be cited as the "City of Ithaca Site Work Ordinance. "
Section 179-2 . Definitions .
As used in this chapter, unless the context or subject
matter otherwise requires, the following terms shall have the
meanings indicated:
FILL - non-combustible, earth-like materials including sod,
loam, sand, gravel, stone or similar materials . Fill shall not
include sludge or any metallic putrescible or combustible
materials .
PARCEL - a portion of land, considered as a unit, devoted to
a certain use or occupied by a building or group of buildings
that are united by a common interest or use and the customary
accessories and open spaces belonging to the same.
PUBLIC WORK - a project of the City of Ithaca, Public Works
Department .
Article II . Permit procedure for fill or excavation.
Section 179-3 . No person shall deposit on or remove from any
parcel in any one twelve ( 12 ) -month period more than 50 (fifty)
cubic yards of fill, except in connection with a public work on
the parcel or the removal of silt or other recently accumulated
materials that block normal flow of a watercourse, without a
permit issued by the Building Commissioner .
Section 179-4 . The Board of Public Works shall ensure that
in connection with every project of the Department of Public
Works in which more than fifty (50 ) cubic yards of fill are
deposited on or removed from any parcel that the project is
designed and carried out in a manner which promotes and protects
the objectives and policies behind this ordinance.
II �-
25
254
August 5, 1992
Section 179-5 . In applying for such permit, the applicant
shall submit to the Building Commissioner a plan of the proposed
project showing the owner' s full name and address, the property
lines, adjacent public ways and abutting properties, the street
access to the site, the amount of fill to be deposited or
removed, the grades and depths of the proposed deposit or
removal, soil types or fill types to be deposited or removed,
erosion control during and after construction, projected duration
of the project, proposed regrading and replanting of the property
upon completion of the project and such other items as the
Building Commissioner may reasonably require to adequately review
the proposed project . Where application is made by a person
other than the owner of the parcel , the application shall be
accompanied by an affidavit of the owner that the proposed work
is authorized by the owner and that the applicant is authorized
to make such application.
Section 179-6 . A) The Building Commissioner shall grant a
permit for such fill and/or excavation provided that the plan of
the proposed project complies with all provisions of this
Chapter, demonstrates that the property and the surrounding
properties will be protected from significant adverse
consequences of sudh deposits or removal, including when
completed, adverse drainage, erosion, visual or other adverse
impacts .
B) In considering whether to grant such a permit, the
Building Commissioner shall take into account, in addition to the
factors set forth in this Chapter, the distance of the operation
from neighboring properties and public ways, the possible
detriment of such use to the future development of the land in
question and significant nuisance or detriment of the operation
to neighboring landowners and the community as a whole.
C) The Building Commissioner may impose such conditions
upon the applicant as the Building Commissioner deems necessary
to protect the general welfare of the community, which may
include a time limit upon operations , standards for performance
such as rapid stabilization of the soil by seeding or other means
at any stage during the project and/or a requirement that a
performance bond in an amount determined by the Building
Commissioner be posted to insure compliance with the requirements
of this chapter and with any other further reasonable provisions
imposed by the Building Commissioner .
Section 179-7 . The plan submitted by the applicant shall
provide for adequate grading and for replanting or revegetation
Of the site within six ( 6 ) months after the completion of the
removal or deposit, as the case may be, or within two (2 ) years
after the commencement of operations , whichever date first
occurs . The applicant shall be responsible for the successful
replanting or revegetation of the site .
Section 179-8 . This article shall not apply to the
stockpiling of fill or other materials for sale or resale, nor
shall it apply to• the maintenance of existing driveways or
parking lots or to the application of sod on existing lawn areas,
nor shall it apply to a project which is reviewed in Chapter 276,
Site Development Plan Review, provided, however, that it shall
apply to projects subject to Site Development Plan Review until
Site Development Plan Review approval has been issued. This
article shall also not apply to a project for which a building
permit has been issued where the deposit or excavation of fill is
included within the work covered by such permit, provided that in
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255
August 5, 1992
determining whether to issue such a building permit, the Building
Commissioner shall be entitled to receive the information
contained in Section 179-5; shall consider the factors referred
to in Section 179-6; and shall be authorized to impose the
conditions referred to in Section 179-6 .
Article III . Procedure for stockpiling for sale or resale.
Section 179-9 . No person shall deposit on any parcel more
than fifty (50) cubic yards of fill or other materials for sale
or resale, except in connection with a public work on the
property, without a permit to be granted by the Building
Commissioner.
Section 179-10 . In applying for such permit, the
applicant shall submit to the Building Commissioner a plan of the
proposed stockpiling for sale or resale showing the owner's full
name and address, the actual property lines of the parcel and the
location on the parcel where the material will be deposited and
r stored, the adjacent public ways and abutting properties, the
amount of material to be stored, the projected duration of the
N storage of such material, procedures to prevent blowing or
m dispersal of the material or the material otherwise being
z transported off the site by wind or water and such other
information as the Building Commissioner may reasonably require
to adequately review the proposed project . Where application is
made by a person other than the owner of the parcel, the
application shall be accompanied by an affidavit of the owner
that the proposed project is authorized by the owner and that the
applicant is authorized to make such application.
Section 179-11 . The Building Commissioner shall grant a
permit for stockpiling for sale or resale provided that the plan
of the proposed project complies with all the provisions of this
Chapter and demonstrates that the parcel and the surrounding
properties will be protected from significant adverse
consequences of such stockpiling. The Building Commissioner may
impose such conditions on the applicant as the Building
Commissioner deems necessary to protect the general welfare of
the community which may include a time limit upon operations,
standards for performance, such as rapid stabilization of the
soil by seeding or other means at any stage during the project
and a requirement that a performance bond in an amount to be
determined by the Building Commissioner be posted to insure
compliance with the requirements of this Chapter and with any
other further reasonable provisions imposed by the Building
Commissioner.
Section 179-12 . This article shall not apply to the
deposit of fill or other materials for sale or resale where the
fill or materials will be stored within a building.
Article IV. Application fees .
Section 179-13 . An application fee shall be charged for
each fill or excavation permit and each stockpiling permit that
is reviewed by the Building Commissioner . The fee for a fill or
excavation permit when one hundred ( 100) or more cubic yards of
fill are being deposited or removed shall be one hundred
( $100 . 00 ) dollars . The fee for a stockpiling permit or for a
fill or excavation permit where less than one hundred ( 100 ) cubic
yards are fill are being deposited or removed shall be twenty-
five ( $25 . 00 ) dollars .
II --
27
256
August 5, 1992
Article V. Penalties .
SectioV 179-14 . Penalties for offenses . Any person who
sha11 violate any provision of this chapter shall be guilty of an
offense punishable as provided in Chapter 1 , General Provisions,
Article I, Penalties . Each day or part thereof of continued
violation constitutes a separate offense unless otherwise
provided herein.
SECTION 2 . Severability. If any provision of this
ordinance is held invalid by a court of competent jurisdiction,
such invalidity shall not affect any other provisions of this
ordinance but shall remain in full force and effect .
SECTION 3 . Effective date . This ordinance shall take
effect immediately and in accordance with law upon publication of
a notice as provided in the Ithaca City Charter.
Alderperson Hoffman stated for the record that the ordinance adds
. some regulation of filling, excavation or stockpiling of
materials within the City by private entities other than the City
itself. He said that the Department of Public Works is not held
to the letter of the law, although they are urged to follow the
spirit of the law. A permit would be required for filling or
excavation for stockpiling of a certain magnitude and the
Building Commissioner would be setting conditions that would
protect the environment from erosion or blowing of materials or
any other impact on a neighborhood.
A vote on the resolution resulted as follows :
Ayes ( 8) - Romanowski, Efroymson' , Daley, Booth, Schroeder,
Golder, Hoffman, Berg
Nay ( 1 ) - Blanchard
Carried
* 15. 6 An Ordinance Amending Chapter 250 Entitled "Peace and
Good Order" of the City of Ithaca Municipal Code
By Alderperson Hoffman: Seconded by Alderperson Berg
An ordinance amending Chapter 250 entitled "Peace and Good
Order" of the City of Ithaca Municipal Code.
BE IT ORDAINED AND ENACTED by the Common Council of the City
of Ithaca, New York, as follows :
Section 1. That Chapter 250 entitled "Peace and Good
Order" of the City of Ithaca Municipal Code is amended as
follows :
1 . That Section 250-9 entitled "Penalties for Offenses" is
hereby renumbered to read Section 250-10 ,
2 . That a new subdivision to be known and designated as
Section 250-9 entitled "Curfew" is hereby added to said Chapter
to read as follows :
"A. Established.
it shall be unlawful for any minor actually or
apparently under the age of si,,•teen ( 16 ) years to be abroad or in
the public streets, lanes, alleys, parks or other public places
in the City after the hour of 12 o' clock midnight, unless
accompanied by the parent or guardian or other adult person
having authorized charge and control of such minor, or unless
such minor is in the performance of an errand or duty directed by
said parent, guardian or other person having the care and custody
of such minor person, or unless the business or employment of
such minor, engaged in with the consent of the parent or guardian
or other custodian of such minor, makes it necessary to be upon
the streets, or other public places in said City after the hours
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257
August 5, 1992
specified herein; provided, however, that this exception shall
not apply when such minor shall be playing or unnecessarily
loitering in or upon any street or other public places in said
City.
B. Responsibility.
Any such minor who shall be found on any street or
other public place within the City except as hereinbefore
provided, shall be taken home by any police officer of the City
who shall then and there investigate the facts and circumstances
and make report thereof in writing, and any parent, guardian or
other custodian of such minor who shall permit such minor to be
abroad upon the streets or other public places of the City after
the hours aforesaid contrary to the provisions of the section and
after such minor shall have once been brought home by a police
officer, shall be guilty of a violation. "
Section 2 . This ordinance shall take effect immediately
r and in accordance with law upon publication of a notice as
(C) provided in the Ithaca City Charter .
N
Co Alderperson Hoffman explained that the Police Chief has stated
Z that he was not aware that the Charter and Ordinance Committee
proposed to remove the curfew from the City Code . The Police
Chief has requested that the curfew be put back into the Code or
defer the recodification .
Amending Resolution
By Alderperson Romanowski : Seconded by Alderperson Daley
RESOLVED, That at the end of Section 2 , the following words be
added: "provided however that unless extended the provisions of
this ordinance shall automatically expire 90 days after this
ordinance becomes effective. "
Extensive discussion followed on the floor .
A vote on the amendment resulted as follows :
Ayes ( 8) - Blanchard, Romanowski, Daley, Golder, Hoffman,
Berg, Efroymson, Schroeder
Nay ( 1) - Booth
Carried
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows :
Ayes ( 6) - Blanchard, Romanowski, Daley, Johnson, Booth,
Hoffman
Nays ( 3 ) - Golder, Efroymson, Schroeder
Carried
Recess
Common Council recessed at 8 : 50 p.m. and reconvened at 9 : 00 p.m.
PLANNING AND DEVELOPMENT COMMITTEE:
* 16. 1a Local Law - "Sewer Use Requirements" - Designation of
Lead Agency Status for Environmental Review
By Alderperson Schroeder: Seconded by Alderperson Efroymson
DESIGNATION OF LEAD AGENCY STATUS for Environmental Review
for a Local Law Adding Chapter 263 Entitled ` Sewer Use
Requirements ' to the City of Ithaca Municipal Code
WHEREAS, State Law and Section 176 . 6 of the City Code requires
that a lead agency be established for conducting environmental
reviews of projects in accordance with local and state
environmental law, and
29
258
August 5, 1992
WHEREAS, State Law specifies that for actions governed by local
environmental review, the lead agency shall be that local agency
which has priiAary responsibility for approving and funding or
carrying out the action, and
WHEREAS, the proposed Local Law adding Chapter 263 entitled
` Sewer Use Requirements ' to the City of Ithaca Municipal Code
requires review under the City' s Environmental Quality Review
Ordinance; now, therefore, be it
RESOLVED, That the Common Council does hereby declare itself lead
agency for the environmental review of the proposed amendment to
the Municipal Code of the City of Ithaca.
Carried Unanimously
* 16. 1b Declaration of No Significant Environmental Impact
By Alderperson Schroeder: Seconded by Alderperson Blanchard
DECLARATION OF NO SIGNIFICANT ENVIRONMENTAL IMPACT for a Local
Law Adding Chapter 263 Entitled ' Sewer Use Requirements ' to the
City of Ithaca Municipal Code .
WHEREAS, a Local Law adding Chapter 263 entitled ` Sewer Use
Requirements ' to the City of Ithaca Municipal Code requires
review under the City' s Environmental Quality Review Ordinance,
and
WHEREAS, appropriate environmental review has been conducted
including the preparation of the Short Environmental Assessment
Form (SERF) , and
WHEREAS, it appears that the proposed action is an "unlisted"
action under the State Environmental Quality Review Act ( SEAR) ,
including the Part 617 regulations thereunder, and is an
"unlisted" action under the City Environmental Quality Review
Act, and
WHEREAS, it appears that the proposed action will not have a
significant effect on the environment; now, therefore, be it
RESOLVED, That this Common Council , as lead agency in this
matter, hereby does adopt as its own the findings and conclusions
more fully set forth on the Short Environmental Assessment Form
dated July 1 , 1992 and be it further
RESOLVED, That this Common Council , as lead agency, hereby does
determine that the proposed action at issue will not have a
significant effect on the environment, and that further
environmental review is unnecessary under the circumstances, and
be it further
RESOLVED, That this resolution shall constitute notice of this
negative declaration and the City Clerk be and she is hereby
directed to file a copy of the same, together with the
attachment, in the City Clerk' s Office and forward the same to
any other parties as required by law.
Carried Unanimously
* 16. 1c Local Law # 4 of 1992 Addinq Chapter. 263 Entitled "Sewer
Use Requirements" to the City of Ithaca Municipal Code
By Alderperson Schroeder : Seconded by Alderperson Blanchard
LOCAL LAW NO. 4 OF THE YEAR 1992
Local Law #4 of the year 1992 adding Chapter 263 entitled ' Sewer
Use Requirements ' to the City of Ithaca Municipal Code
RESOLVED, That Local Law #4 ' Sewer Use Requirements ' be enacted
as follows :
1 n
259
August 5, 1992
ARTICLE I - GENERAL PROVISIONS
I . 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 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 . Additional municipalities may
in the future join in the ownership of this wastewater collection
and treatment system.
(2 ) To prevent the introduction of -pollutants into the
't— municipalities ' publicly owned treatment works ( "POTW" ) which
will .
(V (a) interfere with its operations, including
m interference with the use or disposal of municipal
sludge;
(b) Pass Through or otherwise be incompatible with
the POTW;
(c) limit opportunities to recycle and reclaim
municipal and industrial wastewaters and sludges;
or
(d) endanger the health or safety of sewer
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 POTW in the
municipalities and to persons who are, by resolution, agreement,
contract, or permit with the municipalities, Special Joint
Subcommittee, or POTW, Users of the POTW.
2 . Administration
Except as otherwise provided herein, the Special Joint
Subcommittee and its representative, the Chief Operator, 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 Special Joint Subcommittee shall
keep officials in the City of Ithaca, Town .of Ithaca, Town of
Dryden, and any other municipality which contracts with the
municipalities or Special Joint Subcommittee to discharge
wastewater to the POTW, reasonably informed of implementation and
enforcement activities involving Users located in their
respective municipalities, and shall consult with such officials
in appropriate implementation and enforcement activities with
respect to Users located in their respective municipalities .
3 . Definitions and Word Usage
� I
A. Definitions .
Unless the context specifically indicates otherwise, the
following terms and phrases, as used in this law, shall have the
meanings hereinafter designated:
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260
August 5, 1992
( 1 ) Act. The Federal Water Pollution Control Act,
also known as the Clean Water Act, as amended, 33 U. S .C. Ss 1251
et sea- , 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 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 Chief Operator.
(4) Five Day Biochemical _Oxy_gen Demand ( "BODSt. 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/1 ) ) ..
(5) Bypass . The intentional diversion of wastestreams
from any portion of an Industrial User ' s treatment facility.
( 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 and approved by the Special Joint Subcommittee to
supervise the operation of the POTW, or his or her duly-
authorized representative, including the Pretreatment
Coordinator. The Chief Operator or his or her representative
shall be the Special Joint. Subcommittee' s authorized agent and
representative in the administration and enforcement of this law.
(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 .
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261
August 5, 1992
( 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 POTW only sanitary sewage .
( 14 ) EPA. The U. S . Environmental Protection Agency.
( 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 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 .
r ( 18 ) Industrial Waste . Any liquid, gaseous, or solid
waste substance, or a combination thereof, resulting from any
N process of industry, manufacturing, trade, or business, from any
m process related to services or activities performed by any public
or private institution or facility, or from the development or
z 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 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 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 POTW in accordance with applicable federal, state, or
local statutes and regulations or permits issued thereunder, as
set forth in 40 C.F.R. Ss 403 . 3 ( 1) .
(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 . "Municipality" used
in the singular form shall mean any one of the municipalities .
(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. Ss 403 . 5, and Categorical Pretreatment
Standards .
(22 ) New Source . Any building, structure, facility,
or installation, as described in 40 C. F. R. Ss 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 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 POTW' s SPDES Permit ( including an increase
in the magnitude or duration of a violation) . -
I � -
( 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
33
262
August 5, 1992
gender shall include the feminine, and the singular shall include
the plural where indicated by the context .
II
(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 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 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. Ss 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.
This term shall include general and specific discharge
prohibitions and pollutant limitations imposed by this law or
other local laws .
(29 ) Publicly Owned Treatment Works or 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 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 which convey wastewater to the POTW' s Treatment
Plant. For the purposes of this law, POTW shall also include any
sewers and other facilities that convey wastewater to the POTW
Treatment Plant from persons who are, by permit, resolution,
contract, or agreement with the municipalities, Special Joint
Subcommittee, or POTW, Users of the POTW.
( 30 ) POTW Treatment Plant. That portion of the 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. All 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 not contain pollutants which the Chief Operator determines
may cause problems at the POTW.
( 34 ) Sewer. A pipe or conduit that carries
wastewater.
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August 5, 1992
( 35 ) Sewerage System. Any device, equipment, or works
used in the transportation, pumping, storage, treatment,
recycling, and reclamation of wastewater.
( 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 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 POTW treatment plant; or is designated as such by
the Chief Operator on the basis that the Industrial User has a
reasonable potential for adversely affecting the 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 POTW' s
operation, the Chief Operator may at any time, upon his or her
T— own initiative or in response to a petition received from an
Industrial User, and in accordance with 40 C.F.R. Ss 403 . 8 (f) ( 6) ,
N determine that such Industrial User is not a Significant
m Industrial User. Such a determination may not be made, however,
Z 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. Ss 1342, and Article 17 of the New York
Environmental Conservation Law.
(40) Special Joint Subcommittee . A subcommittee of
the City of Ithaca' s Board of Public Works which is charged with
oversight of the POTW, as provided for by agreement among the
City of Ithaca and Towns of Ithaca and Dryden . This subcommittee
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 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 POTW.
(44) Wastewater. The liquid and water-carried
industrial, non-domestic or domestic wastes, including sewage,
industrial waste, other wastes, or any combination bbereof, 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 POTW.
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August 5, 1992
(45 ) Wastewater Discharae__Permit or Permit. The
document issued to Industrial Users by the Chief Operator for the
discharge of Oastewater, as set forth in Section 15 of this law.
(46 ) 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 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 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 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 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 POTW was regularly in compliance with
its SP,DES 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 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 Chief Operator as
storm sewers, or directly to waters of the State, as may be
permitted under an applicable SPDES permit. All existing
discharges to the 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 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 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 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 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.
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August 5, 1992
(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 POTW or be injurious in any other way to
the POTW
, its operation, or the health or safety of the POTW's
workers . At no time shall a User discharge a wastestream with a
closed cup flashpoint of less than 140 degrees Farenheit or 60
degrees Centigrade using the test methods specified in 40 C. F.R.
Ss 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 Chief Operator, DEC, or the EPA has
notified the User is a fire hazard or explosive hazard to the
system.
(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 POTW
including, but not limited to: grease, garbage with particles
N greater than one-half inch ( 1/2 " ) in any dimension, animal guts
m or tissues, paunch manure, bones, hair, hides or fleshings,
entrails, whole blood, feathers, ashes, cinders, sand, spent
Z 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 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
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 POTW or treatment plant workers,
will not cause Pass Through or Interference, and will not raise
the costs of operating the POTW.
(E) Wastewater containing pollutants in sufficient
quantity or concentration to cause the discharge of toxic
Pollutants in toxic amounts from the 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.
(F) Any pollutants which, either singly or by
interaction with other wastes, result in the presence of toxic
gases, vapors, or fumes within the POTW in a quantity that may
cause 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 POTW for
maintenance and repair.
(G) Any substance which may cause the POTW' s effluent
or other product of the 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 POTW
cause the POTW to be in noncompliance with sludge use or disposal
criteria, guidelines, or regulations developed underl $ection 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.
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August 5, 1992
(H) Any pollutants, including oxygen demanding
pollutants (BqD, etc. ) released in a Discharge at a flow rate
and/os polluthnt concentration which will cause Interference with
the 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 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) , unless the Approval
Authority, upon request of the POTW, approves alternate
temperature limits .
(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, except at
discharge points designated by the POTW.
6. Specific Pollutant Limitations
In addition to the discharge prohibitions set forth in
sections 4 and 5 above, the POTW has developed specific discharge
limitations, hereafter referred to as local limits, to prevent
Pass Through and Interference and to protect the safety and
health of POTW workers . In no case shall a User' s discharge to
the POTW violate the local limits, as they may be amended from
time to time, and which are set forth in separate laws adopted by
the municipalities .
7 . Categorical Pretreatment Standards
Where Categorical Pretreatment Standards which EPA has
promulgated for specific industrial subcategories are more
stringent than the 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 Categorical Pretreatment Standard
for a particular industrial subcategory, and that modified or new
Categorical Pretreatment Standard contains limitations more
stringent than the local limits , then upon its effective date the
modified or new Categorical Pretreatment Standard shall
immediately supersede, for Industrial Users in that subcategory,
the local limits . The Chief Operator 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. Ss 403 . 7 , where the POTW achieves
consistent removal of pollutants limited by a Categorical
Pretreatment Standard, the Special Joint Subcommittee may apply
to the Approval Authority for modification of the discharge
limits for a .specific pollutant covered in the relevant
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August 5, 1992
Categorical Pretreatment Standard in order to reflect the POTW' s
ability to remove said pollutant . The Special Joint Subcommittee
may modify pollutant discharge limits contained in a Categorical
Pretreatment Standard only if the requirements of 40 C.F.R. Ss
403 . 7 are fulfilled and prior approval from the Approval
Authority is obtained.
B. Pursuant to 40 C. F. R. Ss 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
T federal requirements and limitations or local limits .
QD
N 10. Right of Revision
m The municipalities reserve the right to establish by
Z amendment to this or other local laws more stringent limitations
or requirements on discharges to the POTW if deemed necessary to
comply with the objectives presented in Section 1 (A) of this law.
The 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
both the 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
A. Where appropriate, the Chief Operator 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 Chief Operator 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. Ss 403 . 6 (e) .
13 . Pretreatment
Each Industrial User shall provide necessary wastewater
treatment as required to comply with the requirementislof 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 Chief Operator for
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August 5, 1992
review, and shall be acceptable to the Chief Operator before
construction of the facility. The review of such plans and
oper-ating pr16cedures 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 Chief Operator prior to the User' s initiation
of such changes . Bypasses are prohibited, except as allowed by
40 C.F.R. Ss 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 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 Chief Operator for review, and shall be approved
by the Chief Operator 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 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 Chief
Operator. 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 the 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.
C. Written Notice. Within five ( 5) days following an
accidental discharge, the Industrial User shall submit to 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 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 .
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August 5, 1992
ARTICLE III - WASTEWATER DISCHARGE PERMITS
15. Permit Required
All significant Industrial Users, and all other Industrial
Users which discharge any conventional pollutants in excess of
the surcharge threshold levels described in Section 47 below,
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 . 0
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 Chief Operator 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
T obtain such a Permit, shall file an application for said
(� Wastewater Discharge Permit with the Chief Operator within thirty
(V ( 30 ) days of notification by the Chief Operator that the User
m must obtain a Permit . All Industrial Users which are required to
z have such a Permit and which propose to begin discharging
wastewater to the 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 Chief Operator at least sixty ( 60) 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 Chief Operator an application in the form prescribed by the
Chief Operator, and accompanied by the appropriate fee as
indicated on the application . In support of the application for
a Wastewater Discharge Permit, the Chief Operator 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) ;
(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 Sections 6 and 47 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;
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August 5, 1992
(F) Site plans, floor plans, mechanical and plumbing
plans, and details to show all sewers, sewer connections , and
appurt enanceslIby 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 (0&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 .
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 Chief Operator
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 Chief Operator.
(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;
(0) Any other information as may be deemed by the
Chief Operator to be necessary to evaluate the permit
application.
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August 5, 1992
The Chief Operator shall evaluate the data furnished by the
Industrial User and may require additional information. After
evaluation and acceptance of the data furnished, the Chief
Operator 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 municipalities or Special Joint
Subcommittee. 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 POTW;
(B) Limits on average and maximum wastewater
constituents and characteristics, based on applicable National
r Pretreatment Standards and Pretreatment Requirements .
N (C) Limits on average and maximum rate and time of
m discharge, and requirements for flow measurement, regulation, and
equalization;
(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 0&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 'Chief Operator access thereto
for inspection and copying;
( I ) Requirements for advance notification to the Chief
Operator of any change in operations, and for advance approval by
the Chief Operator 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
Chief Operator of all discharges that could cause problems to the
POTW, including any slug discharges and any other accidental
discharges;
(K) A statement of the Chief Operator' s right to enter
Industrial Users ' premises and inspect their facilities and
operations;
(L) A statement of Permit duration in actordance with
Ss 19 hereof, and in no case more than five (5 ) years;
(M) A statement of Permit transferability in accordance
with Ss 20 hereof;
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August 5, 1992
(N) A statement of applicable civil and criminal
penalties for violation of Pretreatment Standards and
Pretreatment Riequirements, and of any applicable compliance
schedule;
(0) Other conditions as deemed appropriate by the
Chief Operator to ensure compliance with this law and the Act .
18 . Permit Modifications
Wastewater Discharge Permits may be modified by the Chief
Operator 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 POTW;
D. Changes to the POTW' s SPDES permit; and
E. Discovery that the permitted discharge causes or
contributes to Pass Through or Interference at the POTW or poses
a risk to POTW worker health or safety.
Any modifications or amendments to the Wastewater Discharge
Permit which include more stringent ].imitations 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 Chief Operator, at least ninety ( 90 ) 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 Chief
Operator, 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 Chief Operator 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 with the terms and conditions of the existing
Wastewater Discharge Permit and all of the terms and requirements
of this law.
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August 5, 1992
21 . Permit Decisions
A. The Chief Operator shall provide 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 Special Joint Subcommittee
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 Chief Operator' 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
N not be stayed pending the Special Joint Subcommittee' s review of
m the petition. The Special Joint Subcommittee' s decision
z 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 or the Chief Operator . The Chief Operator 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. Ss 403 . 12 (b) .
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 POTW.
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, or, in the case
of a New Source, after commencement of the discharge into the
POTW. All such Industrial Users shall submit such reports to the
Chief Operator 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 pollutantsil,imited by a
Pretreatment Standard, Pretreatment Requirement, or Wastewater
Discharge Permit, if the sampling and analyses were performed in
accordance with Ss 24 of this law, even if the sampling was
performed more frequently than required by the Pretreatment
Standard, Pretreatment Requirement, or Wastewater Discharge
Permit.
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274
August 5, 1992
D. Compliance Schedule Reports , to be submitted by all
Industrial Users required to submit compliance schedules or who
have oompliandle schedules imposed on them by the Chief Operator .
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 Ss 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 Chief Operator .
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 Chief Operator 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 POTW, including slug loadings and accidental
discharges, to be submitted by all Industrial Users to the 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 POTW within five (5 ) days .
H. Notification of violation, as described in Ss 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. Ss 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 Chief Operator within
twenty-four ( 24) hours of the Industrial User' s 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 mist comply with all requirements of 40 C.F.R. Ss
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. Ss 403 . 17 .
K. Notification of hazardous waste discharge:
(i) (a) All Industrial Users shall notify the Chief
Operator, 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 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
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
46
275
August 5, 1992
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 Chief Operator in advance, in
accordance with Ss 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.
r ( 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
Z in 40 C. F.R. SsSs 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. SsSs 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 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 .
(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 Chief Operator
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 b]� jan -
Authorized Representative of the Industrial User.
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276
August 5, 1992
24. Monitoring and Analysis
A. If tie Industrial User' s sampling indicates a violation,
the User shall notify the Chief Operator 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 Chief Operator within thirty ( 30) days
after becoming aware of the violation . The Industrial User is -`
not required to resample, however, if the Chief Operator performs
sampling at the Industrial User ' s facility at a frequency of at
least once per month, or if the Chief Operator 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 Chief Operator, the required monitoring and
analysis may be performed by the POTW 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 POTW
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 Chief Operator
or other parties, approved by the EPA.
25. Recordkeeping Requirements
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 Enalyses 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
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277
August 5, 1992
and copying by EPA, DEC, and the Chief Operator. This period of
retention shall be extended during the course of any unresolved
litigation regarding the discharge of pollutants by the
Industrial User or the POTW, or when requested by EPA, DEC, or
the Chief Operator.
26. Monitoring Facilities
The Chief Operator 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 Chief Operator 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 Chief
Operator to allow direct access by 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
T sampling and monitoring facilities shall be provided in
accordance with the Chief Operator ' s requirements and all
N applicable local construction standards and specifications .
W Construction shall be completed within ninety ( 90) days following
z written notification to the Industrial User by the Chief Operator
that such facilities must be built.
27 . Inspection and Sampling
A. The Chief Operator may inspect the facilities of any
Industrial User to ascertain whether the purposes and
requirements of this law and the Act are being met. ' Persons or
occupants of premises where wastewater is created or discharged,
or where records pertaining to such discharges are kept, shall
allow 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, 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 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 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 POTW representative
for analysis .
28. Slug Control Plans
At least once every two years, the Chief Operator 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 Chief Operator determines to be necessary, including, but not
limited to:
II --
(A) A description of discharge practices, including
non-routine batch discharges;
(B) A description of stored chemicals;
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August 5, 1992
(C) Procedures for immediately notifying the POTW of
slug discharges, including any discharge that would violate a
prohibition under 40 C.F.R. Ss 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. Ss 403 . 8( f) ( 2 ) (v) (D) .
29. Confidential Information
A. In accordance with 40 C .F. R. Ss 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 which is
effluent data, as defined at 40 C.F . R. Ss 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. Ss 2 . 302 .
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. Ss 2 . 302 , but shall be made available upon written request
to governmental agencies for uses related to this law and the
POTW' s SPDES Permit . Information determined to be confidential
shall be available for use by the State or any state agency, the
municipalities , the Special Joint Subcommittee, the POTW, or by
the United States or EPA in criminal or civil judicial or
administrative enforcement proceedings involving the User.
ARTICLE V - SEPTAGE DISCHARGES
30. Septage Hauler Requirements
No person shall discharge septage into the POTW' s Treatment
Plant without a valid DEC permit issued under 6 N.Y.C.R.R. Part
364 and a Wastewater Discharge Permit issued by the POTW. Before
discharging a load of septage into the Treatment Plant, the
septage hauler shall provide the POTW with a list of persons and
facilities from which the hauler picked up septage for that load,
a statement of the volume and nature of the septage, and any
other information requested by the Chief Operator.
31 . Septage Discharge Requirements
No person shall discharge into the POTW' s Treatment Plant
any septage containing hazardous wastes . The Chief Operator has
the discretion to refuse to accept any septage load based on the
type, concentration, or quantity of pollutants, or on the
capability or capacity of the POTW to treat the septage. All
septage discharges must comply with all Pretreatment Standards
and Pretreatment Requirements .
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279
August 5, 1992
32 . Dumping Location and Timing
No person may discharge septage to any locations except
those on the POTW treatment plant site designated by the POTW as
Septage Receiving Stations, or those locations off the treatment
plant site at which the POTW has given the septage hauler
specific permission to discharge . The Chief Operator also may
restrict septage discharges to certain times, to certain days of
the week, or to certain seasons of the year .
33 . Notification of Dumping
Each discharge of septage shall be made only with the
approval of the Chief Operator. The septage hauler shall contact
the POTW to obtain permission to discharge septage containing
materials other than sanitary sewage prior to delivering the
septage load to the POTW. The Chief Operator may require
inspection, sampling, and analysis of each load of septage prior
to the discharge of the load. Any costs associated with such
i— inspection, sampling, and analysis shall be paid by the septage
(D hauler.
N
m 34. Dumping Fees
Z The Special Joint Subcommittee shall bill Tompkins County
G for dumping fees associated with the discharge of septage from
L private sources, pursuant to a schedule of rates as set by the
Special Joint Subcommittee. The Chief Operator shall directly
bill the relevant governmental entity for dumping fees associated
with the discharge of septage from public entities . All dumping
fees shall include a fee for the cost of solids disposal .
ARTICLE VI - ENFORCEMENT
35. Imminent Endangerment
The Chief Operator 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 Chief Operator determines that a discharge of
pollutants reasonably appears to present an imminent endangerment
to the health or welfare of persons , the Chief Operator 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 Chief Operator within forty-eight (48 ) hours
of receipt of notice of the Chief Operator' s determination. If
said User fails voluntarily and immediately to halt such a
discharge, the Chief Operator 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 Chief Operator 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 Chief Operator may reinstate the Permit,
restore the sewer connection and wastewater disposal service-,- and
perform other activities to allow the User to commence
discharging again.
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August 5, 1992
36 . Other Harmful Discharges
The Chief Operator 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
POTW; or
(C) Threatens to Pass Through the POTW. In the event
of such a discharge, the Chief Operator 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 Chief Operator within twenty-
four (24 ) hours after delivery of such written notice, then the
Chief Operator may undertake such actions, including those
described in Section 35, 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 Chief Operator 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 POTW. If the User thereafter
provides satisfactory written proof that it has eliminated the
cause of the conditions creating the harmful discharge, then the
Chief Operator may perform activities to allow the User to
commence discharging again.
37 . Publication of List of Violators
The Special Joint Subcommittee 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. Ss 403 . 8(f) (2 ) (vii) .
38. Compliance Orders
The Chief Operator 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
Chief Operator;
(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.
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August 5, 1992
39. Suspension and Revocation of Permit
A. This section shall govern the ability of the
municipalities to suspend or revoke any Wastewater Discharge
Permit to any Industrial User in all situations except those
described in Sections 35 and 36 of this law regarding discharges
which present imminent endangerment or which constitute harmful
discharges . In all other situations, the municipality in which
the Industrial User is located (or any of the municipalities, if
the Industrial User is located outside the municipalities) 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 . Unless and until all of the municipalities are named
on the POTW' s SPDES permit, the City of Ithaca shall also have
the power to suspend or revoke Wastewater Discharge Permits for
all Industrial Users located outside the City of Ithaca.
Violations which may lead to such suspension or revocation
include, but are not limited to, the following:
T ( i) Failure of an Industrial User to accurately or
timely submit the information required in any report;
N
�] (ii) Failure of an Industrial User to allow access to
Z its premises for the purposes of inspection, monitoring,
sampling, or records examination or copying by the 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 relevant municipality 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
41 below. The final decision as to whether to suspend or revoke
a Permit shall then be made by the municipality and shall be a
final administrative action .
40. Notice of Violation
A. Whenever the Chief Operator 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 Chief Operator may include with
the Notice of Violation a Compliance Order directing the User to
take specified actions to correct the violations . The Chief
Operator or relevant municipality, as described in Section 39
above, may also include with the Notice of Violation an Order to
Show Cause before the municipality 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 municipality against the Industrial User for said violations .
Any such Show Cause hearing shall be conducted in accordance with
the provisions of Ss 41 of this law.
B . Within thirty ( 30 ) days of the date of the Notice, the
User shall submit to the Chief Operator a written explanation of
the reasons for the violations and a plan for the satisfactory
correction thereof consistent with any Compliance Order whic-r the
Chief Operator 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,
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282
August 5, 1992
Pretreatment Requirements, Wastewater Discharge Permit, the Act,
or this law, nor is the issuance of such a written notice
requi-red before the Special Joint Subcommittee or municipalities
may take any other type of enforcement action against the
Industrial User.
41. Show Cause Hearing
A. Notice Requirements . A notice from the Chief Operator
or relevant municipality shall be served on the User specifying
the time and place of a hearing to be held by the municipality
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 municipality 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 municipality shall conduct
the hearing and take the evidence, or may designate any of its
members, the Special Joint Subcommittee, or the Chief Operator
to:
(i) Issue in the name of the municipality 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 municipality 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 municipality 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
municipality, 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 aid before the municipality has issued
its order regarding permit suspension or revocation or penalty
assessment, the municipality may enter into a Settlement
Agreement with the Industrial User to resolve the issues raised
by the Order to Show Cause.
42 . Legal Action
If any person discharges industrial wastes, septage, or
other wastewater into the POTW contrary to 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
Chief Operator, Special Joint Subcommittee, or municipality,
counsel for the municipality where such person is located (or
counsel for any of the municipalities, if such person is not
located in any of the municipalities ) may commence an action for
appropriate legal and/or equitable relief, including, but not
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283
August 5, 1992
limited to, injunctive relief, penalties, and fines, in either
state or federal court . In addition, until and unless all of the
municipalities are named on the POTW' s SPDES permit, the City
Attorney for the City of Ithaca shall have the authority to
initiate such court proceedings against violators located outside
the City of Ithaca. The municipalities , Special Joint
Subcommittee, or 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.
ARTICLE VII - PENALTIES AND COSTS
43 . Civil Penalties
A. Any person who violates an Order of the Chief Operator,
Special Joint Subcommittee, or municipality, or fails to comply
with any provisions of this law, the Act, Pretreatment Standards
r or Pretreatment Requirements, or Wastewater Discharge Permits
(.0 issued hereunder, may be assessed by the relevant municipality,
(� as described in Section 39 above, a civil administrative penalty
m not to exceed Two Thousand Five Hundred Dollars ( $2, 500 . 00) per
day for each violation . Each day on which a violation shall
z
occur or continue shall be deemed a separate and distinct
offense.
B. Any person who violates an Order of the Chief Operator,
Special Joint Subcommittee, or municipality, 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 the municipality which
prosecuted the enforcement action . After reimbursing itself for
the expenses of prosecution, the municipality shall pay the
balance to the City of Ithaca Joint Activity Fund for POTW
expenditures . In addition to the penalties provided herein, the
municipalities 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
municipalities from bringing an action against a User for
liability incurred as a result of damage to the POTW, fish kills,
or any other damage to persons, animals, aquatic life, property,
or natural resources .
44. Criminal Fines and Imprisonment
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 .
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284
August 5, 1992
B. Any person who knowingly makes any false material
statement, representation, or certification in any application,
record, repot, 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.
ARTICLE VIII - FEES
45 . Charges and Fees
It is one of the purposes of this law to provide for the
recovery of costs from persons who use the 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 POTW' s pretreatment program;
(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 POTW) of
pollutants otherwise subject to National Categorical Pretreatment
Standards;
(F) fees for sludge disposal;
(G) other fees as the Special Joint Subcommittee may
deem necessary to carry out the requirements contained herein.
46. Assessment of Charges and Fees
The charges or fees for the items enumerated in Section 45
above shall be set from time to time in accordance with
procedures permitted by applicable laws .
47 . Surcharges for Certain Conventional Pollutants
A. Industrial Users discharging wastewater which exceeds
the following concentrations for any of the conventional
pollutants listed below shall pay a surcharge for use of the
POTW:
Level Above Which
Surcharge Applies
Pollutant ( 24 Hour Composite, in ppm)
Chemical Oxygen Demand 35.0
Suspended Solids 250
BOD5 250
Phosphorus 6
Nitrogen, Total 25
The surcharge shall be calculated to recover the POTW' s
costs to treat these conventional pollutants to the extent that
the concentrations of these conventional pollutants exceed the
levels stated above. The surcharge shall be set from time to
time in accordance with procedures permitted by applicable laws .
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285
August 5, 1992
The Chief Operator may grant a surcharge waiver to any Industrial
User which demonstrates that its exceedances of the surcharge
threshold levels are due to innovative water conservation
practices .
B. The surcharge threshold levels set forth above are not
local limits . All Pretreatment Standards and Pretreatment
Requirements, including the prohibition against Pass Through and
Interference, do apply to discharges of the conventional
pollutants listed above . In addition, nothing in this section
shall prevent the Chief . Operator from exercising his or her
right, as described in Section 10 of this law, to require an
Industrial User to comply with specific discharge limits on these
pollutants if deemed necessary to meet the objectives of Section
1 (A) of this law. In the event that an Industrial User receives
specific discharge limits for any of these pollutants, no
surcharge shall apply and violations of the discharge limit by
the Industrial User shall instead subject the Industrial User to
T— the enforcement provisions of this law.
ARTICLE IX - SEVERABILITY;
N -
REPEALER; EFFECTIVE DATE
m 48. Severability
Z
C If any provision, paragraph, word, section, or Article of
G 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.
49. 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.
50. Effective Date
This law shall be in full force and effect after
publication, posting and filing with the New York Secretary of
State and upon approval by the U. S . Environmental Protection
Agency.
Carried Unanimously
* 16.2a Local Law Amending "Sewer Use Requirements" -
Designation of Lead Agency Status for Environmental Review
By Alderperson Schroeder : Seconded by Alderperson Booth
DESIGNATION OF LEAD AGENCY STATUS for Environmental Review for a
Local Law Amending Chapter 263 Entitled `Sewer Use Requirements'
of the City of Ithaca Municipal Code.
WHEREAS, State Law and Section 176 . 6 of the City Code requires
that a lead agency be established for conducting environmental
reviews of projects in accordance with local and state
environmental law, and
WHEREAS, State Law specifies that for actions governed by local
environmental review, the lead agency shall be that local agency
which has primary responsibility for approving and funding or
carrying out the action, and
WHEREAS, the proposed Local Law amending Chapter 263 entitled
` Sewer Use Requirements ' of the City of Ithaca Municipal Code
requires review under the City ' s Environmental Quality Review
Ordinance; now, therefore, be it
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286
August 5, 1992
RESOLVED, That the Common Council does hereby declare itself lead
agency for the environmental review of the proposed amendment to
the Mu-nicipall�ode of the City of Ithaca .
Carried Unanimously
* 16.2b Declaration of No Significant Environmental Impact
By Alderperson Schroeder : Seconded by Alderperson Booth
DECLARATION OF NO SIGNIFICANT ENVIRONMENTAL IMPACT for a Local
Law Amending Chapter 263 Entitled ` Sewer Use Requirements ' of the
City of Ithaca Municipal Code.
WHEREAS, a Local Law amending Chapter 263 entitled ` Sewer Use
Requirements ' of the City of Ithaca Municipal Code requires
review under the City' s Environmental Quality Review Ordinance,
and
WHEREAS, appropriate environmental review has been conducted
including the preparation of the Short Environmental Assessment
Form (SEAF) , and
WHEREAS, it appears that the proposed action is an "unlisted"
action under the State Environmental Quality Review Act (SEAR) ,
including the Part 617 regulations thereunder, and is an
"unlisted" action under the City Environmental Quality Review
Act, and
WHEREAS, it appears that the proposed action will not have a
significant effect on the environment; now, therefore, be it
RESOLVED, That this Common Council , as lead agency in this
matter, hereby does adopt as its own the findings and conclusions
more fully set forth on the Short Environmental Assessment Form
dated July 1, 1992 and be it further
RESOLVED, That this Common Council , as lead agency, hereby does
determine that the proposed action at issue will not have a
significant effect on the environment, and that further
environmental review is unnecessary under the circumstances, and
be it further
RESOLVED, That this resolution shall constitute notice of this
negative declaration and the City Clerk be and she is hereby
directed to file a copy of the same, together with the
attachment, in the City Clerk' s Office and forward the same to
any other parties as required by law.
Carried Unanimously
* 16.2c Local Law # 5 of 1992 Amending Chapter 263 Entitled
"Sewer Use Requirements" of the CitV_of Ithaca Municipal Code
By Alderperson Schroeder: Seconded by Alderperson Booth
Local Law #5 of the year 1992 amending Chapter 263 entitled
` Sewer Use Requirements ' of the City of Ithaca Municipal Code .
BE IT ENACTED by the Common Council of the City of ithaca, New
York, as follows :
SECTION 1. That Chapter 263 entitled "Sewer Use
Requirements" of the City of Ithaca Municipal Code is amended by
adding a new article to be known and designated as Article X
entitled "Local Pollutant Limitations" , to read as follows :
5R
287
August 5, 1992
ARTICLE X
1 . Purpose and Applicability
A. The purposes of this article are to set forth specific
discharge limitations (hereafter referred to as local limits ) to
prevent Pass Through and Interference, and to protect the safety
and health of workers at the Ithaca Area Wastewater Treatment
Facility (POTW) .
B. This article shall apply to all Users of the POTW in the
Towns of Ithaca and Dryden and City of Ithaca and to persons who
are, by resolution, agreement, contract, or permit with the
municipalities, Special Joint Subcommittee, or POTW, Users of the
POTW.
2 . Definitions
The definitions set forth in article 1 (Local Law No. 4
r 1992 ) , Section 3, shall apply to the words in this article.
N 3 . Specific Pollutant Limitations
IM
Z These local limits shall apply at each point of discharge to
the sewerage system. In no case shall a User' s discharge to the
POTW violate the following specific limitations :
Discharge Limit
Pollutant 24 Hour Composite (ppb)
Bis ( 2-ethylhexyl) Phthalate 425
Tetrachloroethylene 132
Trichloroethylene 1114
Trans-1, 2-Dichloroethylene 160
Methylene Chloride 199
Cadmium 39
Copper 152
Lead 783
Nickel 254
Silver 165
Zinc 283
Chloroform 127
Discharge Limit
Pollutant Instantaneous (ppm)
Grease & Oil Petroleum Based 50 (fifty)
Grease & Oil Animal and Vegetable 100 (one hundred)
4 . Applicability of Other Requirements and Prohibitions
All Users further shall comply with all other requirements
and prohibitions regarding discharges to the POTW set forth in
the other local laws, including those specified in Local Law No.
4-1992 .
5 . Effective Date
This chapter shall be in full force and effect after its
publication, posting, and filing with the New York Secretary of
State and upon approval by the U. S . Environmental Protection
Agency.
Carried Unanimously
59
288
August 5, 1992
*
16.3 Local Law Abolishing Chapter_-27 the Municipal
Code/Communit Development Commission and Establishing Terms of
Office for Me bers of the Ithaca Urban .Renewal Agency
By Alderperson Schroeder: Seconded by Alderperson Berg
Abolishing the Community Development Commission and Establishing
Terms of Office for Members of the Ithaca Urban Renewal Agency
WHEREAS, pursuant to §608 of the General Municipal Law of the
State of New York, adopted in 1965 and amended in 1972 , there was
established a municipal Urban Renewal Agency known as the Ithaca
Urban Renewal Agency, and
WHEREAS, the City of Ithaca by Local Law 3 of the year 1975
established a Community Development Commission which is codified
in Chapter 27 of the City of Ithaca Municipal Code, and
WHEREAS, the purposes, policies, activities, and membership of
the two bodies are essentially identical so that it appears that
there is no benefit for the City of Ithaca to have both the
Ithaca Urban Renewal Agency and the Community Development
Commission continue to exist, and
WHEREAS, the continued existence of both the Ithaca Urban Renewal
Agency and the Community Development Commission with essentially
the same membership, purposes, policies and activities has been a
source of confusion, now, therefore
BE IT ENACTED by the Common Council of the City of Ithaca, New
York as follows :
SECTION 1 . Abolishing Chapter 27 of the Municipal Code .
Chapter 27 of the City of Ithaca Municipal Code is hereby
repealed and abolished.
SECTION 2 . Transfer of Assets and Rights of the
Community Development Commission to the Ithaca Urban Renewal
Agency.
All assets, rights , powers and privileges of the
Community Development Commission are hereby transferred to the
Ithaca Urban Renewal Agency subject to the Ithaca Urban Renewal
Agency' s agreement to accept all obligations, liabilities and
responsibilities of the Community Development Commission.
SECTION 3 . Terms of Office for Members of the
Ithaca Urban Renewal Agency.
Consistent with §608 of the General Municipal Law
of the State of New York, the Ithaca Urban Renewal Agency shall
consist of five (5 ) members including the Mayor . Appointments
shall be made by the Mayor with the approval of the majority of
members of the Common Council and they shall serve at the
pleasure of the Mayor. A member shall continue to hold office
until his/her successor is appointed and has qualified. All
members shall be appointed for full terms of four (4) years with
terms to commence on July 1st and to end on June 30th, provided
that of the members to be appointed at this time, one member' s
term shall expire on June 30, 1993, one member' s term shall
expire on June 30, 1994, one member' s term shall expire on June
30, 1995, and the fourth member ' s term shall expire on June 30,
1996 .
SECTION 4 . Effective Date .
This Local Law shall take effect immediately after fling in the
Office of the Secretary of State.
Carried Unanimously
60
289
August 5, 1992
* 16.4a Amending Chapter 325, Section 325 . 32 regarding "Powers
of the Building Commissioner - Extension or Enlargement of Non-
Conforming Uses or Structures" _- Designation of Lead Agency
Status for Environmental Review
By Alderperson Schroeder: Seconded by Alderperson Romanowski
Designation of Lead Agency Status for Environmental Review of an
Ordinance Amending the Municipal Code of the City of Ithaca
Zoning Ordinance Section 325 . 32 regarding "Powers of the Building
Commissioner - Extension or Enlargement of Non-Conforming Uses or
Structures"
WHEREAS, State Law and Section 176 . 6 of the City Code requires
that a lead agency be established for conducting environmental
reviews of projects in accordance with local and state
environmental law, and
WHEREAS, State Law specifies that for actions governed by local
environmental review, the lead agency shall be that local agency
r which has primary responsibility for approving and funding or
Q0 carrying out the action, and
N
CD WHEREAS, the proposed amendment modifying the Zoning Ordinance
z regarding "Powers of the Building Commissioner - Extension or
Enlargement of Non-Conforming Uses or Structures" requires review
under the City' s Environmental Quality Review Ordinance; now,
therefore, be it
RESOLVED, That the Common Council does hereby declare itself lead
agency for the environmental review of the proposed amendment to
the Municipal Code of the City of Ithaca .
Carried Unanimously
* 16.4b Declaration of No Significant Environmental Impact
By Alderperson Schroeder: Seconded by Alderperson Romanowski
Ordinance Amending the Municipal Code of the City of Ithaca
Zoning Ordinance Section 325 . 32 regarding "Powers of the Building
Commissioner - Extension or Enlargement of Non-Conforming Uses or
Structures"
DECLARATION OF NO SIGNIFICANT ENVIRONMENTAL IMPACT
WHEREAS, an amendment to the Municipal Code of the City of Ithaca
Zoning Ordinance Section 325 . 32 "Powers of the Building
Commissioner - Extension or Enlargement of Non-Conforming Uses or
Structures" requires review under the City' s Environmental
Quality Review Ordinance, and
WHEREAS, appropriate environmental review has been conducted
including the preparation of the Short Environmental Assessment
Form ( SEAF) , and a Long Environmental Assessment Form (LEAF) , and
WHEREAS, it appears that the proposed action is an "unlisted"
action under the State Environmental Quality Review Act (SEAR) ,
including the Part 617 regulations thereunder, and is an
"unlisted" action under the City Environmental Quality Review
Act, and
WHEREAS, it appears that the proposed action will not have a
significant effect on the environment; now, therefore, be it
RESOLVED, That this Common Council, as lead agency in this
matter, hereby does adopt as its own the findings and conclusions
more fully set forth in the Short and Long Environmental
Assessment Forms dated June 29 , 1992 and be it further
61
290
August 5, 1992
RESOLVED, That this Common Council , as lead agency, hereby does
determine that the proposed action at issue will not have a
significant effect on the environment, and that further
environmental review is unnecessary under the circumstances, and
be it further
RESOLVED, That this resolution shall constitute notice of this
negative declaration and the City Clerk be and she is hereby
directed to file a copy of the same, together with the
attachment, in the City Clerk' s Office and forward the same to
all other parties as required by law.
Carried Unanimously
* 16.4c An Ordinance Amending Section 325.32 of Chapter 325
Entitled `Zoning' of the City of Ithaca Municipal Code Regarding
"Powers of the Building Commissioner -_.Extension or Enlargement
of Non-Conforming Uses or Structures
By Alderperson Schroeder: Seconded by Alderperson Berg
AN ORDINANCE AMENDING SECTION 325 . 32 OF CHAPTER 325 ENTITLED
`ZONING' OF THE CITY OF ITHACA MUNICIPAL CODE REGARDING "POWERS
OF THE BUILDING COMMISSIONER - EXTENSION OR ENLARGEMENT OF NON-
CONFORMING USES OR STRUCTURES"
BE IT ORDAINED AND ENACTED by the Common Council of the City
of Ithaca, New York, as follows :
Section 1 . That Chapter 325 Entitled ' Zoning' of the City
of City of Ithaca Municipal Code is amended as follows :
325 . 32 Repair, changes in use, extension or
enlargement of non-conforming uses or
structures .
A. Repair of Non-Conforming Uses or Structures .
Necessary or desired repair of any non-
conforming structure, or of any structure housing a non-
conforming use, declared unsafe by proper authority, shall be
accomplished in accordance with all applicable regulations .
B. Changes in Non-Conforming Use.
A non-conforming use may be changed only to a
use permitted ,in the district in which it is located. Once
changed to a conforming use, no building or land shall be
permitted to revert to a non-conforming use.
C. Extension or Enlargement of Non-Conforming
Uses or Structures .
( 1 ) A non-conforming use may not be extended
or enlarged to other structures, nor may a non-conforming use be
extended or enlarged to other portions of structures not devoted
to such use or to other land except by means of a variance
granted by the Board of Appeals .
(2 ) A non-conforming structure which is used
as permitted in the district in which it is located, but does not
comply with the minimum lot size requirement and/or parking
requirements applicable in the district, may not be extended or
enlarged except by means of a variance granted by the Board of
Appeals; however, a non-conforming structure may be enlarged
without the necessity of obtaining such a variance providing:
(a) The enlargement does not create a new, greater or
additional non-conformity and,
(b) The enlargement does not increase the occupancy
previously permitted for the structure unless the structure is,
and will continue to be, a one or a two family dwelling, and
62
291
August 5, 1992
(c) The property is, and will continue to be, in
compliance with the minimum lot size and parking requirements of
the district in which it is located.
In all districts any legal non-conforming use or
structure existing at the time of enactment of this Chapter, as
amended, or subsequently constructed in compliance with a
variance, shall not be extended or enlarged except in compliance
with the regulations of this Chapter, as amended for each
particular district .
Section 2 . Effective date .
This ordinance shall take effect immediately and in
accordance with laws upon publication of a notice as provided in
the Ithaca City Charter.
Carried Unanimously
* 16.5a Amending Chapter 325 Regarding "Notice for Special
T Permits" - Designation of Lead Agency_ Status for Environmental
Review
MN By Alderperson Schroeder : Seconded by Alderperson Blanchard
W
Z Designation of Lead Agency Status for Environmental Review
of an Ordinance Amending Subdivisons C(4) (a) [2] , C(4) (b) [4] and
C(4) (e) [7] of Section 325 . 9 of Chapter 325 Entitled `Zoning' of
the City of Ithaca Municipal Code
WHEREAS, State Law and Section 176 . 6 of the City Code requires
that a lead agency be established for conducting environmental
reviews of projects in accordance with local and state
environmental law, and
WHEREAS, State Law specifies that for actions governed by local
environmental review, the lead agency shall be that local agency
which has primary responsibility for approving and funding or
carrying out the action, and
WHEREAS, the proposed amendment modifying the Zoning Ordinance
regarding the "Notice for Special Permits" requires review under
the City' s Environmental Quality Review Ordinance; now,
therefore, be it
RESOLVED, That the Common Council does hereby declare itself lead
agency for the environmental review of the proposed amendment to
the Municipal Code of the City of Ithaca .
Carried Unanimously
* 16.5b Declaration of No Significant Environmental Impact
By Alderperson Schroeder: Seconded by Alderperson Blanchard
Ordinance Amending the Municipal Code of the City of Ithaca
Zoning Ordinance Subdivisons C(4) (a) [2] , C(4) (b) [4] and
C(4) (e) [7] regarding "Notice for Special Permits"
DECLARATION OF NO SIGNIFICANT ENVIRONMENTAL IMPACT
WHEREAS, an amendment to the Municipal Code of the City of Ithaca
Zoning Ordinance Subdivisons C( 4 ) (a) [ 2 ] , C(4 ) (b) [ 4 ] and
C( 4 ) (e) [ 7 ] , regarding "Notice for Special Permits" requires
review under the City' s Environmental Quality Review Ordinance,
and
WHEREAS, appropriate environmental review has been conducted
including the preparation of the Short Environmentall4ssessment
Form (SEAF) , and
63
292
August 5, 1992
WHEREAS, it appears that the proposed action is an "unlisted"
action under the State Environmental Quality Review Act (SEAR) ,
including thelPart 617 regulations thereunder, and is an
"unlisted" action under the City Environmental Quality Review
Act, and
WHEREAS, it appears that the proposed action will not have a
significant effect on the environment; now, therefore, be it
RESOLVED, That this Common Council, as lead agency in this
matter, hereby does adopt as its own the findings and conclusions
more fully set forth on the Short Environmental Assessment Form
dated July 24, 1992 and be it further
RESOLVED, That this Common Council, as lead agency, hereby does
determine that the proposed action at issue will not have a
significant effect on the environment, and that further
environmental review is unnecessary under the circumstances, and
be it further
RESOLVED, That this resolution shall constitute notice of this
negative declaration and the City Clerk be and she is hereby
directed to file a copy of the same, together with the
attachment, in the City Clerk' s Office and forward the same to
all other parties as required by law.
Carried Unanimously
*
16 .5c An Ordinance Amending Subdivisons C(4) (a) [21 , C(4) (b) [41
and C(4) (e)171 Chapter 325 Entitled ' Zoning' of the City of
Ithaca Municipal Code Regarding _._"Notice for Special Permits"
By Alderperson Schroeder: Seconded by Alderperson Berg
AN ORDINANCE AMENDING SUBDIVISIONS C(4) (a) [2] , C(4) (b) [4] , and
C(4) (e) [7] OF SECTION 325.9 OF CHAPTER. 325 ENTITLED `ZONING' OF
THE CITY OF ITHACA MUNICIPAL CODE.
BE IT ORDAINED AND ENACTED by the Common Council of the City
of Ithaca, New York, as follows :
SECTION 1. AMENDING SUBDIVISION C(4) (a) [2] OF SECTION
325.9.
That subdivision C(4) (a) [ 2 ] of Section 325 . 9 is hereby
amended to read as follows :
" (4 ) (a) [2 ] The response of those notified by the
appellant as required in the procedures set forth in Section
325 . 41, as well as that expressed at the public hearing, should
be a principal factor in the Board' s decision to grant the
special permit . "
SECTION 2 . AMENDING SUBDIVISION C(4) (b) [4] OF SECTION
325.9 .
That subdivision C( 4 ) (b) [ 4 ] of Section 325 . 9 is hereby
amended to read as follows :
" (4) (b) [ 4 ] The response of those notified by the
appellant as required in the procedures set forth in Section
325 . 41, as well as that expressed at the public hearing, should
be a principal factor in the Board' s decision to grant the
special permit. "
SECTION 3 . AMENDING SUBDIVISION C(4) (e) [7] OF SECTION
325 .9 .
That subdivision C( 4 ) (e) [ 7 ] of Section 325 . 9 is hereby
amended to read as follows :
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293
August 5, 1992
" (4 ) (e) [ 7 ) The response of those notified by the
appellant as required in the procedures set forth in Section
325 . 41 , together with any other written comment received by the
Board before the hearing, as well as that comment expressed at
the public hearing, with primary consideration given the wishes
of residents living within 200 feet of the property, should be a
principal factor in the Board' s decision to grant or deny the
special permit. "
SECTION 4. EFFECTIVE DATE.
This ordinance shall take effect immediately and in
accordance with laws upon publication of a notice as provided in
the Ithaca City Charter.
Ayes ( 8) - Romanowski, Blanchard, Schroeder, Daley,
Golder, Booth, Berg, Efroymson
Nay ( 1 ) - Hoffman
Carried
T
HUMAN SERVICES COMMITTEE:
N Youth Bureau Fees - Report
Co Alderperson Golder reported that Sam Cohen, Youth Bureau
Z Director, came before the Committee and expressed his concerns
about the effect of the increase in fees for the recreation
department of the Youth Bureau, which includes sports leagues,
camps, playground programs, etc . He stated that there is an
inter-municipal partnership made up of the various towns and the
city which is meeting to discuss these issues and how the various
communities should pay for programs and decide on the fees and
the make up of the programs .
Incentive Zoning - Report
Alderperson Golder reported that he believes State legislation
was recently passed that allows municipalities to enact incentive
zoning, which could help the City make more affordable housing
and child care available .
Ethics - Report
Alderperson Golder reported that the committee is discussing
improving the ethics in government section of the City Code. The
committee is in general agreement that it is a good idea for
disclosure of public figures when there might be a conflict of
interest and that it is a good idea for citizens to know the
interests of the people who are voting on various issues which
might be affecting them. The committee will be looking at other
ordinances from the around the State and will then make a
recommendation to the Charter and Ordinance Committee.
Partnership for Youth - Report
Alderperson Golder reported that the coordinator, Ms . Warfield,
gave the committee an update on the Partnership for Youth
program.
Police-Minority Community - Report
Mayor Nichols reported that the steering committee meets weekly.
He gave a synopsis of the work that has been done to date and
committees that have been established.
BUDGET AND ADMINISTRATION COMMITTEE:
*18 . 1 Finance Department - Approval of Ithaca Housing Authority
Salaries Comparability to City Salaries
By Alderperson Booth: Seconded by Alderperson Blanchard
WHEREAS, the Ithaca Housing Authority is mandated by the Department of
Housing and Urban Development, our funding agency, tlq demonstrate that
the salaries and wages of the employees of said Housing Authority are
comparable with the practices of the local governing body for all
positions of similar responsibility and required competence, and
WHEREAS, the City of Ithaca authorized 5% - 10% increases for 1992 ,
including step increases for qualified employees, and
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WHEREAS, the IHA negotiated a three year contract with the UAW at a 7%
increase per year for maintenance employees, and
II
WHEREAS, the Ithaca Housing Authority authorized a 7% increase for all
qualified employees to bring the IHA employees closer to parity and
comparability with City of Ithaca employees , and
WHEREAS, the IHA has established the following positions,
comparability and salary ranges for i-ts Public Housing Section and
covered by its Operating Budget :
Position Comparable Position Salary
Executive Director Director of Planning & $43, 556-$64, 474 (91-92 )
( 16 years ) Development/Controller $56, 673 (Oper. )
6, 297 ( Sec. 8 )
Salary $62 , 970
Family Self- Supervisor of Caseworkers $30, 245-32 , 859
Sufficiency Tompkins County DSS Salary $24, 610 ( Sec . 8 )
Coordinator
Principal Account City of Ithaca CSEA $16, 746-21, 189
Clerk/Fiscal Officer (40 hours ) Salary $33, 179
( 15 years)
Administrative City of Ithaca CSEA $17 , 716-22 , 417
Secretary ( 13 years) ( 40 hours ) Salary $25, 040
Site Manager Planner II ( 35 Hours ) $22 , 125-27 , 995
( 10 years) ( 40 hours ) -max. $31 , 993 $31 , 258
Tenant Relations Administrative Asst . $15 , 202-19 , 235
Asst. (2 1/2 yrs . ) ( 35 hours ) (40 hrs . - Salary $17 , 120
(40 hours ) $22 , 592 Max. )
Account Clerk City of Ithaca CSEA $13, 358-16, 902
Typist (7 years ) (40 hours ) Salary $17 , 963
Sr. Account Clerk City of Ithaca CSEA $14, 694-18, 593
Typist (2 yr. ) (40 hours ) $12 , 059 (Oper. )
6 , 493(Sec8 )
Salary $18, 552
Director of Recreation Supervisor $19 , 252-$24, 360
Resident Services (CSEA 35 hours ) Salary $21 , 732
( 1 1/2years)
Resident Initiatives Asst . Recreation $18, 032-22, 816
Coordinator ( 35 hours ) Salary $19 , 260
CIAP Program Asst . Civil Engineer $28 , 253-35, 749
Coordinator (40 hours) $25, 680 (CIAP)
5 , 350 (Mgmt. )
Salary $31 , 030
Working Foreman Ithaca School District **Range not available
( 19 years) (40 hours ) Salary $31, 426
Storekeeper City of Ithaca CSEA $14, 211-17 , 981
( 1 year) (40 hours ) Salary $18, 190
Building Maintenance Maintainer CSEA $7 . 75-$8 . 45/hour
Mechanic ( 15 years ) (40 hours ) IHA $12 . 08 + O.T.
guaranteed
Salary *$26, 038
Building Maintenance Maintainer CSEA $7 . 75-$8 . 45
Mechanic ( 14 years ) (40 hours) IHA $11 . 44 +O.T.
guaranteed
Salary *$24, 615
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August 5, 1992
Maintenance Worker City of Ithaca CSEA $7 . 11-$7 . 81
( 11 years ) ( 40 hours ) IHA $8 . 97 +O.T.
guaranteed
Salary *$19 , 296
Maintenance Worker City of Ithaca CSEA $7 . 11-$7 . 81
( 7 years) ( 40 hours ) IHA $8 . 37 +O.T.
guaranteed
Salary *$18, 007
Maintenance Worker City of Ithaca CSEA $7 . 11-7 . 81
( 6 years) (40 hours ) IHA $8 . 21 + O.T.
guaranteed
Salary *$17 , 661
Laborer City of Ithaca CSEA $6 . 74-$7 . 44
( 6 years ) ( 40 hours ) IHA $7 . 18 + O.T.
guaranteed
Salary *$16, 579
T
(� Laborer City of Ithaca CSEA $6 . 74-$7 . 44
(V ( 2 1/2 yrs . ) (40 hours ) IHA $6 . 36+ O.T.
m guaranteed
Salary *$14, 686
Z *Per UAW Union Contract
Laborer ( Summer help) Seasonal $5 . 00/hour
$2 , 600
Laborer (Summer help) Seasonal $5 . 00/hour
$2 , 600
11 Camp Counselors Seasonal $14, 364
Camp Director Seasonal $10 . 00/hour
SECTION 8/VOUCHER
Section 8 Planner II - CSEA $22, 125-27 , 995
Administrator ( 15 years ) ( 35 hours ) $31 , 993 (40 hrs . )
(40 hours ) Salary $32 , 958
Tenant Selector Administrative Asst . $15, 202-$19 , 235
(4 years ) ( 40 hours ) CSEA ( 35 hrs ) Salary $19 , 845
Tenant Selector Administrative Asst . $15, 202-19, 235
(40 hours) CSEA ( 35 hours ) Salary $16, 716
Account Clerk/ City of Ithaca CSEA $13, 358-$16, 902
Typist (4 years ) (40 hours ) Salary $16, 150
Account Clerk/Typist City of Ithaca CSEA $13, 358-16, 902
( 3 years) (40 hours ) Salary $15, 933
now, therefore, be it
RESOLVED, That pursuant to its responsibilities under Section 3,
Article 32 ( 1 ) of the New York State Housing Law the Common Council
agrees that the salaries and wages of the employees of the IHA are
comparable to those paid by the City for all positions of similar
responsibility and required competence .
Carried Unanimously
* 18 .2 DPW/Joint Activity - Request_ to Establish io�nt Activity
Capital Project
By Alderperson Booth: Seconded by Alderperson Romanowski
WHEREAS, the Sewer Special Joint Subcommittee ( SJS) and the Board of
Public Works have passed resolutions recommending the establishment of
a Capital Project entitled "Kline Road Sewer Relief Project" , and
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August 5, 1992
WHEREAS, the SJS and the Board of Public Works have set a goal for
said project, whereby the design of this by-pass sewer would divert up
to one million gallons a day of flow from the Kline Road main to the
existing sewer mains located on Lake Street; now, therefore, be it
RESOLVED, That Kline Road Sewer Relief Project be hereby established
at an amount not to exceed $100 , 000, and be it further ..:. .
RESOLVED, That the funding for said project shall be provided by the
participating municipalities at a pre-established shared allocation
based on projected use as determined by SJS, and be it further
RESOLVED, That pending a final determination of the method of
financing each municipality' s proportionate share, the City Controller
is hereby authorized to temporarily advance Joint Activity Capital
Reserve Fund moneys for such purpose.
Carried Unanimously
* 18 .3 Youth Bureau - Request. to Amend 1992 Budget
By Alderperson Booth: Seconded by Alderperson Efroymson
WHEREAS, the Youth Bureau has received a proposal from the Ithaca City
School District to expand the Access to College and Employment (ACE)
Program, and
WHEREAS, the School District has received confirmation of a New York
State Education Department Grant to fund said Program expansion; now,
therefore, be it
RESOLVED, That the 1992 General Fund Budget for Youth Bureau purposes
be amended as follows :
APPROPRIATIONS
A7310-210 Office Equipment - Computer $1 , 100
A7310-435 Contracts 1 , 249
A7310-440 Staff Development 100
A7310-460 Program Supplies 4, 526
REVENUE
A3820 Youth Programs $6, 975
Carried Unanimously
*
18.4 Finance/Personnel - Request Authorization to Implement
Grievance Decision
By Alderperson Booth: Seconded by Alderperson Efroymson
RESOLVED, That in conjunction with the applicable section of the
current contract with the Ithaca Paid Fire Fighters Association, the
Common Council hereby authorizes the implementation of a grievance
decision in the amount of $696 . 60 . , as approved by the Human Services
Committee and the Budget and Administration Committee.
Carried Unanimously
* 18.5 Ratification of Contract Agreement with Police Benevolent
Association
Alderperson Booth requested an Executive Session at the end of the
meeting to discuss this matter .
No Council member objected.
*18.6 Audit
By Alderperson Booth: Seconded by Alderperson Berg
RESOLVED, That the bills presented, as listed on Audit Abstract
#14/1992 in the total amount of $80, 923 . 54 . , be approved for payment .
Ayes ( 7 ) - Romanowski, Efroymson, Daley, Booth,
Schroeder, Golder, Hoffman
Nay ( 1 ) - Blanchard
Abstention ( 1 ) - Berg (possible conflict of interest)
Carried
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August 5, 1992
* 18.7 Request to Transfer Funds for Ithaca Festival Services
By Alderperson Booth: Seconded by Alderperson Berg
WHEREAS, Common Council placed $5, 000 . 00 in the Restricted Contingency
Account in the 1992 Approved City Budget for the purposes of covering
a portion of the cost of City services related to the 1992 Ithaca
Festival, and
WHEREAS, the City has billed Ithaca Festival, Inc . for said costs in
the amount of $6, 000 . 00 for Police Department Services and $3, 027 . 63
for DPW Services related to said Festival, and
WHEREAS, the City has received $4, 027 . 63 from Ithaca Festival, Inc.
for a portion of the related expenses for said Festival; now,
therefore, be it
RESOLVED, That $5, 000 . 00 be transferred from Account A1990 Restricted
Contingency to Account A7550-435 Celebrations Contractual .
Carried Unanimously
r * 18.8 Appointment of Plumbing Inspector
By Alderperson Booth: Seconded by Alderperson Daley
N RESOLVED, That Marc A. Albanese be appointed to the position of
m Plumbing Inspector at Grade 28 which is Step 7 on the CSEA
z Administrative Unit Compensation Plan at an annual salary of $27 , 995 . ,
effective August 10, 1992 .
Extensive discussion followed on the floor .
A vote on the resolution resulted as follows :
Ayes ( 7 ) - Blanchard, Booth, Romanowski, Schroeder,
Hoffman, Berg, Daley
Nay ( 1 ) - Golder
Abstention ( 1 ) - Efroymson
Carried
* 18. 9 Youth Bureau - Extension of the Summer Youth Conservation
Corps Program
By Alderperson Booth : Seconded by Alderperson Schroeder
WHEREAS, the Town of Ithaca and Village of Lansing have requested that
the Summer Youth Conservation Corps Program be extended up to two
additional weeks, and
WHEREAS, the Town of Ithaca and Village of Lansing have agreed to fund
the entire cost of said program extension; now, therefore, be it
RESOLVED, That the 1992 Youth Bureau budget be amended as follows :
Increase Revenue Account A2350
Youth Services - Other Governments
$1 , 545 . 00
Increase Appropriation Account
A7310-120 Part-time and Seasonal
$1, 403 . 00
A9030 Social Security $ 142 . 00
Carried Unanimously
UNFINISHED AND MISCELLANEOUS BUSINESS:
Cornell/City Relations Committee
Alderperson Berg asked for a report at the next Council meeting on the
progress being made by the Cornell/City Relations Committee.
Mayor Nichols agreed to bring Council up-to-date on1this subject .
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August 5, 1992
EXECUTIVE SESSION
Police Benevolent Association Contract Discussion
By Alderperson Booth: Seconded by Alderperson Golder
RESOLVED, That Common Council adjourn into Executive Session to
discuss the PBA contract .
Carried Unanimously
Council reconvened in Regular Session and offered the following
resolution:
Terms of the ?roposed Contract With the Police Benevolent Association
By Alderperson Booth: Seconded by Alderperson Romanowski
RESOLVED, That the Mayor be authorized to sign a contract for this
year, 1992 , with the Police Benevolent Association, subject to the
conditions which Council have discussed and that contract be subject
to review by the City Controller and the City Attorney.
Carried Unanimously
ADJOURNMENT
On a motion the meeting adjourned at 10 : 08 P.M.
Callista F. Paolangeli
City Clerk Benjamin Nichols
Mayor
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