§ 17-0105 — Definitions applicable to portions of this article

New York § 17-0105

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 1: General Provisions and Public Policy
• Art. 17: Water Pollution Control

Text

§ 17-0105. Definitions applicable to portions of this article.\n When used in titles 1 to 11, inclusive, and titles 14 and 19 of this\narticle:\n 1. "Person" or "persons" means any individual, public or private\ncorporation, political subdivision, government agency, municipality,\nindustry, co-partnership, association, firm, trust, estate or any other\nlegal entity whatsoever.\n 2. "Waters" or "waters of the state" shall be construed to include\nlakes, bays, sounds, ponds, impounding reservoirs, springs, wells,\nrivers, streams, creeks, estuaries, marshes, inlets, canals, the\nAtlantic ocean within the territorial limits of the state of New York\nand all other bodies of surface or underground water, natural or\nartificial, inland or coastal, fresh or salt, public or private (except\nthose private waters which do not combine or effect a junction with\nnatural surface or underground waters), which are wholly or partially\nwithin or bordering the state or within its jurisdiction.\n 3. "Marine district" shall include the waters of the Atlantic ocean\nwithin three nautical miles from the coast line and all other tidal\nwaters within the state, except the Hudson river northerly of the south\nend of Manhattan Island.\n 4. "Sewage" means the water-carried human or animal wastes from\nresidences, buildings, industrial establishments or other places,\ntogether with such ground water infiltration and surface water as may be\npresent. The admixture with sewage as above defined of industrial wastes\nor other wastes as hereafter defined, shall also be considered "sewage"\nwithin the meaning of this article.\n 5. "Industrial waste" means any liquid, gaseous, solid or waste\nsubstance or a combination thereof resulting from any process of\nindustry, manufacturing, trade, or business or from the development or\nrecovery of any natural resources, which may cause or might reasonably\nbe expected to cause pollution of the waters of the state in\ncontravention of the standards adopted as provided herein.\n 6. "Other wastes" means garbage, refuse, decayed wood, sawdust,\nshavings, bark, sand, lime, cinders, ashes, offal, oil, tar, dyestuffs,\nacids, chemicals, ballast and all other discarded matter not sewage or\nindustrial waste which may cause or might reasonably be expected to\ncause pollution of the waters of the state in contravention of the\nstandards adopted as provided herein.\n 7. "Standard" or "Standards" means such measure of purity or quality\nfor any waters in relation to their reasonable and necessary use as may\nbe established by the department pursuant to section 17-0301.\n 8. "Sewer system" or "sewerage system" means pipe lines or conduits,\npumping stations, and force mains, and all other constructions, devices,\nand appliances appurtenant thereto, used for conducting sewage,\nindustrial waste or other wastes to a point of ultimate disposal.\n 9. "Treatment works" means any plant, disposal field, lagoon, pumping\nstation, constructed drainage ditch or surface water intercepting ditch,\nincinerator, area devoted to sanitary land fills, or other works not\nspecifically mentioned herein, installed for the purpose of treating,\nneutralizing, stabilizing or disposing of sewage, industrial waste or\nother wastes.\n 10. "Disposal system" means a system for disposing of sewage,\nindustrial waste or other wastes, and including sewer systems and\ntreatment works.\n 11. "Outlet" means the terminus of a sewer system, or the point of\nemergence of any water-borne sewage, industrial waste or other wastes or\nthe effluent therefrom, into the waters of the state.\n 12. "Shellfish" includes oysters, scallops, claims, mussels and other\naquatic mollusks, and lobsters, shrimp, crawfish, crabs and other\naquatic crustaceans.\n 13. "State Pollutant Discharge Elimination System" or "SPDES" means\nthe system established pursuant hereto for issuance of permits\nauthorizing discharges to the waters of the state.\n 14. "National Pollutant Discharge Elimination System" or "NPDES" means\nthe national system for the issuance of permits under the Federal Water\nPollution Control Act.\n 15. "Effluent standard and/or limitation" means any restriction on\nquantities, quality, rates and concentrations of chemical, physical,\nbiological, and other constituents of effluents which are discharged\ninto or allowed to run from an outlet or point source into waters of the\nstate promulgated by the federal government.\n 16. "Point source" means any discernible, confined and discrete\nconveyance, including but not limited to any pipe, ditch, channel,\ntunnel, conduit, well, discrete fissure, container, rolling stock,\nconcentrated animal feeding operation, vessel or other floating craft,\nor landfill leachate collection system from which pollutants are or may\nbe discharged. This term does not include agricultural stormwater\ndischarges and return flows from irrigated agriculture.\n 17. "Pollutant" means dredged spoil, solid waste, incinerator residue,\nsewage, garbage, sewage sludge, munitions, chemical wastes, biological\nmaterials, radioactive materials, heat, wrecked or discarded equipment,\nrock, sand and industrial, municipal, and agricultural waste discharged\ninto water; and ballast which may cause or might reasonably be expected\nto cause pollution of the waters of the state in contravention of the\nstandards adopted as provided herein.\n 18. "Schedule of compliance" means a schedule of remedial measures\nincluding an enforceable sequence of actions or operations leading to\ncompliance with an effluent limitation, other limitation, prohibition,\nor standard.\n 19. "Toxic pollutant" means those pollutants, or combination of\npollutants, including disease-causing agents which after discharge and\nupon exposure, ingestion, inhalation or assimilation into any organism,\neither directly from the environment or indirectly through food chains,\nwill, on the basis of information available to the department, cause\ndeath, disease, behavorial abnormalities, cancer, genetic mutations,\nphysiological malfunctions, including malfunctions in reproduction, or\nphysical deformations, in such organisms or their offspring.\n 20. "New source" means any source, the construction of which is\ncommenced after the publication of a standard or performance applicable\nto such source under the provisions of the Act, provided such standard\nis thereafter promulgated and adopted.\n 21. "Standard of performance" means a standard for the control of the\ndischarge of pollutants which reflects the greatest degree of effluent\nreduction which the federal government determines to be achievable\nthrough application of the best available demonstrated control\ntechnology, processes, operating methods, or other alternatives,\nincluding, where practicable, a standard permitting no discharge of\npollutants.\n 22. "Toxic and pretreatment effluent standard" means standards adopted\nby the federal government pursuant to section 307 of the Act.\n 23. "Tanker" means any watercraft of more than three hundred gross\ntons and having a fully loaded draft of seven feet or more used to carry\nany liquid cargo, including petroleum, oil or water.\n