§ 150-3. Definitions; word usage., Article I. General Provisions, Chapter 150. Sewers, Part II. General Legislation, Code of Ordinances, Lockport, City

Unless the context specifically indicates otherwise, the meanings of terms used in this chapter shall be as stated in this section below:

ACT OR THE ACT: The Federal Water Pollution Control Act, also known as the "Clean Water Act," as amended.

APPROVAL AUTHORITY: The Director in an NPDES state with an approved state pretreatment program or the appropriate regional administrator of the USEPA in a non-NPDES state or NPDES state without a USEPA-approved state pretreatment program.

AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER: May be:

BOD (BIOCHEMICAL OXYGEN DEMAND): The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20° C. expressed in milligrams per liter.

BUILDING DRAIN: That part of the lowest horizontal piping of a drainage system which receives discharge from 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: The extension from the building drain to the public sewer or other place of disposal.

CITY: The City of Lockport, New York.

COMBINED SEWER: A sewer designed to receive both surface runoff and sewage.

COOLING WATER: The water discharged from any use such as air-conditioning, cooling or refrigeration, or to which the only pollutant added is heat.

DIRECTOR OF UTILITIES: The person designated by the City to supervise the operation of the Lockport wastewater treatment plant.

DRAINAGE WATER: Stormwater, surface water or groundwater which is or has been conveyed from its original source.

ENVIRONMENTAL PROTECTION AGENCY OR EPA OR USEPA: 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.

GARBAGE: The solid waste from the preparation, cooking and dispensing of food and from the handling, storage and sale of produce.

GROUNDWATER: Water within the earth.

INDIRECT DISCHARGE: The discharge or the introduction of nondomestic pollutants from any source regulated under § 307(b) or (c) of the Act into the wastewater treatment facility, including holding tank waste discharged into the system.

INDUSTRIAL WASTES: The liquid wastes from industrial processes as distinct from sanitary sewage.

INTERFERENCE: The inhibition or disruption of the wastewater treatment plant processes or operations which contributes to a violation of any requirement of the City's SPDES permit. The term includes restriction of sewage sludge use or disposal by the wastewater treatment plant in accordance with all applicable state or federal guidelines and regulations.

LABORATORY DETERMINATION: The measurements, tests and analyses of the characteristics of waters and wastes in accordance with the methods specified in 40 CFR 136 or equivalent methods approved by USEPA.

NATIONAL CATEGORICAL PRETREATMENT STANDARD: Any regulation containing specific pollutant discharge limitations promulgated by the USEPA in accordance with § 307(b) and (c) of the Act which applies to specific categories of industries as determined by the industries' Standard Industrial Classification Code.

NATIONAL PRETREATMENT STANDARD OR PRETREATMENT STANDARD: Any regulation containing pollutant discharge limits applicable to industrial users, including categorical pretreatment standards and the local limits and prohibited discharge standards developed to implement the general and specific prohibitions found in 40 CFR 403.5.

NATIONAL PROHIBITIVE DISCHARGE STANDARD OR PROHIBITIVE DISCHARGE STANDARD: Any regulation developed under the authority of § 307(b) of the Act and 40 CFR 403.5.

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 § 307(c) of the Clean Water Act, which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that any of the criteria identified below are met:

NPDES PERMIT: National Pollutant Discharge Elimination System permit issued pursuant to § 402 of the Act.

NPDES STATE: A state which has a USEPA-approved NPDES permit program.

NYSDEC: The New York State Department of Environmental Conservation or other duly authorized official of said Department.

OWNER: The owner of record of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee or other person, from or corporation in control of a building.

PASS THROUGH: A discharge which exits the POTW into 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 SPDES permit (including an increase in the magnitude or duration of a violation).

PERSON: Any individual, firm, company, association, society, governmental entity, corporation or group.

PH: The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in moles per liter of solution.

POLLUTANT: Any substance which may not normally be present in natural water or a substance which may be potentially toxic or otherwise objectionable. This particularly includes but is not limited to 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.

POLLUTION: The man-made or man-induced alteration of the chemical, physical, biological or radiological integrity of water.

POTW: Publicly owned treatment works as defined by § 212 of the Act (33 U.S.C. § 1292), which is owned in this instance by the City. This definition includes any publicly owned devices and systems which are used in the transportation, storage, treatment, recycling and reclamation of municipal or industrial wastes of a liquid nature, including wash water treatment sludge to or at the City's POTW treatment plant and which convey wastewater to the POTW treatment plant. For the purposes of this chapter, POTW shall also include any sewers that convey wastewaters to the POTW from areas outside the City which are, by contract or agreement with the City, users of the City's POTW treatment plant.

POTW TREATMENT PLANT (SEWAGE TREATMENT PLANT): That portion of the City's POTW designed to provide treatment.

PRETREATMENT OR TREATMENT: The reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutants in the wastewater to render them less toxic prior to, or in lieu of, discharging or otherwise introducing such pollutants into the POTW. The reduction or alteration of pollutants can be obtained by physical, chemical or biological processes, process changes or by other means, except as prohibited by 40 CFR 403.6(d).

PRETREATMENT REQUIREMENTS: Any substantive or procedural requirement related to pretreatment, other than a National Pretreatment Standard imposed on an industrial user.

PROPERLY SHREDDED: Wastes that have been shredded to such a degree that all particles will be carried in freely flowing sewage with no particle greater than 1/2 inch in any dimension.

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 in any dimension.

PUBLIC SEWER: A sewer in which all owners of abutting properties have equal rights and is controlled by public authority.

SANITARY SEWER: A sewer which was intentionally designed to carry sewage and to which stormwater, surface water and groundwater were not intentionally designed to be admitted.

SEPTAGE: 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.

SEWAGE: A combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such groundwaters as may be present.

SEWER: A pipe or conduit for carrying sewage.

SIGNIFICANT INDUSTRIAL USER

(1)

All industrial users subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N; and

(2)

Any other industrial user that discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater); contributes a process waste stream which makes up to 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or is designated as such by the Control Authority as defined in 40 CFR 402.12(a) 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 requirements in accordance with 40 CFR 403.8(f)(6).

SLUG DISCHARGE: A wastewater discharge which has a flow rate or which contains a regulated pollutant concentration or mass quantities of pollutants that exceed, for more than 15 minutes, five times the average daily flow, pollutant concentration or pollutant loading during normal operation.

SPDES (STATE POLLUTION DISCHARGE ELIMINATION SYSTEM): The state system through which permits are issued to regulate discharge into navigable waters from all point sources of pollution, including industries and municipal wastewater treatment plants as specified in Parts 750 through 757, Chapter X, Division of Water Resources, Title 6, Official Compilation of Codes, Rules and Regulations, effective August 29, 1975, as amended.

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.

STORM SEWER OR STORM DRAIN: A sewer which was designed to carry stormwaters, surface waters or drainage, but not sewage and polluted industrial wastes.

STORMWATER: Any flow occurring during or following any form of natural precipitation and resulting therefrom.

SURFACE WATER: Any water produced naturally or otherwise which is on the ground surface.

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: Those pollutants or combinations of pollutants, including disease-causing agents, which, after discharge and upon exposure, ingestion, inhalation or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, are known to cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunctions in reproduction) or physical deformations in such organisms or their offspring. "Toxic pollutants" shall include, but not be limited to, any pollutant identified pursuant to § 307(a) of the Clean Water Act.

USEPA: Environmental Protection Agency.

USER: Any person who contributes, causes or permits the contribution of wastewater into the City's POTW.

WASTEWATER: The liquid- and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities and institutions, together with any groundwater, surface water, stormwater or drainage that may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW.

WASTEWATER DISCHARGE PERMIT: A permit issued by the City specifying the provisions and requirements for the user to discharge wastewater to the City's POTW.

WATERCOURSE: A channel in which a flow of water occurs either continuously or intermittently.