Unless otherwise stated in the section where the term is used in this Part 2, the meaning of terms used in this Part 2 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.
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.
That person who makes application for any permit. The applicant
may be an owner, new or old, or his agent.
Any person who undertakes to construct a building or any
part of a building, either under contract or for resale.
Meaning or pertaining to industry, manufacturing, commerce,
trade, business, or institution, and is distinguished from domestic
or residential.
Attachment of one user to a sewer. See "extension."
The one-time application fee to offset Sewer District 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,
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.
A pollutant that the POTW treatment plant is designed to
treat, defined in accordance with the Act.
The county in which the Town is located, which is Albany
County.
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."
An acquired legal right for the specific use of land owned
by others.
An EDU is a unit of measure used to estimate the amount of
wastewater generated by a typical service connection.
Attachment of a sanitary sewer line, with more than one user,
to an existing sanitary sewer line.
All buildings, other structures, grounds and contiguous property
at any locations related to or connected with a user at the user's
location.
The solid wastes from the preparation, cooking, and dispensing
of food, from the handling, storage, or sale of produce, or from the
packaging and canning of food.
A process to hear and decide disagreements between the user
of the POTW and the Town Board.
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."
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.
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, floor 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.
A device on user's property to remove oil, grease, sand and
other materials from sewage prior to discharge to a POTW sewer.
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
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 statutes:
Section 405 of the Clean Water Act;
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;
Clean Air Act;
Toxic Substances Control Act; and
Marine Protection Research and Sanctuaries Act.
The sanitary sewer extension from the building to the street
lateral or other place of wastewater disposal.
The sanitary sewer extension from the public sewer to the
property line.
That individual or entity who purchased property within the
service area of the Sewer District after the effective date of this
Part 2.
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(c)] 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 Part 2.
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.
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.
That individual or entity who owns or owned a property within
the service area of the POTW.
The discharge which exits the 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 Part 2.
Any individual, public or private corporation, political
subdivision, federal, state, or local agency or entity, association,
trust, estate or any other legal entity whatsoever.
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.
See "publicly owned treatment works."
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 an intercepter using a physical,
chemical, or biological process, process changes, or by other means,
except as prohibited by 40 CFR 403.6D.
An independent sanitary system, usually consisting of a septic
tank and disposal field, constructed in accordance with any and/or
all local and state requirements.
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 Section 212 of the Act (33
U.S.C. § 1292), which is owned, in this instance, by the
Town of Berne. 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.
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.
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.
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 whose concentration of one or more characteristics
of normal sewage exceeds the maximum concentrations of the characteristics
of normal sewage. See "sewage, normal."
Liquid wastes from the noncommercial preparation, cooling,
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. 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."
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.
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 runoff (i.e.,
stormwater) and sanitary sewage.
The Town of Berne Sewer District No. 1, which was duly created
by law.
A sewer in which all abutting property owners have equal
rights and the use of which is controlled by the Town.
A sewer which carries sanitary sewage, and to which storm,
surface, and ground waters are not intentionally admitted.
A sewer which carries storm and surface waters and drainage,
but excludes sewage and industrial wastewaters, other than cooling
waters and other unpolluted waters.
Residual solids that are generated by the treatment of wastewater
to remove pollutants.
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 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.
A NYSDEC permit issued under the State Pollution Discharge
Elimination System for the discharge of treated effluent from a wastewater
treatment plant. See also the definition of "wastewater discharge
permit."
The State of New York.
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.
A mechanism used for removing water from a sump or wet well.
The results 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.
The Town of Berne.
The governing body of the Town.
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 to 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 CWA Clean Water Act Section 307(a)[1] or other acts.
Any person who contributes, causes, or permits the contribution
of wastewater into the POTW.
A parcel of land within the Sewer District, without a dwelling
or commercial building, which is determined to be a buildable lot
in conformance with the Town Zoning Ordinance.[2]
A parcel of land within the Sewer District, without a dwelling
or commercial building, which is determined not to be a buildable
lot in conformance with the Town Zoning Ordinance.[3]
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.
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.
The following abbreviations shall have the designated meanings:
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CFR
|
Code of Federal Regulations
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EPA
|
Environmental Protection Agency
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l
|
liter
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|
mg
|
milligram
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mg/l
|
milligrams per liter
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NPDES
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National Pollutant Discharge Elimination System
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NYSDEC
|
New York State Department of Environmental Conservation
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NYSDOH
|
New York State Department of Health
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NYSDOT
|
New York State Department of Transportation
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POTW
|
publicly owned/treatment works
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ppm
|
parts per million, weight basis
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RCRA
|
Resource Conservation Recovery Act
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SPDES
|
State Pollutant Discharge Elimination System
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SWDA
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Solid Waste Disposal Act, 42 U.S.C. § 6901 et seq.
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U.S.C.
|
United States Code of Laws
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USEPA
|
United State Environmental Protection Agency
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