As used in this chapter, the following terms shall have the meanings
indicated:
ACT
The Federal Water Pollution Control Act, also known as the
"Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.
ADMINISTRATIVE HEAD
The administrative head of any sewer district of the County
of Suffolk as defined in the County Law.
ADMINISTRATOR
The administrative head of each and every County sewer district;
or the head of the unit of County government, if any, charged with
the construction and operation of other County-owned sewer facilities;
or their agents, servants, employees, representatives or designees,
as the case may be and as the sense of a particular clause demands.
APARTMENT
A dwelling unit that is attached by common walls, floors,
ceilings, etc., to one or more additional dwelling units or attached
to a part of a building also containing a nonresidential use and shall
include condominiums.
BACKWATER VALVE
A device used in drainage systems which permits the drain
to flow in only one direction thereby preventing sewage from flowing
back into a building.
[Added 8-21-2012 by L.L. No. 53-2012]
BUILDING DRAIN
That part of the lowest horizontal piping of a drainage system
which receives the discharge from soil, waste and other draining pipes
inside the walls of the building and conveys it to the building sewer,
beginning five feet outside the inner face of the building wall.
BUILDING SEWER
The extension from the building drain to the public sewer
or other place of disposal.
BUSINESS
Engaging in making sewer connections for consideration of
any kind.
CODE OF FEDERAL REGULATIONS (40 CFR)
Title 40 of the Code of Federal Regulations published in
the U.S. government publication, the "Federal Register," which contains
United States Government environmental regulations.
COLLECTION SYSTEM
A system of pipes normally found in streets into which the
building sewer connects.
COMPATIBLE INDUSTRIAL WASTES
Liquid wastes from industry, commercial, trade or business
processes, whether the same are from manufacturing or otherwise, as
distinct from sewage, which contain no objectionable wastes and are
amenable to adequate treatment and removal by the waste treatment
processes existing at a sewage treatment plant.
COUNTY
The County of Suffolk or a County sewer district.
DC
Discharge certification permit authorizing a commercial,
institutional or an industrial user to discharge.
[Amended 8-21-2012 by L.L. No. 53-2012]
DISCHARGE
An effluent or substance, or the act of unloading or emitting
an effluent or substance directly or indirectly into all or part of
a sewage works, as the sense demands.
DISCONNECT PERMIT
An authorization that a connection to the County sewage works
is no longer needed or required.
DISTRICT
Any County sewer district created under Article 5-A of the
County Law, as amended.
DOMESTIC WASTE
Liquid waste of the kind and nature normally emanating from
a household residence.
EXISTING SOURCE
Any building, structure, facility or installation from which
there is or may be the discharge of pollutants (objectionable, prohibited
or limited wastes) which existed prior to the publication of proposed
regulations prescribing a standard of performance under Section 306
of the Act which would be applicable to such source if such standard
is thereafter promulgated in accordance with Section 306 of the Act.
FLOW EQUALIZATION
Shall have the meaning given to it by regulations of the
Administrator.
GENERAL PERMIT
An authorization to connect or attach private dwellings into
the County sewage works for the purpose of the discharge of such sewage.
HOUSE CONNECTION
Synonymous with "building connection "or "sewer stub" and
shall mean the branch of pipe leading from the public sewer in the
street toward the property line of the user.
INDIRECT DISCHARGE or DISCHARGE
The introduction of pollutants and objectionable, limited
or prohibited wastes into a POTW from any nondomestic source or industrial
user regulated under Section 307(b), (c), or (d) of the Act. Indirect
discharges can be from commercial or industrial facilities whose wastes
enter local sewers.
[Amended 8-21-2012 by L.L. No. 53-2012]
INDUSTRIAL WASTES
The liquid wastes from industrial, commercial, trade or business
processes, whether the same are from manufacturing or otherwise and/or
industrial users.
INSURANCE POLICY
Shall have the meaning assigned to it by the Insurance Law
of the State of New York.
INTERFERENCE
A discharge 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 NPDES (SPDES) 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 Act, the Solid Waste Disposal
Act (SWDA) [including Title II, more commonly referred to as the "Resource
Recovery and Conservation 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.
MUNICIPALITY
As defined in 40 CFR 122.2, a "municipality" means a city,
town, borough, county, parish, district, association, or other public
body created by or under state law and having jurisdiction over disposal
of sewage, industrial wastes, or other wastes; or an Indian tribe
or an authorized Indian tribal organization, or a designated and approved
management agency under Section 208 of the Clean Water Act.
[Added 8-21-2012 by L.L. No. 53-2012]
MUNICIPAL LEACHATE
That liquid resulting from contact with or passage through
a municipally owned solid waste landfill, bypass landfill or resource-recovery
ashfill operated to applicable regulations which does not contain
hazardous wastes or other materials which would characterize the liquid
as an objectionable waste as defined in this article.
MUNICIPAL SATELLITE COLLECTION SYSTEM
A sewer that meets all of the following:
[Added 8-21-2012 by L.L. No. 53-2012]
(1)
Is owned or operated by a "state" or "municipality" as defined
in 40 CFR 122.2;
(2)
Is used to convey municipal sewage or industrial waste to a
POTW treatment plant that has a SPDES permit (or is required to apply
for a permit);
(3)
The owner or operator is not the owner or operator of the POTW
treatment plant that has a SPDES permit.
NATIONAL PRETREATMENT STANDARDS
Any regulation containing pollutant discharge limits promulgated
by the USEPA in accordance with Section 307(b) and (c) of the Act,
which applies to industrial users. This term includes prohibitive
discharge limits established pursuant to 40 CFR 403.5.
NATURAL OUTLET
Any watercourse, lake, pond, pitch or other body of surface
water or groundwater, or cesspools, storm sewers or combined sewers
which overflow into a watercourse, lake, pond, ditch or other body
of surface water or groundwater.
[Amended 8-21-2012 by L.L. No. 53-2012]
NEW SOURCE
(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 at 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 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.
(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 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.
NON-MUNICIPAL LEACHATE
The liquid resulting from contact with or passage through
a private landfill that is operated pursuant to applicable regulations
and which does not contain hazardous waste or other materials which
would characterize the liquid as objectionable as defined in this
article, but which is not defined as municipal leachate.
[Added 12-5-2017 by L.L.
No. 2-2018]
OBJECTIONABLE, PROHIBITED or LIMITED WASTES
(1)
Any waste which is or is deemed to be toxic to or incompatible
with a treatment process or to receiving waters or is not amenable
to treatment in County facilities or which causes the County sewage
treatment plant [POTW treatment plant as defined in 40 CFR 403.3 (p)]
to be in violation of its SPDES permit through interference, pass-through
of, or impact on air or sludge quality from, any waste received at
the POTW treatment plant.
[Amended 9-15-2011 by L.L. No. 49-2011; 8-21-2012 by L.L. No.
53-2012]
(2)
Garbage, refuse, decayed wood, sawdust, shavings, bark, sand,
lime, cinders, ashes, offal, oil, tar, dyestuffs, grit, abrasives,
metal filings or trimmings and the like.
(3)
Prohibited wastes as defined in 40 CFR 403.5(b):
(a)
Pollutants which create a fire or explosion hazard in the POTW,
including, but not limited to, waste streams with a closed-cup flashpoint
of less than 140° F. or 60° C. using test methods specified
in 40 CFR 261.21;
(b)
Pollutants which will cause corrosive structural damage to the
POTW, but in no case discharges with pH lower than 5.0;
(c)
Solid or viscous pollutants in amounts which will cause obstruction
to the flow in the POTW resulting in interference;
(d)
Any pollutant, including oxygen-demanding pollutants (BOD, etc.),
released in a discharge at a flow rate and/or pollutant concentration
which will cause interference with the POTW;
(e)
Heat in amounts which will inhibit biological activity in the
POTW resulting in interference, but in no case heat in such quantities
that the temperature at the POTW treatment plant exceeds 104°
F. or 40° C.;
(f)
Petroleum oil, nonbiodegradable cutting oil, or products of
mineral oil origin in amounts that will cause interference or pass-through;
(g)
Pollutants which result in the presence of toxic gases, vapors
or fumes within the POTW in a quantity that may cause acute worker
health and safety problems; and
(h)
Any trucked or hauled pollutants, except at discharge points
designated by the POTW.
(4)
Any chemical, chemical compound or radioactive material which
may pose a hazard or danger to County personnel or sewage works and
any chemicals or chemical compound having the following nature or
characteristics or having similar objectionable characteristics, such
as alcohols, arsenic and arsenicals, cyanide, heavy metals and other
metal finishing process wastes or wastewaters, acid pickling wastes,
mercury and mercurials, silver and silver compounds, sulfanamides,
toxic dyes (organic or mineral), zinc, all strong oxidizing agents
such as chromates, compounds producing hydrogen sulfide, methane,
or any other toxic, inflammable or explosive gases either upon acidification,
alkalization, oxidation or reduction, strong reducing agents such
as nitrites, sulfides, sulfites and the like, and inflammable or explosive
liquids or solids.
(5)
Any matter which contains viable pathogenic bacteria in quantities
larger than normally encountered in raw domestic sewage, or any matter
which can reasonably be expected to contain such viable pathogenic
bacteria in such quantities.
(6)
Industrial wastes containing solids which will precipitate greater
than 300 parts per million upon acidification or alkalization or oxidation
or reduction.
(7)
Industrial wastes having a viscosity exceeding 1.10 poises (absolute
viscosity) upon discharge or after acidification or alkalization.
(8)
Industrial waste having a temperature upon discharge outside
of the range of 32° F. to 150° F. In no case shall any discharge
cause the influent temperature at the sewage treatment plant to exceed
104° F.
(9)
Industrial waste having a color of an intensity in excess of
500 platinum-cobalt standard units, as determined under Part 2120B
of the 21st Edition of Standard Method for the Examination of Water
and Wastewater. In testing such intensity, samples shall be diluted
with distilled water to bring the range within 10 units to 50 units
and shall be judged on a basis of intensity or transmission of light
rather than true color (platinum-cobalt standard).
[Amended 8-21-2012 by L.L. No. 53-2012]
(10)
Industrial waste having chemical characteristics in excess of
the following limits:
[Amended 8-21-2012 by L.L. No. 53-2012]
(a)
Settleable solids (Imhoff cones test), one hour; in excess of
15 milliliters per liter maximum.
(11)
Materials which exert or cause unusual volume of flow or concentration
of wastes constituting slugs as defined herein.
(12)
Any water or waste containing free-floating fats, wax, grease
or oils in excess of 100 milligrams per liter or containing substances
which may solidify or become viscous at temperatures between 32°
F. and 150° F.
(13)
Garbage or other solid material that has been shredded by a
garbage disposal, food waste disposal, or other grinder mechanism.
[Amended 8-21-2012 by L.L. No. 53-2012]
(14)
Any waste, including business, commercial or industrial wastes,
which exceeds allowable discharge levels as promulgated by the United
States Environmental Protection Agency pursuant to Section 307(b)
and (c) of the Federal Water Pollution Control Act and amendments,
entitled "Industrial Pretreatment Requirements," and such other liquids,
substances or materials that may be enumerated by the Administrator
to be objectionable or toxic in accordance with 40 CFR 403.5(a), (b)
and (c).
(15)
Any material defined by the Administrator to have toxic or otherwise
deleterious effect upon or to be incompatible with the sewage works,
processes, equipment, groundwaters or watercourses.
(16)
Any material which creates or constitutes a public nuisance,
including any noxious or malodorous liquids, gases, or solids, or
other wastewater which, either singularly or by interaction with other
wastes, are sufficient to create a public nuisance or hazard to life
or are sufficient to prevent entry into the sewers for maintenance
and repair.
[Amended 8-21-2012 by L.L. No. 53-2012]
(17)
Any waste which does not conform to 40 CFR 403.5(b), National
Pretreatment Standards.
(18)
Unused, unneeded, or expired medications and prescription drugs.
[Added 8-21-2012 by L.L. No. 53-2012]
(19)
Municipal leachate or non-municipal leachate discharge to a
County POTW either at the POTW scavenger pretreatment system or to
the connecting sewers that has characteristics that are not amenable
to treatment or that interfere with treatment efficiency or SPDES
limitations.
[Added 12-5-2017 by L.L.
No. 2-2018]
(20)
Discharge of wastes directly to the sewers of the County POTW
from temporary facilities, such as portable toilets, recreational
vehicles, marine toilets and the like.
[Added 12-5-2017 by L.L.
No. 2-2018]
ONE-YEAR DISCOVERY TERM
A surety bond, the terms of which shall include a provision
that no lawsuit, action or claim shall be maintained on the bond unless
commenced within a period of 12 months from the expiration date of
said bond.
PARCEL
A plot of land as shown on the local tax map; a plot described
in a deed of record, or in the County Clerk's office; or one or more
lots on undeveloped filed maps.
PASS-THROUGH
A discharge which exits the POTW into the 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 NPDES (SPDES) permit (including
an increase in the magnitude or duration of a violation).
PERSON
Any individual, partnership, firm, company, association,
society, public or private corporation or group, institution or governmental
entity.
pH
The logarithm of the reciprocal of the weight of hydrogen
ions in moles per liter of solution.
POTW
Publicly owned treatment works.
[Added 8-21-2012 by L.L. No. 53-2012]
PRETREATMENT
Any treatment process or processes required to produce a
discharge compatible with a County sewage works and which will conform
to both qualitative and quantitative requirements of these rules and
regulations and be fully defined as specified in 40 CFR 403.3(s),
and "pretreatment requirement" shall be defined as any substantive
or procedural pretreatment requirement, other than a National Pretreatment
Standard applicable to all industrial users and as fully defined in
40 CFR 403.3(t).
[Amended 9-15-2011 by L.L. No. 49-2011]
PRIVATE DWELLING
Any detached building, trailer or mobile home used solely
for residential purposes and containing not more than four apartments
or dwelling units.
PUBLIC SEWER
A sewer in which all the owners of abutting properties and
others within a district or area have equal rights and which is controlled
by the Administrator or any other public authority.
PUBLIC SEWER SYSTEM
Synonymous with "sewage works" and shall also mean "publicly
owned treatment works (POTW)" in accordance with the definition as
specified in 40 CFR 403.3.
SANITARY SEWER
A sewer which carries sewage and to which stormwater, surface
water and groundwaters are not intentionally admitted.
SCAVENGER WASTES
The liquid and waste solids contained in subsurface sanitary
sewage disposal systems and appurtenances, waste sludges generated
at sewage treatment plants and other similar wastes, including non-municipal
leachate or municipal leachate. This classification of waste would
be discharged at the points designated by the POTW or pretreated to
the characteristics and standards set forth in regulations established
by the Administrator.
[Amended 12-5-2017 by L.L. No. 2-2018]
SEWAGE
Water-carried wastes from residences, institutions, businesses
and commercial and industrial buildings and establishments, or a combination
thereof, together with such groundwater, surface water and stormwater
as may be inadvertently present. The admixture of sewage with industrial
wastes or other wastes shall also be considered "sewage" within the
meaning of this definition.
SEWAGE WORKS
All facilities and appurtenances for collecting, pumping,
treating and disposing of sewage, and shall be synonymous with "public
sewer system" and shall be synonymous with "publicly owned treatment
works (POTW)."
SEWER
A pipe, conduit or pump for carrying sewage, and shall include
interceptor, trunk and street lateral pipes and their related facilities
and appurtenances.
SIGNIFICANT INDUSTRIAL USER (SIU)
Any industrial or commercial discharger to County sewage
works which meets the criteria specified in 40 CFR 403.3(t), which
states: "(i) All industrial users subject to Categorical Pretreatment
Standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N; and
(ii) any other industrial 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; (c) or is designated as such by the Control Authority on the
basis that the industrial user has a reasonable potential for adversely
affecting the POTW's operation or for violating any pretreatment standard
or requirement in accordance with 40 CFR 403.8(f)(6)."
[Amended 9-15-2011 by L.L. No. 49-2011]
SIGNIFICANT NONCOMPLIANCE (SNC)
Designates a condition of significant failure by an industrial
user to meet applicable pretreatment requirements in accordance with
the definition of SNC as described in 40 CFR 403.8(f)(vii) and described
specifically as follows. For the purposes of this provision, an industrial
user is in SNC if its violation meets one or more of the following
criteria:
(1)
Chronic violations of wastewater discharge limits, defined here
as those in which 66% or more of all the measurements taken during
a six-month period exceed (by any magnitude) the daily maximum limit
or the average limit for the same pollutant parameter.
(2)
Technical review criteria (TRC) violations, defined here as
those in which 33% or more of all the measurements for each pollutant
parameter taken during a six-month period equal or exceed the product
of the maximum limit or the average limit multiplied by the applicable
TRC (TRC = 1.4 for BOO, TSS, fats, oil and grease, and 1.2 for all
other pollutants except pH).
(3)
Any other violation of a pretreatment effluent limit (daily
maximum or longer-term average) that the control authority (POTW)
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).
(4)
Any discharge of a pollutant that has caused imminent endangerment
to human health, welfare, or the environment or has resulted in the
POTW's exercise of its emergency authority under Paragraph (f)(1)(vi)(B)
of 40 CFR 403.8 to halt or prevent such a discharge.
(5)
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.
(6)
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
with a compliance schedule.
(7)
Failure to accurately report noncompliance.
(8)
Any other violation or group of violations which the control
authority (POTW) determines will adversely affect the operation or
implementation of the local pretreatment program.
SLUG
Any discharge of a nonroutine, episodic nature, including
but not limited to an accidental spill, a noncustomary batch discharge,
or any discharge of water, sewage or industrial waste which, in concentration
of any given constituent or in any quantity of flow, exceeds for any
period of duration longer than 15 minutes more than five times the
average twenty-four-hour concentration or flows during normal operation.
[Amended 8-21-2012 by L.L. No. 53-2012]
SP
Special building sewer connection permit.
SPDES PERMIT
The State Pollutant Discharge Elimination System permit issued
by the New York State Department of Environmental Conservation pursuant
to Tables 7 and 8 of Article 17 of the Environmental Conservation
Law.
SPECIAL PERMIT
The authorization to connect or attach into County sewage
works for the purposes of discharge of sewage in all instances other
than those pertaining to General Permits and those pertaining to scavenger
wastes or municipal leachate or non-municipal leachate which are trucked
or hauled to the POTW scavenger pre-treatment facility.
[Amended 12-5-2017 by L.L. No. 2-2018]
STORM SEWER
A pipe or device which carries stormwater and surface water
and drainage, but excludes sewage and industrial wastes, other than
unpolluted cooling water.
SUMP PUMP
A pump to remove water from a collection pit, in such places
as a basement, from which a discharge to the sewer system is illegal.
[Added 8-21-2012 by L.L. No. 53-2012]
SURETY BOND
Shall have the meaning assigned to it by the Insurance Law
of the State of New York.
SUSPENDED SOLIDS
Solids that either float on the surface of or are in suspension
in water, sewage or other liquids and which are removable by laboratory
filtering.
WATERCOURSE
A stream, river, creek, channel, harbor, bay or ocean of
any kind in which a flow of water occurs, either continuously or intermittently.