Unless the context specifically indicates otherwise, the meanings of terms used in this Part
1 shall be as follows:
ABNORMAL POLLUTANT
Industrial waste, substance or wastewater characteristic in excess of that found in normal sewage, but which is otherwise acceptable into a public sewer under the terms of this Part
1.
ABNORMAL POLLUTANT SURCHARGE
The charge levied against any person for services rendered
during treatment of abnormal pollutants or waste. This charge is intended
to partially defray the added cost of transporting and treating abnormal
pollutants or waste. This charge shall be in addition to the usual
monthly charge for sanitary sewerage service.
ABNORMAL SEWAGE
Any industrial waste having a suspended solid or BOD content in excess of that found in normal sewage but which is otherwise acceptable into a public sewer under the terms of this Part
1.
ABNORMAL SEWAGE PERMIT
A permit approved by and received from the Pretreatment Administrator
permitting the discharge or deposit of abnormal sewage into a sanitary
sewer upon payment of a surcharge.
ABNORMAL SEWAGE SURCHARGE
The charge levied against any person for services rendered
during treatment of abnormal sanitary sewage or waste. This charge
is intended to partially defray the added cost of transporting and
treating abnormal sewage or waste. This charge shall be in addition
to the usual monthly charge for sanitary sewerage service.
ACT
The Federal Clean Water Act, as amended.
ADMINISTRATOR
The person or person's authorized deputy, agent or representative
in responsible charge of operating and maintaining the pretreatment
program.
APPLICANT
That person who makes application for any permit. The applicant
may be any owner, new or old, or his agent.
ASTM
American Society for Testing and Materials.
BASELINE MONITORING REPORT
Within 180 days after the effective date of a categorical
pretreatment standard, or 180 days after the final administrative
decision made upon a category determination submission under 40 CFR
403.6(a)(4), whichever is later, existing industrial users subject
to such categorical pretreatment standards and currently discharging
to or scheduled to discharge to a publicly owned treatment works shall
be required to submit to the Pretreatment Administrator a report which
contains identifying information, a list of permits held by the facility,
a description of operations, flow measurement data and measurement
of pollutants as required under 40 CFR 403.12(b).
BOD (DENOTING "BIOCHEMICAL OXYGEN DEMAND")
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20° C., expressed in milligrams per liter.
BOD STRENGTH INDEX
The measure of the biochemical oxygen demand content of sewage
in parts per million (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 drainage pipes
inside the wall of the building and conveys it to the building sewer,
beginning five feet (1.5 meters) 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.
CFR
Code of Federal Regulations.
COOLING WATER
The water discharge from any system of condensation, such as air conditioning, cooling or refrigeration. It should 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 Part
1.
DEC
The New York State Department of Environmental Conservation
(or NYSDEC).
DILUTION OF DISCHARGE
The intentional or unintentional mixing of unpolluted water
or wastes with polluted process wastewaters such that it creates a
lowering of pollutant concentrations in the polluted wastewaters.
ENGINEER
(1)
CITY ENGINEERThe City Engineer of the City of Tonawanda or his authorized deputy, agent or representative.
(2)
VILLAGE ENGINEERThe Village Engineer of the Village of Kenmore or his authorized deputy, agent or representative.
(3)
CONSULTING ENGINEERAn individual engineer or firm of professional engineer(s), licensed to practice in New York State, and who has specifically been designated by the Town to perform certain enumerated tasks.
EPA
The United States Environmental Protection Agency (or USEPA).
FEDERAL ACT
The 1972 Federal Water Pollution Control Act Amendment (P.L.
92-500) and the 1977 Clean Water Act (P.L. 95-217) and any amendment
thereto; as well as any guidelines, limitations and standards promulgated
by the Environmental Protection Agency pursuant to the Act.
FEDERAL CATEGORICAL PRETREATMENT STANDARD
Any federal regulation which specifies quantities or concentrations
which may be discharged to the POTW by existing and new industrial
users in specific industrial subcategories, as found in 40 CFR Chapter
I, Subchapter N.
GARBAGE
Solid wastes from the domestic and commercial preparations,
cooking and dispensing of food, and from the handling, storage and
sale of produce.
INDIRECT DISCHARGE
The introduction of pollutants into a POTW from any nondomestic
source regulated under Section 307(b) or (d) of the Clean Water Act.
INDUSTRIAL WASTES
The liquid or liquid-carried solid or gaseous wastes from
industrial manufacturing processes, trade or businesses, institutions,
utilities, governmental entities or other SIC Index establishments
whether classified as polluted water/waste or nonpolluted water/wastes.
This classification includes all wastewater except those generated
by sanitary facilities such as domestic sinks, water closets, urinals,
showers, tubs, etc.
INDUSTRIAL USER
Any person or user generating or producing as a by-product
liquid wastes from manufacturing processes, trade, business, institution
or other SIC Index operations as distinct from sanitary sewage and
which indirectly discharges to the Town of Tonawanda POTW.
INTERCEPTOR SEWER
Any public sewer or appurtenances owned and operated by the
Town of Tonawanda.
INTERFERENCE
The inhibition or disruption of the POTW treatment processes
or operations or which contributes to a violation of any requirement
of Town of Tonawanda SPDES permit. The term includes prevention of
sewage sludge reuse, reclamation 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 or more stringent state criteria applicable to the method
of disposal or use employed by the POTW.
LABORATORY DETERMINATION
The measurements, tests and analyses of the characteristics
of waters and wastes in accordance with the methods contained in the
latest edition at the time of any such measurement, test or analysis,
of "Standard Methods for Examination of Water and Sewage," a joint
publication of the American Public Health Association, the American
Waterworks Association and the Water Pollution Control Federation
or in accordance with any other method prescribed by the USEPA or
by any other method specifically approved by the Pretreatment Administrator.
NATIONAL PRETREATMENT STANDARDS
Standards prohibiting certain industrial discharges as referenced
in 40 CFR Part 403.5 as well as Federal Categorical pretreatment standards.
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake or other
body of surface or ground water.
NEW OWNER
That individual or entity who purchased property within the service area of the Town of Tonawanda after the effective date of this Part
1.
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 pretreatment standards under
Section 307(c) of the Clean Water Act which will be applicable to
such source, provided that 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.
NEW USER
A discharger to the POTW who commences discharge after the effective date of Part
1.
NORMAL SEWAGE
Sewage which, when analyzed, shows by weight a daily average of not more than 2,500 pounds per million gallons (250 parts per million) of suspended solids and not more than 2,500 pounds per million gallons (250 parts per million) of BOD, and which is otherwise acceptable into a public sewer under the terms of this Part
1.
OBJECTIONABLE WASTE
Any wastes that can harm either the sewers, sewer treatment
process or equipment, have an adverse effect on the receiving stream,
or can otherwise endanger life, limb, public property or constitute
a nuisance.
OWNER OR OWNERS
The owner or owners of record of the freehold of the premises
or lesser estate therein, a mortgagee or vendee in possession, assignee
of rents, receiver, executor, trustee, lessee or other person, firm
or corporation in control of a building.
P (DENOTING "PHOSPHATE")
The total phosphate determined under standard laboratory
procedures, expressed in milligrams per liter.
PASS-THROUGH
A discharge which exits the POTW 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 this POTW's SPDES permit (including
an increase in the magnitude or duration of a violation).
PERSON
Any individual, firm, company, association, society, corporation,
including municipal corporation, or group.
PH
The reciprocal of the logarithm of the weight of hydrogen
ions in grams per liter of solution.
PLUMBING INSPECTOR
The person authorized by the Town to inspect and approve
plumbing connections within the Town's jurisdiction.
POLLUTANTS
Defined now or hereafter by appropriate local, state or federal
authorities or by the Pretreatment Administrator, substances which
may be present in wastewater, whether gaseous, liquid or solid, the
amount which may contain soluble or insoluble solids of organic or
inorganic nature which may deplete the dissolved oxygen content of
natural waters, contribute solids, contain oil, grease or floating
solids which may cause unsightly appearance on the surface of such
waters or contain materials detrimental to aquatic life. "Pollutants"
shall also mean any substance or wastewater characteristic present
in polluted water or waste.
POLLUTED WATER OR WASTE
Any water or liquid waste containing any of the following:
phenols or other substances to an extent imparting taste and odor
in receiving waters; toxic or poisonous substances in suspension,
colloidal state or solution; noxious odorous gases; more than 10,000
parts per million by weight of dissolved solids, of which more than
2,500 parts per million are chloride; more than 10 parts per million
each of suspended solids and/or BOD; color exceeding 50 parts per
million; a pH value of less than 5.0 or more than 9.5; and/or water
or waste not approved for discharge into a stream or waterway by the
appropriate state or federal authority.
POTW
Publicly owned treatment works.
PRESSURE SEWERS
Any pipe or conduit for carrying sewage under pressure and
without intermediate openings to the atmosphere.
PRETREATMENT
The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of the 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. The reduction or alteration can be obtained by physical, chemical
or biological processes, process changes or by other means, except
as prohibited by 40 CFR 403.6, General Pretreatment Regulations for
Existing and New Sources of Pollution.
PRETREATMENT ADMINISTRATOR
The Pretreatment Administrator of the Town of Tonawanda or
his authorized deputy, agent or representative.
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirement related to pretreatment,
other than a national pretreatment standard, imposed on an industrial
user.
PROPERLY SHREDDED GARBAGE
The wastes from the 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 1/2 inch (1.27 centimeters)
in any dimension.
PUBLICLY OWNED TREATMENT WORKS (POTW)
A treatment works as defined by Section 212 of the Act (33
U.S.C. § 1292); includes any sewers that convey wastewater
to the POTW but does not include pipes, sewers or other conveyances
not connected to a facility providing treatment.
PUBLIC SEWER
A sewer in which all owners of abutting properties have equal
rights and is controlled by public authority.
SANITARY SEWER
A sewer which carries sewage and to which storm-, surface
and ground waters are not intentionally admitted.
SANITARY WASTES
Those wastes generated by normal sanitation facilities, including
sinks, urinals, water closets, showers, bathtubs, dishwashers, clothes
washers and similar fixtures and appliances.
SEWAGE
A combination of the water-carried wastes from residences,
business buildings, institutions and industrial establishments, together
with such ground-, surface and storm waters as may be present.
SEWAGE WORKS
All facilities for collecting, pumping, treating and disposing
of sewage.
SEWER
A pipe or conduit for carrying sewage.
SEWER DISTRICT
The Town of Tonawanda Consolidated Sanitary Sewer District.
SEWER INSPECTOR
Any person, agent or representative of the United States
Environmental Protection Agency, New York State Department of Environmental
Conservation or Town of Tonawanda Pretreatment Administrator who has
the proper authority to approve, inspect, observe, sample or test
building sewers or appurtenances in the sewer system.
SIGNIFICANT INDUSTRIAL USER (SIC)
(1)
All industrial users subject to categorical
pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter
N; and
(2)
Any other industrial user that 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); contributes a process wastestream which makes up 5% or
more of the average dry weather hydraulic or organic capacity of the
POTW treatment plant; or is designated as such by the Pretreatment
Administrator as defined in 40 CFR § 403.12(a) 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)].
SIGNIFICANT NONCOMPLIANCE
An industrial user is in significant noncompliance 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 of 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 of the measurements
for each pollutant parameter taken during a six-month period equal
or exceed the product of the daily maximum limit or the average limit
multiplied by the applicable TRC (TRC=1.4 for BOD, 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 Pretreatment
Administrator 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 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 compliance schedules.
(7)
Failure to accurately report noncompliance.
(8)
Any other violation or group of violations which
the Pretreatment Administrator determines will adversely affect the
operation or implementation of the local pretreatment program.
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 minutes more than five times
the average twenty-four-hour concentration or flows during normal
operation.
SPDES PERMIT
State Pollutant Discharge Elimination System Permit issued by the New York State Department of Environmental Conservation (NYSDEC) pursuant to Titles 7 and 8 of Article 17 of the Environmental Conservation Law, Part
1.
SS STRENGTH INDEX
The measure of the suspended solids content of sewage in
parts per million (milligrams per liter).
STANDARD METHODS
Standard Methods of the Examination of Water and Wastewater
prepared and published jointly by the American Public Health Association,
American Waterworks Association and the Water Environment Federation,
latest edition.
STRENGTH INDEX
Both the biochemical oxygen demand index and the suspended
solids strength index.
SUSPENDED SOLIDS (SS)
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.
SYSTEM
The trunk sewers, interceptors, pumping stations, pressure
lines, grinder pump stations, treatment plant, outfall conduits and
so forth, designed to collect, transmit, treat and dispose of estimated
flows and loadings of participants and other users of the system.
TOTAL OIL AND GREASE
The total amount of oil and grease material present in a
waste sample, including materials of both vegetable and mineral origin.
TOXIC SUBSTANCES
Any substance, whether gaseous, liquid or solid, which, when
discharged to the sewer system in sufficient amount, may tend to interfere
with any sewage treatment process, constitute a hazard to recreation
in the receiving waters of the effluent from the sewage treatment
plant, pose a hazard to sewer maintenance personnel or constitute
a hazard to fish or animal life or inhibit aquatic life.
TREATMENT WORKS
Any devices or systems used in the storage, treatment, recycling
and reclamation of municipal sewage or industrial wastes of liquid
nature. This includes intercepting sewers, outfall sewers, sewage
collection systems, pumping, power and other equipment and their appurtenances;
extensions, improvement, remodeling, additions and alterations thereof;
elements essential to provide a reliable recycled supply, such as
standby treatment units and clear well facilities; and any works,
including site acquisition of the land that will be an integral part
of the treatment process or is one for ultimate disposal or residues
resulting from such treatment; or any other method or system for preventing,
abating, reducing, storing, treating, separating or disposing of municipal
wastes, including stormwater runoff, or industrial waste, including
waste in combined stormwater and sanitary sewer systems.
UNPOLLUTED WATER OR WASTE
Any water or liquid waste containing none of the following:
phenols or other substances to an extent imparting taste and odor
in receiving waters; toxic or poisonous substances in suspension,
colloidal state or solution; noxious or odorous gases; not more than
10,000 parts per million, by weight, of dissolved solids, of which
not more than 2,500 parts per million are chloride; not more than
10 parts per million each of suspended solids and BOD; color not exceeding
50 parts per million; a pH value of less than 5.0 nor higher than
9.5; and/or any water or waste approved for discharge into a stream
or waterway by the appropriate state or federal authority.
WATERCOURSE
A channel in which a flow of water occurs, either continuously
or intermittently.