Town of Fishkill, NY
Dutchess County
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Table of Contents
Table of Contents
A. 
Unless the context specifically indicates otherwise, the meanings of terms used in this chapter shall be as follows:
ACT or THE ACT
The Federal Water Pollution Control Act, also known as the "Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.
AVERAGE CONCENTRATION
The concentration of constituents determined by analysis of a mixture of samples taken over a period of 24 hours at fifteen-minute intervals and composited in proportion to flow rate.
BOD (denoting "biochemical oxygen demand")
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20° C., expressed in milligrams per liter.
BUILDING DRAIN
That part of the lowest horizontal piping of the drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer beginning five feet outside the inner face of the building wall.
BUILDING INSPECTOR
The Building Inspector of the Town of Fishkill or his authorized deputy, agent or representative.
BUILDING SEWER or SEWER CONNECTIONS
Any sewer or part thereof connecting or installed for the future connection of a public or private building with the municipal sewer or public sewer and extending from the public or street sewer to the building drain.
BUILDING SEWER PERMIT
A permit issued by the Superintendent of Water Pollution Control of the Town of Fishkill pursuant to all requirements of the Town of Fishkill as described herein. There shall be two classes of building sewer permits: Class 1 for residential and Class 2 for establishments producing commercial or industrial wastes. In either class, the owner or his agent shall make application on a special form furnished by the Town.
CERTIFICATE OF SEWER COMPLIANCE
A written certificate issued by the Building Inspector or his duly authorized designee stating that a physical inspection(s) has (have) been made of the subject property and such property does not have roof drains, sump pump, or any prohibited stormwater/groundwater connections to the municipal sewer system and that any such connections, in the event revealed by an inspection, have been corrected and the connection is otherwise in current compliance with the provisions of Chapter 118 and any rules and regulations related thereto.
[Added 5-23-2014 by L.L. No. 3-2014]
COOLING WATER
The water discharged from any system of condensation, air conditioning, cooling, refrigeration or other, but which shall be free from odor and oil. It shall contain no polluting substances which would produce BOD or suspended solids each in excess of 10 parts per million by weight.
DEPARTMENT OF ENVIRONMENTAL CONSERVATION or DEC
The New York State Department of Environmental Conservation, or, where appropriate, the term may also be used as a designation for the Commissioner or other duly authorized official of said agency.
ENGINEER
The Engineer of the Town of Fishkill or his authorized deputy, agent or representative.
ENVIRONMENTAL PROTECTION AGENCY or EPA
The United States Environmental Protection Agency, or, where appropriate, the term may also be used as a designation for the Administrator or other duly authorized official of said Agency.
GARAGE
Solid wastes from the preparation, cooking and dispensing of food and from the handling, storage and sale of produce.
INDUSTRIAL WASTE
The liquid wastes from industrial manufacturing processes, trades or businesses, as distinct from sanitary sewage.
MAXIMUM CONCENTRATION
The concentration of constituents determined by analysis of a mixture of samples taken over a period of four hours at fifteen-minute intervals and composited in proportion to flow rate.
MILLIGRAMS PER LITER (designated as "MG/L")
The number of milligrams of dry solids, either dissolved or undissolved, contained in one liter of water, including solids. One milligram per liter may be expressed as 8.345 pounds of dry solids per 1,000,000 United States gallons of water, including solids. Milligrams per liter may be expressed as parts per million, designated as "ppm," meaning the number of pounds of dry solids contained in 1,000,000 pounds of water, including dry solids, by using the following formula: mg/l = ppm/specific gravity of the solution.
MUNICIPAL SEWER or PUBLIC SEWER
The sewer, pipe lines or conduits controlled by the Town and its special sewer improvement districts, including but not limited to the Dutchess Park Sewer District, in which all owners of abutting property have equal rights.
[Amended 10-11-1994 by L.L. No. 9-1994]
NATIONAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARD
Any regulation containing pollutant discharge limits promulgated by the Environmental Protection Agency in accordance with Section 307(b) and (c) of the Act (33 U.S.C. § 1317) which applies to a specific category of industrial users.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM OR NPDES PERMIT
A permit issued pursuant to Section 402 of the Act (33 U.S.C. § 1342).
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater.
NORMAL SEWAGE
Sewage shall be regarded as normal for the Town if analyses show, by weight, a daily average of not more than 200 parts per million of suspended solids, not more than 200 parts per million of BOD and not more than 50 parts per million of ether soluble matter (grease or oil) each per million gallons of daily flow.
PERSON, ENTERPRISE, ESTABLISHMENT or OWNER
The legal owner of the real estate to be improved or such person designated as his agent or any individual, firm, company, association, society, corporation or group using the sewage works or sewerage system.
pH
The logarithm of the reciprocal of the concentration of hydrogen ions in moles per liter. It is used to indicate the concentration of free acid and free alkali.
PROPERLY SHREDDED GARBAGE
Any 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 condition normally prevailing in public sewers, with no particle greater than 1/2 inch in any dimension.
SANITARY SEWAGE
Sewage discharging from the sanitary conveniences of dwellings (including apartment houses and hotels), office buildings, factories or institutions and free from stormwater, groundwater and surface water and industrial wastes.
SEWAGE
A combination of water-carried wastes from residences, buildings, institutions and industrial establishments, together with such groundwater, surface water and stormwater as may be present.
SEWAGE TREATMENT PLANT
Any arrangement of devices and structures used for treating sewage.
SEWAGE WORKS, SEWERAGE SYSTEM or SEWER SYSTEM
All facilities for collecting, pumping, treating or disposing of sewage.
SEWER
A pipe or conduit for carrying sewage and to which stormwater, surface water and groundwater are not intentionally admitted.
SEWER INSPECTOR
The Building Inspector or his authorized deputy, agent or representative, and, if the Town creates and appoints a Superintendent of Water Pollution Control, an authorized representative of that officer.
[Amended 10-11-1994 by L.L. No. 9-1994]
SIGNIFICANT INDUSTRIAL USER
Any user who conforms to any one of the following:
(1) 
Has a discharge flow of 25,000 gallons or more per average workday;
(2) 
Has a flow greater than 5% of the flow in the Town of Fishkill sewerage system;
(3) 
Has in his wastes toxic pollutants as defined pursuant to Section 307 of the Act or the State of New York statutes and rules;
(4) 
Is subject to categorical pretreatment standards; or
(5) 
Is found by the Town of Fishkill, the New York State Department of Environmental Conservation (DEC) or the United States Environmental Protection Agency (EPA) to have significant impact, either singly or in combination with other contributing industries, on the sewerage system, the quality of sludge, the system's effluent quality or air emissions generated by the system.
SLUG
Any water or waste exceeding a concentration greater than five times the normal sewage and which is discharged continually for a period longer than 15 minutes.
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.
STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM OR SPDES PERMIT
A permit issued by the State Department of Environmental Conservation pursuant to Section 402 of the Act.
STORM SEWER or STORM DRAIN
A pipe or conduit which carries stormwater and surface water and drainage, but excludes sewage and industrial wastes. It may, however, carry cooling water or other unpolluted waters.
SUBDIVISION
The division of any parcel of land into two or more lots, plots, sites or other divisions of land for immediate or future sale for building development in such a way as to create one or more new streets.
SUPERINTENDENT
The Building Inspector of the Town of Fishkill, unless the Town creates and appoints a Superintendent of Water Pollution Control, or the Building Inspector's authorized deputy, agent or representative.
[Amended 10-11-1994 by L.L. No. 9-1994]
SUSPENDED SOLIDS
Solids that either float on the surface of or are in suspension in water, sewage or other liquids and which are removable by laboratory filtering.
TOWN
The Town of Fishkill, County of Dutchess, New York.
UNPOLLUTED WATER OR WASTE
Any water or waste containing none of the following: free of emulsified grease or oil; acid or alkali; phenols or other substances imparting taste or odor in receiving waters; toxic or poisonous substances in suspension, colloidal state or solution; and noxious or odorous gases. It shall contain not more than 10,000 parts per million by weight of dissolved solids, of which not more than 2,500 parts per million shall be as chloride with permissible volumes subject to review by the Superintendent and not more than 10 parts per million each of suspended solids and BOD. The color shall not exceed 50 parts per million.
USER
Any person who contributes, causes or permits the contribution of sewage into the public sewer system.
WASTEWATER CONTRIBUTION PERMIT
A permit issued by the Superintendent of Water Pollution Control of the Town of Fishkill pursuant to all requirements of the Town of Fishkill as described herein. Only industrial users must obtain this permit in addition to the building sewer permit, as described herein.
WATERCOURSE
A channel in which a flow of water occurs, either continuously or intermittently.
B. 
Word usage. "Shall" is mandatory; "may" is permissive.