A. 
This chapter sets forth uniform requirements for indirect contributors into the wastewater collection and treatment system for the City of Geneva and enables the City to comply with all applicable state and federal laws.
B. 
The objectives of this chapter are:
(1) 
To prevent the introduction into the municipal wastewater system of pollutants which will interfere with the operation of the system or contaminate the resulting sludge;
(2) 
To prevent the introduction of pollutants into the municipal wastewater system which will pass through the system, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the system;
(3) 
To improve the opportunity to recycle and reclaim wastewaters and sludges from the system; and
(4) 
To provide for equitable distribution of the cost of the municipal wastewater system.
C. 
This chapter provides for the regulation of indirect contributors to the municipal wastewater system through the issuance of permits to certain nondomestic users and through enforcement of general requirements for the other users, authorizes monitoring and enforcement activities, requires user reporting, assumes that existing customers' capacity will not be preempted, and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.
Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows:
ACT OR THE ACT
The Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
APPROVAL AUTHORITY
The Commissioner of the New York State Department of Environmental Conservation if New York State has an approved state pretreatment program and the Administrator of the EPA in a non-NPDES state or NPDES state without an approved state pretreatment program.
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER
An authorized representative of an industrial user shall be:
A. 
A principal executive officer of at least the level of Vice President, if the industrial user is a corporation.
B. 
A general partner or proprietor if it is a partnership or proprietorship, respectively.
C. 
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.
BEST MANAGEMENT PRACTICES (BMPS)
Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in 40 CFR 403.5(a)(1) and (b). BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
BOD or 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 milligrams per liter.
BUILDER
Any person, persons or corporation who undertakes to construct, either under contract or for resale within two years, any habitable building.
BUILDING DRAIN
The 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.
CITY
The City of Geneva, New York.
CITY ENGINEER or DIRECTOR OF THE DEPARTMENT OF PUBLIC WORKS
The professional engineer retained as City Engineer for the City of Geneva, or his authorized deputy or agent.
COMBINED SEWER
A sewer receiving both surface runoff and sewage.
CONTROL AUTHORITY
The approval authority, defined hereinabove; or the Director if the City has an approved pretreatment program under the provisions of 40 CFR 403.11.
COOLING WATER
The water discharged from any use, such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.
DEVELOPER
Any person, persons 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.
ENVIRONMENTAL PROTECTION AGENCY or EPA
The United States Environmental Protection Agency, or, where appropriate, the term may also be used as a designation for the Administrator or other duly authorized official of said agency.
GARBAGE
Solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.
GRAB SAMPLE
A sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time.
HOLDING TANK WASTE
Any waste from holding tanks, such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum-pump tank trucks.
INDIRECT DISCHARGE or DISCHARGE
The introduction of pollutants into a POTW from any nondomestic source regulated under Section 307(b), (c) or (d) of the Act.
INDUSTRIAL USER or USER
A source of indirect discharge.
INDUSTRIAL WASTES
The liquid wastes from industrial manufacturing processes, trade or business, as distinct from sanitary sewage.
INTERFERENCE
The inhibition or disruption of the POTW treatment processes or operations which contribute to a violation of any requirement of the City's NPDES permit. The term includes prevention of sewage sludge use or disposal by the POTW in accordance with Section 405 of the Act (33 U.S.C. § 1345) or any criteria, guidelines or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act, or more stringent state criteria (including those contained in any state sludge management plan prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed by the POTW.
NATIONAL CATEGORICAL PRETREATMENT STANDARDS or PRETREATMENT STANDARDS or CATEGORICAL STANDARD
Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. § 1317), which applies to a specific category of industrial users.
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 STANDARDS
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 SOURCE
Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act, which will be applicable to such source if such standards are thereafter promulgated in accordance with that section.
NYSDEC
The New York State Department of Environmental Conservation or duly authorized official of said Department.
PASS-THROUGH
The discharge of pollutants through the POTW into the receiving waters in quantities or concentrations which are a cause of, or significantly contribute to, a violation of any requirement of the POTW treatment plant SPDES permit, including an increase in the magnitude or duration of a violation.
PERSON
Any individual, firm, company, association, society, corporation or group.
pH
The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
POLLUTANT
Any substance not normally present or present in concentrations not normally found in aquatic systems, or that may be potentially toxic or otherwise objectionable.
POLLUTION
The man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water.
POTW TREATMENT PLANT or SEWAGE TREATMENT PLANT
That portion of the POTW designed to provide treatment to wastewater.
PRETREATMENT or 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 obtained by physical, chemical or biological processes or process changes 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.
PROPERLY SHREDDED GARBAGE
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.
PUBLIC SEWER
A sewer in which all owners of abutting properties have equal rights and which is controlled by public authority.
PUBLICLY OWNED TREATMENT WORKS (POTW) or SEWAGE WORKS
A treatment works as defined by Section 212 of the Act (33 U.S.C. § 1292), which is owned in this instance by the City. This definition includes any sewers that convey wastewater to the POTW treatment plant, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of this chapter, "POTW" shall also include any sewers that convey wastewaters to the POTW from persons outside the City, who are, by contract or agreement with the City, users of the City's POTW.
SANITARY SEWER
A sewer which carries sewage and to which stormwaters, surface waters and groundwaters are not intentionally admitted.
SEWAGE or WASTEWATER
A combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such groundwaters, surface waters and stormwaters as may be present.
SEWER
A pipe or conduit for carrying sewage.
SHALL, MAY
"Shall" is mandatory; "may" is permissive.
SIGNIFICANT INDUSTRIAL USER
A. 
Any discharger subject to a categorical pretreatment standard;
B. 
Any other industrial user that discharges an average of at least 25,000 GPD of process wastewater (excluding sanitary, noncontact cooling and boiler blow down wastewaters) to the publicly owned treatment works;
C. 
An industrial user that contributes process waste stream which is at least 5% of the average dry weather hydraulic capacity or organic capacity of the publicly owned treatment works; or
D. 
Any industrial user so designated by the publicly owned treatment works due to the reasonable potential for adversely affecting the publicly owned treatment works' operation or violating a pretreatment standard.
SIGNIFICANT NONCOMPLIANCE
Any violation that meets one or more of the following criteria:
A. 
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;
B. 
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, multiplied by the applicable TRC (TRC=1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH);
C. 
Any other violation of a pretreatment standard or requirement (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);
D. 
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;
E. 
Failure to meet, within 90 days after the scheduled date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance;
F. 
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;
G. 
Failure to accurately report noncompliance;
H. 
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.
SPDES
State Pollutant 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, or its most recent edition.
STATE
State of New York.
STORM DRAIN or STORM SEWER
A sewer which carries stormwaters and surface waters and drainage but excludes sewage and industrial wastes, other than unpolluted cooling water.
STORMWATER
Any flow occurring during or following any form of natural precipitation and resulting therefrom.
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.
TOXIC POLLUTANT
Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the United States Environmental Protection Agency under the provisions of Section 307(a) of the Clean Water Act, or other acts.
USER
Any person who contributes, causes or permits the contribution of wastewater into the City's POTW.
WASTEWATER CONTRIBUTION PERMIT or WASTEWATER DISCHARGE PERMIT
As set forth in § 277-47 of this chapter.
WATERCOURSE
A channel in which a flow of water occurs either continuously or intermittently.
WATERS OF THE STATE
All streams, lakes, ponds, marshes, watercourses, 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.
WWTF or WWTP
Wastewater treatment facility or wastewater treatment plant.