Unless the context specifically indicates otherwise,
the meaning of terms used in this chapter shall be as follows:
ACT
The Federal Clean Water Act, as amended.
ASTM
The American Society for Testing and Materials.
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.
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 12-11-2007 by L.L. No. 4-2007]
BUILDING
Includes houses, structures, establishments or properties
used for human occupancy, employment, recreation or other purposes.
BUILDING DRAIN
The lowest horizontal piping of a drainage system within
a building which receives the discharge from soil and waste pipes
and conveys it to the building sewer, which begins three feet outside
the inner face of the building wall.
BUILDING SEWER
The extension from the building drain to the building sewer
lateral or other place of disposal.
BUILDING SEWER LATERAL
That part of the public sewer system with pipes laid transversely
in the street or other right-of-way extending from the private property
line and connecting to the main sewer.
COMMERCIAL USER
Office, store, institution or plant used for any public or
private business, professional, utility, religious, charitable or
other purposes, continuously or intermittently, and which is connected
directly or indirectly to the public sewer system and which cannot
be classified as an industrial user pursuant to this chapter.
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 12-11-2007 by L.L. No. 4-2007]
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.
DOMESTIC SEWAGE
Sewage discharging from the sanitary conveniences of dwellings,
including apartment houses and hotels, offices and commercial buildings,
factories and institutions.
EASEMENT
An acquired legal right for the specific use of land owned
by others.
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 12-11-2007 by L.L. No. 4-2007]
HOTEL OR MOTEL
Any home, cabin or building providing public lodging for
transients.
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 12-11-2007 by L.L. No. 4-2007]
(1)
Any conveyance which allows any nonstormwater
discharge, including treated or untreated sewage, process polluted
water, 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 §
200-20E of this chapter.
[Added 12-11-2007 by L.L. No. 4-2007]
INDUSTRIAL ACTIVITY
Activities requiring the SPDES permit for discharges from
industrial activities except construction, GP-98-03, as amended or
revised.
[Added 12-11-2007 by L.L. No. 4-2007]
INDUSTRIAL USER
Any user generating or producing as a by-product liquid wastes
from manufacturing processes, trade, business, institution or other
standard industrial classification (SIC) index operations as distinct
from domestic sewage.
INDUSTRIAL WASTES
The liquid wastes from industrial manufacturing processes,
trade, business, institutions or other standard industrial classification
(SIC) index establishments or operations as distinct from sanitary
or domestic sewage.
INFLOW
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 and sanitary sewers, catch basins, cooling towers, stormwaters,
surface runoff, street wash waters or drainage. Inflow does not include,
and is distinguished from, infiltration.
INTERFERENCE
The inhibition or disruption of the POTW treatment processes
or operations or which contributes to a violation of any requirement
of Niagara County Sewer District #1 SPDES permit. The term includes
prevention of sewage sludge reuse, reclamation or disposal by the
POTW in accordance with § 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 Substance
Control Act or more stringent state criteria applicable to the method
of disposal or use employed by the POTW.
MAIN SEWER OR STREET SEWER
That part of the public sewer system with pipes laid longitudinally
along the center line or other part of the street or other right-of-way
and to which building sewer laterals may be connected.
MS4
Municipal separate storm sewer system.
[Added 12-11-2007 by L.L. No. 4-2007]
MULTIUSER BUILDING
Any building which contains or houses more than one residential
and/or commercial user, such as an apartment, house, plaza containing
a number of separate businesses, living units or combination thereof
unless as exempted by this chapter.
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 12-11-2007 by L.L. No. 4-2007]
(1)
Owned or operated by the Town of Niagara;
(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, river,
well or other body of water or surface or ground water.
NONSTORMWATER DISCHARGE
Any discharge to the MS4 that is not composed entirely of
stormwater.
[Added 12-11-2007 by L.L. No. 4-2007]
NPDES
National Pollutant Discharge Elimination System Permit Program,
whether administered by the USEPA or by the state.
NYSDEC
The New York State Department of Environmental Conservation
or other duly authorized official of said Department.
OWNER
Owner of record in fee simple of the premises, or lesser
estate therein, a mortgagee or vendee in possession, assignee of rents,
a receiver, executor, trustee, lessee or other person, firm or corporation
in control of a building.
PERSON
Any individual, firm, company, association, society, corporation,
group or legal entity, including a municipality.
pH
The logarithm to the base 10 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 12-11-2007 by L.L. No. 4-2007]
POLLUTED WATER
Water that is not stormwater, is contaminated with pollutants
and has been or will be discarded.
[Added 12-11-2007 by L.L. No. 4-2007]
POLLUTION
The man-made or man-induced alteration of chemical, physical,
biological and radiological integrity of water.
POTW TREATMENT PLANT
That portion of the POTW which is designed to provide treatment,
including recycling and reclamation, of municipal sewage and industrial
waste. [40 CFR 403.3(p)]
PREMISES
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
[Added 12-11-2007 by L.L. No. 4-2007]
PREMISES ACCESSIBLE TO THE SEWER SYSTEM
Real estate which adjoins, abuts or is adjacent to a street
or other right-of-way in which there is a main sewer, even though
a building sewer lateral is not installed.
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 and the public sewer system.
The reduction or an 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.
PROPERLY SHREDDED GARBAGE
The wastes from the preparation, cooking and dispensing of
foods that have been shredded to such decree 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 § 212 of the Clean
Water Act, which is owned by the state or its municipality. A POTW
includes any devices and systems used in the storage, treatment, recycling
and reclamation of municipal sewage or industrial wastes of a liquid
nature. It also includes sewers, pipes and other conveyances, only
if they convey wastewater to a POTW treatment plant. [40 CFR 403.3(0)]
PUBLIC SEWER SYSTEM OR PUBLIC SEWER
The sanitary sewer constructed and/or owned by the Town for
collection and transportation of domestic, commercial or industrial
wastewater or any other wastewater approved for discharge by the Town.
RESIDENTIAL USER
Individual house, individual apartment or other unit used
as living quarters, continuously or intermittently, and which is connected
directly or indirectly to the public sewer system.
SANITARY SEWER
A sewer which carries wastewater and to which storm-, surface
and ground water are not intentionally admitted.
SEWAGE
Wastewaters from all sources except industrial waste with
stormwater and surface water excluded.
SEWER
A pipe or conduit for carrying wastewater.
SIGNIFICANT INDUSTRIAL USERS
(1)
All industries subject to promulgated categorical
pretreatment standards.
(2)
Industries having substantial impact, either
singly or in combination with other contributing industries, on the
operation of treatment works or Town sewers.
(3)
Manufacturing industries using, on an annual
basis, more than 10,000 pounds and/or 1,000 gallons of material containing
priority pollutants/substances of concern and discharging a measurable
amount of those pollutants to the sewer system from the processes
using these pollutants.
(4)
Those industries discharging more than 5% of
the flow or load carried by the treatment plant receiving the waste.
SLUG
Any discharge of water, wastewater 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 flows during
normal operation.
SPECIAL CONDITIONS[Added 12-11-2007 by L.L. No.
4-2007]
(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
The State of New York.
STORMWATER
Rainwater, surface runoff, snowmelt and drainage.
[Added 12-11-2007 by L.L. No. 4-2007]
STORMWATER MANAGEMENT OFFICER (SMO)
An employee or officer of the Town of Niagara appointed by
the Town Board to enforce this section. 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 12-11-2007 by L.L. No. 4-2007]
SUPERINTENDENT
A person designated by the Town Board to be in charge of
supervision of public sewer system and all other sewerage works of
the Town of Niagara, his or her authorized deputy, agent or representative.
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 filtering
under standard laboratory procedures, expressed in parts per million
by weight.
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 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 12-11-2007 by L.L. No. 4-2007]
TMDL
Total maximum daily load.
[Added 12-11-2007 by L.L. No. 4-2007]
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 12-11-2007 by L.L. No. 4-2007]
TOWN BOARD
The Town Board of the Town of Niagara, New York.
UNPOLLUTED WATER
Water of quality equal to or better than the effluent criteria
in effect or water that would not cause violation of receiving water
quality standards and would not be benefited by discharge to the sanitary
sewers and wastewater treatment facilities provided.
USEPA
The United States Environmental Protection Agency or, where
appropriate, the designation for the administrator or other duly authorized
official of said agency.
USER
Any person, firm, corporation or legal entity whose premises
are connected to the sanitary sewer system of the Town or a user under
a legal obligation to connect.
WASTEWATER
Any used water containing animal, mineral or vegetable matter
in suspension or solution discharged from commercial, residential
or industrial source.
WATERCOURSE
A natural or artificial channel for the passage of water,
either continuously or intermittently.