[HISTORY: Adopted by the Town Board of the
Town of Lockport 2-5-1992. Amendments noted where applicable.]
A.
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.
B.
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[1] and the General Pretreatment Regulations (Part 403 of
Title 40 of the Code of Federal Regulations).
[1]
Editor's Note: See 33 U.S.C. § 1251 et seq.
C.
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.
D.
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:
A.
To prevent the introduction of pollutants into the
POTW which will interfere with the operation of the POTW or contaminate
the resulting sludge;
B.
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;
C.
To improve and/or ensure the opportunity to recycle
and reclaim wastewaters and sludges from the POTW; and
D.
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.
The Federal Water Pollution Control Act, also known as the
"Clean Water Act," as amended.[1]
The Commissioner of the New York Department of Environmental
Conservation, Commissioner of Health, Niagara County Health Department,
Superintendent of Districts and POTWs.
An authorized representative of an industrial user may be:
A principal executive officer of at least the
level of vice president if the industrial user is a corporation;
A general partner or proprietor if the industrial
user is a partnership or proprietorship, respectively;
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.
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.
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.
The extension from the building drain to the public sewer
or other place of disposal.
National categorical pretreatment standards or pretreatment
standard.
Code of Federal Regulations.
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.
The water discharged from any use, such as air conditioning,
cooling or refrigeration, or to which the only pollutant added is
heat.
Stormwater, surface water, or groundwater which is or has
been conveyed from its original source.
The United States Environmental Protection Agency or other
duly authorized official of said agency.
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.
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.
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).
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.
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.
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.
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.
Any regulations developed under the authority of Section
307(b) of the Act[2] and 40 CFR 403.5.
Any outlet into a watercourse, pond, ditch, lake or other
body of surface water or groundwater.
Niagara County Sewer District No. 1.
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.
The National Pollutant Discharge Elimination System permit
issued pursuant to Section 402 of the Act.[3]
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.
That portion of the POTW designed to provide treatment (including
recycling and reclamation of municipal sewage and industrial waste).
Any pipe or conduit for carrying sewage under pressure and
without intermediate openings to the atmosphere.
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.
Any substantive or procedural requirement related to pretreatment,
other than a national categorical pretreatment standard imposed on
an industrial user.
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.
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.
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.
A sewer in which all owners of abutting properties have equal
rights and which is controlled by public authority.
Any additional rules and regulations adopted by the Town
of Lockport.
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.
Any arrangement of devices and structures used for treating
sewage.
All facilities for collecting, pumping, treating and disposing
of sewage.
A pipe or conduit for carrying sewage.
Standard Industrial Classification.
Any industry using the Town's POTW which:
Is subject to promulgated categorical pretreatment
standards.
Has substantial impact on the operation of the
POTW, either singly or in combination with other contributing industries.
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.
Discharges more than 5% of the flow or load
carried by the treatment plant receiving the waste.
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.
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.[4]
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.
Any water produced naturally or otherwise which is on the
ground surface.
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.
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.[5]
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.
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.
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.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
Rates for sewer rents.
[Amended 12-17-2008 by L.L. No. 6-2008]
(1)
SEWER RENT
UNIT
WATER CONSUMPTION
Definitions. As used in this subsection, the following
terms shall have the following meanings:
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.
The gallonage as reflected on the quarterly water billing
for the same billing period as the sewer billing.
(2)
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.
(a)
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.
(b)
Sewer rents shall become due and payable 30
days after billing as above provided.
(3)
Rates established.
(a)
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.
(b)
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.
[1]
Industrial rates for users, per unit, of over
1,000,000 gallons per quarter shall be $0.87 per 1,000 gallons per
unit.
(c)
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.
G.
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]
I.
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]
A.
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.
B.
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.
C.
Abandonment procedures shall consist of the following:
(1)
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.
(2)
Remove or demolish the lid of the septic tank.
(3)
Backfill septic tank or cesspool with granular material
free of clay, large boulders, tree stumps and vegetation.
(4)
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.
A.
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.
B.
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.
(1)
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,[1] 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.
[1]
Editor's Note: See 33 U.S.C. § 1287.
(2)
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:
(a)
The applicant changes the quantity or character
of the wastes as described in the application;
(b)
The applicant fails to meet the requirements of this chapter, including but not limited to § 150-8;
(c)
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
(d)
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.
(3)
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.
C.
Permit terms and conditions. All permit terms and
conditions may be subject to modification and change by the Town.
D.
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.
E.
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.
F.
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]
G.
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.
H.
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.
I.
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.
J.
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.
K.
Approval. No building sewer shall be covered until
after it has been inspected, tested and approved by the Superintendent.
L.
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.
(1)
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.
(2)
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.
(a)
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.
(b)
The leakage under the conditions of the test
for force main shall be determined by the following formula:
|
L
|
=
|
ND√P
7400
| |
|
Where
| |||
|
L
|
=
|
Allowable leakage in gallons per hour
| |
|
N
|
=
|
Number of joints in the length of pipeline tested
| |
|
D
|
=
|
Nominal diameter of pipe in inches
| |
|
P
|
=
|
Average pressure during the leakage test, in
pounds per square inch gauge
| |
M.
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.
N.
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.
P.
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.
Q.
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.
R.
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.
S.
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.
T.
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.
U.
Relocation
of inflow and infiltration.
[Added 6-9-2011 by L.L. No. 1-2011]
(1)
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:
(a)
Such laterals were installed prior to the requirement for the use
of A clamps by Town regulations; and
(b)
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
(c)
Property owners have granted the Town access and executed any required
agreements.
(2)
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.
V.
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]
A.
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.
B.
Responsibility.
[Amended 4-8-2015 by L.L.
No. 2-2015]
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
C.
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:
(1)
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.
(2)
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.
(3)
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.
(4)
All materials used shall be in accordance with the
prevailing Town standards.
(5)
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]
(6)
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.
D.
Electrical.
(1)
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.
(2)
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.
(3)
The applicant shall be responsible for the cost of
installing and connecting the following electrical equipment for each
grinder pump unit installation:
(a)
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.
(b)
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.
(c)
Alarm panel.
[1]
The alarm panel shall be a NEMA 1 enclosure
with screw retained cover. It shall be complete with control relay,
alarm transformer and buzzer.
[2]
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.
[3]
The alarm panel, buzzer, transformer, and control
relay shall be furnished at the cost of the applicant. Mount buzzer
on face of alarm panel.
[4]
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.
[5]
For duplex grinder pump units, the applicant
shall be responsible for the cost of installing the complete alarm/control
panel.
(d)
Wire.
[1]
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.
[2]
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.
E.
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.
(1)
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.
(2)
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.
(3)
Special care shall be taken in installation and routing
of wiring to protect existing conditions and concealed wiring.
(4)
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.
A.
Exclusion of water. No person shall discharge or cause
to be discharged any stormwater, surface water or groundwater to any
sanitary sewer.
B.
General discharge prohibitions.
(1)
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:
(a)
Any liquid or vapor which would cause the POTW
treatment plant to have an influent temperature higher than 104º
F. or 45º C.
(b)
Any waters or wastes which may contain more
than 100 parts per million by weight of fat, oil or grease.
(c)
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.
(d)
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.
(e)
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.
(f)
Any water or wastes having corrosive properties
capable of causing damage or hazard to structures, equipment and personnel
of the POTW.
(g)
Any wastewater having a pH that is not within
the limits of 5.5 to 9.5.
(h)
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.[1]
[1]
Editor's Note: See 33 U.S.C. § 1317.
(i)
Any waters having a chlorine demand in excess
of 15 ppm (mg/l) by weight.
(j)
Any wastewater with objectionable color not
removed in the treatment process, such as, but not limited to, dye
wastes and vegetable tanning solutions.
(k)
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.
(l)
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.
(m)
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.
(n)
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,[2] or state criteria.
[2]
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.
(o)
Any substance which will cause the wastewater
treatment plant to violate its NPDES and/or SPDES permit or the receiving
water quality standards.
(p)
Any wastewater which is a hazard to human life
or creates a public nuisance.
(2)
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:
C.
Specific pollutant limitations.
(1)
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.
(2)
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.[3]
[3]
Editor's Note: Appendix A is included as an attachment to this chapter.
(3)
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.
D.
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]
E.
Conventional pollutants.
(1)
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.
(2)
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.
F.
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.
G.
Pretreatment.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
H.
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.
I.
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.
J.
Determination of sewer flow. To determine the sewage
flow from any establishment, the Town may use one of the following
methods:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
A figure determined by the Town by any combination
of the foregoing or by any other equitable method.
(6)
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.
K.
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.
L.
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.
A.
Federal categorical pretreatment standards.
(1)
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.
(2)
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.
B.
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.
C.
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.
A.
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.
B.
Wastewater contribution permits.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
C.
Reporting requirements for permittee.
(1)
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:
(a)
The name and address of the facility, including
the name of the operator and owners.
(b)
A list of any environmental control permits
held by or for the facility.
(c)
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.
(d)
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.
(e)
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.
(f)
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.
(g)
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.
(h)
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.
(2)
Additional reporting requirements. The following additional
reports are required to be submitted by the user to the Superintendent
within the time period stated:
(a)
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.
(b)
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.
(c)
For all users, any additional reporting requirements
specifically required by the wastewater discharge permit, this chapter,
or by the Superintendent.
D.
Power and authority of inspectors.
(1)
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.
(2)
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.
E.
Accidental discharges.
(1)
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.
(2)
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.
(3)
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.
F.
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.
(1)
The Town may adopt charges and fees which may include
but are not limited to:
(a)
Fees for reimbursement of costs of setting up
and operating the Town's pretreatment program.
(b)
Fees for monitoring, inspections and surveillance
procedures.
(c)
Fees for reviewing accidental discharge procedures
and construction.
(d)
Fees for permit applications.
(e)
Fees for filing appeals.
(f)
Fees for consistent removal (by the POTW) of
pollutants otherwise subject to federal pretreatment standards.
(g)
Other fees as the Town may deem necessary to
carry out the requirements contained herein.
(2)
These fees relate solely to the matter covered by
this chapter and are separate from all other fees chargeable by the
Town.
A.
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.
(1)
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.
(2)
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.
B.
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.
(1)
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.
(2)
The Town shall reinstate the permit upon written proof
of satisfactory compliance with all discharge requirements of these
regulations.
C.
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.
D.
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.
E.
Show-cause hearing.
(1)
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.
(2)
Hearing.
(a)
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:
[1]
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.
[2]
Take the evidence.
[3]
Transmit a report of the evidence and hearing,
including transcripts and other evidence, together with recommendations
to the Town Board for action thereon.
(b)
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.
(3)
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.
F.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
