N.Y. Comp. Codes R. & Regs. tit. 21 § 1960.4

Current through Register Vol. 46, No. 50, December 11, 2024

Section 1960.4 - Use of POTW and MS4

(a) Except as set forth in subdivision (c) of this section, disposal of wastewater is prohibited to other than POTW.

(1) The disposal of sanitary wastewater and industrial wastewater is prohibited to other than the POTW from premises required to connect thereto under section 1960.3 of this Part, except that certain industrial wastes may be discharged after suitable treatment to the diversion sewer, storm sewers, or to watercourses, under provisions of the Clean Water Act, as amended, provided that a valid SPDES discharge permit for such discharge is in effect.

(2) Any person who erects, constructs or maintains a privy, cesspool or septic tank on any property accessible to the POTW shall be deemed and shall be declared to be erecting, constructing and maintaining a nuisance, which nuisance the water board is authorized to abate in the manner provided by law.

(3) The disposal of hauled wastes, including sanitary waste from septic tanks or portable toilets into the POTW shall be prohibited except as permitted in writing by the director and for a fee as established in section 1960.8 of this Part.

(4) Notwithstanding any of the provisions above, nothing herein contained shall prohibit a user to dispose of wastes by any other legally prescribed methods.

(b) POTW and MS4 limitations or prohibitions and limitations.

(1) No person shall discharge or allow to be discharged any sanitary or contaminated wastewater to the water board's MS4.

(2) No person shall discharge or allow to be discharged uncontaminated storm water runoff, uncontaminated surface runoff or uncontaminated cooling water to any sanitary sewer.

(3) No person shall allow excessive amounts of infiltration to any sanitary or combined sewer.

(4) No person shall discharge or allow to be discharged inflow to any sanitary sewer.

(5) Users for whom water board MS4 access is not presently provided or whose premises are not located within 100 feet of the diversion sewer or water courses suitable to receive uncontaminated cooling water, storm water runoff, or pretreated industrial wastewaters meeting the water board's SPDES discharge permit limits may, upon receiving written permission from the director, discharge such waters to the combined sewers. When the MS4 is constructed and made available by the water board to receive such waters, the yard piping shall be modified, within such time period as prescribed by the director, to separate these waters from industrial and/or sanitary wastewaters. Appropriate separate connections shall be made to the sanitary sewer and MS4. However, users located near watercourses or the diversion sewer into which such waters may be discharged shall modify as necessary their yard piping, within such time period as prescribed by the director, to discharge only industrial process wastewater and/or sanitary wastewater to the sanitary or combined sewer. Such users may discharge uncontaminated cooling water and such pretreated industrial wastewater to the watercourses, the diversion sewer or to the MS4. Such cooling waters and pretreated industrial wastewaters shall require individual SPDES discharge permits.

(6) Industrial plants or others taking water from any source other than the POTW for use in cooling or as process water or for any other purpose shall report such quantities and their ultimate disposal, whether to sanitary sewers, storm sewers, or diversion sewer, to the director in writing as requested.

(7) Any user, whether an SIU or not, discharging to the diversion sewer shall provide a continuously and immediately accessible control manhole suitable for inspection, observation, sampling, testing and measurement of discharge.

(c) The following discharges to the MS4 are acceptable unless NYSDEC or the water board has determined them to be substantial contributors of pollutants:

(1) water line flushing or other potable water sources, landscape irrigation or lawn watering, existing diverted stream flows, rising ground water, uncontaminated ground water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains, crawl space or 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. Such exempt discharges shall be made in accordance with an appropriate plan for reducing pollutants.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 1960.4