A.
Unless otherwise stated in the section where the term is used in this Part 1, the meanings of terms used in this Part 1 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. The word "shall" is mandatory; "may" is permissive.
B. ABNORMAL SEWAGE ACT OR THE ACT ADMINISTRATOR AMMONIA APPLICANT APPROVAL AUTHORITY APPROVED LABORATORY PROCEDURE ASTM (DENOTING "AMERICAN SOCIETY FOR TESTING AND MATERIALS") AUTHORIZED REPRESENTATIVE OF THE INDUSTRIAL USER(1) (2) (3) BOD (DENOTING "BIOCHEMICAL OXYGEN DEMAND") BUILDER BUILDING DRAIN CHLORINE DEMAND COD (DENOTING "CHEMICAL OXYGEN DEMAND") COLOR COMPOSITE SAMPLE CONNECTION CHARGE (TAP FEE) CONTROL AUTHORITY CONTROL MANHOLE CONVENTIONAL POLLUTANT COOLING WATER COUNTY DEVELOPER DIRECT DISCHARGE DOMESTIC WASTES DRY SEWER EASEMENT END OF PIPE END OF PIPE CONCENTRATION END OF PROCESS CONCENTRATION EPA, USEPA OR UNITED STATES ENVIRONMENTAL PROTECTION AGENCY FLOATABLE OIL FLOW RATE GARBAGE GRAB SAMPLE ICS FORM INDIRECT DISCHARGE INDUSTRIAL INDUSTRIAL CHEMICAL SURVEY (ICS) INDUSTRIAL USER INDUSTRIAL WASTES INFILTRATION INFLOW INTERFERENCE(1) (2) (3) (4) (5) LATERAL, BUILDING LATERAL, STREET NATIONAL CATEGORICAL PRETREATMENT STANDARD OR CATEGORICAL STANDARD NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT NATIONAL PROHIBITIVE DISCHARGE STANDARD OR PROHIBITIVE DISCHARGE STANDARD NATURAL OUTLET NEW OWNER NEW SOURCE NEW USER NORMAL SEWAGE NUISANCE OIL AND GREASE OLD OWNER OTHER WASTES PASS-THROUGH PERMIT PERSON PH PHOSPHORUS, TOTAL POLLUTANT POLLUTION POTW TREATMENT PLANT PRETREATMENT (TREATMENT) PRETREATMENT REQUIREMENT PRETREATMENT STANDARD OR NATIONAL PRETREATMENT STANDARD PRIORITY POLLUTANTS PROHIBITIVE DISCHARGE STANDARD PROPERLY SHREDDED GARBAGE PUBLICLY OWNED TREATMENT WORKS (POTW) RECEIVING WATERS ROOF DRAIN SANITARY INSPECTOR SCAVENGER WASTES SEPTAGE SEPTIC TANK SERVICE AREA OF THE POTW SEWAGE SEWAGE, DOMESTIC (DOMESTIC WASTES) SEWAGE, NORMAL(1) (a) (b) (c) (d) (e) (f) (g) (h) (2) SEWAGE, SANITARY SEWAGE TREATMENT PLANT (WATER POLLUTION CONTROL PLANT) SEWER SEWERAGE SURCHARGE SEWERAGE SYSTEM (ALSO POTW) SEWER, COMBINED SEWER, PUBLIC SEWER, SANITARY SEWER, STORM (STORM DRAIN) SIGNIFICANT INDUSTRIAL USER SLUG STANDARD INDUSTRIAL CLASSIFICATION (SIC) STANDARD METHODS STATE STATE'S WATERS STORMWATER SUBSTANCE OF CONCERN SUMP PUMP SUPERINTENDENT SUSPENDED SOLIDS TOTAL KJELDAHL NITROGEN (TKN) TOTAL PHOSPHORUS TOWN TOWN ENGINEER TOXIC SUBSTANCE(1) (2) USER USER, EXISTING USER, INDUSTRIAL USER, NEW USER, SIGNIFICANT INDUSTRIAL (SIU)(1) (a) (b) (c) (d) (e) (2) VOLUME CHARGE (USER CHARGE) WASTEWATER WASTEWATER DISCHARGE PERMIT WASTEWATER OF UNUSUAL STRENGTH OR CHARACTER WATERS OF THE STATE (STATE'S WATERS)
As used in this Part 1, the following terms shall have the meanings indicated:
Sewage whose concentration of one or more characteristics of normal sewage exceeds the maximum concentrations of these characteristics of normal sewage. See "normal sewage."
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 permit. The "applicant" may be an owner, new or old, or his agent.
The USEPA or the New York State Department of Environmental Conservation (NYSDEC) in the event that the NYSDEC is delegated approval authority responsibility by the USEPA.
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 Part 1.
May be:
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.
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 zero 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.
The one-time application fee to offset Town 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 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 since there is an approved pretreatment program under the provisions of 40 CFR 403.11.
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.
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 Part 1.
Orange County, New York.
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 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 § 148-48, 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 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, and also may be used as a designation for the Administrator or other duly authorized official of this agency.
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.
The form used by the NYSDEC to survey industries to perform and 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.")
Meaning or pertaining to 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. "Inflow" is purposely designed and/or built into the sewer or drain.
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 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):
Section 405 of the Clean Water Act.
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].
Clean Air Act.
Toxic Substance Control Act.
Marine Protection Research and Sanctuaries Act.
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 Section 307(B) and (C) of the Act (22 U.S.C. § 1342) 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 Section 402 of the Act (33 U.S.C. § 1347).
Any regulation developed under the authority of Section 307(B) of the Act and 40 CFR 403.5.
Any outlet, including storm sewers and combined sewer overflows, to the state's waters.
That individual or entity who or which purchased property within the service area of the Town after the effective date of this Part 1.
Any source, the construction of which is commenced after the publication of a 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.
A discharger to the POTW who commences discharge after the effective date of this Part 1.
See "sewage, normal."
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.
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 or which owns or owned a property within the service area of the POTW purchased prior to the effective date of this Part 1 or inherited the property at any time and who or which intends to sell the property or has sold the property to a new owner, and 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 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 or 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 Part 1.
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 seven point zero (7.0), the pH scale midpoint, represents neutrality. Values above seven point zero (7.0) represent alkaline conditions. Values below seven point zero (7.0) represent acid conditions.
See "total phosphorus."
Any material placed into or onto the state's waters, lands and/or air 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 air 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 one-half (1/2) inch in any dimension.
A treatment works, as defined by Section 212 of the Act (33 U.S.C. § 1292), which is owned, in this instance, by the Town for or on behalf of a sewer district or districts or by the City of Newburgh and utilized by the Town by agreement. 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.
A drain installed to receive water collecting on the surface of a roof for disposal.
The Town officer or employee designated by the Town Board to administer and enforce Arts XII, XIII, XIV and XV of this Part 1 relating to septic tanks and other private sewage disposal systems.
See "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, and 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 by action of the Town Board.
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.
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, industrial wastes or other wastes which show, by analysis, the following characteristics:
BOD (five-day): 2,090 pounds per million gallons (300 milligrams per liter) or less.
Suspended solids: 2,500 pounds per million gallons (350 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: 417 pounds per million gallons (50 milligrams per liter) or less.
Chlorine demand: 209 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: 830 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 and industrial and other wastes. (See "domestic wastes.")
See "POTW treatment plant."
A pipe or conduit for carrying or transporting sewage.
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.
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 town.
A sewer which carries sewage and to which storm-, surface and ground waters are not intentionally admitted.
A sewer which carries storm- and surface waters and drainage but excludes sewage and industrial wastewaters, other than cooling waters and other unpolluted waters.
See "user, significant industrial."
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, 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 Section 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 the 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.
The State of New York.
See "waters of the state."
Any flow occurring during or following any form of natural precipitation, and 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.
An individual appointed by the Town Board and who serves at the Board's pleasure and at a salary and on the terms and conditions as determined by said Board and who shall be in charge of the Town Sewer Department but not necessarily have that job title.
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 in 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.
The Town of Newburgh, Orange County, New York.
The professional engineer employed by the Town of Newburgh.
Any substance, whether gaseous, liquid or solid, that, when discharged to a public sewer in sufficient quantities, may be hazardous to sewer maintenance personnel, tend to interfere with any biological sewage treatment process or 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 CWA 307(A) or other acts.
Any person who contributes or causes or permits the contribution of wastewater into the POTW.
A discharger to the POTW who is discharging on or before the effective date of this Part 1.
A discharger to the POTW who discharges nondomestic wastewaters.
A discharger to the POTW who initiates discharge after the effective date of this Part 1.
An industrial user of the Town POTW who is:
Subject to National Categorical Pretreatment Standards promulgated by the EPA.
Having substantial impact, either singly or in combination with other industries, on the operation of the treatment works.
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.
Discharging more than 5% of the flow or load of conventional pollutants received by the POTW treatment plant.
Discharging more than 25,000 gallons of sewage per day.
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.
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 XI). The "volume charge" shall be based on a specific cost per 1,000 gallons. The specific charge shall be subject to approval by the Town Board. The moneys so obtained shall be used for current operation and maintenance. The basis of "volume charge" calculations shall be made available to the public, on demand, as provided in Article XI. The "volume charge" shall be recalculated annually, as well as the surcharge rates.
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.
See "sewage of 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.