For purposes of this article, the following definitions shall apply:
AQUIFERA consolidated or unconsolidated geological formation, group of formations or part of a formation capable of yielding a significant or economically useful amount of groundwater to wells, springs or infiltration galleries.
BANKFULL DISCHARGEThe water level or stage at which a stream, river or lake is at the top of its banks and any further rise would result in water moving into the floodplain.
CHLORIDE SALTAny bulk quantities of chloride compounds and other deicing compounds intended for application to roads, including mixes of sand and chloride compounds in any proportion where the chloride compounds constitute over 8% of the mixture. A bulk quantity of chloride compounds means a quantity of 1,000 pounds or more but does not include chloride compounds in a solid form, including granules, which are packaged in waterproof bags or containers which do not exceed 100 pounds each.
DISCHARGEThe emission of any water, substance or material into a wetland, watercourse or their buffers, whether or not such substance causes pollution.
FERTILIZERAny commercially produced mixture generally containing phosphorous, nitrogen and potassium which is applied to the ground to increase nutrients to plants.
GROUNDWATERWater contained in interconnected pores and fractures in the saturated zone in an aquifer.
HAZARDOUS SUBSTANCEAny substance, including any petroleum by-product, which may cause harm to humans or the environment when improperly managed. A complete list of all hazardous substances except for petroleum by-products can be found in 6 NYCRR Part
597.2(b) Tables 1 and 2 and amendments thereto.
HAZARDOUS WASTESee 6 NYCRR Part
371 and amendments thereto for the identification and listing of hazardous wastes.
HERBICIDEAny substance or mixture of substances intended to prevent, destroy, repel, or mitigate any weed, including those substances defines as herbicides pursuant to
Environmental Conservation Law § 33-0101, and amendments thereto.
LOW-IMPACT DEVELOPMENT (LID)Refers to systems and practices that use or mimic natural processes that result in the infiltration, evapotranspiration or the use of stormwater in order to protect water quality and associated aquatic habitat.
MININGAny operation which involves the breaking of the earth's surface for the purpose of extracting and removing raw natural materials (such as topsoil) from the premises for the purpose of sale or off- premises use.
MUNICIPAL WATER SUPPLYAquifers and watersheds within the Indian Brook-Croton Gorge Watershed that serve as water sources for municipal water systems.
MUNICIPAL WATER SYSTEMA water system which provides piped water to the public for human consumption as defined and regulated by
10 NYCRR Subpart 5-1.
NONPOINT DISCHARGEPollution from any source other than from any discernible, confined, and discrete conveyances and shall include, but not be limited to, pollutants from agricultural, silvicultural; mining, construction, subsurface disposal and urban runoff sources.
OVERLAY MAPThe overlay map showing the boundaries of the Indian Brook-Croton Gorge Watershed Protection Overlay District.
PESTAny insect, rodent, fungus or weed; or any other form of terrestrial or aquatic plant or animal life or virus, bacteria or other microorganism (except viruses, bacteria or other microorganisms on or in living man or other living animals) which the Commissioner of Environmental Conservation declares to be a pest as provided in
Environmental Conservation Law § 33-0101.
PESTICIDEAny substance or mixture of substances invented to prevent, destroy, repel or mitigate any pest, including any substances defined as pesticides pursuant to
Environmental Conservation Law § 33-0101 and amendments thereto.
PETROLEUMOil 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 waste, crude oil, gasoline, and kerosene, as defined in 6 NYCRR Part
597.1(7) and amendments thereto.
POLLUTANTAny material or byproduct determined or suspected to be hazardous to human health or the environment as defined in
Environmental Conservation Law § 17-0105. Pollutants may include, but are not limited to, dredged spoil, filter backwash, solid waste, incinerator residue, treated or untreated sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, hazardous materials, heat, wrecked or discarded equipment, rock, sand and industrial, municipal, agricultural waste and ballast discharged into water which may cause or might reasonably be expected to cause pollution of the waters of the state in contravention of the standards. Also, paints, varnishes, and solvents; oil and other automotive fluids; hazardous or nonhazardous liquid and solid wastes, yard wastes, including branches, grass clippings and leaves; refuse, rubbish, garbage, litter, or other discarded or abandoned objects and accumulations so that same may cause or contribute to pollution; and discharges of soaps, detergents, or floatables; pesticides, herbicides, and fertilizers; sewage, fecal coliforms and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building, structure or site improvements; cement, gravel, sand, silt, mud, other soils, and noxious or offensive matter of any kind.
SOLID WASTEIncludes all manner of useless or unwanted or discharged solid or semisolid nontoxic, domestic, commercial, industrial, institutional, construction and demolition waste materials, except hazardous, toxic, chemical, human or rendering wastes.
STEEP SLOPESWithin the Watershed Protection Overlay District, a steep slope is defined as any slope greater than 15%.
STORMWATER HOTSPOTSA land use or activity that generates higher concentration of hydrocarbons, trace metals, or toxicants than are found in typical stormwater runoff, based on monitoring studies. For purposes of the overlay district, the following land uses, and activities are deemed stormwater hotspots:
A. Vehicle salvage yards and recycling facilities.
B. Vehicle fueling stations.
C. Vehicle service and maintenance facilities.
D. Vehicle and equipment cleaning facilities.
E. Fleet storage areas (bus, truck, etc.).
G. Marinas (service and maintenance).
H. Outdoor liquid container storage.
I. Outdoor loading/unloading facilities.
J. Public works storage areas.
K. Facilities that generate or store hazardous materials.
L. Commercial container nursery.
M. Other land uses and activities as designated by an appropriate review authority.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)A plan for controlling stormwater runoff and pollutants from a site during and after construction activities as regulated in Chapter
227, Stormwater Management and Erosion and Sediment Control.
SURFACE WATERS OF THE STATE OF NEW YORKLakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial seas of the State of New York and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters that 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. Storm sewers and waste treatment systems, including treatment ponds or lagoons which also meet the criteria of this definition, are not waters of the state. This exclusion applies only to man-made bodies of water which neither were originally created in waters of the state (such as a disposal area in wetlands) nor resulted from impoundment of waters of the state.
WASTEWATERWater that is not stormwater, is contaminated with pollutants and is or will be discarded.
WASTEWATER TREATMENT SYSTEMAny treatment plant, sewer, disposal field, lagoon, pumping station, septic system, collection and distribution pipes, on-site disposal systems and seepage units, constructed drainage ditch or surface water intercepting ditch, or other system not specifically mentioned in this definition, installed for the purpose of transport, treatment, neutralization, stabilization, storage, or disposal of wastewater.
WATER BODIESAny natural or artificial pond, lake, reservoir or other area which ordinarily or intermittently contains water and which has a discernible shoreline, but not including a watercourse as defined in this chapter or man-made water features or swimming pools not associated with a wetland or watercourse.
WATER SUPPLYThe groundwater resources of the watershed, or the groundwater resources used for a particular well or community water system in the watershed.
WATERCOURSEA body of water flowing in a defined bed or channel, with banks and sides, having permanent sources of supply, uniform or interrupted.
WATERSHEDThe land area which contributes water, including surface runoff and groundwater flow to a specific stream or surface water body.
WATERSHED PROTECTION OVERLAY DISTRICTIndian Brook-Croton Gorge Inter-Municipal Watershed Protection Overlay District. The watershed for specific municipal water supplies, as designated on the official Watershed Protection Overlay District Map and described in §
270-72 of this article.
WELLAny present or future artificial excavation used as a source of public or private water supply which derives water from the interstices of the rocks or soils which it penetrates, including bored wells, drilled wells, driven wells, infiltration galleries, and trenches with perforated piping, but excluding ditches or tunnels, used to convey groundwater to the surface.
WELLHEAD BUFFERAn area surrounding a municipal water system well, designated as critical for protecting the well, created by a 200-foot radius around each protected well.
WETLAND BUFFER AREASThe area extending 100 feet along the surface, away from and around the perimeter of the outermost boundary of a wetland or waterbody and 50 feet from the outermost boundary of a watercourse.