Town of Niagara, NY Sewers

Any conveyance which allows any nonstormwater discharge, including treated or untreated sewage, process polluted water, and wash water to enter the MS4 and any connection to the storm sewer system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency; or

MAIN SEWER OR STREET SEWER

Any drain or conveyance connected from a commercial or industrial land use to the MS4 which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.

ILLICIT DISCHARGE

Any direct or indirect nonstormwater discharge to the MS4, except as exempted in § 200-20E of this chapter.

[Added 12-11-2007 by L.L. No. 4-2007]

INDUSTRIAL ACTIVITY

Activities requiring the SPDES permit for discharges from industrial activities except construction, GP-98-03, as amended or revised.

[Added 12-11-2007 by L.L. No. 4-2007]

INDUSTRIAL USER

Any user generating or producing as a by-product liquid wastes from manufacturing processes, trade, business, institution or other standard industrial classification (SIC) index operations as distinct from domestic sewage.

INDUSTRIAL WASTES

The liquid wastes from industrial manufacturing processes, trade, business, institutions or other standard industrial classification (SIC) index establishments or operations as distinct from sanitary or domestic sewage.

INFLOW

Water other than wastewater that enters a sewerage system, including sewer service connections, from sources such as roof leaders, cellar drains, yard drains, area drains, foundation drains, drains from springs and swampy areas, manhole covers, cross connections between storm sewers and sanitary sewers, catch basins, cooling towers, stormwaters, surface runoff, street wash waters or drainage. Inflow does not include, and is distinguished from, infiltration.

INTERFERENCE

The inhibition or disruption of the POTW treatment processes or operations or which contributes to a violation of any requirement of Niagara County Sewer District #1 SPDES permit. The term includes prevention of sewage sludge reuse, reclamation 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 Substance Control Act or more stringent state criteria applicable to the method of disposal or use employed by the POTW.

That part of the public sewer system with pipes laid longitudinally along the center line or other part of the street or other right-of-way and to which building sewer laterals may be connected.

MS4

Municipal separate storm sewer system.

[Added 12-11-2007 by L.L. No. 4-2007]

MULTIUSER BUILDING

Any building which contains or houses more than one residential and/or commercial user, such as an apartment, house, plaza containing a number of separate businesses, living units or combination thereof unless as exempted by this chapter.

MUNICIPAL SEPARATE STORM SEWER SYSTEM

A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm sewers):

[Added 12-11-2007 by L.L. No. 4-2007]

Owned or operated by the Town of Niagara;

Designed or used for collecting or conveying stormwater;

Which is not a combined sewer; and

PREMISES ACCESSIBLE TO THE SEWER SYSTEM

Which is not part of a publicly owned treatment works (POTW) as defined at 40 CFR § 122.2.

NATURAL OUTLET

Any outlet into a watercourse, pond, ditch, lake, river, well or other body of water or surface or ground water.

NONSTORMWATER DISCHARGE

Any discharge to the MS4 that is not composed entirely of stormwater.

[Added 12-11-2007 by L.L. No. 4-2007]

NPDES

National Pollutant Discharge Elimination System Permit Program, whether administered by the USEPA or by the state.

NYSDEC

The New York State Department of Environmental Conservation or other duly authorized official of said Department.

OWNER

Owner of record in fee simple of the premises, or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, a receiver, executor, trustee, lessee or other person, firm or corporation in control of a building.

PERSON

Any individual, firm, company, association, society, corporation, group or legal entity, including a municipality.

The logarithm to the base 10 of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

POLLUTANT

Dredged spoil, filter backwash, solid waste, incinerator residue, treated or untreated sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand and industrial, municipal, and agricultural waste and ballast discharged into water, any of which may cause or might reasonably be expected to cause pollution of the waters of the state in contravention of water quality standards.

[Added 12-11-2007 by L.L. No. 4-2007]

POLLUTED WATER

Water that is not stormwater, is contaminated with pollutants and has been or will be discarded.

[Added 12-11-2007 by L.L. No. 4-2007]

POLLUTION

The man-made or man-induced alteration of chemical, physical, biological and radiological integrity of water.

POTW TREATMENT PLANT

That portion of the POTW which is designed to provide treatment, including recycling and reclamation, of municipal sewage and industrial waste. [40 CFR 403.3(p)]

PREMISES

Any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.

[Added 12-11-2007 by L.L. No. 4-2007]

Real estate which adjoins, abuts or is adjacent to a street or other right-of-way in which there is a main sewer, even though a building sewer lateral is not installed.

PRETREATMENT

The reduction of the amount of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW and the public sewer system. The reduction or an alteration can be obtained by physical, chemical or biological processes, process changes or by other means, except as prohibited by 40 CFR 403.6, General Pretreatment Regulations for existing and new sources of pollution.

PROPERLY SHREDDED GARBAGE

The wastes from the preparation, cooking and dispensing of foods that have been shredded to such decree that all particles will be carried freely under the flow conditions normally prevailing in public sewers with no particle greater than 1/2 inch in any dimension.

PUBLICLY OWNED TREATMENT WORKS (POTW)

A treatment works as defined by § 212 of the Clean Water Act, which is owned by the state or its municipality. A POTW includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes and other conveyances, only if they convey wastewater to a POTW treatment plant. [40 CFR 403.3(0)]

PUBLIC SEWER SYSTEM OR PUBLIC SEWER

The sanitary sewer constructed and/or owned by the Town for collection and transportation of domestic, commercial or industrial wastewater or any other wastewater approved for discharge by the Town.

RESIDENTIAL USER

Individual house, individual apartment or other unit used as living quarters, continuously or intermittently, and which is connected directly or indirectly to the public sewer system.

SANITARY SEWER

A sewer which carries wastewater and to which storm-, surface and ground water are not intentionally admitted.

SEWAGE

Wastewaters from all sources except industrial waste with stormwater and surface water excluded.

SEWER

A pipe or conduit for carrying wastewater.

SIGNIFICANT INDUSTRIAL USERS

All industries subject to promulgated categorical pretreatment standards.

Industries having substantial impact, either singly or in combination with other contributing industries, on the operation of treatment works or Town sewers.

Manufacturing industries using, on an annual basis, more than 10,000 pounds and/or 1,000 gallons of material containing priority pollutants/substances of concern and discharging a measurable amount of those pollutants to the sewer system from the processes using these pollutants.

[Added 12-11-2007 by L.L. No. 4-2007]

Those industries discharging more than 5% of the flow or load carried by the treatment plant receiving the waste.

SLUG

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 times the average twenty-four-hour concentration or flows during normal operation.

SPECIAL CONDITIONS

Discharge compliance with water quality standards: the condition that applies where the Town has been notified that the discharge of stormwater authorized under their MS4 permit may have caused or has the reasonable potential to cause or contribute to the violation of an applicable water quality standard. Under this condition, the Town must take all necessary actions to ensure future discharges do not cause or contribute to a violation of water quality standards.

303(d) listed waters: the condition in the Town's MS4 permit that applies where the MS4 discharges to a 303(d) listed water. Under this condition, the stormwater management program must ensure no increase of the listed pollutant of concern to the 303(d) listed water.

Total maximum daily load (TMDL) strategy: the condition in the Town's MS4 permit where a TMDL including requirements for control of stormwater discharges has been approved by EPA for a water body or watershed into which the MS4 discharges. If the discharge from the MS4 did not meet the TMDL stormwater allocations prior to September 10, 2003, the Town was required to modify its stormwater management program to ensure that reduction of the pollutant of concern specified in the TMDL is achieved.

STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM (SPDES) STORMWATER DISCHARGE PERMIT

The condition in the Town's MS4 permit that applies if a TMDL is approved in the future by EPA for any water body or watershed into which an MS4 discharges: Under this condition, the Town must review the applicable TMDL to see if it includes requirements for control of stormwater discharges. If an MS4 is not meeting the TMDL stormwater allocations, the Town must, within six months of the TMDL's approval, modify its stormwater management program to ensure that reduction of the pollutant of concern specified in the TMDL is achieved.

STATE

The State of New York.

A permit issued by NYSDEC that authorizes the discharge of pollutants to waters of the state.

[Added 12-11-2007 by L.L. No. 4-2007]

STORMWATER

Rainwater, surface runoff, snowmelt and drainage.

[Added 12-11-2007 by L.L. No. 4-2007]

STORMWATER MANAGEMENT OFFICER (SMO)

An employee or officer of the Town of Niagara appointed by the Town Board to enforce this section. The SMO shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as the State of New York shall require for code enforcement personnel.

[Added 12-11-2007 by L.L. No. 4-2007]

SUPERINTENDENT

A person designated by the Town Board to be in charge of supervision of public sewer system and all other sewerage works of the Town of Niagara, his or her authorized deputy, agent or representative.

SUSPENDED SOLIDS

Solids that either float on the surface of or are in suspension in water, sewage or other liquids and which are removable by filtering under standard laboratory procedures, expressed in parts per million by weight.

303(d) LIST

A list of all surface waters in the state for which beneficial uses of the water (drinking, recreation, aquatic habitat, and industrial use) are impaired by pollutants, prepared periodically by NYSDEC as required by Section 303(d) of the Act. 303(d) listed waters are estuaries, lakes and streams that fall short of state surface water quality standards and are not expected to improve within the next two years.

[Added 12-11-2007 by L.L. No. 4-2007]

TMDL

Total maximum daily load.

[Added 12-11-2007 by L.L. No. 4-2007]

TOTAL MAXIMUM DAILY LOAD

The maximum amount of a pollutant to be allowed to be released into a water body so as not to impair uses of the water allocated among the sources of that pollutant.

[Added 12-11-2007 by L.L. No. 4-2007]

TOWN

Town of Niagara.

TOWN BOARD

The Town Board of the Town of Niagara, New York.

UNPOLLUTED WATER

Water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided.

USEPA

The United States Environmental Protection Agency or, where appropriate, the designation for the administrator or other duly authorized official of said agency.

USER

Any person, firm, corporation or legal entity whose premises are connected to the sanitary sewer system of the Town or a user under a legal obligation to connect.

WASTEWATER

Any used water containing animal, mineral or vegetable matter in suspension or solution discharged from commercial, residential or industrial source.

WATERCOURSE

A natural or artificial channel for the passage of water, either continuously or intermittently.

Word usage. "Shall" is mandatory; "may" is permissive.

§ 200-2 Requirements of county, state or federal agencies.

No portion of this chapter shall be construed to interfere with any additional requirements that may be imposed by the appropriate county, state or federal agencies. In the event that any Town requirement or specification is greater or more stringent, then the Town requirement shall prevail.

§ 200-3 Discharges to natural outlets.

It shall be unlawful to discharge to any natural outlet within the Town or in any area under the jurisdiction of the Town, any wastewater, industrial wastes or other polluted waters, unless specifically permitted to do so by the Town and where a federal NPDES permit has been duly issued and is currently valid for such discharge.

§ 200-4 Private disposal systems.

It shall be unlawful to construct or maintain any private sewage disposal system or other facility intended or used for the disposal of sewage within any area where sewer service is available.

Where a public sanitary sewer is not available under the provisions, the building drain shall be connected to a private sewage disposal system complying with all rules and regulations of the Town, the Niagara County Health Department and the state.

§ 200-5 Connection required where public sewer available; notification.

The owner of all houses, buildings or property used for human occupancy, employment, recreation or other purposes, situated within the Town and abutting on any street, alley, easement or right-of-way in which there is a public sanitary sewer is hereby required, at his or her expense, to connect such facilities directly with the public sewer in accordance with the provisions of this chapter within 90 days after the official notice from the Town to do so.

As public sewers become available to property presently being served by a private sewage disposal system, separate building sewers for each building shall be directly connected to the building sewer lateral pursuant to the terms of this chapter, and any septic tanks and similar private sewage disposal systems shall be abandoned and filled with such material as shall be approved by the Superintendent. All septic tanks, cesspools and private disposal systems shall be pumped free of all sewage and transported to a suitable disposal site authorized by law.

All costs and expenses incident to the installation of the building sewer shall be borne by the owner. The owner shall indemnify the Town for any loss or damage to public property that may be directly or indirectly occasioned by the installation of the building sewer.

The owner of property shall, subject to this chapter, be liable for sewer rents, charges, permits and fees upon official notification as provided above, regardless of whether said property owner has connected to the sewer system, unless the Town has directed, in writing, that the connection not be made.

Any person owning premises accessible to the Town sewer system shall pay a sewer-use charge in accordance with this chapter in order to pay their proportionate share of the cost of operation, maintenance and financing provided by the Town. Billings shall be made regardless of whether such person has actually connected to the sewer system, and the owner shall be liable for all charges, fees and permits required by the Town.

The Town shall assume no responsibility for the failure of a purchaser of realty to determine the amount of any unpaid water or sewer charges prior to closing. It shall be the purchaser's responsibility to prorate sewer charges and assessments prior to closing. Certificates of compliance shall be issued by the Superintendent or other appropriate Town official after payment of a fee to be set by the Town Board by resolution.

The owners of structures connected to the sanitary sewer system shall keep such building sewers in proper operating order and shall make necessary repairs or replacement within 48 hours after written notification by the Superintendent. If repairs or replacement have not been made within 48 hours after written notification by the Superintendent, the Superintendent may cause such repairs or replacement to be made under his or her supervision. In lieu of, or in addition to, making the required repairs or replacement, the Superintendent may cap or otherwise isolate the building sewer from the public sewer system at the property line. All costs in connection therewith shall be assessed to the property owner in the same manner as defined in § 200-6 of this chapter, except there shall be no additional notification requirements.

§ 200-6 Failure to make connection, installation by Town.

If, after the expiration of 90 days from the date of official notification, the owner of any property affected by the provisions of this chapter has failed to make such sewer connections as required by this chapter, after receiving official notice requiring such action as hereinbefore provided, the Town may cause such connection to be made under the direction and supervision of the Superintendent.

Before proceeding to make any such connection, the Superintendent shall cause notice of such contemplated connection to be given to the owners, as shown in the records of the Town Tax Assessor's office, of any properties affected thereby. The notice shall contain a description of the property affected, as shown in the records of the Town Assessor's office, sufficiently definite in detail to identify it, as well as a description of the required connection and notice that, unless the connection shall be completed within 30 days after the service thereof, the Town may proceed to make such connection or cause the same to be made.

When any such sewer connection shall be made by the Town, a true and accurate account of the costs and expenses shall be kept and apportioned to the property or properties connected with the sewers, and a true and accurate statement of the costs, under oath, shall be forthwith filed by the Superintendent with the Town Clerk. The Town Board shall examine the same and, if properly made, shall confirm it and file such statement with the tax collector who shall record the sewer connection costs and expenses in the same book in which he or she records other assessments.

Every such sewer connection costs and expenses shall bear interest and penalties from the same time and at the same rate as assessment for local improvements in the Town and from the time of confirmation shall be a first and paramount lien against the respective property or properties so connected with the sewer to the same extent as assessments for local improvements and shall be collected and enforced in the same manner. No such charge for sewer connections shall be invalid by reason of any error or omission in stating the name of the owner or owners of properties affected by such sewer connections or for any other informality, where such property or real estate has actually been improved by such sewer connection.

§ 200-7 Permits for building sewers.

No person shall construct, uncover, make any connection with or opening into, or use, alter, repair, replace or disturb any sewer or appurtenance thereof, without first obtaining a written permit from the Superintendent.

Classes of permits. A separate permit shall be required for each separate connection to a building sewer lateral.

There shall be four classes of building connection permits: Class I for residential users, Class II for commercial users designated hereunder, Class III for industrial users and Class IV for repairs and modifications to existing building sewers and appurtenances.

An applicant for a permit of each class shall make application for such permit on a form furnished by the Town. The permit application shall be supplemented by any plans, specifications, special conditions or other information considered pertinent in the judgment of the Superintendent or required by this chapter or such other Town local laws, ordinances and regulations that may be applicable.

Permit fees for each class of permit are contained in Appendix A of this chapter.[1]

Editor's Note: See 200 Attachment 1 included at the end of this chapter.

Building connection permits shall expire one year after date of issuance. All permit fees called for under this chapter shall be nonrefundable unless written application for refund is made within one year after date of issue.

§ 200-8 Owner to apply for building sewer lateral.

Where no building sewer lateral has been provided by the Town, the owner shall apply to the Superintendent and the Town may have the building sewer lateral installed from the main sewer to the property line. Should the Town be unable to provide a building sewer lateral due to technical, economic or other consideration, the property will not be considered accessible to the sewer system.

§ 200-9 Construction.

All sewer construction and related activities shall be performed in strict accordance with the Town of Niagara Local Law governing construction standards and any applicable portions of the State Uniform Fire Prevention and Building Code applicable to plumbing and such other local laws and ordinances which may be applicable.

A separate independent building sewer shall be provided for every building, except where one building stands at the rear of another on an interior lot, and no separate building sewer lateral is available or can be constructed to the rear building through an adjoining alley, courtyard or driveway. Under such conditions, the building sewer from the front building may be extended to the rear building, and the whole considered as two building sewers for the purposes of connection fees and permit fees only.

Old building sewers may be used in connection with new buildings only when they are found, on examination, and tested to the satisfaction of the Superintendent to meet all requirements of this chapter.

§ 200-10 Prohibited discharge.

No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer:

Any stormwater, ground water, roof runoff, surface drainage, downspouts, yard drains, sump pumps, foundation drains, ponds, lawn sprays, swimming pools, unpolluted industrial water or unpolluted cooling water. No person shall connect any source of inflow to the sanitary sewer. Violators will be subject to penalties estalished in § 200-19.

[Amended 6-21-2011]

Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas or any liquid, solids or gases which by reason of their nature or quantity are sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the POTW or to the operation of the POTW.

Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a public nuisance or create any hazard in the receiving waters of the wastewater treatment plant, including but not limited to cyanides in excess of two milligrams per liter as CN in the wastes as discharged to the POTW.

Any waters having pH lower than 5.5 or higher than 9.5 or having any other corrosive property capable of causing damage or hazard to sewers, structures, equipment and personnel of the POTW.

Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow or other interference with the proper operation of the POTW, 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 containers, etc., either whole or ground by garbage grinders.

(6)

Any noxious or malodorous substances which can form a gas which, either singly or by interaction with other wastes, is capable of causing objectionable odors or hazards to life or form solids in concentration exceeding limits established in this chapter, or create any other condition deleterious to the POTW or requires unusual provisions, attentions or expense to handle such material.

(7)

Any substance which may cause the POTW's effluent or any other product of the POTW, such as residues, sludge or scums, to be unsuitable for reclamation process where the POTW is pursuing a reuse and reclamation program. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations affecting sludge use or disposal development pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substance Control Act or state criteria applicable to the sludge management method being used.

(8)

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.

(9)

Any unusual volume of flow or concentration of wastes constituting slugs as defined herein.

(10)

Any wastewaters containing radioactive wastes.

(11)

Cooling water shall not be discharged into any public sewer, unless it is unpolluted and below 150° F.

No person shall discharge or cause to be discharged the following described substances, materials, waters or wastes, if it appears likely in the opinion of the Superintendent that such wastes can harm either the POTW, Town sewer system, wastewater treatment process or equipment and have any adverse effect on the receiving stream, or can otherwise endanger life, limb, public property or constitute a nuisance. In forming his or her opinion as to the acceptability of these wastes, the Superintendent will give consideration to such factors as the quantities of subject wastes in relation to flow and velocity in the sewers, materials of construction of the sewers, nature of the wastewater treatment process, capacity of the wastewater treatment facility, degree of treatability of wastes in the wastewater treatment facility and other pertinent factors. The substances prohibited are:

Any liquid or vapor containing heat in amounts which will accelerate the biodegradation of wastes or cause the formation of excessive amounts of hydrogen sulfide in the wastewater sewer or inhibit biological activity in the wastewater treatment facilities, but in no case shall the discharge cause the temperature in the sewer to exceed 150° F. (65° C.) or the temperature of the influent to the treatment facilities to exceed 104° F. (40° C.) [40 CFR 403.5(b)(5)].

Any water or waste containing fats, wax, grease or oils, whether emulsified or not, in excess of 100 milligrams per liter or containing substances which may solidify or become viscous at temperatures between 32° F. and 150° F. (65° C.).

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 Superintendent.

Any waters or wastes containing strong acid, iron, pickling wastes or concentrated plating solutions, whether neutralized or not.

Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances, or wastes exerting an excessive chlorine requirement, to such degree that any material received in the composite sewage within the sewerage system in excess of the concentrations prescribed herein or other substances that exceeds the limits established by the Town for such materials.

Salts of a heavy metal in solution or suspension, or elements which will damage or are detrimental to the POTW or treatment process, in concentrations exceeding the following:

Substance	Concentration (miligrams per liter)
Chromium as Cr	0.25
Copper as Cu	0.2
Zinc as Zn	0.5
Nickel and Ni	1.0
Cadmium	0.1
Arsenic	0.05
Barium	1.0
Boron	1.0
Lead	0.05
Manganese	1.0
Mercury	0.001
Selenium	0.02
Silver	0.05

(6)

Any waters or wastes containing phenols or other taste or odor-producing substances, in such concentrations exceeding limits which may be established by the Town as necessary, after treatment of the composite wastewater, to meet the requirements of the county, state, federal or other public agencies or jurisdiction for such discharge to the receiving waters.

(7)

Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Town in compliance with applicable county, state or federal regulations.

(8)

Materials which exert or cause:

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 and sodium sulfate.

Excessive discoloration, such as but not limited to dye wastes and vegetable tanning solutions.

Unusual BOD, chemical oxygen demand or chlorine requirements in such quantities as to constitute a significant load on the wastewater treatment facility.

(9)

Waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed or are amenable to treatment only to such degrees that the wastewater treatment facility effluent cannot meet the requirements of other agencies.

(10)

Any water or waste that contains more than 10 parts per million of the following gases: hydrogen sulfide, sulfur dioxide or nitrous oxide.

(11)

Any industrial, commercial or institutional wastewater strength exceeding:

Three hundred parts per million of biochemical oxygen demand.

Three hundred parts per million by weight of suspended solids.

Ten parts per million by weight of total phosphorous measured as P.

If any waters or wastes are discharged, or are proposed to be discharged to the POTW, or Town sewer system, which waters contain the substances or possess the characteristics enumerated in this chapter and which, in the judgment of the Superintendent, may have a deleterious affect upon the POTW, or Town sewer system, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Superintendent may:

Reject the waste.

Require pretreatment to an acceptable condition prior to discharge to the POTW, or Town sewer system.

Require control over the quantities and rates of discharge.

Require a payment of a surcharge to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of this chapter. Computation of such surcharges shall be determined by the Town based on the cost of operation, maintenance, treatment, administration, depreciation, amortization, plus sufficient coverage for the POTW or Town sewer system.

Violators will be subject to penalties established in § 200-19.

[Added 6-21-2011]

§ 200-11 Pretreatment.

The admission into the public sewers of any waters or wastes of abnormal strength or containing any quantity of substances having the characteristics described in this chapter or having an average daily flow greater than 2% of the average daily wastewater flow of the Town shall be subject to review and approval of the Superintendent. Where necessary, in the opinion of the Superintendent, the owner shall provide, at his or her expense, such preliminary treatment as may be necessary to reduce the objectionable characteristics or constituents to within the maximum limits provided for in this chapter or control the quantities and rates of discharges of such waters or wastes.

All significant industrial users, as defined, must comply with federal pretreatment standards and any other applicable requirements promulgated by the Environmental Protection Agency (EPA) in accordance with § 307 of the Federal Water Pollution Control Act Amendments (FWPCCA) of 1977 and any more stringent pretreatment standards necessitated by local conditions.

Grease, oil and sand interceptors shall be provided when, in the opinion of the Superintendent, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand or other harmful ingredients. All interceptors shall be of a type and capacity approved by the Superintendent and shall be located as to be readily and easily accessible for cleaning and inspection.

Preliminary treatment facilities shall be of a type and capacity approved by the Town Board and must produce an effluent conforming to the provisions of this chapter.

Plans, specifications and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the Superintendent and of the NYSDEC or such other governmental agencies having jurisdiction over the subject matter, and no construction of such facilities shall be commenced until said approvals are obtained in writing. However, the approval of such plans by the Town will in no way relieve such person of the responsibility for modifying the structure once constructed as necessary to produce an effluent acceptable to the Town under the terms of this chapter.

Where preliminary treatment facilities are provided for any water or wastes, they shall be maintained continuously in satisfactory and effective operations, by the owner, at his or her expense.

The owner of preliminary treatment facilities shall maintain operating records and shall submit to the Superintendent a monthly summary report of the character of the influent and effluent as may be prescribed by the Superintendent to show satisfactory performance of the treatment facilities. The Town shall be reimbursed by the industrial user for all expenses incurred by the Town or its duly authorized agents in sampling and measuring discharged wastewater of the industrial user.

Preliminary treatment facilities shall be subject to the periodic inspection by the Superintendent.

Each industrial user, pursuant to Federal Pretreatment Regulations (40 CFR 403), will be required to obtain a wastewater discharge permit from the Town.

The permit will control, by contract, the contribution of the POTW or Town sewer system by each industrial user to ensure compliance with applicable pretreatment standards and requirements.

§ 200-12 Terms and conditions of permit or contract.

The terms and conditions of the permit and/or contract between the industrial user, the municipality receiving the Town wastewater and the Town will contain the following:

Unless stated otherwise, the maximum time period for the permit to discharge shall be three years with provisions for extension.

The permit terms and conditions may be subject to modification and changed by the Town. The time schedule for notification and compliance will also be stated.

The permit shall not be reassigned or transferred or sold to a new owner, new user, different premises or a new or changed operation. (The initial permit was issued to a specific user for a specific operation.)

An industrial discharger shall apply for a permit modification if production or process is changed so that the wastewater characteristics or flow is altered.

A list of conditions of the permit which, upon violation of, would result in revocation of the permit will be stated.

Information concerning volume, constituents and characteristics of wastewater, flow rates, each produced by type, amount and rate of production and description of activities, facilities and plant processes on the premises, including all materials processed and types of material which are or could be discharged. The Town shall implement measures to ensure the confidentiality of information provided by an industrial discharger pursuant to this chapter. In no event shall any claimed confidential information be disclosed to any person without prior notice in writing to the owner with the opportunity to protect such confidential information, including the right to seek judicial relief.

The conditions of wastewater discharge permits shall be uniformly enforced by the Town in accordance with this chapter and applicable state and federal regulations. Also the permit shall be expressly subject to all provisions of this chapter and all other regulations, user charges and fees established by the Town, the municipality receiving the wastewater and applicable state and federal regulations.

Permits shall contain specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule.

An industrial user shall notify the Town and the municipality receiving the wastes immediately upon accidentally discharging wastes in violation of this chapter or a slug discharge. This notification shall be followed, within five days of the date of occurrence, by a detailed written statement describing the causes of the accidental discharge and the measures being taken to prevent future occurrences. Such notification will not relieve users of liability for any expense, loss or damage to the sewer system, treatment plant or pretreatment process, or for any fines imposed by the Town under applicable Town, county, state and federal regulations.

A notice shall be furnished and permanently posted on the industrial user's bulletin board advising employees of whom to call in case of an accidental discharge in violation of this chapter. Also, copies of the applicable local laws are to be made available to user's employees.

Any direct or indirect connection or entry point for persistent or deleterious wastes to the user's plumbing or drainage system shall be eliminated. Where such action is impractical or unreasonable, in the judgment of the Town, the user shall approximately label such entry points to warn against discharge of such wastes in violation of this chapter.

When pretreatment regulations are adopted by USEPA or NYSDEC for any industry, then that industry must immediately conform to the USEPA or NYSDEC timetable for adherence to federal or state pretreatment requirements and any other applicable requirements promulgated by USEPA or NYSDEC in accordance with § 307 of P.L. 95-217. Additionally, such industries shall comply with any more stringent standards necessitated by local conditions as determined by the Town.

Compliance schedules.

If additional pretreatment and/or operation and maintenance will be required to meet pretreatment regulations, the industrial user will immediately advise the Town of the shortest schedule by which the industrial user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment regulations.

The following conditions shall apply to this schedule:

The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the industrial user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).

No increment referred to in Subsection M(2)(a) shall exceed nine months.

Not later than 14 days following each date in the schedule and the final date for compliance, the industrial user shall submit a progress report to the Town, including at a minimum whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay and the steps being taken by the industrial user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the Town.

No user shall 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 Town, the municipality receiving the sewage or unless authorized by state or federal regulations.

Any person who knowingly makes any false statements, representation, record, report, plan or other documentation filed with municipality or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter shall be considered in violation of this chapter.

The Town is also authorized to issue an order to cease and desist and direct those persons not complying with such prohibitions, limits, requirements or provisions of the chapter or the wastewater discharge permit to:

Comply forthwith;

Comply in accordance with a time schedule set forth by the Town; or

Take appropriate remedial or preventive action in the event of a threatened violation.

The Town may revoke any wastewater discharge permit or terminate or cause to be terminated wastewater service to any premise if a violation of any provision of this chapter is found to exist or if a discharge of wastewater causes or threatens to cause a condition of contamination or pollution as defined in this chapter.

Severance of connections.

The Town may immediately sever any sewer connections when such action is necessary, in the opinion of the Superintendent, in order to halt or prevent a discharge which reasonably appears to present an imminent threat to the health or welfare of persons.

The Town may issue orders requiring suspension of a discharge when such suspension is necessary to halt or prevent a discharge which presents or may present an endangerment of the environment or threatens to interfere with the operation of any part of the treatment system.

Any person receiving such an order shall immediately stop or eliminate the contribution. In the event that such person fails to comply voluntarily with the suspension order, the Town shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the environment or the treatment system. The Superintendent shall reinstate wastewater treatment service upon proof of the elimination of the noncomplying discharge.

The Town shall not be liable for damage or losses occurring as a result of actions taken in accordance with these provisions.

The Town may require the submission of all notices and self-monitoring reports from industrial users as are necessary to assess and assure compliance by industrial users with pretreatment standards and requirements, including but not limited to the reports required in 40 CFR 403.12 and 40 CFR 403.8(f)(1)(iv)(B).

The permit shall also contain the following:

Effluent limitations or other appropriate limitations when toxic substances are present in the user's wastewater discharge.

Requirements for submission of reports for conditions of noncompliance.

Requirements for submission of technical reports or discharge reports.

Pretreatment requirements, when deemed necessary in the opinion of the Superintendent.

Requirements for the submission of information concerning the disposal of waste material separated from the authorized discharge.

(6)

Schedule of compliance allowing reasonable time to conform with effluent limitations, when deemed necessary in the opinion of the Superintendent.

(7)

Limits on the average and maximum wastewater constituents, flow rates and time of discharge.

(8)

Requirements for maintaining plant records relating to wastewater discharge as specified by the Town and affording the Superintendent or other duly authorized employees of the Town access thereto, including affording the Superintendent or said employees the opportunity to inspect and copy industrial effluent data and records.

(9)

The computation and requirement for payment of the industrial waste surcharge, when deemed necessary in the opinion of the Superintendent.

(10)

Other conditions as deemed appropriate by the Superintendent to ensure compliance with these regulations.

(11)

Requirements for the reporting of slug discharges as required by 40 CFR 403.12(f).

§ 200-13 Measurements, tests and analysis.

All measurements, tests and analysis of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, and shall be determined as herein provided.

The costs of sampling and testing shall be borne by the industry or establishment, whether owner or lessee. Tests shall be made by an independent laboratory.

The owner of each building served by a public sewer system is hereby required to have installed an approved type of sewage or water meter for the purpose of computing his or her sewer charges for each residential, commercial and industrial user occupying his or her building at the time connection is made to the public sewer system. Said meters shall record the volume of all flows which enter the public sewer system, whether originating from a public water supply system, private wells or other sources.

One meter may be permitted by the Town to serve more than one user, and the minimum quarterly charge to be billed in such cases shall be per unit in multiunit and multiuser buildings whether residential, commercial or industrial or any combination thereof. "One unit" shall consist of one dwelling, apartment, residence or living quarter, commercial or industrial establishment; the minimum fee as provided in Appendix A[1] shall be determined by multiplying the number of units by the minimum quarterly charge per unit. Units in areas zoned residential, where property owner is conducting a home occupation authorized under Chapter 245, Zoning, shall be considered as one unit only for the purposes of this article.

Editor's Note: Appendix A is included at the end of this chapter.

Where it can be shown to the satisfaction of the Superintendent that a substantial portion of the water as measured by the aforesaid meter or meters does not enter the public sewer system, the Superintendent may require or permit the installation of additional meters at the owner's expense in such manner as to measure the quantity of water actually entering the public sewer system from the building or premises of such owner or occupant, and the quantity of water used to determine the sewer service charge and any surcharges may be the quantity of water actually entering the sewer system as so determined, if the Superintendent so elects.

The owner of any property served by a building sewer carrying industrial wastes shall install a waste flow meter and sampling device in a suitable control manhole in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole shall be accessibly and safely located and shall be constructed in accordance with plans approved by the Superintendent. The manhole shall be installed by the owner at his or her expense and shall be maintained by him or her so as to be safe and accessible at all times.

The industrial waste discharged or deposited into the public sewers shall be subject to inspection and sampling as often as may be deemed necessary by the Superintendent. Samples shall be collected in such manner so as to be representative of the character and concentration of the wastewater under operational conditions. The determination of the character and concentration of industrial waste shall be made by the Superintendent.

All sewage metering devices and water meters not provided by the Town shall be of a type and capacity approved by the Superintendent and shall be furnished, installed and maintained at the owner's expense. The Superintendent may order such sewage or water meters checked and/or calibrated at the owner's expense.

If the Superintendent finds that it is not practicable to measure the quantity or quality of waste by the aforesaid meters or monitoring devices, he or she shall determine the quantity or quality of waste in any manner or method he or she may find practicable in order to arrive at the percentage of water entering the POTW and/or the quality of the sewage to be used to determine the sewer service charge and surcharge.

No statement contained in this chapter shall be construed as preventing any special agreement or arrangement between the Town and public body, industry, business or commercial concern concerning the volume, strength or character of wastewater or industrial waste, except in the case where such agreement would allow a discharge to violate Federal Categorical Standards as promulgated by the USEPA or the National Pretreatment Standards as defined in 40 CFR 403.5(a) and (b).

§ 200-14 Rate schedule for sewer service and connection charges.

The Town sewer service charge is hereby established in Appendix A at the rate per thousand gallons based on measurement of metered water consumption, metered sewage flow, measured flow volumes or estimated quantities. The minimum bill per unit or user is established in Appendix A.[1] The Town Board shall review the rate per thousand on an annual basis and determine whether or not the rate shall be adjusted. Said rate shall be set by order of the Town Board after a public hearing.

Editor's Note: Appendix A is included at the end of this chapter.

Meters used exclusively for firefighting sprinkling systems, or other fire protection purposes, shall not be assessed.

Sewer connection charge.

A sewer connection charge, except for existing buildings and premises already serviced by public or private sewer systems, shall be assessed for each new unit connected directly or indirectly to the public sewer system as established in Appendix A. A "unit" for the purposes of this section shall be equivalent to:

One living quarter for residential users.

Each 90,000 gallons per year water use for each industrial and each commercial user.

Estimated gallonage shall be determined by the Superintendent and shall be based upon comparable industrial and commercial usage for the type of premise under development. The sewer connection charge shall be in addition to the required building sewer permit.

§ 200-15 Payment of charges.

The sewer service charge shall take effect upon the issuance of a certificate of approval by the Town for the connection of a building sewer to the public sewer system, unless the owner has been previously notified to make the connection pursuant to Article 5, then charges shall begin pursuant to that article.

Sewer service charges shall be billed quarterly based on metered water consumption or sewage flow readings, or estimated reading, and shall be payable by the date indicated on each bill. Bills shall be paid in the manner and according to the terms as provided in Article II of Chapter 241, Water, governing charges for metered water use, estimated readings and billing procedures.

Failure to bill in any given quarter for sewer service shall not relieve the building owner of the obligation to pay such charges. The failure of a user to receive a bill shall not relieve the user from liability for payment of the bill and penalties. All bills may be paid by personal check, however, in the event that a check is returned for insufficient funds, then a service charge as defined in Appendix A shall be imposed on the next scheduled quarterly payment.[1]

Editor's Note: Appendix A is included at the end of this chapter.

§ 200-16 Penalty for nonpayment.

The unpaid balance of any sewer service charges shall be assessed in the same manner as real estate taxes, and such unpaid balance shall be charged with interest at the rate of 10% per annum from the date the balance becomes due until it is paid. Unpaid balance and related interest shall be a lien upon the land and building thereon connected to the public sewer system.

The Town shall have the same remedy for collection of sewer service charges and penalties as it has for collection of taxes on real property.

In all cases where water/sewer charges remain due and unpaid at the time the annual tax roll is made out, the same shall be included therein and levied against the real property on which the water/sewer services shall have been provided and used and shall be collected with and in the same manner as other Town taxes, with additional charges, fees, and penalties incident to the collection of such taxes. To recover costs incurred by the Town in the processing of unpaid water/sewer accounts for collection by the County, there shall be added to the amount of such unpaid accounts and bills an administrative surcharge of $25 per account reflecting the Town’s costs incurred to process said account and bill. The Town Board may, by resolution after a public hearing, change the amount of said administrative fee when the Town Board’s analysis demonstrates a different fee that more properly represents the costs incurred to process and administer said account and bill.

[Added 11-18-2014 by L.L. No. 2-2014]

§ 200-17 Powers and authority of Superintendent and inspectors.

[Amended 12-11-2007 by L.L. No. 4-2007]

This section shall apply to the administration and enforcement of §§ 200-2 through 200-16 of this chapter and § 200-18 of this chapter.

The Superintendent and other duly authorized employees of the Town, bearing proper credentials and identification, shall be permitted, within the framework of the law, to enter all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter. The Town shall also have the right to inspect and copy records pertaining to the industrial users' self-monitoring procedures. The Superintendent or his or her representatives shall have no authority to inquire into any process, 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 sewer or waterways or facilities for waste treatment.

While performing the necessary work on private properties referred to in Subsection A above, the Superintendent, or duly authorized employees of the Town, shall observe all safety rules applicable to the premises established by the company.

The Superintendent and other duly authorized employees of the Town, bearing proper credentials and identification, shall be permitted to enter all private properties, within the framework of the law, through which the Town holds easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, construction, repair and maintenance of any portion of the public sewer system lying within said easement, which shall be done in full accordance with the terms of the easement pertaining to the private property involved.

Decisions of the Superintendent, the Town Board or such other official or department of the Town as may be hereafter designated by the Town Board in the interpretation and application of the provisions of this chapter shall be final and binding upon the property owner affected. In the event that an application for a building sewer permit is revoked or denied, then the Superintendent shall file with the Town Clerk a copy of his or her decision which shall include the reason for such refusal. The Superintendent shall forward a copy to the applicant. The Town Board may waive strict compliance with the provisions of this chapter where such compliance would cause great economic or technical hardship to the property owner involved. No action which shall be authorized by a permit from the Superintendent or the Town Board shall be deemed a violation of this chapter, provided that the action authorized is not injurious in any manner to the health, safety and welfare of the residents of the Town. The issuance of any such permit by the Superintendent or the Town Board shall be within their discretion and revocable at their pleasure, and upon such revocation, the provisions of this chapter shall apply as though said permit had never been granted. However, decisions of any department head, employee or agent of the Town may be appealed to the Town Board by filing a written statement within 10 days after notice by the Superintendent. Such statement shall be filed in the Town Clerk's office.

United States Environmental Protection Agency and NYSDEC representatives, bearing proper credentials and identification, shall have the same powers of inspection as the Superintendent.

§ 200-18 Damage to public sewer system.

No person(s) shall intentionally, maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the public sewer system.

§ 200-19 Penalties for offenses.

[Amended 12-11-2007 by L.L. No. 4-2007]

Except for violations of the provisions of § 200-20 of this chapter, to which the penalties set forth therein shall apply, the following penalties shall apply to violations of the provisions of this chapter:

Any violation of the requirements or specifications of this chapter is hereby declared a violation.

Any person who violates the provisions of this chapter, upon conviction thereof in a court of competent jurisdiction, shall pay a penalty in an amount not exceeding $250 for each violation or imprisonment for a period not exceeding 15 days, or both. Each day on which there is a failure to comply or a violation continues in existence shall be and is hereby declared to be a separate and distinct offense and punishable as such.

Any person violating any of the provisions of this chapter shall become liable to the Town for any expenses, loss or damage sustained or incurred by the Town by reason of such violation, and all such expenses may be assessed on the following quarterly billing.

§ 200-20 Storm sewers.

[Added 12-11-2007 by L.L. No. 4-2007]

Purpose/intent. The purpose of this section is to provide for the health, safety, and general welfare of the citizens of the Town of Niagara through the regulation of nonstormwater discharges to the MS4 to the maximum extent practicable as required by federal and state law. This law establishes methods for controlling the introduction of pollutants into the MS4 in order to comply with the requirements of the SPDES General Permit for Stormwater Discharges from MS4s, Permit No. GP-02-02. The objectives of this section are:

To meet the requirements of the SPDES General Permit for Stormwater Discharges from MS4s, Permit No. GP-02-02, or as amended or revised;

To regulate the contribution of pollutants to the MS4 since such systems are not designed to accept, process or discharge nonstormwater wastes;

To prohibit illicit connections, activities and discharges to the MS4;

To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this section; and

To promote public awareness of the hazards involved in the improper discharge of trash, yard waste, lawn chemicals, pet waste, polluted water, grease, oil, petroleum products, cleaning products, paint products, hazardous waste, sediment and other pollutants into the MS4.

Applicability and conflict.

Applicability. This section shall apply to all water entering the MS4 generated on any developed or undeveloped lands unless explicitly exempted by an authorized enforcement agency.

Conflict. Where the conditions imposed by any provisions of this section are either more restrictive or less restrictive than comparable conditions imposed by any other applicable law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive and impose higher standards or requirements shall govern.

Responsibility for administration. The SMO shall administer, implement, and enforce the provisions of this section. Such powers granted or duties imposed upon the authorized enforcement official may be delegated in writing by the SMO as may be authorized by the municipality.

Discharge prohibitions.

Prohibition of illegal discharges. No person shall discharge or cause to be discharged into the MS4 any materials other than stormwater except as provided below. The commencement, conduct or continuance of any such illegal discharge to the MS4 is prohibited except as described as follows:

The following discharges are exempt from discharge prohibitions established by this section, unless NYSDEC or the Town has determined them to be substantial contributors of pollutants: water line flushing or other potable water sources, landscape irrigation or lawn watering, existing diverted stream flows, rising groundwater, uncontaminated groundwater infiltration to storm sewers, uncontaminated pumped groundwater, foundation or footing drains, crawl space or basement sump pumps, air conditioning condensate, irrigation water, springs, water from individual residential car washing, natural riparian habitat or wetland flows, dechlorinated swimming pool discharges, residential street wash water, water from fire-fighting activities, and any other water source not containing pollutants. Such exempt discharges shall be made in accordance with an appropriate plan for reducing pollutants.

Discharges approved in writing by the SMO to protect life or property from imminent harm or damage, provided that such approval shall not be construed to constitute compliance with other applicable laws and requirements, and further provided that such discharges may be permitted for a specified time period and under such conditions as the SMO may deem appropriate to protect such life and property while reasonably maintaining the purpose and intent of this section.

Dye testing in compliance with applicable state and local laws is an allowable discharge, but requires a verbal notification to the SMO prior to the time of the test.

The prohibition of illegal discharges shall not apply to any discharge permitted under a SPDES stormwater discharge permit, waiver, or waste discharge order issued to the discharger and administered under the authority of NYSDEC, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the MS4.

Prohibition of illicit connections.

The construction, use, maintenance or continued existence of illicit connections to the MS4 is prohibited.

This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.

A person is considered to be in violation of this section if the person connects a line conveying sewage to the MS4, or allows such a connection to continue.

Prohibition against activities contaminating stormwater.

Activities prohibited.

Activities that are subject to the requirements of this section are those types of activities that:

Cause or contribute to a violation of the Town's MS4 SPDES stormwater discharge permit;

[2]

Cause or contribute to the Town being subject to the special conditions.

Such activities include improper management of pet waste or any other activity that causes or contributes to violations of the Town's MS4 SPDES permit authorization.

Upon notification to a person that he or she is engaged in activities that cause or contribute to violations of the Town's MS4 SPDES stormwater discharge permit authorization, that person shall take all reasonable actions to correct such activities such that he or she no longer causes or contributes to violations of the Town's MS4 SPDES stormwater discharge permit authorization.

Requirement to prevent, control, and reduce stormwater pollutants by the use of best management practices. Where the SMO has identified illicit discharges or an activity contaminating stormwater, as defined in § 200-20E of this chapter, the Town may require implementation of BMPs to control those illicit discharges and activities.

The owner or operator of a commercial or industrial establishment shall provide, at his or her own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the MS4 through the use of structural and nonstructural BMPs.

Any person responsible for a property or premises, which is, or may be, the source of an illicit discharge, or an activity contaminating stormwater, as defined in § 200-20E of this chapter, may be required to implement, at said person's expense, additional structural and nonstructural BMPs to reduce or eliminate the source of pollutant(s) to the MS4.

Compliance with all terms and conditions of a valid SPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this section.

Industrial or construction activity discharges. Any person subject to an industrial or construction activity SPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the Town prior to the allowing of discharges to the MS4.

Suspension of access to MS4.

Illicit discharges in emergency situations. The SMO may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, to the health or welfare of people, or to the MS4. The SMO shall notify the person of such suspension within a reasonable time thereafter in writing of the reasons for the suspension. If the violator fails to comply with a suspension order issued in an emergency, the SMO may take such steps as deemed necessary to prevent or minimize damage to the MS4 or to minimize danger to people.

Suspension due to the detection of illicit discharge. Any person discharging to the MS4 in violation of this section may have his or her MS4 access terminated if such termination would abate or reduce an illicit discharge. The SMO will notify a violator in writing of the proposed termination of its MS4 access and the reasons therefor. The violator may petition the SMO for a reconsideration and hearing. Access may be granted by the SMO if he/she finds that the illicit discharge has ceased and the discharger has taken steps to prevent its recurrence. Access may be denied if the SMO determines in writing that the illicit discharge has not ceased or is likely to reoccur. A person commits an offense if the person reinstates MS4 access to the premises terminated pursuant to this section without the prior approval of the SMO.

Access and monitoring of discharges. This subsection applies to all facilities that the SMO must inspect to enforce any provision of § 200-20, or whenever the authorized enforcement agency has cause to believe that there exists, or potentially exists, in or upon any premises any condition which constitutes a violation of § 200-20.

Access to facilities.

The SMO shall be permitted to enter and inspect facilities subject to regulation under this section as often as may be necessary to determine compliance with this section. If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to the SMO.

Facility operators shall allow the SMO ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records as may be required to implement this section.

The Town shall have the right to set up on any facility subject to this section such devices as are necessary in the opinion of the SMO to conduct monitoring and/or sampling of the facility's stormwater discharge.

The Town has the right to require the facilities subject to this section to install monitoring equipment as is reasonably necessary to determine compliance with this section. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy.

(e)

An unreasonable delay in allowing the SMO access to a facility subject to this section is a violation of this section. A person who is the operator of a facility subject to this section commits an offense if the person denies the SMO reasonable access to the facility for the purpose of conducting any activity authorized or required by this section.

(f)

If the SMO has been refused access to any part of the premises from which stormwater is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of this section, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this section or any order issued hereunder, then the SMO may seek issuance of a search warrant from any court of competent jurisdiction.

Notification of spills. Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation, has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into the MS4, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials, said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of nonhazardous materials, said person shall notify the Town in person or by telephone or facsimile no later than the next business day. Notifications in person or by telephone shall be confirmed by written notice addressed and mailed to the Town within three business days of the telephone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years.

Enforcement.

Notice of violation. When the SMO finds that a person has violated a prohibition or failed to meet a requirement of this section, he or she may order compliance by written notice of violation to the responsible person. Such notice may require, without limitation:

The elimination of illicit connections or discharges;

That violating discharges, practices, or operations shall cease and desist;

The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;

The performance of monitoring, analyses, and reporting;

(e)

That the Town will seek civil remedies or criminal penalties, including the imposition of a criminal fine, as provided in § 200-20K(2) of this chapter; and

(f)

The implementation of source control or treatment BMPs. If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator.

Penalties. In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this section shall be guilty of a violation punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. However, for the purposes of conferring jurisdiction upon courts and judicial officers generally, violations of this section shall be deemed misdemeanors and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.

Appeal of notice of violation. Any person receiving a notice of violation may appeal the determination of the SMO to the Town Board within 15 days of its issuance, which shall hear the appeal within 30 days after the filing of the appeal, and within five days of making its decision, file its decision in the office of the municipal clerk and mail a copy of its decision by certified mail to the discharger.

Corrective measures.

If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal, within five business days of the decision of the municipal authority upholding the decision of the SMO, then the SMO shall request the owner's permission for access to the subject private property to take any and all measures reasonably necessary to abate the violation and/or restore the property.

If refused access to the subject private property, the SMO may seek a warrant in a court of competent jurisdiction to be authorized to enter upon the property to determine whether a violation has occurred. Upon determination that a violation has occurred, the SMO may seek a court order to take any and all measures reasonably necessary to abate the violation and/or restore the property. The cost of implementing and maintaining such measures shall be the sole responsibility of the discharger.

Injunctive relief. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this section. If a person has violated or continues to violate the provisions of this section, the SMO may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation.

Alternative remedies.

Where a person has violated a provision of this section, he/she may be given alternative remedies in lieu of a civil penalty, upon recommendation of the Town Attorney and concurrence of the SMO, where:

The violation was unintentional;

The violator has no history of previous violations of this chapter;

Environmental damage was minimal;

The violator acted quickly to remedy the violation; and/or

(e)

The violator cooperated in investigation and resolution.

Alternative remedies may consist of one or more of the following:

Attendance at compliance workshops;

Storm sewer stenciling or storm sewer marking; and/or