New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXX - Niagara Falls Water Board › Part 1960 - Wastewater Regulations › Section 1960.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unless the
				context specifically indicates otherwise, the following words and terms,
				without regard to capitalization, shall be construed or defined as follows:
(1) Acceptable limits means those amounts or
				concentrations of pollutants that will allow consistent compliance with all
				SPDES permit limits, residuals disposal regulations for non- hazardous wastes,
				and satisfactory operation and maintenance of the entire water board POTW as
				determined by the director.
(2) Act
				or Water Board Act means the Niagara Falls Water Authority Act, codified as
				section 1230-a et seq. of title 10-B and 10-C of article 5 of the New York
				Public Authorities Law.
(3) Clean
				Water Act means the Federal Water Pollution Control Act ( P.L. 92-500), as
				amended by the Clean Water Act of 1977 ( P.L. 95-217) et seq., as
				amended.
(4) Administrative order
				means an order issued by the director to a water board POTW user and binding on
				the user to the extent that the director is acting within his
				purview.
(5) Approval authority
				means USEPA, or NYSDEC, as the case may be.
(6) Authorized representative of industrial
				user means:
(i) a principal executive officer
				of at least the level of vice president, if the industrial user is a
				corporation;
(ii) a general partner
				or proprietor if the industrial user is a partnership or proprietorship,
				respectively;
(iii) a duly
				authorized representative of the individual designated above if such
				representative is responsible for the overall operation of the facilities from
				which the discharge originates (e.g., plant manager);
(7) Best management practices (BMPs) means
				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. BMPs also include treatment practices, operating
				procedures, and practices to control site runoff, spillage or leaks, sludge or
				water disposal, or drainage from raw materials storage.
(8) Board or water board means the Niagara
				Falls Water Board, established pursuant to section 1231-b of the Water Board
				Act, and its directors, employees, agents, together with any authorized
				contractor, or any other person acting with written authority on behalf of the
				board.
(9) Board schedule of rates
				means a schedule of rates, fees and other charges established at least annually
				and as modified from time to time by the water board.
(10) Building drain means that part of the
				lowest horizontal piping of a drainage system which receives the discharge from
				soil, waste, and other drainage pipes inside the walls of the building and
				conveys it to the building sewer. The building drain begins three feet from the
				outside face of the building wall.
(11) Categorical pretreatment standard or
				categorical standard means any regulation containing pollutant discharge limits
				promulgated by the USEPA in accordance with section 307(b) and (c) of the Clean
				Water Act which applies to a specific category of industrial user.
(12) Chlorine demand means the difference
				between the amount of chlorine added to water or wastewater and the amount of
				residual chlorine remaining at the end of a 20-minute contact period at room
				temperature.
(13) City shall mean
				the City of Niagara Falls, NY, its employees and agents, together with any
				authorized contractor or other person acting with written authority on behalf
				of the city.
(14) CIU or
				categorical industrial user means any user which is regulated by USEPA in
				accordance with sections 307(b) and (c) of the Clean Water Act which apply to a
				specific category of users and which appear in 40 CFR chapter I, subchapter N,
				parts 405-471.
(15) Clean Water Act
				means the Federal Water Pollution Control Act (33 U.S.C. section
				1251 et seq.), and any subsequent amendments
				thereto.
(16) Combined sewer means
				a sewer intended to receive both wastewater and stormwater or surface
				water.
(17) Compliance means
				conformance with SIU or ICU discharge permit limits, and/or conformance with
				all the terms of this Part. Compliance shall be determined by periodic
				monitoring by the water board and/or self-monitoring, as applicable.
(18) Connection means and refers to the
				pipeline from the sewer main to the building drain, control manhole or
				monitoring station.
(19)
				Construction activity means activities requiring authorization under the SPDES
				permit for stormwater discharges from construction activity, GP-02-01, 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.
(20) Contamination or contaminated means
				waters or wastewaters which contain polluting substances, or toxic substances,
				as may be limited by section
				1960.5 of this Part and/or
				applicable water quality standards.
(21) Control authority means the water
				board.
(22) Control manhole means a
				structure maintained by the owner and approved by the director that is
				continuously and immediately accessible and adequate for the insertion of a
				flow metering device and the collection of samples and suitable for inspection,
				observation, sampling, testing and measuring of plant discharges.
(23) Cooling water means the water discharge
				from any system of condensation, air conditioning, cooling or
				refrigeration.
(24) CSIRU
				(commercial/small industrial/residential user) shall include any person not
				within the definition of a SIU, transporter or generator who discharges
				wastewater to the water board POTW.
(25) De minimus means a quantity which in the
				opinion of the director is too small to have a significant adverse effect upon
				the water board POTW and/or its State SPDES discharge permit.
(26) Design flow means the daily flow for
				which the water board POTW treatment plant was designed (i.e., 48 million
				gallons per day).
(27) Design
				loading means the daily loading of parameters (that is, total suspended solids,
				chemical oxygen demand and phenols) utilized in the design of the water board
				POTW as follows:
Total suspended solids - 100,000 pounds/day
Chemical oxygen demand - 145,000 pounds/day
Phenols - 275 pounds/day
(28) Director or department mean, without
				other designation, the executive director of the water board, or other person
				or persons designated by the director to act in his or her stead, and the
				department of wastewater facilities of the water board, respectively.
(29) Diversion sewer means exclusively a
				gravity conduit extending generally from a shaft of the Adams Tailrace Tunnel,
				easterly in Buffalo Avenue, Packard Road, A Street and 47th Street, into which
				the plants of the Buffalo Avenue industrial area discharge such waters as are
				allowed under individual plant NPDES/SPDES permits.
(30) Easement means an acquired legal right
				for the specific use of land owned by others.
(31) Excessive infiltration means
				infiltration in excess of 4,000 gallons/day/inch/mile for existing combined or
				sanitary sewers, and 200 gallons/day/inch/mile for new combined or sanitary
				sewers, or greater as otherwise designated by the director.
(32) Garbage means the solid wastes from the
				domestic or commercial handling, storage, dispensing, preparation, cooking or
				serving of produce.
(33) Generator
				means any person, by site, whose act or process produces hauled
				waste.
(34) Groundwater means water
				within the earth.
(35) Hauled waste
				means all waste lawfully introduced to the water board POTW by means other than
				through the water board sewer system.
(36) Hazardous materials means any material,
				including any substance, waste, or combination thereof, which because of its
				quantity, concentration, or 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.
(37) ICU (industrial commercial user) means
				any person within the definition of CSIRU who has the potential to discharge
				other than sanitary wastewater.
(38) ICU permit means and shall be the
				wastewater discharge permit that may be required for ICUs for discharge of
				wastewater into the water board POTW and issued pursuant to these regulations
				and may contain discharge restrictions as deemed appropriate by the
				director.
(39) Immediately means,
				as it pertains to any abnormal discharge or spill, as soon as the spillage has
				been controlled or within 30 minutes of discovery, whichever is
				sooner.
(40) ILC (industrial
				liaison committee) means a committee of the Niagara Falls Area Chamber of
				Commerce established as an advisory group to the water board and the city for
				the purposes of observing and consulting on the operation, maintenance, costs,
				budgets, revenues and financial reports and for liaison work with all SIUs in
				order to assure adequate water board POTW service to industrial
				users.
(41) Illicit connection
				means any drain or conveyance, whether on the surface or subsurface, which
				allows an illegal discharge to enter the MS4, including but not limited to:
(i) any conveyances which allow any
				non-stormwater discharge including treated or untreated sewage, process
				wastewater, and wash water 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
(ii) any
				drain or conveyance connected from a commercial or industrial land use to the
				MS4 which has not been documented in plans, maps, or equivalent records and
				approved by an authorized enforcement agency.
(42) Illicit discharge means any direct or
				indirect non-stormwater discharge to the MS4, except:
(i) water line flushing or other potable
				water sources, landscape irrigation or lawn watering, existing diverted stream
				flows, rising ground water, uncontaminated ground water infiltration into storm
				drains, uncontaminated pumped ground water, foundation or footing drains, crawl
				space or basement sump pumps, air conditioning condensate, irrigation water,
				springs, water from individual residential car washing, natural riparian
				habitat or wetland flows, dechlorinated swimming pool discharges, residential
				street wash water, water from fire fighting activities, and any other water
				source not containing pollutants, and unless the department or the municipality
				has determined such discharges to be substantial contributors of
				pollutants;
(ii) discharges
				approved in writing by the SMO to protect life or property from imminent harm
				or damage, provided that, such approval shall not be construed to constitute
				compliance with other applicable laws and requirements, and further provided
				that such discharges may be permitted for a specified time period and under
				such conditions as the SMO may deem appropriate to protect such life and
				property while reasonably maintaining the purpose and intent of this local law;
				and
(iii) dye testing in compliance
				with applicable State and local laws is an allowable discharge, but requires a
				verbal notification to the SMO prior to the time of the test. 6.1.4
The prohibition shall not apply to any discharge permitted
				  under an SPDES permit, waiver, or waste discharge order issued to the
				  discharger and administered under the authority of the department, provided
				  that the discharger is in full compliance with all requirements of the permit,
				  waiver, or order and other applicable laws and regulations, and provided that
				  written approval has been granted for any discharge to the MS4.
(43) Industrial user
				means any non-residential source of indirect discharge regulated under section
				307(b), (c) or (d) of the Clean Water Act.
(44) Industrial wastes or industrial
				wastewater means the liquid wastes, other than sanitary wastewater,
				uncontaminated non-contact cooling water and boiler blowdown, resulting from
				manufacturing, industrial or other processes and discharged by an industrial
				user.
(45) Infiltration means the
				water entering a sewer system from the ground through such means as, but not
				limited to, defective pipes, pipe joints, connections, or manhole walls.
				Infiltration does not include, and is distinguished from, inflow.
(46) Infiltration/inflow means the total
				quantity of water from both infiltration and inflow without distinguishing the
				source.
(47) Inflow means the water
				discharged into a sewer system and service connections from such sources as,
				but not limited to, roof leaders, cellar, yard and area drains, foundation
				drains, cooling water discharges, drains from springs and swampy areas, manhole
				covers, cross connections from storm sewers and combined sewers, catch basins,
				stormwater, surface run- off, street wash water, or drainage. It does not
				include, and is distinguished from, infiltration.
(48) Interference means a discharge which,
				alone or in conjunction with a discharge or discharges from other sources,
				both:
(i) inhibits or disrupts the water
				board POTW, its treatment process or operations, or its sludge processes, use
				or disposal of sludge; and
(ii)
				therefore, is a cause of a violation of any requirement of the water board's
				State SPDES discharge permit (including an increase in the magnitude or
				duration of a violation) or of the prevention of a wastewater sludge use or
				disposal in compliance with all applicable Federal and State laws and
				regulations.
(49)
				Monitoring station means a permanent structure constructed, maintained and
				operated by and at the owner's expense and approved by the director as to
				design and construction for the express purpose of providing an accessible
				point out of the traveled way for metering and sampling waste discharges
				continuously into the water board POTW in a safe and accurate manner.
(50) MS4 means municipal separate storm sewer
				system.
(51) Municipal separate
				storm sewer system means a conveyance or system of conveyances (including roads
				with drainage systems, municipal streets, catch basins, curbs, gutters,
				ditches, man-made channels, or storm drains):
(i) owned or operated by the Niagara Falls
				Water Board;
(ii) designed or used
				for collecting or conveying stormwater;
(iii) which is not a combined sewer;
				and
(iv) which is not part of a
				publicly owned treatment works (POTW) as defined herein.
(52) Natural outlet means any outlet into a
				watercourse, pond, ditch, lake or other body of surface water or
				groundwater.
(53) New source means
				a facility from which there is, or may be, a discharge of pollutants,
				construction of which began after the publication of the proposed pretreatment
				standards pursuant to section 307 of the Clean Water Act, which will apply to
				the facility if the standards are promulgated, provided certain location and
				construction criteria are applicable.
(54) Non-compliance means non-conformance
				with established limits as defined under compliance.
(55) Non-stormwater discharge means any
				discharge to the MS4 that is not composed entirely of stormwater.
(56) NYSDEC means New York State Department
				of Environmental Conservation.
(57)
				Occupied building means and refers to any structure erected and intended for
				habitation, occupancy or use by human beings or animals and from which
				structure wastewater is or may be discharged.
(58) Operation and maintenance means the
				process and act of keeping all facilities for collecting, pumping, treating and
				disposing of wastewater, in a state of good repair and functioning properly
				including the replacement of said facilities when necessary.
(59) Other wastes means solid wastes such as
				garbage, refuse, wood, egg shells, coffee grounds, sawdust, shavings, bark,
				sand, lime, cinder, ashes and all other discarded matter not normally present
				in wastewaters.
(60) Owner means
				the person or persons who legally own, lease, or occupy private property with
				wastewater facilities, which discharge, or will discharge, to the water board's
				POTW.
(61) Pass through means a
				discharge containing pollutant(s) which exits the water board POTW into the
				waters of the United States in quantities or concentrations which, alone or in
				conjunction with a discharge or discharges from other sources, is a cause of a
				violation of any requirement of the water board's SPDES discharge permit
				(including an increase in the magnitude or duration of a violation).
(62) Person means any natural person, firm,
				trustee, executor, personal representative, partnership, association, limited
				partnership, limited liability company, limited liability partnership, joint
				venture or corporation, or other legal entity whatsoever. The masculine gender
				shall include the feminine, and the singular shall include the plural where
				indicated by the context.
(63) pH
				means the negative logarithm of the concentration of hydrogen ions in moles per
				liter of solution.
(64) Pollutant
				means 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 and industrial, municipal, and agricultural waste or
				ballast discharged into water; which may cause or might reasonably be expected
				to cause pollution of the waters of the State in contravention of the
				standards.
(65) Publicly owned
				treatment works or (POTW) means treatment works as defined by section 212 of
				the Clean Water Act (33 U.S.C. section
				1292) which are owned or operated by the
				water board. This definition includes any devices and systems used in the
				storage, treatment, recycling and reclamation of sewage or industrial wastes of
				a liquid nature and any sewers, pipes, conveyances and appurtenances that
				transport wastewater to or from the water board's treatment plant. For the
				purposes of these regulations, POTW shall also include any sewers that
				transport wastewater to the POTW from persons outside the water board's service
				area who are, by contract or agreement with the water board, users of the water
				board's POTW.
(66) Premises means
				any building, lot, parcel of land, or portion of land whether improved or
				unimproved including adjacent sidewalks and parking strips.
(67) Premises accessible to the sewer system
				means and refers to real estate which adjoins, abuts, is adjacent to or has
				access (within 100 feet) to the water board POTW.
(68) Pretreatment means the reduction of the
				amount of, or alteration of, pollutant properties in wastewater prior to, or in
				lieu of, discharging or otherwise introducing such pollutants into the water
				board POTW. The reduction or alteration can be obtained by physical, chemical
				or biological processes, production process changes or by other means, except
				as prohibited by
				40 CFR
				403.6 General Pretreatment Regulations for
				Existing and New Sources of Pollution.
(69) Pretreatment requirements means any
				substantive or procedural requirement related to pretreatment imposed on a
				user, other than a pretreatment standard.
(70) Pretreatment standards, national
				pretreatment standard or standards means prohibited discharge standards,
				categorical pretreatment standards, local limits, or any regulation containing
				pollutant discharge limits promulgated by USEPA under section 307(b) and (c) of
				the Clean Water Act applicable to industrial users, including general and
				specific prohibitions found in
				40 CFR
				403.5.
(71) Priority pollutant means a toxic
				pollutant as defined under 307(a)(1) of the Clean Water Act requiring the USEPA
				to publish a list of toxic pollutants after weighing the importance of each of
				the following factors:
(i)
				toxicity;
(ii)
				persistence;
(iii) degradability;
				and
(iv) effect on
				organisms.
(72)
				Right-of-way means a strip of land designated for travel by the public
				(pedestrian and vehicular) and includes pavement, curbs, margin areas,
				sidewalks, driveway approaches, etc.
(73) Sanitary sewer means a sewer that
				carries liquid water-carried wastes from residences, commercial buildings,
				industrial plants and institutions, together with minor quantities of ground,
				storm, or surface waters that are not admitted intentionally.
(74) Sanitary wastewater means sewage
				discharging from sanitary conveniences including but not limited to toilets,
				washrooms, urinals, sinks, showers, drinking fountains, laundries, kitchens,
				cafeterias, essentially free of industrial wastes or toxic material.
(75) Sewer lateral means the extension from
				the building drain to the water board POTW.
(76) Shredded means at least 30 percent on a
				dry basis passes a No. 40 U.S. Standard Sieve.
(77) SIU (significant industrial user) means
				any person who:
(i) discharges wastewater
				subject to Categorical Pretreatment Standards under
				40 CFR
				403.6 and 40 CFR chapter 1, subchapter N;
				or
(ii) discharges an average of
				25,000 gallons per day or more of process wastewater to the water board POTW
				(excluding sanitary, non-contact cooling and boiler blowdown wastewater);
				contributes a process wastestream which makes up five percent or more of the
				average dry weather hydraulic or organic capacity of the water board POTW
				treatment plant; or is designated as such by the Control Authority as defined
				in
				40 CFR
				403.12(a) on the basis that
				the industrial user has a reasonable potential for adversely affecting the
				water board's POTW operation or for violating any pretreatment standard or
				requirement.
(78) SIU
				permit means the wastewater discharge permit that shall be required for SIUs
				for discharge of wastewater into the water board POTW and issued pursuant to
				these regulations and may contain discharge restrictions as deemed appropriate
				by the director.
(79) Slug or slug
				load means any wastewater discharge at a flow rate, concentration or load which
				could result in any prohibited discharge listed in section
				1960.5 of this Part.
(80) SNC (significant non-compliance) means
				an industrial user is in significant noncompliance if its violation meets one
				or more of the following criteria:
(i)
				chronic violations of wastewater discharge limits, defined here as those in
				which 66 percent or more of all of the measurements taken during a six-month
				period exceed (by any magnitude) the daily maximum limit or the average limit
				for the same pollutant parameter;
(ii) Technical Review Criteria (TRC)
				violations, defined here as those in which 33 percent or more of all of the
				measurements for each pollutant parameter taken during a six- month period
				equal or exceed the product of the daily maximum limit or the average limit
				multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil, and
				grease; and 1.2 for all other pollutants except pH.);
(iii) any other violation of a pretreatment
				effluent limit (daily limit or longer term average) that the water board
				determines has caused, alone or in combination with other discharges,
				interference or pass through (including endangering the health of POTW
				personnel or the general public);
(iv) any discharge of a pollutant that has
				caused imminent endangerment to human health, welfare or to the environment or
				has resulted in the POTW's exercise of its emergency authority under paragraph
				(f)(1)(vi)(B) of section
				40
				CFR 403.8 to halt or prevent such a
				discharge;
(v) failure to meet,
				within 90 days after the schedule date, a compliance schedule milestone
				contained in a local control mechanism or enforcement order for starting
				construction, completing construction, or attaining final compliance;
(vi) failure to provide, within 30 days after
				the due date, required report such as baseline monitoring reports, 90-day
				compliance reports, periodic self-monitoring reports, and reports on compliance
				with compliance schedules;
(vii)
				failure to accurately report noncompliance; and
(viii) any other violation or group of
				violations which the water board determines will adversely affect the operation
				or implementation of the local pretreatment program.
(81) SOC (soluble organic carbon) shall mean
				the measure of organic material as TOC in that portion of a water or waste that
				has passed through a standard glass fiber filter. The glass fiber filter shall
				be equivalent to that described in the procedure for residue determination and
				the measurement of TOC shall be as set forth in the latest USEPA-approved
				edition of Standard Methods for the Examination of Water and
				Wastewater.
(82) SOC amenable to
				carbon treatment means that portion of the SOC that is removed by granular
				activated carbon treatment.
(83)
				Special conditions means:
(i) discharge
				compliance with water quality standards. The condition that applies where a
				municipality has been notified that the discharge of stormwater authorized
				under their 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.
(ii) 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.
(iii)
				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 EPA for a waterbody or watershed into which the
				MS4 discharges. If the discharge from the MS4 did not meet the TMDL stormwater
				allocations prior to September 10, 2003, the municipality was required to
				modify its stormwater management program to ensure that reduction of the
				pollutant of concern specified in the TMDL is achieved.
(iv) The condition in the municipality's MS4
				permit that applies if a TMDL is approved in the future by EPA for any
				waterbody 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.
(84) Spill means to allow or to
				cause, either inadvertently or intentionally, a substance to escape from its
				normal container or containment system and enter the water board
				POTW.
(85) State means the State of
				New York.
(86) State pollutant
				discharge elimination system (SPDES) stormwater discharge permit means a permit
				issued by the department that authorizes the discharge of pollutants to waters
				of the State.
(87) Storm sewer
				means a sewer which is intended to carry solely storm and surface waters and
				drainage directly to waters of the State, but excludes wastewaters other than
				cooling waters and/or other unpolluted waters.
(88) Stormwater means water that is deposited
				on the earth from such phenomena as rain, snow, hail or sleet. Stormwater means
				rainwater, surface runoff, snowmelt and drainage.
(89) Stormwater management officer (SMO)
				means an employee, the municipal engineer or other public official(s)
				designated by the director to enforce this local law.
(90) TMDL means total maximum daily
				load.
(91) TOC (total organic
				carbon) shall mean a measure of the amount of organic material in a water or
				waste expressed in milligrams of carbon per liter of solution. Measurement
				shall be as set forth in the latest USEPA-approved edition of Standard Methods
				for the Examination of Water and Wastewater.
(92) Total maximum daily load means the
				maximum amount of a pollutant to be allowed to be released into a waterbody so
				as not to impair uses of the water, allocated among the sources of that
				pollutant.
(93) Transporter means
				any person who delivers hauled waste via tank truck or rail car.
(94) TSS (total suspended solids) means
				solids that are in suspension in water or wastewater, and which are removable
				by filtration. Measurement shall be as set forth in the latest USEPA-approved
				edition of Standard Methods for the Examination of Water and
				Wastewater.
(95) Toxic pollutants
				means those substances as defined and referred to in the act or as designated
				by the commissioner of the NYSDEC.
(96) Uncontaminated means waters (or
				wastewaters) which are not contaminated.
(97) USEPA means the United States
				Environmental Protection Agency.
(98) User means and refers to any person
				whose premises are connected to the water board POTW or MS4, or effluent source
				that directly or indirectly contributes, causes or permits the contribution of
				waste into or through the POTW or stormwater through the MS4.
(99) Wastewater means water that is not
				stormwater, is contaminated with pollutants and is or will be
				discarded.
(100) Water board sewer
				system means all sewer pipes and other appurtenances which are used or useful
				in whole or in part in connection with the collection, treatment or disposal of
				wastewater, industrial waste or other properly shredded wastes and which are
				owned, operated and maintained by the water board, including wastewater pumping
				stations and wastewater treatment and disposal facilities, but excluding
				separate storm sewers and the diversion sewer. Preferred current terminology
				water board POTW shall be used throughout the text of this Part.
(101) Water board's SPDES discharge permit
				means the current State or National Pollutant Discharge Elimination System
				Permit, as issued by the NYSDEC or the USEPA, to the water board.