No person shall discharge or cause to be discharged
any stormwater, groundwater, roof runoff, subsurface drainage or drainage
from downspouts, yard drains, sump pumps, yard foundations and ponds
or lawn sprays into any sanitary sewer, except as provided by this
Part 2 and the Town rules and regulations. Water from swimming pools,
unpolluted industrial water, such as water drains, blowoff pipes or
cooling water from various equipment shall not be discharged into
sanitary sewers. Waste from laundry trays shall be discharged into
the sanitary system.
A.
No person shall discharge or cause to be discharged
any of the following described waters or wastes to any public sewer:
(1)
Any gasoline, benzene, naptha, fuel oil or other flammable
or explosive liquid, solid or gas.
(2)
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 cyanides
in excess of two milligrams per liter as CN in the wastes as discharged
to the public sewers.
(3)
Any waters or wastes having pH lower than 5.5 or having
any other corrosive property capable of causing damage or hazard to
structures, equipment and personnel of the sewage works.
(4)
Solid or viscous substances in quantities or of such
size capable of causing obstruction to the flow in sewers or other
interference with the proper operation, whole blood, paunch manure,
hair and fleshings, entrails and paper dishes, cups, milk containers
etc., either whole or ground by garbage grinders.
(5)
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 form
solids in concentration exceeding limits established in this Part
2 or creates any other condition deleterious to structures or treatment
processes or requires unusual provisions, attentions or expense to
handle such material.
(6)
Cooling water, unless it is unpolluted and below 150°
F.
(7)
Any substance which may cause the POTWs effluent or
any other product of the POTW such as residues, sludge or scums to
be unsuitable for reclamation process where the POTW is pursuing a
reuse and reclamation program. In no case shall a substance discharged
to the POTW cause the POTW to be in noncompliance with sludge use
or disposal criteria, guidelines or regulations affecting sludge use
or disposal development pursuant to the Solid Waste Disposal Act,
the Clean Air Act, the Toxic Substance Control Act or state criteria
applicable to the sludge management method being used.
(8)
Any pollutant, including oxygen-demanding pollutants
(BOD, etc.), released in a discharge at a flow rate and/or pollutant
concentration which will cause interference with the POTW.
(9)
Any wastewaters containing radioactive wastes.
(10)
Any liquid or vapor having a temperature higher
than 150° F. or 65° C. or in such quantities that the temperature
at the treatment works influent exceeds 104° F. or 40° C.
B.
If in the opinion of the Town lower temperatures of
such wastes can harm either the sewers, sewer treatment process or
equipment, have an adverse effect on the receiving stream or can otherwise
endanger life, limb, public property or constitute a nuisance, the
Town may prohibit such discharges.
A.
No person shall discharge or cause to be discharged
the following described substances, materials, waters or wastes if
it appears likely in the opinion of the Town that such wastes can
harm either the sewers, sewer treatment process or equipment, have
an adverse effect on the receiving stream or can otherwise endanger
life, limb, public property or constitute a nuisance. In forming an
opinion as to the acceptability of these wastes, the Town will give
consideration to such factors as the quantities of subject 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 wastes in the
sewage treatment plant and other pertinent factors. The substances
prohibited are:
(1)
Any water or waste containing fats, wax, grease or
oils, whether emulsified or not, in excess of 100 milligrams per liter
or containing substances which may solidify or become viscous at temperatures
between 32° and 150° (150° F. and 65° C.)
(2)
Any garbage that has not been properly shredded. The
installation and operation of any garbage grinder equipped with a
motor of 3/4 horsepower (0.76 horsepower metric) or greater shall
be subject to the review and approval of the administrator.
(3)
Any waters or wastes containing strong-acid iron-pickling
wastes or concentrated plating solutions, whether neutralized or not.
(4)
Any waters or wastes containing iron, chromium, copper,
zinc and similar objectionable or toxic substances; or wastes exerting
an excessive chlorine requirement; or metals in excess of the concentrations
prescribed herein or other substances that exceed the limits established
by the Town or Niagara County Sewer District No. 1. Prohibited are
elements which will damage collection facilities or are detrimental
to treatment processes and salts of a heavy metal in solution or suspension
in concentrations exceeding the following:
|
Metal
|
Concentration
(milligrams per liter)
| |
|---|---|---|
|
Chromium (Total) as Cr
|
5.33
| |
|
Copper as Cu
|
3.38
| |
|
Zinc as Zn
|
4.66
| |
|
Nickel as Ni
|
4.33
| |
|
Cadmium
|
0.22
| |
|
Arsenic
|
0.40
| |
|
Barium
|
4.0
| |
|
Boron
|
4.0
| |
|
Lead
|
1.00
| |
|
Manganese
|
4.0
| |
|
Mercury
|
0.001
| |
|
Selenium
|
0.02
| |
|
Silver
|
0.66
|
(5)
Any waters or wastes containing phenols or other taste-
or odor-producing substances, in such concentrations exceeding limits
which may be established by the Town as necessary, after treatment
of the composite sewage, to meet the requirements of the state, federal
or other public agencies or jurisdiction for such discharge to the
receiving waters.
(6)
Any radioactive wastes or isotopes of such half-life
or concentration as may exceed limits established by the Town in compliance
with applicable state, local or federal regulations.
(7)
Any substance which may cause the POTW's effluent
or any other product of the POTW, such as residues, sludge or scums,
to be unsuitable for reclamation process where the POTW is pursuing
a reuse and reclamation program. In no case shall a substance discharged
to the POTW cause the POTW to be in noncompliance with sludge use
or disposal criteria, guidelines or regulations affecting sludge use
or disposal development pursuant to the Solid Waste Disposal Act,
the Clean Air Act, the Toxic Substance Control Act or state criteria
applicable to the sludge management method being used.
(8)
Any pollutant, including oxygen-demanding pollutants
(BOD, etc.), released in a discharge at a flow rate and/or pollutant
concentration which will cause interference with the POTW.
(9)
Any wastewaters containing radioactive wastes.
(10)
Any liquid or vapor having a temperature higher
than 150° F. or 65° C. or in such quantities that the temperature
at the treatment works influent exceeds 104° F. or 40° C.
(11)
Any waters or wastes having a pH in excess of
9.5.
(12)
Materials which exert or cause:
(a)
Unusual concentrations of inert suspended solids
(such as but not limited to fullers earth, lime slurries and lime
residues) or of dissolved solids (such as but not limited to sodium
chloride and sodium sulfate).
(b)
Excessive discoloration (such as but not limited
to dye wastes and vegetable tanning solutions).
(c)
Unusual BOD chemical oxygen demand or chlorine.
(d)
Unusual volume of flow or concentration of wastes
constituting slugs, as defined herein.
(13)
Waters or wastes containing substances which
are not amenable to treatment or reduction by the sewage treatment
processes employed or are amenable to treatment only to such degree
that the sewage treatment plant effluent cannot meet the requirements
of other agencies.
(14)
Any water or waste that contains more than 10
parts per million of the following gases: hydrogen sulfide, sulphur
dioxide or nitrous oxide.
(15)
Any water or waste containing hair, fine filament
growth, pile, nap or similar substances that will form a thick, dense
mass or mat.
(16)
Any pollutants, including oxygen-demanding pollutants
(BOD, etc.), released at a flow rate and/or pollutant concentration
which a user knows or has reason to know will cause interference to
the Niagara County Sewer District No. 1 POTW. In no case shall a slug
load have a flow rate or contain concentration or qualities of pollutants
that exceed for any time period longer than 15 minutes more than five
times the average twenty-four-hour concentration quantities or flow
during normal operation.
B.
Drains receiving acid waste shall be constructed of
any acid-resisting material. Such drains located outside of a building
shall be constructed of vitrified clay or earthenware pipe or other
approved acid-resisting material. Joints shall be constructed by caulking
with asbestos rope wicking and pouring a heated sulphur and carbon
compound or a heated bituminous compound in such manner as to secure
tight joint. In no case shall corrosive waste be discharged into a
drain, sanitary sewer, storm sewer or soil or waste pipe without being
first diluted or neutralized in such manner as to render such wastes
noncorrosive. These wastes shall be treated by passing through a properly
trapped dilution or neutralizing catch basin which shall function
automatically.
C.
If in the opinion of the Town lower temperatures of such wastes in Subsection A(1) through (10) can harm either the sewers, sewer treatment process or equipment, have an adverse effect on the receiving stream or can otherwise endanger life, limb, public property or constitute a nuisance, the Town may prohibit such discharges.
D.
If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Subsection A of this section and which in the judgment of the Town may have a deleterious effect upon the sewage works, processes, equipment or receiving waters or which otherwise create a hazard to life or constitute a public nuisance, the Town may:
E.
If the Town permits the pretreatment or equalization
of waste flows, the design and installation of the plant(s) and equipment
shall be subject to the review and approval of the Town and subject
to the requirements of all applicable codes, ordinances and laws.
Grease, oil and sand interceptors shall be provided
when, in the opinion of the Town, they are necessary for the proper
handling of liquid wastes containing grease in excessive amounts or
any flammable wastes, sand or 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 Town and shall be located as to be readily and easily
accessible for cleaning and inspection.
Where preliminary treatment or flow-equalizing
facilities are provided for any waters or wastes, they shall be maintained
continuously in satisfactory and effective operation by the owner
at the owner's expense.
A.
The admission into the public sewers of any waters or wastes of abnormal strength or containing any quantity of substances having the characteristics described in §§ 146-11 through 146-27 or having an average daily flow greater than 2% of the average daily sewage flow of the Town shall be subject to review and approval of the Town. Where necessary, in the opinion of the Town, the owner shall provide, at the owner's expense, such preliminary treatment as may be necessary to reduce the five-day BOD, suspended solids, phosphate or other objectionable characteristics or constituents to within the maximum limits provided for in §§ 146-11 through 146-27, or control the quantities and rates of discharge for such waters or wastes.
B.
Plans, specifications and other pertinent information
relating to proposed treatment facilities shall be prepared and submitted
by a qualified professional engineer for the approval of the Town,
and no construction of such facilities shall be commenced until said
approvals are obtained, in writing.
Where the strength of sewage from an industrial,
commercial or institutional establishment exceeds 300 parts per million
of biochemical oxygen demand or 300 parts per million by weight or
suspended solids or the total phosphorous measured as P is greater
than 10 parts per million by weight and where such wastes are permitted
to be discharged to the sewer system by the Town, an added charge,
as noted below, will be made against such establishment according
to the strength and volume of such wastes. The strength of such wastes
shall be determined by composite samples taken over a sufficient period
of time to ensure a representative sample. The cost of sampling and
testing shall be borne by the industry or establishment, whether owner
or lessee. Tests shall be made by an independent laboratory. Added
charges shall be determined by the Town or Niagara County Sewer District
No. 1 in its rules and regulations governing abnormal pollution surcharges.
These charges shall be based on the cost of operation, maintenance,
administration, depreciation, amortization, plus sufficient coverage
for the sewage works.
A.
The owner of any property served by a building sewer
carrying industrial wastes shall install a wastewater flow meter and
sampling device in a suitable control manhole in the building sewer
to facilitate observation, sampling and measurement of the wastes.
Such manhole shall be accessibly and safely located and shall be constructed
in accordance with plans approved by the Town. The manhole shall be
installed by the owner, at the owner's expense, and shall be maintained
by him or her so as to be safe and accessible at all times.
B.
Where preliminary treatment facilities are provided
for any waters and wastes, they shall be maintained continuously in
satisfactory and effective operation by the owner, at the owner's
expense.
To determine the sewage flow from any establishment,
the Town may use one of the following methods:
A.
The amount of water supplied to the premises by the
Town or a private water company as shown upon the water meter if the
premises are metered;
B.
If the premises are supplied with river water or water
from private wells, the amount of water supplied from such sources
as estimated by the Town from the water, gas or electric supply;
C.
If such premises are used for an industrial or commercial
purpose of such a nature that the water supplied to the premises cannot
be entirely discharged into the sewer system, the estimate of the
amount of sewage discharged into the sewer system made by the Town
from the water, gas or electric supply;
D.
The number of gallons of sewage discharged into the
sewer system as determined by measurements and samples taken at a
wastewater flow meter and sampling device installed by the owner of
the property served by the sewer system at the owner's expense in
accordance with the terms and conditions of the permit issued by the
Town pursuant to this section; or
E.
A figure determined by the Town by any combination
of the foregoing or by any other equitable method.
No person shall discharge or cause to be discharged,
directly or indirectly, any industrial wastewater into any sanitary
sewer or a Niagara County Sewer District No. 1 interceptor without
first obtaining an industrial waste permit in accordance with the
rules and regulations and the conditions described below:
A.
A permit may be issued by the Town upon receipt of
an industrial permit application if, in the Town's opinion, the wastewater
or the pretreatment of said wastewater will not violate this Part
2 or rules and regulations when discharged to the public sewer. The
permits shall contain the following:
(1)
Effluent limitations or other appropriate limitations
when toxic substances are present in the users wastewater discharge.
(2)
Specifications for monitoring programs which may include
sampling, locations, frequency and method of sampling, number types
and standards for analytical tests and reporting schedule, when deemed
necessary in the opinion of the Town.
(3)
Requirements for submission of reports for conditions
of noncompliance.
(4)
Requirements for submission of technical reports or
discharge reports.
(5)
Pretreatment requirements, when deemed necessary in
the opinion of the Town.
(6)
Requirements for the submission of information concerning
the disposal of waste material separated from the authorized discharge.
(7)
Requirements for the installation of inspection and
sampling manhole, when deemed necessary in the opinion of the Town.
(8)
Schedule of compliance allowing reasonable time to
conform with effluent limitations, when deemed necessary in the opinion
of the Town.
(9)
Limits on the average and maximum wastewater constituents,
flow rates and time of discharge.
(10)
Requirements for maintaining plant records relating
to wastewater discharge as specified by the Town and affording the
Town access thereto, including affording the Town the opportunity
to inspect and copy industrial effluent data and records.
(11)
The computation and requirement for payment
of the industrial waste surcharge, when deemed necessary in the opinion
of the Town.
(12)
Other conditions as deemed appropriate by the
Town to ensure compliance with these rules and regulations.
(13)
Requirements for the reporting of slug discharges
as required by 40 CFR 403.12(f).
B.
Permit applications shall provide information concerning
volume, constituents and characteristics of wastewater, flow rates,
each product produced by type, amount and rate of production and description
of activities, facilities and plant process on the premises, including
all materials processed and types of materials which are or could
be discharged.
C.
The permit's terms and conditions may be subject to
modification and change by the Town.
D.
The maximum time period for the permit to discharge
shall be three years. A permit can be extended upon proper application
to the Town.
E.
A permit shall not be reassigned or transferred or
sold to a new owner, new user, different premises or a new or changed
operation. A new permit must be secured.
F.
An industrial discharger shall apply for a permit
modification if production or process is changed or the wastewater
characteristics or flow is altered.
No statement contained in §§ 146-11 through 146-27 shall be construed as preventing any special agreement or arrangement between the Town and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the Town subject to payment therefor by the industrial concern, except in the case where such agreement would allow a discharge to violate Federal Categorical Standards as promulgated by the USEPA or the National Pretreatment Standards as defined in 40 CFR 403.5(a) and (b).
When pretreatment regulations are adopted by
the USEPA or the NYSDEC for any industry, then that industry must
immediately conform to the USEPA or NYSDEC timetable for adherence
to federal or state pretreatment requirements and any other applicable
requirements promulgated by USEPA or NYSDEC in accordance with Section
307 of the PL 95-217. Additionally, such industries shall comply with
any more stringent standards necessitated by local conditions as determined
by the Town.
If additional pretreatment and/or operation
and maintenance will be required to meet pretreatment regulations,
the industry will immediately advise the Town of the shortest schedule
by which the industry will provide such additional pretreatment. The
completion date in this schedule shall not be later than the compliance
date established for the applicable pretreatment regulations. The
following conditions shall apply to this schedule:
A.
The schedule shall contain increments of progress
in the form of dates for the commencement and completion of major
events leading to the construction and operation of additional pretreatment
required for the industry to meet the applicable pretreatment standards
(e.g., hiring an engineer, completing preliminary plans, completing
final plans, executing contract for major components, commencing construction,
completing construction, etc.).
C.
Not later than 14 days following each date in the
schedule and the final date for compliance, the industry shall submit
a progress report to the Town, including, as a minimum, whether or
not it complied with the increment of progress to be met on such date
and, if not, the date on which it expects to comply with this increment
of progress, the reason for delay and the steps being taken by the
industry to return the construction to the schedule established. In
no event shall more than nine months elapse between such progress
reports to the Town.
Industries shall provide necessary wastewater
treatment as required to comply with this Part 2 and shall achieve
compliance with all Federal Categorical Pretreatment Standards within
the time limitations as specified by the Federal Pretreatment Regulations.
Any facilities required to pretreat wastewater to a level acceptable
to the Town shall be provided, operated and maintained at the industry's
expense. Detailed plans showing the pretreatment facilities and operating
procedures shall be submitted to the Town for review and shall be
acceptable to the Town before construction of the facility. The review
of such plans and operating procedures will in no way relieve the
industry from the responsibility of modifying the facility as necessary
to produce an effluent acceptable to the Town under the provisions
of this Part 2. Any subsequent changes in the pretreatment facilities
or method of operation shall be reported to and be acceptable to the
Town prior to the industry's initiation of the changes.
The Town shall annually publish in its official
newspaper(s) a list of the industries which were not in compliance
with any pretreatment requirements or standards at least once 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 USEPA or NYSDEC upon request.
The Town may require the submission of all notices
and self-monitoring reports from industrial users as are necessary
to assess and assure compliance by industrial users with pretreatment
standards and requirements, including but not limited to the reports
required in Section 403.12 [403.8(f)(1)(iv)(B)] CFR.
Information and data on an industry obtained
from reports, questionnaires, permit applications, permits and monitoring
programs and from inspections shall be available to the public or
other governmental agency without restriction unless the industry
specifically requests and is able to demonstrate to the satisfaction
of the Town that the release of such information would divulge information,
processes or methods of production entitled to protection as trade
secrets of the industry. When requested by the person furnishing a
report, the portions 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 Part 2, the National Pollutant Discharge
Elimination System (NPDES) permit, state disposal system permit and/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 Town as confidential shall not be transmitted to any governmental
agency by the Town until and unless a ten-day notification is given
to the industry.
A.
In the case of an accidental discharge, it is the
responsibility of the industry to immediately telephone and notify
the Town of the incident. The notification shall include the location
of the discharge, the type of waste, concentration and volume and
corrective actions.
B.
Written notice. Within five days following an accidental
discharge, the industry shall submit to the Town a detailed written
report describing the cause of the discharge and the measures to be
taken by the industry to prevent similar future occurrences. Such
notification shall not relieve the industry of any expense, loss,
damage or other liability which may be incurred as a result of damage
to the district POTW, fish kills 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 Part
2 or other applicable law.
C.
Notice to employees. A notice shall be permanently
posted on the industry's bulletin board or other prominent place advising
employees whom to call in the event of a dangerous discharge. Employers
shall ensure that all employees who may cause or suffer such a dangerous
discharge to occur are advised of the emergency notification procedure.
A.
In the case of a slug discharge, it is the responsibility
of the industry to immediately telephone and notify the Town of the
incident. The notification shall include the location of the discharge,
the type of waste, concentration and volume and corrective actions.
B.
Written notice. Within five days following a slug
discharge, the industry shall submit to the Town a detailed written
report describing the cause of the discharge and the measures to be
taken by the industry to prevent similar future occurrences. Such
notification shall not relieve the industry of any expense, loss,
damage or other liability which may be incurred as a result of damage
to the district POTW, fish kills 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 Part
2 or other applicable law.
C.
Notice to employees. A notice shall be permanently
posted on the industry's bulletin board or other prominent place advising
employees whom to call in the event of a dangerous discharge. Employers
shall ensure that all employees who may cause or suffer such a dangerous
discharge to occur are advised of the emergency notification procedure.
