New York Codes, Rules and Regulations
Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Chapter X - DIVISION OF WATER RESOURCES
Subchapter A - GENERAL
Article 1 - MISCELLANEOUS RULES
Part 658 - Hearing Procedures-water Pollution Control
Section 658.2 - Definitions
Current through Register Vol. 46, No. 39, September 25, 2024
Whenever used in this Part, unless otherwise expressly stated, or unless the context or subject matter requires a different meaning, the following terms shall have the respective meanings hereinafter set forth or indicated:
(a) Act. The term "act" means the provisions of article 12 of the Public Health Law and any legislation supplementary thereto and amendatory thereof.
(b) Commissioner. The term "commissioner" means the Commissioner of Environmental Conservation of the State of New York.
(c) Department. The term "department" means the Department of Environmental Conservation of the State of New York.
(d) Hearing. The term "hearing" means that part of the proceeding which involves the submission of evidence including notices, stipulations and consents.
(e) Hearing officer. The term "hearing officer" means the person duly designated by the commissioner as his representative for the purpose of conducting a hearing pursuant to article 12 of the Public Health Law, and includes the plural of such term.
(f) Party. The term "party" includes the State Department of Environmental Conservation and all persons designated as petitioner or respondent in any proceeding under article 12 of the Public Health Law.
(g) Person. The term "person" 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.
(h) Petitioner. The term "petitioner" means any person not previously heard in connection with the making of a final determination and order by the commissioner and who within 20 days after service upon him of a copy of a notice, order or determination of the commissioner, elects to submit and file a petition with the department under and pursuant to the provisions of section 1243 of the Public Health Law.
(i) Pollution. The term "pollution" means any pollution or discharge subject to abatement under and pursuant to the provisions of article 12 of the Public Health Law.
(j) Respondent. The term "respondent" means a party proceeded against under and pursuant to the provisions of article 12 of the Public Health Law, and includes the plural of such term.
(k) Waters or waters of the State. The term "waters" or "waters of the State" means 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.
(l) Water Resources Commission. The term "Water Resources Commission" means the Water Resources Commission created by section 410 of the Conservation Law.
