Unless the context specifically indicates otherwise, the meanings
of terms used in this article shall be as follows:
ACT
The Federal Water Pollution Control Act, also known as the
"Clean Water Act," as amended, 33 U.S.C. § 466 et seq.
APPLICANT or OWNER
A person requesting approval to discharge industrial or domestic
wastewaters directly or indirectly into the facilities of the City
or the Village of Hagaman.
APPROVED LABORATORY PROCEDURE
Analytical test procedures identified in the Environmental
Protection Agency (EPA) Guidelines Establishing Test Procedures for
the Analysis of Pollutants (40 CFR 136), or as approved by the NYSDEC.
AUTHORIZED AGENT/REPRESENTATIVE OF INDUSTRIAL USER
An authorized agent/representative of an industrial user
may be:
(1)
A principal executive officer of at least the level of vice
president if the industrial user is a corporation;
(2)
A general partner or proprietor, if the industrial user is a
partnership or proprietorship, respectively; or
(3)
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 approved laboratory procedures, five days
at 20° C. or 68° F., expressed in terms of milligrams per
liter (mg/l).
BUILDING DRAIN
The part of the lowest horizontal piping of a drainage system
which receives the discharge from the soil, waste and other drainage
pipes inside the walls of the building and conveys it to the building
sewer, beginning five feet outside the inner surface of the foundation
wall (synonymous with "drain").
BUILDING SEWER
The extension from the building drain to the public sewer
or other place of disposal. (See "connection.")
CHEMICAL OXYGEN DEMAND (COD)
The amount of oxygen required for the complete chemical oxidation
of organics and oxidizable inorganics in a liquid under approved laboratory
procedures, expressed as milligrams per liter (mg/l).
CITY
The City of Amsterdam, County of Montgomery, State of New
York, or the Common Council of the City of Amsterdam, acting through
the Mayor or his designee, including the City Health Commissioner.
CITY ENGINEER
The professional engineer retained as City Engineer for the
City or his authorized deputy, agent or representative.
COMBINED SEWER
Any sewer which serves the function of transporting combined
sanitary and/or industrial wastes and stormwater.
COMMISSIONER
The Director of Public Works of the City or his authorized
deputy, agent or representative.
COMMON COUNCIL
The legislative governing body of the City of Amsterdam,
New York.
CONNECTION
Any building or house sewer, stormwater sewer, force main
or other conduit or means permitting discharge of water or wastes
directly or indirectly to a public sewer.
COOLING WATER
The water discharged from any system of condensation, air conditioning, cooling, refrigeration or other sources. Such water shall contain no polluting substances which could produce BOD, SS or toxic pollutants or substances limited in §
195-5 of this article.
DEPUTY MAYOR
The Alderperson duly elected by the Common Council to be
Deputy Mayor.
DISCHARGE
The releasing, spilling, leaking, pumping, pouring, flowing,
emitting, emptying or dumping of pollutants or wastewater into the
POTW or local sewer system.
EFFLUENT
Wastewater flowing out of any treatment device or facility.
ENVIRONMENTAL PROTECTION AGENCY (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.
FACILITIES
Structures and conduits for the purpose of collecting, treating,
neutralizing, stabilizing or disposing of domestic wastewater and/or
industrial or other wastewaters as are disposed of by means of such
structures and conduits, including treatment and disposal works, necessary
interpreting, outfall and outlet sewers, and pumping stations integral
to such facilities with sewers, equipment, furnishings thereof and
other appurtenances connected therewith.
GARBAGE
Strictly food waste, that is, organic material resulting
from the domestic and/or commercial preparation, cooking, dispensing,
handling, storage and/or sale of food.
GREASE or OIL
Includes the non-petroleum-based pollutants of animal and
vegetable origin which are analyzed by the analytical method for oil
and grease referenced in 40 CFR 136 and the petroleum-based pollutants
analyzed by the method for petroleum hydrocarbons cited in Methods
for Chemical Analysis of Water and Wastes, USEPA, Environmental Monitoring
and Support Laboratory, Office of Research and Development, Cincinnati,
Ohio, March 1979, including amendments and revisions.
GRIEVANCE COMMITTEE
The committee of persons meeting for the purpose of hearing
and determining complaints or appeals from determinations made or
established under this article. The grievance committee shall consist
of the City Engineer, Deputy Mayor and the Corporation Counsel.
HOLDING TANK WASTE
Wastes from detention tanks such as vessels, chemical toilets,
septic tanks and vacuum-pump tank trucks.
INDUSTRIAL USER
Any user of the POTW or local sewer system discharging wastewater
containing industrial wastes and identified in the Standard Industrial
Classification (SIC) Manual, 1972, Office of Management and Budget,
as amended and supplemented, under one of the following divisions:
(1)
Division A: agriculture, forestry and fishing.
(3)
Division D: manufacturing.
(4)
Division E: transportation, communications, electric, gas and
sanitary services.
INDUSTRIAL WASTE
Any liquid, gaseous or solid substances, or a combination
thereof, resulting in any process of industry, manufacturing, trade
or business, as distinct from sanitary wastes and from cooling water.
INFILTRATION
Water, other than wastewater, that enters a sewer system
(excluding building drains) from the ground through such means as
defective pipes, pipe joints, connections or manholes. Infiltration
does not include, and is distinguished from, inflow. Infiltration
is inadvertent, that is, not purposely designed or built into the
sewer or drain.
INFLOW
Water, other than wastewater, that enters a sewer system
(excluding building drains) from sources such as, but not limited
to, roof leaders, cellar drains, area drains, drains from springs
or swampy areas, manhole covers, cross connections between storm sewers
and sanitary sewers, catch basins, cooling towers, stormwaters, foundation
drains, swimming pools, surface runoff, street wash waters, or drainage.
Inflow does not include, and is distinguished from, infiltration.
Inflow is purposely designed and/or built into the sewer or drain.
INFLUENT
Wastewater, untreated or partly treated, flowing into a wastewater
treatment device or facility.
INTERFERENCE
Discharge which, alone or in conjunction with a discharge
or discharges from other sources, both:
(1)
Inhibits or disrupts the POTW, its treatment process or operation
or its sludge process, use or disposal; and
(2)
Therefore is a cause of a violation of any requirement of the
POTW's State Pollutant Discharge Elimination (SPDES) permit (including
an increase in the magnitude or duration of a violation) or 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
Clean Water Act, the Solid Waste Disposal Act (SWDA) [including Title
II, more commonly referred to as the "Resource Conservation and Recovery
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.
LOCAL SEWER SYSTEM
Any sewer or system of sewers which is connected directly
or ultimately to the POTW and owned and/or operated by a participant
(synonymous with "local sewerage system" and "local sewers").
NATIONAL CATEGORICAL PRETREATMENT STANDARD
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with Section 307(b) and (c) of the Act, which
applies to a specific category of industrial users (synonymous with
"categorical pretreatment standard").
NATURAL OUTLET
Any outlet not caused by a person allowing flow into a watercourse,
pond, ditch, lake or other body of surface water or groundwater.
NEW SOURCE
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 regulations prescribed
per Section 307(c) of the Act (National Categorical Pretreatment Standards),
which will be applicable to such source if such standard is thereafter
promulgated in accordance with that section.
OBJECTIONABLE COLOR
A discoloration of water, caused by the discharge of substances,
such as, but not limited to, dye wastes, tanning solutions and inks,
which would cause violation of the POTW treatment plant permit or
the receiving water quality standards.
PARTICIPANTS
The Town of Amsterdam, Town of Florida, Village of Fort Johnson
and the Village of Hagaman.
PASS-THROUGH
Discharge which exits the POTW into 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 violation
of any requirement of the POTW's NPDES permit (including an increase
in the magnitude or duration of a violation).
PERSON
Any individual, partnership, copartnership, firm, company,
corporation, association, joint-stock company, trust, estate, governmental
entity or their representatives, agents or assignors. The masculine
gender shall include the feminine, and 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 moles per liter of solution.
POLLUTANT
Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, 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 natural chemical,
physical, biological and radiological properties of water.
PREMISES
Any parcel of real property, including land, improvements
or appurtenances, buildings, ground, etc.
PRETREATMENT
The application of physical, chemical or biological processes
to reduce the amount of pollutants in, or alter the nature of the
polluting properties of, wastewater prior to discharging such wastewater
to the POTW or local sewer system.
PRETREATMENT STANDARDS
All applicable federal, state or local substantive or procedural
requirements related to pretreatment, other than a National Categorical
Pretreatment Standard imposed on an industrial user.
PUBLICLY OWNED TREATMENT WORKS (POTW)
A treatment works, as defined by Section 212 of the Act,
which is owned by the City. This definition includes public sewers
within the City and excludes those included in the local sewer system.
PUBLIC SEWER
A sewer in which all owners of abutting properties have equal
rights and which is controlled by public authorities.
SANITARY WASTE
Washwater, culinary wastes and liquid waste containing human
excreta and similar matter. Sanitary waste does not include and is
distinguished from industrial waste or cooling water (synonymous with
"domestic wastewater."
SEPARATE SANITARY SEWER
A sewer intended to transport only sanitary waste and to
which stormwater, surface water and groundwater are not intentionally
admitted (synonymous with "domestic sewer").
SEWER
A pipe or conduit for carrying wastewater.
SHREDDED GARBAGE
Garbage shredded to such a degree that all particles have
a dimension greater than 1/2 inch in any direction.
SIGNIFICANT INDUSTRIAL USER
All industrial users subject to categorical pretreatment
standards under 40 CFR Chapter I, Subchapter N; and
(1)
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 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 of Amsterdam as defined in 40 CFR 403.12(a) 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)].
(2)
Upon a finding that an industrial user meeting the criteria
described herein has no reasonable potential for adversely affecting
the POTW's operation or for violating any pretreatment standard
or requirement, the City of Amsterdam [or control authority, as defined
in 40 CFR 403.12(a)] may at any time, on its own initiative or in
response to a petition received from an industrial user or POTW, and
in accordance with 40 CFR 403.8(f)(6), determine that such industrial
user is not a significant industrial user.
SIGNIFICANT NONCOMPLIANCE
Any violation that 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 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;
(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, 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 after the scheduled 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 City determines
will adversely affect the operation or implementation of the local
pretreatment program.
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
A classification pursuant to the Standard Industrial Classification
Manual issued by the United States Office of Management and Budget,
as amended and supplemented.
STATE
The State of New York.
STATE LAWS
The Annotated Laws of the State of New York.
STORM SEWER
A conduit which is intended to transport only stormwaters
and surface waters and drainage to which sanitary wastes are not intentionally
admitted (synonymous with "storm drain").
STORMWATER
Any flow resulting from any form of natural precipitation,
excluding flow which becomes part of the groundwater.
SUSPENDED SOLIDS (SS)
The total suspended matter that floats on the surface of
or is suspended in water, wastewater or other liquids and which is
removable by filtering under standard laboratory procedures for total
suspended residue.
TOWN
The Town of Amsterdam or Town of Florida (synonymous with
"participant").
TOXIC POLLUTANT or TOXIC SUBSTANCE
Those pollutants, or combinations of pollutants, including
disease-causing agents, which, after discharge and upon exposure,
ingestion, inhalation or assimilation into any organism, either directly
or indirectly by ingestion through food chains, may, on the basis
of information available to the EPA, cause death, disease, behavioral
abnormalities, cancer, genetic mutations, physiological malfunctions,
including malfunctions in reproduction or physical deformation in
such organisms or their offspring. Toxic pollutants shall include
but shall not be limited to those pollutants designated under Section
307 of the Act.
USER
Any person who contributes, causes or permits the contribution
of pollutants or wastewater into the POTW or local sewer system.
VILLAGE
The Village of Hagaman or Village of Fort Johnson (synonymous
with "participant").
WASTES
Substances in liquid, solid or gaseous form that can be carried
in water.
WASTEWATER
The liquid and water-carried industrial or sanitary 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 enters the POTW or
the local sewer systems (synonymous with "sewage").