§ 27-1201 — Definitions

New York § 27-1201

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 12: Mitigation and Remediation of Certain Solid Waste Sites and Drinking Water Contamination
• Art. 27: Reduction, Collection, Reuse, Recycling, Treatment and Disposal of Solid Waste

Text

§ 27-1201. Definitions.\n When used in this title:\n 1. "Contaminant" means emerging contaminants pursuant to section\neleven hundred twelve of the public health law, and, for solid waste\nsites, shall include parameters identified in regulations required to be\ntested by landfills to ensure the protection of groundwater quality.\n 2. "Contamination" or "contaminated" means the presence of a\ncontaminant in any environmental media, including soil, surface water,\nor groundwater, sufficient to cause or substantially contribute to an\nexceedance of standards, criteria, and guidance values established by\nthe department or drinking water standards, including maximum\ncontaminant levels, notification levels, maximum residual disinfectant\nlevels or action levels established by the department of health.\n 3. "Drinking water contamination site" means any area or site that is\ncausing or substantially contributing to the contamination of one or\nmore public drinking water supplies.\n 4. "Mitigation" means the investigation, sampling, management, or\ntreatment of a solid waste site or drinking water contamination site\nrequired to ensure the availability of safe drinking water, including\npublic water systems and individual onsite water supply systems\nnecessary to meet standards, criteria, and guidance values established\nby the department or drinking water standards, including maximum\ncontaminant levels, notification levels, maximum residual disinfectant\nlevels, or action levels established by the department of health that\ncan be successfully carried out with available, implementable and\ncost-effective technology. "Mitigation" activities include but are not\nlimited to the installation of drinking water treatment systems, the\nprovision of alternative water supplies, or repair of a landfill cap.\n"Mitigation" does not mean remediation.\n 5. "Solid waste site" means a site where (a) the department has a\nreasonable basis to suspect that the illegal disposal of solid waste\noccurred or, (b) a court of competent jurisdiction has determined that\nan illegal disposal of solid waste occurred, or (c) the department knows\nor has a reasonable basis to suspect that an inactive solid waste\nmanagement facility which does not have a current monitoring program is\nimpacting or contaminating one or more drinking water supplies. Solid\nwaste site shall not include a site which is currently subject to\ninvestigation or remediation pursuant to title thirteen or fourteen of\nthis article or any site which completed such programs and was either\ndelisted by or received a certificate of completion from the department.\n 6. "Solid waste management facility" means any facility employed for\nsolid waste collection, processing and disposal including processing\nsystems, including resource recovery facilities or other facilities for\nreducing solid waste volume, sanitary landfills, regulated facilities\nfor the disposal of construction and demolition debris, regulated plants\nand facilities for compacting, composting or pyrolization of solid\nwastes, regulated mulch facilities, landspreading and soil amending\noperations, and incinerators.\n