A. 
Unless otherwise stated in the section where the term is used in this chapter, the meanings 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.
B. 
As used in this chapter, the following terms 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 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.
ASTM (DENOTES "AMERICAN SOCIETY FOR TESTING AND MATERIALS")
The latest edition of any ASTM specification, when stipulated in this chapter.
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 originates.
BOD (DENOTES "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 (DENOTES "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 CHARGE (TAP FEE)
The one-time application fee to offset Village 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 will be scaled to the amount of work involved or to the size of the public sewer involved.
CONTROL AUTHORITY
Refers to the approval authority or to the Superintendent when the Village 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 or 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 Village is located.
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.")
DOMESTIC WASTES
See "sewage, domestic."
DRY SEWERS
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.
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 POTW.
END-OF-PIPE CONCENTRATION
The concentration of a substance in a sample of wastewater at end of a pipe.
END-OF-PROCESS CONCENTRATION
See "National Categorical Pretreatment Standard."
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.
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, the handling, storage and sale of produce and 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 distinguished from domestic or residential.
INDUSTRIAL CHEMICAL SURVEY (ICS)
The survey of industries in New York State, initiated by the New York State Department of Environmental Conservation, to determine chemical usage and storage by those industries.
INDUSTRIAL USER
See "user, industrial."
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, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal and which, therefore, is a cause of a violation of any requirement of the POTW's NPDES 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.
(5) 
The Marine Protection Research and Sanctuaries Act.
LATERAL, BUILDING
The sewer extension from the building drain to the street lateral or other place of wastewater disposal.
LATERAL, STREET
The sewer extension from the public sewer to the property line.
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 (see "end of process").
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT
A permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342).
NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE STANDARD
Any regulation developed under the authority of Section 307(B) of the Act and 40 CFR 403.5.
NATURAL OUTLET
Any outlet, including storm sewers and combined sewer overflows, to the state's waters.
NEW OWNER
That individual or entity who purchased property within the service area of the Village after the effective date of this chapter.
NEW SOURCE
Any source, the construction of which is commenced after the publication of 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 POTW who commences discharge after the effective date of this chapter.
NORMAL SEWAGE
See "sewage, normal."
NUISANCE
The use or lack of use of the POTW in such a manner so as to endanger life or health or 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 or who inherited the property at any time and who 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 POTW into 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 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.
PHOSPHORUS, TOTAL
See "total phosphorus."
POLLUTANT
Any material placed into or onto the state's waters, lands and/or airs which interferes with the beneficial use of that waters, lands and/or airs 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.
PRETREATMENT STANDARD OR NATIONAL PRETREATMENT STANDARD
Any categorical standard or prohibitive discharge standard.
PRIORITY POLLUTANTS
The most recently revised or updated list, developed by the EPA, in accordance with the Act.
PROHIBITIVE DISCHARGE STANDARD
See "national prohibitive discharge standard."
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 Village. 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.
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.
SCAVENGER WASTES
See "septage."
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 POTW
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 Village Board.
SEWAGE
A combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments and such ground-, surface and storm water 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 (see "sewage, sanitary").
SEWAGE, NORMAL
(1) 
Sewage, industrial wastes or other wastes which show, by analysis, the following characteristics:
(a) 
BOD (five-day): 2,090 pounds per million gallons (250 milligrams per liter) or less.
(b) 
Suspended solids: 2,500 pounds per million gallons (300 milligrams per liter) or less.
(c) 
Phosphorus: 125 pounds per million gallons (15 milligrams per liter) or less.
(d) 
Ammonia: 250 pounds per million gallons (30 milligrams per liter) or less.
(e) 
Total Kjeldahl nitrogen: 417 pounds per million (50 milligrams per liter) or less.
(f) 
Chlorine demand: 209 pounds per million gallons (25 milligrams per liter) or less.
(g) 
Chemical oxygen demand: 2,920 pounds per million gallons (350 milligrams per liter) or less.
(h) 
Oil and grease: 830 pounds per million gallons (100 milligrams per liter) or less.
(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 and surface water and industrial and other wastes (see "domestic wastes").
SEWAGE TREATMENT PLANT (WATER POLLUTION CONTROL PLANT)
See "POTW treatment plant."
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").
SEWERAGE SYSTEM (also "POTW")
All facilities for collecting, regulating, pumping and transporting wastewater to and away from the POTW treatment plant.
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 Village.
SEWER, SANITARY
A sewer which carries sewage and to which storm-, surface and ground waters 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 INDUSTRIAL USER
See "user, significant industrial."
SLUG
A substantial deviation from normal rates of discharge or constituent concentration (see "sewage, normal") sufficient to cause interference. In any event, a discharge which, in concentration of any constituent or in quantity of flow, that 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; any other procedure approved by the Administrator; or any other procedure approved by the Superintendent, whichever is the most conservative. (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.)
STATE
The State of New York.
STATE'S WATERS
See "waters of the state."
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.
SUPERINTENDENT
The Village Engineer of the Village of Fishkill or his/her duly authorized deputy or agent.
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.
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 or 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 the Clean Water Act 307(A) or other Acts.
USER
Any person who contributes, causes or permits the contribution of wastewater into the POTW.
USER, EXISTING
A discharger to the POTW who is discharging on or before the effective date of this chapter.
USER, INDUSTRIAL
A discharger to the POTW who discharges nondomestic wastewaters.
USER, NEW
A discharger to the POTW who initiates discharge after the effective date of this chapter.
USER, SIGNIFICANT INDUSTRIAL (SIU)
(1) 
An industrial user of the Village POTW who is:
(a) 
Subject to National Categorical Pretreatment Standards promulgated by the EPA.
(b) 
Having substantial impact, either singly or in combination with other industries, on the operation of the treatment works.
(c) 
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.
(d) 
Discharging more than 5% of the flow or load of conventional pollutants received by the POTW treatment plant.
(2) 
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 from all users is not detectable.
VILLAGE
The Village of Fishkill, as incorporated on May 21, 1899.
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 POTW (there may be surcharges, as provided for in Article XII). 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 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 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 groundwater, surface water and stormwater that may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW.
WASTEWATER DISCHARGE PERMIT
A permit as set forth in Article X of this chapter.
WASTEWATER, UNUSUAL STRENGTH OR CHARACTER
Sewage of unusual strength or character.
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.
The following abbreviations shall have the designated meanings:
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
COD
Chemical oxygen demand
CPLR
Code of Public Law and Rules
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
POTW
Publicly owned treatment works
ppm
Parts per million, weight basis
psi
Pounds per square inch
SIC
Standard Industrial Classification
SPDES
State Pollutant Discharge Elimination System
SWDA
Solid Waste Disposal Act, 42 W.S.C. 690 L et seq.
U.S.C.
United States 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.