Town of Poughkeepsie, NY Definitions

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.

BOD (denoting "biochemical oxygen demand")

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 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.

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

The extension from the building drain to the public sewer or other place of disposal.

CATEGORICAL STANDARDS

The National Pretreatment Standards specifying quantities or concentrations of pollutants or pollutant properties which may be discharged to the POTW.

CHIEF OPERATOR

One who is directly responsible for the operation and maintenance of the Water Pollution Control Department or any POTW.

CHLORINE DEMAND

The difference between the amount of chlorine added to water, sewage or industrial wastes and the amount of residual chlorine remaining at the end of a twenty minute contact period at room temperature.

CONTROL AUTHORITY

Refers to the approval authority, or the managing operator when the Town has an approved pretreatment program under the provisions of 40 CFR 403.11.

[Added 2-3-1999 by L.L. No. 4-1999]

CONTROL MANHOLE

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.

[Added 2-3-1999 by L.L. No. 4-1999]

CONVENTIONAL POLLUTANT

A pollutant that the POTW treatment plant was designed to treat, defined in accordance with the Act.

[Added 2-3-1999 by L.L. No. 4-1999]

COOLING WATER

The water discharged from any system of condensation, air conditioning, cooling, refrigeration or other, but which shall be free from odor and oil. It shall contain no polluting substances which could produce BOD or suspended solids, each in excess of 10 parts per million by weight.

COUNTY

The County of Dutchess.

DEPARTMENT OF HEALTH

The Dutchess County Department of Health.

DIRECT DISCHARGE

The discharge of treated or untreated wastewater directly to the water of the State of New York.

EASEMENT

An acquired legal right for the specific use of land owned by others.

[Added 2-3-1999 by L.L. No. 4-1999]

END OF PIPE

For the purpose of determining compliance with limitations prescribed by Article IX, the control manhole, provided that the samples collected from the control manhole are representative of the discharge to the POTW.

[Added 2-3-1999 by L.L. No. 4-1999]

END OF PIPE CONCENTRATION

The concentration of a substance in a sample of wastewater at end of pipe.

[Added 2-3-1999 by L.L. No. 4-1999]

END OF PROCESS CONCENTRATION

See National Categorical Pretreatment Standard.

[Added 2-3-1999 by L.L. No. 4-1999]

ENGINEER

The Engineer of the Town of Poughkeepsie or the Engineer appointed in his absence and who shall be responsible for inclusive responsibilities over all sewer improvement areas or other municipal systems of the Town of Poughkeepsie.

EPA, USEPA or ENVIRONMENTAL PROTECTION AGENCY or EPA

The agency of the federal government charged with the administration and enforcement of environmental laws, rules, and regulations; also may be used as a designation for the administrator or other duly authorized official of this agency.

[Amended 2-3-1999 by L.L. No. 4-1999]

GARBAGE

Solid wastes front the domestic and commercial preparation, cooking and dispensing of food and front the handling, storing and sale of produce.

GRAB SAMPLE

A sample which is taken front a waste stream on a one-time basis without regard to the flow in the waste stream or the time the sample is taken.

HOLDING TANK WASTE

Scavenger wastes or any waste front holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum-pump tank trucks.

ICS FORM

The form used by the NYSDEC to survey industries to perform and update the Industrial Chemical Survey.

[Added 2-3-1999 by L.L. No. 4-1999]

INDIRECT DISCHARGE

The introduction of pollutants into the POTW from any non-domestic source which pollutant interferes with, passes through or is otherwise incompatible with such works, including holding tank wastes.

INDUSTRIAL CHEMICAL SURVEY (ICS)

The survey of industries in New York State, initiated by the NYSDEC, to determine the chemical usage and storage by those industries.

[Added 2-3-1999 by L.L. No. 4-1999]

INDUSTRIAL CONCERN

An industrial user.

INDUSTRIAL USER

A source of indirect discharge from an industry identified in the sic manual, as amended and supplemented under the category "Division D - Manufacturing" and such other classes of significant waste products, as by regulation, the Approval Authority may deem appropriate.

INDUSTRIAL WASTES

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.

[Amended 2-3-1999 by L.L. No. 4-1999]

INTERFERENCE

[Amended 2-3-1999 by L.L. No. 4-1999]

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 Town POTW's SPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use of 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.

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.

NATIONAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARD

The Clean Air Act.

(4)

The Toxic Substance Control Act.

(5)

The Marine Protection Research and Sanctuaries Act.

INTERIOR PLUMBING

Any plumbing installation within the confines of a structure and its foundation, including floor and sanitary waste drains.

MANAGING OPERATOR

Individual, partnership or corporation designated by the Town Board of the Town of Poughkeepsie to oversee all operations of the Town POTW.

[Added 2-3-1999 by L.L. No. 4-1999]

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.

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT

A permit issued pursuant to Section 402 of the Act (33 U.S.C. § 1342).

[Added 2-3-1999 by L.L. No. 4-1999]

NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE STANDARD

Any regulation developed under the authority of Section 307(B) of the Act, and 40 CFR 403.5.

[Amended 2-3-1999 by L.L. No. 4-1999]

NATURAL OUTLET

Any outlet into a watercourse, pond, ditch, lake or other body of surface groundwater.

NEW SOURCE

Any building, structure, facility or installation from which there is or may be a discharge, the construction of which commended:

After promulgation of pretreatment standards under Section 307(c) of the Act which are applicable to such source; or

PRETREATMENT REQUIREMENTS

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.

NORMAL SEWAGE

Sewage shall be regarded as normal for the Town if analysis shows, by weight, a daily average of not more than 300 parts per million of suspended solids, not more than 240 parts per million of BOD and not more than 50 parts per million of either soluble matter (grease or oil).

NUISANCE

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.

[Added 2-3-1999 by L.L. No. 4-1999]

OTHER WASTES

Garbage (shredded or unshredded), refuse, wood, sawdust, shavings, bark, sand, lime, cinder, ashes and all other discarded matter not normally present in sewage or industrial wastes.

PASS THROUGH

The discharge which exits the Town 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).

[Added 2-3-1999 by L.L. No. 4-1999]

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 Articles X through XIII.

[Added 2-3-1999 by L.L. No. 4-1999]

PERSON

Any individual, firm, company, association, society, corporation, partnership, copartnership, joint-stock company, trust, estate, governmental entity or any other legal entity or their legal representatives, agents or assigns.

The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution not less than 6.5, nor more than 9.5.

PLUMBING INSPECTOR

One who issues plumbing permits and inspects interior plumbing and fixture installation according to the Town of Poughkeepsie Plumbing Code.[1]

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.

POTW TREATMENT PLANT

That portion of the POTW which is designed to provide treatment (including recycling and reclamation) of municipal sewage and industrial wastewater and the collection of sewage.

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).

[Amended 2-3-1999 by L.L. No. 4-1999]

Any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard imposed on an industrial user.

[Amended 2-3-1999 by L.L. No. 4-1999]

PRETREATMENT STANDARD or NATIONAL PRETREATMENT STANDARD

Any categorical standard or prohibitive discharge standard.

[Added 2-3-1999 by L.L. No. 4-1999]

PRIORITY POLLUTANTS

The most recently revised or updated list, developed by the EPA, in accordance with the Act.

[Added 2-3-1999 by L.L. No. 4-1999]

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.

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 town. 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.

[Amended 2-3-1999 by L.L. No. 4-1999]

PUBLIC SEWER

A sewer in which all owners of abutting properties shall have equal rights and is controlled by Public authority.

RECEIVING WATERS

A natural outlet into which treated or untreated sewage is discharged.

RECORDS

Includes, but is 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 Articles X through XIII, records shall mean records of and relating to waste generation, reuse and disposal and shall include records of usage of raw materials.

[Added 2-3-1999 by L.L. No. 4-1999]

SANITARY SEWAGE

Sewage discharging from the sanitary conveniences of dwellings, apartment houses, hotels, office buildings, factories or institutions and free from stormwater, surface water, industrial wastes and other wastes.

SANITARY SEWER

A sewer intended to carry only sanitary or sanitary and industrial wastewaters from residences, commercial buildings, industrial plants and institutions and to which storm-, surface and groundwaters are not intentionally admitted.

SCAVENGER WASTES

Suitably conditioned human excrement in a fluid state and this only when such material is collected front septic tanks, cesspools, approved types of chemical toilets or from yachts or small boats, either directly or indirectly and also sewage sludge from sewage treatment plants whose design flow capacity is less than 25,000 gallons per day and also sewage sludge from sewage treatment plants of capacity larger than 25,000 gallons per day flow for such periods, in the discretion of the Engineer as their capacity is exceeded.

SERVICE AREA OF THE POTW

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 Town Board.

[Added 2-3-1999 by L.L. No. 4-1999]

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.

[Added 2-3-1999 by L.L. No. 4-1999]

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 "sanitary sewage.")

[Added 2-3-1999 by L.L. No. 4-1999]

SEWAGE TREATMENT PLANT (WATER POLLUTION CONTROL PLANT)

A POTW Treatment Plant as herein defined.

SEWER

A pipe or conduit for carrying wastewater (sewage).[2]

SIGNIFICANT VIOLATION

[Added 2-3-1999 by L.L. No. 4-1999]

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 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 which 33% or more of all 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.)

STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM (or SPDES) PERMIT

Any other violation of a pretreatment effluent limit (daily maximum or long-term average) that the managing operator determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel or the general public).

(4)

Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the Superintendent's exercise of its emergency authority under this chapter.

(5)

Failure to obtain compliance within 90 days of receipt of the notice of violation.

(6)

Failure to provide, within 30 days after the due date, required reports such as baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports and reports on compliance with compliance schedules.

(7)

Failure to report accurately any noncompliance.

(8)

Any other violation which the managing operator determines will adversely affect the implementation or operation of the local pretreatment program.

(9)

If any single effluent discharge analysis exceeds the product of the maximum daily limit multiplied by 5.0, or if the pH falls below 3.5 or rises above 12.0.

SLUG

Any discharge of water, sewage or industrial waste which in concentration of any given constituent, level of any parameter or quantity of flow exceeds, for any period of duration longer than 15 minutes, more than five times the average 24 hour concentration, level, quantity or flow during normal operation.

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 Section 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 procedure 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 managing operator, whichever is the most conservative.

[Added 2-3-1999 by L.L. No. 4-1999]

STATE

The State of New York.

A permit issued by the New York State Department of Environmental Conservation pursuant to Section 402 of the Act (33 U.S.C. § 1342).

STANDARD INDUSTRIAL CLASSIFICATION or SIC

A classification pursuant to the latest edition and amendments of the "Standard Industrial Classification Manual" issued by the Executive Office of the President, Office of Management and Budget.

STORM DRAIN (sometimes termed "storm sewer")

A sewer which carries storm- and surface waters and drainage but excludes wastewater and industrial wastes, other than unpolluted cooling water.

STORMWATER

Any flow occurring during or following any form of natural precipitation and resulting therefrom.

SUBDIVISION

The division of any parcel of land into two or more lots, plots, sites or other divisions or land for immediate or future sale for building development in such a way as to create one or more new streets.

SUBSTANCES OF CONCERN

Those compounds which the New York State Department of Environmental Conservation has determined may be harmful to man or the environment.

[Added 2-3-1999 by L.L. No. 4-1999]

SUPERINTENDENT

The Superintendent of Wastewater Collection Facilities of the Town of Poughkeepsie.

SUSPENDED SOLIDS

Solids that either float on the surface of or are in suspension in water, sewage or other liquids and which are removable by laboratory filtering.

TOWN

The Town of Poughkeepsie, Dutchess County, New York.

TOXIC POLLUTANT

Any pollutant or combination of pollutants listed as toxic pursuant to Section 307 (a) (33 U.S.C. § 1347) of the Act or as promulgated by USEPA, NYSDEC or the Approval Authority.

TOXIC SUBSTANCES

Any substance, whether gaseous, liquid or solid, that when discharged to a public sewer in sufficient quantifies may be hazardous to POTW operation and maintenance personnel, or 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; and any pollutant or combination of pollutants listed as toxic in regulations promulgated by the EPA under provisions of CWA 307 (A) or other Acts.

[Amended 2-3-1999 by L.L. No. 4-1999]

TREATMENT WORKS

Any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature or necessary to recycle or reuse water, including intercepting sewers, outfall sewers, sewage collection systems, pumping, power and other equipment and their appurtenances, extensions, improvements, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled supply, such as stand-by treatment units and clear well facilities; and any works, including site acquisitions of the land that will be an integral part of the treatment process (including land used for the storage of treated wastewater in land treatment systems prior to land application) or is used for ultimate disposal of residues resulting from treatment; any other method or system for preventing, abating, reducing, storing, treating, separating or disposing of municipal waste, including stormwater runoff, industrial waste or waste in combined storm sewer and sanitary sewer system.

UNPOLLUTED WATER or WASTE

Any water or waste containing none of the following: free or emulsified grease or oil, acid or alkali, phenols or other substances imparting taste or odor in receiving waters: toxic or poisonous substances in suspension, colloidal state or solution; noxious or odorous gases. It shall contain not more than 10,000 parts per million by weight of dissolved solids of which not more than 2,500 parts per million shall be as chlorides with permissible volumes subject to review by the Engineer and not more than 10 parts per million each of suspended solids and BOD. The color shall not exceed 50 parts per million.

USER

Any person who contributes, causes or permits the contribution of wastewater into the town's POTW or to any public sewer tributary thereto.

USER, INDUSTRIAL

A discharge to the POTW which discharges nondomestic wastewaters.

[Added 2-3-1999 by L.L. No. 4-1999]

USER, SIGNIFICANT INDUSTRIAL (SIU)

[Added 2-3-1999 by L.L. No. 4-1999]

An industrial user of the Town POTW who is:

Except as provided in 40 CFR 403.3(t)(2), any other industrial user that discharges an average of 25,000 gallons per day or more of process wastewater (excluding sanitary, noncontact cooling and boiler blowdown wastewater) to the POTW.

Except as provided in 40 CFR 403.3(t)(2), any other industrial user that contributes a process waste stream which makes up 5% or more average dry weather hydraulic or organic capacity of the POTW treatment plant.