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.
ABNORMAL SEWAGE
ACT OR THE ACT
ADMINISTRATOR
AMMONIA
APPLICANT
APPROVAL AUTHORITY
APPROVED LABORATORY PROCEDURE
ASTM (DENOTING "AMERICAN SOCIETY FOR TESTING AND MATERIALS")
AUTHORIZED REPRESENTATIVE OF THE INDUSTRIAL USER
(1)
(2)
(3)
BOD (DENOTING "BIOCHEMICAL OXYGEN DEMAND")
BUILDER
BUILDING DRAIN
CHLORINE DEMAND
COD (DENOTING "CHEMICAL OXYGEN DEMAND")
COLOR
COMPOSITE SAMPLE
CONNECTION CHARGE OR TAP FEE
CONTROL AUTHORITY
CONTROL MANHOLE
CONVENTIONAL POLLUTANT
COOLING WATER
COUNTY
DEVELOPER
DIRECT DISCHARGE
DOMESTIC WASTES
DRY SEWERS
END OF PIPE
END OF PIPE CONCENTRATION
END OF PROCESS CONCENTRATION
EASEMENT
EPA, USEPA OR UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
FLOATABLE OIL
FLOW RATE
GARBAGE
GRAB SAMPLE
ICS FORM
INDIRECT DISCHARGE
INDUSTRIAL
INDUSTRIAL CHEMICAL SURVEY (ICS)
INDUSTRIAL WASTES
INFILTRATION
INFLOW
INTERFERENCE
(1)
(2)
(a)
(b)
(c)
(d)
(e)
LATERAL, BUILDING
LATERAL, STREET
MG/L
NATIONAL CATEGORICAL PRETREATMENT STANDARD OR CATEGORICAL STANDARD
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT
NATIONAL PROHIBITIVE DISCHARGE STANDARD OR PROHIBITIVE DISCHARGE
STANDARD
NATURAL OUTLET
NEW OWNER
NEW SOURCE
NEW USER
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION (NYSDEC)
NORMAL SEWAGE
NUISANCE
OIL AND GREASE
OLD OWNER
OTHER WASTES
PASS-THROUGH
PERMIT
PERSON
PH
PHOSPHORUS, TOTAL
POLLUTANT
POLLUTION
PRETREATMENT (TREATMENT)
PRETREATMENT REQUIREMENTS
PRETREATMENT STANDARD OR NATIONAL PRETREATMENT STANDARD
PROHIBITIVE DISCHARGE STANDARD
PROPERLY SHREDDED GARBAGE
POTW TREATMENT PLANT
PUBLICLY OWNED TREATMENT WORKS (POTW)
PRIORITY POLLUTANTS
RECEIVING WATERS
ROOF DRAIN
SCAVENGER WASTES
SEPTAGE
SEPTIC TANK
SERVICE AREA OF THE POTW
SEWAGE
SEWAGE, DOMESTIC OR DOMESTIC WASTES
SEWAGE, NORMAL
(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(2)
SEWAGE, SANITARY
SEWAGE TREATMENT PLANT (WATER POLLUTION CONTROL PLANT)
SEWER
SEWER, COMBINED
SEWER, PUBLIC
SEWER, SANITARY
SEWER, STORM OR STORM DRAIN
SEWERAGE SURCHARGE
SEWERAGE SYSTEM (ALSO POTW)
SIGNIFICANT INDUSTRIAL USER
SIGNIFICANT NONCOMPLIANCE (SNC)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
SLUG
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
STANDARD METHODS
STATE
STATE'S WATERS
STORMWATER
STRENGTH CHARGE
SUBSTANCES OF CONCERN
SUMP PUMP
SUPERINTENDENT
SUSPENDED SOLIDS
TOTAL KJELDAHL NITROGEN (TKN)
TOTAL PHOSPHORUS
TOWN
TOXIC SUBSTANCES
USER
USER CHARGE
USER, EXISTING
USER, INDUSTRIAL
USER, NEW
USER, SIGNIFICANT INDUSTRIAL (SIU)
(1)
(2)
(3)
(4)
(5)
VOLUME CHARGE
WASTEWATER
WASTEWATER DISCHARGE PERMIT
WASTEWATER, UNUSUAL STRENGTH OR CHARACTER
WATERS OF THE STATE OR STATE'S WATERS
As used in this Part 2, the following terms shall have the meanings indicated:
Sewage whose concentration of one or more characteristics
of normal sewage exceeds the maximum concentrations of the characteristics
of normal sewage. See "normal sewage."
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.
The regional administrator of the United States Environmental
Protection Agency (USEPA), Region 2.
The result obtained, using an approved laboratory procedure,
to determine the quantity of ammonia in a sample, expressed as milligrams
of nitrogen per liter.
That person who makes application for any permit. The applicant
may be an owner, new or old, or his agent.
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.
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.
The latest edition of any ASTM specification, when stipulated
in this article.
An authorized representative of the industrial user may be:
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.
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.
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.
Any person who undertakes to construct a building or any
part of a building, either under contract or for resale.
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.
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.
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.
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.
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.
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.
Approval authority or the Superintendent when the town has
an approved pretreatment program under the provisions of 40 CFR 403.11.
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.
A pollutant that the POTW treatment plant was designed to
treat, defined in accordance with the Act.
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.
The county in which the town is located.
Any person who subdivides land for the purpose of constructing,
or causing to be constructed, buildings for which wastewater disposal
facilities are required.
The discharge of treated or untreated wastewater directly
to the waters of the State of New York. (For reference, see "indirect
discharge.")
See "sewage, domestic."
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.
The concentration of a substance in a sample of wastewater
at end of pipe.
See "National Categorical Pretreatment Standard."
An acquired legal right for the specific use of land owned
by others.
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.
Oil, grease or fat in a physical state such that it will
separate by gravity from wastewater by treatment in a wastewater treatment
facility.
The quantity of liquid or waste that flows in a certain period
of time.
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.
A single sample of wastewater representing the physical,
chemical and biological characteristics of the wastewater at one point
and time.
The form used by the NYSDEC to survey industries to perform
and update the Industrial Chemical Survey.
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").
Meaning or pertaining to industry, manufacturing, commerce,
trade, business or institution, and is distinguished from domestic
or residential.
The survey of industries in New York State, initiated by
the NYSDEC, to determine chemical usage and storage by those industries.
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.
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.
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.
A discharge which, alone or in conjunction with discharges
by other sources:
Inhibits or disrupts the POTW, its treatment
processes or operation, or its sludge processes, use or disposal.
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):
Section 405 of the Clean Water Act.
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.
Clean Air Act.
Toxic Substance Control Act.
Marine Protection Research and Sanctuaries Act.
The sewer extension from the building to the street lateral
or other place of wastewater disposal.
The sewer extension from the public sewer to the property
line.
Milligrams per liter.
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").
A permit issued pursuant to § 402 of the Act (33
U.S.C. § 1342).
Any regulation developed under the authority of § 307
(B) of the Act and 40 CFR 403.5.
Any outlet, including storm sewers and combined sewer overflows,
to state's waters.
That individual or entity who purchased property within the service area of the town after the effective date of this Part 2.
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.
A discharger to the POTW who commences discharge after the effective date of this Part 2.
The New York State Department of Environmental Conservation
or other duly authorized official of said Department.
See "sewage, normal."
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.
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.
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.
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.
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.
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.
Any individual, public or private corporation, political
subdivision, federal, state or local agency or entity, association,
trust, estate or other legal entity whatsoever.
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.
See "total phosphorus."
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.
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.
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).
Any substantive or procedural requirement related to pretreatment,
other than a national pretreatment standard imposed on an industrial
user.
Any categorical standard or prohibitive discharge standard.
See "national prohibitive discharge standard."
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.
That portion of the POTW designed to provide treatment to
wastewater and to treat sludge and residuals derived from such treatment.
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.
The most recently revised or updated list, developed by the
EPA, in accordance with the Act.
A natural watercourse or body of water (usually waters of
the state) into which treated or untreated sewage is discharged.
A drain installed to receive water collecting on the surface
of a roof for disposal.
See "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.
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.
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.
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.
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, industrial wastes or other wastes, which
show, by analysis, the following characteristics:
BOD (five-day): 2,090 pounds per million gallons
(250 milligrams per liter) or less.
Suspended solids: 2,500 pounds per million gallons
(300 milligrams per liter) or less.
Phosphorus: 125 pounds per million gallons (15
milligrams per liter) or less.
Ammonia: 250 pounds per million gallons (30
milligrams per liter) or less.
Total Kjeldahl nitrogen: 417 pounds per million
(50 milligrams per liter) or less.
Chlorine demand: 209 pounds per million gallons
(25 milligrams per liter) or less.
Chemical oxygen demand: 2,920 pounds per million
gallons (350 milligrams per liter) or less.
Oil and grease: 830 pounds per million gallons
(100 milligrams per liter) or less.
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.
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").
See "POTW treatment plant."
A pipe or conduit for carrying or transporting sewage.
A sewer designed to receive and transport both surface runoff
and sewage.
A sewer in which all abutting property owners have equal
rights, and the use of which is controlled by the town.
A sewer which carries sewage and to which storm-, surface
and ground waters are not intentionally admitted.
A sewer which carries storm- and surface waters and drainage,
but excludes sewage and industrial wastewaters, other than cooling
waters and other unpolluted waters.
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").
All facilities for collecting, regulating, pumping and transporting
wastewater to and away from the POTW treatment plant.
See "user, significant industrial."
A user is in significant noncompliance if its violation(s)
meet(s) one or more of the following criteria:
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.
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).
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).
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.
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.
Failure to report accurately any noncompliance.
Any other violation which the Superintendent
determines will adversely affect the implementation or operation of
the local pretreatment program.
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.
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.
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 of New York.
See "waters of the state."
Any flow occurring during or following any form of natural
precipitation; also the flow resulting therefrom.
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.
Those compounds which the New York State Department of Environmental
Conservation has determined may be harmful to man or the environment.
A mechanism used for removing water from a sump or wet well.
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.
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.
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.
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.
The Town of Westfield, County of Chautauqua, State of New
York.
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.
Any person who contributes, causes or permits the contribution
of wastewater into the POTW.
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.
A discharger to the POTW who is discharging on or before the effective date of this Part 2.
A discharger to the POTW who discharges nondomestic wastewaters.
A discharger to the POTW who initiates discharge after the effective date of this Part 2.
An industrial user of the town POTW who is:
Subject to national categorical pretreatment
standards promulgated by the EPA;
Having substantial impact, either singly or
in combination with other industries, on the operation of the treatment
works;
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;
Discharging more than 5% of the flow or load
of conventional pollutants received by the POTW treatment plant; or
Discharges 25,000 gallons per day or more of
equivalent domestic sewage.
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.
See "abnormal sewage."
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.
