§ 86A-2. Definitions.

The terms used under this chapter shall have the meanings as set forth in this section:

BEST MANAGEMENT PRACTICES (BMPs)

Management practices designed to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems; 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. Such practices may include pollution prevention and educational practices, maintenance procedures, treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.

CLEAN WATER ACT

The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.

CONSTRUCTION ACTIVITY

Activities requiring authorization under the SPDES General Permit for Stormwater Discharges from Construction Activity, GP-0-15-002, 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.

HAZARDOUS MATERIALS

Material, including any substance, waste, or combination thereof, which, because of its quantity, concentration, 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.

ILLICIT CONNECTIONS

Any surface runoff or subsurface drain or conveyance that allows an illegal discharge to enter the MS4 or private property, including, but not limited to:

A. 

Conveyances that allow any non-stormwater discharge including treated or untreated sewage, process wastewater, wash water, or water conveying solids 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

B. 

A drain or conveyance connected from a commercial or industrial land use to the MS4 or private property, which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.

ILLICIT DISCHARGE

Any direct or indirect non-stormwater discharge to the MS4, except as exempted in § 86A-5 of this chapter.

INDUSTRIAL ACTIVITY

Activities requiring the SPDES Permit for Discharges from Industrial Activities as defined by the SPDES Multi-Sector General Permit, GP-0-12-001, as amended or revised.

MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)

A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Town and designed or used for collecting or conveying stormwater; the MS4, as defined, is not a combined sewer or part of a publicly owned treatment works (POTW) as defined at 40 CFR 122.2.

NON-STORMWATER DISCHARGE

Any discharge, through overland flow or direct conveyance, to the MS4 that is not composed entirely of stormwater.

PERSON

Any individual, owner, lease holder, entity, corporation, agent, company, parent company, subsidiary, limited-liability company, substantially owned affiliated entity, successor, partnership, joint venture, association, legal representative, agent, or any other form of doing business.

POLLUTANT

A substance that may cause or might reasonably be expected to cause pollution of the waters of the state in contravention of the standards, including, but not limited to: 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, soil, industrial, municipal or agricultural waste, and ballast discharged into water.

POLLUTANT OF CONCERN

Sediment or a water quality measurement that addresses sediment (such as total suspended solids, turbidity or siltation) or any other pollutant, including, but not limited to, nitrogen, phosphorus or pathogens, that have been identified as a cause of impairment to any water body that will receive a discharge from the land development activity.

PREMISES

Any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.

PROPERTY OWNER

Any individual, group of individuals, company or corporation having certain rights and duties over the property.

SECTION 303(d) LISTED WATERS

NYSDEC-published list, and any amendments thereto, of all surface waters in the state for which beneficial uses of the water (i.e., drinking, recreation, aquatic habitat, and fisheries) are impaired by pollutants, as required by Section 303(d) of the Federal Clean Water Act. 303(d) listed waters include estuaries, lakes, and streams that fall short of state surface water quality standards and are not expected to improve within the next two years from date of publishing.

SPECIAL CONDITIONS

A. 

Discharge compliance with water quality standards: The condition that applies where a municipality 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 municipality must take all necessary actions to ensure future discharges do not cause or contribute to a violation of water quality standards.

B. 

303(d) listed waters: The condition in the municipality'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.

C. 

Total maximum daily load (TMDL) strategy: The condition in the municipality'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.

D. 

The condition in the municipality'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 municipality 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 municipality 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 the New York State Department of Environmental Conservation (NYSDEC) that authorizes the discharge of pollutants to waters of the state.

STORMWATER

Rainwater, surface runoff, snowmelt and drainage.

STORMWATER MANAGEMENT OFFICER (SMO)

The Superintendent of Highways or his/her authorized designee, having responsibility for the overall implementation of the Town's Stormwater Management Program.

TOTAL MAXIMUM DAILY LOAD (TMDL)

The maximum amount of a pollutant allowed to be released into a water body so as not to impair uses of the water, allocated among the sources of that pollutant.

WASTEWATER

Water that is not stormwater, which is contaminated with pollutants and is or will be discarded.

WATERCOURSE

A permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water.

WATERS OF THE STATE

Shall be construed to include lakes, bays, sounds, ponds, impounding reservoirs, springs, 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, which are wholly or partially within or bordering the state or within its jurisdiction.

WATERWAY

Any natural or artificial fresh or marine body of water commonly known as a stream, river, creek, lake, pond, estuary, bay, harbor, ocean, or the like. A waterway includes those areas defined as lands under water.

WETLANDS

Areas that meet the definition of "tidal wetland" or "freshwater wetland" as defined in Chapter 81 of the Town Code.