N.Y. Comp. Codes R. & Regs. tit. 6 § 601.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 601.2 - Definitions

(a) Agricultural purpose means the practice of farming for crops, plants, vines and trees, and the keeping, grazing, or feeding of livestock for sale of livestock or livestock products, and the on-farm processing of crops, livestock and livestock products.

(b) Commissioner means the Commissioner of the New York State Department of Environmental Conservation.

(c) Compact basin commission means an interstate commission or similar body having jurisdiction with respect to the regulation of water resources within its basin in the State, created by interstate compact or Federal-interstate compact, including but not limited to, the Susquehanna River Basin Commission and the Delaware River Basin Commission.

(d) Department means the New York State Department of Environmental Conservation.

(e) Department of Health means the New York State Department of Health.

(f) Environmental Conservation Law or ECL means the New York State Environmental Conservation Law.

(g) Environmentally sound and economically feasible water conservation measures means those measures, methods, technologies or practices for efficient water use and for reduction of water loss and waste or for reducing a withdrawal, consumptive use or diversion that:

(1) are environmentally sound;

(2) reflect best practices applicable to the water use sector;

(3) are technically feasible and available;

(4) are economically feasible and cost effective based on an analysis that considers direct and avoided economic and environmental costs; and

(5) consider the particular facilities and processes involved, taking into account the environmental impact, age of equipment and facilities involved, the processes employed, energy impacts and other appropriate factors.

(h) Facility means any or all of the physical components of a water withdrawal system. See works for a related definition.

(i) Interbasin diversion means the transfer of water or wastewater from one New York major drainage basin to any other drainage basin.

(j) New York major drainage basin means one of the following 17 watersheds, each of which is identified herein by various United States Geological Survey eight-digit Hydrologic Unit Codes, as referenced in subpart 601.24: Allegheny River (05010001, 05010002 and 05010004); Atlantic Ocean - Long Island Sound Watershed (01100006, 02030102, 02030104, 02030201, 02030202 and 02030203); Black River Watershed (04150101); Chemung River Watershed (02050104 and 02050105); Delaware River Watershed (02040101, 02040102 and 02040104); Genesee River Watershed (04130002 and 04130003); Housatonic River Watershed (01100005); Lake Champlain Watershed (04150401, 04150404, 04150406, 04150408 and 04150409); Lake Erie - Niagara River Watershed (04120101, 04120102, 04120103 and 04120104); Lake Ontario and Minor Tributaries Watershed (04130001, 04140101, 04140102 and 04150102); Lower Hudson River Watershed (02020006, 02020007, 02020008 and 02030101); Mohawk River Watershed (02020004 and 02020005); Seneca-Oneida-Oswego River Watershed (04140201, 04140202 and 04140203); Passaic-Newark (Ramapo River) Watershed (02030103); St. Lawrence River Watershed (04150301, 04150302, 04150303, 04150304, 04150305, 04150306, 04150307 and 04150308); Susquehanna River Watershed (02050101, 02050102 and 02050103); Upper Hudson River Watershed (02020001, 02020002 and 02020003).

(k) Person means any individual, public or private corporation, political subdivision, government agency, Department or bureau of the State, municipality, industry, co-partnership, association, firm, trust, estate or any other legal entity whatsoever.

(l) Potable water means water intended for human consumption that meets the requirements for a public water system as set forth in the State sanitary code.

(m) Public water supply system means a permanently installed water withdrawal system, facilities used in connection with such system, and its source, which together provide piped potable water to the public for potable purposes, if such system has at least five service connections used by year-round residents. A public water supply system may also provide water for other residential purposes and commercial, industrial or other institutional purposes.

(n) State means the State of New York.

(o) State Pollutant Discharge Elimination System or SPDES means the system established pursuant to article 17 of the ECL and Part 750 of 6 NYCRR for the issuance of permits authorizing discharges to the waters of the State.

(p) Threshold volume means the withdrawal of water of a volume of 100,000 gallons or more per day, determined by the limiting maximum capacity of the water withdrawal system; except that for withdrawals for agricultural purposes the threshold volume shall mean the withdrawal of water of a volume in excess of an average of 100,000 gallons per day in any consecutive 30-day period; and except that for public water supply systems that have an existing capacity of under 100,000 gallons per day but are required by the Department of Health to add redundant wells, threshold volume shall mean the existing capacity of the system, excluding the redundant wells, so long as the withdrawal of water continues to remain below 100,000 gallons per day.

(q) USGS means the United States Geological Survey.

(r) Vessel shall mean any floating craft which is propelled in whole or in part by mechanical power and is used or operated on the navigable waters of the State.

(s) Water service area means the area within the incorporated boundaries of a city or village or within the boundaries of a duly formed water district, district extension or water improvement area, or the boundaries of an area expressly approved for public water supply by the department or a predecessor commission.

(t) Water withdrawal system means any facility, works, equipment or infrastructure operated or maintained for the provision or withdrawal of water including, but not limited to, collection, pumping, treatment, transportation, transmission, storage, and distribution facilities and works.

(u) Withdrawal or withdrawal of water means the removal or extraction of water for any purpose from the waters of the State.

(v) Works means any or all of the physical components of a water withdrawal system, including but not limited to intake structures, pumping stations, storage tanks, wells, treatment plants, and supply and distribution piping arrangements. (Works generally refers to the more active components of a water withdrawal system, while facility is more commonly used for more passive components.)

N.Y. Comp. Codes R. & Regs. Tit. 6 § 601.2