New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 610 - Certification Of Onshore Major Facilities › Section 610.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
Unless the context otherwise requires, the definitions
					 contained in section 172  of the
					 Navigation Law shall be applicable to this Part. The following additional
					 definitions and clarifications shall be applicable to this Part:
(a) Area of environmental value means an area
				  used for waterfowl nesting and feeding, fish spawning and migration, shellfish
				  beds, or wetlands, or significant habitats as determined by the
				  department.
(b) Coast Guard plan
				  means an operations manual prepared with the intent of complying with the
				  requirements of   33 CFR part 154, subpart B, effective July 1, 1977, and which
				  does comply with the requirements of 33 CFR part 154, subpart B (see section
				  610.6  of this
				  Part).
(c) Commissioner shall mean
				  the commissioner of the Department of Environmental Conservation.
(d) To contain or containment means all
				  actions to limit or prevent the spread of a petroleum discharge.
(e) Department shall mean the Department of
				  Environmental Conservation.
(f)
				  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, excepting discharges pursuant to and in
				  compliance with the conditions of a valid State or Federal permit.
(g) 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 in the waters of
				  the State of New York. Fueling operations and the like, between vessels, shall
				  not be considered petroleum transfers between vessels for the purposes of this
				  definition. Facilities with total combined aboveground or buried storage
				  capacity of less than 400,000 gallons are not major facilities for the purposes
				  of this Part.
(h) Onshore major
				  facility means a major facility which is not a vessel or a drilling platform,
				  which is located on or under any land within the State of New York and which,
				  if partially or totally located on submerged land, is physically connected to
				  the shore by permanent structures located above the mean high-water
				  level.
(i) Spill or spillage means
				  any escape of petroleum from the ordinary containers employed in the normal
				  course of storage, transfer, processing or use. A spill becomes a discharge
				  only when petroleum reaches waters of the State or lands from which they might
				  flow or drain into said waters.
(j)
				  Spill prevention control and countermeasure plan or SPCC plan means a plan
				  which has been prepared for the purpose of complying with  40 CFR part 112, effective April 1, 1978, and which does comply with the requirements of  40 CFR
				  part 112, effective April 1, 1978 (see section
				  610.6  of this
				  Part).