This Wastewater Discharge Law sets uniform requirements for discharges into the wastewater collection and treatment system and enables the agency to comply with the administrative provisions of the Grant Regulations, the water quality requirements set by the New York State Department of Environmental Conservation, and the applicable effluent limitations, national standards of performance, toxic and pretreatment effluent standards, and any other discharge criteria which are required or authorized by state or federal law, and to derive the maximum public benefit by regulating the quality and quantity of wastewater discharged into the agency sewer system. This Part 2 provides a means for determining wastewater volumes, constituents, and characteristics, the setting of charges and fees, and the issuance of permits to certain users. Revenues derived from the application of this Part 2 shall be used to defray the agency's cost of operating and maintaining adequate wastewater collection and treatment systems and to provide sufficient funds for capital outlay, bond service costs, capital improvements and depreciation.
A. 
"Shall" is mandatory; "may" is permissive.
B. 
Unless otherwise defined herein, terms shall be as adopted in the most current edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation. Waste constituents and characteristics shall be measured by standard methods unless expressly stated, or as established by federal or state regulatory agencies.
ADMINISTRATOR
The Cortlandville Town Supervisor or his designated representative.
AGENCY
The Town of Cortlandville Water and Sewer Department.
BENEFICIAL USES
Uses of the waters of the state that may be protected against quality degradation, including domestic, municipal, agricultural and industrial supply, power generation, recreation, aesthetic enjoyment, navigation and the preservation and enhancement of fish, wildlife and other aquatic resources or reserves, and other uses, both tangible or intangible, as specified by federal and state law.
BUILDING SEWER
A sewer conveying wastewater from the premises of a user to a community sewer.
COMMUNITY SEWER
A sewer owned and operated by the agency tributary to a treatment facility operated by the agency.
COOLING WATER
The water discharged from any system of condensation, air conditioning, cooling refrigeration or other sources. It shall contain no polluting substances which would produce BOD5 or suspended solids each in excess of 10 milligrams per liter, or of toxic substances as limited in Article III.
FEDERAL ACT
The Federal Water Pollution Act, P.L. 92-500,[1] and any amendments thereto; as well as any guidelines, limitations and standards promulgated by the United States Environmental Protection Agency pursuant to the Act.
GARBAGE
Animal and vegetable wastes from the preparation, cooking and disposing of food; and from the handling, processing, storage and sale of food.
HOLDING TANK WASTE
Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum pump tank trucks.
INDUSTRIAL USER
Any nongovernmental user of publicly owned treatment works identified in any of the following divisions of the Standard Industrial Classification Manual, 1972, Office of Management and Budget:
Division A
Agriculture, Forestry and Fishing
Division B
Mining
Division D
Manufacturing
Division E
Transportation, Communications, Electric, Gas and Sanitary Services
Division I
Services
INDUSTRIAL WASTES
Any liquid, gaseous or solid substances, or a combination thereof, resulting from any process of industry, manufacturing, trade or business, or from development or recovery of natural resources.
INDUSTRY
Any establishment which uses water in a product or generates a wastewater during any period of production.
INFILTRATION
The water entering a sewer system, including sewer service connections, from the ground, through such means as, but not limited to, defective pipes, pipe joints, connections or manhole walls. Infiltration does not include, and is distinguished from, inflow.
INFLOW
The water discharged into a sewer system, including service connections from such sources as but not limited to roof leaders, cellar, yard, and area drains, cooling water discharges, drains from springs and swampy areas, manhole covers, cross connections from storm sewers, catch basins, stormwaters, surface runoff, street wash waters and drainage. Inflow does not include and is distinguished from infiltration.
MAJOR CONTRIBUTING INDUSTRY
Any wastewater contributor identified in the Standard Industrial Classification (SIC) Manual in any of Divisions A, B, D, E and I that:
(1) 
Has a discharge flow of 50,000 gallons or more per average work day (if seasonal, the average shall be computed on the period of use);
(2) 
Has a flow or pollutant loading greater than 5% of the design capacity of the agency's treatment works;
(3) 
Has in its wastes toxic pollutants in toxic amounts as defined in the standards issued under § 307(a) of the Federal Water Pollution Control Act Amendments of 1972; or
(4) 
Is found by the agency's authorized representative to have significant impact, either singly or in combination with other contributing industries, on the treatment works or upon the quality of effluent from the treatment works.
MASS EMISSION RATE
The weight of material discharged to the community sewer system during a given time interval. Unless otherwise specified, a mass emission rate shall mean pounds per day of a particular constituent or combination of constituents.
PERSON
Any individual, firm, company, partnership, association, and private, public, and municipal corporations' responsible corporate officer, the United States of America, the State of New York, districts and all political subdivisions, governmental agencies and mandatories thereof.
POLLUTANTS
May be defined now or hereafter by appropriate local, state or federal authorities, or by the Commissioner, as substances which may be present in wastewater, whether gaseous, liquid or solid, the amount which may contain soluble or insoluble solids of organic or inorganic nature which may deplete the dissolved oxygen content of natural waters, contribute solids, contain oil, grease or floating solids which may cause unsightly appearance on the surface of such waters, or contain material detrimental to aquatic life.
PREMISES
A parcel of real estate or portion thereof, including any improvements thereon, which is determined by the agency to be a single user for purposes of receiving, using and paying for service.
PRETREATMENT
The treatment of wastewaters from sources before introduction into the sewage treatment works.
PRIORITY POLLUTANTS
Any of the contaminants on the USEPA List of 126 Pollutants which are defined as priority pollutants.
PRIVATE SEWER
A sewer either on private property or in a public street which has not yet been constructed by nor is controlled by a public agency.
SANITARY SEWER
A sewer intended to carry only sanitary or sanitary and industrial wastewater from residences, commercial buildings, industrial plants and institutions.
SANITARY WASTE
Wash water, culinary wastes and liquid waste containing only human excreta and similar matter, flowing in or from a building drainage system or sewer originating in a dwelling, business building, factory or institution.
SHREDDED GARBAGE
Garbage shredded to such a degree that all particles will be carried freely under flow conditions normally prevailing in public sewers, with no particle having a dimension greater than 1/2 inch in any direction.
SIGNIFICANT INDUSTRIAL USER
Any nongovernmental user as defined by the Environmental Protection Agency using publicly owned treatment works.
[Added 7-9-2014 by L.L. No. 1-2014]
SIGNIFICANT INDUSTRY
Any wastewater contributor that:
(1) 
Is subject to promulgated Federal Categorical Pretreatment Standards;
(2) 
Has substantial impact, either singularly or in combination with other contributing industries, on the operation of the treatment works;
(3) 
Discharges greater than 50,000 gallons per day (gpd) of wastewater to the community sewer; or
(4) 
Uses more than 10,000 pounds or 1,000 gallons per year of priority pollutants or substances of concern and discharges measurable quantities of these pollutants to the sewer system which can be shown to:
(a) 
Interfere with the operation of the treatment plant;
(b) 
Pass through the treatment plant and pollute the receiving waters;
(c) 
Concentrate in the sludge, thereby limiting opportunities for disposal or reuse; or
(d) 
Pose a hazard to city workers.
(5) 
Industries which are major contributing industries as previously defined.
STORM SEWER
A sewer intended to carry only stormwaters, surface runoff, street wash water and drainage.
SUBSTANCES OF CONCERN
Those substances defined by the NYSDEC as substances of concern in their Industrial Chemicals Survey (ICS) form.
TOXIC SUBSTANCES
Any substance, whether gaseous, liquid or solid, which when discharged to the sewer system in sufficient amounts may tend to interfere with any sewage treatment process, constitute a hazard to recreation in the receiving waters of the effluent from the sewage treatment plant, pose a hazard to men working in the sewer system, or constitute a hazard to fish or animal life.
TREATMENT WORKS
Any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage and/or industrial wastes of a liquid nature or necessary to recycle or reuse water at the most economical cost over the useful life of the works, including interceptor sewers, outfall sewers, sewage collection systems, pumping, power and other equipment and appurtenances; extensions, improvements, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and any works, including site acquisition of the land, that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment; or any other method or system for preventing, abating, reducing, storing, treating, separating, or disposing of municipal waste, including storm runoff, or industrial waste, including waste in combined stormwater and sanitary sewer systems.
UNPOLLUTED WATER
Water to which no constituent has been added, either intentionally or accidentally, which would render such water unacceptable to the agency having jurisdiction thereof for disposal to storm or natural drainages or directly to surface waters.
USER
Any person that discharges, causes or permits the discharge of wastewater into a community sewer.
USER CLASSIFICATION
A classification of user based on flow and chemical constituents.
WASTE
Any substance which contains sewage and any and all other waste materials from habitation, of human or animal origin, or from any producing, manufacturing or processing operations of whatever nature, including such wastes placed within containers of whatever nature prior to, and for purposes of, disposal.
WASTEWATER
Waste and water, whether treated or untreated, discharged into or permitted to enter a community sewer.
WASTEWATER CONSTITUENTS AND CHARACTERISTICS
The individual chemical, physical, bacteriological, and radiological quality (parameters), including volume and flow rate and such other parameters that serve to define, classify, or measure the contents, quality, quantity and strength of wastewater.
WASTEWATER TREATMENT PLANT
Any arrangement of devices and structures or methods used for treating sewage.
WATERS OF THE STATE
Any water, surface or underground, within the boundaries of the State of New York.
[1]
Editor's Note: See 33 U.S.C. § 1251 et seq.