New York Codes, Rules and Regulations
Title 21 - Miscellaneous
Chapter LXXXII - Buffalo Sewer Authority
Part 10075 - Buffalo Sewer Authority Sewer Use Regulations
Section 10075.7 - Wastewater and stormwater discharge regulations
Universal Citation: 21 NY Comp Codes Rules and Regs ยง 10075.7
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Prohibited discharges.
No user shall discharge or cause to be discharged, either directly or indirectly to any public sewers, any substance or wastewater which could interfere with the operation or performance of the authority's facilities. These general prohibitions also apply to all non-domestic users of the authority's facilities whether or not the user is subject to national pretreatment standards or any other national, state or local pretreatment requirements. The following substances and wastewaters are specifically prohibited from discharge into the authority's facilities:
(1) Any liquids, solids or gases which by
reason of their nature or quantity are, or may be, sufficient either alone or
by interaction with other substances to cause fire or explosion or be injurious
in any other way to the POTW or to the operation of the POTW. At no time, shall
two successive days readings on an explosion hazard meter, at the point of
discharge into the system (or at any point in the system), be more than 10
percent nor any single reading be 20 percent or more of the lower explosive
limit (LEL) of the meter. Prohibited materials include, but are not limited to:
gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols,
ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides,
hydrides and sulfides and any other substances which the B.S.A., city, State or
EPA has notified the user is a fire hazard or a hazard to the system.
(2) Solid or viscous substances which may
cause obstruction to the flow in a sewer or other interference with the
operation of the wastewater treatment facilities such as, but not limited to:
grease, animal guts or tissues, 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, waste paper, 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 water or wastes having any corrosive property capable of causing damage or
hazard to structure, equipment of the sewer system, or personnel employed in
its operation.
(4) Any water or
wastes containing toxic pollutants in sufficient quantity, either singly or by
interaction with other pollutants, to injure or interfere with any wastewater
treatment process, constitute a hazard to humans or animals, create a toxic
effect in the receiving waters of the sewage treatment plant effluent, or to
exceed the limitation set forth in a categorical pretreatment standard. A toxic
pollutant shall include, but not be limited to, any pollutant identified
pursuant to section 307(a) of the Clean Water Act.
(5) Any water or wastes containing any
chemical or biological constituent or having physical characteristics which
could cause interference with any POTW wastewater treatment process.
(6) Any noxious or malodorous liquids, gases,
or solids which either singly or by interaction with other wastes are
sufficient to create a public nuisance or hazard to life or are sufficient to
prevent entry into the sewers for maintenance and repair.
(7) Any garbage containing particles greater
than one-half inch in any dimension. The installation and operation of any
garbage grinder equipped with a motor of three-fourths horse power (0.76 hp
metric) or greater shall be subject to the review and approval of the general
manager.
(8) Materials which exert
or cause discolorations, such as, but not limited to, dye waters and vegetable
tanning solution.
(9) In no case,
shall a substance discharged to the authority's facilities cause the authority
to be in noncompliance with sludge use or disposal criteria, guidelines or
regulations developed under section 405 of the Clean Water Act; any criteria,
guidelines, or regulations affecting sludge use or disposal developed pursuant
to Federal, State or local laws and regulations.
(10) Any substance which will cause the
authority to violate its N.P.D.E.S./S.P.D.E.S. permit or the receiving water
quality standards.
(11) Any
substance or wastewater which causes a hazard to human life or creates a public
nuisance.
(b) Discharge of stormwater.
(1) No
person shall cause or contribute to an illicit discharge, either directly or
indirectly, to any storm sewers. These general prohibitions also apply to all
industrial users of the authority's facilities whether or not the user is
subject to national pretreatment standards or any other national, State or
local pretreatment requirements. The following activities are exempt from the
requirements of this section:
(i) water line
flushing or other potable water sources, landscape irrigation or lawn watering,
existing diverted stream flows, rising groundwater, uncontaminated groundwater
infiltration into storm drains, uncontaminated pumped groundwater, foundation
or footing drains, crawl space of basement sump pumps, air conditioning
condensate, irrigation water, springs, water from individual residential car
washing, natural riparian habitat or wetland flows, dechlorinated swimming pool
discharges, residential street wash water, water from fire fighting activities,
and any other water source not containing pollutants, and unless the
N.Y.S.D.E.C. has determined such discharges to be substantial contributors of
pollutants;
(ii) discharges
approved in writing by the general manager to protect life or property from
imminent harm or damage, provided that, such approval shall not be construed to
constitute compliance with other applicable laws and requirements, and further
provided that such discharges may be permitted for a specified time period and
under such conditions as the general manager may deem appropriate to protect
such life and property while reasonably maintaining the purpose and intent of
this regulation; and
(iii) dye
testing in compliance with applicable State and local laws is an allowable
discharge, but requires a notification to the general manager prior to the time
of the test.
(2) The
above prohibition shall not apply to any discharge permitted under a SPDES
permit, waiver, or waste discharge order issued to the user and administered
under the authority of the N.Y.S.D.E.C., provided that the user is in full
compliance with all requirements of the permit, waiver, or order and other
applicable laws and regulations, and provided that written approval has been
granted for any discharge to the MS4.
(3) Except with the approval of the general
manager, or as otherwise provided in these regulations, no storm water
connection from any building or yard, nor any drain from any catch basin, lake,
swamp, pond, or swimming pool, nor any outlet for surface runoff, storm water
or ground water of any kind shall be connected to public sanitary sewer or to
any private sanitary sewer connected to any such public sanitary
sewer.
(4) Within any area served
by a sanitary sewer and a separate storm sewer, no storm water shall be allowed
to enter waste or vent pipes from any building. Within any such area no down
spout, roof leaders, gutters, other pipes, or drains such as channels which may
at any time carry storm water surface drainage derived from hydraulic pressure
or from well points, cooling water or lake water shall be connected with any
sanitary sewer, but must be connected to said storm sewer.
(5) Upon notification to a person that he is
engaged in activities that cause or contribute to violations of the B.S.A. or
city's MS4 SPDES permit authorization, that person shall take all reasonable
actions to correct such activities such that he no longer causes or contributes
to violations of the B.S.A. or city's MS4 SPDES permit authorization.
(6) No person shall engage in any activities
that cause or contribute to a violation of the authority's SPDES stormwater
discharge permit or the authority being subject to the following special
conditions:
(i) discharge compliance with
water quality standards. The condition that applies where the B.S.A. or the
city has been notified that the discharge of stormwater authorized under its
MS4 permit may have caused or has the reasonable potential to cause or
contribute to the violation of an applicable water quality standard. Under this
condition the B.S.A. or city must take all necessary actions to ensure future
discharges do not cause or contribute to a violation of water quality
standards;
(ii) 303(d) listed
waters. The condition in the B.S.A. or city's MS4 permit that applies where the
MS4 discharges to a 303(d) listed water. Under this condition the stormwater
management program must ensure no increase of the listed pollutant of concern
to the 303(d) listed water;
(iii)
total maximum daily load (TMDL) strategy. The condition in the B.S.A. or city's
MS4 permit where a TMDL including requirements for control of stormwater
discharges has been approved by E.P.A. for a waterbody or watershed into which
the MS4 discharges. If the discharge from the MS4 did not meet the TMDL
stormwater allocations prior to September 10, 2003, the B.S.A. or city was
required to modify its stormwater management program to ensure that reduction
of the pollutant of concern specified in the TMDL is achieved; and
(iv) the condition in the B.S.A. or city's
MS4 permit that applies if a TMDA is approved in the future by E.P.A. for any
waterbody or watershed into which an MS4 discharges. Under this condition the
B.S.A. or city must review the applicable TMDL to see if it includes
requirements for control of stormwater discharges. If an MS4 is not meeting the
TMDL stormwater allocations, the municipality must, within six months of the
TMDL's approval, modify its stormwater management program to ensure that
reduction of the pollutant of concern specified in the TMDL is
achieved.
(7) Upon
notification to a person that he or she is engaged in activities that cause or
contribute to violations of the authority's SPDES stormwater discharge permit
authorization, that person shall take all reasonable actions to correct such
activities such that he or she no longer causes or contributed to violations of
the authority's SPDES stormwater discharge permit authorization.
(c) Cooling water discharge.
The discharge of noncontact cooling water, uncontaminated contact cooling water or unpolluted process waters to a storm sewer or combined sewer without the approval of the general manager is prohibited.
(d) Limited discharges.
(1) No person shall
discharge or cause to be discharged into the public sewerage system any
substance or wastes which exceed the limits established below:
(i) Any water or wastes having a pH lower
than 5.0 or higher than 12.0.
(ii)
Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit
(150°F) (65°C), but in no case heat in such quantities that the temperature at
the B.S.A. treatment plant exceeds 104 degrees Fahrenheit (104°F) (40° C). If
in the opinion of the general manager, lower temperatures of such wastes could
harm either the sewers, sewage treatment process, or equipment, have an adverse
effect on the receiving stream, or could otherwise endanger life, health or
property, or constitute a nuisance, the general manager may prohibit such
discharges.
(iii) Any water or
waste containing substances which may precipitate, solidify or become viscous
at temperatures between 0°C (32°F) and 40°C (104°F).
(iv) Any waters or wastes exceeding the mass
discharge limits issued to any industrial user under the BPDES permit system.
These mass limits shall be issued in conformance with the methods presented in
the B.S.A. Mass Allocation Manual (see Appendix 52 of this Title). These mass
allocations may be amended from time to time as such amendment is deemed
necessary by the general manager to protect the B.S.A. sewage conveyance and
treatment facilities, human life or health. In addition, mass allocations for
other pollutants may be established when, in the opinion of the general
manager, such mass allocations are necessary to protect collection facilities
and treatment plant processes or equipment, to diminish or eliminate adverse
effects on the receiving stream quality, to protect life, health and property,
or to prevent nuisance conditions.
(v) Any radioactive wastes or isotopes of
such half-life or concentrations as may exceed limits established by applicable
Federal, State, or other public agencies having jurisdiction.
(vi) Quantities of flow, concentrations, or
both, which constitute a slug as defined herein.
(vii) Any water or wastes which contain oil
and grease/hydrocarbon (also referred to as total extractable petroleum
hydrocarbons) in excess of 100 mg/l as determined on the basis of a single
composite sample.
(viii) Any water
or wastes which contain total phenol in excess of 8 mg/l as determined on the
basis of a single composite sample.
(ix) Any discharge of water, sewage or waste
containing pollutant concentrations which exceed the following limits:
| POLLUTANT | Maximum Allowable Instantaneous Discharge Limits (MAID)* |
| Chloroform | 8.5 mg/l |
| 1,2,4 trichlorobenzene | 0.8 mg/l |
| Fluoranthene | 0.1 mg/l |
| Pyrene | 0.1 mg/l |
| Endosulfan | 1.6 mg/l |
| 4,42 - DDD | 0.68 mg/l |
| BHC | 1.9 mg/l |
| PCBs | 0.002 mg/l |
| Phenol (Total) | 20.0 mg/l |
| Selenium | 2.4 mg/l |
| Silver | 2.2 mg/l |
| Cadmium | 40.0 mg/l |
| Chromium, Total | 40.0 mg/l |
| Chromium, Hexavalent | 9.2 mg/l |
| Copper | 16.0 mg/l |
| Mercury | 7.0 mg/l |
| Nickel | 14.0 mg/l |
| Lead | 65.0 mg/l |
| Zinc | 25.0 mg/l |
| Cyanide, Total | 66.0 mg/l |
| Cyanide, Amenable | 6.2 mg/l |
* Compliance determined on the basis of a grab sample.
(2) For facilities with
multiple outfalls to the public sewer, the limits established above shall apply
to each individual outfall. The exceptions to this are mass limits and total
phenol. Mass discharge limits issued to any facility under the BPDES permit
system shall apply to the total discharge from all outfalls at that facility.
The phenol limit shall also apply to the composite of all discharges from a
facility.
(e) Notification of slug discharge.
The industrial user shall immediately telephone and notify the B.S.A. treatment plant in the event of any slug discharge. For facilities with multiple outfalls to the sewer, the slug restriction applies to each individual outfall. The 24-hour B.S.A. telephone number is (716) 883-1820 or, if busy, call (716) 853-2459.
(f) Discharge of abnormal (surchargeable) strength sewage.
No person shall discharge or cause to be discharged into the public sewerage system wastes having BOD5, TSS, or total phosphate concentrations in excess of 250 mg/l, 250 mg/l and 15.35 mg/l, respectively except and until the prior approval of the general manager determines the volume and character of such wastes to otherwise be in compliance with all pertinent Federal, State, and local regulations, all other provisions of these regulations, and not to cause overloading of the authority's facilities then approval for such discharge will be granted subject to payment of a surcharge determined as set forth in the B.S.A. Schedule of Sewer Rents and Other Charges (see Appendix 52 of this Title).
(g) Dilution of discharges.
(1) No industrial user
shall ever increase the use of process water or, in any other way, attempt to
dilute a discharge as a means for obtaining compliance with any prohibited or
limited discharge requirement of these regulations or any Federal or State
pretreatment requirement.
(2) The
authority may impose mass limitations on industrial users which are using
dilution to meet any requirement of these regulations or in other cases where
the imposition of mass limitations is appropriate.
(h) Federal categorical pretreatment standards.
As Federal categorical pretreatment standards are promulgated, the Federal standard, if more stringent than limitations imposed under these regulations, shall immediately supersede the limitations imposed under these regulations.
(i) Right of revision.
The Buffalo Sewer Authority recognizes that in some cases Federal and State pretreatment standards may not be sufficient to protect the operation of its treatment works, or make it unable to comply with the terms of its S.P.D.E.S. permit. In such cases, the Buffalo Sewer Authority reserves the right to impose more stringent pretreatment standards than those specified in the EPA regulations.
(j) Modification of Federal categorical pretreatment standards.
The B.S.A. may apply for modification of and subsequently may modify specific discharge limits in any Federal pretreatment standard, in accordance with procedures set forth in 40 CFR section 403.7: General Pretreatment Regulations for Existing and New Sources of Pollution.
(k) Accidental and spill discharges.
(1) In the case of an
accidental discharge, it is the responsibility of the user to immediately
telephone and notify the B.S.A. treatment plant of the incident. (The 24-hour
B.S.A. telephone No. is [716] 883-1820 or, if first number is busy, call [716]
853-2459). The notification shall include location of discharge, type of waste,
concentration and volume, and corrective actions being taken. Within five days
following an accidental discharge, the user shall submit to the general manager
a written report describing the cause of discharge and the measures which will
be taken by the user to prevent recurrence of the noncompliance.
(2) Notwithstanding other requirements of
these regulations, as soon as any person responsible for a building, facility
or operation, or responsible for emergency response for a building, facility or
operation has information of any known or suspected release of materials which
are resulting or may result in illicit discharges or pollutants discharging
into the MS4, that person shall take all necessary steps to ensure the
discovery, containment and cleanup of such release. In the event of such a
release of hazardous materials, emergency response agencies of the occurrence
via emergency dispatch services shall be notified immediately by the owner or
operator. In the event of a release of non-hazardous materials, the B.S.A.
shall be notified in person or by telephone or facsimile no later than the next
business day by the owner or operator. Notifications in person or by telephone
shall be confirmed by written notice addressed and mailed to the B.S.A. within
three business days of the telephone notice. If the discharge of prohibited
materials emanates from a commercial or industrial establishment, the owner or
operator of such establishment shall also retain an on-site written record of
the discharge and the actions taken to prevent its recurrence. Such records
shall be retained for a least three years.
(3) Compliance with this section of these
regulations shall not relieve the user of other liability or expense for damage
to the authority's facilities or other damage to person or property; nor shall
such notification relieve the user of any fines, civil penalties, or other
liability which may be imposed by this article or other applicable
law.
(l) Best management practices.
(1) Where the
general manager has identified illicit discharges or activities contaminating
stormwater, the B.S.A. may require implementation of best management practices
(BMPs) to control those illicit discharges and activities.
(2) The owner or operator of a commercial or
industrial establishment shall provide, at their own expense, reasonable
protection from accidental discharge of prohibited materials or other wastes
into the MS4 through the use of structural and non-structural BMPs.
(3) Any person responsible for a property or
premise, which is, or may be, the source of an illicit discharge or an activity
contaminating stormwater, may be required to implement, at such person's
expense, additional structural and non-structural BMPs to reduce or eliminate
the source of pollutant(s) to the MS 4.
(4) Compliance with all terms and conditions
of a valid SPDES permit authorizing the discharge of stormwater associated with
industrial activity, to the extent practicable, shall be deemed compliance with
the provisions of this section.
Footnotes
* Compliance determined on the basis of a grab sample.
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.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
