N.Y. Envtl. Conserv. Law § 27-0901

Current through 2024 NY Law Chapter 457

Section 27-0901 - Definitions

When used in this title:

1. "Administrator" means the administrator of the federal environmental protection agency.

2. "Disposal" means the abandonment, discharge, deposit, injection, dumping, spilling, leaking or placing of any substance so that such substance or any related constituent thereof may enter the environment. Disposal also means the thermal destruction of waste or hazardous waste and the burning of such wastes as fuel for the purpose of recovering useable energy.

3. "Hazardous waste" means a waste or combination of wastes, which because of its quantity, concentration, or physical, chemical or infectious characteristics may:

a. Cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or

b.Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed, or otherwise managed.

4. "Hazardous waste generation" means the act or process of producing hazardous waste.

5. "Hazardous waste management" means the systematic control of the collection, source separation, storage, transportation, processing, treatment, recovery, and disposal of hazardous wastes.

6. "Manifest" means the form used for identifying the quantity, composition, and the origin, routing, and destination of hazardous waste during its transportation from the point of generation to the point of disposal, treatment, or storage.

7. "Person" means an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, federal government and any agency thereof, municipality, commission, political subdivision of a state, or any interstate body.

8. "Storage" means the containment of hazardous waste, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of such hazardous waste.

9. "Transport" means the movement of hazardous waste from the point of generation to any intermediate points and finally to the point of ultimate storage or disposal.

10. "Treatment" means any method, technique, or process, including neutralization, designed to change the physical, chemical or biological character or composition of any hazardous waste so as to neutralize such waste or as to render such waste nonhazardous, safer for transport, amenable for recovery, amenable for storage, or reduced in volume.

11. "Waste" means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility, and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining and agricultural operations and from community activities, but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under section four hundred two of the federal Water Pollution Control Act, as amended (86 Stat. 880), or source, special nuclear or by-product material as defined in the Atomic Energy Act of 1954, as amended (68 Stat. 923) except as may be provided by existing agreements between the state of New York and the government of the United States.

12. "Landfill" means a disposal facility or part of a facility where solid waste, including hazardous waste, is placed in or on land, and which is not a land treatment facility, a surface impoundment, or an injection well.

13. "Resource recovery" means any method, technique, or process utilized to separate, process, modify, convert, treat or otherwise prepare hazardous waste so that the component materials or substances thereof may be beneficially used or reused as raw materials, exclusive of useable energy.

14.[Multiple versions] "Commercial hazardous waste facilities" or "commercial facilities" means a facility that receives from off-site any hazardous waste from any person that is not part of the same trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, federal government and any agency thereof, municipality, commission, political subdivisions of a state, or any interstate body except when small quantities of hazardous wastes from public bodies are accepted on an emergency basis with the approval of the commissioner on a no-cost basis.

14.[Multiple versions] "Environment" means any water, water vapor, any land including land surface or subsurface, air, fish, wildlife, biota and all other natural resources.

15. "Secure landburial facility" means a land disposal facility meeting the design and operation requirements promulgated by the department pursuant to this title for the proper disposal of hazardous wastes so that such wastes are immobilized or otherwise prevented from release to the environment or rendered harmless or decomposed into harmless materials within the facility.

N.Y. Envtl. Conserv. Law § 27-0901