[Adopted 1-16-1984; amended in its entirety8-19-2002]
A. 
Unless the context specifically indicates otherwise, the meaning of terms used in this article shall be as follows:
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 NYDEC if New York State acquires an approved state pretreatment program and the Region II USEPA administrator if it does not.
BOD (denoting biochemical oxygen demand)
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20º C, expressed in milligrams per liter.
BUILDING DRAIN
That part of the lowest horizontal piping of a drainage system which receives 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
The extension from the building drain to the public sewer or other place of disposal.
CATEGORICAL STANDARDS
National Categorical Pretreatment Standards.
CITY
City of Jamestown, New York.
COD (denoting chemical oxygen demand)
The amount of oxygen required for complete chemical oxidation of organics and oxidizable inorganics in a liquid.
COMBINED SEWER
A sewer receiving both surface runoff and sewage.
CONTROL AUTHORITY
The approval authority, defined herein, or the General Manager of the Board of Public Utilities if the City has an approved pretreatment program under the provisions of 40 CFR 403.11.
COOLING WATER
The water discharged from any system of condensation, air conditioning, cooling, refrigeration or other sources. It shall contain no polluting substances which would produce BOD or SS, each in excess of 10 parts per million (ppm) by weight, or deleterious substances, as limited in § 240-23F of these regulations.
COUNTY HEALTH DEPARTMENT
The Chautauqua County Health Department.
DEC or NYDEC
The New York State Department of Environmental Conservation.
DIRECT DISCHARGE
The discharge of treated or untreated wastewater directly to the waters of the State of New York.
EPA or USEPA
The United States Environmental Protection Agency.
EFFLUENT
Wastewater, after some degree of treatment, flowing out of any treatment device or facilities.
GARBAGE
Solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.
GENERAL MANAGER
The General Manager of the Board of Public Utilities and/or of Water Pollution Control of the City of Jamestown, or his authorized deputy, agent or representative.
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.
HEALTH COMMISSIONER
The Chautauqua County Health Commissioner.
HEARING BOARD
That Board appointed to the provisions of § 240-31.
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 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).
INDUSTRIAL WASTES
Those liquid wastes from industrial manufacturing processes, trades or businesses which possess characteristics significantly different than normal sanitary sewage.
INDUSTRY
Any establishment which uses water in a product or generates a wastewater during the manufacturing of a product or the rendering of a service where such service results in the creation of a wastewater which differs substantially in character from normal domestic sewage.
INTERFERENCE
The inhibition or disruption of the POTW treatment processes or operations or which contributes to a violation of any requirement of the City's SPDES permit. The term includes prevention of sewage sludge use or disposal by the POTW in accordance with 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 Title IV of SWDA) applicable to the method of disposal or use employed by the POTW.
NATIONAL CATEGORICAL 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.
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake or other body of surface or groundwater.
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) (33 U.S.C. § 1317) of the Act which will be applicable to such source if such standards are therefore promulgated in accordance with that section, provided that:
(1) 
The building, structure, facility, or installation is constructed at a site at which no other source is located; or
(2) 
The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source, or
(3) 
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 into 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.
PASS-THROUGH
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 City’s NPDES permit, including an increase in the magnitude or duration of a violation.
[Added 12-21-2009]
PERSON
Any individual, firm, company, association, society, corporation or group.
pH
The negative logarithm to the base 10 of the molar concentration of hydrogen ions in solution. It indicates the intensity of acidity and alkalinity of the pH scale running from zero to 14. A pH value of seven represents neutrality. Values above seven indicate alkalinity, and those below seven represent acidity.
POLLUTANTS
May be so defined now or hereafter by appropriate local, state or federal authorities or by the Commissioner as substances which may be present in wastewater, whether gaseous, liquid or solid, the amount of which may contain soluble or insoluble material of organic or inorganic nature which may deplete the dissolved oxygen content of natural waters, contribute solids, contain oil, grease or floating solids which may cause unsightly appearance on the surface of such waters, or contain materials detrimental to aquatic life.
PREMISES
Any parcel of real property including land, improvements or appurtenances, such as buildings, grounds, etc.
PRETREATMENT
The treatment of wastewater from sources before introduction into the sewage treatment works.
PRETREATMENT STANDARDS or STANDARDS
Prohibited discharge standards, categorical pretreatment standards, and local limits.
[Added 12-21-2009]
PRIORITY POLLUTANTS
A list of substances which the USEPA considers to be of environmental concern.
PROPERLY SHREDDED GARBAGE
The wastes from the preparation, cooking and dispensing of food that have 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 (1.27 centimeters) in any dimension.
PUBLIC 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. The 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 article, "POTW" shall also include any sewers that convey wastewaters to the POTW from persons outside the City who are, by contract or agreement with the City, users of the City's POTW.
PUBLIC SEWER
A sewer in which all owners of abutting properties have equal rights and is controlled by public authority.
SANITARY SEWAGE
Wash water, culinary wastes and liquid waste containing only human excreta and similar matter, flowing in or from a building drainage system or sewer originating in a dwelling, business building, factory or institution.
SANITARY SEWER
A sewer which carries sanitary sewage and/or industrial wastes to which storm-, surface and groundwaters are not intentionally admitted.
SEWAGE
A combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground-, surface and stormwaters as may be present.
SEWAGE TREATMENT PLANT
Any arrangement of devices and structures used for treating sewage.
SEWAGE WORKS
All facilities for collecting, pumping, treating and disposing of sewage.
SEWER
A pipe or conduit for carrying sewage.
SEWER SYSTEM
All sewers, laterals or other connections or plants which connect with or pertain to a connection with the sewers, plants, public works and/or projects of the Department.
SIGNIFICANT INDUSTRIAL USER
Any industrial user of the POTW's wastewater disposal system who:
[Amended 12-21-2009]
(1) 
Is subject to federal categorical pretreatment standards;
(2) 
Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater) or discharges 5% or more of the dry weather flow or organic capacity of the POTW;
(3) 
Uses on an annual basis, more than 10,000 pounds or 1,000 gallons of raw material containing priority pollutants/substances of concern and discharges a measurable amount of these pollutants to the sewer system from the process using these pollutants; or
(4) 
Is found by the City, NYSDEC or USEPA to have a reasonable potential, either singly or in combination with other contributing industries, for adversely affecting the wastewater treatment system, the quality of sludge, the system's effluent quality or air emissions generated by the system or for violating any pretreatment standard or requirement.
[Amended 12-21-2009]
SIGNIFICANT NONCOMPLIANCE
A violation that meets one of the following criteria:
[Amended 12-21-2009]
(1) 
Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all of the measurements taken for the same pollutant parameter during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits.
(2) 
Technical review criteria (TRC) violations, defined here as those in which 33% or more of all of the measurements for the same pollutant parameter taken during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement, including instantaneous limits, multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants, except for pH).
(3) 
Any other violation of a pretreatment standard or requirement as defined by 40 CFR 403.3(l) (daily maximum, long-term average, instantaneous limit, or narrative standard) that the POTW determines has caused, alone or in combination with other discharges, interference or pass-through (including endangering the health of POTW personnel or the general public).
(4) 
Any discharge of a pollutant that has caused imminent endangerment to human health, welfare, or to the environment or has resulted in the POTW's exercise of its emergency authority to halt or prevent such a discharge.
(5) 
Any other violation or group of violations, which may include a violation of best management practices, which the control authority determines will adversely affect the operation or implementation of the local pretreatment program.
SLUG
Any discharge of water, sewage or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five (five times more the average twenty-four-hour concentration of flows during normal operation.
SS (denoting suspended solids)
The laboratory determination of the dry weight expressed in parts per million (ppm) or milligrams per liter (mg/l) of solids that either float on the surface, are in suspension or are settleable and can be removed from wastewater by filtering through a 0.45 microfilter.
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.
STORM DRAIN (sometimes termed "storm sewer")
A sewer which carries storm- and surface waters and drainage but excludes sewage and industrial wastes other than unpolluted cooling water.
SUBSTANCES OF CONCERN
A list of substances which the NYDEC considers to be of environmental concern.
TOXIC SUBSTANCES
Any substance whether gaseous, liquid or solid, which when discharged to the sewer system in sufficient quantities may tend to interfere with any sewage treatment process, constitute a hazard to recreation in the receiving waters of the effluent from the sewage treatment plant, pose a hazard to men working in the sewer system or constitute a hazard to fish or animal life.
WASTEWATER
The water-carried domestic, human or animal wastes from residences, buildings, industrial establishments or other places, together with such groundwater infiltration, industrial and commercial wastes as may be present.
WATERCOURSE
A channel in which a flow of water occurs, either continuously or intermittently.
B. 
“Shall” is mandatory; “may” is permissive.
A. 
It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the City of Jamestown, or in any area under the jurisdiction of said City, any human or animal excrement, garbage or other objectionable waste.
B. 
It shall be unlawful to discharge to any natural outlet within the City of Jamestown, or in any area under the jurisdiction of said City, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this article, the Chautauqua County Sanitary Code or under the provisions of the Public Health law of the State of New York.
C. 
Except as hereinafter provided, 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.
D. 
The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the City and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the City is hereby required at his expense to install suitable toilet facilities therein and to connect such facilities directly with the proper public sewer in accordance with the provision of this article, within 90 days after date of official notice to do so, provided that said public sewer is within 100 feet (30.5 meters) of the property line.
A. 
Where a public sanitary or combined sewer is not available under the provision of § 240-19D, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this article and the Chautauqua County Sanitary Code.
B. 
Before commencement of construction of a private sewage disposal system the owner shall first obtain a written permit signed by the Health Commissioner of the Chautauqua County Health Department. The application for such permit shall be made on a form furnished by the Chautauqua County Health department, which the applicant shall supplement by any plans, specifications and other information as are deemed necessary by the Health Commissioner of the Chautauqua County Health Department.
C. 
A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Chautauqua County Health Commissioner. He shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the Chautauqua County Health Commissioner when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within 24 hours of the receipt of notice by the Chautauqua County Health Commissioner.
D. 
The type, capacities, location and layout of a private sewage disposal system shall comply with all recommendations of the Department of Health of the State of New York.
E. 
At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in § 240-19D hereof, a direct connection shall be made to the public sewer in compliance with this article, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material.
F. 
The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the City.
G. 
No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by the Health Officer of Chautauqua County.
A. 
No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the General Manager of the Board of Public Utilities or his designee.
B. 
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 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 General Manager of the Board of Public Utilities. A permit and inspection fee of no dollars for a residential or commercial building sewer permit and no dollars for an industrial building sewer permit shall be paid to the City at the time the application is filed. All permit applications for establishments discharging industrial wastes shall be reviewed by the Chautauqua Health Department.
C. 
All costs and expenses incident to the installation and connection of a building sewer shall be borne by the owner. The owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
D. 
A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another or an interior lot and no private sewer is available or can be constructed to enter the building through an adjoining alley, court, yard, driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building. When a building is divided and sold to more than one person for individual ownership, separate sewer laterals may be required. Final decision will be at the discretion of the General Manager of the Board of Public Utilities. When a building is subdivided for separate businesses and, in the opinion of the Board of Public utilities, the proposed uses for the building are not compatible, separate sewer laterals may be required. Final decision will be at the discretion of the General Manager of the Board of Public Utilities.
E. 
Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the General Manager of the Board of Public Utilities or his designee, to meet all requirements of this article.
F. 
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.[1] In the absence of the code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the American Society for Testing Materials and Water Pollution Control Federation manual of Practice No. 9 shall apply.
[1]
Editor's Note: See Ch. 140, Fire Prevention and Building Construction, and Ch. 210, Plumbing.
G. 
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 drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.
H. 
No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.
I. 
The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code[2] or other applicable rules and regulations of the City, or the procedures set forth in appropriate specifications of the American Society for Testing Materials and Water Pollution Control Federation Manual of Practice No. 9. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the General Manager of the Board of Public Utilities before installation.
[2]
Editor's Note: See Ch. 140, Fire Prevention and Building Construction, and Ch. 210, Plumbing.
J. 
The applicant for the building sewer permit shall notify the General Manager of the Board of Public Utilities or his designee when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the General Manager of the Board of Public Utilities or his designee, or his representative.
K. 
All excavations for building sewer installation 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.
A. 
No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters to any sanitary sewer.
B. 
Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the General Manager of the Board of Public Utilities or County Health Commissioner. Industrial cooling water or unpolluted process waters may be discharged to a storm sewer, combined sewer, or natural outlet, only upon approval of the General Manager of the Board of Public Utilities and only by a discharger who possess a valid discharge permit issued by the NYDEC and/or the USEPA.
C. 
No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:
(1) 
Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to waste streams with a closed-cup flashpoint of less than 140° Fahrenheit, or 60° Centigrade using the test methods specified in 40 CFR 261.21.
(2) 
Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk container, etc., either whole or ground by garbage grinders.
(3) 
Any liquid or vapor having a temperature higher than 40° Centigrade (104° F).
(4) 
Any water or waste containing fats, wax, grease, oils, or oil products, whether emulsified or not, in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 0° and 40° C (32° and 104° F).
(5) 
Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of 3/4 horsepower (0.76 HP metric) or greater shall be subject to the review and approval of the General Manager of the Board of Public Utilities.
(6) 
Pollutants which will cause corrosive structural damage to the POTW, but in no case discharges with a pH lower than 5.5, unless the works is specifically designed to accommodate such discharges.
(7) 
Solid or viscous pollutants in amounts which are likely to cause obstruction to the flow in the POTW resulting in interference.
(8) 
Any pollutant, including oxygen demanding pollutants (BOD etc.) released at a flow rate and/or pollutant concentrations which will cause interference with the POTW.
(9) 
Heat in the amounts which will inhibit biological activity in the POTW resulting in interference, but in no case heat in such quantities that the temperature at the POTW treatment plant exceeds 40º C. (104º F.) unless the approval authority, upon the request of the POTW, approves alternate temperature limits.
(10) 
Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through.
(11) 
Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems.
(12) 
Any trucked or hauled pollutants, except at discharge points designated by the POTW.
A. 
Permits required for discharge. On or after June 30, 1977, any discharge of industrial wastes to the public sewer system shall be unlawful, unless specifically authorized by a sewer use permit issued by the General Manger of the Board of Public Utilities.
B. 
Types of permits.
(1) 
Class I sewer use permits shall be issued by the General Manager authorizing the discharge of industrial wastewaters to the sanitary sewer system. The permits shall be specific in terms of the quantity of flow to be discharged and the contaminants contained herein. Permits shall be issued to significant industrial users, and any other dischargers designated by the General Manager of the Board of Public Utilities.
(2) 
Class II sewer use permits shall be issued by the General Manager to industries utilizing public storm sewers as a means of conveying uncontaminated cooling waters to the receiving waters.
(3) 
No sewer use permit is required for industries discharging only normal sanitary sewage from facilities such as toilets, urinals, sinks, showers, etc., and for that portion of each industry's flow which is comprised of strictly domestic sewage.
C. 
Permit duration. Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period of less than a 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 City during the term of the permit as limitations or requirements as identified in this section 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 the change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
D. 
Permit transfer. Sewer use permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or, transferred, or sold to a new owner, new user, different premises, or a new or changed operation without the approval of the City. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit.
E. 
Applications for sewer use permits.
(1) 
All industries presently discharging industrial wastes to the public sewer system shall submit a proper application to the General Manager of the Board of Public Utilities using forms provided by the General Manager.
(2) 
Industries presently discharging process wastes to the sanitary sewer system shall submit with the application form the following general information:
(a) 
A brief description of the process or processes employed in the facility and data concerning the maximum daily production and the maximum daily consumption of raw materials.
(b) 
A material balance flowsheet showing the sources, treatment and distribution of raw water and the sources, volumes and proposed disposition of the generated wastewaters.
(c) 
A recent analysis of the composite process wastewaters performed by a qualified chemist.
(3) 
Industries presently discharging treated effluent and/or cooling waters to the storm sewer system shall provide the General Manager with a copy of a valid USEPA or NYDEC discharge permit, along with a letter requesting the issuance of a sewer use permit. A completed discharge permit application with proof of submittal to EPA or DEC, or a copy of a draft discharge permit issued by either agency, shall be considered as an acceptable substitute for a final discharge permit for purposes of applying for a sewer use permit, until such time that a final discharge permit is in effect.
(4) 
All new sources shall submit, at least 90 days before commencement of discharge, an engineering report which contains the following information:
(a) 
Identifying information. The facility shall submit the name and address of the facility including the name of the operator and owners.
(b) 
Permits. The user shall submit a list of any environmental control permits held by or for the facility.
(c) 
Description of operations. The user shall submit a brief description of the nature, average rate of production, and standard industrial classification of the operations(s) carried out by such industrial user. This description shall include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes.
(d) 
Flow measurement. The user shall estimate daily average and maximum flows.
(e) 
Measurement of pollutants. The user shall identify anticipated pollutants and estimate discharge concentrations.
F. 
Limitations on permit issuance.
(1) 
No Class I permit shall be issued at any time for the discharge of uncontaminated wastewaters and/or cooling waters to the sanitary sewer system where there is ample evidence that such wastewaters could be discharged directly to the storm sewers and/or receiving stream without further treatment.
(2) 
No Class II permit shall be issued, at any time, for a discharge to the storm sewer system of uncontaminated cooling waters which contain contaminant quantities in excess of those prescribed in either the EPA or DEC discharge permits as allowable for discharge to the receiving stream.
(3) 
No Class I permit shall be issued at any time permitting the discharge or infiltration into the public sewers of any of the following:
(a) 
Any wastewater having a temperature which will inhibit biological activity in the POTW treatment plant resulting in interference, but in no case wastewater with a temperature at the introduction into the POTW which exceeds 40º C. (104º F).
(b) 
Any liquid containing fats, wax, grease, oils, or oil products, whether emulsified or not, in excess of 100 mg/liter of solvent soluable materials or containing substances which may solidify or become viscous at temperatures below 40º C. (104º F).
(c) 
Any water or wastes that contain more than two parts per million by weight of the following gases: hydrogen sulfide, sulfur dioxide, oxides of nitrogen.
(d) 
Any residues from petroleum storage, refining or processing, fuel or lubrication oil, gasoline, naphtha, benzene, explosive or inflammable liquids, solids or gases.
(e) 
Any solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers such as, but not limited to, mud, straw, metal, rags, glass, tar, plastics, wood and shavings.
(f) 
Any solid or viscous substances in quantities or of such size capable of causing an interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, feathers, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
(g) 
Any garbage that has not been properly shredded.
(h) 
Any liquid having a pH lower than 5.5 or higher than 10.0, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works.
(i) 
Any liquid containing the discharge of acidic pickling wastes, or concentrated plating solutions, whether neutralized or not.
(j) 
Any liquid containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant.
(k) 
Any materials which exerts or causes:
[1] 
Unusual concentrations of inert suspended solids (such as, but not limited to, Fuller's earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride sodium sulfate).
[2] 
Excessive discoloration (such as, but not limited to, dye solutions and vegetable tanning solutions).
[3] 
Unusual BOD, COD, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.
[4] 
Any unusual concentration or flow or any given constituent which for any period of duration longer than 15 minutes exceeds more than five times the average twenty-four-hour concentrations or flow rates during normal operation.
(l) 
Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the POTW, or to exceed the limitation set forth in a categorical pretreatment standard. A toxic pollutant shall include but not be limited to any pollutant identified pursuant to Section 307 (a) of the Act.
(m) 
Any noxious or malodorous liquids, gases, or solids which either singly or by interaction with other wastes are sufficient to crease a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for their maintenance and repair.
(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 where the POTW is pursuing a reuse and reclamation program. In no case shall a substance discharge to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines, or regulations developed under Section 405 of the Act, any criteria, guidelines, or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or state or county criteria applicable to the sludge management method being used.
(o) 
Any substance which will cause the POTW to violate its NPDES and/or state disposal system permit or the receiving water quality standards.
(p) 
Any wastewater containing any radioactive wastes or isotopes.
(q) 
Any wastewater which causes a hazard to human life or creates a public nuisance.
(r) 
Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems.
(s) 
Any trucked or hauled pollutants, except at discharge points designated by the POTW.
(4) 
No Class I permit shall be issued any time allowing the discharge of industrial process waste waters to the sanitary sewer system when any of the pollutant characteristics exceed the limits specified below. These concentrations shall be applied to wastewater effluents at a point just prior to discharge to the City sewer system. Samples shall be obtained as twenty-four-hour composites unless otherwise specified in the user's permit.
[Amended 3-20-2006]
Substance
Effluent Concentration Limit*
(milligrams per liter)
Arsenic
1.00
Cadmium
0.30
Chromium (hexavalent)
1.50
Chromium (total)
4.00
Copper
1.25
Lead
0.30
Manganese
5.00
Mercury
0.004
Nickel
0.90
Selenium
0.20
Silver
0.20
Zinc
3.00
Cyanide (total)
0.65
Phenol
0.50
*All concentrations listed for metallic substances shall be as “total metal,” which shall be defined as the value measured in a sample acidified to a pH value of less than 2 without prior filtration.
G. 
Federal pretreatment standards.
(1) 
The categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405 to 471, are hereby incorporated. The General Manager of the Board of Public Utilities shall notify all affected uses of the applicable reporting requirements under 40 CFR 403.12.
[Amended 12-21-2009]
(2) 
No sewer use permit shall be issued for any discharge which does not conform to the requirements of any specific EPA pretreatment standard, providing that such standard has been in effect at least 18 months prior to the effective date of the requested permit.
(3) 
In those cases where EPA pretreatment standards are issued either after a sewer use permit is granted for an existing discharge or less than 18 months prior to the requested effective date of a new sewer use permit, the applicant shall be granted an interim sewer use permit which will become null and void 18 months from the date of the published pretreatment standard. If, by the expiration of the interim sewer use permit, the discharge does not comply with the published pretreatment standard, no additional sewer use permit will be issued and the continued discharge of wastes shall become unlawful.
H. 
Local pretreatment option.
(1) 
The admission into the public sewers of any waters or wastes that contain the following shall be subject to review by the General Manager of the Board of Public Utilities:
(a) 
A five-day BOD greater than 300 parts per million by weight,
(b) 
More than 350 parts per million by weight of suspended solids,
(c) 
An average daily flow greater than 5% of the average daily sewage flow of the receiving treatment plant, or
(d) 
Characteristics which exceed any of the limitations established in Subsection F.
(2) 
After proper review, the General Manager of the Board of Public Utilities may:
(a) 
Require pretreatment to an acceptable condition for discharge to the public sewers, prior to the issuance of a permit.
(b) 
Require control over the quantities and rates of discharge as a condition of the permit.
(c) 
Require payment to cover the added cost of handling and treating the wastes as a condition of the permit.
(3) 
Where pretreatment and/or equalization are required, plans and specification for such equalization and/or pretreatment facilities shall be subject to the review and approval of the General Manager of the Board of Public Utilities and subject to all applicable codes, ordinances and laws. Such pretreatment facilities when constructed shall be maintained continuously in satisfactory and effective operation by the owner at his expense. The owner, subsequent to the commencement of operation of any pretreatment facilities, shall make periodic reports to the General Manger of the Board of Public Utilities setting forth therein data upon which he may determine the effectiveness and adequacy of such installation in reducing the concentrations to acceptable limits. Any approval by the General Manger of a type, kind or capacity of an installation shall not relieve the owner of the responsibility of revamping, enlarging or otherwise modifying an installation to accomplish its intended purpose to the degree necessary to comply with any and all rules and regulations.
(4) 
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 to achieve compliance with the limitations contained in the federal categorical pretreatment standards, or in any other pollutant-specific limitation developed by the City or state.
(5) 
Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this article. 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 City for review, and shall be approved by the City before construction of the facility. In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the POTW of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions.
(a) 
Written notice: Within five days following an accidental discharge the user shall submit to the General Manager 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, fishkills, 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 article or other applicable law.
(b) 
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 insure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure.
I. 
Facilities for sampling and flow measurement required.
(1) 
The General Manager shall at least once per year sample each significant industrial discharge and measure the volume of flow. The data collected shall be used in the calculation of sewer use charges and to determine compliance with these regulations.
(2) 
Samples shall be taken and flow measurements made, whenever economically and technically feasible, at a common manhole into which all industrial wastes from such premise are combined. Such manhole shall be constructed by the owner of such premises, at the owner's expense, prior to the issuance of any sewer use permit under Subsection B of this section of this article. Such manhole shall be maintained by the owner so as to be safe and accessible at all times. Whenever the installation of such a common manhole is deemed by the owner to be economically and/or technically unfeasible, the owner shall accept the burden of preparing and presenting to the General Manager of the Board of Public Utilities, an alternative plan whereby the City may obtain the information, (flow and analytical data) which the City deems necessary to the successful operation of their industrial wastewater monitoring program.
(3) 
All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this article shall be determined in accordance with the latest version of 40 CFR, Part 136, Analysis of Pollutants, and shall be determined at the control manhole or upon suitable samples taken at said control manhole. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of any hazards.
(4) 
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 General Manager of the Board of Public Utilities 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 applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional O & M and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user and certified to by a qualified professional.
(5) 
Any user subject to a pretreatment standard, after the compliance date of such pretreatment standard, or in the case of a new source, after commencement of the discharge into the POTW, shall submit to the General Manager of the Board of Public Utilities during the months of June and December, unless required more frequently in the pretreatment standard or by the General Manager, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. At the discretion of the General Manager and in consideration of such factors a local high- or low-flow rates, holidays, budget cycles, etc., the General Manager may agree to alter the months during which the above reports are to be submitted.
(6) 
The General Manager of the Board of Public Utilities may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by Subsection I(4) shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and nature and concentration, or production and mass where requested by the General Manager of the Board of Public Utilities, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard. All analysis shall be performed in accordance with procedures established by the administrator pursuant to Section 304 (g) of the Act and contained in 40 CFR Part 136 and amendments thereto or with any other test procedures approved by the administrator. Sampling shall be performed in accordance with the techniques approved by the administrator.
(7) 
Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from 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 City that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user. When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to this article, 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 judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.
[Amended 12-21-2009]
J. 
Nothing under this article shall be construed as reducing in any manner the authority of the General Manager of the Board of Public Utilities to temporarily refuse the acceptance of a discharge if, in his opinion, complete compliance with the provisions of any section of these rules and regulations is lacking. Such temporary refusal shall be in effect until such time that there is evidence that complete compliance will be achieved by the discharger.
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 sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.
A. 
The General Manager of the Board of Public Utilities and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this article. The General Manager or his representative shall have the authority to install monitoring equipment on any sewer user's property and shall also have the authority to inspect and copy any records pertaining to a sewer user's discharge. The General Manager or his representatives shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.
B. 
While performing the necessary work on private properties referred to in Subsection A above the General Manager of the Board of Public Utilities or duly authorized employees of the City shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the City employees, and the City shall indemnify the company against loss or damage to its property by City employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in § 240-23I.
C. 
The General Manager and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all private properties through which the City holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within said easement.
D. 
Authorized employees of the EPA and the DEC shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing.
Any person found to be violating any provision of this article except § 240-24 shall be served by the City 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. Any user who violates the following conditions of this article, or applicable state and federal regulations, is subject to having his permit revoked in accordance with the procedures of § 240-27 of this article:
A. 
Failure of a user to factually report the wastewater constituents and characteristics of this discharge;
B. 
Failure of the user to report significant changes in operations, or wastewater constituents and characteristics;
C. 
Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring; or,
D. 
Violation of conditions of the permit.
The City may suspend the wastewater treatment service and/or a wastewater contribution permit when such suspension is necessary, in the opinion of the City, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons to the environment, causes interference to the POTW or causes the City to violate any condition of its NPDES permit. 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 City shall take such steps as deemed necessary including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individuals. The City 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 City within 15 days of the date of occurrence.
A. 
Any person who shall continue any violation beyond the time limit provided for in § 240-26 shall be guilty of a misdemeanor, and on conviction thereof shall be fined in the amount not exceeding $1,000 for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.
B. 
Any person violating any of the provisions of this article shall become liable to the City for any expense, loss or damage occasioned the City by reason of such violation.
C. 
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 article, or wastewater contribution permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this article, shall, upon conviction, be punished by a fine of not more than $1,000 or by imprisonment for not more than six months, or by both.
[Amended 12-21-2009]
The public will be notified in the City's largest daily newspaper, on an annual basis, of industrial users which, during the previous 12 months, were in significant noncompliance, as defined in § 240-18A of this article.
[Amended 12-21-2009]
When the General Manager finds that a user has violated, or continues to violate, any provision of this article, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the City may seek the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this article on activities of the user.
A. 
A Hearing Board shall be appointed as needed for arbitration of differences between the General Manager of the Board of Public Utilities and sewer users on matters concerning interpretation and execution of the provisions of this article by the General Manager. The cost of the arbitration will be divided equally between the municipality and the sewer user.
B. 
One member of the Board shall be a registered professional engineer; one member shall be a practicing sanitary engineer; one member shall be a representative of industry or manufacturing enterprise; one member shall be a lawyer; and one member shall be selected at large for his interest in accomplishing the objectives of this article.
C. 
The members of the Board shall be appointed by the Mayor of the City of Jamestown to serve for the duration of the controversy requiring arbitration. If the General Manager and sewer user involved in the controversy can agree in writing on the members to be appointed to the Board, the Mayor shall appoint such members. The Mayor shall fix the compensation of Hearing Board members and the General Manager shall certify their attendance at hearings and approve warrants drawn for the payment of the members of the Board so serving.
D. 
The findings of the Hearing Board shall not become effective until approved by the appropriate divisions of the New York State Department of Environmental Conservation and/or the United States Environmental Protection Agency.
A. 
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
B. 
The invalidity of any section, clause, sentence or provision of this article shall not affect the validity of any other part of this article which can be given effect without such invalid part of parts.
No statement contained in this article shall be construed as preventing any special agreement or arrangement between the City and any industrial or commercial concern whereby an industrial or commercial waste of unusual strength or character may be accepted by the City for treatment, subject to payment therefor by the industrial concern and subject where required to the approval by the NYDEC and USEPA. However, under no circumstances shall modification of the article or other control document be implemented to allow the discharge or prohibited discharges under 40 CFR 403.5(a) and (b). Further, the revision of any categorical pretreatment standards to reflect the removal of pollutants through the POTW must follow the formal process outlined in 40 CFR 403.7.
[Added 12-21-2009[1]]
Users subject to the reporting requirements of this article shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this article and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include the date, exact place, method, and time of sampling and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. This period shall be automatically extended for the duration of any litigation concerning the user or the City or where the user has been specifically notified of a longer retention period by the General Manager of the Board of Public Utilities.
[1]
Editor's Note: This ordinance also provided for the redesignation of former § 240-34, Ordinance in force, as § 240-35.
This article shall be in full force and effect from and after its passage and approval as provided by law.