Unless otherwise stated in the section or article 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.
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 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.
The latest edition of any ASTM specification, when stipulated in
this chapter.
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 wave length 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.
Attachment of one user to a sewer. (See "extension.")
The one time application fee to offset Village expenses to process
an application for connection of a building lateral. The fee covers any work
necessary by the village, within the jurisdictional boundary of the public
sewer, necessary for the connection of the building 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.
The term shall refer to the approval authority or to the Superintendent
when the village 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 samples 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 chapter.
The County of Lewis, in which the Village of Lowville 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.
An acquired legal right for the specific use of land owned by others.
For the purpose of determining compliance with limitations prescribed by Article IX, end of pipe shall mean the sampling location immediately prior to discharge into the village sewer.
For the purpose of determining compliance with the National Categorical
Pretreatment Standards (40 CFR, Part 403), end of process shall mean the sampling
location immediately after the discharge from a categorically regulated industrial
process.
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.
Attachment of a sewer line, with more than one user, to an existing
sewer line.
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.")
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.
See "user, industrial."
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 (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.
A discharge which, alone or in conjunction with discharges by 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 any requirement of the village 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):
Section 405 of the Clean Water Act;
SWDA) (including Title II, more commonly referred to as the "Resource Conservation and Recovery Actnservation and Recovery Act - RCRA"), and including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D or the SWDA;
The Clean Air Act;
The Toxic Substance Control Act; and
The Marine Protection Research and Sanctuaries Act.
The boundary between public and private ownership of sewers, which
is the point located either five feet beyond the pavement or curbline of the
street, or the property line, whichever point occurs first in each individual
case.
The sewer extension from the building drain to the jurisdictional
boundary or other place of wastewater disposal.
The individual designated by the Village Board of Trustees as the
health officer of the Village of Lowville, having all the powers and duties
prescribed in § 352 of the Public Health Law.
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 village after the effective date of this chapter.
Any source, the construction of which is commenced after the publication
of the 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 chapter.
See "sewage, normal."
The use or lack of use of the POTW in such a manner so 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.
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 chapter,
or who inherited the property at any time and 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 village POTW into waters of the state
in quantities 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
chapter.
Any individual, public or private corporation, political subdivision,
federal, state or local agency or entity, association, trust, estate or any
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
airs, 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,
biological and/or radiological integrity of the state's waters, lands
and/or airs resulting from the introduction of a pollutant into these media.
That portion of the POTW designed to provide treatment to wastewater
and to treat sludge and residuals derived from such 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).
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.
The most recently revised or updated list, developed by the EPA,
in accordance with the act.
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.
A treatment works, as defined by § 212 of the Act, (33
U.S.C § 1292), which is owned, in this instance, by the Village
of Lowville. 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.
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.
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 Village Board.
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.
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 gray water.
(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."
Sewage which has characteristics greater than those of normal sewage
and/or which contains substances of concern.
A pipe or conduit for carrying or transporting sewage.
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.
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 village, including building laterals
up to the jurisdictional boundary.
A sewer which carries sewage and to which stormwater, surface water
and groundwaters are not intentionally admitted.
A sewer which carries stormwater and surface waters and drainage,
but excludes sewage and industrial wastewaters, other than cooling waters
and other unpolluted waters.
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).
Any discharge of 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 XI of this chapter.
Failure to meet, within 90 days after the scheduled date, a compliance
schedule milestone contained in a local control mechanism or enforcement order
for starting construction, completing construction or 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 constituent concentrations (see
"normal sewage") sufficient to cause interference. In any event, a discharge
which, in concentration of any constituent that exceeds, for any period of
duration longer than 15 minutes, more than five times the average twenty-four-hour
concentration during normal user operations, shall constitute a slug.
Any pollutant discharge violating the general prohibitions in Article IX.
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 Wastewater, 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 Effluents 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.
Those compounds which the New York State Department of Environmental
Conservation has determined may be harmful to man or the environment (see
Parameters of Concern[1]).
A mechanism used for removing water from a sump or wet well.
That individual nominated by the Mayor of the Village of Lowville
and confirmed by the Village Board of Trustees as the Superintendent of Public
Works. Such an individual shall be licensed to practice engineering in the
state, and otherwise qualified to oversee water treatment and distribution
and POTW operations. This definition shall also include his 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 floats 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 sum of the concentrations of toxic organic compounds found in
the industrial users discharge at a concentration greater than 0.01 milligrams
per liter.
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, tends to interfere with any biological sewage treatment
process or constitutes 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 discharger to the POTW who is discharging on or before the effective
date of this chapter.
A discharger to the POTW who discharges nondomestic wastewaters.
A discharger to the POTW who initiates discharge after the effective
date of this chapter.
The term "Significant Industrial User" refers to the following:
Any industrial user subject to National Categorical Pretreatment Standards.
Any industrial user that discharges an average of 25,000 gallons per
day or more of process wastewater to the POTW (excluding sanitary sewage,
noncontact cooling water and boiler blowdown wastewater).
Any industrial user that discharges 5% or more of the average dry weather
flow or loading of conventional pollutants received by the POTW treatment
plant.
Any industrial user designated by the Control Authority as having a
reasonable potential for adversely affecting the operation of the POTW or
for violating any pretreatment standard or requirement.
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[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.]
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The Village of Lowville, as incorporated on the 29th day of June,
1854.
The duly elected Board of Trustees of the Village of Lowville, or
their authorized deputy or representative.
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 XIII The volume charge, as well as the surcharge rates, shall be recalculated as deemed necessary by the Village Board of Trustees.
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.
A permit as set forth in Article X of this chapter.
See "sewage, unusual strength or character."
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.
[1]
Editor's Note: The Appendix entitled "Parameters of Concern"
is on file in the village offices.
The following abbreviations shall have the designated meanings:
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ANSI -
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American National Standards Institute
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ASTM -
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American Society for Testing and Materials
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AWWA -
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American Water Works Association
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BOD -
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Biochemical oxygen demand
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CFR -
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Code of Federal Regulations
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CPLR -
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Code of Public Law and Rules
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COD -
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Chemical oxygen demand
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EPA -
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Environmental Protection Agency
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L -
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Liter
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Mg -
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Milligram
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Mg/l -
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Milligrams per liter
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NCPI -
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National Clay Pipe Institute
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NPDES -
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National Pollutant Discharge Elimination System
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NYSDEC -
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New York State Department of Environmental Conservation
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NYSDOH -
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New York State Department of Health
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NYSDOT -
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New York State Department of Transportation
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P -
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Total phosphorus
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psi -
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Pounds per square inch
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POTW -
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Publicly owned treatment works
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PPM -
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Parts per million, weight basis
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SIC -
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Standard Industrial Classification
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SPDES -
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State Pollutant Discharge Elimination System
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SWDA -
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Solid Waste Disposal Act, 42 U.S.C. § 690 L et seq.
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U.S.C. -
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United States Code of Laws
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USEPA -
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United States Environmental Protection Agency
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TSS -
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Total suspended solids
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Terms not defined in this article or terms found to be ambiguous or
improperly defined in this article shall be defined by the Act, or regulations
pursuant thereto.
