Definitions. Unless the context specifically indicates
otherwise, the following terms and phrases, as used in this chapter, shall
have the meanings hereinafter designated:
ACT
The Federal Water Pollution Control Act, also known as the "Clean
Water Act," as amended, 33 U.S.C. § 1251 et seq., and the regulations
promulgated thereunder, as amended from time to time.
APPROVAL AUTHORITY
The Regional Administrator of the EPA, unless and until New York
State receives EPA approval of a state pretreatment program. Once New York
State receives such approval, then the Approval Authority will be the Commissioner
of the DEC.
AUTHORIZED REPRESENTATIVE
An authorized representative of an Industrial User shall be:
(1)
A responsible corporate officer, if the User is a corporation, provided
that the responsible corporate officer is:
(a)
A president, vice president, secretary, or treasurer of the corporation
in charge of a principal business function;
(b)
Any other person who performs similar policy- or decisionmaking functions
for the corporation; or
(c)
The manager of a facility or facilities employing more than 250 persons
or having gross annual sales or expenditures exceeding $25 million (in second-quarter
1980 dollars), provided that the manager has received the authority to sign
documents in accordance with corporate procedures;
(2)
A general partner or proprietor, if the User is a partnership or sole
proprietorship, respectively;
(3)
A member of the governing board or executive office of a governmental
entity, if the User is a governmental facility; or
(4)
A duly authorized representative of the individual designated above
if such representative is responsible for the overall operation of the facility
from which the industrial discharge originates, or has overall responsibility
for environmental matters for the company; provided, however, that the authorization
is made in writing by the individual described above, and the written authorization
is submitted to the Chief Operator.
BYPASS
The intentional diversion of waste streams from any portion of an
Industrial User's treatment facility.
CATEGORICAL PRETREATMENT STANDARD
A National Pretreatment Standard which applies to a specific industrial
subcategory and is published at 40 CFR Chapter I, Subchapter N.
CFR
Code of Federal Regulations.
CHIEF OPERATOR
The person appointed by the City of Ithaca and approved by the Special
Joint Subcommittee to supervise the operation of the POTW, or his or her duly
authorized representative, including the Pretreatment Coordinator. The Chief
Operator or his or her representative shall be the Special Joint Subcommittee's
authorized agent and representative in the administration and enforcement
of this chapter.
COOLING WATER
The water discharged from any use, such as air conditioning, cooling,
or refrigeration, to which the only pollutant added is heat.
DEC
The New York State Department of Environmental Conservation.
DIRECT DISCHARGE
The discharge of treated or untreated wastewater directly to the
waters of the State of New York or of the United States.
DOMESTIC SOURCE
Any residence, building, structure, facility, or installation from
which there is or may be discharged to the POTW only sanitary sewage.
EPA
The United States Environmental Protection Agency.
FIVE-DAY BIOCHEMICAL OXYGEN DEMAND ("BOD5")
The quantity of oxygen utilized in the biochemical oxidation of organic
matter under standard laboratory procedure for five days at 20º centigrade,
expressed in terms of weight and concentration [milligrams per liter (mg/l)].
GARBAGE
The solid waste from the preparation, cooking, and dispensing of
food, and from the handling, storage, and sale of produce.
INDIRECT DISCHARGE
The introduction of pollutants into the POTW from any source, other
than a Domestic Source, regulated under Section 307(b), (c), or (d) of the
Act.
INDUSTRIAL WASTE
Any liquid, gaseous, or solid waste substance, or a combination thereof,
resulting from any process of industry, manufacturing, trade, or business,
from any process related to services or activities performed by any public
or private institution or facility, or from the development or recovery of
any natural resources.
INTERFERENCE
A discharge which, alone or in conjunction with a discharge or discharges
from other sources, inhibits or disrupts the POTW, its treatment processes
or operations, or its sludge processes, use or disposal and which 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 applicable
federal, state, or local statutes and regulations or permits issued thereunder,
as set forth in 40 CFR 403.3(i).
MUNICIPALITIES
The City of Ithaca, Town of Ithaca, and Town of Dryden, collectively,
as well as any other municipalities which may in the future become owners
of the Ithaca Area Wastewater Treatment Facility. "Municipality" used in the
singular form shall mean any one of the municipalities.
NATIONAL PRETREATMENT STANDARD, PRETREATMENT STANDARD, or STANDARD
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with Sections 307(b) and (c) of the Act which applies
to Industrial Users, including prohibitive discharge limits established pursuant
to 40 CFR 403.5, and Categorical Pretreatment Standards.
NEW SOURCE
Any building, structure, facility, or installation, as described
in 40 CFR 403.3(k), from which there is or may be a discharge of pollutants,
the construction of which commenced after the publication of proposed Pretreatment
Standards under Section 307(c) of the Act which will be applicable to such
source if such standards are thereafter promulgated in accordance with that
section.
PASS-THROUGH
A discharge which exits the POTW into waters of New York State or
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).
PERSON
Any individual, partnership, firm, company, public or private corporation
or authority, association, joint-stock company, trust, estate, governmental
entity, agency or political-subdivision of a municipality, of the State of
New York, or of the United States, or any other legal entity, or their legal
representatives, agents, or assigns. The masculine gender shall include the
feminine, and the singular shall include the plural where indicated by the
context.
pH
The logarithm (base 10) of the reciprocal of the concentration of
hydrogen ions expressed in grams per liter of solution.
POLLUTANT
Any element or property of sewage, agricultural, industrial, commercial
or municipal waste, leachate, heated effluent, dredged spoil, solid waste,
incinerator residue, garbage, chemical wastes, biological materials, radioactive
materials, rock, sand, and cellar dirt which is discharged into the POTW.
POTW TREATMENT PLANT
That portion of the POTW designed to provide treatment (including
recycling and reclamation) of municipal sewage and industrial waste.
PRETREATMENT
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 POTW. The reduction or alteration can be obtained
by physical, chemical or biological processes, process changes, or other means,
except as prohibited by 40 CFR 403.6(d).
PRETREATMENT REQUIREMENT
Any substantive or procedural requirement related to Pretreatment,
other than a National Pretreatment Standard, imposed on an Industrial User.
[Amended 9-8-1998 by L.L.
No. 11-1998]
PUBLICLY OWNED TREATMENT WORKS or POTW
The treatment works, as defined by Section 212 of the Act, owned
by the municipalities and known as the Ithaca Area Wastewater Treatment Facility.
This definition includes any devices and systems used in the storage, treatment,
recycling, and reclamation of municipal sewage or industrial wastes of a liquid
nature. It also includes those sewers, pipes, and other conveyances which
convey wastewater to the POTW's treatment plant. For the purposes of this
chapter, POTW shall also include any sewers and other facilities that convey
wastewater to the POTW treatment plant from persons who are, by permit, resolution,
contract, or agreement with the municipalities, Special Joint Subcommittee,
or POTW, Users of the POTW.
SANITARY SEWAGE
Liquid and water-carried human and domestic wastes from residences,
commercial buildings, industrial plants and institutions, exclusive of ground-,
storm- and surface water and exclusive of industrial wastes.
SANITARY SEWER
A sewer that carries liquid and water-carried wastes from residences,
commercial buildings, industrial plants and institutions together with minor
quantities of ground-, storm-, and surface waters that are not admitted intentionally.
SEPTAGE
All liquids and solids in and removed from septic tanks, holding
tanks, cesspools, or chemical toilets, including but not limited to those
serving private residences, commercial establishments, industries, and institutions.
Septage shall not contain pollutants which the Chief Operator determines may
cause problems at the POTW.
SEWER
A pipe or conduit that carries wastewater.
SEWERAGE SYSTEM
Any device, equipment, or works used in the transportation, pumping,
storage, treatment, recycling, and reclamation of wastewater.
SIGNIFICANT INDUSTRIAL USER
All Industrial Users subject to Categorical Pretreatment Standards,
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 and boiler blowdown wastewater); contributes a process waste stream
which makes up 5% or more of the average dry weather hydraulic or organic
capacity of the POTW treatment plant; or is designated as such by the Chief
Operator 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. Upon a finding that an Industrial User meeting the
foregoing criteria has no reasonable potential for violating any Pretreatment
Standard or Requirement or for adversely affecting the POTW's operation, the
Chief Operator may at any time, upon his or her own initiative or in response
to a petition received from an Industrial User, and in accordance with 40
CFR 403.8(f)(6), determine that such Industrial User is not a significant
Industrial User. Such a determination may not be made, however, if the Industrial
User is subject to a Categorical Pretreatment Standard.
SLUDGE
Waste containing varying amounts of solid contaminants removed from
water, sanitary sewage, wastewater or industrial wastes by physical, chemical,
or biological treatment.
SLUG
Any discharge of a nonroutine, episodic nature, including, but not
limited to, an accidental spill or noncustomary batch discharge.
SPDES PERMIT
A State Pollutant Discharge Elimination System permit issued pursuant
to Section 402 of the Act, 33 U.S.C. § 1342, and Article 17 of the
New York Environmental Conservation Law.
SPECIAL JOINT SUBCOMMITTEE
A subcommittee of the City of Ithaca's Board of Public Works which
is charged with oversight of the POTW, as provided for by agreement among
the City of Ithaca and Towns of Ithaca and Dryden. This subcommittee currently
consists of representatives from the City of Ithaca and Towns of Ithaca and
Dryden, and may in the future include representatives from other municipalities
which become joint owners of the POTW.
SUSPENDED SOLIDS
The total suspended matter that floats on the surface of, or is suspended
in, water, wastewater or other liquids, and which is removable by laboratory
filtering in accordance with the current Standard Methods.
TOXIC POLLUTANT
Any pollutant or combination of pollutants listed as toxic in regulations
promulgated by EPA under Section 307(a) of the Act, or other Acts, or in regulations
promulgated under New York State law.
USER
Any Domestic Source or Industrial User which discharges wastewater
to the POTW.
WASTEWATER
The liquid and water-carried industrial, non-domestic or domestic
wastes, including sewage, industrial waste, other wastes, or any combination
thereof, from dwellings, commercial buildings, industrial facilities, and
institutions, together with any groundwater, surface water, and stormwater
that may be present, whether treated or untreated, which is discharged into
the POTW.
WATERS OF THE STATE
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, border
upon, or are within the jurisdiction of the state.