This Part 1 sets forth requirements for users of the publicly owned treatment works of the Town of Amherst and enables the Town to comply with all applicable state and federal laws, including the Clean Water Act (United States Code, 33 U.S.C. § 1251 et seq.) and the General Pretreatment Regulations (Code of Federal Regulations, 40 CFR 403). It is further the explicit purpose of this Part 1 to achieve the following:
A.Â
To prevent the introduction of pollutants into the publicly owned
treatment works that will interfere with its operation.
B.Â
To prevent the introduction of pollutants into the publicly owned
treatment works that will pass through the publicly owned treatment
works inadequately treated, into receiving waters, or otherwise be
incompatible with the publicly owned treatment works.
C.Â
To protect publicly owned treatment works personnel who may be affected
by wastewater and sludge in the course of their employment and the
general public.
D.Â
To promote reuse and recycling of industrial wastewater and sludge
from the publicly owned treatment works.
E.Â
To establish fees for the equitable distribution of the cost of operation,
maintenance and improvement of the publicly owned treatment works.
F.Â
To enable the Town of Amherst to comply with its state pollutant
discharge elimination system permit conditions, sludge use and disposal
requirements and any other federal or state laws to which the publicly
owned treatment works is subject.
G.Â
To eliminate the discharge of unpolluted waters into the POTW.
A.Â
This Part 1 shall apply to all direct and indirect dischargers of
wastes into the facilities of the Town of Amherst, including those
users outside the Town who are by contract or agreement with the Town,
users of the Town's facilities. This Part 1 also authorizes the issuance
of wastewater discharge permits; provides for monitoring, compliance
and enforcement activities; establishes administrative review procedures;
requires user reporting; and provides for the setting of fees for
the equitable distribution of costs resulting from the program established
herein.
B.Â
The Town Engineer and the Commissioner of Building, as provided herein,
shall administer, implement and enforce the provisions of this Part
1. The Town Engineer shall supervise the operation of the POTW and
the pretreatment program.
The following abbreviations, when used in this Part 1, shall
have the designated meanings:
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BAD
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Bioaccumulative and Durable Substances
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BMP
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Best Management Practices
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BOD
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Biochemical oxygen demand
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CFR
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Code of Federal Regulations
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COD
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Chemical oxygen demand
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EPA
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United States Environmental Protection Agency
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FOG
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Fats, Oils and Grease
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GI
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Grease Interceptor
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GT
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Grease Trap
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GPD
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Gallons per day
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IU
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Industrial user
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mg/l
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Milligrams per liter
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NPDES
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National Pollutant Discharge Elimination System
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NYSDEC
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New York State Department of Environmental Conservation
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OS
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Oil Separator
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OSHA
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Occupational Safety and Health Administration
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POTW
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Publicly owned treatment works
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RCRA
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Resource Conservation and Recovery Act
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SIC
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Standard industrial classification
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SPDES
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State Pollutant Discharge Elimination System
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SSO
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Sanitary Sewer Overflow
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TSS
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Total suspended solids
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ug/1
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Micrograms per liter
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U.S.C.
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United States Code
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Unless the context specifically indicates otherwise, the meanings
of terms used in this Part 1 shall be as follows:
Sewage which, when analyzed, shows, by concentration, a daily
average greater than the following, which may be acceptable into a
sanitary sewer under terms of this Part 1:
A fee established by the Town of Amherst and levied against
a user as a result of a violation(s) against provisions of this local
sewer use law. Administrative fees are used to compensate the Town
of Amherst for costs incurred for rectifying a situation which causes
a blockage or interference with the sewer system, as well as for any
additional inspection, follow-up, sampling, monitoring, lab analysis
and/or other administrative processing incurred as a result of the
noncompliance.
The Director of the State of New York Pretreatment Program
or the Administrator of the United States Environmental Protection
Agency (EPA).
If the user is a corporation:
The president, secretary, treasurer or a vice president of the
corporation in charge of a principal business function, or any other
person who performs similar policy or decision-making functions for
the corporation; or
The manager of one or more manufacturing, production or operation
facilities employing more than 250 persons or having gross annual
sales or expenditures exceeding $25,000,000 (in second-quarter 1980
dollars), if authority to sign documents has been assigned or delegated
to the manager in accordance with corporate procedures.
If the user is a partnership or sole proprietorship: a general
partner or proprietor, respectively.
If the user is a federal, state or local governmental facility:
a director or highest official appointed or designated to oversee
the operation and performance of the activities of the government
facility or his/her designee.
The individuals described in Subsections A through C above may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the Town.
Schedule of activities, prohibitions of practices, maintenance
procedures and other management practices to implement the prohibitions
listed in 40 CFR Section 403.5(a)(1) and (b). BMPs also include treatment
requirements, operating procedures and practices to control site runoff,
spillage or leaks, sludge or waste disposal, or drainage from raw
materials storage.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure for five days
at 20° C., expressed in milligrams per liter.
A building drain which conveys both sewage and stormwater.
A building sewer which conveys both sewage and stormwater.
The building storm sewer terminates at the public sewer.
That part of the lowest piping of a drainage system which
receives the discharge of soil, waste and other drainage pipes inside
the walls of the building and conveys such discharges to the building
sewer.
That part of the drainage system which extends from the end
of the building drain and conveys its discharges to a public sewer,
private sewer, individual sewage disposal system or other approved
point of disposal.
A building drain which conveys sewage but does not convey
stormwater.
A building sewer which conveys sewage but does not convey
stormwater. The building storm sewer terminates at the public sewer.
A building drain which conveys stormwater but does not convey
sewage.
A building sewer which conveys stormwater but does not convey
sewage. The building storm sewer terminates at the public sewer.
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with Sections 307(b) and (c) of the Act (33
U.S.C. § 1317) which apply to a specific category of users
and which appear in 40 CFR Chapter I, Subchapter N, Parts 405 through
471.
Private establishments such as restaurants, hotels, stores,
automotive service stations, laundromats or recreational facilities
and all other nonresidential occupancies. Private nonprofit entities
such as churches, schools, hospitals or charitable organizations are
considered to be commercial establishments.
The Commissioner of Building of the Town of Amherst or his
assigns.
A combination of individual grab samples of a waste stream
collected within a twenty-four-hour period. For all pollutants subject
to composite sampling requirements, twenty-four-hour flow proportional
composite samples shall be obtained when feasible. If twenty-four-hour
flow proportional composite samples are not feasible, the Town Engineer
may allow the collection of time proportional composite samples. In
no case may a composite sample be composed from fewer than four grab
samples. In all cases the individual grab samples must be adequately
spaced so as to ensure a sample that is representative of the user's
daily operations.
The standard list of materials, specifications and standard
details of construction as provided by the Town of Amherst Engineering
Department and approved by the Amherst Town Board.
A service area within or outside the boundaries of the Town
of Amherst which is tributary to the Amherst wastewater facilities.
Waste and wastewater from humans or household operations
that are discharged to or otherwise enter a sewage treatment works.
The United States Environmental Protection Agency or, where
appropriate, the Regional Water Management Division Director or other
duly authorized official of said Agency.
Any source of discharge, the construction or operation of
which commenced prior to the publication by the EPA of proposed categorical
pretreatment standards, which will be applicable to such source if
the standard is thereafter promulgated in accordance with Section
307 of the Act.
Any substance such as vegetable or animal product that is
used in, or is a byproduct of, the cooking or food preparation process,
and that turns or may turn viscous or solidify with change in temperature
or other condition.
The quantity of wastewater or liquid over a specified period
of time.
Any device installed in the plumbing or sewer system for
the purpose of grinding food waste or food preparation by-products
for the purpose of disposing of it in the sewer system.
Solid wastes from the domestic and commercial preparation,
cooking and dispensing of food and from the handling, storage and
sale of produce.
A sample which is taken from a waste stream without regard
to the flow in the waste stream and over a period of time not to exceed
15 minutes.
A device, usually located underground and outside between
an establishment and the connection to the sewer system, designated
to collect, contain and remove food waste and grease from the process
waste stream while allowing the remaining wastewater to be discharged
to the collection system. To be effective, these devices must be cleaned,
maintained, and have FOG removed and disposed of in a proper manner
on regular intervals.
All subsurface water, that part which is in the zone of saturation.
The masculine gender shall include the feminine, and the
singular shall include the plural unless indicated otherwise.
The introduction of pollutants into the POTW from any nondomestic
source regulated under Section 307(b), (c) or (d) of the Clean Water
Act.
The solid and liquid wastes from industrial processes, as
distinct from domestic or sanitary wastewaters.
A financial charge levied on industrial users of the wastewater
system for the additional cost of treating abnormal strength wastewater.
Water entering the sewer system, including sewer system connections,
from the ground through such means as defective pipes, pipe joints,
connections or manholes.
Water entering a sewer system through a direct storm water/runoff
connection to the sanitary sewer, which may cause an almost immediate
increase in wastewater flows.
A discharge which, alone or in conjunction with a discharge
or discharges from other sources, inhibits or disrupts the POTW, its
treatment processes or operations or its sludge processes, use or
disposal and, therefore, is a cause of a violation of the Town's SPDES
permit or of the prevention of sewage sludge use or disposal in compliance
with any of the following statutory/regulatory provisions or permits
issued thereunder or any more stringent state or local regulations:
Section 405 of the Act; the Solid Waste Disposal Act, including Title
II, commonly referred to as the "Resource Conservation and Recovery
Act (RCRA)"; any state regulations contained in any state sludge management
plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act;
the Clean Air Act; the Toxic Substances Control Act; and the Marine
Protection, Research and Sanctuaries Act.
That receipt or form which is retained by the generator of
wastes for disposing recyclable wastes, hazardous wastes, or liquid
wastes as required by the Town of Amherst. For purposes related to
FOG control, manifest generally means, the receipt from disposal of
FOG waste from a grease interceptor.
Is permissive.
Any red-bag wastes, including but not limited to isolation
wastes, infectious agents, human blood and blood products, pathological
wastes, sharps, body parts, contaminated bedding, surgical wastes,
potentially contaminated laboratory wastes and dialysis wastes.
An outlet that is present in and produced by nature.
Any building, structure, facility or installation from which
there is (or may be) a discharge of pollutants, the construction of
which commenced after the publication of proposed pretreatment standards
under Section 307(c) of the Act, which will be applicable to such
source if such standards are thereafter promulgated in accordance
with that section, provided that:
The building, structure, facility or installation is constructed
at a site at which no other source is located; or
The building, structure, facility or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source; or
The production or wastewater-generating processes of the building,
structure, facility or installation are substantially independent
of an existing source at the same site. In determining whether these
are substantially independent, factors such as the extent to which
the new facility is integrated with the existing plant and the extent
to which the new facility is engaged in the same general type of activity
as the existing source should be considered.
Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of Subsection A(2) or (3) above but otherwise alters, replaces or adds to existing process or production equipment.
Construction of a new source, as defined herein, has commenced
if the owner or operator has:
Begun, or caused to begin, as part of a continuous on-site construction
program:
Any placement, assembly or installation of facilities or equipment;
or
Significant site preparation work, including clearing, excavation
or removal of existing buildings, structures or facilities, which
is necessary for the placement, assembly or installation of new source
facilities or equipment; or
Entered into a binding contractual obligation for the purchase
of facilities or equipment which are intended to be used in its operation
within a reasonable time. Options to purchase or contracts which can
be terminated or modified without substantial loss and contracts for
feasibility, engineering and design studies do not constitute a contractual
obligation under this subsection.
Water used for cooling which does not come into direct contact
with any raw material, intermediate product, waste product or finished
product.
The New York State Uniform Fire Prevention and Building Code.
A device, usually located underground and outside between
an establishment and the connection to the sewer system, designed
to collect, contain and remove waste oil from the process waste stream
while allowing the remaining wastewater to be discharged to the collection
system. To be effective, these devices must be cleaned, maintained
and have FOG removed and disposed of in a proper manner on regular
intervals.
A discharge which exits the POTW into waters of the United
States in quantities or concentrations which, alone or in conjunction
with a discharge or discharges from other sources, is a cause of a
violation of any requirement of the Town's SPDES permit, including
an increase in the magnitude or duration of a violation.
A person who has received a permit to discharge wastewater
into the Town of Amherst sewer system subject to requirements and
conditions established by the Town of Amherst.
Any individual, partnership, copartnership, firm, company,
corporation, association, joint-stock company, trust, estate, governmental
entity or any other legal entity or their legal representatives, agents
or assigns. This definition includes all federal, state and local
governmental entities.
The logarithm of the reciprocal of the concentration of hydrogen
ions in moles per liter of solution.
The reduction of the amount of pollutants, the elimination
of pollutants or the alteration of the nature of pollutant properties
in wastewater prior to, or in lieu of, introducing such pollutants
into the POTW. This reduction or alteration can be obtained by physical,
chemical or biological processes; by process changes; or by other
means, except by diluting the concentration of the pollutants unless
allowed by an applicable pretreatment standard.
An employee of the Town of Amherst who oversees the pretreatment
program.
Any substantive or procedural requirement related to pretreatment
imposed on a user, other than a pretreatment standard.
Prohibited discharge standards, categorical pretreatment
standards and local limits.
The wastes from preparation, cooking and dispensing of foods
that have been shredded to such a degree that all particles will be
carried freely under the flow conditions normally prevailing in public
sewers, with no particle greater than 1/2 inch in any dimension.
A treatment works, as defined by Section 212 of the Act (33
U.S.C. § 1292), which is owned by the Town. This definition
includes any devices or systems used in the collection, storage, treatment,
recycling and reclamation of sewage or industrial wastes of a liquid
nature and any conveyances which convey wastewater to a treatment
plant.
A sewer in which all owners of abutting properties have equal
rights and which the Town controls.
A natural watercourse or body of water into which treated
or untreated wastewater is discharged.
The recommended design, review and approval standards for
wastewater collection and treatment facilities, as published by the
Great Lakes Upper Mississippi River Board of State Sanitary Engineers.
A property type not commercial or industrial in classification
containing a single family, multi-family or apartment building.
A location approved by the Town Engineer or Pretreatment
Coordinator from which wastewater can be collected that is representative
in content and consistency of the entire flow of wastewater being
sampled.
A pipe or conduit which carries wastewater and to which stormwater,
surface water and groundwaters are not intentionally admitted.
An overflow of untreated wastewater from the sanitary sewer
system.
The contents of a septic tank, cesspool or other nonpublic
wastewater treatment facility which receives sanitary sewage or waste.
Any area contributing wastewater to the Town of Amherst wastewater
facilities.
Waste and wastewater from humans or household activities
that is discharged to or otherwise enters a POTW.
Waste and wastewater from a commercial or industrial process
that is discharged to or otherwise enters a sewage treatment POTW.
A pipe or conduit for carrying wastewater or drainage water.
Sewer Lateral (or Building Sewer) shall mean that part of
the generally horizontal piping of a drainage system which extends
from the end of the Building Drain and which receives the discharge
of the Building Drain and conveys it to a public sewer, private sewer,
individual sewer disposal system or other point of disposal. The Sewer
Lateral begins at the way or point of connection with the public sewer,
private sewer, individual sewer disposal system or other point of
disposal and terminates at the point of connection to the Building
Drain two feet outside the building wall.
Is mandatory.
A user subject to categorical pretreatment standards; or
A user that:
Discharges an average of 25,000 gpd or more of process wastewater
to the POTW (excluding sanitary, noncontact cooling and boiler blowdown
wastewater);
Contributes a process waste stream which makes up 5% or more
of the average dry weather hydraulic or organic capacity of the POTW
treatment plant; or
Is designated as such by the Town on the basis that it has a
reasonable potential for adversely affecting the POTW's operation
or for violating any pretreatment standard or requirement.
Upon a finding that a user meeting the criteria in Subsection B(2) has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the Town may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.
Any discharge of non-routine, episodic nature, including
but not limited to an accidental spill or non-customary batch discharge,
which has reasonable potential to cause Interference or Pass Through,
or in any other way violate the POTW's regulations, local limits or
permit conditions.
Any user who uses or stores substances that may inadvertently
be spilled into the Town of Amherst sewer system and which potentially
have an adverse impact on the sewer system and/or the Town's wastewater
facilities.
A permit issued by the State of New York to discharge directly
to surface water.
A pipe or conduit which carries storm and surface waters
and drainage, but excludes wastewater and industrial wastes, other
than unpolluted cooling waters.
Any flow occurring during or following any form of natural
precipitation, and resulting from such precipitation, including snowmelt.
Solids that either float on the surface of or are in suspension
in water, sewage or other liquids and such solids are removable by
laboratory filtration.
To interfere with or bring about an improper situation or
condition, which includes, without limitation, covering or concealing
a sanitary manhole cover, or any other practice which hinders access
to the same.
The Town of Amherst.
The Town Board of the Town of Amherst and shall include the
members of the Town Board acting in their capacities as Commissioners
of the sewer districts.
The Town Engineer of the Town of Amherst or his assigns.
Any pollutant or combination of pollutants listed as toxic
in any regulations promulgated by the Administrator of the Environmental
Protection Agency.
Shall include, but not be limited to, drainage from any catch
basin, lake, swamp, pond, swimming pool, outlet for surface runoff
or groundwater, which contain no wastes or wastewaters.
A source of indirect discharge.
Any liquid, solid or gaseous substance that might be discharged
or discarded into a public sewer.
Any person carrying or engaged in vehicular transport of
waste as part of or incidental to, any business for that purpose.
Plans or programs intended to reduce or eliminate discharges
to the sewer system or to conserve house water, including, but not
limited to, product substitutions, housekeeping practices, inventory
control, employee education, and other steps to minimize wastewater
produced.
A combination of the liquid and water-carried wastes from
residences, commercial buildings, institutions and industrial establishments,
together with such groundwater, surface water and stormwaters that
may be present.
The individual chemical, physical, bacteriological, and other
parameters, including volume and flow rate and such parameters that
serve to define, classify or measure quality and quantity of wastewater.
A permit to discharge industrial waste into any sanitary
sewer under jurisdiction of the Town or, in a contracted service area,
under the jurisdiction of the Town and the contracted service area.
The structures, equipment and processes that collect, transport
and treat domestic and industrial wastes and disposes of the waste
residuals.
An arrangement of devices and structures used for treating
wastewater, industrial waste and sludge.
A channel in which a flow of water occurs, either continuously
or intermittently.
