Section 27-1301. Definitions

When used in this title:
    1.  "Hazardous  waste"  means  a  waste  which  appears on the list or
  satisfies the characteristics promulgated by the  commissioner  pursuant
  to  section  27-0903  of this article and any substance which appears on
  the list promulgated  pursuant  to  section  37-0103  of  this  chapter;
  provided, however, that the term "hazardous waste" does not include:
    a.  Natural gas, natural gas liquids, liquefied natural gas, synthetic
  gas usable for fuel, or mixtures of natural gas and such synthetic  gas;
  nor
    b.  The  residue  of  emissions  from  the  engine  exhaust of a motor
  vehicle, rolling stock, aircraft, vessel, or  pipeline  pumping  station
  engine; nor
    c.  Source,  byproduct,  or  special  nuclear  material from a nuclear
  incident, as those terms are defined in the atomic energy act  of  1954,
  if  such  release  is  subject to requirements with respect to financial
  protection established under section 170 of such act  (42  U.S.C.  2210)
  or,  for  the  purpose of section 104 of the comprehensive environmental
  response, compensation and liability act of 1980 (42  U.S.C.  9604),  or
  any  other  response  action,  any source, byproduct, or special nuclear
  material from any processing site designated under section 102(a)(1)  or
  302(a)  of  the  Uranium Mill Tailings Radiation Control Act of 1978 (42
  U.S.C. 7912(a)(1) or 7942(a)); nor
    d. Petroleum as defined in section  one  hundred  seventy-two  of  the
  navigation  law,  even  if appearing on the list promulgated pursuant to
  section 37-0103 of this chapter.
    2.  "Inactive  hazardous  waste  disposal  site"  means  any  area  or
  structure used for the long term storage or final placement of hazardous
  waste  including,  but  not  limited  to,  dumps, landfills, lagoons and
  artificial treatment ponds, as to which area or structure no  permit  or
  authorization  issued  by  the  department  or  a federal agency for the
  disposal of hazardous waste was in effect after the  effective  date  of
  this title and any inactive area or structure on the National Priorities
  List established under the authority of 42 U.S.C.A. Section 9605.
    3.  "Inactive  hazardous  waste  disposal site remedial program" means
  activities undertaken to eliminate, remove, abate,  control  or  monitor
  health  and/or  environmental hazards or potential hazards in connection
  with inactive hazardous waste disposal sites or to treat or  dispose  of
  wastes  and  waste contaminated materials from such sites including, but
  not limited  to,  grading,  contouring,  trenching,  grouting,  capping,
  excavation,  transporting,  incineration, chemical treatment, biological
  treatment  or  construction  of  leachate   collection   and   treatment
  facilities.
    4.  "Person"  means  an  individual, trust, firm, joint stock company,
  limited liability  company,  corporation,  joint  venture,  partnership,
  association, state, municipality, commission, political subdivision of a
  state,  public  benefit  corporation  or  any interstate body. Provided,
  however for purposes of this title, person shall not include a person as
  defined in section 27-1323 of this title.
    5. "Waste" means any garbage, refuse, sludge from  a  waste  treatment
  plant,  water supply treatment plant, or air pollution control facility,
  and  other  discarded  material,  whether  or  not  such  material   may
  eventually  be  used  for  some  other purpose, including solid, liquid,
  semisolid, or contained  gaseous  material  resulting  from  industrial,
  commercial,   mining  and  agricultural  operations  or  from  community
  activities, and  source,  special  nuclear  or  by-product  material  as
  defined  in  the Atomic Energy Act of 1954, as amended, except as may be
  provided by existing agreements between the state of New  York  and  the

  government of the United States, but does not include solid or dissolved
  material  in  domestic  sewage,  or  solid  or  dissolved  materials  in
  irrigation return flows or industrial discharges which are point sources
  subject to permits under article seventeen of this chapter.
    6.  "Disposal"  means  the abandonment, discharge, deposit, injection,
  dumping, spilling, leaking or placing of  any  substance  so  that  such
  substance  or any related constituent thereof may enter the environment.
  Disposal also means the thermal destruction of waste or hazardous  waste
  and  the  burning  of  such wastes as fuel for the purpose of recovering
  useable energy.
    7. "Environment" means any water, water vapor, any land including land
  surface or subsurface, air, fish, wildlife, biota and all other  natural
  resources.