Town of Batavia, NY General Provisions

Words used in the present tense include the future, words in the masculine gender include the feminine and neuter, the singular number includes the plural, and the plural the singular. "Shall" is mandatory; "may" is permissive.

Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows:

ACT or THE ACT

The Federal Water Pollution Control Act and amendments thereto, also known as the "Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.

APPROVAL AUTHORITY

EPA and/or DEC.

ASTM

The American Society for Testing and Materials.

AUTHORIZED REPRESENTATIVE

The owner in the case of a sole proprietorship, a partner in the case of a partnership or the president or other officer so designated by resolution in the case of a corporation.

BOD (DENOTING "BIOCHEMICAL OXYGEN DEMAND")

The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20° C., expressed in milligrams per liter.

BPDES

Town of Batavia Pollution Discharge Elimination System.

BUILDING DRAIN

That part of the lowest horizontal piping of a 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 (1.5 meters) outside the inner face of the building wall.

BUILDING SEWER

The extension from the building drain to the public sanitary sewer or other place of disposal.

CHLORINE DEMAND

The difference between the amount of chlorine added to water, wastewater or industrial wastes and the amount of residual chlorine remaining at the end of a fifteen-minute contact period.

CITY

City of Batavia, Genesee County, New York.

CITY COUNCIL

The City Council of the City of Batavia, Genesee County, New York.

COMMERCIAL USER

Any nonresidential user not within the definition of an industrial user.

COMPATIBLE POLLUTANT

Biochemical oxygen demand (BOD), total suspended solids (TSS), pH, fecal coliform bacteria, chlorine demand, phosphorus and phosphorus compounds, fats, oils and greases of animal or vegetable origin, nitrogen and nitrogen compounds, if the wastewater treatment system was designed to treat such pollutants and removes such pollutants to a substantial degree, except as prohibited herein or identified in the city's SPDES permit.

COMPOSITE SAMPLE

A sample consisting of several effluent portions collected during a specified time period and combined to make a representative sample.

CONNECTION

The physical tie-in of the building sewer or sewer extension to the public sanitary sewer.

COOLING WATER

The water discharged from any use such as air conditioning, cooling, or refrigeration during which the only pollutant added to the water is heat.

DEC

The New York State Department of Environmental Conservation.

DEPARTMENT OF WATER AND SEWAGE

The Town of Batavia Water/Wastewater Maintenance Supervisor.

DIRECTOR

The Water/Wastewater Maintenance Supervisor as designated by the Town Board or his duly authorized agent or representative.

DISTRICT or SEWER DISTRICT

Any Town of Batavia sewer district.

DOMESTIC WASTES

The wastewater from the noncommercial preparation, cooking and handling of food or containing human excrement and similar matter from the sanitary conveniences of dwellings, commercial dwellings, commercial buildings, industrial facilities, and institutions.

EASEMENT

An acquired legal right for the specific use of land owned by others.

EPA

The United States Environmental Protection Agency.

FLOW RATE

The quantity of waste or liquid that flows in a certain period of time.

FLOW VOLUME

The quantity of wastes or liquid.

GARBAGE

Solid wastes from the domestic and commercial preparation, cooking and dispensing of food and from the handling, storage and sale of food.

INCOMPATIBLE POLLUTANT

Any pollutant which is not a compatible pollutant.

INDUSTRIAL USER

Any user of the publicly owned wastewater treatment system that:

(1)

Is identified in Division A, B, D, E or I of the Federal Standard Industrial Classification Manual;

(2)

Discharges toxic or poisonous substances or any substance(s) which either singularly or in combination with other contributory users causes interference in the wastewater treatment system;

(3)

Has in its wastewater any of the prohibited substances or characteristics described in Article IV, § 191-16, Prohibited wastewater discharges; or

(4)

Has in its wastewater any concentrations or characteristics in excess of those stipulated in Article IV, § 191-17, Limitations on wastewater discharges.

INDUSTRIAL WASTES

The wastewater resulting from the processes employed in industrial, manufacturing, trade or business establishments as distinct from domestic wastes.

INTERFERENCE

Inhibition or disruption of the performance or operation of the wastewater treatment system which contributes to a violation of the SPDES or the applicable discharge permits or conditions.

MASS EMISSION RATE

The weight of material discharged to the wastewater treatment system during a given time interval. Unless otherwise specified, the mass emission rate shall mean pounds per day of a particular constituent or combination of constituents.

mg/l

Milligrams per liter.

NATURAL OUTLET

Any outlet into a watercourse, pond, ditch, lake or any other body of surface or ground water.

OWNER

A person having legal title to real property.

PERSON

Any and all persons, individual, firm, company, association, society, municipal or private corporation, group, institution, enterprise, governmental agency or other entity.

The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

POLLUTANT

Any waste, impurity, or other additive, such as heat or radioactivity, that changes the quality and character of water delivered to the user by the public water supply system or the user's private well supply. Private well supplies may also contain pollutants inherent in the groundwater supply.

PRETREATMENT

The application of physical, chemical and/or biological processes to reduce the amount of pollutants in or alter the nature of the pollutant properties in a wastewater prior to discharging such wastewater into the wastewater treatment system.

PRETREATMENT STANDARDS

All applicable federal rules and regulations implementing the Act, including any amendments thereto, as well as any nonconflicting state or local standards. In cases of conflicting standards or regulations, the more stringent thereof shall be applied. The Department of Water and Sewage recognizes that in some cases these pretreatment standards may not be sufficient to protect the operation of the wastewater treatment system, or make it unable to comply with the terms of the SPDES permit. In such cases, the Department of Water and Sewage reserves the right to impose more stringent pretreatment standards than those specified in the EPA regulations.

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, with no particle greater than 1/2 inch (1.27 centimeters) in any dimension.

PUBLICLY OWNED TREATMENT WORKS or POTW

A treatment works as defined by Section 212 of the Act (33 U.S.C. § 1292) which is owned in this instance by a Town sewer district or the city. This definition includes any sewers that convey wastewater to the POTW treatment plant but does not include pipes, sewers or other conveyances not connected to a facility providing treatment.

PUBLICLY OWNED TREATMENT WORKS TREATMENT PLANT or POTW TREATMENT PLANT

That portion of the POTW which is designed to provide treatment (including recycling and reclamation) of municipal sewage and industrial waste.

PUBLIC SEWER

A common sewer controlled by a governmental agency or public utility. It may be a sanitary or storm sewer.

RESIDENTIAL USER

A user who introduces wastewater into the wastewater treatment system from premises used only for human residence.

SANITARY SEWER

A sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions.

SERVICE CHARGE

The basic assessment levied on all users of the public sewer system whose wastes do not exceed in strength the concentration values established as representative of normal sewage.

SEWER

A pipe or conduit that carries wastewater, stormwater or drainage water.

SIGNIFICANT INDUSTRIAL USER or SIU

(1)

All industrial users subject to categorical pretreatment standards; and

(2)

Any other industrial user that:

(a)

Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown water);

(b)

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

(c)

Is designated as such by the Department of Water and Sewage 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.

(3)

Upon a finding that an industrial user meeting the above criteria has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the Department of Water and Sewage may at any time, on its own initiative or in response to a petition received from an industrial user, and in accordance with current regulations, determine that such industrial user is not a significant industrial user.

SIGNIFICANT NONCOMPLIANCE

An industry is in significant noncompliance if its violation meets one or more of the following criteria:

(1)

Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all of the measurements taken during a six-month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter;

(2)

Technical review criteria (TRC) violations, defined here as those in which 33% or more of all measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC equals 1.4 for BOD, TSS, fats, oil, and grease and 1.2 for all other pollutants except pH);

(3)

Any other violations of a pretreatment effluent limit (daily maximum or longer term average) that the control authority determines has caused, alone or in combination with other discharges, interference or pass-through (including endangering the health of POTW personnel or the general public);

(4)

Any discharge of a pollutant that has caused imminent endangerment to human health, welfare, or to the environment or has resulted in the POTW's exercise of its emergency authority under § 191-28 and the legislative intent of this chapter to halt or prevent such a discharge;

(5)

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;

(6)

Failure to provide, within 30 days after the due date, required reports such as baseline monitoring reports, ninety-day compliance reports, and periodic self-monitoring reports; and

(7)

Any other violation or group of violations which the control authority determines will adversely affect the operation or implementation of the local pretreatment program.

SLUG

Any discharge of water, wastewater, or industrial waste which in concentration of any given 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 flows during normal operation.

SPDES

The New York State Pollutant Discharge Elimination System as set forth in the Environmental Conservation Law, Article 17, Titles 7 and 8.

STANDARD METHODS

The examination and analytical procedures set forth in the most recent edition of Standard Methods for the Examination of Water and Wastewater, published jointly by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation.

STORM DRAIN or STORM SEWER

A drain or sewer for conveying water, groundwater, subsurface water, or unpolluted water from any source.

STORMWATER

Any flow originating from or resulting from any form of natural precipitation. This flow can occur during, immediately following or substantially after (such as snow melt) the precipitation event.

SURCHARGE

The assessment in addition to the service charge which is levied on those persons whose wastes are greater in strength than the concentration values established as representative of normal sewage.

SUSPENDED SOLIDS

Total suspended matter that either floats on the surface of, or is in suspension in, water, wastewater, or other liquids and that is removable by laboratory filtering as prescribed in Standard Methods for the Examination of Water and Wastewater and referred to as "nonfilterable residue."

TOWN

The Town of Batavia, Genesee County, New York.

TOWN BOARD

The Town Board of the Town of Batavia, Genesee County, New York.

TOXIC SUBSTANCE

Any substance, whether gaseous, liquid or solid, which constitutes a hazard to human beings or animal or plant life or inhibits aquatic life or creates a hazard to recreation in the receiving waters of the effluent from a wastewater treatment plant. See § 191-16B, Toxic substances.

UNPOLLUTED WATER

Water not containing any pollutants limited or prohibited by this chapter and/or the effluent standards in effect, or water whose discharge will not cause any violation of receiving water quality standards.

USER

Any person that discharges, causes or permits the discharge of wastewater into the Town's wastewater treatment system.

WASTE

Includes wastewater and any and all other impurities or waste substances, liquid, solid, gaseous, heat or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing, or processing operation of whatever nature, including such waste placed within containers of whatever nature prior to, and for purposes of, disposal.

WASTEWATER (sometimes referred to as "sewage")

The liquid and water-carried industrial or domestic waste 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 or permitted to enter the Town wastewater treatment system.

WASTEWATER CONSTITUENTS AND CHARACTERISTICS

The individual chemical, physical, bacteriological and radiological 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 SYSTEM (used interchangeably with "potw")

Any devices, facilities, structures, equipment or works owned by the Town or City of Batavia for the purpose of the transmission, storage, treatment, recycling, and reclamation of industrial and domestic wastes, or necessary to recycle or reuse water at the most economical cost over the estimated life of the system, including intercepting sewers, outfall sewers, wastewater collection systems, pumping, power, and other equipment, and their 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.

WASTEWATER TREATMENT WORKS

An arrangement of devices and structures for treating wastewater, industrial wastes and sludge. Sometimes used as synonymous with "waste treatment plant" or "wastewater treatment plant" or "water pollution control plant" or "POTW treatment plant."

WATERCOURSE

A channel in which a flow of water occurs, either continuously or intermittently.

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, or border upon the state or any portion thereof.

WPCF

The Water Pollution Control Federation.

Terms not otherwise defined herein shall be as adopted in the latest edition of "Glossary - Water and Wastewater Control Engineering," published by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation.