[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Unless otherwise stated in this section, where a term is used
in this chapter the following terms and phrases shall have the meanings
hereinafter designated. 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.
ABNORMAL SEWAGE
Sewage whose concentration of one or more characteristics
of normal sewage exceeds the maximum concentrations of the characteristics
of normal sewage. See "normal sewage."
ACT or THE ACT
The Federal Water Pollution Control Act, also known as the
"Clean Water Act," 33 U.S.C. 1251 et seq., as amended.
ADMINISTRATOR
The Regional Administrator of the U. S. Environmental Protection
Agency (USEPA), Region 2.
AMMONIA
The result obtained using an approved laboratory procedure
to determine the quantity of ammonia in a sample, expressed as milligrams
of nitrogen per liter.
APPLICANT
That person who makes application for any permit. The applicant
may be an owner, new or old, or his agent.
APPROVAL AUTHORITY
The USEPA, or the New York State Department of Environmental
Conservation (NYSDEC) in the event the NYSDEC is delegated approval
authority responsibility by the USEPA. The USEPA Administrator will
be the approval authority until such time that the State of New York
has an approved pretreatment program.
APPROVED LABORATORY PROCEDURE
The procedures defined as "standard methods" in this article,
or other procedures approved by the Department of Health for flow
measurement or determination of the concentration of pollutants or
their surrogates in waters, wastewater, and/or sludges. All laboratory
analysis procedures must be performed by a laboratory certified by
New York State for the procedure used to test for that pollutant.
Laboratories which are approved federally for analyzing that pollutant
may also be used.
AUTHORIZED REPRESENTATIVE OF THE INDUSTRIAL USER
A.
An authorized representative of the industrial user may be:
(1)
If the user is a corporation:
(a)
The president, secretary, treasurer, or a vice-president of
the corporation in charge of a principal business function, or any
other person who performs similar policy or decision-making functions
for the corporation; or
(b)
The manager of one or more manufacturing, production, or operation
facilities employing more than 250 persons, if authority to sign documents
has been assigned or delegated to the manager in accordance with corporate
procedures.
(2)
If the user is a partnership or sole proprietorship: a general
partner or proprietor, respectively.
(3)
If the user is a federal, state, or local governmental facility:
a director or highest official appointed or designated to oversee
the operation and performance of the activities of the government
facility, or its designee.
B.
The individuals described in Subsection
A(1) through
(3), above, may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the Town.
BIOCHEMICAL OXYGEN DEMAND (BOD)
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, for five days at 20°
C., expressed in milligrams per liter.
BUILDER
Any person who undertakes to construct a building or any
part of a building, either under contract or for resale.
BUILDING DRAIN
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.
CHIEF PLANT OPERATOR
An individual who is employed by the Town of Webster, who
is designated by the appointing officials as the person in responsible
supervision of the complete and actual operation of any wastewater
treatment plant and appurtenances. It is not intended to include superintendents
of public works or municipal or other officials unless their duties
include the actual operation of a wastewater treatment plant. The
Chief Plant Operator must have a valid New York State Department of
Environmental Conservation Grade 4A Wastewater Treatment Plant Operator
Certificate in order to make decisions pertaining to the operation
of the Wastewater Treatment Plant and Collection System.
CHLORINE DEMAND
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.
CHEMICAL OXYGEN DEMAND (COD )
The result obtained when using an approved laboratory procedure
to measure the oxygen requirement of that portion of the organic matter
in a sample that is susceptible to oxidation by a specific chemical
oxidant, expressed in milligrams per liter.
COLOR
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.
COMBINED SEWER
A sewer receiving a mixture of stormwater and sanitary sewage,
with or without industrial wastes.
COMMISSIONER OF PUBLIC WORKS
The Commissioner of Public Works or his/her division heads
of the Town of Webster or his duly authorized agent or representative.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
COMPOSITE SAMPLE
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.
CONNECTION
Attachment of one user to a sewer. (See "extension.")
CONNECTION CHARGE or TAP FEE
The one-time application fee by the Town or village to offset
expenses to process an application for a connection of a building/street
lateral to the public sewer.
CONTESTED CASE
A proceeding in which the legal rights, duties or privileges
of a party are determined by the Town of Webster after the party has
had an opportunity for hearing.
CONTROL AUTHORITY
Refers to the Chief Plant Operator and/or Superintendent
of Sewers or his/her duly authorized agent or representative.
CONTROL MANHOLE
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.
CONVENTIONAL POLLUTANT
A pollutant that the POTW treatment plant was designed to
treat, defined in accordance with the Act. See "normal sewage."
COOLING WATER
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.
DEC
The New York State Department of Environmental Conservation.
DEVELOPER
Any person who subdivides land for the purpose of constructing,
or causing to be constructed, buildings for which wastewater disposal
facilities are required.
DIRECT DISCHARGE
The discharge of treated or untreated wastewater directly
to the waters of the State of New York. (For reference, see "indirect
discharge.")
DRY SEWER
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.
EASEMENT
An acquired legal right for the specific use of land owned
by others.
END OF PIPE
For the purpose of determining compliance with limitations prescribed by Article
IX, the control manhole, provided the samples collected from the control manhole are representative of the discharge to the POTW.
EXISTING SOURCE
Any source of discharge, the construction or operation of
which commenced prior to the publication by EPA of proposed categorical
pretreatment standards, which will be applicable to such source if
the standard is thereafter promulgated in accordance with Section
307 of the Act.
EXTENSION
Attachment of a sewer line, with more than one user, to an
existing sewer line.
FLOATABLE OIL
Oil, grease, or fat in a physical state such that it will
separate by gravity from wastewater by treatment in a wastewater treatment
facility.
FLOW RATE
The quantity of liquid or waste that flows in a certain period
of time.
FOG
Any material which is extractable from an acidified sample
of waste by hexane or other designated solvent.
GARBAGE
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.
GRAB SAMPLE
A single sample of wastewater representing the physical,
chemical, and biological characteristics of the wastewater at one
point and time to be taken from a waste stream without regard to flow
in the waste stream.
GROUNDWATER
Water within the earth contained within a water-bearing stratum
or formation.
HOLDING TANK WASTE
Any waste from holding tanks such as vessels, chemical toilets,
campers, trailers, septic tanks, and tank trucks.
ICS FORM
The form issued by the NYSDEC and used by the Town of Webster
to survey industries to perform and update the Industrial Chemical
Survey.
INDIRECT DISCHARGE or DISCHARGE
The introduction of wastewater into a POTW for treatment
and ultimate discharge of the treated effluent to the state's waters
from a nondomestic source regulated under Section 307 (b), (c), or
(d) of the Act. (For reference, see "direct discharge.")
INDUSTRIAL
Meaning or pertaining to industry, manufacturing, commerce,
trade, business, or institution, and is distinguished from domestic
or residential.
INDUSTRIAL CHEMICAL SURVEY (ICS)
The survey of industries in the Town of Webster, initiated
by the NYSDEC, to determine chemical usage and storage by those industries.
INDUSTRIAL WASTES
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. This shall also include
but not be limited to grease, fats, and oils from commercial kitchens
and repair stations, backwash from water filters, and leachate from
polluted groundwater and landfills.
INFILTRATION
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.
INFLOW
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, stormwater,
foundation drains, swimming pools, surface runoff, street wash waters,
or drainage. Inflow does not include and is distinguished from infiltration.
INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT
The maximum concentration of a pollutant allowed to be discharged
at any time, determined from the analysis of any discrete or composite
sample collected, independent of the industrial flow rate and the
duration of the sampling event.
INTERFERENCE
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 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):
A.
Section 405 of the Clean Water Act;
B.
The 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 or the SWDA),
D.
The Toxic Substance Control Act;
E.
The Marine Protection Research and Sanctuaries Act;
F.
40 CFR 503 "Standards for use and disposal of sewage sludge;"
and
G.
NYCRR, Part 360 and Parts 700-705.
LATERAL, BUILDING
The sewer extension from the building drain to the street
lateral or other place of wastewater disposal, beginning five feet
outside the inner face of the building wall.
LATERAL, STREET (STUB)
The sewer extension from the public sewer to the property
line, or to the limits of a sanitary sewer easement.
LICENSE
Includes the whole or part of any permit, certificate, approval,
registration, or similar form or permission required by law.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
LICENSING
Includes the process respecting the grant, denial, revocation,
suspension, annulment, withdrawal, or amendment of a license.
MAY
Is permissive. (See definition of "shall.")
MEDICAL WASTE
Isolation wastes, infectious agents, human blood and blood
products, pathological wastes, sharps, body parts, contaminated bedding,
surgical wastes, potentially contaminated laboratory wastes, dialysis
wastes, and prescription drugs.
MUNICIPALITY
A county, village, town, or other public body created by
or pursuant to state law.
NATIONAL CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with Section 307(b) of the Act (33 U.S.C.
1317), which applies to a specific category of industrial users. These
standards apply at the end of the categorical process ("end of process").
NEW OWNER
That individual or entity who purchased property within the
service area of the Town after the effective date of this chapter.
NEW SOURCE
A.
Any building, structure, facility, or installation 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, provided that:
(1)
The building, structure, facility, or installation is constructed
at a site at which no other source is located; or
(2)
The building, structure, facility, or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source; or
(3)
The production or wastewater generating processes of the building,
structure, facility, or installation are substantially independent
of an existing source at the same site. In determining whether these
are substantially independent, factors such as the extent to which
the new facility is engaged in the same general type of activity as
the existing source should be considered.
B.
Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of Subsection
A(2) or
(3) above but otherwise alters, replaces, or adds to existing process or production equipment.
C.
Construction of a new source as defined under this definition
has commenced if the owner or operator has begun, or caused to begin,
as part of a continuous on-site construction program, any placement,
assembly, or installation of facilities or equipment, or significant
site preparation work, including clearing, excavation, or removal
of existing buildings, structures, or facilities, which is necessary
for the placement, assembly, or installation of new source facilities
or equipment; or has entered into a binding contractual obligation
for the purchase of facilities or equipment which are intended to
be used in its operation within a reasonable time. Options to purchase
or contracts which can be terminated or modified without substantial
loss, and contracts for feasibility, engineering, and design studies,
do not constitute a contractual obligation under this subsection.
NONCONTACT COOLING WATER
Water used for cooling which does not come into direct contact
with any raw material, intermediate product, waste product, or finished
product.
NUISANCE
The use or lack of use of the POTW in such a manner 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.
OIL AND GREASE
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.
OLD OWNER
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 inherited the property at any time and who intends
to sell the property, or has sold the property to a new owner; also
the agent of the old owner.
OTHER WASTES
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.
OWNER
A person or persons who legally own, lease, or occupy a private
property with wastewater facilities that discharge or will discharge
wastewater.
P (PHOSPHATE)
The concentration of phosphate as phosphorous, expressed
in milligrams per liter.
PARTY
Each person or agency named or admitted as a party or properly
seeking and entitled as of right to be admitted to any administrative
or enforcement procedure.
PASS-THROUGH
A 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 of a violation.
PERMIT
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.
PERSON
Any individual, firm, company, society, partnership, copartnership,
public or private corporation, political subdivision, federal, state,
or local governmental agency or entity, association, trust, estate,
joint-stock company or any other legal entity whatsoever, 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.
PETROLEUM HYDROCARBON
That portion of the total extractable grease and fats which
is not retained as activated alluma or silica gel adsorption column
after elutriating with hexane.
pH
The logarithm (base 10) of the reciprocal of the weight of
hydrogen ions, in gram moles per liter of solution, as determined
by standard methods. 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.
POLLUTANT
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. This includes but
is not limited to dredged spoil, solid waste, incinerator residue,
filter backwash, sewage, garbage, sewage sludge, munitions, medical
wastes, chemical wastes, biological materials, radioactive materials,
heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal,
agricultural and industrial wastes, and certain characteristics of
wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD,
toxicity, or odor).
POLLUTION
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.
POTW
See "publicly owned treatment works."
POTW TREATMENT PLANT
That portion of the POTW designed to provide treatment to
wastewater, and to treat sludge and residuals derived from such treatment.
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirement related to pretreatment,
other than a national pretreatment standard imposed on an industrial
user.
PRETREATMENT (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 by diluting the
concentration of pollutants unless allowed by an applicable pretreatment
standard, such as 40 CFR 403.6(d).
PRIORITY POLLUTANTS
The most recently revised or updated list, developed by the
EPA, in accordance with the Act.
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, and with no particle having a dimension greater
than 1/2 inch in any dimension.
PUBLICLY OWNED TREATMENT WORKS (POTW)
A treatment works as defined by Section 212 of the Act (33
U.S.C. 1292) which is owned in this instance by the Sewer District
or the municipalities within the Town. This definition includes any
public sewers and appurtenances that transport wastewater to the POTW
treatment plant but does not include pipes, sewers or other conveyances
not directly or indirectly connected to a facility providing treatment.
For the purposes of this chapter, "POTW" shall also include any sewers
that convey wastewaters to the POTW from persons outside the Town
who are, by contract or agreement with the Town, users of the Town
POTW.
PUBLIC SEWER
Sewers, manholes, intercepting sewers, sewage pumping station,
treatment and disposal works and any other plant, works or equipment
and accessories under the jurisdiction of any municipality, any public
agency or the Sewer District that discharges its sewage and liquid
into the Sewer District's sewer system.
RECEIVING WATERS
A natural watercourse or body of water (usually waters of
the state) into which treated or untreated sewage is discharged.
RENTAL UNITS
Shall be determined as follows:
A.
A single-family dwelling connected to the sewer system or any
part thereof constitutes one rental unit.
B.
Each two-family house, apartment house or multiple dwelling,
other than boardinghouses, tourist homes, hotels and motels, shall
consist of one rental unit for each apartment or living quarters for
a separate family unit contained in or on such premises.
C.
The number of applicable rental units for churches, schools,
institutions, stores and commercial and industrial establishments
shall be determined by dividing the annual water consumption on said
premises by 60,000 gallons. Each of said premises, however, shall
constitute a minimum of one rental unit.
D.
In the event that any parcel of real property in its entirety
falls within more than one of the above classifications, that classification
which produces the greatest number of rental units shall be the one
applicable. In the event that any parcel of real property is divisible
into two or more classifications, the number of rental units in each
classification shall be determined, and the total thereof shall constitute
the number of rental units applicable to the entire parcel.
ROOF DRAIN
A drain installed to receive water collecting on the surface
of a roof for disposal.
RULE
Each statement of general applicability that implements,
interprets or prescribes law or policy or describes the organization,
procedures, or practices requirements of the Sewer District. The term
includes the amendment or repeal of a prior rule but does not include:
A.
Statements concerning the internal management of the Sewer District
and not affecting the private rights; or
B.
Declaratory rulings issued pursuant to Article
XI of this chapter; or
SEPTAGE
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. Septage shall not have been contaminated
with substances of concern or priority pollutants.
SEPTIC TANK
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.
SERVICE AREA OF THE POTW
The legally defined bounds of real property from which wastewater
may be discharged into the POTW, including all tributary sewers to
Town-owned sewers. The bounds shall be established, altered, changed,
modified, reduced, enlarged, combined, or consolidated by action of
the Webster Town Board, Webster, New York, or any successor body charged
with the duty of the operation and maintenance of the Sewer District.
SEWAGE, DOMESTIC (DOMESTIC WASTES) or SANITARY SEWAGE
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 or wall washing. Therefore, domestic
sewage includes both black water and grey water.
SEWAGE, NORMAL
Sewage, industrial wastes, or other wastes which show, by
analysis, the following characteristics. In spite of satisfying all
of these characteristics, if the sewage also contains other substances
of concern, it may not be considered normal sewage.
A.
BOD (five-day): 300 milligrams per liter, or less.
B.
Suspended solids: 300 milligrams per liter, or less.
C.
Phosphorus: 10 milligrams per liter, or less.
D.
Ammonia: 40 milligrams per liter, or less.
E.
Chlorine demand: 25 milligrams per liter, or less.
F.
Chemical oxygen demand: 600 milligrams per liter, or less.
G.
Oil and grease: 100 milligrams per liter, or less.
SEWAGE, STORM
Sewage flowing in storm sewers (See "sewer, storm.") excluding
sanitary sewage and industrial wastewaters, other than cooling waters
and other unpolluted water.
SEWER
A pipe or conduit for carrying or transporting sewage.
SEWERAGE SURCHARGE (SEWAGE SURCHARGE)
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.")
SEWER, PUBLIC
A sewer in which all abutting property owners have equal
rights and the use of which is controlled by the Town and/or the municipality
owning that sewer.
SEWER RENTS
A scale of annual charges established by the Webster Town
Board and imposed for the use of public sewers.
SEWER, SANITARY
A sewer which carries wastewater and to which stormwater,
surface water, and groundwater are not intentionally admitted.
SEWER, STORM (STORM DRAIN)
A sewer which carries stormwater, surface water, and subsurface
waters, but excludes sanitary sewage and industrial wastewaters other
than cooling waters and other unpolluted waters.
SHALL
Is mandatory. (See definition of "may.")
SIGNIFICANT NONCOMPLIANCE (SNC)
A user is in significant noncompliance if its violation meets
one or more of the following criteria:
A.
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 for the same pollutant parameter exceed (by any
magnitude) a numeric pretreatment standard or requirement, including
instantaneous limits;
B.
Technical review criteria (TRC) violations, defined here as
those in which 33% or more of all of the measurements for the pollutant
parameter taken during a six-month period equal or exceed the product
of the numeric pretreatment standard or requirement, including instantaneous
limits, multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS,
fats, oil and grease; TRC = 1.2 for all other pollutants);
C.
Any other violation of a pretreatment effluent limit (daily
maximum long-term average, instantaneous limit, or narrative standard)
that the Chief Plant Operator and/or Superintendent of Sewers or his/her
duly authorized agent or representative 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);
D.
Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the Chief Plant Operator and/or Superintendent of Sewers's exercise of its emergency authority under Article
XI of this chapter;
E.
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;
F.
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;
G.
Failure to report accurately any noncompliance;
H.
Any other violation or group of violations, which may include
a violation of best management practices, which the Chief Plant Operator
and/or Superintendent of Sewers or his/her duly authorized agent or
representative determines will adversely affect the implementation
or operation of the local pretreatment program.
SLUG (SLUG LOAD)
Any discharge of a nonroutine, episodic nature, including
but not limited to an accidental spill or a noncustomary batch discharge,
which has a reasonable potential to cause interference or pass-through
or in any other way violates the POTW's regulations, local limits
or permit conditions. See 40 CFR 403.8 (f)(2)(vi).
SPDES
The State Pollutant Discharge Elimination System.
STANDARD METHODS
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, Part
136, and amendments thereto. (If 40 CFR, Part 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 Executive Director, whichever is the most conservative.
STATE
The State of New York.
STORMWATER
Any flow occurring during or following any form of natural
precipitation and resulting therefrom, including snowmelt.
SUBSTANCES OF CONCERN
Those compounds which the New York State Department of Environmental
Conservation has determined may be harmful to man or the environment.
SUMP PUMP
A mechanism used for removing water from a sump or wet well.
SUPERINTENDENT
An individual appointed by the Town to oversee its POTW and
collection system operations. That person shall be the Executive Director
in municipalities where the Town oversees the POTW and collection
system operations. This definition shall also include his authorized
deputy, agent, or representative. If the Superintendent is also the
Chief Plant Operator, he/she must have a valid New York State Department
of Environmental Conservation Grade 4A Wastewater Treatment Plant
Operator Certificate in order to make decisions pertaining to the
operation of the wastewater treatment plant and collection system.
SUSPENDED SOLIDS
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, or are settleable, and can
be removed from the sample by filtration, expressed in milligrams
per liter.
THIRTY-DAY AVERAGE CONCENTRATION
The sum of all daily discharges measured during a calendar
month, divided by the number of daily discharges measured during that
month.
TOTAL KJELDAHL NITROGEN (TKN)
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.
TOTAL PHOSPHORUS
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.
TOWN BOARD
The governing body of the Town of Webster.
TOWN SEWERS
Sewers which are owned and maintained by the Town.
TOXIC SUBSTANCE (TOXIC POLLUTANT)
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, tend to interfere with
any biological sewage treatment process, constitute a hazard by contaminating
sludge, or that 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.
UNPOLLUTED WATER
Water of quality equal to or better than the effluent criteria
in effect, or water that would not cause violation of receiving water
quality standards and would not be benefited by discharge to the sanitary
sewers and wastewater treatment facilities provided.
USER
Any person who contributes, causes, or permits the contribution
of wastewater or is required to deposit wastewater, either directly
or indirectly, into the District's POTW.
USER, COMMERCIAL
A user of property occupied by a nonresidential establishment
and not discharging industrial wastes.
USER, EXISTING
A user who was discharging on or before the effective date
of this chapter.
USER, NEW
A user who initiates discharge to the POTW after the effective
date of this chapter.
USER, RESIDENTIAL
A user on premises used only for human residency who discharges
only domestic wastewaters.
USER, SIGNIFICANT INDUSTRIAL (SIU)
A.
An industrial user of the Town's POTW who is:
(1)
Discharging an average of 25,000 gpd or more of process wastewater,
leachate, or contaminated water to the POTW (excluding sanitary, noncontact
cooling, and boiler blowdown wastewater);
(2)
Subject to categorical pretreatment standards promulgated by
the EPA;
(3)
Having substantial impact (as determined by the Town, NYSDEC,
or the USEPA), either singly or in combination with other industries,
on the operation of the treatment works, the quality of the sludge,
the system's effluent quality.
(4)
Designated as such by the Town on the basis that it has a reasonable
potential to adversely affect the POTW's operation or to violate a
pretreatment standard or requirement.
(5)
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; or
(6)
Contributing a process waste stream which makes up 5% or more
of the average dry weather organic capacity of the POTW treatment
plant.
B.
Upon a finding that a user meeting the criteria in Subsection
A(1) has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the Town may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.
VOLUME CHARGE
In the Town of Webster sewerage system, the sewer use charge
may be based in part or wholly on the volume of discharge into the
sewerage system. The charge shall be based on a specific cost per
100 cubic feet or per 1,000 gallons. The specific cost is determined
based on the overall cost of treating sewage and is subject to revision
by the Town of Webster.
WASTEWATER (SEWAGE)
The liquid and water-carried industrial or domestic wastes
from dwellings, commercial establishments, industrial facilities,
institutions, and other permitted facilities, 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.
WATERS OF THE STATE (STATE'S WATERS)
All streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigation systems, and 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
Wastewater pollution control facility.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]