[HISTORY: Adopted by the Council of the City of Beacon 9-18-1985; amended in its entirety 7-18-2011 by L.L. No. 11-2011. Amendments noted where applicable.]
Purposes. The purposes involved in the enactment of this chapter include:
To prevent the introduction of pollutants which will interfere with the operation of the City of Beacon's POTW facility.
To allow the Beacon POTW to meet all NPDES and SPDES permit requirements.
To prevent the introduction of pollutants that will pass through the Beacon POTW that will contaminate the receiving waters, the sludge or the atmosphere around the Beacon POTW.
To regulate the users of the POTW, whether they be direct or indirect contributors, through the issuance of permits.
To improve the opportunity to recover or reclaim wastewaters and sludge from the Beacon POTW.
To equitably distribute the operational costs of the Beacon POTW to its users.
To provide cooperation with, and abide by, the most stringent standards of the Dutchess County Department of Health, the New York State Department of Environmental Conservation and the United States Environmental Protection Agency.
To promote compliance with environmental laws and protect public health by identifying, preventing and removing inflow and infiltration.
Findings. The City Council of the City of Beacon finds the following:
The City of Beacon sanitary sewer system owns, operates and maintains an extensive network of sewer lines and a wastewater treatment plant.
The City's ability to effectively manage the sewer system is affected by the proper maintenance and use of sewer service lines which is the responsibility of the users of the sewer system.
The introduction of large volumes of stormwater, surface water, groundwater, roof runoff, subsurface drainage and other similar discharges into the sanitary sewer system can result in sanitary sewer overflows (and the release into the environment of untreated sewage), and can also result in basement backups and other undesirable consequences.
It is the purpose of this chapter, by the application and enforcement thereof, to deter, prevent and eliminate, so far as practical, the introduction of stormwater, surface water, groundwater, roof runoff, subsurface drainage and other similar discharges other than domestic or industrial sewage into the sewer system.
This chapter serves the public interest by promoting, to the maximum extent practical, the development and implementation of mechanisms that assure appropriate capacity management, operation and management of the sewer system.
Unless the context specifically indicates otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated:
- ACT or THE ACT
- The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
- APPROVAL AUTHORITY
- The director in an NPDES state with an approved state pretreatment program and the administrator of the EPA in a non-SPDES state or NPDES state without an approved state pretreatment program.
- (1) A principal executive officer of at least the level of vice president, if the industrial user is a corporation.
- (2) A general partner or proprietor, if the industrial user is a partnership or proprietorship, respectively.
- (3) 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, five days at 20º C. expressed in terms of weight and concentration [milligrams per liter (mg/l)].
- BUILDING SANITARY SEWER SERVICE
- That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (1.5 meters) outside the inner face of the building wall.
- BUILDING SEWER
- A sanitary sewer conveying wastewater from the building sanitary sewer service to the public sanitary sewer.
- CATEGORICAL STANDARDS
- National Categorical Pretreatment Standards or pretreatment standard.
- CERTIFICATE OF INSPECTION
- A written statement from the City Building Inspector, City Engineer or their duly authorized designee describing the condition of roof drains, sump pump, or other prohibited stormwater or groundwater connections or sources of inflow or infiltration found, or lack thereof, as set forth in § 179-6 of this chapter.
- The City of Beacon or the City Council of Beacon.
- CONTROL AUTHORITY
- Refers to the approval authority defined hereinabove, or the Superintendent, if the City has an approved pretreatment program under the provisions of 40 CFR 403.11.
- COOLING WATER
- The water discharged from any use such as air conditioning, cooling or refrigeration or to which the only pollutant added is heat.
- DEPARTMENT OF ENVIRONMENTAL CONSERVATION or DEC
- The New York State Department of Environmental Conservation, or, where appropriate, the term may also be used as a designation for the Commissioner or other duly authorized official of said agency.
- DIRECT DISCHARGE
- The discharge of treated or untreated wastewater directly to the waters of the State of New York.
- DIRECTOR OF OPERATIONS FOR WATER AND SEWER DEPARTMENTS
- The person designated by the City of Beacon to supervise the operation of the publicly owned treatment works and who is charged with certain duties and responsibilities by this chapter or his duly authorized representative (City Engineer).
- DOMESTIC SANITARY SEWAGE
- Solid and liquid wastes from toilet and lavatory fixtures, laundries, tubs or equivalent plumbing fixtures as discharged from dwellings, businesses and industrial buildings.
- ENVIRONMENTAL PROTECTION AGENCY or EPA
- The United States Environmental Protection Agency, or, where appropriate, the term may also be used as a designation for the Administrator or other duly authorized official of said agency.
- Solid wastes from the preparation, cooking and dispensing of food and from the handling, storage and sale of produce.
- GRAB SAMPLE
- A sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time.
- Water beneath the earth's surface.
- 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 SEWAGE
- Water-carried wastes of any industrial process, as distinct from domestic sanitary sewage; includes materials dissolved, suspended or mechanically carried in the waste.
- INDUSTRIAL USER
- A source of indirect discharge which does not constitute a discharge of pollutants under regulations issued pursuant to Section 402 of the Act (33 U.S.C. § 1342).
- The inhibition or disruption of the POTW treatment processes or operations which contributes to a violation of any requirement of the City's NPDES permit. The term includes prevention of sewage sludge use of disposal by the POTW in accordance with Section 405 of the Act (33 U.S.C. § 1345) or any criteria, guidelines or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act or more stringent state criteria, including those contained in any state sludge management plan prepared pursuant to the Title IV of SWDA, applicable to the method of disposal or use employed by the POTW.
- NATIONAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARD
- Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. § 1347) which applies to a specific category of industrial users.
- NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM OR NPDES PERMIT
- A permit issued pursuant to Section 402 of the Act (33 U.S.C. § 1342).
- NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE STANDARD
- Any regulation developed under the authority of Section 307(b) of the Act and 40 CFR 403.5.
- NATURAL OUTLET
- Any outlet into a water source, pond, ditch, lake or other body of surface or storm water.
- NEW SOURCE
- Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section.
- NONSANITARY DISCHARGE
- Any substance discharged into a sanitary sewer other than sewage, including but not limited to stormwater, surface water, groundwater, roof runoff, subsurface drainage, cooling water, air-conditioning and refrigerating wastewaters, and unpolluted industrial process water.
- Any individual, partnership, copartnership, firm, company, corporation, association, joint-stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context.
- The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.
- Any duly licensed plumber of the City of Beacon.
- Any dredged spoil, 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.
- POTW TREATMENT PLANT
- That portion of the POTW designed to provide treatment to wastewater.
- PRETREATMENT or TREATMENT
- The reduction of the amount of pollutants or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, or process changes by other means, except as prohibited by 40 CFR 403.6(d).
- PRETREATMENT REQUIREMENTS
- Any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard imposed on an industrial user.
- PUBLICLY OWNED TREATMENT WORKS (POTW)
- A treatment works as defined by Section 212 of the Act (33 U.S.C. § 1292) which is owned in this instance by the City. This definition includes any sewers that convey wastewater to the POTW treatment plant but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of this chapter, "POTW" shall also include any sewers that convey wastewaters to the POTW from persons outside the City of Beacon who are, by contract or agreement with the City of Beacon, users of the City of Beacon's POTW.
- SIGNIFICANT INDUSTRIAL USER
- Any industrial user of the City of Beacon's wastewater disposal system who:
- (1) Has a discharge flow of 25,000 gallons or more per average workday.
- (2) Has a flow greater than 5% of the flow in the City of Beacon's wastewater treatment system.
- (3) Has, in his wastes, toxic pollutants, as defined pursuant to Section 307 of the Act or the State of New York statutes and rules.
- (4) Is subject to categorical pretreatment standards.
- (5) Is found by the City of Beacon, New York State Department of Environmental Conservation or the United States Environmental Protection Agency (EPA) to have significant impact, either singly or in combination with other contributing industries, on the wastewater treatment system, the quality of sludge, the system's effluent quality or air emissions generated by the system.
- STANDARD INDUSTRIAL CLASSIFICATION (SIC)
- A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.
- The State of New York.
- STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM OR SPDES PERMIT
- A permit issued by the State Department of Environmental Conservation pursuant to § 17-0805 of the Environmental Conservation Law of the State of New York.
- Any flow occurring during or following any form of natural precipitation and resulting therefrom.
- SUSPENDED SOLIDS
- The total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids and which is removable by laboratory filtering.
- TOXIC POLLUTANT
- Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provisions of Section 307(a) of the Clean Water Act or other acts.
- Any person who contributes, causes or permits the contribution of wastewater into the City of Beacon'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 and stormwater that may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW.
- 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.
Word usage. "Shall" is mandatory; "may" is permissive.
Abbreviations. The following abbreviations shall have the designated meanings:
It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner upon a public or private property within the City of Beacon or in any area under the jurisdiction of said City any human or animal excrement, garbage or other objectionable waste.
It shall be unlawful to discharge to any natural outlet or storm sewer within the City of Beacon or in any area under the jurisdiction of said City any sanitary sewage, industrial wastes or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.
The owners of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the City of Beacon and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer, are hereby required, at their expense, to install suitable toilet facilities therein and to connect such facilities directly with the proper public sanitary sewer in accordance with the provisions of this chapter, within 10 days after date of official notice to do so.
The owners of houses, buildings or properties which are connected to the public sanitary sewer system and who are customers of the City sanitary sewer system are deemed to consent to allow the City Building Inspector, City Engineer, the Director of Operations for Water and Sewer Departments or their duly authorized designee to inspect the house, building or properties at a reasonable time to confirm compliance with the requirements of this chapter.
Where a public sanitary or combined sewer is not available, as determined by the City Engineer, the building sewer shall be connected to a private sewage disposal facility. Prior to the construction of a private sewage disposal facility, the owner(s) shall obtain a permit from the Superintendent. All plans, specifications or other necessary material should be provided at that time and shall be subject to the Superintendent's and/or Dutchess County Health Department's approval. A permit fee may be required for a private sewage disposal system by the Director of Operations for Water and Sewer Departments and shall be paid prior to the construction of such a facility.
There shall be two classes of building sewer permits: for residential and commercial service and for service to establishments producing industrial wastes. In either case, the owner(s) or his agent shall make application on a special form furnished by the City. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Superintendent.
Responsibility for costs and expenses.
All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner(s). The owner(s) shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
When the Director of Operations for Water and Sewer Departments certifies that a water or sewer main line has failed under the paved portion of a City street, including the Route 9D arterial highway, the City will reimburse the cost of repairing the portion of that line that lies under the paved portion of the City street. This provision shall not apply to water or sewer service lines. That payment will be based on the average cost of such repairs per linear foot as determined by the Director of Operations for Water and Sewer Departments by January 1 of the year for which it will be effective. The City will not reimburse the cost of repairs where the property owner or his assigns are determined to have caused the failure, or the failure is caused by tree roots, or the owner has insurance coverage for the repair. The owner must provide all insurance information, including, but not limited to, the extent of any insurance payments. The owners of each property continue to own and be responsible for the maintenance of water and sewer lines providing service to that property from the water or sewer main to the structure served.
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 sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, the front building may be extended to the rear building and the whole considered as one building sewer, but the City does not and will not assume any obligation or responsibility for damage caused by or resulting from any such single connection aforementioned.
Old building sewers may be used in connection with new buildings only when they are found by the Director of Operations for Water and Sewer Departments to meet all requirements of this chapter. The Director of Operations for Water and Sewer Departments shall make such determination following testing by the property owner satisfactory to the Director of Operations for Water and Sewer Departments and performed with the oversight of the Director of Operations for Water and Sewer Departments.
The size, slope, alignment, materials of construction of a building sewer and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench shall all conform to the requirements of the Building and Plumbing Code or other applicable rules and regulations of the City. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the ASTM and WPCF Manual of Practice No. 9 shall apply.
Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building sanitary sewer service is too low to permit gravity flow to the public sanitary sewer, sanitary sewage carried by such building sanitary sewer service shall be lifted by an approved means and discharged to the building sewer.
No person(s) shall make connection of roof downspouts, foundation drains, areaway drains or other sources of stormwater, surface runoff or groundwater to a building sewer or building sanitary sewer service which, in turn, is connected directly or indirectly to a public sanitary sewer unless such connection is approved by the Director of Operations for Water and Sewer Departments for purposes of disposal of polluted surface drainage.
The connection of the building sewer into the public sanitary sewer shall conform to the requirements of the Building and Plumbing Code or other applicable rules and regulations of the City or the procedures set forth in appropriate specifications of the ASTM and the WPCF Manual of Practice No. 9. All such connections shall be made gastight and watertight and verified by proper testing so that no leakage into or from such connection shall occur. Any deviation from the prescribed procedures and materials must be approved by the Director of Operations for Water and Sewer Departments before installation.
When the building sewer trench has been excavated and the building sewer has been repaired, altered or constructed and is ready for inspection and connection to the public sanitary sewer, the City Engineer and/or Director of Operations for Water and Sewer Departments shall be notified during regular working hours not less than 48 hours in advance of the time when the connection to the public sanitary sewer is planned. The connection of the building sewer to the public sanitary sewer shall be made under the supervision of the Engineer and/or Director of Operations for Water and Sewer Departments, and a record of all said connections shall be kept by the Director of Operations for Water and Sewer Departments. If any person constructs, installs, alters or repairs any building sewer or building sanitary sewer service connecting with a public sanitary sewer in the City of Beacon in violation of any section of this chapter or fails to give adequate notice to the Engineer for an inspection of the work, said Engineer and/or Director of Operations for Water and Sewer Departments may order all or any portion of said work to be uncovered for inspection and approval.
All excavations for building sewer installations shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the City.
If any person, after proper order or direction from the Engineer and/or Director of Operations for Water and Sewer Departments, fails to remedy any violation of this section or of any other section of this chapter, the Director of Operations for Water and Sewer Departments may disconnect the building sewer of the property where the violation exists from the public sanitary sewer and may collect the cost of making such disconnection from any person or persons responsible for or willfully concerned in or who profited by such violation of the requirements of this chapter.
No person shall discharge into any public sewer of the City of Beacon any waste, substance or waters other than such kinds or types of waters or water-carried wastes for the conveyance of which the particular public sewer is intended, designed or provided.
No person shall discharge or cause to be discharged any nonsanitary substance, including, but not limited to, stormwater, surface water, groundwater, roof runoff, subsurface drainage, cooling water, air-conditioning and refrigerating wastewaters or unpolluted industrial process water or any other similar discharge to any sanitary sewer. Any existing connection or discharge resulting in a nonsanitary discharge to the sanitary sewer shall be terminated.
Stormwater and all other unpolluted drainage or uncontaminated process water in excessive quantities may be discharged to such storm sewers as are specifically designed as storm sewers or to a natural outlet. Any discharges of cooling waters into state waters are required to apply for an SPDES permit. All of these discharges are subject to federal and state requirements.
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 liquids, solids or gases which, by themselves or combined with other substances, cause a fire or explosion or would be injurious in any other manner to the Beacon POTW or its operation. At no time shall two successive readings on an explosion-hazard meter at the point of discharge into the system (or at any point within the system) be more than 5% nor any single reading over 10% of the lower explosive limit (LEL) of the meter. The prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides, sulfides and any other substances for which the City, DEC or EPA has notified the user that the substance is a fire hazard or a hazard to the system.
Solid or viscous substances which may cause an obstruction or interference with the wastewater flow. These substances include, but are not limited to, grease, garbage with particles greater than 1/2 inch in any dimension, animal guts or tissue, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, wastepaper, wood, plastics, gas, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud or glass-grinding or polishing wastes.
Any wastewater that has a pH lower than 5.0 or higher than 9.0 or wastewater that may have any corrosive properties that may be damaging the operation, personnel or equipment belonging to the Beacon POTW.
Any wastewater containing heat in amounts which could inhibit biological activity in the treatment plant resulting in interference, but in no case containing heat in such quantities as to cause the influent temperature to the treatment plant to exceed 40º C. (104º F.).
Any noxious or malodorous gas, vapor or substance capable of creating a public or private nuisance.
Any wastewater containing toxic pollutants sufficiently, either alone or by interaction with other pollutants, that is capable of being a hazard to humans or animals, interfering with the operation of the Beacon POTW, creating a toxic effect in the receiving waters from the POTW or exceeding the limitation set forth in a categorical pretreatment standard. Toxic pollutants shall include, but not be limited to, any pollutant identified pursuant to Section 307(a) of the Act.
Any substance that may interfere with or prevent the proper disposal of any products produced at the Beacon POTW, such as sludges, residues or scums. In no case shall a substance discharged to the Beacon POTW be in noncompliance under guidelines set forth in Section 405 of the Act or guidelines regulating sludge use or disposal, including the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act and any state or local requirements applicable to the method of sludge use or disposal.
Any substance or substances which will cause the Beacon POTW to violate its SPDES permit or receiving water quality standards.
Any wastewater that has an objectionable color that cannot be removed in the wastewater treatment process, which includes, but is not limited to, dye wastes and vegetable tanning solutions.
Any slug loads of any pollutants, including oxygen-demanding pollutants, released at a concentration or flow rate that is known to be or suspected of being detrimental to operation or causing interference to the Beacon POTW.
Any wastewater containing radioactive wastes or isotopes that exceed any limits established by federal, state or local regulations.
Any wastewater deemed hazardous to human life or any wastewater that creates a public nuisance.
Local effluent limitations. In order to facilitate the proper and continuous operation of the Beacon POTW, discharge limitations for any person shall not be in excess of:
Exceptions to local limits. In determining whether any waste discharged or proposed to be discharged into any public sanitary sewer is to be excluded, consideration will be given to the quantity, time or times, rate and manner of discharge, dilution and character of the waste in question, the size of the sewer into which the waste is to be discharged, the probable quantity of sewage or other wastes likely in said sewer and other pertinent facts. Minute quantities of a waste which would be objectionable in larger quantity may be accepted if sufficiently diluted when and as discharged or if the quantity discharged is small as compared with the flow in the receiving sewer, but any permission to discharge greater quantities of a locally limited waste shall be subject to the approval of the Director of Operations for Water and Sewer Departments or the Wastewater Treatment Plant Operator. In no case will approval be granted to discharge wastewater containing pollutants that exceed the limitations set forth in any categorical pretreatment standard.
Excessive discharge or dilution. No user of the Beacon POTW shall in any way attempt to dilute a discharge as a complete substitute to meet the discharge limits imposed by NPDES, SPDES, categorical pretreatment standards or any other regulations imposed by federal, state or local authorities.
Accidental discharges. Every user shall provide, at his own expense, facilities designed to handle the accidental discharge of prohibited materials or other substances regulated by this chapter. The plans for the design of such facilities shall be submitted and approved by the City before the construction of the facility, and the designs must also meet any standards regulated by federal, state and local authorities. In case of an accidental discharge, the Beacon POTW must be notified by telephone immediately, and the user shall include the type of waste discharge, the amount (concentration and volume), the location of the discharge and corrective measures being taken. A detailed followup report, in writing, shall be submitted to the Beacon POTW within five days of an accidental discharge, indicating the cause of the discharge, corrective measures and future preventive measures that the user intends to implement. Users will be responsible for advising employees on the steps to be taken in case of a discharge, and users will be financially responsible for any damages caused by accidental discharges.
Federal categorical pretreatment standards. All industries that are subject to categorical pretreatment standards must comply with any limitations imposed by these standards. Any state or local standards which are more stringent will supersede the federal pretreatment standards. The Director of Operations for Water and Sewer Departments and/or the Wastewater Treatment Plant Operator will update affected industries on any relevant changes in the categorical standards.
Certificate of inspection required. Prior to any final decision from the Zoning Board of Appeals or Planning Board on any application for a special permit, site development plan, subdivision or variance, the applicant shall submit a current certificate of inspection issued by the City Building Inspector, City Engineer, or their duly authorized designee.
[Amended 10-3-2011 by L.L. No. 12-2011]
Waiver. After an inspection of the house, building or property by the City Building Inspector, City Engineer or their duly authorized designee, and upon a finding by the City Building Inspector, City Engineer, or their duly authorized designee that removal of an illegal connection or discharge to the sanitary sewer is not reasonably practical or possible due to the particular facts and circumstances presented, and upon the payment of a fee as established by the City Council of the City of Beacon and set forth in the Schedule of Fees for the City of Beacon, the City Building Inspector, City Engineer or their duly authorized designee may issue a waiver from removal of the illegal connection or discharge. Such waiver shall not be transferable to subsequent owners and shall be valid for one year from the date of its issuance. Renewal waivers may be issued upon request of the owner, and its issuance shall follow the same procedures as the issuance of the initial waiver. No waiver shall be granted if the illegal connection or discharge results in a nuisance or hazard on public rights-of-way and property owned by the City of Beacon.
[Amended 10-3-2011 by L.L. No. 12-2011]
The owner of a house, building or property situated within the City of Beacon shall cause an inspection to be made of the house, building or property prior to the submission of an application for any special permit, site development plan, subdivision or variance for the house, building and/or property by the Building Department, Planning Board, Zoning Board of Appeals or City Council of the City of Beacon.
Except where the City Building Inspector or City Engineer require a sworn certification from a licensed engineer or architect verifying whether the house, building or property has any roof drains, sump pump or other prohibited stormwater connections, groundwater connections or other sources of inflow or infiltration to the sanitary sewer system in violation of this chapter, the inspection shall be conducted by the City Building Inspector, City Engineer or their duly authorized designee. The inspection shall be conducted for the purposes of determining whether the house, building or property has any roof drains, sump pump or other prohibited stormwater connections, groundwater connections or other sources of inflow or infiltration to the sanitary sewer system in violation of this chapter.
Following the inspection and/or submittal of a sworn certification from a licensed engineer or architect, as required by the City Building Inspector or City Engineer, a certificate of inspection shall be issued by the City Building Inspector or City Engineer attesting to the existing conditions, describing with specificity the condition of the roof drains, sump pump, or other prohibited stormwater or groundwater connections or sources of inflow or infiltration found, or lack thereof.
The certificate of inspection shall contain the following information:
Date of inspection;
Address of the house, building or property to be transferred or occupied; and
A statement, signed by the house, building or property owner(s) and person performing the inspection, that the house, building or property has or does not have roof drains, sump pump or other prohibited stormwater and/or groundwater connections and/or sources of inflow or infiltration to the sanitary sewer system in violation of this chapter.
Except as provided in § 179-6C, any illegal connection or discharge into the sanitary sewer system shall be remedied within 30 days of the issuance of a certificate of inspection which states that the house, building or property contains an illegal connection or discharge into the sanitary sewer system.
It shall be a violation of this chapter for any person to reconnect roof drains, sump pumps or any other source of prohibited stormwater and/or groundwater discharges to the sanitary sewer system and/or to construct or alter a lateral or other sewer line in such manner as to cause infiltration or inflow to the sanitary sewer system.
The certificate of inspection shall be maintained in the Building Department's files and provided to subsequent property owners upon request.
A certificate of inspection issued pursuant to this chapter shall expire 90 days after its execution.
Failure to obtain a certificate of inspection as required shall be a violation of this chapter, and the owner shall immediately cause an inspection to be made of the house, building or property by the City Building Inspector, City Engineer or their duly authorized designee.
Connections to, alterations to or repairs to any public sewer or the manholes or other appurtenances of said sewer system in the City of Beacon shall not be made by any person other than a licensed plumber of the City of Beacon and personnel of the Sewer Department of the City of Beacon.
No unauthorized person shall open the cover of, enter or alter any manhole or other appurtenance of any public sewer or place or insert in any public sewer or its appurtenances any foreign material which said sewer or its appurtenances were not intended to receive; nor shall any person damage, destroy, uncover, deface or tamper in any way with any public sewer or its appurtenances without first obtaining a written permit from the Superintendent. Any person violating this provision of this chapter may be subject to civil and/or legal action.
The following charges and fees may be adopted by the Beacon POTW and include:
Fees for initiating and operating the Beacon pretreatment program.
Fees for monitoring and inspecting users.
Fees for reviewing and approving the designs of accidental discharge facilities.
Fees for permit applications.
Fees for filing appeals.
Fees for removal of pollutants otherwise subject to categorical pretreatment standards.
Any other fees deemed necessary by the City in order to properly maintain the Beacon POTW.
These fees only apply to this chapter and are separate from all other charges and fees administered by the City of Beacon.
In addition to any other fees or charges provided by law, the owner of any parcel of real property served by the sewer system, including but not limited to real property connected with the sewer system by means of a private sewer or drain emptying into the sewer system, shall pay a sewer rent. Such rent is hereby fixed at an amount equal to the percentage of the charge made for the water supplied to such real property as fixed by the annual City budget.
It shall be unlawful to discharge any material into the City sewer or in any area within the jurisdiction of the City without a City permit, except as authorized by the Superintendent.
Permit application. All significant users, as deemed by the Superintendent, must obtain a wastewater contribution permit. All existing significant users must obtain a permit within 180 days of the effective date of this chapter. Any significant industrial user proposing to connect or contribute to the sewer shall apply for a permit at least 90 days prior to connection. The permit application shall include the following information supplied by the industrial user:
Name, address and location.
Standard Industrial Classification number according to the SIC Manual, Bureau of Budget.
Sampling and analysis of substances, including but not limited to pollutants mentioned in § 179-4 of this chapter. Sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR 136, as amended.
Average daily and thirty-minute peak wastewater flow rates, including flow variations and dates.
Plans of the user, including all sewers, sewer connections and relative location and elevation.
Description of plant processes occurring, including a list of substances which are or could be discharged.
If known, the nature and concentration of any pollutants in the discharge which are limited by federal, state or local pretreatment standards, whether the standards are being met and what additional steps the user is taking to meet these standards if the user is violating the standards.
If additional pretreatment is required to meet pretreatment standards, the following compliance schedule will be used:
The schedule shall contain increments of progress that a user shall abide by. This should be in the form of completion dates for the major events leading to the construction and operation of additional pretreatment requirements for the user. Any delays or failures to meet the compliance schedule should be noted and explained by the user.
The schedule increments shall not exceed six months.
Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the Superintendent, including, as a minimum, whether or not the user complied with the increment of progress for that date and, if not, the steps being taken to return to schedule.
Products produced, including type, amount, process and rate of production.
Type and amount of raw materials processed and/or stored by the user.
Number and type of employees on each shift, the hours for each shift and hours of plant and pretreatment operations.
Any additional information deemed necessary to evaluate permit conditions.
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 Subsection A of this section, the user shall apply for a wastewater contribution permit within 180 days after the promulgation of the applicable categorical pretreatment standard. In addition, the user with an existing wastewater contribution permit shall submit to the Director of Operations for Water and Sewer Departments, within 180 days after the promulgation of an applicable categorical pretreatment standard, the information required by Subsection A(7) and (8) of this section.
Permit conditions. Wastewater contribution permits issued by the City may contain the following conditions and fees:
Unit charges and fees for the discharge of wastewater to the sewage system.
Limits on the average and maximum rate and time of discharge or requirements for flow regulations and equalization.
Requirements for the installation and maintenance of monitoring and inspection facilities.
Specifications for monitoring programs, including amount of sampling, location, types and standards for tests and reporting schedule.
Requirements for submission of technical reports and/or discharge reports.
Requirements for keeping wastewater records.
Requirements for notification of change in type of process, volume of wastewater introduced or character of the wastewater constituents.
Requirements for notification of slug discharges.
Any other requirements deemed appropriate by the City to ensure compliance with this chapter.
Permit duration. Permits shall be issued for a time period not to exceed five years. The user shall reapply for a permit at a minimum of 180 days prior to the expiration of the user's existing permit. The permit is subject to modifications, and the user will be notified in writing at least 30 days prior to any changes in the permit. A reasonable time schedule for compliance will be allowed for any changes or new conditions in the user's permit.
Transfer of permit. Any wastewater permit issued by the City shall not be transferred or sold to a new owner, new user or new or changed operation.
Permit reporting requirements.
Within 90 days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to pretreatment standards and requirements shall submit to the Director of Operations for Water and Sewer Departments a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the user facility which are limited by such pretreatment standards or requirements. The report shall state whether the pretreatment standards are consistently being met and, if not, what additional pretreatment is necessary for the user to be in compliance. The report shall be signed by an authorized representative of the industry and will be professionally certified.
Any user subject to a pretreatment standard shall submit to the Director of Operations for Water and Sewer Departments, in the months of June and December, a report indicating the nature and concentration of pollutants that are limited by such pretreatment standards, as well as a record of daily flows during the reporting period. The Director of Operations for Water and Sewer Departments shall be able to alter the months that the monitoring reports are due, require more frequent testing to occur, require a mass limitation on users which are known or are suspected of diluting samples and require any additional information necessary to ensure compliance by all industrial users. All analysis submitted by users shall be performed following the regulations set forth in Section 304(g) of the Act and contained in 40 CFR 136 and amendments thereto or with any other test procedures approved by the Superintendent.
Any user shall provide, at his expense, monitoring facilities for the sampling, inspection and measurement of flow. These facilities should be located on the user's premises but can be located nearby, if a location is deemed physically or economically impractical, with the permission of the Superintendent. Ample room shall be allowed so that accurate samples can be taken. The facility shall meet all City and local construction requirements and shall be completed within 90 days of written notification by the City.
Monitoring facilities shall be inspected by the City to ensure that compliance is being met by the user. Persons or occupants of premises where wastewater is created or discharged shall allow representatives of the City, EPA, DEC and the Dutchess County Department of Health ready access at all reasonable times to all parts of the premises for the purposes of inspection, monitoring, sampling, examination and/or copying of discharge records or in the performance of any of their duties. Where a user has security measures that require proper identification, the user shall make the necessary arrangements so that, upon presentation of suitable identification, the City, Dutchess County Department of Health, DEC or EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.
Users shall provide the necessary treatment of wastewater according to standards set forth in this chapter and shall comply with all SPDES, NPDES and/or all categorical pretreatment standards. Any facility that is required to pretreat wastewater shall be provided, operated and maintained by the user. Detailed plans of the design of the pretreatment facility shall be submitted to the City for review and shall be approved by the City before construction of the facility begins.
The user will be responsible for producing effluent from pretreatment that is acceptable under the provisions of this chapter. Any changes in the pretreatment facilities or method of operation shall be reported to the POTW and acceptable to the City prior to the initiation of changes.
A list of the users violating any pretreatment requirements or standards of the Beacon POTW shall be annually published in the Poughkeepsie Journal newspaper. One violation by the users in the last year shall be the minimum requirement for publishing. Civil and legal actions, as well as corrective measures, shall also be included in the publication.
Any information provided by a user shall be made available for the public unless the user specifically requests the information to be confidential. The user shall demonstrate to the satisfaction of the City that the information would divulge a trade secret or other confidential practice that warrants protective measures.
Information deemed confidential shall not be made available to the public but shall be available upon written request for governmental agencies representing this chapter, NPDES and SPDES pretreatment programs and/or for judicial matters. The user shall be given 10 days' written notification before any confidential information is released to governmental agencies. Wastewater constituents and characteristics will not be considered confidential information.
Emergency powers. Any discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, in the opinion of the City, shall be immediately halted, using whatever steps are deemed necessary.
Any user that discharges materials which are or may be harmful to the environment, causes interference with the operations of the POTW or causes the City to violate any NPDES or SPDES permit conditions, in the opinion of the City, may have his wastewater treatment service and/ or his wastewater contribution permit suspended.
Any person notified of a suspension of the wastewater treatment service and/or wastewater contribution permit shall immediately stop or eliminate the contribution. Failure to voluntarily comply with the suspension shall result in action taken by the City, as deemed necessary, to discontinue the contribution, including immediate severance of the sewer connection. Service to the POTW will be reinstated when the City determines that the discharges comply with all permit and pretreatment requirements. A detailed written report describing the causes of the harmful contribution and the steps taken to prevent any further occurrences shall be submitted to the City within 15 days of the occurrence.
Permit suspension. Any user that violates any of the following conditions may have his permit revoked by the City:
Failure by the user to factually report the characteristics and constituents of his discharge.
Failure by the user to notify the City of significant changes in operations or discharge characteristics and constituents.
Denial by user of reasonable access to the user's premises for inspection or monitoring purposes.
Permit condition violation(s).
Illegal discharge of roof drains, sump pump, or other sources of stormwater and/or groundwater into the sanitary sewer.
City notification. Any user found to be in violation of this chapter, permit conditions or other federal, state or local standards may be notified by the City by certified mail, indicating the nature of the violation. The user shall then submit a plan for the correction of the violation within 30 days of notification.
The City shall have the right to order any user that has committed a violation, as defined in Subsection D of this section, to show cause before the City Council why the proposed enforcement action should not be taken. The user shall be notified by certified mail at least 10 days in advance and shall be notified about the location, date and time of the hearing.
Testimony at the hearing will be taken under oath and recorded stenographically. Transcripts will be made available to the general public.
After the hearing, the City Council shall be able to issue orders and directives that the user must follow. The City Council shall be able to discontinue sewer service to the user unless the orders and directives are followed.
Legal action. The City Attorney shall have the right to initiate legal action against any person who violates the provisions set forth in this chapter and/or applicable federal, state and local standards.
Any person who shall violate any provision of this chapter shall be liable to a penalty as provided in § 1-3, General penalty, except that the penalty shall be increased to an amount not exceeding $1,500 upon a second and subsequent convictions for a violation of this chapter. Each day that any violation of these regulations continues and each day that any person continues to discharge prohibited wastes or substances into any public sewer shall be deemed to be a separate offense for the purpose of applying the penalty provided in this section.
Any person who knowingly makes false statements, representations or certifications of any document required to be maintained pursuant to this chapter or tampers with or renders inaccurate any monitoring device or method shall be, upon conviction, subject to a penalty as provided in § 1-3, General penalty.
If a violation of this chapter is found, the City may require any house, building or property to be reinspected yearly for up to three years.
In addition to any other fees or charges provided by the law, the owner of any parcel of real property served by the sewer system, including but not limited to real property connected with the sewer system by means of a private sewer or drain emptying into the sewer system, shall pay a sewer rent. Such rent is hereby fixed at an amount equal to the percentage of the charge now made or hereafter made for water supplied to any real property as fixed by the annual City budget.
Upon the finding by the City Building Inspector, City Engineer or their duly authorized designee of a violation of this chapter pertaining to illegal connections or discharges into the sanitary sewer in a manner that causes inflow or infiltration and upon the failure of the owner to make the necessary corrections within 30 days after written notice of such violation from the City, the house, building or property shall be assessed a one-time surcharge in an amount not to exceed five times the house, building or property's average quarterly sewer bill over the preceding 12 months.
A surcharge of $100 per month shall be added to every sewer bill to property owners who have been notified by the City of an illegal connection or discharge into the sanitary sewer and have not made necessary corrections within 30 days after notice by the City or obtained a waiver pursuant to § 179-6C. The surcharge shall be added every month thereafter until the property is brought into compliance as verified by the City Building Inspector, City Engineer or their duly authorized designee. For the purposes of this subsection, the surcharge shall be $200 per month for a repeat offender.
If any provision of this chapter, or the application thereof to any person or circumstance, is held invalid, the remainder of this chapter, and the application of such provision to other persons or circumstances, shall not be affected thereby.