§ 72-0401 — Definitions

New York § 72-0401

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 4: Hazardous Waste Program Fee
• Art. 72: Environmental Regulatory Program Fees

Text

§ 72-0401. Definitions.\n When used in this title:\n 1. "Characteristic hazardous waste" means a waste which satisfies the\ncharacteristics promulgated by the commissioner pursuant to title nine\nof article twenty-seven of this chapter and is not listed hazardous\nwaste as defined in subdivision ten of this section.\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. "Facility operator" means the person who is responsible for the\noperation of a treatment, storage or disposal facility as defined in\nsubdivision sixteen of this section.\n 4. "Facility owner" means the person who owns a facility or part of a\nfacility.\n 5. "Generator" means any person, by site, whose act or process\nproduces hazardous waste or whose act first causes a hazardous waste to\nbecome subject to regulation.\n 6. "Hazardous waste" means a waste identified or listed as hazardous\npursuant to title nine of article twenty-seven of this chapter.\n 7. "Hazardous waste generation" means the act or process of producing\nhazardous waste.\n 8. "Incinerator" means an enclosed device using controlled flame\ncombustion, the primary purpose of which is to thermally break down\nsolid, liquid, or gaseous combustible hazardous wastes, producing\nresidue that contains little or no combustible materials.\n 9. "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 10. "Listed hazardous waste" means a waste which appears on the list\npromulgated by the commissioner pursuant to title nine of article\ntwenty-seven of this chapter.\n 11. "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 12. "State hazardous waste program" means those activities of the\ndepartment as specified in titles three, seven, nine, and eleven of\narticle twenty-seven of this chapter related to hazardous waste and any\nrelated enforcement activities.\n 13. "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 14. "Surface impoundment" or "impoundment" means a facility or part of\na facility which is a natural topographical depression, man-made\nexcavation, or diked area formed primarily of earthen materials\n(although it may be lined with man-made materials), which is designed to\nhold an accumulation of solid waste in semi-solid or liquid form, and\nwhich is not an injection well.\n 15. "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 16. "Treatment, storage or disposal facility" or "facility" means all\ncontiguous land and structures, other appurtenances and improvements on\nthe land, used for treating, storage or disposing of hazardous waste. A\nfacility may consist of several treatment, storage or disposal\noperational units. For purposes of this title, a facility subject to\nregulation under section 307(b) of the Clean Water Act shall not be\nassessed a separate fee for the pre-treatment of hazardous wastes.\n 17. "Environment" means any water, water vapor, any land including\nland surface or subsurface, air, fish, wildlife, biota and all other\nnatural resources.\n 19. "Wastewater" means liquid waste that contains:\n a. a minimum of ninety-five percent water by weight, and\n b. a maximum of one percent by weight of total organic carbon, and\n c. a maximum of one percent by weight of total suspended solids (i.e.,\ntotal filterable solids).\n