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Appendix A 1. owned or operated by a State, city, town, village, borough, county, parish, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under section 208 of the CWA, that discharges to surface waters of the State; and 2. designed or used for collecting or conveying stormwater; and 3. which is not a combined sewer system; and 4. which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 CFR 122.2. Natural Buffer(s) – an undisturbed area with natural cover running along a surface water (e.g. wetland, stream, river, lake, etc.). New Development – any land disturbance that does not meet the definition of Redevelopment Activity included in this appendix. New York State Erosion and Sediment Control Certificate Program – a certificate program that establishes and maintains a process to identify and recognize individuals who are capable of developing, designing, inspecting and maintaining erosion and sediment control plans on projects that disturb soils in New York State. The certificate program is administered by the New York State Conservation District Employees Association. Nonpoint Source(s) – any source of water pollution or pollutants which is not a discrete conveyance or point source permitted pursuant to Title 7 or 8 of Article 17 of the Environmental Conservation Law (see ECL Section 17-1403). Overbank – flow events that exceed the capacity of the stream channel and spill out into the adjacent floodplain. Owner or Operator – the person, persons, or legal entity which owns or leases the property on which the construction activity is occurring; an entity that has operational control over the construction plans and specifications, including the ability to make modifications to the plans and specifications; and/or an entity that has day-to-day operational control of those activities at a project that are necessary to ensure compliance with the permit requirements. 59 Page 765 of 849