Board of Estimate & Contract:
RESOLVED, that a resolution adopted by the City Council on February 11, 2025, and signed by the Mayor on February 11, 2025, Imposing Fees in Addition to Fines and Request Reimbursement of Costs Incurred In Response to an Illicit Sewer Discharge Incident - (costs incurred in response to January 17, 2025, Chicken Hut shall reimburse illicit discharge: (a) Employee wages and hours worked; (b) Equipment usage rates and hours operated; and (c) Total assessed cost: $1,938.54); be, and the same is hereby approved.
City Council:
AN ORDINANCE IMPOSING FEES IN ADDITION
TO FINES AND REQUEST REIMBURSEMENT OF
COSTS INCURRED IN RESPONSE TO AN ILLICIT
SEWER DISCHARGE INCIDENT
Whereas, by letter dated January 28, 2025, the Commissioner of the Department of Public Works has requested legislation authorizing additional fees and requests reimbursement for costs incurred by the City of Mount Vernon in responding to illicit sewer discharge incidents; and
Whereas, the City of Mount Vernon is committed to maintaining a safe and clean municipal separate storm sewer system (MS4) to protect public health and environmental quality; and
Whereas, on January 17, 2025, the Department of Public Works Emergency Sewer Bureau (E.S.B.) identified an illegal sewer discharge by Aid & J Hood Cleaners, a vendor hired by Chicken Hut, at 10 North 3rd Ave, cross: 17-1 East Prospect Ave, Mount Vernon, NY 10550; and
Whereas, the vendor was observed discharging fats, oils, and grease (F.O.G.) directly into the MS4 system in violation of city code §154-6; and
Whereas, the Department of Public Works (D.P.W.), in coordination with the Public Works Deputy Commissioner, the Building Department, and the New York State Department of Environmental Conservation (N.Y.S.D.E.C.) Spill Response, took immediate corrective measures to mitigate the contamination; and
Whereas, the response necessitated the deployment of personnel and equipment, incurring costs totaling $1,938.54; and
Whereas, this is the third documented incident within twenty-four months involving Chicken Hut in violation of §154-6; Now, Therefore, Be It Resolved That
The City of Mount Vernon, in City Council convened, does hereby ordain and enact:
Section 1. Purpose. This Ordinance establishes additional fees and requests reimbursement for costs incurred by the City of Mount Vernon in responding to illicit sewer discharge incidents.
Section 2. Authority. This Ordinance is enacted pursuant to the City of Mount Vernon’s authority to regulate and enforce environmental and public health laws, including but not limited to City Code §154-6.
Section 3. Imposition of Fees. Any entity found violating §154-6 shall be responsible for reimbursing the City for all costs incurred in responding to and mitigating the illicit discharge. Such fees shall include but are not limited to:
|
Employee Name |
Hours of Operation |
Employee Rate |
Apparatus / Equipment |
Equipment Rate (Hour) |
Total |
|
Nuculovic, J |
1.5 |
$57.16 |
C-3 |
$27.78 |
$127.41 |
|
Carretta, J. |
1.0 |
$63.36 |
C-3 |
-- |
$63.36 |
|
Bennett, R. |
4.0 |
$46.88 |
E-1 |
$27.78 |
$298.64 |
|
Davis, G. |
4.0 |
$28,73 |
E-23 |
$22.91 |
$246.56 |
|
Butler, K. |
4.0 |
$35.98 |
E-23 |
-- |
$143.92 |
|
Kendall, T. |
3.5 |
$38.73 |
E-4 |
$109.97 |
$520.45 |
|
Lewis, R. |
3.0 |
$38.73 |
E-2 |
$107.72 |
$439.35 |
|
Stevenson, D. |
3.0 |
$38.73 |
E-2 |
-- |
$98.85 |
Section 4. Assessment of Costs. The following costs incurred in response to January 17, 2025, Chicken Hut shall reimburse illicit discharge: (a) Employee wages and hours worked; (b) Equipment usage rates and hours operated; and (c) Total assessed cost: $1,938.54.
Section 5. Enforcement. Failure to remit payment within thirty (30) days of notice shall result in additional penalties, including but not limited to (a) Additional fines as per City Code, (b) Suspension or revocation of relevant business permits, and (c) Civil enforcement action to recover outstanding costs.
Section 6. Effective Date. This Ordinance shall take effect immediately upon its approval by the Board of Estimate & Contract.