This chapter shall be known and may be cited as the "Sanitary Sewer Ordinance of the City of Auburn, New York."
A sewer system is hereby created and established consolidating all the sewer and nonsewer districts into one sewer system containing the entire territorial limits of the City, as designated and described in §§ C-1 and C-3 of the Charter of the City, and shall be known as the "Auburn Sewer System."
A. 
Unless otherwise defined herein, technical terms shall be as defined in the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Health Association, the American Water Works Association and the Water Pollution Control Federation, whenever used in these rules and regulations, unless otherwise expressly stated or required by subject matter or context.
B. 
The word "shall" is mandatory; the word "may" is permissive.
C. 
As used in this chapter, the following terms shall have the meanings indicated:
BOD (DENOTING "BIOCHEMICAL OXYGEN DEMAND")
The quantity of oxygen used in the biochemical oxidation of organic matter under standard laboratory procedure in five days and 20° C., expressed in milligrams per liter (mg/l).
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, beginning three feet (0.9 meter) outside the inner face of the building wall.
BUILDING DRAIN SYSTEM
That part of the plumbing system which receives, conveys, and removes liquid and water-carried wastes to a building drain.
BUILDING SEWER
The extension from the building drain to the public sewer or other place of disposal.
CITY
The City of Auburn.
CITY SEWER SYSTEM
All sewers, laterals, pump stations, treatment plants or works, or other connections which connect with or pertain to a connection with the sewers, plants, public works and/or other projects of the Department.
COMBINED SEWER
A sewer intended to receive wastewater as well as stormwater and surface water.
COMBINED WASTE
Wastewater containing surface water and/or stormwater.
COMPOSITE SAMPLE
A combination of individual samples of wastewater taken at selected intervals, generally hourly for a specified period. Individual samples may have equal volume or may be proportioned to the flow at the time of sampling.
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 suspended solids each in excess of 10 milligrams per liter.
DEC
The New York State Department of Environmental Conservation.
DEPARTMENT
The Department of Municipal Utilities of the City of Auburn.
[Amended 9-24-1992]
DIRECTOR OF MUNICIPAL UTILITIES
The Director of Municipal Utilities of the City of Auburn or his/her authorized deputy, agent or representative.
[Amended 9-24-1992[1]]
EASEMENT
An acquired legal right for the specific use of land owned by others.
EFFLUENT
Treated wastewater flowing from any treatment device or facility.
EPA
The United States Environmental Protection Agency.
FEDERAL ACT
The 1972 Federal Water Pollution Control Act Amendment, Public Law 92-500, and the 1977 Clean Water Act, Public Law 95-217, and any amendments thereto, as well as any guidelines, limitations and standards promulgated by the Environmental Protection Agency pursuant to the Act.
FLOW RATE
The quantity of waste or liquid that flows in a certain period of time.
GARBAGE
Animal and vegetable wastes from the preparation, cooking and disposing of food and from the handling, processing, storage and sale of food products and produce.
GRAB SAMPLE
A single sample of wastewater taken at either set time or flow.
HOLDING TANK WASTE
Any sanitary waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum pump tank trucks.
INDIRECT DISCHARGE OR DISCHARGES
The introduction of pollutants into the POTW for treatment and ultimate discharge of the treated effluent to the state's waters from any nondomestic source regulated under § 307(b), (c) or (d) of the Federal Act.
[Added 8-10-2000 by Ord. No. 13-2000]
INDUSTRIAL USER
A source of indirect discharge or a discharger to the POTW which discharges nondomestic waters.
[Added 8-10-2000 by Ord. No. 13-2000]
INDUSTRIAL WASTEWATER OR INDUSTRIAL WASTE
The liquid or liquid-carried solid, liquid and/or gaseous waste from an industrial manufacturing process, trade, service, utility or business, as distinct from sanitary waste.
[Added 8-10-2000 by Ord. No. 13-2000]
INTERFERENCE
A discharge which, alone or in conjunction with a discharge or discharges from other sources, 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 the City's SPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent state or local regulations: § 405 of the Act; the Solid Waste Disposal Act, including Title II, commonly referred to as the "Resource Conservation and Recovery Act (RCRA)"; any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.
[Added 8-10-2000 by Ord. No. 13-2000]
NATIONAL PRETREATMENT STANDARD
Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with § 307(b) and (c) of the Act which applies to industrial users. This term includes prohibitive discharge limits established pursuant to § 403.5.
NEW SOURCE
[Added 8-10-2000 by Ord. No. 13-2000]
(1) 
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 § 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:
(a) 
The building, structure, facility or installation is constructed at a site at which no other source is located;
(b) 
The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
(c) 
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.
(2) 
Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of Subsection (1)(b) or (c) above but otherwise alters, replaces or adds to existing process or production equipment.
(3) 
Construction of a new source as defined under this subsection has commenced if the owner or operator has:
(a) 
Begun, or caused to begin, as part of the continuous on-site construction program:
[1] 
Any placement, assembly or installation of facilities or equipment; or
[2] 
Significant site preparation work, including clearing, excavation or removal of existing buildings, structures or facilities which is necessary for the placement, assembly or installation of new source facilities or equipment; or
(b) 
Entered into a binding contractual obligation for the purchase of facilities or equipment which is intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss and contracts for feasibility, engineering and design studies do not constitute a contractual obligation under this subsection.
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, are a cause of a violation of any requirement of the City of Auburn's SPDES permit, including an increase in the magnitude or duration of a violation.
[Added 3-1-2001 by Ord. No. 6-2001]
POLLUTANTS
Shall mean, or may be defined now or hereafter by appropriate local, state or federal authorities or by the Director of Municipal Utilities, substances which may be present in wastewater, whether gaseous, liquid or solid, the amount of which may contain soluble or insoluble solids of organic or inorganic nature which may deplete the dissolved oxygen content of nature 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 reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, or process changes by other means, except as prohibited by 40 CFR 403.6(d). Appropriate pretreatment technology includes control equipment, such as equalization tanks or facilities, for protection against surges or slug loadings that might interfere with or otherwise be incompatible with the POTW. However, where wastewater from a regulated process is mixed in an equalization facility with unregulated wastewater or with wastewater from another regulated process, the effluent from the equalization facility must meet an adjusted pretreatment limit calculated in accordance with Section 403.6(e).
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirements related to pretreatment imposed on a user, other than a pretreatment standard.
PRETREATMENT STANDARDS OR STANDARDS
Prohibited discharge standards, categorical pretreatment standards and local limits.
PUBLICLY OWNED TREATMENT WORKS (POTW)
A treatment works as defined by § 212 of the Act (33 U.S.C. § 1292) which is owned by the City of Auburn. This includes any sewers that convey wastewater to the POTW but does not include pipes, sewers or other conveyances not connected to a facility providing treatment.
PUBLIC SEWER
A sewer in which all owners of abutting properties have equal rights and which is controlled by public authority.
RULES AND REGULATIONS
These rules and regulations relating to the use of the public sewer system issued by the City of Auburn.
SANITARY SEWER
A sewer intended to carry only sanitary or sanitary and industrial wastewater from residences, commercial buildings, industrial plants and institutions.
SANITARY WASTE
Wash water, culinary wastes, and the 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.
SEWER
A pipe or conduit for carrying wastewater.
SHREDDED GARBAGE
Garbage shredded to such a degree that all particles will be carried freely under flow conditions normally prevailing in public sewers, with no particle having a dimension greater than 1/2 inch in any direction.
SIGNIFICANT INDUSTRIAL USERS
[Amended 8-10-2000 by Ord. No. 13-2000]
(1) 
Those industries meeting one or more of the following criteria:
(a) 
A user subject to categorical pretreatment standards; or
(b) 
A user that:
[1] 
Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact, cooling and boiler blow-down wastewater);
[2] 
Contributes a process waste stream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
[3] 
Is designated as such by the City of Auburn on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.
(2) 
Upon a finding that a user meeting the criteria in Subsection (1)(b) has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the City of Auburn may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.
STORM SEWER
A sewer intended to carry only stormwater, surface runoff, street wash waters, and drainage.
SUSPENDED SOLIDS
The total suspended matter that either floats on the surface of, or is in suspension in, water or wastewater, as determined by Standard Methods.
TOXIC SUBSTANCES
Any substances, whether gaseous, liquid or solid, which, when discharged to the sewer system in sufficient amounts, 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 sewer maintenance personnel, or constitute a hazard to fish or animal life or inhibit aquatic life or any pollutant listed as toxic by the Administrator of the EPA.
TREATMENT WORKS
Any devices or systems used in the storage, treatment, cycling and reclamation of municipal sewage or industrial wastes of liquid nature. This includes intercepting sewers, outfall sewers, sewage collection systems, pumping, power and other equipment and their appurtenances; extensions, improvements, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled supply, such as standby treatment units and clear well facilities; and any works, including site acquisition of the land that will be an integral part of the treatment process or used for ultimate disposal of residues resulting from such treatment; or any other method or system for preventing, abating, reducing, storing, treating, separating or disposing of municipal waste, including stormwater runoff, or industrial waste, including waste in combined stormwater and sanitary sewer systems.
UNPOLLUTED WATER
Water to which no constituent has been added, either intentionally or accidentally, which would render such water unacceptable to the agency having jurisdiction thereof for disposal to storm or natural drainages or directly to surface waters.
USER
Any person who contributes, causes or permits the contribution of wastewater into the City treatment works.
WASTEWATER
The water carrying domestic, human or animal waste from residences, buildings, industrial establishments or other places, together with such ground infiltration and industrial and commercial wastes as may be present.
WASTEWATER CONSTITUENTS AND CHARACTERISTICS
The individual chemical, physical, bacteriological and radiological parameters, including volume, flow rate, and such other parameters, that serve to define, classify or measure the contents, quality, quantity and strength of wastewater.
WASTEWATER TREATMENT PLANT
Any arrangement of devices and structures or methods used for treating sewage.
[1]
Editor's Note: This ordinance also provided that the title "Director of Municipal Utilities" be substituted for the title "City Engineer" throughout this chapter.
Any person violating any of the provisions of this chapter shall become liable to the City for any expense, loss, or damage occasioned the City by reason of such violation.
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.