As used in this Part 2, the following terms shall have the meanings indicated:
- 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 Director in a National Pollutant Discharge Elimination
System state with an approved state pretreatment program and the Regional
Administrator of the Environmental Protection Agency in a non-National
Pollutant Discharge Elimination System state or National Pollutant
Discharge Elimination System state without an approved state pretreatment
program. [Amended 12-27-2010 by Ord. No. 2010-23]
- A. If the user is a corporation:
- (1) 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 decisionmaking functions for the corporation; or
- (2) The manager of one or more manufacturing, production, or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000 (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
- B. If the user is a partnership or sole proprietorship; a general partner or proprietor, respectively.
- C. 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 his or her designee.
- D. The individuals described in Subsections A through C 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 City.
[Amended 12-27-2010 by Ord. No. 2010-23]
- For the purposes of the calculation of the daily indirect discharge of a pollutant in § 220-71, such average will be calculated as the sum of all daily values taken on days when processed wastewater is indirectly discharged divided by the number of days during which sampling events occurred during the pretreatment year of July 1 to June 30.[Added 12-27-2010 by Ord. No. 2010-23]
- 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 20º C., expressed in 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 three feet outside the inner face of the building wall.
- BUILDING SEWER
- The extension from the building drain to the public sewer or other place of disposal.
- CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD
- Any regulation containing pollutant discharge limits promulgated
by EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C.
§ 1317) which apply to a specific category of users and
which appear in 40 CFR Chapter I, Subchapter N, Parts 405 through
471.[Amended 12-27-2010 by Ord. No. 2010-23]
- The City of Schenectady, New York.
- CONTROL AUTHORITY
- The approval authority, defined above, or the Director, if
the City has an approved pretreatment program under the provisions
of 40 CFR Part 403.11.[Amended 12-12-1988 by Ord. No. 88-91]
- COOLING WATER
- The water discharged from any use, such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.
- DAILY INDIRECT DISCHARGE
- The indirect discharge of a pollutant measured during the
calendar day or any twenty-four-hour period that the Director determines
reasonably represents a calendar day for purposes of sampling. For
pollutants with limitations expressed in units of mass, the daily
indirect discharge is calculated as the total mass of the pollutant
discharged over the day. For pollutants with limitations expressed
in other units of measurement, the indirect daily discharge is calculated
as the average measurement of the pollutant over the day.[Added 12-27-2010 by Ord. No. 2010-23]
- The Department of Water and Wastewater of the City of Schenectady,
New York.[Amended 12-12-1988 by Ord. No. 88-91]
- DIRECT DISCHARGE
- The discharge of treated or untreated wastewater directly to the waters of the State of New York.
- The Director shall mean the Director of the Department of
Water and Wastewater of the City of Schenectady, New York, or his
or her designee. [Added 12-12-1988 by Ord. No. 88-91; amended 12-27-2010 by Ord. No. 2010-23]
- 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.
- FLASH POINT LIMITATION OF 140º F. OR 60º C.
- Prohibits discharges of pollutants with closed-cap flashpoint
of less than 140º F. or 60º C.[Added 6-19-1995 by Ord. No. 95-20]
- Solid wastes from the domestic and commercial preparation, cooking and dispensing of food and from handling, storage and sale of produce.
- GRAB SAMPLE
- A sample which is taken from a waste stream on a one-time 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 chemical toilets, campers, trailers, septic tanks and vacuum-pump tank trucks.
- INDIRECT DISCHARGE
- An indirect discharge is the introduction of pollutants into
the City POTW from any nondomestic source regulated under § 307(b),
(c) or (d) of the Clean Water Act.[Amended 12-27-2010 by Ord. No. 2010-23]
- INDUSTRIAL USER
- A source of indirect discharge which does not constitute a discharge of pollutants under regulations issued pursuant to Section 402 of the Act (33 U.S.C. § 1342).
- INDUSTRIAL WASTES
- The liquid wastes from industrial manufacturing processes, trade or business as distinct from sanitary sewage.
- A discharge, which alone or in conjunction with a discharge
or discharges from 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 the City’s
SPDES permit or of the prevention of sewage sludge use or disposal
in compliance with any of the following statutory/regulatory provisions
or permits issued thereunder, or any more stringent state or local
regulations; Section 405 of the Act; the Solid Waste Disposal Act,
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 Solid
Waste Disposal Act; the Clean Air Act; the Toxic Substances Control
Act; and the Marine Protection, Research, and Sanctuaries Act.[Amended 12-27-2010 by Ord. No. 2010-23]
- NATIONAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARDS
- 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 industrial users. This term
includes prohibitive discharge limits established pursuant to 40 CFR
403.5.[Amended 12-27-2010 by Ord. No. 2010-23]
- NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT
- A permit issued pursuant to Section 402 of the Act (33 U.S.C. § 1342).
- NATIONAL PROHIBITIVE DISCHARGE STANDARD or PROHIBITIVE DISCHARGE STANDARDS
- Any regulation developed under the authority of 307(b) of the Act and 40 CFR Part 403.5.
- NATURAL OUTLET
- Any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.
- 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 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.
- 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:
- (1) Begun, or caused to begin, as part of a continuous on-site construction program:
- (a) Any placement, assembly, or installation of facilities or equipment; or
- (b) 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
- (2) 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 definition.
[Amended 12-27-2010 by Ord. No. 2010-23]
- The New York State Department of Environmental Conservation or its duly authorized representative.
- PASS THROUGH
- A discharge which exits the publicly owned treatment works
into waters of the United States of America 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
publicly owned treatment works facility and/or National Pollutant
Discharge Elimination System permit (including an increase in the
magnitude or duration of the violation.)[Amended 6-19-1995 by Ord. No. 95-20]
- Any individual, firm, company, association, society, corporation or group.
- The logarithm of the reciprocal of the weight to hydrogen ions in grams per liter of solution.
- PLUMBING INSPECTOR
- The Plumbing Inspector of the City of Schenectady or his duly authorized assistants.
- 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.
- The man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water.
- POTW TREATMENT PLANT
- That portion of the POTW which is designed to provide treatment
(including recycling and reclamation) of municipal sewage and industrial
waste.[Amended 12-27-2010 by Ord. No. 2010-23]
- PRETREATMENT REQUIREMENTS
- Any substantive or procedural requirement related to pretreatment, other than a National Pretreatment Standard, imposed on an industrial user.
- The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties
in wastewater prior to or in lieu of discharging or otherwise introducing
such pollutants into a POTW. The reduction or alteration may be obtained
by physical, chemical or biological processes, process changes or
by other means, except as prohibited by 40 CFR 403.6(d) or this Code.
Appropriate pretreatment technology includes control equipment, such
as equalization tanks or facilities, for protection against surges
or slug loadings that might interfere with or otherwise be incompatible
with the POTW; however, where wastewater from a categorical standard
process is mixed in an equalization facility with unregulated wastewater
or with wastewater from another regulated process, the effluent from
the equalization facility must meet an adjusted pretreatment limit
calculated in accordance with 40 CFR 403.6(e).[Amended 12-27-2010 by Ord. No. 2010-23]
- PROCESS WASTEWATER
- Any water which, during manufacturing or processing, comes
into direct contact with or results from the production or use of
any raw material, intermediate product, by-product, or waste product.[Added 12-27-2010 by Ord. No. 2010-23]
- 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 with no particle greater than 1/2 inch (1.27 centimeters) in any dimension.
- PUBLICLY OWNED TREATMENT WORKS or POTW
- A "treatment works," as defined by Section 212 of the Act
(33 U.S.C. § 1292) which is owned by the City. This definition
includes any devices or systems used in the collection, storage, treatment,
recycling, and reclamation of sewage or industrial wastes of a liquid
nature and any conveyances which convey wastewater to a treatment
plant. It also includes sewers, pipes, and other conveyances if they
convey wastewater to the POTW.[Amended 12-27-2010 by Ord. No. 2010-23]
- PUBLIC SEWER
- A sewer in which all owners of abutting properties have equal rights and which is controlled by public authority.
- SANITARY SEWER
- A sewer which carries sewage and to which storm- , surface and ground waters are not intentionally admitted.
- A. A user subject to categorical pretreatment standards; or
- B. A user that:
- (1) Discharges an average of 25,000 gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater);
- (2) 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
- (3) Is designated as such by the City on the basis that it has a reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement.
- C. 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 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.
[Amended 12-27-2010 by Ord. No. 2010-23]
- State Pollutant Discharge Elimination System.
- 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, or its most recent edition.
- The State of New York.
- STORM DRAIN or STORM SEWER
- A sewer which carries storm- and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.
- Any flow occurring during or following any form of natural precipitation and resulting therefrom.
- 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.
- TOXIC POLLUTANT
- Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the United States Environmental Protection Agency under the provision of Clean Water Act Section 307(a) or other Acts.
- Any person who contributes, causes or permits the contribution of wastewater into the City's POTW.
- 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 POTW.
- WASTEWATER CONTRIBUTION PERMIT or WASTEWATER DISCHARGE PERMIT
- As set forth in § 220-44 of this Part 2.
- A channel in which a flow of water occurs, either continuously or intermittently.
- WATERS OF THE STATE
- 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.
Editor's Note: The former definition of "Commissioner of Health," which immediately followed this definition, was repealed 12-27-2010 by Ord. No. 2010-23.
Editor's Note: The former definition of "Superintendent," which immediately followed this definition, was repealed 12-12-1988 by Ord. No. 88-91.
"Shall" is mandatory; "may" is permissive.