Legislation
SECTION 27-0901
Definitions
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 27, TITLE 9
§ 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.
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.