This chapter may and shall be cited as the "Town of Porter Sewers
Law."
The Town of Porter, to protect the health, safety and welfare
of its citizens, and to protect and preserve the environment, has
heretofore initiated the installation of sanitary sewers in parts
of the Town. However, the effectiveness of said sanitary sewer system
is contingent on its proper utilization. Any misuse will hamper its
effectiveness and compromise its purpose. Therefore, it is the purpose
of this chapter to enact rules and regulations to govern the use of
said sanitary sewer system, and thereby insure its proper utilization
and effectiveness of operation.
This chapter shall apply to all the territory within the confines
of the borders of the Town of Porter, excepting any incorporated village.
Unless the context specifically indicates otherwise, the meaning
of terms used in this chapter shall be as follows:
Industrial waste, substance or wastewater characteristic,
in excess of that found in normal wastewater, but which is otherwise
acceptable for disposal into a public sewer under the terms of this
chapter.
The charge levied against any person for services rendered
during treatment of abnormal pollutants or waste. This charge is intended
to partially defray the added cost of transporting and treating abnormal
pollutants or waste. This charge shall be in addition to the usual
annual charge for sanitary sewer service.
Any wastewater having a suspended solids, BOD or phosphate
content in excess of that found in normal wastewater, but which is
otherwise acceptable for disposal into a public sewer under the terms
of this chapter.
A permit approved by and issued by the Administrator, permitting
the discharge or deposit of abnormal wastewater into a sanitary sewer
system upon payment of a surcharge.
The charge levied against any person for services rendered
during treatment of abnormal sanitary wastewater or waste. This charge
is intended to partially defray the added cost of transporting and
treating abnormal wastewater or waste. This charge shall be in addition
to the usual charge for sanitary sewer service.
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.[1]
The administrator of the sewer system of the Town of Porter.
The measure of the biochemical oxygen demand content of wastewater
in parts per million (milligrams per liter).
The quantity of oxygen utilized in the biochemical oxidation
of organic matter, under standard laboratory procedure, in five days
at 20° C., expressed in milligrams per liter.
Includes houses, structures, establishments or properties
used for human occupancy, employment, recreation or other purpose.
That part of the lowest horizontal piping of a sewerage system
which receives discharge from sewerage 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.
A sewer receiving both surface runoff and wastewater.
The water discharged from any system such as air conditioning,
cooling or refrigeration.
Solid wastes from the domestic and commercial preparation,
cooking and dispensing of food, and from the handling, storage and
sale of produce.
A permit to deposit or discharge industrial waste into any
sanitary sewer in the Town.
The liquid, solid or gaseous wastes derived from industrial
manufacturing processes, trade, business and institutions, as distinct
from sanitary wastewater.
[Amended 3-23-1981 by L.L. No. 1-1981]
The measurements, tests, and analyses of the characteristics
of waters and wastes, in accordance with the methods contained in
the latest edition of "Standard Methods for Examination of Water and
Wastewater," a joint publication of the American Public Health Association,
the American Waterworks Association and the Water Pollution Control
Federation, or in accordance with any other method prescribed by the
Town by rules and regulations promulgated pursuant to this section.
Is permissive.
Any outlet into a watercourse, pond, ditch, lake or other
body of surface or groundwater.
The NYS Department of Environmental Conservation or other
duly authorized official of said Department.
[Added 3-23-1981 by L.L. No. 1-1981]
Wastewater which, when analyzed, shows by weight a daily
average of not more than 2,500 pounds per million gallons (300 parts
per million) of suspended solids, not more than 2,500 pounds per million
gallons (300 parts per million) of BOD and not more than 83 pounds
per million gallons (10 parts per million) of phosphorous as P, and
which is otherwise acceptable for the public sewer under the terms
of this chapter.
Any wastes which can harm either the sewers, sewer treatment
process or equipment, or which have an adverse effect on the receiving
stream, or which can otherwise endanger life, limb, public property,
or constitute a nuisance.
Owner of record of the freehold of the premises or lesser
estate therein, a mortgagee, or vendee in possession, assignee of
rents, receiver, executor, trustee, lessee, or other person, firm
or corporation in control of a building.
The total phosphorous determined under standard laboratory
procedures, expressed in milligrams per liter.
Any individual, firm, company, association, society, corporation,
including municipal corporations, or group.
The logarithm of the reciprocal of the weight of hydrogen
ions in grams per liter of solution.
Any substance or wastewater characteristic present in polluted
water or waste.
Any water or liquid waste containing any of the following:
phenols or other substances to an extent imparting taste and odor
in receiving waters; toxic or poisonous substances in suspension,
colloidal state or solution, or noxious odorous gases; more than 10,000
parts per million, by weight of dissolved solids, of which more than
2,500 parts per million are chloride; more than 10 parts per million
of suspended solids and/or BOD; color exceeding 50 parts per million,
or having a pH value of less than 5.5 or more than 9.5; and/or any
water or waste not approved for discharge into a stream or waterway
by the appropriate state or federal authority.
The reduction of the amount 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 alternation
can be obtained by physical, chemical or biological processes, process
changes or by other means, except as prohibited by 40 CFR 403.6, General
Pretreatment Regulations for Existing and New Sources of Pollution,
promulgated by the USEPA.
[Added 3-23-1981 by L.L. No. 1-1981]
The wastes from the preparation, cooking and dispensing of
food that have been shredded to such a degree that all particles will
be carried freely under the flow conditions normally prevailing in
public sewers, with no particle greater than 1/2 inch (1.27 centimeters)
in any dimension.
A sewer in which all owners of abutting properties have equal
rights, and which is controlled by public authority.
A treatment works as defined by 33 U.S.C. § 1292.
It includes any sewers that convey wastewater to a treatment plant
but does not include pipes, sewers or other conveyances not connected
to a facility providing treatment.
[Added 3-23-1981 by L.L. No. 1-1981]
Any additional rules and regulations adopted by the Town
Board of the Town of Porter.
The measure of the suspended solids content of wastewater
in parts per million (milligrams per liter).
A sewer which carries wastewater, and to which storm, surface
and groundwaters are not intentionally admitted.
A pipe or conduit for carrying wastewater.
Is mandatory.
Any user who:
[Added 3-23-1981 by L.L. No. 1-1981]
Has a discharge flow of 25,000 gallons or more per average work
day;
Has in his waste toxic pollutants as defined pursuant to Section
307 of the Act;
Has been identified as one of the 21 industrial categories pursuant
to Section 307 of the Act; or
Is found by the Town to have significant impact, either singly
or in combination with other contributing industries on the treatment
or collection system.
Any discharge of water, wastewater, or industrial waste which,
in connection with any given constituent or in quantity of flow, exceeds
for any period of duration longer than 15 minutes more than five times
the average twenty-four-hour concentration or flows during normal
operation.
The latest edition of "Standard Methods for the Examination
of Water and Wastewater" prepared and published jointly by the American
Public Health Association, American Waterworks Association and the
Water Environment Federation.[2]
A sewer which carries storm and surface waters and drainage,
but excludes wastewater and industrial wastes.
Both the biochemical oxygen demand index and the suspended
solids strength index.
Solids that either float on the surface of water, or are
in suspension in water, wastewater or other liquids, and which are
removable by laboratory filtering.
The trunk sewers, interceptors, pumping stations, treatment
plant, outfall conduits, and so forth designed to collect, transmit,
treat and dispose of estimated flows and loadings of participants
and other users of the system.
The Town of Porter, New York.
The U.S. Environmental Protection Agency or, where appropriate,
a designation for the administrator or other duly authorized official
of said agency.
[Added 3-23-1981 by L.L. No. 1-1981]
Any water or liquid waste containing none of the following:
phenols or other substances to an extent imparting taste and odor
in receiving waters; toxic or poisonous substances in suspension,
collodial state or solution, or noxious or odorous gases; not more
than 10,000 parts per million, by weight, of dissolved solids, of
which not more than 2,500 parts per million may have a pH value of
less than 5.5 nor higher than 9.5.
A combination of the water-carried wastes from buildings,
institutions and industrial establishments.
All facilities for collection, pumping, treating and disposing
of wastewater and sludge.
Any arrangement of devices and structures used for treating
wastewater and sludge.
A channel in which a flow of water occurs, either continuously
or intermittently.
A.
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 Town, any human or animal excrement, garbage, or other
objectionable waste.
B.
It shall be unlawful, when sewer and treatment facilities are available,
to discharge into any natural outlet within the Town, any wastewater,
industrial wastes, or other polluted waters, unless specifically permitted
by Town rules and regulations, and except where a New York State Pollutant
Discharge Elimination System (NYSPDES) permit has been duly issued
and is currently valid for such discharge. A valid copy of such a
permit and any modification thereof must be filed with the Administrator
for an exception under this section of this chapter.
C.
It shall be unlawful to construct or maintain any private sewage
disposal system to service any property which has access to the public
sewer system, unless specifically permitted by the Town of Porter
or as hereinafter provided. If application is made to the Administrator
for a temporary facility and if said applicant has heretofore obtained
the approval of the Niagara County Health Department, said Administrator
may consent to the usage of the same for a period not to exceed 180
days.
D.
Any structure used for human occupancy shall have toilet facilities
provided therein which meet the requirements of the applicable state
and local codes, laws and regulations. Any such structure located
upon property which has access to a public sanitary sewer shall have
such facilities connected to the said sewer in accordance with the
provisions of this chapter.
A.
Where a public sanitary sewer is not available under the provisions of § 145-5D, the building sewer shall be connected to an approved private sewage disposal system.
B.
At such time as a public sewer becomes available to a property served by a private sewage disposal system as provided in § 145-5D, a direct connection shall be made to the public sewer in compliance with this chapter, and any septic tanks, cesspools, or similar private sewage disposal facilities shall be abandoned for sanitary use by cleaning of sludge and filling with suitable material.
C.
The owner shall operate and maintain said private sewage disposal
facilities in a sanitary manner at all times, at no expense to the
Town.
D.
No statement contained in this section shall be construed so as to
interfere with any additional requirements that may be imposed by
the Niagara County Health Department or the Town of Porter.
E.
Grease, oil and sand interceptors.
[Added 3-23-2023 by L.L. No. 1-2023]
(1)
New and existing grease, oil, and sand interceptors shall comply
with the applicable provisions and requirements of the Uniform Code
set forth in Parts 1220 to 1228 of NYCCRR, Title 19, Section 1229-2.4,
and as follows:
(a)
Expected loads. All grease interceptors shall be designed to
withstand all expected earth, pedestrian, traffic, and other loads
as applicable. Openings in grease interceptors that provide access
to the grease interceptor shall have covers that are watertight and
secure, not capable of sliding, rotating, or flipping to expose the
opening, and be capable of withstanding all expected earth, pedestrian,
traffic, and other loads as applicable.
(b)
Preventing unauthorized access. Only authorized individuals
shall have access to grease interceptors. Access to the grease interceptor
shall be restricted by at least one of the following means:
[1]
Covers that can be removed only with tools;
[2]
Covers with a minimum weight of 66 pounds (30 kg);
[3]
Covers that have a keyed or combination locking device;
[4]
A permanent barrier, such as a fence or wall, that is not less
than 48 inches (1,219 mm) tall; has installed on any gates or doors
in the barrier a self-closing mechanism, a self-latching mechanism
with the latch release installed at a minimum of 54 inches (1,372
mm) from the finished floor or ground surface, and a keyed or combination
locking mechanism; completely surrounds all openings in grease interceptors
that provide access to the grease interceptor separating them from
all other purposes and uses other than for service, cleaning, or other
maintenance of the grease interceptor; and prevents unauthorized individuals
from accessing the covers; or
[5]
An approved alternative method of preventing unauthorized access.
(c)
Grease interceptor signage. Grease interceptors shall be provided
with a minimum of one approved sign. The Code Enforcement Official
shall have the authority to require additional signs as necessary
to ensure the warning is clearly visible and readable at all times
by persons who are in the vicinity of the grease interceptor. The
Code Enforcement Official may accept sign(s) designed in conformance
with a hazard alerting sign complying with the 2017 version of ANSI
Z535.2: American National Standard for Environmental and Facility
Safety Signs, with a warning hazard classification. Sign(s) shall
comply with the following:
[1]
The sign(s) shall be mounted in a conspicuous location in the
vicinity of any cover or covers that provide access to the grease
interceptor.
