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:
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 United States 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/her agent.
APPROVAL AUTHORITY
The United States Environmental Protection Agency (USEPA)
or the New York State Department of Environmental Conservation (NYSDEC),
in the event that 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 Superintendent, for flow measurement
or determination of the concentration of pollutants or their surrogates
in waters, wastewaters and/or sludges.
AUTHORIZED REPRESENTATIVE OF THE INDUSTRIAL USER
A.
A principal executive officer of at least the
level of Vice President, if the industrial user is a corporation.
B.
A general partner or proprietor, if the industrial
user is a partnership or proprietorship, respectively.
C.
A duly authorized representative of the individual
designated above, if such representative is responsible for the overall
operation of the facilities from which the indirect discharge originates.
BOD (denoting 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.
CHIEF OPERATOR
The licensed operator(s) in charge of the Town of Albion
and village sewer systems.
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.
CLERK
The person appointed by the Town Board to perform clerical
and financial matters for the Town, as designated.
COD (denoting 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 wave length of maximum
absorption, relative to distilled water. One-hundred-percent transmittance
is equivalent to 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").
CONNECTION CHARGE (TAP FEE)
The one-time application fee to offset Town of Albion expenses
to process an application for a connection of a building/street lateral
to the public sewer. The fee also covers plan review, permit issuance,
street repair cost and inspection costs. The fee may be scaled to
the amount of work involved or to the size of the public sewer involved.
CONTROL AUTHORITY
The term shall refer to an approval authority, or to the
Superintendent when the Town of Albion 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 Town and village sewer systems.
CONVENTIONAL POLLUTANT
A pollutant that the Town and village sewer systems 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
Orleans County, New York.
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 SEWERS
The sanitary sewer installed in anticipation of future connection
to the Town and village sewer systems but which is not used, in the
meantime, for transport of storm or 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
IX, the control manhole, provided that the samples collected from the control manhole are representative of the discharge to the Town and village sewer systems.
EPA, USEPA or 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.
EXTENSION
Attachment of a sewer line, with more than one user, to an
existing sewer line.
FLOATABLE OIL
Oil, grease or fat in a physical stare 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 the Town and village
sewer systems 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 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:
A.
Inhibits or disrupts the Town and village sewer
systems, their treatment processes or operations, or their sludge
processes, use or disposal; and
B.
Therefore is a cause of a violation of any requirement
of the Village of Albion 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 Town and village sewer systems 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 11, 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);
(4)
The Toxic Substance Control Act; and
(5)
The Marine Protection Research and Sanctuaries
Act.
LATERAL, BUILDING
The sewer extension from the building drain to the sewer
main or other place of wastewater disposal.
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 Town of Albion 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.
NEW USER
A discharger to the Town and village sewer systems who commences
discharge after the effective date of this chapter.
NUISANCE
The use or lack of use of the Town and village sewer systems
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 Town and village sewer systems.
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 Town and village sewer systems, 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.
OTHER WASTES
Garbage (shredded or unshredded), refuse, wood, egg shells,
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 Town of Albion Town and village
sewer systems 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 Town and village sewer systems'
State Pollution Discharge Elimination System permit (including an
increase in the magnitude or duration of a violation).
PERMIT
A temporary revocable written document allowing use of the
Town and village sewer systems 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.
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 the Town and village
sewer systems. 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.
RECEIVING WATERS
A natural watercourse or body of water (usually waters of
the state) into which treated or untreated sewage is discharged.
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 types of chemical toilets, including,
but not limited to, those serving private residences, commercial establishments,
institutions and industries; also, sludge from small sewage treatment
plants. Septage shall not have been contaminated with substances of
concern or priority pollutants.
SEPTIC 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 TOWN AND VILLAGE SEWER SYSTEMS
The legally defined bounds of real property from which wastewater
may be discharged into the Town and village sewer systems. The bounds
shall be established, altered, changed, modified, reduced, enlarged,
combined or consolidated by action of the Town of Albion 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
A.
Sewage, industrial wastes or other wastes which
show, by analysis, the following characteristics:
(1)
BOD (five-day): 2,090 pounds per million gallons
(250 milligrams per liter), or less.
(2)
Suspended solids: 2,500 pounds per million gallons
(300 milligrams per liter), or less.
(3)
Phosphorus: 125 pounds per million gallons (15
milligrams per liter), or less.
(4)
Ammonia: 250 pounds per million gallons (30
milligrams per liter), or less.
(5)
Total kjeldahl nitrogen: 417 pounds per million
(50 milligrams per liter), or less.
(6)
Chlorine demand: 209 pounds per million gallons
(25 milligrams per liter), or less.
(7)
Chemical oxygen demand: 2,920 pounds per million
gallons (350 milligrams per liter), or less.
(8)
Oil and grease: 830 pounds per million gallons
(100 milligrams per liter), or less.
B.
In spite of satisfying one or more of these
characteristics, if the sewage also contains substances of concern,
it may not be considered normal sewage.
SEWAGE, 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.
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 (see "volume charge").
SEWER, COMBINED
A sewer designed to receive and transport both surface runoff
and sewage.
SEWER, PUBLIC
A sewer in which all abutting property owners have equal
rights and the use of which is controlled by the Town of Albion.
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.
SIGNIFICANT NONCOMPLIANCE (SNC)
A user is in significant noncompliance if its violation(s)
meet(s) one or more of the following criteria:
A.
Chronic violations of wastewater discharge limits,
defined here as those, in 66% or more of all of the measurements taken
during a six-month period, which exceed (by any magnitude) the daily
maximum limit or average limit for the same pollutant parameter;
B.
Technical review criteria (TRC) violations,
defined here as those in 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 equals 1.4 for BOD, total suspended solids,
fats, oil and grease; TRC equals 1.2 for all other pollutants);
C.
Any other violation of a pretreatment effluent
limit (daily maximum or long-term average) that the Superintendent
determines has caused, alone or in combination with other discharges,
interference or pass-through (including endangering the health of
Town and village sewer systems personnel or the general public);
D.
Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the Superintendent's exercise of its emergency authority under Article
XI of this chapter;
E.
Failure to meet, within 90 days after the scheduled
date, a compliance schedule milestone contained in a local control
mechanism or enforcement order for starting construction, completing
construction or attaining final compliance;
F.
Failure to provide, within 30 days after the
due date, required reports such as baseline monitoring reports, ninety-day
compliance reports, periodic self-monitoring reports and reports on
compliance with compliance schedules;
G.
Failure to report accurately any noncompliance;
or
H.
Any other violation which the Superintendent
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 136,
and amendments thereto (If 40 CFR 136 does not include a sampling
or analytical technique for the pollutant in question, then procedures
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 Superintendent,
whichever is the most conservative.
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 humans or the environment.
SUMP PUMP
A mechanism used for removing water from a sump or wet well.
SUPERINTENDENT
Those individuals appointed by the Town of Albion Town Board
as the Chief Operator of the Town portion of the sewer system. This
definition shall also include their authorized deputies, agents or
representatives.
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 Albion, Orleans County, New York.
TOWN AND VILLAGE SEWER SYSTEMS and PUBLICLY OWNED TREATMENT
WORKS
The Town and village sewer systems is the portion of the
system designed to provide treatment to wastewater and to treat sludge
and residuals derived from such treatment, owned and operated by the
Town or Village of Albion. A publicly owned treatment works, as defined
by Section 212 of the Act (33 U.S.C 1,292), which is owned, in this
instance, by Town of Albion, includes any sewers and appurtenances
that transport wastewater to the Town and village sewer systems, but
does not include pipes, sewers or other conveyances not connected
directly or indirectly to a facility providing treatment.
TOXIC SUBSTANCES
Any substance, whether gaseous, liquid or solid, that, when
discharged to a public sewer in sufficient quantities, may be hazardous
to Town and village sewer systems 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 Section 307(A) of the Clean
Water Act, or other acts.
USER
Any person who contributes, causes or permits the contribution
of wastewater into the Town and village sewer systems.
USER, EXISTING
A discharger to the Town and village sewer systems who is
discharging on or before the effective date of this chapter.
USER, INDUSTRIAL
A discharger to the Town and village sewer systems who discharges
nondomestic wastewaters.
USER, NEW
A discharger to the Town and village sewer systems who initiates
discharge after the effective date of this chapter.
USER, SIGNIFICANT INDUSTRIAL (SIU)
A.
An industrial user of the Town of Albion Town
and village sewer systems 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; or
(4)
Discharging more than 5% of the flow or load
of conventional pollutants received by the Town and village sewer
systems.
B.
A user discharging a measurable quantity of
a pollutant may be classified as nonsignificant if, at the influent
to the Town and village sewer systems, the pollutant is not detectable.
VOLUME CHARGE (USER CHARGE)
The demand sewer use charge which is based, in part or wholly, on the volume of normal sewage discharged into the Town and village sewer systems (there may be surcharges, as provided for in Article
XIII). The volume charge shall be based on a specific cost per 100 cubic feet or per 1,000 gallons. The specific charge shall be subject to approval by the Town of Albion Town 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 Town and village sewer systems. The basis of volume charge calculations shall be made available to the public, on demand, as provided in Article
XIII. The volume charge shall be recalculated annually, as well as the surcharge rates.
WASTEWATER
The liquid- and water-carried industrial or domestic wastewaters
from dwellings, commercial establishments, industrial facilities and
institutions, together with any ground-, surface and stormwater that
may be present, whether treated or untreated, which is contributed
into or permitted to enter the Town and village sewer systems.
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.