Unless the context indicates otherwise, the meaning used in this
Part 1 shall be as follows:
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., as may be
amended.
ADMINISTRATOR
The Regional Administrator of the United States Environmental
Protection Agency, Region 2.
APPLICANT
That person who makes application for any permit. The applicant
may be an owner, new or old, or his agent.
APPROVAL AUTHORITY
The United States Environmental Protection Agency, or the
New York State Department of Environmental Conservation (NYSDEC),
in the event that the NYSDEC is delegated approval authority responsibility.
APPROVED LABORATORY PROCEDURE
The procedures defined as "standard methods" in this article,
or other procedures approved by the Superintendent, for flow measurement
or determination of the concentration of pollutants, or their surrogates,
in waters and/or wastewaters.
AUTHORIZED REPRESENTATIVE OF THE INDUSTRIAL USER
(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 overall operation
of the facilities for which the indirect discharge originates.
BOD (DENOTING BIOCHEMICAL OXYGEN DEMAND)
The result obtained, using an approved laboratory procedure,
to determine the quantity of oxygen utilized in the biochemical oxidation
of organic matter or in satisfying the oxygen demand of other materials
present, in a sample, expressed in milligrams per liter.
BUILDER
Any person who undertakes to construct a building or any
part of a building, either under contract or for resale.
BUILDING DRAIN
The part of the lowest horizontal piping of a building drainage
system which receives the discharge from soil, waste and other drainage
pipes inside the building walls and conveys it to the building lateral,
which begins five feet outside the inner face of the building wall.
CHLORINE DEMAND
The result obtained, using an approved laboratory procedure,
to determine the difference between the amount of chlorine added to
a sample and the amount of chlorine remaining in the sample at the
end of a specified contact time at room temperature, expressed in
milligrams per liter.
COD (DENOTING CHEMICAL OXYGEN DEMAND)
The result obtained, using an approved laboratory procedure,
to measure the oxygen requirement of that portion of organic matter
in a sample that is susceptible to oxidation, by a specific chemical
oxidant, expressed in milligrams per liter.
COLOR
The optical density at the visual wave length of maximum
absorption, relative to distilled water. 100% transmittance is equivalent
to 0.0 optical density.
COMPOSITE SAMPLE
The sample resulting from the combination of individual samples
of wastewater taken at selected intervals, generally hourly for a
specified time period. The individual samples may have equal volumes
or the individual volumes may be proportioned to the flow at the time
of sampling.
CONNECTION CHARGE (TAP FEE)
The one-time application fee to offset Village expenses to
process an application for a connection of a building/street level
lateral to the public sewer. The fee also covers plan review, permit
issuance and inspection costs. The fee may be scaled to the amount
of work involved or to the size of the public sewer involved.
CONTROL AUTHORITY
Refers to approval authority or to the Superintendent, when
the Village has an approved, pretreatment program under the provisions
of 40 CFR 403.11.
CONTROL MANHOLE
An accessible manhole in the connection between a private
sewer (or street lateral) and the public sewer.
CONVENTIONAL POLLUTANT
A pollutant that the sewage treatment plant was designed
to treat, as defined in accordance with the Act.
COOLING WATER
The water discharged from any system of condensation, air
conditioning, refrigeration or other sources. It shall contain no
polluting substances which would produce COD or suspended solids in
excess of five milligrams per liter or toxic substances, as limited
elsewhere in this Part 1.
COUNTY
The county in which the Village is located.
DEVELOPER
Any person who subdivides land for the purpose of constructing
or causing to be constructed buildings for which wastewater disposal
facilities are required.
DIRECT DISCHARGE
The discharge of treated or untreated wastewater directly
to the waters of the State of New York (for reference, see "indirect
discharge").
EASEMENT
An acquired legal right for the specific use of land owned
by others.
END OF PIPE
For the purposes of determining compliance with limitations prescribed by §
135-72, shall mean the junction of the street lateral with the public sewer.
END-OF-PIPE CONCENTRATION
The concentration (of a substance) in a wastewater sample
at the end of pipe. With approval of the Superintendent, an alterative
location in the building lateral, street lateral or building drain
may be designated for obtaining the sample, provided that there would
be no change in wastewater characteristics between the sampling place
and the end-of-pipe place. The alternative place may then serve as
the end of pipe.
FLOATABLE OIL
Oil, grease or fat in a physical state such that it will
separate by gravity from wastewater by treatment in an approved pretreatment
facility.
FLOW RATE
The quantity of liquid or waste that flows in a certain period
of time.
GARBAGE
The solid wastes from the preparation, cooking and dispensing
of food; from the handling, storage and sale of produce; and from
the packaging and canning of food.
GRAB SAMPLE
A single sample of wastewater representing the physical,
chemical and biological characteristics of the wastewater at one point
and time.
ICS FORM
The form used by the NYSDEC to survey industries.
INDIRECT DISCHARGE
The introduction of wastewater into a POTW for treatment
and ultimate discharge of the treated effluent to a surface water.
INDUSTRIAL CHEMICAL SURVEY (ICS)
The survey of industries in New York State, initiated by
the NYSDEC, to determine chemical usage and storage by those industries.
INDUSTRIAL WASTES
The liquid or liquid-carried solid, liquid and/or gaseous
wastes from industrial manufacturing processes, trade or business,
as distinct from a sanitary sewage.
INFILTRATION
Waste, other than wastewater, that enters a sewer system
(excluding sewer service connections and foundation 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
(including sewer service connections) from sources such as, but not
limited to, roof leaders, cellar drains, area drains, drains from
springs and swampy areas, manhole covers, cross-connections between
storm sewers and sanitary sewers, catch basins, cooling towers, stormwaters,
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.
INTERFERENCE
A discharge which, alone or in conjunction with discharges
by other sources, inhibits or disrupts the POTW, its treatment processes
or operations or its sludge processes or use of disposal and which
is a cause of a violation of any requirement of the POTW's NYSDEC
permit (including an increase in the magnitude of duration of a disposal
by the POTW in accordance with the following statutory provisions
and regulations or permits issued thereunder (or more stringent state
or local regulations): § 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 Substance Control Act and the Marine Protection Research and Sanctuaries Act.
LATERAL, BUILDING
The sewer extension from the building drain to the street
lateral or other place of wastewater disposal.
LATERAL, STREET
The sewer extension from the public sewer to the property
line.
NATIONAL CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL 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. § 1317), which applies to a specific category
of industrial users. These standards apply at the end of the categorical
process (end of process).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
NATURAL OUTLET
Any outlet, including storm sewers and combined sewer overflows,
into a watercourse, ponds, ditch, lake or other body of surface water
of groundwater.
NEW OWNER
That individual or entity who purchased property within the
service area of the Village after the effective date of this Part
1.
NEW SOURCE
Any source, the construction of which commenced after the
publication of proposed regulation 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 with that section.
NEW USER
A discharger to the POTW who commences discharge after the
effective date of this Part 1, also the agent of the new owner.
NUISANCE
The use or lack of use of the POTW in such a manner so as
to endanger life or health or give offense to the senses, obstruct
or otherwise interfere with the reasonable use or maintenance of the
POTW.
OIL AND GREASE
The result obtained, using an approved laboratory procedure,
to determine the quantity of fats, wax, grease and oil, in sample,
expressed in milligrams per liter.
OLD OWNER
That individual or entity who owns or owned a property within
the service area of the Village purchased prior to the effective date
of this Part 1 or who inherited the property at any time and who intends
to sell the property or has sold the property to a new owner; also
the agent of the old owner.
OTHER WASTES
Garbage (shredded or unshredded), refuse, wood, egg shells,
coffee grounds, sawdust, shavings, bark, sand, lime, ashes and all
other discarded matter not normally present in sewage on industrial
wastes. Also, the discarded matter not normally present in sewage
or industrial waste.
PASS-THROUGH
The discharge of pollutants through the POTW into navigable
waters in quantities or concentrations, which, alone or in conjunction
with discharges from other sources, is a cause of a violation of any
requirement of the POTW's NPDES permit (including an increase in the
magnitude or duration of a violation).
PERMIT
A temporary revocable written document allowing use of the
POTW for specified wastes over a limited period of time, containing
sampling locations and reporting frequencies and requiring other actions
as authorized by this Part 1.
pH
The logarithm (base 10) of the reciprocal of the weight by
hydrogen ions, in grams per liter of solution. A pH value of 7.0,
the pH scale midpoint, represents neutrality. Values above 7.0 represent
alkaline conditions. Values below 7.0 represent acid conditions.
POLLUTANT
Any material placed into or onto the state's waters, lands
and/or airs, which interferes with the beneficial use of that water,
land and/or air by any living thing at any time.
POLLUTION
The man-made or man-induced alteration of the chemical, physical,
biological and/or radiological integrity of the state's waters, lands
and/or airs resulting from the introduction of a pollutant into these
waters.
POTW TREATMENT PLANT
That portion of the POTW designed to provide treatment to
wastewater and to treat sludge and residuals derived from such treatment.
PRETREATMENT (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 achieved by physical, chemical or biological
process, process changes or by 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.
PRIORITY POLLUTANTS
The most recently revised or updated list, developed by the
EPA, in accordance with the Act.
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 and with no particle having dimension greater than 1/2
inch in any dimension.
PUBLICLY OWNED TREATMENT WORKS (POTW)
A treatment works, as defined in § 212 of the Act,
(33 U.S.C. § 1292), which is owned, in this instance, by
the Village. This definition includes any sewers and appurtenances
that transport wastewater to the POTW treatment plant, but does not
include pipes, sewers, or other conveyances not connected directly
or indirectly to a facility providing treatment.
RECEIVING WATERS
A natural watercourse or body of water (usually waters of
the state) into which treated or untreated sewage is discharged.
SEPTAGE
The matter removed from septic tanks, cesspools or approved
type of chemical toilets, serving private residences, commercial establishments,
institutions and industries. Also sludge from small sewage treatment
plants. The sludge shall not have been contaminated with substances
of concern or priority pollutants.
SEPTIC TANKS
A private domestic sewage treatment system consisting of
an underground tank (with suitable baffling), constructed in accordance
with any and/or all local and state requirements.
SERVICE AREA OF THE POTW
The legally defined bounds of real property from which wastewater
may be discharged into the POTW. The bounds may be established, altered,
changed, modified, reduced, enlarged, combined or consolidated by
action of the Village Board.
SEWAGE
A combination of the water-carried wastes from residences,
business buildings, institutions and industrial establishments and
such groundwater, surface water and stormwater as may be inadvertently
present. The admixture of sewage, as defined above, with industrial
wastes and other wastes shall also be considered sewage within the
meaning of this definition.
SEWAGE, DOMESTIC (DOMESTIC WASTES)
Liquid wastes from the noncommercial preparation, cooking
and handling of food or liquid wastes containing human excrement and
similar matter from the sanitary conveniences in dwellings, commercial
building, industrial buildings and institutions (see "sewage, sanitary").
SEWAGE, NORMAL
Sewage, industrial wastes or other wastes which show, by
analysis, the following characteristics:
(1)
BOD (five-day): 2,090 pounds per million gallons (250 milligrams
per liter) or less.
(2)
Suspended solids: 2,500 pounds per million gallons (300 milligrams
per liter) or less.
(3)
Phosphorus: 125 pounds per million gallons (15 milligrams per
liter) or less.
(4)
Chlorine demand: 209 pounds per million gallons (25 milligrams
per liter) or less.
(5)
Chemical oxygen demand: 2920 pounds per million gallons (350
milligrams per liter) or less.
(6)
Oil and grease: 830 pounds per million gallons (100 milligrams
per liter) or less.
SEWAGE, SANITARY
Liquid wastes from the sanitary conveniences of dwellings
(including apartment houses and hotels), office buildings, factories
or institutions and free from stormwater, surface water and industrial
and other wastes (see "domestic wastes").
SEWER
A pipe or conduit for carrying or transporting sewage.
SEWER, COMBINED
A sewer designed to receive and transport both surface runoff
and sewage.
SEWER, PUBLIC
A sewer in which all abutting property owners have equal
rights and the use of which is controlled by the Village.
SEWER, SANITARY
A sewer which carries sewage and to which stormwaters, surface
waters and groundwaters are not intentionally admitted.
SEWER, STORM (STORM DRAIN)
A sewer which carries stormwaters and surface waters and
drainage, but excludes sewage and industrial wastewaters, other than
cooling waters and other unpolluted waters.
SEWERAGE SURCHARGE
The demand payment for the use of a public sewer and/or sewage
treatment plant for the handling of any sewage, industrial wastes
or other wastes accepted for admission thereto in which the characteristics
thereof exceed the maximum values of such characteristics in normal
sewage (see "volume charge").
SEWERAGE SYSTEM (ALSO POTW)
All facilities for collecting, regulating, pumping and transporting
to and away from the sewage treatment plant.
SLUG
A substantial deviation from normal rates of discharge or
constituent concentration (see "normal sewage") sufficient to cause
interference with the operation or performance of the wastewater transportation
system or treatment facilities. In any event, the discharge shall
not exceed, in concentration of any constituent or in quantity of
flow, exceeds, for any period of duration longer than 15 minutes,
more than five times the average twenty-four-hour concentration or
flow 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, and subsequent revisions.
STANDARD METHODS
Procedures contained in the latest edition of Standard Methods
for the Examination of Water and Wastewater, published by the American
Public Health Association, procedures established by the Administrator,
pursuant to § 304(G) of the Act and contained in 40 CFR
Part 136 and amendments thereto (if 40 CFR Part 136 does not include
a sampling or analytical technique for the pollutant in question,
then procedures set forth in EPA publication, Sampling and Analysis
Procedures for Screening of Industrial Effluents for Priority Pollutants,
April 1977 and amendments thereto, shall be used), any other procedure
approved by the Administrator, or any other procedure approved by
the Superintendent, whichever is the most conservative.
STORMWATER
Any flow occurring during or following any form of natural
precipitation; also the flow resulting therefrom.
SUBSTANCES OF CONCERN
Those compounds which the New York State Department of Environmental
Conservation has determined may be harmful to man or the environment.
SUPERINTENDENT
That individual nominated by the Village Mayor and confirmed
by the Village Board as the Superintendent of Public Works. This definition
shall also include his authorized deputy, agent or representative.
SUSPENDED SOLIDS
The result obtained, using an approve laboratory procedure,
to determine the dry weight of solids, in a sample, that either float
on the surface of or are in suspension or are settleable and can be
removed from the sample by filtration, expressed in milligrams per
liter.
TOTAL KJELDAHL NITROGEN (TKN)
The result obtained, using an approved laboratory procedure,
to determine the quantity of ammonia in a sample and released during
the acid digestion of organic nitrogen compounds expressed as milligrams
of nitrogen per liter.
TOTAL PHOSPHORUS
The result obtained, using an approved laboratory procedure,
to determine the total quantity of orthophosphate, in a sample of
wastewater, following the hydrolysis of phosphorus compounds, expressed
as milligrams of phosphorus per liter of sample.
TOXIC SUBSTANCES
Any substance, whether gaseous, liquid or solid, that when
discharged to a public sewer in sufficient quantities, may be hazardous
to sewer maintenance personnel, tends to interfere with any biological
sewage treatment process, or constitutes a hazard to recreation in
the receiving waters of the effluent from a sewage treatment plant
or overflow point; any pollutant or combination of pollutants listed
as toxic in regulations promulgated by the EPA under provisions of
the Clean Water Act § 307(A), or other Acts.
USER
Any person who contributes, causes or permits the contribution
of wastewater into the POTW.
USER, EXISTING
A discharger to the POTW who is discharging on or before
the effective date of this Part 1.
USER, INDUSTRIAL
A discharger to the POTW who discharges nondomestic wastewater.
USER, NEW
A discharger to the POTW who initiates discharge after the
effective date of this Part 1.
USER, SIGNIFICANT INDUSTRIAL
An industrial user of the Village POTW who is:
(1)
Subject to National Categorical Pretreatment Standards promulgated
by the EPA;
(2)
Having a substantial impact, either singly or in combination
with other industries, on the operation of the treatment works;
(3)
Using, on an annual basis, more than 10,000 pounds or 1,000
gallons of raw material containing priority pollutants and/or substances
of concern and discharging a measurable quantity of these pollutants
to the sewer system;
(4)
Discharging more than 5% of the flow or load of conventional
pollutants received by the POTW treatment plant.
VILLAGE
The Village of Lima, as incorporated in 1867.
VOLUME CHARGE (USER CHARGE)
The demand sewer charge which is based, in part or entirely, on the volume of normal sewage discharged into the POTW (there may be surcharges, as provided for in Article
XII). The volume charge shall be based on a specific cost per 100 cubic feet or per 1,000 gallons. The specific charge shall be subject to approval by the Village Board. The moneys so obtained shall be used for current operation and maintenance, for retirement of bonded indebtedness and for funding of capital projects of the POTW. The basis of volume charge calculations shall be made available to the public, on demand, as provided in Article
XIII. The volume charge shall be recalculated annually, as well as the surcharge rates.
WASTEWATER
The liquid and water-carried industrial or domestic wastewaters
from dwellings, commercial establishments, 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.
WATERS OF THE STATE (STATE'S WATERS)
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.