A.
The purpose of this chapter is to regulate the use of
public and private sewers and drains, private sewage and industrial waste
disposal, the installation and connection of building sewers and discharge
of waters and waste into the public sewer systems of the Village of Endicott,
hereinafter referred to as the "Village," and provide penalties for the violation
thereof.
B.
This chapter sets forth uniform requirements for direct
and indirect contributions into the wastewater collection and treatment system
for the Village and enables the Village to comply with all applicable State
and Federal laws required by the Clean Water Act of 1977 and the General Pretreatment
Regulations (40 CFR 403). The objectives of this chapter are to:
(1)
Prevent the introduction of pollutants into the wastewater
collection system which will interfere with the operation of the POTW or contaminate
the resulting sludge;
(2)
Prevent the introduction of pollutants into the wastewater
collection system which will pass through the POTW, inadequately treated,
into receiving waters or the atmosphere or otherwise be incompatible with
the POTW;
(3)
Improve the opportunity to recycle and reclaim wastewaters
and sludge from the POTW; and
(4)
Provide for equitable distribution of the cost of the
municipal wastewater POTW.
C.
This chapter provides for the regulation of direct and
indirect contributors to the Village's wastewater collection system through
the issuance of 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 customer's
capacity will not be preempted, and provides for the setting of fees for the
equitable distribution of costs resulting from the program established herein
A.
ACT or THE ACT
APPROVAL AUTHORITY
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER
(1)
(a)
(b)
(c)
(2)
B.O.D. (denoting "biochemical oxygen demand")
BUILDING DRAIN
BUILDING SEWER
COOLING WATER
DISCHARGE PERMIT
DRAINAGE WATER
ENGINEER
GARBAGE
GROUNDWATER
INDIRECT DISCHARGE
INDUSTRIAL WASTE
INTERFERENCE
(1)
(2)
(a)
(b)
(c)
(d)
(e)
LABORATORY DETERMINATION
LEACHATE
MONITORING AND ENFORCEMENT GROUP
NATIONAL CATEGORICAL PRETREATMENT STANDARD
NATIONAL PRETREATMENT STANDARD OR PRETREATMENT STANDARD
NATURAL OUTLET
NEW SOURCE
(1)
(2)
(3)
NPDES PERMIT
NPDES STATE
NYSDEC
NORMAL SEWAGE
OTHER WASTES
OWNER
PART (as used in relation to the term "sewer system") -
PASS-THROUGH
PERSON, ENTERPRISE, ESTABLISHMENT, or OWNER
pH
PLUMBING CODE
PLUMBING INSPECTOR
POLLUTANTS
POTW
PRETREATMENT
PRETREATMENT REQUIREMENTS
PRIVATE SEWER
PROPERLY SHREDDED GARBAGE
PUBLIC SEWER
SANITARY or DOMESTIC SEWAGE
SEPTAGE
SEWAGE
SANITARY SEWER
SEWER FUND
SEWER SYSTEM, SEWAGE WORKS, or SEWERAGE SYSTEM
SEWAGE TREATMENT PLANT
SIGNIFICANT INDUSTRIAL USER
(1)
(2)
SIGNIFICANT NONCOMPLIANCE (SNC)
(1)
(a)
(b)
(c)
(d)
(2)
(3)
(4)
(5)
SLUG DISCHARGE
SPECIAL PERMIT
SPDES PERMIT
STORM SEWER or STORM DRAIN
STORMWATER
SUPERINTENDENT OF PUBLIC WORKS
SUPERINTENDENT OF PUBLIC WORKS AND/OR PLUMBING INSPECTOR
SUPERINTENDENT OF SEWAGE TREATMENT PLANT
SURFACE WATER
SUSPENDED SOLIDS
USEPA
USER
VILLAGE
VILLAGE TREASURER
WASTEWATER
WATERCOURSE
Unless the contents specifically indicate otherwise,
the meanings of words, terms and phrases used in this chapter shall be as
follows:
The Federal Water Pollution Control Act, also known as the "Clean
Water Act" as amended.
The Director in an NPDES-state with an approved state pretreatment
program or the appropriate regional administrator of the USEPA in a non-NPDES
state or NPDES-state without a USEPA-approved state pretreatment program.
For signatory requirements, an authorized representative may be:
A responsible corporate officer. A responsible corporate officer means
a president, vice president, secretary or treasurer of the corporation in
charge of a principal business function, or any other person who performs
similar policy or decision making functions for the corporation, or the manager
of one or more manufacturing, production or operating facilities employing
more than 250 persons or having annual gross sales or expenditures exceeding
$25 million (in second quarter 1980 dollars), if authority to sign documents
has been assigned or delegated to the manager in accordance with corporate
procedures.
A general partner or proprietor, if the industrial user submitting required
papers is a partnership or sole proprietorship respectively.
A duly authorized representative of individuals noted in Subsections (1)(a) and (b), if: the authorization is made in writing by the individual described in Subsection (1)(a) or (b) of this section, the authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the superintendent, or a position of equivalent responsibility, or having equal responsibility for environmental matters for the company, and the written authorization is submitted to the control authority.
If an authorization under Subsection (1)(c) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of Subsection (1)(c) of this section must be submitted to the control authority prior to or together with any reports to be signed by an authorized representative.
The quantity of oxygen utilized in the biochemical oxidation of organic
matter under standard laboratory procedures for five days at 20° C., expressed
in parts per million by weight or milligrams per liter (mg/l).
That part of the lowest horizontal piping of the drainage system
which receives the discharge from soil, waste, and other drainage pipes inside
the walls of the building and conveys it to the building sewer beginning five
feet outside the inner face of the building wall, and shall mean and include
a house sewer or a private sewer.
The extension from the building drain to the public sewer or to an
existing extension from a public sewer when available.
The water discharge from any system of condensation, air conditioning,
cooling refrigeration, or other, but which shall be free from odor and oil.
It shall contain no polluting substances which would produce B.O.D. or suspended
solids each in excess of 10 parts per million by weight.
A permit issued by the Superintendent of Public Works to an industry
authorizing the discharge of industrial wastes into the public sewer system.
Copies shall be kept on file in the offices of the Village of Endicott.
Stormwater, surface water, or groundwater, which is or has been conveyed
from its original source.
A licensed New York State professional engineer employed by or hired
as a consultant by the Village of Endicott.
Solid wastes from the preparation, cooking, and dispensing of food
and from the handling, storage, and sale of produce.
Water within the earth.
The discharge or the introduction of nondomestic pollutants from
any source regulated under Section 307 (b), (c), or (d) of the Act into the
wastewater treatment facility, including holding tank waste (leachate, septic
tank waste, etc.) discharged into the system.
Any liquid, gaseous, solid, or other waste substance or a combination
of thereof resulting from any process of industry, manufacturing, trade, or
business or from the development or recovery of any natural resources, whether
pretreated or not.
A discharge which, alone or in conjunction with a discharge or discharges
from other sources, both:
Inhibits or disrupts the POTW, its treatment processes or operations,
or its sludge processes, use or disposal; and
Therefore is a cause of a violation of any requirement of the POTW's
SPDES permit (including an increase in the magnitude or duration of a violation)
or of the prevention of sewage sludge use or disposal by the POTW in accordance
with the following statutory provisions and regulations or permits issued
thereunder (or more stringent state or local regulations):
Section 405 of the Clean Water Act;
SWDA) (including Title II, more commonly referred to as the "Resource Conservation and Recovery Actvation and Recovery Act - RCRA"), and including state regulation contained in any state sludge management plan prepared pursuant to Subtitle D or the SWDA);
Clean Air Act;
Toxic Substances Control Act; and
Marine Protection, Research and Sanctuaries Act.
The measurements, tests and analyses of the characteristics of waters
and wastes in accordance with the methods specified in 40 CFR 136, or equivalent
methods approved by USEPA.
Any solid waste in the form of a liquid, including any suspended
components in the liquid, which results from contact with or passage through
solid waste.
A staff of technicians headed by the Superintendent of Public Works,
who are responsible for administering the industrial/commercial self-monitoring
program, determining compliance with pretreatment standards and establishing
applicable charges and surcharges to industrial and commercial users.
Any regulation containing specific pollutant discharge limits promulgated
by the USEPA in accordance with Section 307(b) and (c) of the Clean Water
Act, which applies to specific categories of industries as determined by the
industries' Standard Industrial Classification Code.
Any regulation containing pollutant discharge limits applicable to
industrial users, including categorical pretreatment standards and the local
limits and prohibited discharge standards developed to implement the general
and specific prohibitions found in 40 CFR 403.5.
Any outlet into a watercourse, pond, ditch, lake, or other body of
surface or ground water.
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 a proposed pretreatment standard under Section 307
(c) of the Clean Water Act, which will be applicable to such source if such
standards are thereafter promulgated, in accordance with that section, provided
that any of the criteria identified below are met:
The building, structure, facility, or installation is constructed at
a site at which no other source is located: or
The building, structure, facility, or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source; or
The production or wastewater-generating processes of the building, structure,
facility, or installation are substantially independent of an existing source
at the same site. In determining whether these are substantially independent,
factors such as the extent to which the new facility is integrated with the
existing plant and the extent to which the new facility is engaged in the
same general type of activity as the existing source should be considered.
National Pollutant Discharge Elimination System permit issued pursuant
to Section 402 of the Act.
A state which has a USEPA-approved NPDES permit program.
The New York State Department of Environmental Conservation.
Sewage shall be regarded as normal for the Village if analyses show,
by weight, a daily average of not more that 400 parts per million of suspended
solids, not more than 300 parts per million of B.O.D., not more than 50 parts
per million of ether soluble matter (grease or oil) each per million gallons
of daily flow, no prohibited discharges, and no other constituents in excess
of the limits stipulated in this chapter.
Prohibited discharges such as garbage, refuse, decayed wood, sawdust,
shavings, bark, sand, lime, cinders, ashes, offal, tar, and all other discarded
matter which is not sewage or industrial waste.
The owner of record of the freehold of the premises or lessor 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.
Includes all lateral sewers, or all branch sewers or all interceptor
sewers, or all trunk sewers, and any sewage treatment disposal works, each
part with necessary appurtenance including sewage pumping stations.
A discharge which exits the POTW into waters of the United States
in quantities or concentrations which, alone or in conjunction with a discharge
or discharges from other sources, is a cause of a violation of any requirement
of the POTW's SPDES permit (including an increase in the magnitude or
duration of a violation).
Any individual, firm, company, association, society, corporation
or group using the sewage works or system.
The logarithm (base ten) of the reciprocal of the concentration of
hydrogen ions expressed in moles per liter of solution. It is used to indicate
the concentrations of free acid and free alkali.
The provisions of the New York State Uniform Fire Prevention and
Building Code applicable to plumbing.
The Plumbing Inspector of the Village.
Any substance, which may not normally be present in natural water
or a substance which may be potentially toxic or otherwise objectionable.
This particularly includes, but is not limited to any dredged spoil, solid
waste, incinerator residue, sewage and 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 publicly owned treatment works, as defined by Section 212 of
the Act, which includes the public sewer, pumping station and sewage treatment
plant.
The reduction of the amount of pollutants, the elimination of pollutants,
or the alteration of the nature of pollutants in the wastewater to render
them less toxic prior to, or in lieu of; discharging or otherwise introducing
such pollutants into the POTW. The reduction or alteration of pollutants can
be obtained by physical, chemical or biological processes, process changes
or by other means, except as prohibited by 40 CFR 403.6(d).
Any substantive or procedural requirement related to pretreatment,
other than a national pretreatment standard imposed on an industrial user.
A building sewer and connection or other sewer not controlled by
a municipality or other public authority.
The garbage that has been shredded to such a degree that all particles
will be carried freely under the flow conditions normally.prevailing in public
sewers, with no particle greater than 1/2 inch in any dimension.
A sanitary sewer in which all owners of abutting properties have
equal rights and which is controlled by public authority under this chapter.
Sewage discharging from the sanitary conveniences of dwellings, including
apartment houses and hotels, office buildings, factories, or institutions,
and free from storm and surface waters and industrial wastes.
All liquids and solids in and removed from septic tanks, holding
tanks, cesspools, or approved types of chemical toilets, including but not
limited to those serving private residences, commercial establishments, institutions,
and industries. Also sludge from small sewage treatment plants.
See "wastewater."
A pipe or conduit for carrying sewage and to which storm, surface
and ground waters are not intentionally admitted.
The Endicott Joint Waste Pollution Control bank account maintained
by the Village of Endicott for the benefit of all parties in the sewer service
area.
All sewer pipes and other appurtenants which are used or useful in
whole or part in connection with the collection, treatment or disposal of
sewage, industrial waste, and other wastes and which are owned, operated or
maintained by the Village of Endicott individually or jointly with the Town
of Union, Broome County, New York, including sewage pumping stations and sewage
treatment and disposal works.
Any arrangement of devices and structures used for treating sewage
as owned by the Village of Endicott.
All industrial users subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter 1, Subchapter N; and
Any other industrial user that discharges an average of 25,000 gallons
per day or more of process wastewater to the POTW (excluding sanitary, noncontact
cooling water and boiler blowdown wastewater); contributes a process waste
stream which makes up to 5% or more of the average dry weather hydraulic or
organic capacity of the POTW treatment plant; or is designated as such by
the control authority as defined in 40 CFR 402.12(a) on the basis that the
industrial user has a reasonable potential for adversely affecting the POTW's
operation or for violating any pretreatment standard or requirements in accordance
with 40 CFR 403.8(f)(6).
A violation, which meets one or more of the following criteria:
Violations of wastewater discharge limits:
Chronic violations. Sixty-six percent or more of the measurements exceed
the same daily maximum limit or the same average limit in a six-month period
(any magnitude of exceedance).
Technical review criteria (TRC) violation. Thirty-three percent or more
of the measurements exceed the same daily maximum limit or the same average
limit by more than the TRC in a six-month period.
Any other violation(s) of effluent limit (average or daily maximum)
that the control authority believes has caused, alone or in combination with
other discharges, interference or pass-through or endangered the health of
the sewage treatment personnel or the public.
Any discharge of a pollutant that has caused imminent endangerment to
human health/welfare or to the environment and has resulted in a POTW's
exercise of its emergency authority to halt or prevent such a discharge.
Violations of compliance schedule milestones contained in a local control
mechanism or enforcement order for starting construction, completing construction,
and attaining final compliance by 90 days or more after the scheduled date.
Failure to provide reports for compliance schedules, self-monitoring
data or categorical standards (baseline monitoring reports, ninety-day compliance
reports, and periodic reports) within 30 days from the due date.
Failure to accurately report noncompliance.
Any other violation or group of violations that the Village considers
to be significant.
A wastewater discharge which has a flow rate or which contains a
regulated pollutant concentration or mass quantities of pollutants that exceed,
for more than 15 minutes, five times the average daily flow, pollutant concentration
or pollutant loading during normal operation.
A conditional permit issued by the Superintendent of Public Works
to an industry or other establishment authorizing the discharge of unpolluted
waters or other prohibited wastes into the public sewer system. Copies shall
be kept on file in the offices of the Village of Endicott.
A State Pollution Discharge Elimination System permit issued by the
New York Department of Environmental Conservation to an industry or POTW authorizing
the discharge of wastewaters therefrom into the waters of the State of New
York.
A pipe or conduit, which carries storm and surface water and drainage,
but excluding sewage and industrial wastes. It may, however, carry cooling
water or unpolluted waters.
Any flow occurring during or following any form of natural precipitation
and resulting therefrom.
The Superintendent of Public Works of the Village responsible for
the operation and maintenance of the sewage treatment plant under the provisions
of the Environmental Conservation Law and the SPDES permit issued to the Village
thereunder.
Superintendent of Public Works of the Village or his authorized deputies,
agents, or representatives.
The Superintendent and/or his authorized deputies, agents, or representatives.
Any water produced naturally or otherwise which is on the ground
surface.
Those solids that either float on the surface of or in suspension
of water, sewage or other liquids and which are removable by laboratory filtration.
The United States Environmental Protection Agency.
Any person, who contributes, causes or permits the contribution of
wastewater into the Village's POTW.
The Village of Endicott, in the county of Broome, State of New York.
The Treasurer of the Village of Endicott.
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 channel in which a natural flow of water occurs, either continuously
or intermittently.
B.
Word usage. "Shall" is mandatory, "may" is permissive.
A.
No portion of this chapter shall be construed to interfere
with or modify the requirements of design, inspection and approval which are
imposed by the appropriate federal, state and local agencies.
B.
Further, there shall be no discharge or disposal of any
pollutant by any person into the sewer system except in compliance with federal
standards promulgated pursuant to the 1972 Federal Water Pollution Control
Act Amendments, the 1977 Clean Water Act, USEPA General Pretreatment Regulations,
and USEPA National Categorical Standards.
C.
Nothing contained in this chapter shall be deemed to
relieve any person of the duty and responsibility of complying with the provisions
of the New York State Uniform Fire Prevention and Building Code as such Code
is applicable to plumbing.
It shall be unlawful for any person to place, deposit or permit to be
placed or deposited in any unsanitary manner upon public or private property
within the Village, or in any area under jurisdiction of the Village, any
human or animal excrement, garbage or other objectionable waste.
A.
Where a public sanitary sewer is not available under the provisions of § 200-7, the owner, at his expense, shall connect the sewer to an approved private sewage disposal system. Said sewage disposal system shall be approved by the Broome County Health Department prior to construction and shall be operated and maintained at the owner's expense in a continuous and effective manner.
B.
At such time as a public sewer becomes available to property served by a private sewage disposal system as provided in Subsection A, the owner shall, at his own expense, provide a direct connection to the public sewer in compliance with this chapter within 90 days of notification, and any septic tanks, cesspools or other private sewage disposal facilities shall be abandoned for sanitary use unless otherwise approved by the Superintendent.
It shall be unlawful to discharge to any natural outlet within the Village
or in any area under the jurisdiction of the Village any sanitary sewage,
industrial wastes or other polluted waters, except where suitable treatment
has been provided in accordance with the provisions of this chapter, federal
law and regulations of the New York State Department of Environmental Conservation.
The owner of all houses, buildings or property used for human occupancy,
employment, recreation or other similar purposes, situated within the Village
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 Village is
hereby required, at his expense, to install and maintain 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 the
date of official notice from the Plumbing Inspector to do so, provided that
said public sewer is within 150 feet of the property line.
No unauthorized person shall maliciously, willfully or negligently break,
damage, destroy, uncover, deface, or tamper with any structure, appurtenance
or equipment which is a part of the public sewage works. Any person violating
these provisions shall be subject to immediate arrest.
