Unless the context specifically indicates otherwise,
the following terms and phrases, as used in this article, shall have
the meanings hereinafter designated:
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 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 12-20-2007 by L.L. No. 11-2007]
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.
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 12-20-2007 by L.L. No. 11-2007]
BIOCHEMICAL OXYGEN DEMAND (BOD)
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at 20° C., expressed in terms of weight and concentration [milligrams
per liter (mg/l)].
BUILDING INSPECTOR
The inspector employed by the Town of Southeast or its authorized
representative.
BUILDING SANITARY DRAIN
That part of a wastewater drainage system which receives
the discharge of wastewater inside the walls of the building and conveys
such discharge to the building sewer.
BUILDING SEWER
A sewer conveying wastewater from the premises of a user
to a POTW.
CLEAN WATER ACT
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
[Added 12-20-2007 by L.L. No. 11-2007]
CONSTRUCTION ACTIVITY
Activities requiring authorization under the SPDES permit
for stormwater discharges from construction activity, GP-02-01, as
amended or revised. These activities include construction projects
resulting in land disturbance of one or more acres. Such activities
include but are not limited to clearing and grubbing, grading, excavating,
and demolition.
[Added 12-20-2007 by L.L. No. 11-2007]
COOLING WATER
The water discharged from any use such as air-conditioning,
cooling or refrigeration or to which the only pollutant added is heat.
DESIGN PROFESSIONAL
A New York State licensed professional engineer or licensed
architect.
[Added 12-20-2007 by L.L. No. 11-2007]
DIRECT DISCHARGE
The discharge of treated or untreated wastewater directly
to the water of the State of New York.
DRAIN LAYER
A plumber or other person licensed by the county for the
purpose of laying building sewers or connecting the same to public
sewers.
[Added 9-13-1984]
ENVIRONMENTAL PROTECTION AGENCY or EPA
The United States Environmental Protection Agency, or, where
appropriate, the term may also be used as a designation for the Administrator
or other duly authorized official of said Agency.
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 12-20-2007 by L.L. No. 11-2007]
HOLDING TANK WASTE
Any waste from holding tanks such as vessels, chemical toilets,
campers, trailers, septic tanks and vacuum-pump tank trucks.
ILLICIT CONNECTIONS
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the Town's storm sewer
system, including but not limited to:
[Added 12-20-2007 by L.L. No. 11-2007]
(1)
Any conveyances which allow any nonstormwater
discharge, including treated or untreated sewage, process wastewater,
and wash water, to enter the MS4 and any connections 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 herein.
[Added 12-20-2007 by L.L. No. 11-2007]
INDIRECT DISCHARGE
The discharge or the introduction of nondomestic pollutants
from any source regulated under Section 307(b) or (c) of the Act (33
U.S.C. § 1317) into the POTW, including holding tank waste
discharged into the system.
INDIVIDUAL SEWAGE TREATMENT SYSTEM
A facility serving one or more parcels of land or residential
households, or a private, commercial, or institutional facility, that
treats sewage or other liquid wastes for discharge into the groundwaters
of New York State, except where a permit for such a facility is required
under the applicable provisions of Article 17 of the Environmental
Conservation Law.
[Added 12-20-2007 by L.L. No. 11-2007]
INDUSTRIAL ACTIVITY
Activities requiring the SPDES permit for discharges from
industrial activities, except construction, GP-98-03, as amended or
revised.
[Added 12-20-2007 by L.L. No. 11-2007]
INTERFERENCE
The inhibition or disruption of the POTW treatment processes
or operations or contribution to a violation of any requirements of
the Town's SPDES permit. The term includes prevention of sewage sludge
use or disposal by a POTW in accordance with Section 405 of the Act
(33 U.S.C. § 1345) or any criteria, guidelines or regulations
developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean
Air Act, the Toxic Substances Control Act or more-stringent state
criteria (including those contained in any state sludge management
plan prepared pursuant to Title IV of SWDA) applicable to the method
of disposal or use employed by the POTW.
MS4 (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 drains):
[Added 12-20-2007 by L.L. No. 11-2007]
(1)
Owned or operated by the Town of Southeast;
(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) for treatment of sewage, as defined at 40 CFR 122.2.
NONSTORMWATER DISCHARGE
Any discharge to the MS4 that is not composed entirely of
stormwater.
[Added 12-20-2007 by L.L. No. 11-2007]
NYSDEC
The New York State Department of Environmental Conservation.
[Added 12-20-2007 by L.L. No. 11-2007]
PERSON
Any individual, partnership, copartnership, firm, company,
corporation, association, joint-stock company, trust, estate, governmental
entity or any other legal entity, or their legal representatives,
agents or assigns.
pH
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions.
POLLUTANT
Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, chemical wastes, biological materials,
radioactive materials, heat, wrecked or discharged equipment, rock,
sand, cellar dirt and industrial, municipal and agricultural waste
discharged into water.
[Amended 12-20-2007 by L.L. No. 11-2007]
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 12-20-2007 by L.L. No. 11-2007]
PRETREATMENT or 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 POTW. The reduction
or alteration can be obtained by physical, chemical or biological
processes.
PUBLICLY OWNED TREATMENT WORKS (POTW)
A treatment works, as defined by Section 212 of the Act (33
U.S.C. § 1292), which is owned by the Town or a Town sanitary
sewer district. This definition includes any sewers that convey wastewater
to a POTW treatment plant but does not include pipes, sewers or other
conveyances not connected to a facility providing treatment.
PUBLIC SEWER or PUBLIC SEWER SYSTEM
That part of a POTW that conveys wastewater to a POTW treatment
plant, including all lateral connections constructed as part of the
public sewer system.
SEWER INSPECTOR
An employee of the Town of Southeast designated and authorized
by the Town to inspect and approve of the installation of building
sewers and connection of the building sewers to the public sewer system.
[Added 9-13-1984]
SPECIAL CONDITIONS
Conditions that may affect the Town of Southeast's coverage
under GP-02-03, as follows:
[Added 12-20-2007 by L.L. No. 11-2007]
(1)
Discharge compliance with water quality standards:
the condition that applies where the Town of Southeast has been notified
that the discharge of stormwater authorized under the GP-02-02 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 BPA 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 municipality was required to modify its stormwater
management program to ensure that reduction of the pollutant of concern
specified in the TMDL was 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
The State of New York.
STORMWATER
Any flow occurring during or following any form of natural
precipitation and resulting therefrom, including rainwater, surface
runoff, snow melt and drainage.
[Amended 12-20-2007 by L.L. No. 11-2007]
STORMWATER MANAGEMENT SYSTEM OPERATOR AND SEWER INSPECTOR
The Town Highway Superintendent or other public official(s)
designated by the Town of Southeast to enforce this article. The responsible
person may also be designated by the Town to inspect stormwater management
practices, systems and related improvements. The designated person
may also inspect and approve the installation of building sewers and
connection of the building sewers to the public sewer system.
[Added 12-20-2007 by L.L. No. 11-2007]
SURFACE WATERS OF THE STATE OF NEW YORK
[Added 12-20-2007 by L.L. No. 11-2007]
(1)
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 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.
(2)
Storm sewers and waste treatment systems, including
treatment ponds or lagoons, which also meet the criteria of this definition,
are not waters of the state. This exclusion applies only to man-made
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.
SUPERVISOR
The Supervisor of the Town of Southeast or his duly authorized
representative.
SUSPENDED SOLIDS
The total suspended matter that floats on the surface of
or is suspended in water, wastewater or other liquids and which is
removable by laboratory filtering.
TMDL (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 12-20-2007 by L.L. No. 11-2007]
TOWN
The Town of Southeast or the Town Board of Southeast.
TOXIC POLLUTANT
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the Administrator of the Environmental
Protection Agency under the provisions of CWA Section 307(a) or other
acts.
USER
Any person who contributes, causes or permits the contribution
of wastewater into a POTW.
WASTEWATER
Water that is not stormwater, is contaminated with pollutants
and is or will be discarded.
[Amended 12-20-2007 by L.L. No. 11-2007]
WATER OF THE STATE
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.