N.Y. Environmental Conservation Law § 27-1201: Definitions

§ 27-1201. Definitions.

When used in this title:

1. "Contaminant" means emerging contaminants pursuant to section

eleven hundred twelve of the public health law, and, for solid waste

sites, shall include parameters identified in regulations required to be

tested by landfills to ensure the protection of groundwater quality.

2. "Contamination" or "contaminated" means the presence of a

contaminant in any environmental media, including soil, surface water,

or groundwater, sufficient to cause or substantially contribute to an

exceedance of standards, criteria, and guidance values established by

the department or drinking water standards, including maximum

contaminant levels, notification levels, maximum residual disinfectant

levels or action levels established by the department of health.

3. "Drinking water contamination site" means any area or site that is

causing or substantially contributing to the contamination of one or

more public drinking water supplies.

4. "Mitigation" means the investigation, sampling, management, or

treatment of a solid waste site or drinking water contamination site

required to ensure the availability of safe drinking water, including

public water systems and individual onsite water supply systems

necessary to meet standards, criteria, and guidance values established

by the department or drinking water standards, including maximum

contaminant levels, notification levels, maximum residual disinfectant

levels, or action levels established by the department of health that

can be successfully carried out with available, implementable and

cost-effective technology. "Mitigation" activities include but are not

limited to the installation of drinking water treatment systems, the

provision of alternative water supplies, or repair of a landfill cap.

"Mitigation" does not mean remediation.

5. "Solid waste site" means a site where (a) the department has a

reasonable basis to suspect that the illegal disposal of solid waste

occurred or, (b) a court of competent jurisdiction has determined that

an illegal disposal of solid waste occurred, or (c) the department knows

or has a reasonable basis to suspect that an inactive solid waste

management facility which does not have a current monitoring program is

impacting or contaminating one or more drinking water supplies. Solid

waste site shall not include a site which is currently subject to

investigation or remediation pursuant to title thirteen or fourteen of

this article or any site which completed such programs and was either

delisted by or received a certificate of completion from the department.

6. "Solid waste management facility" means any facility employed for

solid waste collection, processing and disposal including processing

systems, including resource recovery facilities or other facilities for

reducing solid waste volume, sanitary landfills, regulated facilities

for the disposal of construction and demolition debris, regulated plants

and facilities for compacting, composting or pyrolization of solid

wastes, regulated mulch facilities, landspreading and soil amending

operations, and incinerators.