This chapter may be known and cited as the "City of Fulton Wastewater
Disposal Local Law."
A.
ACT or THE ACT
APPLICANT
ASTM (denoting "American Society for Testing and Materials")
BOD (denoting "biochemical oxygen demand")
BUILDER
BUILDING DRAIN
BYPASS
CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD
CFR
CITY
CITY ENGINEER
CITY SEWER SYSTEM
COMBINED SEWER
COMMON COUNCIL
COMPATIBLE POLLUTANT
COMPOSITE SAMPLE
COOLING WATER
DEVELOPER
DIRECT DISCHARGE
DOMESTIC WASTES
EASEMENT
EFFLUENT
ENFORCEMENT OFFICER
EXISTING SOURCE
FLOATABLE OIL
FLOW RATE
GARBAGE
GRAB SAMPLE
INCOMPATIBLE POLLUTANT
INDIRECT DISCHARGE
INDUSTRIAL CHEMICAL SURVEY (ICS)
INDUSTRIAL USER
INDUSTRIAL WASTES
INDUSTRY
INFILTRATION
INFLOW
INFLUENT
INTERFERENCE
(1)
(a)
(b)
[1]
[2]
[3]
[4]
[5]
[6]
(2)
LATERAL, BUILDING
LATERAL, STREET
LOCAL LIMITS
LOCAL SHARE DEBT SERVICE (DEBT SERVICE)
(1)
(a)
[1]
[2]
[3]
[4]
(b)
(2)
(3)
MEDICAL WASTE
NATURAL OUTLET
NEW SOURCE
(1)
(a)
(b)
(c)
(2)
(3)
(a)
[1]
[2]
(b)
NYSDEC
NYSDOT
OWNER
PASS-THROUGH
PERMIT
PERSON
pH
POLLUTANTS
(1)
(2)
PRETREATMENT
PRETREATMENT REQUIREMENT(S)
PRETREATMENT STANDARDS
PRIORITY POLLUTANTS
PROPERLY SHREDDED GARBAGE
PROPERTY LINE
PUBLICLY OWNED TREATMENT WORKS or POTW
PUBLIC NUISANCE
PUBLIC SEWER
SANITARY SEWER
SEWAGE
SEWER
SIGNIFICANT INDUSTRIAL USER (SIU)
(1)
(2)
(a)
(b)
(c)
SLUG
STATE POLLUTION DISCHARGE ELIMINATION SYSTEM (SPDES) PERMIT
STORM SEWER or STORM DRAIN
SUBDIVISION
SUBSTANCES OF CONCERN
SUSPENDED SOLIDS
TOTAL KJELDAHL NITROGEN (TKN)
TOTAL PHOSPHORUS
TOXIC SUBSTANCES
TREATMENT PLANT
UNPOLLUTED WATER
UPSET
USEPA
USER
USER CLASSIFICATION
WASTEWATER
WASTEWATER FACILITIES
WASTEWATER TREATMENT PLANT
WATERCOURSE
Unless the context specifically indicates otherwise, the meanings
of words and terms used in this chapter shall be as follows:
Refers to the Federal Water Pollution Control Act, also known
as the "Clean Water Act," as amended, 33 U.S.C. § 1251 et
seq.
[Added 11-7-1996 by L.L. No. 15-1996]
Any person who makes application for any permit. The applicant
may be an owner or operator of a facility which is a user of the POTW.
[Added 11-7-1996 by L.L. No. 15-1996]
The latest edition of their specifications when stipulated
in this chapter.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20° C., expressed in milligrams per liter, also expressed as
BOD5.
Any person who undertakes to construct any building, either
under contract or for resale.
That part of the lowest horizontal piping of a drainage system
which receives the discharge from soil, waste and other drainage pipes
inside the walls of the building and conveys it to the building lateral,
beginning five feet outside the inner face of the building wall.
The intentional diversion of waste streams from any portion
of an industrial user's treatment facility.
[Added 11-7-1996 by L.L. No. 15-1996]
Any regulation containing pollutant discharge limits promulgated
by EPA in accordance with Section 307(b) and (c) of the Act [33 U.S.C.
§ 1317(b), (c)] or by the State of New York, Department
of Environmental Conservation, which apply to a specific category
of users.
[Added 11-7-1996 by L.L. No. 15-1996]
Code of Federal Regulations.
[Added 3-15-1994 by L.L. No. 6-1994]
The City of Fulton, New York.
The duly appointed City Engineer of the City of Fulton, New
York, or a consulting professional engineer retained by the City of
Fulton.
All sewers, laterals, pump stations, treatment plants or
works, or other connections which connect with or pertain to a connection
with the sewers, plants, public works and/or other projects of the
City.
[Added 11-7-1996 by L.L. No. 15-1996]
A sewer intended to receive both wastewater and stormwater
or surface water.
The duly elected Common Council of the City of Fulton or
its authorized deputy or representative.
Biochemical oxygen demand, suspended solids, total phosphorus,
total Kjeldahl nitrogen, pH and fecal coliform bacteria and such additional
pollutants as are now or may be in the future specified and controlled
in the City's SPDES permit for its wastewater treatment works where
said works have been designed and used to reduce or remove such pollutants.
For monitoring requirements, the combination of individual
samples of wastewater collected at equally spaced intervals (not to
exceed two hours), over a twenty-four-hour period or proportioned
to the flow at the time of sampling.
[Added 11-7-1996 by L.L. No. 15-1996]
The water discharged from any system of condensation, air
conditioning, cooling, refrigeration or other sources. It shall contain
no polluting substances which would produce chemical oxygen demand
(COD) or suspended solids in excess of five milligrams per liter,
or toxic substances, as limited elsewhere in this chapter.
[Amended 11-7-1996 by L.L. No. 15-1996]
Any person who subdivides land for the purpose of constructing
or causing to be constructed buildings for which provisions are required
to install wastewater disposal facilities.
The discharge of treated or untreated wastewater directly
to the waters of the State of New York. (For reference, see "indirect
discharge.")
[Added 11-7-1996 by L.L. No. 15-1996]
Liquid wastes from the noncommercial preparation, cooking
and handling of food or containing human excrement and similar matter
from the sanitary conveniences of dwellings, commercial buildings,
industrial facilities and institutions.
An acquired legal right for the specific use of land owned
by others.
Wastewater flowing from any treatment device or from a facility,
either treated or untreated.
[Added 11-7-1996 by L.L. No. 15-1996]
The City of Fulton's Commissioner of Public Works or a designee.
[Amended 10-30-1991 by L.L. No. 4-1991; 12-16-2003 by L.L. No.
6-2003]
Any facility or other source of discharge of pollutants of
which the construction or operation commenced prior to the date of
publication of a proposed categorical pretreatment standard which
will be applicable to such sources if the standard is thereafter promulgated
in accordance with Section 307 of the Act.
[Added 11-7-1996 by L.L. No. 15-1996; amended 10-5-1999 by L.L. No.
11-1999]
Oil, fat or grease in a physical state such that it will
separate by gravity from wastewater by treatment in an approved pretreatment
facility. A wastewater shall be considered free of floatable oil if
it is properly pretreated and the wastewater does not interfere with
the collection system.
The quantity of waste or liquid that flows in a certain period
of time.
[Added 11-7-1996 by L.L. No. 15-1996][1]
Animal and vegetable waste from the commercial preparation,
cooking and disposing of food and from the handling, processing, storing
and sale of food products and produce.
[Amended 11-7-1996 by L.L. No. 15-1996]
For monitoring requirements, an individual sample which is
taken from a waste stream on a one-time basis with no regard to the
flow in the waste stream and without consideration of time.
[Added 11-7-1996 by L.L. No. 15-1996]
Any pollutant which is not a compatible pollutant as defined
in this section.
The introduction of wastewater into a POTW for treatment
and ultimate discharge of the treated effluent into the waters of
the State of New York. (For reference, see "direct discharge.")
[Added 11-7-1996 by L.L. No. 15-1996]
The survey of industries in New York State, initiated by
the NYSDEC, to determine chemical usage and storage by those industries.
[Added 11-7-1996 by L.L. No. 15-1996]
Any user of the City of Fulton POTW with a wastewater discharge
which differs significantly from domestic sewage either by volume
or nature of its constituents.
[Added 11-7-1996 by L.L. No. 15-1996]
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,
as distinct from domestic wastes. This term shall also include landfill
leachate.
[Amended 11-7-1996 by L.L. No. 15-1996]
Any establishment which uses water in a product or generates
a wastewater during any period of production and/or operation.
[Added 11-7-1996 by L.L. No. 15-1996]
The water entering a sewer system, including sewer service
connections from the ground, through such means as, but not limited
to, defective pipes, pipe joints, connections or manhole walls. Infiltration
does not include, and is distinguished from, inflow.
[Added 11-7-1996 by L.L. No. 15-1996]
The water discharges into a sewer system, including service
connections from such sources as, but not limited to, roof leaders,
cellar, yard and area drains, cooling water discharges, drains from
springs and swampy areas, manhole covers, cross-connections from storm
sewers, catch basins, stormwaters, surface runoff, street wash waters
or drainage. "Inflow" does not include, and is distinguished from,
infiltration.
[Added 11-7-1996 by L.L. No. 15-1996]
Wastewater, raw or partially treated, flowing into any sewage
treatment device or sewage treatment facilities.
[Added 11-7-1996 by L.L. No. 15-1996]
[Amended 11-7-1996 by L.L. No. 15-1996]
A discharge which, alone or in conjunction with a discharge
or discharges from other sources:
Inhibits or disrupts the POTW, its treatment processes or operations
or its sludge processes, use or disposal; and
Is therefore a cause of a violation of the City's SPDES permit
or prevents sewage sludge use or disposal in compliance with any of
the following statutory/regulatory provisions or permits issued thereunder,
or any more stringent state or local regulations:
Section 405 of the Act.
The Solid Waste Disposal Act, including Title II, commonly referred
to as the "Resource Conservation and Recovery Act (RCRA)."
Any state regulations contained in any state sludge management
plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act.
The Clean Air Act.
The Toxic Substances Control Act.
The Marine Protection, Research and Sanctuaries Act.
When determined by the enforcement officer, interference shall
also be deemed to have occurred when a discharge, alone or in conjunction
with a discharge or discharges from other sources, prevents the City
from utilizing, in whole or in part, its primary sludge disposal and/or
reuse program even though the sludge or sludge product may be disposed
of in accordance with applicable law.
The sewer extension from the building drain to the street
lateral or other place of disposal.
The sewer extension from the main sewer to the property line.
Any effluent limits which are established by the City. This
term includes, but is not limited to, limits which are more stringent
than applicable categorical pretreatment standards.
[Added 11-7-1996 by L.L. No. 15-1996]
[Added 11-7-1996 by L.L. No. 15-1996]
The sum of the following:
The sum of scheduled principal and interest owed and paid on
bonds issued by the City to finance POTW-related capital projects,
purchases and related services, including:
POTW repairs, replacements and improvements/upgrades.
POTW maintenance equipment and vehicle purchases.
Miscellaneous POTW administration-related purchases such as,
but not limited to, furniture, computer equipment and laboratory equipment.
Professional services necessary to support the above-listed
projects and purchases.
Contributions to capital improvement funds reserved by the City
to finance future POTW improvements/upgrades, repairs, replacements
and related professional services.
If the City determines that specific POTW-related projects,
purchases and/or related services are undertaken solely to treat or
accommodate an additional parameter or provide additional capacity
for a new or existing user or group of users, then the City may, at
its discretion, deduct the associated costs from the total local share
debt service cost recovered from all POTW users via capital recovery
charges. Such deducted costs may, at the City's discretion, be recovered
directly from the new or existing user or group of users who derive
sole benefit of the projects, purchases and/or related services.
The amount of local share debt service shall be reduced by savings
in principal and interest bond payments realized by the City as result
of a refinancing of existing indebtedness to the extent that the City
does not require the savings to maintain a sufficient fund balance.
Includes, but may not be limited to, isolation wastes, infectious
agents, human blood and blood products, pathological wastes, sharps,
body parts, contaminated bedding, surgical wastes, potentially contaminated
laboratory wastes and dialysis wastes.
[Added 11-7-1996 by L.L. No. 15-1996]
Any outlet, including storm sewers and combined sewer overflows,
into a watercourse, pond, ditch, lake or other body of surface water
or groundwater.
[Added 10-5-1999 by L.L. No. 11-1999]
Any building, structure, facility or installation from which
there is or may be a discharge of pollutants, the construction of
which commenced after the publication of proposed pretreatment standards
under Section 307(c) of the Act, which will be applicable to such
source if such standards are thereafter promulgated in accordance
with that section, provided that:
The building, structure, facility or installation is constructed
at a site on which no other source is located; or
The building, structure, facility or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source; or
The production or wastewater-generating processes of the building,
structure, facility or installation are substantially independent
of an existing source at the same site. In determining whether these
are substantially independent, factors such as the extent to which
the new facility is integrated with the existing plant and the extent
to which the new facility is engaged in the same general type of activity
as the existing source should be considered.
Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of Subsection (1)(b) or (c) of this definition but otherwise alters, replaces or adds to existing process or production equipment.
[Amended 3-21-2000 by L.L. No. 7-2000]
Construction of a new source as defined under this subsection
has commenced if the owner or operator has:
Begun, or caused to begin, as part of a continuous on-site construction
program:
Any placement, assembly or installation of facilities or equipment;
or
Significant site preparation work, including clearing, excavation
or removal of existing buildings, structures or facilities, which
is necessary for the placement, assembly or installation of new source
facilities or equipment; or
Entered into a binding contractual obligation for the purchase
of facilities or equipment which are intended to be used in its operation
within a reasonable time. Options to purchase or contracts which can
be terminated or modified without substantial loss and contracts for
feasibility, engineering and design studies do not constitute a contractual
obligation under this subsection.
[Amended 3-21-2000 by L.L. No. 7-2000]
Denotes "New York State Department of Environmental Conservation."
Denotes "New York State Department of Transportation."
Any person having legal or equitable title to real property.
A discharge of pollutants which exits the City of Fulton's
POTW into waters of the United States in quantities or concentrations
which, alone or in conjunction with discharges from other sources,
cause a violation of the City of Fulton's SPDES permit, including
an increase in the magnitude or duration of the violation.
[Amended 10-5-1999 by L.L. No. 11-1999]
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.
[Added 11-7-1996 by L.L. No. 15-1996]
Any individual, firm, company, association, society, corporation
or group.
A measure of the acidity or alkalinity of a solution, as
the negative logarithm of sample hydrogen ion concentration expressed
in standard units.
[Amended 11-7-1996 by L.L. No. 15-1996]
[Added 11-7-1996 by L.L. No. 15-1996]
May be defined now or hereafter by appropriate local, state
or federal authorities or by the City as substances which may be present
in wastewater, whether gaseous, liquid or solid, in amounts 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.
Pollutants may include, but need not be limited to, dredged
soil, solid waste, incinerator residue, filter backwash, sewage, garbage,
sewage sludge, munitions, medical wastes, chemical wastes, biological
materials, radioactive materials, heat, wrecked or discarded equipment,
rock, sand, cellar dirt, municipal, agricultural and industrial wastes
and certain characteristics of wastewater (e.g., pH, temperature,
TSS, turbidity, color, BOD, COD, TKN, toxicity or odor).
The reduction of the amount of pollutants, the elimination
of pollutants or the alteration of the nature of pollutant properties
in wastewater prior to, or in lieu of, introducing such pollutants
into the POTW. This reduction or alteration can be obtained by physical,
chemical or biological processes; by process changes; or by other
means, except by diluting the concentration of the pollutants unless
allowed by an applicable pretreatment standard.
[Amended 11-7-1996 by L.L. No. 15-1996]
Refers to any substantive or procedural requirement related
to pretreatment imposed on a user other than a pretreatment standard.
[Added 11-7-1996 by L.L. No. 15-1996]
All applicable federal rules and regulations implementing
Section 307 of the Act, as well as any nonconflicting state or local
standards. In cases of conflicting standards, the more stringent thereof
shall be applied.
[Amended 11-7-1996 by L.L. No. 15-1996]
The most recently revised or updated list of substances established
by the USEPA related to industrial wastewater.
The wastes from the preparation, cooking and dispensing of
food that have been shredded to such degree that all particles will
be carried freely under the flow conditions normally prevailing in
public sewers, with no particle greater than 1/2 inch in any dimension.
The boundary line of a public highway, street, alley or easement
controlled by the City.
The treatment plants and related City sewer system which
are owned by the City and/or other public authorities. This definition
includes any devices or systems used in the collection, storage, treatment,
recycling and reclamation of sewage or industrial wastes of a liquid
nature and any conveyances which convey wastewater to a treatment
plant. This includes intercepting sewers, outfall sewers, sewage collection
systems, pumping, power and other equipment and their appurtenances,
extensions, improvements, remodeling, additions and alterations thereof;
and any works, including site acquisition of the land that will be
an integral part of the treatment process; or any other method or
system for preventing, abating, reducing, storing, treating or separating
municipal waste, including stormwater runoff, or industrial waste,
including waste in combined stormwater and sanitary sewer systems.
Sewer systems which convey stormwater exclusively are not included
in the POTW. Any sewers that convey wastewaters to the POTW from persons
outside the City who are, by contract or agreement with the City,
users of the City's POTW are included in the POTW.
[Added 3-15-1994 by L.L. No. 6-1994; amended 11-7-1996 by L.L. No.
15-1996]
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.
[Added 11-7-1996 by L.L. No. 15-1996]
A sanitary sewer within the highway limits, easement limits
or other rights-of-way, including street laterals. "Public sewers"
are shown on the City of Fulton General Plan of Sanitary Sewers, which
is kept on file in the office of the City Engineer.
A sewer which carries liquid and water-carried wastes and
to which stormwater, surface water and groundwater are not intentionally
admitted.
The spent water of a community. The preferred term is "wastewater."
A pipe or conduit that carries wastewater or drainage water.
[Amended 11-7-1996 by L.L. No. 15-1996]
A user subject to categorical pretreatment standards; or
A user that:
Discharges an average of 25,000 gallons per day or more of process
wastewater to the POTW (excluding sanitary, noncontact cooling and
boiler blowdown wastewater);
Contributes a process waste stream which makes up 5% or more
of the average dry weather hydraulic or organic capacity of the POTW
treatment plant; or
Is designated as such by the City on the basis that it has a
reasonable potential for adversely affecting the POTW's operation
or for violating any pretreatment standard or requirement because
the industrial user, either singly or in combination with other industrial
users, could have a substantial impact on the operation of the treatment
works.
A rate of discharge or concentration of a constituent, or
a substantial deviation from normal rates of discharge or constituent
concentrations, sufficient to cause interference with the operation
or performance of the wastewater collection system or treatment facilities.
A permit issued pursuant to Title 8 of Article 17 of the
Environmental Conservation Law of New York State and the Act, as amended
(33 U.S.C. § 1251 et seq.).
[Amended 11-7-1996 by L.L. No. 15-1996]
A pipe or conduit used for carrying stormwater and surface
water and drainage but that excludes wastewater and industrial wastes.
The division hereafter of any parcel of land into three or
more lots or parcels for the purpose of transfer of ownership or building
development, or, if a new street is involved, any division of a parcel
of land, provided that a division of land for agricultural purposes
into lots or parcels of five acres or more and not involving a new
street shall not be deemed a subdivision. The term includes resubdivision
of large lots of record and combination of substandard lots of record
into larger lots and, when appropriate to the context, shall relate
to the process of subdividing or to the land subdivided. A "lot" shall
be defined as any parcel of land which is at least 10,000 square feet
in area.
The most recently revised or updated list of substances established
by NYSDEC related to industrial wastewater.
The total suspended matter that either floats on the surface
of or is in suspension in water or wastewater, as determined by the
methodologies listed in 40 CFR Part 136.
[Amended 7-11-1996 by L.L. No. 15-1996]
The concentration in water or wastewater of nitrogen in the
trivalent state, as obtained by using the analytical methodology contained
in 40 CFR Part 136.
[Amended 7-11-1996 by L.L. No. 15-1996]
The quantity of orthophosphate measured by standard laboratory
procedures following hydrolysis of phosphorus compounds, expressed
as milligrams per liter of phosphorus.
Any substances, whether gaseous, liquid or solid, which,
when discharged to the POTW in sufficient amounts, may tend to interfere
with any wastewater treatment process, constitute a hazard to the
receiving waters of the effluent from the wastewater treatment plant,
pose a hazard to City personnel or constitute a hazard to fish or
animal life or inhibit aquatic life.
[Added 11-7-1996 by L.L. No. 15-1996]
That portion of the City's POTW which is designed to provide
treatment for municipal sewage and industrial waste.
[Added 11-7-1996 by L.L. No. 15-1996]
Water of quality equal to or better than the effluent criteria
in effect, or water that would not cause violation of receiving water
quality standards and would not be benefited by discharge to the sanitary
sewers and wastewater treatment facilities provided.
An exceptional incident in which there is unintentional and
temporary noncompliance with pretreatment standards because of factors
beyond the reasonable control of the user. An upset does not include
noncompliance to the extent caused by operational error, improperly
designed treatment facilities, inadequate treatment facilities, lack
of preventive maintenance or careless or improper operation.
[Added 11-7-1996 by L.L. No. 15-1996]
Denotes "United States Environmental Protection Agency."
Any person who discharges, causes or permits the discharge
of wastewater into the City's wastewater treatment system.
A classification of user based on the 1972 (or subsequent)
Edition of the Standard Industrial Classification (SIC) Manual prepared
by the Office of Management and Budget.
A combination of the water-carried wastes from residences,
business buildings, institutions and industrial establishments, together
with such groundwater, surface water and stormwater as may be present.
The structures, equipment and processes required to collect,
carry away and treat domestic and industrial wastes and dispose of
the effluent.
An arrangement of devices and structures for treating wastewater,
industrial wastes and sludge.
A natural or artificial channel for the passage of water,
either continuously or intermittently.
[1]
Editor's Note: The original definition of "FWPCAA," which
immediately followed this definition, was repealed 11-7-1996 by L.L.
No. 15-1996. See now the definition of "Act."
C.
Terms not otherwise defined herein shall be as adopted in the latest
edition of Standard Methods for the Examination of Water and Wastewater,
published by the American Public Health Association, the American
Water Works Association and the Water Pollution Control Federation.
