2023 New York Laws › ENV - Environmental Conservation › Article 56 - Implementation of the Clean Water/clean Air Bond Act of 1996 › Title 1 - General Provisions › 56-0101 - Definitions.

§  56-0101.  Definitions.  As  used  in this article the following terms
shall mean and include:
1. "Aquatic habitat restoration project" means the  planning,  design,
construction,  management,  maintenance, reconstruction, revitalization,
or rejuvenation activities intended to improve waters of  the  state  of
ecological  significance or any part thereof, including, but not limited
to ponds, bogs, wetlands, bays, sounds, streams, rivers,  or  lakes  and
shorelines   thereof,   to   support  a  spawning,  nursery,  wintering,
migratory, nesting, breeding, feeding, or foraging environment for  fish
and wildlife and other biota.
2.  "Clean water project" means a project undertaken pursuant to title
3 of this article but shall not include navigational dredging projects.
3. "Combined or separate sewer overflow abatement" means the planning,
design, construction of, or improvement  to,  a  system  that  prevents,
eliminates,  or  partially eliminates raw untreated sewage from entering
the receiving water as the result of a  precipitation  event,  including
but  not  limited  to  temporary storage tanks, pumping stations related
thereto, sewer pipe, and pilot or demonstration technologies.
4. "Cost" means the cost of an approved project, which  shall  include
appraisal,  surveying, engineering and architectural services, plans and
specifications, consultant and legal services,  construction  and  other
direct  expenses  incident  to  such  project  less any federal or state
funds, other than those provided pursuant  to  this  article,  for  such
project received or to be received.
5.  "Drinking  water infrastructure project" or "water supply project"
means the planning, design, construction, improvement, or acquisition of
facilities, equipment, sites, or  buildings  for  the  supply,  control,
treatment, distribution, and transport of drinking water and the testing
and  monitoring  to  ensure  the  integrity  and  quality  of such water
intended to improve drinking water facilities including  achievement  of
compliance  with the federal safe drinking water act or other applicable
federal law and state drinking water quality goals and standards  taking
into  consideration  the  water  resources  management strategy prepared
pursuant to title twenty-nine of article fifteen of this chapter.
6. "Environmental compliance assistance project" means  the  planning,
design,   construction,  improvement,  maintenance,  or  acquisition  of
facilities, production  processes,  equipment,  buildings  or  water  or
wastewater  infrastructure  for  compliance  with environmental laws and
regulations or other pollution avoidance activities.
7. "Environmental restoration project" means a project to  investigate
or to remediate contamination pursuant to title five of this article.
8.  "Federal  assistance"  means  funds available, other than by loan,
from the federal government, either directly or  through  allocation  by
the  state  for construction or program purposes pursuant to any federal
law or program.
9. "Governing body" means:
(a) in the case of a county outside of  the  city  of  New  York,  the
county board of supervisors or other elective governing body;
(b)  in  the  case  of  a  city or village, the local legislative body
thereof, as the term is defined in the municipal home rule law;
(c) in the case of a town, the town board;
(d) in the case of a school district, the board of education thereof;
(e) in the case of a supervisory district, the  board  of  cooperative
educational services thereof;
(f)  in  the  case  of  a  public  benefit  corporation,  the board of
directors, members or trustees thereof;
(g) in the  case  of  a  public  authority,  the  governing  board  of
directors, members, or trustees thereof;
(h)  in  the  case  of  a  not-for-profit  corporation,  the  board of
directors thereof or such other body designated in  the  certificate  of
incorporation to manage the corporation; and
(i)  in  the case of an Indian tribe, any governing body recognized by
the United States or the state of New York.
10. "Air quality project" means a project undertaken pursuant to title
six of this article.
11. "Hazardous substances"  mean  substances  found  on  the  list  of
substances  hazardous  to  the  public health, safety or the environment
promulgated pursuant to article 37 of this  chapter  and  petroleum,  as
that  term  is  defined  in  subdivision  fifteen of section one hundred
seventy-two of the navigation law.
12. "Heritage area project" means a project undertaken by or through a
municipality, public benefit corporation or a not-for-profit corporation
identified  in  a  management  plan  prepared  and   approved   by   the
commissioner   of   the   office   of  parks,  recreation  and  historic
preservation in accordance with the provisions of section 35.05  of  the
parks, recreation and historic preservation law.
13.  "Historic  preservation  project" means a project undertaken by a
municipality  or  a  not-for-profit  corporation  to  acquire,  improve,
restore  or  rehabilitate  property  listed  on  the  state  or national
registers of historic places, including, but not limited to, projects at
zoos, botanical gardens, and aquaria, to protect the historic, cultural,
archeological, or architectural significance thereof, or  undertaken  by
the  office  of  parks, recreation and historic preservation to improve,
restore or rehabilitate state historic properties listed on the state or
national  registers  of  historic  places  to  protect  the  historical,
cultural or architectural significance thereof.
14.  "Marine  holding  tank" means any container aboard any vessel, as
defined in section two of the navigation law, that is designed and  used
for  the  purpose  of collecting and storing treated or untreated sewage
from marine toilets.
15. "Municipality" means a local public authority  or  public  benefit
corporation, a county, city, town, village, school district, supervisory
district,  district  corporation,  improvement district within a county,
city, town or village, or Indian nation or tribe recognized by the state
or the United States with a reservation  wholly  or  partly  within  the
boundaries of New York state, or any combination thereof. In the case of
aquatic  habitat  restoration  projects,  the  term  municipality  shall
include the state.
16. "Not-for-profit corporation" means a corporation  formed  pursuant
to  the  not-for-profit  corporation  law  and  qualified for tax-exempt
status under the federal internal revenue code.
17. "Office" means  the  office  of  parks,  recreation  and  historic
preservation.
18.  "Open space land conservation project" means acquisition projects
undertaken with willing sellers  including,  but  not  limited  to,  the
purchase  of conservation easements, undertaken by the commissioner, the
commissioner  of  the  office  of   parks,   recreation   and   historic
preservation or by municipalities pursuant to article twenty-five-AAA of
the agriculture and markets law.
19. "Park project" means a project undertaken by a municipality, state
agency,  public benefit corporation, public authority, or not-for-profit
corporation for the acquisition, development or  improvement  of  parks,
preserves,  beaches,  shorefronts,  recreational  sites  and  facilities
including construction of structures, roads and parking facilities.
20.  "Pollution  prevention  project"  means  the  planning,   design,
construction,  improvement,  maintenance  or  acquisition of facilities,

production processes,  equipment  or  buildings  owned  or  operated  by
municipalities  for  the reduction, avoidance, or elimination of the use
of toxic or hazardous substances or the generation of such substances or
pollutants  so  as  to reduce risks to public health or the environment,
including  changes  in  production  processes  or  raw  materials;  such
projects  shall  not  include  incineration, transfer from one medium of
release or discharge to another  media,  off-site  or  out-of-production
recycling, end-of-pipe treatment or pollution control.
21.  "Responsible  party"  means  a party responsible under applicable
principles of  statutory  or  common  law  liability  to  remediate  the
contamination located at, or emanating from, real property subject to an
environmental restoration project.
22.  "Safe drinking water project" means a project undertaken pursuant
to title 2 of this article.
23. "Small business" means any business  which  is  resident  in  this
state,  independently owned and operated, not dominant in its field, and
employs not more than one hundred individuals.
24. "Solid waste project" means a project undertaken pursuant to title
4 of this article.
25. "Solid waste" shall have the definition set forth in  title  5  of
article  27  of  this  chapter  but shall not include hazardous waste as
defined in title 9 of article 27 of this chapter.
26. "State assistance payment" means payment of the state share of the
cost of projects authorized by this act to  preserve,  enhance,  restore
and improve the quality of the state's environment.
27.  "Stormwater  collecting system" means systems of conduits and all
other  constructions,  devices,  and  appliances  appurtenant   thereto,
designed  and  used  to  collect and carry stormwater and surface water,
street wash, and other wash and drainage waters to a  point  source  for
discharge.
28. "Vessel pumpout station" means a project for the planning, design,
acquisition or construction of a permanent or portable device capable of
removing human sewage from a marine holding tank.
29.  "Wastewater  treatment  improvement  project" means the planning,
design, construction, acquisition, enlargement, extension, or alteration
of a sewage treatment plant to treat, neutralize,  stabilize,  eliminate
or  partially  eliminate  sewage or reduce pollutants in treatment plant
effluent or to create mechanisms to transport wastewater to a  treatment
plant,  including permanent or pilot demonstration wastewater treatment,
outfall and dispersal  apparatus,  pumping  stations  integral  to  such
plants  or  sewers,  sewer  pipes,  combined  sewer  overflow abatement,
stormwater collecting systems, vessel pumpout stations, or equipment  or
furnishings thereof.
30.  "Waterbodies"  means  waters or waters of the state as defined in
section 17-0105 of this chapter  except  private  waters  which  do  not
provide public access.
31. "Water quality improvement project" means:
(a) wastewater treatment improvement projects;
(b)  non-point source abatement and control program projects developed
pursuant  to  section  eleven-b  of  the  soil  and  water  conservation
districts  law, title 14 of article 17 of this chapter, section 1455b of
the federal coastal zone management act, or  article  forty-two  of  the
executive law;
(c) aquatic habitat restoration projects; and
(d) pollution prevention projects.
32.  "Contamination"  or "contaminated" shall have the same meaning as
provided in section 27-1405 of this chapter.