Unless otherwise stated in the section where
the term is used in this chapter, the meaning of terms used in this
chapter 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.
ABNORMAL SEWAGE
Sewage which exceeds the maximum concentration of any of
the characteristics of normal sewage. See "sewage, normal."
ACT or THE ACT
The Federal Water Pollution Control Act, also known as the
"Clean Water Act," 33 U.S.C. § 1251 et seq., as may be amended.
ADMINISTRATOR
The Regional Administrator of the U.S. Environmental Protection
Agency (USEPA), Region 2.
AMMONIA
The result obtained, using an approved laboratory procedure,
to determine the quantity of ammonia in a sample, expressed as milligrams
of nitrogen per liter.
APPLICANT
That person who makes application for any permit under this
chapter. 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 the NYSDEC is delegated approval
authority responsibility by the USEPA.
APPROVED LABORATORY PROCEDURE
The procedures defined as "Standard Methods" in this article,
or other procedures approved by the Superintendent, for flow measurement
or determination of the concentration of pollutants or their surrogates
in waters, wastewaters, and/or sludges.
AUTHORIZED REPRESENTATIVE OF THE INDUSTRIAL USER
An authorized representative of the industrial user may be:
A.
A principal executive officer of at least the
level of vice president, if the industrial user is a corporation.
B.
A general partner or proprietor, if the industrial
user is a partnership or proprietorship, respectively.
C.
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 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 zero optical density.
COMPOSITE SAMPLE
The sample resulting from the combination of individual samples
of wastewater taken at selected intervals for a specified time period.
The individual samples may have equal volumes or the individual volumes
may be proportioned to the flow at the time of sampling.
CONNECTION
Attachment of one user to a sewer. (See "extension.")
CONTROL AUTHORITY
The term shall refer to the approval authority or to the
Superintendent when the Village of Altamont has an approved pretreatment
program under the provisions of 40 CFR 403.11.
CONTROL MANHOLE
A manhole accessible to the control authority in or upstream
of the street lateral, such that samples collected from the manhole
represent the discharge to the POTW.
CONVENTIONAL POLLUTANT
A pollutant that the POTW treatment plant was designed to
treat, defined in accordance with the Act.
COOLING WATER
The water discharged from any system of condensation, air
conditioning, refrigeration, or other sources. It shall contain no
polluting substances which would produce COD or suspended solids in
excess of five milligrams per liter and no toxic substances, as defined
elsewhere in this chapter.
COUNTY
Albany County, New York, which is the county in which the
Village of Altamont is located.
DEVELOPER
Any person who subdivides land for the purpose of constructing,
or causing to be constructed, buildings for which wastewater disposal
facilities are required.
DIRECT DISCHARGE
The discharge of treated or untreated wastewater directly
to the waters of the State of New York. (For reference, see "indirect
discharge.")
DRY SEWER
The sanitary sewer installed in anticipation of future connection
to a POTW but which is not used, in the meantime, for transport of
stormwater or sanitary sewage.
EASEMENT
An acquired legal right for the specific use of land owned
by others.
END OF PIPE
For the purpose of determining compliance with limitations prescribed by Article
IX, "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.
EPA, USEPA or U.S. ENVIRONMENTAL PROTECTION AGENCY
The agency of the federal government charged with the administration
and enforcement of federal environmental laws, rules, and regulations.
Also may be used as a designation for the Administrator or other duly
authorized official of this Agency.
EXTENSION
Attachment of a sewer line, with more than one user, to an
existing sewer line.
FACILITY
All buildings, other structures, grounds and contiguous property
at any locations related to or connected with a user at the user's
location.
FLOATABLE OIL
Oil, grease, or fat in a physical state such that it will
separate by gravity from wastewater when treated 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, the handling, storage, and sale of produce, or 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 as part
of 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, as distinguished from domestic or
residential.
INDUSTRIAL WASTES
The liquid or liquid-carried solid, liquid and/or gaseous
wastes from industrial processes, as distinguished from sanitary sewage.
INFILTRATION
Water, other than wastewater, that enters a sewer system
(excluding building drains) from the ground through such means as
defective pipes, pipe joints, connections, or manholes. "Infiltration"
does not include, and is distinguished from, inflow. Infiltration
is inadvertent, that is, not purposely designed or built into the
sewer or drain.
INFLOW
Water, other than wastewater, that enters a sewer system
(including building drains) from sources such as, but not limited
to, roof leaders, cellar drains, area drains, drains from springs
and swampy areas, manhole covers, cross-connections between storm
sewers and sanitary sewers, catch basins, cooling towers, 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, inhibits or disrupts the POTW, its treatment processes
or operations, sludge processes, use or disposal and therefore is
a cause of a violation of any requirement of the Village of Altamont
POTW's SPDES permit (including an increase in the magnitude or duration
of a violation) or of the prevention of sewage sludge use or disposal
by the POTW in accordance with the following statutory provisions
and regulations or permits issued thereunder (or more stringent state
or local regulations):
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 of the SWDA];
D.
Toxic Substance Control Act; and
E.
Marine Protection Research and Sanctuaries Act.
LATERAL, BUILDING
The sewer extension from the building drain to the street
lateral or other place of wastewater disposal.
LATERAL, STREET
The sewer extension from the public sewer to the property
line.
NATURAL OUTLET
Any outlet to the state's waters, including storm sewers
and combined sewer overflows.
NEW OWNER
That individual or entity who or which purchased or acquired
property within the service area of the Village after the effective
date of this chapter.
NEW SOURCE
Any source, the construction of which is commenced after
the publication and promulgation of the proposed regulation prescribing
a Section 307(c) (33 U.S.C. § 1317) categorical pretreatment
standard applicable to such source.
NEW USER
A discharger to the POTW who commences discharge after the
effective date of this chapter.
NUISANCE
The use or lack of use of the POTW in such a manner as to
endanger life or health, give offense to the senses, or obstruct or
otherwise interfere with the reasonable use or maintenance of the
POTW.
OIL AND GREASE
The result obtained when using an approved laboratory procedure
to determine the quantity of fats, wax, grease, and oil in a sample,
expressed in milligrams per liter.
OLD OWNER
That individual or entity who or which owns or acquired a
property within the service area of the POTW prior to the effective
date of this chapter.
OTHER WASTES
Garbage (shredded or unshredded), including but not limited
to refuse, wood, egg shells, coffee grounds, sawdust, shavings, bark,
sand, lime, ashes, and all other discarded matter not normally present
in sewage or industrial wastes.
PASS-THROUGH
The discharge which exits the Village of Altamont POTW into
waters of the state in quantities which, alone or in conjunction with
discharges from other sources, cause 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, limits of pollutant parameters, and reporting
frequencies, and requiring other actions as authorized by this chapter.
PERSON
Any individual, public or private corporation, political
subdivision, federal, state, or local agency or entity, association,
trust, estate or any other legal entity whatsoever.
pH
The logarithm (base 10) of the reciprocal of the weight of
hydrogen ions, in gram moles per liter of solution. A pH value of
7.0, the pH scale midpoint, represents neutrality. Values above 7.0
represent alkaline conditions. Values below 7.0 represent acid conditions.
POLLUTANT
Any material placed into or onto the state's waters, land
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,
biological, and/or radiological integrity of the state's waters, land
and/or air resulting from the introduction of a pollutant into these
media.
POTW TREATMENT PLANT
That portion of the POTW designed to provide treatment to
wastewater and to treat sludge and residuals derived from such treatment.
PRETREATMENT (TREATMENT)
The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties
in wastewater to a less harmful state prior to or in lieu of discharging
or otherwise introducing such pollutants into a POTW. The reduction
or alteration can be achieved by physical, chemical, or biological
process, process changes, or by other means, except as prohibited
by 40 CFR 403.6(D).
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirement related to pretreatment,
other than a national pretreatment standard imposed on an industrial
user.
PRIORITY POLLUTANTS
The most recently revised or updated list developed by the
EPA in accordance with the Act.
PROPERLY SHREDDED GARBAGE
The wastes from the preparation, cooking, and dispensing
of food that have been shredded to such a degree that all particles
will be carried freely under the flow conditions normally prevailing
in public sewers and with no particle having any dimension greater
than 1/2 inch.
PUBLICLY OWNED TREATMENT WORKS (POTW)
A treatment works, as defined by Section 212 of the Act,
(33 U.S.C. § 1292), which is owned, in this instance, by
the Village of Altamont. This definition includes any sewers and appurtenances
that transport wastewater to the POTW treatment plant but does not
include pipes, sewers, or other conveyances not connected directly
or indirectly to a facility providing treatment.
RECEIVING WATERS
A natural watercourse or body of water (usually waters of
the state) into which treated or untreated sewage is discharged.
RECORDS
Shall include, but not be limited to, any printed, typewritten,
handwritten or otherwise recorded matter of whatever character (including
paper or electronic media), including but not limited to letters,
files, memoranda, directives, notes and notebooks, correspondence,
descriptions, telephone call slips, photographs, permits, applications,
reports, compilations, films, graphs and inspection reports. For the
purposes of this chapter, "records" shall mean records of and relating
to waste generation, reuse and disposal and shall include records
of usage of raw materials.
ROOF DRAIN
A drain installed to receive water collecting on the surface
of a roof for disposal.
SEPTAGE
All liquids and solids in and removed from septic tanks,
holding tanks, cesspools, or approved type of chemical toilets, including
but not limited to those serving private residences, commercial establishments,
institutions, and industries. Also sludge from small sewage treatment
plants. Septage shall not have been contaminated with substances of
concern or priority pollutants.
SEPTIC TANK
A private domestic sewage treatment system consisting of
an underground tank (with suitable baffling) constructed in accordance
with any and all local and state regulatory 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 Altamont Village Board.
SEWAGE
A combination of the water-carried wastes from residences,
business buildings, institutions, and industrial establishments and
such groundwater, surface water, 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 (DOMESTIC WASTES)
Liquid wastes from the noncommercial preparation, cooking,
and handling of food; liquid wastes containing human excrement and
similar matter from the sanitary conveniences in dwellings, commercial
buildings, industrial buildings, and institutions; or liquid wastes
from clothes washing and/or floor/wall washing. Therefore, "domestic
sewage" includes both black water and grey water. (See "sewage, sanitary.")
SEWAGE, NORMAL
A.
Sewage, industrial wastes, or other wastes which
show, by analysis, the following characteristics:
(1)
BOD (five-day): 2,090 pounds per million gallons
(250 milligrams per liter), or less.
(2)
Suspended solids: 2,500 pounds per million gallons
(300 milligrams per liter), or less.
(3)
Phosphorus: 125 pounds per million gallons (15
milligrams per liter), or less.
(4)
Ammonia: 250 pounds per million gallons (30
milligrams per liter), or less.
(5)
Total kjeldahl nitrogen: 417 pounds per million
(50 milligrams per liter), or less.
(6)
Chlorine demand: 209 pounds per million gallons
(25 milligrams per liter), or less.
(7)
Chemical oxygen demand: 2,920 pounds per million
gallons (350 milligrams per liter), or less.
(8)
Oil and grease: 830 pounds per million gallons
(100 milligrams per liter), or less.
B.
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, and industrial
and other wastes. (See "domestic wastes.")
SEWER
A pipe or conduit for carrying or transporting sewage.
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 whose characteristics exceed the maximum values for
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.
SEWER, COMBINED
A sewer designed to receive and transport both stormwater
and sewage.
SEWER, PUBLIC
A sewer in which all abutting property owners have equal
rights and the use of which is controlled by the Village of Altamont.
SEWER, SANITARY
A sewer which carries sewage and to which stormwater, surface
water, and groundwater are not intentionally admitted.
SEWER, STORM (STORM DRAIN)
A sewer which carries stormwater and surface water and drainage
but excludes sewage and industrial wastewaters, other than cooling
waters and other unpolluted waters.
SIGNIFICANT NONCOMPLIANCE (SNC)
A user is in significant noncompliance if its violation(s)
meet(s) one or more of the following criteria:
A.
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 as
defined in the user's permit.
B.
Technical review criteria (TRC) violations,
defined here as those, in 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 as defined in the
user's permit multiplied by the applicable TRC (TRC equals 1.4 for
BOD, TSS, fats, oil and grease; TRC equals 1.2 for all other pollutants).
C.
Any other violation of a pretreatment effluent
limit (daily maximum or long-term average) as defined in the user's
permit 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).
D.
Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or the environment or has resulted in the Superintendent's exercise of his emergency authority under Article
XI of this chapter.
E.
Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a consent order, administrative order or compliance order, as defined in Article
XI of this chapter, for starting construction, completing construction, or attaining final compliance.
F.
Failure to provide, within 30 days after the due date, required reports, such as a written response to a notice of violation in accordance with §
300-77A of this chapter; or baseline monitoring reports, ninety-day compliance reports, periodic compliance reports, violation reports or other reports in accordance with §
300-64 of this chapter; or reports on compliance with compliance schedules as may be required of a user as an outcome of an administrative remedy in accordance with Article
XI of this chapter.
G.
Failure to report accurately any noncompliance
with any provision of this chapter, including but not limited to provisions
of a permit and/or provisions of any administrative remedy.
H.
Any other violation which the Superintendent
determines will adversely affect the implementation or operation of
the Village 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 longer
than 15 minutes, more than five times the average twenty-four-hour
concentration or flow during normal user operations shall constitute
a slug.
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
A classification pursuant to the Standard Industrial Classification
Manual issued by the Executive Office of the President, Office of
Management and Budget, 1972, and subsequent revisions.
STANDARD METHODS
Procedures contained in the latest edition of "Standard Methods
for the Examination of Water and Wastewater" as prepared and published
jointly by the American Public Health Association, American Water
Works Association and Water Environment Federation, procedures established
by the Administrator pursuant to Section 304(g) of the Act and contained
in 40 CFR 136, and amendments thereto, any other procedure approved
by the Administrator, or any other procedure approved by the Superintendent.
(If 40 CFR 136 does not include a sampling or analytical technique
for the pollutant in question, then procedures set forth in the EPA
publication "Sampling and Analysis Procedures for Screening of Industrial
Effluents for Priority Pollutants," April 1977, and amendments thereto,
shall be used.) In the case where there is more than one procedure
specified in these reference documents, the Superintendent shall determine
which procedure shall be used.
STORMWATER
Any flow caused by or occurring during or following any form
of natural precipitation.
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 nominated by the Village of Altamont Mayor
and confirmed by the Altamont Village Board as the Superintendent
of the Department of Public Works. Such individual shall be qualified
to oversee water treatment and distribution and POTW operations. This
definition shall also include the Superintendent's 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.
TAP-IN FEES
Fees associated with the physical installation of an individual
tap to the Village-owned mains by Village staff. (Note: Does not cover
any excavation.)
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.
TOXIC SUBSTANCES
A.
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 constitute a hazard to
recreation in the receiving waters.
B.
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, EXISTING
A discharger to the POTW who is discharging on or before
the effective date of this chapter.
USER, INDUSTRIAL
A discharger to the POTW who discharges nondomestic wastewaters.
USER, NEW
A discharger to the POTW who initiates discharge after the
effective date of this chapter.
USER, SIGNIFICANT INDUSTRIAL (SIU)
A.
An industrial user of the Village 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.
B.
Note: A user discharging a measurable quantity
of a pollutant may be classified as nonsignificant if, at the influent
to the POTW treatment plant, the pollutant is not detectable.
VILLAGE
The Village of Altamont, as incorporated in the year 1860.
VOLUME CHARGE (USER CHARGE)
The demand sewer use charge which is based, in part or wholly, on the volume of normal sewage discharged into the POTW (there may be surcharges, as provided for in Article
XII). The volume charge shall be based on a specific cost per 100 cubic feet or per 1,000 gallons. The specific charge shall be subject to approval by the Village Board. The moneys so obtained shall be used for current operation and maintenance, for retirement of bonded indebtedness, and for funding of capital projects of the POTW. The basis of volume charge calculations shall be made available to the public, on demand, as provided in Article
XII. The volume charge shall be recalculated annually, as well as the surcharge rates.
WASTEWATER
The liquid and water-carried industrial or domestic wastewaters
from dwellings, commercial establishments, industrial facilities,
and institutions, together with any groundwater, surface water, and
stormwater that may be present, whether treated or untreated, which
is contributed into or permitted to enter the POTW.
WATERS OF THE STATE (STATE'S WATERS)
All streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigation systems, drainage
systems, and all other bodies or accumulations of water, surface or
underground, natural or artificial, public or private, which are contained
within, flow through, or border upon the state or any portion thereof.