For brevity and ease of communication, this law may be cited as the "Town of Colonie Sewer Use Law."
The general purpose of this chapter is to provide for efficient, economic, environmentally safe and legal operation of the Town of Colonie sewerage system. Specific purposes of this chapter include the following:
A. 
To prohibit excessive volumes and/or inordinate rates of flow of sewage and wastes into the Town and/or County sewerage system.
B. 
To prohibit the contribution of sewage, industrial wastes or other wastes of a flammable nature or which create in any way a poisonous or hazardous environment for sewerage maintenance and operation personnel.
C. 
To prohibit the contribution of sewage, industrial wastes or other wastes which may cause maintenance difficulties in the lateral and trunk sewers, force mains, pumping stations, sewage regulators and other structures and appurtenances of the Town and/or County sewerage system.
D. 
To prohibit the contribution of sewage, industrial wastes or other wastes, which may create operating difficulties at the Town or County water pollution control plants as they may be constructed, modified or improved in the future.
E. 
To prohibit and/or to regulate the contribution of sewage, industrial wastes or other wastes which require, for treatment at the plants, greater expenditures than are required for equal volumes of normal sewage.
F. 
To require the treatment, before introduction into the Town sewers, of such wastes as may otherwise reduce or compromise the strength and/or durability of the structures and/or equipment appurtenant to the sewer system, by direct or indirect chemical action, or interfere with the normal treatment processes.
G. 
To provide cooperation with the Albany County Water Purification District, the Albany County Department of Health, the New York State Department of Environmental Conservation, the United States Environmental Protection Agency, and any other agencies which have requirements or jurisdiction for the protection of the physical, chemical and bacteriological quality of watercourses within or bounding the County.
H. 
To protect the public health, the environment, and to prevent nuisances.
A. 
Definitions. Unless the context specifically indicates otherwise, the meaning of terms used in these rules and regulations shall be as follows:
AUTHORIZED REPRESENTATIVE
An authorized representative of a user is defined to be:
(1) 
If the user is a corporation:
(a) 
The president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision-making functions of the corporation.
(b) 
The manager of one or more manufacturing, production, or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
(2) 
A general partner or proprietor, if the user is a partnership or proprietorship.
(3) 
A director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, if the user is a federal, state, or local government facility.
(4) 
A duly authorized representative of the individuals designated above if the authorization is in writing, the designated representative is responsible for the overall operation of the facility from which the wastewater discharge originates or has overall responsibility for environmental matters for the company, and, the written authorization is submitted to the Town.
(5) 
For the purposes of obtaining a sewer connection or sewer modification permit, an authorized representative shall be:
(a) 
The owner of the property.
(b) 
An agent authorized by the property owner to perform the work indicated on the permit application.
BOD5 (denoting "five-day 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. (68° F.) expressed in milligrams per liter (mg/l). Measurement shall be as set forth in the latest edition of Standard Methods for the Examination of Water and Wastewater.
BUILDING DEPARTMENT
The Building Department of the Town of Colonie.
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.
BUILDING SEWER
The extension from the building drain to the public sewer or other place of disposal beginning 30 inches outside the building wall.
CATEGORICAL PRETREATMENT STANDARD
Any regulation containing pollutant discharge limits promulgated by the USEPA in accordance with Section 307(B) and (C) of the Clean Water Act (22 U.S.C. § 1347), which applies to a specific category of industrial users.
CHLORINE DEMAND
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 twenty-minute contact period at room temperature.
COMMISSION
The Board of Commissioners appointed by the Albany County Water Purification District.
COMMISSIONER
The Commissioner of Public Works of the Town of Colonie.
COOLING WATER
The water discharges from any system of condensation, air conditioning, cooling, refrigeration or other sources. Cooling water shall contain no polluting substances which would produce BOD5 or suspended solids in excess of 10 parts per million by weight or toxic substances as limited elsewhere herein.
COUNTY
The County of Albany.
COUNTY SEWER DISTRICT
Any county sanitary sewer district as created, altered or modified by action of the Albany County Legislature.
COUNTY SEWERAGE SYSTEM
The trunk sewers, force mains, pumping stations, sewage regulators, water pollution control plants (sewage treatment plants) and other appurtenant structures owned and operated by the Albany County Water Purification District.
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
The New York State Department of Environmental Conservation (NYSDEC).
DEPARTMENT OF HEALTH
The Albany County Department of Health (ACDOH).
DILUTION
The process of decreasing the concentration of a substance in a solution or mixture through the introduction of additional solvent or other substance.
DIRECTOR
The Executive Director of the Albany County Water Purification District.
ENVIRONMENTAL PROTECTION AGENCY
The United States Environmental Protection Agency (USEPA).
FOOD WASTES
Organic waste from the domestic and commercial preparation, cooking, and dispensing of food and from the handling and storage and sale of produce.
GARBAGE
All refuse other than industrial wastes or effluents.
HEALTH OFFICER
The duly appointed Commissioner of Health of Albany County.
INDUSTRIAL USER
Any user who discharges waste from an industrial manufacturing process as distinct from sanitary sewage.
INDUSTRIAL WASTES
The liquid wastes from industrial manufacturing processes, trade or business as distinct from sanitary sewage.
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.
INTERFERENCE
The inhibition or disruption of the operation of the Town or County sewerage system or water pollution control plant that causes alone, or in conjunction with discharges by other sources, a violation of any requirement of the Town's or County's SPDES discharge permit (including an increase in the magnitude or duration of a violation) or which prevents sewage sludge use or disposal in compliance with the following statutory provisions and regulation or permits issued thereunder (or more stringent state or local regulations): Section 405 of the Clean Water Act[1]; the Solid Waste Disposal Act (SWDA),[2] including Title II, more commonly referred to as the Resource Conservation and Recovery ACT (RCRA), including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA; the Clean Air Act (CAA)[3]; the Toxic Substances Control Act (TSCA)[4]; and the Marine Protection, Research, and Sanctuaries Act.[5]
LATERAL CONTRACTOR
All those persons who accomplish the installation of building sewers.
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater.
NORMAL SEWAGE
Sewage, industrial wastes or other wastes, which, when analyzed, show by weight the following characteristics:
(1) 
Five-day biochemical oxygen demand (BOD5): 2,090 pounds per million gallons (250 milligrams per liter) or less.
(2) 
Chlorine demand: 209 pounds per million gallons (25 milligrams per liter) or less.
(3) 
Total suspended solids (TSS): 2,500 pounds per million gallons (300 milligrams per liter) or less.
(4) 
Total phosphorus: 125 pounds per million gallons (15 milligrams per liter) or less.
(5) 
Total ammonia: 250 pounds per million gallons (30 milligrams per liter) or less.
(6) 
Total kjeldahl nitrogen (TKN): 417 pounds per million gallons (50 milligrams per liter) or less.
(7) 
Chemical oxygen demand (COD): 2,920 pounds per million gallons (350 milligrams per liter) or less.
(8) 
Oil and grease: 830 pounds per million gallons (100 milligrams per liter) or less.
OTHER WASTES
Garbage (shredded or unshredded), refuse, wood, eggshells, coffee grounds, sawdust, shavings, bark, sand, lime, cinder, ashes and all other discarded matter not normally present in sewage or industrial wastes.
PASS THROUGH
Any user's discharge that causes or contributes to a violation of any requirement of the SPDES discharge permit issued to the Town or County, including an increase in the magnitude or duration of a violation.
PERSON
Any individual, firm, company, association, society, corporation or group.
pH
The negative logarithm of the hydrogen ion concentration in moles per liter. It indicates the intensity of acidity and alkalinity of the pH scale running from 0.0 to 14.0. A pH value of 7.0, the midpoint of the scale, represents neutrality. Values above 7.0 represent alkaline conditions and those below 7.0 represent acid conditions.
PRETREATMENT STANDARD
Any federal categorical pretreatment standard or prohibited discharge standard.
PROPERLY SHREDDED FOOD WASTE
Food waste that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in the public sewer to which it is discharged, with no particle having a dimension greater than 1/2 inch in any dimension.
PUBLIC SEWER
A sewer controlled by a public body.
RECEIVING WATERS
A natural watercourse or body of water into which treated or untreated sewage is discharged.
SANITARY SEWAGE
Sewage discharging from the sanitary conveniences of dwellings, including apartment houses and hotels, office buildings, factories or institutions and free from stormwater, cooling water, surface water, industrial wastes and other wastes.
SANITARY SEWER
A sewer which carries sewage and to which stormwater, surface water and groundwater are not intentionally admitted.
SEWAGE
A combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such groundwater, surface and stormwater as may be inadvertently present. The admixture of "sewage," as above defined, with industrial wastes or other wastes also shall be considered "sewage" within the meaning of this definition.
SEWAGE SURCHARGE
The demand payment for the use of the County sewerage system and/or Town sewerage system for handling the 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.
SEWER
A pipe or conduit for carrying sewage.
SEWER DISTRICT
The Town of Colonie sewer improvement area as created, altered or modified by action of the Town Board of the Town of Colonie.
SEWERAGE SYSTEM
All facilities for collecting, regulating, pumping, and transporting wastewater to and away from the Town and/or County wastewater treatment plants.
SIGNIFICANT INDUSTRIAL USER (SIU)
Any user of the Town of Colonie sewerage system that meets any one or more of the following criteria:
(1) 
Is subject to national categorical pretreatment standards promulgated by the USEPA under 40 CFR § 403.6 and 40 CFR Chapter I, Subchapter N.
(2) 
Discharges an average of 25,000 gallons per day, or more, of process wastewater (excluding sanitary wastewater, noncontact cooling water, and boiler blowdown) to the Town sewerage system.
(3) 
Contributes a discharge that makes up 5% or more of the dry weather hydraulic or organic capacity of the Town or County water pollution control plant.
(4) 
Contributes a discharge which, in the opinion of the Superintendent or the Director, has a reasonable potential for adversely affecting the operation of the Town or County sewerage system or for violating any pretreatment standard or requirement.
SLUG
A substantial deviation from normal rates of discharge or constituent concentration of sufficient magnitude to cause interference. Any discharge of water, sewage or industrial waste which in concentration of 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.
STORM SEWER (STORM DRAIN)
A sewer which carries stormwater and surface water and drainage, but excludes sewage and industrial wastes other than cooling waters and other unpolluted waters.
SUPERINTENDENT
The Superintendent, or authorized deputy, agent, or representative, of the Town of Colonie Department of Public Works Division of Pure Waters.
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 flotation, skimming and sedimentation. Measurement shall be as set forth in the latest edition of Standard Methods for the Examination of Water and Wastewater.
TOWN
The Town of Colonie and the lands contained therein.
TOWN BOARD
The legally constituted Town Board of the Town of Colonie.
TOWN SEWERAGE SYSTEM
The trunk sewers, force mains, pumping stations, sewage regulators, water pollution control plants (sewage treatment plants) and other appurtenant structures owned and operated by the Town of Colonie.
TOXIC SUBSTANCES
Any substance, whether gaseous, liquid or solid, which, when discharged to a public sewer in sufficient quantities, may be hazardous to sewerage maintenance or operation personnel, tend to interfere with any biological sewage treatment process or constitute a hazard to human beings or animals or inhibit aquatic life or create a hazard to recreation in the receiving waters of the effluent from a sewage treatment plant.
USER
Any person who contributes, causes, or permits the discharge of wastewater to the Town sewerage system.
WATER POLLUTION CONTROL PLANT
Any arrangement of devices and structures used for treating sewage.
[1]
Editor's Note: See 33 U.S.C. § 1251 et seq.
[2]
Editor's Note: See 42 U.S.C. § 6901 et seq.
[3]
Editor's Note: See 42 U.S.C. § 7401 et seq.
[4]
Editor's Note: See 15 U.S.C. § 2601 et seq.
[5]
Editor's Note: See 33 U.S.C. §§ 1401 through 1445.
B. 
Word usage. "Shall" is mandatory; "may" is permissive.
C. 
Undefined terms. Terms not defined in this article, or terms found to be ambiguous or improperly defined in this article shall be defined as noted in the Clean Water Act or regulations promulgated pursuant thereto.
The following abbreviations shall have the designated meanings:
ANSI
American National Standards Institute.
ASTM
American Society for Testing and Materials.
AWWA
American Water Works Association.
BOD
Biochemical oxygen demand.
BOD5
Five-day biochemical oxygen demand.
CFR
Code of Federal Regulations.
L
Liter.
mg
Milligram.
mg/L
Milligrams per liter.
ng/L
Nanograms per liter.
NYSDEC
New York State Department of Environmental Conservation.
NYSDOH
New York State Department of Health.
POTW
Publicly owned treatment works.
SIU
Significant industrial user.
SPCC
Spill prevention, control and countermeasure.
SPDES
State Pollutant Discharge Elimination System.
TSS
Total suspended solids.
USC
United States Code of Laws.
USEPA
United States Environmental Protection Agency.
A. 
Human or animal excrement, garbage, or other objectionable waste shall not be placed or deposited in unsanitary manner on public or private property within the Town of Colonie.
B. 
The discharge of sewage or other polluted wastes to any natural outlet within the Town of Colonie or in any area under the Town's jurisdiction is prohibited, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.
C. 
Except as hereinafter provided, the construction, operation, or maintenance of any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage is prohibited.
D. 
No unauthorized person shall maliciously, intentionally or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment or insert any cleaning device, snake, jet hose, rodder into a sewer controlled by the Town or open any manhole cover, pump station, or otherwise trespass upon any facility which is a part of the Town of Colonie sewerage system.
The owners of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes situated within the Town and 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 or combined sewer of the Town is hereby required at their 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 within 90 days after the date of official notice to do so, unless otherwise directed by the Superintendent, provided that said public sewer is within 100 feet of the property line and all property is under the control of the property owner and/or the Town, county, or state.