[HISTORY: Adopted by the Council of the City
of Beacon 9-18-1985; amended in its entirety 7-18-2011 by L.L. No. 11-2011. Amendments noted
where applicable.]
A.
Purposes. The purposes involved in the enactment of this chapter
include:
(1)
To prevent the introduction of pollutants which will interfere with
the operation of the City of Beacon's POTW facility.
(2)
To allow the Beacon POTW to meet all NPDES and SPDES permit requirements.
(3)
To prevent the introduction of pollutants that will pass through
the Beacon POTW that will contaminate the receiving waters, the sludge
or the atmosphere around the Beacon POTW.
(4)
To regulate the users of the POTW, whether they be direct or indirect
contributors, through the issuance of permits.
(5)
To improve the opportunity to recover or reclaim wastewaters and
sludge from the Beacon POTW.
(6)
To equitably distribute the operational costs of the Beacon POTW
to its users.
(7)
To provide cooperation with, and abide by, the most stringent standards
of the Dutchess County Department of Health, the New York State Department
of Environmental Conservation and the United States Environmental
Protection Agency.
(8)
To promote compliance with environmental laws and protect public
health by identifying, preventing and removing inflow and infiltration.
B.
Findings. The City Council of the City of Beacon finds the following:
(1)
The City of Beacon sanitary sewer system owns, operates and maintains
an extensive network of sewer lines and a wastewater treatment plant.
(2)
The City's ability to effectively manage the sewer system is
affected by the proper maintenance and use of sewer service lines
which is the responsibility of the users of the sewer system.
(3)
The introduction of large volumes of stormwater, surface water, groundwater,
roof runoff, subsurface drainage and other similar discharges into
the sanitary sewer system can result in sanitary sewer overflows (and
the release into the environment of untreated sewage), and can also
result in basement backups and other undesirable consequences.
(4)
It is the purpose of this chapter, by the application and enforcement
thereof, to deter, prevent and eliminate, so far as practical, the
introduction of stormwater, surface water, groundwater, roof runoff,
subsurface drainage and other similar discharges other than domestic
or industrial sewage into the sewer system.
(5)
This chapter serves the public interest by promoting, to the maximum
extent practical, the development and implementation of mechanisms
that assure appropriate capacity management, operation and management
of the sewer system.
A.
ACT or THE ACT
APPROVAL AUTHORITY
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER
(1)
(2)
(3)
BIOCHEMICAL OXYGEN DEMAND (BOD)
BUILDING SANITARY SEWER SERVICE
BUILDING SEWER
CATEGORICAL STANDARDS
CERTIFICATE OF INSPECTION
CITY
CONTROL AUTHORITY
COOLING WATER
DEPARTMENT OF ENVIRONMENTAL CONSERVATION or DEC
DIRECT DISCHARGE
DIRECTOR OF OPERATIONS FOR WATER AND SEWER DEPARTMENTS
DOMESTIC SANITARY SEWAGE
ENVIRONMENTAL PROTECTION AGENCY or EPA
GARBAGE
GRAB SAMPLE
GROUNDWATER
INDIRECT DISCHARGE
INDUSTRIAL SEWAGE
INDUSTRIAL USER
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
NONSANITARY DISCHARGE
PERSON
pH
PLUMBER
POLLUTANT
POLLUTION
POTW TREATMENT PLANT
PRETREATMENT or TREATMENT
PRETREATMENT REQUIREMENTS
PUBLICLY OWNED TREATMENT WORKS (POTW)
SIGNIFICANT INDUSTRIAL USER
(1)
(2)
(3)
(4)
(5)
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
STATE
STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM OR SPDES PERMIT
STORMWATER
SUSPENDED SOLIDS
TOXIC POLLUTANT
USER
WASTEWATER
WASTEWATER CONTRIBUTION PERMIT
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.
The director in an NPDES state with an approved state pretreatment
program and the administrator of the EPA in a non-SPDES state or NPDES
state without an approved state pretreatment program.
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,
beginning five feet (1.5 meters) outside the inner face of the building
wall.
A sanitary sewer conveying wastewater from the building sanitary
sewer service to the public sanitary sewer.
National Categorical Pretreatment Standards or pretreatment
standard.
A written statement from the City Building Inspector, City Engineer or their duly authorized designee describing the condition of roof drains, sump pump, or other prohibited stormwater or groundwater connections or sources of inflow or infiltration found, or lack thereof, as set forth in § 179-6 of this chapter.
The City of Beacon or the City Council of Beacon.
Refers to the approval authority defined hereinabove, or
the Superintendent, if the City has an approved pretreatment program
under the provisions of 40 CFR 403.11.
The water discharged from any use such as air conditioning,
cooling or refrigeration or to which the only pollutant added is heat.
The New York State Department of Environmental Conservation,
or, where appropriate, the term may also be used as a designation
for the Commissioner or other duly authorized official of said agency.
The discharge of treated or untreated wastewater directly
to the waters of the State of New York.
The person designated by the City of Beacon 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 (City Engineer).
Solid and liquid wastes from toilet and lavatory fixtures,
laundries, tubs or equivalent plumbing fixtures as discharged from
dwellings, businesses and industrial buildings.
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.
Solid wastes from the preparation, cooking and dispensing
of food and from the handling, storage and sale of produce.
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.
Water beneath the earth's surface.
The discharge or the introduction of nondomestic pollutants
from any source regulated under Section 307(b) or (c) of the Act (33
U.S.C. § 1317) into the POTW, including holding tank waste
discharged into the system.
Water-carried wastes of any industrial process, as distinct
from domestic sanitary sewage; includes materials dissolved, suspended
or mechanically carried in the waste.
A source of indirect discharge which does not constitute
a discharge of pollutants under regulations issued pursuant to Section
402 of the Act (33 U.S.C. § 1342).
The inhibition or disruption of the POTW treatment processes
or operations which contributes to a violation of any requirement
of the City's NPDES permit. The term includes prevention of sewage
sludge use of disposal by the POTW in accordance with Section 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 the 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 Section 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 Section 402 of the Act (33 U.S.C.
§ 1342).
Any regulation developed under the authority of Section 307(b)
of the Act and 40 CFR 403.5.
Any outlet into a water source, pond, ditch, lake or other
body of surface or storm water.
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.
Any substance discharged into a sanitary sewer other than
sewage, including but not limited to stormwater, surface water, groundwater,
roof runoff, subsurface drainage, cooling water, air-conditioning
and refrigerating wastewaters, and unpolluted industrial process water.
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,
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.
Any duly licensed plumber of the City of Beacon.
Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, chemical wastes, 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 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.
A treatment works as defined by Section 212 of the Act (33
U.S.C. § 1292) which is owned in this instance by the City.
This definition includes any sewers that convey wastewater to the
POTW treatment plant but does not include pipes, sewers or other conveyances
not connected to a facility providing treatment. For the purposes
of this chapter, "POTW" shall also include any sewers that convey
wastewaters to the POTW from persons outside the City of Beacon who
are, by contract or agreement with the City of Beacon, users of the
City of Beacon's POTW.
Any industrial user of the City of Beacon's wastewater
disposal system who:
Has a discharge flow of 25,000 gallons or more per average workday.
Has a flow greater than 5% of the flow in the City of Beacon's
wastewater treatment system.
Has, in his wastes, toxic pollutants, as defined pursuant to
Section 307 of the Act or the State of New York statutes and rules.
Is subject to categorical pretreatment standards.
Is found by the City of Beacon, New York State Department of
Environmental Conservation or the United States Environmental Protection
Agency (EPA) 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.
A classification pursuant to the Standard Industrial Classification
Manual issued by the Executive Office of the President, Office of
Management and Budget, 1972.
The State of New York.
A permit issued by the State Department of Environmental
Conservation pursuant to § 17-0805 of the Environmental
Conservation Law of the State of New York.
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 provisions of Section 307(a) of the Clean
Water Act or other acts.
Any person who contributes, causes or permits the contribution
of wastewater into the City of Beacon's POTW.
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.
As set forth in § 179-9 of this chapter.
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.
Word usage. "Shall" is mandatory; "may" is permissive.
C.
Abbreviations. The following abbreviations shall have the designated
meanings:
|
ASTM — American Society of Testing and Materials
| |
|
BOD — biochemical oxygen demand
| |
|
DEC — Department of Environmental Conservation
| |
|
EPA — Environmental Protection Agency
| |
|
l — liter
| |
|
mg — milligrams
| |
|
mg/l — milligrams per liter
| |
|
NPDES — National Pollutant Discharge Elimination
System
| |
|
POTW — publicly owned treatment works
| |
|
SIC — Standard Industrial Classification
| |
|
SPDES — state pollutant discharge elimination
system
| |
|
TSS — total suspended solids
| |
|
WPCF — Waste Pollutant Control Federation
|
A.
It shall be unlawful for any person to place, deposit or permit to
be deposited in any unsanitary manner upon a public or private property
within the City of Beacon or in any area under the jurisdiction of
said City any human or animal excrement, garbage or other objectionable
waste.
B.
It shall be unlawful to discharge to any natural outlet or storm
sewer within the City of Beacon or in any area under the jurisdiction
of said City any sanitary sewage, industrial wastes or other polluted
waters, except where suitable treatment has been provided in accordance
with subsequent provisions of this chapter.
C.
The owners of all houses, buildings or properties used for human
occupancy, employment, recreation or other purposes, situated within
the City of Beacon 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, are hereby required, at their expense,
to install suitable toilet facilities therein and to connect such
facilities directly with the proper public sanitary sewer in accordance
with the provisions of this chapter, within 10 days after date of
official notice to do so.
D.
The owners of houses, buildings or properties which are connected
to the public sanitary sewer system and who are customers of the City
sanitary sewer system are deemed to consent to allow the City Building
Inspector, City Engineer, the Director of Operations for Water and
Sewer Departments or their duly authorized designee to inspect the
house, building or properties at a reasonable time to confirm compliance
with the requirements of this chapter.
E.
Where a public sanitary or combined sewer is not available, as determined
by the City Engineer, the building sewer shall be connected to a private
sewage disposal facility. Prior to the construction of a private sewage
disposal facility, the owner(s) shall obtain a permit from the Superintendent.
All plans, specifications or other necessary material should be provided
at that time and shall be subject to the Superintendent's and/or
Dutchess County Health Department's approval. A permit fee may
be required for a private sewage disposal system by the Director of
Operations for Water and Sewer Departments and shall be paid prior
to the construction of such a facility.
F.
There shall be two classes of building sewer permits: for residential
and commercial service and for service to establishments producing
industrial wastes. In either case, the owner(s) or his agent shall
make application on a special form furnished by the City. The permit
application shall be supplemented by any plans, specifications or
other information considered pertinent in the judgment of the Superintendent.
G.
Responsibility for costs and expenses.
(1)
All costs and expenses incidental to the installation and connection
of the building sewer shall be borne by the owner(s). The owner(s)
shall indemnify the City from any loss or damage that may directly
or indirectly be occasioned by the installation of the building sewer.
(2)
When the Director of Operations for Water and Sewer Departments certifies
that a water or sewer main line has failed under the paved portion
of a City street, including the Route 9D arterial highway, the City
will reimburse the cost of repairing the portion of that line that
lies under the paved portion of the City street. This provision shall
not apply to water or sewer service lines. That payment will be based
on the average cost of such repairs per linear foot as determined
by the Director of Operations for Water and Sewer Departments by January
1 of the year for which it will be effective. The City will not reimburse
the cost of repairs where the property owner or his assigns are determined
to have caused the failure, or the failure is caused by tree roots,
or the owner has insurance coverage for the repair. The owner must
provide all insurance information, including, but not limited to,
the extent of any insurance payments. The owners of each property
continue to own and be responsible for the maintenance of water and
sewer lines providing service to that property from the water or sewer
main to the structure served.
H.
A separate and independent building sewer shall be provided for every
building; except that, 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,
the front building may be extended to the rear building and the whole
considered as one building sewer, but the City does not and will not
assume any obligation or responsibility for damage caused by or resulting
from any such single connection aforementioned.
I.
Old building sewers may be used in connection with new buildings
only when they are found by the Director of Operations for Water and
Sewer Departments to meet all requirements of this chapter. The Director
of Operations for Water and Sewer Departments shall make such determination
following testing by the property owner satisfactory to the Director
of Operations for Water and Sewer Departments and performed with the
oversight of the Director of Operations for Water and Sewer Departments.
J.
The size, slope, alignment, materials of construction of a building
sewer and the methods to be used in excavating, placing of the pipe,
jointing, testing and backfilling the trench shall all conform to
the requirements of the Building and Plumbing Code or other applicable
rules and regulations of the City. In the absence of code provisions
or in amplification thereof, the materials and procedures set forth
in appropriate specifications of the ASTM and WPCF Manual of Practice
No. 9 shall apply.
K.
Whenever possible, the building sewer shall be brought to the building
at an elevation below the basement floor. In all buildings in which
any building sanitary sewer service is too low to permit gravity flow
to the public sanitary sewer, sanitary sewage carried by such building
sanitary sewer service shall be lifted by an approved means and discharged
to the building sewer.
L.
No person(s) shall make connection of roof downspouts, foundation
drains, areaway drains or other sources of stormwater, surface runoff
or groundwater to a building sewer or building sanitary sewer service
which, in turn, is connected directly or indirectly to a public sanitary
sewer unless such connection is approved by the Director of Operations
for Water and Sewer Departments for purposes of disposal of polluted
surface drainage.
M.
The connection of the building sewer into the public sanitary sewer
shall conform to the requirements of the Building and Plumbing Code
or other applicable rules and regulations of the City or the procedures
set forth in appropriate specifications of the ASTM and the WPCF Manual
of Practice No. 9. All such connections shall be made gastight and
watertight and verified by proper testing so that no leakage into
or from such connection shall occur. Any deviation from the prescribed
procedures and materials must be approved by the Director of Operations
for Water and Sewer Departments before installation.
N.
When the building sewer trench has been excavated and the building
sewer has been repaired, altered or constructed and is ready for inspection
and connection to the public sanitary sewer, the City Engineer and/or
Director of Operations for Water and Sewer Departments shall be notified
during regular working hours not less than 48 hours in advance of
the time when the connection to the public sanitary sewer is planned.
The connection of the building sewer to the public sanitary sewer
shall be made under the supervision of the Engineer and/or Director
of Operations for Water and Sewer Departments, and a record of all
said connections shall be kept by the Director of Operations for Water
and Sewer Departments. If any person constructs, installs, alters
or repairs any building sewer or building sanitary sewer service connecting
with a public sanitary sewer in the City of Beacon in violation of
any section of this chapter or fails to give adequate notice to the
Engineer for an inspection of the work, said Engineer and/or Director
of Operations for Water and Sewer Departments may order all or any
portion of said work to be uncovered for inspection and approval.
O.
All excavations for building 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 the work shall be restored in a manner satisfactory
to the City.
P.
If any person, after proper order or direction from the Engineer
and/or Director of Operations for Water and Sewer Departments, fails
to remedy any violation of this section or of any other section of
this chapter, the Director of Operations for Water and Sewer Departments
may disconnect the building sewer of the property where the violation
exists from the public sanitary sewer and may collect the cost of
making such disconnection from any person or persons responsible for
or willfully concerned in or who profited by such violation of the
requirements of this chapter.
A.
No person shall discharge into any public sewer of the City of Beacon
any waste, substance or waters other than such kinds or types of waters
or water-carried wastes for the conveyance of which the particular
public sewer is intended, designed or provided.
B.
No person shall discharge or cause to be discharged any nonsanitary
substance, including, but not limited to, stormwater, surface water,
groundwater, roof runoff, subsurface drainage, cooling water, air-conditioning
and refrigerating wastewaters or unpolluted industrial process water
or any other similar discharge to any sanitary sewer. Any existing
connection or discharge resulting in a nonsanitary discharge to the
sanitary sewer shall be terminated.
C.
Stormwater and all other unpolluted drainage or uncontaminated process
water in excessive quantities may be discharged to such storm sewers
as are specifically designed as storm sewers or to a natural outlet.
Any discharges of cooling waters into state waters are required to
apply for an SPDES permit. All of these discharges are subject to
federal and state requirements.
D.
Except as hereinafter provided, no person shall discharge or cause
to be discharged any of the following described waters or wastes to
any public sewer:
(1)
Any liquids, solids or gases which, by themselves or combined with
other substances, cause a fire or explosion or would be injurious
in any other manner to the Beacon POTW or its operation. At no time
shall two successive readings on an explosion-hazard meter at the
point of discharge into the system (or at any point within the system)
be more than 5% nor any single reading over 10% of the lower explosive
limit (LEL) of the meter. The prohibited materials include, but are
not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene,
ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates,
bromates, carbides, hydrides, sulfides and any other substances for
which the City, DEC or EPA has notified the user that the substance
is a fire hazard or a hazard to the system.
(2)
Solid or viscous substances which may cause an obstruction or interference
with the wastewater flow. These substances include, but are not limited
to, grease, garbage with particles greater than 1/2 inch in any dimension,
animal guts or tissue, paunch manure, bones, hair, hides or fleshings,
entrails, whole blood, feathers, ashes, cinders, sand, spent lime,
stone or marble dust, metal, glass, straw, shavings, grass clippings,
rags, spent grains, spent hops, wastepaper, wood, plastics, gas, tar,
asphalt residues, residues from refining or processing of fuel or
lubricating oil, mud or glass-grinding or polishing wastes.
(3)
Any wastewater that has a pH lower than 5.0 or higher than 9.0 or
wastewater that may have any corrosive properties that may be damaging
the operation, personnel or equipment belonging to the Beacon POTW.
(4)
Any wastewater containing heat in amounts which could inhibit biological
activity in the treatment plant resulting in interference, but in
no case containing heat in such quantities as to cause the influent
temperature to the treatment plant to exceed 40º C. (104º
F.).
(5)
Any noxious or malodorous gas, vapor or substance capable of creating
a public or private nuisance.
(6)
Any wastewater containing toxic pollutants sufficiently, either alone
or by interaction with other pollutants, that is capable of being
a hazard to humans or animals, interfering with the operation of the
Beacon POTW, creating a toxic effect in the receiving waters from
the POTW or exceeding the limitation set forth in a categorical pretreatment
standard. Toxic pollutants shall include, but not be limited to, any
pollutant identified pursuant to Section 307(a) of the Act.
(7)
Any substance that may interfere with or prevent the proper disposal
of any products produced at the Beacon POTW, such as sludges, residues
or scums. In no case shall a substance discharged to the Beacon POTW
be in noncompliance under guidelines set forth in Section 405 of the
Act or guidelines regulating sludge use or disposal, including the
Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances
Control Act and any state or local requirements applicable to the
method of sludge use or disposal.
(8)
Any substance or substances which will cause the Beacon POTW to violate
its SPDES permit or receiving water quality standards.
(9)
Any wastewater that has an objectionable color that cannot be removed
in the wastewater treatment process, which includes, but is not limited
to, dye wastes and vegetable tanning solutions.
(10)
Any slug loads of any pollutants, including oxygen-demanding pollutants,
released at a concentration or flow rate that is known to be or suspected
of being detrimental to operation or causing interference to the Beacon
POTW.
(11)
Any wastewater containing radioactive wastes or isotopes that exceed
any limits established by federal, state or local regulations.
(12)
Any wastewater deemed hazardous to human life or any wastewater that
creates a public nuisance.
A.
Local effluent limitations. In order to facilitate the proper and
continuous operation of the Beacon POTW, discharge limitations for
any person shall not be in excess of:
|
Pollutant
|
Concentration
(mg/l)
| |
|---|---|---|
|
BOD
|
*200
| |
|
TSS
|
200
| |
|
Cadmium (Cd)
|
0.08
| |
|
Chromium (Cr)
|
4.0
| |
|
Copper (Cu)
|
1.1
| |
|
Lead (Pb)
|
1.1
| |
|
Mercury (Hg)
|
0.04
| |
|
Nickel (Ni)
|
2.0
| |
|
Zinc (Zn)
|
10
| |
|
Toluene
|
107
|
|
*NOTE: May be changed upon plant modifications.
|
B.
Exceptions to local limits. In determining whether any waste discharged
or proposed to be discharged into any public sanitary sewer is to
be excluded, consideration will be given to the quantity, time or
times, rate and manner of discharge, dilution and character of the
waste in question, the size of the sewer into which the waste is to
be discharged, the probable quantity of sewage or other wastes likely
in said sewer and other pertinent facts. Minute quantities of a waste
which would be objectionable in larger quantity may be accepted if
sufficiently diluted when and as discharged or if the quantity discharged
is small as compared with the flow in the receiving sewer, but any
permission to discharge greater quantities of a locally limited waste
shall be subject to the approval of the Director of Operations for
Water and Sewer Departments or the Wastewater Treatment Plant Operator.
In no case will approval be granted to discharge wastewater containing
pollutants that exceed the limitations set forth in any categorical
pretreatment standard.
C.
Excessive discharge or dilution. No user of the Beacon POTW shall
in any way attempt to dilute a discharge as a complete substitute
to meet the discharge limits imposed by NPDES, SPDES, categorical
pretreatment standards or any other regulations imposed by federal,
state or local authorities.
D.
Accidental discharges. Every user shall provide, at his own expense,
facilities designed to handle the accidental discharge of prohibited
materials or other substances regulated by this chapter. The plans
for the design of such facilities shall be submitted and approved
by the City before the construction of the facility, and the designs
must also meet any standards regulated by federal, state and local
authorities. In case of an accidental discharge, the Beacon POTW must
be notified by telephone immediately, and the user shall include the
type of waste discharge, the amount (concentration and volume), the
location of the discharge and corrective measures being taken. A detailed
followup report, in writing, shall be submitted to the Beacon POTW
within five days of an accidental discharge, indicating the cause
of the discharge, corrective measures and future preventive measures
that the user intends to implement. Users will be responsible for
advising employees on the steps to be taken in case of a discharge,
and users will be financially responsible for any damages caused by
accidental discharges.
E.
Federal categorical pretreatment standards. All industries that are
subject to categorical pretreatment standards must comply with any
limitations imposed by these standards. Any state or local standards
which are more stringent will supersede the federal pretreatment standards.
The Director of Operations for Water and Sewer Departments and/or
the Wastewater Treatment Plant Operator will update affected industries
on any relevant changes in the categorical standards.
A.
Certificate of inspection required. Prior to any final decision from
the Zoning Board of Appeals or Planning Board on any application for
a special permit, site development plan, subdivision or variance,
the applicant shall submit a current certificate of inspection issued
by the City Building Inspector, City Engineer, or their duly authorized
designee.
[Amended 10-3-2011 by L.L. No. 12-2011]
C.
Waiver. After an inspection of the house, building or property by
the City Building Inspector, City Engineer or their duly authorized
designee, and upon a finding by the City Building Inspector, City
Engineer, or their duly authorized designee that removal of an illegal
connection or discharge to the sanitary sewer is not reasonably practical
or possible due to the particular facts and circumstances presented,
and upon the payment of a fee as established by the City Council of
the City of Beacon and set forth in the Schedule of Fees for the City
of Beacon, the City Building Inspector, City Engineer or their duly
authorized designee may issue a waiver from removal of the illegal
connection or discharge. Such waiver shall not be transferable to
subsequent owners and shall be valid for one year from the date of
its issuance. Renewal waivers may be issued upon request of the owner,
and its issuance shall follow the same procedures as the issuance
of the initial waiver. No waiver shall be granted if the illegal connection
or discharge results in a nuisance or hazard on public rights-of-way
and property owned by the City of Beacon.
D.
Inspection.
[Amended 10-3-2011 by L.L. No. 12-2011]
(1)
The owner of a house, building or property situated within the City
of Beacon shall cause an inspection to be made of the house, building
or property prior to the submission of an application for any special
permit, site development plan, subdivision or variance for the house,
building and/or property by the Building Department, Planning Board,
Zoning Board of Appeals or City Council of the City of Beacon.
(2)
Except where the City Building Inspector or City Engineer require
a sworn certification from a licensed engineer or architect verifying
whether the house, building or property has any roof drains, sump
pump or other prohibited stormwater connections, groundwater connections
or other sources of inflow or infiltration to the sanitary sewer system
in violation of this chapter, the inspection shall be conducted by
the City Building Inspector, City Engineer or their duly authorized
designee. The inspection shall be conducted for the purposes of determining
whether the house, building or property has any roof drains, sump
pump or other prohibited stormwater connections, groundwater connections
or other sources of inflow or infiltration to the sanitary sewer system
in violation of this chapter.
(3)
Following the inspection and/or submittal of a sworn certification
from a licensed engineer or architect, as required by the City Building
Inspector or City Engineer, a certificate of inspection shall be issued
by the City Building Inspector or City Engineer attesting to the existing
conditions, describing with specificity the condition of the roof
drains, sump pump, or other prohibited stormwater or groundwater connections
or sources of inflow or infiltration found, or lack thereof.
E.
The certificate of inspection shall contain the following information:
(1)
Date of inspection;
(2)
Address of the house, building or property to be transferred or occupied;
and
(3)
A statement, signed by the house, building or property owner(s) and
person performing the inspection, that the house, building or property
has or does not have roof drains, sump pump or other prohibited stormwater
and/or groundwater connections and/or sources of inflow or infiltration
to the sanitary sewer system in violation of this chapter.
F.
Except as provided in § 179-6C, any illegal connection or discharge into the sanitary sewer system shall be remedied within 30 days of the issuance of a certificate of inspection which states that the house, building or property contains an illegal connection or discharge into the sanitary sewer system.
G.
It shall be a violation of this chapter for any person to reconnect
roof drains, sump pumps or any other source of prohibited stormwater
and/or groundwater discharges to the sanitary sewer system and/or
to construct or alter a lateral or other sewer line in such manner
as to cause infiltration or inflow to the sanitary sewer system.
H.
The certificate of inspection shall be maintained in the Building
Department's files and provided to subsequent property owners
upon request.
I.
A certificate of inspection issued pursuant to this chapter shall
expire 90 days after its execution.
J.
Failure to obtain a certificate of inspection as required shall be
a violation of this chapter, and the owner shall immediately cause
an inspection to be made of the house, building or property by the
City Building Inspector, City Engineer or their duly authorized designee.
A.
Connections to, alterations to or repairs to any public sewer or
the manholes or other appurtenances of said sewer system in the City
of Beacon shall not be made by any person other than a licensed plumber
of the City of Beacon and personnel of the Sewer Department of the
City of Beacon.
B.
No unauthorized person shall open the cover of, enter or alter any
manhole or other appurtenance of any public sewer or place or insert
in any public sewer or its appurtenances any foreign material which
said sewer or its appurtenances were not intended to receive; nor
shall any person damage, destroy, uncover, deface or tamper in any
way with any public sewer or its appurtenances without first obtaining
a written permit from the Superintendent. Any person violating this
provision of this chapter may be subject to civil and/or legal action.
A.
The following charges and fees may be adopted by the Beacon POTW
and include:
(1)
Fees for initiating and operating the Beacon pretreatment program.
(2)
Fees for monitoring and inspecting users.
(3)
Fees for reviewing and approving the designs of accidental discharge
facilities.
(4)
Fees for permit applications.
(5)
Fees for filing appeals.
(6)
Fees for removal of pollutants otherwise subject to categorical pretreatment
standards.
(7)
Any other fees deemed necessary by the City in order to properly
maintain the Beacon POTW.
B.
These fees only apply to this chapter and are separate from all other
charges and fees administered by the City of Beacon.
C.
In addition to any other fees or charges provided by law, the owner
of any parcel of real property served by the sewer system, including
but not limited to real property connected with the sewer system by
means of a private sewer or drain emptying into the sewer system,
shall pay a sewer rent. Such rent is hereby fixed at an amount equal
to the percentage of the charge made for the water supplied to such
real property as fixed by the annual City budget.
It shall be unlawful to discharge any material into the City
sewer or in any area within the jurisdiction of the City without a
City permit, except as authorized by the Superintendent.
A.
Permit application. All significant users, as deemed by the Superintendent,
must obtain a wastewater contribution permit. All existing significant
users must obtain a permit within 180 days of the effective date of
this chapter. Any significant industrial user proposing to connect
or contribute to the sewer shall apply for a permit at least 90 days
prior to connection. The permit application shall include the following
information supplied by the industrial user:
(1)
Name, address and location.
(2)
Standard Industrial Classification number according to the SIC Manual,
Bureau of Budget.
(3)
Sampling and analysis of substances, including but not limited to pollutants mentioned in § 179-4 of this chapter. Sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR 136, as amended.
(4)
Average daily and thirty-minute peak wastewater flow rates, including
flow variations and dates.
(5)
Plans of the user, including all sewers, sewer connections and relative
location and elevation.
(6)
Description of plant processes occurring, including a list of substances
which are or could be discharged.
(7)
If known, the nature and concentration of any pollutants in the discharge
which are limited by federal, state or local pretreatment standards,
whether the standards are being met and what additional steps the
user is taking to meet these standards if the user is violating the
standards.
(8)
If additional pretreatment is required to meet pretreatment standards,
the following compliance schedule will be used:
(a)
The schedule shall contain increments of progress that a user
shall abide by. This should be in the form of completion dates for
the major events leading to the construction and operation of additional
pretreatment requirements for the user. Any delays or failures to
meet the compliance schedule should be noted and explained by the
user.
(b)
The schedule increments shall not exceed six months.
(c)
Not later than 14 days following each date in the schedule and
the final date for compliance, the user shall submit a progress report
to the Superintendent, including, as a minimum, whether or not the
user complied with the increment of progress for that date and, if
not, the steps being taken to return to schedule.
(9)
Products produced, including type, amount, process and rate of production.
(10)
Type and amount of raw materials processed and/or stored by
the user.
(11)
Number and type of employees on each shift, the hours for each
shift and hours of plant and pretreatment operations.
(12)
Any additional information deemed necessary to evaluate permit
conditions.
B.
Permit modifications. Within nine months of the promulgation of a national categorical pretreatment standard, the wastewater contribution permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to a national categorical pretreatment standard, has not previously submitted an application for a wastewater contribution permit as required by Subsection A of this section, the user shall apply for a wastewater contribution permit within 180 days after the promulgation of the applicable categorical pretreatment standard. In addition, the user with an existing wastewater contribution permit shall submit to the Director of Operations for Water and Sewer Departments, within 180 days after the promulgation of an applicable categorical pretreatment standard, the information required by Subsection A(7) and (8) of this section.
C.
Permit conditions. Wastewater contribution permits issued by the
City may contain the following conditions and fees:
(1)
Unit charges and fees for the discharge of wastewater to the sewage
system.
(2)
Limits on the average and maximum rate and time of discharge or requirements
for flow regulations and equalization.
(3)
Requirements for the installation and maintenance of monitoring and
inspection facilities.
(4)
Specifications for monitoring programs, including amount of sampling,
location, types and standards for tests and reporting schedule.
(5)
Requirements for submission of technical reports and/or discharge
reports.
(6)
Compliance scheduling.
(7)
Requirements for keeping wastewater records.
(8)
Requirements for notification of change in type of process, volume
of wastewater introduced or character of the wastewater constituents.
(9)
Requirements for notification of slug discharges.
(10)
Any other requirements deemed appropriate by the City to ensure
compliance with this chapter.
D.
Permit duration. Permits shall be issued for a time period not to
exceed five years. The user shall reapply for a permit at a minimum
of 180 days prior to the expiration of the user's existing permit.
The permit is subject to modifications, and the user will be notified
in writing at least 30 days prior to any changes in the permit. A
reasonable time schedule for compliance will be allowed for any changes
or new conditions in the user's permit.
E.
Transfer of permit. Any wastewater permit issued by the City shall
not be transferred or sold to a new owner, new user or new or changed
operation.
F.
Permit reporting requirements.
(1)
Within 90 days following the date for final compliance with applicable
pretreatment standards or, in the case of a new source, following
commencement of the introduction of wastewater into the POTW, any
user subject to pretreatment standards and requirements shall submit
to the Director of Operations for Water and Sewer Departments a report
indicating the nature and concentration of all pollutants in the discharge
from the regulated process which are limited by pretreatment standards
and requirements and the average and maximum daily flow for these
process units in the user facility which are limited by such pretreatment
standards or requirements. The report shall state whether the pretreatment
standards are consistently being met and, if not, what additional
pretreatment is necessary for the user to be in compliance. The report
shall be signed by an authorized representative of the industry and
will be professionally certified.
(2)
Any user subject to a pretreatment standard shall submit to the Director
of Operations for Water and Sewer Departments, in the months of June
and December, a report indicating the nature and concentration of
pollutants that are limited by such pretreatment standards, as well
as a record of daily flows during the reporting period. The Director
of Operations for Water and Sewer Departments shall be able to alter
the months that the monitoring reports are due, require more frequent
testing to occur, require a mass limitation on users which are known
or are suspected of diluting samples and require any additional information
necessary to ensure compliance by all industrial users. All analysis
submitted by users shall be performed following the regulations set
forth in Section 304(g) of the Act and contained in 40 CFR 136 and
amendments thereto or with any other test procedures approved by the
Superintendent.
G.
Monitoring facilities.
(1)
Any user shall provide, at his expense, monitoring facilities for
the sampling, inspection and measurement of flow. These facilities
should be located on the user's premises but can be located nearby,
if a location is deemed physically or economically impractical, with
the permission of the Superintendent. Ample room shall be allowed
so that accurate samples can be taken. The facility shall meet all
City and local construction requirements and shall be completed within
90 days of written notification by the City.
(2)
Monitoring facilities shall be inspected by the City to ensure that
compliance is being met by the user. Persons or occupants of premises
where wastewater is created or discharged shall allow representatives
of the City, EPA, DEC and the Dutchess County Department of Health
ready access at all reasonable times to all parts of the premises
for the purposes of inspection, monitoring, sampling, examination
and/or copying of discharge records or in the performance of any of
their duties. Where a user has security measures that require proper
identification, the user shall make the necessary arrangements so
that, upon presentation of suitable identification, the City, Dutchess
County Department of Health, DEC or EPA will be permitted to enter,
without delay, for the purposes of performing their specific responsibilities.
H.
Pretreatment requirements.
(1)
Users shall provide the necessary treatment of wastewater according
to standards set forth in this chapter and shall comply with all SPDES,
NPDES and/or all categorical pretreatment standards. Any facility
that is required to pretreat wastewater shall be provided, operated
and maintained by the user. Detailed plans of the design of the pretreatment
facility shall be submitted to the City for review and shall be approved
by the City before construction of the facility begins.
(2)
The user will be responsible for producing effluent from pretreatment
that is acceptable under the provisions of this chapter. Any changes
in the pretreatment facilities or method of operation shall be reported
to the POTW and acceptable to the City prior to the initiation of
changes.
(3)
A list of the users violating any pretreatment requirements or standards
of the Beacon POTW shall be annually published in the Poughkeepsie
Journal newspaper. One violation by the users in the last year shall
be the minimum requirement for publishing. Civil and legal actions,
as well as corrective measures, shall also be included in the publication.
I.
Confidential information.
(1)
Any information provided by a user shall be made available for the
public unless the user specifically requests the information to be
confidential. The user shall demonstrate to the satisfaction of the
City that the information would divulge a trade secret or other confidential
practice that warrants protective measures.
(2)
Information deemed confidential shall not be made available to the
public but shall be available upon written request for governmental
agencies representing this chapter, NPDES and SPDES pretreatment programs
and/or for judicial matters. The user shall be given 10 days'
written notification before any confidential information is released
to governmental agencies. Wastewater constituents and characteristics
will not be considered confidential information.
A.
Emergency powers. Any discharge which presents or may present an
imminent or substantial endangerment to the health or welfare of persons,
in the opinion of the City, shall be immediately halted, using whatever
steps are deemed necessary.
B.
Harmful discharges.
(1)
Any user that discharges materials which are or may be harmful to
the environment, causes interference with the operations of the POTW
or causes the City to violate any NPDES or SPDES permit conditions,
in the opinion of the City, may have his wastewater treatment service
and/ or his wastewater contribution permit suspended.
(2)
Any person notified of a suspension of the wastewater treatment service
and/or wastewater contribution permit shall immediately stop or eliminate
the contribution. Failure to voluntarily comply with the suspension
shall result in action taken by the City, as deemed necessary, to
discontinue the contribution, including immediate severance of the
sewer connection. Service to the POTW will be reinstated when the
City determines that the discharges comply with all permit and pretreatment
requirements. A detailed written report describing the causes of the
harmful contribution and the steps taken to prevent any further occurrences
shall be submitted to the City within 15 days of the occurrence.
C.
Permit suspension. Any user that violates any of the following conditions
may have his permit revoked by the City:
(1)
Failure by the user to factually report the characteristics and constituents
of his discharge.
(2)
Failure by the user to notify the City of significant changes in
operations or discharge characteristics and constituents.
(3)
Denial by user of reasonable access to the user's premises for
inspection or monitoring purposes.
(4)
Permit condition violation(s).
(5)
Illegal discharge of roof drains, sump pump, or other sources of
stormwater and/or groundwater into the sanitary sewer.
D.
City notification. Any user found to be in violation of this chapter,
permit conditions or other federal, state or local standards may be
notified by the City by certified mail, indicating the nature of the
violation. The user shall then submit a plan for the correction of
the violation within 30 days of notification.
E.
Show-cause hearing.
(1)
The City shall have the right to order any user that has committed a violation, as defined in Subsection D of this section, to show cause before the City Council why the proposed enforcement action should not be taken. The user shall be notified by certified mail at least 10 days in advance and shall be notified about the location, date and time of the hearing.
(3)
Testimony at the hearing will be taken under oath and recorded stenographically.
Transcripts will be made available to the general public.
(4)
After the hearing, the City Council shall be able to issue orders
and directives that the user must follow. The City Council shall be
able to discontinue sewer service to the user unless the orders and
directives are followed.
F.
Legal action. The City Attorney shall have the right to initiate
legal action against any person who violates the provisions set forth
in this chapter and/or applicable federal, state and local standards.
A.
Any person who shall violate any provision of this chapter shall be liable to a penalty as provided in § 1-3, General penalty, except that the penalty shall be increased to an amount not exceeding $1,500 upon a second and subsequent convictions for a violation of this chapter. Each day that any violation of these regulations continues and each day that any person continues to discharge prohibited wastes or substances into any public sewer shall be deemed to be a separate offense for the purpose of applying the penalty provided in this section.
B.
Any person who knowingly makes false statements, representations or certifications of any document required to be maintained pursuant to this chapter or tampers with or renders inaccurate any monitoring device or method shall be, upon conviction, subject to a penalty as provided in § 1-3, General penalty.
C.
If a violation of this chapter is found, the City may require any
house, building or property to be reinspected yearly for up to three
years.
A.
In addition to any other fees or charges provided by the law, the
owner of any parcel of real property served by the sewer system, including
but not limited to real property connected with the sewer system by
means of a private sewer or drain emptying into the sewer system,
shall pay a sewer rent. Such rent is hereby fixed at an amount equal
to the percentage of the charge now made or hereafter made for water
supplied to any real property as fixed by the annual City budget.
B.
Upon the finding by the City Building Inspector, City Engineer or
their duly authorized designee of a violation of this chapter pertaining
to illegal connections or discharges into the sanitary sewer in a
manner that causes inflow or infiltration and upon the failure of
the owner to make the necessary corrections within 30 days after written
notice of such violation from the City, the house, building or property
shall be assessed a one-time surcharge in an amount not to exceed
five times the house, building or property's average quarterly
sewer bill over the preceding 12 months.
C.
A surcharge of $100 per month shall be added to every sewer bill to property owners who have been notified by the City of an illegal connection or discharge into the sanitary sewer and have not made necessary corrections within 30 days after notice by the City or obtained a waiver pursuant to § 179-6C. The surcharge shall be added every month thereafter until the property is brought into compliance as verified by the City Building Inspector, City Engineer or their duly authorized designee. For the purposes of this subsection, the surcharge shall be $200 per month for a repeat offender.
If any provision of this chapter, or the application thereof
to any person or circumstance, is held invalid, the remainder of this
chapter, and the application of such provision to other persons or
circumstances, shall not be affected thereby.
