No unauthorized person shall enter or maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance, equipment, device or system which is part of the POTW.
It shall be unlawful for any person to place, deposit or permit to be deposited in an unsanitary manner upon public or private property within the City or in any area under the jurisdiction of the City, any human or animal excrement, garbage or other objectionable wastes.
The owner of houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the City and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the City, is hereby required at his expense to install and maintain suitable sewage facilities therein and to connect such facilities directly with the proper public sewer in accordance with the provisions of this chapter within 90 days after date of written notice to do so.
A. 
Where a public sanitary sewer is not available under the provisions of § 150-6, the owner, at his expense, shall connect the sewer to an approved private sewage disposal system. Said sewage disposal system shall be approved by the Niagara County Health Department prior to construction and shall be operated and maintained at the owner's expense in a continuous and effective manner.
B. 
At such time as a public sewer becomes available to property served by a private sewage disposal system as provided in Subsection A, the owner shall, at his own expense, provide a direct connection to the public sewer in compliance with this chapter within 90 days, and any septic tanks, cesspools or other private sewage disposal facilities shall be abandoned for sanitary use unless otherwise approved by the Director of Utilities.
No statement contained in this Article shall be construed to interfere with any additional requirements that may be imposed by the Niagara County Health Department.
No person shall uncover, make any connections with, open into, use, alter or disturb any public sewer or other part of the City's POTW without first obtaining a written permit from the City Plumbing Inspector. No building sewer shall be covered until after it has been inspected and approved by the City Plumbing Inspector and an inspection report filed by said inspector.
All costs and expense incident to the installation, connection and maintenance of the building sewer to the public sewer connection shall be borne by the owner.
A separate and 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 private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway. In this case, the building sewer from the front building may be extended to the rear building. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the City Plumbing Inspector, to meet all requirements of this chapter and after filing of an inspection by said inspector.
The building sewer shall be constructed of vitrified clay sewer pipe conforming to the latest ASTM standards, except as superseded by the requirements of specifications CSPA 1-63 for standard strength and CSPA 2-63 for extra strength vitrachem sewer pipe or cast-iron soil pipe; ASTM A74-42 or asbestoscement building sewer Class 200, maximum section length to be not more than 13 feet, is acceptable, provided that it meets federal specifications SS-P-331b, dated January 30, 1962, as amended, and provided that the couplings to be used are approved by the City Plumbing Inspector or plastic pipe utilizing virgin resin and meeting the ASTM three-edgebearing method for determining a crushing strength of 2,000 pounds per linear foot throughout a temperature range of 32° to 120° F. or no glue joints. Variations in these requirements may be made in special circumstances if approved by the City Plumbing Inspector in writing. Additionally, the City reserves the right to specify and require the encasement of any sewer pipe with concrete or the installation of the sewer pipe in concrete cradle if foundation and construction are such as to warrant such protection in the opinion of the City Plumbing Inspector.
The size and slope of the building sewer shall be subject to approval of the City Plumbing Inspector, but in no event shall the diameter be less than four inches. The slope of such four-inch pipe shall not be less than 1/8 inch per foot unless otherwise permitted. All exceptions require prior approval by the City Plumbing Inspector.
Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. No building sewer shall be laid parallel to or within three feet of any bearing wall which might thereby be weakened. The depths shall be sufficient to afford protection from frost. The building sewer shall be laid at uniform grade. The line shall be straight or laid with properly curved pipe and fittings. Changes in direction greater than 45° shall be provided with cleanouts accessible for cleaning building sewers which are too low to permit gravity flow to the POTW and shall be lifted by artificial means approved by the City Plumbing Inspector for discharge to the POTW.
All joints and connections shall be made gastight and watertight. Cast-iron pipe joints shall be firm-packed with oakum or hemp and filled with molten lead not less than one-inch deep. Lead shall be run in one pouring and caulked tight. No paint, varnish or other coatings shall be permitted on the jointing material until after the joint has been tested and approved. All joints in vitrified clay pipe or between such pipe and metals shall be made with approved hot-poured jointing material, premolded bituminous jointing material, rubber or plastic material or as approved by the Plumbing Inspector. Inspection and test results must be filed in a report before approval is granted. Variations of these requirements may be made in special circumstances if approved by the City Plumbing Inspector in writing.
No person shall discharge or cause to be discharged any stormwater, surface water, groundwater or drainage to any sanitary sewer. These waters shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers.
No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will pass through or interfere with the operation or performance of the POTW. These general prohibitions apply to all such users of a POTW whether or not the user is subject to National Categorical Pretreatment Standards or any other national, state or local pretreatment standards or requirements. A user may not contribute the following substances to any POTW:
A. 
Any liquid or vapor which would cause the influent to the treatment plant to have a temperature higher than 104° F. or 40° C.
B. 
Any water or waste which contains more than 100 parts per million by weight of total oil or grease. (E.P.A. Storet No. 45501). Also petroleum oil, nonbiodegradable cutting oil or products of mineral oil origin in amounts that will cause interference or pass through.
C. 
Any liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient, either alone or by interaction with other substances, to cause fire or explosion or be injurious in any other way to the wastewater treatment plant or to the operation of the wastewater treatment plant. Prohibited materials include but are not limited to waste streams with a closed cup flashpoint of less than 140° F. or 60° C. using the test methods specified in 40 CFR 261.21, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides, sulfides and any other substances which the City, the state or EPA has determined as being hazardous to the POTW.
D. 
Any garbage that has not been properly shredded.
E. 
Solid or viscous substances capable of causing obstruction to flow in sewers or otherwise interfering with the proper operation of the POTW. Such substances include but are not limited to ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, woods or paunch manure.
F. 
Any waters or wastes having corrosive properties capable of causing damage or hazard to structures, equipment and personnel of the POTW. Specifically, the pH of wastes discharged into the POTW must be within 5.5 to 9.5 pH units.
G. 
Any waters or wastes containing a toxic or poisonous substance or of high chlorine demand in sufficient quantity to injure or interfere with any POTW treatment plant process or which could constitute a hazard to humans or animals.
H. 
Any wastewater with objectionable color which may not be removed by the POTW treatment plant.
I. 
Any noxious or malodorous liquids, gases or solids which either singly or by interaction with other wastes are sufficient to create a public nuisance or hazard to life or result in toxic gases, fumes or vapors in quantities capable of causing acute health and safety problems for POTW personnel or are otherwise sufficient to prevent entry into the sewers for maintenance and repair.
J. 
Any waters containing radioactive materials exceeding such concentrations as recommended by the National Committee on Radiation Protection as set forth in the appropriate handbook of the National Bureau of Standards. All users of radioactive material shall register with the Director of Utilities within 30 days of the effective date of this chapter.
K. 
Any pollutants, including oxygen-demanding pollutants, released at a flow rate and/or pollutant concentration which a user knows or has reason to know will cause interference to the wastewater treatment plant. In any event, in no case shall a wastewater discharge have a flow rate or contain concentration or mass quantities of pollutants that exceed for any time period longer than 15 minutes more than five times the average daily flow, pollutant concentration or pollutant loading during normal operation.
L. 
Any substance which may cause the POTW treatment plant effluent or any other product of the POTW treatment plant, such as residues, sludges or scums, to be unsuitable for reclamation and reuse or which might interfere with the disposal process. In no case shall a substance discharged to the POTW cause the POTW treatment plant to be in noncompliance with applicable sludge use, sludge disposal criteria, guidelines or regulations developed by the NYSDEC or the USEPA.
M. 
Any substance which will cause the POTW treatment plant to violate its SPDES permit or the receiving water quality standards.
N. 
Any wastewater which causes a hazard to human life or, in the opinion of the Director of Utilities, creates a public nuisance.
O. 
Wastewater containing pollutants which have a concentration in excess of those listed below. These concentrations shall be applied to wastewater effluents at a point just prior to discharge into the City sewer system.
Pollutant
Maximum Pollutant Concentration Limits
(milligrams per liter)
Arsenic
0.05
Cadmium
0.10
Chromium
1.50
Copper
1.00
Cyanide
0.50
Lead
0.20
Mercury
0.007
Molybdenum
0.03
Nickel
0.30
Phosphorus
5.00
Selenium
0.06
Silver
1.20
Zinc
2.80
P. 
Any trucked or hauled pollutants, except at discharge points designated by the POTW. Unless otherwise authorized by the director, the only acceptable discharge point for such wastes is at the Lockport POTW septic well discharge pit on the south side of the grit/screen building.
A. 
Grease, oil and sand interceptors shall be provided when, in the opinion of the Plumbing Inspector, they are necessary for the proper handling of liquid wastes containing grease in excess of that indicated in § 150-17B or any flammable wastes, sand and other harmful ingredients, except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the City and shall be constructed such that they are readily and easily accessible for cleaning and inspection. Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight and equipped with easily removable covers which when bolted in place shall be gastight and watertight.
B. 
Where installed, all grease, oil and sand interceptors shall be maintained by the owner, at his expense, in continuously efficient operation at all times.
The admission into the public sewers of any waters or wastes containing five-day BOD greater than 250 parts per million by weight (mg/l) or containing more than 350 parts per million by weight (mg/l) of suspended solids or containing any quantity of substances having the characteristics described in § 150-17 or having any average daily flow greater than 2% of the average total daily sewage flow of the City shall be subject to review and approval of the Director of Utilities. Additionally, the Director of Utilities reserves the right to alternatively impose mass pollutant discharge limitation on one or more of the regulated pollutants on any user that he deems appropriate. Where necessary in the opinion of the City, the owner shall provide, at his expense, such treatment or pretreatment as may be necessary to reduce the five-day BOD to 250 parts per million by weight (mg/l) or to reduce objectionable characteristics or constituents to within the maximum limits provided for in § 150-17 or control the quantities and rates of discharge of such waters or wastes. Plans, specifications and other pertinent information relating to proposed treatment or pretreatment facilities shall be prepared and submitted by a registered professional engineer for the approval of the Director of Utilities, and no construction of such facilities shall be commenced until said approvals are obtained in writing.
Where the strength of wastewater from an industrial, commercial or institutional establishment exceeds that of normal strength wastewater, which is defined for this section to be wastewater that has 250 parts per million by weight (mg/l) of BOD or 350 parts per million by weight (mg/l) of suspended solids or 15 parts per million by weight (mg/l) of chlorine demand, and where such wastes are permitted to be discharged to the POTW by the Director of Utilities, an added charge will be assessed against the user. The amount and terms of payment of the additional charges shall be determined by the City. These additional charges shall be based on the additional cost of operation, maintenance, administration, depreciation, amortization plus other additional costs related to the increased cost of the conveyance, storage and treatment of this wastewater over and above that of normal strength wastewater. The strength of such wastes shall be determined by composite samples taken over a sufficient period of time to ensure a representative sample. The cost of taking and analyzing the first of these samples shall be borne by the City. The cost of any subsequent sampling and analysis shall be borne by the industry or establishment, whether the owner or lessee. Tests shall be made by an independent analytical laboratory or at the POTW treatment plant.
Where treatment, pretreatment or flow equalization facilities are provided for any waters or wastes prior to discharges to the POTW, such facilities shall be maintained continuously in satisfactory and effective operation by the owner at his expense.
When required by the Director of Utilities, the owner of any property served by a building sewer carrying industrial wastes shall install a suitable control manhole in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessible and safely located and shall be constructed in accordance with plans approved by the Director of Utilities. The manhole shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times.
All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the methods specified in 40 CFR 136, or equivalent methods approved by USEPA, and shall be determined at the control manhole provided for in § 150-22 or upon suitable samples taken at said control manhole. Sampling shall be performed in accordance with the requirements of the discharge permit. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected.
To determine the wastewater flow from any establishment, the Director of Utilities may use one of the following methods:
A. 
The amount of water supplied to the premises by the City or a private water company as shown upon the water meter if the premises are metered;
B. 
If the premises are supplied with river water or water from private wells, the amount of water supplied from such sources as estimated by the Director of Utilities from the water, gas or electric supply;
C. 
If such premises are used for an industrial or commercial purpose of such a nature that the water supplied to the premises cannot be entirely discharged into the sewer system, the estimate of the amount of sewage discharged into the sewer system made by the Director of Utilities from the water, gas or electric supply;
D. 
The number of cubic feet of sewage discharged into the sewer system as determined by measurements and samples taken at a manhole installed by the owner of the property at his expense and constructed in accordance with plans approved by the Director of Utilities pursuant to this section; or
E. 
A figure determined by the Director of Utilities by any combination of the foregoing or by any other equitable method.
No statement contained in this chapter shall be construed as to conflict with the implementation of any special agreement or arrangement between the City and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the City, except for situations that involve compliance with federal pretreatment standards or requirements or any local limits or other requirements designed to protect the POTW, its sludge use and disposal and its receiving stream from pass-through or interference.
A. 
National Categorical Pretreatment Standards. Upon the promulgation of the National Categorical Pretreatment Standards for a particular industrial subcategory, the general and specific limitations contained therein, if more stringent than limitations imposed under this chapter for sources in that industrial category, shall immediately supersede the limitations imposed under this chapter. The National Categorical Pretreatment Standards, located in 40 CFR chapter 1, Subchapter N, Parts 405-471, are hereby incorporated into this chapter. The Director of Utilities shall notify all affected industrial users of the applicable reporting requirements relating to the National Categorical Pretreatment Standards pursuant to 40 CFR 403.12.
B. 
Removal credits. Where the City's wastewater treatment system achieves consistent removal of pollutants limited by federal pretreatment standards, the City may apply to the approval authority for removal credits to enable the City to modify the specific limits in the National Categorical Pretreatment Standards. "Consistent removal" shall mean the average of the lowest 50% of the removal measured in accordance with the procedures set forth in 40 CFR 403.7(b)(2). With the prior approval of the approval authority, the City may then apply removal credits which have, as their base, consistent removal at the POTW treatment plant to modify specific pollutant discharge limits contained in the National Categorical Pretreatment Standards if the requirements contained in 40 CFR 403.7 are fulfilled and prior approval from the approval authority has been obtained.
C. 
State requirements. State requirements and limitations on wastewater discharges shall apply in any case where they are more stringent than National Categorical Pretreatment Standards and this chapter.
A. 
No user shall ever increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment or pretreatment to achieve compliance with the requirements or limitations contained in this chapter, any National Pretreatment Standards or requirement or any pollutant-specific limitation developed by the City or state. Where process effluent is mixed prior to treatment with wastewaters other than those generated by the regulated process, fixed alternative discharge limits may be derived by the POTW. These alternative limits shall be applied to the mixed effluent and will be derived in accordance with the combined waste stream formula as presented in 40 CFR Part 403.6(e).
B. 
Any industrial user subject to categorical pretreatment standards may make application to the City to adjust the applicable standard(s) to reflect credit for pollutants in the intake water, provided that the following criteria are met:
(1) 
The industrial user must demonstrate that the control system it proposes or uses to meet applicable categorical pretreatment standards would, if properly installed and operated, meet the standards in the absence of pollutants in the intake waters.
(2) 
The applicable categorical pretreatment standards contained in 40 CFR, Subchapter N, specifically provide that they shall be applied on a net basis.
A. 
Prevention and facilities. Each user shall provide protection from accidental discharge of prohibited materials, other substances regulated by this chapter or slug discharges. Facilities to prevent accidental discharge of prohibited materials or slug discharges shall be provided and maintained at the owner's or user's expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the City and shall be approved by the Director of Utilities before construction of the facility. No user who commences contribution to the POTW after the effective date of this chapter shall be permitted to introduce pollutants into the system until accidental or slug discharge prevention procedures have been developed. The POTW will evaluate, at least once every two years, whether each such significant industrial user needs a plan to control slug discharges. If the POTW decided that a slug control plan is needed, the plan shall contain, at a minimum, the following elements:
(1) 
A description of discharge practices, including nonroutine batch discharges.
(2) 
A description of stored chemicals.
(3) 
Procedures for immediately notifying the POTW of slug discharges, including any discharge that would violate a prohibition under 40 CFR 403.5(b), with procedures for follow-up written notification within five days.
(4) 
If necessary, procedures to prevent adverse impact from accidental spills, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents) and/or measures and equipment for emergency response.
B. 
Notification of discharge. In the event that an accidental or slug discharge should occur, the user shall immediately telephone and notify the POTW treatment plant of the incident. The notification of an accidental or slug discharge shall include the location of the discharge, type of waste, concentration of pollutants, volume of flow and corrective actions taken or planned.
C. 
Written report. Within five days following an accidental or slug discharge, the user shall submit to the Director of Utilities a detailed written report describing the cause of the discharge and the measures taken or to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the POTW treatment plant, fish kills or any other damage to person or property resulting from the accidental or slug discharge, nor shall such notification relieve the user of any fines, civil penalties or other liability which may be imposed by this chapter or other applicable pretreatment standards, pretreatment regulations or law.