Legislation
SECTION 71-4401
Definitions
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 71, TITLE 44
§ 71-4401. Definitions.
As used in this title, the following terms shall have the following
meanings:
1. "Regulated medical waste" means regulated medical waste as defined
in title 15 of article 27 of this chapter.
2. "Pound" means an avoirdupois pound.
3. "Gallon" means a unit of liquid capacity equal to two hundred
thirty-one cubic inches or four quarts.
4. "Environment" means any water, water vapor, any land including land
surface or subsurface, air, fish, wildlife, biota, and all other natural
resources.
5. "Release" means any pumping, pouring, emitting, emptying, or
leaching, directly or indirectly, of a 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, or the disposal of any substance.
6. "Disposal" means the discharge, deposit, injection, dumping,
spilling, leaking or placing of any substance so that such substance or
any related constituent thereof may enter the environment, or the
abandonment of any substance.
7. "Abandonment" means the intentional relinquishment or forsaking of
all possession or control of any substance. In any prosecution under
this title, it is an affirmative defense to an allegation of abandonment
that the defendant surrendered possession or control of such substance
to another party who knowingly and voluntarily consented to assume such
possession or control.
8. "Intentionally, knowingly, recklessly and criminal negligence"
shall have the same meanings as defined in section 15.05 of the penal
law.
9. "Criminal transaction" shall have the same meaning as defined in
section 40.10 of the criminal procedure law.
As used in this title, the following terms shall have the following
meanings:
1. "Regulated medical waste" means regulated medical waste as defined
in title 15 of article 27 of this chapter.
2. "Pound" means an avoirdupois pound.
3. "Gallon" means a unit of liquid capacity equal to two hundred
thirty-one cubic inches or four quarts.
4. "Environment" means any water, water vapor, any land including land
surface or subsurface, air, fish, wildlife, biota, and all other natural
resources.
5. "Release" means any pumping, pouring, emitting, emptying, or
leaching, directly or indirectly, of a 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, or the disposal of any substance.
6. "Disposal" means the discharge, deposit, injection, dumping,
spilling, leaking or placing of any substance so that such substance or
any related constituent thereof may enter the environment, or the
abandonment of any substance.
7. "Abandonment" means the intentional relinquishment or forsaking of
all possession or control of any substance. In any prosecution under
this title, it is an affirmative defense to an allegation of abandonment
that the defendant surrendered possession or control of such substance
to another party who knowingly and voluntarily consented to assume such
possession or control.
8. "Intentionally, knowingly, recklessly and criminal negligence"
shall have the same meanings as defined in section 15.05 of the penal
law.
9. "Criminal transaction" shall have the same meaning as defined in
section 40.10 of the criminal procedure law.