§ 17-0105. Definitions applicable to portions of this article.

When used in titles 1 to 11, inclusive, and titles 14 and 19 of this
article:

1. "Person" or "persons" means any individual, public or private
corporation, political subdivision, government agency, municipality,
industry, co-partnership, association, firm, trust, estate or any other
legal entity whatsoever.

2. "Waters" or "waters of the state" shall be construed to include
lakes, bays, sounds, ponds, impounding reservoirs, springs, wells,
rivers, streams, creeks, estuaries, marshes, inlets, canals, the
Atlantic ocean within the territorial limits of the state of New York
and all other bodies of surface or underground water, natural or
artificial, inland or coastal, fresh or salt, public or private (except
those private waters which do not combine or effect a junction with
natural surface or underground waters), which are wholly or partially
within or bordering the state or within its jurisdiction.

3. "Marine district" shall include the waters of the Atlantic ocean
within three nautical miles from the coast line and all other tidal
waters within the state, except the Hudson river northerly of the south
end of Manhattan Island.

4. "Sewage" means the water-carried human or animal wastes from
residences, buildings, industrial establishments or other places,
together with such ground water infiltration and surface water as may be
present. The admixture with sewage as above defined of industrial wastes
or other wastes as hereafter defined, shall also be considered "sewage"
within the meaning of this article.

5. "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 pollution of the waters of the state in
contravention of the standards adopted as provided herein.

6. "Other wastes" means garbage, refuse, decayed wood, sawdust,
shavings, bark, sand, lime, cinders, ashes, offal, oil, tar, dyestuffs,
acids, chemicals, ballast and all other discarded matter not sewage or
industrial waste which may cause or might reasonably be expected to
cause pollution of the waters of the state in contravention of the
standards adopted as provided herein.

7. "Standard" or "Standards" means such measure of purity or quality
for any waters in relation to their reasonable and necessary use as may
be established by the department pursuant to section 17-0301.

8. "Sewer system" or "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.

9. "Treatment works" means any plant, disposal field, lagoon, pumping
station, constructed drainage ditch or surface water intercepting ditch,
incinerator, area devoted to sanitary land fills, or other works not
specifically mentioned herein, installed for the purpose of treating,
neutralizing, stabilizing or disposing of sewage, industrial waste or
other wastes.

10. "Disposal system" means a system for disposing of sewage,
industrial waste or other wastes, and including sewer systems and
treatment works.

11. "Outlet" means the terminus of a sewer system, or the point of
emergence of any water-borne sewage, industrial waste or other wastes or
the effluent therefrom, into the waters of the state.

12. "Shellfish" includes oysters, scallops, claims, mussels and other
aquatic mollusks, and lobsters, shrimp, crawfish, crabs and other
aquatic crustaceans.

13. "State Pollutant Discharge Elimination System" or "SPDES" means
the system established pursuant hereto for issuance of permits
authorizing discharges to the waters of the state.

14. "National Pollutant Discharge Elimination System" or "NPDES" means
the national system for the issuance of permits under the Federal Water
Pollution Control Act.

15. "Effluent standard and/or limitation" means any restriction on
quantities, quality, rates and concentrations of chemical, physical,
biological, and other constituents of effluents which are discharged
into or allowed to run from an outlet or point source into waters of the
state promulgated by the federal government.

16. "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,
concentrated animal feeding operation, vessel or other floating craft,
or landfill leachate collection system from which pollutants are or may
be discharged. This term does not include agricultural stormwater
discharges and return flows from irrigated agriculture.

17. "Pollutant" means dredged spoil, solid waste, incinerator residue,
sewage, garbage, sewage sludge, munitions, chemical wastes, biological
materials, radioactive materials, heat, wrecked or discarded equipment,
rock, sand and industrial, municipal, and agricultural waste discharged
into water; and ballast which may cause or might reasonably be expected
to cause pollution of the waters of the state in contravention of the
standards adopted as provided herein.

18. "Schedule of compliance" means a schedule of remedial measures
including an enforceable sequence of actions or operations leading to
compliance with an effluent limitation, other limitation, prohibition,
or standard.

19. "Toxic pollutant" means those pollutants, or combination of
pollutants, including disease-causing agents which after discharge and
upon exposure, ingestion, inhalation or assimilation into any organism,
either directly from the environment or indirectly through food chains,
will, on the basis of information available to the department, cause
death, disease, behavorial abnormalities, cancer, genetic mutations,
physiological malfunctions, including malfunctions in reproduction, or
physical deformations, in such organisms or their offspring.

20. "New source" means any source, the construction of which is
commenced after the publication of a standard or performance applicable
to such source under the provisions of the Act, provided such standard
is thereafter promulgated and adopted.

21. "Standard of performance" means a standard for the control of the
discharge of pollutants which reflects the greatest degree of effluent
reduction which the federal government determines to be achievable
through application of the best available demonstrated control
technology, processes, operating methods, or other alternatives,
including, where practicable, a standard permitting no discharge of
pollutants.

22. "Toxic and pretreatment effluent standard" means standards adopted
by the federal government pursuant to section 307 of the Act.

23. "Tanker" means any watercraft of more than three hundred gross
tons and having a fully loaded draft of seven feet or more used to carry
any liquid cargo, including petroleum, oil or water.