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Suffolk County, NY
 
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Table of Contents
Table of Contents
[Amended 5-14-1991 by L.L. No. 17-1991; 5-11-2004 by L.L. No. 12-2004]
A. 
As used in this chapter, the following terms shall have the meanings indicated:
ACT
The Federal Water Pollution Control Act, also known as the "Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.
ADMINISTRATIVE HEAD
The administrative head of any sewer district of the County of Suffolk as defined in the County Law.
ADMINISTRATOR
The administrative head of each and every County sewer district; or the head of the unit of County government, if any, charged with the construction and operation of other County-owned sewer facilities; or their agents, servants, employees, representatives or designees, as the case may be and as the sense of a particular clause demands.
APARTMENT
A dwelling unit that is attached by common walls, floors, ceilings, etc., to one or more additional dwelling units or attached to a part of a building also containing a nonresidential use and shall include condominiums.
BACKWATER VALVE
A device used in drainage systems which permits the drain to flow in only one direction thereby preventing sewage from flowing back into a building.
[Added 8-21-2012 by L.L. No. 53-2012]
BOD (denoting "BIOCHEMICAL OXYGEN DEMAND")
The quantity of oxygen utilized in biochemical procedure (degradation of organic matter) in five days at 20° C., expressed in milligrams per liter.
BUILDING DRAIN
That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other draining pipes inside the walls of the building and conveys it to the building sewer, beginning five feet outside the inner face of the building wall.
BUILDING SEWER
The extension from the building drain to the public sewer or other place of disposal.
BUSINESS
Engaging in making sewer connections for consideration of any kind.
CODE OF FEDERAL REGULATIONS (40 CFR)
Title 40 of the Code of Federal Regulations published in the U.S. government publication, the "Federal Register," which contains United States Government environmental regulations.
COLLECTION SYSTEM
A system of pipes normally found in streets into which the building sewer connects.
COMPATIBLE INDUSTRIAL WASTES
Liquid wastes from industry, commercial, trade or business processes, whether the same are from manufacturing or otherwise, as distinct from sewage, which contain no objectionable wastes and are amenable to adequate treatment and removal by the waste treatment processes existing at a sewage treatment plant.
COUNTY
The County of Suffolk or a County sewer district.
COUNTY SEWAGE WORKS
Any sewage works owned by the County or by a County sewer district.
DC
Discharge certification permit authorizing a commercial, institutional or an industrial user to discharge.
[Amended 8-21-2012 by L.L. No. 53-2012]
DISCHARGE
An effluent or substance, or the act of unloading or emitting an effluent or substance directly or indirectly into all or part of a sewage works, as the sense demands.
DISCONNECT PERMIT
An authorization that a connection to the County sewage works is no longer needed or required.
DISTRICT
Any County sewer district created under Article 5-A of the County Law, as amended.
DOMESTIC WASTE
Liquid waste of the kind and nature normally emanating from a household residence.
DWELLING or DWELLING UNIT
Any place where an individual or individuals reside.
EXISTING SOURCE
Any building, structure, facility or installation from which there is or may be the discharge of pollutants (objectionable, prohibited or limited wastes) which existed prior to the publication of proposed regulations prescribing a standard of performance under Section 306 of the Act which would be applicable to such source if such standard is thereafter promulgated in accordance with Section 306 of the Act.
FLOW EQUALIZATION
Shall have the meaning given to it by regulations of the Administrator.
GENERAL PERMIT
An authorization to connect or attach private dwellings into the County sewage works for the purpose of the discharge of such sewage.
HOUSE CONNECTION
Synonymous with "building connection "or "sewer stub" and shall mean the branch of pipe leading from the public sewer in the street toward the property line of the user.
INDIRECT DISCHARGE or DISCHARGE
The introduction of pollutants and objectionable, limited or prohibited wastes into a POTW from any nondomestic source or industrial user regulated under Section 307(b), (c), or (d) of the Act. Indirect discharges can be from commercial or industrial facilities whose wastes enter local sewers.
[Amended 8-21-2012 by L.L. No. 53-2012]
INDUSTRIAL USER or USER
A source of indirect discharge.
INDUSTRIAL WASTES
The liquid wastes from industrial, commercial, trade or business processes, whether the same are from manufacturing or otherwise and/or industrial users.
INSURANCE POLICY
Shall have the meaning assigned to it by the Insurance Law of the State of New York.
INTERFERENCE
A discharge which, alone or in conjunction with a discharge or discharges from other sources, both:
(1) 
Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and
(2) 
Therefore is a cause of a violation of any requirement of the POTW NPDES (SPDES) permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent state or local regulations): Section 405 of the Act, the Solid Waste Disposal Act (SWDA) [including Title II, more commonly referred to as the "Resource Recovery and Conservation Act (RCRA)," and including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA], the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act.
MUNICIPALITY
As defined in 40 CFR 122.2, a "municipality" means a city, town, borough, county, parish, district, association, or other public body created by or under state law and having jurisdiction over disposal of sewage, industrial wastes, or other wastes; or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under Section 208 of the Clean Water Act.
[Added 8-21-2012 by L.L. No. 53-2012]
MUNICIPAL LEACHATE
That liquid resulting from contact with or passage through a municipally owned solid waste landfill, bypass landfill or resource-recovery ashfill operated to applicable regulations which does not contain hazardous wastes or other materials which would characterize the liquid as an objectionable waste as defined in this article.
MUNICIPAL SATELLITE COLLECTION SYSTEM
A sewer that meets all of the following:
[Added 8-21-2012 by L.L. No. 53-2012]
(1) 
Is owned or operated by a "state" or "municipality" as defined in 40 CFR 122.2;
(2) 
Is used to convey municipal sewage or industrial waste to a POTW treatment plant that has a SPDES permit (or is required to apply for a permit);
(3) 
The owner or operator is not the owner or operator of the POTW treatment plant that has a SPDES permit.
NATIONAL PRETREATMENT STANDARDS
Any regulation containing pollutant discharge limits promulgated by the USEPA in accordance with Section 307(b) and (c) of the Act, which applies to industrial users. This term includes prohibitive discharge limits established pursuant to 40 CFR 403.5.
NATURAL OUTLET
Any watercourse, lake, pond, pitch or other body of surface water or groundwater, or cesspools, storm sewers or combined sewers which overflow into a watercourse, lake, pond, ditch or other body of surface water or groundwater.
[Amended 8-21-2012 by L.L. No. 53-2012]
NEW SOURCE
(1) 
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:
(a) 
The building, structure, facility or installation is constructed at a site at which no other source is located; or
(b) 
The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
(c) 
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 engaged in the same general type of activity as the existing source should be considered.
(2) 
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 (1)(b) or (c) of this definition but otherwise alters, replaces, or adds to existing process or production equipment.
(3) 
Construction of a new source as defined under this subsection has commenced if the owner or operator has:
(a) 
Begun, or caused to begin as part of continuous on-site construction program:
[1] 
Any placement, assembly, or installation of facilities or equipment; or
[2] 
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
(b) 
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.
NON-MUNICIPAL LEACHATE
The liquid resulting from contact with or passage through a private landfill that is operated pursuant to applicable regulations and which does not contain hazardous waste or other materials which would characterize the liquid as objectionable as defined in this article, but which is not defined as municipal leachate.
[Added 12-5-2017 by L.L. No. 2-2018]
OBJECTIONABLE, PROHIBITED or LIMITED WASTES
(1) 
Any waste which is or is deemed to be toxic to or incompatible with a treatment process or to receiving waters or is not amenable to treatment in County facilities or which causes the County sewage treatment plant [POTW treatment plant as defined in 40 CFR 403.3 (p)] to be in violation of its SPDES permit through interference, pass-through of, or impact on air or sludge quality from, any waste received at the POTW treatment plant.
[Amended 9-15-2011 by L.L. No. 49-2011; 8-21-2012 by L.L. No. 53-2012]
(2) 
Garbage, refuse, decayed wood, sawdust, shavings, bark, sand, lime, cinders, ashes, offal, oil, tar, dyestuffs, grit, abrasives, metal filings or trimmings and the like.
(3) 
Prohibited wastes as defined in 40 CFR 403.5(b):
(a) 
Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, waste streams with a closed-cup flashpoint of less than 140° F. or 60° C. using test methods specified in 40 CFR 261.21;
(b) 
Pollutants which will cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.0;
(c) 
Solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW resulting in interference;
(d) 
Any pollutant, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which will cause interference with the POTW;
(e) 
Heat in amounts which will inhibit biological activity in the POTW resulting in interference, but in no case heat in such quantities that the temperature at the POTW treatment plant exceeds 104° F. or 40° C.;
(f) 
Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass-through;
(g) 
Pollutants which result in the presence of toxic gases, vapors or fumes within the POTW in a quantity that may cause acute worker health and safety problems; and
(h) 
Any trucked or hauled pollutants, except at discharge points designated by the POTW.
(4) 
Any chemical, chemical compound or radioactive material which may pose a hazard or danger to County personnel or sewage works and any chemicals or chemical compound having the following nature or characteristics or having similar objectionable characteristics, such as alcohols, arsenic and arsenicals, cyanide, heavy metals and other metal finishing process wastes or wastewaters, acid pickling wastes, mercury and mercurials, silver and silver compounds, sulfanamides, toxic dyes (organic or mineral), zinc, all strong oxidizing agents such as chromates, compounds producing hydrogen sulfide, methane, or any other toxic, inflammable or explosive gases either upon acidification, alkalization, oxidation or reduction, strong reducing agents such as nitrites, sulfides, sulfites and the like, and inflammable or explosive liquids or solids.
(5) 
Any matter which contains viable pathogenic bacteria in quantities larger than normally encountered in raw domestic sewage, or any matter which can reasonably be expected to contain such viable pathogenic bacteria in such quantities.
(6) 
Industrial wastes containing solids which will precipitate greater than 300 parts per million upon acidification or alkalization or oxidation or reduction.
(7) 
Industrial wastes having a viscosity exceeding 1.10 poises (absolute viscosity) upon discharge or after acidification or alkalization.
(8) 
Industrial waste having a temperature upon discharge outside of the range of 32° F. to 150° F. In no case shall any discharge cause the influent temperature at the sewage treatment plant to exceed 104° F.
(9) 
Industrial waste having a color of an intensity in excess of 500 platinum-cobalt standard units, as determined under Part 2120B of the 21st Edition of Standard Method for the Examination of Water and Wastewater. In testing such intensity, samples shall be diluted with distilled water to bring the range within 10 units to 50 units and shall be judged on a basis of intensity or transmission of light rather than true color (platinum-cobalt standard).
[Amended 8-21-2012 by L.L. No. 53-2012]
(10) 
Industrial waste having chemical characteristics in excess of the following limits:
[Amended 8-21-2012 by L.L. No. 53-2012]
(a) 
Settleable solids (Imhoff cones test), one hour; in excess of 15 milliliters per liter maximum.
(b) 
Refer to §§ 740-25 and 740-40.
(11) 
Materials which exert or cause unusual volume of flow or concentration of wastes constituting slugs as defined herein.
(12) 
Any water or waste containing free-floating fats, wax, grease or oils in excess of 100 milligrams per liter or containing substances which may solidify or become viscous at temperatures between 32° F. and 150° F.
(13) 
Garbage or other solid material that has been shredded by a garbage disposal, food waste disposal, or other grinder mechanism.
[Amended 8-21-2012 by L.L. No. 53-2012]
(14) 
Any waste, including business, commercial or industrial wastes, which exceeds allowable discharge levels as promulgated by the United States Environmental Protection Agency pursuant to Section 307(b) and (c) of the Federal Water Pollution Control Act and amendments, entitled "Industrial Pretreatment Requirements," and such other liquids, substances or materials that may be enumerated by the Administrator to be objectionable or toxic in accordance with 40 CFR 403.5(a), (b) and (c).
(15) 
Any material defined by the Administrator to have toxic or otherwise deleterious effect upon or to be incompatible with the sewage works, processes, equipment, groundwaters or watercourses.
(16) 
Any material which creates or constitutes a public nuisance, including any noxious or malodorous liquids, gases, or solids, or other wastewater which, either singularly 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.
[Amended 8-21-2012 by L.L. No. 53-2012]
(17) 
Any waste which does not conform to 40 CFR 403.5(b), National Pretreatment Standards.
(18) 
Unused, unneeded, or expired medications and prescription drugs.
[Added 8-21-2012 by L.L. No. 53-2012]
(19) 
Municipal leachate or non-municipal leachate discharge to a County POTW either at the POTW scavenger pretreatment system or to the connecting sewers that has characteristics that are not amenable to treatment or that interfere with treatment efficiency or SPDES limitations.
[Added 12-5-2017 by L.L. No. 2-2018]
(20) 
Discharge of wastes directly to the sewers of the County POTW from temporary facilities, such as portable toilets, recreational vehicles, marine toilets and the like.
[Added 12-5-2017 by L.L. No. 2-2018]
ONE-YEAR DISCOVERY TERM
A surety bond, the terms of which shall include a provision that no lawsuit, action or claim shall be maintained on the bond unless commenced within a period of 12 months from the expiration date of said bond.
PARCEL
A plot of land as shown on the local tax map; a plot described in a deed of record, or in the County Clerk's office; or one or more lots on undeveloped filed maps.
PASS-THROUGH
A discharge which exits the POTW into the 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 NPDES (SPDES) permit (including an increase in the magnitude or duration of a violation).
PERSON
Any individual, partnership, firm, company, association, society, public or private corporation or group, institution or governmental entity.
pH
The logarithm of the reciprocal of the weight of hydrogen ions in moles per liter of solution.
POTW
Publicly owned treatment works.
[Added 8-21-2012 by L.L. No. 53-2012]
PRETREATMENT
Any treatment process or processes required to produce a discharge compatible with a County sewage works and which will conform to both qualitative and quantitative requirements of these rules and regulations and be fully defined as specified in 40 CFR 403.3(s), and "pretreatment requirement" shall be defined as any substantive or procedural pretreatment requirement, other than a National Pretreatment Standard applicable to all industrial users and as fully defined in 40 CFR 403.3(t).
[Amended 9-15-2011 by L.L. No. 49-2011]
PRIVATE DWELLING
Any detached building, trailer or mobile home used solely for residential purposes and containing not more than four apartments or dwelling units.
PRIVATE SEWAGE WORKS
Any non-County sewage works.
PRIVATE SEWER
Any sewer other than a public sewer.
PUBLIC SEWER
A sewer in which all the owners of abutting properties and others within a district or area have equal rights and which is controlled by the Administrator or any other public authority.
PUBLIC SEWER SYSTEM
Synonymous with "sewage works" and shall also mean "publicly owned treatment works (POTW)" in accordance with the definition as specified in 40 CFR 403.3.
RECEIVING WATERS
A watercourse, a natural outlet or groundwaters.
SANITARY SEWER
A sewer which carries sewage and to which stormwater, surface water and groundwaters are not intentionally admitted.
SCAVENGER WASTE PERMIT
The authorization to discharge scavenger wastes into the County sewage works.
SCAVENGER WASTES
The liquid and waste solids contained in subsurface sanitary sewage disposal systems and appurtenances, waste sludges generated at sewage treatment plants and other similar wastes, including non-municipal leachate or municipal leachate. This classification of waste would be discharged at the points designated by the POTW or pretreated to the characteristics and standards set forth in regulations established by the Administrator.
[Amended 12-5-2017 by L.L. No. 2-2018]
SEWAGE
Water-carried wastes from residences, institutions, businesses and commercial and industrial buildings and establishments, or a combination thereof, together with such groundwater, surface water and stormwater as may be inadvertently present. The admixture of sewage with industrial wastes or other wastes shall also be considered "sewage" within the meaning of this definition.
SEWAGE TREATMENT PLANT
Any arrangement of devices and structures used for treating sewage.
SEWAGE WORKS
All facilities and appurtenances for collecting, pumping, treating and disposing of sewage, and shall be synonymous with "public sewer system" and shall be synonymous with "publicly owned treatment works (POTW)."
SEWER
A pipe, conduit or pump for carrying sewage, and shall include interceptor, trunk and street lateral pipes and their related facilities and appurtenances.
SEWER CONNECTIONS
Synonymous with "house connections."
SIGNIFICANT INDUSTRIAL USER (SIU)
Any industrial or commercial discharger to County sewage works which meets the criteria specified in 40 CFR 403.3(t), which states: "(i) All industrial users subject to Categorical Pretreatment Standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N; and (ii) any other industrial user that: (a) discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater); (b) 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; (c) or is designated as such by the Control Authority on the basis that the industrial user has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement in accordance with 40 CFR 403.8(f)(6)."
[Amended 9-15-2011 by L.L. No. 49-2011]
SIGNIFICANT NONCOMPLIANCE (SNC)
Designates a condition of significant failure by an industrial user to meet applicable pretreatment requirements in accordance with the definition of SNC as described in 40 CFR 403.8(f)(vii) and described specifically as follows. For the purposes of this provision, an industrial user is in SNC if its violation meets one or more of the following criteria:
(1) 
Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all the measurements taken during a six-month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter.
(2) 
Technical review criteria (TRC) violations, defined here as those in which 33% or more of all the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the maximum limit or the average limit multiplied by the applicable TRC (TRC = 1.4 for BOO, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH).
(3) 
Any other violation of a pretreatment effluent limit (daily maximum or longer-term average) that the control authority (POTW) determines has caused, alone or in combination with other discharges, interference or pass-through (including endangering the health of POTW personnel or the general public).
(4) 
Any discharge of a pollutant that has caused imminent endangerment to human health, welfare, or the environment or has resulted in the POTW's exercise of its emergency authority under Paragraph (f)(1)(vi)(B) of 40 CFR 403.8 to halt or prevent such a discharge.
(5) 
Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance.
(6) 
Failure to provide, within 30 days after the due date, required reports such as baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports, and reports on compliance with a compliance schedule.
(7) 
Failure to accurately report noncompliance.
(8) 
Any other violation or group of violations which the control authority (POTW) determines will adversely affect the operation or implementation of the local pretreatment program.
SLUG
Any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill, a noncustomary batch discharge, or any discharge of water, sewage or industrial waste which, in concentration of any given constituent or in any quantity of flow, exceeds for any period of duration longer than 15 minutes more than five times the average twenty-four-hour concentration or flows during normal operation.
[Amended 8-21-2012 by L.L. No. 53-2012]
SP
Special building sewer connection permit.
SPDES PERMIT
The State Pollutant Discharge Elimination System permit issued by the New York State Department of Environmental Conservation pursuant to Tables 7 and 8 of Article 17 of the Environmental Conservation Law.
SPECIAL PERMIT
The authorization to connect or attach into County sewage works for the purposes of discharge of sewage in all instances other than those pertaining to General Permits and those pertaining to scavenger wastes or municipal leachate or non-municipal leachate which are trucked or hauled to the POTW scavenger pre-treatment facility.
[Amended 12-5-2017 by L.L. No. 2-2018]
STORM SEWER
A pipe or device which carries stormwater and surface water and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.
SUMP PUMP
A pump to remove water from a collection pit, in such places as a basement, from which a discharge to the sewer system is illegal.
[Added 8-21-2012 by L.L. No. 53-2012]
SURETY BOND
Shall have the meaning assigned to it by the Insurance Law of the State of New York.
SUSPENDED SOLIDS
Solids that either float on the surface of or are in suspension in water, sewage or other liquids and which are removable by laboratory filtering.
WATERCOURSE
A stream, river, creek, channel, harbor, bay or ocean of any kind in which a flow of water occurs, either continuously or intermittently.
B. 
The term "shall" is mandatory; "may" is permissive.