[HISTORY: Adopted by the Town Board of the Town of Lockport 2-5-1992. Amendments noted where applicable.]
This chapter regulates the use of public and private sewers, private sewage disposal, the installation and connection of building sewers, and the discharge of waters and waste into the public sewer systems of the Sewer Districts of the Town of Lockport, hereinafter referred to as the “Town.” This chapter also provides for the necessary procedures for the Town to monitor compliance and to bring violators into compliance.
This chapter sets forth uniform requirements for contributors into the wastewater collection and treatment system for the Town and enables the Town to comply with all applicable state and federal laws required by the Clean Water Act of 1977 and the General Pretreatment Regulations (Part 403 of Title 40 of the Code of Federal Regulations).
This chapter provides for the regulation of contributors to the POTW through the issuance of wastewater discharge permits to certain nondomestic users and through enforcement of general requirements for all 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.
Except as otherwise provided herein, the Superintendent of the Town shall administer, implement and enforce the provisions of this chapter.
[Amended 4-8-2015 by L.L. No. 2-2015]
The specific objectives of this chapter include:
To prevent the introduction of pollutants into the POTW which will interfere with the operation of the POTW or contaminate the resulting sludge;
To prevent the introduction of pollutants into the POTW which will pass through the POTW into receiving waters or the atmosphere or otherwise be incompatible with the POTW;
To improve and/or ensure the opportunity to recycle and reclaim wastewaters and sludges from the POTW; and
To provide for equitable distribution of the cost of the POTW.
Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows. The word "shall" is mandatory; "may" is permissive.
- APPROVAL AUTHORITY
- The Commissioner of the New York Department of Environmental Conservation, Commissioner of Health, Niagara County Health Department, Superintendent of Districts and POTWs.
- AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER
- An authorized representative of an industrial user may 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 the industrial user 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.
- BIOCHEMICAL OXYGEN DEMAND (BOD)
- The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20º C., expressed in milligrams per liter.
- BUILDING DRAIN
- That part of the lowest horizontal piping of a drainage system which receives discharge from 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 STANDARDS
- National categorical pretreatment standards or pretreatment standard.
- Code of Federal Regulations.
- CONTROL AUTHORITY
- Refers to the approval authority previously defined or the Superintendent of the City of Lockport Wastewater Treatment Facility or Niagara County Sewer District No. 1, respectively.
- COOLING WATER
- The water discharged from any use, such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.
- DRAINAGE WATER
- Stormwater, surface water, or groundwater which is or has been conveyed from its original source.
- ENVIRONMENTAL PROTECTION AGENCY or EPA
- The United States Environmental Protection Agency or other duly authorized official of said agency.
- EXCESS FLOW
- Refers to water other than wastewater entering a sewage system, including sewage service connections. Excess flow shall include but not be limited to infiltration and inflow.
- Solid wastes from the preparation, cooking and dispensing of food and from the handling, storage and sale of produce.
- GRINDER PUMP UNIT
- Refers to the individual on-site sewerage pump system, including electrical controls, interior or exterior below-grade pump tank and grinder-type pump, suitable to accept wastewater flows and discharge directly to a gravity system or small-diameter pressure sewer system.
- Water within the earth.
- INDIRECT DISCHARGE
- The discharge or the introduction of nondomestic pollutants from any source regulated under Section 307(b) or (c) of the Act (33 U.S.C. § 1317) into the POTW (including holding tank waste discharged into the system).
- INDUSTRIAL WASTES
- The liquid wastes from industrial processes as distinct from sanitary sewage.
- Water other than wastewater that enters a sewerage system (including sewer service connections) from sources such as roof leaders, cellar drains, yard drains, area drains, foundation drains, drains from springs and swampy areas, manhole covers, cross-connections between storm sewers and sanitary sewers, catch basins, cooling towers, stormwaters, surface runoff, street wash waters, or drainage. Inflow does not include and is distinguished from infiltration.
- The inhibition or disruption of the POTW treatment processes or operations which contributes to a violation of any requirement of the City's SPDES permit or Niagara County Sewer District No. 1 SPDES permit. The term includes restriction of sewage sludge use or disposal by the POTW in accordance with all applicable state or federal guidelines and regulations.
- LABORATORY DETERMINATION
- The measurements, tests and analyses of the characteristics of waters and wastes in accordance with the methods contained in the latest edition, at the time of any such measurement, test or analysis, 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 Environment Federation (formerly the Water Pollution Control Federation), or in accordance with any other method prescribed by the Supervisor by rules and regulations promulgated pursuant to this chapter.
- Milligrams per liter.
- NATIONAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARD
- Any regulations containing pollutant discharge limits promulgated by the USEPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. § 1317) which apply to specific categories of industries as determined by the industry's standard industrial classification code.
- NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
- The federal system through which permits are issued to regulate discharge into navigable waters from all point sources of pollution, including industries and municipal wastewater treatment plants.
- NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE STANDARD
- Any regulations 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.
- Niagara County Sewer District No. 1.
- NEW SOURCE
- Any wastewater contribution to the POTW, the construction of which is commenced after the adoption of this chapter or the publication of national categorical pretreatment standards which will be applicable to such contribution.
- NPDES PERMIT
- The National Pollutant Discharge Elimination System permit issued pursuant to Section 402 of the Act.
- NPDES STATE
- A state which has a USEPA approved NPDES permit program.
- New York State Department of Environmental Conservation or other duly authorized official of said Department.
- The owner or owners 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.
- Any individual, firm, company, association, society, corporation or group.
- The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in moles per liter of solution.
- Any substance which may not normally be present in natural water or a substance which may be potentially toxic or otherwise objectionable. This includes but is not limited to any dredged soil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, and industrial, municipal and agricultural waste discharged into water.
- The man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.
- Publicly owned treatment works.
- POTW TREATMENT PLANT
- That portion of the POTW designed to provide treatment (including recycling and reclamation of municipal sewage and industrial waste).
- PRESSURE SEWER
- Any pipe or conduit for carrying sewage under pressure and without intermediate openings to the atmosphere.
- PRETREATMENT or TREATMENT
- The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature 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.
- PRETREATMENT REQUIREMENTS
- Any substantive or procedural requirement related to pretreatment, other than a national categorical pretreatment standard imposed on an industrial user.
- PROPERLY OPERATING SEPTIC SYSTEM
- A septic system that meets the Health and Sanitation Code of the County of Niagara and Health Department standards of the State of New York.
- PROPERLY SHREDDED GARBAGE
- The wastes from the preparation, cooking and dispensing of food that have 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.
- PUBLICLY OWNED TREATMENT WORKS (POTW)
- As defined by Section 212 of the Act (33 U.S.C. § 1292) and owned, in this instance, by the City and Town of Lockport and Niagara County Sewer District No. 1 (NCSD No. 1). This definition includes any publicly owned devices and systems which are used in the transportation, storage, treatment, recycling and reclamation of municipal or industrial wastes of a liquid nature, including wastewater treatment sludges, to or at the POTW treatment plant.
- PUBLIC SEWER
- A sewer in which all owners of abutting properties have equal rights and which is controlled by public authority.
- RULES AND REGULATIONS
- Any additional rules and regulations adopted by the Town of Lockport.
- SANITARY SEWER
- A sewer which was intentionally designed to carry sewage and to which stormwater, surface water and groundwaters were not intentionally designed to be admitted.
- A combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such groundwaters as may be present.
- SEWAGE TREATMENT PLANT
- Any arrangement of devices and structures used for treating sewage.
- SEWAGE WORKS
- All facilities for collecting, pumping, treating and disposing of sewage.
- A pipe or conduit for carrying sewage.
- Standard Industrial Classification.
- SIGNIFICANT INDUSTRIAL USER
- Any industry using the Town's POTW which:
- A. Is subject to promulgated categorical pretreatment standards.
- B. Has substantial impact on the operation of the POTW, either singly or in combination with other contributing industries.
- C. Is a manufacturing industry using, on an annual basis, more than 10,000 pounds or 1,000 gallons of raw material containing priority pollutants/substances of concern and discharging a measurable amount of these pollutants to the sewer system from the process using these pollutants.
- D. Discharges more than 5% of the flow or load carried by the treatment plant receiving the waste.
- 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.
- State of New York.
- STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM (SPDES)
- The state system through which permits are issued to regulate discharge into navigable waters from all point sources of pollution, including industries and municipal wastewater treatment plants, as specified in Parts 750 through 757, Chapter X, Division of Water Resources, Title 6, Official Compilation of Codes, Rules and Regulations, effective August 29, 1975, as amended.
- STORM SEWER and STORM DRAIN
- A sewer which carries storm- and surface waters and drainage but excludes sewage and polluted industrial wastes.
- Excess water which is derived from precipitation. This would include surface runoff.
- The Superintendent of the Town of Lockport, New York, Sewer
Department, or person holding an equivalent position.[Amended 12-3-2003 by L.L. No. 6-2003]
- The Supervisor of the Town of Lockport, New York.
- SURFACE WATER
- Any water produced naturally or otherwise which is on the ground surface.
- 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.
- The Town of Lockport, New York.
- TOXIC POLLUTANT
- Any pollutant or combination 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, is 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 Section 307(a) of the Clean Water Act.
- See "Environmental Protection Agency."
- Any person who contributes, causes or permits the contribution of wastewater into the City's POTW.
- The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, together with any groundwater, surface water, stormwater or drainage that may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW.
- WASTEWATER CONTRIBUTION PERMIT
- A permit issued jointly by the City or NCSD No. 1 and Town of Lockport to an industry which allows for its discharge to the public sewer system.
- WASTEWATER DISCHARGE PERMIT
- A permit issued by the City or NCSD No. 1 specifying the provisions and requirements for the user to discharge wastewater to the POTW.
- 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.
It shall be unlawful for any person to place, deposit or permit to be deposited in an unsanitary manner upon public or private property within the Town, or in any area under the jurisdiction of said Town, any human excrement, garbage, or other objectionable waste.
It shall be unlawful, when sewer and/or treatment facilities are available, to discharge to any natural outlet within the Town, or in any area under the jurisdiction of said Town, any sanitary sewage, industrial wastes, or other polluted waters.
It shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage, unless specifically permitted by the Niagara County Health Department or as hereinafter provided.
The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purpose 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 sewer of the Town is hereby required, at the owner's expense, to install suitable sewage 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 date of written notice.
After construction of a public sewer there shall be a tap-in charge for each connection made thereto. The Town Board may adjust this charge annually within its Town budget.
Rates for sewer rents.
[Amended 12-17-2008 by L.L. No. 6-2008]
Definitions. As used in this subsection, the following terms shall have the following meanings:
- SEWER RENT
- The charge for sewer use established in this chapter other than ad valorem charges.
- The basis for establishing sewer rent for service by the sewer system. Single-family residences shall be one unit; multiple-family residences shall have as many units as there are separate dwelling apartments or separately rented spaces; each separate business in a commercial building shall be a separate unit; each separate industrial use in an industrial building shall be a separate unit; each mobile home in a mobile home park shall be a separate unit.
- WATER CONSUMPTION
- The gallonage as reflected on the quarterly water billing for the same billing period as the sewer billing.
Sewer rents shall constitute a lien upon the real property served by the sewer system pursuant to Article 14-F of the General Municipal Law. Sewer rents will be billed quarterly, which bill will provide that if not paid within 30 days of the date of said bill a penalty in the amount of 10% will be added.
Any unpaid bills shall be presented in the form of a notice of lien to the Niagara County Legislature on or before November 1 of any year, which Board shall levy the amounts contained in such statement against the real property liable at the same time and in the same manner as county or Town taxes. Said amount shall be set forth in a separate column in the annual tax rolls. The amount so levied, including penalty, shall be collected and enforced in the same manner and at the same time as may be provided by law for the collection and enforcement of county and Town taxes.
Sewer rents shall become due and payable 30 days after billing as above provided.
Residential rates: $30 per quarter, per unit, plus $1 per quarter for each 1,000 gallons used in excess of 15,000 gallons per unit, except for multiple residences with more than four units which shall be $20 per quarter, per unit, plus $1 per quarter for each 1,000 gallons used in excess of 15,000 gallons per unit.
Commercial and industrial rates: $30 per quarter, per unit, plus $3 per quarter for each 1,000 gallons used in excess of 18,000 gallons per unit for the next 100,000 gallons, plus $1.50 per 1,000 gallons, per unit, over 118,000 gallons.
Industrial rates for users, per unit, of over 1,000,000 gallons per quarter shall be $0.87 per 1,000 gallons per unit.
Mobile home rates: $10 per month, per unit, billed monthly, plus $1 per month for each 1,000 gallons in excess of 5,000 gallons per unit per month.
Ad valorem charges for sewer service within each of the sewer districts shall be based upon ad valorem sewer charges for both direct and indirect users, which charges will be established by the Town Board within its annual Town budget and will be assessed pursuant to the Town Law of the State of New York.
[Amended 12-17-2008 by L.L. No. 6-2008]
From time to time the Town Board shall determine the tap-in charge and sewer rent by simple resolution of the Board. The current rate for the aforementioned charges is on file in the Town Clerk's office.
[Amended 12-3-2003 by L.L. No. 6-2003]
No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the Niagara County Health Department.
Where a public sanitary sewer is not available under the provisions of § 150-4D, the building sewer shall be connected to an approved private sewage disposal system. The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the Town. At such time as a public sewer becomes available to a property served by a private sewage disposal system as provided in § 150-4D, a direct connection shall be made to the public sewer in compliance with this chapter, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned.
Abandonment procedures shall consist of the following:
Remove and dispose of sewage from the septic tank, cesspool or other similar facility. Disposal shall be in an approved manner by a permitted hauler.
Remove or demolish the lid of the septic tank.
Backfill septic tank or cesspool with granular material free of clay, large boulders, tree stumps and vegetation.
Restore surface to original condition.
These regulations shall apply to all sewer connection work to either gravity sewers or low-pressure sewers, including the grinder pump stations hereinafter installed in the Town of Lockport for the disposal of sanitary sewage and house wastes through the public sewers.
Written permit. No person shall uncover, make any connection with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Superintendent.
Building sewer permit classes. There shall be two classes of building sewer permits, sanitary sewage service and service to establishments discharging industrial wastes. In either case, the owner or his agent shall make application in such manner as the Town shall prescribe. The application shall describe the quantity and character of the waste to be discharged to the public sewer. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Superintendent in accordance with § 150-9 of this chapter.
Establishments discharging industrial wastes shall also comply with federal regulations defined by Part 403 of Title 40 of the Code of Federal Regulations or other applicable federal regulations promulgated by the United States Environmental Protection Agency in accordance with Section 207 of the Federal Water Pollution Control Act, Amendments of 1972, and regulations promulgated hereunder by the Town. Compliance with these regulations shall be demonstrated by the applicant prior to approval of the permit application by the Town.
Editor's Note: See 33 U.S.C. § 1287.
The permit application, upon approval of the Town, shall constitute a permit and shall remain valid and in effect except that it shall automatically terminate upon the happening of any of the following:
The applicant changes the quantity or character of the wastes as described in the application;
The applicant fails to meet the requirements of this chapter, including but not limited to § 150-8;
The conditions of the POTW under which the Town accepted the permit application change to such a degree that the POTW cannot meet state and federal requirements imposed upon the Town; or
The expiration of a period of three years from the issuance for major industrial users as defined by Part 403 of Title 40 of the Code of Federal Regulations, or equivalent federal or state regulations.
An applicant's permit may be renewed by submission of a new application form, stating any conditions or circumstances which may have varied from the original permit application, and approval of the same by the Superintendent.
Permit terms and conditions. All permit terms and conditions may be subject to modification and change by the Town.
Permit transfer. A permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation.
Industrial discharge. An industrial discharger shall apply for a permit modification if the production or process is changed so that the wastewater characteristics or flow is altered.
Owner's responsibility. All work and expense incident to the installation, connection, repair, and maintenance of the building sewer lateral from the building to the sanitary connection at the sewer main shall be borne by the owner. The sanitary connection shall be considered the point where the private building sewer lateral intersects with the Town-owned and maintained sewer main. The connection to the sanitary sewer shall be made by the owner under the supervision and in the presence of the Superintendent. There shall be an inspection charge as described in the rate schedule for all public sewer connections not installed under a construction project for new or replacement public sanitary sewers.
[Amended 4-8-2015 by L.L. No. 2-2015]
Independent building sewers. A separate and independent building sewer shall be provided for every building, except that where one building stands at the rear of another on an interior lot and no private building sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, the building sewer for the front building may be extended to the rear building.
Existing building sewers. Old building sewers may be used in connection with new buildings only when they are found, on examination and testing by the Superintendent, to meet all requirements of this chapter.
Materials. The building sewer shall be cast-iron soil pipe, ASTM Specification A-74 (latest revision thereof), or PVC nonpressure pipe, ASTM Specification D-3033 with minimum SDR of 41, or nonpressure PVC pipe labeled "Schedule 40," ASTM Specification D-2665 and D-1785. All joints shall be compression-type joints with neoprene or rubber circular gaskets. Chemically welded joints shall not be allowed. For buildings requiring pumping, the discharge pipe shall be PVC or HDPE pressure pipe, AWWA Specification C-900 (latest revision thereof) with minimum SDR of 18 or such a material as is approved by the Superintendent. All pressure pipe shall have a working pressure of 150 pounds per square inch.
Separation. Sewers shall be laid at least 10 feet horizontally from any existing or proposed water main. The distance shall be measured edge to edge. In cases where it is not practical to maintain a ten-foot separation, the appropriate reviewing agency may allow deviation on a case-by-case basis. Such deviation may allow installation of the sewer closer to the water main, provided that the water main is in a separate trench or on an undisturbed earth shelf located on one side of the sewer and at an elevation so the bottom of the water main is at least 18 inches above the top of the sewer. In cases where this criteria cannot be accomplished, the Superintendent will determine if other suitable protection can be obtained.
Approval. No building sewer shall be covered until after it has been inspected, tested and approved by the Superintendent.
Testing. All building sewers (gravity and/or pressure) shall be tested for leakage after installation. The tests shall be conducted on all joints in a pressure sewer and all joints subject that would be exposed to infiltration of groundwater, surface water or other extraneous sources of nonpolluted waters on a gravity sewer. The test shall be witnessed by the Superintendent or his authorized representative.
The test for a gravity sewer shall be conducted from the trap and vent or grinder unit to the building plumbing system. The sewers shall be charged with air to four pounds per square inch pressure. The sewer shall show a loss of pressure no greater than 0.5 pound per square inch over a ten-minute period.
A two-hour leakage test shall be conducted on all pressure pipe and joints between the grinder unit and the point of connection to the POTW.
The line shall be filled with water, with all air expelled and pressurized to 100 pounds per square inch, based on the elevation of the lowest point in the line under test and corrected to the elevation of the test gauge.
The leakage under the conditions of the test for force main shall be determined by the following formula:
Replacement. In certain cases where the building sewer is being replaced, the Superintendent may allow the use of high-density polyethylene pipe inside of the existing building sewer. Joints shall be by a coupling acceptable to the Superintendent. Express permission of the Superintendent shall be obtained prior to proceeding with this type of installation. Application for permission shall be accompanied by a plan and a list of materials, sizes and depths.
Installation. All gravity building sewer shall be bedded to one foot above the top of pipe and six inches below invert of the pipe. The bedding material shall be sand or stone of a maximum dimension of 1/2 inch and shall be placed to eliminate voids between the pipe and the undisturbed soil. If the soil conditions appear unstable, the Superintendent may require more exacting methods of support for the pipe.
Size and slope.
Depth and alignment. The depth of the building sewer shall be sufficient to afford protection from freezing and against physical damage and shall not be less than three feet from the surface. The building sewer shall be laid at a uniform grade. The line shall be straight or laid with properly curved pipe and fittings. Changes in alignment direction greater than 45º shall be provided with cleanouts accessible for cleaning.
Depth at building. No building sewer shall be constructed to permit flow from a basement drain to the Town's sanitary sewer lines. All building connections shall be a minimum of three feet above grade of floor or basement level. A variance from the three-foot minimum will be considered on an individual basis upon written request and written waiver by the Superintendent.
Inaccessible gravity connections. In all buildings in which any building sewer is too low to permit gravity flow to the public sewer, sanitary sewage carried by such sewer shall be lifted by a method approved by the Superintendent and discharged to the public sanitary sewer at the expense of the owner.
Illicit connections. No person shall permit the connection of roof downspouts, foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer which in turn is connected directly or indirectly to the public sanitary sewer.
Connection restriction. No building sewer shall be connected to the public sewer if the building which it is to serve is not totally enclosed and all excavations for said building are backfilled and restored to a finished grade.
Relocation of inflow and infiltration.
[Added 6-9-2011 by L.L. No. 1-2011]
Notwithstanding any of the provisions of this chapter, the Town, at District expense, may install or cause to be installed A clamps and related work on sewer residential service externals where:
Such laterals were installed prior to the requirement for the use of A clamps by Town regulations; and
The Town is acting pursuant to a program for redaction of inflow and infiltration by order of the Town Board, and such lines have been identified by the Superintendent for inclusion in such program; and
Property owners have granted the Town access and executed any required agreements.
Nothing in this Subsection U shall relieve the residential property owner from the obligation, at the owner's expense, to prevent inflow and infiltration through its service lateral or to maintain and repair or replace service laterals, including, but not limited to, the installation of A clamps when necessary.
Traps and vents. No building sewer shall be connected to the public sewer if the building which it is to serve is not installed with a sanitary sewer trap and vent at the right-of-way or as approved by the Superintendent.
[Added 4-8-2015 by L.L. No. 2-2015]
General. Grinder pump units and pressure sewer systems from time to time are economically feasible where a gravity sewer system is cost prohibitive. Under these circumstances the following regulations shall apply.
[Amended 4-8-2015 by L.L. No. 2-2015]
All residences in existence on the date a contract is awarded for installation of the Town lateral pressure sewer line adjacent to the residence shall have a Town-owned grinder pump installed and maintained by the Town.
Installation of all other grinder pumps and their maintenance, such as grinder pumps and force mains installed under Chapter 137, Public Improvements, shall be the sole responsibility of the applicant.
All work and expense incident to the installation, connection and maintenance of the building sewer from the building to the grinder pump shall be borne by the owner, and the connection to the sanitary sewer force main shall be made by the owner and under the supervision and in the presence of the Superintendent, or his designee.
All grinder pump units installed shall be of a type and manufacturer as set forth in the current Town of Lockport standard specifications, or as directed and approved by the Superintendent.
There shall be an inspection charge borne by the owner pursuant to the rate schedule for all public sewer connections not installed under a construction project for new or replacement public sanitary sewers.
Grinder pump connections. All connections to grinder pump stations shall be made in accordance with the following specifications and those specifications for the contract as amended:
Sewer connections shall be laid solidly on a true grade of not less than 1/4 inch per foot. They shall be laid in a straight line. Change in direction, if necessary, shall be made with proper fittings. All pipes shall be clear of dirt or other foreign materials as the work progresses.
The fill over and around the pipe up to a depth of one foot over the top of the pipe must be carefully selected material free from clay, large stones, or debris. It shall be carefully compacted.
Adequate cleanouts shall be installed not over 50 feet apart so that at all times the route of flow can be rodded or cleaned mechanically between the building and the grinder pump unit.
All materials used shall be in accordance with the prevailing Town standards.
All work must be inspected by the Superintendent or authorized representative. No work shall be inspected or approved unless the trench is open for its entire length and all pipe and joints visible. Any trench backfilled before such inspection is made and the work approved shall be reopened for its entire length by the party performing the work. The party performing the work shall notify the Superintendent giving at least 24 hours' notice in advance of the time when the connection will be laid and ready for inspection.
[Amended 12-3-2003 by L.L. No. 6-2003]
No connection will be permitted for draining stormwater, roof water, surface water from roads, driveways, lawns, groundwater runoff, subsurface drainage, cooling water, cellar drains, including sump pumps, or other ponded water. Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated by the Town.
The applicant shall be responsible for the cost of supply, delivery and installation of all electrical parts, materials, labor and equipment required for complete and proper operation for the grinder pump station.
All electrical work, equipment and apparatus provided and installed shall conform to the New York State Uniform Fire Prevention and Building Code or the National Electric Code.
The applicant shall be responsible for the cost of installing and connecting the following electrical equipment for each grinder pump unit installation:
Load center: 120/230 V, one phase, four-pole load center in NEMA 1 surface-mounted enclosure with twenty-amp, two-pole breaker for simplex grinder pump units, thirty-amp, two-pole breaker for duplex grinder pump units, and fifteen-amp, one-pole breaker for alarm systems. Load center shall be installed near the existing house panel.
Portable generator connection. Surface-mounted NEMA 3R enclosure with padlock provisions with generator receptacle compatible with the Town's portable generator unit. Size of enclosure shall be sufficient to contain plug and receptacle, fully wired, and to allow removal for disconnection and connection to portable generator unit. Enclosure shall be 16 gauge galvanized steel with grey-baked enamel finish. Size shall be eight inches by six inches by four inches minimum. This unit shall be mounted outside the house on the building wall unless otherwise determined by the Town Engineer.
The alarm panel shall be a NEMA 1 enclosure with screw retained cover. It shall be complete with control relay, alarm transformer and buzzer.
The alarm buzzer shall be similar to General Electric Catalog No. GE2226-O except with volume control. The transformer shall be sized for the buzzer and be energy limiting NEC Class 2.
The alarm panel, buzzer, transformer, and control relay shall be furnished at the cost of the applicant. Mount buzzer on face of alarm panel.
For simplex grinder pump units installed inside, the applicant will be responsible for the cost of providing female twist lock receptacles for pump power, seal failure, and over temperature. These shall be mounted on the side of the alarm panel and wired up complete.
For duplex grinder pump units, the applicant shall be responsible for the cost of installing the complete alarm/control panel.
The applicant shall be responsible for the cost of all wire and installation. Interior wiring shall be rated 600 V and may be multiconductor (Romex) or single conductor THWN rated for wet locations. Wiring shall be VRD type multiconductor.
Alternate exterior. As an alternate, the applicant may install PVC conduit and wire for exterior work. PVC shall be thick wall approved for use and wire shall be THWN or THHN approved for use.
Installation. This subsection shall apply to the installation of applicant-owned grinder pumps. The applicant shall be responsible for the cost of all wire, materials, connection, labor, tools, etc., required for the complete electrical work associated with the grinder pump station installations.
For all units, the applicant shall be responsible for the cost of the load center and its installation adjacent to existing house panel and wire from main feed to load center main breaker for electrical supply. The generator connection shall be mounted on the outside of the building where directed. Wiring connections through walls shall be sealed weathertight.
Wiring between pump units with manway and building may be installed direct and buried. Direct buried cable shall be protected with select backfill of sand or screenings free of rocks, sticks, glass, etc., for a minimum of six inches on top and sides and two inches below wire. The applicant will be responsible for the cost of excavating a trench approximately one foot wide and two feet deep from finish grade for the installation of direct buried cable, installing cable a minimum of 24 inches below finished grade and providing approved weathertight seal at entrance to building. Manway is provided with two-inch conduit HUB for wire entrance. Connection at this point shall be watertight. Wire runs within buildings shall be concealed in finished areas. In unfinished basement, wiring may be installed between and/or through joist and be run exposed in a neat manner.
Special care shall be taken in installation and routing of wiring to protect existing conditions and concealed wiring.
Simplex units without manway (inside units) shall be furnished with ten-foot cords with male plugs installed for power and alarm. At time of installation, the applicant shall, at the applicant's cost, remove plugs and shorten cords to length required to provide neat installation and reinstall plugs. All simplex units shall be anchored to the floor in accordance with the manufacturer's recommendations.
The building sewer (gravity and pressure) shall be constructed with materials as stated in § 150-6I.
Exclusion of water. No person shall discharge or cause to be discharged any stormwater, surface water or groundwater to any sanitary sewer.
General discharge prohibitions.
Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer:
Any liquid or vapor which would cause the POTW treatment plant to have an influent temperature higher than 104º F. or 45º C.
Any waters or wastes which may contain more than 100 parts per million by weight of fat, oil or grease.
Any liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the sewage works or to the operation of the sewage works. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ether, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides, sulfides and any other substances which the Town, the state or USEPA has notified the user is a fire hazard or a hazard to the system.
Solid or viscous substances which may cause obstruction to the flow in sewers or other interference with the proper operation of the POTW, such as, but not limited to, garbage that has not been properly shredded (particles greater than 1/2 inch in any dimension), ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood and paunch manure.
Any waters or wastes containing solids or any constituent of such character and quantity that unusual attention or expense is required to handle such materials at the POTW.
Any water or wastes having corrosive properties capable of causing damage or hazard to structures, equipment and personnel of the POTW.
Any wastewater having a pH that is not within the limits of 5.5 to 9.5.
Any waters or wastes containing toxic or poisonous substances in sufficient quantity to interfere with any wastewater treatment process, constitute a hazard for humans or animals, or create any hazard in the receiving water via stormwater overflows or the effluent of the POTW treatment plant, or to exceed the limitation set forth in the categorical pretreatment standard. A toxic pollutant shall include but not be limited to any pollutant identified pursuant to Section 307(a) of the Clean Water Act.
Editor's Note: See 33 U.S.C. § 1317.
Any waters having a chlorine demand in excess of 15 ppm (mg/l) by weight.
Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions.
Any noxious or malodorous liquids, gases, or solids which either singly or by interaction with other wastes are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair.
Any waters containing radioactive materials exceeding such concentrations as recommended by the National Committee on Radiation Protection and as set forth in the appropriate handbook of the National Bureau of Standards. All users of radioactive material shall register with the Town.
Any pollutants, including oxygen-demanding pollutants, released at a flow rate and/or pollutant concentration which a user knows or has reason to know will cause interference to the sewage works. In no case shall a discharge have a flow rate or contain concentrations or qualities of pollutants that exceed, for any time period longer than 15 minutes, more than five times the average twenty-four-hour concentrations, quantities, or flow during normal operation.
Any substance which may cause the POTW's effluent or any other product of the POTW, such as residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or state criteria.
Editor's Note: See 42 U.S.C. § 6901 et seq., 42 U.S.C. § 7401 et seq., 15 U.S.C. § 2601 et seq., respectively.
Any substance which will cause the wastewater treatment plant to violate its NPDES and/or SPDES permit or the receiving water quality standards.
Any wastewater which is a hazard to human life or creates a public nuisance.
When it has been determined that a user(s) is contributing to the POTW any of the above-enumerated substances in such amounts as to interfere with the operation of the POTW, the Town shall:
Specific pollutant limitations.
No person or industry shall discharge wastewater containing in excess of the specific pollutant limitations established for NCSD No. 1 or the City of Lockport Wastewater Treatment Plant. The Superintendent shall determine which schedule of specific pollutant limitations applies based upon which POTW wastewaters are transported to and treated at.
From time to time the specific pollutant limitations are revised. The current schedules of specific pollutant limitations for NCSD No. 1 and the City of Lockport Wastewater Treatment Plant are contained in Appendix A of this chapter.
Editor's Note: Appendix A is included as an attachment to this chapter.
Contribution from individual establishments is subject to controls for volume and concentrations by the Town. Should the above concentrations, either individually or in combination, interfere with the sewage treatment process or cause difficulties or damage in the POTW or damage to the receiving waters, the maximum allowable concentrations of these substances will be reduced by the Town.
Grease, oil and sand interceptors. Grease, oil and sand interceptors shall be provided when, in the opinion of the Superintendent, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or flammable wastes, sand and other harmful ingredients, except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Town and shall be located as to be readily accessible for cleaning and inspection. Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight and equipped with easily removable covers which when bolted in place shall be gastight and watertight. Where installed, all grease, oil and sand interceptors shall be maintained by the owner, at his expense, in continuously efficient operation at all times.
[Amended 12-3-2003 by L.L. No. 6-2003]
The admission into the public sewers of any waters or wastes containing five-day BOD greater than 200 parts per million by weight or more than 300 parts per million by weight of suspended solids or having an average daily flow greater than 2% of the average daily sewage flow of the Town shall be subject to review and approval by the Town. Where necessary, the owner shall provide, at his expense, such preliminary treatment as may be necessary to reduce the five-day BOD to 200 parts per million by weight (mg/l), or to reduce suspended solids to 300 parts per million (mg/l), or to control the quantities and rates of discharge of such waters or wastes.
Plans, specifications and other pertinent information relating to proposed preliminary treatment facilities shall be prepared and submitted by a qualified engineer for Town approval, and no construction of such facilities shall be commenced until said approvals are obtained in writing.
Added charges. Where the strength of sewage from an industrial, commercial or institutional establishment exceeds 200 parts per million (mg/l) of BOD or 300 parts per million (mg/l) by weight of suspended solids or a chlorine demand greater than 15 parts per million (mg/l) by weight, and where such wastes are permitted to be discharged to the sewer system by the Town, an added charge, as noted below, will be made against such establishment according to the strength of such wastes. The strength of such wastes shall be determined by composite samples taken over a sufficient period of time to ensure a representative sample. The cost of the sampling and testing shall be borne by the industry or establishment, whether owner or lessee. Tests shall be conducted by an approved independent laboratory. From time to time it may be necessary to impose additional charges as noted above. These added charges shall be determined by the Town, based on the cost of operation, maintenance, administration, depreciation and amortization plus sufficient coverage for the POTW.
Users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all federal categorical pretreatment standards within the time limitations as specified by the federal pretreatment regulations.
Any facilities required to pretreat wastewater to a level acceptable to the Town shall be operated and maintained continuously and effectively at the user's expense.
No user shall ever increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment in order to achieve compliance with the limits contained in the federal categorical pretreatment standards or any other pollutant-specific limits developed by the Town or state.
Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the Town for review, and shall be approved by the Town before construction of the facility commences. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the Town under the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the Town prior to the user's initiation of the changes.
A list of the users which were not in compliance with any of the pretreatment requirements or standards for a period of greater than 45 days will be published annually in the local newspaper. The notifications shall also summarize any enforcement actions taken against the user(s) during the enforcement.
All records relating to compliance with pretreatment standards shall be made available to the City of Lockport Superintendent or NCSD No. 1 and/or the approval authority upon request.
Control manhole. When required by the Town, the owner of any property served by a building sewer carrying industrial wastes shall install a suitable control manhole in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the Town. The manhole shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times.
Measurements, tests and analysis. All measurements, test and analysis of the characteristics of waters and wastes to which reference is made shall be determined in accordance with standard methods for examination of water and wastewater and shall be determined at the control manhole provided for in Subsection H of this section. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected.
Determination of sewer flow. To determine the sewage flow from any establishment, the Town may use one of the following methods:
The amount of water supplied to the premises by the Town or a private water company as shown on the water meter if the premises is metered.
The amount of water supplied from such sources as estimated by the Town from the water, gas or electric supply, if the premises is supplied with river water or water from private wells.
The estimate of the amount of wastewater discharged into the sewer system made by the Town from the water, gas or electric supply, or if such premises are used for an industrial or commercial purpose of such a nature that the water supplied to the premises cannot be entirely discharged into the sewer system.
The number of cubic feet of wastewater discharged into the sewer system as determined by measurements and samples taken at a manhole installed by the owner of the property served by the sewer system at his own expense, in accordance with the terms and conditions of the permit issued by the Town pursuant to this section.
A figure determined by the Town by any combination of the foregoing or by any other equitable method.
The Town from time to time may evaluate the actual discharge versus the calculated discharge to determine if excess flow exists in the owner's system. Should it be determined that the owner is discharging excess flow, the owner will be required to eliminate the excess flow from his discharge at the owner's expense. The owner shall submit a report to the Town identifying the sources of the excess flow and method of elimination subject to the Town's approval.
Special agreements. No statement contained in this section shall be construed as preventing any special agreement or arrangement between the Town and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the Town, subject to payment therefor by the industrial concern. Industries subject to categorical pretreatment standards are excluded from this provision.
Protection from damage. No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is part of the POTW.
Federal categorical pretreatment standards.
Upon the promulgation of the federal categorical pretreatment standards for a particular industrial subcategory, the federal standard, if more stringent than limitations imposed under this chapter for sources in that subcategory, shall immediately supersede the limitations imposed under this chapter. The Town Supervisor shall notify all affected users of the applicable reporting requirements under 40 CFR 403.12.
Where the POTW wastewater treatment system achieves consistent removal of pollutants limited by federal pretreatment standards, the POTW may apply to the approval authority for modification of specific limits in the federal pretreatment standards. The POTW may then modify pollutant discharge limits in the federal pretreatment standards if the requirements contained in 40 CFR 403.7 are fulfilled and prior approval from the approval authority is obtained. Affected industries will be notified by the Town Supervisor of such modifications to federal categorical pretreatment standard limits.
State requirements. State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations or those in this chapter.
Town's right of revision. The Town reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives of this chapter.
Wastewater dischargers. It shall be unlawful to discharge without a permit to POTW any wastewater except as authorized by the Supervisor in accordance with the provisions of this chapter.
Wastewater contribution permits.
General permits. All new nondomestic users proposing to connect to or contribute to the POTW shall obtain a wastewater discharge permit before connecting to or contributing to the POTW. All existing significant industrial users connected to or contributing to the POTW shall obtain a wastewater contribution permit within 180 days after the effective date of this chapter.
Permit application. Users required to obtain a wastewater contribution permit shall complete and file an application with the Town in the form prescribed by the Town. Existing users shall apply for a wastewater contribution permit within 30 days after the effective date of this chapter, and proposed new users shall apply at least 90 days prior to connecting to or contributing to the POTW.
Permit modifications. Within nine months of the promulgation of a national categorical pretreatment standard, the wastewater contribution permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user subject to a national categorical pretreatment standard has not previously submitted an application for a wastewater contribution permit as required by this section, the user shall apply for a wastewater contribution permit within 180 days after the promulgation of the applicable national categorical pretreatment standard.
Permit conditions. Wastewater discharge permits shall be expressly subject to all provisions of this chapter and all other applicable regulations, user charges and fees established by the Town.
Permit duration. Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than one year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the Town during the term of the permit as limitations or requirements identified in § 150-9 are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
Permit transfer. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned, transferred or sold to a new owner, new user, different premises, or a new or changed operation without the approval of the Town.
Reporting requirements for permittee.
Baseline report. Within 180 days after the effective date of national categorical pretreatment standards or other pretreatment requirements all existing users subject to those standards and requirements shall submit a baseline report to the Town Supervisor. This report shall be prepared in accordance with 40 CFR 403.12 and shall be typed containing the following specific information:
The name and address of the facility, including the name of the operator and owners.
A list of any environmental control permits held by or for the facility.
A brief description of the nature, average rate of production and standard industrial classification of the operations carried out by the user. The description shall include a schematic process diagram showing the point of discharge to the POTW.
The average and maximum flow of all regulated process streams and all nonregulated process streams which are combined with the regulated process streams prior to discharge to the POTW. The time, date, place and method of flow monitoring shall be indicated.
The results of sampling and analysis showing the nature and concentration in parts per million by weight (mg/l) (or mass units when required by the standards or the Supervisor) of all regulated pollutants for each regulated process. The daily average and maximum shall be reported for each regulated pollutant. The time, date, place and method of sampling shall be indicated.
For existing users, a statement shall be included by an authorized representative of the industrial user and certified by a registered professional engineer in the State of New York as to whether the national categorical pretreatment standards or other pretreatment requirements are being met on a consistent basis and, if not, whether additional operations, maintenance, pretreatment or treatment is required to consistently meet the standards or requirements.
For new users a statement shall be included by an authorized representative of the industrial user and certified by a registered professional engineer in the State of New York that the user will meet all national categorical pretreatment standards and other applicable pretreatment requirements on a consistent basis.
For existing users that require increased operations and maintenance or require additional treatment or pretreatment prior to discharge to the POTW, a compliance schedule shall be included. This compliance schedule shall contain increments of progress, such as completion dates of major events leading to the construction and operation of the additional treatment or pretreatment facilities. No increment of the schedule shall exceed nine months. Final acceptance of this compliance schedule is dependent on the prior approval of the Superintendent.
Additional reporting requirements. The following additional reports are required to be submitted by the user to the Superintendent within the time period stated:
For all users who have submitted a compliance schedule, within 14 days following each increment of progress dated in the compliance schedule specified in 40 CFR 403.12.
For all users subject to national categorical pretreatment standards, a report of continued compliance beginning 90 days after the final compliance date of the standards for existing users, or for new users after commencement of discharge to the POTW, and during every month of June and December thereafter unless more frequent reporting is required. This report shall contain the information specified in 40 CFR 403.12.
For all users, any additional reporting requirements specifically required by the wastewater discharge permit, this chapter, or by the Superintendent.
Power and authority of inspectors.
The Town and its duly authorized employees, and representatives bearing proper credentials and identifications, shall be permitted to enter upon such properties as may be necessary for the purposes of inspection, observation, measurement, sampling and testing in accordance with provisions of this chapter.
Persons or occupants of premises where wastewater is created or discharged shall allow the Town or its representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination or performance of any of its duties. The Town, NYSDEC and USEPA shall have the right to set up, on the user's property, such devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering operations. Where a user has security measures which would require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, personnel from the Town, NYSDEC and USEPA will be permitted to enter for the purposes of performing their specific responsibilities.
Protection from accidental discharge. Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this chapter. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner's or user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the Town for review and shall be approved by the Town before the construction of the facility. No user who commences contribution to the POTW after the effective date of this chapter shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the Town. Review and approval of such plans and operating procedures shall not relieve the nondomestic user from the responsibility to modify the user's facility as necessary to meet the requirements of this chapter. In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the Town Supervisor and the POTW Treatment Plant Superintendent of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions.
Written notice. Within 30 days following an accidental discharge, the user shall submit to the Town a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other damage to person or property, nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this chapter or other applicable law.
Notice to employees. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall ensure that all employees who may cause or suffer such a dangerous discharge are advised of the emergency notification procedure.
Fees. It is the purpose of this subsection to provide for the recovery of costs for the implementation of the program established herein. The applicable charges or fees shall be set forth in the Town's schedule of charges and fees.
The Town may adopt charges and fees which may include but are not limited to:
Fees for reimbursement of costs of setting up and operating the Town's pretreatment program.
Fees for monitoring, inspections and surveillance procedures.
Fees for reviewing accidental discharge procedures and construction.
Fees for permit applications.
Fees for filing appeals.
Fees for consistent removal (by the POTW) of pollutants otherwise subject to federal pretreatment standards.
Other fees as the Town may deem necessary to carry out the requirements contained herein.
These fees relate solely to the matter covered by this chapter and are separate from all other fees chargeable by the Town.
Harmful contributions. The Town may suspend the wastewater treatment service and/or a wastewater contribution permit when such suspension is necessary to stop an actual or threatened discharge which presents or may present an endangerment to the health or welfare of persons or to the environment, causes interference to the POTW or causes the treatment facility to violate any condition of its SPDES permit.
In the event of an emergency situation, the Superintendent of the POTW or his assignee is required only to give verbal notice prior to initiating action in order to immediately and effectively halt a discharge which presents an imminent endangerment to the POTW facilities, the environment, or the health and welfare of persons. This will be followed by written notice.
Any person notified of a suspension of the wastewater treatment service and/or the wastewater contribution permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, the Town shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW or endangerment to any individuals. The Town shall reinstate the wastewater contribution permit and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the Town within 15 days of the date of occurrence.
Suspension of permit. The Supervisor may suspend a wastewater discharge permit when such suspension is necessary in order to stop a discharge which presents a hazard to the public health, safety or welfare, to the environment, or the sewage system or causes the City to violate any condition of its SPDES permit.
Any discharger notified of a suspension of his permit shall immediately stop the discharge of all nondomestic wastewater to the system. In the event of a failure of the discharger to comply voluntarily with the suspension order, the Supervisor shall take such steps pursuant to Subsection A of this section as deemed necessary to ensure compliance.
The Town shall reinstate the permit upon written proof of satisfactory compliance with all discharge requirements of these regulations.
Revocation of permit. Any user which violates the conditions of this chapter or the conditions of its wastewater discharge permit, or applicable state and federal regulations, is subject to having the permit revoked in accordance with the procedures of this section.
Notification of violation. Whenever the Town finds that any user has violated or is violating this chapter, a wastewater contribution permit, or any prohibition, limitation of requirements contained herein, the Town may serve upon such person a written notice stating the nature of the violation. Within 30 days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the Town by the user.
The Town may order any user which causes or allows an unauthorized discharge to enter the POTW to show cause before the Town Board why the proposed enforcement action should not be taken. A notice shall be served to the user specifying the time and place of a hearing to be held by the Town Board regarding the violation, the reasons why the action is to be taken, and the proposed enforcement action and directing the user to show cause before the Town Board why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail at least 10 days before the hearing. Service may be made on any agent or officer of a corporation.
The Town Board may itself conduct the hearing and take the evidence or may designate any of its members or any officer or employee of the assigned department to:
Issue in the name of the Town Board notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings.
Take the evidence.
Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Town Board for action thereon.
At any hearing held pursuant to this chapter, testimony taken must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof.
After the Town Board has reviewed the evidence, it may issue an order to the user responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed on existing treatment facilities, devices or other related appurtenances and are properly operated. Further orders and directives as are necessary and appropriate may be issued.
Legal action. If any person discharges sewage, industrial wastewater or other wastes into the Town's POTW in violation of or contrary to the provisions of this chapter, national categorical pretreatment standards or state or other pretreatment requirements, or any order of the Town; the Town Attorney may commence an action for appropriate legal and/or equitable relief in the Courts of the County of Niagara.
Written notice. Any person found to be violating any provision of this chapter except §§ 150-6J and 150-11A shall be served by the Town with 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.
Penalties. All violations of this chapter or of any regulation or provision thereof shall be an offense punishable by a fine of not exceeding $250 or imprisonment for not more than 15 days, or both. Each and every week that a violation of this chapter is permitted to exist shall constitute a separate offense. This penalty shall be in addition to any other penalties or other remedies as may be provided by law.
Liability. Any person violating any of the provisions of this chapter shall become liable to the Town for any expense, loss or damage occasioned the Town by reason of such violation.
[Amended 12-3-2003 by L.L. No. 6-2003]
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 chapter or wastewater contribution permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter, shall, upon conviction, be punished by a fine of not more than $1,000 or imprisonment for not more than one year, or both.
Information and data on a user obtained from reports, questionnaires, permit applications, permits, monitoring programs and inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the Town that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user.
When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to this chapter, the National Pollutant Discharge Elimination System (NPDES) permit, State Disposal System permit and/or the pretreatment programs; provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.
Information accepted by the Town as confidential shall not be transmitted to any governmental agency or to the general public by the Town until and unless a ten-day notification is given to the user.
Severability. The provisions of this chapter are severable. If any of the provisions, words, phrases, clauses, or terms or the application thereof to any person, firm or corporation or to any circumstances shall be held invalid, illegal or unconstitutional by any court of jurisdiction, such decision or findings shall not in any way affect the validity, legality or constitutionality of any other provision, work, phrase, clause or term. They shall continue in full force and effect.
Conflicts. All laws and parts of laws, all ordinances, codes and regulations which are inconsistent with, in conflict with or repugnant to any provisions of this chapter shall be deemed not applicable, provided that nothing contained herein shall be construed to prevent the adoption and enforcement of a law, ordinance, code or regulation which is more restrictive or establishes a higher standard than those provided in this chapter.