§ 40-0105. Definitions.

1. "Abandoned storage facility" means a storage facility which is no
longer being maintained in accordance with this article or the
regulations promulgated thereunder.

2. "Authorization" means the possession, where required, of a valid
license, permit or certificate issued by an agency of the state of New
York or the federal government or an order issued by the commissioner or
the administrator of the federal environmental protection agency under
applicable statutes, rules or regulations regarding the possession or
release of hazardous substances or otherwise engaging in conduct which
is exempt under applicable statutes, rules or regulations from the
requirements of possessing such a license, permit, certificate or order.

3. "Environment" means any water, water vapor, any land including land
surface or subsurface, air, fish, wildlife, biota and all other natural
resources.

4. "Hazardous substance" means any substance listed as a substance
hazardous to the public health, safety or the environment in regulations
promulgated pursuant to article thirty-seven of this chapter; provided
however, that the term "hazardous substance" shall not include petroleum
as defined in section 17-1003 of this chapter.

5. "Modified storage facility" means a storage facility at which there
has occurred substantial reconditioning or repair of an existing tank or
storage vessel or associated pipes, lines or fixtures or replacement of
a substantial portion of the storage facility.

6. "Operator" means any person who leases, operates, controls or
supervises a facility.

7. "Owner" means any person who has legal title to a facility.

8. "Person" or "persons" means any individual, public or private
corporation, political subdivision, government agency, municipality,
co-partnership, association, firm, consortium, joint venture, interstate
body, trust, estate or any other legal entity whatsoever.

9. "Release" means any unauthorized pumping, pouring, spilling,
leaking, emitting, discharging, escaping, emptying, leaching or
disposing, directly or indirectly, of a hazardous substance so that the
substance or any related constituent thereof, or any degradation product
of such a substance or of a related constituent thereof, may enter the
environment.

10. "Storage facility" or "facility" means a single property or
contiguous or adjacent properties used for a common purpose which are
owned or operated by the same person on or in which are located one or
more tanks which are used for the storage or containment of hazardous
substances.

11. "Tank" means a device or holding vessel designed to contain an
accumulation of a hazardous substance which is constructed of
non-earthen materials that provide structural support. The term "tank"
includes all associated pipes, lines, fixtures, and other ancillary
equipment.

Such term shall not include:

a. non-stationary tanks, barrels, drums, containers or other holding
vessels stored at a facility for a period of less than ninety days, or
where individual capacity of such non-stationary tanks, barrels, drums,
containers, or other holding vessels at a facility is less than one
thousand kilograms (2,200 lbs.);

b. flow-through process tanks or other equipment wherein physical,
chemical or biological changes take place as part of a process;

c. septic tanks, stormwater or wastewater collection systems;

d. capacitors or transformers containing polychlorinated biphenyls;

e. above ground tanks on an operating farm used solely to store or
contain hazardous substances which will be used for agricultural
purposes on such farm; or

f. tanks which have been permanently closed in accordance with
regulations promulgated pursuant to section 40-0113 of this chapter.