This chapter may and shall be cited as the "Town of Lewiston
Sewer Law."
The Town of Lewiston, in furtherance of the health, safety and
welfare of its citizens, and in furtherance of efforts to protect
and preserve the environment, has heretofore initiated the installation
of a sanitary sewer system throughout the Town. However, the effectiveness
of said sanitary sewer system is contingent on its proper utilization,
and 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 to ensure
its proper utilization and effectiveness of operation.
This chapter shall apply to all the territory within the confines
of the border of the Town of Lewiston, except any incorporated Village.
Unless the context specifically indicates otherwise, the meanings
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 Administrator of the wastewater facilities of the Town
of Lewiston or his duly authorized deputy, agent or representative.
Schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants, as defined in § 270-36 of this chapter, directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.
[Added 12-27-2007 by L.L. No. 4-2007]
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.
The measure of the biochemical oxygen demand content of wastewater
in parts per million (milligrams per liter).
Includes houses, structures, establishments or properties
used for human occupancy, employment, recreation or other purposes.
That part of the lowest horizontal piping of a drainage system
which receives discharge from sewerage, soil waste or other drainage
pipes inside 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 Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
[Added 12-27-2007 by L.L. No. 4-2007]
A sewer receiving both surface runoff and wastewater.
Any activity requiring authorization under the SPDES Permit
for Stormwater Discharges From Construction Activity, GP-02-01, as
amended or revised, including construction projects resulting in land
disturbance of one or more acres. Construction activities include
but are not limited to clearing and grubbing, grading, excavating,
and demolition.
[Added 12-27-2007 by L.L. No. 4-2007]
Water that is not stormwater, is contaminated with pollutants, as defined in § 270-36 of this chapter, and has been or will be discarded.
[Added 12-27-2007 by L.L. No. 4-2007]
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.
Any material, including any substance, waste, or combination
thereof, which because of its quantity, concentration, or physical,
chemical, or infectious characteristics may cause, or significantly
contribute to, a substantial present or potential hazard to human
health, safety, property, or the environment when improperly treated,
stored, transported, disposed of, or otherwise managed.
[Added 12-27-2007 by L.L. No. 4-2007]
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the MS4, including but
not limited to:
[Added 12-27-2007 by L.L. No. 4-2007]
Any conveyance which allows any non-stormwater discharge including
treated or untreated sewage, process contaminated water, and wash
water to enter the MS4 and any connection to the storm sewer system
from indoor drains and sinks, regardless of whether said drain or
connection had been previously allowed, permitted, or approved by
an authorized enforcement agency; or
Any drain or conveyance connected from a commercial or industrial
land use to the MS4 which has not been documented in plans, maps,
or equivalent records and approved by an authorized enforcement agency.
Any direct or indirect non-stormwater discharge to the MS4, except as exempted in § 270-39 of this chapter.
[Added 12-27-2007 by L.L. No. 4-2007]
Activities requiring the SPDES permit for Discharges From
Industrial Activities Except Construction, GP-98-03, as amended or
revised.
[Added 12-27-2007 by L.L. No. 4-2007]
A permit to deposit or discharge industrial waste into any
sanitary sewer in the Town.
The liquid wastes derived from industrial manufacturing processes,
trades, businesses and institutions, as distinct from sanitary wastewater.
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 stormwaters,
foundation drains, swimming pools, surface runoff, street wash water
or drainage. Inflow does not include, and is distinguished from, infiltration.
Inflow is purposely designed and/or built into the sewer drain.
The measurements, tests and analyses of the characteristics
of waters and wastes, in accordance with the methods contained in
the latest edition of Standard Method for Examination of Water and
Wastewater, a joint publication of the American Public Health Association,
the American Waterworks Association ana the Water Pollution Control
Federation (WPCF), or in accordance with any other method prescribed
by the Town by rules and regulations promulgated pursuant to this
chapter.
Water volume measured by a recording device approved by the
Administrator.
Municipal separate storm sewer system.
[Added 12-27-2007 by L.L. No. 4-2007]
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm sewers):
[Added 12-27-2007 by L.L. No. 4-2007]
Any outlet into a watercourse, pond, ditch, lake or other
body of surface or groundwater.
Any discharge to the MS4 that is not composed entirely of
stormwater.
[Added 12-27-2007 by L.L. No. 4-2007]
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 phosphorus (P) and which
is otherwise acceptable for the public sewer under the terms of this
chapter.
The New York State Department of Environmental Conservation.
[Added 12-27-2007 by L.L. No. 4-2007]
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 which constitute a nuisance.
Owner shall mean any individual, firm, company, association,
society, corporation, group or person having title to real property.
The total phosphorus determined under standard laboratory
procedures, expressed in milligrams per liter.
Any individual, firm, company, association, society or corporation,
including a municipal corporation 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.
A pollutant, as defined in § 270-36 of this chapter, identified as requiring control through the imposition of a TMDL or other strategy to attain and maintain water quality standards.
[Added 12-27-2007 by L.L. No. 4-2007]
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.
[Added 12-27-2007 by L.L. No. 4-2007]
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
[Added 12-27-2007 by L.L. No. 4-2007]
The reduction of the amount of pollutants, the elimination
of pollutants or the alteration of the nature of the pollutant properties
in wastewater to a less harmful state prior to discharging into a
publicly owned sewerage system. The reduction or alteration can be
obtained by physical, chemical or biological processes, process changes
or by other means, except as prohibited by 40 CFI 403.6, General Pretreatment
Regulations, for existing and new sources of pollution.
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.
Any additional rules and regulations adopted by the Town
Board of the Town of Lewiston.
A sewer which carries wastewater and to which storm-, surface
and ground waters are not intentionally admitted.
A pipe or conduit for carrying wastewater.
One in which any of the following are true:
All industries subject to categorical pretreatment standards
pursuant to Section 307 of the Clean Water Act.
Industries having substantial impact, either singly or in combination
with other contributing industries, on the operation of the treatment
works.
Manufacturing industries using substances of concern as defined
pursuant to Section 307 of the Clean Water Act.
Those industries discharging more than 25,000 gallons per day
(GPD) of process wastes.
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 flow during normal operation.
[Added 12-27-2007 by L.L. No. 4-2007]
Discharge compliance with water quality standards: the condition
that applies where the Town has been notified that the discharge of
stormwater authorized under their MS4 permit may have caused or has
the reasonable potential to cause or contribute to the violation of
an applicable water quality standard. Under this condition, the Town
must take all necessary actions to ensure future discharges do not
cause or contribute to a violation of water quality standards.
303(d) listed waters: the condition in the Town's MS4 permit
that applies where the MS4 discharges to a 303(d) listed water. Under
this condition, the stormwater management program must ensure no increase
of the listed pollutant of concern to the 303(d) listed water.
Total maximum daily load (TMDL) strategy: the condition in the
Town's MS4 permit where a TMDL including requirements for control
of stormwater discharges has been approved by EPA for a waterbody
or watershed into which the MS4 discharges. If the discharge from
the MS4 did not meet the TMDL stormwater allocations prior to September
10, 2003, the Town was required to modify its stormwater management
program to ensure that reduction of the pollutant of concern specified
in the TMDL is achieved.
The condition in the Town's MS4 permit that applies if a TMDL
is approved in the future by EPA for any waterbody or watershed into
which an MS4 discharges: Under this condition, the Town must review
the applicable TMDL to see if it includes requirements for control
of stormwater discharges. If an MS4 is not meeting the TMDL stormwater
allocations, the Town must, within six months of the TMDL's approval,
modify its stormwater management program to ensure that reduction
of the pollutant of concern specified in the TMDL is achieved.
The measure of the suspended scuds content of wastewater
in parts per million (milligrams per liter).
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 Pollution Control Federation.
A permit issued by NYSDEC that authorizes the discharge of pollutants, as defined in § 270-36 of this chapter, to waters of the state.
[Added 12-27-2007 by L.L. No. 4-2007]
A sewer which carries storm- and surface waters and drainage,
but excludes wastewater and industrial wastes other than unpolluted
cooling water.
Rainwater, surface runoff, snowmelt and drainage.
[Added 12-27-2007 by L.L. No. 4-2007]
An employee or officer of the Town of Lewiston appointed
by the Town Board to enforce this section. The SMO shall, within the
time prescribed by law, obtain such basic training, in-service training,
advanced in-service training and other training as the State of New
York shall require for Code enforcement personnel.
[Added 12-27-2007 by L.L. No. 4-2007]
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
plants, 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.
A list of all surface waters in the state for which beneficial
uses of the water (drinking, recreation, aquatic habitat, and industrial
use) are impaired by pollutants, prepared periodically by NYSDEC as
required by Section 303(d) of the Act. 303(d) listed waters are estuaries,
lakes and streams that fall short of state surface water quality standards
and are not expected to improve within the next two years.
[Added 12-27-2007 by L.L. No. 4-2007]
Total maximum daily load.
[Added 12-27-2007 by L.L. No. 4-2007]
The maximum amount of a pollutant, as defined in § 270-36 of this chapter, to be allowed to be released into a waterbody so as not to impair uses of the water allocated among the sources of that pollutant.
[Added 12-27-2007 by L.L. No. 4-2007]
The Town of Lewiston, elected Town Board or authorized representative
of the Town of Lewiston, New York.
Any water or liquid containing none of the following: phenols
or other substances to an extent impairing taste or odor in receiving
waters; toxic or poisonous substances in suspension, colloidal 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.
The portion of the total wastewater service charge which
is levied in a proportional and adequate manner for the cost of operation,
maintenance and replacement of the wastewater facilities.
A recording device to measure wastewater flow volume approved
by the Administrator.
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, or in any area under jurisdiction of the Town; any
human or animal excrement, garbage or other objectionable waste.
B.
It shall be unlawful, when sewer and/or treatment facilities are
available, to discharge any wastewater, industrial wastes or other
polluted waters into any natural outlet within the Town, unless specifically
permitted by Town rules and regulations and except where a New York
State Pollutant Discharge Elimination Systems (SPDES) 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 privy, privy unit,
septic tank, cesspool or other facility intended to be used or used
for the disposal of wastewater unless specifically permitted by the
Town of Lewiston or as hereinafter provided. If application is made
to the Administrator for a temporary-type toilet 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 temporary period not to exceed 180 days.
D.
Any property owner with any building being used as a dwelling situated
within the Town on property abutting on any street, alley or right-of-way
in which there is now located or may in the future be located a public
sanitary sewer of the Town is hereby required, at his expense, to
install suitable toilet facilities therein and to connect such facilities
directly with the proper public sewer in accordance with the provisions
of this chapter.
E.
All property owners of houses or any other structure containing toilet
facilities therein, within any sewer improvement area or district,
shall connect to the public sewer system if at any point such public
sewer extends upon or meets the property or a private drive to such
property.
F.
Use of separate storm sewers and sanitary sewers is mandatory for
all future construction in the Town and all other contributing municipalities.
Construction of combined sewers will not be allowed.
G.
It shall be unlawful to discharge into the public sewer system directly or indirectly, or otherwise transport or convey to the Town of Lewiston in the publicly owned treatment works, any industrial wastewater from the operation of any hazardous waste treatment, storage and disposal facility or facilities which is or are subject to 6 NYCRR (New York Code of Rules and Regulations) Part 373. In no event shall an industrial waste permit as set forth in § 270-9 of this chapter be allowed.
[Added 12-14-2009 by L.L. No. 4-2009]
A.
Where a public sanitary sewer is not available under the provisions
of the above section, 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 for in the above section,
a direct connection shall be made within 60 days 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 them of sludge and filling them with a suitable
material.
C.
The owner shall at all times operate and maintain said private sewage
disposal facilities in a sanitary manner and 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, New York State Department of
Environmental Conservation or the Town of Lewiston.
E.
Before commencement of construction of a private sewage disposal
system, the owner shall first obtain a written permit and approval
of the Administrator and the Niagara County Health Department. The
application of such permit shall be made on a form furnished by the
Town, which the applicant shall supplement by any plans, specifications
and other information as are deemed necessary by the Administrator.
A permit and inspection fee may be assessed by the Town at the time
of the application.
F.
A permit for a private sewage disposal system shall not become effective
until the installation is completed to the satisfaction of the Administrator.
The Administrator shall be allowed to inspect the work at any stage
of construction and, in any event, the applicant for the permit shall
notify the Administrator when the work is ready for final inspection
and before any underground portions are covered.
G.
The type, capacities, location and layout of a private sewage disposal
system shall comply with all recommendations of the Department of
Health of New York State. No permit shall be issued for any private
sewage system employing subsurface absorption facilities where the
area of the lot is less than 5,000 square feet. No septic system or
cesspool shall be permitted to discharge to any natural outlet.
