Legislation
SECTION 27-2301
Definitions
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 27, TITLE 23
* § 27-2301. Definitions.
As used in this title:
1. "Container" shall mean any portable device in which a material is
stored, transported, treated, disposed of or otherwise handled.
2. "Contingency plan" means a document describing organized, planned
and technically coordinated and financially feasible courses of action
to be followed in case of emergency or other special conditions.
3. "Discharge" shall mean the accidental or intentional spilling,
leaking, pumping, pouring, emitting, emptying or dumping of any solid
waste, or solid waste constituent, including leachate, into or on any
air, land or water.
4. "End of life vehicle" shall mean any motor vehicle sold, given, or
otherwise disposed of as junk or salvage.
5. "Good condition" shall mean no severe rusting, apparent structural
defects or deteriorations and not leaking.
6. "Groundwater" shall mean water below the land surface in a
saturated zone of soil or rock. This includes perched water separated
from the main body of groundwater by an unsaturated zone.
7. "Leak-resistant" or "leak-proof" shall mean designed and maintained
to prevent the escape of contained liquids or other materials when
appropriately closed regardless of container orientation (i.e., upright,
tipped over).
8. "Mercury containing devices" shall mean any device or material into
which elemental mercury or mercury compounds are intentionally added
during the manufacture of such devices and which the continued presence
of mercury is required to provide a specific characteristic, appearance
or quality or to perform a specific function. Such items include but are
not limited to convenience lighting switches, antilock brake assemblies,
and high intensity discharge head lamps.
9. "Surface water" shall mean lakes, bays, sounds, ponds, impounding
reservoirs, perennial streams and springs, rivers, creeks, estuaries,
marshes, inlets, canals, the Atlantic ocean within the territorial
limits of New York state, and all other perennial bodies of surface
water, natural or artificial, inland or coastal, fresh or salt, public
or private, pursuant to article 15 of this chapter.
10. "Vector" shall mean a carrier that is capable of transmitting a
pathogen from one organism to another including, but not limited to,
flies and other insects, rodents, birds and vermin.
11. "Vehicle dismantler" shall mean any person or entity engaged in
the business of acquiring motor vehicles or trailers for the purpose of
dismantling the same for parts or reselling such vehicles as scrap, but
shall not include a person that receives no more than twenty-five end of
life vehicles per year and stores less than fifty end of life vehicles
on site at any one time.
* NB There are 2 § 27-2301's
As used in this title:
1. "Container" shall mean any portable device in which a material is
stored, transported, treated, disposed of or otherwise handled.
2. "Contingency plan" means a document describing organized, planned
and technically coordinated and financially feasible courses of action
to be followed in case of emergency or other special conditions.
3. "Discharge" shall mean the accidental or intentional spilling,
leaking, pumping, pouring, emitting, emptying or dumping of any solid
waste, or solid waste constituent, including leachate, into or on any
air, land or water.
4. "End of life vehicle" shall mean any motor vehicle sold, given, or
otherwise disposed of as junk or salvage.
5. "Good condition" shall mean no severe rusting, apparent structural
defects or deteriorations and not leaking.
6. "Groundwater" shall mean water below the land surface in a
saturated zone of soil or rock. This includes perched water separated
from the main body of groundwater by an unsaturated zone.
7. "Leak-resistant" or "leak-proof" shall mean designed and maintained
to prevent the escape of contained liquids or other materials when
appropriately closed regardless of container orientation (i.e., upright,
tipped over).
8. "Mercury containing devices" shall mean any device or material into
which elemental mercury or mercury compounds are intentionally added
during the manufacture of such devices and which the continued presence
of mercury is required to provide a specific characteristic, appearance
or quality or to perform a specific function. Such items include but are
not limited to convenience lighting switches, antilock brake assemblies,
and high intensity discharge head lamps.
9. "Surface water" shall mean lakes, bays, sounds, ponds, impounding
reservoirs, perennial streams and springs, rivers, creeks, estuaries,
marshes, inlets, canals, the Atlantic ocean within the territorial
limits of New York state, and all other perennial bodies of surface
water, natural or artificial, inland or coastal, fresh or salt, public
or private, pursuant to article 15 of this chapter.
10. "Vector" shall mean a carrier that is capable of transmitting a
pathogen from one organism to another including, but not limited to,
flies and other insects, rodents, birds and vermin.
11. "Vehicle dismantler" shall mean any person or entity engaged in
the business of acquiring motor vehicles or trailers for the purpose of
dismantling the same for parts or reselling such vehicles as scrap, but
shall not include a person that receives no more than twenty-five end of
life vehicles per year and stores less than fifty end of life vehicles
on site at any one time.
* NB There are 2 § 27-2301's