Unless the context specifically indicates otherwise,
the meaning of the 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 11-26-2007 by L.L. No. 12-2007]
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 11-26-2007 by L.L. No. 12-2007]
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 undertake 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 11-26-2007 by L.L. No. 12-2007]
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 11-26-2007 by L.L. No. 12-2007]
DEVELOPER
Any person, persons or corporation who undertake 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 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 11-26-2007 by L.L. No. 12-2007]
HEALTH OFFICER
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 11-26-2007 by L.L. No. 12-2007]
(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 §
205-57 of this chapter.
[Added 11-26-2007 by L.L. No. 12-2007]
INDUSTRIAL ACTIVITY
Activities requiring the SPDES permit for discharges from industrial
activities except construction, GP-98-03, as amended or revised.
[Added 11-26-2007 by L.L. No. 12-2007]
INDUSTRIAL WASTES
The liquid wastes from industrial manufacturing processes, trade
or business as distinct from sanitary sewage.
MS4
Municipal separate storm sewer system.
[Added 11-26-2007 by L.L. No. 12-2007]
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 11-26-2007 by L.L. No. 12-2007]
(1)
Owned or operated by the Village of East 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 11-26-2007 by L.L. No. 12-2007]
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 11-26-2007 by L.L. No. 12-2007]
PREMISES
Any building, lot, parcel of land, or portion of land, whether improved
or unimproved, including adjacent sidewalks and parking strips.
[Added 11-26-2007 by L.L. No. 12-2007]
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 stormwaters, surface waters
and groundwaters are not intentionally admitted.
SEWAGE
A combination of the water-carried wastes from residences, business
buildings, institutions and industrial establishments, together with such
groundwaters, surface waters 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.
SLUG
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 11-26-2007
by L.L. No. 12-2007]
(1)
Discharge compliance with water quality standards: the condition that
applies where the Village 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 Village 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 Village'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 Village'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 Village 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 Village'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 Village 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
Village 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 11-26-2007 by L.L. No. 12-2007]
STORMWATER MANAGEMENT OFFICER (SMO)
An employee or officer designated by the Village of East Aurora to
enforce the illicit discharge provisions of 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 11-26-2007 by L.L. No. 12-2007]
SUPERINTENDENT
The head of the Department of Public Works of the Village of East
Aurora, or his authorized deputy, agent or representative.
[Amended 3-14-2006 by L.L. No. 1-2006]
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 11-26-2007 by L.L. No. 12-2007]
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 11-26-2007 by L.L. No. 12-2007]
VILLAGE
The Village of East Aurora, County of Erie and State of New York,
and represented by the duly elected Board of Trustees of the Village of East
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 11-26-2007 by L.L. No. 12-2007]
WATERCOURSE
A channel in which a flow of water occurs, either continuously or
intermittently.
WPCF
The Water Pollution Control Federation.