Unless the context specifically indicates otherwise, the meanings
of words and terms used in this chapter shall be as follows:
ACT or THE ACT
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]
APPLICANT
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]
BOD (denoting "biochemical oxygen demand")
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.
BUILDER
Any person who undertakes to construct any building, either
under contract or for resale.
BUILDING DRAIN
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.
BYPASS
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]
CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD
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]
CFR
Code of Federal Regulations.
[Added 3-15-1994 by L.L. No. 6-1994]
CITY
The City of Fulton, New York.
CITY ENGINEER
The duly appointed City Engineer of the City of Fulton, New
York, or a consulting professional engineer retained by the City of
Fulton.
CITY SEWER SYSTEM
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]
COMBINED SEWER
A sewer intended to receive both wastewater and stormwater
or surface water.
COMMON COUNCIL
The duly elected Common Council of the City of Fulton or
its authorized deputy or representative.
COMPATIBLE POLLUTANT
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.
COMPOSITE SAMPLE
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]
COOLING WATER
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]
DEVELOPER
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.
DIRECT DISCHARGE
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]
DOMESTIC WASTES
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.
EASEMENT
An acquired legal right for the specific use of land owned
by others.
EFFLUENT
Wastewater flowing from any treatment device or from a facility,
either treated or untreated.
[Added 11-7-1996 by L.L. No. 15-1996]
ENFORCEMENT OFFICER
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]
EXISTING SOURCE
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]
FLOATABLE OIL
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.
FLOW RATE
The quantity of waste or liquid that flows in a certain period
of time.
[Added 11-7-1996 by L.L. No. 15-1996]
GARBAGE
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]
GRAB SAMPLE
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]
INDIRECT DISCHARGE
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]
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.
[Added 11-7-1996 by L.L. No. 15-1996]
INDUSTRIAL USER
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]
INDUSTRIAL WASTES
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]
INDUSTRY
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]
INFILTRATION
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]
INFLOW
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]
INFLUENT
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]
INTERFERENCE
[Amended 11-7-1996 by L.L. No. 15-1996]
(1)
A discharge which, alone or in conjunction with a discharge
or discharges from other sources:
(a)
Inhibits or disrupts the POTW, its treatment processes or operations
or its sludge processes, use or disposal; and
(b)
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:
[2]
The Solid Waste Disposal Act, including Title II, commonly referred
to as the "Resource Conservation and Recovery Act (RCRA)."
[3]
Any state regulations contained in any state sludge management
plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act.
[5]
The Toxic Substances Control Act.
[6]
The Marine Protection, Research and Sanctuaries Act.
(2)
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.
LATERAL, BUILDING
The sewer extension from the building drain to the street
lateral or other place of disposal.
LATERAL, STREET
The sewer extension from the main sewer to the property line.
LOCAL LIMITS
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]
LOCAL SHARE DEBT SERVICE (DEBT SERVICE)
[Added 11-7-1996 by L.L. No. 15-1996]
(1)
The sum of the following:
(a)
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:
[1]
POTW repairs, replacements and improvements/upgrades.
[2]
POTW maintenance equipment and vehicle purchases.
[3]
Miscellaneous POTW administration-related purchases such as,
but not limited to, furniture, computer equipment and laboratory equipment.
[4]
Professional services necessary to support the above-listed
projects and purchases.
(b)
Contributions to capital improvement funds reserved by the City
to finance future POTW improvements/upgrades, repairs, replacements
and related professional services.
(2)
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.
(3)
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.
MEDICAL WASTE
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]
NATURAL OUTLET
Any outlet, including storm sewers and combined sewer overflows,
into a watercourse, pond, ditch, lake or other body of surface water
or groundwater.
NEW SOURCE
[Added 10-5-1999 by L.L. No. 11-1999]
(1)
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:
(a)
The building, structure, facility or installation is constructed
at a site on which no other source is located; or
(b)
The building, structure, facility or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source; or
(c)
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.
(2)
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]
(3)
Construction of a new source as defined under this subsection
has commenced if the owner or operator has:
(a)
Begun, or caused to begin, as part of a continuous on-site construction
program:
[1]
Any placement, assembly or installation of facilities or equipment;
or
[2]
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
(b)
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]
NYSDEC
Denotes "New York State Department of Environmental Conservation."
NYSDOT
Denotes "New York State Department of Transportation."
OWNER
Any person having legal or equitable title to real property.
PASS-THROUGH
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]
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.
[Added 11-7-1996 by L.L. No. 15-1996]
PERSON
Any individual, firm, company, association, society, corporation
or group.
pH
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]
POLLUTANTS
[Added 11-7-1996 by L.L. No. 15-1996]
(1)
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.
(2)
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).
PRETREATMENT
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]
PRETREATMENT REQUIREMENT(S)
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]
PRETREATMENT STANDARDS
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]
PRIORITY POLLUTANTS
The most recently revised or updated list of substances established
by the USEPA related to industrial wastewater.
PROPERLY SHREDDED GARBAGE
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.
PROPERTY LINE
The boundary line of a public highway, street, alley or easement
controlled by the City.
PUBLICLY OWNED TREATMENT WORKS or POTW
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]
PUBLIC 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.
[Added 11-7-1996 by L.L. No. 15-1996]
PUBLIC SEWER
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.
SANITARY SEWER
A sewer which carries liquid and water-carried wastes and
to which stormwater, surface water and groundwater are not intentionally
admitted.
SEWAGE
The spent water of a community. The preferred term is "wastewater."
SEWER
A pipe or conduit that carries wastewater or drainage water.
SIGNIFICANT INDUSTRIAL USER (SIU)
[Amended 11-7-1996 by L.L. No. 15-1996]
(1)
A user subject to categorical pretreatment standards; or
(2)
A user that:
(a)
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);
(b)
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
(c)
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.
SLUG
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.
STORM SEWER or STORM DRAIN
A pipe or conduit used for carrying stormwater and surface
water and drainage but that excludes wastewater and industrial wastes.
SUBDIVISION
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.
SUBSTANCES OF CONCERN
The most recently revised or updated list of substances established
by NYSDEC related to industrial wastewater.
SUSPENDED SOLIDS
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]
TOTAL KJELDAHL NITROGEN (TKN)
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]
TOTAL PHOSPHORUS
The quantity of orthophosphate measured by standard laboratory
procedures following hydrolysis of phosphorus compounds, expressed
as milligrams per liter of phosphorus.
TOXIC SUBSTANCES
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]
TREATMENT PLANT
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]
UNPOLLUTED WATER
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.
UPSET
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]
USEPA
Denotes "United States Environmental Protection Agency."
USER
Any person who discharges, causes or permits the discharge
of wastewater into the City's wastewater treatment system.
USER CLASSIFICATION
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.
WASTEWATER
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.
WASTEWATER FACILITIES
The structures, equipment and processes required to collect,
carry away and treat domestic and industrial wastes and dispose of
the effluent.
WATERCOURSE
A natural or artificial channel for the passage of water,
either continuously or intermittently.