Section 24-702. Definitions

For the purpose of this chapter the following
  terms shall mean:
    (a) "chemical name": the  scientific  designation  of  a  chemical  in
  accordance  with  the nomenclature system developed by the International
  Union of Pure and Applied Chemistry or the  Chemical  Abstracts  Service
  (CAS) rules of nomenclature.
    (b)   "citywide   facility   inventory   database":  a  compendium  of
  information  filed  by  responsible  parties  with  the  department   in
  accordance  with  this  chapter  regarding  the  location  of  hazardous
  substances.
    (c)  "commissioner":   the   commissioner   of   the   department   of
  environmental protection.
    (d) "department": the department of environmental protection.
    (e)  "disposal":  the placing of any hazardous substance into any land
  or water so that such hazardous substances or  any  constituent  thereof
  may be released into the environment.
    (f)  "emergency  response  agencies": the departments of fire, police,
  environmental protection, health, transportation and sanitation, and the
  division of emergency medical  services  of  the  health  and  hospitals
  corporation.
    (g)  "emergency  response personnel": any member of the departments of
  fire,  police,  environmental  protection,  health,  transportation  and
  sanitation,  the  division of emergency services of health and hospitals
  corporation and any other government agency  participating  in  response
  measures undertaken in connection with a fire, or a spill, or release or
  threatened  release  of  a hazardous substance into the environment. For
  purposes of this chapter, the term  "response  measures"  shall  include
  actions  taken by a city agency within the meaning of subdivision (f) of
  section 24-603.
    (h)  "extremely  hazardous  substance":  a  substance  on  a  list  of
  extremely hazardous substances promulgated pursuant to 42 U.S.C. section
  11002(a).
    (i)  "facility":  all  buildings,  equipment,  structures,  and  other
  stationary items that are located on a single site or on  contiguous  or
  adjacent  sites  and  that  are  owned,  leased  or operated by the same
  person, or by any person which controls, or is controlled  by  or  under
  common  control  with,  such  person, including any building, structure,
  installation or area involved  in  the  processing,  storage,  handling,
  treatment, placement, disposal or use of any hazardous substance.
    (j)  "facility  inventory form": a standard written form, developed by
  the department for completion by a responsible party at  each  privately
  or publicly owned facility in the city of New York.
    (k)  "hazardous substance": any chemical which is a physical hazard or
  a health hazard and which is listed on the hazardous substance  list  or
  special  health  hazard  list.  For  purposes  of this chapter, the term
  "hazardous substance" shall not include the  following:  (1)  any  food,
  food  additive,  color  additive,  drug,  or  cosmetic  regulated by the
  federal food and drug administration; (2) any  substance  present  as  a
  solid  in  any manufactured item to the extent exposure to the substance
  does not occur under normal conditions of use; (3) any substance to  the
  extent  it  is  used  for personal, family, or household purposes, or is
  present in the same form and concentration as  a  product  packaged  for
  distribution  and  use  by  the general public; (4) any substance to the
  extent it is used in routine agricultural operations or is a  fertilizer
  held  for sale by a retailer to the ultimate consumer; (5) any hazardous
  waste as such term is defined  by  the  solid  waste  disposal  act,  as
  amended  by  the  resource  conservation  and  recovery  act of nineteen
  hundred seventy-six, as amended (42 U.S.C. section 6901, et  seq.);  (6)

  tobacco  or  tobacco  products; (7) wood or wood products; (8) articles,
  which for purposes of this subdivision  shall  mean  manufactured  items
  which  (i)  are formed to a specific shape or design during manufacture;
  (ii)  which  have an end use function or functions dependent in whole or
  in part upon their shape or design during end use; and  (iii)  which  do
  not  release, or otherwise result in exposure to, a hazardous substance,
  under normal conditions of use; (9) food, drugs, cosmetics, or alcoholic
  beverages in a retail establishment  which  are  packaged  for  sale  to
  consumers;  (10)  foods,  drugs,  or  cosmetics  intended  for  personal
  consumption by employees while in the  work  place;  (11)  any  consumer
  product  or  hazardous  substance,  as  those  terms  are defined in the
  consumer product safety act  (15  U.S.C.  section  2051,  et  seq.)  and
  federal  hazardous  substances  act  (15  U.S.C.  section 1261, et seq.)
  respectively, where the employer can  demonstrate  it  is  used  in  the
  workplace  in  the  same  manner  as  normal consumer use, and which use
  results in a duration and frequency of exposure  which  is  not  greater
  than  exposures experienced by consumers; or (12) any drug, as that term
  is defined in the federal  food,  drug,  and  cosmetic  act  (21  U.S.C.
  section  301,  et  seq.),  when  it  is  in solid, final form for direct
  administration to a patient.
    (l) "hazardous substance list": a list of hazardous  substances  which
  the  commissioner  shall  by  regulation  establish  in  accordance with
  section 24-703 of this chapter. The commissioner shall  at  the  minimum
  include  on  the  original list, those hazardous substances contained on
  the following existing list of  dangerous  substances:  the  New  Jersey
  Right to Know, Hazardous Substance List developed pursuant to the Worker
  and  Community  Right to Know Act (New Jersey Administrative Code, stat.
  34:5A-1  et  seq.)  as  in  effect  in  December  of  nineteen   hundred
  eighty-seven.
    (m)  "health  hazard":  a  chemical  for  which there is statistically
  significant evidence based on at least one study conducted in accordance
  with the established scientific principles that acute or chronic  health
  effects  may occur in exposed persons. The term "health hazard" includes
  chemicals  which  are  carcinogens,  toxic  or  highly   toxic   agents,
  reproductive  toxins,  irritants, corrosives, sensitizers, hepatotoxins,
  nephrotoxins, neurotoxins, agents which act on the hematopoietic system,
  and agents which damage the lungs, skin, eyes, or mucous membranes.
    (n) "material safety data sheet" (MSDS): written or  printed  material
  concerning  a hazardous substance which is identical in form and content
  to the data sheet described at 29 C.F.R.  part  1910.1200  and  required
  under  subdivision  (a) of section three hundred eleven of the emergency
  planning and community right-to-know act of nineteen hundred  eighty-six
  (42 U.S.C. section 11001, et seq.).
    (o) "mixture": a combination of two or more substances not involving a
  chemical reaction.
    (p)  "person":  any individual, trust, firm, partnership, corporation,
  joint stock company, association, joint venture or government entity.
    (q) "physical hazard": a chemical for which  there  is  scientifically
  valid  evidence  that  it  is  a  combustible  liquid, a compressed gas,
  explosive, flammable, an  organic  peroxide,  an  oxidizer,  pyrophoric,
  unstable (reactive) or water-reactive.
    (r)  "regulated  toxic  substance": a substance on a list of regulated
  toxic substances promulgated pursuant to 42 U.S.C. section 7412 (r).
    (s) "responsible party": an owner,  operator,  manager,  or  corporate
  officer  of the person who owns, leases or operates a facility, provided
  that if such facility is leased, the  responsible  party  shall  be  the
  lessee of the facility or his or her representative.

    (t)  "risk  management plan": a plan filed by a responsible party with
  the commissioner pursuant to section 24-718 of this chapter.
    (u)  "special health hazard list": a list of hazardous substances that
  the commissioner may develop through regulation which would  consist  of
  substances  that  have  been  proven  to  be  carcinogenic, mutagenic or
  teratogenic,  as  established  by  at  least  one  study  conducted   in
  accordance  with  established  scientific principles, and thereby pose a
  special hazard to health and safety.
    (v)  "treatment":  any  method,  technique,  or   process,   including
  neutralization, designed to change the physical, chemical, or biological
  character  or composition of any hazardous substance so as to neutralize
  such substance or so as to render such substance nonhazardous,  safe  to
  transport,  amendable  to  recovery, amendable to storage, or reduced in
  volume. Such term includes any activity or processing designed to change
  the physical form or chemical composition of a hazardous substance so as
  to render it nonhazardous.