Unless the context specifically indicates otherwise, the meanings
of terms and phrases as used in this article 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.
APPROVAL AUTHORITY
The Regional Administrator of the United States Environmental
Protection Agency or the Commissioner of the New York State Department
of Environmental Conservation in the event that the New York State
Department of Environmental Conservation is delegated approval authority
responsibility.
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER
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; or a duly authorized representative
of the individuals designated above.
BIOCHEMICAL OXYGEN DEMAND (BOD)
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure five days at
20° C., expressed in terms of weight and concentration (milligrams
per liter).
BUILDING DRAIN
That part of the lowest horizontal piping of a drainage system
which receives the discharge from soil, waste and other drainage pipes
inside the walls of the building and conveys it to the building sewer,
beginning five feet outside the inner face of the building wall.
BUILDING SEWER
A sewer conveying wastewater from the premises of a user
to a public sewer.
CHRONIC VIOLATIONS OF WASTEWATER DISCHARGE LIMITS
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.
[Added 10-4-2010 by L.L. No. 8-2010]
COMPATIBLE POLLUTANT
Biochemical oxygen demand, suspended solids, pH and fecal
coliform bacteria, plus any additional pollutants identified in the
treatment work's SPDES permit if such pollutants are treated to the
degree required by the SPDES permit.
CONTROL AUTHORITY
Refers to the Superintendent of Public Works of the Village
of Suffern.
COOLING WATER
The water discharged from any use to which the only pollutant
added is heat, such as air conditioning, cooling or refrigeration.
DIRECT DISCHARGE
The discharge of treated or untreated wastewater directly
to the waters of the State of New York.
GRAB SAMPLE
A sample which is taken from a waste stream on a onetime
basis with no regard to the flow in the waste stream and without consideration
of time.
HOLDING TANK WASTE
Any waste from holding tanks such as campers, chemical toilets,
trailers, septic tanks and vacuum-pump tank trucks.
INDIRECT DISCHARGE OR DISCHARGE
The introduction of pollutants into the treatment works from
any nondomestic source regulated under Section 307(b), (c) or (d)
of the Act.
INTERFERENCE
The inhibition or disruption of the treatment works, its
treatment, processes or operations, which contributes to a violation
of any requirement of the Village SPDES permit. The term includes
prevention of sewage sludge use or disposal by the treatment works
in accordance with Section 405 of the Act (33 U.S.C. § 1345),
or any criteria, guidelines or regulations developed pursuant to the
Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances
Control Act or more stringent state criteria.
NATURAL OUTLET
Any outlet into a watercourse, pond, ditch, lake or other
body of surface or ground water.
NEW SOURCE
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.
PERSON
Any individual, partnership, copartnership, firm, company,
corporation, association, joint-stock company, trust, estate, governmental
entity or any other legal entity 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.
pH
The logarithm to the base 10 of the reciprocal of the concentration
of hydrogen ions, expressed in grams per liter of solution.
POLLUTANT
Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, chemical wastes, biological materials,
radioactive materials, heat, wrecked or discharged equipment, rock,
sand, cellar dirt and industrial, municipal and agricultural waste
discharged into water.
PRETREATMENT REQUIREMENTS
Any substantive or procedural requirement related to pretreatment,
other than a National Pretreatment Standard, imposed on an industrial
user.
PRETREATMENT or 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 to the treatment works.
SIGNIFICANT NONCOMPLIANCE
A user is in significant noncompliance if its violation(s)
meet(s) one or more of the following criteria:
[Added 1-3-2011 by L.L. No. 1-2011]
(1)
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.
(2)
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);
(3)
Any other violation of a pretreatment effluent limit (daily
maximum or long-term average) that the Superintendent of Public Works
determines has caused, alone or in combination with other discharges,
interference or pass through (including endangering the health of
POTW personnel or the general public);
(4)
Any discharge of a pollutant that has caused imminent endangerment
to human health, welfare or to the environment or has resulted in
the Superintendent of Public Works need to exercise emergency authority;
(5)
Failure to meet, within 90 days after the scheduled date, a
compliance schedule milestone contained in a local control mechanism
or enforcement order for starting construction, completing construction,
or attaining final compliance;
(6)
Failure to provide, within 30 days after the due date, required
reports such as baseline monitoring reports, ninety-day compliance
reports, periodic self-monitoring reports, and reports on compliance
with compliance schedules;
(7)
Failure to report accurately any noncompliance;
(8)
Any other violation which the Superintendent of Public Works
determines will adversely affect the implementation or operation of
the local pretreatment program.
SIGNIFICANT USER
Any user of the Village wastewater disposal system who:
(1)
Is subject to promulgated categorical pretreatment standards
(NRDC Consent Decree Industries);
(2)
Is found to have significant impact, either singly or in combination
with other contributing industries, on the wastewater treatment system,
the quality of sludge, the system's effluent quality or air emissions
generated by the system;
(3)
Is a manufacturing industry using, on an annual basis, more
than 10,000 pounds or 1,000 gallons of raw material containing priority
pollutants or substances of concern and discharging a measurable amount
of these pollutants to the sewer system; or
(4)
Contributes more than 5% of the flow or load carried by the
treatment plant.
SLUG
Any discharge of water or wastewater which, in concentration
of any given constituent or in quantity of flow, exceeds for any period
of duration longer than 15 minutes more than five times the average
twenty-four-hour concentration or flows during normal operation.
SPDES PERMIT
The State Pollutant Discharge Elimination System permit issued
by the New York State Department of Environmental Conservation pursuant
to Titles 7 and 8 of Article 17 of the Environmental Conservation
Law.
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
The State of New York.
STORMWATER
Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
SUPERINTENDENT
The Superintendent of Public Works or other such person designated
by the Village to supervise the operation of its treatment works or
his duly authorized representative,
SUSPENDED SOLIDS
The total suspended matter that floats on the surface of
or is suspended in water, wastewater or other liquids and which is
removable by laboratory filtering.
TECHNICAL REVIEW CRITERIA (TRC) VIOLATIONS
[Added 10-4-2010 by L.L. No. 8-2010]
(1)
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);
(2)
Any other violation of a pretreatment effluent limit (daily
maximum or long-term average) that the Superintendent of Public Works
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);
(3)
Any discharge of a pollutant that has caused imminent endangerment
to human health, welfare or to the environment or has resulted in
the Superintendent of Public Works need to exercise emergency authority;
(4)
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;
(5)
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;
(6)
Failure to report accurately any noncompliance;
(7)
Any other violation which the Superintendent of Public Works
determines will adversely affect the implementation or operation of
the local pretreatment program.
TOXIC POLLUTANT
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the Administrator of the EPA pursuant
to Section 307a of the Act.
TREATMENT WORKS
The Village of Suffern wastewater treatment plant, including
any sewers that convey wastewater to the treatment plant.
USER
Any person who contributes, causes or permits the contribution
of wastewater into the Village treatment system.
VILLAGE
The Village of Suffern, New York.
WASTEWATER
The liquid and water-carried industrial or domestic wastes
from dwellings, commercial buildings, industrial facilities and institutions,
together with any groundwater, surface water and stormwater that may
be present, whether treated or untreated, which is contributed into
or permitted to enter the treatment works.
WATERS OF THE STATE
All streams, lakes, ponds, marshes, watercourses, wells,
springs, reservoirs, aquifers, irrigation or 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.