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 whose concentration of one or more characteristics of normal sewage exceeds the maximum concentrations of the characteristics of normal sewage. See "normal sewage."
ACT or "THE ACT"
The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq., as the same may be amended.
ADMINISTRATOR
The Regional Administrator of the U.S. Environmental Protection Agency (USEPA), Region II.
AMMONIA
The analytical result obtained, using an approved laboratory procedure, to determine the quantity of ammonia in a sample, expressed as milligrams of nitrogen per liter.
APPLICANT
That person who makes application for any permit. The applicant may be an owner, current, former or new, or his agent.
APPROVAL AUTHORITY
The United States Environmental Protection Agency (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 sewer district, for flow measurement or determination of the concentration of pollutants or their surrogates in waters, wastewaters, and/or sludges.
ASTM (denoting "American Society for Testing and Materials")
The latest edition of any ASTM specification, when stipulated in this chapter, or any successor specifications.
ATTORNEY FOR THE TOWN
The duly appointed attorney for the Town Board of the Town of Wawayanda.
AUTHORIZED REPRESENTATIVE OF AN 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 or managing partner or proprietor, if the industrial user is a partnership or proprietorship, respectively;
C. 
A managing member, if the industrial user is a limited liability company; or
D. 
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.
[Added 12-29-2022 by L.L. No. 1-2023[1]]
E. 
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 duly authorized representative shall be identified in writing. The authorization shall specify the individual or position responsible for the overall operation of the facility from which the discharge originates or have an overall responsibility for environmental matters for the company and the written authorization is submitted to the Town of Wawayanda.
[Amended 12-29-2022 by L.L. No. 1-2023]
BEST MANAGEMENT PRACTICES (BMPs)
BMPs refers to schedules of activities, prohibition of practices, maintenance procedures, and other management practices to implement the prohibitions listed in 40 CFR 403.5(a)(1)(b). BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spills or leaks, sludge or waste disposal, or drainage from raw materials storage.
[Added 12-29-2022 by L.L. No. 1-2023]
BOD (denoting "biochemical oxygen demand")
The quantity of oxygen utilized in the aerobic biochemical oxidation of organic matter under a standard laboratory procedure in five days at 20º C., expressed in parts per million, by weight.
BUILDER
Any person who undertakes to construct a building or any part of a building, either under contract or for resale.
BUILDING DRAIN
That part of the lowest horizontal piping of a building drainage system which receives the discharge from soil, waste, and other drainage pipes inside the building walls and conveys it to the building lateral, which begins five feet outside the inner face of the building wall.
BUILDING INSPECTOR
The duly appointed Building Inspector of the Town of Wawayanda.
BUILDING SEWER
The extension from the building drain to the public sewer or other place of disposal.
CATEGORICAL INDUSTRIAL USER
An industrial user subject to a categorical pretreatment standard or categorical standard.
[Added 12-29-2022 by L.L. No. 1-2023]
CATEGORICAL PRETREATMENT STANDARD OR CATEGORICAL STANDARD
Any regulation containing pollution discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. § 1317) that applies to a specific category of users and that appear in 40 CFR Chapter 1 Subchapter N Parts 405 through 471.
[Added 12-29-2022 by L.L. No. 1-2023]
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 (mg/L).
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 mg/L.
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.
COMBINED SEWER
A sewer receiving both stormwater surface runoff and sanitary sewage.
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").
CONNECTION CHARGE (TAP FEE)
The one-time application fee to offset Town expenses to process an application for a connection of a building/street lateral to the public sewer. The fee also covers plan review, permit issuance, and inspection costs. The fee may be scaled (upward or downward, in the Town's reasonable discretion) to the amount of work involved or to the size of the public sewer involved.
CONTROL AUTHORITY
The term shall refer to "approval authority" or to the Town when the Town has an approved pretreatment program under the provisions of 40 CFR 403.11.
CONTROL MANHOLE
A manhole accessible to the control authority in or upstream of the street lateral, such that 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 mg/L or toxic substances, as limited elsewhere in this chapter.
COUNTY
The County is Orange County, New York.
CURRENT OWNER
See "former or current owner."
DAILY DISCHARGE
The discharge of a pollutant measured during a calendar day or any twenty-four-hour period that reasonably represents the calendar day for the purpose of sampling. For pollutants with limitations expressed in units of mass, the daily discharge is calculated as the total mass of the pollutant discharged over the day. For pollutants with limitations expressed in other units of measurement, the daily discharge is calculated as an average measurement of the pollution over the day.
[Added 12-29-2022 by L.L. No. 1-2023]
DAILY MAXIMUM
The daily average of all effluent samples for a pollutant collected during a calendar day or any twenty-four-hour period that reasonably represents a calendar day for the purpose of sampling.
[Added 12-29-2022 by L.L. No. 1-2023]
DAILY MAXIMUM LIMIT
The maximum allowed discharge limit of a pollutant during a calendar day or any twenty-four-hour period that reasonably represents a calendar day for purposes of sampling. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limits are expressed in terms of concentration, the daily discharge is the average measurement of the pollutant concentration derived from all measurements taken that day.
[Added 12-29-2022 by L.L. No. 1-2023]
DEVELOPER
Any person who uses land for the purpose of constructing, or causing to be constructed, buildings for which facilities or systems to dispose wastewater are required.
DIRECT DISCHARGE
The discharge of treated or untreated wastewater directly to the waters of the State of New York (for reference, see "indirect discharge").
DOMESTIC WASTE
See "sewage, domestic."
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 storm 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, the control manhole, provided the samples collected from the control manhole are representative of the discharge to the POTW.
END OF PIPE CONCENTRATION
The concentration of a substance in a sample of wastewater at end of pipe.
END OF PROCESS CONCENTRATION
See "national categorical pretreatment standard."
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, and also means any successor agency to the EPA.
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 by treatment in a wastewater treatment facility.
FLOW RATE
The quantity of liquid or waste that flows in a certain period of time.
FORMER OR CURRENT OWNER
That individual or entity who owns or owned a property, within the service area of the POTW, purchased prior to the effective date of this chapter, or who inherited the property at any time and intends to sell the property or has sold the property to a new owner, and also includes the agent of the former or current owner.
GARBAGE
The solid wastes from the preparation, cooking, and dispensing of food; from the handling, storage, and sale of produce; and from the packaging and canning of food.
GRAB SAMPLE
A single sample of wastewater representing the physical, chemical, and biological characteristics of the wastewater at one point and time.
ICS FORM
The form used by the NYSDEC (or any successor form) to survey industries to perform and update the Industrial Chemical Survey.
INDIRECT DISCHARGE
The introduction of wastewater into a POTW for treatment and ultimate discharge of the treated effluent to the state's waters (for reference, see "direct discharge").
INDUSTRIAL
Meaning or pertaining to industry, manufacturing, commerce, trade, business, or institution, and is distinguished from domestic or residential.
INDUSTRIAL CHEMICAL SURVEY (ICS)
The survey of industries in New York State, initiated by the NYSDEC, to determine chemical usage and storage by those industries.
INDUSTRIAL USER
See "user, industrial."
INDUSTRIAL WASTES
The liquid or liquid-carried solid, liquid and/or gaseous wastes from industrial manufacturing processes, trade, service, utility, or business, as distinct from sanitary sewage.
INFILTRATION
Water, other than wastewater, that enters a sewer system (excluding building drains) from the ground through such means as defective pipes, pipe joints, connections, or manholes. Infiltration does not include, and is distinguished from, inflow. Infiltration is inadvertent, that is, not purposely designed or built into the sewer or drain.
INFLOW
Water, other than wastewater, that enters a sewer system (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, sometimes without approval of the Town.
INSTANTANEOUS LIMIT
The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discreet or composite sample collected, independent of the industrial flow rate and the duration of the sampling.
[Added 12-29-2022 by L.L. No. 1-2023]
INTERFERENCE
An inhibition or disruption of the POTW, its treatment processes or operations, or its sludge processes, use or disposal which is a cause, in whole or in part, of a violation of any requirement of the Town 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 11, more commonly referred to as the "Resource Conservation and Recovery Act-RCRA"), and including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D or the SWDA).
C. 
The Clean Air Act.
D. 
The Toxic Substance Control 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.
MEDICAL WASTE
Isolation waste, infectious agents, human blood and blood products, pathological waste, sharps, body parts, contaminated bedding, surgical waste, potentially contaminated laboratory waste, and dialysis waste.
[Added 12-29-2022 by L.L. No. 1-2023]
MONTHLY AVERAGE
The sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that month.
[Added 12-29-2022 by L.L. No. 1-2023]
MONTHLY AVERAGE LIMIT
The highest allowable average of a daily discharge or a calendar month, calculated as the sum of all daily discharges measured during the calendar month divided by the number of daily discharges measured during that month.
[Added 12-29-2022 by L.L. No. 1-2023]
NATIONAL CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD
Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(B) and (C) of the Act (22 U.S.C. § 1347), which applies to a specific category of industrial users. These standards apply at the end of the categorical process ("end of process").
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT
A permit issued pursuant to Section 402 of the Act (33 U.S.C. § 1342).
NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE STANDARD
Any regulation developed under the authority of Section 307(B) of the Act and 40 CFR Section 403.5.
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake, or other body of surface water or groundwater.
NEW OWNER
That individual or entity who purchased property within the service area of the POTW after the effective date of this chapter, and also includes the agent of the new owner.
NEW SOURCE
Any source, the construction of which is commenced after the publication of the proposed regulation prescribing a Section 307(C) (33 U.S.C. § 1317) categorical pretreatment standard which will be applicable to such source, if such standard is thereafter promulgated in accordance with that section.
NEW USER
A discharger to the POTW who commences discharge after the effective date of this chapter.
NONCONTACT COOLING WATER
Water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product or finished product.
[Added 12-29-2022 by L.L. No. 1-2023]
NORMAL SEWAGE
See "sewage, normal."
NUISANCE
The use or lack of use of the POTW in such a manner so as to endanger life or health, give offense to the senses, or obstruct or otherwise interfere with the reasonable use or maintenance of the POTW.
NYSDEC
The New York State Department of Environmental Conservation.
OIL AND GREASE
The analytical result obtained when using an approved laboratory procedure to determine the quantity of fats, wax, grease, and oil in a sample, expressed in mg/L.
OTHER WASTES
Garbage (shredded or unshredded), refuse, wood, eggshells, coffee grounds, sawdust, shavings, bark, sand, lime, ashes, and all other discarded matter not normally present in sewage or industrial wastes. Also, the discarded matter not normally present in sewage or industrial waste.
PASS-THROUGH
The discharge which exits the Town 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).
PERMIT
A temporary revocable written document allowing use of the POTW for specified wastes over a limited period of time, containing sampling locations and reporting frequencies, and requiring other actions as authorized by this chapter.
PERSON
Any individual, firm, company, association, society, corporation, limited liability company or group.
pH
The logarithm (base 10) of the reciprocal of the weight of hydrogen ions, in gram moles per liter of solution. A pH value of 7.0, the pH scale midpoint, represents neutrality. Values above 7.0 represent alkaline conditions. Values below 7.0 represent acid conditions.
PHOSPHORUS, TOTAL
See "total phosphorus."
POLLUTANT
Any material placed into or onto the state's waters, lands and/or airs 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, lands and/or airs resulting from the introduction of a pollutant into these media.
POTW TREATMENT PLANT
That portion of the POTW designed to provide treatment to wastewater.
PRETREATMENT REQUIREMENTS
Any substantive procedural requirement related to pretreatment, other than a national pretreatment standard imposed on an industrial user.
PRETREATMENT STANDARD or NATIONAL PRETREATMENT STANDARD
Any categorical standard or prohibitive discharge standard.
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, by process changes, or by other means, except as prohibited by 40 CFR Section 403.6(D).
PRIORITY POLLUTANTS
The most recently revised or updated list, developed by the EPA, in accordance with the Act.
PRIVATE SEWAGE DISPOSAL SYSTEM
A privately owned system (also referred to as "private wastewater disposal system") that provides the means for the disposal of sewage, excreta, kitchen wastes, sink wastes, industrial or commercial wastes or laundry wastes through the use of pipes, septic tank(s), leaching pit(s), subsurface tile field systems, subsurface sand filters or other means approved by the Building Inspector or the Town Engineer.
PROHIBITIVE DISCHARGE STANDARD
See "national prohibitive discharge standard."
PROPERLY SHREDDED GARBAGE
The wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers and with no particle having a dimension greater than 1/2 inch in any dimension.
PUBLICLY OWNED TREATMENT WORKS (POTW)
A treatment works, as defined by Section 212 of the Act (33 U.S.C. 1292). 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.
PUBLIC SEWER
A sewer in which all owners of abutting properties have equal rights and which is controlled by a public authority.
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 and dispose of water collecting on or running off the surface of a roof.
SANITARY SEWER
A sewer which carries sewage and to which storm-, surface, and groundwaters are not intentionally admitted.
SEPTAGE
All liquids and solids in and removed from septic tanks, holding tanks, cesspools, or approved types of chemical toilets, including but not limited to those serving private residences, commercial establishments, institutions, and industries. Also, sludge from small sewage treatment plants. Septage shall not have been contaminated with substances of concern or priority pollutants.
SEPTIC TANK
A private domestic sewage treatment system consisting of an underground tank (with suitable baffling), constructed in accordance with any and/or all local and state requirements.
SERVICE AREA OF THE POTW
The legally defined bounds of real property from which wastewater may be discharged into the POTW. The bounds shall be established, altered, changed, modified, reduced, enlarged, combined, or consolidated by action of the Town Board.
SEWAGE
A combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments and such ground-, surface, and stormwater as may be present.
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.
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 mg/L) or less.
(2) 
Suspended solids: 2,500 pounds per million gallons (300 mg/L) or less.
(3) 
Phosphorus: 125 pounds per million gallons (15 mg/L) or less.
(4) 
Ammonia: 250 pounds per million gallons (30 mg/L) or less.
(5) 
Total Kjeldahl nitrogen: 417 pounds per million (50 mg/L) or less.
(6) 
Chlorine demand: 209 pounds per million gallons (25 mg/L) or less.
(7) 
Chemical oxygen demand: 2,920 pounds per million gallons (350 mg/L) or less.
(8) 
Oil and grease: 830 pounds per million gallons (100 mg/L) 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 waste").
SEWAGE TREATMENT PLANT (WATER POLLUTION CONTROL PLANT)
See "POTW Treatment Plant." Any arrangement of devices and structures used for treating sewage.
SEWAGE, UNUSUAL STRENGTH OR CHARACTER
Sewage which has characteristics greater than those of normal sewage and/or which contains substances of concern.
SEWER
A pipe or conduit for carrying or transporting sewage.
SEWER, COMBINED
A sewer designed to receive and transport both surface runoff and sewage.
SEWER DISTRICT
A district legally formed under New York State law and recognized by the Town of Wawayanda for the purpose of collecting, transporting, pumping, and/or treating wastewater within the Town of Wawayanda.
SEWER, PUBLIC
A sewer in which all abutting property owners have equal rights and the use of which is controlled by the Town.
SEWER, SANITARY
A sewer which carries sewage and to which storm-, surface, and groundwaters are not intentionally admitted.
SEWER, STORM (STORM DRAIN)
A sewer which carries stormwaters and surface waters and drainage but excludes sewage and industrial wastewaters, other than cooling waters and other unpolluted waters.
SEWERAGE SURCHARGE
The demand payment for the use of a public sewer and/or sewage treatment plant for the handling of any sewage, industrial wastes, or other wastes accepted for admission thereto in which the characteristics thereof exceed the maximum values of such characteristics in normal sewage. See "volume charge."
SEWERAGE SYSTEM (also POTW)
All facilities for collecting, regulating, pumping, and transporting wastewater to and away from the POTW treatment plant.
SIGNIFICANT INDUSTRIAL USER
See "user, significant industrial."
SIGNIFICANT NONCOMPLIANCE (SNC)
A user is in significant noncompliance if its violation(s) meet(s) one or more of the following criteria:
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.
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 multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil and grease; TRC = 1.2 for all other pollutants).
C. 
Any other violation of a pretreatment effluent limit (daily maximum or long-term average) that the sewer district 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 or welfare or to the environment or has resulted in the sewer district's exercise of its 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 local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance.
F. 
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 schedules.
G. 
Failure to report accurately any noncompliance.
H. 
Any other violation which the Town determines will adversely affect the implementation or operation of the local pretreatment program.
I. 
The user received a violation notice from the EPA or the New York State Department of Environmental Conservation for operations involving sewage of any type.
SLUG
A substantial deviation from normal rates of discharge or constituent concentration (see "normal sewage") sufficient to cause interference. In any event, a discharge that, in concentration of any constituent or in quantity of flow, exceeds, for any period of duration longer than 15 minutes, more than five times the average twenty-four-hour concentration or flow during normal user operations shall constitute a slug.
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972, and subsequent revisions.
STANDARD METHODS
Procedures contained in the latest edition of "Standard Methods for the Examination of Water and Wastewater" published by the American Public Health Association; procedures established by the Administrator pursuant to Section 304(G) of the Act and contained in 40 CFR Part 136, and amendments thereto (If 40 CFR Part 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.); any other procedure approved by the Administrator; or any other procedure approved by the Town, whichever is the most conservative or comprehensive.
STATE
The State of New York.
STATE POLLUTION DISCHARGE ELIMINATION SYSTEM (SPDES PERMIT)
A permit used pursuant to Section 402 of the Act (33 U.S.C. § 1342).
[Added 12-29-2022 by L.L. No. 1-2023]
STATE'S WATERS
See "waters of the state."
STORMWATER
Any flow 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.
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, are in suspension, or are settleable and can be removed from the sample by filtration, expressed in mg/L.
SYSTEM OPERATOR
That individual duly appointed by the Town Board as the sewer district System Operator. Such an individual shall be certified by New York State to operate the sanitary sewer system and treatment facilities and is otherwise qualified to oversee wastewater treatment and collection facilities. This definition shall also include his authorized deputy, agent, or representative. In carrying out his duties as set forth in this chapter, the System Operator is authorized and encouraged to seek the advice and assistance of the Town Engineer.
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.
TOTAL SUSPENDED SOLIDS or SUSPENDED SOLIDS
Solids that either float on the surface of, or are in suspension of, water, sewage, or other liquids and which are removable by laboratory filtering.
[Added 12-29-2022 by L.L. No. 1-2023]
TOWN
The Town of Wawayanda, Orange County, New York, acting through the Town Board.
TOWN ENGINEER
The duly appointed engineer for the Town of Wawayanda.
TOXIC SUBSTANCES
Any substance, whether gaseous, liquid, or solid, that when discharged to a public sewer in sufficient quantities may be hazardous to POTW operation and maintenance personnel, tend to interfere with any biological sewage treatment process, or 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 the Clean Water Act, Section 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 wastewater.
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 Town's 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.
(5) 
Discharges on average of 25,000 gpd or more of process wastewater to sewer system.
[Added 12-29-2022 by L.L. No. 1-2023]
(6) 
Designated on the basis that an industrial user has a reasonable potential for adversely effecting the POTW’s operation or for violating any pretreatment standard or requirement in accordance with 40 CFR 403.8(f)(6).
[Added 12-29-2022 by L.L. No. 1-2023]
B. 
Upon a finding that a user meeting the criteria above has no reasonable potential for adversely effecting the POTW’s operation or for violating any pretreatment standard or requirements, the Town may, at any time, on its own initiative or in response to a petition received from an industrial user, and in accordance with procedures 40 CFR 403.8(f)(6), determine that such a user should not be considered a significant industrial user.
[Added 12-29-2022 by L.L. No. 1-2023[2]]
C. 
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.
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 sewage collection system (There may be surcharges, as provided for in Article XII.) The volume charge shall be based on a specific cost per 1,000 gallons. The specific charge shall be subject to approval by the Town Board.
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.
WASTEWATER DISCHARGE PERMIT
A permit as set forth in Article X of this chapter.
WASTEWATER, UNUSUAL STRENGTH OR CHARACTER
See "sewage, unusual strength or character."
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.
WELL
A drilled, dug, or driven structure that connects a subsurface aquifer or groundwater source to the ground surface. Typically, wells are used to withdraw groundwater for domestic, municipal, or industrial use.
[1]
Editor's Note: This local law also redesignated former Subsection D as Subsection E.
[2]
Editor's Note: This local law also redesignated former Subsection B as Subsection C.
[Amended 12-29-2022 by L.L. No. 1-2023]
The following abbreviations shall have the designated meanings:
ANSI
American National Standards Institute
ASTM
American Society for Testing and Materials
AWWA
American Water Works Association
BOD
Biochemical oxygen demand
BMP
Best management practice
BMR
Baseline monitoring report
CFR
Code of Federal Regulations
COD
Chemical oxygen demand
CPLR
Code of Public Law and Rules
EPA
Environmental Protection Agency
gpd
Gallons per day
IU
Industrial user
L
Liter
Mg
Milligram
mg/L
Milligrams per liter
NCPI
National Clay Pipe Institute
NPDES
National Pollutant Discharge Elimination System
NYSDEC
New York State Department of Environmental Conservation
NYSDOH
New York State Department of Health
NYSDOT
New York State Department of Transportation
P
Total phosphorus
POTW
Publicly owned treatment works
ppm
Parts per million, weight basis
psi
Pounds per square inch
RCRA
Resource Conservation and Recovery Act[1]
SIC
Standard industrial classification
SIU
Significant industrial user
SNC
Significant noncompliance
SPDES
State Pollutant Discharge Elimination System
SWDA
Solid Waste Disposal Act, 42 U.S.C. § 690L et seq.
TSS
Total suspended solids
U.S.C.
United States Code of Laws
USEPA
United States Environmental Protection Agency
TSS
Total suspended solids
[1]
Editor's Note: See 42 U.S.C.A. § 6901 et seq.
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 issued pursuant thereto, or by the Town.