New York Consolidated Laws, Environmental Conservation Law - ENV § 17-1003. Definitions

1. “Facility” means a single property or contiguous or adjacent properties used for a common purpose which are owned or operated by the same person on or in which are located:

2. “Substantially modified facility” means the reconditioning or replacement of an existing tank or installation of a new tank at a facility.

3. “Operator” means any person who leases, operates, controls or supervises a facility.

4. “Owner” means any person who has legal or equitable title to a facility.

5. “Petroleum” means:

6. “Electronic monitoring system” means an electronic leak detection system, approved by the department, containing a warning system capable of operating on a continuous basis to detect petroleum prior to its reaching ground or surface waters.

7. “Tank” means a stationary device designed to store petroleum, which is constructed of non-earthen materials that provide structural support.  The term “tank” includes all associated pipes, lines, fixtures and other ancillary equipment.  The term “tank” does not include septic tank;  surface impoundment, pit, pond or lagoon;  storm-water or wastewater collection system;  flow-through process tank;  or liquid trap or associated gathering lines directly related to oil or gas production and gathering operations.

8. “Spill” or “leak” means any escape of petroleum from the ordinary containers employed in the normal course of storage, transfer, processing or use.