§ 71-2702 — Definitions

§ 71-2702. Definitions.\n As used in section 27-0914 of this chapter, and this title, the\nfollowing terms shall have the following meanings:\n 1. "Hazardous wastes" means:\n (a) Those wastes identified or listed in regulations promulgated\npursuant to section 27-0903 of this chapter and all amendments thereto;\n (b) Acute hazardous wastes and;\n (c) Waste oils, including but not limited to, used engine lubricating\noil, fuel oil, motor oil, gear oil, cutting oil, transmission fluid,\nhydraulic fluid, dielectric fluid, oil storage tank residue, animal oil,\nand vegetable oil, which have been contaminated by physical or chemical\nimpurities, through use or accident, and have not been subsequently\nrerefined, and which fail one or more of the characteristic tests listed\nin regulations promulgated pursuant to section 27-0903 of this chapter\nand all amendments thereto or which contain any waste identified or\nlisted in regulations promulgated pursuant to section 27-0903 of this\nchapter and all amendments thereto.\n 2. "Acute hazardous wastes" means those wastes identified or listed as\n"acute hazardous wastes" in regulations promulgated pursuant to section\n27-0903 of this chapter and all amendments thereto.\n 3. "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 or acutely hazardous wastes or substances hazardous\nor acutely hazardous to public health, safety or the environment or\notherwise engaging in conduct which is exempt under applicable statutes,\nrules or regulations from the requirements of possessing such a license,\npermit, certificate or order.\n 4. "Site of generation" means premises where hazardous wastes are\nproduced, used, or stored pursuant to authorization or registration\nunder the federal solid waste disposal act or under article twenty-seven\nof this chapter, and all contiguous property owned or leased by the\nowner or lessor of said premises, including contiguous property which\nmay be otherwise divided by a public or private right-of-way, provided\nthe entrance and exit between the properties is at a crossroads\nintersection, and access is by crossing as opposed to going along the\nright-of-way, and non-contiguous property owned or leased by the owner\nor lessor of said premises, but connected by a right-of-way which he\ncontrols and to which the public does not have access.\n 5. "Disposal" means the discharge, deposit, injection, dumping,\nspilling, leaking or placing of any substance so that such substance or\nany related constituent thereof may enter the environment, or the\nabandonment of any substance. Disposal also means the thermal\ndestruction of waste or hazardous waste and the burning of such wastes\nas fuel for the purpose of recovering useable energy.\n 6. "Primary water supply" means a body of surface water, fresh or\nsaline or water in a saturated zone or stratum beneath the surface of\nland or water, best usage of which includes being used for drinking,\nculinary or food processing, including potable mineral waters, and so\nclassified in regulations promulgated pursuant to section 15-0313 or\n17-0301 of this chapter, as amended.\n 7. "Water" includes lakes, bays, ponds, rivers, streams, and other\nwaters as further defined in subdivision two of section 17-0105 of this\nchapter.\n 8. "Pound" means an avoirdupois pound.\n 9. "Gallon" means a unit of liquid capacity equal to two hundred\nthirty-one cubic inches or four quarts.\n 10. "Substance hazardous to public health, safety or the environment"\nmeans any substance which:\n (a) is identified or listed as a hazardous waste in regulations\npromulgated pursuant to section 27-0903 of this chapter and all\namendments thereto, regardless of whether at the time of release the\nsubstance was actually a waste; or\n (b) appears on the list in regulations promulgated pursuant to\nparagraph (a) of subdivision one of section 37-0103 of this chapter and\nall amendments thereto.\n 11. "Substance acutely hazardous to public health, safety or the\nenvironment" means any substance which:\n (a) is listed as an acute hazardous waste in regulations promulgated\npursuant to section 27-0903 of this chapter and all amendments thereto,\nregardless of whether at the time of release the substance was actually\na waste; or\n (b) appears on the list in regulations promulgated pursuant to\nparagraph (b) of subdivision one of section 37-0103 of this chapter and\nall amendments thereto.\n 12. "Environment" means any water, water vapor, any land including\nland surface or subsurface, air, fish, wildlife, biota, and all other\nnatural resources.\n 13. "Release" means any pumping, pouring, emitting, emptying, or\nleaching, directly or indirectly, of a substance so that the substance\nor any related constituent thereof, or any degradation product of such a\nsubstance or of a related constituent thereof, may enter the\nenvironment, or the disposal of any substance.\n 14. "Abandonment" means the intentional relinquishment or forsaking of\nall possession or control of any substance. In any prosecution under\nthis title, it is an affirmative defense to an allegation of abandonment\nthat the defendant surrendered possession or control of such substance\nto another party who knowingly and voluntarily consented to assume such\npossession or control.\n 15. For the purposes of section 27-3101 of this chapter and\nsubdivision five of section 71-2712, subdivisions seven, eight and nine\nof section 71-2713 and subdivision three of section 71-2714 of this\ntitle:\n (a) "construction and demolition debris" shall mean waste resulting\nfrom construction, remodeling, repair and demolition of structures,\nbuildings and roads, including but not limited to excavated material.\nConstruction and demolition debris shall not include, even if generated\nfrom construction, remodeling, repair and demolition activities,\nmunicipal solid waste and such other materials that may be listed for\nexclusion from this definition pursuant to regulations promulgated by\nthe department.\n (b) "excavated material" means excess soil, rock, fill, or other\nmaterial excavated during construction or maintenance activities. "Fill"\nshall include soil or other granular, compactible material that is\nauthorized for use pursuant to regulations promulgated by the\ndepartment.\n