(1) 40 C.F.R. part 403 shall mean the General Pretreatment Regulations for existing and new sources of pollution as promulgated by the U.S.E.P.A. and published in the Code of Federal Regulations.

(2) Abnormal strength sewage shall mean any waste having a total suspended solid, B.O.D.₅, or total phosphate concentration in excess of that found in normal strength sewage, but which is otherwise acceptable into a public sewer under the terms of these regulations.

(3) A.S.T.M. shall mean the American Society for Testing and Materials.

(4) Approval authority shall mean the N.Y.S.D.E.C. or the E.P.A.

(5) Authorized representative of an industrial user shall mean:

(6) Best management practices (BMPs) means 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.

(7) B.O.D.₅ (denoting five-day biochemical oxygen demand) shall mean 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.

(8) B.P.D.E.S. permit or Buffalo Pollution Discharge Elimination System permit shall mean a permit which authorizes the discharge of industrial waste or, which authorizes the discharge of spills or temporary discharges of industrial waste, including, but not limited to, discharges from property remediation, construction and/or demolition activities into the B.S.A.'s facilities or into any sanitary sewer under jurisdiction of the B.S.A. or, in a contracted service area, under the jurisdiction of the B.S.A. and the contracted service area jurisdiction.

(9) B.S.A. or the authority shall mean the Buffalo Sewer Authority, a public benefit corporation organized and existing pursuant to the New York Public Authorities Law, section 1175 et seq., as amended, with its principal office located at 1038 City Hall, Buffalo, NY 14202.

(10) B.S.A. Schedule of Sewer Rents shall mean the schedule of sewer rents and other charges, including but not limited to, the amount of sewer rents, fees, charges, surcharges and delinquent charges, established by the Buffalo Sewer Authority pursuant to the New York Public Authorities Law, section 1180. A copy of the current edition of such schedule is available at the principal office of the B.S.A.

(11) Building drain is that part of the horizontal piping of a building drainage system which receives the discharge of all soil, waste and other drainage from inside the walls of any building and conveys the same to the building service sewer five feet outside the foundation wall of such building.

(12) Building service sewer is that part of the horizontal piping of a building drainage system beginning five feet from the foundation wall and terminating at its connection with the main sewer, cesspool, bacterial tank or other disposal terminal.

(13) City of Buffalo or the city shall mean the City of Buffalo, a municipal corporation of the State of New York with principal offices at City Hall, 65 Niagara Street, Buffalo, NY 14202.

(14) Collecting sewer shall mean a sewer that receives wastewater from a relatively small area and discharges into a main sewer serving more than one collecting sewer.

(15) Combined sewer is a public sewer or drain intended or designed to receive and transport domestic sewage, industrial wastes, as well as surface runoff and stormwater.

(16) Commercial establishments shall mean private establishments such as restaurants, hotels, stores, filling stations, or recreational facilities. Private nonprofit entities such as churches, schools, hospitals, or charitable organizations are considered to be commercial establishments.

(17) Common sewer shall mean a building service sewer or building drain that receives wastewater from more than one discharger before it empties into a collecting sewer.

(18) Compatible pollutant shall mean bio-chemical oxygen demand (B.O.D.), total suspended solids (T.S.S.), pH, fecal or total coliform bacteria, phosphate and phosphorus compounds, fats, oils, and greases of animal or vegetable origin, except as prohibited herein or identified on the Buffalo Sewer Authority's State Pollution Discharge Elimination System permit.

(19) Composite sample, composite shall mean a combination of individual (or continuously taken) samples obtained at regular intervals over the entire discharge day. The volume of each sample shall be proportional to the discharge flow rate. For a continuous discharge, a minimum of 48 individual grab samples (at half-hour intervals) shall be collected and combined to constitute a 24-hour composite sample. For intermittent discharges of four to eight hours duration, grab samples shall be taken at a minimum of 30-minute intervals. For intermittent discharges of less than four hours duration grab samples shall be taken at a minimum of 15-minute intervals.

(20) Connector shall mean the attachment of the pipeline from the sewer main to the building drain, control manhole or monitoring station.

(21) Construction activity means 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.

(22) Contact cooling water shall mean water used in a process for cooling purposes which has come in direct contact with the process reactants or products.

(23) Contracted service area shall mean a geographic area outside the immediate city boundaries (e.g., sewer district) of the B.S.A. which, through contractual agreement, is connected to the B.S.A. sewage collection system in order to have sewage generated in that area treated at the B.S.A. treatment plant.

(24) Direct contributor shall mean any user conveying waste from a building service, directly to a B.S.A. public sewer.

(25) Direct discharge is the discharge of treated or untreated wastewater directly to the waters of the State of New York.

(26) Domestic sewage shall mean a combination of the water-carried normal strength sewage from residences, business buildings, institutions and industrial establishments.

(27) Domestic user shall mean any user not covered under the definition of industrial user.

(28) Environment shall mean any water, water vapor, any land, including land surface or subsurface, air, fish, wildlife, biota, and all other natural resources.

(29) E.P.A. or U.S.E.P.A. shall mean the United States Environmental Protection Agency. This agency name may also refer to the administrator or other duly authorized official of the E.P.A., as the context may indicate.

(30) Fine shall mean a sum of money imposed as a penalty for violation of these regulations.

(31) Garbage shall mean solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.

(32) General manager shall mean the Chief Executive Officer of the Buffalo Sewer Authority or his designated deputy, agent or representative.

(33) Grab sample shall mean an individual sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of time.

(34) Groundwater shall mean water within the earth.

(35) Hazardous materials means 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.

(36) Illicit connection means any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the MS4, including but not limited to:

(37) Illicit discharge shall mean any direct or indirect non-stormwater discharge to the MS4, except as exempted in this regulation.

(38) Incompatible pollutant shall mean any pollutant which is not a compatible pollutant.

(39) Indirect contributor shall mean any person who contributes waste to a public B.S.A. sewer by any means other than that defined in paragraph (24) of this subdivision.

(40) Indirect discharge shall mean the introduction of pollutants into a POTW from any source.

(41) Industrial user shall mean an industrial source of indirect discharge.

(42) Industrial waste means the liquid, solid, and gaseous waste, including suspended solids resulting from the processes employed in industrial or commercial establishments.

(43) Industrial waste surcharge shall mean a charge, as specified in the latest edition of the B.S.A. Schedule of Sewer Rents (see Appendix 52 of this Title), levied on industrial users of the sewerage treatment works for the additional cost of treating waste discharges of abnormal strength sewage. This charge may include capital, as well as operating and maintenance costs.

(44) Infiltration shall mean the water entering a sewer system from the ground through such means as, but not limited to, defective pipes, pipe joints, connections, or manhole walls. Infiltration does not include, and is distinguished from, inflow.

(45) Infiltration/inflow shall mean the total quantity of water from both infiltration and inflow without distinguishing the source.

(46) Inflow shall mean the water discharged into a sewer system and service connections from such sources as, but not limited to, roof leaders, cellar, yard and area drains, foundation drains, cooling water discharges, drains from springs and swampy areas, manhole covers, cross-connections from storm sewers and combined sewers, catch basins, stormwater, surface run-off, street wash water, or drainage. It does not include, and is distinguished from, infiltration.

(47) Interference shall mean an inhibition or disruption of the authority's facilities, its treatment processes or operations, or its sludge processes, use or disposal.

(48) Land development activity shall mean construction activity including clearing, grading, excavating, soil disturbance or placement of fill that results in land disturbance of equal to or greater than one acre or activities disturbing less than one acre of total land area that is part of a larger common plan of development or sale, even though multiple separate and distinct land development activities may take place at different times on different schedules.

(49) Lateral sewer shall mean a sewer that discharges into a collecting sewer or other sewers and has no other common sewer tributary to it.

(50) Main sewer shall mean a sewer that receives wastewater from the collecting sewer.

(51) mg/l shall mean milligrams per liter. For purposes of this regulation, mg/l and ppm are equivalent.

(52) MS4 or municipal separate storm sewer system shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) owned or operated by the B.S.A., designed or used for collecting or conveying stormwater, which is not a combined sewer, and which is not part of a publicly owned treatment works (POTW).

(53) National Pretreatment Standard or Federal Categorical Standard shall mean any regulation containing pollutant discharge limits promulgated by EPA in accordance with section 307(b) and (c) of the Clean Water Act, which applies to industrial users. This term includes prohibitive discharge limits established pursuant to 40 CFR section 403.5.

(54) Natural outlet shall mean any outlet into a watercourse, pond, ditch, lake or other body of surface or groundwater.

(55) Noncontact cooling water shall mean water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product or finished product.

(56) Non-significant industrial user shall mean an industrial user that does not come under any of the provision of paragraph (90) of this subdivision.

(57) Non-stormwater discharge means any discharge to the MS4 that is not composed entirely of stormwater.

(58) Normal strength sewage shall mean sewage having a concentration of not greater than 250 parts per million BOD₅, 250 parts per million TSS, and 5.0 parts per million of total phosphorous, and which is otherwise acceptable into a public sewer under the terms of these regulations.

(59) NPDES (National Pollutant Discharge Elimination System) shall mean the Federal system through which permits are issued to regulate discharge into navigable waters from all point sources of pollution including industries and municipal wastewater treatment plants.

(60) N.Y.S.D.E.C. or D.E.C. shall mean the New York State Department of Environmental Conservation. This department name may also refer to the commissioner or other duly authorized official of the N.Y.S.D.E.C., as the context may indicate.

(61) Objectionable waste shall mean any wastes that can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving stream, or otherwise endanger life, health, or property, or constitutes a nuisance.

(62) Occupied building means and refers to any structure erected and intended for habitation, occupancy or use by human beings or animals and from which structure wastewater is or may be discharged.

(63) Other wastes shall mean garbage (shredded or unshredded), refuse, wood, egg shells, coffee grounds, sawdust, shavings, bark, sand, lime, ashes, and all other discharged matter not normally present in sewage or industrial wastes which may cause or might be reasonably expected to cause pollution.

(64) Outfall shall mean the discrete point or location where sewage, wastewater or other wastes are discharged from a users facility to the public sewer.

(65) ppb shall mean parts per billion. For purposes of this regulation, ppb and ug/l are equivalent.

(66) P (Total Phosphorus) shall mean the total quantity of phosphorus contained in a particular waste as determined by acceptable laboratory procedures, as set forth in section 10075.9(b) of this Part.

(67) pH shall mean the logarithm of the reciprocal of the concentration of hydrogen ions in moles per liter of solution as determined by acceptable laboratory procedures as set forth in section 10075.9(b) of this Part.

(68) Point of discharge shall mean any discernible, confined and discrete conveyance or vessel from which pollutants are or may discharge into a public waterway or public sewer system.

(69) Pollutant means 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 or ballast discharged into water; which may cause or might reasonably be expected to cause pollution of the waters of the State in contravention of the standards.

(70) Polluted water or waste shall mean any water, liquid or gaseous waste containing any of the following: soluble or insoluble substances of organic or inorganic nature which may deplete the dissolved oxygen content of the receiving stream; settleable solids that may form sludge deposits; grease and oils; floating solids which may cause unsightly appearance; color; phenols and other substances to an extent which would impart any taste or odor to the receiving stream; and toxic or poisonous substances in suspension, colloidal state, solution or gases.

(71) Pollution prevention shall mean any method, action or activity that eliminates or reduces pollution prior to its creation. Pollution prevention does not include recycling wastes or by-products.

(72) POTW shall mean publicly owned treatment works.

(73) POTW treatment plant, authority treatment plant is that portion of the POTW designed to provide treatment to wastewater.

(74) ppm shall mean parts per million. For purposes of this regulation, ppm and mg/l are equivalent.

(75) Premises means any building, lot, parcel of land, or portion of land whether improved or unimproved adjacent sidewalks and parking strips.

(76) Pretreatment or treatment is 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, or process changes, or other means except as prohibited by 40 CFR, section 403.6(d).

(77) Pretreatment requirements shall mean any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard imposed on an industrial user.

(78) Properly shredded garbage shall mean the wastes from the preparation, cooking, and dispensing of foods 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 one-half inch (1.27 centimeters) in any dimension.

(79) Publicly owned treatment works (POTW), authority facilities are treatment works as defined by section 212 of the Clean Water Act, (33 U.S.C. 1292) which are owned in this instance by the authority. This definition includes any sewers that convey wastewater to the POTW treatment plant. For the purposes of this regulation, POTW shall also include any sewers that convey wastewaters to the POTW from persons outside the authority's boundaries who are, by contract or agreement with the authority, users of the authority's POTW.

(80) Public sewer means a publicly-owned sewer, storm sewer, sanitary sewer or combined sewer.

(81) Receiving waters shall mean a natural water course or body of water into which treated or untreated sewage is discharged.

(82) Records shall include, but not be limited to, any printed, typewritten, handwritten or otherwise recorded matter of whatever character (including paper or electronic media), including but not limited to, letters, files, memoranda, directives, notes and notebooks, correspondence, descriptions, telephone call slips, photographs, permits, applications, reports, compilations, films, graphs and inspection reports. For purposes of these regulations, records shall mean records of an relating to waste generation, reuse and disposal, and shall include records of usage of raw materials.

(83) Regulation(s) shall mean the regulations of the Buffalo Sewer Authority as adopted and from time to time amended, by its board and published in the New York Code of Rules and Regulations, and currently designated as Chapter LXXXII of this Title.

(84) Release shall mean any pumping, pouring, emitting, emptying, or leaching, directly or indirectly, of sewage or wastewater so that the sewage or wastewater or any related constituent thereof, or any degradation product thereof, or of a related constituent thereof, or any degradation product thereof, or of a related constituent thereof, may enter the environment, or the B.S.A.'s facilities.

(85) Sanitary sewer shall mean a sewer intended to receive domestic sewage and admissible industrial waste, but to which storm, surface and groundwaters are not intentionally admitted.

(86) Sewage shall mean a combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface, and stormwater as may be present.

(87) Sewer shall mean a pipe or conduit for carrying sewage.

(88) Shall is mandatory. May is permissive.

(89) Significant industrial user shall mean an industrial user of the publicly owned treatment works that:

(90) Significant violator shall mean a violation which remains uncorrected 45 days after notification of noncompliance and which involves a failure to accurately report noncompliance; or which resulted in the treatment plant exercising its emergency authority to immediately and effectively halt or prevent any discharge of pollutants which appears to present an imminent endangerment to human health, the environment or which threatens to interfere with the operation of the plant.

(91) Slug shall mean:

(92) SPDES (State Pollution Discharge Elimination System) shall mean the State system through which permits are issued to regulate discharge into navigable waters from all point sources of pollution including industries and municipal wastewater treatment plants.

(93) Standard methods shall mean Standard Methods for the Examination of Water and Wastewater prepared and published jointly by the American Public Health Association, American Waterworks Association and the Water Pollution Control Federation, latest edition.

(94) State shall mean the State of New York.

(95) Storm sewer (sometimes termed storm drain) shall mean a public sewer which is intended or designed to carry storm and surface waters and drainage, but is not intended to carry sewage and industrial wastes other than unpolluted cooling water.

(96) Stormwater or storm water shall mean excess water which is derived from precipitation including rain, snow, hail, sleet, drainage, snowmelt and surface runoff.

(97) Stormwater management officer or SMO shall mean an employee or other public official(s) designated by the B.S.A. to enforce this regulation.

(98) Surchargeable user shall mean any user of the B.S.A.'s facilities whose discharge contains in excess of 250 mg/l of five-day biochemical oxygen demand (BOD₅), 250 mg/l total suspended solids, and/or 5.0 mg/l total phosphorous (15.35 mg/l total phosphate).

(99) Surface runoff shall mean the source of water which occurs when the rate of precipitation exceeds the rate at which water may infiltrate into the soil.

(100) Suspended solids shall mean solids that either float on the surface of, or are in suspension in water, sewage, or other liquids, and which are measured by acceptable laboratory procedures as set forth in section 10075.9(b) of this Part.

(101) The act shall mean the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et seq.

(102) TMDL or total maximum daily load shall mean the maximum amount of a pollutant to be allowed to be released into a waterbody so as not to impair uses of the water, allocated among the sources of that pollutant.

(103) Toxic pollutant shall mean those pollutants, or combinations of pollutants, including disease-causing agents, which after discharge and upon exposure, ingestion, inhalation or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, are known to cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunctions in reproduction) or physical deformations, in such organisms or their offspring. Toxic pollutants shall include, but not be limited to, any pollutant identified pursuant to section 307(a) of the Clean Water Act.

(104) Trunk sewer shall mean a sewer constructed, maintained and operated by the authority that conveys wastewater to the authority's treatment facilities and into which lateral and collecting sewers discharge.

(105) ug/l shall mean micrograms per liter. For purposes of this regulation, ug/l and ppb are equivalent.

(106) Unpolluted water shall mean water which is free of any polluted water or waste as described in paragraph (70) of this subdivision.

(107) User shall mean any person, premises or effluent source that directly or indirectly contributes, causes or permits the contribution of waste stormwater into or through the authority's public sewer, P.O.T.W. or the MS4.

(108) User charge shall mean a charge levied on users of the authority's facilities for the capital cost, as well as the operation and maintenance of such works as specified in the latest edition of the Buffalo Sewer Authority Sewer Rent Schedule (see Appendix 52 of this Title).

(109) Violation shall mean any intentional or unintentional disregard or infraction of any provision of these regulations.

(110) Waste shall mean any liquid, solid or gaseous substance that may be discharged into a public sewer.

(111) Wastewater shall mean the liquid and water-carried industrial or domestic wastewaters from dwellings, commercial establishments, industrial facilities, and institutions, together with any groundwater, surface water, and storm water that may be present, whether treated or untreated, which is contributed into or permitted to enter the P.O.T.W.

(112) Watercourse shall mean a channel in which a flow of water occurs, either continuously or intermittently.

(113) Waters of the State shall mean all streams, lakes, ponds, marshes, water courses, 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.

(114) Water quality standards shall mean any Federal, State, or local rule authoritatively establishing, for regulatory purposes, the limit of some unnatural alterations of water quality that is to be permitted or accepted as being compatible with some particular intended use or uses of water.

(115) W.P.C.F. shall mean the Water Pollution Control Federation.