A. 
Unless otherwise stated in the section where the term is used in this Part 2, the meanings of terms used in this Part 2 shall be as stated below. When not inconsistent with the context, the present tense shall include the future, and words used in the plural shall include the singular and vice versa. Furthermore, a masculine pronoun shall include the feminine. Shall is mandatory; may is permissive.
B. 
As used in this Part 2, 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 United States 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 Part 2, or other procedures approved by the Superintendent, for flow measurement or determination of the concentration of pollutants or their surrogates in waters, wastewaters and/or sludges.
ASTM (DENOTING "AMERICAN SOCIETY FOR TESTING AND MATERIALS")
The latest edition of any ASTM specification, when stipulated in this article.
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.
BOD (DENOTING "BIOCHEMICAL OXYGEN DEMAND")
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 outside the inner face of the building wall.
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.
COD (DENOTING "CHEMICAL OXYGEN DEMAND")
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.
COLOR
The optical density at the visual wavelength of maximum absorption, relative to distilled water. One hundred percent transmittance is equivalent to 0.0 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 CHARGE OR TAP FEE
The one-time application fee to offset town expenses to process an application for a connection of a building/street lateral to the public sewer. The fee also covers plan review, permit issuance, street repair cost and inspection costs. The fee may be scaled to the amount of work involved or to the size of the public sewer involved.
CONTROL AUTHORITY
Approval authority or the Superintendent when the town 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 sample 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 Part 2.
COUNTY
The county in which the town 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.")
DOMESTIC WASTES
See "sewage, domestic."
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.
END OF PIPE
For the purpose of determining compliance with limitations prescribed by Article X, Discharge Restrictions, of this Part 2, end of pipe shall mean the control manhole, provided that the samples collected from the control manhole are representative of the discharge to the POTW.
END OF PIPE CONCENTRATION
The concentration of a substance in a sample of wastewater at end of pipe.
END OF PROCESS CONCENTRATION
See "National Categorical Pretreatment Standard."
EASEMENT
An acquired legal right for the specific use of land owned by others.
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.
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 one point and time.
ICS FORM
The form used by the NYSDEC to survey industries to perform and update the Industrial Chemical Survey.
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 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 (excluding 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, stormwaters, 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:
(1) 
Inhibits or disrupts the POTW, its treatment processes or operation, or its sludge processes, use or disposal.
(2) 
May be a cause of a violation of any requirement of the POTW's NPDES 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):
(a) 
Section 405 of the Clean Water Act.
(b) 
The Solid Waste Disposal Act (SWDA), including Title II, more commonly referred to as the "Resource Conservation and Recovery Act (RCRA)," and including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D or the SWDA.
(c) 
Clean Air Act.
(d) 
Toxic Substance Control Act.
(e) 
Marine Protection Research and Sanctuaries Act.
LATERAL, BUILDING
The sewer extension from the building to the street lateral or other place of wastewater disposal.
LATERAL, STREET
The sewer extension from the public sewer to the property line.
MG/L
Milligrams per liter.
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").
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT
A permit issued pursuant to § 402 of the Act (33 U.S.C. § 1342).
NATIONAL PROHIBITIVE DISCHARGE STANDARD OR PROHIBITIVE DISCHARGE STANDARD
Any regulation developed under the authority of § 307 (B) of the Act and 40 CFR 403.5.
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 after the effective date of this Part 2.
NEW SOURCE
Any source, the construction of which is commenced after the publication of 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 Part 2.
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION (NYSDEC)
The New York State Department of Environmental Conservation or other duly authorized official of said Department.
NORMAL SEWAGE
See "sewage, normal."
NUISANCE
The use or lack of use of the POTW in such a manner so as to endanger life or health, or give offense to the senses, 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 Part 2, or inherited the property at any time and who 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, eggshells, 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 POTW into waters of the state in quantities or concentrations, 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 Part 2.
PERSON
Any individual, public or private corporation, political subdivision, federal, state or local agency or entity, association, trust, estate or 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 7.0, the pH scale midpoint, represents neutrality. Values above 7.0 represent alkaline conditions. Values below 7.0 represent acid conditions.
PHOSPHORUS, TOTAL
See "total phosphorus."
POLLUTANT
Any material placed into or onto the state's waters, lands and/or air 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 and/or radiological integrity of the state's waters, lands and/or air resulting from the introduction of a pollutant into these media.
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.
PRETREATMENT STANDARD OR NATIONAL PRETREATMENT STANDARD
Any categorical standard or prohibitive discharge standard.
PROHIBITIVE DISCHARGE STANDARD
See "national prohibitive discharge standard."
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 1/2 inch in any dimension.
POTW TREATMENT PLANT
That portion of the POTW designed to provide treatment to wastewater and to treat sludge and residuals derived from such treatment.
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. 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.
PRIORITY POLLUTANTS
The most recently revised or updated list, developed by the EPA, in accordance with the Act.
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.
SCAVENGER WASTES
See "septage."
SEPTAGE
All liquids and solids in and removed from septic tanks, holding tanks, cesspools or approved types 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.
SERVICE 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 Town Board.
SEWAGE
A combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments and such ground-, surface and stormwater 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 OR 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. (See "sewage, sanitary").
SEWAGE, NORMAL
(1) 
Sewage, industrial wastes or other wastes, which show, by analysis, the following characteristics:
(a) 
BOD (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 stormwater, surface water, industrial and other wastes. (See "domestic wastes").
SEWAGE TREATMENT PLANT (WATER POLLUTION CONTROL PLANT)
See "POTW treatment plant."
SEWER
A pipe or conduit for carrying or transporting sewage.
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.
SEWER, SANITARY
A sewer which carries sewage and to which storm-, surface and ground waters are not intentionally admitted.
SEWER, STORM OR 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 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").
SEWERAGE SYSTEM (ALSO POTW)
All facilities for collecting, regulating, pumping and transporting wastewater to and away from the POTW treatment plant.
SIGNIFICANT INDUSTRIAL USER
See "user, significant industrial."
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 or 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 XII of this Part 2.
(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 for 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, 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 Waste Water, published by the American Public Health Association, procedures established by the Administrator, pursuant to § 304(G) of the Act and contained in 40 CFR 136, and amendments thereto. (If 40 CFR 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 Effluent 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.
STATE
State of New York.
STATE'S WATERS
See "waters of the state."
STORMWATER
Any flow occurring during or following any form of natural precipitation; also the flow resulting therefrom.
STRENGTH CHARGE
The strength sewer use charge based in part or wholly on the strength of abnormal sewage discharged into the POTW. The strength charge shall be based on a specific cost per pound of contaminant in excess of normal sewage strength. The specific charge shall be subject to approval by the Town Board.
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
That individual designated by the Town Board as the Superintendent of Wastewater. Such an individual shall be licensed by the state to oversee wastewater treatment, collection and POTW operation. This definition shall also include his duly licensed, 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 Westfield, County of Chautauqua, State of New York.
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 CWA 307(A) or other acts.
USER
Any person who contributes, causes or permits the contribution of wastewater into the POTW.
USER CHARGE
A combination of the volume charge and strength charge. The moneys so obtained shall be used for current operations and maintenance, for retirement of bonded indebtedness, and for funding of capital projects, of the POTW. The basis of user charge calculations shall be made available to the public, on demand, as provided in Article XIV of this Part 2. The user charge shall be recalculated annually, as well as the surcharge rates.
USER, EXISTING
A discharger to the POTW who is discharging on or before the effective date of this Part 2.
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 Part 2.
USER, SIGNIFICANT INDUSTRIAL (SIU)
An industrial user of the town 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; or
(5) 
Discharges 25,000 gallons per day or more of equivalent domestic sewage.
VOLUME CHARGE
The demand sewer use charge which is based, in part or wholly, on the volume of normal and abnormal sewage discharged into the POTW (there may be surcharges, as provided for in Article XIII of this Part 2). The volume charge shall be based on a specific cost per 100 cubic feet or 1,000 gallons.
WASTEWATER
The liquid and water-carried industrial or domestic wastewaters from dwellings, commercial establishments, industrial facilities and institutions, together with any ground surface water and stormwater that may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW.
WASTEWATER DISCHARGE PERMIT
A permit as set forth in Article XI of this Part 2.
WASTEWATER, UNUSUAL STRENGTH OR CHARACTER
See "abnormal sewage."
WATERS OF THE STATE OR 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 of any portion thereof.