Part 1 of this chapter sets forth requirements for users of the sanitary sewer facilities of the Town of Clarence and enables the Town to comply with all applicable state and federal laws, including the Clean Water Act (United States Code 33 U.S.C. § 1251 et seq.) and the General Pretreatment Regulations (Code of Federal Regulations 40 CFR 403). It is further the explicit purpose of Part 1 of this chapter to achieve the following:
A.
To prevent the introduction of pollutants into the sanitary
sewer facilities that will interfere with its operation.
B.
To prevent the introduction of pollutants into the sanitary
sewer facilities that will pass through the sanitary sewer facilities inadequately
treated, into receiving waters, or otherwise be incompatible with the sanitary
sewer facilities.
C.
To protect sanitary sewer facilities personnel who may
be affected by wastewater and sludge in the course of their employment and
the general public.
D.
To promote reuse and recycling of industrial wastewater
and sludge from the sanitary sewer facilities.
E.
To establish fees for the equitable distribution of the
cost of operation, maintenance, treatment and improvement of the sanitary
sewer facilities.
F.
To enable the Town of Clarence to comply with all contractual,
environmental and legal discharge elimination system conditions, and any other
federal or state laws to which the sanitary sewer facilities is subject.
G.
To eliminate the discharge of unpolluted waters into
the sanitary sewer facilities.
A.
Part 1 of this chapter shall apply to all direct and indirect dischargers of wastes into the facilities of the Town of Clarence. Part 1 of this chapter also authorizes the issuance of wastewater discharge permits; provides for monitoring, compliance and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.
The following abbreviations, when used in Part 1 of this chapter, shall have the designated meanings:
Biochemical oxygen demand.
Code of Federal Regulations.
Chemical oxygen demand.
Equivalent dwelling unit.
United States Environmental Protection Agency.
Gallons per day.
Milligrams per liter.
Micrograms per liter.
National Pollutant Discharge Elimination System.
New York State Department of Environmental Conservation.
State Pollutant Discharge Elimination System.
Resource Conservation and Recovery Act.
Standard industrial classification.
Total suspended solids.
United States Code.
Occupational Safety and Health Administration.
Industrial user.
Unless the context specifically indicates otherwise, the meaning of terms used in Part 1 of this chapter shall be as follows:
Sewage which, when analyzed, shows, by concentration, a daily average greater than the following, which may be acceptable into a sanitary sewer under the terms of Part 1 of this chapter:
The Director of the State of New York Pretreatment Program or the
Administrator of the United States Environmental Protection Agency (EPA).
If the user is a corporation:
The president, secretary, treasurer or a vice-president of the corporation
in charge of a principal business function, or any other person who performs
similar policy or decision-making functions for the corporation; or
The manager of one or more manufacturing, production or operation facilities
employing more than 250 persons or having gross annual sales or expenditures
exceeding $25,000,000 (in second-quarter 1980 dollars), if authority to sign
documents has been assigned or delegated to the manager in accordance with
corporate procedures.
If the user is a partnership or sole proprietorship: a general partner
or proprietor, respectively.
If the user is a federal, state or local governmental facility: a director
or highest official appointed or designated to oversee the operation and performance
of the activities of the government facility or his/her designee.
The individuals described in Subsections A through C above may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the Town.
The quantity of oxygen utilized in the biochemical oxidation of organic
matter under standard laboratory procedure for five days at 20º C., expressed
in milligrams per liter.
A building drain which conveys both sewage and stormwater.
A building sewer which conveys both sewage and stormwater. The building
storm sewer terminates at the public sewer.
That part of the lowest piping of a drainage system which receives
the discharge of soil, waste and other drainage pipes inside the walls of
the building and conveys such discharges to the building sewer.
That part of the drainage system which extends from the end of the
building drain and conveys its discharges to a public sewer, private sewer,
individual sewage disposal system or other approved point of disposal.
A building drain which conveys sewage but does not convey stormwater.
A building sewer which conveys sewage but does not convey stormwater.
The building storm sewer terminates at the public sewer.
A building drain which conveys stormwater but does not convey sewage.
A building sewer which conveys stormwater but does not convey sewage.
The building storm sewer terminates at the public sewer.
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C.
§ 1317) which apply to a specific category of users and which appear
in 40 CFR Chapter I, Subchapter N, Parts 405-471.
Private establishments such as restaurants, hotels, stores, automotive
service stations, laundromats or recreational facilities and all other nonresidential
occupancies. Private nonprofit entities such as churches, schools, hospitals
or charitable organizations are considered to be "commercial establishments."
A combination of individual grab samples of a wastestream collected
within a twenty-four-hour period. For all pollutants subject to composite
sampling requirements, twenty-four-hour flow proportional composite samples
shall be obtained when feasible. If twenty-four-hour flow proportional composite
samples are not feasible, the Town Engineer may allow the collection of time
proportional composite samples. In no case may a composite sample be composed
from fewer than four grab samples. In all cases the individual grab samples
must be adequately spaced so as to ensure a sample that is representative
of the user's daily operations.
The standard list of materials, specifications and standard details
of construction as provided by the Town of Clarence Engineering Department
and approved by the Clarence Town Board.
A service area within or outside the boundaries of the Town of Clarence
which is tributary to the Clarence sanitary sewer facilities.
A unit of measurement of sewer usage which is assumed to be equivalent to the usage of an average dwelling unit, based on water consumption and strength of sewage of a single dwelling unit, by which all users of the sanitary sewers may be measured. (See Table of Equivalent Dwelling Units at § 177-71.)
The United States Environmental Protection Agency or, where appropriate,
the Regional Water Management Division Director or other duly authorized official
of said agency.
Any source of discharge, the construction or operation of which commenced
prior to the publication by the EPA of proposed categorical pretreatment standards,
which will be applicable to such source if the standard is thereafter promulgated
in accordance with Section 307 of the Act.
The quantity of wastewater or liquid over a specified period of time.
Solid wastes from the domestic and commercial preparation, cooking
and dispensing of food and from the handling, storage and sale of produce.
A sample which is taken from a wastestream without regard to the
flow in the wastestream and over a period of time not to exceed 15 minutes.
All subsurface water, that part which is in the zone of saturation.
The masculine gender shall include the feminine, and the singular
shall include the plural unless indicated otherwise.
The introduction of pollutants into the sanitary sewer facilities
from any nondomestic source regulated under Section 307(b), (c) or (d) of
the Clean Water Act.
The solid and liquid wastes from industrial processes, as distinct
from domestic or sanitary wastewaters.
A financial charge levied on industrial users of the wastewater system
for the additional cost of treating abnormal-strength wastewater.
A discharge which, alone or in conjunction with a discharge or discharges
from other sources, inhibits or disrupts the sanitary sewer facilities, its
treatment processes or operations or its sludge processes, use or disposal
and, therefore, is a cause of a violation of any Town permit or of the prevention
of sewage sludge use or disposal in compliance with any of the following statutory/regulatory
provisions or permits issued thereunder or any more stringent state or local
regulations: Section 405 of the Act; the Solid Waste Disposal Act, including
Title II, commonly referred to as the "Resource Conservation and Recovery
Act (RCRA)"; any state regulations contained in any state sludge management
plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the
Clean Air Act; the Toxic Substances Control Act; and the Marine Protection,
Research and Sanctuaries Act.
Is permissive.
Any red-bag wastes, including but not limited to isolation wastes,
infectious agents, human blood and blood products, pathological wastes, sharps,
body parts, contaminated bedding, surgical wastes, potentially contaminated
laboratory wastes and dialysis wastes.
An outlet that is present in and produced by nature.
Any building, structure, facility or installation from which there is
(or may be) a discharge of pollutants, the construction of which commenced
after the publication of proposed pretreatment standards under Section 307(c)
of the Act, which will be applicable to such source if such standards are
thereafter promulgated in accordance with that section, provided that:
The building, structure, facility or installation is constructed at
a site at which no other source is located; or
The building, structure, facility or installation totally replaces the
process or production equipment that causes the discharge of pollutants at
an existing source; or
The production or wastewater-generating processes of the building, structure,
facility or installation are substantially independent of an existing source
at the same site. In determining whether these are substantially independent,
factors such as the extent to which the new facility is integrated with the
existing plant and the extent to which the new facility is engaged in the
same general type of activity as the existing source should be considered.
Construction on a site at which an existing source is located results in a modification rather than a "new source" if the construction does not create a new building, structure, facility or installation meeting the criteria of Subsection A(2) or (3) above but otherwise alters, replaces or adds to existing process or production equipment.
Construction of a "new source," as defined herein, has commenced if
the owner or operator has:
Begun, or caused to begin, as part of a continuous on-site construction
program:
Any placement, assembly or installation of facilities or equipment;
or
Significant site preparation work, including clearing, excavation or
removal of existing buildings, structures or facilities, which is necessary
for the placement, assembly or installation of new source facilities or equipment;
or
Entered into a binding contractual obligation for the purchase of facilities
or equipment, which are intended to be used in its operation within a reasonable
time. Options to purchase or contracts which can be terminated or modified
without substantial loss, and contracts for feasibility, engineering and design
studies, do not constitute a contractual obligation under this subsection.
Water used for cooling which does not come into direct contact with
any raw material, intermediate product, waste product or finished product.
The New York State Uniform Fire Prevention and Building Code.
A discharge which exits the sanitary sewer facilities into waters
of the United States in quantities or concentrations which, alone or in conjunction
with a discharge or discharges from other sources, is a cause of a violation
of any requirement of any Town permit, including an increase in the magnitude
or duration of a violation.
Any individual, partnership, copartnership, firm, company, corporation,
association, joint-stock company, trust, estate, governmental entity or any
other legal entity or their legal representatives, agents or assigns. This
definition includes all federal, state and local governmental entities.
The logarithm of the reciprocal of the concentration of hydrogen
ions in moles per liter of solution.
The reduction of the amount of pollutants, the elimination of pollutants
or the alteration of the nature of pollutant properties in wastewater prior
to, or in lieu of, introducing such pollutants into the sanitary sewer facilities.
This reduction or alteration can be obtained by physical, chemical or biological
processes; by process changes; or by other means, except by diluting the concentration
of the pollutants unless allowed by an applicable pretreatment standard.
Any substantive or procedural requirement related to pretreatment
imposed on a user, other than a pretreatment standard.
Prohibited discharge standards, categorical pretreatment standards
and local limits.
The wastes from preparation, cooking and dispensing of foods 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 in any dimension.
A sewer in which all owners of abutting properties have equal rights
and which the Town controls.
The recommended design, review and approval standards for wastewater
collection and treatment facilities, as published by the Great Lakes - Upper
Mississippi River Board of State Sanitary Engineers.
A natural watercourse or body of water into which treated or untreated
wastewater is discharged.
A pipe or conduit which carries wastewater and to which storm, surface
and ground waters are not intentionally admitted.
A treatment works, as defined by Section 212 of the Act (33 U.S.C.
§ 1292), which is owned by the Town. This definition includes any
devices or systems used in the collection, storage, treatment, recycling and
reclamation of sewage or industrial wastes of a liquid nature and any conveyances
which convey wastewater to a treatment plant.
The contents of a septic tank, cesspool or other nonpublic wastewater
treatment facility which receives sanitary sewage or waste.
Any area contributing wastewater to the Town of Clarence sanitary
sewer facilities.
A pipe or conduit for carrying wastewater or drainage water.
A specific area of the Town, so designated by an action of the Town
Board, in accordance with Town Law, created for the purpose of the collection,
treatment, and disposal of sewage.
Is mandatory.
A user subject to categorical pretreatment standards; or
A user that:
Discharges an average of 25,000 gpd or more of process wastewater to
the sanitary sewer facilities (excluding sanitary, noncontact cooling and
boiler blowdown wastewater);
Contributes a process wastestream which makes up 5% or more of the average
dry-weather hydraulic or organic capacity of the sanitary sewer facilities
treatment plant; or
Is designated as such by the Town on the basis that it has a reasonable
potential for adversely affecting the sanitary sewer facilities operation
or for violating any pretreatment standard or requirement.
Upon a finding that a user meeting the criteria in Subsection B(2) has no reasonable potential for adversely affecting the sanitary sewer facilities operation or for violating any pretreatment standard or requirement, the Town may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a "significant industrial user."
Any user who uses or stores substances that may inadvertently be
spilled into the Town of Clarence sewer system and which potentially have
an adverse impact on the sewer system and/or the Town's wastewater facilities.
A permit issued by the State of New York to discharge directly to
surface water.
A pipe or conduit which carries stormwaters and surface waters and
drainage, but excludes wastewater and industrial wastes, other than unpolluted
cooling waters.
Any flow occurring during or following any form of natural precipitation,
and resulting from such precipitation, including snowmelt.
Solids that either float on the surface of or are in suspension in
water, sewage or other liquids and such solids are removable by laboratory
filtration.
To interfere with or bring about an improper situation or condition,
which includes, without limitation, covering or concealing a sanitary manhole
cover, or any other practice which hinders access to the same.
The Town of Clarence.
The Town Board of the Town of Clarence and shall include the members
of the Town Board acting in their capacities as Commissioners of the sewer
districts.
The Town Engineer of the Town of Clarence or his designee.
Any pollutant or combination of pollutants listed as toxic in any
regulations promulgated by the Administrator of the Environmental Protection
Agency.
Shall include but not be limited to drainage from any catch basin,
lake, swamp, pond, swimming pool, outlet for surface runoff or groundwater,
which contain no wastes or wastewaters.
A source of indirect discharge.
Any liquid, solid or gaseous substance that might be discharged or
discarded into a public sewer.
A combination of the liquid and water-carried wastes from residences,
commercial buildings, institutions and industrial establishments, together
with such groundwater, surface water and stormwaters that may be present.
A permit to discharge industrial waste into any sanitary sewer under
jurisdiction of the Town or, in a contracted service area, under the jurisdiction
of the Town and the contracted service area.
The structures, equipment and processes that collect, transport and
treat domestic and industrial wastes and disposes of the waste residuals.
An arrangement of devices and structures used for treating wastewater,
industrial waste and sludge.
A channel in which a flow of water occurs, either continuously or
intermittently.
