This Part 1 sets forth uniform requirements for direct and indirect contributors into the wastewater collection and treatment system for the Village of Interlaken and enables the Village to comply with all applicable state and federal laws. This Part 1 is intended to supplement the prior Sewer Use Ordinance and when found to be in conflict with said ordinance this Part 1 shall supersede said ordinance and apply. This Part 1 shall also apply, control and supersede said ordinance in any cases where the requirements and limitations of this Part 1 are more stringent than said ordinance.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
The objectives of this Part 1 are:
(1) 
To prevent the introduction of pollutants into the municipality wastewater system which will interfere with the operation of the system or contaminate the resulting sludge.
(2) 
To prevent the introduction of pollutants into the municipal wastewater system which will pass through the system, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the system.
(3) 
To improve the opportunity to recycle and reclaim wastewaters and sludges from the system.
(4) 
To provide for equitable distribution of the cost of the municipal wastewater system.
B. 
This Part 1 provides for the regulation of direct and indirect contributors to the municipal wastewater system through the issuance of permits to certain nondomestic users and through enforcement of general requirements for the other users, authorizes monitoring and enforcement activities, requires user reporting, assumes that existing customer's capacity will not be preempted and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.
This Part 1 shall apply to the Village of Interlaken and to persons outside the Village who are, by contract or agreement with the Village, users of the Village POTW. Except as otherwise provided herein, the Superintendent of the Village POTW shall administer, implement and enforce the provisions of this Part 1.
A. 
Definitions and word use.
(1) 
"Shall" is mandatory; "may" is permissive.
(2) 
Unless the context specifically indicates otherwise, the following terms and phrases, as used in this Part 1, shall have the meanings hereinafter designated:
ACT or THE ACT
The Federal Water Pollution Control Act, also known as the "Clean Water Act," as amended, 33 U.S.C. § 1251 et seq., or similar legislation superseding said Act.
APPROVAL AUTHORITY
The director in a National Pollution Discharge Elimination System (NPDES) state with an approved state pretreatment program and the Administrator of the Environmental Protection Agency (EPA) in a non-NPDES state or NPDES state without an approved state pretreatment program.
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER
An authorized representative of an industrial user may be:
(a) 
A principal executive officer of at least the level of Vice President, if the industrial user is a corporation.
(b) 
A general partner or proprietor if the industrial user is a partnership or proprietorship, respectively.
(c) 
A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates.
BIOCHEMICAL OXYGEN DEMAND (BOD)
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at 20° C., expressed in terms of weight and concentration [milligrams per liter (mg/l)].
BUILDING SEWER
A sewer conveying wastewater from the premises of a user to the POTW.
CATEGORICAL STANDARDS
National Categorical Pretreatment Standards or pretreatment standard.
COMPATIBLE POLLUTANT
Biochemical oxygen demand, suspended solids, pH and fecal coliform bacteria; plus any additional pollutants identified in the publicly owned treatment work's (POTW) NPDES permit, where the publicly-owned treatment work is designed to treat such pollutants and, in fact, does treat such pollutants to the degree required by the POTW's NPDES permit.
CONTROL AUTHORITY
Refers to the approval authority, defined hereinabove; or the Superintendent if the Village has an approved pretreatment program under the provisions of 40 CFR 403.11.
COOLING WATER
The water discharged from any use such as air conditioning, cooling or refrigeration or to which the only pollutant added is heat.
DIRECT DISCHARGE
The discharge of treated or untreated wastewater directly to the waters of the State of New York.
ENVIRONMENTAL PROTECTION AGENCY or EPA
The United States Environmental Protection Agency or, where appropriate, the term may also be used as a designation for the Administrator or other duly authorized official of said agency.
GRAB SAMPLE
A 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.
HOLDING TANK WASTE
Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum-pump tank trucks.
INCOMPATIBLE POLLUTANT
All pollutants other than compatible pollutants as defined in this section.
INDIRECT DISCHARGE
The discharge or the introduction of nondomestic pollutants from any source regulated under § 307(b) or (c) of the Act (33 U.S.C. § 1317), into the POTW (including holding tank waste discharged into the system).
INDUSTRIAL USER
A source of indirect discharge which does not constitute a discharge of pollutants under regulations issued pursuant to § 402 of the Act (33 U.S.C. § 1342).
INTERFERENCE
The inhibition or disruption of the POTW treatment processes or operations or which contributes to a violation of any requirement of the Village's NPDES permit. The term includes prevention of sewage sludge use or disposal by the POTW in accordance with § 405 of the Act (33 U.S.C. § 1345) or any criteria, guidelines or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act or more stringent state criteria (including those contained in any state sludge management plan prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed the POTW.
NATIONAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARD
Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with § 307(b) and (c) of the Act (33 U.S.C. § 1347) which applies to a specific category of industrial users.
NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM or NPDES PERMIT
A permit issued pursuant to § 402 of the Act (33 U.S.C. § 1342).
NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE STANDARD
Any regulation developed under the authority of § 307(b) of the Act and 40 CFR 403.5.
NEW SOURCE
Any source, the construction of which is commenced after the publication of proposed regulations prescribing a § 307(c) (33 U.S.C. § 1317) categorical pretreatment standard which will be applicable to such source, if such standard is thereafter promulgated within 120 days of proposal in the Federal Register. Where the standard is promulgated later than 120 days after proposal, a new source means any source, the construction of which is commenced after the date of promulgation of the standard.
PERSON
Any individual, partnership, copartnership, firm, company, corporation, association, joint-stock company, trust, estate, governmental entity or any other legal entity or their legal representatives, agents or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context.
pH
The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.
POLLUTANT
Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water.
POLLUTION
The man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water.
POTW TREATMENT PLANT
That portion of the POTW designed to provide treatment to wastewater.
PRETREATMENT or TREATMENT
The reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater 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 obtained by physical, chemical or biological processes or process changes other means, except as prohibited by 40 CFR 403.6(d).
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirement related to pretreatment, other than a National Pretreatment Standard imposed on an industrial user.
PUBLICLY OWNED TREATMENT WORKS (POTW)
A treatment works as defined by § 212 of the Act (33 U.S.C. § 1292) which is owned in this instance by the Village. This definition includes any sewers that convey wastewater to the POTW treatment plant, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of this Part 1, POTW shall also include any sewers that convey wastewaters to the POTW from persons outside the Village who are, by contract or agreement with the Village, users of the Village POTW.
SIGNIFICANT INDUSTRIAL USER
Any industrial user of the Village wastewater disposal system who:
(a) 
Is subject to categorical pretreatment standards (NRDC Concent Decree Industries);
(b) 
Is found by the Village (State Control Agency) or the United States Environmental Protection Agency to have significant impact, either singly or in combination with other contributing industries, on the wastewater treatment system, the quality of sludge, the system's effluent quality or air emissions generated by the system;
(c) 
Is a manufacturing industry using substances of concern; or
(d) 
Has a process discharge flow of more than 25,000 gallons per average work day.
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.
STATE
State of New York.
STORMWATER
Any flow occurring during or following any form of natural precipitation and resulting therefrom.
SUPERINTENDENT
The person designated by the Village to supervise the operation of the publicly owned treatment works and who is charged with certain duties and responsibilities by this Part 1, or his duly authorized representative.
SUSPENDED SOLIDS
The total suspended matter that floats on the surface of or is suspended in water, wastewater or other liquids and which is removable by laboratory filtering.
TOXIC POLLUTANT
Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provision of CWA 307(a) or other Acts.
USER
Any person who contributes, causes or permits the contribution of wastewater into the Village POTW.
VILLAGE
The Village of Interlaken or the Board of Trustees of The Village of Interlaken.
WASTEWATER
The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, 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.
WASTEWATER CONTRIBUTION PERMIT
As set forth in § 116-16 of this Part 1.
WATERS OF THE STATE
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.
B. 
Abbreviations. The following abbreviations shall have the designated meanings:
BOD
Biochemical oxygen demand
CFR
Code of Federal Regulations
COD
Chemical oxygen demand
EPA
Environmental Protection Agency
l
Liter
mg
Milligrams
mg/l
Milligrams per liter
NPDES
National Pollutant Discharge Elimination System
POTW
Publicly owned treatment works
SIC
Standard Industrial Classification
SWDA
Solid Waste Disposal Act, 42 U.S.C. § 6901 et seq.
TSS
Total suspended solids
USC
United States Code