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Village of Cedarhurst, NY
Nassau County
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Table of Contents
Table of Contents
This chapter shall be known and may be cited as the "Cedarhurst Sewer Law." It sets forth uniform requirements for direct and indirect contributors into the wastewater collection and treatment system for the Village of Cedarhurst and enables the Village to comply with all applicable state and federal laws required by the Clean Water Act of 1977 and the General Pretreatment Regulations (40 CFR, Part 403). This chapter provides for the regulation of direct and indirect contributors to the municipal wastewater system through the issuance of permits to certain domestic and nondomestic users and through enforcement of general requirements for the other users, authorizes monitoring and enforcement activities, requires user reporting, assumes that existing customers' capacity will not be preempted and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.
A. 
Abbreviations. The following abbreviations shall have the designated meanings:
ASTM
American Society for Testing and Materials
BOD
Biochemical oxygen demand
CFR
Code of Federal Regulations
COD
Chemical oxygen demand
EPA
United States Environmental Protection Agency
MG/L
Milligrams per liter
POTW
Publicly owned treatment works
SIC
Standard Industrial Classification
SPDES
State Pollutant Discharge Elimination System
SWDA
Solid Waste Disposal Act, 42 U.S.C. 6901 et seq.
USC
United State Code
TDS
Total dissolved solids
TSS
Total suspended solids
WPCF
Water Pollution Control Federation
B. 
Definitions. Unless the context specifically indicates otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated:
ACT OR THE ACT
The Federal Water Pollution Control Act, also known as the "Clean Water Act," as amended, 33 U.S.C. 1251, et seq.
ADMINISTRATOR
The regional administrator of the U.S. Enviromental Protection Agency, Region II.
APPROVAL AUTHORITY
The United States Environmental Protection Agency or the New York State Department of Environmental Conservation in the event that it is delegated approval authority responsibility.
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER
Either:
(1) 
A principal executive officer of at least the level of Vice President, if the industrial user is a corporation;
(2) 
A general partner or proprietor, if the industrial user is a partnership or proprietorship, respectively; or
(3) 
A duly authorized representative of the inidvidual designated above, if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates.
BIOCHEMICAL OXYGEN DEMAND OR BOD
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at 20° C. (68° F.) expressed in milligrams per liter (mg/l) as determined by the procedures described in "Standard Methods."
BUILDING DRAIN
That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the house connection or building sewer which begins five feet outside the inner face of the building wall.
BUILDING SEWER
A sewer, conveying wastewater from the premises of a user to the POTW.
CATEGORICAL STANDARDS
EPA's National Categorical Pretreatment Standards.
COMMISSIONER
The Commissioner of the Department of Public Works of the Village of Cedarhurst or his or her authorized deputy, agent or representive.
COMPOSITE
A combination of individual (or continuously taken) samples obtained at regular intervals over the entire discharge day. The volume of each sample is proportional to the discharge flow rate. For a continuous discharge, a minimum of 24 individual grab samples (at hourly intervals) shall be collected and combined to constitute a twenty-four-hour composite sample. For intermittent discharges of four- to eight-hours' duration, grab samples shall be taken at a maximum of thirty-minute intervals. For intermittent discharges of less than four-hour duration, grab samples shall be taken at a maximum of fifteen-minute intervals.
COOLING-WATER
The water discharged from any system of condensation air conditioning, cooling, refrigeration to which the only pollutant added is heat. It shall contain no polluting substances which would produce BOD or TSS in excess of 10 parts per million by weight or toxic substances as limited elsewhere herein.
DIRECT DISCHARGE
The discharge of treated or untreated wastewater directly to the waters of the State of New York.
ENVIRONMENTAL PROTECTION AGENCY OR EPA
The United State Environmental Protection Agency or, where appropriate, the term may also be used as a designation for the administrator or other duly authorized official of said agency.
GARBAGE
Solid wastes from the domestic and commercial preparation, cooking and dispensing of food and from the handling, storage and sales of produce.
GENERAL PERMIT
An authorization for the connection as well as the discharge of sewage from private dwellings into the Village sewer system.
GRAB SAMPLE
A sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time.
HOLDING-TANK WASTE
Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.
INDIRECT DISCHARGE
The discharge or the introduction of nondomestic pollutants from any source regulated under Section 307(b) or (c) of the Act (33 U.S.C. 1317), into the publicly owned treatment works (POTW) as defined in this section (including holding-tank waste discharged into the system).
INDUSTRIAL USER
Any nonresidential user indentified in Division A, B, D, E or I of the Standard Industrial Classification Manual. It shall also include any user which dischages wastewater containing toxic or poisonous substances or any substance(s) which cause(s) interference in the wastewater facilities.
INDUSTRIAL WASTES
Any liquid, gaseous, solid or other waste substance or a combination thereof, resulting from any process of industry, manufacture, trade or business or from the development or recovery of any natural resources, as distinct from sanitary wastewater.
INTERFERENCE
The inhibition or disruption of the POTW treatment process or operations which is cause of or significantly contributes to a violation of any requirement of the Village's SPDES permit, including an increase in the magnitude or duration of a violation. The term includes prevention of sewage sludge use or disposal by the POTW in accordance with 405 of the Act, (33 U.S.C. 1345) or any criteria, guidelines or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act, the Resource Conservation and Recovery Act (RCRA) or more stringent state criteria (including those contained in any state sludge management plan prepared pursuant to Title IV of SWDA applicable to the method of disposal or use employed by the POTW.
MILLIGRAMS PER LITER (MG/L)
The units for expressing weight per unit volume and when multiplied by the factor 8.34, mg/l is equivalent to pounds per million gallons of water. For a water solution, mg/l is equivalent to parts per million (ppm) on a weight basis.
NATIONAL CATEGORICAL PRETREATMENT STANDARD OR PRETREATMENT STANDARD
Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. 1347) which applies to a specific category of industrial users.
NATURAL OUTLET
Any outlet, including storm sewers, into a watercourse, pond, ditch, lake or other body of surface water or groundwater.
NEW SOURCE
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.
NYSDEC
The New York State Department of Environmental Conservation or duly authorized official of said Department.
OBJECTIONABLE WASTE
Any waste as described in § 208-8 of this chapter.
PERSON
Any indivdual, 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.
PH
The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter or solution.
POLLUTANT
Any chemical wastes, biological materials, radioactive materials, heat, solid material or dissolved material discharged into water.
POLLUTION
The man-made or man-induced alteration of the chemical physical, biological and radiological integrity of water.
POTW TREATMENT PLANT
That portion of the POTW designed to provide treatment to wastewater.
PRETREATMENT OR TREATMENT
The reduction of the amount of pollutants, the emimination of pollutants or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a publicly owned treatment works (POTW) as defined in this subsection. The reduction or alteration can be obtained by physical, chemical or biological processes or process changes by other means, except as prohibited by 40 CFR 403.6(d).
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirements related to pretreatment, other than a National Pretreatment Standard imposed on an industrial user.
PRIVATE DWELLING
Any building used soley for residential purposes and containing fewer than five apartments.
PRIVATE SEWER
Any sewer privately owned and used by one or more properties.
PUBLICLY OWNED TREATMENT WORKS (POTW)
A treatment works as defined by Section 212 of the Act, (33 U.S.C. 1292) which is owned in this instance by the Village. This definition includes any sewers that convey wastewater to the POTW treatment plant, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purpose of this chapter, POTW shall also include any sewers that convey wastewater to the POTW from persons who are, by contract or agreement with the Village, users of the Village's POTW.
PUBLIC SEWER
A sewer in which all owners of abutting properties have equal rights and is controlled by a governmental agency.
SANITARY SEWER
A sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions, together with minor quantities of ground, stormwater and surface water that are not admitted intentionally.
SEWAGE
The usual water-carried wastes from toilets, water closets, urinals, bathtubs, shower baths, washbasins, laundry tubs, kitchen sinks and similar plumbing fixtures installed in a building and shall not include any other liquid or solid matter whatsoever.
SEWER
A pipe or conduit for carring sewage or wastewater.
SEWER SYSTEM
Collectively, all of the property involved in the operation of a sewer utility. It includes land, sewers and appurtenances, pumping station, treatment works and general property.
SIGNIFICANT INDUSTRIAL USER OR SIU
Any industrial user of the Village's wastewater disposal system who:
(1) 
Is subject to promulgated Categorical Pretreatment Standards;
(2) 
Is found having substantial impact, either singly or in combination with other contributing industries, on the operation of the treatment works;
(3) 
Is a manufacturing industry using, on an annual basis, more than 10,000 pounds or 1,000 gallons of raw material containing priority pollutions/substances of concern and discharging a measurable amount of those pollutants to the sewer system from the process using these pollutants; or
(4) 
Discharges more than 5% of the waste flow or load carried by the sewage treatment plant receiving the waste.
SLUG
Any discharge of water, sewage or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 miuntes more than five times the average twenty-four hour concentration or flows duing normal operation.
SPECIAL PERMIT
An authorization for the connection as well as the discharge of wastewater from all users other than private dwellings into the Village sewer system.
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of the President, Office of Management and Budget, 1972.
STANDARD METHODS
The examination and analytical procedures set forth in the latest edition, at the time of analysis, of Standard Methods for the Examination of Water and Wastewater as prepared, approved and published jointly by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation.
STATE
The State of New York.
STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM OR SPDES PERMIT
A permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342).
STORMWATER
Any flow occurring during or following any form of natural precipitation and resulting therefrom.
SUSPENDED SOLIDS
The total suspended matter that floats on the surface of or is suspended in water, wastewater or other liquids and which is removeable by laboratory filtering.
TOXIC POLLUTANT
Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the administrator of the Environmental Protection Agency under the provision of CWA 307(a).
USER
Any person who contributes, causes or permits the contribution of wastewater into the Village's POTW.
VILLAGE
The Village of Cedarhurst.
WASTEWATER
The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities and institutions, together with any groundwater, surface water and stormwater that may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW.
WATER POLLUTION CONTROL PLANT
An arrangement of devices and structures for the control of waterborne pollution.
C. 
"Shall" is mandatory; "may" is permissive.