(a)
ABNORMAL SEWAGE
ACT or THE ACT
ADMINISTRATOR
AMMONIA
APPLICANT
APPROVAL AUTHORITY
APPROVED LABORATORY PROCEDURE
ASTM (AMERICAN SOCIETY FOR TESTING AND MATERIALS)
AUTHORIZED REPRESENTATIVE OF THE INDUSTRIAL USER
(1)
(2)
(3)
BACKGROUND CONCENTRATION
BOD (BIOCHEMICAL OXYGEN DEMAND)
BUILDER
BUILDING DRAIN
BUILDING SEWER
CATEGORICAL PRETREATMENT STANDARDS
CHLORINE DEMAND
CHLORINE REQUIREMENT
CITY
CITY CHARTER
COD (CHEMICAL OXYGEN DEMAND)
COLOR
COMBINED SEWER
COMPOSITE SAMPLE
CONNECTION
CONNECTION CHARGE (TAP FEE)
CONTRACTOR
CONTROL AUTHORITY
CONTROL MANHOLE
CONVENTIONAL POLLUTANT
COOLING WATER
COUNTY
DEVELOPER
DIRECT DISCHARGE
DIRECTOR
DOMESTIC WASTES
DRY SEWERS
EASEMENT
END OF PIPE
END OF PIPE CONCENTRATION
END OF PROCESS CONCENTRATION
ENFORCEMENT RESPONSE PLAN
EPA
EXTENSION
FACILITY
FLOATABLE OIL
FLOW RATE
FWPCAA
GARBAGE
GRAB SAMPLE
ICS FORM
INDIRECT DISCHARGE
INDUSTRIAL
INDUSTRIAL CHEMICAL SURVEY (ICS)
INDUSTRIAL PRETREATMENT PROGRAM (IPP)
INDUSTRIAL PRETREATMENT PROGRAM ADMINISTRATOR (IPP ADMINISTRATOR)
INDUSTRIAL USER
INDUSTRIAL WASTES
INFILTRATION
INFLOW
INSPECTOR
INTERFERENCE
LATERAL, BUILDING
LATERAL, STREET
NATIONAL CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT
NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE
STANDARD
NATURAL OUTLET
NEW OWNER
NEW SOURCE
NEW USER
NONCOMPLIANCE
NORMAL SEWAGE
NPDES
NUISANCE
NYSDEC
NYSDPW
OIL AND GREASE
OLD OWNER
OTHER WASTES
OUTLET SEWER
OWNER
PASS THROUGH
PERMIT
PERMIT TO DISCHARGE
PERSON
PETITION SEWER
PHOSPHORUS, TOTAL
pH
POLLUTANT
POLLUTION
POTW TREATMENT PLANT
PRETREATMENT (TREATMENT)
PRETREATMENT REQUIREMENTS
PRETREATMENT STANDARD or NATIONAL PRETREATMENT STANDARD
PRIORITY POLLUTANTS
PROHIBITIVE DISCHARGE STANDARD
PROPERLY SHREDDED GARBAGE
PROPERTY LINE
PUBLIC SEWER
PUBLICLY OWNED TREATMENT WORKS (POTW)
RECEIVING WATERS
RECORDS
ROOF DRAIN
SANITARY SEWER
SEPTAGE
SEPTIC TANK
SERVICE AREA OF THE POTW
SEWAGE
SEWAGE TREATMENT PLANT
SEWAGE, DOMESTIC (DOMESTIC WASTES)
SEWAGE, NORMAL
(1)
a.
b.
c.
d.
e.
f.
g.
h.
(2)
SEWAGE, SANITARY
SEWAGE, UNUSUAL STRENGTH OR CHARACTER
SEWER
SEWER DISTRICT
SEWER, COMBINED
SEWER, PUBLIC
SEWER, SANITARY
SEWER, STORM (STORM DRAIN)
SEWERAGE SURCHARGE
SEWERAGE SYSTEM (also POTW)
SIGNIFICANT INDUSTRIAL USER
(1)
(2)
SIGNIFICANT NONCOMPLIANCE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
SLUG LOAD
SPDES
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
STANDARD METHODS
STATE
STATE BUILDING CONSTRUCTION CODE APPLICABLE TO PLUMBING
STATE'S WATERS
STORM SEWER or STORM DRAIN
STORMWATER
SUBSTANCES OF CONCERN
SUMP PUMP
SUPERINTENDENT
SUSPENDED SOLIDS
TAP or TAP-IN
TOTAL KJELDAHL NITROGEN (TKN)
TOTAL PHOSPHORUS
TOXIC POLLUTANT
TOXIC SUBSTANCES
UNPOLLUTED WATER
USER
USER, EXISTING
USER, INDUSTRIAL
USER, NEW
USER, SIGNIFICANT INDUSTRIAL (SIU)
(1)
a.
b.
c.
d.
(2)
WASTEWATER
WASTEWATER DISCHARGE PERMIT
WASTEWATER, UNUSUAL STRENGTH OR CHARACTER
WATERCOURSE
WATERS OF THE STATE (STATE'S WATERS)
Definitions. Unless otherwise stated in the section where the term
is used in this article, the meaning of terms used in this article
shall be as stated below. When not inconsistent with the context,
the present tense shall include the future, and words used in the
plural shall include the singular and vice versa. Futhermore, a masculine
pronoun shall include the feminine. "Shall" is mandatory; "may" is
permissive.
Sewage whose concentration of one or more characteristics
of normal sewage exceeds the maximum concentrations of the characteristics
of normal sewage. See "normal sewage."
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. § 1251 et seq., as
may be amended.
The Regional Administrator of the United States Environmental
Protection Agency (USEPA), Region 2.
The result obtained, using an approved laboratory procedure,
to determine the quantity of ammonia in a sample, expressed as milligrams
of nitrogen per liter.
That person who makes application for any permit. The applicant
may be an owner, new or old, or his agent.
The USEPA, or the New York State Department of Environmental
Conservation (NYSDEC), in the event the NYSDEC is delegated approval
authority responsibility by the USEPA.
The procedures defined as "standard methods" in this article,
or other procedures approved by the Superintendent, for flow measurement
or determination of the concentration of pollutants or their surrogates
in waters, wastewaters, and/or sludges.
The latest edition of any ASTM specification, when stipulated
in this article.
An authorized representative of the industrial user may be:
A principal executive officer of at least the level of vice-president,
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 indirect discharge originates.
The sewage concentration of a pollutant in process water
supply, as determined by the industry and which corresponds to the
same time period as that of the wastewater sample acquisition.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20° C., expressed in parts per million by weight.
Any person or corporation who undertakes to construct, either
under contract or for resale, any building.
That part of the lowest horizontal piping of a drainage system
which receives the discharge from soil, waste, and other 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 National Categorical Pretreatment Standards or Standard,
including without limitation the definitions and standards contained
in 40 CFR Chapter (1), Subchapter (N), Parts 405 through 471.
The result obtained when using an approved laboratory procedure
to determine the difference between the amount of chlorine added to
a sample and the amount of chlorine remaining in the sample at the
end of a specified contact time at room temperature, expressed in
milligrams per liter.
The difference between the amount of chlorine added to water,
sewage, or industrial wastes and the amount of residual chlorine remaining
at the end of a fifteen-minute contact period.
The City of Olean, incorporated on April 26, 1893.
The Charter of the City, as amended.
The result obtained when using an approved laboratory procedure
to measure the oxygen requirement of that portion of matter in a sample
that is susceptible to oxidation by a specific chemical oxidant expressed
in milligrams per liter.
The optical density at the visual wave length of maximum
absorption, relative to distilled water. One-hundred-percent transmittance
is equivalent to zero optical density.
A sewer receiving both surface runoff and sewage.
The sample resulting from the combination of individual samples
of wastewater taken at selected intervals, for a specified time period.
The individual samples may have equal volumes or the individual volumes
may be proportioned to the flow at the time of sampling.
Attachment of one user to a sewer. (See "extension.")
The one-time application fee to offset City of Olean expenses
to process an application for a connection of a building/street lateral
to the public sewer. The fee also covers plan review, permit issuance,
street repair cost, and inspection costs. The fee may be scaled to
the amount of work involved, or to the size of the public sewer involved.
Any person, firm, or corporation approved by the Common Council
to do work in the City.
The City of Olean.
A manhole accessible to the Control Authority in or upstream
of the street lateral, such that samples collected from the manhole
represent the discharge to the POTW.
A pollutant that the POTW treatment plant was designed to
treat, defined in accordance with the Act.
Water used for cooling that does not come into direct contact
with any raw material, intermediate product, waste product, or finished
product.
Cattaraugus County.
Any person or corporation who undertakes to construct simultaneously
more than one housing unit on a given tract or land subdivision.
The discharge of treated or untreated wastewater directly
to the waters of the State of New York. (For reference, see "indirect
discharge.")
The Director of Public Works for the City, or his authorized
deputy, agent or representative.
See "sewage, domestic."
The sanitary sewer installed in anticipation of future connection
to a POTW but which is not used, in the meantime, for transport of
storm or sanitary sewage.
An acquired legal right for the specific use of land owned
by others.
For the purpose of determining compliance with limitations prescribed by Article 9, "end of pipe" shall mean the control manhole, provided the samples collected from the control manhole are representative of the discharge to the POTW.
The concentration of a substance in a sample of wastewater
at end of pipe.
See "National Categorical Pretreatment Standard."
The plan containing detailed procedures indicating how the
Control Authority will investigate and respond to instances of industrial
noncompliance, including, without limitation, violations which will
adversely affect the operation or implementation of the pretreatment
program and the Control Authority's response thereto.
The United States Environmental Protection Agency.
Attachment of a sewer line with more than one user to an
existing sewer line.
All buildings, other structures, grounds and contiguous property
at any locations related to or connected with a user at the user's
location.
Oil, grease, or fat in a physical state such that it will
separate by gravity from wastewater by treatment in a wastewater treatment
facility.
The quantity of liquid or waste that flows in a certain period
of time.
The Federal Water Pollution Control Act Amendments, or the
Act.
Solid wastes from the preparation, cooking, and dispensing
of food, and from the handling, storage, and sale of produce.
A single sample of wastewater representing the physical,
chemical, and biological characteristics of the wastewater at one
point and time.
The form used by the NYSDEC to survey industries to perform
and update the Industrial Chemical Survey.
The introduction of pollutants into a POTW from any nondomestic
source.
Meaning or pertaining to industry, manufacturing, commerce,
trade, business, or institution, and is distinguished from domestic
or residential.
The survey of industries in New York State, initiated by
the NYSDEC, to determine chemical usage and storage by those industries.
A program administered by a POTW that meets the criteria
established in Title 40, Protection of Environment, Chapter I, Environmental
Protection Agency, Part 403, General pretreatment regulations for
existing and new sources of pollution, and which has been approved
by a Regional Administrator or State Director in accordance with 403.11
of the above regulation.
The Director of Public Works or the Wastewater Treatment
Plant Chief Operator acting on behalf of the Control Authority.
Any source of indirect discharge, including all nondomestic
sources and including commercial facilities, hospitals, and government
agencies.
The liquid, solid, and gaseous waste, including suspended
solids, resulting from the processes employed in industrial or commercial
establishments.
Water, other than wastewater, that enters a sewer system
(excluding building drains) from the ground through such means as
defective pipes, pipe joints, connections, or manholes. Infiltration
does not include, and is distinguished from, inflow. Infiltration
is inadvertent, that is, not purposely designed or built into the
sewer or drain.
Water, other than wastewater, that enters a sewer system
(including building drains) from sources such as, but not limited
to, roof leaders, cellar drains, area drains, drains from springs
and swampy areas, manhole covers, cross connections between storm
sewers and sanitary sewers, catch basins, cooling towers, stormwaters,
foundation drains, swimming pools, surface runoff, street wash waters,
or drainage. Inflow does not include, and is distinguished from, infiltration.
Inflow is purposely designed and/or built into the sewer or drain.
The plumbing and building inspector of the City, or his authorized
deputy, agent, or representative.
A discharge that alone or in conjunction with a discharge
or discharges from other sources inhibits or disrupts the publicly
owned treatment works (POTW), its treatment processes or operations,
or its sludge processes, use, or disposal, and therefore causes a
violation of the POTW's State Pollutant Discharge Elimination (SPDES)
permit or prevents sewage sludge use or disposal in compliance with
specified applicable federal or state statutes, regulations, or permits.
The sewer extension from the building drain to the street
lateral or other place of wastewater disposal.
The sewer extension from the public sewer to the property
line.
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with Section 307(B) and (C) of the Act (22
U.S.C. 1347), which applies to a specific category of industrial users.
These standards apply at the end of the categorical process ("end
of process").
A permit issued pursuant to Section 402 of the Act (33 U.S.C.
§ 1342).
Any regulation developed under the authority of Section 307(B)
of the Act, and 40 CFR 403.5.
Any outlet into a watercourse, pond, ditch, lake, or other
body of surface water or groundwater.
That individual or entity who purchased property within the
service area of the City of Olean after the effective date of this
article.
A facility from which there is or may be a discharge of pollutants,
construction of which began after publication of the proposed pretreatment
standard pursuant to Section 307(c) of the Clean Water Act (CWA) which
will apply to the facility if standards are promulgated.
A discharger to the POTW who commences discharge after the
effective date of this article.
Any violation of the provisions of this chapter pertaining
to the introduction, continuing discharge, or failure to install controls
to reduce concentrations of pollutants into the POTW.
See "sewage, normal."
The National Pollutant Discharge Elimination System.
The use or lack of use of the POTW in such a manner so as
to endanger life or health, give offense to the senses, or obstruct
or otherwise interfere with the reasonable use or maintenance of the
POTW.
The New York State Department of Environmental Conservation
or other duly authorized official of said department.
New York State Department of Public Works.
The result obtained when using an approved laboratory procedure
to determine the quantity of fats, wax, grease, and oil in a sample,
expressed in milligrams per liter.
That individual or entity who owns or owned a property, within
the service area of the POTW, purchased prior to the effective date
of this article, or who inherited the property at any time and intends
to sell the property, or has sold the property to a new owner; also
the agent of the old owner.
Garbage (shredded or unshredded), refuse, wood, egg shells,
coffee grounds, sawdust, shavings, bark, sand, lime, ashes, and all
other discarded matter not normally present in sewage or industrial
wastes. Also, the discarded matter not normally present in sewage
or industrial waste.
A public sewer constructed and paid for at the general expense
of the City.
Any individual, firm, company, association, society, person,
or group having title to real property.
A discharge that exits the POTW in quantities or concentrations
that, alone or with discharges from other sources, causes a violation
of the POTW's NPDES permit.
A temporary revocable written document allowing use of the
POTW for specified wastes over a limited period of time, containing
sampling locations and reporting frequencies, and requiring other
actions as authorized by this article.
A written permit to deposit or discharge industrial waste
into the POTW.
Any individual, firm, company, association, society, corporation
or group, including a city, town, or village.
A public sewer constructed and paid for at the expense of
the owners of property adjoining the sewer.
See "total phosphorus."
The negative logarithm of the concentration of hydrogen ions
in the grams-ionic weights per liter of solution.
Any solid, liquid, or gaseous waste containing any of the
following: soluble or insoluble substances of organic or inorganic
nature which may deplete the dissolved oxygen content of the receiving
stream; settleable solids that may form sludge deposits; grease and
oils; floating solids which may cause unsightly appearance; color;
phenols and other substances to an extent which would impart any taste
or odor to the receiving stream; and toxic or poisonous substances
in suspension, colloidal state, solution, or gases.
The man-made or man-induced alteration of the chemical, physical,
biological, and/or radiological integrity of the state's waters, lands
and/or airs resulting from the introduction of a pollutant into these
media.
That portion of the POTW which is designed to provide treatment
of municipal sewage and industrial waste.
The reduction of the amount of pollutants, the elimination
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 a POTW. The reduction
or alteration can be achieved by physical, chemical, or biological
process, 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.
Any categorical standard or prohibitive discharge standard.
The most recently revised or updated list, developed by the
EPA, in accordance with the Act.
See "national prohibitive discharge standard."
The wastes from the preparation, cooking, and dispensing
of food that has been shredded to such 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.
The edge of a public street line if the building sewer is
to connect with the public sewer in a public street.
A sewer in which all owners of abutting properties have equal
rights, and is controlled by public authority.
A treatment works, as defined by Section 212 of the Act,
(33 U.S.C 1292), which is owned, in this instance, by City of Olean.
This definition includes any sewers and appurtenances that transport
wastewater to the POTW treatment plant, but does not include pipes,
sewers, or other conveyances not connected directly or indirectly
to a facility providing treatment.
A natural water course or body of water (usually waters of
the state) into which treated or untreated sewage is discharged.
Shall include, but not be limited to, any printed, typewritten,
handwritten or otherwise recorded matter of whatever character (including
paper or electronic media), including, but not limited to, letters,
files, memoranda, directives, notes and notebooks, correspondence,
descriptions, telephone call slips, photographs, permits, applications,
reports, compilations, films, graphs and inspection reports. For the
purposes of this article, "records" shall mean records of and relating
to waste generation, reuse and disposal, and shall include records
of usage of raw materials.
A drain installed to receive water collecting on the surface
of a roof for disposal.
A sewer which carries sewage and to which storm, surface,
and groundwaters are not intentionally 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. Septage shall not have been contaminated with substances of
concern or priority pollutants.
A private domestic sewage treatment system consisting of
an underground tank (with suitable baffling), constructed in accordance
with any and/or all local and state requirements.
The legally defined bounds of real property from which wastewater
may be discharged into the POTW. The bounds shall be established,
altered, changed, modified, reduced, enlarged, combined, or consolidated
by action of the City of Olean Council.
A combination of the water-carried wastes from residences,
business buildings, institutions, and industrial establishments.
Any arrangement of devices and structures used for treating
sewage.
Liquid wastes from the noncommercial preparation, cooking,
and handling of food, liquid wastes containing human excrement and
similar matter from the sanitary conveniences in dwellings, commercial
buildings, industrial buildings, and institutions, or liquid wastes
from clothes washing and/or floor/wall washing. Therefore, domestic
sewage includes both black water and grey water. (See "sewage, sanitary.")
Sewage, industrial wastes, or other wastes, which show, by analysis,
the following characteristics:
B.O.D. (five-day): 2,090 pounds per million gallons (250 milligrams
per liter), or less.
Suspended Solids: 2,500 pounds per million gallons (300 milligrams
per liter), or less.
Phosphorus: 125 pounds per million gallons (15 milligrams per
liter), or less.
Ammonia: 250 pounds per million gallons (30 milligrams per liter),
or less.
Total Kjeldahl Nitrogen: 417 pounds per million gallons (50
milligrams per liter), or less.
Chlorine Demand: 209 pounds per million gallons (25 milligrams
per liter), or less.
Chemical Oxygen Demand: 2,920 pounds per million gallons (350
milligrams per liter), or less.
Oil and Grease: 830 pounds per million gallons (100 milligrams
per liter), or less.
In spite of satisfying one or more of these characteristics,
if the sewage also contains substances of concern, it may not be considered
normal sewage.
Liquid wastes from the sanitary conveniences of dwellings
(including apartment houses and hotels), office buildings, factories,
or institutions, and free from stormwater, surface water, industrial,
and other wastes. (See "domestic wastes.")
Sewage which has characteristics greater than those of normal
sewage and/or which contains substances of concern.
A pipe or conduit for carrying sewage.
Any area outside of the City's collection and conveyance
system, which discharges wastes into the City's system or at the treatment
plant in order to have the sewage generated in that area treated.
A sewer designed to receive and transport both surface runoff
and sewage.
A sewer in which all abutting property owners have equal
rights, and the use of which is controlled by the City of Olean.
A sewer which carries sewage, and to which storm, surface,
and groundwaters are not intentionally admitted.
A sewer which carries storm and surface waters and drainage,
but excludes sewage and industrial wastewaters, other than cooling
waters and other unpolluted waters.
The demand payment for the use of a public sewer and/or sewage
treatment plant for the handling of any sewage, industrial wastes,
or other wastes accepted for admission thereto in which the characteristics
thereof exceed the maximum values of such characteristics in normal
sewage. (See "volume charge.")
All facilities for collecting, regulating, pumping, and transporting
wastewater to and away from the POTW treatment plant.
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 wastestream which makes up 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 403.12 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 requirement [in accordance with 40 CFR
403.8(f)(6)].
Any violation or group of violations that meets one or more
of the following criteria:
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(1);
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(1), 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(1) (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, 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;
Failure to accurately report noncompliance;
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.
Any discharge of water, sewage, or industrial waste which
occurs for any period longer than 15 minutes and exceeds more than
five times the average flow or concentration during normal operating
hours.
The State Pollution Discharge Elimination System.
A classification pursuant to the Standard Industrial Classification
Manual issued by the Executive Office of the President, Office of
Management and Budget, 1972, and subsequent revisions.
Procedures contained in the latest edition of "Standard Methods
for the Examination of Water and Wastewater," published by the American
Public Health Association, procedures established by the Administrator,
pursuant to Section 304(G) of the Act and contained in 40 CFR, Part
136, and amendments thereto. (If 40 CFR, Part 136, does not include
a sampling or analytical technique for the pollutant in question,
then procedures set forth in EPA publication, "Sampling and Analysis
Procedures for Screening of Industrial Effluents for Priority Pollutants",
April 1977, and amendments thereto, shall be used.) Also any other
procedure approved by the Administrator, or any other procedure approved
by the Superintendent, whichever is the most conservative.
State of New York.
The New York State Uniform Fire Prevention and Building Code.
See "waters of the state."
A pipe or conduit which carries stormwater, surface waters,
and drainage, but excludes sewage and industrial wastes.
Excess water which is derived from precipitation. This would
include surface runoff.
Those compounds which the New York State Department of Environmental
Conservation has determined may be harmful to man or the environment.
A mechanism used for removing water from a sump or wet well.
The Director of Public Works as nominated by the Mayor of
the City of Olean and confirmed by the City of Olean Council as the
Superintendent of Water and Wastewater. Such an individual shall be
licensed to practice engineering in the state, and otherwise qualified
to oversee water treatment and distribution and POTW operations. This
definition shall also include his authorized deputy, agent, or representative.
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.
A connection between the public sewer and the building sewer.
The result obtained, using an approved laboratory procedure,
to determine the quantity of ammonia in a sample and released during
the acid digestion of organic nitrogen compounds, expressed as milligrams
of nitrogen per liter.
The result obtained using an approved laboratory procedure
to determine the total quantity of orthophosphate in a sample of wastewater
following the hydrolysis of phosphorus compounds, expressed as milligrams
of phosphorus per liter of sample.
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 FWPCAA Section 307(a).
Any substance, whether gaseous, liquid, or solid, that when
discharged to a public sewer in sufficient quantities may be hazardous
to POTW operation and maintenance personnel, tend to interfere with
any biological sewage treatment process, or to constitute a hazard
to recreation in the receiving waters, due to the effluent from a
sewage treatment plant or overflow point. Any pollutant or combination
of pollutants listed as toxic in regulations promulgated by the EPA
under provisions of CWA 307(A), or other acts.
Water which is free of any pollutant or waste.
Any person who contributes, causes, or permits the contribution
of wastewater into the City's facilities.
A discharger to the POTW who is discharging on or before
the effective date of this article.
A discharger to the POTW who discharges nondomestic wastewaters.
A discharger to the POTW who initiates discharge after the
effective date of this article.
An industrial user of the City of Olean POTW who is:
Subject to National Categorical Pretreatment Standards promulgated
by the EPA;
Having substantial impact, either singly or in combination with
other industries, on the operation of the treatment works;
Using, on an annual basis, more than 10,000 pounds or 1,000
gallons of raw material containing priority pollutants and/or substances
of concern and discharging a measurable quantity of these pollutants
to the sewer system;
Discharging more than 5% of the flow or load of conventional
pollutants received by the POTW treatment plant.
Note: A user discharging a measurable quantity of a pollutant
may be classified as nonsignificant if, at the influent to the POTW
treatment plant, the pollutant is not detectable.
The liquid and water-carried industrial or domestic wastewaters
from dwellings, commercial establishments, 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 POTW.
A permit as set forth in this article.
See "sewage, unusual strength or character."
A channel in which a flow of water occurs, either continuously
or intermittently.
All streams, lakes, ponds, marshes, water courses, 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.
(b)
Abbreviations. The following abbreviations shall have the designated
meanings:
(1)
ANSI: American National Standards Institute.
(2)
ASTM: American Society for Testing and Materials.
(3)
AWWA: American Water Works Association.
(4)
BOD: Biochemical oxygen demand.
(5)
CFR: Code of Federal Regulations.
(6)
CPLR: Code of Public Law and Rules.
(7)
COD: Chemical oxygen demand.
(8)
EPA: Environmental Protection Agency.
(9)
L: Liter.
(10)
Mg: Milligram.
(11)
Mg/l: Milligrams per liter.
(12)
NCPI: National Clay Pipe Institute.
(13)
NPDES: National Pollutant Discharge Elimination System.
(14)
NYSDEC: New York State Department of Environmental Conservation.
(15)
NYSDOH: New York State Department of Health.
(16)
NYSDOT: New York State Department of Transportation.
(17)
P: Total phosphorus.
(18)
PSI: Pounds per square inch.
(19)
POTW: Publicly owned treatment works.
(20)
PPM: Parts per million, weight basis.
(21)
SIC: Standard Industrial Classification.
(22)
SPDES: State Pollutant Discharge Elimination System.
(23)
SWDA: Solid Waste Disposal Act, 42 U.S.C. § 690 L
et seq.
(24)
U.S.C.: United States Code of Laws.
(25)
USEPA: United States Environmental Protection Agency.
(26)
TSS: Total suspended solids.
(c)
Undefined terms. Terms not defined in this article, or terms found
to be ambiguous or improperly defined in this article, shall be defined
by the Act, or regulations pursuant thereto.
(a)
Connecting private sewage system to storm sewer unlawful. No person
shall connect a private sewage system so that sewage flows into a
storm sewer or into a drain intended exclusively for stormwater.
(b)
Discharge of sewage into well prohibited. No person shall discharge
sewage into a well.
(c)
Wastewater discharge unlawful. It shall be unlawful to discharge
into any natural outlet, within the City of Olean, or in any area
under the jurisdiction of the said municipality, any wastewater or
other polluted waters except where suitable treatment has been provided
in accordance with subsequent provisions of this article.
(d)
Limitations on use of public sewers. The use of the City of Olean
public sewers shall be strictly limited and restricted to receive
and accept the discharge of sewage and other wastes, including industrial
wastes generated on or discharged from real property within the bounds
of the service area of the POTW.
(e)
Wastewater from outside the POTW service area: intermunicipal agreements.
(1)
The City of Olean Council, on the recommendation of the Superintendent,
shall have the authority to enter into agreements to accept sewage
and other wastes, including industrial wastes, generated by or discharged
from persons outside the service area of the POTW.
(2)
If the person is a municipality, that municipality shall have
enacted a Sewer Use Law as restrictive on the discharge of sewage
and other wastes and the restrictions contained in this article.
(3)
If the person is not a municipality, the acceptance shall be
made only with the expressed written consent of the Superintendent
(the issuance of a permit) setting forth the terms and conditions
of such an acceptance.
(f)
Basis of sewer use requirement. All requirements, directives, and
orders calling for mandatory use of the sewers within the service
area of the POTW for the proper discharge of sewage and other wastes,
including industrial wastes, shall be established and given by the
City of Olean Common Council, NYSDEC, USEPA, and/or other such state
or federal agencies which have enforcement powers.
(a)
New inflow sources prohibited. No connections shall be made to a
sanitary or to a combined sewer which connections are intended to
discharge inflow. Such prohibited connections include, but are not
limited to, footing drains, roof leaders, roof drains, cellar drains,
sump pumps, catch basins, uncontaminated cooling water discharges,
or other sources of inflow.
(b)
Existing inflow sources disconnected. For properties where separate
storm sewers are available within 100 feet of the property line or
where, in the judgment of the Superintendent, sufficient natural drainage
is available, connections which contribute inflow to the sanitary
sewers must be disconnected in a fashion approved by the Superintendent,
prior to the sale of the property as outlined below.
(1)
Prior to the indexing and recording of a conveyance of real property with the City Assessor, as required by Chapter C, Article VI, Section 6.007 of the Charter of the City of Olean, the grantor shall obtain from the Superintendent an inspection certificate certifying that the property is free of inflow sources. In lieu of an inspection by the Superintendent, the transferor may obtain an inspection certificate from a plumber duly licensed by the City and which dated within 30 days of the proposed transfer date certifying that the property is free of inflow sources.
(2)
The Superintendent may waive the disconnection requirement if,
after an inspection by the Superintendent or his designated representative,
he determines that both the property line is not located within 100
feet of the storm sewer and in their opinion the property lacks sufficient
natural drainage so that the inability to continue the inflow would
result in damage to the property or an adjoining property.
(3)
Notwithstanding the above, this section shall only apply to
bona fide transfer of the property for value and shall not apply to
transfers between family members, spouses, in lieu of foreclosure,
or transfers where the grantee is an executor or administrator of
an estate and the grantee is taking title to the property through
a bequests under a last will and testament or through intestate succession.
For the purpose of this section, a referee's deed in foreclosure shall
constitute a bona fide transfer for value.
(c)
Existing inflow sources disconnected when property sold. Upon notice
from the Tax Assessor, the Superintendent shall inspect any newly
sold property for the purpose of determining if storm sewers or natural
drainage is available, and, if so, if all connections which contribute
inflow have been disconnected.
(d)
No reconnection of inflow source allowed. It shall be a willful violation
of this article for any person to reconnect any inflow source which
has been disconnected pursuant to this article.
(e)
Charges for inflow. The Superintendent is enabled to take whatever action is necessary to determine the amount of inflow including the requirement for installation of a control manhole. The property from which the inflow originated shall be billed for inflow according to Division 5, Section 27-167; however, the City of Olean Council may cause a surcharge at a rate not to exceed five times that for normal sewage volume charge.
(a)
Enforcement response plan. The Superintendent shall prepare an Enforcement
Response Plan. The Enforcement Response Plan, in a step-by-step fashion,
shall outline the procedures to be followed to identify, document,
and respond to violations by users of the POTW. All violations by
users of the POTW shall be met with some type of enforcement response.
The response shall be comprehensive and effective.
(1)
The Enforcement Response Plan shall:
a.
Describe how the Superintendent will investigate instances of
noncompliance.
b.
Describe the types of escalated enforcement actions that the
Superintendent will take in response to all anticipated types of user
violations and the time periods within which to initiate and follow-up
these actions.
c.
Adequately reflect the City of Olean Council's responsibility
to enforce all applicable standards and requirements.
(2)
The Enforcement Response Plan shall contain:
a.
Criteria for scheduling periodic inspection and/or sampling
visits to POTW users.
b.
Forms and guidelines for documenting compliance data in a manner
which will enable the information to be used as evidence.
c.
Systems to track due dates, compliance schedule milestones,
and pending enforcement actions.
d.
Criteria, responsible personnel, and procedures to select and
initiate an enforcement action.
(3)
The range of appropriate enforcement actions shall be based
on the nature and severity of the violation and other relevant factors,
such as:
a.
Magnitude of the violation.
b.
Duration of the violation.
c.
Effect of the violation on the receiving water.
d.
Effect of the violation on the POTW.
e.
Effect of the violation on the health and safety of the POTW
employees.
f.
Compliance history of the user.
g.
Good faith of the user.
h.
And shall promote consistent and timely use of enforcement remedies.
(4)
The City of Olean Council shall approve the Enforcement Response
Plan. The Enforcement Response Plan shall be reviewed at least every
five years.
(b)
Administrative remedies.
(1)
Notification of violation. Whenever the Superintendent finds
that any user has violated or is violating this article, or any wastewater
discharge permit, order, prohibition, limitation, or requirement permitted
by this article, the Superintendent may serve upon such person a written
notice stating the nature of the violation. Within 10 calendar days
of the date the Superintendent mails the notice, an explanation of
the violation and a plan for the satisfactory correction and prevention
thereof shall be submitted to the Superintendent by the user. The
correction and prevention plan shall include specific actions. Submission
of this plan in no way relieves the user of liability for any violations
caused by the user before or after receipt of the notice of violation.
(2)
Consent orders. The Superintendent is hereby empowered to enter
into consent orders, assurances of voluntary compliance, or other
similar documents establishing an agreement with the user responsible
for the noncompliance. Such orders shall include specific action to
be taken by the user to correct the noncompliance within a time period
also specified by the order. Consent orders shall have the same force
and effect as an administrative order.
(3)
Administrative or compliance orders.
a.
When the Superintendent finds that a user has violated or continues
to violate this article or a permit or administrative order issued
thereunder, he may issue an administrative order to the user responsible
for the discharge directing that, following a specified time period,
sewer service shall be discontinued, severed and abated unless the
violation is corrected and that there is no reoccurrence of the violation.
Administrative orders may also contain such other requirements as
might be reasonably necessary and appropriate to address the noncompliance,
including the installation of pretreatment technology, additional
self-monitoring, and management practices.
b.
The user may, within 15 calendar days of receipt of such order,
petition the Superintendent to modify or suspend the order. Such petition
shall be in written form and shall be transmitted to the Superintendent
by registered mail. The Superintendent shall then:
1.
Reject any frivolous petitions;
2.
Modify or suspend the order; or
3.
Order the petitioner to show cause in accordance with Sec. 27-44(b)(8) and may as part of the show-cause notice request the user to supply additional information.
(4)
Administrative fines.
a.
Notwithstanding any other section of this article, any user
who is found to have violated any provision of this article, or a
wastewater discharge permit or administrative order issued hereunder,
shall be fined in an amount not to exceed $1,000 per violation. Each
calendar day on which noncompliance shall occur or continue shall
be deemed a separate and distinct violation.
b.
The user may, within 15 calendar days of notification of the
Superintendent's notice of such fine, petition the Superintendent
to modify or suspend the order. Such petition shall be in written
form and shall be transmitted to the Superintendent by registered
mail. The Superintendent shall then:
1.
Reject any frivolous petitions;
2.
Modify or suspend the fine; or
3.
Order the petitioner to show cause in accordance with Sec. 27-44(b)(8) and may as part of the show-cause notice request the user to supply additional information.
(5)
Cease-and-desist orders.
a.
When the Superintendent finds that a user has violated or continues
to violate this article or any permit or administrative order issued
hereunder, the Superintendent may issue an administrative order to
cease and desist all such violations and direct those persons in noncompliance
to:
b.
The user may, within 15 calendar days of the date the Superintendent
mails notification of such order, petition the Superintendent to modify
or suspend the order. Such petition shall be in written form and shall
be transmitted to the Superintendent by registered mail. The Superintendent
shall then:
1.
Reject any frivolous petitions;
2.
Modify or suspend the order;
3.
Order the petitioner to show cause in accordance with Sec. 27-44(b)(8) and may as part of the show-cause notice request the user to supply additional information.
(6)
Termination of permit. Any user who violates the following conditions
of this article or a wastewater discharge permit or administrative
order, or any applicable or state and federal law, is subject to permit
termination: (1) violation of permit conditions or conditions of an
administrative order, (2) failure to accurately report the wastewater
constituents and characteristics of its discharge, (3) failure to
report significant changes in operations or wastewater constituents
and characteristics, (4) refusal of reasonable access to the user's
premises for the purpose of inspection, monitoring, or sampling, or
(5) failure to pay administrative fines, fees or user charges. Noncompliant
industrial users will be notified, by registered mail, of the proposed
termination of their wastewater permit. The user may, within 15 calendar
days of the date the Superintendent mails such notification, petition
the Superintendent to permit continued use of the POTW by the user.
Such petition shall be in written form and shall be transmitted to
the Superintendent by registered mail. The Superintendent shall then:
a.
Reject any frivolous petitions;
b.
Order the petitioner to show cause in accordance with Sec. 27-44(b)(8) and may as part of the show-cause notice request the user to supply additional information.
(7)
Water supply severance. Whenever a user has violated or continues
to violate the provisions of this article or an order or permit issued
hereunder, water service to the user may be severed and service will
only recommence, at the user's expense, after it has satisfactorily
demonstrated its ability to comply. The user may, within 15 calendar
days of severance, petition the Superintendent to reconnect water
supply service. Such petition shall be in written form and shall be
transmitted to the Superintendent by registered mail. The Superintendent
shall then:
a.
Reject any frivolous petitions;
b.
Reconnect the water supply; or
c.
Order the petitioner to show cause in accordance with Sec. 27-44(b)(8) and may as part of the show-cause notice request the user to supply additional information.
(8)
Show-cause hearing.
a.
The Superintendent may order any user appealing administrative remedies for violations of this article to show cause, before the City of Olean Council, why an enforcement action, initiated by the Superintendent, should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the City of Olean Council regarding the violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the City of Olean Council why the proposed enforcement action should not be taken. The notice of the hearing shall be served at least 10 calendar days before the hearing in accordance with Sec. 27-44(b)(10) of this article. Service shall be made on any principal or executive officer of a user's establishment or to any partner in a user's establishment. The notice of the hearing shall be served at least 10 calendar days before the hearing, in accordance with Sec. 27-44(b)(10). The City of Olean Council may itself conduct the hearing, or may designate any of its members or any officer or employee of the City of Olean to conduct the hearing:
1.
Issue, in the name of the City of Olean Board, notices of hearings
requesting the attendance and testimony of witnesses, and the production
of evidence relevant to any matter involved in such hearings;
2.
Take the evidence;
3.
Take sworn testimony;
4.
Transmit a report of the evidence and hearing, including transcripts
and other evidence, together with recommendations to the City of Olean
Council for action thereon.
b.
After the City of Olean Council has reviewed the evidence and
testimony, it may order the user to comply with the Superintendent's
order or fine, modify the Superintendent's order or fine, or vacate
the Superintendent's order or fine.
(9)
Failure of user to petition the superintendent. In the event
the Superintendent issues any administrative order, terminates the
user's permit, or makes any fine as set forth in this article, and
the user fails, within the designated period of time set forth, to
petition the Superintendent, as provided in appropriate sections of
this article, the user shall be deemed in default and its rights to
contest the administrative order or fine shall be deemed waived.
(10)
Notice. The notices, orders, petitions, or other notification
which the user or Superintendent shall desire or be required to give
pursuant to any sections of this article shall be in writing and shall
be served personally or sent by certified mail or registered mail,
return receipt requested, postage prepaid, and the notice, order,
petition, or other communication shall be deemed given upon its mailing
as provided herein. Any notice, administrative order, or communication
mailed to the user pursuant to the sections of this article shall
be mailed to the user where the user's effluent is discharged into
transmission lines to the City of Olean's POTW. Any notice, petition,
or other communication mailed to the Superintendent shall be addressed
and mailed to the City of Olean Hall of the City of Olean.
(11)
Right to choose multiple remedies. The Superintendent shall
have the right, within the Superintendent's sole discretion, to utilize
any one or more appropriate administrative remedies set forth in this
article. The Superintendent may utilize more than one administrative
remedy established pursuant to this article, and the Superintendent
may hold one show-cause hearing combining more than one enforcement
action.
(c)
Judicial remedies.
(1)
Civil actions for penalties.
a.
Any person who violates any of the provisions of or who fails
to perform any duty imposed by this article, or any administrative
order or determination of the Superintendent promulgated under this
article, or the terms of any permit issued hereunder, shall be liable
to the City of Olean for a civil penalty not to exceed $1,000 for
each such violation, to be assessed after a hearing (unless the user
waives the right to a hearing) held in conformance with the procedures
set forth in this article. Each violation shall be separate and distinct
violation, and in the case of continuing violation, each day's continuance
thereof shall be deemed a separate and distinct violation. Such penalty
may be recovered in an action brought by the City of Olean attorney,
or his designated attorney, at the request of the Superintendent in
the name of the City of Olean, in any court of competent jurisdiction
giving preference to courts local to the City of Olean. In addition
to the above described penalty, the Superintendent may recover all
damages incurred by the City of Olean from any persons or users who
violate any provisions of this article, or who fail to perform any
duties imposed by this article or any administrative order or determination
of the Superintendent promulgated under this article, or the terms
of any permit issued hereunder. In addition to the above described
damages, the Superintendent may recover all reasonable attorney's
fees incurred by the City of Olean in enforcing the provisions of
this article, including reasonable attorney's fees incurred in any
action to recover penalties and damages, and the Superintendent may
also recover court costs, and other expenses associated with the enforcement
activities, including sampling and monitoring expenses.
b.
In determining the amount of civil penalty, the court shall
take into account all relative circumstances, including, but not limited
to the extent of harm caused by the violation, the magnitude and duration,
any economic benefit gained through the user's violation, corrective
actions by the user, the compliance history of the user, and any other
relative factors as justice may require.
c.
Such civil penalty may be released or compromised by the Superintendent
before the matter has been referred to the City of Olean attorney,
and where such matter has been referred to the City of Olean attorney,
any such penalty may be released or compromised and any action commenced
to recover the same may be settled and discontinued by the City of
Olean attorney, with the consent of the Superintendent.
(2)
Court orders.
a.
In addition to the power to assess penalties as set forth in
this article, the Superintendent shall have the power, following the
hearing held in conformance with the procedures set forth in this
article, to seek an order:
b.
Any such court order shall be sought in an action brought by
the City of Olean attorney, at the request of the Superintendent,
in the name of the City of Olean, in any court of competent jurisdiction
giving precedence to courts local to the City of Olean.
c.
The City of Olean attorney, at the request of the Superintendent,
shall petition the Court to impose, assess, and recover such sums
imposed according to this article. In determining amount of liability,
the Court shall take into account all relevant circumstances, including,
but not limited to, the extent of harm caused by the violation, the
magnitude and duration, any economic benefit gained through the user's
violation, corrective actions by the user, the compliance history
of the user, and any other factor as justice requires.
(3)
Criminal penalties.
a.
Any person who willfully violates any provision of this article
or any final determination or administrative order of the Superintendent
made in accordance with this article shall be guilty of a Class A
misdemeanor, and upon conviction thereof, shall be punished by a fine
of not less than $500 nor more than $1,000, or imprisonment not to
exceed one year, or both. Each offense shall be a separate and distinct
offense, and, in the case of a continuing offense, each day's continuance
thereof shall be deemed a separate and distinct offense.
b.
Any user who knowingly makes any false statements, representations,
or certifications in any application, record, report, plan or other
document filed or required to be maintained pursuant to this article,
or wastewater permit, or who falsifies, tampers with, or knowingly
renders inaccurate any monitoring device or method required under
this article shall be guilty of a Class A misdemeanor and, upon conviction,
shall be punished by a fine of not more than $1,000 per violation
per day or imprisonment for not more than one year or both.
c.
No prosecution under this section shall be instituted until
after final disposition of a show cause hearing, if any, was instituted.
(4)
Additional injunctive relief. Whenever a user has violated or
continues to violate the provisions of this article or permit or order
issued hereunder, the Superintendent, through counsel, may petition
the Court, in the name of the City of Olean, for the issuance of a
preliminary or permanent injunction or both (as may be appropriate)
which restrains the violation of, or compels the compliance with any
order or determination thereunder by the Superintendent.
(5)
Summary abatement.
a.
Notwithstanding any inconsistent provisions of this article,
whenever the Superintendent finds, after investigation, that any user
is causing, engaging in, or maintaining a condition or activity which,
in the judgment of the Superintendent, presents an imminent danger
to the public health, safety, or welfare, or to the environment, or
is likely to result in severe damage to the POTW or the environment,
and it therefore appears to be prejudicial to the public interest
to allow the condition or activity to go unabated until notice and
an opportunity for a hearing can be provided, the Superintendent may,
without prior hearing, order such user by notice, in writing wherever
practicable or in such other form as practices are intended to be
proscribed, to discontinue, abate, or alleviate such condition or
activity, and thereupon such person shall immediately discontinue,
abate, or alleviate such condition or activity; or where the giving
of notice is impracticable, or in the event of a user's failure to
comply voluntarily with an emergency order, the Superintendent may
take all appropriate action to abate the violating condition. As promptly
as possible thereafter, not to exceed 15 calendar days, the Superintendent
shall provide the user an opportunity to be heard, in accordance with
the provisions of this article.
b.
If the user is not within the geographic boundaries of the City
of Olean, the right of summary abatement to discontinue, abate, or
alleviate conditions or activities shall be those prescribed in the
intermunicipal agreement.
c.
The Superintendent, acting upon the belief that an emergency
exists, shall be indemnified against any personal liability that may
arise in the performance of his duties to protect the public health,
safety, or welfare, or to preserve the POTW or the environment.
(d)
Miscellaneous.
(1)
Delinquent payments.
a.
If there shall be any payments which are due to the City of
Olean, or any department thereof, pursuant to any article or section
of this article, which shall remain due and unpaid, in whole or in
part, for a period of 20 calendar days from the date of billing by
the City of Olean, the same shall constitute a default, and there
shall be added to the entire amount of the original bill, a penalty
equal to 10% of the original bill.
b.
In the event that there are any sewer taxes, water taxes, assessments,
or other service charges which shall have been assessed within the
previous calendar year as of February 15 of any year, the Superintendent
shall report the names of the defaulting persons to the City of Olean
Mayor, the City of Olean Clerk, the City of Olean Chief Assessor,
and the City of Olean Treasurer on or before March 1 of the same year.
The City of Olean Chief Assessor is hereby directed to add the entire
amount of the sewer tax, assessment, or other service charge which
shall be in default, plus penalty and interest, as provided for in
this article, to the real property taxes due and owing to City of
Olean in the next succeeding year, and the City of Olean Chief Assessor
is directed to collect the same in the same manner as real property
taxes due and owing to the City of Olean are collected.
c.
Where charges are delinquent and the violator is not a resident
of the City of Olean, or is located outside the geographical boundaries
of the City of Olean, then the City of Olean attorney is authorized
to seek recovery of charges, including punitive damages, in a court
of competent jurisdiction or make arrangements with the appropriate
county where the user is located to add the amount of the sewer assessment
or other charges which shall be in default, plus penalty and interest,
as provided for in the law, to the real property taxes due to the
county in the next ensuing year.
(2)
Performance bonds. The Superintendent may decline to reissue
a permit to any user which has failed to comply with the provisions
of this article or any order or previous permit issued hereunder unless
such user first files with it a satisfactory bond, payable to the
POTW, in a sum not to exceed a value determined by the Superintendent
to be necessary to achieve consistent compliance.
(3)
Liability insurance. The Superintendent may decline to reissue
a permit to any user which has failed to comply with the provisions
of this article or any order or previous permit issued hereunder,
unless the user first submits proof that it has obtained financial
assurances sufficient to restore or repair POTW damage caused by its
discharge.
(4)
Informant rewards. The Superintendent is authorized to pay up
to $500 for information leading to the discovery of noncompliance
by a user. In the event that the information provided results in an
administrative fine or civil penalty levied against the user, the
Superintendent is authorized to disperse up to 10% of the collected
fine or penalty to the informant. However, a single reward payment
may not exceed $10,000, including the discovery reward.
(5)
Public notification. The Superintendent shall provide public
notification, in the daily newspaper with the largest circulation
in the City of Olean, of users which were in significant noncompliance
of local or federal pretreatment standards or requirements since the
last such notice. The frequency of such notices shall be at least
once per year.
(6)
Contractor listings.
a.
Users which have not achieved consistent compliance with applicable
pretreatment standards and requirements are not eligible to receive
a contractual award for the sale of goods or services to the City
of Olean.
b.
Existing contracts for the sale of goods or services to the
City of Olean held by a user found to be in significant violation
with pretreatment standards may be terminated at the discretion of
the City of Olean Council.
(e)
Violations of article.
(1)
Any person found to be violating any provision of this article, except Section 27-48, shall be served by the Control Authority, through registered mail, a written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
(2)
The Control Authority may request any user responsible for a
noncompliant discharge to the City collection or treatment facilities
to show cause why enforcement action should not be taken. A notice
shall be served on the user designating the time and place of the
hearing to be held regarding the violations, the reasons why the action
is to be taken, the proposed enforcement action, and requesting the
user to show cause why the proposed enforcement action should not
be taken.
(3)
The Control Authority may issue notice of such hearings requesting
the attendance and testimony of witnesses and the production of evidence
relevant to any matter involved in such hearings. Testimony will be
taken under oath, recorded, and kept on file for inspection by the
public or any interested party.
(4)
After the Control Authority has reviewed the evidence, it may
issue a directive to the user responsible for the discharge specifying
corrective action to be taken and a schedule for completion of this
action.
(5)
In addition to any fines or penalties under this article, the
Control Authority may seek temporary restraining orders, plug or disconnect
service or permanent injunctions if there is any imminent danger to
health, safety, or property as the result of the violation. Any violation
of this article of the Code of Ordinances and any violation of directives
and permits issued by the Control Authority shall be the subject of
the City's Enforcement Response Plan as approved by the United States
Environmental Protection Agency and as may be changed from time to
time.
(6)
Any person who fails to comply with the provisions of this article
after the time period established in Subsection (a) and/or the Enforcement
Response Plan may be liable to monetary forfeitures. If such fines
are to be levied, the violator shall be notified in writing through
registered mail as to the nature of the violation and the amount of
the fine. The fine for significant noncompliance is $1,000 per day.
In addition, the Control Authority, after proper notification of violations
and imposing of fines through registered mail, may preside over and
conduct a show-cause hearing. Depending upon the outcome of the hearing,
the Control Authority may revoke or suspend the user's permit to discharge.
The permit may be reissued by the Control Authority after the user
demonstrates that he is in compliance with all provisions of this
article.
(7)
The continued violation of any provision of any section of this
article, other than those pertaining to the payment of charges for
services established herein, shall constitute a separate offense for
each and every day such violation of any provision hereof shall continue.
(8)
As an alternative, upon violation of this article, the proper
authorities of the City, in addition to other remedies, may institute
any appropriate action or proceedings, including an injunction to
prevent such unlawful use, construction or maintenance of cesspools,
septic tanks, sewage disposal systems, pipes or drains to restrain,
correct or abate such violation to prevent the occupancy of any building,
structure, or land where such violations of this article are found.
(9)
Any person violating any of the provisions of this article shall
become liable to the City for any expense, loss or damage occasioned
the City by reason of such violation.
(10)
Any person violating the terms of the provisions of this article
that pertain to FWPCAA shall be liable to civil and criminal penalties
and fines which will be levied in accordance with judicial procedures.
(11)
At least annually, the POTW will publish in the largest daily
newspaper in the City of Olean notification of industrial users that
were in significant noncompliance with applicable pretreatment requirements
during the previous 12 months.
(12)
Any person who knowingly makes any false statements, representation
or certification in any application, record, report, plan, or other
document filed or required to be maintained pursuant to this article,
or permit to discharge, or who falsifies, tampers with, or knowingly
renders inaccurate any monitoring device or method required under
this article, shall be liable to civil and criminal penalties and
fines which will be levied in accordance with judicial procedures.
It shall be unlawful for any person to place, deposit, or permit
to be deposited in any unsanitary manner upon public or private property
within the City, or in any area under the jurisdiction of the City,
any human or animal excrement, garbage or other objectionable waste.
Exceptions may be granted by the Common Council to an owner or lessee
acting in the normal course of farm or garden operations but only
after specific application to the Director by such owner or lessee
and upon such conditions as the Common Council may impose.
(a)
It shall be unlawful for any person to discharge to any watercourse,
either directly or through any storm sewer, within the City, or in
any area under the jurisdiction of the City, any sewage, industrial
wastes, or other polluted waters. Use of separate storm sewers and
sanitary sewers is mandatory for all future construction in the City.
No combined sewers will be allowed to be constructed in the future.
(b)
Disposal into the sewer system of any pollutant by any person is
unlawful except in compliance with federal standards promulgated pursuant
to the Federal Water Pollution Control Act Amendments of 1977, and
any more stringent state and local standards.
(c)
Any new and existing industry discharging into any City-owned sewer
will be required to complete successfully a permit application and
receive a written permit to discharge issued by the IPP Administrator.
As a condition for this permit, the industrial applicant must provide
information describing wastewater constituents and characteristics,
and type of activity involved. The information to be submitted will
be at the direction of the IPP Administrator, who will indicate constituents
and characteristics to be tested and procedures for conducting such
tests. Permission to discharge will be for a period of three years.
All industry shall apply for permission to continue discharging a
minimum of 90 days prior to expiration of existing permit. The permit
shall include at a minimum the following five conditions: (1) a statement
of duration; (2) a statement of nontransferability; (3) applicable
federal, state, and local effluent limits; (4) self-monitoring, sampling,
reporting, notification, and record-keeping requirements; (5) a statement
of applicable civil and criminal penalties. During the effective period
of a permit to discharge, the IPP Administrator is authorized to modify
any condition(s) contained within that permit. The industry shall
be informed of any proposed changes at least 30 days prior to the
effective date of change. Any changes or new conditions shall include
a reasonable time schedule as set up by the IPP Administrator.
(1)
A permit to discharge is issued to a specific industry, not
a location, and therefore is not transferable. Should any industry
discharging to the City's sewers modify any of its processes so as
to increase or decrease the flow or pollutant loading by greater than
20% of the present industrial discharge, such industry shall seek
written permission for a permit to discharge from the IPP Administrator
for that modification prior to initiating this modification of discharge.
The IPP Administrator shall require from the industry the same type
of information that any existing or new industry initiating an industrial
discharge to City-owned sewers is required to provide. The IPP Administrator
is authorized to monitor all industrial discharges and at his discretion
shall order City monitoring or self-monitoring of the industrial discharges.
Such monitoring will be directed by the IPP Administrator.
(2)
The industrial user shall be responsible for record retention
and shall retain and preserve for no less than three years any records,
books, documents, memoranda, reports, correspondence, and any and
all summaries thereof related to monitoring, sampling, and chemical
analyses made by or on behalf of the user in connection with its discharge.
All records that pertain to matters that are the subject of special
orders or any other enforcement or litigation activity brought against
the IU shall be retained and preserved by the industrial users until
all enforcement activities have concluded and all periods of limitation
with respect to any and all appeals have expired.
(d)
The IPP Administrator is authorized to ensure compliance of industrial
users (as defined in 40 CFR 403) with federal, state, or local pretreatment
standards and any other applicable requirements promulgated by EPA
in accordance with Section 307 of FWPCAA. In addition to any other
remedy as provided by any law or rule, the IPP Administrator is authorized
to ensure compliance of industrial users as defined in 40 CFR 403
by revocation of any permit issued pursuant to this section for violation
of any provision of this section.
(a)
The inspector, the director and other duly authorized employees of
the City, NYSDEC, and EPA bearing proper credentials and identifications
shall be permitted to enter upon all properties of the industry, for
the purpose of inspection, observation, measurement, sampling and
testing in accordance with the provisions of this article. Wastewaters
shall be accessible, through such means as a control manhole, for
purposes of inspection, observation, measurement, sampling and testing.
In addition, the inspector, director or other duly authorized employees
of the City, NYSDEC, and EPA bearing proper credentials and identifications
shall be permitted to review and copy any existing monitoring records
of any industrial user to verify compliance or violation.
(b)
When the IPP Administrator has reason to believe an industry's discharge
should be monitored in order to ensure compliance with the provisions
of this article, then at his discretion the industry in question will
be required to file one or more reports on the constituents and characteristics
of its discharge. The industrial user shall construct a sampling manhole,
install monitoring equipment, and monitor if IPP Administrator determines
such sampling point and monitoring is required. This information to
be submitted, and the methods for collecting data, shall be at the
direction of the IPP Administrator. The City may monitor and analyze
or cause to be monitored or analyzed the industrial waste streams
of any industry if the IPP Administrator has reason to believe an
industry's discharge should be monitored in order to insure compliance
with the provisions of this article. The City can also back-charge
the industry for this monitoring and analysis.
It shall be unlawful for any person to maliciously, willfully
or negligently break, damage, destroy, uncover, deface or tamper with
any structure, appurtenance or equipment, including control manholes,
which is a part of the City sewerage works. Any person violating this
provision shall be subject to immediate arrest under charge of disorderly
conduct.
If any provision, paragraph, word, section or article of this
article is invalidated by any court of competent jurisdiction, the
remaining provisions, paragraph, words, sections, and chapters shall
not be affected and shall continue in full force and effect.
All other ordinances and parts of other ordinances inconsistent
or conflicting with any part of this article are hereby repealed to
the extent of such inconsistency or conflict.
The IPP Administrator may immediately suspend a user's discharge,
after informal notice to the user, whenever such suspension is necessary
to stop an actual or threatened discharge, which reasonably appears
to present or cause an imminent or substantial endangerment to the
health or welfare of persons. The IPP Administrator may also immediately
suspend a user's discharge, after notice and opportunity to respond,
that threatens to interfere with the operation of the POTW, or which
presents, or may present, an endangerment to the environment.
(1)
Any user notified of a suspension of its discharge shall immediately
stop or eliminate its contribution. In the event of a user's failure
to immediately comply voluntarily with the suspension order, the IPP
Administrator may take such steps as deemed necessary, including immediate
severance of the sewer connection, to prevent or minimize damage to
the POTW, its receiving stream, or endangerment to any individuals.
The IPP Administrator may allow the user to recommence its discharge
when the user has demonstrated to the satisfaction of the IPP Administrator
that the period of endangerment has passed, unless the termination
proceedings in Section 27-42(E.6) of this chapter are initiated against
the user.
(2)
A user that is responsible, in whole or in part, for any discharge
presenting imminent endangerment shall submit a detailed written statement,
describing the causes of the harmful contribution and the measures
taken to prevent any future occurrence, to the IPP Administrator prior
to the date of any show-cause or termination hearing under § 27-42(E.6)
of this chapter.
