This chapter sets forth uniform requirements
for direct and indirect contributors into the wastewater collection
and treatment system for the Village of Hamilton regulating the use
of public and private sewers and drains, private wastewater disposal,
the installation and connection of building sewers and the discharge
of waters and wastes into the public sewer system(s); and providing
penalties for violations thereof; and enables the Village to comply
with all applicable state and federal laws required by the Clean Water
Act of 1977 and the general pretreatment regulations (40 CFR Part
403).
The objectives of this chapter are:
A.
To prevent the introduction of pollutants into the
municipality wastewater system which will interfere with the operation
of the system or contaminate the resulting sludge.
B.
To prevent the introduction of pollutants into the
municipal wastewater system which will pass through the system, inadequately
treated, into receiving waters or the atmosphere or otherwise be incompatible
with the system.
C.
To improve the opportunity to recycle and reclaim
wastewaters and sludges from the system.
D.
To provide for equitable distribution of the cost
of the municipal wastewater system.
This chapter provides for the regulation of
direct and indirect contributors to the municipal wastewater system
through the issuance of permits to certain nondomestic users and through
enforcement of general requirements for the other users, authorizes
monitoring and enforcement activities, requires user reporting, assumes
that existing customers' capacity will not be preempted and provides
for the setting of fees or the equitable distribution of costs resulting
from the program established herein.
This chapter shall apply to the Village of Hamilton
and to persons outside the Village who are, by contract or agreement
with the Village, users of the Village publicly owned treatment works.
Except as otherwise provided herein, the Municipal Utilities Commission
of the Village, through the Village Engineer, shall administer, implement
and enforce the provisions of this chapter.
A.
ACT or THE ACT
APPROVAL AUTHORITY
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER
(1)
(2)
(3)
BIOCHEMICAL OXYGEN DEMAND (BOD)
BUILDING DRAIN
BUILDING SEWER
CATEGORICAL STANDARDS
COMBINED SEWER
COMMISSION
COMPATIBLE POLLUTANT
COOLING WATER
CONTROL AUTHORITY
DIRECT DISCHARGE
EASEMENT
ENGINEER
ENVIRONMENTAL PROTECTION AGENCY or EPA
FLOATABLE OIL
GARBAGE
GRAB SAMPLE
HOLDING TANK WASTE
INCOMPATIBLE POLLUTANT
INDIRECT DISCHARGE
INDUSTRIAL USER
INDUSTRIAL WASTES
INTERFERENCE
NATIONAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARD
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM OR NPDES PERMIT
NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE
STANDARD
NATURAL OUTLET
NEW SOURCE
OWNER
PERSON
pH
POLLUTANT
POLLUTION
POTW TREATMENT PLANT
PRETREATMENT or TREATMENT
PRETREATMENT REQUIREMENTS
PROPERLY SHREDDED GARBAGE
PUBLICLY OWNED TREATMENT WORKS or POTW
PUBLIC SEWER
SANITARY SEWER
SEWAGE
SEWER
SIGNIFICANT INDUSTRIAL USER
(1)
(2)
(3)
(4)
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
STATE
STORM DRAIN (sometimes termed "storm sewer")
STORMWATER
SUSPENDED SOLIDS
TOXIC POLLUTANT
UNPOLLUTED WATER
USER
VILLAGE
VILLAGE ENGINEER
WASTEWATER
WASTEWATER CONTRIBUTION PERMIT
WASTEWATER FACILITIES
WATERCOURSE
WATERS OF THE STATE
Unless the context specifically indicates otherwise,
the following terms and phrases, as used in this chapter, shall have
the meanings hereinafter designated:
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
Commissioner of the New York State Department of Environmental
Conservation, or his designated representative.
An authorized representative of an industrial user may be:
A principal executive officer of at least the
level of vice president, if the industrial user is a corporation;
A general partner or proprietor, if the industrial
user is a partnership or proprietorship, respectively;
A duly authorized representative of the individual
designated above, if such representative is responsible for the overall
operation of the facilities from which the indirect discharge originates.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure, five days at
20º C. expressed in terms of weight and concentration [milligrams
per liter (mg/l)].
That part of the lowest horizontal piping of a drainage system
which receives the discharge from soil, waste and other drainage pipes
inside the walls of the building and conveys it to the building sewer,
which begins five feet (1.5 meters) outside the inner face of the
building wall.
A sewer conveying wastewater from the premises of a user
to a public sewer, the publicly owned treatment works or other place
of disposal. Also called "house connection" or "lateral."
National Categorical Pretreatment Standards or Pretreatment
Standard.
A sewer intended to receive both wastewater and storm- or
surface water.
The Municipal Utilities Commission of the Village of Hamilton.
Biochemical oxygen demand, suspended solids, pH and fecal
coliform bacteria; plus any additional pollutants identified in the
publicly owned treatment work's NPDES permit, where the publicly owned
treatment works is designed to treat such pollutants and, in fact,
does treat such pollutants to the degree required by the publicly
owned treatment works' NPDES permit.
The water discharged from any use, such as air conditioners,
cooling or refrigeration, or to which the only pollutant added is
heat.
Refers to the approval authority defined hereinabove; or
the Village Engineer, if the Village has an approved pretreatment
program under the provisions of 40 CFR 403.11.
The discharge of treated or untreated wastewater directly
to the waters of the State of New York.
An acquired legal right for the specific use of land owned
by others.
The Village Engineer of the Village of Hamilton or his authorized
deputy, agent or representative.
The United States Environmental Protection Agency, or, where
appropriate, the term may also be used as a designation for the Administrator
or other duly authorized official of said agency.
Oil, fat or grease in a physical state such that it will
separate from wastewater by treatment in an approved pretreatment
facility. A wastewater shall be considered free of floatable fat if
it is properly pretreated and the wastewater does not interfere with
the collection system.
The animal and vegetable waste resulting from the handling,
preparation, cooking and serving of foods.
A sample which is taken from a waste stream on a one-time
basis with no regard to the flow in the waste stream and without consideration
of time.
Any waste from holding tanks such as vessels, chemical toilets,
campers, trailers, septic tanks and vacuum-pump tank trucks.
All pollutants other than compatible pollutants, as defined
in this section.
The discharge or the introduction of nondomestic pollutants
from any source regulated under § 307(b) or (c) of the Act
(33 U.S.C. § 1317) into the publicly owned treatment works,
including holding tank waste discharged into the system.
A source of indirect discharge which does not constitute
a discharge of pollutants under regulations issued pursuant to § 402
of the Act (33 U.S.C. § 1342).
The wastewater from industrial processes, trade or business
as distinct from domestic or sanitary wastes.
The inhibition or disruption of the POTW treatment processes
or operations or which contributes to a violation of any requirement
of the Village's NPDES permit. The term includes prevention of sewage
sludge use or disposal by the POTW in accordance with § 405
of the Act (33 U.S.C. § 1345) or any criteria, guidelines
or regulations developed pursuant to the Solid Waste Disposal Act
(SWDA), the Clean Air Act, the Toxic Substances Control Act or more
stringent state criteria, including those contained in any state sludge
management plan prepared pursuant to Title IV of SWDA, applicable
to the method of disposal or use employed by the POTW.
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with § 307(b) and (c) of the Act
(33 U.S.C. § 1347) which applies to a specific category
of industrial users.
A permit issued pursuant to § 402 of the Act (33
U.S.C. § 1342).
Any regulation developed under the authority of 307(b) of
the Act and 40 CFR 403.5.
Any outlet, including storm sewers and combined sewer overflows,
into a watercourse, pond, ditch, lake or other body of surface water
or groundwater.
Any source, the construction of which is commenced after
the publication of proposed regulations prescribing a § 307(c)
(33 U.S.C. § 1317) categorical pretreatment standard, which
will be applicable to such source, if such standard is thereafter
promulgated within 120 days of proposal in the Federal Register. Where
the standard is promulgated later than 120 days after proposal, a
"new source" means any source, the construction of which is commenced
after the date of promulgation of the standard.
Any person having title to real property.
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. The masculine gender shall include the feminine, and the
singular shall include the plural where indicated by the context.
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions expressed in grams per liter of solution. Neutral
water, for example, has a pH value of seven and a hydrogen ion concentration
of 10-7.
Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, chemical wastes, oil, solvent,
biological materials, radioactive materials, heat, wrecked or discharged
equipment, rock, sand, cellar dirt and industrial, municipal and agricultural
waste discharged into water.
The man-made or man-induced alteration of the chemical, physical,
biological, and radiological integrity of water.
That portion of the POTW designed to provide treatment to
wastewater.
The reduction of the amount of pollutants, the elimination
of pollutants or the alteration of the nature 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 or process changes by other means, except as prohibited
by 40 CFR 403.6(d).
Any substantive or procedural requirement related to pretreatment,
other than a National Pretreatment Standard, imposed on an industrial
user.
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 § 212 of the Act
(33 U.S.C. § 1292), which is owned in this instance by the
Village. This definition includes any sewers that convey wastewater
to the POTW treatment plant, such as a public sewer, but does not
include pipes, conduits, sewers or other conveyances not connected
to a facility providing treatment, such as a building drain, building
sewer, house connection or lateral. For the purposes of this chapter,
"POTW" shall also include any sewers that convey wastewaters to the
POTW from persons outside the Village who are, by contract or agreement
with the Village, users of the Village's POTW.
A common sewer controlled by a governmental agency or public
utility.
A sewer that carries liquid and water-carried wastes from
residences, commercial buildings, industrial plants and institutions,
together with minor quantities of ground- , storm- and surface waters
that are not admitted intentionally.
The spent water of a community. The preferred term is "wastewater"
(see definition in this section).
A pipe or conduit that carries wastewater or drainage water.
Any industrial, commercial or institutional user of the Village's
wastewater disposal system who:
Is subject to categorical pretreatment standards
(NRDC Consent Decree Industries); or
Is found by the Village, New York State Department
of Environmental Conservation or the United States Environmental Protection
Agency to have significant impact, either singly or in combination
with other contributing industries, on the wastewater treatment system,
the quality of sludge, the system's effluent quality or air emissions
generated by the system; or
Is a manufacturing industry using substances
of concern; or
Has a process discharge flow of more than 25,000
gallons per average workday.
A classification pursuant to the Standard Industrial Classification
Manual issued by the Executive Office of the President, Office of
Management and Budget, 1972.
State of New York or its administrative agencies.
A drain or sewer for conveying water, groundwater, subsurface
water or unpolluted water from any source.
Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
The total suspended matter that floats on the surface of
or is suspended in water, wastewater or other liquids and which is
removable by laboratory filtering.
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the Administrator of the Environmental
Protection Agency under the provision of CWA 307(a) or other Acts.
Water of quality equal to or better than the effluent criteria
in effect or water that would not cause violation of receiving water
quality standards and would not be benefitted by discharge to the
sanitary sewers and wastewater treatment facilities provided.
Any person who contributes, causes or permits the contribution
of wastewater into the Village's POTW.
The political subdivision of the Village of Hamilton and
its duly appointed commissions, agents and employees.
The person designated by the Village to supervise the operation
of the publicly owned treatment works and who is charged with certain
duties and responsibilities by this chapter or his duly authorized
representative.
The liquid and water-carried industrial or domestic wastes
from dwellings, commercial buildings, industrial facilities and institutions,
together with any groundwater, surface water and stormwater that may
be present, whether treated or untreated, which is contributed into
or permitted to enter the POTW. The spent water of the community.
As set forth in § 129-50 of this chapter.
The structures, equipment and processes required to collect,
carry away and treat domestic and industrial wastes and dispose of
the effluent.
A natural or artificial channel for the passage of water,
either continuously or intermittently.
All streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigation systems, drainage
systems and all other bodies or accumulations of water, surface or
underground, natural or artificial, public or private, which are contained
within, flow through or border upon the state or any portion thereof.
B.
"Shall" is mandatory; "may" is permissive.
The following abbreviations shall have the designated
meanings:
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BOD — Biochemical oxygen demand
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CFR — Code of Federal Regulations
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COD — Chemical oxygen demand
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l — Liter
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mg — Milligrams
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mg/l — Milligrams per liter
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NPDES — National Pollutant Discharge
Elimination System
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POTW — Publicly owned treatment
works
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SIC — Standard Industrial Classification
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SWDA — Solid Waste Disposal
Act, 42 U.S.C. § 6901 et seq.
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TSS — Total suspended solids
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U.S.C. — United States Code
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USEPA — United States Environmental
Protection Agency
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