New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 2 - CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY › Part 700 - Definitions, Samples And Tests › Section 700.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The terms,
					 words, or phrases used in Parts 700-706 of this Title shall have the meanings
					 described below.
(1) Acute toxic effect means
					 an effect that usually occurs shortly after the administration of either a
					 single dose or multiple doses of a chemical or other toxic pollutant.
(2) Administrator means the Administrator of
					 the United States Environmental Protection Agency.
(3) Approved treatment as applied to water
					 supplies means treatment accepted as satisfactory by the authorities
					 responsible for exercising supervision over the quality of water
					 supplies.
(4) Aquatic life or
					 aquatic biota means fish, shellfish and those species of wildlife and plants
					 that spend at least part of their life in water.
(5) Best usages as specified for each class
					 of water means those uses as determined by the commissioner in accordance with
					 the considerations prescribed by the Environmental Conservation Law.
(6) Biologially-based dose-response model
					 means a model that describes and quantifies the key events in the molecular,
					 cellular, tissue, or organismal responses to a chemical or other toxic
					 pollutant across a range of doses. Model parameters should represent biological
					 phenomena rather than arbitrary statistically-derived values such as polynomial
					 regression coefficients. Such models, if they accurately describe the
					 relationship between dose and response within the range of experimental
					 observation, may provide biological justification for predicted responses at
					 doses below the range of observation.
(7) Chronic toxic effect means an effect that
					 is irreversible or progressive or occurs because the rate of injury is greater
					 than the rate of repair during prolonged exposure to a chemical or other toxic
					 pollutant.
(8) Coastal waters mean
					 those marine waters within the territorial limits of the State other than
					 estuaries and enclosed bays. Long Island Sound is designated as coastal waters
					 for the purposes of thermal discharges.
(9) Commissioner means the Commissioner of
					 the Department of Environmental Conservation.
(10) Consolidated rock or bedrock means the
					 compact or solid hard rock beneath or exposed at the surface of the earth or
					 overlain by surface waters.
(11)
					 Cooling water means water used for contact or noncontact cooling, including
					 water used for equipment cooling, evaporative cooling tower makeup, and
					 dilution of effluent heat content. The intended use of the cooling water is to
					 absorb waste heat rejected from the process or processes used, or from
					 auxiliary operations on the facility's premises.
(12) Cooling water intake structure means the
					 total physical structure and any associated constructed waterways used to
					 withdraw cooling water from waters of the State. The cooling water intake
					 structure extends from the point at which water is withdrawn from the waters of
					 the State up to, and including, the intake pumps.
(13) Department means the New York State
					 Department of Environmental Conservation.
(14) Disposal system means a system for
					 disposing of sewage, industrial waste or other wastes, including sewer systems
					 and treatment works.
(15) Effluent
					 limitations mean any restriction on quantities, qualities, rates and
					 concentrations of chemical, physical, biological, and other constituents of
					 effluents that are discharged into or allowed to run from an outlet or point
					 source or any other discharge within the meaning of section 17-0501  of the Environmental
					 Conservation Law into surface waters, groundwater or unsaturated
					 zones.
(16) Enclosed bays mean
					 those marine waters within the territorial limits of New York State, other than
					 coastal waters or estuaries, in which exchange of sea water is severely limited
					 by barrier beaches. For the purpose of thermal discharges, the following are
					 designated as enclosed bays: Jamaica Bay, Hempstead Bay, Great South Bay,
					 Moriches Bay, Shinnecock Bay and Mecox Bay.
(17) Estuary means the tidal portion of a
					 river or stream.
(18) Fish means
					 all varieties of the super-class Pisces.
(19) Flow means the volume of water passing
					 through the cross-sectional area of stream (or river) per unit of
					 time.
(20) Fresh groundwaters mean
					 those groundwaters having a chloride concentration equal to or less than 250
					 mg/L or a total dissolved solids concentration equal to or less than 1,000 mg/
					 L.
(21) Great Lakes System means
					 classified segments identified in Part 805; Parts 835 through 839; Parts 845
					 through 848; Parts 820 and 821; Parts 895 through 899; and Items 1a, 1b and 441
					 through 1661 of Part 910 of this Title.
(22) Groundwaters mean those waters in
					 saturated zones.
(23) Groundwater
					 effluent limitations mean those effluent limitations that have been adopted in
					 section
					 703.6 
					 or developed in accordance with section
					 702.16(c) 
					 of this Title for protection of groundwater.
(24) Guidance value 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 sections
					 702.1
					 and
					 702.15 
					 of this Title.
(25) Heat of
					 artificial origin means all heat from other than natural sources, including but
					 not limited to cumulative effects of multiple and proximate thermal
					 discharges.
(26) 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, that may cause or
					 might reasonably be expected to cause pollution of the waters of the State in
					 contravention of the standards adopted pursuant to the Environmental
					 Conservation Law, article 17.
(27)
					 Key event means a measurable and necessary step in a mode-of-action or a
					 measurable indicator of such a step.
(28) Land application techniques include the
					 following three basic methods of waste discharge application: irrigation,
					 infiltration-percolation, and overland flow.
(29) Land utilization practices entail the
					 use of plants, the soil surface, and soil matrix for removal of certain
					 wastewater constituents.
(30) Liner
					 at low doses means the frequency or severity of a molecular, cellular, tissue,
					 or organismal response (i.e., key event) to a chemical or other toxic pollutant
					 varies proportionally with dose at human doses that are at or near the standard
					 or guidance value for that chemical or toxic pollutant.
(31) Lowest-observed-effect level (LOEL)
					 means the lowest dose or exposure level of a chemical or other toxic pollutant
					 at which a statistically or biologically significant change in the frequency or
					 severity of any effect is observed in the exposed population compared with an
					 appropriate unexposed control population.
(32) Micrograms per liter (ug/L) means the
					 weight in micrograms of any specific substance or substances contained in one
					 liter of liquid.
(33) Milligrams
					 per liter (mg/L) means the weight in milligrams of any specific substance or
					 substances contained in one liter of liquid.
(34) Model means a mathematical function with
					 parameters that can be adjusted so that the function closely describes a set of
					 empirical data.
(35) Mode-of-action
					 means a sequence of key events that provides a biologically-plausible
					 explanation for how a chemical or other toxic pollutant interacts with a
					 biological target in humans or experimental animals to cause a given
					 effect.
(36) New York/New Jersey
					 harbor means saltwater classified segments identified in Part 859; Part 864;
					 Part 890, except Item 1 and its tributaries; Part 891; and Items 1, 2 and 3 and
					 their tributaries of Part 935 of this Title.
(37) No-observed-effect level (NOEL) means
					 the highest dose or exposure level of a chemical or other toxic pollutant at
					 which there are not statistically or biologically significant changes in the
					 frequency or severity of any observed effect in the exposed population compared
					 with an appropriate unexposed control population.
(38) Nonlinear at low doses means the
					 frequency or severity of a molecular, cellular, tissue, or organismal response
					 (i.e., key event) to a chemical or other toxic pollutant does not vary
					 proportionally with dose at human doses that are at or near the standard or
					 guidance value for that chemical or toxic pollutant.
(39) Oncogenic effect means the induction of
					 tumors that has been demonstrated in:
(i)
					 humans;
(ii) two mammalian
					 species;
(iii) one mammalian
					 species, independently reproduced;
(iv) one mammalian species, to an unusual
					 degree with respect to incidence, latency period, site, tumor type or age at
					 onset;
(v) one mammalian species,
					 supported by positive results in short-term tests that are indicative of
					 potential oncogenic activity; or
(vi) one mammalian species, supported by
					 positive results for another substance for which similar oncogenic effects are
					 anticipated because of similarity of functional groups or metabolic or
					 toxicologic pathways.
(40) Other wastes means garbage, refuse,
					 decayed wood, sawdust, shavings, bark, sand, lime, cinders, ashes, offal, oil,
					 tar, dyestuffs, acids, chemicals, leachate, sludge, salt and all other
					 discarded matter not sewage or industrial waste that may cause or might
					 reasonably be expected to cause pollution of the waters of the State in
					 contravention of the standards adopted pursuant to the Environmental
					 Conservation Law, article 17.
(41)
					 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.
(42) Pathogenic organism means any
					 disease-producing organism.
(43)
					 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.
(44) Point-of-departure
					 means a point on a dose-reponse curve for an effect of a chemical or other
					 toxic pollutant that is within or near the range of experimental or
					 observational data for the effect. It shall be the lower 95 percent confidence
					 limit on a dose for an estimated level of excess risk for an effect, or it can
					 be a NOEL or LOEL for an effect. It is the starting point for the extrapolation
					 from the range of observation in human or animal studies to the human doses at
					 or near the standard or guidance value for that chemical or toxic
					 pollutant.
(45) 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 or vessel or other
					 floating craft from which pollutants are or may be discharged.
(46) 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.
(47)
					 Pollution means the presence in the environment of conditions and/or
					 contaminants in quantities of characteristics that are or may be injurious to
					 human, plant or animal life or to property or that unreasonably interfere with
					 the comfortable enjoyment of life and property throughout such areas of the
					 State as shall be affected thereby.
(48) Potable waters mean those fresh waters
					 usable for drinking, culinary or food processing purposes.
(49) Primary contact recreation means
					 recreational activities where the human body may come in direct contact with
					 raw water to the point of complete body submergence. Primary contact recreation
					 includes, but is not limited to, swimming, diving, water skiing, skin diving
					 and surfing.
(50) Principal organic
					 contaminant classes means the classes of organic chemicals listed below.
(i) Halogenated alkane: compound containing
					 carbon (C), hydrogen (H) and halogen (X) where X = fluorine (F), chlorine (Cl),
					 bromine (Br) and/or iodine (I), having the general formula C
					 nH yX z,
					 where y + z = 2n + 2; n, y and z are integer variables; n and z are equal to or
					 greater than one and y is equal to or greater than zero. Specifically excluded
					 from this class are chloroform, bromoform, bromodichloromethane and
					 dibromochloromethane.
(ii)
					 Halogenated ether: compound containing carbon (C), hydrogen (H), oxygen (O) and
					 halogen (X) (where X = F, Cl, Br and/or I) having the general formula C
					 nH yX zO,
					 where y + z =2n + 2; the oxygen is bonded to two carbons; n, y and z are
					 integer variables; n is equal to or greater than two, y is equal to or greater
					 than zero and z is equal to or greater than one.
(iii) Halobenzenes and substituted
					 halobenzenes: derivatives of benzene which have at least one halogen atom
					 attached to the ring and which may or may not have straight or branched chain
					 hydrocarbon, nitrogen or oxygen substituents.
(iv) Benzene and alkyl- or
					 nitrogen-substituted benzenes: benzene or a derivative of benzene which has
					 either an alkyl- and/or a nitrogen-substituent.
(v) Substituted, unsaturated hydrocarbons: a
					 straight or branched chain unsaturated hydrocarbon compound containing one of
					 the following: halogen, aldehyde, nitrile or amide.
(vi) Halogenated nonaromatic cyclic
					 hydrocarbons: a nonaromatic cyclic compound containing a halogen.
(51) Reference dose (RfD) means an
					 estimate of a daily oral exposure of the human population (including sensitive
					 subgroups) to a chemical or other toxic pollutant that is likely to be without
					 an appreciable risk of deleterious effects during a lifetime.
(52) Saline groundwater means groundwater
					 having a chloride concentration of more than 250 mg/L or a total dissolved
					 solids concentration of more than 1,000 mg/L.
(53) Saline surface waters mean all waters
					 that are so designated by the commissioner.
(54) Salmonids, see trout.
(55) Saturated zones means any extensive
					 portion of the earth's crust that contains sufficient water to fill all
					 interconnected voids or pore spaces.
(56) Secondary contact recreation means
					 recreational activities where contact with the water is minimal and where
					 ingestion of the water is not probable. Secondary contact recreation includes,
					 but is not limited to, fishing and boating.
(57) Sewage means the water-carried human or
					 animal wastes from residences, buildings, industrial establishments or other
					 places, together with such groundwater infiltration and surface water as may be
					 present.
(58) Shellfish includes
					 oysters, scallops, clams, mussels, and other aquatic mollusks, and lobsters,
					 shrimp, crayfish, crabs, and other aquatic crustaceans.
(59) Source of water supply for drinking,
					 culinary or food processing purposes means any water source, either public or
					 private, that is used for domestic consumption or used in connection with the
					 processing of milk, beverages or food.
(60) Specific MCL means a maximum contaminant
					 level (MCL) included in 10 NYCRR 5-1.51, 5-1.52 or 5-1.55 for either an
					 individual substance or group of substances. A Specific MCL does not include
					 the 10 NYCRR Part 5 MCLs for principal organic contaminants or unspecified
					 organic contaminants.
(61)
					 Standards mean such measures 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  of the Environmental
					 Conservation Law.
(62) Subsurface
					 sewage disposal system means a disposal system that discharges sewage beneath
					 the surface of the ground.
(63)
					 Thermal discharge means a discharge that results or would result in a
					 temperature change of the receiving water.
(64) Toxic pollutant means those pollutants,
					 or combination of pollutants, including disease-causing agents, that 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, behavioral abnormalities, cancer, genetic mutations,
					 physiological malfunctions, including malfunctions in reproduction, or physical
					 deformations, in such organisms or their offspring.
(65) Treatment works means any plant,
					 disposal field, lagoon, pumping station, constructed drainage ditch or surface
					 water intercepting ditch, incinerator, area devoted to sanitary landfills or
					 other works not specifically mentioned here, installed for the purpose of
					 treating, neutralizing, stabilizing or disposing of sewage, industrial waste or
					 other wastes.
(66) Trout means any
					 fish in the following genera: Coregonus, Oncorhynchus, Prosopium, Salmo,
					 Salvelinus and Thymallus.
(67)
					 Trout waters are waters that provide habitat in which trout can survive and
					 grow within a normal range on a year-round basis, or on a year-round basis
					 excepting periods of time during which almost all of the trout inhabiting such
					 waters could and would temporarily retreat into and survive in adjoining or
					 tributary waters due to natural circumstances. When these conditions exist or
					 have been met a water may be classified as a trout water and identified with
					 the symbol (T), appearing in an entry in the "standards" column in the
					 classification tables of parts 800 through 941 of this Title.
(68) Trout spawning waters are trout waters
					 in which trout eggs can be deposited and be fertilized by trout inhabiting such
					 waters (or connecting waters) and in which those eggs can develop and hatch,
					 and the trout hatched therefrom could survive and grow to a sufficient size and
					 stage of development to enable them to either remain and grow to adult trout
					 therein, or migrate into and survive in other trout waters. When these
					 conditions exist or have been met a water may be classified as a trout spawning
					 water and identified with the symbol (TS), appearing in an entry in the
					 "standards" column in the classification tables of Parts 800 through 941 of
					 this Title.
(69) Unconsolidated
					 deposits means all non- or poorly indurated soil materials above the
					 bedrock.
(70) Waste management
					 system includes the management of mechanical equipment, crops, irrigation and
					 monitors as an operational unit.
(71) Water quality-based effluent limitations
					 means effluent limitations for surface waters that are derived from water
					 quality standards or guidance values.
(72) Wildlife means wild game and all other
					 animal life existing in a wild state, except fish, shellfish and
					 crustacea.
(73) Coastal recreation
					 waters mean the Great Lakes and marine coastal waters (including coastal
					 estuaries) that are designated under section 303(c) of the federal Clean Water
					 Act by the State for use for swimming, bathing, surfing, or similar water
					 contact activities. Coastal recreation waters do not include inland waters or
					 waters upstream of the mouth of a river or stream having an unimpeded natural
					 connection with the Great Lakes or open marine waters.