A.Â
Use of public sewers required.
(1)Â
It shall be unlawful to discharge to any natural outlet within the Town of Clarence any sewage or polluted waters, except where suitable treatment has been provided in accordance with the provisions of Part 1 of this chapter, and except where an appropriate New York State pollutant discharge elimination system (SPDES) permit has been applied for and has been received. A valid copy of such a permit and any modifications thereof must be filed with the Town Engineer.
(2)Â
The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the Town 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 sewer of the Town, is hereby required at his expense to install suitable toilet facilities therein as specified in the New York State Uniform Fire Prevention and Building Code and to connect such facilities directly with the proper public sewer in accordance with the provisions of Part 1 of this chapter within 90 days after date of official notice to do so, provided that said public sewer is within 100 feet of the premises on which the building is located, measured along a street in the case of one- or two-family dwellings and within 500 feet for premises containing any other occupancies, and provided that a connection may be made lawfully thereto.
(3)Â
Buildings, constructed in areas of the Town without public
sewers, that can be readily connected to the public sewer when available,
shall have the plumbing so arranged. In the meantime, septic tanks, disposal
fields or other private disposal facilities, which meet the requirements of
the New York State Health Department and the Erie County Health Department,
shall be installed.
(4)Â
Owners of buildings constructed under these provisions
shall, when making application for a building permit, sign an agreement to
immediately connect to a public sewer when available. Such agreement is to
run with the land.
B.Â
Installation of sanitary drains.
(1)Â
The main sanitary drain for any building shall be hung
below the first floor and exit through the foundation wall to allow six inches
between the basement floor and the pipe invert. All devices producing wastewater
and installed in cellars shall discharge into the main sanitary drain at a
point within the building above the level of the exterior finished grade.
(2)Â
All buildings having cellars shall have an adequate sump
and sump pump to which any interior or exterior perimeter drain tile and floor
drains shall discharge. The sump pumps shall discharge into a storm sewer.
Weepers located above cellar floor level and through the cellar walls are
not permitted.
(3)Â
All buildings shall have adequate roof gutters and downspouts
connected to storm drains, which also receive the discharge from sump pumps
and from courts, yards and paved areas on the property. Such storm drains
shall discharge into an existing stormwater sewer; otherwise it may discharge
into an existing road or ditch or other general drainage ditch if approved
by the Town. Where such points of discharge are not available, the Town Engineer
will decide the manner in which the stormwater shall be collected and disposed.
(4)Â
The building sewer shall not be connected to the building
drain until all foundation wall backfill has been made and the roof construction
of the building completed.
(5)Â
All costs and expenses incident to the installation and
connection of the building sewer shall be borne by the owner. The owner shall
indemnify the Town of Clarence from any loss or damage that may directly or
indirectly be occasioned by the installation of the building sewer.
(6)Â
A separate and independent building sewer shall be provided
for every building except where special permission is received from the Town
Engineer.
(7)Â
Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Town Engineer, to meet all requirements of Part 1 of this chapter.
(8)Â
Septic or holding tanks, which are abandoned, shall be
required to be removed or filled with select fill, concrete or other material
approved by the Town Engineer. Commercial and industrial facilities may need
to be sampled and tested prior to abandonment, in accordance with New York
State or Erie County regulations.
(9)Â
The following items and/or operations shall comply with
the provisions of the New York State Uniform Fire Prevention and Building
Code, Town specifications and/or recommended standards for sewage works:
(10)Â
No footing drains, roof drains or other drains carrying
surface water or groundwater shall be connected to the building or sanitary
sewer. A sump pump shall be provided wherever required to carry groundwater
and surface water to a natural outlet or storm sewer.
(11)Â
The use of a main house trap to buildings shall be required.
The main trap must be provided with a fresh-air inlet to ventilate the system
in which plumbing fixtures are to be placed. The main trap may be placed either
within the cellar or outside of the building. If an outside trap is used,
a wye with a cleanout must be provided inside the building. A fresh-air pipe
must be carried to gradeline and provided with a suitable vent cap. If an
inside trap is used, the fresh-air vent must connect to the top of the trap
with a wye and one-eighth bend and must run to the outside of the building
above grade. The fresh-air vent shall be at least four inches in diameter.
The fresh-air vent on a trap shall not be placed within 10 feet of an openable
window or door. Traps must be placed at a minimum depth of 36 inches, or frost
protection must be provided.
(12)Â
Saddle-type connections to the main sewers shall be made
in a smooth, round hole, machine drilled. The fitting used shall be made to
ensure that it will not protrude into the main sewer. The fitting shall fit
the contour of the inside of the main sewer and be designed for the size of
pipe into which construction is being made. One-eighth-inch clearance shall
be provided between the fitting and the hole and between the shoulder of the
fitting and face of the main pipe. These spaces shall be completely filled
with waterproof joint material capable of withstanding any stress or strain
likely to be encountered in normal sanitary sewer construction or maintenance.
The fitting shall be manufactured of either cast aluminum alloy, vitrified
clay pipe or other material acceptable to the Town Engineer and shall be capable
of receiving all types of pipe normally used for house service connections.
(13)Â
All excavations for building or sanitary sewer installations
shall be adequately guarded with barricades and lights so as to protect the
public from hazard. Streets, sidewalks, parkways and other public property
disturbed in the course of work shall be restored in a manner satisfactory
to the Town Engineer. Ditches and culvert pipes for stormwater and surface
water or other utilities disturbed during the installation of sewers shall
be replaced to their original condition. All driveways and parking areas shall
be backfilled with select fill.
(14)Â
Before commencing work in a highway right-of-way, the
appropriate highway department shall be notified and a permit taken out. Utility
companies as appropriate shall also be notified.
(15)Â
No connection of sanitary sewer extensions shall be permitted
to a main sewer of the district until infiltration, deflection or other tests
and final inspections have been made and approved by the Town Engineer, in
writing. The allowable rate of infiltration shall not exceed 200 gallons per
inch of pipe diameter per mile of sewer per day. Sewers may be connected to
the main sewer system when they are found upon examination and test to comply
with Town specifications.
(16)Â
Whenever pipe laying is not in progress, the end of the
pipe shall be securely closed with a tight-fitting cover or plug. Any earth
or other material entering the main sewer due to operations of the plumber,
contractor or building owner shall be removed at his expense. All trenches
must be protected by sufficient sheeting and bracing or other acceptable methods
as required by the Town specifications.
(17)Â
Within the highway right-of-way, backfilling and restoration
of the surface shall be in accordance with requirements of the highway agency
having jurisdiction.
(18)Â
An earthen dam made of suitable clay material shall be
installed in the trench of the building sewer per Town specifications. The
dam shall be 24 inches in length and located midway between the main sewer
and the house trap. The purpose of this dam is to prevent the conduction of
the groundwater through the stone trench of the building sewer. Additional
dams as ordered by the Plumbing Inspector may be required where poor ground
conditions or high groundwater elevations exist.
A.Â
General prohibitions.
(1)Â
No person shall discharge or cause to be discharged any
stormwater, surface water, groundwater, roof runoff, subsurface drainage or
uncontaminated cooling water to any sanitary sewer.
(2)Â
Stormwater and all other unpolluted drainage shall be
discharged to such sewers as are specifically designated as storm sewers or
to other approved drainage facilities. Industrial noncontact cooling water
or unpolluted process waters may be discharged, on approval of the Town Engineer,
to a storm sewer or other drainage facilities. It must be strictly understood
that where approval is given for discharge, a New York State SPDES permit
may be required.
(3)Â
No user shall discharge, or cause to be discharged, either
directly or indirectly to any public sewers, any substance or wastewater which
causes pass-through or interferes with the operation or performance of the
Town's wastewater facilities. In addition, no user shall discharge any substance
which will cause the Town to violate its SPDES permit, receiving water quality
standards, or contaminate the Town's sewage sludge to an extent which restricts
sludge disposal options. These general prohibitions also apply to all nondomestic
users of the Town's facilities whether or not the user is subject to Categorical
Pretreatment Standards or any other national, state or local pretreatment
requirements.
B.Â
Specific prohibitions. The following substances and wastewater
are specifically prohibited from discharge into the Town's facilities:
(1)Â
Any water or wastes having a pH lower than 6.0 or higher
than 9.5, or having any other corrosive property capable of causing damage
or hazard to structures, equipment and personnel involved with the Town's
sanitary sewer facilities.
(2)Â
Any liquid or vapor containing heat in amounts which
will inhibit biological activity in the wastewater treatment facility and
cause interference with the treatment process, but in no case shall heat be
in such quantities that the temperature at the Town's wastewater treatment
works influent exceeds 40º C. (104º F.).
(3)Â
Any water or wastes containing fats, wax, grease or oils,
whether emulsified or not, in excess of 100 mg/l or containing substances
which may solidify or become viscous at 0º C. (32º F.); also, petroleum
oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts
that will cause interference or pass-through.
(4)Â
Any radioactive wastes or isotopes except in compliance
with applicable state or federal regulations.
(5)Â
Any pollutants which result in the presence of toxic
gases, vapors or fumes within the sanitary sewer facilities in a quantity
that may cause acute worker health and safety problems.
(6)Â
Pollutants which create a fire or explosive hazard in
the sanitary sewer facilities, including, but not limited to, waste streams
with a closed-cup flashpoint of less than one 140º F. (60º C.) using
the test methods specified in 40 CFR 261.21.
(7)Â
Solid or viscous substances in quantities, or of such
size, capable of causing obstruction to the flow in the sanitary sewer facilities
resulting in interference, but in no case solids greater than 1/2 inch in
any dimension.
(8)Â
Wastewater which imparts color which cannot be removed
by the treatment process, such as but not limited to dye wastes and vegetable
tanning solutions, which consequently imparts color to the treatment plant's
effluent, thereby violating the Town's SPDES permit.
(9)Â
Pollutants, including oxygen-demanding pollutants (BOD,
etc.), released in a discharge at a flow rate and/or pollutant concentration
which, either singly or by interaction with other pollutants, will cause interference
with the sanitary sewer facilities.
(10)Â
Volumes of flow or concentrations of wastes constituting
slugs.
(12)Â
Sludges, screenings or other residues from the pretreatment
of industrial wastes.
(13)Â
Medical wastes, except as specifically authorized by
the Town Engineer in a wastewater discharge permit.
(14)Â
Wastewater causing, alone or in conjunction with other
sources, the treatment plant's effluent to fail a toxicity test.
(15)Â
Detergents, surface-active agents or other substances
which may cause excessive foaming in the sanitary sewer facilities.
(16)Â
At the point of discharge into the sanitary sewer facilities,
wastewater causing two readings on an explosion hazard meter of more than
10% or any single reading over 20% of the lower explosive limit of the meter.
(17)Â
Limits for prohibiting certain bioaccumulative and durable
substances are to be the same as those contained in the Town of Amherst Mass
Allocation and Pollutant Control Manual approved by the Town Board for the
Town of Amherst. For purposes of this item, the Town of Clarence adopts the
limits contained in the referenced Town of Amherst documents.
A.Â
Any promulgated national categorical pretreatment standard shall immediately supersede the limitations imposed under Part 1 of this chapter if more stringent than these limitations for sources in a particular industrial category. The Town Engineer shall notify all affected users of the applicable reporting requirements under 40 CFR 403.12.
B.Â
The categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405-471, are hereby incorporated. As new categorical pretreatment standards are promulgated or existing categorical standards modified, the Town Engineer, within 30 days of publication in the Federal Register, shall seek Town Board approval for incorporation into Part 1 of this chapter.
(1)Â
Where a categorical pretreatment standard is expressed
only in terms of either the mass or the concentration of a pollutant in wastewater,
the Town Engineer may impose equivalent concentration or mass limits in accordance
with 40 CFR 403.6(c).
(2)Â
When wastewater subject to a categorical pretreatment
standard is mixed with wastewater not regulated by the same standard, the
Town Engineer shall impose an alternate limit using the combined wastestream
formula in 40 CFR 403.6(e).
(3)Â
A user may obtain a variance from a categorical pretreatment
standard if the user can prove, pursuant to the procedural and substantive
provisions in 40 CFR 403.13, that factors relating to its discharge are fundamentally
different from the factors considered by the EPA when developing the categorical
pretreatment standard.
(4)Â
A user may obtain a net gross adjustment to a categorical
standard in accordance with 40 CFR 403.15.
(Reserved)
Local limits in the Town of Clarence shall be the same as the limits set in the Town of Amherst Mass Allocation and Pollutant Control Manual. Mass-based local limits shall be included in all wastewater discharge permits, for all users required to be permitted. Discharges which exceed mass-based local limits are prohibited. In addition, any user which discharges a pollutant greater than the unallocated reserve for that pollutant shall be considered to be in violation of Part 1 of this chapter. Further, concentration-based local limits based on worker health and safety for the Town of Clarence shall be the same as the limits contained in the Town of Amherst Mass Allocation and Pollutant Control Manual and shall be included in all wastewater discharge permits for all users required to be permitted. In addition, concentration-based local limits applicable to unpermitted industrial users are contained in this manual. Discharges which exceed concentration-based local limits are prohibited. The Town of Amherst Mass Allocation and Pollutant Control Manual and any limits developed through the use of such manual are duly enforceable by Part 1 of this chapter.
The Town reserves the right to establish more stringent limitations
or requirements on discharges to its wastewater facilities if deemed necessary
to comply with the objectives set forth above.
A.Â
No industrial user shall ever increase the use of process
water or in any other way attempt to dilute a discharge as a partial or complete
substitute for adequate treatment to achieve compliance with a discharge limitation
unless expressly authorized by an applicable pretreatment standard or requirement.