[Ord. of 4-8-1999, § 1]
Unless the context specifically indicates otherwise, the meaning
of terms used in this chapter shall be as follows:
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. Section 1251 et seq.
The Regional Administrator for EPA Region 2.
If the user is a corporation, 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
If the user is a partnership or sole proprietorship, a partner
or proprietor, respectively; or
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 governmental
facility, or their designee; or
A representative who is either responsible for the overall operation
of the industrial user facility or is duly authorized to bind his
principal.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20° C. (68° F.) expressed in terms of concentration in
parts per million (ppm) or in terms of weight in milligrams per liter
(mg/l).
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.
The extension from the building drain to the public sewer
or other place of disposal.
The intentional diversion of waste streams from any portion
of an industrial user's treatment facility.
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. Section 1317(b) and (c)) which apply to a specific category
of industrial users and which are set forth in 40 CFR Chapter I, Subchapter
N, Parts 405 through 471.
The difference between the amount of chlorine added to water,
sewage or industrial wastes and the amount of residual chlorine remaining
at the end of a twenty-minute contact period at room temperature.
The City of Poughkeepsie, New York.
Any sewer owned and/or operated by the City of Poughkeepsie.
The trunk sewers, force mains, pumping stations, sewage regulators,
water pollution control plants, POTWs and other appurtenant structures
owned and/or operated by the City of Poughkeepsie.
A sewer intended to serve as a sanitary sewer and a storm
sewer, or as an industrial sewer and a storm sewer.
The City Engineer for the City of Poughkeepsie.
The water discharged from any system of condensation, air
conditioning, cooling, refrigeration or other sources to which the
only pollutant added is heat.
The County of Dutchess, New York.
The Dutchess County Department of Health.
The discharge of treated or untreated wastewater directly
to the waters of the State of New York.
The person designated and appointed by the City of Poughkeepsie
as the City Engineer to, among other things, supervise the operation
and maintenance of the POTW and treatment works and who is charged
with certain duties and responsibilities by this chapter, or a duly
authorized representative.
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.
Wastes from the domestic and commercial preparation, cooking
and dispensing of food and from the handling, storage and sale of
produce.
An individual sample collected over a period of time not
exceeding 15 minutes which is taken from a waste stream on a one-time
basis without regard to the flow in the waste stream or the time at
which the sample is taken.
Scavenger wastes or any waste from holding tanks such as,
but not limited to, vessels, chemical toilets, campers, trailers,
septic tanks and vacuum-pump tank trucks.
The introduction of pollutants into the POTW or to any public
sewer tributary thereto from any nondomestic source regulated under
Section 307(b), (c) or (d) of the Act.
An industrial user.
A source of indirect discharge as defined above.
The liquid wastes from an industrial manufacturing process,
trade or business as distinct from sanitary sewage.
A discharge which, alone or in conjunction with a discharge
or discharges from other sources, both inhibits or disrupts the POTW,
its treatment process or operation or its sludge process, use or disposal;
and therefore, is a cause of a violation of the POTW's NPDES permit
or SPDES permit or of the prevention of sewage sludge use or disposal
in compliance with any of the following statutory or regulatory provisions
or permits issued thereunder, or any more stringent state or local
regulations: Section 405 of the Act; the Solid Waste Disposal Act
(SWDA), including Title II, commonly referred to as the Resource Conservation
and Recovery Act (RCRA); any state regulations contained in any state
sludge management plan prepared pursuant to Subtitle D of the SWDA;
the Clean Air Act; the Toxic Substances Control Act; and the Marine
Protection, Research and Sanctuaries Act.
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 any other wastes which can be considered medical in nature.
A permit issued to a POTW pursuant to Section 402 of the
Act.
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with Section 307(b) and (c) of the Act, which
apply to industrial users. This term includes prohibitive discharge
limits established pursuant to 40 CFR 403.5, categorical pretreatment
standards and any local limits.
The absolute prohibitions against the discharge of certain substances set forth in Section 14 1/2-52 of this chapter and/or any regulation developed under the authority of Section 307(b) of the Act.
Any watercourse, pond, ditch, lake or other body of surface
or ground water.
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:
The building, structure, facility or installation is constructed
at a site at which no other source is located; or
The building, structure, facility or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source; or
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 integrated with the existing plant and the extent
to which the new facility is engaged in the same general type of activity
as the existing source should be considered.
Construction of a new source as defined under this subsection
has commenced if the owner or operator has:
Begun, or has 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
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.
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)(1) or (3) of this definition
but otherwise alters, replaces or adds to existing process or production
equipment.
Sewage or other wastes, exclusive of sewage from industrial
users and significant industrial users, which, when analyzed, show
by weight the following characteristics:
Solid waste, garbage (shredded or unshredded), refuse, wood,
sawdust, shavings, bark, sand, lime, cinders, ashes and all other
discarded matter not normally present in sewage or industrial wastes.
A discharge which exits the POTW into the receiving waters
or waters of the United States in quantities or concentrations which,
alone or in conjunction with a discharge or discharges from other
sources, is a cause of a violation of any requirement of the POTW's
NPDES or SPDES permits (including an increase in the magnitude or
duration of a violation).
Any individual, firm, company, association, society, corporation,
partnership, copartnership, joint stock company, trust, estate, governmental
entity or any other legal entity or their legal representatives, agents
or assigns. This definition includes all federal, state and local
governmental entities.
The measure of the acidity or alkalinity of a solution expressed
as the logarithm of the reciprocal of the weight of hydrogen ions
in grams per liter of solution.
Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, sewage sludge, munitions, chemical wastes,
medical wastes, biological materials, radioactive materials, heat,
wrecked or discharged equipment, rock, sand, cellar dirt, industrial,
municipal and agricultural waste discharged into water and certain
characteristics of wastewater (e.g., pH, temperature, TSS, turbidity,
color, BOD, COD, toxicity or odor).
The man-made or man-induced alteration of the chemical, physical,
biological or radiological integrity of water.
That portion of the POTW which is designed to provide treatment
(including recycling and reclamation) of municipal sewage and industrial
wastewater.
The reduction of the amount of pollutants, the elimination
of pollutants or the alteration of the nature 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. This reduction or alteration
can be obtained by physical, chemical or biological processes; by
process changes; or by other means, except by diluting the concentration
of the pollutants unless allowed by an applicable pretreatment standard
or requirement.
Any substantive or procedural requirement related to pretreatment,
other than a national pretreatment standard imposed on an industrial
user.
Includes, but need not be limited to, any septic tank, cesspool,
privy, privy vault, latrine, outhouse and all facilities for collecting,
regulating, pumping and transporting sewage to and from a private
sewage disposal system.
The wastes from the preparation, cooking and dispensing of
food that has been shredded to such a degree that all particles will
be carried freely under the flow conditions normally prevailing in
public sewers, with no particle greater than inch in any dimension.
A sewer controlled by a public authority.
A treatment works, as herein defined, which is owned and/or
operated by the City of Poughkeepsie.
A natural outlet.
Sewage discharging from the sanitary conveniences of dwellings,
apartment houses, hotels, office buildings, factories or institutions
and free from stormwater, surface water, industrial wastes and other
wastes.
A sewer intended to carry only sanitary or sanitary and industrial
wastewaters from residences, commercial buildings, industrial plants
and institutions, and to which storm-, surface and ground waters are
not intentionally admitted.
Suitable conditioned human excrement in a fluid state, and
this only when such material is collected from septic tanks, cesspools,
approved types of chemical toilets or from yachts or small boats,
either directly or indirectly, and also sewage sludge from sewage
treatment plants.
Substantial physical damage to property, damage to the treatment
facilities which causes them to become inoperable or substantial and
permanent loss of natural resources which can reasonably occur in
the absence of a bypass. Severe property damage does not mean economic
loss caused by delays in production or operation.
A combination of the water-carried wastes, including but
not limited to human excrement and gray water (household showers,
dishwashing operations, etc.) from residences, businesses, buildings,
institutions and industrial establishments, together with such ground-,
surface and storm water as may be inadvertently present. The admixture
of sewage as above defined with industrial wastes or other wastes
also shall be considered sewage within the meaning of this definition.
A POTW treatment plant as herein defined.
A pipe or conduit for carrying sewage.
All facilities for collecting, regulating, pumping and transporting
sewage to and away from the POTW treatment plant.
Is mandatory; may is permissive.
Any industrial user of the city's POTW who:
Is subject to federal categorical pretreatment standards under
40 CFR 403.6 and 40 CFR Chapter I, Subchapter N; or
Any other industrial user that:
Discharges an average flow of 25,000 gallons per day or more
of process wastewater to the POTW (excluding sanitary, cooling and
boiler blowdown wastewater);
Contributes a process waste stream which makes up 5% or more
of the average dry weather hydraulic or organic capacity of the POTW
treatment plant; or
Is designated as such by the City Engineer on the basis that
the industrial user has a reasonable potential for adversely affecting
the POTW's operation or for violating any pretreatment standard or
requirement.
Upon a finding that a user meeting the criteria in subsection (b) has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the City Engineer may at any time, on his 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.
Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in Section 14 1/2-52 of this chapter or any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or noncustomary batch discharge.
All putrescible and nonputrescible materials or substances
that are discarded or rejected as being spent, useless, worthless
or in excess to the owners at the time of such discard or rejection,
including but not limited to garbage, refuse, rubbish, industrial
and commercial waste, sludge from air or water treatment or wastewater
treatment plant, water supply treatment plant or air pollution control
facility, ashes, contained gaseous material, incinerator residue,
construction and demolition debris, discarded automobiles, offal and
other discarded materials including solid, liquid or semisolid material
resulting from industrial, commercial, mining and agricultural operations
and from community activities but does not include solid or dissolved
material in domestic sewage.
The State of New York.
A permit issued by the New York State Department of Environmental
Conservation to the POTW pursuant to a permit program approved pursuant
to Section 402 of the Act (33 U.S.C. Section 1342).
A classification pursuant to the latest edition and amendments
of the Standard Industrial Classification Manual issued by the Executive
Office of the President, United States Office of Management and Budget.
A sewer intended to carry only stormwater, surface runoff,
streetwash waters and drainage, but excluding industrial wastewaters
other than cooling waters and unpolluted waters.
Any flow occurring during or following any form of natural
precipitation and resulting therefrom, including snow and ice melts.
Total suspended matter that floats on the surface of or is
suspended in water, wastewater, sewage or other liquids and which
is removable by laboratory filtering or floatation, skimming or sedimentation.
Measurement shall be as set forth in the latest edition of Standard
Methods for the Examination of Water and Wastewater.
Any pollutant or combination of pollutants listed as toxic
pursuant to Section 307(a) (33 U.S.C. Section 1317) of the Act, or
as promulgated by USEPA, NYSDEC or the City Engineer.
Toxic pollutants as herein defined.
Any devices and systems used in the collection, storage,
treatment, recycling and reclamation of municipal sewage or industrial
waste of a liquid nature or necessary to recycle or reuse water, and
any conveyances which convey wastewater to a treatment plant, including
but not limited to intercepting sewers, outfall sewers, sewage collection
systems, pumping, power and other equipment and their appurtenances,
extensions, improvements, remodeling, additions and alterations thereof;
elements essential to provide a reliable recycled supply, such as
standby treatment units and clear well facilities; and any works,
including site acquisitions of the land that will be an integral part
of the treatment process (including land used for the storage of treated
wastewater in land treatment systems prior to land application) or
is used for ultimate disposal of residues resulting from treatment;
any other method or system for preventing, abating, reducing, storing,
treating, separating or disposing of municipal waste, including stormwater
runoff, industrial waste or waste in combined storm sewer and sanitary
sewer systems.
Any exceptional incident in which there is unintentional
and temporary noncompliance with any pretreatment standard or requirement
because of factors beyond the reasonable control of the industrial
user. An upset does not include noncompliance to the extent caused
by operational error, improperly designed treatment facilities, inadequate
treatment facilities, lack of preventive maintenance or careless or
improper operation.
A channel in which a flow of water occurs, either continuously
or intermittently, including but not limited to ditches, lakes, rivers
and streams.
The liquid and water-carried industrial or domestic wastes
from dwellings, industrial facilities and institutions, together with
any groundwater, surface water and stormwater that may be present,
whether treated or untreated, which is contributed or permitted to
enter the POTW.
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.
[Ord. of 4-8-1999, § 1]
The following abbreviations shall have the designated meanings:
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BOD — Biochemical oxygen demand.
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CFR — Code of Federal Regulations.
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COD — Chemical oxygen demand.
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EPA and USEPA — United States Environmental Protection
Agency.
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l — Liter.
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mg — Milligrams.
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mg/l — Milligrams per liter.
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NPDES — National pollutant discharge elimination system.
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NYSDEC — New York State Department of Environmental Conservation.
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POTW — Publicly owned treatment works.
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PPM — Parts per million.
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RCRA — Resource Conservation and Recovery Act, 44 U.S.C.
Section 6901 et seq.
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SIC — Standard industrial classification.
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SPDES — State pollutant discharge elimination system.
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SWDA — Solid Waste Disposal Act, 42 U.S.C. Section 6901
et seq.
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USC — United States Code.
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TSS — Total suspended solids.
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