[Amended 7-15-1985 by L.L. No. 22-1985; 12-31-1987 by L.L. No. 14-1987]
A. 
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]
COMBINED SEWER
A sewer receiving both surface runoff and sewage.
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 TREATMENT PLANT
Any arrangement of devices and structures used for treating sewage.
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.
STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM (SPDES) STORMWATER DISCHARGE PERMIT
A permit issued by NYSDEC that authorizes the discharge of pollutants to waters of the state.
[Added 11-26-2007 by L.L. No. 12-2007]
STORM DRAIN (sometimes termed "STORM SEWER")
A sewer which carries stormwaters and surface waters and drainage, but excludes all sewage and industrial wastes other than unpolluted cooling water.
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.[1] 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.
[1]
Editor's Note: See Art. XI, Storm Sewers, of this chapter.
B. 
"Shall" is mandatory; "may" is permissive.