2023 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.