A.
This chapter regulates the use of public and private
sewers and drains, private sewage disposal, the installation and connection
of building sewers and discharge of waters and waste into the public
sewer system of the City of Lockport, hereinafter referred to as the
"City." In addition, this chapter provides for the necessary and convenient
procedures for the City to monitor compliance and to bring violators
into compliance with the provisions of this chapter.
B.
This chapter sets forth uniform requirements for contributors
into the wastewater collection and treatment system for the City and
enables the City to comply with all applicable state and federal laws
required by the Clean Water Act of 1977 and the General Pretreatment
Regulations (40 CFR 403).
C.
This chapter provides for the regulation of contributors
to the POTW through the issuance of wastewater discharge permits to
certain nondomestic users and through enforcement of general requirements
for all users, authorizes monitoring and enforcement activities, requires
user reporting, assures that existing customer's capacity will not
be preempted and provides for the setting of fees for the equitable
distribution of costs resulting from the program established herein.
D.
Except as otherwise provided herein, the Director
of Utilities of the Lockport wastewater treatment plant shall administer,
implement and enforce the provisions of this chapter.
The specific objectives of this chapter include:
A.
To prevent the introduction of pollutants into the
POTW which will interfere with the operation of the POTW or contaminate
the resulting sludge.
B.
To prevent the introduction of pollutants into the
POTW which will pass through the POTW into receiving waters, the atmosphere
or otherwise be incompatible with the POTW.
C.
To improve and/or ensure the opportunity to recycle
and reclaim wastewaters and sludges from the POTW.
D.
To provide for equitable distribution of the cost
of the POTW.
A.
ACT OR THE ACT
APPROVAL AUTHORITY
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER
(1)
(2)
(3)
BOD (BIOCHEMICAL OXYGEN DEMAND)
BUILDING DRAIN
BUILDING SEWER
CITY
COMBINED SEWER
COOLING WATER
DIRECTOR OF UTILITIES
DRAINAGE WATER
ENVIRONMENTAL PROTECTION AGENCY OR EPA OR USEPA
GARBAGE
GROUNDWATER
INDIRECT DISCHARGE
INDUSTRIAL WASTES
INTERFERENCE
LABORATORY DETERMINATION
NATIONAL CATEGORICAL PRETREATMENT STANDARD
NATIONAL PRETREATMENT STANDARD OR PRETREATMENT STANDARD
NATIONAL PROHIBITIVE DISCHARGE STANDARD OR PROHIBITIVE DISCHARGE
STANDARD
NEW SOURCE
(1)
(2)
(3)
NPDES PERMIT
NPDES STATE
NYSDEC
OWNER
PASS THROUGH
PERSON
PH
POLLUTANT
POLLUTION
POTW
POTW TREATMENT PLANT (SEWAGE TREATMENT PLANT)
PRETREATMENT OR TREATMENT
PRETREATMENT REQUIREMENTS
PROPERLY SHREDDED
PROPERLY SHREDDED GARBAGE
PUBLIC SEWER
SANITARY SEWER
SEPTAGE
SEWAGE
SEWER
SIGNIFICANT INDUSTRIAL USER
(1)
(2)
SLUG DISCHARGE
SPDES (STATE POLLUTION DISCHARGE ELIMINATION SYSTEM)
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
STATE
STORM SEWER OR STORM DRAIN
STORMWATER
SURFACE WATER
SUSPENDED SOLIDS
TOXIC POLLUTANT
USEPA
USER
WASTEWATER
WASTEWATER DISCHARGE PERMIT
WATERCOURSE
Unless the context specifically indicates otherwise,
the meanings of terms used in this chapter shall be as stated in this
section below:
The Federal Water Pollution Control Act, also known as the
"Clean Water Act," as amended.
The Director in an NPDES state with an approved state pretreatment
program or the appropriate regional administrator of the USEPA in
a non-NPDES state or NPDES state without a USEPA-approved state pretreatment
program.
May be:
A responsible corporate officer of at least
the level of president, vice president or manager of manufacturing,
production or operating facilities, if the industrial user is a corporation.
A general partner or proprietor if the industrial
user is a partnership or proprietorship, respectively.
A duly authorized representative of the individual
designated above, if such representative is responsible for the overall
operation of the facilities from which the wastewater discharge originates.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20° C. expressed in milligrams per liter.
That part of the lowest horizontal piping of a drainage system
which receives discharge from drainage pipes inside the walls of the
building and conveys it to the building sewer, beginning five feet
outside the inner face of the building wall.
The extension from the building drain to the public sewer
or other place of disposal.
The City of Lockport, New York.
A sewer designed to receive both surface runoff and sewage.
The water discharged from any use such as air-conditioning,
cooling or refrigeration, or to which the only pollutant added is
heat.
The person designated by the City to supervise the operation
of the Lockport wastewater treatment plant.
Stormwater, surface water or groundwater which is or has
been conveyed from its original source.
The United States Environmental Protection Agency, or, where
appropriate, the term may also be used as a designation for the administrator
or other duly authorized official of said agency.
The solid waste from the preparation, cooking and dispensing
of food and from the handling, storage and sale of produce.
Water within the earth.
The discharge or the introduction of nondomestic pollutants
from any source regulated under § 307(b) or (c) of the Act
into the wastewater treatment facility, including holding tank waste
discharged into the system.
The liquid wastes from industrial processes as distinct from
sanitary sewage.
The inhibition or disruption of the wastewater treatment
plant processes or operations which contributes to a violation of
any requirement of the City's SPDES permit. The term includes restriction
of sewage sludge use or disposal by the wastewater treatment plant
in accordance with all applicable state or federal guidelines and
regulations.
The measurements, tests and analyses of the characteristics
of waters and wastes in accordance with the methods specified in 40
CFR 136 or equivalent methods approved by USEPA.
Any regulation containing specific pollutant discharge limitations
promulgated by the USEPA in accordance with § 307(b) and
(c) of the Act which applies to specific categories of industries
as determined by the industries' Standard Industrial Classification
Code.
Any regulation containing pollutant discharge limits applicable
to industrial users, including categorical pretreatment standards
and the local limits and prohibited discharge standards developed
to implement the general and specific prohibitions found in 40 CFR
403.5.
Any regulation developed under the authority of § 307(b)
of the Act and 40 CFR 403.5.
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 § 307(c) of the Clean Water Act, which will be applicable
to such source if such standards are thereafter promulgated in accordance
with that section, provided that any of the criteria identified below
are met:
The building, structure, facility or installation
is constructed at a site at which no other source is located;
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.
National Pollutant Discharge Elimination System permit issued
pursuant to § 402 of the Act.
A state which has a USEPA-approved NPDES permit program.
The New York State Department of Environmental Conservation
or other duly authorized official of said Department.
The owner of record of the freehold of the premises or lesser
estate therein, a mortgagee or vendee in possession, assignee of rents,
receiver, executor, trustee, lessee or other person, from or corporation
in control of a building.
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 SPDES permit (including
an increase in the magnitude or duration of a violation).
Any individual, firm, company, association, society, governmental
entity, corporation or group.
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions expressed in moles per liter of solution.
Any substance which may not normally be present in natural
water or a substance which may be potentially toxic or otherwise objectionable.
This particularly includes but is not limited to any dredged spoil,
solid waste, incinerator residue, sewage, garbage, sewage sludge,
munitions, chemical wastes, biological materials, radioactive materials,
heat, wrecked or discharged equipment, rock, sand, cellar dirt and
industrial, municipal and agricultural waste discharged into water.
The man-made or man-induced alteration of the chemical, physical,
biological or radiological integrity of water.
Publicly owned treatment works as defined by § 212
of the Act (33 U.S.C. § 1292), which is owned in this instance
by the City. This definition includes any publicly owned devices and
systems which are used in the transportation, storage, treatment,
recycling and reclamation of municipal or industrial wastes of a liquid
nature, including wash water treatment sludge to or at the City's
POTW treatment plant and which convey wastewater to the POTW treatment
plant. For the purposes of this chapter, POTW shall also include any
sewers that convey wastewaters to the POTW from areas outside the
City which are, by contract or agreement with the City, users of the
City's POTW treatment plant.
That portion of the City's POTW designed to provide treatment.
The reduction of the amount of pollutants, the elimination
of pollutants or the alteration of the nature of pollutants in the
wastewater to render them less toxic prior to, or in lieu of, discharging
or otherwise introducing such pollutants into the POTW. The reduction
or alteration of pollutants can be obtained by physical, chemical
or biological processes, process changes or by other means, except
as prohibited by 40 CFR 403.6(d).
Any substantive or procedural requirement related to pretreatment,
other than a National Pretreatment Standard imposed on an industrial
user.
Wastes that have been shredded to such a degree that all
particles will be carried in freely flowing sewage with no particle
greater than 1/2 inch in any dimension.
The wastes from the preparation, cooking and dispensing of
food that have been shredded to such a degree that all particles will
be carried freely under the flow conditions normally prevailing in
public sewers, with no particle greater than 1/2 inch in any dimension.
A sewer in which all owners of abutting properties have equal
rights and is controlled by public authority.
A sewer which was intentionally designed to carry sewage
and to which stormwater, surface water and groundwater were not intentionally
designed to be admitted.
All liquids and solids in and removed from septic tanks,
holding tanks, cesspools or approved type of chemical toilets, including
but not limited to those serving private residences, commercial establishments,
institutions and industries. Also sludge from small sewage treatment
plants.
A combination of the water-carried wastes from residences,
business buildings, institutions and industrial establishments, together
with such groundwaters as may be present.
A pipe or conduit for carrying sewage.
All industrial users subject to categorical
pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter
N; and
Any other industrial user that discharges an
average of 25,000 gallons per day or more of process wastewater to
the POTW (excluding sanitary, noncontact cooling and boiler blowdown
wastewater); contributes a process waste stream which makes up to
5% or more of the average dry weather hydraulic or organic capacity
of the POTW treatment plant; or is designated as such by the Control
Authority as defined in 40 CFR 402.12(a) on the basis that the industrial
user has a reasonable potential for adversely affecting the POTW's
operation or for violating any pretreatment standard or requirements
in accordance with 40 CFR 403.8(f)(6).
A wastewater discharge which has a flow rate or which contains
a regulated pollutant concentration or mass quantities of pollutants
that exceed, for more than 15 minutes, five times the average daily
flow, pollutant concentration or pollutant loading during normal operation.
The state system through which permits are issued to regulate
discharge into navigable waters from all point sources of pollution,
including industries and municipal wastewater treatment plants as
specified in Parts 750 through 757, Chapter X, Division of Water Resources,
Title 6, Official Compilation of Codes, Rules and Regulations, effective
August 29, 1975, as amended.
A classification pursuant to the Standard Industrial Classification
Manual issued by the executive office of the President, Office of
Management and Budget, 1972.
The State of New York.
A sewer which was designed to carry stormwaters, surface
waters or drainage, but not sewage and polluted industrial wastes.
Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
Any water produced naturally or otherwise which is on the
ground surface.
Solids that either float on the surface of or are in suspension
in, water, sewage or other liquids and which are removable by laboratory
filtering.
Those pollutants or combinations of pollutants, including
disease-causing agents, which, after discharge and upon exposure,
ingestion, inhalation or assimilation into any organism, either directly
from the environment or indirectly by ingestion through food chains,
are known to cause death, disease, behavioral abnormalities, cancer,
genetic mutations, physiological malfunctions (including malfunctions
in reproduction) or physical deformations in such organisms or their
offspring. "Toxic pollutants" shall include, but not be limited to,
any pollutant identified pursuant to § 307(a) of the Clean
Water Act.
Environmental Protection Agency.
Any person who contributes, causes or permits the contribution
of wastewater into the City's POTW.
The liquid- and water-carried industrial or domestic wastes
from dwellings, commercial buildings, industrial facilities and institutions,
together with any groundwater, surface water, stormwater or drainage
that may be present, whether treated or untreated, which is contributed
into or permitted to enter the POTW.
A permit issued by the City specifying the provisions and
requirements for the user to discharge wastewater to the City's POTW.
A channel in which a flow of water occurs either continuously
or intermittently.
B.
Word usage. "Shall" is mandatory; "may" is permissive.
