Legislation
SECTION 27-1101
Definitions
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 27, TITLE 11
§ 27-1101. Definitions.
As used in this title, unless the context otherwise requires:
1. "Person" means any individual, public or private corporation,
political subdivision, government agency, industry, partnership,
association, firm, trust, estate or any other legal entity whatsoever.
2. "Corporation" means the New York state environmental facilities
corporation.
3. "Board" means a facility siting board constituted pursuant to the
provisions of section 27-1105 of this title.
4. "Industrial hazardous waste" shall mean an industrial 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 serious
irreversible, or incapacitating reversible illness; and/or
b. Pose a substantial present or potential hazard to human health or
the environment and, therefore, must be segregated and excluded from the
general municipal waste system and sewage collection and treatment
process.
5. "Industrial hazardous waste treatment, storage and disposal
facility" shall mean a specialized facility or site other than a
low-level radioactive waste management facility subject to the
provisions of article twenty-nine of this chapter, or a sewage treatment
facility for the purpose of treating, storing, compacting, recycling,
exchanging, or disposing of industrial hazardous waste materials,
including treatment, compacting, resource recovery or disposal plants,
equipment and furnishings thereof used for the storage, treatment,
compacting, composting, shredding, coverting, utilization, processing,
or final disposal of hazardous waste, including but not limited to
mechanical, chemical or thermal processing systems, incinerators,
sanitary landfills, other facilities for the storage, reduction or
conversion of hazardous waste, including but not limited to transfer
stations, baling facilities, railroad and maritime facilities, motor
trucks or vehicles and appurtenances, furnishings, equipment and
machinery deemed necessary thereto.
6. "Municipality" means any town, city, county or village.
7. "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.
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. "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.
10. "Environment" means any water, water vapor, any land including
land surface or subsurface, air, fish, wildlife, biota and all other
natural resources.
11. "Preferred hazardous waste management practices hierarchy" shall
mean that policy established in section 27-0105 of this article.
As used in this title, unless the context otherwise requires:
1. "Person" means any individual, public or private corporation,
political subdivision, government agency, industry, partnership,
association, firm, trust, estate or any other legal entity whatsoever.
2. "Corporation" means the New York state environmental facilities
corporation.
3. "Board" means a facility siting board constituted pursuant to the
provisions of section 27-1105 of this title.
4. "Industrial hazardous waste" shall mean an industrial 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 serious
irreversible, or incapacitating reversible illness; and/or
b. Pose a substantial present or potential hazard to human health or
the environment and, therefore, must be segregated and excluded from the
general municipal waste system and sewage collection and treatment
process.
5. "Industrial hazardous waste treatment, storage and disposal
facility" shall mean a specialized facility or site other than a
low-level radioactive waste management facility subject to the
provisions of article twenty-nine of this chapter, or a sewage treatment
facility for the purpose of treating, storing, compacting, recycling,
exchanging, or disposing of industrial hazardous waste materials,
including treatment, compacting, resource recovery or disposal plants,
equipment and furnishings thereof used for the storage, treatment,
compacting, composting, shredding, coverting, utilization, processing,
or final disposal of hazardous waste, including but not limited to
mechanical, chemical or thermal processing systems, incinerators,
sanitary landfills, other facilities for the storage, reduction or
conversion of hazardous waste, including but not limited to transfer
stations, baling facilities, railroad and maritime facilities, motor
trucks or vehicles and appurtenances, furnishings, equipment and
machinery deemed necessary thereto.
6. "Municipality" means any town, city, county or village.
7. "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.
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. "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.
10. "Environment" means any water, water vapor, any land including
land surface or subsurface, air, fish, wildlife, biota and all other
natural resources.
11. "Preferred hazardous waste management practices hierarchy" shall
mean that policy established in section 27-0105 of this article.