Unless otherwise stated in the section where the term is used
in this chapter, the meaning 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.
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.
The Regional Administrator of the United States Environmental
Protection Agency (USEPA), Region 2.
The result obtained, using an approved laboratory procedure,
to determine the quantity of ammonia in a sample, expressed as milligrams
of nitrogen per liter.
That person who makes application for any sewer use or discharge
permit. The applicant may be an owner, new or old, or his agent.
The New York State Department of Environmental Conservation
(NYSDEC).
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.
The latest edition of any ASTM specification, when stipulated
in this chapter.
A principal executive officer of at least the level of Vice
President, if the industrial user is a corporation.
A general partner or proprietor, if the industrial user is a
partnership or proprietorship, respectively.
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.
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.
Any person who undertakes to construct a building or any
part of a building, either under contract or for resale.
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.
See "user, categorical industrial."
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.
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.
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.
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.
Attachment of one user to a sewer. (See "extension.")
The one-time application fee to offset 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 may be scaled to the amount
of work involved or to the size of the public sewer involved.
Shall refer to the "Approval Authority" or to the "Superintendent."
A sewer manhole, vault or other structure, acceptable and
accessible to the control authority and situated and designed for
the purposes of flow measurement and sampling, such that flow measurements
and samples taken from same are representative of the discharge to
the POTW.
A pollutant that the POTW treatment plant was designed to
treat, defined in accordance with the Act.
The water discharged from any system of condensation, 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.
The county in which the POTW is located.
Any person who subdivides land for the purpose of constructing,
or causing to be constructed, buildings for which wastewater disposal
facilities are required.
The discharge of treated or untreated wastewater directly
to the waters of the State of New York. (For reference, see "indirect
discharge.")
See "sewage, domestic."
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.
An acquired legal right for the specific use of land owned
by others.
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.
The concentration of a substance in a sample of wastewater
at end of pipe.
See "National Categorical Pretreatment Standard."
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.
A unit of measure by which user charges for sewer services
provided to various property types within a definable service area
may be calculated and imposed upon each improved property served by
the POTW, as determined in accordance with the schedules contained
in the applicable rate resolution or any subsequent rate resolutions
of the municipality, from time to time. For example a single-family
residence may be assigned a unit value of 1.0 and a two-family residence
a value of 2.0. The total costs to be recouped in this manner are
then generally divided over the total EDU count in the service area
to arrive at the unit cost per EDU.
Attachment of a sewer line, with more than one user, to an
existing sewer line.
All buildings, other structures, grounds and contiguous property
at any locations related to or connected with a user at the user's
location.
Oil, grease or fat in a physical state such that it will
separate by gravity from wastewater by treatment in a wastewater treatment
facility.
The quantity of liquid or waste that flows in a certain period
of time.
The solid wastes from the preparation, cooking and dispensing
of food from the handling, storage and sale of produce and from the
packaging and canning of food.
A single sample of wastewater representing the physical,
chemical and biological characteristics of the wastewater at one point
and time.
Water treatment device for the removal and retention of grease,
oils, fats, sand, grit and similar substances in sewage.
The form used by the NYSDEC or the Sewer Board or the Superintendent
to survey industries to update the industrial chemical survey.
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.")
Industry, manufacturing, commerce, trade, business or institution,
and is distinguished from domestic or residential.
The survey of industries in New York State, initiated by
the NYSDEC, to determine chemical usage and storage by those industries.
See "user, industrial."
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.
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.
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.
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, therefore;
Is a cause of a violation of any requirement of the Village
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):
Section 405 of the Clean Water Act;
The Solid Waste Disposal Act (SWDA)[1] (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 or the SWDA);
The Clean Air Act;
The Toxic Substance Control Act;[2] and
The Marine Protection Research and Sanctuaries Act.
The Joint Sewer Board of the Villages of Fonda and Fultonville
as established by agreement. Also referred to as "Sewer Board."
The sewer extension from the building drain to the street
lateral or other place of wastewater disposal.
The sewer extension from the public sewer to the property
line.
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with § 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 ("end of process").
A permit issued pursuant to § 402 of the Act (33
U.S.C. § 1342).
Any regulation developed under the authority of § 307(B)
of the Act, and 40 CFR 403.5.
Any outlet, including storm sewers and combined sewer overflows,
to state's waters.
That individual or entity who purchased property within the
service area of the POTW after the effective date of this chapter.
Any source, the construction of which is commenced after
the publication of the proposed regulation prescribing a § 307(C)
(33 U.S.C. § 1317) categorical pretreatment standard which
will be applicable to such source, if such standard is thereafter
promulgated.
A discharger to the POTW who commences discharge after the
effective date of this chapter.
See "sewage, normal."
The use or lack of use of the POTW in such a manner so as
to endanger life or health, give offense to the senses or obstruct
or otherwise interfere with the reasonable use or maintenance of the
POTW.
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.
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 intends
to sell the property, or has sold the property to a new owner, also
the agent of the old owner.
Garbage (shredded or unshredded), refuse, wood, eggshells,
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.
The discharge which exits the Village POTW into waters of
the state in quantities 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).
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.
Any individual, public or private corporation, political
subdivision, federal, state or local agency or entity, association,
trust, estate or any other legal entity whatsoever.
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.
See "total phosphorus."
Any material placed into or onto the state's waters, lands
and/or airs, which interferes with the beneficial use of that water,
land and/or air by any living thing at any time.
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.
That portion of the POTW designed to provide treatment to
wastewater and to treat sludge and residuals derived from such 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).
Any substantive or procedural requirement related to pretreatment,
other than a National Pretreatment Standard imposed on an industrial
user.
Any categorical standard or prohibitive discharge standard.
The most recently revised or updated list, developed by the
EPA, in accordance with the Act.
See "national prohibitive discharge standard."
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.
A treatment works, as defined by § 212 of the Act
(33 U.S.C. § 1292), that in this instance is owned jointly
by the Village of Fonda and/or the Village of Fultonville. 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.
A natural watercourse or body of water (usually waters of
the state) into which treated or untreated sewage is discharged.
Includes, but is not limited to, any printed, typewritten,
handwritten or otherwise recorded matter of whatever character (including
paper or electronic media), including, but not limited to, letters,
files, memoranda, directives, notes and notebooks, correspondence,
descriptions, telephone call slips, photographs, permits, applications,
reports, compilations, films, graphs and inspection reports. For the
purposes of this chapter, "records" shall mean records of and relating
to waste generation, reuse and disposal and shall include records
of usage of raw materials.
A drain installed to receive water collecting on the surface
of a roof for disposal.
All 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. Septage shall not have been contaminated with substances of
concern or priority pollutants.
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.
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
only by action or agreement of the Sewer Board.
A combination of the water-carried wastes from residences,
business buildings, institutions and industrial establishments, and
such groundwater, surface water and stormwater 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.
See "POTW treatment plant."
Sewage whose concentration of one or more defined pollutant
characteristics of normal sewage exceeds the maximum concentrations
defined for the characteristics of normal sewage. See "sewage, normal."
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. Therefore, domestic
sewage includes both black water and gray water. (See "sewage, sanitary.")
Sewage, industrial wastes or other wastes, which show, by analysis,
conformance with each of the following criteria:
BOD (five-day): 2,085 pounds per million gallons (250 milligrams
per liter) or less.
Suspended solids: 2,500 pounds per million gallons (300 milligrams
per liter) or less.
Phosphorus: 125 pounds per million gallons (15 milligrams per
liter) or less.
Ammonia: 250 pounds per million gallons (30 milligrams per liter)
or less.
Total Kjeldahl nitrogen: 415 pounds per million (50 milligrams
per liter) or less.
Chlorine demand: 210 pounds per million gallons (25 milligrams
per liter) or less.
Chemical oxygen demand: 2,920 pounds per million gallons (350
milligrams per liter) or less.
Oil and grease: 835 pounds per million gallons (100 milligrams
per liter) or less.
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.
Liquid wastes from the sanitary conveniences of dwellings
(including apartment houses and hotels), office buildings, factories
or institutions, and free from stormwater, surface water, industrial
and other wastes. (See "domestic wastes.")
Sewage which has characteristics greater than those of normal
sewage and/or which contains substances of concern.
A pipe or conduit for carrying or transporting sewage.
A sewer designed to receive and transport both surface runoff
and sewage.
A sewer in which all abutting property owners have equal
rights, and the use of which is controlled by the Village.
A sewer which carries sewage and to which stormwater, surface
water and groundwaters are not intentionally admitted.
A sewer which carries stormwater and surface waters and drainage,
but excludes sewage and industrial wastewaters, other than cooling
waters and other unpolluted waters.
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.")
All facilities for collecting, regulating, pumping and transporting
wastewater to and away from the POTW treatment plant.
See "user, significant industrial."
A user is in significant noncompliance if its violation(s)
meet(s) one or more of the following criteria:
Chronic violations of wastewater discharge limits, defined here
as those in 66% or more of all of the measurements taken during a
six-month period which exceed (by any magnitude) the daily maximum
limit or average limit for the same pollutant parameter.
Technical review criteria (TRC) violations, defined here as
those in which 33% or more of all of the measurements for each pollutant
parameter taken during a six-month period which equal or exceed the
product of the daily maximum limits multiplied by the applicable TRC
(TRC = 1.4 for BOD, TSS, fats, oil and grease; TRC = 1.2 for all other
pollutants).
Any other violation of a pretreatment effluent limit (daily
maximum or long-term average) that the Superintendent 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).
Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the Superintendent's exercise of its emergency authority under Article XI of this chapter.
Failure to meet, within 90 days after the schedule date, a compliance
schedule milestone contained in a local control mechanism or enforcement
order for starting construction; completing construction or attaining
final compliance.
Failure to provide, within 30 days after the due date, required
reports such as baseline monitoring reports, ninety-day compliance
reports, periodic self-monitoring reports, and reports on compliance
with compliance schedules.
Failure to report accurately any noncompliance.
Any other violation which the Superintendent determines will
adversely affect the implementation or operation of the local pretreatment
program.
A substantial deviation from normal rates of discharge or
constituent concentration (see "normal sewage") 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.
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.
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 § 304(G) of the Act and contained in 40 CFR
136, and amendments thereto (if 40 CFR 136 does not include a sampling
or analytical technique for the pollutant in question, then procedures
set forth in EPA publication, Sampling and Analysis Procedures for
Screening of Industrial Effluents for Priority Pollutants, April 1977,
and amendments thereto, shall be used); any other procedure approved
by the Administrator; or any other procedure approved by the Superintendent,
whichever is the most conservative.
State of New York.
See "waters of the state."
Any flow occurring during or following any form of natural
precipitation; also the flow resulting therefrom.
Those compounds which the New York State Department of Environmental
Conservation has determined may be harmful to man or the environment.
A mechanism used for removing water from a sump or wet well.
That individual nominated and confirmed by the Fonda Fultonville
Joint Sewer Board as the Superintendent and qualified to oversee POTW
operations. This definition shall also include the individual's authorized
deputy, agent or representative.
The result obtained, using an approved laboratory procedure,
to determine the dry weight of solids, in a sample, that either floats
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.
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.
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.
For the purposes of this chapter this term refers to either
the Town of Glen or the Town of Mohawk, or their duly authorized agent(s),
or the portions of these towns within the established service area
of the POTW.
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, tends to interfere with
any biological sewage treatment process or constitutes 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 CWA § 307(A) or other acts.
Any person who contributes, causes or permits the contribution
of wastewater into the POTW.
The demand sewer use charge which is based, in part or wholly, on the volume of normal and abnormal sewage discharged into the POTW (there may be surcharges, as provided for in Article XII). The user charge may be based on a specific cost per unit volume (gallons or cubic feet) or EDU (equivalent dwelling unit) basis. The specific charge shall be established periodically by, and subject to the approval of, the Village or Town Board having jurisdiction and shall be established in accordance with applicable municipal law.
An industrial user of the POTW that is subject to categorical
pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter
N.
A discharger to the POTW who is discharging on or before
the effective date of this chapter.
A discharger to the POTW who discharges nondomestic wastewaters
including municipal users likely to contribute nondomestic wastewaters.
A discharger to the POTW who initiates discharge after the
effective date of this chapter.
An industrial user of the POTW that, in the judgment of the
Sewer Board or Superintendent, meets any one of the following criteria:
Categorical Industrial User or CIU.
Except as provided in 40 CFR 403.3(t)(2), any other industrial
user that discharges an average of 25,000 gallons per day or more
of process wastewater (excluding sanitary, noncontact cooling and
boiler blowdown wastewater) to the POTW.
Except as provided in 40 CFR 403.3(t)(2), any other industrial
user that contributes a process waste stream which makes up 5% or
more average dry weather hydraulic or organic capacity of the POTW
treatment plant.
Any other industrial user that the Sewer Board or its Superintendent
designates as having a reasonable potential for adversely affecting
the POTW's operation or for violating a pretreatment standard or requirement
or sewer use agreement.
The Village of Fultonville.
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.
A permit as set forth in Article X of this chapter.
See "sewage, unusual strength or character."
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
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|
ASTM
|
American Society for Testing and Materials
|
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AWWA
|
American Water Works Association
|
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BOD
|
Biochemical oxygen demand
|
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CFR
|
Code of Federal Regulations
|
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CPLR
|
Code of Public Law and Rules
|
|
COD
|
Chemical oxygen demand
|
|
EPA
|
Environmental Protection Agency
|
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L
|
Liter
|
|
Mg
|
Milligram
|
|
Mg/l
|
Milligrams per liter
|
|
NCPI
|
National Clay Pipe Institute
|
|
NPDES
|
National Pollutant Discharge Elimination System
|
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NYSDEC
|
New York State Department of Environmental Conservation
|
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NYSDOH
|
New York State Department of Health
|
|
NYSDOT
|
New York State Department of Transportation
|
|
P
|
Total phosphorus
|
|
psi
|
Pounds per square inch
|
|
POTW
|
Publicly owned treatment works
|
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PPM
|
Parts per million, weight basis
|
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SIC
|
Standard Industrial Classification
|
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SPDES
|
State Pollutant Discharge Elimination System
|
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SWDA
|
Solid Waste Disposal Act, 42 U.S.C. § 6901 et seq.
|
|
U.S.C.
|
United States Code of Laws
|
|
USEPA
|
United States Environmental Protection Agency
|
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TSS
|
Total suspended solids
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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.
