City of North Tonawanda, NY Sewer Use and Industrial Waste Pretreatment

ABNORMAL SEWAGE SURCHARGE

Editor's Note: This ordinance also provided for the repeal of former Art. I, Sewer Use, adopted 3-6-1979.

§ 75-1 Definitions.

Unless the context specifically indicates otherwise, the meanings of terms used in this ordinance shall be as follows:

ABNORMAL SEWAGE

Any industrial waste having either a concentration of any constituent in excess of that found in normal sewage or any other character or property exceeding those conditions found in normal sewage, but which is otherwise acceptable into a public sewer under the terms of this ordinance.

The charge levied against any person for services rendered during treatment of abnormal sewage. This charge is intended to defray the added cost of transporting and treating abnormal sewage and will be in addition to the charge for normal sewage.

ACT, THE ACT, THE FEDERAL WATER POLLUTION CONTROL ACT and the CLEAN WATER ACT

Used interchangeably in this ordinance and refer to Public Law 92-500, as adopted in 1972 and amended by Public Law 95-217 in 1977, and any succeeding amendments.

ALTERNATIVE DISCHARGE LIMIT

Limits set by the city in lieu of the promulgated National Categorical Pretreatment Standards, for integrated facilities in accordance with the combined waste stream formula as set by the EPA.

AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER

[Amended 12-17-2013]

If the user is a corporation:

The president, vice president, secretary or treasurer of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or

The manager of one or more manufacturing, production, or operation facilities employing more than 250 persons, if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

If the user is a partnership or sole proprietorship, a general partner or proprietor, respectively.

If the user is a federal, state or local government facility, a director or the highest-ranking official appointed or designated to oversee the operation and performance of the activities of the government facility, or such person's designee.

BIOCHEMICAL OXYGEN DEMAND (BOD)

The individuals described in Subsections (1) through (3) above may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for the environmental matters for the company, and the written authorization is submitted to the City.

The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at 20° C. expressed in terms of weight and concentration (milligrams per liter).

BUILDING DRAIN

That part of the lowest horizontal piping of a drainage system which receives the drainage from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet [one and five-tenths meters] outside the inner face of the building wall.

BUILDING SEWER

The extension of the building drainage system from the building drain to the public sewer or other places of disposal.

CHEMICAL OXYGEN DEMAND (COD)

A measure of the oxygen-consuming capacity of inorganic and organic matter present in water or wastewater. It is expressed as the amount of oxygen consumed from a chemical oxidant in a specified test. It does not differentiate between stable and unstable organic matter and thus does not necessarily correlate with biochemical oxygen demand. Also known as "OC" and "DOC", oxygen consumed and dichromate oxygen consumed, respectively.

CHLORINE DEMAND

The difference between the amount of chlorine added to water or wastewater and the amount of residual chlorine remaining at the end of a specified contact period. The demand for any given water varies with the amount of chlorine applied, time of contact and temperature.

CITY

The City of North Tonawanda or its designated official or department.

CITY ENGINEER

The City Engineer of the City of North Tonawanda or his authorized agent or representative.

COMBINED SEWER

A sewer receiving both surface runoff and wastewater.

COMBINED WASTE STREAM

The waste stream at industrial facilities where regulated process effluent is mixed with other wastewaters, either regulated or unregulated, prior to treatment.

COMPATIBLE POLLUTANT

A substance amenable to treatment in the wastewater treatment plant, such as biochemical oxygen demand, suspended solids, pH and fecal coliform bacteria, plus additional pollutants identified in the SPDES permit if the publicly owned treatment works was designed to treat such pollutants, and in fact does remove such pollutant to a substantial degree. Examples of such additional pollutants may include chemical oxygen demand, total organic carbon, phosphorus and phosphorus compounds, nitrogen compounds, fats, oils and greases of animal or vegetable origin.

COMPOSITE SAMPLE

A series of samples taken over a specific period of time and eventually combined into one sample whose volume is proportional to the flow in the waste stream.

COOLING WATER

The water discharged from any use, such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.

DEBT SERVICE CHARGE

The charges levied to customers of the wastewater system which are used to pay principal, interest and administrative costs of retiring the debt incurred for construction of the sewage works.

ENVIRONMENTAL PROTECTION AGENCY or EPA

The United States Environmental Protection Agency, Administrator or other duly authorized official.

GARBAGE

Solid wastes from the domestic and commercial preparation, cooking and dispensing of food and from the handling, storage and sale of produce.

GRAB SAMPLE

A sample which is taken from a waste stream on a one-time basis, with no regard to the flow in the waste stream and without consideration of time.

HOLDING TANK WASTE

Any waste, resulting from human excrement, from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum pump tank trucks.

INCOMPATIBLE POLLUTANTS

Any pollutant which is not a compatible pollutant.

INDUSTRIAL WASTES

The wastewater discharges from industrial, manufacturing, trade or business processes or wastewater discharge from any structure with these characteristics, as distinct from their employee's domestic wastes or wastes from sanitary conveniences.

INDUSTRIAL WASTE PERMIT

A permit issued by the city to deposit or discharge industrial wastewater into any public sewer in the City of North Tonawanda.

INFLITRATION

That portion of groundwater which is unintentionally admitted to a sewer.

INTEGRATED FACILITIES

Industrial facilities with a combined wastestream.

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 operation of its sludge processes, use or disposal, and, therefore, is a cause of violation of the City’s SPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent federal, state or local regulations such as Section 405 of the Act; the Solid Waste Disposal Act (SWDA), including Title II, commonly referred to as the "Resource Conservation and Recovery Act" (RCRA); any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research and Sanctuaries Act.

[Amended 12-17-2013]

LABORATORY DETERMINATION

The measurements, tests and analyses of the characteristics of waters and wastes in accordance with the methods contained in the latest edition at the time of any such measurements, tests or analyses of the characteristics of waters and wastes in accordance with the methods contained in 40 CFR 136 or in accordance with any other method prescribed by the rules and regulations promulgated pursuant to this Article.

NATIONAL CATEGORICAL PRETREATMENT STANDARD

Any federal regulation containing pollutant discharge limits promulgated by the EPA which applies to a specific category of industrial users.

NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE STANDARD

Any regulations developed under the authority of 307(b) of the Act and 40 CFR 403.5.

NATURAL OUTLET

Any outlet into a watercourse, pond, ditch, lake or other body of surface or groundwater.

NEW SOURCE

[Amended 12-17-2013]

Any building, structure, facility or installation 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, provided that:

The building, structure, facility or installation is constructed at a site at which no other source is located; or

The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

The production or wastewater-generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered.

Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of Subsection (1)(b) or (c) above, but otherwise alters, replaces, or adds to existing process or production equipment.

Construction of a new source, as defined under this section, has commenced if the owner or operator has:

Begun, or caused to begin, as part of a continuous on-site construction program:

Any placement, assembly, or installation of facilities or equipment; or

Significant site preparation work, including clearing, excavation or removal of existing buildings, structure, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or

Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies, do not constitute a contractual obligation under this subsection.

NORMAL SEWAGE

Sewage which, when analyzed, shows, by weight, a daily average of not more than the following, and which is otherwise acceptable into a public sewer under the terms of this ordinance.

Biological oxygen: 300 parts per million.

Suspended solids: 300 parts per million.

NORTH TONAWANDA WASTEWATER TREATMENT PLANT

Phosphate, as "P": 15 parts per million.

That portion of the publicly owned treatment works which is designed to provide treatment (including recycling and reclamation) of municipal sewage and industrial waste.

[Added 12-17-2013]

OPERATION AND MAINTENANCE

All work, materials, equipment, utilities, administration and other effort required to operate and maintain the sewage works consistent with ensuring adequate treatment of wastewater to produce an effluent in compliance with the SPDES permit and other applicable state and federal regulations, and includes the cost of replacement.

PASS-THROUGH

A discharge which exits the POTW into waters of 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 National Pollutant Discharge Elimination System (NPDES) permit, including an increase in the magnitude or duration of a violation.

[Added 12-17-2013]

PERSON

Any individual, partnership, copartnership, firm, company, corporation, association, joint-stock company, trust, estate, governmental entity or any other legal entity, or its legal representatives or agents.

The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.

PLUMBING INSPECTOR

The Plumbing Inspector of the City of North Tonawanda, or his authorized agent or representative.

PHOSPHORUS

The total phosphorus content of a sample, including all of the orthophosphates and condensed phosphates, both soluble and insoluble, and organic and inorganic species, and referred to in Standard Methods as "total phosphorus."

POLLUTANT

Any of various chemicals, substances and refuse materials, such as solid waste, sewage, garbage, sewage sludge, chemical wastes, biological materials, radioactive materials, heat and industrial, municipal and agricultural wastes which impair the purity of the water and soil.

POLLUTED WATER or WASTE

Any water or liquid waste containing any of the following: phenols or other substances to an extent imparting taste or odor in receiving waters; toxic or poisonous substances in suspension, coloidal state of solution; noxious odorous gases; more than 10,000 parts per million, by weight, of dissolved solids; more than 2,500 parts per million, by weight, of dissolved chlorides; more than 10 parts per million, by weight, each of suspended solids or BOD; color exceeding 50 parts per million, by weight; having a pH value of less than 5.5 or more than 9.5; as well as any water or waste not approved for discharge to a natural outlet by appropriate state and/or federal authority.

POLLUTION

The man-made or man-induced alteration of the chemical, physical, biological or radiological integrity of water.

PRETREATMENT REQUIREMENTS

Any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard, imposed on an industrial user.

[Amended 12-17-2013]

PRETREATMENT STANDARDS

National Categorical Pretreatment Standards, Alternative Discharge Limits, or other federal, state or local standards, whichever are applicable.

PRETREATMENT or TREATMENT

The reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature 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 sewage works. The reduction or alteration can be obtained by physical, chemical or biological processes, or process changes by other means, except as prohibited by 40 CFR 403.6(d).

PROCESS WASTEWATER

Any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by-product, or waste product.

[Added 12-17-2013]

PROPERLY SHREDDED GARBAGE

Garbage that has been shredded to such a degree that all particles will be carried freely under the flow condition normally prevailing in public sewers, with no particle greater than 1/2 inch in any dimension.

PUBLICLY OWNED TREATMENT WORKS

A treatment works owned by the City of North Tonawanda. 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 sewers, pipes and other conveyances only if they convey wastewater to a North Tonawanda Wastewater Treatment Plant. The term also means the municipality, in this case the City of North Tonawanda, which has jurisdiction over the indirect discharges to and the discharges from such a treatment works.

[Added 12-17-2013]

PUBLIC SEWER

A sewer in which all owners of abutting properties have equal rights and which is controlled by the city.

REPLACEMENT

The replacement, in whole or in part, of any equipment in the wastewater transportation or treatment systems to ensure continuous treatment of wastewater in accordance with the SPDES permit and other state and federal regulations.

SANITARY SEWER

A sewer which carries sewage and to which storm-, surface and groundwaters are not intentionally admitted.

SEWAGE TREATMENT or WASTEWATER TREATMENT PLANT or POTW PLANT

Any arrangement of devices and structures used for treating sewage, also referred to as "North Tonawanda Wastewater Treatment Plant (NTWWTP)."

[Amended 12-17-2013]

SEWAGE or WASTEWATER

The liquid and watercarried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities and institutions, together with any groundwater, surface water and stormwater that may be present, whether treated or untreated, which is contributed into or permitted to enter the sewage works.

SEWAGE WORKS

All municipal facilities for collecting, pumping, treating and disposing of sewage and/or sludge, also referred to as "publicly operated treatment works (POTW)."

SEWER

A pipe or conduit for carrying sewage.

SEWER RENTS

A sewer service charge pursuant to the Sewer Rent Law adopted by the city pursuant to Article 14-F of the General Municipal Law of the State of New York.[1]

SEWER SERVICE CHARGE

The sum of any applicable user charges, surcharges and debt service charges.

SIGNIFICANT INDUSTRIAL USER

[Amended 12-17-2013]

A user subject to categorical pretreatment standards; or

A user that:

Discharges an average of 25,000 gallons per day (gpd) or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater);

Contributes a process wastestream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the NTWWTP; or

Is designated as such by the City on the basis that is has a reasonable potential for adversely affecting the POTW operation or for violating any pretreatment standard or requirement.

SIGNIFICANT NONCOMPLIANCE (VIOLATION)

Upon finding that a user meeting the criteria in Subsection (2) has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the City may, at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.

A violation or violations that meet(s) one or more of the following criteria:

[Amended 12-17-2013]

Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all of the measurements taken for the same pollutant parameter during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR 403.3(l);

Technical review criteria (TRC) violations, defined here as those in which 33% or more of all of the measurements taken for the same pollutant parameter during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR 403.3(l), multiplied by the applicable TRC (TRC=1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH);

Any other violation of a pretreatment standard or requirement as defined by 40 CFR 403.3(l) (daily maximum, long-term average, instantaneous limit, or narrative standard) that the POTW determines has caused, alone or in combination with other discharges, interference or pass-through (including endangering the health of POTW personnel or the general public);

Any discharge of a pollutant that has caused imminent endangerment to human health or welfare or to the environment or has resulted in the POTW's exercise of its emergency authority to halt or prevent such a discharge;

Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance;

Failure to provide, within 30 days after the due date, required reports such as baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;

STANDARD INDUSTRIAL CLASSIFICATION (SIC)

Failure to accurately report noncompliance;

(8)

Any other violation or group of violations, which may include a violation of best management practices, which the POTW determines will adversely affect the operation or implementation of the local pretreatment program.

SLUG

Any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge, which has a reasonable potential to cause interference or pass-through, or in any other way violates the POTW's regulations, local limits or permit conditions.

[Amended 12-17-2013]

A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.

STANDARD METHODS

Standard Methods for the Examination of Water and Wastewater, prepared and published jointly by the American Public Health Association, the American Waterworks Association and the Water Pollution Control Federation, latest edition.

STATE

The State of New York.

STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM OR SPDES PERMIT

A permit issued pursuant to Section 402 of the Act (33 U.S.C. § 1342).

STORM SEWER or STORM DRAIN

A sewer which carries storm and surface waters and drainage, but excludes sewage and polluted industrial wastes.

STORMWATER

Any flow occurring during or following any form of natural precipitation and resulting therefrom.

SUPERINTENDENT

The Superintendent of Wastewater Facilities of the City of North Tonawanda, or his authorized agent or representative.

SURCHARGE

A charge to cover the extra cost of treating, sampling and testing abnormal sewage.

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.

TOXIC POLLUTANTS

Any pollutant or combination of pollutants which is or can potentially be harmful to public health or environment, including those listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provisions of CWA 307(a) or other acts.

UNPOLLUTED WATER OR WASTE

Any water or waste containing less than the concentrations of the constituents listed in the definition of "polluted water or waste" and/or which is approved for discharge to a natural outlet by appropriate state and/or federal authority.

USER

Any person who contributes, causes or permits the contribution of wastewater into the sewage works.

USER CHARGE

A charge levied on users of a treatment works for the cost of operation and maintenance of sewerage works pursuant to Section 204(b) of PL 92-500, and includes the cost of replacement.

USER CLASS

The kind of user connected to sanitary sewers, including but not limited to residential, industrial, commercial, institutional and governmental.

RESIDENTIAL USERA user of the treatment works whose premises or buildings are used primarily as a domicile for one or more persons, including dwelling units such as detached, semidetached and row houses, mobile homes, apartments or permanent multifamily dwellings. (Transit lodging is not included; it is considered commercial).

INDUSTRIAL USERAny user who discharges an industrial waste as defined in this ordinance.

COMMERCIAL USERAn establishment listed in the Office of Management and Budget's Standard Industrial Classification Manual (SICM), 1972 Edition, involved in a commercial enterprise, business or service which, based on a determination by the city, discharges primarily segregated domestic wastes or wastes from sanitary conveniences and which is not a residential user or an industrial user.

INSTITUTIONAL USERAny establishment listed in the SICM involved in a social, charitable, religious or educational function which, based on a determination by the city, discharges primarily segregated domestic wastes or wastes from sanitary conveniences.

GOVERNMENTAL USERAny federal, state or local governmental user of the wastewater treatment works.

WATERCOURSE

A channel in which a flow of water occurs, either continuously or intermittently.

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 or border upon the state or any portion thereof.

Editor's Note: See Article II of this chapter.

Word usage. "Shall" is mandatory, "may" is permissive.

§ 75-2 Abbreviations.

The following abbreviations shall have the designated meanings:

BOD — Biochemical oxygen demand.

CFR — Code of Federal Regulations.

COD — Chemical oxygen demand.

EPA — Environmental Protection Agency.

l — liter.

mg — milligrams.

mg/l — milligrams per liter.

SPDES — State Pollutant Discharge Elimination System.

NYSDEC — New York State Department of Conservation.

SIC — Standard Industrial Classification.

SS — Suspended solids.

U.S.C. — United States Code.

O and M — Operation and maintenance.

CWA — Clean Water Act.

ASTM — American Society for Testing and Materials.

WPCF — Water Pollution Control Federation.

P — Phosphorus.

POTW — Publicly owned treatment works.

[Added 12-17-2013]

§ 75-3 Use of public sewers required.

It shall be unlawful for any person to place, to deposit, to cause to be placed or deposited or to permit to be placed or deposited in any unsanitary manner upon public or private property within the City of North Tonawanda any human excrement, garbage or other objectionable waste.

It shall be unlawful to discharge to any natural outlet within the City of North Tonawanda any polluted water or waste except where suitable treatment has been provided in accordance with subsequent provisions of this Article. In any case where water or waste discharged to a natural outlet is to be classified as unpolluted by virtue of the issuance of state and/or federal discharge permit(s), valid copies of such permit(s) shall be filed with the City, together with any modifications thereof.

Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage unless permission is obtained from the city.

The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purpose, situated within the city and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary sewer or combined sewer of the city, is hereby required, at his expense, to install suitable toilet facilities therein and to connect such facilities directly to the proper public sewer in accordance with the provisions of this ordinance within 90 days after the date of official notice to do so, provided that said public sewer is within 100 feet of the property line.

All building sewers connecting from privately owned premises to the public sewers shall be installed by the owner of the premises, to be serviced at the owner’s expense. The owner shall also clean, make repairs to, and replacements of, the building sewer to maintain it as necessary at the owner’s expense.

[Added 8-17-2010]

All drainage pipes connecting from privately owned premises or property to public drainage structures shall be installed by the owner of the premises, or property to be serviced, at the owner’s expense. The owner shall also clean, make repairs to, and replacements of, the drainage pipes to maintain them as necessary at the owner’s expense.

[Added 8-17-2010]

§ 75-4 Building sewer construction; specifications; connections; permit.

No unauthorized person shall uncover, make any connection to or openings into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining written premission from the City Engineer.

There shall be two classes of building sewer permits: for residential and commercial service and for service to establishments producing industrial wastes. In either case the owner or his agent shall make application on a special form furnished by the city. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgement of the city.

All costs and expenses incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the city from any loss or damage that may, directly or indirectly, be occasioned by the installation of the building sewer.

A separate and independent building sewer shall be provided for every residential and commercial building, except that, where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, courtyard or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.

Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Plumbing Inspector, to meet all requirements of this ordinance.

The building sewer shall be cast-iron solid pipe (ASTM A74), or other suitable material approved by the Plumbing Inspector. Joints shall be tight and waterproof. Where abnormal conditions are encountered, such as, but not limited to, unstable bedding conditions, anticipated unusual bearing loads on the pipe, proximity of potable water supply pipes or potential intrusion of tree roots, the Plumbing Inspector may impose additional requirements concerning the bedding, backfill, type of pipe or type of joints.

The size and slope of the building sewer shall be subject to the approval of the Plumbing Inspector, but in no event shall the diameter be less than four inches. The slope of any pipe between four inches and six inches in diameter shall not be less than 1/8 inch per foot.

No building sewer shall be laid parallel to or within three feet of any load-bearing wall which might thereby be weakened. The depth shall be sufficient to afford protection from frost. The building sewer shall be laid at a uniform grade and in a straight alignment insofar as possible. Changes in direction shall be made only with properly curved pipe and fittings.

In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such drain shall be lifted by approved artificial means and discharged into the building sewer.

All excavations required for the installation of a building sewer shall be open-trench work unless otherwise approved by the Plumbing Inspector. Pipelaying in backfill shall be performed in accordance with ASTM Specification C-12, except that no backfill shall be placed until the work has been inspected.

The connection of the building sewer into the public sewer shall be made at the Y-branch, if such branch is available at a suitable location. If no properly located Y-branch is available, the owner shall, at his expense, install an approved connection to the public sewer at the location specified by the Plumbing Inspector. No branch connection or house connection shall be introduced directly into a manhole without approval by the City Engineer.

The applicant for the building sewer permit shall notify the Plumbing Inspector when the building sewer is ready for inspection and connection to the public sewer. The connections shall be made under the supervision of the Plumbing Inspector.

All excavations for building sewers shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city. Satisfaction, in most cases, means that such work shall be restored with materials and same as the materials removed.

Whenever a building sewer or drainage pipe connecting to a public sewer or public drainage structure, respectively, is in need of repair and creates a condition which, in the opinion of the Superintendent of Public Works or other authority of competent jurisdiction, may tend to undermine a public roadway or create some other hazard or damage, the Superintendent of Public Works or other competent authority shall give notice in writing to the owner of record of the premises served by such building sewer or drainage pipe. Said notice shall demand that the owner make the necessary repairs within 10 days and shall advise that if the owner does not make the repairs, then the City will cause the repairs to be made, and the costs and expenses of the repairs shall be assessed upon the land being serviced by such building sewer or drainage pipes.

[Added 8-17-2010]

Whenever the owner of record of a parcel of land, who has been sent a notice from the Superintendent of Public Works to repair a building sewer or drainage pipe servicing such parcel, refuses or neglects to make said repairs, the Common Council, by resolution, may cause said repairs to be made, and the costs and expenses of making said repairs shall be assessed upon such parcel in the name of the owner of record. From the time the assessment roll shall have been completed, filed and confirmed, the sum therein assessed upon the specified parcel shall become a lien and charge upon the parcel superior to all other liens, excepting those owed to the City.

[Added 8-17-2010]

§ 75-5 Sewer use regulations.

No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, cooling water or unpolluted industrial process waters into any public sanitary sewer. Stormwater and all other unpolluted water or waste shall be discharged to such sewers as are specifically designated as combined sewers or to a natural outlet approved by the City Engineer, or, if such waters contain no contaminants, as defined in § 75-21, to such sewers as are specifically designated as storm sewers. Industrial cooling water or unpolluted process waters may be discharged, upon approval of the City Engineer, to a storm sewer, provided that such waters contain no contaminants, as defined in § 75-21, or to a combined sewer or natural outlet, provided that any county, state or federal permits required are obtained.

[Amended 2-5-2008]

In addition to the discharge prohibitions set forth in Article III of this chapter, no person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer:

[Amended 2-5-2008]

Any pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140° F. or 60° C. using the test methods specified in 40 CFR 261.21 in accordance with 40 CFR 403.5(b)(1).

[Amended 12-17-2013]

Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to substances in excess of the following concentrations:

Substance	Concentration (mg/l)
Cadmium	0.3
Total chromium	4.7
Copper	3.9
Lead	4.6
Mercury	0.005
Nickel	3.4
Zinc	14.0
Arsenic	4.9
Available chlorine	50.0
Cyanide-total	5.0
Selenium	1.3
Silver	6.0
Fluorides	4.0
Phenol	4.0
Beryllium	0.01

Any waters or wastes having a pH lower than 5.5, higher than 9.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment or personnel of the sewage works.

[Amended 12-17-2013]

Solid or viscous substances in quantities of such size capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works, such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, wood, plastics, unground garbage, whole blood, hair and fleshings, paunch manure, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.

Any noxious or malodorous substances which can form a gas which, either singly or by interaction with other wastes, is capable of causing objectionable odors or hazards to life or can form solids in a concentration exceeding limits established in this ordinance or creates any other condition deleterious to structures or treatment processes or requires unusual provision, attention or expense to handle such material.

Any wastewater discharged to any public sewer shall not exceed 150° F. Discharge to the public sewers must not cause treatment plant influent temperatures to exceed 104° F. If, in the opinion of the Superintendent, temperatures lower than 150° F. can harm either the sewers, sewage treatment process or equipment, have an adverse effect on the receiving stream, otherwise endanger life, limb or property or constitute a nuisance, discharge temperature limits lower than 150° F. may be established by said Superintendent.

No industrial waste will be permitted into the public sewers that may cause a deviation from the SPDES permit requirements, pretreatment standards or any other state and federal regulations.

(8)

Any substance which may cause the wastewater treatment plant effluent or any other product of the wastewater treatment plant, such as residues or sludges, to be unsuitable for reclamation and reuse or to interfere with the reclamation process.

(9)

Any wastewater containing unusual BOD, chemical oxygen demand or chlorine requirements so as to constitute a significant load on the sewage treatment works.

(10)

Unusual volume of flow or concentration of waste constituting slugs as herein defined.

(11)

Pollutants which result in the presence of toxic gases, vapors or fumes within the POTW in a quantity that may cause acute worker health and safety problems.

[Added 12-17-2013]

(12)

Trucked or hauled pollutants, except at discharge points designated by the Superintendent.

[Added 12-17-2013]

The city may establish more stringent requirements than those identified in this Section if necessary to protect the POTW, receiving waters and/or sludge reuse opportunities.

In addition to the discharge prohibitions set forth in Article III of this chapter, no person shall discharge or cause to be discharged the following described substances, materials, waters or wastes into any public sewer if it appears probable in the opinion of the Superintendent that such wastes can harm either the sewers, sewage treatment process or equipment, having an adverse effect on the receiving stream or otherwise endanger life, limb or property or constitute a nuisance. In forming his opinion as to the acceptability of such wastes, the Superintendent shall give consideration to such factors as the quantities of such wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of such wastes in the sewage treatment plant and other pertinent factors. The substance which may be so prohibited are:

[Amended 2-5-2008]

Any liquid having a temperature higher than 150° F. The city may lower the temperature requirement for specific users if it is found or suspected that the user's discharge at a temperature less than 150° F. would cause damage to the POTW or interference with the treatment plant.

Any water or waste containing fats, wax, grease or oils, whether emulsified or not, in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 30° F. and 150° F.

Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of 3/4 horsepower or greater shall be subject to the review and approval of the Superintendent.

Any waters or wastes containing strong acid iron-pickling wastes or concentrated plating solutions, whether neutralized or not.

Any waters containing iron, chromium, copper, zinc or similar objectionable or toxic substances, or wastes exerting an excessive chlorine requirement, in concentrations exceeding the following listed limits, or in the case of any substances not listed, exceeding limits established by the Superintendent.

Salts of a heavy metal in solution or suspension in concentrations exceeding the following:

Substance	Concentration (mg/l)
Aluminum	2
Iron	10
Boron	1
Sulphur	3

Elements which will damage collection facilities or are detrimental to treatment process.

Any waters or wastes containing phenols or other taste- or odor-producing substances in such concentrations exceeding limits which may be established by the Superintendent as necessary, after treatment of the composite sewage, to meet the requirements of the state, federal or other public agencies of jurisdiction for such discharge to the receiving waters.

Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Superintendent in compliance with applicable state or federal regulations.

(8)

Any waters or wastes having a pH in excess of 9.5.

(9)

Material which exerts or causes:

Unusual concentrations of inert suspended solids (such as, but not limited to, fuller's earth, lime slurries and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate).

Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).

(10)

Waters and wastes which are not amenable to treatment or reduction by the sewage treatment processes employed or which are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.

(11)

Any water or waste that contains more than 10 parts per million by weight of the following gases: hydrogen sulfide, sulphur dioxide or nitrous oxide.

Upon the promulgation of the National Categorical Pretreatment Standards for a particular industrial subcategory, the Pretreatment Standard, if more stringent than limitations imposed under this ordinance for sources in that subcategory, shall immediately supersede the limitations imposed under this ordinance and shall be considered part of this ordinance. The Superintendent shall notify all affected users of the applicable reporting requirements.

State requirements and limitations on discharge shall apply in any case where they are more stringent than federal requirements and limitations or those in this ordinance.

Decision of Superintendent.

If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters or wastes contain any of the substances or possess any of the characteristics enumerated in § 75-5C of this Article and which, in the opinion of the Superintendent, may have a deleterious effect upon the sewage works, processes, equipment or receiving waters or which may otherwise create a hazard to life or constitute a public nuisance, the Superintendent may:

Reject the wastes:

Require pretreatment to an acceptable condition for discharge to public sewers;

Require control over the quantities and rates of discharge; and/or

(d)

Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges.

If the Superintendent permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Superintendent and the City Engineer and shall be subject to the requirements of all applicable codes, ordinances and laws.

No user shall ever increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the National Categorical Pretreatment Standards or in any other pollutant-specific limitation developed by the city or state. Dilution may be an acceptable means of complying with some of the prohibitions set forth in § 75-5B upon prior written approval of the Superintendent.

Grease, oil and sand interceptors.

Grease, oil and sand interceptors shall be provided when, in the opinion of Plumbing Inspector, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or flammable wastes, sand and other harmful ingredients, except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Plumbing Inspector and shall be located so as to be readily and easily accessible for cleaning and inspection.

Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight and equipped with easily removable covers which, when bolted in place, shall be gastight and watertight.

Where installed, all grease, oil and sand interceptors shall be maintained by the owner at his expense in continuously efficient operation at all times. A schedule showing dates when the interceptors were cleaned shall be kept and be available to the Plumbing Inspector.

Where preliminary treatment of flow-equalizing facilities is provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.

Special procedures relating to industrial wastes.

Industrial wastewater discharge permits.

All industrial users proposing to connect to the sewage works shall obtain a wastewater discharge permit before connecting to or contributing to the sewage works. All existing industrial users connected to or contributing to the sewage works shall obtain a wastewater permit within 90 days after the effective date of this subsection. Users required to obtain a wastewater permit shall complete and file with the City an application in the form prescribed by the City, accompanied by any required fees. The wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the Superintendent to prevent pass-through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal and protect against damage to the POTW.

[Amended 12-17-2013]

Wastewater discharge permits must contain:

Effluent limits based on applicable pretreatment standards;

Self-monitoring, sampling, reporting, notification and record-keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on federal, state and local law; and

A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable federal, state or local law.

Wastewater discharge permits may contain, but need not be limited to, the following conditions:

Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;

Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices designed to reduce, eliminate, or prevent the introduction of pollutants into the POTW;

Requirements for the development and implementation of spill and/or slug control plans or other special conditions, including management practices, necessary to adequately prevent accidental, unanticipated or nonroutine discharges;

[d]

Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;

[e]

A statement of compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable federal, state and local pretreatment standards, including those which become effective during the term of the wastewater discharge permit; and

[f]

Other conditions as deemed appropriate by the Superintendent to ensure compliance with this Subsection; state and federal laws, rules and regulations.

Within 180 days of the promulgation or revision of a National Categorical Pretreatment Standard, all affected users must submit to the city the information required by § 75-5J(7) of this ordinance and 40 CFR 403.12b(1)-(7). Wastewater discharges shall be expressly subject to all provisions of this ordinance and all other applicable regulations, user charges and fees established by the city. The city may:

Set unit charges or a schedule of user charges and fees for the wastewater to be discharged to the sewage works.

Limit the average and maximum wastewater constituents and characteristics.

Limit the average and maximum rate and time of discharge or make requirements for flow regulations and equalization.

[4]

Require the installation and maintenance of inspection and sampling facilities.

[5]

Establish specifications for monitoring programs, which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule.

[6]

Establish compliance schedules and compliance progress reports.

[7]

Require submission of technical reports or discharge reports.

[8]

Require the maintaining, retaining and furnishing of plant records relating to wastewater discharge as specified by the city and affording city access thereto and submitting copies thereof.

[9]

Require notification of the city for any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system.

[10]

Require notification of sludge discharges.

[11]

Require notification of spill discharges.

[12]

Require other conditions as deemed appropriate by the city to ensure compliance with this ordinance.

Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user's existing permit. The city shall inform the user of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises or a new or changed operation without the approval of the city. Any succeeding owner or user shall also comply with the terms and condition of the existing permit.

Structures required. The city may require that a user discharging industrial waste into a sanitary sewer construct a suitable control manhole downstream from any treatment or storage tanks or other approved works utilized by such person for pretreatment, such control manhole to be for the purpose of facilitating observations, measurements and sampling of all waste created and discharged by such person. The control manhole shall be constructed and installed at the expense of the person discharging the waste, and it shall be maintained at the expense of such person at all times in a safe, acceptable and proper operating condition.

Accidental discharge/slug control plan.

[Amended 12-17-2013]

Significant industrial users.

Within one year of being designated a significant industrial user and as necessary thereafter, the Superintendent shall evaluate whether each significant industrial user needs an accidental discharge/slug control plan. Significant industrial users are required to notify the POTW immediately of any changes at their facilities affecting potential for a slug discharge. The Superintendent may require any user to develop, submit for approval and implement such a plan. Alternatively, the Superintendent may develop such a plan for any user. An accidental discharge/slug control plan shall contain, at a minimum, the following elements:

A. description of discharge practices, including nonroutine batch discharges;

A description of stored chemicals;

Procedures for immediately notifying the POTW of slug discharges, including any discharge that would violate a prohibition under 40 CFR 403.5(b), with procedures for follow-up written notification within five days;

[d]

If necessary, procedures to prevent adverse impact from accidental spills, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and/or measures and equipment for emergency response.

Where required by the city or state and federal laws, a user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this ordinance. The city may require information from a user on all materials which are used or could be discharged either directly or through spills. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner's or user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the city for review and shall be approved by the city before construction of the facility. All required users shall complete such a plan within 90 days. If required by the city, a user who commences contribution to the sewage works after the effective date of this ordinance shall not be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the city. Review and approval of such plans and operating procedures shall not relieve the user from the responsibility to modify the user's facility as necessary to meet the requirements of this ordinance. In the case of accidental discharge, it is the responsibility of the user to immediately telephone and notify the sewage works of the incident. The notification shall include location of discharge, type of waste, concentration and volume and corrective actions.

Written notice. Within three days following an accidental discharge, the user shall submit to the Superintendent a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the sewer works, fishkills or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties or other liability which may be imposed by this Article or other applicable law.

Notice to employees. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees of whom to call in event of a dangerous discharge. Employees shall ensure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure.

Disconnection. If any person depositing or discharging industrial waste into the public sewer fails to secure an industrial wastewater permit within the time prescribed herein or if any person allows or causes waste of unacceptable quality under the requirements of this Article to be discharged into any public sewer in the City of North Tonawanda, the Superintendent is authorized, if such person is using City of North Tonawanda water, to cause the disconnection of such person's service line from the city's water system and/or to disconnect such person's connection to the city's public sewer system, and the same shall only be reconnected at the owner's expense. If such person does not use City of North Tonawanda water, the Superintendent is authorized to disconnect such person's connection to the city's public sewer system, and the same shall only be reconnected at the owner's expense. The Superintendent shall notify the occupant or user of the premises where the waste is generated 48 hours before disconnecting the water or sewer service line. No sewer connection or water connection disconnected hereunder thall be reconnected until the condition causing the disconnection has been corrected.

Show-cause hearing.

Any user subject to enforcement action under the provisions of this ordinance or the wastewater contribution permit may request a hearing before the Engineer within 10 days of receipt of notification of proposed enforcement action. A hearing is to be held by the Engineer concerning the violation, the reasons why the action is to be taken and the proposed enforcement action and directing the user to show cause before the City Engineer why the proposed enforcement action should not be taken.

The Engineer may conduct the hearing and take the evidence or may designate any officer or employee to:

Issue in the name of the City Engineer notices of the hearing requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings.

Take the evidence.

Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the City Engineer for action thereon.

At any hearing held pursuant to this ordinance, testimony taken must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of any changes thereof.

(d)

After the City Engineer has reviewed the evidence, he may issue an order to the user responsible for the discharge directing that, following a specified time period, the sewer service shall be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed on existing treatment facilities and that said devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued. The City Engineer shall also establish appropriate charges, surcharges or fees to reimburse the city for the additional cost of operation and maintenance of the wastewater treatment works due to the violations of this ordinance. Any action by the City Engineer may be appealed to the Common Council.

Permit map. Each application for an industrial waste permit shall be accompanied by a permit map drawn to a sufficient scale to show the locations of all sewers, pipes and drains which collect and convey sewage, industrial wastes and/or cooling waters from their points of origin to the public sewers. Each pipe or sewer shall be labeled and noted as to the substance it is conveying. Each inlet or entrance point into the sewer system shall be shown on the map, and each point shall be labeled with all substances or wastes which can enter the system at that point.

Reports.

[Amended 12-17-2013]

Baseline monitoring reports.

Within either 180 days after the effective date of a categorical pretreatment standard or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical users currently discharging to, or scheduled to discharge to, the POTW shall submit to the Superintendent a report which contains the information listed in Subsection J(7)(a)[2] below. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the Superintendent a report which contains the information listed in Subsection J(7)(a)[2], below. A new source shall report the method of pretreatment it intends to use to meet the applicable categorical standards. A new source also shall give estimates of its anticipated flow and quality of pollutants to be discharged.

Users described above shall submit the information set forth below:

Identifying information: the name and address of the facility, including the name of the operator and owner.

Environmental permits: a list of any environmental control permits held by or for the facility.

Description of operations: a brief description of the nature, average rate of production, and standard industrial classification of the operation(s) carried out by such user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes.

[d]

Flow measurement: information showing the measured average daily and maximum daily flow, in gallons per day (gpd), to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in 40 CFR 403.6(e).

[e]

Measurement of pollutants:

[i]

The categorical pretreatment standards applicable to each regulated process.

[ii]

The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the Superintendent, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations.

[f]

Certification: a statement, reviewed by the user's authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.

[g]

Compliance schedule: if additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall be no later than the compliance date established for the applicable pretreatment standard.

[h]

Signature and certification: all baseline monitoring reports must be signed and certified.

Compliance schedule progress reports. The following conditions shall apply to the compliance schedule:

The schedule shall contain progress increments 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 user to meet the applicable pretreatment standards. Such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation;

No increment referred to above shall exceed nine months;

The user shall submit a progress report to the Superintendent no later than 14 days following each date in the schedule and the final date of compliance, including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule; and

[4]

In no event shall more than nine months elapse between such progress reports to the Superintendent.

Reports on compliance with categorical pretreatment standard deadline.

Within 90 days following the date for the final compliance with applicable categorical pretreatment standards, or, in case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the Superintendent a report containing the information described above in Subsection J(7)(a)[1] and [2] of this article.

For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long-term production rate.

For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with this article.

(d)

Periodic compliance reports.

All significant industrial users shall, at a frequency determined by the Superintendent, but in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by the pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with this article.

All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working condition at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.

If the user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the Superintendent, using the procedures prescribed in this article, the results shall be included in the report.

(e)

Reports of changed condition. Each user must notify the Superintendent of any planned significant changes to the user's operation or system which might alter the nature or volume of its wastewater at least 30 days before the change.

The Superintendent may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under this article.

The Superintendent may issue a wastewater discharge permit under this article or modify an existing wastewater discharge permit under this article in response to changed conditions or anticipated changed conditions.

For purposes of this requirement, significant changes include, but are not limited to, flow increases of 20% or greater and the discharge of any previously unreported pollutants.

(f)

Reports of potential problems.

In the case of any discharge, including, but not limited to, accidental discharges; discharges of a nonroutine, episodic nature; a noncustomary batch discharge; or a slug load, that may cause potential problems for the POTW, the user shall immediately telephone and notify the Superintendent of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective action taken by the user.

Within five days following such discharge, the user shall, unless waived by the Superintendent, submit a detailed written report describing the cause(s) of the discharge and the measures taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this article.

A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees who to call in the event of a discharge described in Subsection J(7)(f)[1] above. Employers shall ensure that all employees who may cause such a discharge to occur are advised of the emergency notification process.

(g)

Reports from unpermitted users. All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the Superintendent as required by the Superintendent.

(h)

Notice of violation/repeat sampling and reporting. If sampling performed by a user indicates a violation, the user must notify the Superintendent within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results to the Superintendent within 30 days after becoming aware of the violation. The user is not required to resample if the Superintendent and/or lab personnel monitors at the user's facility at least once a month, or if the Superintendent and/or lab personnel samples between the user's initial sampling and when the user receives the results of this sampling.

(i)

Notification of discharge of hazardous waste.

Any user who commences the discharge of hazardous waste shall notify, in writing, the POTW, the EPA Regional Waste Management Division Director, and New York State hazardous waste authorities, of any discharge into the POTW of a substance which, if otherwise disposed of, would be hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch or other). If the 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 user:

An identification of the hazardous constituents in the waste(s);

An estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month;

An estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months.

All notifications must take place no later than 180 days after the discharge commences. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under Subsection J(7)(e)[1] through [3] of this article. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements set forth in Subsections J(7)(a), (c) and (d) of this article.

Discharges are exempt from the requirements of Subsection J(7)(i)[1] above during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.

[4]

In the case of any new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must notify the Superintendent, the EPA Regional Waste Management Division Director, and New York State hazardous waste authorities of the discharge of such substances within 90 days of the effective date of such regulations.

[5]

In the case of any notification made under this section, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous waste(s) generated to the degree it has determined to be economically practical.

[6]

This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this article, a permit issued thereunder, or any applicable federal or state law.

(j)

The Superintendent may also impose mass limitations on users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases in which the imposition of mass limitations is appropriate. In such cases, the report required above shall also indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user.

Notwithstanding any conflicting provision contained in this Article, the disposal into the sewer system of any pollutants by any person is unlawful except in compliance with federal standards promulgated pursuant to the Federal Water Pollution Control Act Amendments of 1972.

Industrial users shall provide necessary wastewater treatment as required to comply with this ordinance and shall achieve compliance with all pretreatment standards within the time limitation as specified by the federal pretreatment regulations and as required by the city. Any facilities required to pretreat wastewater to a level acceptable to the city 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 city for review and shall be approved by the city before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the city under the provision of this ordinance. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the city prior to the user's initiation of the changes. As required by Section 403.8(f)(2)(vii) of the Federal Register, the city shall annually publish in the major local newspaper a list of the users which were significantly violating any applicable pretreatment requirements or standards during the 12 previous months. The notification shall also summarize any enforcement actions taken against the user(s) during the same 12 months. All records relating to compliance with pretreatment standards shall be made available to officials of the EPA or NYSDEC upon request.

Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspection shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the City Engineer that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user. When requested by the person furnishing a report, the portion of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to this ordinance, the State Pollutant Discharge Elimination System (SPDES) permit or the pretreatment programs; provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information. Information accepted by the city as confidential shall not be transmitted to any governmental agency or to the general public by the city until and unless a ten-day notification is given to the user. Any such release of information shall be made in accordance with Section 403.14 of the Federal Register.

§ 75-6 Inspection.

The inspectors, agents or representatives of the City of North Tonawanda charged with the enforcement of this ordinance shall be deemed to be performing a governmental function for the benefit of the general public, and neither the City of North Tonawanda, its officers nor the individual inspector, agent or representative shall ever be held liable for any loss or damage, whether real or asserted, caused or alleged to have been caused as a result of the performance of such governmental function. The owners or occupants of premises where industrial waste is created or discharged into sewers shall allow the Superintendent, the City Engineer or their inspectors, agents or representatives free access at all reasonable times to all parts of such premises for the purpose of inspection or sampling or any of their duties hereunder, and the failure or refusal of such owners or occupants to comply with this provision shall be grounds for the disconnection of water and/or sewer service. Such owners or occupants shall allow authorized employees of the Niagara County Health Department, the New York State Department of Environmental Conservation or the United States Environmental Protection Agency free access at all reasonable times to all parts of such premises for the purpose of review and copying of records, inspections, observations, measurements, sampling and testing, and the failure or refusal of such owners or occupants to comply with this provision shall be grounds for the disconnection of water and/or sewer service.

§ 75-7 Charges.

Sewer service charges.

All persons discharging or depositing wastes into the public sewers shall pay a sewer service charge proportional to the liquid volume of waste so deposited, which charge shall be collected as a sewer rent.

Where the person discharging wastewater into the sanitary sewers of the city procures any part or all of his water supply from sources other than one recognized and accepted by the city, all or part of which is discharged into the sanitary sewer, the person discharging said waste shall install and maintain, at his expense, water meters to a type approved by the city for the purpose of determining the proper volume of flow to be charged. The city shall be allowed to read such private meters.

Abnormal sewage surcharge. All persons discharging or depositing industrial wastes classified as "abnormal sewage" shall pay a surcharge as follows for capital and operation and maintenance:

For BOD in excess of 300 mg/l (daily average):

S_B = V X 8.34 X R_B (BOD — 300).

For SS in excess of 300 mg/l (daily average):

S_S = V X 8.34 X R_S (SS — 300).

For P in excess of 15 mg/l (daily average):

	S_P = V X 8.34 X R_P X (p-15).
Where:
	S_B	=	Surcharge for BOD in dollars.
	S_S	=	Surcharge for SS in dollars.
	S_P	=	Surcharge for P in dollars.
	V	=	Million gallons of liquid waste during billing period.
	8.34	=	Pounds per gallon of water.
	R_B	=	Unit surcharge in dollars per pound of biochemical oxygen demand.
	R_S	=	Unit surcharge in dollars per pound of suspended solids.
	R_P	=	Unit surcharge in dollars per pound of phosphate as "P."

Measurement flow. The volume of flow to be used in computing sewer service charges and abnormal sewage surcharges shall be based upon metered water consumption as shown on the records of meter readings maintained by the Water Department of the City of North Tonawanda. In the event that a person discharging wastes into the public sewer system produces evidence to the Superintendent demonstrating that a substantial portion of the total amount of water used for all purposes does not reach the sewer system, the Superintendent shall either establish a percentage of the total water consumption to be used as a basis for such computation or direct the installation of appropriate flow-measuring devices to measure and record the actual amount of flow into the public sewers. In the event that a person discharging wastes into the public sewer system procures any part or all of his water supply from sources other than the Water Department of the City of North Tonawanda, the Superintendent shall either direct the installation of waste meters on the other sources of water or direct the installation of appropriate flow-measuring devices to measure and record the actual amount of flow into the public sewers. Any water meters and/or flow-measuring devices installed pursuant to this subsection shall be of a type and design acceptable to the Superintendent and the City Engineer and shall be installed, maintained and periodically tested as required by the Superintendent by the owner at his expense. All such meters and/or flow-measuring devices shall be subject to periodic inspection, testing and reading by the Superintendent. Any person discharging wastes into the public sewer system may install a flow-measuring device at his option, of the type, design, installation and maintenance standards of the Superintendent, at the owner's expense.

Determining the character and concentration of waste. The industrial waste discharged or deposited into the public sewers shall be subject to periodic inspection and sampling as often as may be deemed necessary by the Superintendent. Samples shall be collected in such a manner as to be representative of the character and concentration of the waste under operational conditions. The laboratory methods used in the examination of said waste shall be those set forth in 40 CFR 136. The determination of the character and concentration of industrial waste shall be made by the Superintendent at such times and on such schedules as may be established by the Superintendent. Sampling and analysis shall be done at the expense of the owner or occupant discharging the waste.

Establishment of rates. Sewer service charge rates and abnormal sewage surcharge rates shall be established annually by the Common Council of the City of North Tonawanda at such level as to create an equitable distribution of the expense of operating and maintaining the sewage works and shall take into account the extra costs involved in administering the special requirements relating to industrial wastes, as well as any additional expenses in operating and maintaining the sewage works necessitated by the presence of industrial wastes. The additional discharges and fees associated with the operation of the pretreatment program may include costs for:

Reimbursement of costs of setting up and operating the pretreatment program.

Monitoring, inspections and surveillance procedures.

Reviewing accidental discharge procedures and construction.

Filing appeals.

Consistent removal by the City of North Tonawanda of pollutants otherwise subject to federal pretreatment standards.

Others as the City of North Tonawanda may deem necessary to carry out the requirements contained herein.

Capital recovery. The City of North Tonawanda may institute an equitable procedure for recovering this cost of any capital improvements of those parts of the sewage works which collect, pump, treat and dispose of industrial waste from those persons generating such wastes.

Collection of charges. Provisions of the ordinances relating to collection of water charges shall apply to the collection of sewer service charges and abnormal sewer surcharges, unless where otherwise provided by application of the Sewer Rent Law adopted by the city.[1]

Editor's Note: See Article II of this chapter.

Fiscal year for system. The sewerage system shall be operated on the basis of a fiscal year commencing on the first day of January and ending on the 31st day of December.

Use of proceeds; revisions of rates.

The rates fixed by resolution of the Common Council of the city as provided herein shall be sufficient to provide for the payment of any or all indebtedness, to provide for the expenses of administration and operation and such expenses of maintenance of such system as are necessary to preserve the same in good repair and working order, to build up a reasonable reserve for equipment replacement thereof. Such rates shall be fixed and revised from time to time as may be necessary to produce these amounts. An annual audit shall be prepared. Based on said audit, rates for sewage services shall be reviewed annually and revised as necessary to meet system expenses and to insure that all user classes pay their proportionate share of operation, maintenance and equipment replacement cost.

If any of the replacement funds are spent before the twenty-year period and where the replacement fund is based on the sinking fund method, the annual cost must be reviewed to compensate for the loss in principal.

Use of gross revenues. Except as otherwise provided by this chapter, the gross revenues received by virtue of this Article shall be set aside and used for the operation, maintenance and equipment replacement of this sewage works.

Connection charges relating to sewers, sanitary sewers or storm sewers constructed by means of a letter of intent; use of charges. Where a sewer or sanitary sewer is constructed by a landowner, said landowner shall pay the cost of construction. Construction shall not be commenced until all required permits are obtained and connection charges are paid to the city. The Common Council of the city may establish such connection charges or costs by resolutions as that body deems fit.

§ 75-8 Records; annual audit and review; insurance.

The city will maintain and keep proper books of records and accounts, separate from all other records and accounts, in which shall be made full and correct entries of all transactions relating to the system. The city will cause an annual audit of such books of records and accounts for the preceding operating year to be made by a recognized independent certified public accountant and will supply such audit report to authorized public officials on request.

In conjunction with the audit, there shall be an annual review of the sewer charge system for adequacies meeting expected expenditures for the following year.

Classification of old and new industrial users should also be reviewed annually.

The city will maintain and carry insurance on all physical properties of the system, of the kinds and in the amounts normally carried by public utility companies and municipalities engaged in the operation of sewage disposal systems. All moneys received for losses under any such insurance policies shall be applied solely to the replacement and restoration of the property damaged or destroyed.

§ 75-9 Penalties for offenses.

Any violation of §§ 75-2, 75-3, 75-4, 75-5, or 75-6 of this ordinance is hereby declared a violation except as otherwise provided by law. Notwithstanding the provisions of this section, any violation of Article III of this chapter shall be enforced as provided therein.

[Amended 2-5-2008]

Any person who violates the provisions of § 75-2, 75-3, 75-4, 75-5 or 75-6 of this article, upon conviction thereof in a court of competent jurisdiction, may be punished by a fine of up to $1,000 per violation, and each day on which there is a failure to comply shall be and is hereby declared to be a distinct and separate offense and punishable as such.

[Amended 5-15-1990; 12-17-2013]

The City of North Tonawanda may also maintain an action or proceeding in the name of the City of North Tonawanda in a court of competent jurisdiction to collect a civil penalty of up to $1,000 per day for each violation of § 75-2, 75-3, 75-4, 75-5 or 75-6 of this article or violations of federal and state pretreatment requirements or seek appropriate legal action and/or injunctive relief.

[Amended 5-15-1990; 12-17-2013]

Any person violating any of the provisions of this ordinance shall become liable to the City of North Tonawanda for such expense, loss or damage occasioned by the City of North Tonawanda by reason of such violation.

Suspension of service.

The city may suspend the wastewater treatment service and/or wastewater discharge permit when such suspension is necessary, in the opinion of the city, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons or the environment, causes interference to the POTW or causes the city to violate any condition of its SPDES permit.

Any person notified of a suspension of the wastewater treatment service shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, the city shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individuals. The city shall reinstate the wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the city within 15 days of the day of occurrence.

Any user who violates the following conditions of this ordinance or applicable state and federal regulations is subject to having his permit revoked or appropriate legal action and/or injunctive relief, in accordance with the procedures of § 75-9 of this ordinance:

Failure of a user to factually report the wastewater constituents and characteristics of his discharge;

Failure of the user to report significant changes in operations or wastewater constituents and characteristics;

Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring;

Violation of a condition of the permit; or