Unless the contents specifically indicate otherwise, the meanings of words, terms and phrases used in this chapter shall be as follows:
ACT or THE ACTThe Federal Water Pollution Control Act, also known as the "Clean Water Act" as amended.
APPROVAL AUTHORITYThe Director in an NPDES-state with an approved state pretreatment program or the appropriate regional administrator of the USEPA in a non-NPDES state or NPDES-state without a USEPA-approved state pretreatment program.
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER(1) For signatory requirements, an authorized representative may be:
(a) A responsible corporate officer. A responsible corporate officer means a president, vice president, secretary or treasurer of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or the manager of one or more manufacturing, production or operating facilities employing more than 250 persons or having annual gross sales or expenditures exceeding $25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
A general partner or proprietor, if the industrial user submitting required papers is a partnership or sole proprietorship respectively.
A duly authorized representative of individuals noted in Subsections
(1)(a) and
(b), if: the authorization is made in writing by the individual described in Subsection
(1)(a) or
(b) of this section, the authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the superintendent, or a position of equivalent responsibility, or having equal responsibility for environmental matters for the company, and the written authorization is submitted to the control authority.
If an authorization under Subsection
(1)(c) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of Subsection
(1)(c) of this section must be submitted to the control authority prior to or together with any reports to be signed by an authorized representative.
B.O.D. (denoting "biochemical oxygen demand")The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 20° C., expressed in parts per million by weight or milligrams per liter (mg/l).
BUILDING DRAINThat part of the lowest horizontal piping of the drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer beginning five feet outside the inner face of the building wall, and shall mean and include a house sewer or a private sewer.
BUILDING SEWERThe extension from the building drain to the public sewer or to an existing extension from a public sewer when available.
COOLING WATERThe water discharge from any system of condensation, air conditioning, cooling refrigeration, or other, but which shall be free from odor and oil. It shall contain no polluting substances which would produce B.O.D. or suspended solids each in excess of 10 parts per million by weight.
DISCHARGE PERMITA permit issued by the Superintendent of Public Works to an industry authorizing the discharge of industrial wastes into the public sewer system. Copies shall be kept on file in the offices of the Village of Endicott.
DRAINAGE WATERStormwater, surface water, or groundwater, which is or has been conveyed from its original source.
ENGINEERA licensed New York State professional engineer employed by or hired as a consultant by the Village of Endicott.
GARBAGESolid wastes from the preparation, cooking, and dispensing of food and from the handling, storage, and sale of produce.
INDIRECT DISCHARGEThe discharge or the introduction of nondomestic pollutants from any source regulated under Section 307 (b), (c), or (d) of the Act into the wastewater treatment facility, including holding tank waste (leachate, septic tank waste, etc.) discharged into the system.
INDUSTRIAL WASTEAny liquid, gaseous, solid, or other waste substance or a combination of thereof resulting from any process of industry, manufacturing, trade, or business or from the development or recovery of any natural resources, whether pretreated or not.
INTERFERENCEA discharge which, alone or in conjunction with a discharge or discharges from other sources, both:
(1) 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):
(a) Section 405 of the Clean Water Act;
Toxic Substances Control Act; and
Marine Protection, Research and Sanctuaries Act.
LABORATORY DETERMINATIONThe measurements, tests and analyses of the characteristics of waters and wastes in accordance with the methods specified in 40 CFR
136, or equivalent methods approved by USEPA.
Any solid waste in the form of a liquid, including any suspended components in the liquid, which results from contact with or passage through solid waste.
MONITORING AND ENFORCEMENT GROUPA staff of technicians headed by the Superintendent of Public Works, who are responsible for administering the industrial/commercial self-monitoring program, determining compliance with pretreatment standards and establishing applicable charges and surcharges to industrial and commercial users.
NATIONAL CATEGORICAL PRETREATMENT STANDARDAny regulation containing specific pollutant discharge limits promulgated by the USEPA in accordance with Section 307(b) and (c) of the Clean Water Act, which applies to specific categories of industries as determined by the industries' Standard Industrial Classification Code.
NATIONAL PRETREATMENT STANDARD OR PRETREATMENT STANDARDAny regulation containing pollutant discharge limits applicable to industrial users, including categorical pretreatment standards and the local limits and prohibited discharge standards developed to implement the general and specific prohibitions found in 40 CFR
403.5.
Any outlet into a watercourse, pond, ditch, lake, or other body of surface or ground water.
NEW SOURCEAny 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 a proposed pretreatment standard under Section 307 (c) of the Clean Water Act, which will be applicable to such source if such standards are thereafter promulgated, in accordance with that section, provided that any of the criteria identified below are met:
(1) The building, structure, facility, or installation is constructed at a site at which no other source is located: or
The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
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 new facility is engaged in the same general type of activity as the existing source should be considered.
NPDES PERMITNational Pollutant Discharge Elimination System permit issued pursuant to Section 402 of the Act.
NPDES STATEA state which has a USEPA-approved NPDES permit program.
NYSDECThe New York State Department of Environmental Conservation.
NORMAL SEWAGESewage shall be regarded as normal for the Village if analyses show, by weight, a daily average of not more that 400 parts per million of suspended solids, not more than 300 parts per million of B.O.D., not more than 50 parts per million of ether soluble matter (grease or oil) each per million gallons of daily flow, no prohibited discharges, and no other constituents in excess of the limits stipulated in this chapter.
OTHER WASTESProhibited discharges such as garbage, refuse, decayed wood, sawdust, shavings, bark, sand, lime, cinders, ashes, offal, tar, and all other discarded matter which is not sewage or industrial waste.
OWNERThe owner of record of the freehold of the premises or lessor estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, or other person, firm, or corporation in control of a building.
PASS-THROUGHA discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or 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).
pHThe logarithm (base ten) of the reciprocal of the concentration of hydrogen ions expressed in moles per liter of solution. It is used to indicate the concentrations of free acid and free alkali.
PLUMBING CODEThe provisions of the New York State Uniform Fire Prevention and Building Code applicable to plumbing.
POLLUTANTSAny substance, which may not normally be present in natural water or a substance which may be potentially toxic or otherwise objectionable. This particularly includes, but is not limited to any dredged spoil, solid waste, incinerator residue, sewage and garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, and industrial, municipal and agricultural waste discharged into water.
POTWThe publicly owned treatment works, as defined by Section 212 of the Act, which includes the public sewer, pumping station and sewage treatment plant.
PRETREATMENTThe reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutants in the wastewater to render them less toxic prior to, or in lieu of; discharging or otherwise introducing such pollutants into the POTW. The reduction or alteration of pollutants can be obtained by physical, chemical or biological processes, process changes or by other means, except as prohibited by 40 CFR
403.6(d).
Any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard imposed on an industrial user.
PRIVATE SEWERA building sewer and connection or other sewer not controlled by a municipality or other public authority.
PROPERLY SHREDDED GARBAGEThe garbage that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally.prevailing in public sewers, with no particle greater than 1/2 inch in any dimension.
PUBLIC SEWERA sanitary sewer in which all owners of abutting properties have equal rights and which is controlled by public authority under this chapter.
SANITARY or DOMESTIC SEWAGESewage discharging from the sanitary conveniences of dwellings, including apartment houses and hotels, office buildings, factories, or institutions, and free from storm and surface waters and industrial wastes.
SEPTAGEAll 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.
SANITARY SEWERA pipe or conduit for carrying sewage and to which storm, surface and ground waters are not intentionally admitted.
SEWER FUNDThe Endicott Joint Waste Pollution Control bank account maintained by the Village of Endicott for the benefit of all parties in the sewer service area.
SEWER SYSTEM, SEWAGE WORKS, or SEWERAGE SYSTEMAll sewer pipes and other appurtenants which are used or useful in whole or part in connection with the collection, treatment or disposal of sewage, industrial waste, and other wastes and which are owned, operated or maintained by the Village of Endicott individually or jointly with the Town of Union, Broome County, New York, including sewage pumping stations and sewage treatment and disposal works.
SEWAGE TREATMENT PLANTAny arrangement of devices and structures used for treating sewage as owned by the Village of Endicott.
SIGNIFICANT INDUSTRIAL USER(1) All industrial users subject to categorical pretreatment standards under 40 CFR
403.6 and
40 CFR Chapter
1, Subchapter N; and
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 water and boiler blowdown wastewater); contributes a process waste stream which makes up to 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or is designated as such by the control authority as defined in 40 CFR
402.12(a) 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 requirements in accordance with 40 CFR
403.8(f)(6).
SIGNIFICANT NONCOMPLIANCE (SNC)A violation, which meets one or more of the following criteria:
(1) Violations of wastewater discharge limits:
(a) Chronic violations. Sixty-six percent or more of the measurements exceed the same daily maximum limit or the same average limit in a six-month period (any magnitude of exceedance).
Technical review criteria (TRC) violation. Thirty-three percent or more of the measurements exceed the same daily maximum limit or the same average limit by more than the TRC in a six-month period.
Any other violation(s) of effluent limit (average or daily maximum) that the control authority believes has caused, alone or in combination with other discharges, interference or pass-through or endangered the health of the sewage treatment personnel or the public.
Any discharge of a pollutant that has caused imminent endangerment to human health/welfare or to the environment and has resulted in a POTW's exercise of its emergency authority to halt or prevent such a discharge.
Violations of compliance schedule milestones contained in a local control mechanism or enforcement order for starting construction, completing construction, and attaining final compliance by 90 days or more after the scheduled date.
Failure to provide reports for compliance schedules, self-monitoring data or categorical standards (baseline monitoring reports, ninety-day compliance reports, and periodic reports) within 30 days from the due date.
Failure to accurately report noncompliance.
Any other violation or group of violations that the Village considers to be significant.
SLUG DISCHARGEA wastewater discharge which has a flow rate or which contains a regulated pollutant concentration or mass quantities of pollutants that exceed, for more than 15 minutes, five times the average daily flow, pollutant concentration or pollutant loading during normal operation.
SPECIAL PERMITA conditional permit issued by the Superintendent of Public Works to an industry or other establishment authorizing the discharge of unpolluted waters or other prohibited wastes into the public sewer system. Copies shall be kept on file in the offices of the Village of Endicott.
SPDES PERMITA State Pollution Discharge Elimination System permit issued by the New York Department of Environmental Conservation to an industry or POTW authorizing the discharge of wastewaters therefrom into the waters of the State of New York.
STORM SEWER or STORM DRAINA pipe or conduit, which carries storm and surface water and drainage, but excluding sewage and industrial wastes. It may, however, carry cooling water or unpolluted waters.
STORMWATERAny flow occurring during or following any form of natural precipitation and resulting therefrom.
SURFACE WATERAny water produced naturally or otherwise which is on the ground surface.
SUSPENDED SOLIDSThose solids that either float on the surface of or in suspension of water, sewage or other liquids and which are removable by laboratory filtration.
USEPAThe United States Environmental Protection Agency.
USERAny person, who contributes, causes or permits the contribution of wastewater into the Village's POTW.
VILLAGEThe Village of Endicott, in the county of Broome, State of New York.
WASTEWATERThe liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities and institutions, together with any groundwater, surface water, stormwater or drainage that may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW.
WATERCOURSEA channel in which a natural flow of water occurs, either continuously or intermittently.