Unless otherwise stated in the section where the term is used
in this chapter, the meaning of terms used in this chapter shall be
as stated below. When not inconsistent with the context, the present
tense shall include the future, and words used in the plural shall
include the singular and vice versa. Furthermore, a masculine pronoun
shall include the feminine. "Shall" is mandatory; "may" is permissive.
ABNORMAL SEWAGE
Sewage whose concentration of one or more characteristics
of normal sewage exceeds the maximum concentrations of the characteristics
of normal sewage. See "normal sewage."
ACT OR THE ACT
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. § 1251 et seq., as
may be amended.
ADMINISTRATOR
The Regional Administrator of the U.S. Environmental Protection
Agency (USEPA), Region 2.
AMMONIA
The result obtained, using an approved laboratory procedure,
to determine the quantity of ammonia in a sample, expressed as milligrams
of nitrogen per liter.
APPLICANT
That person who makes application for any permit. The applicant
may be an owner, new or old, or his agent.
APPROVAL AUTHORITY
The USEPA, or the New York State Department of Environmental
Conservation (NYSDEC) in the event the NYSDEC is delegated approval
authority responsibility by the USEPA.
APPROVED LABORATORY PROCEDURE
The procedures defined as "standard methods" in this article,
or other procedures approved by the Superintendent, for flow measurement
or determination of the concentration of pollutants or their surrogates
in waters, wastewaters, and/or sludges.
AUTHORIZED REPRESENTATIVE OF THE INDUSTRIAL USER
An authorized representative of the industrial user may be:
A.
A principal executive officer of at least the level of vice
president, if the industrial user is a corporation;
B.
A general partner or proprietor, if the industrial user is a
partnership or proprietorship, respectively; or
C.
A duly authorized representative of the individual designated
above, if such representative is responsible for the overall operation
of the facilities from which the indirect discharge originates.
BOD, (denoting Biochemical Oxygen Demand)
The result obtained when using an approved laboratory procedure
to determine the quantity of oxygen utilized in the aerobic biochemical
oxidation of organic matter or in a sample, expressed in milligrams
per liter.
BUILDER
Any person who undertakes to construct a building or any
part of a building, either under contract or for resale.
BUILDING DRAIN
That part of the lowest horizontal piping of a building drainage
system which receives the discharge from soil, waste, and other drainage
pipes inside the building walls and conveys it to the building lateral,
which begins five feet outside the inner face of the building wall.
CHLORINE DEMAND
The result obtained when using an approved laboratory procedure
to determine the difference between the amount of chlorine added to
a sample and the amount of chlorine remaining in the sample at the
end of a specified contact time at room temperature, expressed in
milligrams per liter.
COD (denoting Chemical Oxygen Demand)
The result obtained when using an approved laboratory procedure
to measure the oxygen requirement of that portion of matter, in a
sample, that is susceptible to oxidation, by a specific chemical oxidant,
expressed in milligrams per liter.
COLOR
The optical density at the visual wave length of maximum
absorption, relative to distilled water. One hundred percent transmittance
is equivalent to zero optical density.
COMPOSITE SAMPLE
The sample resulting from the combination of individual samples
of wastewater taken at selected intervals, for a specified time period.
The individual samples may have equal volumes or the individual volumes
may be proportioned to the flow at the time of sampling.
CONNECTION
Attachment of one user to a sewer. (See "extension.")
CONNECTION CHARGE (TAP FEE)
The one-time application fee to offset Town expenses to process
an application for a connection of a building/street lateral to the
public sewer. The fee also covers plan review, permit issuance, street
repair cost, and inspection costs. The fee may be scaled to the amount
of work involved or to the size of the public sewer involved.
CONTROL AUTHORITY
The term shall refer to approval authority or to the Superintendent
when the Town of Tuxedo has an approved pretreatment program under
the provisions of 40 CFR 403.11.
CONTROL MANHOLE
A manhole accessible to the control authority in or upstream
of the street lateral, such that samples collected from the manhole
represent the discharge to the Town wastewater collection and treatment
system.
CONVENTIONAL POLLUTANT
A pollutant that the Town wastewater treatment plant was
designed to treat, defined in accordance with the Act.
COOLING WATER
The water discharged from any system of condensation, air
conditioning, refrigeration, or other sources. It shall contain no
polluting substances which would produce COD or suspended solids in
excess of five milligrams per liter, or toxic substances, as limited
elsewhere in this chapter.
DEVELOPER
Any person who subdivides land for the purpose of constructing,
or causing to be constructed, buildings for which wastewater disposal
facilities are required.
DIRECT DISCHARGE
The discharge of treated or untreated wastewater directly
to the waters of the State of New York. (For reference, see "indirect
discharge.")
DRY SEWERS
The sanitary sewer installed in anticipation of future connection
to a Town wastewater treatment plant but which is not used, in the
meantime, for transport of storm or sanitary sewage.
EASEMENT
An acquired legal right for the specific use of land owned
by others.
END OF PIPE
For the purpose of determining compliance with limitations prescribed by Article
IX, end of pipe shall mean the control manhole, provided the samples collected from the control manhole are representative of the discharge to the Town wastewater treatment plant.
EPA, USEPA, or U.S. ENVIRONMENTAL PROTECTION AGENCY
The agency of the federal government charged with the administration
and enforcement of federal environmental laws, rules, and regulations.
Also may be used as a designation for the administrator or other duly
authorized official of this agency.
EXTENSION
Attachment of a sewer line, with more than one user, to an
existing sewer line.
FACILITY
All buildings, other structures, grounds and contiguous property
at any locations related to or connected with a user at the user's
location.
FLOATABLE OIL
Oil, grease, or fat in a physical state such that it will
separate by gravity from wastewater by treatment in a wastewater treatment
facility.
FLOW RATE
The quantity of liquid or waste that flows in a certain period
of time.
GARBAGE
The solid wastes from the preparation, cooking, and dispensing
of food, from the handling, storage, and sale of produce, and from
the packaging and canning of food.
GRAB SAMPLE
A single sample of wastewater representing the physical,
chemical, and biological characteristics of the wastewater at one
point and time.
ICS FORM
The form used by the NYSDEC to survey industries to perform
and update the Industrial Chemical Survey.
INDIRECT DISCHARGE
The introduction of wastewater into a Town wastewater treatment
plant for treatment and ultimate discharge of the treated effluent
to the state's waters. (For reference, see "Direct Discharge.")
INDUSTRIAL
Meaning or pertaining to industry, manufacturing, commerce,
trade, business, or institution, and is distinguished from domestic
or residential.
INDUSTRIAL CHEMICAL SURVEY (ICS)
The survey of industries in New York State, initiated by
the NYSDEC, to determine chemical usage and storage by those industries.
INDUSTRIAL WASTES
The liquid or liquid-carried solid, liquid and/or gaseous
wastes from industrial manufacturing processes, trade, service, utility,
or business, as distinct from sanitary sewage.
INFILTRATION
Water, other than wastewater, that enters a sewer system
(excluding building drains) from the ground through such means as
defective pipes, pipe joints, connections, or manholes. Infiltration
does not include, and is distinguished from, inflow. Infiltration
is inadvertent; that is, not purposely designed or built into the
sewer or drain.
INFLOW
Water, other than wastewater, that enters a sewer system
(including building drains) from sources such as, but not limited
to, roof leaders, cellar drains, area drains, drains from springs
and swampy areas, manhole covers, cross connections between storm
sewers and sanitary sewers, catch basins, cooling towers, stormwaters,
foundation drains, swimming pools, surface runoff, street wash waters,
or drainage. Inflow does not include, and is distinguished from, infiltration.
Inflow is purposely designed and/or built into the sewer or drain.
INTERFERENCE
A discharge which, alone or in conjunction with discharges
by other sources:
A.
Inhibits or disrupts the Town wastewater treatment plant, its
treatment processes or operations, or its sludge processes, use or
disposal; and
B.
Therefore is a cause of a violation of any requirement of the
Town Town wastewater treatment plant's SPDES permit (including
an increase in the magnitude or duration of a violation) or of the
prevention of sewage sludge use or disposal by the Town wastewater
treatment plant in accordance with the following statutory provisions
and regulations or permits issued thereunder (or more stringent state
or local regulations):
(1)
Section 405 of the Clean Water Act;
(2)
The Solid Waste Disposal Act (SWDA) (including Title II, more
commonly referred to as the Resource Conservation and Recovery Act,
RCRA, and including state regulations contained in any state sludge
management plan prepared pursuant to Subtitle D of the SWDA);
(4)
Toxic Substance Control Act; and
(5)
Marine Protection Research and Sanctuaries Act.
LATERAL, BUILDING
The sewer extension from the building drain to the street
lateral or other place of wastewater disposal.
LATERAL, STREET
The sewer extension from the public sewer to the property
line.
NATIONAL CATEGORICAL PRETREATMENT STANDARD, OR CATEGORICAL STANDARD
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with Section 307(B) and (C) of the Act (22
U.S.C. § 1347), which applies to a specific category of industrial users.
These standards apply at the end of the categorical process ("end
of process").
NATURAL OUTLET
Any outlet, including storm sewers and combined sewer overflows,
to state's waters.
NEW OWNER
That individual or entity who purchased property within the
service area of the Town of Tuxedo after the effective date of this
chapter.
NEW SOURCE
Any source, the construction of which is commenced after
the publication of the proposed regulation prescribing a Section 307(C)
(33 U.S.C. § 1317) categorical pretreatment standard which
will be applicable to such source, if such standard is thereafter
promulgated.
NEW USER
A discharger to the Town wastewater collection and treatment
system who commences discharge after the effective date of this chapter.
NUISANCE
The use or lack of use of the Town wastewater collection
and treatment system in such a manner so as to endanger life or health,
give offense to the senses, or obstruct or otherwise interfere with
the reasonable use or maintenance of the Town wastewater treatment
plant.
OIL AND GREASE
The result obtained when using an approved laboratory procedure
to determine the quantity of fats, wax, grease, and oil in a sample,
expressed in milligrams per liter.
OLD OWNER
That individual or entity who owns or owned a property within
the service area of the Town wastewater collection and treatment system,
purchased prior to the effective date of this chapter, or who inherited
the property at any time and intends to sell the property, or has
sold the property, to a new owner; also, the agent of the old owner.
OTHER WASTES
Garbage (shredded or unshredded), refuse, wood, egg shells,
coffee grounds, sawdust, shavings, bark, sand, lime, ashes, and all
other discarded matter not normally present in sewage or industrial
wastes; also, the discarded matter not normally present in sewage
or industrial waste.
PASS-THROUGH
The discharge which exits the Town wastewater treatment plant
into waters of the state in quantities which, alone or in conjunction
with discharges from other sources, is a cause of a violation of any
requirement of the Town wastewater treatment plant's SPDES permit
(including an increase in the magnitude or duration of a violation).
PERMIT
A temporary, revocable written document allowing use of the
Town wastewater treatment plant for specified wastes over a limited
period of time, containing sampling locations and reporting frequencies
and requiring other actions as authorized by this chapter.
PERSON
Any individual, public or private corporation, political
subdivision, federal, state, or local agency or entity, association,
trust, estate or any other legal entity whatsoever.
PH
The logarithm (base 10) of the reciprocal of the weight of
hydrogenions, in gram moles per liter of solution. A pH value of 7.0,
the pH scale midpoint, represents neutrality. Values above 7.0 represent
alkaline conditions. Values below 7.0 represent acid conditions.
POLLUTANT
Any material placed into or onto the state's waters,
lands and/or airs which interferes with the beneficial use of that
water, land and/or air by any living thing at any time.
POLLUTION
The man-made or man-induced alteration of the chemical, physical,
biological, and/or radiological integrity of the state's waters,
lands and/or airs resulting from the introduction of a pollutant into
these media.
PRETREATMENT (TREATMENT)
The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties
in wastewater to a less harmful state prior to or in lieu of discharging
or otherwise introducing such pollutants into a Town wastewater treatment
plant. The reduction or alteration can be achieved by physical, chemical,
or biological process, 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.
PRIORITY POLLUTANTS
The most recently revised or updated list, developed by the
EPA, in accordance with the Act.
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 and with no particle having a dimension greater than
1/2 inch in any dimension.
RECEIVING WATERS
A natural watercourse or body of water (usually waters of
the state) into which treated or untreated sewage is discharged.
RECORDS
Shall include, but not be limited to, any printed, typewritten,
handwritten or otherwise recorded matter of whatever character (including
paper or electronic media), including but not limited to letters,
files, memoranda, directives, notes and notebooks, correspondence,
descriptions, telephone call slips, photographs, permits, applications,
reports, compilations, films, graphs and inspection reports. For the
purposes of this chapter, records shall mean records of and relating
to waste generation, reuse and disposal and shall include records
of usage of raw materials.
ROOF DRAIN
A drain installed to receive water collecting on the surface
of a roof for disposal.
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. Septage shall not have been contaminated with substances of
concern or priority pollutants.
SEPTIC TANK
A private domestic sewage treatment system consisting of
an underground tank (with suitable baffling) constructed in accordance
with any and/or all local and state requirements.
SERVICE AREA OF THE TOWN WASTEWATER COLLECTION AND TREATMENT
SYSTEM
Real property within the legally defined bounds of the Town
of Tuxedo Hamlet Sewer District and the Tuxedo Farms Sewer District
from which wastewater may be discharged into the Town wastewater collection
and treatment system. The bounds shall be established, altered, changed,
modified, reduced, enlarged, combined, or consolidated by action of
the Town of Tuxedo Town Board.
SEWAGE
A combination of the water-carried wastes from residences,
business buildings, institutions, and industrial establishments and
such groundwater, surface water and stormwater as may be inadvertently
present. The admixture of sewage, as defined above, with industrial
wastes and other wastes shall also be considered "sewage" within the
meaning of this definition.
SEWAGE, DOMESTIC (DOMESTIC WASTES)
Liquid wastes from the noncommercial preparation, cooking,
and handling of food, liquid wastes containing human excrement and
similar matter from the sanitary conveniences in dwellings, commercial
buildings, industrial buildings, and institutions, or liquid wastes
from clothes washing and/or floor/wall washing. Therefore, domestic
sewage includes both black water and grey water. (See "sewage, sanitary.")
SEWAGE, NORMAL
A.
Sewage, industrial wastes, or other wastes which show, by analysis,
the following characteristics:
(1)
B.O.D. (five-day): 2,090 pounds per million gallons (250 milligrams
per liter) or less.
(2)
Suspended solids: 2,500 pounds per million gallons (300 milligrams
per liter), or less.
(3)
Phosphorus: 125 pounds per million gallons (15 milligrams per
liter), or less.
(4)
Ammonia: 250 pounds per million gallons (30 milligrams per liter),
or less.
(5)
Total Kjeldahl nitrogen: 417 pounds per million (50 milligrams
per liter), or less.
(6)
Chlorine demand: 209 pounds per million gallons (25 milligrams
per liter), or less.
(7)
Chemical oxygen demand: 2,920 pounds per million gallons (350
milligrams per liter), or less.
(8)
Oil and grease: 830 pounds per million gallons (100 milligrams
per liter) or less.
B.
In spite of satisfying one or more of these characteristics,
if the sewage also contains substances of concern, it may not be considered
normal sewage.
SEWAGE, SANITARY
Liquid wastes from the sanitary conveniences of dwellings
(including apartment houses and hotels), office buildings, factories,
or institutions and free from stormwater, surface water, industrial,
and other wastes. (See "domestic wastes.")
SEWER
A pipe or conduit for carrying or transporting sewage.
SEWER, COMBINED
A sewer designed to receive and transport both surface runoff
and sewage.
SEWER, PUBLIC
A sewer in which all abutting property owners have equal
rights and the use of which is controlled by the Town of Tuxedo.
SEWER, SANITARY
A sewer which carries sewage and to which stormwaters surface
waters, and groundwaters are not intentionally admitted.
SEWER, STORM (STORM DRAIN)
A sewer which carries stormwaters and surface waters and
drainage but excludes sewage and industrial wastewaters, other than
cooling waters and other unpolluted waters.
SEWERAGE SURCHARGE
The demand payment for the use of a public sewer and/or sewage
treatment plant for the handling of any sewage, industrial wastes,
or other wastes accepted for admission thereto in which the characteristics
thereof exceed the maximum values of such characteristics in normal
sewage. (See "volume charge.")
SIGNIFICANT NONCOMPLIANCE (SNC)
A user is in significant noncompliance if its violation(s)
meet(s) one or more of the following criteria:
A.
Chronic violations of wastewater discharge limits, defined here
as those, in 66% or more of all of the measurements taken during a
six-month period, which exceed (by any magnitude) the daily maximum
limit or average limit for the same pollutant parameter;
B.
Technical Review Criteria (TRC) violations, defined here as
those, in 33% or more of all of the measurements for each pollutant
parameter taken during a six-month period, which equal or exceed the
product of the daily maximum limits multiplied by the applicable TRC
(TRC = 1.4 for BOD, TSS, fats, oil and grease; TRC = 1.2 for all other
pollutants);
C.
Any other violation of a pretreatment effluent limit (daily
maximum or long-term average) that the Superintendent determines has
caused, alone or in combination with other discharges, interference
or pass-through (including endangering the health of Town wastewater
treatment plant personnel or the general public);
D.
Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the Superintendent's exercise of its emergency authority under Article
XI of this chapter;
E.
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;
F.
Failure to provide, within 30 days after the due date, required
reports such as baseline monitoring reports, ninety-day compliance
reports, periodic self-monitoring reports, and reports on compliance
with compliance schedules;
G.
Failure to report accurately any noncompliance;
H.
Any other violation which the Superintendent determines will
adversely affect the implementation or operation of the local pretreatment
program.
SLUG
A substantial deviation from normal rates of discharge or
constituent concentration (see "normal sewage") sufficient to cause
interference. In any event, a discharge which, in concentration of
any constituent or in quantity of flow, that exceeds, for any period
of duration longer than 15 minutes, more than five times the average
twenty-four-hour concentration or flow during normal user operations,
shall constitute a slug.
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, and subsequent revisions.
STANDARD METHODS
Procedures contained in the latest edition of Standard Methods
for the Examination of Water and Wastewater, published by the American
Public Health Association, procedures established by the Administrator,
pursuant to Section 304(G) of the Act and contained in 40 CFR, and
amendments thereto (If 40 CFR, 136 does not include a sampling or
analytical technique for the pollutant in question, then procedures
set forth in EPA publication Sampling and Analysis Procedures for
Screening of Industrial Effluents for Priority Pollutants, April 1977,
and amendments thereto, shall be used.), any other procedure approved
by the Administrator, or any other procedure approved by the Superintendent,
whichever is the most conservative.
STORMWATER
Any flow occurring during or following any form of natural
precipitation; also the flow resulting therefrom.
SUBSTANCES OF CONCERN
Those compounds which the New York State Department of Environmental
Conservation has determined may be harmful to man or the environment.
SUMP PUMP
A mechanism used for removing water from a sump or wet well.
SUPERINTENDENT
That individual nominated by the Town of Tuxedo Supervisor
and confirmed by the Town of Tuxedo Board as the Superintendent of
Wastewater. Such an individual shall be qualified to oversee water
treatment and distribution and Town wastewater treatment plant operations.
This definition shall also include his authorized deputy, agent, or
representative.
SUSPENDED SOLIDS
The result obtained, using an approved laboratory procedure
to determine the dry weight of solids in a sample that either float
on the surface of or are in suspension or are settleable and can be
removed from the sample by filtration, expressed in milligrams per
liter.
TOTAL KJELDAHL NITROGEN (TKN)
The result obtained, using an approved laboratory procedure
to determine the quantity of ammonia in a sample and released during
the acid digestion of organic nitrogen compounds, expressed as milligrams
of nitrogen per liter.
TOTAL PHOSPHORUS
The result obtained using an approved laboratory procedure
to determine the total quantity of orthophosphate in a sample of wastewater,
following the hydrolysis of phosphorus compounds, expressed as milligrams
of phosphorus per liter of sample.
TOWN TREATMENT WORKS (TOWN WASTEWATER TREATMENT PLANT)
A treatment works, as defined by Section 212 of the Act,
(33 U.S.C. § 1292). This definition includes any sewers
and appurtenances that transport wastewater to the Town wastewater
treatment plant but does not include pipes, sewers, or other conveyances
not connected directly or indirectly to a facility providing treatment.
TOWN WASTEWATER TREATMENT PLANT
That portion of the Town wastewater treatment plant designed
to provide treatment to wastewater and to treat sludge and residuals
derived from such treatment.
TOXIC SUBSTANCES
Any substance, whether gaseous, liquid, or solid, that, when
discharged to a public sewer in sufficient quantities, may be hazardous
to Town wastewater treatment plant operation and maintenance personnel,
tend to interfere with any biological sewage treatment process, or
constitute a hazard to recreation in the receiving waters, due to
the effluent from a sewage treatment plant or overflow point. Any
pollutant or combination of pollutants listed as toxic in regulations
promulgated by the EPA under provisions of the Clean Water Act, Section
307(A), or other acts.
USER
Any person who contributes, causes, or permits the contribution
of wastewater into the Town wastewater collection and treatment system.
USER, EXISTING
A discharger to the Town wastewater collection and treatment
system who is discharging on or before the effective date of this
chapter.
USER, INDUSTRIAL
A discharger to the Town wastewater collection and treatment
system who discharges nondomestic wastewaters.
USER, NEW
A discharger to the Town wastewater collection and treatment
system who initiates discharge after the effective date of this chapter.
USER, SIGNIFICANT INDUSTRIAL (SIU)
An industrial user of the Town of Tuxedo Town wastewater
collection and treatment system who is:
A.
Subject to national categorical pretreatment standards promulgated
by the EPA;
B.
Having substantial impact, either singly or in combination with
other industries, on the operation of the treatment works;
C.
Using, on an annual basis, more than 10,000 pounds or 1,000
gallons of raw material containing priority pollutants and/or substances
of concern and discharging a measurable quantity of these pollutants
to the sewer system;
D.
Discharging more than 5% of the flow or load of conventional
pollutants received by the Town wastewater treatment plant.
*Note: A user discharging a measurable quantity of a pollutant
may be classified as nonsignificant if, at the influent to the Town
wastewater treatment plant the pollutant is not detectable.
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VOLUME CHARGE (USER CHARGE)
The demand sewer use charge which is based, in part or wholly, on the volume of normal sewage discharged into the Town wastewater treatment plant (there may be surcharges, as provided for in Article
XII). The volume charge shall be based on a specific cost per 100 cubic feet or per 1,000 gallons. The specific charge shall be subject to approval by the Town of Tuxedo Town Board. The moneys so obtained shall be used for current operation and maintenance, for retirement of bonded indebtedness, and for funding of capital projects of the Town wastewater collection and treatment system. The basis of volume charge calculations shall be made available to the public, on demand, as provided in Article
XIII. The volume charge shall be recalculated annually, as well as the surcharge rates.
WASTEWATER
The liquid- and water-carried industrial or domestic wastewaters
from dwellings, commercial establishments, 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 Town wastewater collection
and treatment system.
WATERS OF THE STATE (STATE'S WATERS)
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.