New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 375 - ENVIRONMENTAL REMEDIATION PROGRAMS › Subpart 375-2 - Inactive Hazardous Waste Disposal Site Remedial Program › Section 375-2.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Subpart, the following terms have the
						following meanings:
(a) Change of use
					 means the erection of any structure on a site, the paving of a site for use as a
					 roadway or parking lot, the creation of a park or other recreational facility on
					 a site, any activity that is likely to disrupt or expose contamination or
					 increase direct human or environmental exposure, or any other conduct that will
					 or may tend to prevent or significantly interfere with a proposed, ongoing, or
					 completed remedial program.
(b)
					 Contaminant means hazardous waste as defined in section
					 375-1.2(w) 
					 of this Part, excluding petroleum as defined in section
					 375-1.2(ah) 
					 of this Part.
(c) Contaminated or
					 contamination means the presence of a contaminant, as defined in subdivision (b)
					 of this section, in any environmental media, including soil, surface water,
					 sediment, groundwater, soil vapor, ambient air or indoor air.
(d) Disposal means the abandonment, discharge,
					 deposit, injection, dumping, spilling, leaking or placing of contaminants so that
					 such contaminant, or any related constituent thereof, may enter the environment.
					 Disposal also means the thermal destruction of a contaminant and the burning of a
					 contaminant as fuel for the purpose of recovering usable energy.
(e) Environmental damage means any injury to
					 the environment, any impairment of its use by flora or fauna and any adverse
					 public health impact.
(f) Feasibility
					 study means a study undertaken to develop and evaluate alternatives for
					 remediation, emphasizing data analysis. The remedial investigation data are used
					 to define the objectives of the site remedial program, to develop remedial action
					 alternatives, and to undertake an initial screening and detailed analysis of the
					 alternatives. The term also refers to a report that describes the results of the
					 study.
(g) Municipality means a city,
					 county, town, village, public benefit corporation or school district or an
					 improvement district within a city, county, town, or village, or Indian tribe
					 residing within the State, or any combination thereof.
(h) 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.
(i)
					 Responsible party means any of the following, subject to the defenses,
					 exemptions, and/or limitations set forth at ECL 27-1323:
(1) any person who currently owns or operates a
					 site or any portion thereof;
(2) any
					 person who owned or operated a site or any portion thereof at the time of
					 disposal of the contaminant;
(3) any
					 person who generated any contaminants disposed at a site;
(4) any person who transported any contaminants
					 to a site selected by such person;
(5) any person who disposed of any contaminants
					 at a site;
(6) Any person who
					 arranged for:
(i) the transportation of any
					 contaminants to a site; or
(ii) the
					 disposal of any contaminants at a site; and
(7) any other person who is responsible
					 according to the applicable principles of statutory or common-law liability
					 pursuant to ECL 27-1313(4) and/or CERCLA.