As used in this chapter, the following words shall
have the meanings indicated:
ABNORMAL SEWAGE
Sewage whose concentration of one or more characteristics
of normal sewage exceeds the maximum concentrations of the characteristics
of normal sewage. See "normal sewage."
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 U. S. Environmental Protection
Agency (USEPA), Region 2.
AMMONIA
The result obtained, using an approved laboratory procedure,
to determine the quantity of ammonia in a sample, expressed as milligrams
of nitrogen per liter.
APPLICANT
That person who makes application for any permit. The applicant
may be an owner, new or old, or his agent.
APPROVAL AUTHORITY
The USEPA, or the New York State Department of Environmental
Conservation (NYSDEC), in the event the NYSDEC is delegated approval
authority responsibility by the USEPA.
APPROVED LABORATORY PROCEDURE
The procedures defined as "standard methods" in this article,
or other procedures approved by the Town Board, for determination
of the concentration of pollutants or their surrogates in waters,
wastewaters, and/or sludges.
AUTHORIZED REPRESENTATIVE OF THE INDUSTRIAL USER
May be:
(1)
A principal executive officer of at least the
level of vice-president, if the industrial user is a corporation;
(2)
A general partner or proprietor, if the industrial
user is a partnership or proprietorship, respectively;
(3)
A duly authorized representative of the individual
designated above, if such representative is responsible for the overall
operation of the facilities from which the indirect discharge originate.
BOD (biochemical oxygen demand)
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.
BUILDER
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.
CHLORINE DEMAND
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.
COD (chemical oxygen demand)
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.
COLOR
The optical density at the visual wavelength of maximum absorption,
relative to distilled water. One-hundred-percent transmittance is
equivalent to zero (0.0) optical density.
COMPOSITE SAMPLE
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.
CONNECTION
Attachment of one user to a sewer (see "extension").
CONTROL AUTHORITY
The term shall refer to "approval authority," or to the Town
Board when the Town has an approved pretreatment program under the
provisions of 40 CFR 403.11.
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.
CONVENTIONAL POLLUTANT
A pollutant that the POTW treatment plant was designed to
treat, 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 chapter.
COUNTY
The County in which the Town is located (Saratoga County,
New York).
DESIGNATED REPRESENTATIVE
The Director of Building and Development, or his designee,
shall be responsible for the enforcement of the rules and regulations
herein promulgated, and to carry out the day-to-day duties as required
under this Sewer Use Law as the representative of the Town Board.
[Amended 12-12-2022 by L.L. No. 3-2022]
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.")
DRY SANITARY SEWERS
The sanitary sewer installed in anticipation of future connection
to a POTW but which is not used, in the meantime, for transport of
sanitary sewage.
EASEMENT
An acquired legal right for the specific use of land owned
by others.
END OF PIPE
For the purpose of determining compliance with limitations prescribed by Article
VIII, "end of pipe" shall mean the control manhole, provided the samples collected from the control manhole are representative of the discharge to the POTW.
EPA, USEPA, or U.S. ENVIRONMENTAL PROTECTION AGENCY
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.
EXTENSION
Attachment of a sewer line, with more than one user, to an
existing sewer line.
FACILITY
All buildings, other structures, grounds and contiguous property
at any locations related to or connected with a user at the user's
location.
FLOATABLE OIL
Oil, grease, or fat in a physical state such that it will
separate by gravity from wastewater by treatment in a wastewater treatment
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 to perform
and update the Industrial Chemical Survey.
INDIRECT DISCHARGE
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.")
INDUSTRIAL
Meaning 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 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.
INFILTRATION
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.
INFLOW
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.
INTERFERENCE
A discharge which, alone or in conjunction with discharges
by other sources:
(1)
Inhibits or disrupts the POTW, its treatment
processes or operations, or its sludge processes, use or disposal;
and
(2)
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 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):
(a)
Section 405 of the Clean Water Act;
(d)
Toxic Substance Control Act; and
(e)
Marine Protection Research and Sanctuaries Act.
LATERAL, BUILDING
The portion of the sewer lateral between the building drain
and street lateral. The building lateral is owned and maintained by
the property owner.
LATERAL, STREET
The portion of the sewer lateral between the public collection
sewer and the property line. The street lateral is maintained and
kept operational by the property owner. The sewer district owns the
street lateral; however, the property owner is responsible for replacement
or repair of the street lateral within the public right-of-way in
accordance with these standards.
NATIONAL CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD
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").
NATURAL OUTLET
Any outlet, including storm sewers and combined sewer overflows,
to state's waters.
NEW OWNER
That individual or entity who purchased property within the
service area of the sewer district after the effective date of this
chapter.
NEW SOURCE
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.
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.
OIL AND GREASE
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.
OLD OWNER
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 owned or 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.
OTHER WASTES
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.
PASS-THROUGH
The discharge which exits the sewer district 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).
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 chapter.
PERSON
Any individual, public or private corporation, political
subdivision, federal, state, or local agency or entity, association,
trust, estate or any other legal entity whatsoever.
pH
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.
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
media.
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 a dimension greater
than 1/2 inch 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 sewer district.
This definition includes any sewers and appurtenances that transport
wastewater to the POTW treatment plant, or to the trunk sewer of the
SCSD, or to another POTW that is approved to accept wastewater, 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.
RECORDS
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.
ROOF DRAIN
A drain installed to receive water collecting on the surface
of a roof for disposal.
SEPTAGE
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.
SEPTIC TANK
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 SEWER DISTRICT
The service area is 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.
SEWAGE
A 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 gray water. (See "sewage, sanitary.")
SEWAGE, NORMAL
(1)
Sewage, industrial wastes, or other wastes,
which show, by analysis, the following characteristics:
|
Characteristic
|
Pounds Per Million Gallons, or Less
|
---|
|
BOD (five-day)
|
2,090 (250 milligrams per liter)
|
|
Suspended solids
|
2,500 (300 milligrams per liter)
|
|
Phosphorus
|
125 (15 milligrams per liter)
|
|
Ammonia
|
250 (30 milligrams per liter)
|
|
Total Kjeldahl nitrogen
|
417 (50 milligrams per liter)
|
|
Chlorine demand
|
209 (25 milligrams per liter)
|
|
Chemical oxygen demand
|
2,920 (350 milligrams per liter)
|
|
Oil and grease
|
830 (100 milligrams per liter)
|
(2)
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, 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, industrial,
and other wastes. (See "domestic wastes.")
SEWER
A pipe or conduit for carrying or transporting sewage.
SEWER ADVISORY BOARD
Shall consist of the Sewer Department Chairperson (as appointed
by the Town Supervisor), the Code Enforcement Officer, and five property
owners who reside within the sewer district, as appointed by the Town
Board. The role of the Sewer Advisory Board is to advise the Town
Board on any issues that involve the sewer district(s).
SEWER, COMBINED
A sewer designed to receive and transport both surface runoff
and sewage.
SEWER DEPARTMENT CHAIRPERSON
That member of the Town Board designated by the Town Supervisor
as the Sewer Department Chairperson, the Councilperson in charge of
overseeing the Sewer Department and to act as liaison between the
Town Board and the sewer district.
SEWER, PUBLIC
The portion of the sewer system that is on public property,
or that is within an easement that has been granted to the sewer district.
SEWER, SANITARY
A sewer which carries sewage, and to which storm-, surface,
and groundwaters 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.
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.
SEWERAGE SYSTEM (also "POTW")
All facilities for collecting, regulating, pumping, and transporting
wastewater to and away from the POTW treatment plant.
SIGNIFICANT NONCOMPLIANCE (SNC)
A user is in significant noncompliance if its violation(s)
meet(s) one or more of the following criteria:
(1)
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;
(2)
Technical review criteria (TRC) violations,
defined here as those, in which 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);
(3)
Any other violation of a pretreatment effluent
limit (daily maximum or long-term average) that the DPW 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 DPW's exercise of its emergency authority under Article
X of this chapter;
(5)
Failure to meet, within 90 days after the schedule
date, a compliance schedule milestone contained in a local control
mechanism or enforcement order for starting construction, completing
construction, or attaining final compliance
(6)
Failure to provide, within 30 days after the
due date, required reports such as baseline monitoring reports, 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 DPW determines
will adversely affect the implementation or operation of the local
pretreatment program.
SLUG
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.
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 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 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.); any other procedure
approved by the Administrator, or any other procedure approved by
the DPW, whichever is the most conservative.
STATE
The State of New York.
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.
SUMP PUMP
A mechanism used for removing water from a sump or wet well.
SUSPENDED SOLIDS
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.
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.
TOWN
The Town of Clifton Park, Saratoga County, New York.
TOXIC SUBSTANCES
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 307(A), or other acts.
USER
Any person who contributes, causes, or permits the contribution
of wastewater into the POTW. The following categories of users are
identified:
(1)
Initial users in the service area — parcel
that had a street lateral installed during the original construction
of the sewer collection system.
(2)
New users that are within the service area that
require a new connection at the public sewer [i.e., subsequent subdivision
of land that creates additional lot(s) after the original sewer collection
system was placed in operation]. In these cases, the new user will
be responsible for all costs associated with the installation of the
street lateral.
(3)
New users outside the original service area
either in a subsequent extension or as outside users. In these cases,
the new user is responsible for all costs associated with the extension
of the sewage collection system, and any related capital recovery
fees.
USER, INDUSTRIAL
A discharger to the POTW who discharges nondomestic wastewaters.
USER, SIGNIFICANT INDUSTRIAL (SIU)
An industrial user of the Town 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.
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. 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.