Current through Register Vol. 46, No. 12, March 20, 2024
(a) Unless the
context specifically indicates otherwise, the following words and terms,
without regard to capitalization, shall be construed or defined as follows:
(1) Acceptable limits means those amounts or
concentrations of pollutants that will allow consistent compliance with all
SPDES permit limits, residuals disposal regulations for non- hazardous wastes,
and satisfactory operation and maintenance of the entire water board POTW as
determined by the director.
(2) Act
or Water Board Act means the Niagara Falls Water Authority Act, codified as
section 1230-a et seq. of title 10-B and 10-C of article 5 of the New York
Public Authorities Law.
(3) Clean
Water Act means the Federal Water Pollution Control Act ( P.L. 92-500 ), as
amended by the Clean Water Act of 1977 ( P.L. 95-217 ) et seq., as
amended.
(4) Administrative order
means an order issued by the director to a water board POTW user and binding on
the user to the extent that the director is acting within his
purview.
(5) Approval authority
means USEPA, or NYSDEC, as the case may be.
(6) Authorized representative of industrial
user means:
(i) a principal executive officer
of at least the level of vice president, if the industrial user is a
corporation;
(ii) a general partner
or proprietor if the industrial user is a partnership or proprietorship,
respectively;
(iii) a duly
authorized representative of the individual designated above if such
representative is responsible for the overall operation of the facilities from
which the discharge originates (e.g., plant manager);
(7) Best management practices (BMPs) means
schedules of activities, prohibitions of practices, general good housekeeping
practices, pollution prevention and educational practices, maintenance
procedures, and other management practices to prevent or reduce the discharge
of pollutants directly or indirectly to stormwater, receiving waters, or
stormwater conveyance systems. BMPs also include treatment practices, operating
procedures, and practices to control site runoff, spillage or leaks, sludge or
water disposal, or drainage from raw materials storage.
(8) Board or water board means the Niagara
Falls Water Board, established pursuant to section 1231-b of the Water Board
Act, and its directors, employees, agents, together with any authorized
contractor, or any other person acting with written authority on behalf of the
board.
(9) Board schedule of rates
means a schedule of rates, fees and other charges established at least annually
and as modified from time to time by the water board.
(10) Building drain means 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. The building drain begins three feet from the
outside face of the building wall.
(11) Categorical pretreatment standard or
categorical standard means any regulation containing pollutant discharge limits
promulgated by the USEPA in accordance with section 307(b) and (c) of the Clean
Water Act which applies to a specific category of industrial user.
(12) Chlorine demand means the difference
between the amount of chlorine added to water or wastewater and the amount of
residual chlorine remaining at the end of a 20-minute contact period at room
temperature.
(13) City shall mean
the City of Niagara Falls, NY, its employees and agents, together with any
authorized contractor or other person acting with written authority on behalf
of the city.
(14) CIU or
categorical industrial user means any user which is regulated by USEPA in
accordance with sections 307(b) and (c) of the Clean Water Act which apply to a
specific category of users and which appear in 40 CFR chapter I, subchapter N,
parts 405-471.
(15) Clean Water Act
means the Federal Water Pollution Control Act (
33 U.S.C. section
1251 et seq.), and any subsequent amendments
thereto.
(16) Combined sewer means
a sewer intended to receive both wastewater and stormwater or surface
water.
(17) Compliance means
conformance with SIU or ICU discharge permit limits, and/or conformance with
all the terms of this Part. Compliance shall be determined by periodic
monitoring by the water board and/or self-monitoring, as applicable.
(18) Connection means and refers to the
pipeline from the sewer main to the building drain, control manhole or
monitoring station.
(19)
Construction activity means activities requiring authorization under the SPDES
permit for stormwater discharges from construction activity, GP-02-01, as
amended or revised. These activities include construction projects resulting in
land disturbance of one or more acres. Such activities include but are not
limited to clearing and grubbing, grading, excavating and demolition.
(20) Contamination or contaminated means
waters or wastewaters which contain polluting substances, or toxic substances,
as may be limited by section
1960.5
of this Part and/or applicable water quality standards.
(21) Control authority means the water
board.
(22) Control manhole means a
structure maintained by the owner and approved by the director that is
continuously and immediately accessible and adequate for the insertion of a
flow metering device and the collection of samples and suitable for inspection,
observation, sampling, testing and measuring of plant discharges.
(23) Cooling water means the water discharge
from any system of condensation, air conditioning, cooling or
refrigeration.
(24) CSIRU
(commercial/small industrial/residential user) shall include any person not
within the definition of a SIU, transporter or generator who discharges
wastewater to the water board POTW.
(25) De minimus means a quantity which in the
opinion of the director is too small to have a significant adverse effect upon
the water board POTW and/or its State SPDES discharge permit.
(26) Design flow means the daily flow for
which the water board POTW treatment plant was designed (i.e., 48 million
gallons per day).
(27) Design
loading means the daily loading of parameters (that is, total suspended solids,
chemical oxygen demand and phenols) utilized in the design of the water board
POTW as follows:
Total suspended solids - 100,000 pounds/day
Chemical oxygen demand - 145,000 pounds/day
Phenols - 275 pounds/day
(28) Director or department mean, without
other designation, the executive director of the water board, or other person
or persons designated by the director to act in his or her stead, and the
department of wastewater facilities of the water board, respectively.
(29) Diversion sewer means exclusively a
gravity conduit extending generally from a shaft of the Adams Tailrace Tunnel,
easterly in Buffalo Avenue, Packard Road, A Street and 47th Street, into which
the plants of the Buffalo Avenue industrial area discharge such waters as are
allowed under individual plant NPDES/SPDES permits.
(30) Easement means an acquired legal right
for the specific use of land owned by others.
(31) Excessive infiltration means
infiltration in excess of 4,000 gallons/day/inch/mile for existing combined or
sanitary sewers, and 200 gallons/day/inch/mile for new combined or sanitary
sewers, or greater as otherwise designated by the director.
(32) Garbage means the solid wastes from the
domestic or commercial handling, storage, dispensing, preparation, cooking or
serving of produce.
(33) Generator
means any person, by site, whose act or process produces hauled
waste.
(34) Groundwater means water
within the earth.
(35) Hauled waste
means all waste lawfully introduced to the water board POTW by means other than
through the water board sewer system.
(36) Hazardous materials means any material,
including any substance, waste, or combination thereof, which because of its
quantity, concentration, or physical, chemical, or infectious characteristics
may cause, or significantly contribute to, a substantial present or potential
hazard to human health, safety, property, or the environment when improperly
treated, stored, transported, disposed of, or otherwise managed.
(37) ICU (industrial commercial user) means
any person within the definition of CSIRU who has the potential to discharge
other than sanitary wastewater.
(38) ICU permit means and shall be the
wastewater discharge permit that may be required for ICUs for discharge of
wastewater into the water board POTW and issued pursuant to these regulations
and may contain discharge restrictions as deemed appropriate by the
director.
(39) Immediately means,
as it pertains to any abnormal discharge or spill, as soon as the spillage has
been controlled or within 30 minutes of discovery, whichever is
sooner.
(40) ILC (industrial
liaison committee) means a committee of the Niagara Falls Area Chamber of
Commerce established as an advisory group to the water board and the city for
the purposes of observing and consulting on the operation, maintenance, costs,
budgets, revenues and financial reports and for liaison work with all SIUs in
order to assure adequate water board POTW service to industrial
users.
(41) Illicit connection
means any drain or conveyance, whether on the surface or subsurface, which
allows an illegal discharge to enter the MS4, including but not limited to:
(i) any conveyances which allow any
non-stormwater discharge including treated or untreated sewage, process
wastewater, and wash water to enter the MS4 and any connections to the storm
drain system from indoor drains and sinks, regardless of whether said drain or
connection had been previously allowed, permitted, or approved by an authorized
enforcement agency; or
(ii) any
drain or conveyance connected from a commercial or industrial land use to the
MS4 which has not been documented in plans, maps, or equivalent records and
approved by an authorized enforcement agency.
(42) Illicit discharge means any direct or
indirect non-stormwater discharge to the MS4, except:
(i) water line flushing or other potable
water sources, landscape irrigation or lawn watering, existing diverted stream
flows, rising ground water, uncontaminated ground water infiltration into storm
drains, uncontaminated pumped ground water, foundation or footing drains, crawl
space or basement sump pumps, air conditioning condensate, irrigation water,
springs, water from individual residential car washing, natural riparian
habitat or wetland flows, dechlorinated swimming pool discharges, residential
street wash water, water from fire fighting activities, and any other water
source not containing pollutants, and unless the department or the municipality
has determined such discharges to be substantial contributors of
pollutants;
(ii) discharges
approved in writing by the SMO to protect life or property from imminent harm
or damage, provided that, such approval shall not be construed to constitute
compliance with other applicable laws and requirements, and further provided
that such discharges may be permitted for a specified time period and under
such conditions as the SMO may deem appropriate to protect such life and
property while reasonably maintaining the purpose and intent of this local law;
and
(iii) dye testing in compliance
with applicable State and local laws is an allowable discharge, but requires a
verbal notification to the SMO prior to the time of the test. 6.1.4
The prohibition shall not apply to any discharge permitted
under an SPDES permit, waiver, or waste discharge order issued to the
discharger and administered under the authority of the department, provided
that the discharger is in full compliance with all requirements of the permit,
waiver, or order and other applicable laws and regulations, and provided that
written approval has been granted for any discharge to the MS4.
(43) Industrial user
means any non-residential source of indirect discharge regulated under section
307(b), (c) or (d) of the Clean Water Act.
(44) Industrial wastes or industrial
wastewater means the liquid wastes, other than sanitary wastewater,
uncontaminated non-contact cooling water and boiler blowdown, resulting from
manufacturing, industrial or other processes and discharged by an industrial
user.
(45) Infiltration means the
water entering a sewer system from the ground through such means as, but not
limited to, defective pipes, pipe joints, connections, or manhole walls.
Infiltration does not include, and is distinguished from, inflow.
(46) Infiltration/inflow means the total
quantity of water from both infiltration and inflow without distinguishing the
source.
(47) Inflow means the water
discharged into a sewer system and service connections from such sources as,
but not limited to, roof leaders, cellar, yard and area drains, foundation
drains, cooling water discharges, drains from springs and swampy areas, manhole
covers, cross connections from storm sewers and combined sewers, catch basins,
stormwater, surface run- off, street wash water, or drainage. It does not
include, and is distinguished from, infiltration.
(48) Interference means a discharge which,
alone or in conjunction with a discharge or discharges from other sources,
both:
(i) inhibits or disrupts the water
board POTW, its treatment process or operations, or its sludge processes, use
or disposal of sludge; and
(ii)
therefore, is a cause of a violation of any requirement of the water board's
State SPDES discharge permit (including an increase in the magnitude or
duration of a violation) or of the prevention of a wastewater sludge use or
disposal in compliance with all applicable Federal and State laws and
regulations.
(49)
Monitoring station means a permanent structure constructed, maintained and
operated by and at the owner's expense and approved by the director as to
design and construction for the express purpose of providing an accessible
point out of the traveled way for metering and sampling waste discharges
continuously into the water board POTW in a safe and accurate manner.
(50) MS4 means municipal separate storm sewer
system.
(51) Municipal separate
storm sewer system means a conveyance or system of conveyances (including roads
with drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains):
(i) owned or operated by the Niagara Falls
Water Board;
(ii) designed or used
for collecting or conveying stormwater;
(iii) which is not a combined sewer;
and
(iv) which is not part of a
publicly owned treatment works (POTW) as defined herein.
(52) Natural outlet means any outlet into a
watercourse, pond, ditch, lake or other body of surface water or
groundwater.
(53) New source means
a facility from which there is, or may be, a discharge of pollutants,
construction of which began after the publication of the proposed pretreatment
standards pursuant to section 307 of the Clean Water Act, which will apply to
the facility if the standards are promulgated, provided certain location and
construction criteria are applicable.
(54) Non-compliance means non-conformance
with established limits as defined under compliance.
(55) Non-stormwater discharge means any
discharge to the MS4 that is not composed entirely of stormwater.
(56) NYSDEC means New York State Department
of Environmental Conservation.
(57)
Occupied building means and refers to any structure erected and intended for
habitation, occupancy or use by human beings or animals and from which
structure wastewater is or may be discharged.
(58) Operation and maintenance means the
process and act of keeping all facilities for collecting, pumping, treating and
disposing of wastewater, in a state of good repair and functioning properly
including the replacement of said facilities when necessary.
(59) Other wastes means solid wastes such as
garbage, refuse, wood, egg shells, coffee grounds, sawdust, shavings, bark,
sand, lime, cinder, ashes and all other discarded matter not normally present
in wastewaters.
(60) Owner means
the person or persons who legally own, lease, or occupy private property with
wastewater facilities, which discharge, or will discharge, to the water board's
POTW.
(61) Pass through means a
discharge containing pollutant(s) which exits the water board POTW into the
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 water board's SPDES discharge permit
(including an increase in the magnitude or duration of a violation).
(62) Person means any natural person, firm,
trustee, executor, personal representative, partnership, association, limited
partnership, limited liability company, limited liability partnership, joint
venture or corporation, or other legal entity whatsoever. The masculine gender
shall include the feminine, and the singular shall include the plural where
indicated by the context.
(63) pH
means the negative logarithm of the concentration of hydrogen ions in moles per
liter of solution.
(64) Pollutant
means dredged spoil, filter backwash, solid waste, incinerator residue, treated
or untreated sewage, garbage, sewage sludge, munitions, chemical wastes,
biological materials, radioactive materials, heat, wrecked or discarded
equipment, rock, sand and industrial, municipal, and agricultural waste or
ballast discharged into water; which may cause or might reasonably be expected
to cause pollution of the waters of the State in contravention of the
standards.
(65) Publicly owned
treatment works or (POTW) means treatment works as defined by section 212 of
the Clean Water Act (
33
U.S.C. section 1292 ) which are owned or
operated by the water board. This definition includes any devices and systems
used in the storage, treatment, recycling and reclamation of sewage or
industrial wastes of a liquid nature and any sewers, pipes, conveyances and
appurtenances that transport wastewater to or from the water board's treatment
plant. For the purposes of these regulations, POTW shall also include any
sewers that transport wastewater to the POTW from persons outside the water
board's service area who are, by contract or agreement with the water board,
users of the water board's POTW.
(66) Premises means any building, lot, parcel
of land, or portion of land whether improved or unimproved including adjacent
sidewalks and parking strips.
(67)
Premises accessible to the sewer system means and refers to real estate which
adjoins, abuts, is adjacent to or has access (within 100 feet) to the water
board POTW.
(68) Pretreatment means
the reduction of the amount of, or alteration of, pollutant properties in
wastewater prior to, or in lieu of, discharging or otherwise introducing such
pollutants into the water board POTW. The reduction or alteration can be
obtained by physical, chemical or biological processes, production process
changes or by other means, except as prohibited by
40 CFR
403.6 General Pretreatment Regulations for
Existing and New Sources of Pollution.
(69) Pretreatment requirements means any
substantive or procedural requirement related to pretreatment imposed on a
user, other than a pretreatment standard.
(70) Pretreatment standards, national
pretreatment standard or standards means prohibited discharge standards,
categorical pretreatment standards, local limits, or any regulation containing
pollutant discharge limits promulgated by USEPA under section 307(b) and (c) of
the Clean Water Act applicable to industrial users, including general and
specific prohibitions found in
40 CFR
403.5.
(71) Priority pollutant means a toxic
pollutant as defined under 307(a)(1) of the Clean Water Act requiring the USEPA
to publish a list of toxic pollutants after weighing the importance of each of
the following factors:
(i)
toxicity;
(ii)
persistence;
(iii) degradability;
and
(iv) effect on
organisms.
(72)
Right-of-way means a strip of land designated for travel by the public
(pedestrian and vehicular) and includes pavement, curbs, margin areas,
sidewalks, driveway approaches, etc.
(73) Sanitary sewer means a sewer that
carries liquid water-carried wastes from residences, commercial buildings,
industrial plants and institutions, together with minor quantities of ground,
storm, or surface waters that are not admitted intentionally.
(74) Sanitary wastewater means sewage
discharging from sanitary conveniences including but not limited to toilets,
washrooms, urinals, sinks, showers, drinking fountains, laundries, kitchens,
cafeterias, essentially free of industrial wastes or toxic material.
(75) Sewer lateral means the extension from
the building drain to the water board POTW.
(76) Shredded means at least 30 percent on a
dry basis passes a No. 40 U.S. Standard Sieve.
(77) SIU (significant industrial user) means
any person who:
(i) discharges wastewater
subject to Categorical Pretreatment Standards under
40 CFR
403.6 and 40 CFR chapter 1, subchapter N;
or
(ii) discharges an average of
25,000 gallons per day or more of process wastewater to the water board POTW
(excluding sanitary, non-contact cooling and boiler blowdown wastewater);
contributes a process wastestream which makes up five percent or more of the
average dry weather hydraulic or organic capacity of the water board POTW
treatment plant; or is designated as such by the Control Authority as defined
in
40 CFR
403.12(a) on the basis that
the industrial user has a reasonable potential for adversely affecting the
water board's POTW operation or for violating any pretreatment standard or
requirement.
(78) SIU
permit means the wastewater discharge permit that shall be required for SIUs
for discharge of wastewater into the water board POTW and issued pursuant to
these regulations and may contain discharge restrictions as deemed appropriate
by the director.
(79) Slug or slug
load means any wastewater discharge at a flow rate, concentration or load which
could result in any prohibited discharge listed in section
1960.5
of this Part.
(80) SNC (significant
non-compliance) means an industrial user is in significant noncompliance if its
violation meets one or more of the following criteria:
(i) chronic violations of wastewater
discharge limits, defined here as those in which 66 percent or more of all of
the measurements taken during a six-month period exceed (by any magnitude) the
daily maximum limit or the average limit for the same pollutant
parameter;
(ii) Technical Review
Criteria (TRC) violations, defined here as those in which 33 percent or more of
all of the measurements for each pollutant parameter taken during a six- month
period equal or exceed the product of the daily maximum limit or the average
limit multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil, and
grease; and 1.2 for all other pollutants except pH.);
(iii) any other violation of a pretreatment
effluent limit (daily limit or longer term average) that the water board
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);
(iv) any discharge of a pollutant that has
caused imminent endangerment to human health, welfare or to the environment or
has resulted in the POTW's exercise of its emergency authority under paragraph
(f)(1)(vi)(B) of section
40
CFR 403.8 to halt or prevent such a
discharge;
(v) 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;
(vi) failure to provide, within 30 days after
the due date, required report such as baseline monitoring reports, 90-day
compliance reports, periodic self-monitoring reports, and reports on compliance
with compliance schedules;
(vii)
failure to accurately report noncompliance; and
(viii) any other violation or group of
violations which the water board determines will adversely affect the operation
or implementation of the local pretreatment program.
(81) SOC (soluble organic carbon) shall mean
the measure of organic material as TOC in that portion of a water or waste that
has passed through a standard glass fiber filter. The glass fiber filter shall
be equivalent to that described in the procedure for residue determination and
the measurement of TOC shall be as set forth in the latest USEPA-approved
edition of Standard Methods for the Examination of Water and
Wastewater.
(82) SOC amenable to
carbon treatment means that portion of the SOC that is removed by granular
activated carbon treatment.
(83)
Special conditions means:
(i) discharge
compliance with water quality standards. The condition that applies where a
municipality has been notified that the discharge of stormwater authorized
under their MS4 permit may have caused or has the reasonable potential to cause
or contribute to the violation of an applicable water quality standard. Under
this condition the municipality must take all necessary actions to ensure
future discharges do not cause or contribute to a violation of water quality
standards.
(ii) 303(d) listed
waters. The condition in the municipality's MS4 permit that applies where the
MS4 discharges to a 303(d) listed water. Under this condition the stormwater
management program must ensure no increase of the listed pollutant of concern
to the 303(d) listed water.
(iii)
Total maximum daily load (TMDL) strategy. The condition in the municipality's
MS4 permit where a TMDL including requirements for control of stormwater
discharges has been approved by EPA for a waterbody or watershed into which the
MS4 discharges. If the discharge from the MS4 did not meet the TMDL stormwater
allocations prior to September 10, 2003, the municipality was required to
modify its stormwater management program to ensure that reduction of the
pollutant of concern specified in the TMDL is achieved.
(iv) The condition in the municipality's MS4
permit that applies if a TMDL is approved in the future by EPA for any
waterbody or watershed into which an MS4 discharges. Under this condition the
municipality must review the applicable TMDL to see if it includes requirements
for control of stormwater discharges. If an MS4 is not meeting the TMDL
stormwater allocations, the municipality must, within six months of the TMDL's
approval, modify its stormwater management program to ensure that reduction of
the pollutant of concern specified in the TMDL is achieved.
(84) Spill means to allow or to
cause, either inadvertently or intentionally, a substance to escape from its
normal container or containment system and enter the water board
POTW.
(85) State means the State of
New York.
(86) State pollutant
discharge elimination system (SPDES) stormwater discharge permit means a permit
issued by the department that authorizes the discharge of pollutants to waters
of the State.
(87) Storm sewer
means a sewer which is intended to carry solely storm and surface waters and
drainage directly to waters of the State, but excludes wastewaters other than
cooling waters and/or other unpolluted waters.
(88) Stormwater means water that is deposited
on the earth from such phenomena as rain, snow, hail or sleet. Stormwater means
rainwater, surface runoff, snowmelt and drainage.
(89) Stormwater management officer (SMO)
means an employee, the municipal engineer or other public official(s)
designated by the director to enforce this local law.
(90) TMDL means total maximum daily
load.
(91) TOC (total organic
carbon) shall mean a measure of the amount of organic material in a water or
waste expressed in milligrams of carbon per liter of solution. Measurement
shall be as set forth in the latest USEPA-approved edition of Standard Methods
for the Examination of Water and Wastewater.
(92) Total maximum daily load means the
maximum amount of a pollutant to be allowed to be released into a waterbody so
as not to impair uses of the water, allocated among the sources of that
pollutant.
(93) Transporter means
any person who delivers hauled waste via tank truck or rail car.
(94) TSS (total suspended solids) means
solids that are in suspension in water or wastewater, and which are removable
by filtration. Measurement shall be as set forth in the latest USEPA-approved
edition of Standard Methods for the Examination of Water and
Wastewater.
(95) Toxic pollutants
means those substances as defined and referred to in the act or as designated
by the commissioner of the NYSDEC.
(96) Uncontaminated means waters (or
wastewaters) which are not contaminated.
(97) USEPA means the United States
Environmental Protection Agency.
(98) User means and refers to any person
whose premises are connected to the water board POTW or MS4, or effluent source
that directly or indirectly contributes, causes or permits the contribution of
waste into or through the POTW or stormwater through the MS4.
(99) Wastewater means water that is not
stormwater, is contaminated with pollutants and is or will be
discarded.
(100) Water board sewer
system means all sewer pipes and other appurtenances which are used or useful
in whole or in part in connection with the collection, treatment or disposal of
wastewater, industrial waste or other properly shredded wastes and which are
owned, operated and maintained by the water board, including wastewater pumping
stations and wastewater treatment and disposal facilities, but excluding
separate storm sewers and the diversion sewer. Preferred current terminology
water board POTW shall be used throughout the text of this Part.
(101) Water board's SPDES discharge permit
means the current State or National Pollutant Discharge Elimination System
Permit, as issued by the NYSDEC or the USEPA, to the water board.