NY Env Conserv L § 17-0105 (2021)
2021 New York Laws ENV - Environmental Conservation Article 17 - Water Pollution Control Title 1 - General Provisions and Public Policy 17-0105 - Definitions Applicable to Portions of This Article.

§ 17-0105. Definitions applicable to portions of this article.When  used  in titles 1 to 11, inclusive, and titles 14 and 19 of this   article:1. "Person" or "persons"  means  any  individual,  public  or  private   corporation,  political  subdivision,  government  agency, municipality,   industry, co-partnership, association, firm, trust, estate or any  other   legal entity whatsoever.2.  "Waters"  or  "waters  of the state" shall be construed to include   lakes, bays,  sounds,  ponds,  impounding  reservoirs,  springs,  wells,   rivers,   streams,  creeks,  estuaries,  marshes,  inlets,  canals,  the   Atlantic ocean within the territorial limits of the state  of  New  York   and  all  other  bodies  of  surface  or  underground  water, natural or   artificial, inland or coastal, fresh or salt, public or private  (except   those  private  waters  which  do  not combine or effect a junction with   natural surface or underground waters), which are  wholly  or  partially   within or bordering the state or within its jurisdiction.3.  "Marine  district"  shall include the waters of the Atlantic ocean   within three nautical miles from the coast  line  and  all  other  tidal   waters  within the state, except the Hudson river northerly of the south   end of Manhattan Island.4. "Sewage" means  the  water-carried  human  or  animal  wastes  from   residences,   buildings,  industrial  establishments  or  other  places,   together with such ground water infiltration and surface water as may be   present. The admixture with sewage as above defined of industrial wastes   or other wastes as hereafter defined, shall also be considered  "sewage"   within the meaning of this article.5.  "Industrial  waste"  means  any  liquid,  gaseous,  solid or waste   substance or  a  combination  thereof  resulting  from  any  process  of   industry,  manufacturing,  trade, or business or from the development or   recovery of any natural resources, which may cause or  might  reasonably   be   expected  to  cause  pollution  of  the  waters  of  the  state  in   contravention of the standards adopted as provided herein.6. "Other  wastes"  means  garbage,  refuse,  decayed  wood,  sawdust,   shavings,  bark, sand, lime, cinders, ashes, offal, oil, tar, dyestuffs,   acids, chemicals, ballast and all other discarded matter not  sewage  or   industrial  waste  which  may  cause  or might reasonably be expected to   cause pollution of the waters of  the  state  in  contravention  of  the   standards adopted as provided herein.7.  "Standard"  or "Standards" means such measure of purity or quality   for any waters in relation to their reasonable and necessary use as  may   be established by the department pursuant to section 17-0301.8.  "Sewer  system" or "sewerage system" means pipe lines or conduits,   pumping stations, and force mains, and all other constructions, devices,   and  appliances  appurtenant  thereto,  used  for   conducting   sewage,   industrial waste or other wastes to a point of ultimate disposal.9.  "Treatment works" means any plant, disposal field, lagoon, pumping   station, constructed drainage ditch or surface water intercepting ditch,   incinerator, area devoted to sanitary land fills,  or  other  works  not   specifically  mentioned  herein,  installed for the purpose of treating,   neutralizing, stabilizing or disposing of sewage,  industrial  waste  or   other wastes.10.  "Disposal  system"  means  a  system  for  disposing  of  sewage,   industrial waste or  other  wastes,  and  including  sewer  systems  and   treatment works.11.  "Outlet"  means  the  terminus of a sewer system, or the point of   emergence of any water-borne sewage, industrial waste or other wastes or   the effluent therefrom, into the waters of the state. 12. "Shellfish" includes oysters, scallops, claims, mussels and  other   aquatic  mollusks,  and  lobsters,  shrimp,  crawfish,  crabs  and other   aquatic crustaceans.13.  "State  Pollutant  Discharge Elimination System" or "SPDES" means   the  system  established  pursuant  hereto  for  issuance   of   permits   authorizing discharges to the waters of the state.14. "National Pollutant Discharge Elimination System" or "NPDES" means   the  national system for the issuance of permits under the Federal Water   Pollution Control Act.15. "Effluent standard and/or limitation"  means  any  restriction  on   quantities,  quality,  rates  and  concentrations of chemical, physical,   biological, and other constituents of  effluents  which  are  discharged   into or allowed to run from an outlet or point source into waters of the   state promulgated by the federal government.16.  "Point  source"  means  any  discernible,  confined  and discrete   conveyance, including but not  limited  to  any  pipe,  ditch,  channel,   tunnel,  conduit,  well,  discrete  fissure,  container,  rolling stock,   concentrated animal feeding operation, vessel or other  floating  craft,   or  landfill leachate collection system from which pollutants are or may   be discharged.  This  term  does  not  include  agricultural  stormwater   discharges and return flows from irrigated agriculture.17. "Pollutant" means dredged spoil, solid waste, incinerator residue,   sewage,  garbage,  sewage sludge, munitions, chemical wastes, biological   materials, radioactive materials, heat, wrecked or discarded  equipment,   rock,  sand and industrial, municipal, and agricultural waste discharged   into water; and ballast which may cause or might reasonably be  expected   to  cause  pollution  of the waters of the state in contravention of the   standards adopted as provided herein.18. "Schedule of compliance" means a  schedule  of  remedial  measures   including  an  enforceable  sequence of actions or operations leading to   compliance with an effluent limitation, other  limitation,  prohibition,   or standard.19.  "Toxic  pollutant"  means  those  pollutants,  or  combination of   pollutants, including disease-causing agents which after  discharge  and   upon  exposure, ingestion, inhalation or assimilation into any organism,   either directly from the environment or indirectly through food  chains,   will,  on  the  basis  of information available to the department, cause   death, disease, behavorial  abnormalities,  cancer,  genetic  mutations,   physiological  malfunctions,  including malfunctions in reproduction, or   physical deformations, in such organisms or their offspring.20. "New source" means  any  source,  the  construction  of  which  is   commenced  after the publication of a standard or performance applicable   to such source under the provisions of the Act, provided  such  standard   is thereafter promulgated and adopted.21.  "Standard of performance" means a standard for the control of the   discharge of pollutants which reflects the greatest degree  of  effluent   reduction  which  the  federal  government  determines  to be achievable   through  application  of  the  best   available   demonstrated   control   technology,   processes,   operating  methods,  or  other  alternatives,   including, where practicable, a  standard  permitting  no  discharge  of   pollutants.22. "Toxic and pretreatment effluent standard" means standards adopted   by the federal government pursuant to section 307 of the Act.23.  "Tanker"  means  any  watercraft of more than three hundred gross   tons and having a fully loaded draft of seven feet or more used to carry   any liquid cargo, including petroleum, oil or water.