Town of Orangetown, NY General Provisions

Definitions. Unless the context specifically indicates otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated:

ACT

The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq., and the regulations promulgated thereunder.

APPROVAL AUTHORITY

The Regional Administrator of the EPA, unless and until New York State receives EPA approval of a state pretreatment program. Once New York State receives such approval, then the approval authority will be the Commissioner of the DEC.

AUTHORIZED REPRESENTATIVE

An authorized representative of an industrial user shall be:

(1)

A responsible corporate officer, if the user is a corporation, provided that the responsible corporate officer is:

(a)

A President, vice President, secretary or treasurer of the corporation in charge of a principal business function;

(b)

Any other person who performs similar policy- or decisionmaking functions for the corporation; or

(c)

The manager of a facility or facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000 (in second-quarter 1980 dollars), provided that the manager has received the authority to sign documents in accordance with corporate procedures;

(2)

A general partner or proprietor, if the user is a partnership or sole proprietorship, respectively;

(3)

A member of the governing board or executive office of a governmental entity, if the user is a governmental facility; or

(4)

A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facility from which the industrial discharge originates, or has overall responsibility for environmental matters for the company; provided, however, that the authorization is made in writing by the individual described above and the written authorization is submitted to the Town.

BYPASS

The intentional diversion of wastestreams from any portion of an industrial user's treatment facility.

CATEGORICAL PRETREATMENT STANDARD

A National Pretreatment Standard which applies to a specific industrial subcategory and is published at 40 CFR Chapter I, Subchapter N.

CFR

The Code of Federal Regulations.

DEC

The New York State Department of Environmental Conservation.

DIRECT DISCHARGE

The discharge of treated or untreated wastewater directly to the waters of the State of New York or of the United States.

DIRECTOR

The Director of the Town of Orangetown Sewer Department, who is designated by the Town Board to supervise the operation of the POTW, and who is charged with certain duties and responsibilities under this chapter, or the Director's duly authorized representative.

DISCHARGE

See "indirect discharge."

DOMESTIC SOURCE

Any residence, building, structure, facility or installation from which there is or may be discharged to the POTW only sanitary sewage.

EPA

The United States Environmental Protection Agency.

FIVE-DAY BIOCHEMICAL OXYGEN DEMAND ("BOD₅")

The quantity of oxygen required by microorganisms to aerobically stabilize decomposible organic matter at 20° C. over a five-day period, expressed as concentration [mass per unit volume (mg/l)].

GARBAGE

The solid wastes from the preparation, cooking and dispensing of food and from the handling, storage and sale of produce.

INDIRECT DISCHARGE

The introduction of pollutants into the POTW from any source, other than a domestic source, regulated under Section 307(b), (c) or (d) of the Act.

INDUSTRIAL USER

A source of indirect discharge.

INDUSTRIAL WASTE

Any liquid, gaseous or solid waste substance or a combination thereof resulting from any process of industry, manufacturing, trade or business, from any process related to services or activities performed by any public or private institution or facility or from the development or recovery of any natural resources.

INTERFERENCE

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 which is a cause of a violation of any requirement of the Town'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 applicable federal, state or local statutes and regulations or permits issued thereunder, as set forth in 40 CFR 403.3(i).

NATIONAL PRETREATMENT STANDARD, PRETREATMENT STANDARD OR STANDARD

Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Sections 307(b) and (c) of the Act which applies to industrial users, including prohibitive discharge limits established pursuant to 40 CFR 403.5 and Categorical Pretreatment Standards.

NEW SOURCE

Any building, structure, facility or installation, as described in 40 CFR 403.3(k), 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.

NONCONTACT COOLING WATER

The water discharged from any use, such as air conditioning, cooling or refrigeration, which does not come into contact with processing materials or products and into which are placed only biodegradable heat and water treatment additives.

PASS-THROUGH

A discharge which exits the POTW into waters of New York State or 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 Town's SPDES permit (including an increase in the magnitude or duration of a violation).

PERSON

Any individual, partnership, firm, company, public or private corporation or authority, association, joint-stock company, trust, estate, governmental entity, agency or political subdivision of a municipality, of the State of New York, of the State of New Jersey or of the United States or any other legal entity or their legal representatives, agents or assigns. The masculine gender shall include the feminine, and the singular shall include the plural where indicated by the context.

The logarithm (base 10) of the reciprocal of the molar concentration of hydrogen ions.

POLLUTANT

Any element or property of sewage, agricultural, industrial, commercial or municipal waste, leachate, heated effluent, dredged spoil, solid waste, incinerator residue, garbage, chemical wastes, biological materials, radioactive materials, rock, sand and cellar dirt which is discharged into the Town POTW.

POTW TREATMENT PLANT

That portion of the POTW designed to provide treatment (including recycling and reclamation) of municipal sewage and industrial waste.

PRETREATMENT

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 the POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, process changes or other means, except as prohibited by 40 CFR 403.6(d).

PRETREATMENT REQUIREMENT

Any substantive or procedural requirement related to pretreatment, other than a National Pretreatment Standard, imposed on an industrial user. This term shall include general and specific discharge prohibitions and pollutant limitations imposed by this chapter or Chapter 30B of the Orangetown Code.

PUBLICLY OWNED TREATMENT WORKS OR POTW

The treatment works, as defined by Section 212 of the Act, owned by the Town and known as the "Town of Orangetown Sewage Treatment Plant." This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes those sewers, pipes and other conveyances which convey wastewater to the POTW's treatment plant. For the purposes of this chapter, POTW shall also include any sewers and other facilities that convey wastewater to the POTW treatment plant from persons who are, by permit, resolution, contract or agreement with the Town, users of the POTW.

SANITARY SEWAGE

Liquid- and water-carried human and domestic wastes from residences, commercial buildings, industrial plants and institutions, exclusive of ground-, storm- and surface water and exclusive of industrial wastes.

SANITARY SEWER

A sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions, together with minor quantities of ground-, storm- and surface waters that are not admitted intentionally.

SEPTAGE

All liquids and solids in and removed from septic tanks, holding tanks, cesspools or chemical toilets, limited to those serving private residences in the Town of Orangetown.

SEWER

A pipe or conduit that carries wastewater.

SEWERAGE SYSTEM

Any device, equipment or works used in the transportation, pumping, storage, treatment, recycling and reclamation of wastewater.

SIGNIFICANT INDUSTRIAL USER

All industrial users subject to categorical pretreatment standards and any other industrial 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 wastestream 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 Director 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. Upon a finding that an industrial user meeting the foregoing criteria has no reasonable potential for violating any pretreatment standard or requirement or for adversely affecting the POTW's operation, the Director may at any time, upon his or her own initiative or in response to a petition received from an industrial user and in accordance with 40 CFR 403.8(f)(6), determine that such industrial user is not a significant industrial user. Such a determination may not be made, however, if the industrial user is subject to a categorical pretreatment standard.

SIGNIFICANT NONCOMPLIANCE (SNC)

The occurrence of any of the following:

[Added 9-11-2006 by L.L. No. 14-2006; amended 5-10-2016 by L.L. No. 4-2016]

(1)

Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all of the measurements taken for the same pollutant parameter during a six-month period exceed, by any magnitude, a numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR 403.3(1).

(2)

Technical review criteria (TRC) violations. defined here as those in which 33% or more of all of the measurements taken for the same pollutant parameter during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR 403.3(1), multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil, and grease and 1.2 for all other pollutants except pH).

(3)

Any other violation of a pretreatment standard or requirement (daily maximum, long-term average. instantaneous limit. or narrative standard) that the 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 to the environment or has resulted in the POTW's exercise of its emergency authority to halt or prevent such a discharge.

(5)

Failure to meet, within 90 days of 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 compliance schedules.

(7)

Failure to accurately report noncompliance.

(8)

Any other violation or group of violations, which may include a violation of best management practices, which the POTW determines will adversely affect the operation or implementation of the local pretreatment program.

SLUDGE

Waste containing varying amounts of solid contaminants removed from water, sanitary sewage, wastewater or industrial wastes by physical, chemical or biological treatment.

SLUG

Any discharge of a nonroutine, episodic nature, including, but not limited to, an accidental spill or noncustomary batch discharge which causes a violation of the prohibited discharge standards of this Code or adversely affects the sewerage system.

SPDES PERMIT

A State Pollutant Discharge Elimination System permit issued pursuant to Section 402 of the Act, 33 U.S.C. § 1342, and Article 17 of the New York Environmental Conservation Law.

TOTAL SUSPENDED SOLIDS (NONFILTERABLE RESIDUE)

The residue remaining on a standard filter after drying at 103° C. to 105° C., expressed as concentration [mass per unit volume (mg/l)].

TOWN

Unless otherwise specified, the Town of Orangetown, acting through its Town Board and Sewer Department.

TOXIC POLLUTANT

Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the EPA under Section 307(a) of the Act or other acts or in regulations promulgated under New York State law.

USER

Any domestic source or industrial user which discharges wastewater to the POTW.

WASTEWATER

The liquid- and water-carried industrial, nondomestic or domestic wastes, including sewage, industrial waste, other wastes or any combination thereof, from dwellings, commercial buildings, industrial facilities and institutions, together with any ground-, surface and stormwater that may be present, whether treated or untreated, which is discharged into the POTW.

WASTEWATER DISCHARGE PERMIT OR PERMIT

The document issued to industrial users by the Town of Orangetown for the discharge of wastewater, as set forth in § 30A-15 of this chapter.

WATERS OF THE STATE

All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, border upon or are within the jurisdiction of the state.

Word usage. "Shall" is mandatory; "may" is permissive.