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. For the purposes of this chapter,
"shall" is mandatory; "may" is permissive.
Sewage whose concentration of one or more characteristics
of normal sewage exceeds the maximum concentrations of the characteristics
of normal sewage. See "sewage, normal."
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 U.S. 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 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 NYCDEP for flow measurement or
determination of the concentration of pollutants or their surrogates
in waters, wastewater, and/or sludge.
The latest edition of any ASTM specification, when stipulated
in this chapter.
An authorized representative of the 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;
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 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.
Individual (or his/her authorized representative) appointed
by the Town Board who is responsible for inspecting construction activities
in the Town of Shandaken and for issuing building permits and certificates
of occupancy in the Town. The Building Inspector/Code Enforcement
Officer is the person with the overall responsibility for enforcing
the Town of Shandaken Sewer Use Law. He/she is also responsible for
receiving applications for the construction of new laterals (and their
sewer connections) and for submitting them to NYCDEP for approval.
As used herein, the term "Building Inspector" includes and is the
same as the "Code Enforcement Officer."
The portion of a lateral that extends from the property line
or theoretical curb cut up to the foundation of the structure being
served by the sewer system.
The peak hydraulic capacity of the POTW and pollutant loading
per day that the WWTP can process, while consistently meeting its
SPDES effluent discharge limits, as determined by NYCDEP.
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 wavelength 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 a structure with plumbing to a lateral.
A manhole accessible to wastewater treatment plant and/or
sewer system personnel such that samples collected from the manhole
represent the flow to the POTW from a specific source.
A pollutant that the POTW 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.
Any person who subdivides and/or acquires 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.
A violation of the Sewer Use Law that, unless immediately
corrected, poses a substantial and imminent threat to public health,
safety or welfare.
For the purpose of determining compliance with limitations prescribed by Article VII, Discharge Restrictions, 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.
Attachment of a new sewer main, with more than one user,
to an existing sewer main, unless otherwise designated as a lateral
by NYCDEP and the Building Inspector.
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.
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 and/or manufacturing and
is distinguished from domestic and 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 and/or manufacturing processes, as distinct
from sanitary sewage.
Water, other than wastewater, which 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, 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 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) (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; and
Marine Protection Research and Sanctuaries Act.
Pipe or conduit that goes from the sewer main up to the foundation
of a structure with plumbing that is used to transmit sewage from
the structure to the sewer collection system.
Any regulation containing pollutant discharge limits promulgated
by the EPA 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. These standards apply at the end of the categorical process
("end of process").
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.
Any source, the construction of which is commenced after
the publication of the proposed regulation prescribing a Section 307(c)
(33 U.S.C. § 1317(c)) 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.
Notice of violation.
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
wastewater treatment and sewage collection system.
New York City Department of Environmental Protection.
Rules and Regulations for the Protection from Contamination,
Degradation and Pollution of the New York City Water Supply and its
Sources, 10 NYCRR Part 128, 15 RCNY Chapter 18, as the same may be
amended from time to time.
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.
Garbage (shredded or unshredded), refuse, wood, egg shells,
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, 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(s) (including an increase in the magnitude or
duration of a violation).
A temporary revocable written document allowing use of 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."
The Pine Hill Sewer Service Area is the area shown on the
map attached hereto, entitled "Pine Hill Wastewater Treatment Plant's
Sewer Collection System Service Area Map," dated April 2010, as may
be amended from time to time in accordance with the Village Agreement
and/or Sewer Extension Program Agreement, and incorporated herein
as Appendix A.[1]
The New York City-owned wastewater treatment plant that services
the Pine Hill Sewer Service Area.
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 air resulting from the introduction of a pollutant into these
media.
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 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 wastewater treatment
and sewage collection system. 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).
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 Section 212 of the Act (33
U.S.C. § 1292). This definition includes any sewers and
appurtenances that transport wastewater to the WWTP but does not include
pipes, sewers, or other conveyances not connected directly or indirectly
to the WWTP. For the purposes of this chapter the Pine Hill Wastewater
Treatment Plant and its sewage collection system are considered the
POTW.
A natural watercourse or body of water (usually waters of
the state) into which treated or untreated sewage is discharged.
Shall include, but not be 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, e-mail, 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 and/or draining
from the surface of a roof for disposal.
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. 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 local, state, and New York City requirements.
Area within which structures with plumbing discharge wastewater
into the sewage collection system that connects to a WWTP or are eligible
to discharge wastewater into the sewage collection system pending
application and approval for a service connection.
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.
All facilities used for collecting, regulating, pumping,
and transporting sewage to a wastewater treatment plant, in this case
the Pine Hill WWTP.
Liquid wastes from the noncommercial preparation, cooking,
and handling of food, liquid wastes containing human excrement and
similar matter from the occupants in dwellings, commercial buildings,
industrial buildings, and institutions, or liquid wastes from clothes
washing 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, the following characteristics, and do not exceed any of the concentration limits set forth in §§ 102-60 and 102-61. In spite of satisfying one or more of these characteristics, if the sewage also contains substances of concern at a level that, in the opinion of NYCDEP, interferes with the treatment process and/or causes a violation of a SPDES effluent limitation, it shall not be considered normal sewage.
BOD (five-day): 2,090 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: 417 pounds per million (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.
Liquid wastes from the sanitary conveniences of dwellings
(including apartment houses and hotels), commercial buildings, industrial
buildings, 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 used for carrying or transporting sewage
to a wastewater treatment plant.
A sewer designed to receive and transport both surface runoff
and sewage.
The Agreement Between the City of New York and the Town or
Shandaken for a Sewer Extension to the Pine Hill WWTP, executed on
June 4, 2007 (the "agreement") which is attached hereto as Appendix
C.[2]
A sewer in which all abutting property owners have equal
rights to its use.
A sewer which carries sewage, and to which stormwater, surface
water, and groundwater 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.
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 NYCDEP 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 the environment or has resulted in the Building Inspector's exercise of its emergency authority under Article IX, Enforcement; Penalties for offenses, 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 intentional discharge of stormwater or groundwater other
than due to infiltration into house laterals or directly into sewer
mains where the connection was constructed after the effective date
of this chapter;
Any other violation which the Building Inspector (or in cases
where NYCDEP has exercised its enforcement authority hereunder, NYCDEP)
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 "sewage, normal") sufficient to cause
interference. In any event, a discharge, 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 be presumed
to 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 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 EPA publication "Sampling and Analysis
Procedures for Screening of Industrial Effluents for Priority Pollutants,"
April 1977, and amendments thereto, shall be used or any other procedure
approved by the NYCDEP.)
State of New York.
Permit issued by the New York State Department of Environmental
Conservation regulating the discharge of pollutants from new or existing
outlets or point sources into the waters of the state.
See "waters of the state."
Any flow occurring during or following any form of natural
precipitation; also the flow resulting therefrom.
The portion of a lateral that extends from the sewer main
to the property line (or theoretical curb cut).
Those compounds which the New York State Department of Environmental
Conservation has determined may be harmful to people or the environment.
A machine used for removing standing water from one location
and disposing it elsewhere.
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.
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 Shandaken, an incorporated municipality of the
State of New York.
Any substance, whether gaseous, liquid, or solid, that when
discharged to a public sewer in sufficient quantities may be hazardous
to the POTW operation and maintenance personnel, tend to interfere
with any biological sewage treatment process, or to constitute a hazard
to recreation in the receiving waters, due to the effluent from a
sewage treatment plant or overflow point. Toxic substances shall include,
without limitation, any pollutant or combination of pollutants listed
as toxic in regulations promulgated by the EPA under provisions of
CWA 307(a)[3] or other acts.
Any person who contributes, causes, or permits the contribution
of wastewater into the POTW, including but not limited to the owner
of a leased or rented property.
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 wastewater.
A discharger to the POTW who initiates discharge after the
effective date of this chapter.
An industrial user of the POTW who is:
A CIU; or
Except as provided in 40 CFR 403.3(v)(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; or
Except as provided in 40 CFR 403.3(v)(2), any other industrial
user that contributes a process wastestream which makes up 5% or more
average dry weather hydraulic or organic capacity of the POTW; or
Any other industrial user that NYCDEP, in consultation with
the Town, designates as having a reasonable potential for adversely
affecting the POTW's operation or for violating a pretreatment standard
or requirement.
The liquid and water-carried industrial or domestic wastewater
from dwellings, commercial establishments, industrial facilities,
and institutions, which is permitted to enter the POTW.
A permit that is granted that allows a connection to be made
to the sewer collection system.
That portion of a POTW that provides treatment to wastewater,
sludge and residuals derived from such treatment.
See "sewage, unusual strength or character."
The drainage basins of the Catskill, Delaware and Croton
Systems. Maps of the watershed are located at various offices within
NYCDEP.
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.
[1]
Editor's Note: Said map is on file in the Town offices.
[2]
Editor's Note: Appendix C is included at the end of this chapter.
[3]
Editor's Note: The Clean Water Act, Section 307(a), 33 U.S.C.
§ 1317(a).
The following abbreviations shall have the designated meanings:
|
ANSI
|
American National Standards Institute
|
|
ASTM
|
American Society for Testing and Materials
|
|
AWWA
|
American Water Works Association
|
|
BOD
|
biochemical oxygen demand
|
|
CFR
|
Code of Federal Regulations
|
|
COD
|
chemical oxygen demand
|
|
CPLR
|
Code of Public Law and Rules
|
|
EPA
|
Environmental Protection Agency
|
|
l
|
liter
|
|
mg
|
milligram
|
|
mg/l
|
milligrams per liter
|
|
NCPI
|
National Clay Pipe Institute
|
|
NPDES
|
National Pollutant Discharge Elimination System
|
|
NYCDEP
|
New York City Department of Environmental Protection
|
|
NYSDEC
|
New York State Department of Environmental Conservation
|
|
NYSDOH
|
New York State Department of Health
|
|
NYSDOT
|
New York State Department of Transportation
|
|
P
|
total phosphorus
|
|
ppm
|
parts per million, weight basis
|
|
psi
|
pounds per square inch
|
|
SIC
|
Standard Industrial Classification
|
|
SPDES
|
State Pollutant Discharge Elimination System
|
|
SWDA
|
Solid Waste Disposal Act, 42 U.S.C. § 6901 et seq.
|
|
TSS
|
total suspended solids
|
|
U.S.C.
|
United States Code of Laws
|
|
WWTP
|
wastewater treatment plant
|
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.
