New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 658 - Hearing Procedures-water Pollution Control › Section 658.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever used in this Part, unless otherwise expressly
						stated, or unless the context or subject matter requires a different meaning,
						the following terms shall have the respective meanings hereinafter set forth or
						indicated:
(a) Act. The term "act"
					 means the provisions of article 12 of the Public Health Law and any legislation
					 supplementary thereto and amendatory thereof.
(b) Commissioner. The term "commissioner"
					 means the Commissioner of Environmental Conservation of the State of New
					 York.
(c) Department. The term
					 "department" means the Department of Environmental Conservation of the State of
					 New York.
(d) Hearing. The term
					 "hearing" means that part of the proceeding which involves the submission of
					 evidence including notices, stipulations and consents.
(e) Hearing officer. The term "hearing
					 officer" means the person duly designated by the commissioner as his
					 representative for the purpose of conducting a hearing pursuant to article 12
					 of the Public Health Law, and includes the plural of such term.
(f) Party. The term "party" includes the
					 State Department of Environmental Conservation and all persons designated as
					 petitioner or respondent in any proceeding under article 12 of the Public
					 Health Law.
(g) Person. The term
					 "person" 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.
(h) Petitioner. The
					 term "petitioner" means any person not previously heard in connection with the
					 making of a final determination and order by the commissioner and who within 20
					 days after service upon him of a copy of a notice, order or determination of
					 the commissioner, elects to submit and file a petition with the department
					 under and pursuant to the provisions of section 1243 of the Public Health
					 Law.
(i) Pollution. The term
					 "pollution" means any pollution or discharge subject to abatement under and
					 pursuant to the provisions of article 12 of the Public Health Law.
(j) Respondent. The term "respondent" means a
					 party proceeded against under and pursuant to the provisions of article 12 of
					 the Public Health Law, and includes the plural of such term.
(k) Waters or waters of the State. The term
					 "waters" or "waters of the State" means 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.
(l) Water Resources Commission. The term
					 "Water Resources Commission" means the Water Resources Commission created by
					 section 410 of the Conservation Law.