As used in this chapter, unless the context specifically indicates
otherwise, the meaning of terms used shall be as follows:
Industries which are not significant industrial users under
the regulations (40 CFR 35.925-12).
Industrial users [as defined in 40 CFR 35.905-9(a), (b),
(c), (d) and (e)] which discharge only nonprocess segregated domestic
wastes or wastes from sanitary conveniences.
The United States Environmental Protection Agency.
The Federal Water Pollution Control Act Amendments of 1972.
Industrial cost recovery as defined by the EPA in its rules
and regulations.
Thirty years, commencing with the certification by the Town Engineer that the treatment facility is complete and has been built according to the approved plans and specifications or as otherwise provided in § 126-13 hereinafter.
All elements, ordinances, rules and regulations, SIC and/or
other identification of industrial users, etc., necessary to develop,
operate and implement a plan that will meet the requirements of Section
204(b)(1)(B) of FWPCAA, P.L. 92-500 (the Act), and will comply with
EPA guidelines for an ICR system.
The National Pollutant Discharge Elimination System.
The New York State Department of Environmental Conservation.
The Standard Industrial Classification Manual, published
1972, or the latest edition.
The Town of Amherst, Erie County, New York.
Any person or owner depositing or discharging sewage or industrial
wastes into any sanitary sewer in the Town.
The provisions of this chapter shall apply to all users of the
Town's sanitary sewer system, including other municipalities
by any arrangement or agreement and all users by contract and users
by any other arrangement or agreement.
Before making any connection to the Town's sanitary sewer
system, all users shall make application to the Town and shall have
obtained a permit for said services. As a part of said application
and as a condition for said services, each user shall agree to abide
by the provisions of the rules and regulations as set forth herein.
The Town Board, at all times, has the right to review any and
all permits for connections to the Town sanitary sewer system and
to disapprove any and/or all such permits it may deem detrimental
to the best interests of the sewer districts at any time during the
rendering of service.
The Town has the right, upon reasonable notice to the property
owner and upon the property owner's failure to make necessary
repairs, to enter upon any user's property or premises at any
time to repair any leak, break or other damage which, if left unrepaired,
would or could be detrimental to the Town sanitary sewer system, and
charge the cost thereof to the property owner.
It is understood by all users that construction of the Town
sanitary sewer system is dependent upon a construction grant from
the federal government pursuant to the rules of the EPA. Therefore,
all users agree that as a condition for obtaining a permit to connect
with facilities of the Town sanitary sewer system, each user shall
be responsible for, and obligated to collect and pay to the Town sanitary
sewer system, that portion of the federal grant allocable to the treatment
of wastes from industrial users, all in accordance with Section 35.925-12,
Rules and Regulations of the United States Environmental Protection
Agency, relating to grants for construction of treatment works. These
costs shall consist of, but not be limited to, the following charges:
A.
User charges. The Town shall compute the local or Town use charge
on an annual basis in accordance with the report entitled "Sanitary
Sewer User Charge System For Sanitary Sewer Districts No. 1 and No.
16 and Tributory Districts Thereto — September 17, 1979" which
was adopted by said Town Board on September 17, 1979.
B.
Industrial cost recovery (ICR) plant facilities. The Town shall compute
the ICR on an annual basis for the treatment of wastes in accordance
with the formula set forth herein.
