[Amended 4-5-1982[1]]
A. 
Word usage. "Shall" is mandatory; "may" is permissive.
B. 
For the purpose of this chapter, the terms used herein are defined as follows:
ACT
The Federal Clean Water Act, as amended.
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, operation procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.
[Added 12-17-2007 by L.L. No. 6-2007; amended 12-2-2019 by L.L. No. 8-2019]
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 parts per million by weight.
BUILDING SANITARY DRAIN
That part of the lowest horizontal piping of a building sanitary drainage system which receives the discharge from waste piping inside the walls of any building and conveys such discharge to the building sewer beginning three feet outside the outer face of the building wall.
BUILDING SEWER
That part of the horizontal piping of a sanitary system which extends from the end of the building sanitary drain and conveys sewage to a public sewer, individual sanitary disposal system or other approved facility.
CLEAN WATER ACT
The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto
[Added 12-17-2007 by L.L. No. 6-2007]
CODE ENFORCEMENT OFFICER
The person or persons duly authorized by the Town Board to inspect and approve the installation of building sewers and their connection to the public sewer system.
COMBINED SEWER
A pipe or conduit designed to carry both stormwater and wastewater.
[Added 12-2-2019 by L.L. No. 8-2019]
CONNECTION
The "connection" to the public sewer shall include the building sewer and the tap into the public sewer.
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 12-17-2007 by L.L. No. 6-2007]
CONTAMINATION
An impairment of the quality of the waters of the state by waste to a degree which creates a hazard to the public health through poisoning or through the spread of disease.
DEPARTMENT
The New York State Department of Environmental Conservation.
[Added 12-17-2007 by L.L. No. 6-2007]
DOMESTIC WASTE
Water-carried waste generated by residences.
[Added 12-2-2019 by L.L. No. 8-2019]
GARBAGE
Solid wastes from the 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 12-17-2007 by L.L. No. 6-2007]
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 12-17-2007 by L.L. No. 6-2007]
(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 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
(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 § 267-36 of this chapter.
[Added 12-17-2007 by L.L. No. 6-2007]
INDUSTRIAL ACTIVITY
Activities requiring the SPDES permit for discharges from industrial activities except construction, GP-98-03, as amended or revised.
[Added 12-17-2007 by L.L. No. 6-2007]
INDUSTRIAL WASTES
The combination of liquid and water-carried waste from industrial processes, trade or business as distinct from domestic or sanitary wastes.
INTERCEPTOR
A device designed and installed so as to separate and retain deleterious, hazardous matter or otherwise undesirable matter, such as grease, oil or sand, and to permit only normal sewage to discharge into the public sewer.
LICENSED PLUMBER
A plumber duly licensed by the Town of Grand Island.
MS4
Municipal separate storm sewer system.
[Added 12-17-2007 by L.L. No. 6-2007]
MUNICIPAL SEPARATE STORM SEWER SYSTEM
A conveyance or system of conveyances (including, but not limited to, roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains):
[Added 12-17-2007 by L.L. No. 6-2007; amended 12-2-2019 by L.L. No. 8-2019]
(1) 
Owned or operated by the Town of Grand Island;
(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 groundwater.
NONSTORMWATER DISCHARGE
Any discharge to the MS4 that is not composed entirely of stormwater.
[Added 12-17-2007 by L.L. No. 6-2007]
PERSON
Any individual, association, organization, partnership, firm, corporation or other entity recognized by law.
[Amended 12-17-2007 by L.L. No. 6-2007]
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, or industrial, municipal, agricultural waste or 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 12-17-2007 by L.L. No. 6-2007]
POLLUTION
The man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water.
PREMISES
Any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.
[Added 12-17-2007 by L.L. No. 6-2007]
PRETREATMENT
The reduction of the amount of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, process changes or by other means, except as prohibited by 40 CFR 403.6, General Pretreatment Regulations for Existing and New Sources of Pollution.
PRIVATE SEWER or INDIVIDUAL SANITARY DISPOSAL SYSTEM
A sewer privately owned and not directly serviced by public authority.
PROPERLY SHREDDED GARBAGE
The wastes from the preparation, cooking and dispensing of food that have been shredded to such 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 in any dimension.
PUBLICLY OWNED TREATMENT WORKS (POTW)
A "treatment works" as defined by Section 212 of the Act (33 U.S.C. § 1292). It includes any sewers that convey wastewater to the POTW but does not include pipes, sewers or other conveyances not connected to a facility providing treatment.
PUBLIC SEWER
A sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.
SANITARY SEWER
A sewer which carries sewage and to which storm-, surface and ground waters are not intentionally admitted.
SANITARY WASTE
Liquid or solid waste generated by humans and human activities. Does not include industrial waste.
[Added 12-2-2019 by L.L. No. 8-2019]
SEWAGE
A combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground-, surface and stormwaters as may be present.
SEWAGE WORKS
All facilities for collecting, pumping, treating and disposing of sewage.
SEWER
A pipe or conduit for carrying sewage.
SIGNIFICANT INDUSTRIAL USER
Any user who has a discharge flow of 25,000 gallons or more per average workday; or has a flow greater than 5% of the flow in the municipality's wastewater system; or has in his waste toxic pollutants, as defined pursuant to Section 307 of the Act; or has been identified as one of the 21 industrial categories pursuant to Section 307 of the Act; or is found by the Town to have significant impact, either singly or in combination with other contributing industries, on the treatment or collection system.
[Amended 12-2-2019 by L.L. No. 8-2019]
SLUG
Any discharge of water or wastewater which, in concentration of any given constituent or in quantity of flow, exceeds for any given period of duration longer than 15 minutes more than five times the average twenty-four-hour concentration of flows during normal operation and which shall adversely affect the collection system and/or performance of the wastewater treatment works.
SPECIAL CONDITIONS
[Added 12-17-2007 by L.L. No. 6-2007]
(1) 
Discharge compliance with water quality standards: the condition that applies where the Town has been notified that the discharge of stormwater authorized under 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 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 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 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.
STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM (SPDES) STORMWATER DISCHARGE PERMIT
A permit issued by the Department that authorizes the discharge of pollutants to waters of the state.
[Added 12-17-2007 by L.L. No. 6-2007]
STORM SEWER (sometimes termed "storm drain")
A sewer which is designed or used for collecting or carrying stormwater runoff, snowmelt, and drainage, but which excludes sewage and industrial wastes, other than unpolluted cooling water.
[Amended 12-17-2007 by L.L. No. 6-2007]
STORMWATER
Rainwater, surface runoff, snowmelt and drainage.
[Added 12-17-2007 by L.L. No. 6-2007]
STORMWATER MANAGEMENT OFFICER (SMO)
The Town Engineer and Code Enforcement Officer, and their staffs, and any other employee, contractor or other public official(s) designated by the Town Board to enforce this chapter. The SMO also accepts and reviews stormwater pollution prevention plans (SWPPPs), forwards the plans to such agency, committee, employee, or board of the Town of Grand Island which may be reviewing any applications for a construction activity requiring submission of a SWPPP, and inspects stormwater management practices.
[Added 12-17-2007 by L.L. No. 6-2007]
SUPERINTENDENT
The Superintendent of Sewers for the Town of Grand Island as appointed by the Town Board, or his authorized deputy, agent or representative.
[Repealed 10-15-2012 by L.L. No. 3-2012; added 12-2-2019 by L.L. No. 8-2019]
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.
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 the Department 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 12-17-2007 by L.L. No. 6-2007]
TMDL
Total maximum daily load.
[Added 12-17-2007 by L.L. No. 6-2007]
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 12-17-2007 by L.L. No. 6-2007]
TOWN
The Town of Grand Island.
[Added 12-17-2007 by L.L. No. 6-2007]
TOWN ENGINEER
The Town Engineer of the Town of Grand Island.
TOXIC
Any of the pollutants designated by federal regulations pursuant to Section 307(a)(1) of the Act.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY or USEPA
The United States Environmental Protection Agency or, where appropriate, a designation for the administrator or other duly authorized official of said agency.
WASTEWATER
Water that is not stormwater, is contaminated with pollutants and has been or will be discarded.
[Added 12-17-2007 by L.L. No. 6-2007]
WATERCOURSE
A drainage channel in which a flow of water occurs, either continuously or intermittently.
[Amended 12-2-2019 by L.L. No. 8-2019]
[1]
Editor's Note: This ordinance, amending this and other sections throughout the chapter, was enacted to comply with the requirements of the New York State Department of Environmental Conservation and the United States Environmental Protection Agency (Federal Clean Water Act, 33 U.S.C. § 1150 et seq.).