§ 40-0105 — Definitions

§ 40-0105. Definitions.\n 1. "Abandoned storage facility" means a storage facility which is no\nlonger being maintained in accordance with this article or the\nregulations promulgated thereunder.\n 2. "Authorization" means the possession, where required, of a valid\nlicense, permit or certificate issued by an agency of the state of New\nYork or the federal government or an order issued by the commissioner or\nthe administrator of the federal environmental protection agency under\napplicable statutes, rules or regulations regarding the possession or\nrelease of hazardous substances or otherwise engaging in conduct which\nis exempt under applicable statutes, rules or regulations from the\nrequirements of possessing such a license, permit, certificate or order.\n 3. "Environment" means any water, water vapor, any land including land\nsurface or subsurface, air, fish, wildlife, biota and all other natural\nresources.\n 4. "Hazardous substance" means any substance listed as a substance\nhazardous to the public health, safety or the environment in regulations\npromulgated pursuant to article thirty-seven of this chapter; provided\nhowever, that the term "hazardous substance" shall not include petroleum\nas defined in section 17-1003 of this chapter.\n 5. "Modified storage facility" means a storage facility at which there\nhas occurred substantial reconditioning or repair of an existing tank or\nstorage vessel or associated pipes, lines or fixtures or replacement of\na substantial portion of the storage facility.\n 6. "Operator" means any person who leases, operates, controls or\nsupervises a facility.\n 7. "Owner" means any person who has legal title to a facility.\n 8. "Person" or "persons" means any individual, public or private\ncorporation, political subdivision, government agency, municipality,\nco-partnership, association, firm, consortium, joint venture, interstate\nbody, trust, estate or any other legal entity whatsoever.\n 9. "Release" means any unauthorized pumping, pouring, spilling,\nleaking, emitting, discharging, escaping, emptying, leaching or\ndisposing, directly or indirectly, of a hazardous substance so that the\nsubstance or any related constituent thereof, or any degradation product\nof such a substance or of a related constituent thereof, may enter the\nenvironment.\n 10. "Storage facility" or "facility" means a single property or\ncontiguous or adjacent properties used for a common purpose which are\nowned or operated by the same person on or in which are located one or\nmore tanks which are used for the storage or containment of hazardous\nsubstances.\n 11. "Tank" means a device or holding vessel designed to contain an\naccumulation of a hazardous substance which is constructed of\nnon-earthen materials that provide structural support. The term "tank"\nincludes all associated pipes, lines, fixtures, and other ancillary\nequipment.\n Such term shall not include:\n a. non-stationary tanks, barrels, drums, containers or other holding\nvessels stored at a facility for a period of less than ninety days, or\nwhere individual capacity of such non-stationary tanks, barrels, drums,\ncontainers, or other holding vessels at a facility is less than one\nthousand kilograms (2,200 lbs.);\n b. flow-through process tanks or other equipment wherein physical,\nchemical or biological changes take place as part of a process;\n c. septic tanks, stormwater or wastewater collection systems;\n d. capacitors or transformers containing polychlorinated biphenyls;\n e. above ground tanks on an operating farm used solely to store or\ncontain hazardous substances which will be used for agricultural\npurposes on such farm; or\n f. tanks which have been permanently closed in accordance with\nregulations promulgated pursuant to section 40-0113 of this chapter.\n