ND WATER
[HISTORY: Adopted by the Town Board of the town of Pendleton 4-7-1981. Amendments
noted where applicable.]
GENERAL REFERENCES
Drainage See Ch. 122.
Fire prevention and building construction See Ch. 132.
Plumbing See Ch. 194.


§ 209-1. Definitions and word usage.
A. Unless the context specifically indicates otherwise, the meaning of terms used in
this chapter shall be as follows:

ABNORMAL POLLUTANT Industrial waste, substance or wastewater characteristic
in excess of that found in normal sewage, but which is otherwise acceptable into a public
sewer under the terms of this chapter.

ABNORMAL POLLUTANT SURCHARGE The charge levied against any person for
services rendered during treatment of abnormal pollutants or waste. This charge is
intended to partially defray the added cost of transporting and treating abnormal
pollutants or waste. This charge shall be in addition to the usual monthly charge for
sanitary sewerage service.

ABNORMAL SEWAGE Any industrial waste having a suspended solids or BOD
content in excess of that found in normal sewage but which is otherwise acceptable into a
public sewer under the terms of this chapter.

ABNORMAL SEWAGE PERMIT A permit approved by and received from the
engineer permitting the discharge or deposit of abnormal sewage into a sanitary sewer
upon payment of a surcharge.

ABNORMAL SEWAGE SURCHARGE The charge levied against any person for
services rendered during treatment of abnormal sanitary sewage or waste. This charge is
intended to partially defray the added cost of transporting and treating abnormal sewage
or waste. This charge shall be in addition to the usual monthly charge for sanitary
sewerage service.

ACT The Federal Clean Water Act, as amended.

APPLICANT The person or persons who have properly applied for permission to
hook up and install an acceptable sewer system within an organized Town Sewer
Improvement Area.

ASTM The American Society for Testing and Materials.
BEST MANAGEMENT PRACTICES (BMPS) 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.
[Added 10-2-2007 by L.L. No. 3-2007]
BOD STRENGTH INDEX The measure of the biochemical oxygen demand content
of sewage in parts per million (milligrams per liter).

BOD (DENOTING BIOCHEMICAL OXYGEN DEMAND) The quantity of oxygen
utilized in the biochemical oxidation of organic matter under standard laboratory
procedure in five (5) days at twenty degrees Celsius (20° C.), expressed in milligrams per
liter.

BUILDING DRAIN That part of the lowest horizontal piping of a sewerage system
which receives discharge from sewerage pipes inside the walls of the building and
conveys it to the building sewer, beginning five (5) feet [one and five-tenths (1.5)]
meters) 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.

CODE ENFORCEMENT OFFICER (CEO) An individual appointed by the Town
Board to enforce this section. The CEO shall, within the time prescribed by law, obtain
such basic training, in-service training, advanced in-service training and other training as
the State of New York shall require for code enforcement personnel.
[Added 10-2-2007 by
L.L. No. 3-2007]
CONSTRUCTION ACTIVITY Any activity requiring authorization under the SPDES
Permit for Stormwater Discharges from Construction Activity, GP-02-01, as amended or
revised, including construction projects resulting in land disturbance of one or more
acres. Construction activities include but are not limited to clearing and grubbing,
grading, excavating, and demolition.
[Added 10-2-2007 by L.L. No. 3-2007]
COOLING WATER The water discharged from any system of condensation, such as
air conditioning, cooling or refrigeration.

DEPARTMENT The New York State Department of Environmental Conservation.

[Added 10-2-2007 by L.L. No. 3-2007]
ENGINEER The Engineer of the town or his authorized deputy, agent or
representative.

GARBAGE Solid wastes from the domestic and commercial preparation, cooking and
dispensing of food and from the handling, storage and sale of produce.

HAZARDOUS MATERIALS 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.
[Added 10-2-
2007 by L.L. No. 3-2007]
ILLICIT CONNECTION Any drain or conveyance, whether on the surface or
subsurface, which allows an illegal discharge to enter the MS4, including but not limited
to:
[Added 10-2-2007 by L.L. No. 3-2007]
(1) Any conveyance which allows any nonstormwater discharge including treated
or untreated sewage, process wastewater, and wash water to enter the MS4
and any connection to the storm sewer 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

(2) 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.

ILLICIT DISCHARGE Any direct or indirect nonstormwater discharge to the MS4,
except as exempted in § 209-12D of this chapter.
[Added 10-2-2007 by L.L. No. 3-2007]
INDUSTRIAL ACTIVITY Activities requiring the SPDES Permit for Discharges
From Industrial Activities Except Construction, GP-98-03, as amended or revised.
[Added
10-2-2007 by L.L. No. 3-2007]
INDUSTRIAL WASTE PERMIT A permit to deposit or discharge industrial waste
into any sanitary sewer in the town.

INDUSTRIAL WASTES The liquid wastes from industrial manufacturing processes,
trade, business, institutions or other SIC Index, as distinct from sanitary sewage.

LABORATORY DETERMINATION The measurements, tests and analyses of the
characteristics of waters and wastes in accordance with the methods contained in the
latest edition at the time of any such measurement, test or analysis of Standard Methods
for Examination of Water and Sewage, a joint publication of the American Public Health
Association, the American Waterworks Association and the Water Pollution Control
Federation, or in accordance with any other method prescribed by the Commissioner by
rules and regulations promulgated pursuant to this chapter.

MS4 Municipal separate storm sewer system.
[Added 10-2-2007 by L.L. No. 3-2007]
MUNICIPAL SEPARATE STORM SEWER SYSTEM A conveyance or system of
conveyances (including roads with drainage systems, municipal streets, catch basins,
curbs, gutters, ditches, man-made channels, or storm sewers):
[Added 10-2-2007 by L.L.
No. 3-2007]
(1) Owned or operated by the Town of Pendleton;

(2) Designed or used for collecting or conveying stormwater;

(3) Which is not a combined sewer; and

(4) Which is not part of a publicly owned treatment works (POTW) as defined at 40 CFR 122.2.

NATURAL OUTLET Any outlet into a watercourse, pond, ditch, lake or other body
of surface or ground water.

NONSTORMWATER DISCHARGE Any discharge to the MS4 that is not composed
entirely of stormwater.
[Added 10-2-2007 by L.L. No. 3-2007]
NORMAL SEWAGE Sewage which, when analyzed, shows by weight a daily
average of not more than two thousand five hundred (2,500) pounds per one million
(1,000,000) gallons [three hundred (300) parts per million] of suspended solids and not
more than two thousand five hundred (2,500) pounds per one million (1,000,000) gallons
[three hundred (300) parts per million] of BOD, and which is otherwise acceptable into a
public sewer under the terms of this chapter.

OBJECTIONABLE WASTE Any wastes that can harm either the sewers, sewer
treatment process or equipment, have an adverse effect on the receiving stream or can
otherwise endanger life, limb, public property or which constitutes a nuisance.

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, firm or corporation in control of a building.

P (denoting phosphate) The total phosphate determined under standard laboratory
procedures, expressed in milligrams per liter.

PERSON Any individual, firm, company, association, society, corporation, including
municipal corporation, or group.

pH The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of
solution.

POLLUTANT Any substance or wastewater characteristic present in polluted water or
waste. "Pollutant" shall also mean dredged spoil, filter backwash, solid waste, incinerator
residue, treated or untreated sewage, garbage, sewage sludge, munitions, chemical
was