Section 1176. Definitions  


Latest version.
  • As used or referred to in this title, unless a
      different meaning clearly appears from the context,
        1. The term "authority" shall mean the corporation created by  section
      eleven hundred seventy-seven of this title;
        2. The term "city" shall mean the city of Buffalo;
        3.  The term "bonds" shall mean the bonds, notes, interim certificates
      and other obligations issued by the authority pursuant to this title;
        4. The term "board" shall mean the members of the authority;
        5. The term "comptroller" shall mean the comptroller of the city;
        6. The term "treasurer" shall mean the treasurer of the city;
        7. The term "charter" shall mean the charter of the  city  enacted  by
      the  electors of the city at a special election held on the twenty-ninth
      day of August, nineteen hundred twenty-seven, as amended;
        8. The term "project" shall mean a system of trunk,  intercepting  and
      connecting,  lateral  and outlet sewers, storm water drains, pumping and
      ventilating stations, disposal or treatment plants or works,  and  other
      appliances  and  structures, which in the judgment of the authority will
      provide an effectual and advantageous means for  relieving  the  Niagara
      river,  Buffalo  river  and  Lake  Erie from pollution by the sewage and
      waste of the city and relieving the city from  inadequate  sanitary  and
      storm  water  drainage and for the sanitary disposal or treatment of the
      sewage thereof, or  such  sections  or  parts  of  such  system  as  the
      authority  may  from  time  to  time  deem  it  proper  or convenient to
      construct, consistent with the plan or purpose of this title;
        9. The term "existing sewer system" shall mean all sewers,  including,
      without  limitation,  trunk, intercepting, connecting, lateral and other
      sewers, storm water drains,  pumping  stations,  disposal  or  treatment
      plants  or  works,  structures, appliances, equipment and other adjuncts
      thereto, comprising the entire system of sewerage owned by the  city  at
      the  time of the filing with the common council of the city and with the
      secretary of the state of New York of a certificate of completion of the
      project as provided in  section  eleven  hundred  seventy-nine  of  this
      title;
        10.  The  term  "facilities"  shall  include the project and, from and
      after the filing with the common council of the city and  the  secretary
      of  state  of  the state of New York of the certificate of completion of
      the project, as provided in section eleven hundred seventy-nine of  this
      title, the existing sewer system.
        11. The term "attorney general" shall mean the attorney general of the
      state of New York.
        12.  The  term "general manager" shall mean the general manager of the
      Buffalo sewer authority.
        13. The term "hazardous substance" shall mean any substance which:
        a. is identified or listed as a hazardous  waste  or  acute  hazardous
      waste  in  regulation  promulgated  pursuant  to  section 27-0903 of the
      environmental conservation law and all amendments thereto, regardless of
      whether at the time of release the substance was actually a waste; or
        b. appears on the list of substances hazardous or acutely hazardous to
      public health, safety  or  the  environment  in  regulation  promulgated
      pursuant to paragraphs (a) and (b) of subdivision one of section 37-0103
      of the environmental conservation law and all amendments thereto.
        14.  The  term  "person"  shall mean any individual, public or private
      corporation, political subdivision,  government  agency,  department  or
      bureau of the state or federal government, municipality, co-partnership,
      association,  firm,  trust,  estate or any other legal entity whatsoever
      (including directors, officers or agents  thereof),  or  combination  of
      persons.  The  masculine gender shall include the feminine, the singular
      shall include the plural where indicated by the context.
    
        15. The term "pollutant" shall  mean  any  liquid,  solid  or  gaseous
      substance,  or  combination  thereof,  which  may  cause  an  impairment
      (reduction) of water quality to a degree that has an adverse  effect  on
      any  beneficial use of the water, including but not limited to hazardous
      substances.
        16.  The term "effluent source" shall mean a source of introduction of
      any waste into the facilities or  any  sewer  system  connected  to  the
      facilities.
        17. The term "discharge" shall mean any introduction of waste into the
      facilities from any effluent source.
        18.  The term "sewer system" shall mean pipelines or conduits, pumping
      stations, and force mains and  all  other  constructions,  devices,  and
      appliances  appurtenant  thereto,  wherever located, used for conducting
      sewage, industrial waste or other waste into or through  the  facilities
      of the authority to a point of ultimate disposal.
        19. The term "domestic sewage" shall mean a combination of wastes from
      the  non-commercial  preparation,  cooking,  and handling of food; human
      bodily  wastes  and  similar  matter  from  sanitary   conveniences   in
      dwellings,  commercial buildings, industrial buildings and institutions;
      or   any   other   wastes   from   non-commercial,   non-industrial   or
      non-institutional activities.
        20. The term "domestic user" shall mean any user not covered under the
      definition of "industrial user".
        21.  The  term  "industrial  user"  shall mean a person who discharges
      industrial waste.
        22. The term "industrial waste"  shall  mean  any  liquid,  solid,  or
      gaseous substance, or combination thereof, resulting from any process of
      industrial,   commercial,   governmental   and  institutional  concerns,
      manufacturing, business, trade, or research, including the  development,
      recovery, or processing of natural resources, or from sources other than
      those  described  as domestic sewage. Groundwater and surface runoff may
      be considered to be industrial waste  if  contaminated  with  industrial
      process chemical constituents.
        23.  The  term  "sewage"  shall  mean  any  combination of wastes from
      residences,   business   buildings,    institutions    and    industrial
      establishment, together with such ground, surface and stormwaters as may
      be present.
        24.  The  term  "waste"  shall  mean  any  liquid,  solid  or  gaseous
      substance, or combination thereof, that may be introduced into  a  sewer
      system.
        25.  The  term "user" shall mean any person who directly or indirectly
      contributes, causes or permits the contribution of waste into the  sewer
      system and into or through the authority's facilities.