N.Y. Environmental Conservation Law § 27-0901: Definitions

§ 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. "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.

* NB There are 2 sub 14's

* 14. "Environment" means any water, water vapor, any land including

land surface or subsurface, air, fish, wildlife, biota and all other

natural resources.

* NB There are 2 sub 14's

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.