Words defined. Unless the context specifically indicates otherwise,
the following terms and phrases, as used in this chapter, 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.
APPROVAL AUTHORITY
The Director in an NPDES state with an approved state pretreatment
program and the Administrator of the EPA in an NPDES state without
an approved state pretreatment program.
AUTHORIZED REPRESENTATIVE OF 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.
(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 standard laboratory procedure, five days at
20° C. expressed in milligrams per liter (mg/l).
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 sewer,
beginning five feet 1.5 meters outside the inner face of the building
wall. "Building sewer" shall mean the extension from the building
drain to the public sewer or other place of disposal.
CITY
The City of Plattsburgh and its Common Council.
COMPATIBLE POLLUTANT
Biochemical oxygen demand, suspended solids, pH and fecal
coliform bacteria, plus any additional pollutants identified in the
City water pollution control plant's SPDES permit, where this plant
is designed to treat such pollutants and, in fact, does treat such
pollutants to the degree required by the WPCP SPDES permit.
CONTROL AUTHORITY
Refers to the "approval authority" defined hereinabove; when
the City has an approved pretreatment program under the provisions
of 40 CFR 403.11, the "control authority" shall be the "Superintendent,"
as defined below.
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.
EASEMENT
Private property through which the City holds a duly negotiated
easement for the purposes of, but not limited to, inspection, observation,
measurement, sampling, repair and maintenance.
GARBAGE
Solid wastes from the domestic and commercial preparation,
cooking and dispensing of food and from the handling, storage and
sale of produce.
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.
INDIRECT DISCHARGE
The discharge or the introduction of nondomestic pollutants
from any source regulated under Section 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 Section
402 of the Act (33 U.S.C. 1342).
INDUSTRIAL WASTE
The liquid wastes from industrial manufacturing processes,
trade or business as distinct from sanitary sewage.
INTERFERENCE
The inhibition or disruption of the City WPCP treatment processes
or operations which contributes to a violation of any requirement
of the City's SPDES permit. The term includes prevention of sewage
sludge use or disposal by the City in accordance with Section 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 by the WPCP.
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 (33
U.S.C. § 1347) which applies to a specific category of industrial
users.
[Amended by L.L. No. 1-1997]
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake or other
body of surface or groundwater.
NEW SOURCE
Any building, structure, facility or installation from which
there is or may be a discharge, the construction of which commenced:
(1)
After promulgation of pretreatment standards under Section 307(c)
of the Act which are applicable to such source; or
(2)
After proposal of pretreatment standards in accordance with
Section 307(c) of the Act which are applicable to such source, but
only if the standards are promulgated in accordance with Section 307(c)
within 120 days of their proposal.
PASS THROUGH
A discharge which exits the City WPCP into waters of the
United States in quantities or concentrations which, alone or in conjunction
with a discharge or discharges from other sources, causes, contributes
to the cause of, or increases the magnitude or duration of, a violation
of any requirement of the City WPCP's SPDES permit.
[Added by L.L. No. 1-1997]
PERSON
Any individual, firm, company, association, partnership,
society, joint-stock company, corporation, group, trust, estate, governmental
entity or any other legal entity or their representatives, agents
and assigns.
pH
A measure of the acidity or alkalinity in a water or wastewater
discharge.
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.
PRETREATMENT STANDARDS
Prohibited discharge standards, categorical pretreatment
standards, and local limits.
[Added by L.L. No. 1-1997]
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 and 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.
PROPERLY SHREDDED GARBAGE
The wastes from the preparation, cooking and dispensing of
food that have been shredded to such a 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 (1.27 centimeters)
in any dimension.
PUBLIC SEWER
A sewer in which all owners of abutting properties have equal
rights and is controlled by public authority.
PUBLICLY OWNED TREATMENT WORKS (POTW)
A treatment works as defined by Section 212 of the Act (33
U,S.C. § 1292), which is owned in this instance by the City.
This definition includes 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 chapter, "POTW" shall also include 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.
SANITARY SEWER
A sewer which carries sewage and to which stormwater, surface
water and groundwater are not intentionally admitted.
SEWAGE
A combination of the water-carried wastes from residences,
business buildings, institutions and industrial establishments, together
with such ground, surface and stormwaters as may be present.
SEWAGE WORKS
All facilities for collecting, pumping, treating and disposing
of sewage.
SEWER
All pipe or conduit for carrying sewage.
SIGNIFICANT INDUSTRIAL USER
Any industrial user of the City's wastewater disposal system
who is subject to promulgated categorical pretreatment standards (NRDC
Consent Decree Industries); or is found by the City, state or the
United States Environmental Protection Agency (EPA) 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; or is a
manufacturing industry annually using over 10,000 pounds or 1,000
gallons of raw materials containing priority pollutants/substances
of concern and discharging a measurable amount of these pollutants
to the sewer system; discharges an average of 25,000 gallons per day
or more of process wastewater to the City WPCP (excluding sanitary
noncontact cooling and boiler blowdown wastewater); or has a process
discharge flow more than 5% of the flow or load carried by the City
WPCP.
[Amended by L.L. No. 1-1997]
SIGNIFICANT NONCOMPLIANCE
A significant industrial user [or any industrial user which violates Subsection
(3),
(4) or
(8) of this definition] is in significant noncompliance if its violation meets one or more of the following criteria:
[Added by L.L. No. 1-1997; amended by L.L. No. 3-2012]
(1)
Chronic violations of wastewater discharge limits, defined here
as those in which 66% or more of all 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(l);
(2)
Technical Review Criteria (TRC) violations, defined here as
those in 33% or more of all of the measurements taken for the same
pollutant parameter taken during a six-month period equal to or exceed
the product of the numeric pretreatment standard or requirement, including
instantaneous limits, as defined by 40 CFR 403.3(l) 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 causes imminent endangerment
to human health, welfare or to the environment or has results in the
POTW's exercise of its emergency authority under 40 CFR 403.8(f)(1)(VI)(B)
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, 90-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 the implementation of the local
pretreatment program.
SLUG
Any discharge of water, sewage or industrial waste which
in concentration of any given constituent or in quantity of flow exceeds
for any period of duration longer than 15 minutes more than five times
the average 24-hour concentration or flows during normal operation.
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.
STORM DRAIN (or "STORM SEWER")
A sewer which carries stormwater and surface water and drainage,
but excludes sewage and industrial wastes, other than unpolluted cooling
water.
STORMWATER
Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
SUPERINTENDENT
The person designated by the City to supervise the operation
of the water pollution control plant, and who is charged with certain
duties and responsibilities by this chapter, or his duly authorized
deputy, agent or 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 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 the Clean Water Act, Section
307(a), or other acts.
UNPOLLUTED WATER
Natural water containing no man-made or man-induced alteration
of its chemical, physical, biological or radiological characteristics.
"Unpolluted cooling water" means natural water containing only heat
in quantities which will not contravene water quality standards or
limitations imposed in this chapter.
USER
Any person who contributes, causes or permits the contribution
of wastewater into the City's water pollution control plant.
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 water pollution control plant.
WATERCOURSE
A channel in which a flow of water occurs, either continuously
or intermittently.
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.