§ 15-1502 — Definitions

§ 15-1502. Definitions.\n When used in this title, unless otherwise expressly stated or unless\nthe context or subject matter otherwise requires:\n 1. "Coastal communities" shall mean those areas on Long Island where\nthe Magothy aquifer is either absent or contaminated with chlorides.\n 2. "Lloyd Sands" shall mean that geological strata generally known to\nbe the deepest and oldest water-bearing layer of the Long Island aquifer\nsystem and shall not include bedrock.\n 3. "Water well" shall mean any groundwater excavation for the purpose\nof obtaining water.\n 4. "Water well drilling" or "water well drilling activities" shall\nmean the construction and reconstruction of water wells, the\nestablishment or repair of a connection through the well casing and the\nrepair of water wells including repairs which require the opening of the\nwell casing.\n 5. "Water well driller" shall mean a person who, for compensation or\nas part of property development and sale, engages in water well drilling\nactivities; provided, however, that, for the purposes of this\nsubdivision, the term "person" shall not include a public corporation,\npolitical subdivision, government agency, department, or bureau of the\nstate or a municipality.\n 6. "Enforcement officer" shall mean any person authorized to enforce\nthe provisions of this title or the building code in the municipality in\nwhich the water well drilling activities are taking place.\n 7. "Agricultural purpose" shall mean the practice of farming for\ncrops, plants, vines and trees, and the keeping, grazing, or feeding of\nlivestock for sale of livestock or livestock products, and the on-farm\nprocessing of crops, livestock and livestock products.\n 8. "Compact basin commission" shall mean an interstate commission\nhaving jurisdiction with respect to the regulation of water resources\nwithin a basin in the state, created by interstate compact or\nfederal-interstate compact, including but not limited to, the\nSusquehanna river basin commission and the Delaware river basin\ncommission.\n 9. "Environmentally sound and economically feasible water conservation\nmeasures" shall mean those measures, methods, technologies or practices\nfor efficient water use and for reduction of water loss and waste or for\nreducing a withdrawal, consumptive use or diversion that: (i) are\nenvironmentally sound; (ii) reflect best practices applicable to the\nwater use sector; (iii) are technically feasible and available; (iv) are\neconomically feasible and cost effective based on an analysis that\nconsiders direct and avoided economic and environmental costs; and (v)\nconsider the particular facilities and processes involved, taking into\naccount the environmental impact, age of equipment and facilities\ninvolved, the processes employed, energy impacts and other appropriate\nfactors.\n 10. "Interbasin diversion" shall mean the transfer of water or\nwastewater from one New York major drainage basin to another drainage\nbasin.\n 11. "Person" shall mean any individual, public or private corporation,\npolitical subdivision, government agency, department or bureau of the\nstate, municipality, industry, co-partnership, association, firm, trust,\nestate or any other legal entity whatsoever.\n 12. "Potable water" shall mean water intended for human consumption\nthat meets the requirements for a public water system as set forth in\nthe state sanitary code.\n 13. "Public water supply system" shall mean a permanently installed\nwater withdrawal system including its source, collection, pumping,\ntreatment, transmission, storage and distribution facilities used in\nconnection with such system, which provides piped potable water to the\npublic for potable purposes, if such system has at least five service\nconnections used by year-round residents.\n 14. "Threshold volume" shall mean the withdrawal of water of a volume\nof one hundred thousand gallons or more per day, determined by the\nlimiting maximum capacity of the water withdrawal, treatment, or\nconveyance system; provided that for agricultural purposes the threshold\nvolume shall mean a withdrawal of water of a volume in excess of an\naverage of one hundred thousand gallons per day in any consecutive\nthirty-day period.\n 15. "Water withdrawal system" shall mean any equipment or\ninfrastructure operated or maintained for the provision or withdrawal of\nwater including, but not limited to, collection, pumping, treatment,\ntransportation, transmission, storage, and distribution.\n 16. "Withdrawal" or "withdrawal of water" shall mean the removal or\ntaking of water for any purpose from the waters of the state.\n