New York Laws
Title 8 - Buffalo Sewer Authority
1176 - Definitions.

§ 1176. Definitions. 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.