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. Words in the singular shall include the plural. Furthermore, a masculine pronoun shall include the feminine. "Shall" is mandatory; "may" is permissive.
ABNORMAL SEWAGESewage whose concentration of one or more characteristics of normal sewage exceeds the maximum concentrations of the characteristics of normal sewage. (See definition of "normal sewage.")
ACT or THE ACTThe 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.
AMMONIAThe result obtained, using an approved laboratory procedure, to determine the quantity of ammonia in a sample, expressed as milligrams of nitrogen per liter.
APPLICANTThat person who makes application for any permit. The applicant may be an owner, new or old, or his agent.
APPROVAL AUTHORITYThe USEPA or the NYSDEC, in the event that the NYSDEC is delegated approval authority responsibility by the USEPA.
APPROVED LABORATORY PROCEDUREThe procedures defined as "standard methods" in this chapter, or other procedures approved by the Superintendent, for flow measurement or determination of the concentration of pollutants or their surrogates in waters, wastewaters and/or sludges.
ASTMThe latest edition of any ASTM specification, when stipulated in this chapter.
AUTHORIZED REPRESENTATIVE OF THE INDUSTRIAL USERAn authorized representative of the industrial user may be:
A. A principal executive officer of at least the level of vice president, if the industrial user is a corporation.
B. A general partner or proprietor, if the industrial user is a partnership or proprietorship, respectively.
C. 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 in five days at 20° C., expressed in milligrams per liter.
BUILDERAny person who undertakes to construct a building or any part of a building, either under contract or for resale.
BUILDING DRAINThat 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, beginning at the property line of the street abutting the building or structure.
CHEMICAL OXYGEN DEMAND (COD)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.
CHLORINE DEMANDThe 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.
COLORThe optical density at the visual wave length of maximum absorption, relative to distilled water. One-hundred-percent transmittance is equivalent to zero optical density.
COMBINED SEWERA sewer receiving and conveying both stormwater and sewage.
COMPOSITE SAMPLEThe 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. The volume frequency and period over which samples are collected will be established for each user by the Superintendent.
CONNECTIONAttachment of one user to a sewer. (See definition of "extension.")
CONNECTION CHARGE (TAP FEE)The one-time application fee to offset Village 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.
CONTROL AUTHORITYRefers to the approval authority or to the Superintendent when the Village has an approved pretreatment program under the provisions of 40 CFR
403.11.
CONTROL MANHOLEA 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.
CONVENTIONAL POLLUTANTA pollutant that the POTW treatment plant was designed to treat, defined in accordance with the Act.
COOLING WATERThe 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.
DEVELOPERAny person who subdivides land for the purpose of constructing or causing to be constructed buildings for which wastewater disposal facilities are required.
DIRECT DISCHARGEThe discharge of treated or untreated wastewater directly to the waters of the State of New York. (For reference, see "Indirect Discharge.")
DRY SEWERSThe 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.
EASEMENTAn acquired legal right for the specific use of land owned by others.
END OF PIPEFor the purpose of determining compliance with limitations prescribed by Article
VII, "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.
EPA, USEPA or UNITED STATES ENVIRONMENTAL PROTECTION AGENCYThe 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.
EXTENSIONAttachment of a sewer line, with more than one user, to an existing sewer line.
FLOATABLE OILOil, grease or fat in a physical state such that it will separate by gravity from wastewater by treatment in a wastewater treatment facility.
FLOW RATEThe quantity of liquid or waste that flows in a certain period of time.
FORCE MAINA pipe in which wastewater is carried under pressure.
GARBAGEThe solid wastes resulting from the preparation, cooking and dispensing of food; the handling, storage and sale of produce; and the packaging and canning of food.
GRAB SAMPLEA single sample of wastewater representing the physical, chemical and biological characteristics of the wastewater at one point in time.
HOLDING TANK WASTEAny waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum pump tank trucks.
ICS FORMThe form used by the NYSDEC to survey industries to perform and update the industrial chemical survey.
INDIRECT DISCHARGEThe 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.")
INDUSTRIALMeaning or pertaining to industry, manufacturing, commerce, trade, business or institution, and is distinguished from domestic or residential.
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 WASTESThe liquid or liquid-carried solid, liquid and/or gaseous wastes from industrial manufacturing processes, trade, service, utility or business, as distinct from sanitary sewage.
INFILTRATIONWater, 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.
INFLOWWater, 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.
INTERFERENCESA discharge which, alone or in conjunction with discharges by other sources:
A. Inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and
B. Therefore, is a cause of a violation of any requirement of the Village 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):
(1) Section 405 of the Clean Water Act;
(4) The Toxic Substance Control Act; and
(5) The Marine Protection Research and Sanctuaries Act.
LATERAL, BUILDINGThe sewer extension from the building drain to the street lateral or other place of wastewater disposal.
LATERAL, STREETThe sewer extension from the public sewer to the property line.
NATIONAL CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARDAny 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. These standards apply at the end of the categorical process ("end of process").
NATURAL OUTLETAny outlet, including but not limited to a watercourse, pond, ditch, lake or other body of surface or groundwater, to the state's waters.
NEW OWNERThat individual or entity who purchased property within the service area of the Village after the effective date of this chapter.
NEW SOURCEAny 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.
NEW USERA discharger to the POTW who commences discharge after the effective date of this chapter.
NUISANCEThe 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.
NYSDECThe New York State Department of Environmental Conservation or duly authorized official of said Department.
OIL AND GREASEThe 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.
OLD OWNERThat 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, or who inherited the property at any time and intends to sell the property or has sold the property to a new owner. This definition shall also include the agent of the old owner.
OTHER WASTESGarbage (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. Other wastes shall also include the discarded matter not normally present in sewage or industrial waste.
PASS-THROUGHThe discharge which exits the Village POTW into waters of the state in quantities which, alone or in conjunction with discharges from other sources, are 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).
PERMITA 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.
PERSONAny individual, public or private corporation, political subdivision, federal, state or local agency or entity, association, trust, estate, firm, company, society, group or any other legal entity whatsoever.
pHThe 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 acidic conditions.
POLLUTANTAny 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.
POLLUTIONThe 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.
POTW TREATMENT PLANTThat portion of the POTW designed to provide treatment to wastewater, and to treat sludge and residuals derived from such treatment.
PRETREATMENT REQUIREMENTSAny substantive or procedural requirement related to pretreatment, other than a national pretreatment standard imposed on an industrial user.
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, Section
403.6 (D).
PRIORITY POLLUTANTSThe most recently revised or updated list, developed by the EPA, in accordance with the Act.
PROPERLY SHREDDED GARBAGEThe 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 (1.27 centimeters) in any dimension.
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 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 WATERSA natural watercourse or body of water into which treated or untreated sewage is discharged.
ROOF DRAINA drain installed to receive water collecting on the surface of a roof for disposal.
SEPTAGEAll liquids and solids in and removed from septic tanks, holding tanks, cesspools or approved types 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.
SEPTIC TANKA 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 POTWThe 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 Board of Trustees of the Village.
SEWAGEA combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, and such ground, surface 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, 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, NORMALA. 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) Ammonia: 250 pounds per million gallons (30 milligrams per liter), or less.
(5) Total Kjeldahl nitrogen: 417 pounds per million (50 milligrams per liter), or less.
(6) Chlorine demand: 209 pounds per million gallons (25 milligrams per liter), or less.
(7) Chemical oxygen demand: 2,920 pounds per million gallons (350 milligrams per liter), or less.
(8) Oil and grease: 830 pounds per million gallons (100 milligrams per liter), or less.
B. 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.
SEWAGE, SANITARYLiquid wastes from the sanitary conveniences of dwellings (including apartment houses, condominiums, cooperatives and hotels), office buildings, factories or institutions, and free from stormwater, surface water, industrial and other wastes. (See "domestic wastes.")
SEWERA pipe or conduit for carrying or transporting sewage or wastewater.
SEWERAGE SURCHARGEThe 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.
SEWER, COMBINEDA sewer designed to receive and transport both surface runoff and sewage.
SEWER, PUBLICA sewer in which all owners of abutting properties have equal rights, and the use of which is controlled by the Village.
SEWER SANITARYA sewer which carries sewage, and to which storm-, surface, and ground waters are not intentionally admitted.
SEWER, STORM (STORM DRAIN)A sewer which carries storm- and surface waters and drainage, but excludes sewage and industrial wastewaters, other than cooling waters and other unpolluted waters.
SIGNIFICANT NONCOMPLIANCE (SNC)A user is in significant noncompliance if its violations) meet(s) one or more of the following criteria:
A. 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.
B. 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 equals 1.4 for BOD, TSS, fats, oil and grease; TRC equals 1.2 for all other pollutants).
C. 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).
D. 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
IX of this chapter.
E. 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.
F. 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 in compliance with compliance schedules.
G. Failure to report accurately any noncompliance.
H. Any other violation which the Superintendent determines will adversely affect the implementation or operation of the local pretreatment program.
SLUGA substantial deviation from normal rates of discharge or constituent concentration sufficient to cause interference. (For reference, see "normal sewage.") In any event, a discharge of normal sewage 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.
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 METHODSProcedures 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, any other procedure approved by the Administrator or any other procedure approved by the Superintendent, whichever is the most conservative. (If 40 CFR
136 does not include a sampling or analytical technique for the pollutant in question, then procedures set forth in the EPA publication Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants, April 1977, and amendments thereto, shall be used.)
STATEThe State of New York.
STORMWATERAny flow occurring during or following any form of natural precipitation and the flow resulting therefrom.
SUBSTANCES OF CONCERNThose compounds which the New York State Department of Environmental Conservation has determined may be harmful to human life or the environment.
SUMP PUMPA mechanism used for removing water from a sump or wet well.
SUPERINTENDENTThe Superintendent of the Water Pollution Control Department of the Village or his authorized deputy, agent or representative. The Superintendent shall be qualified to oversee wastewater treatment, collection, conveyance and POTW operation in accordance with the requirements of the State of New York.
SUSPENDED SOLIDSThe 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 in water, sewage or other liquids, 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 PHOSPHORUSThe 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.
TOWNThe Town of North Hempstead.
TOXIC SUBSTANCESA. 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, may tend to interfere with any biological sewage treatment process or may constitute a hazard to recreation in the receiving waters due to the effluent from a sewage treatment plant or overflow point.
B. Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the EPA under provisions of CWA 307 (A) or other acts.
USERAny person who contributes, causes or permits the contribution of wastewater into the POTW.
USER, EXISTINGA discharger to the POTW who is discharging on or before the effective date of this chapter.
USER, INDUSTRIALA discharger to the POTW who discharges nondomestic wastewaters.
USER, NEWA discharger to the POTW who initiates discharge after the effective date of this chapter.
USER, SIGNIFICANT INDUSTRIAL (SIU)A. An industrial user of the Village POTW who is:
(1) Subject to National Categorical Pretreatment Standards promulgated by the EPA.
(2) Having 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.
B. 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.
WASTEWATERThe 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.
WATERCOURSEA channel in which a flow of water occurs, either continuously or intermittently.
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.