NY Env Conserv L § 71-2702 (2021)
2021 New York Laws ENV - Environmental Conservation Article 71 - Enforcement Title 27 - Enforcement of Article 27 and Article 71 71-2702 - Definitions.

§ 71-2702. Definitions.   As  used  in  section  27-0914  of  this  chapter, and this title, the following terms shall have the following meanings:   1. "Hazardous wastes" means:  (a) Those wastes  identified  or  listed  in  regulations  promulgated pursuant to section 27-0903 of this chapter and all amendments thereto;  (b) Acute hazardous wastes and;  (c)  Waste oils, including but not limited to, used engine lubricating oil, fuel oil, motor oil, gear oil,  cutting  oil,  transmission  fluid, hydraulic fluid, dielectric fluid, oil storage tank residue, animal oil, and  vegetable oil, which have been contaminated by physical or chemical impurities, through use or accident,  and  have  not  been  subsequently rerefined, and which fail one or more of the characteristic tests listed in  regulations  promulgated pursuant to section 27-0903 of this chapter and all amendments thereto or which  contain  any  waste  identified  or listed  in  regulations  promulgated pursuant to section 27-0903 of this chapter and all amendments thereto.   2. "Acute hazardous wastes" means those wastes identified or listed as "acute hazardous wastes" in regulations promulgated pursuant to  section 27-0903 of this chapter and all amendments thereto.   3.  "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 or acutely hazardous wastes or substances hazardous or  acutely  hazardous  to  public  health, safety or the environment 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.   4. "Site of generation" means  premises  where  hazardous  wastes  are produced,  used,  or  stored  pursuant  to authorization or registration under the federal solid waste disposal act or under article twenty-seven of this chapter, and all contiguous property  owned  or  leased  by  the owner  or  lessor  of said premises, including contiguous property which may be otherwise divided by a public or private  right-of-way,  provided the  entrance  and  exit  between  the  properties  is  at  a crossroads intersection, and access is by crossing as opposed to  going  along  the right-of-way,  and  non-contiguous property owned or leased by the owner or lessor of said premises, but connected by  a  right-of-way  which  he controls and to which the public does not have access.   5.  "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.  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.   6. "Primary water supply" means a body  of  surface  water,  fresh  or saline  or  water  in a saturated zone or stratum beneath the surface of land or water, best usage of which includes  being  used  for  drinking, culinary  or  food  processing, including potable mineral waters, and so classified in regulations promulgated pursuant  to  section  15-0313  or 17-0301 of this chapter, as amended.   7.  "Water"  includes  lakes,  bays, ponds, rivers, streams, and other waters as further defined in subdivision two of section 17-0105 of  this chapter.   8. "Pound" means an avoirdupois pound.    9.  "Gallon"  means  a  unit  of  liquid capacity equal to two hundred thirty-one cubic inches or four quarts.   10.  "Substance hazardous to public health, safety or the environment" means any substance which:  (a) is identified or  listed  as  a  hazardous  waste  in  regulations promulgated  pursuant  to  section  27-0903  of  this  chapter  and  all amendments thereto, regardless of whether at the  time  of  release  the substance was actually a waste; or  (b)  appears  on  the  list  in  regulations  promulgated  pursuant to paragraph (a) of subdivision one of section 37-0103 of this chapter  and all amendments thereto.   11.  "Substance  acutely  hazardous  to  public  health, safety or the environment" means any substance which:  (a) is listed as an acute hazardous waste in  regulations  promulgated pursuant  to section 27-0903 of this chapter and all amendments thereto, regardless of whether at the time of release the substance was  actually a waste; or  (b)  appears  on  the  list  in  regulations  promulgated  pursuant to paragraph (b) of subdivision one of section 37-0103 of this chapter  and all amendments thereto.   12.  "Environment"  means  any  water, water vapor, any land including land surface or subsurface, air, fish, wildlife, biota,  and  all  other natural resources.   13.  "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.   14. "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.   15.   For  the  purposes  of  section  27-3101  of  this  chapter  and subdivision five of section 71-2712, subdivisions seven, eight and  nine of  section  71-2713  and  subdivision  three of section 71-2714 of this title:  (a) "construction and demolition debris" shall  mean  waste  resulting from  construction,  remodeling,  repair  and  demolition of structures, buildings and roads, including but not limited  to  excavated  material. Construction  and demolition debris shall not include, even if generated from  construction,  remodeling,  repair  and   demolition   activities, municipal  solid  waste  and such other materials that may be listed for exclusion from this definition pursuant to  regulations  promulgated  by the department.  (b)  "excavated  material"  means  excess  soil,  rock, fill, or other material excavated during construction or maintenance activities. "Fill" shall include soil or  other  granular,  compactible  material  that  is authorized   for   use   pursuant  to  regulations  promulgated  by  the department.