NY Env Conserv L § 17-1003 (2021)
2021 New York Laws ENV - Environmental Conservation Article 17 - Water Pollution Control Title 10 - Control of the Bulk Storage of Petroleum 17-1003 - Definitions.

§ 17-1003. Definitions.   As used in this title:   1.  "Facility"  means  a  single  property  or  contiguous or adjacent properties used for a common purpose which are owned or operated by  the same person on or in which are located:   a.  one  or  more  stationary  tanks  which  are used singularly or in combination for the storage or containment of more than one thousand one hundred gallons of petroleum; or   b. any tank whose capacity is greater than  one  hundred  ten  gallons that  is used for the storage or containment of petroleum, the volume of which is ten percent or more beneath the surface of the ground.   This term shall not include:  (1) facilities licensed under article twelve of the navigation law;  (2) facilities regulated under the federal natural gas act;  (3) a heating oil tank used for on premises consumption  at  the  same site  which  is  not interconnected to any other heating oil tank and is used to store or contain less than one thousand one hundred  gallons  of petroleum unless such tank is located on a site that otherwise meets the definition of facility given in this subdivision;  (4)  tanks  eleven  hundred  gallons  or less used to store motor fuel (gasoline or diesel  products)  for  non-commercial  purposes  (not  for resale) at a farm or residence, unless such tank or tanks are located on a  site  that  otherwise  meets the definition of facility given in this subdivision;  (5) tanks used to store or contain asphalt,  however,  tanks  used  to store or contain asphaltic emulsions are included; or  (6)  tanks  which  have  been  permanently  closed  in accordance with regulations promulgated pursuant to section 17-1005 of this title.   2. "Substantially  modified  facility"  means  the  reconditioning  or replacement  of  an  existing  tank  or  installation of a new tank at a facility.   3. "Operator" means any  person  who  leases,  operates,  controls  or supervises a facility.   4.  "Owner"  means  any  person  who has legal or equitable title to a facility.   5. "Petroleum" means:   a. crude oil and any fraction thereof;   b. any mixture containing crude oil or any fraction thereof; and   c. synthetic forms of lubricating  oil,  dielectric  oils,  insulating oils, hydraulic oils and cutting oils.   Such term shall not include:  (1)  hazardous  waste  defined  pursuant  to  section  27-0903 of this chapter;  (2) substances meeting the definition of hazardous substance  pursuant to section 40-0105 of this chapter;  (3)  animal  or  vegetable  oils  that  do  not  contain  crude oil or fractions thereof; or  (4) substances that are gases at standard temperature and pressure.   6. "Electronic monitoring system" means an electronic  leak  detection system,  approved by the department, containing a warning system capable of operating on a continuous basis to  detect  petroleum  prior  to  its reaching ground or surface waters.   7. "Tank" means a stationary device designed to store petroleum, which is constructed of non-earthen materials that provide structural support. The term "tank" includes all associated pipes, lines, fixtures and other ancillary  equipment.  The  term  "tank"  does  not include septic tank; surface impoundment, pit, pond  or  lagoon;  storm-water  or  wastewater collection   system;  flow-through  process  tank;  or  liquid  trap  or  associated gathering lines directly related to oil or gas production and gathering operations.   8.  "Spill"  or "leak" means any escape of petroleum from the ordinary containers  employed  in  the  normal  course  of   storage,   transfer, processing or use.