§ 1176 — Definitions

New York § 1176

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 8: Buffalo Sewer Authority
• Art. 5: Public Utility Authorities

Text

§ 1176. Definitions. As used or referred to in this title, unless a\ndifferent meaning clearly appears from the context,\n 1. The term "authority" shall mean the corporation created by section\neleven hundred seventy-seven of this title;\n 2. The term "city" shall mean the city of Buffalo;\n 3. The term "bonds" shall mean the bonds, notes, interim certificates\nand other obligations issued by the authority pursuant to this title;\n 4. The term "board" shall mean the members of the authority;\n 5. The term "comptroller" shall mean the comptroller of the city;\n 6. The term "treasurer" shall mean the treasurer of the city;\n 7. The term "charter" shall mean the charter of the city enacted by\nthe electors of the city at a special election held on the twenty-ninth\nday of August, nineteen hundred twenty-seven, as amended;\n 8. The term "project" shall mean a system of trunk, intercepting and\nconnecting, lateral and outlet sewers, storm water drains, pumping and\nventilating stations, disposal or treatment plants or works, and other\nappliances and structures, which in the judgment of the authority will\nprovide an effectual and advantageous means for relieving the Niagara\nriver, Buffalo river and Lake Erie from pollution by the sewage and\nwaste of the city and relieving the city from inadequate sanitary and\nstorm water drainage and for the sanitary disposal or treatment of the\nsewage thereof, or such sections or parts of such system as the\nauthority may from time to time deem it proper or convenient to\nconstruct, consistent with the plan or purpose of this title;\n 9. The term "existing sewer system" shall mean all sewers, including,\nwithout limitation, trunk, intercepting, connecting, lateral and other\nsewers, storm water drains, pumping stations, disposal or treatment\nplants or works, structures, appliances, equipment and other adjuncts\nthereto, comprising the entire system of sewerage owned by the city at\nthe time of the filing with the common council of the city and with the\nsecretary of the state of New York of a certificate of completion of the\nproject as provided in section eleven hundred seventy-nine of this\ntitle;\n 10. The term "facilities" shall include the project and, from and\nafter the filing with the common council of the city and the secretary\nof state of the state of New York of the certificate of completion of\nthe project, as provided in section eleven hundred seventy-nine of this\ntitle, the existing sewer system.\n 11. The term "attorney general" shall mean the attorney general of the\nstate of New York.\n 12. The term "general manager" shall mean the general manager of the\nBuffalo sewer authority.\n 13. The term "hazardous substance" shall mean any substance which:\n a. is identified or listed as a hazardous waste or acute hazardous\nwaste in regulation promulgated pursuant to section 27-0903 of the\nenvironmental conservation law and all amendments thereto, regardless of\nwhether at the time of release the substance was actually a waste; or\n b. appears on the list of substances hazardous or acutely hazardous to\npublic health, safety or the environment in regulation promulgated\npursuant to paragraphs (a) and (b) of subdivision one of section 37-0103\nof the environmental conservation law and all amendments thereto.\n 14. The term "person" shall mean any individual, public or private\ncorporation, political subdivision, government agency, department or\nbureau of the state or federal government, municipality, co-partnership,\nassociation, firm, trust, estate or any other legal entity whatsoever\n(including directors, officers or agents thereof), or combination of\npersons. The masculine gender shall include the feminine, the singular\nshall include the plural where indicated by the context.\n 15. The term "pollutant" shall mean any liquid, solid or gaseous\nsubstance, or combination thereof, which may cause an impairment\n(reduction) of water quality to a degree that has an adverse effect on\nany beneficial use of the water, including but not limited to hazardous\nsubstances.\n 16. The term "effluent source" shall mean a source of introduction of\nany waste into the facilities or any sewer system connected to the\nfacilities.\n 17. The term "discharge" shall mean any introduction of waste into the\nfacilities from any effluent source.\n 18. The term "sewer system" shall mean pipelines or conduits, pumping\nstations, and force mains and all other constructions, devices, and\nappliances appurtenant thereto, wherever located, used for conducting\nsewage, industrial waste or other waste into or through the facilities\nof the authority to a point of ultimate disposal.\n 19. The term "domestic sewage" shall mean a combination of wastes from\nthe non-commercial preparation, cooking, and handling of food; human\nbodily wastes and similar matter from sanitary conveniences in\ndwellings, commercial buildings, industrial buildings and institutions;\nor any other wastes from non-commercial, non-industrial or\nnon-institutional activities.\n 20. The term "domestic user" shall mean any user not covered under the\ndefinition of "industrial user".\n 21. The term "industrial user" shall mean a person who discharges\nindustrial waste.\n 22. The term "industrial waste" shall mean any liquid, solid, or\ngaseous substance, or combination thereof, resulting from any process of\nindustrial, commercial, governmental and institutional concerns,\nmanufacturing, business, trade, or research, including the development,\nrecovery, or processing of natural resources, or from sources other than\nthose described as domestic sewage. Groundwater and surface runoff may\nbe considered to be industrial waste if contaminated with industrial\nprocess chemical constituents.\n 23. The term "sewage" shall mean any combination of wastes from\nresidences, business buildings, institutions and industrial\nestablishment, together with such ground, surface and stormwaters as may\nbe present.\n 24. The term "waste" shall mean any liquid, solid or gaseous\nsubstance, or combination thereof, that may be introduced into a sewer\nsystem.\n 25. The term "user" shall mean any person who directly or indirectly\ncontributes, causes or permits the contribution of waste into the sewer\nsystem and into or through the authority's facilities.\n