N.Y. Environmental Conservation Law § 15-1502: Definitions

§ 15-1502. Definitions.

When used in this title, unless otherwise expressly stated or unless

the context or subject matter otherwise requires:

1. "Coastal communities" shall mean those areas on Long Island where

the Magothy aquifer is either absent or contaminated with chlorides.

2. "Lloyd Sands" shall mean that geological strata generally known to

be the deepest and oldest water-bearing layer of the Long Island aquifer

system and shall not include bedrock.

3. "Water well" shall mean any groundwater excavation for the purpose

of obtaining water.

4. "Water well drilling" or "water well drilling activities" shall

mean the construction and reconstruction of water wells, the

establishment or repair of a connection through the well casing and the

repair of water wells including repairs which require the opening of the

well casing.

5. "Water well driller" shall mean a person who, for compensation or

as part of property development and sale, engages in water well drilling

activities; provided, however, that, for the purposes of this

subdivision, the term "person" shall not include a public corporation,

political subdivision, government agency, department, or bureau of the

state or a municipality.

6. "Enforcement officer" shall mean any person authorized to enforce

the provisions of this title or the building code in the municipality in

which the water well drilling activities are taking place.

7. "Agricultural purpose" shall mean 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.

8. "Compact basin commission" shall mean an interstate commission

having jurisdiction with respect to the regulation of water resources

within a 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.

9. "Environmentally sound and economically feasible water conservation

measures" shall mean 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: (i) are

environmentally sound; (ii) reflect best practices applicable to the

water use sector; (iii) are technically feasible and available; (iv) are

economically feasible and cost effective based on an analysis that

considers direct and avoided economic and environmental costs; and (v)

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.

10. "Interbasin diversion" shall mean the transfer of water or

wastewater from one New York major drainage basin to another drainage

basin.

11. "Person" shall mean 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.

12. "Potable water" shall mean water intended for human consumption

that meets the requirements for a public water system as set forth in

the state sanitary code.

13. "Public water supply system" shall mean a permanently installed

water withdrawal system including its source, collection, pumping,

treatment, transmission, storage and distribution facilities used in

connection with such system, which provides piped potable water to the

public for potable purposes, if such system has at least five service

connections used by year-round residents.

14. "Threshold volume" shall mean the withdrawal of water of a volume

of one hundred thousand gallons or more per day, determined by the

limiting maximum capacity of the water withdrawal, treatment, or

conveyance system; provided that for agricultural purposes the threshold

volume shall mean a withdrawal of water of a volume in excess of an

average of one hundred thousand gallons per day in any consecutive

thirty-day period.

15. "Water withdrawal system" shall mean any 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.

16. "Withdrawal" or "withdrawal of water" shall mean the removal or

taking of water for any purpose from the waters of the state.