New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 3 - STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM › Part 750 - STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM (SPDES) PERMITS › Subpart 750-1 - OBTAINING A SPDES PERMIT AND POSS REGISTRATION › Section 750-1.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Whenever used
						in this Part, unless a different meaning is stated in a definition applicable
						to only a portion of this Part, the following terms will have the meanings set
						forth below:
(1)
Act
means
						the Clean Water Act formerly referred to as the Federal Water Pollution Control
						Act,
						33 USC
						1251
et seq.
(see section
						750-1.25 of this Subpart).
(2)
Action level
means, when used in a SPDES permit, a monitoring
						requirement characterized by a numerical value that, when exceeded, triggers
						additional permittee monitoring and department review to determine if numerical
						effluent limitations should be imposed.
(3)
Administrative renewal
means renewal of a SPDES permit in accordance with Part 621 of this Title,
						based on an abbreviated review of changes at the permitted facility.
(4)
Administrator
means the
						administrator of the EPA.
(5)
Animal feeding operation
(AFO) means a lot or facility (other
						than an aquatic animal production facility) where animals have been, are, or
						will be stabled or confined and fed or maintained for a total of 45 days or
						more in any 12-month period, and the animal confinement areas do not sustain
						crops, vegetation, forage growth, or post-harvest residues in the normal
						growing season. Two or more animal feeding operations under common ownership
						are a single animal feeding operation if they physically adjoin each other, or
						if they use a common area or system for the disposal of wastes.
(6) Animal unit.
						[
Reserved
]
(7)
Applicable water quality standards and effluent limitations
means all State and Federal water quality standards and effluent limitations to
						which a discharge is subject under the act, or under State law, including but
						not limited to water quality standards, effluent limitations, best management
						practices, standards of performance, toxic effluent standards and prohibitions,
						pretreatment standards, and ocean discharge criteria.
(8)
Approvable
is defined as
						that which can be approved by the department, with only minimal revision.
Minimal revision
shall mean revised and resubmitted to the
						department within 60 days of notification by the department of the revisions
						that are necessary, unless otherwise defined by the applicable SPDES
						permit.
(9)
Average
means the arithmetic mean of pollutant parameter
						values for samples collected in a given period.
(10)
Best available technology
						economically achievable (BAT)
means effluent limits authorized under
						section 301(b)(2)(A) of the act,
						40
						CFR 122.44(a) and (e)(1) and
						(2),  40 CFR 125.3(2)(iii),  40 CFR 405 to 471
						 (see section 750-1.25 of this Subpart) and ECL 17-0801. BAT is technology-based
						effluent limitations guidelines established by the act as the most appropriate
						means available on a national basis for controlling the direct discharge of
						toxic and nonconventional pollutants to navigable waters. BAT effluent
						limitations guidelines, as established by EPA, represent the best existing
						performance of treatment technologies that are economically achievable within
						an industrial point source category or subcategory.
(11)
Best conventional pollutant
						control technology (BCT)
means effluent limits authorized under the
						act, section 301(b)(2)(E),
						40
						CFR 122.44(a),  40 CFR 125.3(2)(ii),       40 CFR 405 to 471       (see section 750-1.25 of this Subpart) and ECL
						17-0811. BCT is technology based effluent limitations guidelines for the
						discharge of conventional pollutants from existing industrial point sources
						including BOD5, TSS, fecal coliform, pH, oil and grease. The BCT is established
						by EPA using a two-part cost reasonableness test that compares the cost for an
						industry to reduce its pollutant discharge with the cost to a POTW for similar
						levels of reduction of a pollutant loading. The second test examines the
						cost-effectiveness of additional industrial treatment beyond BPT. EPA must find
						limits that are reasonable under both tests before establishing them as
						BCT.
(12)
Best management
						practices (BMPs)
means schedules of activities, prohibitions of
						practices, maintenance procedures, and other management practices to prevent or
						reduce the pollution of waters of the state. BMPs also include treatment
						requirements (if determined necessary by the permittee), operating procedures,
						and practices to control plant site runoff, spillage and leaks, sludge or waste
						disposal, or drainage from raw material storage.
(13)
Best practicable control
						technology currently available (BPT)
means effluent limits authorized
						under the act, section 301(b)(2)(E),
						40
						CFR 122.44(a),  40 CFR 125.3(2)(ii), 40 CFR 405 to 471 (see section 750-1.25 of this Subpart) and ECL
						17-0811. The initial level of technology-based standards established by the CWA
						to control pollutants discharged to navigable waters, BPT effluent limitations
						guidelines are generally based on the average of the best existing performance
						by plants within an industrial category or subcategory. Because BPT has been
						supplanted by BAT and BCT in all other instances, BPT is only applied by EPA
						when proposed BCT limits fail the cost comparison with secondary treatment
						regulations for POTWs.
(14)
Best professional judgement (BPJ)
means effluent limits
						authorized under the Act section 402(a)(1)(B),
						40
						CFR 122.44(e)(1) and (2),  40 CFR 125.3(a)(2)(I)(B)-(v),
						40
						CFR 414.11(h),  40 CFR 501.15(b)  (see section 750-1.25 of this Subpart) and ECL 17-0811. BPJ is the
						method used by permit writers to develop BAT or BCT limits or requirements on a
						case-by-case basis for pollutants and wastewaters not addressed by   40 CFR 405
						to 471.
(15)
Biological
						monitoring
means the determination of the effects of the discharge of
						pollutants on aquatic life, including accumulation of pollutants in tissue, in
						receiving waters due to the discharge of pollutants by scientifically sound
						techniques and procedures, including sampling of organisms representative of
						appropriate levels of the food chain appropriate to the volume and the
						physical, chemical and biological characteristics of the effluent, at
						appropriate frequencies and locations. Such monitoring includes, but is not
						limited to whole effluent toxicity testing as set forth in  40 CFR part 136  (see
						section 750-1.25 of this Subpart).
(16)
Biosolids
means
						dewatered treatment residuals that meet Federal regulations ( 40 CFR part 501  -
						see section
						750-1.24  of this
						Subpart) and State regulations (Part 360 of this Title) and local rules for
						reuse concerning metals, pathogens, and vector attraction reduction.
(17)
Bypass
means the
						intentional or unintentional diversion of wastewater or stormwater around any
						portion of a treatment facility having the effect of reducing the degree of
						treatment designed for the bypassed portion of the treatment
						facility.
(18)
Central
						office
means the principal office of the department, located in the
						County of Albany, State of New York.
(19)
Certified laboratory
means a laboratory that is certified by the State Commissioner of Health
						pursuant to section 502  of the Public Health Law (see section
						750-1.25 of this Subpart) for the analyte or analytes in question.
(20)
Combined sewer overflow
						(CSO)
means a discharge from a combined sewer system (CSS) at a point
						before the POTW wastewater treatment plant.
(21)
Combined sewer system
						(CSS)
means a sewer system which conveys sewage and storm water
						through a single pipe system to a POTW wastewater treatment plant.
(22)
Commissioner
means the
						commissioner of the New York State Department of Environmental Conservation as
						well as meaning the commissioner's designated agent.
(23)
(i)
Concentrated animal feeding operation. (CAFO)
means an AFO
						that meets the criteria of either a large, medium or small CAFO. A
large CAFO
means an AFO that stables or confines as many as or
						more than the numbers of animals in any of the following categories:
(a) 700 mature dairy cows, whether milked or
						dry;
(b) 1,000 veal
						calves;
(c) 1,000 cattle other than
						mature dairy cows or veal calves. Cattle includes but is not limited to
						heifers, steers, bulls and cow/calf pairs;
(d) 2,500 swine each weighing 55 pounds or
						more;
(e) 10,000 swine each
						weighing less than 55 pounds;
(f)
						500 horses;
(g) 10,000 sheep or
						lambs;
(h) 55,000
						turkeys;
(i) 30,000 laying hens or
						broilers, if the AFO uses a liquid manure handling system;
(j) 125,000 chickens (other than laying
						hens), if the AFO uses other than a liquid manure handling system;
(k) 82,000 laying hens, if the AFO uses other
						than a liquid manure handling system;
(l) 30,000 ducks (if the AFO uses other than
						a liquid manure handling system); or
(m) 5,000 ducks (if the AFO uses a liquid
						manure handling system).
(ii) A
medium CAFO
means an
						AFO that stables or confines as many as or more than the numbers of animals in
						any of the following categories:
(a) 200 to
						699 mature dairy cows, whether milked or dry, except that an AFO that stables
						or confines 200-299 mature dairy cows, whether milked or dry that does not
						cause a discharge would not be considered a medium CAFO;
(b) 300 to 999 veal calves;
(c) 300 to 999 cattle other than mature dairy
						cows or veal calves. Cattle includes but is not limited to heifers, steers,
						bulls and cow/calf pairs;
(d) 750
						to 2,499 swine each weighing 55 pounds or more;
(e) 3,000 to 9,999 swine each weighing less
						than 55 pounds;
(f) 150 to 499
						horses;
(g) 3,000 to 9,999 sheep or
						lambs;
(h) 16,500 to 54,999
						turkeys;
(i) 9,000 to 29,999 laying
						hens or broilers, if the AFO uses a liquid manure handling system;
(j) 37,500 to 124,999 chickens (other than
						laying hens), if the AFO uses other than a liquid manure handling
						system;
(k) 25,000 to 81,999 laying
						hens, if the AFO uses other than a liquid manure handling system;
(l) 10,000 to 29,999 ducks (if the AFO uses
						other than a liquid manure handling system); or
(m) 1,500 to 4,999 ducks (if the AFO uses a
						liquid manure handling system).
(iii) A
small CAFO
means an
						AFO that is designated by the department as a CAFO or requests CAFO SPDES
						permit coverage and is not a medium or large CAFO.
While not required, an AFO with 200-299 mature dairy
						  cows may request CAFO SPDES permit coverage and, if permit coverage is granted,
						  the AFO would be considered a small CAFO throughout permit coverage.
						  Notwithstanding any provision of this subdivision, the department retains its
						  existing authority to enter and inspect any property or premises and access
						  records for the purpose of ascertaining compliance or noncompliance with
						  provisions of the ECL article 17, or the actor any regulations adopted pursuant
						  thereto.
(24)
Contiguous zone
means the entire zone established or to be
						established by the United States under article 24 of the Convention of the
						Territorial Sea for this zone.
(25)
Daily discharge
means the discharge of a pollutant measured
						during a calendar day or any 24-hour period that reasonably represents the
						calendar day for the purposes of sampling. For pollutants expressed in units of
						mass, the daily 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 daily discharge is calculated as the average
						measurement (concentration) of the pollutant over the day.
(26)
Daily maximum
means the
						highest allowable daily discharge for the reporting period.
(27)
Department
means the
						New York State Department of Environmental Conservation as well as meaning the
						department's designated agent.
(28)
Discharge
means any addition of any pollutant to waters of the
						State through an outlet or point source.
(29)
Discharges authorized by a SPDES
						permit
means discharges of wastewater or storm water from sources
						listed in the permit, that do not violate ECL section 17-0501, that are through
						out falls listed in the permit, and that are:
(i) discharges within permit limitations of
						pollutants limited in the SPDES permit;
(ii) discharges within permit limitations of
						pollutants limited by an indicator limit in the SPDES permit;
(iii) discharges of pollutants subject to
						action level requirements in the SPDES permit;
(iv) discharges of pollutants not explicitly
						listed in the SPDES permit, but reported in the SPDES permit application record
						as detected in the discharge or as something the permittee knows or has reason
						to believe to be present in the discharge, provided the special conditions
						section of the applicable SPDES permit does not otherwise forbid such a
						discharge and provided that such discharge does not exceed, by an amount in
						excess of normal effluent variability, the level of discharge that may
						reasonably be expected for that pollutant from information provided in the
						SPDES permit application record;
(v) discharges of pollutants not required to
						be reported on the appropriate and current New York State SPDES permit
						application; provided the special conditions section of the permit does not
						otherwise forbid such a discharge. The department may, in accordance with law
						and regulation, modify the permit to include limits for any pollutant even if
						that pollutant is not required to be reported on the SPDES permit application;
						or
(vi) discharges from
						firefighting activities; fire hydrant flushings; testing of firefighting
						equipment, provided that such equipment is for water only fire suppression;
						potable water sources including waterline flushings; irrigation drainage; lawn
						watering; uncontaminated infiltration and inflow; leakage from raw water
						conveyance systems; routine external building wash down and vehicle washing
						which does not use detergents or other compounds; pavement wash waters where
						spills or leaks of toxic or hazardous materials, other than minor and routine
						releases from motor vehicles, have not occurred (unless such material has been
						removed) and where detergents are not used; air conditioning and steam
						condensate; springs; uncontaminated groundwater; and foundation or footing
						drains where flows are not contaminated with process materials such as solvents
						provided that the permittee has implemented an effective plan for minimizing
						the discharge of pollutants from all of the sources listed in this
						subparagraph.
(30)
Discharge monitoring report (DMR)
means a report submitted by
						a permittee to the department summarizing the effluent monitoring results
						obtained by the permittee over periods of time as specified in the SPDES
						permit.
(31)
Disposal
						system
means a system for disposing of sewage, storm water, industrial
						waste or other wastes, including sewer systems and treatment works.
(32)
ECL
means chapter 43-B
						of the Consolidated Laws of the State of New York, entitled the Environmental
						Conservation Law.
(33)
Effluent limitation
means any restriction on quantities,
						quality, rates and concentrations of chemical, physical, biological, and other
						constituents of effluents that are discharged into waters of the
						state.
(34)
Effluent
						limitation guideline
means toxic or pretreatment effluent limitations
						contained in 40 CFR parts 405 to 471 (see section 750-1.25 of this
						Subpart).
(35)
ELAP
						identification number
means the number assigned to a certified
						laboratory by the New York State Health Department.
(36)
EPA
means the United
						States Environmental Protection Agency.
(37)
Facility expansion
means when any of the following conditions occurs and is expected to continue
						or has occurred and has been existing for more than one year:
(i) increases in production or increases in
						the mass of any one pollutant in wastewater that may result in discharges that
						are not discharges authorized by the permit;
(ii) production in any one operation subject
						to regulation under 40 CFR 405 to 471 and/or   40 CFR part 125   (see section
						750-1.25 of this Subpart) or discharges to groundwater described in the SPDES
						permit application record upon which the current permit is based increases by
						greater than 20 percent beyond what was reported in the SPDES permit
						application record for the sum of production from operations subject to the
						same regulation under 40 CFR 405 to 471 and/or 40 CFR part 125 and is
						permitted. For the purposes of this definition,
production
is
						defined as the activity that is the source of the discharge. For the purposes
						of this definition the
20 percent calculation
is determined by
						comparing the flow and load resulting from the subject increase to the
						flow/load at the time the permit last underwent a substantial renewal or
						modification related to the subject parameters;
(iii) the permittee commences a new
						operation, of which no operations in this category currently exist at the
						facility, subject to regulation under 40 CFR 405 to 471 and/or  40 CFR part 125
						 (see section 750-1.25 of this Subpart) which will result in pollutants which
						the permittee knows or has reason to believe will be discharged (except
						substances not required to be reported on the appropriate and current New York
						State SPDES permit application) and which is not described in the SPDES permit
						application record upon which the current permit is based;
(iv) the permittee commences use of a
						substance, discharge of which is not authorized by this permit, which will
						contact wastewater and, usage of which is required to be reported on the
						appropriate and current New York State SPDES permit application; or
(v) the permittee increases usage of a
						substance that will contact wastewater by 10 percent or more beyond the annual
						usage given in the permittee's most recent New York State industrial chemical
						survey submission.
(38)
Forms
means forms printed on paper, electronic files that set
						a format and electronic formats.
(39)
Full technical review
means the complete evaluation of all elements of a SPDES permit identified as
						priorities under the priority ranking system set forth in section
						750-1.19 
						of this Subpart, together with substantive issues identified in comments
						submitted during the public comment period, and the verification of the
						accuracy and appropriateness of all information contained in the permit as well
						as compliance with current effluent limitations guidelines, requirements and
						water quality standards.
(40)
General SPDES permit
means a SPDES permit issued pursuant to
						section
						750-1.21  of
						this Subpart authorizing a category of discharges.
(41)
Guidance value
means
						such numerical measure of purity or quality for any waters in relation to their
						best use as may be established by the department pursuant to Part 702 of this
						Title, but which has not been adopted as an ambient water quality
						standard.
(42)
Groundwaters
means waters in the saturated zone. The saturated
						zone is a subsurface zone in which all the interstices are filled with water
						under pressure greater than that of the atmosphere. Although the zone may
						contain gas-filled interstices or interstices filled with fluids other than
						water, it is still considered saturated.
(43)
Indicator limit
means a
						limit on pollutants other than those meeting the criteria of 40 CFR Part
						122.44(e)(1), which in the judgment of the permit writer, will assure treatment
						of the pollutants required by
						40
						CFR 122.44(e)(1) to the
						levels required by
						40 CFR
						125.3(c).
(44)
Individual SPDES permit
means a SPDES permit issued to a single facility in one location in accordance
						with this Part (as distinguished from a general SPDES permit).
(45)
Industrial user
means
						the term as defined in
						40
						CFR 403.3 (see section 750-1.25 of this
						Subpart).
(46)
Industrial
						waste
means any liquid, gaseous, solid or waste substance or a
						combination thereof resulting from any process of industry, manufacturing,
						trade, or business or from the development or recovery of any natural
						resources, which may cause or might reasonably be expected to cause pollution
						of the waters of the State in contravention of the standards adopted as
						provided herein. Industrial wastewater is any wastewater that is not sanitary
						waste or uncontaminated storm water.
(47)
Infiltration
means
						water other than wastewater that enters a sewerage system (including sewer
						service connections) from the ground through such means as defective pipes,
						pipe joints, connections, or manholes. Infiltration does not include and is
						distinguished from inflow.
(48)
Inflow
means water other than wastewater that enters a
						sewerage system (including sewer service connections) from sources such as roof
						leaders, cellar drains, yard drains, area drains, foundation drains, drains
						from springs and swampy areas, manhole covers, cross connections between storm
						sewers, process and sanitary sewers, catch basins, cooling towers, storm
						waters, surface runoff, street wash waters, or drainage. Inflow does not
						include, and is distinguished from infiltration.
(49)
Major facility
means
						any SPDES permitted facility classified as such by the regional administrator
						in conjunction with the department.
(50)
Method detection limit or
						MDL
means the level at which the analytical procedure referenced is
						capable of determining with a 99 percent probability that the substance is
						present. The precision at this level is plus or minus 100 percent.
(51)
Minor facility
means
						any SPDES permitted facility that is not a major facility.
(52)
Monthly average
means
						the average of daily discharges (as defined in this subdivision) over a
						calendar month. This value is most frequently calculated as the sum of all
						daily discharges measured during a calendar month divided by the number of
						daily discharges measured during that month. The department may allow for
						alternative procedures for calculating monthly average values by written
						approval from the regional water engineer or as set forth by the SPDES
						permit.
(53)
Municipality
means any county, town, city, village, district
						corporation, special improvement district, sewer authority or agency
						thereof.
(54)
Municipal
						sewage
means wastewater composed primarily of discharges of sanitary
						sewage from residences, primarily from facilities not owned by a municipality,
						with or without the admixture of industrial wastewater.
(55)
National pollutant discharge
						elimination system or NPDES
means the national system for the issuance
						of wastewater and storm water permits under the act.
(56)
Navigable waters
means
						those waters under the jurisdiction of the act.
(57)
New source
means any
						building, structure, facility, or installation from which there is or may be a
						discharge of pollutants, the construction of which commenced:
(i) after promulgation of standards of
						performance under section 306 of the act which are applicable to such source;
						or
(ii) after proposal of standards
						of performance in accordance with section 306 of the act which are applicable
						to such source, but only if the standards are promulgated in accordance with
						section 306 within 120 days of their proposal.
(58)
Ocean
means any portion
						of the high seas beyond the contiguous zone.
(59)
Other wastes
means
						garbage, refuse, decayed wood, sawdust, shavings, bark, sand, lime, cinders,
						ashes, offal, oil, tar, dyestuffs, acids, chemicals, ballast and all other
						discarded matter not sewage or industrial waste that may cause or might
						reasonably be expected to cause pollution of the waters of the State in
						contravention of the standards and guidance values adopted as provided in Parts
						700,
et seq.
of this Title.
(60)
Outfall
means the
						terminus of a sewer system, or the point of emergence of any waterborne sewage,
						industrial waste or other wastes or the effluent therefrom, into the waters of
						the State.
(61)
Outlet
means out fall.
(62)
Owner
or
operator
means the owner or operator of any facility or
						activity subject to regulation under this Part.
(63)
Partially treated
						sewage
means sewage that is diverted around any portion of the
						treatment plant of a sewage treatment works after it enters the treatment
						plant.
(64)
Permit
						application record,
as applicable to a permitted discharge, means the
						most recently completed application as set forth in section
						750-1.7 
						of this Subpart, of which the department performed a full technical review for
						that discharge, including all the materials submitted by the permittee upon
						which the current permit and any modifications thereto are based, all
						notifications pursuant to Subpart 750-2 of this Part, any additional materials
						made available for public review as part of the SPDES permit application
						process and any information that was part of the SPDES permit application
						process, but held confidential in accordance with this Part.
(65)
Permittee
means the
						holder of a SPDES permit.
(66)
Person
or
persons
means any individual,
						public or private corporation, political subdivision, government agency,
						municipality, partnership, association, firm, trust, estate or any other legal
						entity whatsoever.
(67)
Point source
means any discernible, confined and discrete
						conveyance, including but not limited to any pipe, ditch, channel, tunnel,
						conduit, well, discrete fissure, container, rolling stock, concentrated animal
						feeding operation, vessel or other floating craft, or landfill leachate
						collection system from which pollutants are or may be discharged.
(68)
Pollutant
means dredged
						spoil, filter backwash, solid waste, incinerator residue, sewage, garbage,
						sewage sludge, munitions, chemical wastes, biological materials, radioactive
						materials, heat, wrecked or discarded equipment, rock, sand and industrial,
						municipal, agricultural waste and 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 or guidance values adopted as provided
						in Parts 700,
et seq.
of this Title.
(69)
Priority pollutants
means those pollutants listed in  40 CFR part 122, appendix D (see section
						750-1.25 of this Subpart) as organic toxic pollutants (volatiles, acid
						compounds, base/neutral compounds and pesticides), metals, cyanide and total
						phenols.
(70)
Publicly
						owned sewer system (POSS)
means a sewer system owned by a municipality
						and which discharges to a POTW owned by another municipality.
(71)
Publicly owned treatment works
						(POTW)
means any device or system used in the treatment (including
						recycling and reclamation) of municipal sewage that is owned by a municipality.
						This definition includes sewers, pipes, or other conveyances only if they
						convey wastewater to a POTW providing treatment.
(72)
Regional administrator
means the regional administrator for the EPA region overseeing EPA programs in
						New York State.
(73)
Regional office
means the office, that is not the central
						office, of the department administering the SPDES program in one of the
						department's nine geographical regions of the State. When used in this Part, it
						refers to the regional office for the region in which the permittee
						discharges.
(74)
Regional
						permit administrator
means an employee of the department, one for each
						of the department's nine regions, designated to act on the commissioner's
						behalf in carrying out the provisions of article 70 of the ECL and Part 621 of
						this Title, or the regional permit administrator's designated representative.
						When used in this Part, the regional permit administrator is the one designated
						for the region in which the permittee discharges.
(75)
Regional water engineer
means an employee of the department, one for each of the department's nine
						regions, designated to act on the commissioner's behalf in carrying out the
						provisions of article 17 and this Part, or the regional water engineer's
						designated representative. When used in this Part, the regional water engineer
						is the one designated for the region in which the permittee
						discharges.
(76)
Report
						orally to the regional water engineer
means report by telephone or in
						person during business hours to the regional water engineer, or after business
						hours by telephone to the telephone number designated by the regional water
						engineer to receive such reports.
(77)
Schedule of compliance
means a schedule of remedial measures including an enforceable sequence of
						actions or operations leading to compliance with an effluent limitation, other
						limitation, prohibition, or standard.
(78)
Service area
means the
						area defined by a municipality and approved by the department serviced by a
						publicly owned treatment works.
(79)
Severe property damage
means damage to property, or treatment facilities, which causes such facilities
						to become inoperable or significantly damaged, and/or any substantial and
						permanent loss of natural resources, which would not reasonably be expected to
						occur in the absence of a bypass. Severe property damage does not mean economic
						loss caused by delays in production.
(80)
Sewage
means the
						water-carried human or animal wastes from residences, buildings, industrial
						establishments or other places, together with such groundwater infiltration and
						surface water as may be present. The admixture with sewage as above defined of
						industrial wastes or other wastes as hereafter defined, shall also be
						considered sewage within the meaning of this Part.
(81)
Sewage treatment works
means a facility for the purpose of treating, neutralizing or stabilizing
						sewage, including treatment or disposal plants, the necessary collection,
						intercepting, out fall and outlet sewers, pumping stations integral to such
						plants or sewers, equipment and furnishings thereof and their
						appurtenances.
(82)
Sewer
						connection
means a point of connection between a building, residence,
						or other structure and a public sewer except that any connection designed or
						intended to convey 2,500 gallons per day or more of residential sewage alone or
						in combination with storm water shall be considered a sewer
						extension.
(83)
Sewer
						extension
means a newly constructed or proposed sewer designed to
						serve one or more sewer connections.
(84)
Sewer system
means pipe
						lines or conduits, pumping stations, force mains, and all other constructions,
						devices, and appliances appurtenant thereto, used for conducting storm water,
						sewage, industrial waste or other wastes, alone or in combination to a disposal
						system.
(85)
Significant
						facility
means a minor facility that the regional water engineer has
						designated as significant.
(86)
Sink
means a body or storage device that acts as a storage
						device or disposal mechanism; the opposite of source.
(87)
Standard of performance
means a standard set forth in 40 CFR 405 to 471 or as set by the department
						accordance with
						40 CFR
						125.3 (see section
						750-1.24 of this
						Subpart) for the control of the discharge of pollutants.
(88)
State
means the State
						of New York.
(89)
State
						pollutant discharge elimination system
or
SPDES
means
						the system established pursuant to article 17 of the ECL and this Part for
						issuance of permits authorizing discharges to the waters of the
						State.
(90)
Storm
						water
means that portion of precipitation that, once having fallen to
						the ground, is in excess of the evaporative or infiltrative capacity of soils,
						or the retentive capacity of surface features, which flows or will flow off the
						land by surface runoff to waters of the State.
(91)
Territorial seas
means
						the belt of the seas measured from the line of ordinary low water along that
						portion of the coast which is in direct contact with the open sea and the line
						marking the seaward limit of inland waters, and extending seaward a distance of
						three miles.
(92)
Toxic and
						pretreatment effluent standard
means standards adopted in 40 CFR 405
						to 471 (see section 750-1.25 of this Subpart).
(93)
Toxic pollutant
means
						those pollutants, or combination of pollutants, including disease causing
						agents that after discharge and upon exposure, ingestion, inhalation or
						assimilation into any organism, either directly from the environment or
						indirectly through food chains, will, on the basis of information available to
						the department, 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 include those listed under sections 307(a) and 405(d) of the act.
						Toxic pollutants shall be listed in the permit application form applicable to
						the source of discharge. Changes to the list of toxic pollutants in permit
						application forms shall be made only after appropriate notice to the regulated
						community and interested parties.
(94)
Treatment facility
means disposal system as defined herein.
(95)
Twelve-month rolling
						average
means the average of the most recent 12 month's monthly
						averages.
(96)
Untreated
						sewage
means sewage that has not entered the treatment plant of a
						sewage treatment works.
(97)
USEPA
means the United States Environmental Protection
						Agency.
(98)
Upset
means an exceptional incident in which there is unintentional and temporary
						noncompliance with permit effluent limitations because of factors beyond the
						reasonable control of the permittee. An upset does not include noncompliance to
						the extent caused by operational error, improperly designed treatment
						facilities, inadequate treatment facilities, lack of preventive maintenance,
						failure to properly monitor the system or careless or improper
						operation.
(99)
Wastewater
means water that is not storm water, is
						contaminated with pollutants and is or will be discarded.
(100)
Water treatment
						chemical
means biocides, coagulants, conditioners, corrosion
						inhibitors, defoamers, flocculants, scale inhibitors, sequestrants, and
						settling aids that are or may be used by the permittee, which contain
						ingredients that may be toxic, which are or may be present in the discharge,
						which have not been or would not otherwise be reported on the permit
						application as present or potentially present in the discharge.
(101)
Waters
or
waters of the State
shall be construed to include lakes, bays,
						sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks,
						estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial
						seas of the State of New York and all other bodies of surface or underground
						water, natural or artificial, inland or coastal, fresh or salt, public or
						private (except those private waters that do not combine or effect a junction
						with natural surface or underground waters), which are wholly or partially
						within or bordering the State or within its jurisdiction. Waters of the State
						are further defined in Parts 800 to 941 of this Title. Storm sewers are not
						waters of the State unless they are classified in Parts 800 to 941 of this
						Title. Nonetheless, a discharge to a storm sewer shall be regulated as a
						discharge at the point where the storm sewer discharges to waters of the State.
						Waste treatment systems, including treatment ponds or lagoons designed to meet
						the requirements of the Act and Environmental Conservation Law (other than
						cooling ponds as defined in
						40 CFR
						423.11 [m]) (see section 750-1.25 of this
						Subpart) which also meet the criteria of this definition are not waters of the
						State. This exclusion applies only to manmade bodies of water which neither
						were originally created in waters of the State (such as a disposal area in
						wetlands) nor resulted from impoundment of waters of the State.
(102)
Water quality standard
means such measures of purity or quality for any waters in relation to their
						reasonable and necessary use as promulgated in Part 700,
et
						seq.
of this Title.
(103)
Whole effluent toxicity
means the aggregate toxic effect of an
						effluent measured directly by a toxicity test.