New York Codes, Rules and Regulations
Title 21 - Miscellaneous
Chapter LXXXII - Buffalo Sewer Authority
Part 10075 - Buffalo Sewer Authority Sewer Use Regulations
Section 10075.2 - General provisions

Universal Citation: 21 NY Comp Codes Rules and Regs ยง 10075.2

Current through Register Vol. 46, No. 39, September 25, 2024

(a) Purpose. The purpose of these regulations is to provide for the maximum possible beneficial public use of the Buffalo Sewer Authority facilities through regulation of sewer construction, sewer use, and industrial wastewater discharges. These regulations further provide for equitable distribution of the authority's costs, and to define procedures for complying with the requirements contained herein. These regulations also enable the authority to comply with all applicable State and Federal laws. In addition, it is the explicit purpose of this regulation to:

(1) protect the operation of the publicly owned treatment works;

(2) prevent inadequately treated pollutants from passing through such works;

(3) prevent the concentration of industrial pollutants in the treatment plant sludge to levels which might adversely impact on sludge disposal;

(4) prevent illicit connections and illicit discharges;

(5) comply with the requirements of the SPDES general permit for MS4 stormwater discharges; and

(6) comply with the requirements of the NPDES/SPDES permit issued to the B.S.A.

(b) Scope. These regulations shall be interpreted in accordance with the definitions set forth in section 10075.1 of this Part. The provisions of these regulations shall apply to all direct or indirect contributors of wastes discharged into the facilities of the authority and discharge of stormwater to the MS4. These regulations provide for approval of plans for sewer construction, the regulation of sewer construction in areas within the jurisdiction of the B.S.A., the regulation of the quantity and quality of wastes discharged by users and the degree of waste pretreatment required, the setting of waste discharge fees to provide for equitable distribution of costs, the issuance of permits for industrial wastewater discharge and of other miscellaneous permits, the requirement for user reporting, the authorization for monitoring and enforcement activities by the authority, and the levying of surcharges and the establishment of fines and other procedures in cases of violation of these regulations.

(c) Applicability. These regulations shall apply to all users within the City of Buffalo and those users outside the city who are by contract or agreements with the Buffalo Sewer Authority, users of the authority's facilities, and all premises and persons who discharge or otherwise use the MS4. In addition, these regulations shall apply to all water entering the MS4 generated on any developed and undeveloped land, unless exempted by the N.Y.S.D.E.C. or the B.S.A.

(d) Administration. Except as otherwise provided herein, the general manager of the Buffalo Sewer Authority shall administer, implement and enforce the provisions of these regulations. The general manager or the board of the Buffalo Sewer Authority may delegate any such duties to any Buffalo Sewer Authority employee. Until revoked, such person shall be an authorized representative or designee of the Buffalo Sewer Authority or the general manager with authority to perform such duties as delegated or assigned. All references to general manager herein shall include any person to whom such duty has been duly delegated or otherwise authorized. The provisions of these regulations shall be interpreted and applied in accordance with purposes set forth in subdivision (a) of this section and the definitions set forth in section 10075.1 of this Part, and in accordance with applicable laws, regulations, permits and orders of the State or Federal government. In the event of any ambiguity or conflict in these regulations or where application of these regulations would cause a violation of the B.S.A.'s S.P.D.E.S. permit, or cause harm to or interference with the publicly owned treatment works, or harm to persons or the environment, the general manager is authorized to interpret and/or apply these regulations in accordance with the purposes set forth in subdivision (a) of this section to resolve such ambiguity or conflict, or to avoid or mitigate such violation, harm or interference.

(e) Time limits. Any time limit provided in any written notice or in any provision of these regulations may be extended only by a written directive of the general manager.

(f) Approval of plans, issuance of BPDES permit and certification of final inspection.

(1) The general manager, may approve plans for collection and/or treatment facility construction, issue a BPDES permit or any other permit under these regulations only if the facility construction, sewer connection, MS4 connection, industrial wastewater discharge, stormwater discharge or other procedure conforms to the requirements of these regulations and other applicable codes, ordinances, laws or regulations.

(2) The approval of plans, waste pretreatment process or the issuance of a permit by the general manager, shall not relieve the person or user of his responsibility to maintain such facilities, including pretreatment facilities so that its discharge meets all effluent requirements contained in these regulations.

(3) The general manager reserves the right to inspect and to enter upon any premises, any vehicle or existing building, service sewer and/or drain, lateral or connection that discharges wastewater or stormwater directly or indirectly to the authority's facilities, or to inspect all work being constructed, construction activity, otherwise in progress or as may be completed, to determine compliance with these regulations.

(g) Effective date of regulations. These regulations will take effect upon filing with the New York Secretary of State.

(h) Superseding previous regulations. These regulations governing sewer construction, sewer use, stormwater discharges and industrial wastewater discharges shall supersede all previous regulations of the Buffalo Sewer Authority.

Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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