Unless the context specifically indicates otherwise,
the meanings of terms in this chapter shall be as follows:
303(d) LIST
A list of all surface waters in the state for which beneficial
uses of the water (drinking, recreation, aquatic habitat, and industrial
use) are impaired by pollutants, prepared periodically by NYSDEC as
required by Section 303(d) of the Clean Water Act. 303(d)-listed waters
are estuaries, lakes and streams that fall short of state surface
water quality standards and are not expected to improve within the
next two years.
[Added 12-10-2007 by L.L. No. 5-2007]
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 12-10-2007 by L.L. No. 5-2007]
BOD (DENOTING "BIOCHEMICAL OXYGEN DEMAND")
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20° C., expressed in milligrams per liter.
BUILDER
Any person, persons or corporation who or which undertakes
to construct, either under contract or for resale, any habitable building.
BUILDING DRAIN
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 buildings and conveys it to the building wall.
BUILDING SEWER
The extension from the building drain to the public sewer
or other place of disposal.
CLEAN WATER ACT
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
[Added 12-10-2007 by L.L. No. 5-2007]
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 12-10-2007 by L.L. No. 5-2007]
DEVELOPER
Any person, persons or corporation who or which undertakes
to construct simultaneously more than one housing unit on a given
tract or land subdivision.
EASEMENT
An acquired legal right for the specific use of land owned
by others.
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 12-10-2007 by L.L. No. 5-2007]
HEALTH OFFICER
An agent or representative of the Erie County Health Department.
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 12-10-2007 by L.L. No. 5-2007]
(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 §
93-52 of this chapter.
[Added 12-10-2007 by L.L. No. 5-2007]
INDUSTRIAL ACTIVITY
Activities requiring the SPDES permit for discharges from
industrial activities, except construction, GP-98-03, as amended or
revised.
[Added 12-10-2007 by L.L. No. 5-2007]
INDUSTRIAL WASTES
The liquid wastes from industrial manufacturing processes,
trade or business, as distinct from sanitary sewage.
MS4
Municipal separate storm sewer system.
[Added 12-10-2007 by L.L. No. 5-2007]
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 12-10-2007 by L.L. No. 5-2007]
(1)
Owned or operated by the Town of Aurora;
(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 water or groundwater.
NONSTORMWATER DISCHARGE
Any discharge to the MS4 that is not composed entirely of
stormwater.
[Added 12-10-2007 by L.L. No. 5-2007]
NYSDEC
The New York State Department of Environmental Conservation.
PERSON
Any individual, firm, company, association, society, corporation
or group.
pH
The logarithm of the reciprocal of the weight of hydrogen
ions in grams per liter of solution.
POLLUTANT
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 and ballast discharged into water, any of which
may cause or might reasonably be expected to cause pollution of the
waters of the state in contravention of water quality standards.
[Added 12-10-2007 by L.L. No. 5-2007]
PREMISES
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
[Added 12-10-2007 by L.L. No. 5-2007]
PROPERLY SHREDDED GARBAGE
The wastes from the preparation, cooking and dispensing of
food that have been shredded to such a degree that all particles will
be carried freely under the flow conditions normally prevailing in
public sewers, with no particle greater than 1/2 inch (1.27 centimeters)
in any dimension.
PUBLIC SEWER
A sewer in which all owners of abutting properties have equal
rights and which is controlled by public authority.
SANITARY SEWER
A sewer which carries sewage and to which stormwater, surface
water and groundwater are not intentionally admitted.
SEWAGE
A combination of the water-carried wastes from residences,
business buildings, institutions and industrial establishments, together
with such groundwater, surface water and stormwater as may be present.
SEWAGE WORKS
All facilities for collecting, pumping, treating and disposing
of sewage.
SEWER
A pipe or conduit for carrying sewage.
SLUDGE
Any discharge of water, sewage or industrial waste which,
in concentration of any given constituent or in quantity of flow,
exceeds, for any period of duration longer than 15 minutes, more than
five times the average twenty-four-hour concentration or which flows
during normal operation for the same period of duration.
SPECIAL CONDITIONS
[Added 12-10-2007 by L.L. No. 5-2007]
(1)
Discharge compliance with water quality
standards: the condition that applies where the Town has been notified
that the discharge of stormwater authorized under its 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 Town must take all necessary actions to ensure future
discharges do not cause or contribute to a violation of water quality
standards.
(2)
303(d)-listed waters: the condition
in the Town'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.
(3)
Total maximum daily load (TMDL) strategy:
the condition in the Town's MS4 permit where a TMDL, including requirements
for control of stormwater discharges, has been approved by the EPA
for a water body 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 Town was required to modify its stormwater
management program to ensure that reduction of the pollutant of concern
specified in the TMDL is achieved.
(4)
The condition in the Town's MS4 permit
that applies if a TMDL is approved in the future by the EPA for any
water body or watershed into which an MS4 discharges. Under this condition,
the Town 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 Town 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.
STORMWATER
Rainwater, surface runoff, snowmelt and drainage.
[Added 12-10-2007 by L.L. No. 5-2007]
STORMWATER MANAGEMENT OFFICER (SMO)
An employee or officer of the Town of Aurora appointed by
the Town Board to enforce this chapter. The SMO 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 12-10-2007 by L.L. No. 5-2007]
SUPERINTENDENT
The Superintendent of Public Works of the Town of Aurora
or the Superintendent of Buildings.
SUSPENDED SOLIDS
Solids that either float on the surface of or are in suspension
in water, sewage or other liquids and which are removable by laboratory
filtering.
TMDL
Total maximum daily load.
[Added 12-10-2007 by L.L. No. 5-2007]
TOTAL MAXIMUM DAILY LOAD
The maximum amount of a pollutant to be allowed to be released
into a water body so as not to impair uses of the water, allocated
among the sources of that pollutant.
[Added 12-10-2007 by L.L. No. 5-2007]
TOWN
The Town of Aurora, County of Erie and State of New York,
and represented by the duly elected Town Board of the Town of Aurora
or its authorized agent or representative.
WASTEWATER
Water that is not stormwater, is contaminated with pollutants
and has been or will be discarded.
[Added 12-10-2007 by L.L. No. 5-2007]
WATERCOURSE
A channel in which a flow of water occurs, either continuously
or intermittently.
WPCF
The Water Pollution Control Federation.