§ 56-0101 — Definitions

§ 56-0101. Definitions. As used in this article the following terms\nshall mean and include:\n 1. "Aquatic habitat restoration project" means the planning, design,\nconstruction, management, maintenance, reconstruction, revitalization,\nor rejuvenation activities intended to improve waters of the state of\necological significance or any part thereof, including, but not limited\nto ponds, bogs, wetlands, bays, sounds, streams, rivers, or lakes and\nshorelines thereof, to support a spawning, nursery, wintering,\nmigratory, nesting, breeding, feeding, or foraging environment for fish\nand wildlife and other biota.\n 2. "Clean water project" means a project undertaken pursuant to title\n3 of this article but shall not include navigational dredging projects.\n 3. "Combined or separate sewer overflow abatement" means the planning,\ndesign, construction of, or improvement to, a system that prevents,\neliminates, or partially eliminates raw untreated sewage from entering\nthe receiving water as the result of a precipitation event, including\nbut not limited to temporary storage tanks, pumping stations related\nthereto, sewer pipe, and pilot or demonstration technologies.\n 4. "Cost" means the cost of an approved project, which shall include\nappraisal, surveying, engineering and architectural services, plans and\nspecifications, consultant and legal services, construction and other\ndirect expenses incident to such project less any federal or state\nfunds, other than those provided pursuant to this article, for such\nproject received or to be received.\n 5. "Drinking water infrastructure project" or "water supply project"\nmeans the planning, design, construction, improvement, or acquisition of\nfacilities, equipment, sites, or buildings for the supply, control,\ntreatment, distribution, and transport of drinking water and the testing\nand monitoring to ensure the integrity and quality of such water\nintended to improve drinking water facilities including achievement of\ncompliance with the federal safe drinking water act or other applicable\nfederal law and state drinking water quality goals and standards taking\ninto consideration the water resources management strategy prepared\npursuant to title twenty-nine of article fifteen of this chapter.\n 6. "Environmental compliance assistance project" means the planning,\ndesign, construction, improvement, maintenance, or acquisition of\nfacilities, production processes, equipment, buildings or water or\nwastewater infrastructure for compliance with environmental laws and\nregulations or other pollution avoidance activities.\n 7. "Environmental restoration project" means a project to investigate\nor to remediate contamination pursuant to title five of this article.\n 8. "Federal assistance" means funds available, other than by loan,\nfrom the federal government, either directly or through allocation by\nthe state for construction or program purposes pursuant to any federal\nlaw or program.\n 9. "Governing body" means:\n (a) in the case of a county outside of the city of New York, the\ncounty board of supervisors or other elective governing body;\n (b) in the case of a city or village, the local legislative body\nthereof, as the term is defined in the municipal home rule law;\n (c) in the case of a town, the town board;\n (d) in the case of a school district, the board of education thereof;\n (e) in the case of a supervisory district, the board of cooperative\neducational services thereof;\n (f) in the case of a public benefit corporation, the board of\ndirectors, members or trustees thereof;\n (g) in the case of a public authority, the governing board of\ndirectors, members, or trustees thereof;\n (h) in the case of a not-for-profit corporation, the board of\ndirectors thereof or such other body designated in the certificate of\nincorporation to manage the corporation; and\n (i) in the case of an Indian tribe, any governing body recognized by\nthe United States or the state of New York.\n 10. "Air quality project" means a project undertaken pursuant to title\nsix of this article.\n 11. "Hazardous substances" mean substances found on the list of\nsubstances hazardous to the public health, safety or the environment\npromulgated pursuant to article 37 of this chapter and petroleum, as\nthat term is defined in subdivision fifteen of section one hundred\nseventy-two of the navigation law.\n 12. "Heritage area project" means a project undertaken by or through a\nmunicipality, public benefit corporation or a not-for-profit corporation\nidentified in a management plan prepared and approved by the\ncommissioner of the office of parks, recreation and historic\npreservation in accordance with the provisions of section 35.05 of the\nparks, recreation and historic preservation law.\n 13. "Historic preservation project" means a project undertaken by a\nmunicipality or a not-for-profit corporation to acquire, improve,\nrestore or rehabilitate property listed on the state or national\nregisters of historic places, including, but not limited to, projects at\nzoos, botanical gardens, and aquaria, to protect the historic, cultural,\narcheological, or architectural significance thereof, or undertaken by\nthe office of parks, recreation and historic preservation to improve,\nrestore or rehabilitate state historic properties listed on the state or\nnational registers of historic places to protect the historical,\ncultural or architectural significance thereof.\n 14. "Marine holding tank" means any container aboard any vessel, as\ndefined in section two of the navigation law, that is designed and used\nfor the purpose of collecting and storing treated or untreated sewage\nfrom marine toilets.\n 15. "Municipality" means a local public authority or public benefit\ncorporation, a county, city, town, village, school district, supervisory\ndistrict, district corporation, improvement district within a county,\ncity, town or village, or Indian nation or tribe recognized by the state\nor the United States with a reservation wholly or partly within the\nboundaries of New York state, or any combination thereof. In the case of\naquatic habitat restoration projects, the term municipality shall\ninclude the state.\n 16. "Not-for-profit corporation" means a corporation formed pursuant\nto the not-for-profit corporation law and qualified for tax-exempt\nstatus under the federal internal revenue code.\n 17. "Office" means the office of parks, recreation and historic\npreservation.\n 18. "Open space land conservation project" means acquisition projects\nundertaken with willing sellers including, but not limited to, the\npurchase of conservation easements, undertaken by the commissioner, the\ncommissioner of the office of parks, recreation and historic\npreservation or by municipalities pursuant to article twenty-five-AAA of\nthe agriculture and markets law.\n 19. "Park project" means a project undertaken by a municipality, state\nagency, public benefit corporation, public authority, or not-for-profit\ncorporation for the acquisition, development or improvement of parks,\npreserves, beaches, shorefronts, recreational sites and facilities\nincluding construction of structures, roads and parking facilities.\n 20. "Pollution prevention project" means the planning, design,\nconstruction, improvement, maintenance or acquisition of facilities,\nproduction processes, equipment or buildings owned or operated by\nmunicipalities for the reduction, avoidance, or elimination of the use\nof toxic or hazardous substances or the generation of such substances or\npollutants so as to reduce risks to public health or the environment,\nincluding changes in production processes or raw materials; such\nprojects shall not include incineration, transfer from one medium of\nrelease or discharge to another media, off-site or out-of-production\nrecycling, end-of-pipe treatment or pollution control.\n 21. "Responsible party" means a party responsible under applicable\nprinciples of statutory or common law liability to remediate the\ncontamination located at, or emanating from, real property subject to an\nenvironmental restoration project.\n 22. "Safe drinking water project" means a project undertaken pursuant\nto title 2 of this article.\n 23. "Small business" means any business which is resident in this\nstate, independently owned and operated, not dominant in its field, and\nemploys not more than one hundred individuals.\n 24. "Solid waste project" means a project undertaken pursuant to title\n4 of this article.\n 25. "Solid waste" shall have the definition set forth in title 5 of\narticle 27 of this chapter but shall not include hazardous waste as\ndefined in title 9 of article 27 of this chapter.\n 26. "State assistance payment" means payment of the state share of the\ncost of projects authorized by this act to preserve, enhance, restore\nand improve the quality of the state's environment.\n 27. "Stormwater collecting system" means systems of conduits and all\nother constructions, devices, and appliances appurtenant thereto,\ndesigned and used to collect and carry stormwater and surface water,\nstreet wash, and other wash and drainage waters to a point source for\ndischarge.\n 28. "Vessel pumpout station" means a project for the planning, design,\nacquisition or construction of a permanent or portable device capable of\nremoving human sewage from a marine holding tank.\n 29. "Wastewater treatment improvement project" means the planning,\ndesign, construction, acquisition, enlargement, extension, or alteration\nof a sewage treatment plant to treat, neutralize, stabilize, eliminate\nor partially eliminate sewage or reduce pollutants in treatment plant\neffluent or to create mechanisms to transport wastewater to a treatment\nplant, including permanent or pilot demonstration wastewater treatment,\noutfall and dispersal apparatus, pumping stations integral to such\nplants or sewers, sewer pipes, combined sewer overflow abatement,\nstormwater collecting systems, vessel pumpout stations, or equipment or\nfurnishings thereof.\n 30. "Waterbodies" means waters or waters of the state as defined in\nsection 17-0105 of this chapter except private waters which do not\nprovide public access.\n 31. "Water quality improvement project" means:\n (a) wastewater treatment improvement projects;\n (b) non-point source abatement and control program projects developed\npursuant to section eleven-b of the soil and water conservation\ndistricts law, title 14 of article 17 of this chapter, section 1455b of\nthe federal coastal zone management act, or article forty-two of the\nexecutive law;\n (c) aquatic habitat restoration projects; and\n (d) pollution prevention projects.\n 32. "Contamination" or "contaminated" shall have the same meaning as\nprovided in section 27-1405 of this chapter.\n