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.
ASTM
BOD
CFR
COD
EPA
MG/L
POTW
SIC
SPDES
SWDA
USC
TDS
TSS
WPCF
Abbreviations. The following abbreviations shall have
the designated meanings:
American Society for Testing and Materials
Biochemical oxygen demand
Code of Federal Regulations
Chemical oxygen demand
United States Environmental Protection Agency
Milligrams per liter
Publicly owned treatment works
Standard Industrial Classification
State Pollutant Discharge Elimination System
Solid Waste Disposal Act, 42 U.S.C. 6901 et seq.
United State Code
Total dissolved solids
Total suspended solids
Water Pollution Control Federation
B.
ACT OR THE ACT
ADMINISTRATOR
APPROVAL AUTHORITY
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER
(1)
(2)
(3)
BIOCHEMICAL OXYGEN DEMAND OR BOD
BUILDING DRAIN
BUILDING SEWER
CATEGORICAL STANDARDS
COMMISSIONER
COMPOSITE
COOLING-WATER
DIRECT DISCHARGE
ENVIRONMENTAL PROTECTION AGENCY OR EPA
GARBAGE
GENERAL PERMIT
GRAB SAMPLE
HOLDING-TANK WASTE
INDIRECT DISCHARGE
INDUSTRIAL USER
INDUSTRIAL WASTES
INTERFERENCE
MILLIGRAMS PER LITER (MG/L)
NATIONAL CATEGORICAL PRETREATMENT STANDARD OR PRETREATMENT STANDARD
NATURAL OUTLET
NEW SOURCE
NYSDEC
OBJECTIONABLE WASTE
PERSON
PH
POLLUTANT
POLLUTION
POTW TREATMENT PLANT
PRETREATMENT OR TREATMENT
PRETREATMENT REQUIREMENTS
PRIVATE DWELLING
PRIVATE SEWER
PUBLICLY OWNED TREATMENT WORKS (POTW)
PUBLIC SEWER
SANITARY SEWER
SEWAGE
SEWER
SEWER SYSTEM
SIGNIFICANT INDUSTRIAL USER OR SIU
(1)
(2)
(3)
(4)
SLUG
SPECIAL PERMIT
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
STANDARD METHODS
STATE
STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM OR SPDES PERMIT
STORMWATER
SUSPENDED SOLIDS
TOXIC POLLUTANT
USER
VILLAGE
WASTEWATER
WATER POLLUTION CONTROL PLANT
Definitions. Unless the context specifically indicates
otherwise, the following terms and phrases, as used in this chapter,
shall have the meanings hereinafter designated:
The Federal Water Pollution Control Act, also known as the
"Clean Water Act," as amended, 33 U.S.C. 1251, et seq.
The regional administrator of the U.S. Enviromental Protection
Agency, Region II.
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.
Either:
A principal executive officer of at least the
level of Vice President, if the industrial user is a corporation;
A general partner or proprietor, if the industrial
user is a partnership or proprietorship, respectively; or
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.
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."
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.
A sewer, conveying wastewater from the premises of a user
to the POTW.
EPA's National Categorical Pretreatment Standards.
The Commissioner of the Department of Public Works of the
Village of Cedarhurst or his or her authorized deputy, agent or representive.
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.
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.
The discharge of treated or untreated wastewater directly
to the waters of the State of New York.
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.
Solid wastes from the domestic and commercial preparation,
cooking and dispensing of food and from the handling, storage and
sales of produce.
An authorization for the connection as well as the discharge
of sewage from private dwellings into the Village sewer system.
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.
Any waste from holding tanks such as vessels, chemical toilets,
campers, trailers, septic tanks, and vacuum-pump tank trucks.
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).
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.
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.
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.
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.
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.
Any outlet, including storm sewers, into a watercourse, pond,
ditch, lake or other body of surface water or groundwater.
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.
The New York State Department of Environmental Conservation
or duly authorized official of said Department.
Any waste as described in § 208-8 of this chapter.
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.
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions expressed in grams per liter or solution.
Any chemical wastes, biological materials, radioactive materials,
heat, solid material or dissolved material discharged into water.
The man-made or man-induced alteration of the chemical physical,
biological and radiological integrity of water.
That portion of the POTW designed to provide treatment to
wastewater.
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).
Any substantive or procedural requirements related to pretreatment,
other than a National Pretreatment Standard imposed on an industrial
user.
Any building used soley for residential purposes and containing
fewer than five apartments.
Any sewer privately owned and used by one or more properties.
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.
A sewer in which all owners of abutting properties have equal
rights and is controlled by a governmental agency.
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.
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.
A pipe or conduit for carring sewage or wastewater.
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.
Any industrial user of the Village's wastewater disposal
system who:
Is subject to promulgated Categorical Pretreatment
Standards;
Is found having substantial impact, either singly
or in combination with other contributing industries, on the operation
of the treatment works;
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
Discharges more than 5% of the waste flow or
load carried by the sewage treatment plant receiving the waste.
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.
An authorization for the connection as well as the discharge
of wastewater from all users other than private dwellings into the
Village sewer system.
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.
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.
The State of New York.
A permit issued pursuant to Section 402 of the Act (33 U.S.C.
1342).
Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
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.
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).
Any person who contributes, causes or permits the contribution
of wastewater into the Village's POTW.
The Village of Cedarhurst.
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.
An arrangement of devices and structures for the control
of waterborne pollution.
C.
"Shall" is mandatory; "may" is permissive.