Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows:
ABNORMAL-STRENGTH SEWAGE OR WASTEWATERSewage which, when analyzed, shows, by concentration, a daily average greater than the following; which may be acceptable into a sanitary sewer under terms of this chapter:
A. Biological oxygen demand (BOD5): 200 mg/l.
Total suspended solids (TSS): 250 mg/l.
Total phosphorous (P): 4.4 mg/l.
Total Kjeldahl nitrogen (TKN): 21.7 mg/l.
APPROVAL AUTHORITYThe Director of the State of New York Pretreatment Program or the Administrator of the United States Environmental Protection Agency (EPA).
AUTHORIZED REPRESENTATIVE OF THE USERA. If the user is a corporation:
(1) The president, secretary, treasurer or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or
The manager of one or more manufacturing, production or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000 (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.
If the user is a federal, state or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility or his/her designee.
The individuals described in Subsection
A through
C above may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the Village.
BEST MANAGEMENT PRACTICES (BMPs)Schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.
[Added 12-17-2007 by L.L. No. 5-2007]
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure for five days at 20° C., expressed in milligrams per liter.
BUILDING COMBINED SEWERA building sewer which conveys both sewage and stormwater. The building storm sewer terminates at the public sewer.
BUILDING (HOUSE) DRAINThat part of the lowest piping of a drainage system which receives the discharge of soil, waste and other drainage pipes inside the walls of the building and conveys such discharges to the building sewer.
BUILDING (HOUSE) SEWERThat part of the drainage system which extends from the end of the building drain and conveys its discharges to a public sewer, private sewer, individual sewage disposal system or other approved point of disposal.
BUILDING SANITARY SEWERA building sewer which conveys sewage but does not convey stormwater. The building storm sewer terminates at the public sewer.
BUILDING STORM DRAINA building drain which conveys stormwater, but does not convey sewage, to an access point or conduit that drains directly downstream without going through sanitary sewers or wastewater treatment.
[Amended 6-27-2016 by L.L. No. 5-2016]
A building sewer which conveys stormwater but does not convey sewage. The building storm sewer terminates at the public sewer.
CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARDAny regulation containing pollutant discharge limits promulgated by the EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. § 1317) which apply to a specific category of users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.
CLEAN WATER ACTThe Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.
[Added 12-17-2007 by L.L. No. 5-2007]
Private establishments such as restaurants, hotels, stores, automotive service stations, laundromats or recreational facilities and all other nonresidential occupancies. Private nonprofit entities such as churches, schools, hospitals or charitable organizations are considered to be "commercial establishments."
COMPOSITE SAMPLEA combination of individual grab samples of a wastestream collected within a twenty-four-hour period. For all pollutants subject to composite sampling requirements, twenty-four-hour flow proportional composite samples shall be obtained when feasible. If twenty-four-hour flow proportional composite samples are not feasible, the engineer of record may allow the collection of time proportional composite samples. In no case may a composite sample be composed from fewer than four grab samples. In all cases the individual grab samples must be adequately spaced so as to ensure a sample that is representative of the user's daily operations.
CONSTRUCTION ACTIVITYAny activity requiring authorization under the SPDES permit for stormwater discharges from construction activity, GP-02-01, as amended or revised, including construction projects resulting in land disturbance of one or more acres. Construction activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.
[Added 12-17-2007 by L.L. No. 5-2007]
The standard list of materials, specifications and standard details of construction as provided by the Village of Williamsville engineer of record and approved by the Village Board.
DISTRICTA service area within or outside the boundaries of the Village of Williamsville which is tributary to the Village's sanitary sewer facilities.
ENVIRONMENTAL PROTECTION AGENCY (EPA)The United States Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director or other duly authorized official of said agency.
EQUIVALENT DWELLING UNITA unit of measurement of sewer usage which is assumed to be equivalent to the usage of an average dwelling unit, based on water consumption and strength of sewage of a single dwelling unit, by which all users of the sanitary sewers may be measured. (See Table at §
81-71.)
Any source of discharge, the construction or operation of which commenced prior to the publication by the EPA of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act.
FLOW VOLUMEThe quantity of wastewater or liquid over a specified period of time.
GARBAGESolid wastes from the domestic and commercial preparation, cooking and dispensing of food and from the handling, storage and sale of produce.
GRAB SAMPLEA sample which is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed 15 minutes.
GROUNDWATERAll subsurface water, that part which is in the zone of saturation.
HAZARDOUS MATERIALSAny material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
[Added 12-17-2007 by L.L. No. 5-2007]
The masculine gender shall include the feminine, and the singular shall include the plural unless indicated otherwise.
ILLICIT CONNECTIONAny drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the MS4, including but not limited to:
[Added 12-17-2007 by L.L. No. 5-2007]
A. Any conveyance which allows any nonstormwater discharge, including treated or untreated sewage, process water containing pollutants, and wash water to enter the MS4 and any connection to the storm sewer system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency; or
Any drain or conveyance connected from a commercial or industrial land use to the MS4 which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.
ILLICIT DISCHARGEAny direct or indirect nonstormwater discharge to the MS4, except as exempted in §
81-81A of this article.
[Added 12-17-2007 by L.L. No. 5-2007]
The introduction of pollutants into the sanitary sewer facilities from any nondomestic source regulated under Section 307(b), (c) or (d) of the Clean Water Act.
INDUSTRIAL ACTIVITYActivities requiring the SPDES permit for discharges from industrial activities, GP-0-06-002, as amended or revised.
[Added 12-17-2007 by L.L. No. 5-2007]
The solid and liquid wastes from industrial processes, as distinct from domestic or sanitary wastewaters.
INDUSTRIAL WASTE SURCHARGEA financial charge levied on industrial users of the wastewater system for the additional cost of treating abnormal-strength wastewater.
INTERFERENCEA discharge which, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the sanitary sewer facilities, its treatment processes or operations or its sludge processes, use or disposal and, therefore, is a cause of a violation of any Village permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder or any more stringent state or local regulations: Section 405 of the Act; the Solid Waste Disposal Act, including Title II, commonly referred to as the "Resource Conservation and Recovery Act (RCRA);" any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research and Sanctuaries Act.
MEDICAL WASTEAny red-bag wastes, including but not limited to isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes.
MS4Municipal separate storm sewer system.
[Added 12-17-2007 by L.L. No. 5-2007]
A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm sewers):
[Added 12-17-2007 by L.L. No. 5-2007]
A. Owned or operated by the Village of Williamsville;
Designed or used for collecting or conveying stormwater;
Which is not a combined sewer; and
Which is not part of a publicly owned treatment works (POTW) as defined at 40 CFR 122.2.
NEW SOURCEA. 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:
(1) The building, structure, facility or installation is constructed at a site at which no other source is located; or
The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
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 integrated with the existing plant and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered.
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 A(2) or (3) above but otherwise alters, replaces or adds to existing process or production equipment.
Construction of a "new source," as defined herein, has commenced if the owner or operator has:
(1) Begun, or caused to begin, as part of a continuous on-site construction program:
(a) Any placement, assembly or installation of facilities or equipment; or
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
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.
NONCONTACT COOLING WATERWater used for cooling which does not come into direct contact with any raw material, intermediate product, waste product or finished product.
NONSTORMWATER DISCHARGEAny discharge to the MS4 that is not composed entirely of stormwater.
[Added 12-17-2007 by L.L. No. 5-2007]
The New York State Uniform Fire Prevention and Building Code.
PASS THROUGHA discharge which exits the sanitary sewer facilities into 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 any Village permit, including an increase in the magnitude or duration of a violation.
PERSONAny individual, partnership, copartnership, firm, company, corporation, association, joint-stock company, trust, estate, governmental entity or any other legal entity or their legal representatives, agents or assigns. This definition includes all federal, state and local governmental entities.
pHThe logarithm of the reciprocal of the concentration of hydrogen ions in moles per liter of solution.
POLLUTANTDredged spoil, filter backwash, solid waste, incinerator residue, treated or untreated sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, or industrial, municipal, agricultural waste or ballast discharged into water, any of which may cause or might reasonably be expected to cause pollution of the waters of the state in contravention of water quality standards.
[Added 12-17-2007 by L.L. No. 5-2007]
Any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.
[Added 12-17-2007 by L.L. No. 5-2007]
The reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the sanitary sewer facilities. This reduction or alteration can be obtained by physical, chemical or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.
PRETREATMENT REQUIREMENTSAny substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.
PROPERLY SHREDDED GARBAGEThe wastes from preparation, cooking and dispensing of foods that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half-inch in any dimension.
PUBLIC SEWERA sewer in which all owners of abutting properties have equal rights and which the Village controls.
RECEIVING WATERSA natural watercourse or body of water into which treated or untreated wastewater is discharged.
RECOMMENDED STANDARDS FOR SEWAGE WORKSThe recommended design, review and approval standards for wastewater collection and treatment facilities, as published by the Great Lakes - Upper Mississippi River Board of State Sanitary Engineers.
SANITARY SEWERA pipe or conduit which carries wastewater and to which storm, surface and ground waters are not intentionally admitted.
SANITARY SEWER FACILITIESA treatment works, as defined by Section 212 of the Act (33 U.S.C. § 1292), which is owned by the Village. This definition includes any devices or systems used in the collection, storage, treatment, recycling and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant.
SEPTAGEThe contents of a septic tank, cesspool or other nonpublic wastewater treatment facility which receives sanitary sewage or waste.
SERVICE AREAAny area contributing wastewater to the Village of Williamsville sanitary sewer facilities.
SEWERA pipe or conduit for carrying wastewater or drainage water.
SEWER DISTRICTA specific area of the Village, so designated by an action of the Village Board, in accordance with Village Law, created for the purpose of the collection, treatment, and disposal of sewage.
SIGNIFICANT INDUSTRIAL USERA. A user subject to categorical pretreatment standards; or
A user that:
(1) Discharges an average of 25,000 gpd or more of process wastewater to the sanitary sewer facilities (excluding sanitary, noncontact cooling and boiler blowdown wastewater);
Contributes a process wastestream which makes up 5% or more of the average dry-weather hydraulic or organic capacity of the sanitary sewer facilities treatment plant; or
Is designated as such by the Village on the basis that it has a reasonable potential for adversely affecting the sanitary sewer facilities operation or for violating any pretreatment standard or requirement.
Upon a finding that a user meeting the criteria in Subsection B(2) has no reasonable potential for adversely affecting the sanitary sewer facilities operation or for violating any pretreatment standard or requirement, the Village may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a "significant industrial user."
SLUGAny discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in §
81-6 of this chapter.
[Added 12-17-2007 by L.L. No. 5-2007]
A. DISCHARGE COMPLIANCE WITH WATER QUALITY STANDARDSThe condition that applies where the Village 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 Village must take all necessary actions to ensure future discharges do not cause or contribute to a violation of water quality standards.
LISTED WATERSTERS — The condition in the Village’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.
(1) The condition in the Village's MS4 permit where a TMDL, including requirements for control of stormwater discharges, has been approved by EPA for a water body or watershed into which the MS4 discharges.
The condition in the Village's MS4 permit that applies if a TMDL is approved in the future by EPA for any water body or watershed into which an MS4 discharges.
SPILL POTENTIAL USERAny user who uses or stores substances that may inadvertently be spilled into the Village of Williamsville sewer system and which potentially have an adverse impact on the sewer system and/or the Town of Amherst wastewater facilities.
STORM SEWERA pipe or conduit which carries storm and surface waters and drainage, but excludes wastewater and industrial wastes, other than unpolluted cooling waters.
STORMWATERAny flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.
STORMWATER MANAGEMENT OFFICER (SMO)An employee, municipal engineer or other public official(s) designated by the Board of Trustees to enforce Article
XVI. The SMO also accepts and reviews stormwater pollution prevention plans (SWPPPs), forwards the plans to such agency, committee, commission, employee, or board of the Village of Williamsville which may be reviewing any application for a construction activity requiring submission of a SWPPP, and inspects stormwater management practices. The Board of Trustees shall appoint such employee, municipal engineer, or other public official to act as SMO by resolution.
[Added 12-17-2007 by L.L. No. 5-2007]
Solids that either float on the surface of or are in suspension in water, sewage or other liquids and such solids are removable by laboratory filtration.
TAMPERTo interfere with or bring about an improper situation or condition, which includes, without limitation, covering or concealing a sanitary manhole cover, or any other practice which hinders access to the same.
303(d) LISTA list of all surface waters in the state for which beneficial uses of the water (drinking, recreation, aquatic habitat, and industrial use) are impaired by pollutants, prepared periodically by NYSDEC as required by § 303(d) of the Clean Water Act. The 303(d) listed waters are estuaries, lakes and streams that fall short of state surface water quality standards and are not expected to improve within the next two years.
[Added 12-17-2007 by L.L. No. 5-2007]
Total maximum daily load.
[Added 12-17-2007 by L.L. No. 5-2007]
The maximum amount of a pollutant to be allowed to be released into a water body so as not to impair uses of the water, allocated among the sources of that pollutant.
[Added 12-17-2007 by L.L. No. 5-2007]
Any pollutant or combination of pollutants listed as toxic in any regulations promulgated by the Administrator of the Environmental Protection Agency.
UNPOLLUTED DRAINAGEShall include but not be limited to, drainage from any catch basin, lake, swamp, pond, swimming pool, outlet for surface runoff or groundwater, which contain no wastes or wastewaters.
VILLAGEThe Village of Williamsville.
[Added 12-17-2007 by L.L. No. 5-2007]
The Village Board of the Village of Williamsville and shall include the members of the Village Board acting in their capacities as Commissioners of the sewer districts.
WASTEAny liquid, solid or gaseous substance that might be discharged or discarded into a public sewer.
WASTEWATERA combination of the liquid and water-carried wastes from residences, commercial buildings, institutions and industrial establishments, together with such groundwater, surface water and stormwaters that may be present.
WASTEWATER DISCHARGE PERMITA permit to discharge industrial waste into any sanitary sewer under jurisdiction of the Village or, in a contracted service area, under the jurisdiction of the Village and the contracted service area.
WASTEWATER FACILITIESThe structures, equipment and processes that collect, transport and treat domestic and industrial wastes and disposes of the waste residuals.
WATER CONTAINING POLLUTANTSWater that is not stormwater, is contaminated with pollutants and has been or will be discarded.
[Added 12-17-2007 by L.L. No. 5-2007]
A channel in which a flow of water occurs, either continuously or intermittently.