As used in this chapter, the following terms shall
have the meanings indicated:
ABNORMAL SEWAGE
Sewage whose concentration of one or more characteristics
of normal sewage exceeds the maximum concentrations of the characteristics
of normal sewage. See "normal sewage."
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., as may be amended.
ADMINISTRATOR
The Regional Administrator of the U. S. Environmental Protection
Agency (USEPA), Region 2.
AMMONIA
The result obtained, using an approved laboratory procedure,
to determine the quantity of ammonia in a sample, expressed as milligrams
of nitrogen per liter.
APPLICANT
That person who makes application for any permit. The applicant
may be an owner, new or old, or his agent.
APPROVAL AUTHORITY
The USEPA, or the New York State Department of Environmental
Conservation (NYSDEC), in the event that the NYSDEC is delegated approval
authority responsibility by the USEPA.
APPROVED LABORATORY PROCEDURE
The procedures defined as "standard methods" in this Article,
or other procedures approved by the Superintendent of Water Utilities,
for flow measurement or determination of the concentration of pollutants
or their surrogates in waters, wastewaters and/or sludges.
AUTHORIZED REPRESENTATIVE OF THE INDUSTRIAL USER
An authorized representative of the industrial user may be:
(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.
(3)
A duly authorized representative of the individual
designated above, if such representative is responsible for the overall
operation of the facilities from which the indirect discharge originates.
BENEFIT AREA OF THE POTW
The legally defined bounds of real property from which wastewater
may be discharged into the POTW. The bounds shall be established,
altered, changed, modified, reduced, enlarged, combined or consolidated
by action of the Ontario Town Board.
BIOCHEMICAL OXYGEN DEMAND (BOD)
The result obtained when using an approved laboratory procedure
to determine the quantity of oxygen utilized in the aerobic biochemical
oxidation of organic matter or in a sample, expressed in milligrams
per liter.
BUILDER
Any person who undertakes to construct a building or any
part of a building, either under contract or for resale.
BUILDING DRAIN
That part of the lowest horizontal piping of a building drainage
system which receives the discharge from soil, waste and other drainage
pipes inside the building walls and conveys it to the building lateral,
which begins five feet (1.5 meters) outside the inner face of the
building wall.
CHEMICAL OXYGEN DEMAND (COD)
The result obtained when using an approved laboratory procedure
to measure the oxygen requirement of that portion of matter, in a
sample, that is susceptible to oxidation, by a specific chemical oxidant,
expressed in milligrams per liter.
CHLORINE DEMAND
The result obtained when using an approved laboratory procedure
to determine the difference between the amount of chlorine added to
a sample and the amount of chlorine remaining in the sample at the
end of a specified contact time at room temperature, expressed in
milligrams per liter.
COLOR
The optical density at the visual wave length of maximum
absorption, relative to distilled water. One-hundred-percent-transmittance
is equivalent to zero optical density.
COMPOSITE SAMPLE
The sample resulting from the combination of individual samples
of wastewater taken at selected intervals for a specified time period.
The individual samples may have equal volumes or the individual volumes
may be proportioned to the flow at the time of sampling.
CONNECTION
Attachment of one user to a sewer. (See "extension.")
CONNECTION CHARGE (TAP FEE)
The one-time application fee for a connection of a building/street
lateral to the public sewer. The fee covers plan review, permit issuance
and street repair cost.
CONTROL AUTHORITY
The term shall refer to "approval authority" or to the Superintendent
of Water Utilities when the Town of Ontario has an approved pretreatment
program under the provisions of 40 CFR 403.11.
CONTROL MANHOLE
A manhole accessible to the control authority in or upstream
of the street lateral such that samples collected from the manhole
represent the discharge to the POTW.
CONVENTIONAL POLLUTANT
A pollutant that the POTW treatment plant was designed to
treat, defined in accordance with the Act.
COOLING WATER
The water discharged from any system of condensation, air
conditioning, refrigeration or other sources. It shall contain no
polluting substances which would produce COD or suspended solids in
excess of five milligrams per liter or toxic substances as limited
elsewhere in this chapter.
COUNTY
The county in which the Town of Ontario is located.
DEVELOPER
Any person who subdivides land for the purpose of constructing
or causing to be constructed buildings for which wastewater disposal
facilities are required.
DIRECT DISCHARGE
The discharge of treated or untreated wastewater directly
to the Waters of the State of New York. (For reference, see "indirect
discharge.")
DRY SEWERS
The sanitary sewer installed in anticipation of future connection
to a POTW but which is not used, in the meantime, for transport of
storm or sanitary sewage.
EASEMENT
An acquired legal right for the specific use of land owned
by others.
EFFLUENT
The liquid discharged from the POTW after removal of a percentage
of the combined waste material.
END OF PIPE
For the purpose of determining compliance with limitations prescribed by Article
IX, the control manhole, provided that the samples collected from the control manhole are representative of the discharge to the POTW.
EPA, USEPA, or UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
The agency of the federal government charged with the administration
and enforcement of federal environmental laws, rules and regulations.
Also may be used as a designation for the Administrator or other duly
authorized official of this Agency.
EXTENSION
Attachment of a sewer line, with more than one user, to an
existing sewer line.
FLOATABLE OIL
Oil, grease or fat in a physical state such that it will
separate by gravity from wastewater by treatment in a wastewater treatment
facility.
FLOW RATE
The quantity of liquid or waste that flows in a certain period
of time.
GARBAGE
The solid wastes from the preparation, cooking and dispensing
of food from the handling, storage and sale of produce and from the
packaging and canning of food.
GRAB SAMPLE
A single sample of wastewater representing the physical,
chemical and biological characteristics of the wastewater at a given
point and time.
ICS FORM
The form used by the NYSDEC to survey industries to perform
and update the ICS.
IMPROVED PROPERTY
Any property within the Town of Ontario upon which there
is erected a structure intended for continuous or periodic habitation,
occupancy or use by human beings or animals and from which structure
sanitary sewage and/or industrial wastes shall be or may be discharged.
INDIRECT DISCHARGE
The introduction of wastewater into a POTW for treatment
and ultimate discharge of the treated effluent to the state's waters.
(For reference, see "direct discharge.")
INDUSTRIAL
Meaning or pertaining to industry, manufacturing, commerce,
trade, business or institution and is distinguished from domestic
or residential.
INDUSTRIAL CHEMICAL SURVEY (ICS)
The survey of industries in New York State, initiated by
the NYSDEC, to determine chemical usage and storage by those industries.
INDUSTRIAL ESTABLISHMENT
Any room, group of rooms, building or other enclosure used
or intended for use in the operation of one business enterprise for
manufacturing, processing or assembling any product, commodity or
article or from which any process waste, as distinct from sanitary
sewage, shall be discharged.
INDUSTRIAL WASTES
The liquid or liquid-carried solid, liquid and/or gaseous
wastes from industrial manufacturing processes, trade, service, utility
or business, as distinct from sanitary sewage.
INFILTRATION
Water, other than wastewater, that enters a sewer system
(excluding building drains) from the ground through such means as
defective pipes, pipe joints, connections or manholes. "Infiltration"
does not include, and is distinguished from, inflow. "Infiltration"
is inadvertent, that is, not purposely designed or built into the
sewer or drain.
INFLOW
Water, other than wastewater, that enters a sewer system
(including building drains) from sources such as, but not limited
to, roof leaders, cellar drains, area drains, drains from springs
and swampy areas, manhole covers, cross connections between storm
sewers and sanitary sewers, catch basins, cooling towers, storm waters,
foundation drains, swimming pools, surface runoff, street wash waters
or drainage. "Inflow" does not include, and is distinguished from,
infiltration. "Inflow" is purposely designed and/or built into the
sewer or drain.
INTERFERENCE
A discharge which, alone or in conjunction with discharges
by other sources, inhibits or disrupts the POTW, its treatment processes
or operations or its sludge processes, use or disposal; and therefore,
is a cause of a violation of and requirement of the Town of Ontario
POTW's SPDES permit (including an increase in the magnitude or duration
of a violation) or of the prevention of sewage sludge use or disposal
by the POTW in accordance with the following statutory provisions
and regulations or permits issued thereunder (or more stringent state
or local regulations):
(1)
Section 405 of the Clean Water Act.
(4)
The Toxic Substance Control Act.
(5)
The Marine Protection Research and Sanctuaries
Act.
LATERAL, STREET
The sewer extension from the public sewer to the property
line.
NATIONAL CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with § 307 (B) and (C) of the Act
(22 U.S.C. 1347), which applies to a specific category of industrial
users. These standards apply at the end of the categorical process
("end of process").
NATURAL OUTLET
Any outlet, including storm sewers and combined sewer overflows,
to state's waters.
NEW OWNER
That individual or entity who purchased property within the
service area of the Town of Ontario after the effective date of this
chapter.
NEW SOURCE
Any source, the construction of which is commenced after
the publication of the proposed regulation prescribing a § 307
(C) (33 U.S.C. 1317) Categorical Pretreatment Standard which will
be applicable to such source if such standard is thereafter promulgated.
NEW USER
A discharger to the POTW who commences discharge after the
effective date of this chapter.
NUISANCE
The use or lack of use of the POTW in such a manner so as
to endanger life or health, give offense to the senses or obstruct
or otherwise interfere with the reasonable use or maintenance of the
POTW.
OIL and GREASE
The result obtained when using an approved laboratory procedure
to determine the quantity of fats, wax, grease and oil in a sample,
expressed in milligrams per liter.
OLD OWNER
That individual or entity who owns or owned a property within
the service area of the POTW, purchased prior to the effective date
of this chapter, or who inherited the property at any time and intends
to sell the property or has sold the property to a new owner, also
the agent of the "old owner."
OTHER WASTES
Garbage (shredded or unshredded), refuse, wood, egg shells,
coffee grounds, sawdust, shavings, bark, sand, lime, ashes and all
other discarded matter not normally present in sewage or industrial
wastes. Also, the discarded matter not normally present in sewage
or industrial waste.
PASS THROUGH
The discharge which exits the Town of Ontario POTW into waters
of the state in quantities which, alone or in conjunction with discharges
from other sources, is a cause of a violation of any requirement of
the POTW's SPDES permit (including an increase in the magnitude or
duration of a violation).
PERMIT
A temporary revocable written document allowing use of the
POTW for specified wastes over a limited period of time containing
sampling locations and reporting frequencies and requiring other actions
as authorized by this chapter.
PERSON
Any individual, public or private corporation, political
subdivision, federal, state or local agency or entity, association,
trust, estate or any other legal entity whatsoever.
pH
The logarithm (base 10) of the reciprocal of the weight of
hydrogen ions in gram moles per liter of solution. A "pH" value of
seven point zero (7.0), the pH scale midpoint, represents neutrality.
Values above seven point zero (7.0) represent alkaline conditions.
Values below seven point zero (7.0) represent acid conditions.
POLLUTANT
Any material placed into or onto the state's waters, lands
and/or airs which interferes with the beneficial use of that water,
land and/or air by any living thing at any time.
POLLUTION
The man-made or man-induced alteration of the chemical, physical,
biological and/or radiological integrity of the state's waters, lands
and/or airs resulting from the introduction of a pollutant into these
media.
POTW TREATMENT PLANT
That portion of the POTW designed to provide treatment to
wastewater and to treat sludge and residuals derived from such treatment.
PRETREATMENT (TREATMENT)
The reduction of the amount of pollutants, the elimination
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 POTW. The reduction
or alteration can be achieved by physical, chemical or biological
process, process changes or by other means, except as prohibited by
40 CFR, § 403.6 (D).
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirement related to pretreatment,
other than a National Pretreatment Standard imposed on an industrial
user.
PRIMARY APARTMENT
The living unit situate in one structure containing the greatest
number of habitable square feet of living area of all living units
contained therein.
PRIORITY POLLUTANTS
The most recently revised or updated list developed by the
EPA in accordance with the Act.
PROPERLY SHREDDED GARBAGE
The wastes from the preparation, cooking and dispensing of
food that have been shredded to such a degree that all particles will
be carried freely under the flow conditions normally prevailing in
public sewers and with no particle having a dimension greater than
one-half (1/2) inch in any dimension.
PUBLICLY OWNED TREATMENT WORKS (POTW)
A treatment works, as defined by § 212 of the Act,
(33 U.S.C 1292), which is owned, in this instance, by the Town of
Ontario. This definition includes any sewers and appurtenances that
transport wastewater to the POTW treatment plant, but does not include
pipes, sewers or other conveyances not connected directly or indirectly
to a facility providing treatment.
RECEIVING WATERS
A natural watercourse or body of water (usually waters of
the state) into which treated or untreated sewage is discharged.
ROOF DRAIN
A drain installed to receive water collecting on the surface
of a roof for disposal.
SEPTAGE
All liquids and solids in and removed from septic tanks,
holding tanks, cesspools or approved type of chemical toilets, including
but not limited to those serving private residences, commercial establishments,
institutions and industries. Also sludge from small sewage treatment
plants. "Septage" shall not have been contaminated with substances
of concern or priority pollutants.
SEPTIC TANK
A private domestic sewage treatment system consisting of
an underground tank (with suitable baffling) constructed in accordance
with any and/or all local and state requirements.
SEWAGE
A combination of the water-carried wastes from residences,
business buildings, institutions and industrial establishments, and
such ground, surface, and storm water as may be inadvertently present.
The admixture of "sewage," as defined above, with industrial wastes
and other wastes shall also be considered "sewage" within the meaning
of this definition.
SEWAGE, DOMESTIC (DOMESTIC WASTES)
Liquid wastes from the noncommercial preparation, cooking
and handling of food, liquid wastes containing human excrement and
similar matter from the sanitary conveniences in dwellings, commercial
buildings, industrial buildings and institutions, or liquid wastes
from clothes washing and/or floor/wall washing. Therefore, "domestic
sewage" includes both black water and grey water. (See "Sewage, Sanitary.")
SEWAGE, NORMAL
(1)
Sewage, industrial wastes or other wastes which
show, by analysis, the following characteristics:
(a)
B.O.D. (five-day): 2,090 pounds per million
gallons (250 milligrams per liter), or less.
(b)
SUSPENDED SOLIDS: 2,500 pounds per million gallons
(300 milligrams per liter), or less.
(c)
PHOSPHORUS: 125 pounds per million gallons (15
milligrams per liter), or less.
(d)
AMMONIA: 250 pounds per million gallons (30
milligrams per liter), or less.
(e)
TOTAL KJELDAHL NITROGEN: 417 pounds per million
(50 milligrams per liter), or less.
(f)
CHLORINE DEMAND: 209 pounds per million gallons
(25 milligrams per liter), or less.
(g)
CHEMICAL OXYGEN DEMAND: 2,920 pounds per million
gallons (350 milligrams per liter), or less.
(h)
OIL AND GREASE: 830 pounds per million gallons
(100 milligrams per liter), or less.
(2)
In spite of satisfying one or more of these
characteristics, if the sewage also contains substances of concern,
it may not be considered "normal sewage."
SEWAGE, SANITARY
Liquid wastes from the sanitary conveniences of dwellings
(including apartment houses and hotels), office buildings, factories
or institutions, and free from storm water, surface water, industrial
and other wastes. (See "Domestic Wastes.")
SEWER
A pipe or conduit for carrying or transporting sewage.
SEWER, BUILDING
The extension from the building drain to the public sewer
or other place of disposal. Also called "house connection" or "building
lateral."
SEWER, COMBINED
A sewer designed to receive and transport both surface runoff
and sewage.
SEWER, PUBLIC
A sewer in which all abutting property owners have equal
rights and the use of which is controlled by the Town of Ontario.
SEWER, SANITARY
A sewer which carries sewage and to which storm, surface,
and groundwaters are not intentionally admitted.
SEWER, STORM (STORM DRAIN)
A sewer which carries storm and surface waters and drainage,
but excludes sewage and industrial wastewaters other than cooling
waters and other unpolluted waters.
SEWERAGE SYSTEM (also POTW)
All facilities for collecting, regulating, pumping and transporting
wastewater to and away from the POTW treatment plant.
SEWERAGE SURCHARGE
The demand payment for the use of a public sewer and/or sewage
treatment plant for the handling of any sewage, industrial wastes
or other wastes accepted for admission thereto in which the characteristics
thereof exceed the maximum values of such characteristics in normal
sewage. (See "volume charge.")
SIGNIFICANT NONCOMPLIANCE (SNC)
A user is in "significant noncompliance" if its violation(s)
meet(s) one or more of the following criteria:
(1)
Chronic violations of wastewater discharge limits
defined here as those in 66% or more of all of the measurements taken
during a six-month period which exceed (by any magnitude) the daily
maximum limit or average limit for the same pollutant parameter.
(2)
Technical Review Criteria (TRC) violations defined
here as those in which 33% or more of all of the measurements for
each pollutant parameter taken during a six-month period which equal
or exceed the product of the daily maximum limits multiplied by the
applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil and grease; TRC
= 1.2 for all other pollutants).
(3)
Any other violation of a pretreatment effluent
limit (daily maximum or long-term average) that the Superintendent
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 to the environment or has resulted in the Superintendent's exercise of its emergency authority under Article
XI of this chapter.
(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 compliance schedules.
(7)
Failure to report accurately any noncompliance.
(8)
Any other violation which the Superintendent
determines will adversely affect the implementation or operation of
the local pretreatment program.
SLUG
A substantial deviation from normal rates of discharge or
constituent concentration (see "normal sewage") sufficient to cause
interference. In any event, a discharge which, in concentration of
any constituent or in quantity of flow, that exceeds, for any period
of duration longer than 15 minutes, more than five times the average
twenty-four-hour concentration or flow during normal user operations
shall constitute a "slug."
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
A classification pursuant to the Standard Industrial Classification
Manual issued by the Executive Office of the President, Office of
Management and Budget, 1972, and subsequent revisions.
STANDARD METHODS
Procedures contained in the latest edition of "Standard Methods
for the Examination of Water and Wastewater," published by the American
Public Health Association, procedures established by the Administrator,
pursuant to § 304 (G) of the Act and contained in 40 CFR,
Part 136, and amendments thereto, (if 40 CFR, Part 136 does not include
a sampling or analytical technique for the pollutant in question,
then procedures set forth in EPA publication, "Sampling and Analysis
Procedures for Screening of Industrial Effluents for Priority Pollutants",
April 1977, and amendments thereto, shall be used) any other procedure
approved by the Administrator or any other procedure approved by the
Superintendent, whichever is the most conservative.
STORMWATER
Any flow occurring during or following any form of natural
precipitation; also the flow resulting therefrom.
STREET
Includes any street, highway, road, lane, court, alley or
public square.
SUBSTANCES OF CONCERN
Those compounds which the New York State Department of Environmental
Conservation has determined may be harmful to man or the environment.
SUMP PUMP
A mechanism used for removing water from a sump or wet well.
SUPERINTENDENT OF WATER UTILITIES
That individual nominated by the Town Supervisor and confirmed
by the Town Board as the Superintendent of Water Utilities. Such an
individual qualified to oversee water treatment and distribution and
POTW operations and hold appropriate New York State Department of
Health certificate(s). This definition shall also include his authorized
deputy, agent or representative.
SUSPENDED SOLIDS
The result obtained, using an approved laboratory procedure,
to determine the dry weight of solids in a sample that either float
on the surface of or are in suspension or are settleable and can be
removed from the sample by filtration, expressed in milligrams per
liter.
TOTAL KJELDAHL NITROGEN (TKN)
The result obtained, using an approved laboratory procedure,
to determine the quantity of ammonia in a sample and released during
the acid digestion of organic nitrogen compounds, expressed as milligrams
of nitrogen per liter.
TOTAL PHOSPHORUS
The result obtained, using an approved laboratory procedure,
to determine the total quantity of orthophosphate in a sample of wastewater
following the hydrolysis of phosphorus compounds, expressed as milligrams
of phosphorus per liter of sample.
TOWN
The Town of Ontario, County of Wayne, State of New York,
a political subdivision, acting by and through its Town Board.
TOXIC SUBSTANCES
Any substance, whether gaseous, liquid or solid, that, when
discharged to a public sewer in sufficient quantities, may be hazardous
to POTW operation and maintenance personnel, tend to interfere with
any biological sewage treatment process or to constitute a hazard
to recreation in the receiving waters due to the effluent from a sewage
treatment plant or overflow point. Any pollutant or combination of
pollutants listed as toxic in regulations promulgated by the EPA under
provisions of Clean Water Act § 307 (A) or other Acts.
UNPOLLUTED WATER
Water of quality equal to or better than the effluent criteria
in effect or water that would not cause violation of receiving water
quality standards and would not be benefited by discharge to the sanitary
sewers and wastewater treatment facilities provided.
USER
Any person who contributes, causes or permits the contribution
of wastewater into the POTW.
USER, EXISTING
A discharger to the POTW who is discharging on or before
the effective date of this chapter.
USER, INDUSTRIAL
A discharger to the POTW who discharges nondomestic wastewaters.
USER, NEW
A discharger to the POTW who initiates discharge after the
effective date of this chapter.
USER, SIGNIFICANT INDUSTRIAL (SIU)
An industrial user of the Town of Ontario POTW who is:
(1)
Subject to National Categorical Pretreatment
Standards promulgated by the EPA.
(2)
Having substantial impact, either singly or
in combination with other industries, on the operation of the treatment
works.
(3)
Using, on an annual basis, more than 10,000
pounds or 1,000 gallons of raw material containing priority pollutants
and/or substances of concern and discharging a measurable quantity
of these pollutants to the sewer system.
(4)
Discharging more than 5% of the flow or load
of conventional pollutants received by the POTW treatment plant.
|
NOTE: A user discharging a measurable quantity
of a pollutant may be classified as nonsignificant if, at the influent
to the POTW treatment plant, the pollutant is not detectable.
|
VOLUME CHARGE (USER CHARGE)
The demand sewer use charge which is based, in part or wholly, on the volume of normal sewage discharged into the POTW (there may be surcharges, as provided for in Article
XII). The "volume charge" shall be based on a specific cost per 100 cubic feet or per 1,000 gallons. The specific charge shall be subject to approval by the Town of Ontario Town Board and published in a fee schedule. The moneys so obtained shall be used for current operation and maintenance for retirement of bonded indebtedness and for funding of capital projects of the POTW. The basis of volume charge calculations shall be made available to the public, on demand, as provided in Article
XIII. The volume charge shall be recalculated annually as well as the surcharge rates.
WASTEWATER
The liquid and water-carried industrial or domestic wastewaters
from dwellings, commercial establishments, industrial facilities and
institutions, together with any groundwater, surface water and storm
water that may be present, whether treated or untreated, which is
contributed into or permitted to enter the POTW.
WASTEWATER FACILITIES
The structures, equipment and processes required to collect,
carry away and treat domestic and industrial wastes and dispose of
the effluent.
WATERCOURSE
A natural or artificial channel for the passage of water
either continuously or intermittently.
WATERS OF THE STATE (STATE'S WATERS)
All streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigation systems, drainage
systems and all other bodies or accumulations of water, surface or
underground, natural or artificial, public or private, which are contained
within, flow through or border upon the state or any portion thereof.