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.
Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers or combined sewers or to a natural outlet approved by the City Engineer. Industrial cooling water or unpolluted process waters may be discharged, on approval of the City Engineer, to a storm sewer or natural outlet.
A. 
No user shall contribute or cause to be contributed, in any manner or fashion, directly or indirectly, any pollutant or wastewater which will interfere with the operation or performance of the POTW or cause pass through. These general prohibitions apply to all such users of a POTW whether or not the user is subject to National Categorical Pretreatment Standards, or any other National, State or Local Pretreatment Standards or 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:
(1) 
Any liquid or vapor having a temperature higher than 104° F. (40° C.) or heat in amounts that will inhibit the biological activity at the sewage treatment plant, resulting in interference.
(2) 
Any waters or wastes which contain grease or oil or other substances that will solidify or become discernibly viscous at temperatures between 32° F. and 104° F.
(3) 
Any waters or wastes containing emulsified oil and grease exceeding an average of 50 parts per million (417 pounds per million gallons) of ether-soluble matter.
(4) 
Any gasoline, benzine, naphtha, fuel oil or mineral oil or other flammable or explosive liquid, solid or gas which cause a flame-type explosivity meter to read 40% of the lower explosive limit (LEL) for 15 minutes or when the reading exceeds 60% of the LEL for any period.
(5) 
Any noxious or malodorous gas such as hydrogen sulfide, sulfur dioxide or nitrous oxide or other substance, which either singly or by interaction with other wastes is capable of creating a public nuisance or hazard to life or of preventing entry into sewers for their maintenance and repair.
(6) 
Any garbage that has not been properly pulverized or ground to fine powder.
(7) 
Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastic, wood, paunch manure, hair and fleshings, entrails, lime slurry, lime residues, beer and distillery slops, chemical residues, paint residues, cannery, waste bulk solids or any other solid or viscous substance capable of causing obstruction to the flow of the sewers or other interference with the proper operation of the sewage system, including debris from disposable products utilized by hospitals, nursing homes or correctional institutions.
(8) 
Any waters or wastes, acid and alkaline in reaction, having corrosive properties capable of causing damage or hazard to structures, equipment and personnel of the sewage system. Free acids and alkalis must be neutralized, at all times, within a permissible pH range of 6.0 to 9.5.
(9) 
Any cyanides in excess of the concentrations listed in Subsection A(14) of this section.
(10) 
Any radioactive waste or isotopes of such half-life or concentrations as may exceed limits established by the City Engineer in compliance with applicable state or federal regulations.
(11) 
Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW. Any waters or wastes that for a duration of 15 minutes has a concentration greater than five times the average of that of normal sanitary sewage (defined in Subsection B of this section) as measured by suspended solids and BOD and/or which is discharged continuously at a rate exceeding 1,000 gallons per minute except by special permit. A special permit shall not allow discharges of any pollutants that released in a discharge at a flow rate or concentration which will cause interference at the POTW.
(12) 
Any stormwater, cistern or tank overflow, cellar drain, discharge from any vehicle wash rack or water motor or the contents of any privy vault, septic tank or cesspool or the discharge of effluent from any air-conditioning machine or refrigeration unit.
(13) 
Any wastes containing odor- or color-producing substances exceeding concentration limits which may be established by the City Engineer for purposes of meeting the City's SPDES permit.
(14) 
Any substance which creates a fire or explosion hazard in the POTW, including but not limited to, waste streams with a closed cup flash point of less than 140° F. (60° C.) using the test methods specified in 40 CFR 261.21.
(15) 
Any waters or wastes with high biochemical oxygen demand (BOD), of high chlorine demand or containing a toxic or poisonous substance or containing suspended solids of high volume, all acting singly or in combination, and of sufficient quantity to damage or interfere with the sewage treatment process, contaminate the sludge produced at the treatment plant, constitute a hazard to humans or animals or create any hazard in the waters receiving the discharge from the treatment plant.
(a) 
Toxic substances shall be limited to the average concentrations listed below and as promulgated in the Categorical Pretreatment Standards, pursuant to Section 307 of the Act. At no time shall the concentration exceed two times the twenty-four-hour average concentration.
Concentration Limits
Parameter
30-Day Average
(mg/l)
24-Hour Average
(mg/l)
Cadmium
0.25
0.5
Hex. chromium
0.1
0.2
Total chromium
1.70
3.4
Copper
2.05
4.1
Lead
0.4
0.8
Mercury
0.1
0.2
Nickel
2.0
4.0
Zinc
1.5
3.0
Arsenic
0.1
0.2
Available chlorine
15.0
15.0
Cyanide-free
0.2
0.4
Cyanide, total
0.65
1.3
Selenium
0.1
0.2
Sulfide
3.0
6.0
Barium
2.0
4.0
Manganese
2.0
4.0
Gold
0.1
0.2
Silver
0.2
0.4
Fluorides
2.0
4.0
Phenol
2.0
4.0
Total toxic organics
1.0
2.0
Except for Hex, Chromium, all concentrations listed for metallic substances shall be as "total Metals", which shall be defined as the value measured in a sample acidified to a pH of 2 or less, without prior filtration.
(b) 
Samples are to be gathered using procedures as approved by the City Engineer.
(16) 
Any substance which may cause the sewage treatment plant's effluent or any other product of the sewage treatment plant, such as residues, sludges or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process where the sewage treatment plant is pursuing a reuse and reclamation program. In no case shall a substance discharged to the sewage treatment plant cause the treatment plant 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 Solids Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act or state criteria applicable to the sludge management method being used.
(17) 
Any trucked or hauled wastewater unless permitted as provided for in § 177-67.
[Added 12-12-1994 by Ord. No. 12-1994]
B. 
Normal sanitary sewage shall be construed to fall below the following maximum levels in the effluent of the commercial establishment or industrial plant in question:
Constituents
Maximum Levels
(ppm)
BOD
300
Suspended solids (SS)
350
Chlorine demand
15
C. 
In case the state or federal regulations come into conflict with the pollutant discharge concentrations given in this Part 2, the strictest level shall apply.
D. 
Treatment bypasses.
(1) 
A bypass of the treatment system is prohibited unless all of the following conditions are met:
(a) 
The bypass was unavoidable to prevent the loss of life, personal injury, or severe property damage;
(b) 
There was no feasible alternative to the bypass, including the use of auxiliary treatment or retention of the wastewater;
(c) 
The industrial user properly notified the City Engineer as described in paragraph (2) below.
(2) 
Industrial users must provide immediate notice to the City Engineer upon discovery of an unanticipated bypass. If necessary, the City Engineer may require the industrial user to submit a written report explaining the cause(s), nature, and duration of the bypass, and the steps taken to prevent its recurrence.
(3) 
An industrial user may allow a bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it is for essential maintenance to ensure efficient operation of the treatment system. Industrial users anticipating a bypass must submit notice to the City Engineer at least 10 days in advance. The City Engineer may only approve the anticipated bypass if the circumstances satisfy those set forth in paragraph (1) above.
A. 
Grease, oil and sand interceptors shall be provided when, in the opinion of the City Engineer, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the City Engineer and shall be located so as to be readily and easily accessible for cleaning and inspection.
B. 
Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight and equipped with easily removable covers which, when bolted in place, shall be gastight and watertight.
C. 
Where installed, all grease, oil and sand interceptors shall be maintained by the owner, at his expense, in continuously efficient operation at all times and shall be readily accessible and open to inspection by the City Engineer at all times.
A. 
The admission into the public sewers of any waters or wastes having a five-day biochemical oxygen demand (BOD5) greater than 300 parts per million by weight or containing more than 350 parts per million by weight of suspended solids or containing more than 15 parts per million of chlorine demand or containing any quantity of substances having the characteristics above the previously described limits or having an average daily flow greater than 2% of the average daily flow of the City shall be subject to the review and approval of the City Engineer.
B. 
Where necessary, in the opinion of the City Engineer, the owner shall provide at his expense such preliminary treatment as may be necessary to:
(1) 
Reduce the biochemical oxygen demand to 300 parts per million and the suspended solids to 350 parts per million by weight;
(2) 
Reduce the chlorine demand to 15 parts per million;
(3) 
Reduce objectionable characteristics or constituents to within the maximum limits provided for; or
(4) 
Control the quantities and rates of discharge of such waters or wastes.
A. 
When pretreatment regulations are adopted by USEPA or the City of Ogdensburg for any industry, then that industry must immediately conform to the USEPA, NYSDEC or City timetable for adherence to federal, state or local pretreatment requirements and any other applicable requirements promulgated in accordance with Section 307 of the Clean Water Act as amended. The National Categorical Standards, found in 40 CFR Chapter I, Subchapter N, Parts 405 — 471, are hereby incorporated into these regulations.
B. 
Plans, specifications and any other pertinent information relating to proposed pretreatment facilities shall be submitted for the approval of the City Engineer. No construction of such facilities shall be commenced until said approvals are obtained in writing.
C. 
The City Engineer shall notify all affected users of the applicable reporting requirements under 40 CFR 403.12 and as amended.
Where preliminary treatment of flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.
When required by the City Engineer, the owner of any property served by a building sewer carrying industrial wastes shall install a suitable control manhole, together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the City Engineer. The manhole shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times.
A. 
All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made shall be determined in accordance with the procedure outlined under 40 CFR Part 136 and as amended, upon suitable samples taken at the control manhole provided for above. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer, from the point at which the building sewer is connected.
B. 
A testing laboratory, which is hired by an industry to do its wastewater analyses, shall be certified by the New York State Health Department for the relevant, analytical methods.
C. 
If a required procedure is not outlined in 40 CFR Part 136, then the measurement, test or analysis shall be done in accordance with Methods for Chemical Analysis of Water and Waste, as published by EPA, and Standard Methods for the Examination of Water and Wastewater, 15th or most current edition.
A. 
If, for any reason, a user does not comply with or will be unable to comply with any prohibition or limitations in this Part 2, the user responsible for such discharge shall immediately notify the City Engineer so that corrective action may be taken to protect the treatment system. In addition, a written report addressed to the City Engineer detailing the date, time and cause of the accidental or slug discharge, the quantity and characteristics of the discharge and corrective action taken to prevent future discharges shall be filed by the responsible industrial facility within five days of the occurrence of the noncomplying discharge.
B. 
This notification will not relieve users of liability for any expense, loss or damage to the sewer system, treatment plant, treatment process 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 on the municipality under applicable state and federal regulations.
(1) 
Excessive discharge. No user shall ever increase the use of process water or in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment in order to achieve compliance with the limitations contained in the Federal Categorical Pretreatment Standards, as amended, or in any other pollutant-specified limitation developed by the state or City.
(2) 
Accidental and slug discharges. Each user shall provide protection from accidental and slug discharge of prohibited materials or of exceeding the limitations of other substances regulated by this Part 2. If deemed necessary by the City Engineer, facilities to prevent accidental and slug discharge shall be provided and maintained at the owner's expense. Detailed plans, showing facilities and operation procedures to provide this protection, shall be submitted to the City Engineer for review and shall be approved by the City Engineer prior to construction of the facility. Review and approval of such plans and operating procedures shall not relieve the industrial or commercial user from the responsibility to modify the user's facility as necessary to meet the other requirements of this Part 2. At the request of the City, the user shall develop a slug control plan which includes a description of the discharge practices including non-routine batch discharges; a description of the stored chemicals; procedures for immediately notifying the POTW of slug discharges and if necessary procedures to prevent adverse impact from accidental spills. The slug control plan shall be updated by the User as changes are made to the facility.
(3) 
The industrial user shall develop a compliance schedule including milestone dates for the installation of technology required to meet a pretreatment standard, as necessary. The POTW shall develop compliance schedules and report requirements to the POTW. The industrial users shall be required to comply with the compliance schedule and any succeeding revisions to that schedule.
C. 
Upset provision.
(1) 
Definition. For the purposes of this section, "upset" means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the industrial user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.
(2) 
Effect of an upset. An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of paragraph (3) are met.
(3) 
Conditions necessary for a demonstration of upset. An industrial user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:
(a) 
An upset occurred and the industrial user can identify the cause(s) of the upset;
(b) 
The facility was at the time being operated in a prudent and workman-like manner and in compliance with applicable operation and maintenance procedures;
(c) 
The industrial user has submitted the following information to the POTW and Control Authority within 24 hours of becoming aware of the upset (if this information is provided orally, a written submission must be provided within five days):
[1] 
A description of the indirect discharge and cause of noncompliance;
[2] 
The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue;
[3] 
Steps being taken and/or planned to reduce, eliminate and prevent recurrence of the noncompliance.
(4) 
Burden of proof. In any enforcement proceeding the industrial user seeking to establish the occurrence of an upset shall have the burden of proof.
(5) 
Reviewability of agency consideration of claims of upset. In the usual exercise of prosecutorial discretion, EPA enforcement personnel should review any claims that non-compliance was caused by an upset. No determinations made in the course of the review constitute final EPA action subject to judicial review. Industrial users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards.
(6) 
User responsibility in case of upset the industrial user shall control production or all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost or fails.
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.