NY Env Conserv L § 27-1301 (2021)
2021 New York Laws ENV - Environmental Conservation Article 27 - Collection, Treatment and Disposal of Refuse and Other Solid Waste Title 13 - Inactive Hazardous Waste Disposal Sites 27-1301 - Definitions.

§ 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;   norb.  The  residue  of  emissions  from  the  engine  exhaust of a motor   vehicle, rolling stock, aircraft, vessel, or  pipeline  pumping  station   engine; norc.  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)); nord. 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  the    government 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.