HomeMy WebLinkAbout1980 LL 07 - Use of Public Sewers, Drains & Penalties for Violations (Please Use this Form for Filing your Local Law With the Secretary of State)
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1W If........................................Ithaca
Town ..............................................................................
Local Law No. .........
.....7
.........................of the year�19 ......
A local law-REGULATING THE USE OF PUBLIC AND PRIVATE SEWERS AND DRAINS,
.....................................................I.......................................I........................_.... .............................................
PRIVATE WASTE WATER DISPOSAL, THE INSTALLATION IN CONNEC-
TIONS OF BUILDING SEWERS AND A DISCHARGE OF WATER AND
WASTES INTO THE PUBLIC SEWER SYSTEMS AND PROVIDING
PENALTIES FOR VIOLATIONS THEREOF.
Be it enacted by the Town Board ................................of the
................................................. Ithaca
Town
of ................................................................................................ as follows:
PREAMBLE
WHEREAS, the Federal Government has enacted and amended the Federal
Water Pollution Control Act, now known as the Federal Clean Water Act
(33 U.S.C. 1150 et s�!R) , andtheTown of.Ithaca desiretoenact a local
law in complianc-e--therewith, and
WHEREAS, the Town of Ithaca desires to assure that the use 'of the public
wastewater system operated by it will conform to the best sanitary engi-
neering practices, and
WHEREAS, the Town of Ithaca desires to regulate the use of the public
wastewater system operated by it,
NOW, THEREFORE, the Town Board of the Town of Ithaca enacts this local
law to be known as "The Town of Ithaca Sewer Use Law."
PART I
1. The provisions of the Town of Ithaca Sewer Use Ordinance, as passed
and adopted by the Town Board of the Town of Ithaca on August 11, 1969,
a copy of which is annexed hereto, are hereby incorporated into and
made a part of this local law as is more fully set forth herein. The
provisions of the said Sewer Use Ordinance incorporated herein, as the
same shall be amended hereinafter and from time to time, shall be known
as Part I of the Town of Ithaca Sewer Use Law.
2. The provisions of Part I of the Town of Ithaca Sewer Use Law shall
be amended as follows:
A. Article I of Part I of the Town of Ithaca Sewer Use Law shall
be amended as follows: Sections 2, 9, and 10 shall be renumbered
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Sections 2a, 9c, and 10a respectively. There shall be added to
Article I the following new Sections:
Section 2b. "Contamination" shall mean an impairment of
the quality of the waters of the state by waste to a degree
which creates a hazzard to the public health through poisoning
or through the spread of disease.
Section 9a. "Pretreatment" shall mean the reduction of the
amount of pollutant properties in wastewater to a less harmful
state prior to or in lieu of discharging or otherwise intro-
ducing such pollutants into a POTW. The reduction or alteration
can be obtained by physical, chemical, or biological processes,
process changes or by other means, except as prohibited by
40 CFR. 403.6 General Pretreatment Regulation for Existing
and New Sources of Pollution.
Section 9b. "Pollution" shall mean the man-made or man-
induced alteration of the chemical, physical biological and
and radiological integrity of water.
Section 10b. "Publicly Owned Treatment Works (POTtd)" is a
treatment works as defined by Section 212 of the Federal-
Clean Water Act (33 U.S.C. 1292) . This includes any sewers
that convey wastewater to the POTW but does not include
pipes, sewers, or other conveyances not connected to a
facility providing treatment.
Section 16. "Significant Industrial User" shall be a user
which consists of: (a) all industries subject to categorical
pretreatment standards (34 primary industries) ; (b) industries
having substantial impact, either singly or in combination
with other industries or on the operation of the treatment
works; (c) manufacturing industries using priority pollutants;
and (d) those industries discharging more than 25,000 gallons
per day of process waste.
B. Article IV Section 6 of Part I of the Town of Ithaca Sewer
Use Law shall be amended to read as follows:
Section 6. The size, slope, alignment, materials of con-
struction of a building sewer, and the methods to be used
in excavating, placing of the pipe and the connection thereof
to the public sewer, jointing, testing, and backfilling the
trench, shall all conform to the requirements of the building
and plumbing code or other applicable rules or regulations of
(a) the Town, and (b) those contained in Chapter 23 of the
Code of Ordinance of the City of Ithaca, New York, or other
applicable laws, rules and regulations of said City, as the
same may be from time to time amended as they apply to sewer
services, and (c) in addition, when the contracting munic-
ipality is the Village of Cayuga Heights or any other con-
tracting municipality, and additional requirements contained
in any duly adopted ordinance or law of said municipality.
C. Article IV of Part I of the Town of Ithaca Sewer Use Law is
'hereby amended to add a new Section 6(a) as follows:
Section 6(a) . The Connection of the building sewer into the
public sewer shall conform to the requirements of the building
and plumbing code or other applicable rules or regulations of
the Town or the procedures set forth in the appropriate spec-
ifications as ASTM and 14PCF Manual of Practice #9. All such
connections shall be watertight and verified by proper testing.
Any deviation from the prescribed procedures and materials
must be approved by the Sewer Superintendent before installation.
D. Article V of Part I of the Town of Ithaca Sewer Use Law shall
be amended to include a new Section 8 as follows:
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Section 8. All provisions of WPCF Manual of Practice No. 3,
Regulations of Sewer Use, 1975, Article V use of public sewers, and
updates thereof shall be considered a part of this Law.
E. Article VII of Part I of the Town: of Ithaca Sewer' Use Law
shall be amended by adding at the end thereof the following sentence:
NYSDEC and USEPA officials shall have the .same powers and
authority of inspection enjoyed by the Sewer Inspector, Town
Engineer, or other duly authorized employees or repre-
sentatives of the Town as pertains to commercial or industrial
discharges to the system.
PART II
1. The provisions of the "Rules, Regulations and Penalties of the
Board of Public Works of the City of Ithaca, New York," a copy of which
is annexed hereto, are incorporated into and made a part of this Law
as if more fully set forth herein. The provisions of the "Rules,
Regulations and Penalties of the Board of Public Works, City of Ithaca,
New York"; as the same shall be amended hereinafter and from time to
time, shall be known as Part II of the Town of Ithaca Sewer Use Law.
2. Part II of the Town of Ithaca Sewer Use Law is hereby amended as
follows:
A. Section III, Paragraph 33 (a) is hereby amended to read as
follows:
33(°a) . "Any liquidorvapor having a temperature higher than
150 fahrenheit (65 centigrade) or in such quantities. that
the temperature at the treatment works influent exceeds 104°
fahrenheit (40 centigrade) ."
PART III
1. The provisions of the Industrial Sewer Use Law, a copy of which is
annexed Hereto, are hereby incorporated into and made a part of this
Local Law as if more fully set forth herein. The provisions of the
Industrial Sewer Use Law, as the same shall be amended hereinafter and
from time to time, shall be called Part III of the Town of Ithaca
Sewer Use Law.
2. Part III of the Town of Ithaca Sewer Use Law is hereby amended as
follows:
A. Section II, Paragraph 2.2 is hereby amended to read as
follows:
2.2. Federal Categorical Pretreatment Standards
When pretreatment regulations are adopted by USEPA or, NYSDEC
for any industry, then that industry must immediately conform
to the USEPA or NYSDEC timetable for adherence to federal or
state pretreatment requirements and any other applicable re-
quirements promulgated by USEPA or NYSDEC in accordance with
Section 307 of the PL No. 95-217. Additionally, such industries
shall comply with any more stringent standards necessitated by
local conditions as determined by the Town.
The Town reserves the right to establish by ordinance more
stringent limitations or requirements on discharges to the
wastewater disposal system if necessary to comply with the
objectives of this law.
B. Section 2, Paragraph 2.7 is hereby amended to read as follows:
2.7. Excessive Discharge
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No user shall ever increase the use of process water- or, in
any way, attempt to dilute a discharge as a partial or complete
substitute for adequate treatment to achieve compliance with
the limitations contained in the Federal Categorical Pre-
treatment Standards, or in any other pollutant--specific
limitation developed by the Town or State unless authorized
by the State or Federal regulations. (Comment: Dilution
may be an acceptable means of complying with some of the
prohibitions set forth in Section 2.1, e.g. the pH prohibition.)
C. Section 2, Paragraph 2.8 is hereby amended to read as follows:
2.8. Accidential Discharges
Each user shall be provided protection from accidental dis-
charge or prohibited materials or other substances regulated
by this law. Facilities to prevent accidental discharge of
prohibited materials shall be provided and maintained at the
owner's or user's own cost and expense. Detailed plans
showing facilities and operating procedures to provide pro-
tection from accidental discharge of prohibited materials or
other wastes from significant contributing industries shall
be submitted to the Town for review and shall be acceptable
to the Town before construction of the facilities. All
existing users shall complete such a plan by January 1, 1983.
No user who commences contribution to the POTW after the
effective date of this local. 1aw shall be permitted to
introduce pollutants into the system until accidental dis-
charge procedures have been approved by the Town. Review
and approval of such plans and opdrating procedures shall
not relieve the industrial user from the responsibility to
modify the user's facility as necessary to meet the re-
quirements of this law. In the case of an accidental dis-
charge, it is the responsibility of the user to immediately
telephone and notify the POTW of the incident. The notifi-
cation shall include location of discharge, type of waste,
concentration and volume, and corrective actions,
Written Notice. This notification shall be followed, within
15 days of the date of occurrence, by a detailed written
statement describing the causes of the accidental discharge
and the measures being taken to prevent further occurrence.
Such notification will not relieve users of liability for any
expense, loss or damage to the sewer system, treatment plant
or treatment process, or for any fines imposed on the Town
under applicable state and federal regulations.
Notice to Employees: A notice shall be furnished and
permanently posted on the industrial user's bulletin board
advising employees whom to call in case of an accidental
discharge in violation of this law. Also, copies of this
law are to be made available to users' employees.
Waste Connections. Any direct or indirect connection or
entry point or persistant or deleterious waste to the
user's plumbing or drainage system should be eliminated.
Where such action is impractical or unreasonable, the user
shall approximately label such entry points to warrant
against discharge of such wastes in violation of this law.
D. Section 4, Paragraph 4.7 is hereby amended by adding a new
concluding paragraph thereto as follows:
The Town Engineer shall implement measures to insure the
confidentiality of information provided by an industrial
discharger pursuant to this law. In no event shall the
Town Engineer delegate this responsibility or disclose
any claimed confidential information to any person without
prior notice in writing to the owner and without providing
the owner with the opportunity to protect such confidential
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information, including the right to seek,judicial relief.
E. The first paragraph of Section 5, Paragraph 5.1 is amended.
to read as follows:
5.1. Harmful Contributions
The Town may suspend the wastewater treatment service and/or
a wastewater contribution permit when such suspension is
necessary, in the opinion of the Town, in order to stop an
action or threatened discharge which presents or may present
an imminent or substanital endangerment to the health or
welfare of persons, to the environment, causes interference
to the POTW or causes the Town to violate any condition of
its NYDES permit. The Town is also authorized to issue an
order to cease and desist and direct those persons not
complying with such prohibitions, limits, requirements or
provisions of the law or the wastewater discharge permit to:
a. comply forthwith; or
b. comply in accordance with a time schedule set forth.
by the Town; or
c. take'appropriate remedial or preventive action in
the event of a threatened violation.
F. Section 5, Paragraph 5.2 is hereby amended to add an
introductory sentence as follows:
The Town may revoke any wastewater discharge permit or
terminate or cause to be terminated wastewater service to
any premises if a violation of any provision of this law
is found to exist or if a discharge of wastewater causes
or threatens to cause a condition of contamination or
pollution as defined in this law.
G. Section 6, Paragraph 6.2 is hereby amended to read as
follows:
6.2. Falsifying Information
Any person who knowingly makes any false statements, .
representation, record, report, plan or other documentation
filed with the municipality, or who falsifies, tampers with,
or knowingly renders inaccurate any monitoring device or
method required under this law, shall be punished by a fine
of not more than $1,000 or by imprisonment for not more than
six (6) months, or by both.
PART IV
1. All local laws or ordinances or parts of ordinances in conflict
with the provisions of this local law are hereby repealed, however,
the provisions of such laws or ordinances which may have been in-
�orporated into this law shall survive as part of this law as
aforesaid.
2. The invalidity of any Section, clause, sentence, or provisions
of this law shall not affect the validity of any other part of this
law which can be given affect without such invalid part or parts.
3. This law shall become effective immediately.
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