State Codes and Statutes

Statutes > New-york > Env > Article-27 > Title-13 > 27-1301

§ 27-1301. Definitions.    When used in this title:    1.  "Hazardous  waste"  means  a  waste  which  appears on the list or  satisfies the characteristics promulgated by the  commissioner  pursuant  to  section  27-0903  of this article and any substance which appears on  the list promulgated  pursuant  to  section  37-0103  of  this  chapter;  provided, however, that the term "hazardous waste" does not include:    a.  Natural gas, natural gas liquids, liquefied natural gas, synthetic  gas usable for fuel, or mixtures of natural gas and such synthetic  gas;  nor    b.  The  residue  of  emissions  from  the  engine  exhaust of a motor  vehicle, rolling stock, aircraft, vessel, or  pipeline  pumping  station  engine; nor    c.  Source,  byproduct,  or  special  nuclear  material from a nuclear  incident, as those terms are defined in the atomic energy act  of  1954,  if  such  release  is  subject to requirements with respect to financial  protection established under section 170 of such act  (42  U.S.C.  2210)  or,  for  the  purpose of section 104 of the comprehensive environmental  response, compensation and liability act of 1980 (42  U.S.C.  9604),  or  any  other  response  action,  any source, byproduct, or special nuclear  material from any processing site designated under section 102(a)(1)  or  302(a)  of  the  Uranium Mill Tailings Radiation Control Act of 1978 (42  U.S.C. 7912(a)(1) or 7942(a)); nor    d. Petroleum as defined in section  one  hundred  seventy-two  of  the  navigation  law,  even  if appearing on the list promulgated pursuant to  section 37-0103 of this chapter.    2.  "Inactive  hazardous  waste  disposal  site"  means  any  area  or  structure used for the long term storage or final placement of hazardous  waste  including,  but  not  limited  to,  dumps, landfills, lagoons and  artificial treatment ponds, as to which area or structure no  permit  or  authorization  issued  by  the  department  or  a federal agency for the  disposal of hazardous waste was in effect after the  effective  date  of  this title and any inactive area or structure on the National Priorities  List established under the authority of 42 U.S.C.A. Section 9605.    3.  "Inactive  hazardous  waste  disposal site remedial program" means  activities undertaken to eliminate, remove, abate,  control  or  monitor  health  and/or  environmental hazards or potential hazards in connection  with inactive hazardous waste disposal sites or to treat or  dispose  of  wastes  and  waste contaminated materials from such sites including, but  not limited  to,  grading,  contouring,  trenching,  grouting,  capping,  excavation,  transporting,  incineration, chemical treatment, biological  treatment  or  construction  of  leachate   collection   and   treatment  facilities.    4.  "Person"  means  an  individual, trust, firm, joint stock company,  limited liability  company,  corporation,  joint  venture,  partnership,  association, state, municipality, commission, political subdivision of a  state,  public  benefit  corporation  or  any interstate body. Provided,  however for purposes of this title, person shall not include a person as  defined in section 27-1323 of this title.    5. "Waste" means any garbage, refuse, sludge from  a  waste  treatment  plant,  water supply treatment plant, or air pollution control facility,  and  other  discarded  material,  whether  or  not  such  material   may  eventually  be  used  for  some  other purpose, including solid, liquid,  semisolid, or contained  gaseous  material  resulting  from  industrial,  commercial,   mining  and  agricultural  operations  or  from  community  activities, and  source,  special  nuclear  or  by-product  material  as  defined  in  the Atomic Energy Act of 1954, as amended, except as may be  provided by existing agreements between the state of New  York  and  thegovernment of the United States, 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 article seventeen of this chapter.    6.  "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.    7. "Environment" means any water, water vapor, any land including land  surface or subsurface, air, fish, wildlife, biota and all other  natural  resources.

State Codes and Statutes

Statutes > New-york > Env > Article-27 > Title-13 > 27-1301

§ 27-1301. Definitions.    When used in this title:    1.  "Hazardous  waste"  means  a  waste  which  appears on the list or  satisfies the characteristics promulgated by the  commissioner  pursuant  to  section  27-0903  of this article and any substance which appears on  the list promulgated  pursuant  to  section  37-0103  of  this  chapter;  provided, however, that the term "hazardous waste" does not include:    a.  Natural gas, natural gas liquids, liquefied natural gas, synthetic  gas usable for fuel, or mixtures of natural gas and such synthetic  gas;  nor    b.  The  residue  of  emissions  from  the  engine  exhaust of a motor  vehicle, rolling stock, aircraft, vessel, or  pipeline  pumping  station  engine; nor    c.  Source,  byproduct,  or  special  nuclear  material from a nuclear  incident, as those terms are defined in the atomic energy act  of  1954,  if  such  release  is  subject to requirements with respect to financial  protection established under section 170 of such act  (42  U.S.C.  2210)  or,  for  the  purpose of section 104 of the comprehensive environmental  response, compensation and liability act of 1980 (42  U.S.C.  9604),  or  any  other  response  action,  any source, byproduct, or special nuclear  material from any processing site designated under section 102(a)(1)  or  302(a)  of  the  Uranium Mill Tailings Radiation Control Act of 1978 (42  U.S.C. 7912(a)(1) or 7942(a)); nor    d. Petroleum as defined in section  one  hundred  seventy-two  of  the  navigation  law,  even  if appearing on the list promulgated pursuant to  section 37-0103 of this chapter.    2.  "Inactive  hazardous  waste  disposal  site"  means  any  area  or  structure used for the long term storage or final placement of hazardous  waste  including,  but  not  limited  to,  dumps, landfills, lagoons and  artificial treatment ponds, as to which area or structure no  permit  or  authorization  issued  by  the  department  or  a federal agency for the  disposal of hazardous waste was in effect after the  effective  date  of  this title and any inactive area or structure on the National Priorities  List established under the authority of 42 U.S.C.A. Section 9605.    3.  "Inactive  hazardous  waste  disposal site remedial program" means  activities undertaken to eliminate, remove, abate,  control  or  monitor  health  and/or  environmental hazards or potential hazards in connection  with inactive hazardous waste disposal sites or to treat or  dispose  of  wastes  and  waste contaminated materials from such sites including, but  not limited  to,  grading,  contouring,  trenching,  grouting,  capping,  excavation,  transporting,  incineration, chemical treatment, biological  treatment  or  construction  of  leachate   collection   and   treatment  facilities.    4.  "Person"  means  an  individual, trust, firm, joint stock company,  limited liability  company,  corporation,  joint  venture,  partnership,  association, state, municipality, commission, political subdivision of a  state,  public  benefit  corporation  or  any interstate body. Provided,  however for purposes of this title, person shall not include a person as  defined in section 27-1323 of this title.    5. "Waste" means any garbage, refuse, sludge from  a  waste  treatment  plant,  water supply treatment plant, or air pollution control facility,  and  other  discarded  material,  whether  or  not  such  material   may  eventually  be  used  for  some  other purpose, including solid, liquid,  semisolid, or contained  gaseous  material  resulting  from  industrial,  commercial,   mining  and  agricultural  operations  or  from  community  activities, and  source,  special  nuclear  or  by-product  material  as  defined  in  the Atomic Energy Act of 1954, as amended, except as may be  provided by existing agreements between the state of New  York  and  thegovernment of the United States, 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 article seventeen of this chapter.    6.  "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.    7. "Environment" means any water, water vapor, any land including land  surface or subsurface, air, fish, wildlife, biota and all other  natural  resources.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Env > Article-27 > Title-13 > 27-1301

§ 27-1301. Definitions.    When used in this title:    1.  "Hazardous  waste"  means  a  waste  which  appears on the list or  satisfies the characteristics promulgated by the  commissioner  pursuant  to  section  27-0903  of this article and any substance which appears on  the list promulgated  pursuant  to  section  37-0103  of  this  chapter;  provided, however, that the term "hazardous waste" does not include:    a.  Natural gas, natural gas liquids, liquefied natural gas, synthetic  gas usable for fuel, or mixtures of natural gas and such synthetic  gas;  nor    b.  The  residue  of  emissions  from  the  engine  exhaust of a motor  vehicle, rolling stock, aircraft, vessel, or  pipeline  pumping  station  engine; nor    c.  Source,  byproduct,  or  special  nuclear  material from a nuclear  incident, as those terms are defined in the atomic energy act  of  1954,  if  such  release  is  subject to requirements with respect to financial  protection established under section 170 of such act  (42  U.S.C.  2210)  or,  for  the  purpose of section 104 of the comprehensive environmental  response, compensation and liability act of 1980 (42  U.S.C.  9604),  or  any  other  response  action,  any source, byproduct, or special nuclear  material from any processing site designated under section 102(a)(1)  or  302(a)  of  the  Uranium Mill Tailings Radiation Control Act of 1978 (42  U.S.C. 7912(a)(1) or 7942(a)); nor    d. Petroleum as defined in section  one  hundred  seventy-two  of  the  navigation  law,  even  if appearing on the list promulgated pursuant to  section 37-0103 of this chapter.    2.  "Inactive  hazardous  waste  disposal  site"  means  any  area  or  structure used for the long term storage or final placement of hazardous  waste  including,  but  not  limited  to,  dumps, landfills, lagoons and  artificial treatment ponds, as to which area or structure no  permit  or  authorization  issued  by  the  department  or  a federal agency for the  disposal of hazardous waste was in effect after the  effective  date  of  this title and any inactive area or structure on the National Priorities  List established under the authority of 42 U.S.C.A. Section 9605.    3.  "Inactive  hazardous  waste  disposal site remedial program" means  activities undertaken to eliminate, remove, abate,  control  or  monitor  health  and/or  environmental hazards or potential hazards in connection  with inactive hazardous waste disposal sites or to treat or  dispose  of  wastes  and  waste contaminated materials from such sites including, but  not limited  to,  grading,  contouring,  trenching,  grouting,  capping,  excavation,  transporting,  incineration, chemical treatment, biological  treatment  or  construction  of  leachate   collection   and   treatment  facilities.    4.  "Person"  means  an  individual, trust, firm, joint stock company,  limited liability  company,  corporation,  joint  venture,  partnership,  association, state, municipality, commission, political subdivision of a  state,  public  benefit  corporation  or  any interstate body. Provided,  however for purposes of this title, person shall not include a person as  defined in section 27-1323 of this title.    5. "Waste" means any garbage, refuse, sludge from  a  waste  treatment  plant,  water supply treatment plant, or air pollution control facility,  and  other  discarded  material,  whether  or  not  such  material   may  eventually  be  used  for  some  other purpose, including solid, liquid,  semisolid, or contained  gaseous  material  resulting  from  industrial,  commercial,   mining  and  agricultural  operations  or  from  community  activities, and  source,  special  nuclear  or  by-product  material  as  defined  in  the Atomic Energy Act of 1954, as amended, except as may be  provided by existing agreements between the state of New  York  and  thegovernment of the United States, 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 article seventeen of this chapter.    6.  "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.    7. "Environment" means any water, water vapor, any land including land  surface or subsurface, air, fish, wildlife, biota and all other  natural  resources.