N.Y. Public Authorities Law § 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.