§ 27-1301. Definitions.\n When used in this title:\n 1. "Hazardous waste" means a waste which appears on the list or\nsatisfies the characteristics promulgated by the commissioner pursuant\nto section 27-0903 of this article and any substance which appears on\nthe list promulgated pursuant to section 37-0103 of this chapter;\nprovided, however, that the term "hazardous waste" does not include:\n a. Natural gas, natural gas liquids, liquefied natural gas, synthetic\ngas usable for fuel, or mixtures of natural gas and such synthetic gas;\nnor\n b. The residue of emissions from the engine exhaust of a motor\nvehicle, rolling stock, aircraft, vessel, or pipeline pumping station\nengine; nor\n c. Source, byproduct, or special nuclear material from a nuclear\nincident, as those terms are de
Free access — add to your briefcase to read the full text and ask questions with AI
§ 27-1301. Definitions.\n When used in this title:\n 1. "Hazardous waste" means a waste which appears on the list or\nsatisfies the characteristics promulgated by the commissioner pursuant\nto section 27-0903 of this article and any substance which appears on\nthe list promulgated pursuant to section 37-0103 of this chapter;\nprovided, however, that the term "hazardous waste" does not include:\n a. Natural gas, natural gas liquids, liquefied natural gas, synthetic\ngas usable for fuel, or mixtures of natural gas and such synthetic gas;\nnor\n b. The residue of emissions from the engine exhaust of a motor\nvehicle, rolling stock, aircraft, vessel, or pipeline pumping station\nengine; nor\n c. Source, byproduct, or special nuclear material from a nuclear\nincident, as those terms are defined in the atomic energy act of 1954,\nif such release is subject to requirements with respect to financial\nprotection established under section 170 of such act (42 U.S.C. 2210)\nor, for the purpose of section 104 of the comprehensive environmental\nresponse, compensation and liability act of 1980 (42 U.S.C. 9604), or\nany other response action, any source, byproduct, or special nuclear\nmaterial from any processing site designated under section 102(a)(1) or\n302(a) of the Uranium Mill Tailings Radiation Control Act of 1978 (42\nU.S.C. 7912(a)(1) or 7942(a)); nor\n d. Petroleum as defined in section one hundred seventy-two of the\nnavigation law, even if appearing on the list promulgated pursuant to\nsection 37-0103 of this chapter.\n 2. "Inactive hazardous waste disposal site" means any area or\nstructure used for the long term storage or final placement of hazardous\nwaste including, but not limited to, dumps, landfills, lagoons and\nartificial treatment ponds, as to which area or structure no permit or\nauthorization issued by the department or a federal agency for the\ndisposal of hazardous waste was in effect after the effective date of\nthis title and any inactive area or structure on the National Priorities\nList established under the authority of 42 U.S.C.A. Section 9605.\n 3. "Inactive hazardous waste disposal site remedial program" means\nactivities undertaken to eliminate, remove, abate, control or monitor\nhealth and/or environmental hazards or potential hazards in connection\nwith inactive hazardous waste disposal sites or to treat or dispose of\nwastes and waste contaminated materials from such sites including, but\nnot limited to, grading, contouring, trenching, grouting, capping,\nexcavation, transporting, incineration, chemical treatment, biological\ntreatment or construction of leachate collection and treatment\nfacilities.\n 4. "Person" means an individual, trust, firm, joint stock company,\nlimited liability company, corporation, joint venture, partnership,\nassociation, state, municipality, commission, political subdivision of a\nstate, public benefit corporation or any interstate body. Provided,\nhowever for purposes of this title, person shall not include a person as\ndefined in section 27-1323 of this title.\n 5. "Waste" means any garbage, refuse, sludge from a waste treatment\nplant, water supply treatment plant, or air pollution control facility,\nand other discarded material, whether or not such material may\neventually be used for some other purpose, including solid, liquid,\nsemisolid, or contained gaseous material resulting from industrial,\ncommercial, mining and agricultural operations or from community\nactivities, and source, special nuclear or by-product material as\ndefined in the Atomic Energy Act of 1954, as amended, except as may be\nprovided by existing agreements between the state of New York and the\ngovernment of the United States, but does not include solid or dissolved\nmaterial in domestic sewage, or solid or dissolved materials in\nirrigation return flows or industrial discharges which are point sources\nsubject to permits under article seventeen of this chapter.\n 6. "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 7. "Environment" means any water, water vapor, any land including land\nsurface or subsurface, air, fish, wildlife, biota and all other natural\nresources.\n 8. "Natural resource damages" means the amount of money sought as\ncompensation for injury to, destruction of, or loss of natural\nresources, including the reasonable costs of assessing such injury,\ndestruction, or loss resulting from the disposal of hazardous waste at\nan inactive hazardous waste disposal site. Damages may also include the\nvalue of the natural resource services lost for the time period from the\ndisposal until the attainment of such restoration, rehabilitation,\nreplacement, and/or acquisition of equivalent natural resources.\n 9. "Natural resources" means land, fish, wildlife, biota, air, water,\nand other such resources belonging to, managed by, held in trust by,\nappertaining to, or otherwise controlled by the state or a municipality.\n 10. "Response costs" means the state's costs of developing,\nimplementing, and/or overseeing an inactive hazardous waste disposal\nsite remedial program.\n 11. "Responsible person" or "person responsible" for the disposal of\nhazardous waste at a site means:\n (a) any person who currently owns or operates a site or any portion\nthereof except for a volunteer, as defined in subdivision one of section\n27-1405 of this article, that is participating under a brownfield\ncleanup agreement pursuant to section 27-1407 of this article, that is\nin full compliance with the requirements of this chapter with respect\nthereto, and is not engaging with the department in bad faith with\nrespect to any provisions of this title;\n (b) any person who owned or operated a site or any portion thereof at\nthe time of disposal of the hazardous waste;\n (c) any person who generated any hazardous waste disposed at a site;\n (d) any person who transported any hazardous waste to a site selected\nby such person;\n (e) any person who disposed of any hazardous waste at a site;\n (f) any person who arranged for:\n (i) the transportation of any hazardous waste to a site; or\n (ii) the disposal of any hazardous waste at a site; and\n (g) any other person who is responsible according to the applicable\nprinciples of statutory or common law liability pursuant to subdivision\nfour of section 27-1313 of this title and/or the Comprehensive\nEnvironmental Response, Compensation, and Liability Act ("CERCLA"), 42\nU.S.C. § 9601 et seq.\n 12. "Disadvantaged community" shall have the same meaning as\nsubdivision five of section 75-0101 of this chapter.\n