§ 27-0901 — Definitions

New York § 27-0901

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 9: Industrial Hazardous Waste Management
• Art. 27: Reduction, Collection, Reuse, Recycling, Treatment and Disposal of Solid Waste

Text

§ 27-0901. Definitions.\n When used in this title:\n 1. "Administrator" means the administrator of the federal\nenvironmental protection agency.\n 2. "Disposal" means the abandonment, discharge, deposit, injection,\ndumping, spilling, leaking or placing of any substance so that such\nsubstance or any related constituent thereof may enter the environment.\nDisposal also means the thermal destruction of waste or hazardous waste\nand the burning of such wastes as fuel for the purpose of recovering\nuseable energy.\n 3. "Hazardous waste" means a waste or combination of wastes, which\nbecause of its quantity, concentration, or physical, chemical or\ninfectious characteristics may:\n a. Cause, or significantly contribute to an increase in mortality or\nan increase in serious irreversible, or incapacitating reversible\nillness; or\n b. Pose a substantial present or potential hazard to human health or\nthe environment when improperly treated, stored, transported, disposed,\nor otherwise managed.\n 4. "Hazardous waste generation" means the act or process of producing\nhazardous waste.\n 5. "Hazardous waste management" means the systematic control of the\ncollection, source separation, storage, transportation, processing,\ntreatment, recovery, and disposal of hazardous wastes.\n 6. "Manifest" means the form used for identifying the quantity,\ncomposition, and the origin, routing, and destination of hazardous waste\nduring its transportation from the point of generation to the point of\ndisposal, treatment, or storage.\n 7. "Person" means an individual, trust, firm, joint stock company,\ncorporation (including a government corporation), partnership,\nassociation, state, federal government and any agency thereof,\nmunicipality, commission, political subdivision of a state, or any\ninterstate body.\n 8. "Storage" means the containment of hazardous waste, either on a\ntemporary basis or for a period of years, in such a manner as not to\nconstitute disposal of such hazardous waste.\n 9. "Transport" means the movement of hazardous waste from the point of\ngeneration to any intermediate points and finally to the point of\nultimate storage or disposal.\n 10. "Treatment" means any method, technique, or process, including\nneutralization, designed to change the physical, chemical or biological\ncharacter or composition of any hazardous waste so as to neutralize such\nwaste or as to render such waste nonhazardous, safer for transport,\namenable for recovery, amenable for storage, or reduced in volume.\n 11. "Waste" means any garbage, refuse, sludge from a waste treatment\nplant, water supply treatment plant, or air pollution control facility,\nand other discarded material, including solid, liquid, semisolid, or\ncontained gaseous material resulting from industrial, commercial, mining\nand agricultural operations and from community activities, but does not\ninclude solid or dissolved material in domestic sewage, or solid or\ndissolved materials in irrigation return flows or industrial discharges\nwhich are point sources subject to permits under section four hundred\ntwo of the federal Water Pollution Control Act, as amended (86 Stat.\n880), or source, special nuclear or by-product material as defined in\nthe Atomic Energy Act of 1954, as amended (68 Stat. 923) except as may\nbe provided by existing agreements between the state of New York and the\ngovernment of the United States.\n 12. "Landfill" means a disposal facility or part of a facility where\nsolid waste, including hazardous waste, is placed in or on land, and\nwhich is not a land treatment facility, a surface impoundment, or an\ninjection well.\n 13. "Resource recovery" means any method, technique, or process\nutilized to separate, process, modify, convert, treat or otherwise\nprepare hazardous waste so that the component materials or substances\nthereof may be beneficially used or reused as raw materials, exclusive\nof useable energy.\n * 14. "Commercial hazardous waste facilities" or "commercial\nfacilities" means a facility that receives from off-site any hazardous\nwaste from any person that is not part of the same trust, firm, joint\nstock company, corporation (including a government corporation),\npartnership, association, state, federal government and any agency\nthereof, municipality, commission, political subdivisions of a state, or\nany interstate body except when small quantities of hazardous wastes\nfrom public bodies are accepted on an emergency basis with the approval\nof the commissioner on a no-cost basis.\n * NB There are 2 sub 14's\n * 14. "Environment" means any water, water vapor, any land including\nland surface or subsurface, air, fish, wildlife, biota and all other\nnatural resources.\n * NB There are 2 sub 14's\n 15. "Secure landburial facility" means a land disposal facility\nmeeting the design and operation requirements promulgated by the\ndepartment pursuant to this title for the proper disposal of hazardous\nwastes so that such wastes are immobilized or otherwise prevented from\nrelease to the environment or rendered harmless or decomposed into\nharmless materials within the facility.\n