The meaning of the terms used in this Part 1 shall be as follows:
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. § 1251, et seq.
The United States Environmental Protection Agency.
AUTHORIZED REPRESENTATIVE OF THE USER
If the user is a corporation:
The president, secretary, treasurer or a vice-president
of the corporation in charge of a principal business function, or
any other person who performs similar policy or decisionmaking functions
for the corporation; or
The manager of one or more manufacturing, production
or operation facilities employing more than 250 persons or having
gross annual sales or expenditures exceeding $25,000,000 (in second
quarter 1980 dollars), if authority to sign documents has been assigned
or delegated to the manager in accordance with corporate procedures.
If the user is a partnership or sole proprietorship:
a general partner or proprietor, respectively.
If the user is a federal, state or local governmental
facility: a director or highest official appointed or designated to
oversee the operation and performance of the activities of the government
facility, or his or her designee.
The individuals described in Subsections A through C above may designate another authorized representative if the authorization is in writing; the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company; and the written authorization is submitted to the Village.
The pollutional strength of a waste expressed in terms of
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.
The sanitary sewer from a building plumbing system to the
public sanitary sewer.
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with § 307(b) and (c) of the Act
(33 U.S.C. § 1317) which applies to a specific category
of users and which appears in 40 CFR Chapter I, Subchapter N, Parts
405 through 471.
The mass of a substance or material per unit volume of liquid.
Concentration may be expressed as parts per million of water by weight
(ppm) or as milligrams per liter (mg/l).
The United States Environmental Protection Agency or duly
authorized official of said agency.
Any source of discharge, the construction or operation of
which commenced prior to the publication by the EPA of proposed categorical
pretreatment standards which will be applicable to such source if
the standard is thereafter promulgated in accordance with § 307
of the Act.
Solid wastes from the preparation, cooking, dispensing, handling,
storage or sale of food products, or other similar materials.
A sample which is taken from a waste stream without regard
to the flow in the waste stream and over a period of time not to exceed
15 minutes.
The introduction of pollutants into the POTW from any nondomestic
source regulated under § 307(b), (c) or (d) of the Act.
Any liquid, gaseous, solid or waste substance or a combination
thereof resulting from any process of industry, manufacturing, trade
or business of from the development or recovery of any natural resources.
In addition to its usual or ordinary meaning, any establishment
or person defined as such by the Standard Industrial Classification
Manual (latest edition) prepared by the Statistical Documents Division,
Office of Management and Budget, Executive Office of the President
of the United States, and shall also mean any user which discharges
or may accidentally discharge wastewater containing toxic substances
or any substance which may cause any interference or upset of the
POTW, and any user which engages in the manufacturing or processing
of materials, equipment, food or other supplies for resale off the
premises.
The maximum concentration of a pollutant allowed to be discharged
at any time, determined from the analysis of any discrete or composite
sample collected, independent of the industrial flow rate and the
duration of the sampling event.
A discharge which, alone or in conjunction with a discharge
or discharges from 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 the Village's
NPDES permit or of the prevention of sewage sludge use or disposal
in compliance with any of the following statutory/regulatory provisions
or permits issued thereunder, or any more stringent state or local
regulations: § 405 of the Act; the Solid Waste Disposal
Act, including Title II commonly referred to as the "Resource Conservation
and Recovery Act (RCRA)"; any state regulations contained in any state
sludge management plan prepared pursuant to Subtitle D of the Solid
Waste Disposal Act; the Clean Air Act; the Toxic Substances Control
Act; and the Marine Protection, Research and Sanctuaries Act.
The multiplication of a waste constituent concentration times
the rate of flow of the liquid carrying the waste times a conversion
factor to obtain the units of pounds per day.
Isolation wastes, infectious agents, human blood and blood
products, pathological wastes, sharps, body parts, contaminated bedding,
surgical wastes, potentially contaminated laboratory wastes and dialysis
wastes.
Milligrams per liter.
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, Section 403.5, as amended from time to time.
Any outlet into a watercourse, pond, ditch, lake or other
body of surface or ground water.
Any building, structure, facility or installation
from which there is (or may be) a discharge of pollutants, the construction
of which commenced after the publication of proposed pretreatment
standards under § 307(c) of the Act which will be applicable
to such source if such standards are thereafter promulgated in accordance
with that section, provided that:
The building, structure, facility or installation
is constructed at a site at which no other source is located;
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. In determining
whether these are substantially independent, factors such as the extent
to which the new facility is integrated with the existing plant and
the extent to which the new facility is engaged in the same general
type of activity as the existing source should be considered.
Construction on a site at which an existing
source is located results in a modification rather than a new source
if the construction does not create a new building, structure, facility
or installation meeting the criteria of Subsection A(2) or (3) above
but otherwise alters, replaces or adds to existing process or production
equipment.
Construction of a new source as defined under
this subsection has commenced if the owner or operator has:
Begun, or caused to begin, as part of a continuous
on-site construction program:
Any placement, assembly or installation of facilities
or equipment; or
Significant site preparation work including
clearing, excavation or removal of existing buildings, structures
or facilities which is necessary for the placement, assembly or installation
of new source facilities or equipment; or
Entered into a binding contractual obligation
for the purchase of facilities or equipment which are intended to
be used in its operation within a reasonable time. Options to purchase
or contracts which can be terminated or modified without substantial
loss, and contracts for feasibility, engineering and design studies
do not constitute a contractual obligation under this subsection.
Water used for cooling which does not come into direct contact
with any raw material, intermediate product, waste product or finished
product.
New York State Department of Environmental Conservation.
The holder owner or owners or record of the freehold of a
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 possession of or control of, or person, firm
or corporation exercising dominion and control over the premises,
or person, firm or corporation using the sewers of a premises.
A discharge which exits the POTW into waters of the United
States in quantities or concentrations which, along or in conjunction
with a discharge or discharges from other sources, is a cause of a
violation of any requirement of the Village's NPDES or SPDES permit,
including an increase in the magnitude or duration of a violation.
Any individual, partnership, copartnership, firm, company,
corporation, association, joint-stock company, trust, estate, governmental
entity or any other legal entity, or their legal representatives,
agents or assigns. This definition includes all federal, state and
local government entities.
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions expressed in grams per liter of solution; a measure
of the acidity or alkalinity of a solution, expressed in standard
units.
Dredged spoil, solid waste, incinerator residue, filter backwash,
sewage, garbage, sewage sludge, munitions, medical wastes, chemical
wastes, biological materials, radioactive materials, heat, wrecked
or discarded equipment, rock, sand, cellar dirt, municipal, agricultural
and industrial wastes, and certain characteristics of wastewater (e.g.
pH, temperature, TSS, turbidity, color, BOD, COD, toxicity or odor).
A "treatment works" as defined by § 212 of the
Act (33 U.S.C. § 1292) which is owned by the Village. This
definition includes any devices or systems used in the collection,
storage, treatment, recycling and reclamation of sewage or industrial
wastes of a liquid nature and any conveyances which convey wastewater
to a treatment plant.
The reduction of the amount of pollutants, the elimination
of pollutants or the alteration of the nature of pollutant properties
in wastewater prior to, or in lieu of, introducing such pollutants
into the POTW. This reduction or alteration can be obtained by physical,
chemical or biological processes; by process changes; or by other
means, except by diluting the concentration of the pollutants unless
allowed by an applicable pretreatment standard.
Any substantive or procedural requirement related to pretreatment,
other than a pretreatment standard.
Any wastes, sludges or residues generated as a result of
equalizing or reducing the amount of pollutants in wastewater or eliminating
pollutants or altering the nature of pollutant properties in wastewater
to a less harmful state by physical, chemical or biological processes
prior to or in lieu of discharging or otherwise introducing such pollutants
into the POTW system.
Prohibited discharge standards, categorical pretreatment
standards and local limits.
Any sewage which travels through a sanitary sewer.
A sewer which is intended to carry sewage and which is not
limited to carrying storm-, surface and ground waters.
Any sewage from holding tanks such as vessels, chemical toilets,
campers, trailers and septic tanks.
The water-carried human or animal wastes as well as wastes which are normal by-products of human activity in residences from residences, buildings, industrial establishments or other places, together with such groundwater infiltration and surface water as may be present. The admixture with sewage as above defined of industrial wastes or other wastes as hereafter defined shall also be considered sewage within the meaning of this Part 1. Sewage or wastes also includes garbage, refuse, decayed wood, sawdust, shavings, bark, sand, lime cinders, ashes, offal, oil, tar, dye-stuffs, acids, chemicals and all other discarded matter which may cause or might be reasonably expected to cause pollution of the waters of the State of New York.
A pipe or conduit for carrying sewage or storm or surface
waters.
The wastes from the preparation, cooking or 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, with no particle greater than 1/2 inch in any dimension.
A user subject to categorical pretreatment standards;
or
A user that:
Discharges an average of 25,000 gpd or more
of process wastewater to the POTW (excluding sanitary, noncontact
cooling and boiler blowdown wastewater);
Contributes a process waste stream which makes
up 5% or more of the average dry weather hydraulic or organic capacity
of the POTW treatment plant;
Is designated as such by the Village on the
basis that it has a reasonable potential for adversely affecting the
POTW's operation or for violating any pretreatment standard or requirement;
or
Which discharges sewage resulting from the processing
or packaging of fruits or vegetables, other than for on-premises consumption
or as a take-out restaurant.
Upon finding that a user meeting the criteria in Subsection B has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the Village may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.
Any solids and associated liquids which may be found in wastewater
as a result or residue of a treatment process, pretreatment process,
industrial process, holding tank, septic tank, etc.
Any discharge of a nonroutine, episodic nature, including,
but not limited to, an accidental spill or a noncustomary batch discharge,
which has a reasonable potential to cause interference or pass through,
or in any other way violate the POTW's regulations, local limits or
permit conditions.
[Amended 5-19-2014 by L.L. No. 2-2014]
The New York State system through which permits are issued
to regulate discharge into navigable waters from all point sources
of pollution including industries and municipal wastewater treatment
plants.
A permit issued by the State of New York as set forth above
in the definition of "SPDES (State Pollution Discharge Elimination
System)."
A classification pursuant to the Standard Industrial Classification
Manual issued by the United States Office of Management and Budget.
A sewer which carries storm- or surface waters and drainage,
but is intended to exclude sewage and polluted industrial wastes.
Any flow occurring during or following any form of natural
precipitation and resulting from such precipitation, including snowmelt.
The Superintendent of Public Works for the Village of Middleport or his authorized deputy, agent or representative. Wherever the term "Superintendent" shall appear in this Part 1, it shall be interpreted to include the Mayor of the Village of Middleport, who shall be authorized to perform any function and shall have any authority the Superintendent shall have.
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.
Sewers, interceptors, pumping stations, treatment facilities,
outfall conduits and so forth, employed to collect, transmit, treat
and dispose of flows and loading of sanitary sewage.
The United States Environmental Protection Agency.
Any source of discharge to the POTW, and shall include any
individual entity and person responsible for or overseeing or managing
or causing or charged with responsibility for any plant, or establishment
or entity discharging, regardless of the form of ownership of said
plant or establishment or entity.
The Village of Middleport, New York, and its authorized representatives.
Liquid and water-carried industrial wastes and sewage from
residential dwellings, commercial buildings, industrial and manufacturing
facilities and institutions, whether treated or untreated, which are
contributed to the POTW.
That portion of the POTW which is designed to provide treatment
of municipal sewage and industrial waste.
A channel in which a flow of water occurs, either continuously
or intermittently.
