City of Kingston, NY Terminology

Unless the context specifically indicates otherwise, the meanings of the terms used in this chapter shall be as follows:

ACCESSIBLE SAMPLING POINT

A point in an industry's discharge line downstream of all process contribution such that the waters collected from this point represent the discharge of that industrial user to the municipal sewer system. This point shall be approved by the control authority and safely accessible to the control authority at all times.

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.

APPROVAL AUTHORITY

The USEPA, or the NYSDEC in the event that the NYSDEC is delegated approval authority responsibility by the USEPA.

AUTHORIZED REPRESENTATIVE

An authorized representative of an 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 originates.

BOD (denoting Biochemical Oxygen Demand

The quantity of oxygen utilized in the biochemical oxidation of organic matter under approved laboratory procedure in five days at 20º C., expressed in milligrams per liter.

CITY

The City of Kingston, Ulster County, New York.

CITY ENGINEER

The New York State licensed, professional engineer retained on staff by the City of Kingston to perform municipal engineering or his authorized deputy, agent or representative.

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 may be proportioned to the flow at the time of sampling.

CONTRIBUTORY INDUSTRIAL USER

Industrial user whose discharge concentration of any parameter exceeds the background concentration of that parameter.

[Added 9-5-2007, approved 9-8-2007]

CONTROL AUTHORITY

The City of Kingston, City Engineer.

[Amended 4-5-2011 by L.L. No. 5-2011, approved 4-19-2011]

COOLING WATER

The water discharged from any system of condensation, air conditioning, refrigeration or other sources.

COUNTY

The County of Ulster, State of New York.

CUMULATIVE ALLOCATION

The sum of all industrial permitted loadings for each parameter, expressed in pounds per day. In all cases, cumulative allocation shall not exceed the maximum allowable industrial loading.

[Added 9-5-2007, approved 9-8-2007]

DEC (NYSDEC, NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION)

The agency of the state charged with the administration and enforcement of state environmental laws, rules and regulations. Also may be used as a designation for any duly authorized officer of this agency.

DIRECT DISCHARGE

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

DOMESTIC WASTE

See "sewage, domestic."

END OF PIPE

That point approved by the control authority as being representative of the discharge from an industry to the POTW.

END-OF-PIPE CONCENTRATION

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

EPA (USEPA and UNITED STATES 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.

EXISTING USER

A discharger to the POTW who is discharging on or before the effective date of this chapter.

FATS, OILS AND GREASE (FOG)

Wastes generated at food service establishments as by-products of food preparation activities. FOG captured on site (at the source of generation) is classified into two general categories:

(1)

Yellow grease: derived from cooking oils; and

(2)

Waste grease that is separated and collected by the food service establishment at the point of use.

FLOW RATE

The quantity of liquid or waste that flows during a certain period of time.

GRAB SAMPLE

A single sample of wastewater representing the physical, chemical and biological characteristics of the wastewater at one point in time.

INDUSTRIAL USER

A source of indirect discharge of waste to the POTW.

INDUSTRIAL WASTES

The liquid or liquid-borne solid, liquid or gaseous wastes from industrial manufacturing processes, trades, services, utilities or businesses, as distinguished from sanitary sewage.

INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT

The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.

INTERFERENCE

A discharge which, alone or in conjunction with discharges by other sources, both 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 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;

(2)

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;

(3)

The Clean Air Act;

(4)

The Toxic Substance Control Act; and

(5)

The Marine Protection Research and Sanctuaries Act.

MAXIMUM ALLOWABLE INDUSTRIAL LOADING

The calculated value of any parameter that can be adequately treated by the POTW, less domestic, noncontributing industrial and safety factor loadings, expressed in pounds per day, and listed in § 340-18B(1).

[Added 9-5-2007, approved 9-8-2007]

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT

A permit issued pursuant to § 402 of the Act.

NEW SOURCE

Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under § 307(c) of the Act, which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:

(1)

The building, structure, facility or installation is constructed at a site at which no other source is located; or

(2)

The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

(3)

The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant and the extent to which the facility is engaged in the same general type of activity as the existing source should be considered.

(4)

Construction on a site at which an existing source is located results in a modification rather than a new source if the new construction does not create a new building, structure, facility or installation meeting the criteria of Subsection (2) or (3) of this definition, but otherwise alters, replaces or adds to existing process or production equipment.

(5)

Construction of a new source as defined under this definition has commenced if the owner has begun or caused to begin as part of a continuous on-site construction program any placement, assembly or installation of facilities or equipment; or entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss and contracts for feasibility, engineering and design studies do not constitute a contractual obligation under this definition.

NEW USER

A discharger to the POTW who commences discharge after the effective date of this chapter, also the agent of this new user.

OIL AND GREASE

The result obtained when using an approved laboratory procedure to determine the quantity of fats, wax, grease, oil or petroleum hydrocarbons in a sample expressed in milligrams per liter.

PASS-THROUGH

The discharge which exits the POTW into the waters of the state in quantities or concentrations which, alone or in conjunction with discharges from other sources, is a cause of a violation of any requirement of the POTW's SPDES permit (including an increase in magnitude or duration of a violation).

PERMIT

A temporary revocable written document (control mechanism) allowing discharge to and treatment by the POTW of specific wastes over a limited period of time, containing sampling locations and reporting frequencies, and requiring other actions as authorized by this chapter.

POLLUTANT

Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity or odor) or any other substance known, suspected or having the potential to interfere with the operation of the POTW, pass through to the receiving waters, create a hazardous environment for the POTW workers or the general public or adversely impact the sludge generated by the POTW.

PRETREATMENT REQUIREMENTS

Any substantive or procedural requirement related to pretreatment, other than a National Pretreatment Standard imposed upon an industrial user.

PRETREATMENT STANDARD (NATIONAL PRETREATMENT STANDARD OR STANDARD)

Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with § 307 (b) and (c) of the Act, which applies to industrial users. This term includes prohibitive discharge limits established pursuant to § 403.5, pretreatment standards pursuant to 40 CFR 405 through 471 and local discharge limits.

PRETREATMENT (TREATMENT)

The reduction in the amount of pollutants, the elimination of pollutants or the alteration of the nature of the pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the POTW. The reduction or alteration can be achieved by a physical, chemical or biological process, process changes or by other means, except as prohibited by 40 CFR 403.6(D).

PUBLICLY OWNED TREATMENT WORKS (POTW)

A treatment works, as defined by § 212 of the Act (33 U.S.C. § 1292), which is owned in this instance by the City of Kingston, New York. This definition includes any sewers and appurtenances that transport wastewater to the POTW, but does not include pipes, sewers or other conveyances not connected directly or indirectly to a facility providing treatment.

RCRA (RESOURCE CONSERVATION AND RECOVERY ACT)

Title 2 of the Solid Waste Disposal Act.

RECEIVING WATERS

A natural watercourse or body of water (usually the state's waters) into which treated or untreated sewage is discharged.

SCAVENGER WASTES

See "septage."

SEPTAGE

The matter removed from septic tanks, cesspools or approved type 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.

SIGNIFICANT INDUSTRIAL USER (SIU)

An industrial user of the POTW who is:

(1)

Subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N.

(2)

Any other industrial user that discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary noncontact cooling and boiler blow down wastewater).

(3)

Contributing a process waste stream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW.

(4)

Designated as such by the control authority on the basis that the industrial user has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement [in accordance with 40 CFR 403.8(f)(6)].

[Amended 4-5-2011 by L.L. No. 5-2011, approved 4-19-2011]

(5)

Having a substantial impact, either singly or in combination with other industries, on the operation of the POTW.

(6)

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.

SLUG

(1)

A substantial deviation from normal rates of discharge or constituent concentration (see "sewage") sufficient to cause interference.

(2)

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.

TOXIC SUBSTANCE

(1)

Any substance, whether gaseous, liquid or solid, that, when discharged to any public sewer in sufficient quantities, may be hazardous to sewer maintenance personnel, tends to interfere with any biological sewage treatment process or constitutes a hazard to recreation in the receiving waters due to the effluent from a sewage treatment plant or overflow point.

(2)

Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the EPA under provisions of the Act, § 307(a) or other Acts.

USER

Any person who contributes, causes or permits the contribution of wastewater into the POTW.

WASTEWATER

The liquid and water-carried industrial and 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 to or permitted to enter the POTW.

"Shall" is mandatory; "may" is permissive.