Unless otherwise stated in the section where
the term is used in this chapter, the meaning of terms used in this
chapter shall be as stated below. When not inconsistent with the context,
the present tense shall include the future, and words used in the
plural shall include the singular and vice versa. Furthermore, a masculine
pronoun shall include the feminine. "Shall" is mandatory; "may" is
permissive.
Sewage whose concentration of one or more characteristics
of normal sewage exceeds the maximum concentrations of the characteristics
of normal sewage. See "normal sewage."
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.
The Regional Administrator of the United States Environmental
Protection Agency (USEPA), Region 2.
The result obtained, using an approved laboratory procedure,
to determine the quantity of ammonia in a sample, expressed as milligrams
of nitrogen per liter.
That person who makes application for any permit. The applicant
may be an owner, new or old, or his agent.
The USEPA, or the New York State Department of Environmental
Conservation (NYSDEC), in the event that the NYSDEC is delegated approval
authority responsibility by the USEPA.
The procedures defined as "standard methods" in this article,
or other procedures approved by the Director, for flow measurement
or determination of the concentration of pollutants or their surrogates
in waters, wastewaters and/or sludges.
The latest edition of any ASTM specification, when stipulated
in this chapter.
May be:
A principal executive officer of at least the
level of vice president, if the industrial user is a corporation.
A general partner or proprietor, if the industrial
user is a partnership or proprietorship, respectively.
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.
The result obtained when using an approved laboratory procedure
to determine the quantity of oxygen utilized in the aerobic biochemical
oxidation of organic matter or in a sample, expressed in milligrams
per liter.
Any person who undertakes to construct a building or any
part of a building, either under contract or for resale.
BUILDING DRAIN --
That 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.
The result obtained when 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.
The result obtained when using an approved laboratory procedure
to measure the oxygen requirement of that portion of matter, in a
sample, that is susceptible to oxidation, by a specific chemical oxidant,
expressed in milligrams per liter.
The optical density at the visual wave length of maximum
absorption, relative to distilled water. One hundred percent transmittance
is equivalent to 0.0 optical density.
The sample resulting from the combination of individual samples
of wastewater taken at selected intervals, 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.
Attachment of one user to a sewer. (See "extension."
The one-time application fee to offset the Village of Newark
expenses to process an application for a connection of a building/street
lateral to the public sewer. The fee also covers plan review, permit
issuance, street repair cost and inspection costs. The fee may be
scaled to the amount of work involved or to the size of the public
sewer involved.
Refers to "Approval Authority," or to the director when the
Village has an approved pretreatment program under the provisions
of 40 CFR 403.11.
A manhole accessible to the control authority in or upstream
of the street lateral, such that samples collected from the manhole
represent the discharge to the POTW.
A pollutant that the POTW treatment plant was designed to
treat, defined in accordance with the Act.
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 chapter.
The county in which the Village of Newark is located.
Any person who subdivides land for the purpose of constructing,
or causing to be constructed, buildings for which wastewater disposal
facilities are required.
The discharge of treated or untreated wastewater directly
to the waters of the State of New York. (For reference, see "Indirect
Discharge.")
See "sewage, domestic."
The sanitary sewer installed in anticipation of future connection
to a POTW but which is not used, in the meantime, for transport of
storm or sanitary sewage.
An acquired legal right for the specific use of land owned
by others.
For the purpose of determining compliance with limitations prescribed by Article IX, "end of pipe" shall mean the control manhole, provided that the samples collected from the control manhole are representative of the discharge to the POTW.
The concentration of a substance in a sample of wastewater
at end of pipe.
See "National Categorical Pretreatment Standard."
The agency of the federal government charged with the administration
and enforcement of federal environmental laws, rules and regulations.
Also may be used as a designation for the Administrator or other duly
authorized official of this Agency.
Attachment of a sewer line, with more than one user, to an
existing sewer line.
All buildings, other structures, grounds and contiguous property
at any locations related to or connected with a user at the user's
location.
Oil, grease or fat in a physical state such that it will
separate by gravity from wastewater by treatment in a wastewater treatment
facility.
The quantity of liquid or waste that flows in a certain period
of time.
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.
A single sample of wastewater representing the physical,
chemical and biological characteristics of the wastewater at one point
and time.
The form used by the NYSDEC to survey industries to perform
and update the Industrial Chemical Survey.
The introduction of wastewater into a POTW for treatment
and ultimate discharge of the treated effluent to the state's waters.
(For reference, see "direct discharge.")
Meaning or pertaining to industry, manufacturing, commerce,
trade, business or institution, and is distinguished from domestic
or residential.
The survey of industries in New York State, initiated by
the NYSDEC, to determine chemical usage and storage by those industries.
See "user, industrial."
The liquid or liquid-carried solid, liquid and/or gaseous
wastes from industrial manufacturing processes, trade, service, utility
or business, as distinct from sanitary sewage.
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.
Water, other than wastewater, that enters a sewer system
(including building drains) 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,
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.
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, use or disposal;
and
Therefore is a cause of a violation of any requirement
of the Village of Newark POTW'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 the
following statutory provisions and regulations or permits issued thereunder
(or more stringent state or local regulations):
Section 405 of the Clean Water Act;
SWDA) (including Title II, more commonly referred to as the "Resource Conservation and Recovery Actnservation and Recovery Act - RCRA"), and including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D or the SWDA);
The Clean Air Act;
The Toxic Substance Control Act; and
The Marine Protection Research and Sanctuaries
Act.
The sewer extension from the building drain to the street
lateral or other place of wastewater disposal.
The sewer extension from the public sewer to the property
line.
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with Section 307(B) and (C) of the Act (22
U.S.C. § 1347), which applies to a specific category of
industrial users. These standards apply at the end of the categorical
process ("end of process").
A permit issued pursuant to Section 402 of the Act (33 U.S.C.
§ 1342).
Any regulation developed under the authority of Section 307(B)
of the Act, and 40 CFR 403.5.
Any outlet, including storm sewers and combined sewer overflows,
to state's waters.
That individual or entity who purchased property within the
service area of the Village of Newark after the effective date of
this chapter.
Any source, the construction of which is commenced after
the publication of the proposed regulation prescribing a Section 307(C)
(33 U.S.C § 1317) Categorical Pretreatment Standard which
will be applicable to such source, if such standard is thereafter
promulgated.
A discharger to the POTW who commences discharge after the
effective date of this chapter.
See "sewage, normal."
The use or lack of use of the POTW in such a manner so as
to endanger life or health, give offense to the senses or obstruct
or otherwise interfere with the reasonable use or maintenance of the
POTW.
The result obtained when using an approved laboratory procedure
to determine the quantity of fats, wax, grease and oil, in a sample,
expressed in milligrams per liter.
That individual or entity who owns or owned a property, within
the service area of the POTW, purchased prior to the effective date
of this chapter, who inherited the property at any time and intends
to sell the property or has sold the property to a new owner; also,
the agent of the old owner.
Garbage (shredded or unshredded), refuse, wood, eggshells,
coffee grounds, sawdust, shavings, bark, sand, lime, ashes and all
other discarded matter not normally present in sewage or industrial
wastes; also, the discarded matter not normally present in sewage
or industrial waste.
The discharge which exits the Village POTW into waters of
the state in quantities which, alone or in conjunction with discharges
from other sources, is a cause of a violation of any requirement of
the POTW's SPDES permit (including an increase in the magnitude or
duration of a violation).
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 chapter.
Any individual, public or private corporation, political
subdivision, federal, state or local agency or entity, association,
trust, estate or any other legal entity whatsoever.
The logarithm (base 10) of the reciprocal of the weight of
hydrogen ions, in gram moles 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.
See "total phosphorus."
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.
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
media.
Any substantive or procedural requirement related to pretreatment,
other than a National Pretreatment Standard imposed on an industrial
user.
Any categorical standard or prohibitive discharge standard.
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).
The most recently revised or updated list, developed by the
EPA, in accordance with the Act.
See "National Prohibitive Discharge Standard."
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 a dimension greater than
1/2 inch in any dimension.
That portion of the POTW designed to provide treatment to
wastewater and to treat sludge and residuals derived from such treatment.
A treatment works, as defined by Section 212 of the Act,
(33 U.S.C § 1292), which is owned, in this instance, by
the Village of Newark. 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.
A natural watercourse or body of water (usually waters of
the state) into which treated or untreated sewage is discharged.
Shall include, but not be limited to, any printed, typewritten,
handwritten or otherwise recorded matter of whatever character (including
paper or electronic media), including but not limited to letters,
files, memoranda, directives, notes and notebooks, correspondence,
descriptions, telephone call slips, photographs, permits, applications,
reports, compilations, films, graphs and inspection reports. For the
purposes of this chapter, "records" shall mean records of and relating
to waste generation, reuse and disposal and shall include records
of usage of raw materials.
A drain installed to receive water collecting on the surface
of a roof for disposal.
All liquids and solids in and removed from septic tanks,
holding tanks, cesspools or approved type of chemical toilets, including
but not limited to those serving private residences, commercial establishments,
institutions and industries; also, sludge from small sewage treatment
plants. Septage shall not have been contaminated with substances of
concern or priority pollutants.
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.
The legally defined bounds of real property from which wastewater
may be discharged into the POTW. The bounds shall be established,
altered, changed, modified, reduced, enlarged, combined or consolidated
by action of the Newark Village Board.
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.
Liquid wastes from the noncommercial preparation, cooking
and handling of food, liquid wastes containing human excrement and
similar matter from the sanitary conveniences in dwellings, commercial
buildings, industrial buildings, and institutions, or liquid wastes
from clothes washing and/or floor/wall washing. Therefore, domestic
sewage includes both black water and grey water. (See "sewage, sanitary.")
Sewage, industrial wastes or other wastes which
show, by analysis, the following characteristics:
BOD (five-day): 2,500 pounds per million gallons
(300 milligrams per liter) or less.
Suspended solids: 2,500 pounds per million gallons
(300 milligrams per liter) or less.
Phosphorus: 42 pounds per million gallons (five
milligrams per liter) or less.
Ammonia: 250 pounds per million gallons (30
milligrams per liter) or less.
Total Kjeldahl nitrogen: 417 pounds per million
(50 milligrams per liter) or less.
Chlorine demand: 209 pounds per million gallons
(25 milligrams per liter) or less.
Chemical oxygen demand: 2,920 pounds per million
gallons (350 milligrams per liter) or less.
Oil and grease: 830 pounds per million gallons
(100 milligrams per liter) or less.
In spite of satisfying one or more of these
characteristics, if the sewage also contains substances of concern,
it may not be considered normal sewage.
Liquid wastes from the sanitary conveniences of dwellings
(including apartment houses and hotels), office buildings, factories
or institutions and free from stormwater, surface water, industrial
and other wastes. (See "domestic wastes.")
See "POTW treatment plant."
Sewage which has characteristics greater than those of normal
sewage and /or which contains substances of concern.
A pipe or conduit for carrying or transporting sewage.
A sewer designed to receive and transport both surface runoff
and sewage.
A sewer in which all abutting property owners have equal
rights, and the use of which is controlled by the Village of Newark.
A sewer which carries sewage and to which stormwaters, surface
waters and groundwaters are not intentionally admitted.
A sewer which carries stormwaters and surface waters and
drainage, but excludes sewage and industrial wastewaters, other than
cooling waters and other unpolluted waters.
All facilities for collecting, regulating, pumping and transporting
wastewater to and away from the POTW treatment plant.
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.")
See "user, significant industrial."
A user is in significant noncompliance if its violation(s)
meet(s) one or more of the following criteria:
Chronic violations of wastewater discharge limits,
defined here as those, in 66% or more of all of the measurements taken
during a six-month period, which exceed (by any magnitude) the daily
maximum limit or average limit for the same pollutant parameter.
Technical review criteria (TRC) violations,
defined here as those, in 33% or more of all of the measurements for
each pollutant parameter taken during a six-month period, which equal
or exceed the product of the daily maximum limits multiplied by the
applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil and grease; TRC
= 1.2 for all other pollutants).
Any other violation of a pretreatment effluent
limit (daily maximum or long-term average) that the Superintendent
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.
Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the Superintendent's exercise of its emergency authority under Article XI of this chapter.
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.
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.
Failure to report accurately any noncompliance.
Any other violation which the Superintendent
determines will adversely affect the implementation or operation of
the local pretreatment program.
A substantial deviation from normal rates of discharge or
constituent concentration (see "normal sewage") sufficient to cause
interference. In any event, a discharge which, 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 user operations,
shall constitute a slug.
The State Pollutant Discharge Elimination System Permit Program
administered by the State of New York, pursuant to Environmental Conservation
Law, Article 17, Titles 7 and 8.
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.
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 Section 304(G) of the Act and contained in 40 CFR 136,
and amendments thereto. (If 40 CFR 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.
The State of New York.
See "waters of the state."
Any flow occurring during or following any form of natural
precipitation; also, the flow resulting therefrom.
Those compounds which the New York State Department of Environmental
Conservation has determined may be harmful to man or the environment.
A mechanism used for removing water from a sump or wet well.
The Superintendent of Public Works of the Village of Newark,
the Operations Manager or the Director of Water and Wastewater Treatment.
This definition shall also include their authorized deputy, agent
or representative.
The result obtained, using an approved 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.
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.
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.
The Town of Arcadia.
Any substance, whether gaseous, liquid or solid, that when
discharged to a public sewer in sufficient quantities may be hazardous
to POTW operation and maintenance personnel, tend to interfere with
any biological sewage treatment process, or to constitute a hazard
to recreation in the receiving waters, due to 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 CWA 307A or other Acts.
Any person who contributes, causes or permits the contribution
of wastewater into the POTW.
A discharger to the POTW who is discharging on or before
the effective date of this chapter.
A discharger to the POTW who discharges nondomestic wastewaters.
A discharger to the POTW who initiates discharge after the
effective date of this chapter.
An industrial user of the Village POTW who is:
A.Subject to National Categorical Pretreatment
Standards promulgated by the EPA.
Having substantial impact, either singly or
in combination with other industries, on the operation of the treatment
works.
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.
Discharging more than 5% of the flow or load
of conventional pollutants received by the POTW treatment plant.
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NOTE: A user discharging a measurable quantity
of a pollutant may be classified as nonsignificant if, at the influent
to the POTW treatment plant, the pollutant is not detectable.
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The Village of Newark.
The demand sewer use charge which is based, in part or wholly, 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 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.
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.
A permit as set forth in Article X of this chapter.
See "sewage, unusual strength or character."
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.
The following abbreviations shall have the designated
meanings:
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ANSI
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American National Standards Institute
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ASTM
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American Society for Testing and Materials
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AWWA
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American Water Works Association
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BOD
|
Biochemical oxygen demand
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CFR
|
Code of Federal Regulations
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CPLR
|
Code of Public Law and Rules
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COD
|
Chemical oxygen demand
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EPA
|
Environmental Protection Agency
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L
|
Liter
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Mg
|
Milligram
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Mg/l
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Milligrams per liter
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NCPI
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National Clay Pipe Institute
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NPDES
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National Pollutant Discharge Elimination System
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NYSDEC
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New York State Department of Environmental Conservation
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NYSDOH
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New York State Department of Health
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NYSDOT
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New York State Department of Transportation
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P
|
Total phosphorus
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PSI
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Pounds per square inch
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POTW
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Publicly owned treatment works
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PPM
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Parts per million, weight basis
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SIC
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Standard Industrial Classification
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SPDES
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State Pollutant Discharge Elimination System
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SWDA
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Solid Waste Disposal Act, 42 U.S.C. § 690L
et seq.
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U.S.C.
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United States Code of Laws
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USEPA
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United States Environmental Protection Agency
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TSS
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Total suspended solids
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Terms not defined in this article, or terms
found to be ambiguous or improperly defined in this article, shall
be defined by the Act or regulations pursuant thereto.
