The purpose of this chapter is to regulate the
use of public and private sewers and drains, the installation and
connection of building sewers, the discharge of waters and wastes
into the public sewer system, the quantity and quality of discharged
wastes, the degree of pretreatment required, the control of industrial
wastewater discharges, the distribution of the costs of the City's
wastewater treatment system, and to provide penalties for violations
thereof in the City of Batavia, Genesee County, New York. These regulations
prohibit the disposal into the public sewer system of any pollutant
or waste by any person that is in violation of the Federal Standards
promulgated pursuant to the Federal Water Pollution Control Act Amendment
of 1972, and any amendments thereto, and any more stringent New York
State, Genesee County or City of Batavia local standards.
This chapter shall be known and may be cited
as the "City of Batavia Sewer Use Ordinance."
A.Â
Unless the context otherwise requires, words used
in the present tense include the future, words in the masculine gender
include the feminine and neuter, the singular number includes the
plural, and the plural the singular.
B.Â
ACT or THE ACT
APPROVAL AUTHORITY
ASTM
AUTHORIZED REPRESENTATIVE
BOD (denoting biochemical oxygen demand)
BPDES
BUILDING DRAIN
BUILDING SEWER
BUREAU OF WATER AND SEWERAGE
CHLORINE DEMAND
CITY
CITY COUNCIL
COMMERCIAL USER
COMPATIBLE POLLUTANT
COMPOSITE SAMPLE
CONNECTION
COOLING WATER
DEC
DIRECTOR
DOMESTIC WASTES
EPA
FLOW RATE
FLOW VOLUME
GARBAGE
INCOMPATIBLE POLLUTANT
INDUSTRIAL USER
(1)Â
(2)Â
(3)Â
(4)Â
INDUSTRIAL WASTE
INSTANTANEOUS MAXIMUM LIMIT
INTERFERENCE
MASS EMISSION RATE
mg/l
NATURAL OUTLET
OWNER
PERSON
pH
POLLUTANT
PRETREATMENT
PRETREATMENT STANDARDS
PROPERLY SHREDDED GARBAGE
PUBLICLY OWNED TREATMENT WORKS or POTW
PUBLICLY OWNED TREATMENT WORKS TREATMENT PLANT or POTW TREATMENT
PLANT
PUBLIC ROADWAY
PUBLIC SEWER
RESIDENTIAL USER
SANITARY SEWER
SERVICE CHARGE
SEWER
SIGNIFICANT INDUSTRIAL USER or SIU
(1)Â
(2)Â
(3)Â
SIGNIFICANT NONCOMPLIANCE
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
(6)Â
(7)Â
(8)Â
SLUG
SPDES
STANDARD METHODS
STORM DRAIN or STORM SEWER
STORMWATER
SURCHARGE
SUSPENDED SOLIDS
TOXIC SUBSTANCES
UNPOLLUTED WATER
USER
WASTE
WASTEWATER
WASTEWATER CONSTITUENTS AND CHARACTERISTICS
WASTEWATER TREATMENT SYSTEM
WASTEWATER TREATMENT WORKS
WATERCOURSE
WPCF
Unless the context or subject matter specifically
indicates otherwise, the meaning of terms used in this chapter shall
be as follows:
The Federal Water Pollution Control Act and amendments thereto,
also known as the Clean Water Act, as amended, 33 U.S.C. § 1251,
et seq.
EPA and/or DEC.
The American Society for Testing and Materials.
The owner in the case of a sole proprietorship, a partner
so authorized by resolutions in the case of a partnership or the President
or other officer so designated by resolution in the case of a corporation.
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.
City of Batavia Pollution Discharge Elimination System.
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.
The extension from the building drain to the public sanitary
sewer or other place of disposal.
Any authorized representative of the City of Batavia Bureau
of Water and Sewerage.
The difference between the amount of chlorine added to water,
wastewater or industrial wastes and the amount of residual chlorine
remaining at the end of a fifteen-minute contact period.
City of Batavia, Genesee County, New York.
The City Council of the City of Batavia, Genesee County,
New York.
Any nonresidential user not within the definition of an "industrial
user."
Biochemical Oxygen Demand (BOD), total suspended solids (TSS),
pH, fecal coliform bacteria, chlorine demand, phosphorus and phosphorus
compounds, fats, oils and greases of animal or vegetable origin, nitrogen
and nitrogen compounds, if the wastewater treatment system was designed
to treat such pollutants and removes such pollutants to a substantial
degree, except as prohibited herein or identified in the City's SPDES
permit.
A sample consisting of several effluent portions collected
during a specified time period and combined to make a representative
sample.
The physical tie-in of the building sewer or sewer extension
to the public sanitary sewer.
The water discharged from any use such as air conditioning,
cooling or refrigeration during which the only pollutant added to
the water is heat.
The New York State Department of Environmental Conservation.
The Director of Public Works as designated by the City Council;
or his duly authorized agent or representative.
The wastewater from the noncommercial preparation, cooking
and handling of food, or waste containing human excrement and similar
matter from the sanitary conveniences of dwellings, commercial dwellings,
commercial buildings, industrial facilities and institutions.
The United States Environmental Protection Agency.
The quantity of waste or liquid that flows in a certain period
of time.
The quantity of wastes or liquid.
Solid wastes from the domestic and commercial preparation,
cooking and dispensing of food, and from the handling, storage and
sale of food.
Any pollutant which is not a compatible pollutant.
Any nonresidential or noncommercial user of the publicly
owned wastewater treatment system that:
Is identified in Division A, B, D, E or I of
the Federal Standard Industrial Classification Manual;
Discharges toxic or poisonous substances, or
any substance(s) which either singularly or in combination with other
contributary users cause(s) interference in the wastewater treatment
system;
The wastewater resulting from the processes employed in industrial,
manufacturing, trade or business establishments as distinct from domestic
wastes.
The one-day maximum limit for certain incompatible pollutants set forth in § 147-18B of this chapter, multiplied by a factor of 1.5. Such limits shall apply to a spontaneous grab sample taken by the City or its authorized representatives and shall apply to any analyses requested, regardless of whether they would normally be performed on grab or composite samples.
[Added 5-10-1999 by L.L. No. 3-1999]
Inhibition or disruption of the performance or operation
of the wastewater treatment system which contributes to a violation
of the SPDES or the applicable discharge permits or conditions.
The weight of material discharged to the wastewater treatment
system during a given time interval. Unless otherwise specified, the
mass emission rate shall mean pounds per day of a particular constituent
or combination of constituents.
Milligrams per liter.
Any outlet into a watercourse, pond, ditch, lake or any other
body of surface water or groundwater.
A person having legal title to real property.
Any and all persons, individual, firm, company, association,
society, municipal or private corporation, group, institution, enterprise,
governmental agency or other entity.
The logarithm of the reciprocal of the weight of hydrogen
ions in grams per liter of solution.
Any waste, impurity or other additive, such as heat or radioactivity,
that changes the quality and character of water delivered to the user.
The application of physical, chemical and/or biological processes,
to reduce the amount of pollutants in or alter the nature of the pollutant
properties in wastewater prior to discharging such wastewater into
the wastewater treatment system.
All applicable federal rules and regulations implementing
the Act, including any amendments hereto, as well as any nonconflicting
state or local standards. In cases of conflicting standards or regulations,
the more stringent thereof shall be applied. It is recognized that
in some cases these pretreatment standards may not be sufficient to
protect the operation of the wastewater treatment system, or make
it unable to comply with the terms of the SPDES permit. In such cases,
the Director shall have the right to impose more stringent pretreatment
standards than those specified in the EPA regulations.
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.
A treatment works as defined by Section 212 of the Act, (33
U.S.C. § 1292) which is owned in this instance by the City.
This definition includes any sewers that convey wastewater to the
POTW treatment plant, but does not include pipes, sewers or other
conveyances not connected to a facility providing treatment. For the
purposes of this chapter, POTW shall also include any sewers that
convey wastewaters to the POTW from persons outside the City who are,
by contract or agreement with the City, users of the City's POTW.
That portion of the POTW which is designed to provide treatment
(including recycling and reclamation) of municipal sewage and industrial
waste.
That area between the curbline and opposite curbline or edge
of pavement and opposite edge of pavement on streets without curbs.
[Added 2-8-2010 by L.L. No. 1-2010]
A common sewer controlled by a governmental agency or public
utility. It may be a sanitary or storm sewer.
A user who introduces wastewater into the wastewater treatment
system from premises used only for human residence.
A sewer that carries liquid and water-carried wastes from
residences, commercial buildings, industrial plants and institutions.
The basic assessment levied on all users of the public sewer
system whose wastes do not exceed in strength the concentration values
established as representative of normal sewage.
A pipe or conduit that carries wastewater, storm water or
drainage water.
All industrial users subject to Categorical
Pretreatment Standards; and
Any other industrial user that: discharges an
average of 25,000 gallons per day or more of process wastewater to
the POTW (excluding sanitary, noncontact cooling and boiler blowdown
water); contributes a process wastestream which makes up 5% or more
of the average dry weather hydraulic or organic capacity of the POTW
treatment plant; or is designated as such by the Control Authority
(aka City of Batavia) on the basis that the industrial user has a
reasonable potential for adversely affecting the POTW's operation
or for violating any pretreatment standard or requirement.
Upon a finding that an industrial user meeting
the above criteria has no reasonable potential for adversely affecting
the POTW's operation or for violating any pretreatment standard or
requirement, the Control Authority may at any time on its own initiative
or in response to a petition received from an industrial user, and
in accordance with current regulations, determine that such industrial
user is not a significant industrial user.
An industry is in significant noncompliance if its violation
meets one or more of the following criteria:
Chronic violations of wastewater discharge limits,
defined here as those in which 66% or more of all of the measurements
taken during a six-month period exceed (by any magnitude) the daily
maximum limit or the average limit for the same pollutant parameter.
Technical review criteria (TRC) violations,
defined here as those in which 33% or more of all measurements for
each pollutant parameter taken during a six-month period equal or
exceed the product of the daily maximum limit or the average limit
multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil
and grease, and 1.2 for all other pollutants except pH).
Any other violation of a pretreatment effluent
limit (daily maximum or longer term average) that the Control Authority
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).
Failure to meet, within 90 days after the scheduled
date, a compliance schedule milestone contained in a local control
mechanism or enforcement order for starting construction, completing
construction or attaining final compliance.
Failure to provide, within 30 days after the
due date, required reports such as baseline monitoring reports, ninety-day
compliance reports, periodic self-monitoring reports and reports on
compliance with compliance schedules.
Failure to accurately report noncompliance.
Any other violation or group of violations which
the Control Authority determines will adversely affect the operation
or implementation of the local pretreatment program.
Any discharge of water, wastewater 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 time(s)
the average twenty-four-hour concentration or flows during normal
operation.
The State Pollutant Discharge Elimination System.
The examination and analytical procedures set forth in the
most recent edition of Standard Methods for the Examination of Water
and Wastewater, published jointly by the American Public Health Association,
the American Water Works Association and the Water Pollution Control
Federation.
A drain or sewer for conveying water, groundwater, subsurface
water or unpolluted water from any source.
Any flow originating from or resulting from any form of natural
precipitation. This flow can occur during, immediately following or
substantially after (such as snow melt) the precipitation event.
The assessment in addition to the service charge which is
levied on those persons whose wastes are greater in strength than
the concentration values established as representative of normal sewage.
Total suspended matter that either floats on the surface
of, or is in suspension in, water, wastewater or other liquids, and
that is removable by laboratory filtering as prescribed in Standard
Methods for the Examination of Water and Wastewater and referred to
as nonfilterable residue.
Any substance whether gaseous, liquid or solid which constitutes a hazard to human beings or animal or plant life, or inhibits aquatic life or creates a hazard to recreation in the receiving waters of the effluent from a wastewater treatment plant. See § 147-17B, Toxic substances.
Water not containing any pollutants, limited or prohibited
by this chapter and/or the effluent standards in effect, or water
whose discharge will not cause any violation of receiving water quality
standards.
Any person who contributes, causes or permits the introduction
of wastewater into the wastewater treatment system.
Includes wastewater and any and all other impurities or waste
substances: liquid, solid, gaseous, heat or radioactive, associated
with human habitation, or of human or animal origin, or from any producing,
manufacture or processing operation of whatever nature, including
such waste placed within containers of whatever nature prior to, and
for purposes of, disposal.
Sometimes referred to as "sewage," shall mean the liquid
and water-carried industrial or domestic wastes from dwellings, commercial
buildings, industrial facilities and institutions, together with any
groundwater, surface water and stormwater that may be present, whether
treated or untreated, which is discharged into or permitted to enter
the City wastewater treatment system.
The individual chemical, physical, bacteriological and radiological
parameters, including volume and flow rate and such other parameters
that serve to define, classify or measure the contents, quality, quantity
and strength of wastewater.
Used interchangeably with POTW shall mean any existing and
future devices, facilities, structures, equipment or works owned by
the City for the purpose of wastewater treatment, reuse or disposal,
including facilities for the purpose of transmission, storage, wastewater
treatment, sludge disposal, recycling, reuse, reclamation of industrial
and domestic wastes, or site acquisition of the land that will be
an integral part of the treatment process or is used for ultimate
disposal of residues resulting from such treatment.
Any devices and structures for treating wastewater, industrial
wastes and/or sludge. Sometimes used synonymous with "waste treatment
plant" or "wastewater treatment plant" or "water pollution control
plant."
A channel in which a flow of water occurs, either continuously
or intermittently.
The Water Pollution Control Federation.
C.Â
"Shall" is mandatory; "may" is permissive.
D.Â
Terms not otherwise defined herein shall be as adopted
in the latest edition of Glossary - Water and Wastewater Control Engineering,
published by the American Public Health Association, the American
Water Works Association and the Water Pollution Control Federation.
