New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter III - Public Water Supplies › Subchapter A - Municipalities, Districts, Companies, Institutions › Part 128 - New York City › Subpart 128-1 - General Provisions › Section 128-1.6 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The following
					 terms shall have the stated meanings when used in this Part, except where
					 otherwise specifically provided:
(1) Access
					 road means an impervious private or public road, other than a driveway, which
					 connects a parcel to an existing public or private road and which is necessary
					 in order to enable the parcel to be developed. Access road does not include an
					 internal road within a subdivision or within an area of common development
					 involving two or more parcels.
(2)
					 Affiliate means any agency or person controlled by, controlling, or under
					 common control with an applicant.
(3) Agency means any local, State or Federal
					 department, agency, board, public benefit corporation, public authority,
					 commission, district, or governing body, including any city, county, and other
					 political entity of the State.
(4)
					 Agricultural activity means an activity that occurs on land used in
					 agricultural production as that term is defined in section 301 (4)  of the Agriculture
					 and Markets Law.
(5) Alteration or
					 modification means any change in physical configuration, intensity of use,
					 location, plans, design, site, capacity, treatment standard or method, or other
					 change in a regulated activity or in a noncomplying regulated activity. This
					 term shall not include routine repairs or maintenance of structures and
					 equipment.
(6) Approval means any
					 final decision by an agency to issue a permit, certificate, license, lease,
					 renewal or other entitlement or to otherwise authorize a proposed project or
					 activity.
(7) Area zoned for
					 commercial or industrial uses means a commercial or industrial zoning district,
					 hamlet zoning district, or highway business zoning district. Areas zoned for
					 commercial or industrial uses shall not include agricultural zoning
					 districts.
(8) Base flow means
					 visible sustained or fair weather runoff of water, including
					 groundwater.
(9) Best management
					 practices (BMPs) means methods, measures or practices determined to be the most
					 practical and effective in preventing or reducing the contamination to or
					 degradation of the water supply. Best management practices include, but are not
					 limited to, structural and nonstructural controls and operations and
					 maintenance procedures, that can be applied before, during or after regulated
					 activities to achieve the purposes stated herein.
(10) Best treatment technology (BTT) means
					 methods, measures or practices determined to be the most practical and
					 effective in reducing amounts of phosphorus in both surface and subsurface
					 point source discharges which occur within the New York City watershed. BTT
					 will vary with the size of the wastewater treatment plant, but is generally
					 understood to consist of secondary treatment and chemical removal (usually
					 accomplished by the addition of aluminum salts, iron salts, polymers, or pH
					 adjustments with lime), with media filtration as a final step if necessary to
					 achieve higher removal rates.
(11)
					 CFR means the Code of Federal Regulations.
(12) City means the City of New
					 York.
(13) Clear cutting means
					 cutting all of the trees, not just selected trees, within a specified boundary
					 designated by the owner of the property.
(14) Coliform restricted basin means the
					 drainage basin of a reservoir or controlled lake in which the coliform
					 standards as set forth in section 128- 4.1(a)(1) or (b)(1) of this Part are
					 exceeded as determined by the department pursuant to its annual review
					 conducted under section
					 128-4.1(c) 
					 of this Part.
(15) Combined
					 sewerage system means a structure used for conveying both sewage and
					 stormwater.
(16) Commissioner means
					 the Commissioner of the New York City Department of Environmental Protection or
					 its successors.
(17) Construction
					 or construction activity means any building, demolition, renovation,
					 replacement, restoration, rehabilitation or alteration of any new or existing
					 structure or road.
(18)
					 Construction and demolition debris means uncontaminated solid waste resulting
					 from the construction, remodeling, repair and demolition of structures and
					 roads; and uncontaminated solid waste consisting of vegetation resulting from
					 land clearing and grubbing, utility line maintenance and seasonal and storm
					 related cleanup.
(19) Contamination
					 means the introduction of any pollutant to the water supply.
(20) Controlled lake means a lake from which
					 the city may withdraw water pursuant to rights acquired by the city or as a
					 right of ownership. The controlled lakes are: Kirk Lake, Lake Gleneida and Lake
					 Gilead.
(21) Croton System means
					 Middle Branch, Bog Brook, East Branch, Croton Falls, Diverting, Titicus,
					 Amawalk, Muscoot, New Croton, and Cross River Reservoirs, Kirk Lake, Lake
					 Gleneida and Lake Gilead, and their respective drainage basins.
(22) Degradation means a process of reduction
					 or deterioration of the water quality of the water supply, including the
					 process of eutrophication.
(23)
					 Department means the New York City Department of Environmental Protection or
					 its successors.
(24) Design
					 capacity means the approved flow limit of the physical apparatus of a
					 wastewater treatment plant as specified in its SPDES permit.
(25) Designated main street area means a
					 defined area of limited size located within the east of Hudson watershed which
					 is an existing center of commercial, industrial, residential, or mixed use and
					 which has been defined and designated by a local government in the east of
					 Hudson watershed and approved by the department pursuant to these rules and
					 regulations.
(26) Designated
					 village center means an area in the Croton System described by the metes and
					 bounds of a village center, whether or not located in an incorporated village,
					 designated by a local government(s) in a Comprehensive Croton Water Quality
					 Protection Plan prepared and agreed to in accordance with section
					 128-8.2 
					 of this Part by submitting to the department a description of the metes and
					 bounds of such proposed designated village center, a map of the described area,
					 and a statement of the features which qualify the area as a designated village
					 center. A designated village center must be an existing center of commercial,
					 residential or mixed uses.
(27)
					 Design professional means a professional engineer or a registered architect who
					 is licensed to practice in the State of New York, or a land surveyor with an
					 exemption under section 7208 (n)  of the Education
					 Law.
(28) Discharge means the
					 intentional or unintentional disposal, deposit, injection, emission,
					 application, dumping, spilling, leaking, washing off, release, running off,
					 draining or placing of any solid, semi-solid, liquid, or any other non-gaseous
					 waste or other substance into or onto any land or water or into any sewerage
					 system so that such waste or other substance may directly or indirectly enter
					 into any watercourse, wetland, reservoir, reservoir stem, controlled lake or
					 groundwater.
(29) Disturbed area
					 means the portion of a site for which the imperviousness of the ground has
					 changed from pre-construction conditions as a result of any land clearing, land
					 grading or construction activity. Disturbed areas may include lawns and
					 landscaped areas.
(30) Drainage
					 basin means the land area which contributes surface water to a reservoir or
					 controlled lake.
(31) Driveway
					 means a route accessible by a motor vehicle between a residential building and
					 a public or private road to provide ingress and egress from the residential
					 building.
(32) East of Hudson
					 watershed means West Branch, Boyd's Corner, Bog Brook, East Branch, Croton
					 Falls, Diverting, Titicus, Amawalk, Muscoot, New Croton, Cross River, Middle
					 Branch and Kensico Reservoirs, Kirk Lake, Lake Gleneida and Lake Gilead, and
					 their respective drainage basins.
(33) Effective date means May 1, 1997, the
					 date on which these rules and regulations became effective pursuant to the
					 approval issued by the New York State Department of Health pursuant to section 1100 (1)  of the Public
					 Health Law; publication of these rules and regulations pursuant to section 1100 (2)  of the Public
					 Health Law; and completion of the requirements of the New York City
					 Administrative Procedure Act.
(34)
					 Effluent means water or wastewater that flows out from a wastewater treatment
					 plant or other treatment process.
(35) Epilimnion means the uppermost, warmest,
					 well-mixed layer of a lake during thermal stratification.
(36) Erosion means the wearing away or the
					 movement of soil by such physical agents as wind or water, that is exacerbated
					 by such practices as the disturbance of ground cover by stripping or removing
					 vegetation, construction activity, or tilling.
(37) Exfiltration means wastewater that leaks
					 out of a sewerage system into the surrounding environment, through faulty
					 joints, defective pipes, cracks in pipes, connections, or at
					 manholes.
(38) Existing means
					 physically constructed, functioning and operational prior to the effective date
					 of these rules and regulations.
(39) Expansion means an increase in the
					 permitted flow limit for a wastewater treatment plant as specified in the SPDES
					 permit and/or an increase in the design capacity of a wastewater treatment
					 plant.
(40) Facility means a
					 structure, room or other physical feature designed to perform a particular
					 function and that makes possible some activity.
(41) Fertilizer means any commercially
					 produced mixture, generally containing phosphorus, nitrogen and/or potassium,
					 except compost, that is applied to the ground to increase the supply of
					 nutrients to plants.
(42) Galley
					 system means any subsurface system for treating sewage that employs structural
					 chambers in a horizontal or vertical arrangement for the storage of effluent
					 until it can be absorbed into the soil that is utilized following a septic tank
					 as an alternative to a standard absorption field.
(43) Gasoline station means an establishment
					 at which gasoline is sold or offered for sale to the public for use in motor
					 vehicles.
(44) Groundwater means
					 any water beneath the land surface in the zone of saturation. The zone of
					 saturation is where water fills all available pore spaces.
(45) Hamlet means a population center
					 designated as a hamlet by a Town Board in the west of Hudson watershed pursuant
					 to a Water Supply Permit issued by the New York State Department of
					 Environmental Conservation for Project No. 0-9999- 00051/00001.
(46) Hazardous substance means any substance
					 defined or listed in Part 597 of Title 6 NYCRR except that hazardous substance
					 does not mean any petroleum product, including those listed in section 597.2,
					 Table 1 of Title 6 NYCRR, and also does not mean any hazardous waste.
(47) Hazardous waste means any solid waste,
					 defined or listed as a hazardous waste in Part 371 of Title 6 NYCRR.
(48) Hypolimnion means the lower, cooler
					 layer of a lake during thermal stratification.
(49) Impervious means resistant to
					 penetration by moisture. Impervious materials include, but are not limited to,
					 paving, concrete, asphalt, roofs, or other hard surfacing material. Impervious
					 surfaces do not include dirt, crushed stone or gravel surfaces.
(50) Individual residence means a building
					 consisting of one residential unit.
(51) Individual sewage treatment system means
					 an on-site subsurface sewage treatment system serving residential properties
					 and receiving sewage without the admixture of industrial wastes or other
					 wastes, as defined in the Environmental Conservation Law, section
					 17-0701, in quantities of less than
					 1,000 gallons per day.
(52)
					 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, which may cause or might reasonably be expected to cause
					 contamination to or degradation of the water supply.
(53) Infiltration means water, other than
					 wastewater, that enters a sewerage system, including sewer service connections,
					 from the ground through such means as defective pipes, pipe joints,
					 connections, or manholes. Infiltration does not include, and is distinguished
					 from, inflow.
(54) Inflow means
					 water other than wastewater that enters a sewerage system, including sewer
					 service connections, from sources such as, but not limited to, roof leaders,
					 cellar drains, yard drains, area drains, foundation drains, drains from springs
					 and swampy areas, manhole covers, cross connections between storm sewers and
					 sanitary sewers, catch basins, cooling towers, storm waters, surface runoff,
					 street wash waters, or drainage. Inflow does not include, and is distinguished
					 from, infiltration.
(55) In situ
					 soil means naturally occurring glacial soil; it does not include fill or
					 stabilized fill.
(56) Intake means
					 the points in the New York City water supply located prior to the point of
					 disinfection where the water is no longer subject to surface runoff.
(57) Intermediate sized sewage treatment
					 system means a subsurface sewage treatment system, typically with a treatment
					 process utilizing a septic tank followed by subsurface disposal, treating
					 sewage or other liquid wastes for discharge into the groundwater of the State
					 and where a SPDES permit is required for such a system. Intermediate sized
					 sewage treatment systems shall not include wastewater treatment plants as
					 defined in these rules and regulations.
(58) Intermittent stream means a watercourse
					 that during certain times of the year goes dry or whose lowest annual mean
					 discharge during seven consecutive days with a recurrence interval of 10 years
					 (MA7CD/10) is less than 0.1 cubic foot per second and which periodically
					 receives groundwater inflow. A drainage ditch, swale or surface feature that
					 contains water only during and immediately after a rainstorm or a snow melt
					 shall not be considered to be an intermittent stream.
(59) Junkyard means any place of storage or
					 deposit, whether in connection with another business or not, where four or more
					 unregistered, old, or second hand motor vehicles, no longer intended or in
					 condition for legal use on the public highways, are held, whether for the
					 purpose of resale of used parts, for the purpose of reclaiming for use some or
					 all of the materials such as metal, glass, or fabric for the purpose of
					 disposing of the same, or for any other purpose.
(60) Land clearing means the exposure of soil
					 by devegetation or the exposure of soil to the forces of erosion.
(61) Land grading means the removal, addition
					 or alteration of surface or subsurface conditions of land by excavation or
					 filling.
(62) Limiting distance
					 means the shortest horizontal distance from the nearest point of a structure or
					 object to the edge, margin or steep bank forming the ordinary high water mark
					 of a watercourse, wetland, reservoir, reservoir stem or controlled lake or to
					 the contour line coinciding with the reservoir spillway elevation.
(63) Metalimnion means an intermediate zone
					 between the epilimnion and hypolimnion where the water temperature drops
					 rapidly with increasing depth.
(64)
					 Microfiltration means a process in which treated effluent passes through a
					 membrane filter having a molecular weight cutoff rate of 500,000 or
					 less.
(65) Multi-family residence
					 means a building containing three or more residential units.
(66) Municipal solid waste landfill means a
					 landfill, as defined in section 360-1.2 of Title 6 NYCRR, which is owned or
					 operated by a municipality.
(67)
					 New means any regulated activity that is not an existing or noncomplying
					 regulated activity, as defined herein.
(68) Noncomplying regulated activity means
					 any regulated activity or existing activity which does not conform to the
					 standards set forth in these rules and regulations, but has obtained all
					 discretionary approvals necessary for construction and operation, prior to the
					 effective date of these rules and regulations.
(69) Nonpoint source pollution means
					 pollution sources which are diffuse and do not have a single point of origin or
					 are not introduced into a receiving stream from a point source.
(70) NYCRR means the Official Compilation of
					 Codes, Rules and Regulations of the State of New York.
(71) Offset means a reduction in the
					 discharge of phosphorus into a drainage basin which is surplus, quantifiable,
					 permanent, and enforceable, as defined herein:
(i) Surplus means that the reduction in
					 phosphorus is not otherwise required by Federal, State or local law, including
					 these rules and regulations, or pursuant to the terms of any judgment, decree
					 or order of any court, administrative tribunal or governmental agency, or
					 pursuant to any watershed protection program funded by the department, except
					 as provided in sections
					 128-8.3(a)(3)
					 and
					 128-8.4(a)(3) 
					 of this Part.
(ii) Quantifiable
					 means that a reasonable basis exists for calculating and verifying the amount
					 of the reduction in phosphorus.
(iii) Permanent means that the reduction in
					 phosphorus is ongoing and of unlimited duration, as opposed to a temporary
					 reduction.
(iv) Enforceable means
					 that the actions and performance standards proposed by the applicant leading to
					 the reduction in phosphorus are incorporated into a legally valid and binding
					 agreement which may be enforced by the city in a court of competent
					 jurisdiction.
(72) One
					 hundred-year flood plain means the land susceptible to being inundated by a
					 flood that has a one percent or greater chance of recurring in any given
					 year.
(73) Operator means any
					 person who leases, operates, controls or supervises a facility.
(74) Owner means any person who has legal or
					 equitable title to a facility.
(75)
					 Pathogenic means capable of causing disease from organisms, including but not
					 limited to: bacteria, fungi, viruses, and protozoa (such as Giardia and
					 Cryptosporidium).
(76) Person means
					 any individual, public or private corporation, political entity, agency,
					 municipality, industry, co-partnership, association, firm, trust, estate or any
					 other legal entity whatsoever, except that person shall not mean the State of
					 New York or any State department, agency, board, public benefit corporation,
					 public authority or commission.
(77) Perennial stream means a watercourse
					 that flows throughout the year from source to mouth.
(78) Pesticide means:
(i) any substance or mixture of substances
					 intended for preventing, destroying, repelling, or mitigating any insects,
					 rodents, fungi, weeds, or other forms of plant or animal life or viruses,
					 except viruses on or in living humans, or other animals, which the Commissioner
					 of the New York State Department of Environmental Conservation shall declare to
					 be a pest; or
(ii) any substance or
					 mixture of substances intended as a plant regulator, defoliant or
					 desiccant.
(79)
					 Petroleum product 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.
(80) Phosphorus restricted basin means the
					 drainage basin of a reservoir or controlled lake in which the phosphorus load
					 to the reservoir or controlled lake results in the phosphorus water quality
					 values established by the New York State Department of Environmental
					 Conservation and set forth in its Technical and Operational Guidance Series
					 (TOGS) 1.1.1, Ambient Water Quality and Guidance Values (October 22, 1993)
					 being exceeded as determined by the department pursuant to its annual review
					 conducted under section
					 128-4.1(c) 
					 of this Part.
(81) Photic zone
					 means the region of a lake that receives light, where photosynthesis takes
					 place. The photic zone extends down to a depth where photosynthetic activity
					 and respiration are balanced due to the available light, or to one percent
					 surface illumination.
(82) 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, or vessel or other floating craft, or
					 landfill leachate collection system, from which pollutants are or may be
					 discharged.
(83) Pollutant means
					 unpermitted dredged spoil, solid waste, incinerator residue, sewage, effluent,
					 garbage, sewage sludge, munitions, chemical waste, biological material,
					 radioactive material, heat, wrecked or discarded equipment, rock, sand, and
					 industrial and municipal waste discharged into water.
(84) Principal means an agency or person that
					 owns 10 percent or more of the voting stock or has the ability to control a
					 corporation, partnership or other entity.
(85) Radioactive material means any material
					 in any form that emits radiation spontaneously.
(86) Regulated activity means any activity to
					 which these rules and regulations apply, as described in section
					 128-1.4(a)-(d) 
					 of this Subpart.
(87) Remediation
					 means the repair or replacement of a subsurface sewage treatment
					 system.
(88) Reservoir means any
					 natural or artificial impoundment of water owned or controlled by the city
					 which is tributary to the city water supply system.
(89) Reservoir stem means any watercourse
					 segment which is tributary to a reservoir and lies within 500 feet or less of
					 the reservoir.
(90) Residential
					 lot(s) means any parcel of land of five acres or less, any point on the
					 boundary line of which is less than one-half mile from any point on the
					 boundary line of another such lot in the same tract, unless any such lot may
					 not legally be used for residential purposes. Without limiting the generality
					 of the foregoing, the term residential shall include temporary, seasonal and
					 permanent residential use.
(91)
					 Sediment means organic or mineral solids or colloids that are transported by
					 the process of hydrologic, hydraulic, or atmospheric transport, including but
					 not limited to erosion.
(92) 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. The admixture of sewage with
					 industrial waste or any other waste as herein defined, shall also be considered
					 sewage within the meaning of these rules and regulations.
(93) Sewerage system means pipe lines or
					 conduits, pumping stations, and force mains, and all other constructions,
					 devices, and appliances appurtenant thereto, used for conducting sewage,
					 industrial waste or other wastes to a point of ultimate disposal.
(94) Silvicultural activity means the removal
					 of selected trees within a specified boundary designated by the owner of the
					 property so that adequate numbers of trees are left to provide seed and partial
					 shade for the development of new tree seedlings, and when such activity is in
					 accordance with Federal, State and local laws.
(95) Small quantity generator has the meaning
					 set forth in section
					 370.2(b)(154)
					 of Title 6 NYCRR.
(96) Solid waste
					 means all putrescible and non-putrescible materials or substances that are
					 discarded, abandoned, or rejected as being spent, useless, worthless or in
					 excess to the owners at the time of such discard or rejection, including but
					 not limited to garbage, refuse, industrial and commercial waste, sludges from
					 air or water treatment facilities, rubbish, tires, ashes, contained gaseous
					 material, incinerator residue, construction and demolition debris, discarded
					 automobiles and offal, except where exempt from compliance with Part 360 of
					 Title 6 NYCRR as described in section 360-1.2(a)(4) of Title 6 NYCRR.
(97) Solid waste management facility means
					 any facility employed beyond the initial solid waste collection process and
					 managing solid waste including but not limited to: storage areas or facilities;
					 transfer stations; rail-haul or barge-haul facilities; landfills; construction
					 and demolition processing facilities; disposal facilities; solid waste
					 incinerators; landspreading facilities; composting facilities; surface
					 impoundments; waste oil storage, reprocessing and rerefining facilities;
					 recyclables handling and recovery facilities; and waste tire storage
					 facilities, as defined in section 360-1.2 of Title 6 NYCRR.
(98) SPDES flow parameter violation means two
					 or more violations of a permitted State Pollutant Discharge Elimination System
					 (SPDES) flow parameter limit during a consecutive six-month period. A facility
					 that operates less than six months per year will be deemed to have a SPDES flow
					 parameter violation if the permitted SPDES flow parameter limit is violated one
					 or more times during any consecutive four-month period.
(99) State Pollutant Discharge Elimination
					 System (SPDES) permit means a permit issued pursuant to titles 7 and 8 of
					 article 17 of the Environmental Conservation Law.
(100) Stormwater means that portion of
					 precipitation that is in excess of the evaporative or infiltrative capacity of
					 soils, or the retentive capacity of surface features, that flows off the land
					 by surface runoff or by subsurface interflow to watercourses, wetlands,
					 reservoirs, reservoir stems and controlled lakes, i.e., that portion of the
					 water supplied to surface drainage that is not groundwater or base
					 flow.
(101) Stormwater Project
					 Review Committee ("committee") means a committee formed in each town or village
					 in the watershed to assist the department in implementing section
					 128-3.9(b)
					 and (c)  of this Part, and consisting of the
					 following four committee members: a representative of the department, who shall
					 act as chairperson; a representative of the New York State Department of
					 Environmental Conservation from the region in which the activity requiring a
					 Stormwater Pollution Prevention Plan is proposed to be located; a
					 representative of the town or village in which the activity requiring a
					 Stormwater Pollution Prevention Plan is proposed to be located or if no one is
					 designated by the town, or if the activity is proposed for a village, the
					 village, a representative of the appropriate County Planning Department;
					 provided, however, that a town, or if the activity is proposed for a village,
					 the village, may at any time designate a representative to replace the one
					 designated by the County Planning Department; and a representative of the
					 County Department of Health from the county in which the activity requiring a
					 Stormwater Pollution Prevention Plan is proposed to be located, or in a county
					 without a County Department of Health, a representative of the County Soil and
					 Water Conservation Service.
(102)
					 Stratification means the physical condition caused primarily by
					 temperature-created differences in water density, which results in the
					 formation of a warm, surface layer (epilimnion), a zone of transition
					 (metalimnion), and a cooler, deep layer of water (hypolimnion).
(103) Subdivision means any tract of land
					 which is divided into five or more parcels of five acres or less, along an
					 existing or proposed street, highway, easement or right-of-way, for sale or for
					 rent as residential lots. A tract of land shall constitute a subdivision upon
					 the sale, rental or offer for sale or lease of the fifth residential lot
					 therefrom within any consecutive three-year period.
(104) Subsurface discharge means discharge to
					 a seepage unit or an absorption field, i.e., a process designed to allow
					 filtered, treated sewage effluent to be discharged into the ground as a means
					 of ultimate disposal.
(105)
					 Subsurface sewage treatment system means any underground system used for
					 collecting, treating, and disposing of sewage into the ground including, but
					 not limited to, individual and intermediate sized sewage treatment systems, as
					 defined in these rules and regulations.
(106) Terminal reservoir means Kensico, West
					 Branch, New Croton, Ashokan and Rondout Reservoirs.
(107) Two-year, twenty-four hour storm means
					 the storm, with a 24-hour duration, that has a 50 percent chance of occurring
					 in any given year.
(108)
					 Twenty-five year storm means the storm that has a four percent chance of
					 occurring in any given year.
(109)
					 Ulster County Fill System means a subsurface sewage treatment system used in
					 Ulster County which has been approved by the New York State Department of
					 Health for use in Ulster County and which is built upon two feet of in situ
					 soil that has a percolation rate between 3 to 60 minutes/inch, and which uses
					 at least four feet of fill material, including at least three feet between the
					 bottom of the trench and the in situ soil, that has a percolation rate between
					 3 and 10 minutes/inch. Ulster County Fill System shall include the Ulster
					 County Fill System when used in a county other than Ulster if the New York
					 State Department of Health has approved the system for use in such other
					 county.
(110) Village means a
					 territory which has been incorporated as a village pursuant to article 2 of the
					 New York State Village Law.
(111)
					 Village extension means an area immediately adjoining a main road extending a
					 maximum distance of one quarter mile outside an existing village which has been
					 designated as a village extension by the town board of the town in which the
					 village is located in the west of Hudson watershed pursuant to a water supply
					 permit issued by the New York State Department of Environmental Conservation
					 for Project No. 0-9999-00051/00001.
(112) Wastewater treatment plant means any
					 facility which treats sewage or discharges treated effluent in the watershed,
					 and which requires a permit under title 7 or 8 of article 17 of the
					 Environmental Conservation Law, installed for the purpose of treating,
					 neutralizing, stabilizing or disposing of sewage by removal of contaminants
					 accomplished by unit operations or processes or by a combination of such
					 operations and processes, including any combination of the following:
					 preliminary treatment, flow equalization, primary settling, biological
					 treatment, chemical treatment, secondary settling, filtration, aeration,
					 disinfection, sludge processing, or any other processes as may be applicable to
					 a given design for a wastewater treatment plant. Wastewater treatment plants
					 shall not include intermediate sized sewage treatment systems as defined in
					 these rules and regulations.
(113)
					 Water supply means the New York City public water supply system, and includes
					 all watercourses, wetlands, reservoirs, reservoir stems and controlled lakes
					 tributary thereto.
(114)
					 Watercourse means a visible path through which surface water travels on a
					 regular basis, including an intermittent stream, which is tributary to the
					 water supply. A drainage ditch, swale or surface feature that contains water
					 only during and immediately after a rainstorm or a snowmelt shall not be
					 considered to be a watercourse.
(115) Watershed means the land area
					 contributing surface water to the New York City water supply.
(116) West of Hudson watershed means the
					 Ashokan, Cannonsville, Pepacton, Neversink, Rondout, and Schoharie Reservoirs
					 and their drainage basins.
(117)
					 Wetland means any area mapped as a wetland by the New York State Department of
					 Environmental Conservation pursuant to the Environmental Conservation Law,
					 which is at least 12.4 acres in size or has been designated as a wetland of
					 unusual local importance.
(118)
					 Winter highway maintenance materials means the solid compounds or the solutions
					 that are commonly used for traction on, or for the abatement of, winter road
					 ice, including, but not limited to, chloride compounds, mixtures of sand and
					 chloride compounds, sand and coal combustion bottom ash and ash from solid
					 waste incinerators that meet the requirements of section 360-3.5(h) of Title 6
					 NYCRR.