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Town of Clarence, NY
Erie County
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Table of Contents
Table of Contents
A. 
Use of public sewers required.
(1) 
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) 
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) 
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) 
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. 
Installation of sanitary drains.
(1) 
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) 
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) 
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) 
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) 
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) 
A separate and independent building sewer shall be provided for every building except where special permission is received from the Town Engineer.
(7) 
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) 
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) 
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:
(a) 
Building and sewer materials.
(b) 
Slope of building sewers.
(c) 
Angle, grade and bedding for building sewers.
(d) 
Pipe laying and backfilling.
(e) 
Connection of the building sewer to the sanitary sewer.
(10) 
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) 
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) 
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) 
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) 
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) 
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) 
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) 
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) 
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. 
General prohibitions.
(1) 
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) 
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) 
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. 
Specific prohibitions. The following substances and wastewater are specifically prohibited from discharge into the Town's facilities:
(1) 
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) 
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) 
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) 
Any radioactive wastes or isotopes except in compliance with applicable state or federal regulations.
(5) 
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) 
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) 
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) 
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) 
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) 
Volumes of flow or concentrations of wastes constituting slugs.
(11) 
Trucked or hauled pollutants, except at discharge points designated by the Town Engineer in accordance with § 177-15 of Part 1 of this chapter.
(12) 
Sludges, screenings or other residues from the pretreatment of industrial wastes.
(13) 
Medical wastes, except as specifically authorized by the Town Engineer in a wastewater discharge permit.
(14) 
Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test.
(15) 
Detergents, surface-active agents or other substances which may cause excessive foaming in the sanitary sewer facilities.
(16) 
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) 
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. 
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. 
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) 
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) 
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) 
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) 
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. 
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.
B. 
The Town may impose mass discharge limits on users who are using dilution to meet any requirement of Part 1 of this chapter or in other cases where the imposition of mass limits is appropriate.