As used in this Part 2, the following terms
shall have the meanings indicated:
The Federal Water Pollution Control Act, also known as the
"Clean Water Act, as amended," 33 U.S.C. § 1251 et seq.
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]
[Amended 12-27-2010 by Ord. No. 2010-23]
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 decisionmaking functions
for the corporation; or
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.
If the user is a partnership or sole proprietorship; a general
partner or proprietor, respectively.
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.
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.
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]
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.
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.
The extension from the building drain to the public sewer
or other place of disposal.
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.
A sewer receiving both surface runoff and sewage.[1]
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]
The water discharged from any use, such as air conditioning,
cooling or refrigeration, or to which the only pollutant added is
heat.
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]
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]
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.
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.
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.
Any waste from holding tanks, such as chemical toilets, campers,
trailers, septic tanks and vacuum-pump tank trucks.
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]
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).
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]
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]
A permit issued pursuant to Section 402 of the Act (33 U.S.C. § 1342).
Any regulation developed under the authority of 307(b) of
the Act and 40 CFR Part 403.5.
Any outlet into a watercourse, pond, ditch, lake or other
body of surface or ground water.
[Amended 12-27-2010 by Ord. No. 2010-23]
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 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.
Construction of a new source as defined under this definition
has commenced if the owner or operator has:
Begun, or 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 definition.
The New York State Department of Environmental Conservation
or its duly authorized representative.
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.
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.
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]
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]
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]
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.
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]
A sewer in which all owners of abutting properties have equal
rights and which is controlled by public authority.
A sewer which carries sewage and to which storm- , surface
and ground waters are not intentionally admitted.
[Amended 12-27-2010 by Ord. No. 2010-23]
A user subject to categorical pretreatment standards; or
A user that:
Discharges an average of 25,000 gpd or more of process wastewater
to the POTW (excluding sanitary, noncontact 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 on the basis that it 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 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.
State Pollutant Discharge Elimination System.
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.
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.[2]
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.
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.
A channel in which a flow of water occurs, either continuously
or intermittently.
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: The former definition of "Commissioner of Health,"
which immediately followed this definition, was repealed 12-27-2010
by Ord. No. 2010-23.
[2]
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.
