2023 New York Laws › NAV - Navigation › Article 12 - Oil Spill Prevention, Control, and Compensation › Part 1 - General Provisions › 172 - Definitions.

§ 172. Definitions.  Unless  the  context clearly indicates otherwise,
the following terms shall have the following meanings:
1. "Administrator" means the chief executive, within the department of
audit and control, of the New York environmental  protection  and  spill
compensation fund;
2. "Barrel" means forty-two United States gallons, or 159.9 liters, at
sixty degrees fahrenheit;
2-a.  "Biological  additives" means microbiological cultures, enzymes,
or nutrient additives that are deliberately introduced into a  petroleum
discharge  for  the  specific  purpose  of encouraging biodegradation to
mitigate the effects of the discharge.
3. "Claim" means, for purposes of part  three  of  this  article,  any
claim  of  the  fund  or  any  claim  by  an  injured person, who is not
responsible for the discharge,  seeking  compensation  for  cleanup  and
removal  costs  incurred or damages sustained as a result of a petroleum
discharge;
3-a. "Burning  agents"  means  additives  that,  through  physical  or
chemical  means,  improve  the  combustibility of the materials to which
they are applied.
3-b. "Chemical agents" means generally those  elements,  compounds  or
mixtures that coagulate, disperse, dissolve, emulsify, foam, neutralize,
precipitate,  reduce, solubilize, oxidize, concentrate, congeal, entrap,
fix, make the  pollutant  mass  more  rigid  or  viscous,  or  otherwise
facilitate  the  mitigation  of  deleterious  effects  or removal of the
pollutant or petroleum from the water.
4. "Cleanup and  removal"  means  the  (a)  containment  or  attempted
containment  of  a  discharge,  (b)  removal  or  attempted removal of a
discharge or, (c) taking of reasonable measures to prevent  or  mitigate
damages  to  the  public  health,  safety, or welfare, including but not
limited to, public and private property,  shorelines,  beaches,  surface
waters,  water  columns  and  bottom sediments, soils and other affected
property, including wildlife and other natural resources;
5. "Cleanup and removal costs" means all  costs  associated  with  the
cleanup  and  removal of a discharge including relocation costs pursuant
to section one hundred seventy-seven-a of this article incurred  by  the
state  or  its political subdivisions or their agents or any person with
approval of the department;
6.  "Commissioner"  means  the  commissioner  of  the  department   of
environmental conservation, unless otherwise indicated;
6-a. "Containment boom" means a floating or stationary device composed
of  plastic,  natural  or  synthetic materials which can be mechanically
extended over water or permanently stationed over water for the purposes
of containing floating petroleum,  solid  objects  or  other  pollutants
within or outside a particular area;
7.  "Department"  means  the department of environmental conservation,
unless otherwise indicated;
8. "Discharge"  means  any  intentional  or  unintentional  action  or
omission   resulting  in  the  releasing,  spilling,  leaking,  pumping,
pouring, emitting, emptying or dumping of petroleum into the  waters  of
the  state  or  onto  lands  from which it might flow or drain into said
waters, or into waters outside the jurisdiction of the state when damage
may result  to  the  lands,  waters  or  natural  resources  within  the
jurisdiction of the state;
8-a.  "Dispersant"  means  chemical agents that emulsify, disperse, or
solubilize petroleum into  the  water  column  or  promote  the  surface
spreading  of  petroleum slicks to facilitate dispersal of the petroleum
into the water column.
9. "Fund" means  the  New  York  environmental  protection  and  spill
compensation fund;
10.  "License  fee  period" means every calendar month on the basis of
which the licensee is required to report under this article;
11. "Major facility" includes but is  not  limited  to  any  refinery,
storage  or  transfer  terminal,  pipeline,  deep  water  port, drilling
platform or any appurtenance related to any of  the  preceding  that  is
used  or  is  capable  of  being used to refine, produce, store, handle,
transfer, process or transport petroleum. A vessel shall be considered a
major facility only when petroleum is  transferred  between  vessels.  A
vessel that would not otherwise be considered a major facility shall not
be  considered a major facility based solely upon its rendering of care,
assistance or advice consistent with the national contingency plan or as
otherwise directed  by  the  federal  on-scene  coordinator  or  by  the
commissioner  or  his  designee, in response to a discharge of petroleum
into or upon  the  navigable  waters.  Facilities  with  total  combined
above-ground  or  buried  storage  capacity  of  less  than four hundred
thousand gallons are not major  facilities  for  the  purposes  of  this
article;
12.  "Natural  resources"  means  all land, fish, shellfish, wildlife,
biota, air, waters and other such resources;
13. "Owner" or "operator" means with respect to a vessel,  any  person
owning,  operating  or chartering by demise such vessel; with respect to
any major facility, any person owning such facility, or operating it  by
lease, contract or other form of agreement; with respect to abandoned or
derelict  major  facilities,  the  person  who  owned  or  operated such
facility immediately prior to such abandonment, or the owner at the time
of discharge;
14.  "Person"  means  public  or  private   corporations,   companies,
associations,  societies,  firms,  partnerships,  joint stock companies,
individuals, the United States, the state of New York  and  any  of  its
political subdivisions or agents;
15.  "Petroleum"  means  oil  or petroleum of any kind and in any form
including, but not limited to, oil, petroleum, fuel oil, oil sludge, oil
refuse, oil mixed  with  other  wastes  and  crude  oils,  gasoline  and
kerosene;
15-a.   "Petroleum-bearing   vessel"  means  any  vessel  transporting
petroleum in commercial quantities as cargo or any vessel constructed or
adapted for the carriage of petroleum in bulk;
15-b. "Sinking agents" means additives applied to petroleum discharges
to sink floating pollutants below the water surface.
15-c. "Surface collecting agents" means chemical agents  that  form  a
surface film to control the layer thickness of petroleum.
15-d.  "Tank  vessel" means a vessel that is constructed or adapted to
carry, or that carries, petroleum in bulk as cargo or cargo residue, and
that:
(a) is a vessel of the United States;
(b) operates on the waters of the state of New York; or
(c) transfers petroleum in a place subject to the jurisdiction of  the
of the state of New York.
16.  "Transfer" means onloading or offloading between major facilities
and vessels or vessels and major facilities, and from vessel  to  vessel
or major facility to major facility;
17.   "Vessel"   means  every  description,  of  watercraft  or  other
contrivance that is practically capable of being  used  as  a  means  of
commercial  transportation  of  petroleum upon the water, whether or not
self-propelled; and
18. "Waters" means the ocean and its estuaries to the seaward limit of
the state's jurisdiction, and all lakes, springs, streams and bodies  of
surface  or  groundwater,  whether  natural  or  artificial,  within the
boundaries of this state. Provided, however, that for purposes  of  this
definition,  waters of the state adjacent to Long Island Sound are to be
strictly construed to effectuate only the provisions of this article.