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This entry was published on 2014-09-22
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SECTION 15-1502
Definitions
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 15, TITLE 15
§ 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.