Whenever used in this chapter, unless otherwise expressly stated
or required by subject matter or context, the following terms shall
have the meanings indicated:
ANNUAL ALLOCATED CAPACITY
The volume of flow and the amount of total suspended solids,
BOD and total Kjeldahl nitrogen which may be discharged to the sewer
system in any one-year period by an industrial user as specified in
the user's industrial wastewater discharge permit.
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER
(1)
A principal executive officer of at least the level of vice-president,
if the industrial user is a corporation.
(2)
A general partner or proprietor if the industrial user is a
partnership or proprietorship, respectively.
(3)
A duly designated representative of the individual designated
above if such representative is responsible for the overall operation
of the facilities from which the discharge originates.
BOARD or JOINT SEWER BOARD
The Gloversville-Johnstown Joint Sewer Board, established
under the contract between City of Gloversville and the City of Johnstown
for operation and maintenance of jointly owned facilities (including
interceptor sewers). The term includes any duly authorized designee,
agent or representative of the Board.
BOD (denoting "biochemical oxygen demand")
The quantity of oxygen used in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20° C., expressed in milligrams per liter in accordance with
40 CFR 136.
BUILDING SEWER
The extension from the building drain to the public sewer
or other place of disposal.
CBOD (denoting carbonaceous biochemical oxygen demand)
The quantity of oxygen used in the biochemical oxidation
of organic matter, excluding biochemical oxidation of nitrogen compounds,
under standard laboratory procedure in five days at 20° C., expressed
in milligrams per liter, in accordance with 40 CFR Part 136.
CITY
The City of Gloversville or the City of Johnstown, whichever
is appropriate in the context of usage.
COOLING WATER
The water discharges from any system of condensation, air
conditioning, cooling, refrigeration or other sources. It shall contain
no polluting substances which would produce BOD or suspended solids
each in excess of 10 milligrams per liter.
CUMULATIVE ALLOCATION
The sum of all industrial permitted loadings for each parameter
expressed in pounds per day. In all cases, cumulative allocation shall
not exceed the maximum allowable industrial loading.
[Added 2-28-2005 by L.L. No. 1-2005]
DEC
The New York State Department of Environmental Conservation.
DE MINIMUS CONCENTRATION
The minimum share of a pollutant distributed by the Joint
Sewer Board equivalent to 25% of the maximum allowable industrial
loading and divided by the total cumulative maximum industrial flow,
as expressed as a concentration (mg/l).
[Added 2-28-2005 by L.L. No. 1-2005]
EFFLUENT
Wastewater flowing from any industrial or municipal treatment
device or facility.
EPA
The United States Environmental Protection Agency.
FEDERAL ACT
The 1972 Federal Water Pollution Control Act amendments;
Public Law 92-500; Public Law 95-217; Public Law 97-117; Public Law
100-4 and any amendments thereto; as well as any regulations, guidelines,
limitations and standards and regulations promulgated by the United
States Environmental Protection Agency pursuant to the Act.
FLOW RATE
The quantity of waste or liquid that flows in a certain period
of time.
GARBAGE
Animal and vegetable wastes from the preparation, cooking
and disposing of food and from the handling, processing, storage and
sale of food products and produce.
HOLDING TANK WASTE
Any waste that is delivered to the plant by motor vehicles,
such as vessels, chemical toilets, campers, trailers, septic tanks
and vacuum pump tank trucks.
INDUSTRIAL TREATMENT RESIDUE
Any sludges, skimmings, screenings, solid matter or other
material resulting from an industrial wastewater treatment or pretreatment
process.
INDUSTRIAL USER
(1)
Any nonresidential user of the city and/or Town sewerage system
which is identified in the Standard Industrial Classification Manual,
1972, Office of Management and Budget, as amended and supplemented
under one of the following divisions:
(a)
Division A — Agriculture, forestry and fishing.
(c)
Division D — Manufacturing.
(d)
Division E — Transportation, communications, electrical,
gas and sanitary services.
(2)
The term shall include any user which discharges wastewater containing any of the substances listed in §§
59-15,
59-16 and
59-21 of this chapter.
INDUSTRIAL WASTE
Any discarded matter, including any liquid, gaseous or solid
substance or a combination thereof, resulting from any process of
industry, manufacturing, trade or business or from development or
recovery of natural resources, also known as "industrial treatment
residue." The term shall not include garbage.
INDUSTRY
Any establishment which uses water in a product or generates
wastewater during any period of production.
INFLUENT
Wastewater, raw or partly treated, flowing into any industrial
or municipal sewage treatment device or sewage treatment facility.
INTERFERENCE
The introduction of pollutants into the POTW from any nonresidential
user of the sewerage system regulated under Section 307 (b), (c) or
(d) of the Federal Act which, alone or in conjunction with a discharge
or discharges from other sources, both:
(1)
Inhibits or disrupts the POTW, its treatment processes or operations
or its sludge processes, use or disposal; and
(2)
Therefore is a cause of a violation of any requirement of the
POTW's NPDES permit, including an increase in the magnitude or duration
of a violation or of the prevention of sewage sludge use or disposal
in compliance with the following statutory provisions and regulations
or permits issued thereunder (or more stringent state or local regulations):
Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA)
[including Title II, more commonly referred to as the Resource Conservation
and Recovery Act (RCRA) and including state regulations contained
in any state sludge management plan prepared pursuant to Subtitle
D of the SWDA], the Clean Air Act, the Toxic Substances Control Act
and the Marine Protection Research and Sanctuaries Act.
JOINTLY-OWNED FACILITIES
Those wastewater treatment and conveyance structures which
are jointly owned by the cities of Gloversville and Johnstown, including
the Gloversville-Johnstown joint wastewater treatment facility, that
portion of the interceptor sewer which is jointly owned and any other
facilities identified in the contract between the City of Gloversville
and the City of Johnstown.
MAJOR CONTRIBUTING INDUSTRY (MCI)
A sewer user which:
(1)
Discharges wastewater in excess of 450,000 cubic feet in any
six-month period;
(2)
Discharges greater than 45,000 cubic feet of wastewater with
a pollutant concentration greater than 350 milligrams per liter BOD
or 400 milligrams per liter TSS or 70 milligrams per liter TKN in
any six-month period;
(3)
Discharges greater than 9,000 cubic feet of wastewater with
a pollutant concentration greater than 525 milligrams per liter BOD
or 600 milligrams per liter TSS or 105 milligrams per liter TKN in
any six-month period;
(4)
Discharges radioactive wastewater;
(5)
Is classified as a significant industrial user;
(6)
Discharges a pollutant in excess of the limits set in §
59-21 of this chapter;
(7)
Has a sewer discharge which, in the opinion of the Joint Sewer
Board, presents a threat to the physical integrity of the treatment
facility or presents the threat of interference to or pass-through
of the POTW.
MAXIMUM ALLOWABLE INDUSTRIAL LOADING
The calculated value of any parameter that can be adequately
treated by the POTW less domestic and safety factor loadings, expressed
in pounds per day.
[Added 2-28-2005 by L.L. No. 1-2005]
MAXIMUM MONTHLY LIMIT
Based on regular billing period and established as follows:
(1)
If billing period encompasses 30 calendar days or less, the
discharge is limited to the greater of:
(a)
Flow: 0.185 of annual allocated capacity or 2,800,000 gallons.
(b)
TSS: 0.135 of annual allocated capacity or 5,000 pounds.
(c)
BOD: 0.130 of annual allocated capacity or 6,500 pounds.
(d)
TKN: 0.130 of annual allocated capacity or 2,000 pounds.
(2)
If billing period encompasses 31 calendar days or more, discharge
is limited to the greater of:
(a)
Flow: 0.210 of annual allocated capacity or 3,200,000 gallons.
(b)
TSS: 0.155 of annual allocated capacity or 6,000 pounds.
(c)
BOD: 0.150 of annual allocated capacity or 7,500 pounds.
(d)
TKN: 0.150 of annual allocated capacity or 2,300 pounds.
PASS-THROUGH
The introduction of pollutants into the POTW from any nonresidential
user of the city and/or Town sewerage system regulated under Section
307 (b), (c) or (d) of the Federal Act which exits the POTW into waters
of the United States in quantities or concentrations which, alone
or in conjunction with a discharge or discharges from other sources,
is a cause of a violation of any requirement of the POTW's NPDES permit,
including an increase in the magnitude or duration of a violation.
PERSON
Any individual, firm, company, partnership, association and
private or public and municipal corporations, responsible corporate
officer, the United States of America, the State of New York, districts
and all political subdivisions, governmental agencies and mandatories
thereof.
pH
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions expressed in SU (standard units).
[Amended 2-28-2005 by L.L. No. 1-2005]
POLLUTANTS
May be defined now or hereafter by appropriate local, state
or federal authorities or by the Board as substances which may be
present in wastewater, whether gaseous, liquid or solid, in an amount
which may contain soluble or insoluble solids of organic or inorganic
nature which may deplete the dissolved oxygen content of natural waters,
contribute solids, contain oil, grease or floating solids which may
cause unsightly appearance on the surface of such waters or contain
materials detrimental to aquatic life.
POTW PLANT
That portion of the POTW designed to provide treatment to
wastewater also known as the "Gloversville-Johnstown Joint Wastewater
Treatment facility" or "wastewater treatment plant" or "sewage treatment
plant" or "treatment works."
PREMISES
Any parcel of real property, including land, improvements
or appurtenances or buildings, grounds, etc.
PRETREATMENT OR TREATMENT
The reduction of the amount of pollutants, the elimination
of pollutants or the alteration of the nature of pollutant properties
in wastewater or 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 obtained by physical, chemical or biological
processes or process changes by other means, except as prohibited
by 40 CFR 403.6(d).
PRIVATE SEWER
A sewer either on private property or in a public street
which is not controlled by a public agency.
PUBLIC SEWER
A sewer in which all owners of abutting properties have equal
rights and which is owned by the city, Town or a Town sewer district.
PUBLICLY OWNED TREATMENT WORKS (POTW)
Treatment works, as defined by Section 212 of the Act (33
USC 1982), which, in this instance, includes the Gloversville-Johnstown
joint wastewater treatment facility. The term includes all public
sewers that convey wastewater to the POTW treatment plant; also known
as "sewerage system."
SANITARY SEWAGE
Includes toilet, bathroom, lavatory, household laundry and
kitchen sink waste.
SANITARY SEWER
A sewer intended to carry only sanitary or sanitary and industrial
wastewater from residences, commercial buildings, industries and institutions.
SEWER
A pipe or conduit for carrying wastewater; includes sanitary
sewers and combined sewers.
SEWER SYSTEM
All sewers, laterals, pump stations or other facilities which
convey sewage to the treatment plant.
SHREDDED GARBAGE
Garbage shredded to such a degree that all particles will
be carried freely under flow conditions normally prevailing in public
sewers, with no particle having a dimension greater than 1/2 inch
in any direction.
SIGNIFICANT INDUSTRIAL USERS
Those industries meeting one or more of the following criteria:
(1)
All industrial facilities subject to promulgated categorical
pretreatment standards.
(2)
Industrial facilities having substantial impact, either singly
or in combination with other industrial facilities, on the operation
of the treatment works.
(3)
A single industrial facility using, on an annual basis, more
than 10,000 pounds or 1,000 gallons of any substance defined as a
priority pollutant and/or substance of concern and discharging a measurable
amount of that substance to the sewer system from the process using
that substance.
(4)
Those industries discharging more than 5% of the average daily
flow or more than 5% of the load of conventional pollutants tributary
to the treatment plant receiving the waste.
SPDES PERMIT
A wastewater discharge permit issued by the DEC under the
state pollutant discharge elimination system.
STORM SEWER
A sewer intended to carry only stormwaters, surface runoff,
street wash waters and drainage.
SUBSTANCES OF CONCERN
Those compounds which the United States Environmental Protection
Agency or New York State Department of Environmental Conservation
has determined may be harmful to man or the environment.
[Added 2-28-2005 by L.L. No. 1-2005]
TOWN
The Town of Johnstown, New York, or its designee.
TOXIC POLLUTANT
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the Administrator of the USEPA under
Section 307(a) of the Federal Act or other acts.
UNPOLLUTED WATER
Stormwater, swimming pool water, surface water, roof runoff,
subsurface drainage, uncontaminated cooling water or any other such
water to which no constituent has been added, either intentionally
or accidentally, which would render such water unacceptable to the
agency having jurisdiction thereof for disposal to storm or natural
drainages or directly to surface waters.
USER
Any person who contributes, causes or permits the contribution
of wastewater into the Gloversville-Johnstown wastewater treatment
facility.
WASTEWATER
The water-carried domestic, human or animal waste from residences,
buildings, industries or other places, together with such ground infiltration,
industrial and commercial wastes as may be present.
WASTEWATER CONSTITUENTS AND CHARACTERISTICS
The individual chemical, physical, bacteriological and radiological
parameters including volume, flow rate and such other parameters that
serve to define, classify and measure the contents, quality, quantity
and strength of wastewater.
WASTEWATER, NORMAL
Wastewater, sewage, septage or other wastes, which do not
contain any substances of concern or show by analysis the following
characteristics:
[Added 2-28-2005 by L.L. No. 1-2005]
(1)
Oil and grease: 150 mg/l or less.
(2)
Cyanide: 0.02 mg/l or less.
(3)
Antimony: 0.32 mg/l or less.
(4)
Arsenic: 0.03 mg/l or less.
(5)
Cadmium: 0.004 mg/l or less.
(6)
Chromium (total): 1.7 mg/l or less.
(7)
Chromium (hex.): 0.03 mg/l or less.
(8)
Copper: 0.12 mg/l or less.
(10)
Nickel: 0.11 mg/l or less.
(11)
Selenium: 0.01 mg/l or less.
(12)
Silver: 0.01 mg/l or less.
(13)
Thallium: 0.01 mg/l or less.