Unless otherwise stated in the section where the term is used
in this chapter, the meaning of terms used in this chapter shall be
as stated below. When not inconsistent with the context, the present
tense shall include the future, and words used in the plural shall
include the singular and vice versa. Furthermore, a masculine pronoun
shall include the feminine. Shall is mandatory; may is permissive.
Sewage whose concentration of one or more characteristics
of normal sewage exceeds the maximum concentrations of the characteristics
of normal sewage. See "normal sewage."
The federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. 1251 et seq., as may be amended.
The regional administrator of the U.S. Environmental Protection
Agency (USEPA), Region 2.
The latest edition of any ASTM specification, when stipulated
in this chapter.
The result obtained, using and approved laboratory procedure,
to determine the quantity of ammonia in a sample, expressed as milligrams
of nitrogen per liter.
That person who makes application for any permit. The applicant
may be an owner, new or old, or his agent.
The USEPA, or the New York State Department of Environmental
Conservation (NYSDEC), in the event the NYSDEC is delegated approval
authority responsibility by the USEPA.
The procedures defined as standard methods in this article,
or other procedures approved by the Director, for flow measurement
or determination of the concentration of pollutants or their surrogates
in waters, wastewaters, and/or sludges.
An authorized representative of the industrial user may be:
For a corporation, a principal executive officer shall be a
president, vice president, secretary or treasurer;
A manager of a manufacturing, production or operating facility,
provided the manager is authorized to make decisions which govern
the operation of the regulated facility;
A general partner or proprietor, if the industrial user is a
partnership or proprietor, respectively;
A duly authorized representative of the individual designated
above, if such representative is responsible for overall operation
of the facilities from which the indirect discharge originates.
The result obtained when using an approved laboratory procedure
to determine the quantity of oxygen utilized in the aerobic biochemical
oxidation of organic matter or in a sample, expressed in milligrams
per liter.
Any person who undertakes to construct a building or any
part of a building, either under contract or for resale.
That part of the lowest horizontal piping of a building drainage
system which receives the discharge from soil, waste, and other drainage
pipes inside the building walls, and conveys it to the building lateral,
which begins five feet outside the inner face of the building wall.
The extension of pipe from the building drain to the public
sewer or other place of disposal.
The result obtained when using an approved laboratory procedure
to measure the oxygen requirement of that portion of matter in a sample
that is susceptible to oxidation by a specific chemical oxidant, expressed
in milligrams per liter.
The result obtained when using an approved laboratory procedure
to determine the difference between the amount of chlorine added to
a sample and the amount of chlorine remaining in the sample at the
end of a specified contact time at room temperature, expressed in
milligrams per liter.
The optical density at the visual wave length of maximum
absorption, relative to distilled water. One-hundred-percent transmittance
is equivalent to zero optical density.
The sample resulting from the combination of individual samples
of wastewater taken at selected intervals for a specified time period.
The individual samples may have equal volumes or the individual volumes
may be proportioned to the flow at the time of sampling.
Attachment of one user to a sewer. (See "extension.")
The one-time application fee to offset the Village of Penn
Yan's 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.
The term shall refer to "approval authority," or to the director
when the Village has an approved pretreatment program under the provisions
of 40 CFR 403.11.
A manhole accessible to the control authority in or upstream
of the street lateral, such that samples collected from the manhole
represent the discharge to the POTW.
A pollutant that the POTW treatment plant was designed to
treat, defined in accordance with the Act.
The water discharged from any system of condensation, air
conditioning, refrigeration, or other sources. It shall contain no
polluting substances which would produce COD or suspended solids in
excess of five milligrams per liter, or toxic substances, as limited
elsewhere in this chapter.
The County in which the Village of Penn Yan is located.
Any person who subdivides land for the purpose of constructing,
or causing to be constructed, buildings for which wastewater disposal
facilities are required.
The discharge of treated or untreated wastewater directly
to the waters of the State of New York. (For reference, see "indirect
discharge.")
The Director of Public Works of the Penn Yan Municipal Utilities
Board of the Village of Penn Yan or his/her authorized deputy, agent
or representative.
See "sewage, domestic."
The sanitary sewer installed in anticipation of future connection
to a POTW but which is not used, in the meantime, for transport of
storm or sanitary sewage.
An acquired legal right for the specific use of land owned
by others.
For the purpose of determining compliance with limitations prescribed by Article IX, "end of pipe" shall mean the control manhole, provided the samples collected from the control manhole are representative of the discharge to the POTW.
The concentration of a substance in a sample of wastewater
at the end of pipe.
See "National Categorical Pretreatment Standard."
The professional engineer retained as Village Engineer for
the Village of Penn Yan.
The agency of the federal government charged with the administration
and enforcement of federal environmental laws, rules, and regulations.
Also may be used as a designation for the administrator or other duly
authorized official of this agency.
Attachment of a sewer line, with more than one user, to an
existing sewer line.
All buildings, other structures, grounds and contiguous property
at any locations related to or connected with a user at the user's
location.
Oil, grease, or fat in a physical state such that it will
separate by gravity from wastewater by treatment in a wastewater treatment
facility.
The quantity of liquid or waste that flows in a certain period
of time.
A pipe which carries sewage moved by the force of pumping.
The solid wastes from the preparation, cooking, and dispensing
of food, from the handling, storage and sale of produce, from packaging
and canning of food, objectionable wastes, and wastes typically disposed
of as solid wastes.
A single sample of wastewater representing the physical,
chemical and biological characteristics of the wastewater at one point
and time.
The form used by the NYSDEC to survey industries to perform
and update the Industrial Chemical Survey.
The introduction of wastewater into a POTW for treatment
and ultimate discharge of the treated effluent to the state's
waters. (For reference, see "direct discharge.")
Meaning or pertaining to industry, manufacturing, commerce,
trade, business, or institution, and is distinguished from domestic
or residential.
The liquid or liquid-carried solid, liquid and/or gaseous
wastes from industrial manufacturing processes, trade, service, utility,
or business, as distinct from sanitary sewage.
Water, other than wastewater, that enters a sewer system
(excluding building drains) from the ground through such means as
defective pipes, pipe joints, connections, or manholes. Infiltration
is inadvertent, that is, not purposely designed or built into the
sewer or drain.
Water, other than wastewater, that enters a sewer system
(including building drains) from sources such as, but not limited
to, roof leaders, cellar drains, area drains, drains from springs
and swampy areas, manhole covers, cross connections between storm
sewers and sanitary sewers, catch basins, cooling towers, stormwaters,
foundation drains, swimming pools, surface runoff, street wash waters,
or drainage. Inflow does not include, and is distinguished from, infiltration.
Inflow is purposely designed and/or built into the sewer or drain.
A discharge which, alone or in conjunction with discharges
by other sources:
Inhibits or disrupts the POTW, its treatment processes or operations,
or its sludge processes, use of disposal; and
Therefore is a cause of a violation of any requirement of the
Village of Penn Yan's POTW SPDES permit (including an increase
in the magnitude or duration of a violation) or of the prevention
of sewage sludge use or disposal by the POTW in accordance with the
following statutory provisions and regulations or permits issued thereunder
(or more stringent state or local regulations):
Section 405 of the Clean Water Act;
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 or the SWDA);
Clean Air Act;
Toxic Substance Control Act; and
Marine Protection Research and Sanctuaries Act.
The sewer extension from the building drain to the street
lateral or other place of wastewater disposal.
The sewer extension from the public sewer to the property
line.
The duly appointed Municipal Utilities Board of the Village
of Penn Yan or its authorized deputy or representative.
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 or
industrial users. These standards apply at the end of the categorical
process (end of process).
A permit issued pursuant to Section 402 of the Act (33 U.S.C.
§ 1342).
Any regulation developed under the authority of Section 307
(B) of the Act, and 40 CFR, Section 403.5.
Any outlet, including storm sewers and combined sewer overflows,
to state's waters.
That individual or entity who purchased property within the
service area of the Village of Penn Yan after the effective date of
this chapter.
Any source, the construction of which is commenced after
the publication of the proposed regulation prescribing a Section 307
(C) (33 U.S.C. § 1317) categorical pretreatment standard
which will be applicable to such source, if such standard is thereafter
promulgated.
A discharger to the POTW who commences discharge after the
effective date of this chapter.
New York State Department of Environmental Conservation.
See "sewage, normal."
The use or lack of use of the POTW in such a manner so as
to endanger life or health, give offense to the senses, or obstruct
or otherwise interfere with the reasonable use or maintenance of the
POTW.
The result obtained when using an approved laboratory procedure
to determine the quantity of fats, wax, grease, and oil, in a sample,
expressed in milligrams per liter.
That individual or entity who owns or owned a property within
the service area of the POTW purchased prior to the effective date
of this chapter, or who inherited the property at any time and intends
to sell the property, or has sold the property to a new owner; also
the agent of the old owner.
Garbage (shredded or unshredded), refuse, wood, eggshells,
coffee grounds, sawdust, shavings, bark, sand, lime, ashes, and all
other discarded matter not normally present in sewage or industrial
wastes. Also, the discarded matter not normally present in sewage
or industrial waste.
Any person in title or having interest in real property in
any sanitary sewer district and its extension or extensions and/or
any drainage district or districts now existing or subsequently created
by any Town Board of Yates County or individual or the Village of
Penn Yan, New York.
The discharge which exits the Village POTW into waters of
the state in quantities, which, alone or in conjunction with discharges
from other sources, is a cause of a violation of any requirement of
the POTW's SPDES permit (including an increase in the magnitude
or duration of a violation).
A temporary revocable written document allowing use of the
POTW for specified wastes over a limited period of time, containing
sampling locations and reporting frequencies, and requiring other
actions as authorized by this chapter.
Any individual, public or private corporation, political
subdivision, federal, state, or local agency or entity, association,
trust, estate or any other legal entity whatsoever.
The logarithm (base 10) of the reciprocal of the weight of
hydrogen ions, in gram moles per liter of solution. A pH value of
7.0, the pH scale midpoint, represents neutrality. Values above 7.0
represent alkaline conditions. Values below 7.0 represent acid conditions.
See "total phosphorus."
Any material such as dredged spoil, solid waste, incinerator
residue, filter backwash, sewage, garbage, sewage sludge, munitions,
chemical wastes, biological materials, radioactive materials (except
those regulated under the Atomic Energy Act of 1954, as amended [42
U.S.C. 2011 et seq.]), heat, wrecked or discarded equipment, rock,
sand, cellar dirt and industrial, municipal, and agricultural waste
discharged into water.
The manmade 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.
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).
Any substantive or procedural requirement related to pretreatment,
other than a National pretreatment standard imposed on an industrial
user.
Any categorical standard or Prohibitive Discharge standard.
The most recently revised or updated list, developed by the
EPA, in accordance with the Act.
See "National Prohibitive Discharge standard."
The wastes from the preparation, cooking, and dispensing
of food that have been shredded to such a degree that all particles
will be carried freely under the flow conditions normally prevailing
in public sewers, and with no particle having a dimension greater
than 1/4 inch in any dimension.
The nearest edge of the sewer right-of-way in those instances
where the building sewer connects to the public sewer in the right-of-way.
That portion of the POTW designed to provide treatment to
wastewater, and to treat sludge and residuals derived from such treatment.
A treatment works, as defined by Section 212 of the Act,
(33 U.S.C § 1292), which is owned, in this instance, by
the Village of Penn Yan. 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.
Pumps, located in a pit or building, to raise sewage from
one elevation to another.
A natural water course or body of water (usually Waters of
the State) into which treated or untreated sewage is discharged.
Shall include, but not be limited to, any printed typewritten,
handwritten or otherwise recorded matter of whatever character (including
paper or electronic media), including but not limited to letters,
files, memoranda, directives, notes and notebooks, correspondence,
descriptions, telephone call slips, photographs, permits, applications,
reports, compilations, films, graphs and inspection reports. For the
purposes of this chapter, records shall mean records of and relating
to waste generation, reuse and disposal, and shall include records
of usage of raw materials.
A drain installed to receive water collecting on the surface
of a roof for disposal.
All liquids and solids in and removed from septic tanks,
holding tanks, cesspools, or approved type of chemical toilets including
but not limited to those serving private residences, commercial establishments,
institutions, and industries; Also, sludge from small sewage treatment
plants. Septage shall not have been contaminated with substances of
concern or priority pollutants.
A private domestic sewage treatment system consisting of
an underground tank (with suitable baffling), constructed in accordance
with any and/or all local and state requirements.
The legally defined bounds of real property from which wastewater
may be discharged into the POTW. The bounds shall be established,
altered, changed, modified, reduced, enlarged, combined, or consolidated
by action of the Penn Yan Village Board.
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.
Liquid wastes from the noncommercial preparation, cooking,
and handling of food, or liquid wastes containing human excrement
and similar matter from the sanitary conveniences in dwellings, commercial
buildings, industrial buildings, and institutions. Therefore, domestic
sewage includes both black water and grey water. (See "sewage, sanitary.")
Sewage, industrial wastes, or other wastes, which show, by analysis,
the following characteristics:
B.O.D. (five day): 300 milligrams per liter or less.
Suspended solids: 350 milligrams per liter or less.
Phosphorus: five milligrams per liter or less.
Ammonia: 30 milligrams per liter or less.
Total Kjeldahl nitrogen: 50 milligrams per liter or less.
Chlorine demand: 15 milligrams per liter or less.
Chemical oxygen demand: 350 milligrams per liter or less.
Oil and grease: 100 milligrams per liter or less.
In spite of satisfying one or more of these characteristics,
if the sewage also contains substances of concern, it may not be considered
normal sewage.
Liquid wastes from the sanitary conveniences of dwellings
(including apartment houses and hotels), office buildings, factories,
or institutions, and free from stormwater, surface water, industrial,
and other wastes. (See "domestic wastes.")
See "POTW treatment plant."
Sewage which has characteristics greater than those of normal
sewage and/or which contains substances of concern.
A pipe or conduit for carrying or transporting sewage.
The demand payment for the use of a public sewer and/or sewage
treatment plant for the handling of any sewage, industrial wastes,
or other wastes accepted for admission thereto in which the characteristics
thereof exceed the maximum values of such characteristics in normal
sewage. (See "volume charge.")
All facilities for collecting, regulating, pumping, and transporting
wastewater to and away from the POTW treatment plant.
A sewer designed to receive and transport both surface runoff
and sewage.
A sewer in which all abutting property owners have equal
rights, and the use of which is controlled by the Village of Penn
Yan.
A sewer which carries sewage, and to which storm, surface,
and groundwater is not intentionally admitted.
A sewer which carries storm and surface waters and drainage,
but excludes sewage and industrial wastewaters, other than cooling
waters and other unpolluted waters.
See "user, significant industrial."
A user is in significant noncompliance if its violation(s)
meet(s) one or more of the following criteria:
Chronic violations of wastewater discharge limits, defined here
as those in which 66% or more of all of the measurements taken for
the same pollutant during a six-month period exceed (by any magnitude)
a numeric pretreatment standard or requirement including instantaneous
limits;
Technical review criteria (TRC) violations, defined here as
those in which 33% or more of all of the measurements taken for the
same pollutant taken during a six-month period equal or exceed the
product of a numeric pretreatment standard or requirement including
instantaneous 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 except pH);
Any other violation of a pretreatment effluent limit (daily
maximum or long-term average) that the Director of Public Works determines
has caused, alone or in combination with other discharges, interference
or pass-through (including endangering the health of POTW personnel
or the general public);
Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the Director of Public Work's exercise of its emergency authority under Article XI of this chapter;
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;
Failure to provide, within 30 days after the due date, required
reports such as baseline monitoring reports, ninety-day compliance
reports, periodic self-monitoring reports, and reports on compliance
with compliance schedules;
Failure to report accurately any noncompliance;
Any other violation which the Director of Public Works determines
will adversely affect the implementation or operation of the local
pretreatment program.
Any discharge of a nonroutine, episodic nature, including
but not limited to an accidental spill or a noncustomary batch discharge,
which has a reasonable potential to cause interference or pass-through,
or in any other way violate the POTW's regulations, local limits
or permit conditions. 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.
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.
Sampling and analysis shall be performed in accordance with
the techniques prescribed 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 sampling and analysis shall be
performed by using validated methods or any other procedure approved
by the administrator.
The state of New York.
See "waters of the state."
State Pollutant Discharge Elimination System Permit Program
administered by the State of New York, pursuant to Environmental Conservation
Law, Article 17, Titles 7 and 8.
Any flow occurring during or following any form of natural
precipitation; also the flow resulting therefrom.
Those compounds which the New York State Department of Environmental
Conservation has determined may be harmful to man or the environment.
A mechanism used for removing water from a sump or wet well.
The Director or Superintendent of Public Works of the Village
of Penn Yan, Operations Manager, or the Director of Water and/or Wastewater
Treatment. This definition shall also include their authorized deputy,
agent, or representative.
The result obtained, using an approved laboratory procedure,
to determine the dry weight of solids in a sample, that either float
on the surface of, or are in suspension, or are settleable, and can
be removed from the sample by filtration, expressed in milligrams
per liter.
The result obtained, using an approved laboratory procedure,
to determine the quantity of ammonia in a sample and released during
the acid digestion of organic nitrogen compounds, expressed as milligrams
of nitrogen per liter.
The result obtained, using an approved laboratory procedure,
to determine the total quantity of orthophosphate in a sample of wastewater
following the hydrolysis of phosphorus compounds, expressed as milligrams
of phosphorus per liter of sample.
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.
Any person who contributes, causes, or permits the contribution
of wastewater into the POTW.
A discharger to the POTW who is discharging on or before
the effective date of this chapter.
A discharger to the POTW who discharges nondomestic wastewaters.
A discharger to the POTW who initiates discharge after the
effective date of this chapter.
An industrial user of the Village POTW who is:
Subject to National categorical pretreatment standards promulgated
by the EPA;
Contributing a process waste stream which makes up 5% or more
of the average dry weather hydraulic or organic capacity received
by the POTW treatment plant;
Discharging an average of 25,000 gallons per day or more of
process wastewater to the POTW (excluding sanitary, noncontact cooling,
and boiler blowdown wastewater);
Designated by the Village 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.
The Village of Penn Yan, as incorporated on April 29, 1833.
The demand sewer use charge which is based, in part or wholly, on the volume of normal sewage discharged into the POTW (there may be surcharges, as provided for in Article XII). The volume charge shall be based on a specific cost per 1,000 gallons. The specific charge shall be subject to approval by the Village Board. The moneys so obtained shall be used for current operation and maintenance, for retirement of bonded indebtedness, and for funding of capital projects, of the POTW. The volume charge shall be recalculated annually, as well as the surcharge rates.
The liquid and water-carried industrial or domestic wastewaters
from dwellings, commercial establishments, industrial facilities,
and institutions, together with any groundwater, surface water, and
stormwater that may be present, whether treated or untreated, which
is contributed into or permitted to enter the POTW.
A permit as set forth in Article X of this chapter.
See "sewage, unusual strength or character."
All streams, lakes, ponds, marshes, water courses, waterways,
wells, springs, reservoirs, aquifers, irrigation systems, drainage
systems, and all other bodies or accumulations of water, surface or
underground, natural or artificial, public or private, which are contained
within, flow through, or border upon the state or any portion thereof.
The following abbreviations shall have the designated meanings:
|
Abbreviation
|
Meaning
|
|---|---|
|
ANSI
|
American National standards Institute
|
|
ASTM
|
American Society for Testing and Materials
|
|
AWWA
|
American Water Works Association
|
|
BOD
|
Biochemical oxygen demand
|
|
CFR
|
Code of federal Regulations
|
|
CPLR
|
Code of Public Law and Rules
|
|
COD
|
Chemical oxygen demand
|
|
EPA
|
Environmental Protection Agency
|
|
L
|
Liter
|
|
Mg
|
Milligram
|
|
Mg/l
|
Milligrams per liter
|
|
NCPI
|
National Clay Pipe Institute
|
|
NPDES
|
National pollutant discharge elimination system
|
|
NYSDEC
|
New York State Department of Environmental Conservation
|
|
NYSDOH
|
New York State Department of Health
|
|
NYSDOT
|
New York State Department of Transportation
|
|
P
|
Total phosphorus
|
|
PSI
|
Pounds per square inch
|
|
POTW
|
Publicly owned treatment works
|
|
PPM
|
Parts per million, weight basis
|
|
SIC
|
Standard industrial classification
|
|
SPDES
|
State pollutant discharge elimination system
|
|
SWDA
|
Solid Waste Disposal Act, 42 U.S.C. 690 L et seq.
|
|
U.S.C.
|
United State Code of Laws
|
|
USEPA
|
United States Environmental Protection Agency
|
|
TSS
|
Total suspended solids
|
Terms not defined in this article, or terms found to be ambiguous
or improperly defined in this article, shall be defined by the Act,
or regulations pursuant thereto.
