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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 . 1 230 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 . 2 ?31 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 . 3 232 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 4 233 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 5 234 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, 6 235 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 . 7 236 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 8 237 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 9 238 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 : 10 239 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 24 253 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 26 255 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 28 257 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: 31 260 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 . 32 261 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. 34 263 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. 35 264 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. 36 265 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. 37 266 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 38 267 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 39 268 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 . 40 269 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; 41 270 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. 271 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; 43 272 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. 44 273 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. 45 274 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. 47 276 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 48 277 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; 49 278 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 . 50 279 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. c,1 280 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. 52 281 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, 53 282 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 54 283 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 . 55 284 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 . 56 285 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 57 286 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 : 64 293 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 65 294 August 5, 1992 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 66 295 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 67 296 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 68 297 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 . 69 298 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 70