(a) 
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.
ABNORMAL SEWAGE
Sewage whose concentration of one or more characteristics of normal sewage exceeds the maximum concentrations of the characteristics of normal sewage. See "normal sewage."
ACT or THE ACT
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.
ADMINISTRATOR
The Regional Administrator of the United States Environmental Protection Agency (USEPA), Region 2.
AMMONIA
The result obtained, using an approved laboratory procedure, to determine the quantity of ammonia in a sample, expressed as milligrams of nitrogen per liter.
APPLICANT
That person who makes application for any permit. The applicant may be an owner, new or old, or his agent.
APPROVAL AUTHORITY
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.
APPROVED LABORATORY PROCEDURE
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.
ASTM (AMERICAN SOCIETY FOR TESTING AND MATERIALS)
The latest edition of any ASTM specification, when stipulated in this article.
AUTHORIZED REPRESENTATIVE OF THE INDUSTRIAL USER
An authorized representative of the industrial user may be:
(1) 
A principal executive officer of at least the level of vice-president, if the industrial user is a corporation;
(2) 
A general partner or proprietor, if the industrial user is a partnership or proprietorship, respectively;
(3) 
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.
BACKGROUND CONCENTRATION
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.
BOD (BIOCHEMICAL OXYGEN DEMAND)
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.
BUILDER
Any person or corporation who undertakes to construct, either under contract or for resale, any building.
BUILDING DRAIN
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.
BUILDING SEWER
The extension from the building drain to the public sewer or other place of disposal.
CATEGORICAL PRETREATMENT STANDARDS
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.
CHLORINE DEMAND
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.
CHLORINE REQUIREMENT
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.
CITY
The City of Olean, incorporated on April 26, 1893.
CITY CHARTER
The Charter of the City, as amended.
COD (CHEMICAL OXYGEN DEMAND)
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.
COLOR
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.
COMBINED SEWER
A sewer receiving both surface runoff and sewage.
COMPOSITE SAMPLE
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.
CONNECTION
Attachment of one user to a sewer. (See "extension.")
CONNECTION CHARGE (TAP FEE)
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.
CONTRACTOR
Any person, firm, or corporation approved by the Common Council to do work in the City.
CONTROL AUTHORITY
The City of Olean.
CONTROL MANHOLE
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.
CONVENTIONAL POLLUTANT
A pollutant that the POTW treatment plant was designed to treat, defined in accordance with the Act.
COOLING WATER
Water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product.
COUNTY
Cattaraugus County.
DEVELOPER
Any person or corporation who undertakes to construct simultaneously more than one housing unit on a given tract or land subdivision.
DIRECT DISCHARGE
The discharge of treated or untreated wastewater directly to the waters of the State of New York. (For reference, see "indirect discharge.")
DIRECTOR
The Director of Public Works for the City, or his authorized deputy, agent or representative.
DOMESTIC WASTES
See "sewage, domestic."
DRY SEWERS
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.
EASEMENT
An acquired legal right for the specific use of land owned by others.
END OF PIPE
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.
END OF PIPE CONCENTRATION
The concentration of a substance in a sample of wastewater at end of pipe.
END OF PROCESS CONCENTRATION
See "National Categorical Pretreatment Standard."
ENFORCEMENT RESPONSE PLAN
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.
EPA
The United States Environmental Protection Agency.
EXTENSION
Attachment of a sewer line with more than one user to an existing sewer line.
FACILITY
All buildings, other structures, grounds and contiguous property at any locations related to or connected with a user at the user's location.
FLOATABLE OIL
Oil, grease, or fat in a physical state such that it will separate by gravity from wastewater by treatment in a wastewater treatment facility.
FLOW RATE
The quantity of liquid or waste that flows in a certain period of time.
FWPCAA
The Federal Water Pollution Control Act Amendments, or the Act.
GARBAGE
Solid wastes from the preparation, cooking, and dispensing of food, and from the handling, storage, and sale of produce.
GRAB SAMPLE
A single sample of wastewater representing the physical, chemical, and biological characteristics of the wastewater at one point and time.
ICS FORM
The form used by the NYSDEC to survey industries to perform and update the Industrial Chemical Survey.
INDIRECT DISCHARGE
The introduction of pollutants into a POTW from any nondomestic source.
INDUSTRIAL
Meaning or pertaining to industry, manufacturing, commerce, trade, business, or institution, and is distinguished from domestic or residential.
INDUSTRIAL CHEMICAL SURVEY (ICS)
The survey of industries in New York State, initiated by the NYSDEC, to determine chemical usage and storage by those industries.
INDUSTRIAL PRETREATMENT PROGRAM (IPP)
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.
INDUSTRIAL PRETREATMENT PROGRAM ADMINISTRATOR (IPP ADMINISTRATOR)
The Director of Public Works or the Wastewater Treatment Plant Chief Operator acting on behalf of the Control Authority.
INDUSTRIAL USER
Any source of indirect discharge, including all nondomestic sources and including commercial facilities, hospitals, and government agencies.
INDUSTRIAL WASTES
The liquid, solid, and gaseous waste, including suspended solids, resulting from the processes employed in industrial or commercial establishments.
INFILTRATION
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.
INFLOW
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.
INSPECTOR
The plumbing and building inspector of the City, or his authorized deputy, agent, or representative.
INTERFERENCE
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.
LATERAL, BUILDING
The sewer extension from the building drain to the street lateral or other place of wastewater disposal.
LATERAL, STREET
The sewer extension from the public sewer to the property line.
NATIONAL CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD
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").
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT
A permit issued pursuant to Section 402 of the Act (33 U.S.C. § 1342).
NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE STANDARD
Any regulation developed under the authority of Section 307(B) of the Act, and 40 CFR 403.5.
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake, or other body of surface water or groundwater.
NEW OWNER
That individual or entity who purchased property within the service area of the City of Olean after the effective date of this article.
NEW SOURCE
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.
NEW USER
A discharger to the POTW who commences discharge after the effective date of this article.
NONCOMPLIANCE
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.
NORMAL SEWAGE
See "sewage, normal."
NPDES
The National Pollutant Discharge Elimination System.
NUISANCE
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.
NYSDEC
The New York State Department of Environmental Conservation or other duly authorized official of said department.
NYSDPW
New York State Department of Public Works.
OIL AND GREASE
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.
OLD OWNER
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.
OTHER WASTES
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.
OUTLET SEWER
A public sewer constructed and paid for at the general expense of the City.
OWNER
Any individual, firm, company, association, society, person, or group having title to real property.
PASS THROUGH
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.
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.
PERMIT TO DISCHARGE
A written permit to deposit or discharge industrial waste into the POTW.
PERSON
Any individual, firm, company, association, society, corporation or group, including a city, town, or village.
PETITION SEWER
A public sewer constructed and paid for at the expense of the owners of property adjoining the sewer.
PHOSPHORUS, TOTAL
See "total phosphorus."
pH
The negative logarithm of the concentration of hydrogen ions in the grams-ionic weights per liter of solution.
POLLUTANT
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.
POLLUTION
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.
POTW TREATMENT PLANT
That portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.
PRETREATMENT (TREATMENT)
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).
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirement related to pretreatment other than a National Pretreatment Standard imposed on an industrial user.
PRETREATMENT STANDARD or NATIONAL PRETREATMENT STANDARD
Any categorical standard or prohibitive discharge standard.
PRIORITY POLLUTANTS
The most recently revised or updated list, developed by the EPA, in accordance with the Act.
PROHIBITIVE DISCHARGE STANDARD
See "national prohibitive discharge standard."
PROPERLY SHREDDED GARBAGE
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.
PROPERTY LINE
The edge of a public street line if the building sewer is to connect with the public sewer in a public street.
PUBLIC SEWER
A sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.
PUBLICLY OWNED TREATMENT WORKS (POTW)
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.
RECEIVING WATERS
A natural water course or body of water (usually waters of the state) into which treated or untreated sewage is discharged.
RECORDS
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.
ROOF DRAIN
A drain installed to receive water collecting on the surface of a roof for disposal.
SANITARY SEWER
A sewer which carries sewage and to which storm, surface, and groundwaters are not intentionally admitted.
SEPTAGE
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.
SEPTIC TANK
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.
SERVICE AREA OF THE POTW
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.
SEWAGE
A combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments.
SEWAGE TREATMENT PLANT
Any arrangement of devices and structures used for treating sewage.
SEWAGE, DOMESTIC (DOMESTIC WASTES)
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, NORMAL
(1) 
Sewage, industrial wastes, or other wastes, which show, by analysis, the following characteristics:
a. 
B.O.D. (five-day): 2,090 pounds per million gallons (250 milligrams per liter), or less.
b. 
Suspended Solids: 2,500 pounds per million gallons (300 milligrams per liter), or less.
c. 
Phosphorus: 125 pounds per million gallons (15 milligrams per liter), or less.
d. 
Ammonia: 250 pounds per million gallons (30 milligrams per liter), or less.
e. 
Total Kjeldahl Nitrogen: 417 pounds per million gallons (50 milligrams per liter), or less.
f. 
Chlorine Demand: 209 pounds per million gallons (25 milligrams per liter), or less.
g. 
Chemical Oxygen Demand: 2,920 pounds per million gallons (350 milligrams per liter), or less.
h. 
Oil and Grease: 830 pounds per million gallons (100 milligrams per liter), or less.
(2) 
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.
SEWAGE, SANITARY
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, UNUSUAL STRENGTH OR CHARACTER
Sewage which has characteristics greater than those of normal sewage and/or which contains substances of concern.
SEWER
A pipe or conduit for carrying sewage.
SEWER DISTRICT
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.
SEWER, COMBINED
A sewer designed to receive and transport both surface runoff and sewage.
SEWER, PUBLIC
A sewer in which all abutting property owners have equal rights, and the use of which is controlled by the City of Olean.
SEWER, SANITARY
A sewer which carries sewage, and to which storm, surface, and groundwaters are not intentionally admitted.
SEWER, STORM (STORM DRAIN)
A sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastewaters, other than cooling waters and other unpolluted waters.
SEWERAGE SURCHARGE
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.")
SEWERAGE SYSTEM (also POTW)
All facilities for collecting, regulating, pumping, and transporting wastewater to and away from the POTW treatment plant.
SIGNIFICANT INDUSTRIAL USER
(1) 
All industrial users subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N; and
(2) 
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)].
SIGNIFICANT NONCOMPLIANCE
Any violation or group of violations that meets one or more of the following criteria:
(1) 
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);
(2) 
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);
(3) 
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);
(4) 
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;
(5) 
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;
(6) 
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;
(7) 
Failure to accurately report noncompliance;
(8) 
Any other violation or group of violations, which may include a violation of best management practices, which the POTW determines will adversely affect the operation or implementation of the local pretreatment program.
SLUG LOAD
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.
SPDES
The State Pollution Discharge Elimination System.
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
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.
STANDARD METHODS
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
State of New York.
STATE BUILDING CONSTRUCTION CODE APPLICABLE TO PLUMBING
The New York State Uniform Fire Prevention and Building Code.
STATE'S WATERS
See "waters of the state."
STORM SEWER or STORM DRAIN
A pipe or conduit which carries stormwater, surface waters, and drainage, but excludes sewage and industrial wastes.
STORMWATER
Excess water which is derived from precipitation. This would include surface runoff.
SUBSTANCES OF CONCERN
Those compounds which the New York State Department of Environmental Conservation has determined may be harmful to man or the environment.
SUMP PUMP
A mechanism used for removing water from a sump or wet well.
SUPERINTENDENT
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.
SUSPENDED SOLIDS
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.
TAP or TAP-IN
A connection between the public sewer and the building sewer.
TOTAL KJELDAHL NITROGEN (TKN)
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.
TOTAL PHOSPHORUS
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.
TOXIC POLLUTANT
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).
TOXIC SUBSTANCES
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.
UNPOLLUTED WATER
Water which is free of any pollutant or waste.
USER
Any person who contributes, causes, or permits the contribution of wastewater into the City's facilities.
USER, EXISTING
A discharger to the POTW who is discharging on or before the effective date of this article.
USER, INDUSTRIAL
A discharger to the POTW who discharges nondomestic wastewaters.
USER, NEW
A discharger to the POTW who initiates discharge after the effective date of this article.
USER, SIGNIFICANT INDUSTRIAL (SIU)
(1) 
An industrial user of the City of Olean POTW who is:
a. 
Subject to National Categorical Pretreatment Standards promulgated by the EPA;
b. 
Having substantial impact, either singly or in combination with other industries, on the operation of the treatment works;
c. 
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;
d. 
Discharging more than 5% of the flow or load of conventional pollutants received by the POTW treatment plant.
(2) 
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.
WASTEWATER
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.
WASTEWATER DISCHARGE PERMIT
A permit as set forth in this article.
WASTEWATER, UNUSUAL STRENGTH OR CHARACTER
See "sewage, unusual strength or character."
WATERCOURSE
A channel in which a flow of water occurs, either continuously or intermittently.
WATERS OF THE STATE (STATE'S WATERS)
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:
1. 
Comply forthwith.
2. 
Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations or terminating the discharge.
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:
1. 
Suspending, revoking, or modifying the violator's wastewater discharge permit; or
2. 
Enjoining the violator from continuing the violation.
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.