This chapter shall be known and may be cited
as the "City of Lackawanna Sanitary Sewer Ordinance."
Unless the context specifically indicates otherwise,
the meaning of terms used in this chapter shall be as follows:
The provisions of the Federal Water Pollution Control Act
(Public Law 95-217, as codified at 33 U.S.C. § 1251 et seq.),
as amended.
[Amended 2-5-2008]
Schedules of activities, prohibitions of practices, general
good housekeeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices
to prevent or reduce the discharge of pollutants directly or indirectly
to stormwater, receiving waters, or stormwater conveyance systems.
BMPs also include treatment practices, operating procedures, and practices
to control site runoff, spillage or leaks, sludge or water disposal,
or drainage from raw materials storage.
[Added 2-5-2008]
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20° C, expressed in milligrams per liter.
That part of the lowest horizontal piping of a drainage system
which received 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 sewer
or other place of disposal.
A sewer receiving both surface runoff and sewage.
Any activity requiring authorization under the SPDES Permit
for Stormwater Discharges From Construction Activity, GP-02-01, as
amended or revised, including construction projects resulting in land
disturbance of one or more acres. Construction activities include
but are not limited to clearing and grubbing, grading, excavating,
and demolition.
[Added 2-5-2008]
The City Engineer of the City of Lackawanna, or his or her
authorized deputy, agent, or representative.
Solid wastes from the domestic and commercial preparation,
cooking, and dispensing of food, and from the handling, storage, and
sale of produce.
Any material, including any substance, waste, or combination
thereof, which because of its quantity, concentration, or physical,
chemical, or infectious characteristics may cause, or significantly
contribute to, a substantial present or potential hazard to human
health, safety, property, or the environment when improperly treated,
stored, transported, disposed of, or otherwise managed.
[Added 2-5-2008]
Any drain or conveyance, whether on the surface or subsurface,
which allows an illicit discharge to enter the MS4, including but
not limited to:
[Added 2-5-2008]
Any conveyance which allows any nonstormwater
discharge, including treated or untreated sewage, process wastewater,
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
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.
Any direct or indirect nonstormwater discharge to the MS4, except as exempted in § 185-34.
[Added 2-5-2008]
Activities requiring the SPDES Multi-Sector General Permit
for Stormwater Discharges Associated with Industrial Activity (GP-0-06-002),
as amended or revised.
[Added 2-5-2008]
Any industrial or commercial establishment with a classification
as designated in the Standard Industrial Classification Manual, 1972
Edition, as published by the Executive Office of the President and
who utilizes the services of the City's sewer system.
Any liquid, gaseous or solid substance or combination thereof
resulting from any process of industry defined in 40 CFR 35.905-8.
Municipal separate storm sewer system.
[Added 2-5-2008]
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, or man-made channels) which is:
[Added 2-5-2008]
Owned or operated by the City of Lackawanna;
Designed or used for collecting or conveying
stormwater;
Not a combined sewer;
Not part of a publicly owned treatment works
(POTW) as defined at 40 CFR § 122.2;
Not transferred to Erie County Sewer District
No. 6 pursuant to the Agreement dated July 7, 1983 by and between
the County of Erie, acting on behalf of Erie County Sewer District
No. 6, and the City of Lackawanna, relating to the transfer of the
municipal storm drainage system, and any amendment thereto or subsequent
agreement relating to the same.
Any outlet into a watercourse, pond, ditch, lake, or other
body of surface or groundwater.
The NYS Department of Environmental Conservation or other
duly authorized official of said Department.
Any discharge to the MS4 that is not composed entirely of
stormwater.
[Added 2-5-2008]
The person or persons who legally own, lease, or occupy private
property with wastewater facilities which discharge or will discharge
to the wastewater facilities.
The concentration of phosphate as phosphorous expressed in
milligrams per liter.
Any individual, firm, company, association, society, corporation,
or group.
The logarithm of the reciprocal of the weight of hydrogen
ions in grams per liter of solution.
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 2-5-2008]
Sediment or a water quality measurement that addresses sediment
(such as total suspended solids, turbidity or siltation) and any other
pollutant that has been identified as a cause of impairment of any
water body that will receive a discharge from the land development
activity.
[Added 2-5-2008]
That portion of the municipal system which is designed to
provide treatment (including recycling and reclamation) of wastes
received by the municipal system.
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
[Added 2-5-2008]
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. The reduction or 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.
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). Includes any sewers that convey wastewater
to the POTW but does not include pipes, sewers or other conveyances
not connected to a facility providing treatment.
A sewer in which all owners of abutting properties have equal
rights, and is controlled by public authority.
A sewer which carries sewage and to which stormwaters, surface
waters, and groundwaters are not intentionally admitted.
A combination of the water-carried wastes from residences,
business buildings, institutions, and industrial establishments, together
with such groundwaters, surface waters, and stormwaters as may be
present.
A pipe or conduit for carrying sewage.
Is mandatory; "may" is permissive.
Any user who:
Has a discharge flow of 25,000 gallons or more
per average work day; or
Has a flow greater than 5% of the flow in the
municipality's wastewater system; or
Has in his wastes toxic pollutants as defined
pursuant to Section 307 of the Act; or
Has been identified as one of the 21 industrial
categories pursuant to Section 307 of the Act; or
Is found by the City to have significant impact,
either singly or in combination with other contributing industries,
on the treatment or collection system.
Any discharge of water, sewage, or industrial waste which
in concentration of any given constituent or in quantity of flow exceeds
for any period of duration longer than 15 minutes more than five times
the average twenty-four-hour concentration of flows during normal
operation.
The State Pollutant Discharge Elimination System established
by Article 17 of the Environmental Conservation Law of the State of
New York for issuances of permits authorizing discharges to the waters
of the state.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to municipalities to regulate discharges from
municipal separate storm sewers for compliance with EPA established
water quality standards and/or to specify stormwater control standards,
as amended or revised.
[Added 2-5-2008]
[Added 2-5-2008]
Discharge compliance with water quality standards:
the condition that applies where the City 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 City 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 City’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 City’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 City was required to modify its stormwater
management program to ensure that reduction of the pollutant of concern
specified in the TMDL is achieved.
The condition in the City’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 City 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 City 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.
A permit issued by NYSDEC that authorizes the discharge of
pollutants to waters of the state.
[Added 2-5-2008]
A sewer which carries stormwaters and surface waters and
drainage, but excludes sewage and industrial wastes, other than unpolluted
cooling water.
Rainwater, surface runoff, snowmelt and drainage.
[Added 2-5-2008]
An employee or officer of the City appointed by the Common Council to enforce Article IX. 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 2-5-2008]
Solids that either float on the surface, or are in suspension
in water, sewage, or other liquids, and which are removable by laboratory
filtering.
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 2-5-2008]
The combined concentration of ammonia and organic nitrogen,
expressed in milligrams per liter.
Total maximum daily load.
[Added 2-5-2008]
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 2-5-2008]
The U.S. Environmental Protection Agency or where appropriate
a designation for the administrator or other duly authorized official
of said agency.
Water that is not stormwater, is contaminated with pollutants
and has been or will be discarded.
[Added 2-5-2008]
A channel in which a flow of water occurs, either continuously
or intermittently.
