Section 27-0901. Definitions  


Latest version.
  • When used in this title:
        1.   "Administrator"   means   the   administrator   of   the  federal
      environmental protection agency.
        2. "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.
        3.  "Hazardous  waste"  means  a waste or combination of wastes, which
      because  of  its  quantity,  concentration,  or  physical,  chemical  or
      infectious characteristics may:
        a.  Cause,  or significantly contribute to an increase in mortality or
      an  increase  in  serious  irreversible,  or  incapacitating  reversible
      illness; or
        b.  Pose  a substantial present or potential hazard to human health or
      the environment when improperly treated, stored, transported,  disposed,
      or otherwise managed.
        4.  "Hazardous waste generation" means the act or process of producing
      hazardous waste.
        5. "Hazardous waste management" means the systematic  control  of  the
      collection,  source  separation,  storage,  transportation,  processing,
      treatment, recovery, and disposal of hazardous wastes.
        6. "Manifest" means  the  form  used  for  identifying  the  quantity,
      composition, and the origin, routing, and destination of hazardous waste
      during  its  transportation from the point of generation to the point of
      disposal, treatment, or storage.
        7. "Person" means an individual, trust,  firm,  joint  stock  company,
      corporation   (including   a   government   corporation),   partnership,
      association,  state,  federal  government  and   any   agency   thereof,
      municipality,  commission,  political  subdivision  of  a  state, or any
      interstate body.
        8. "Storage" means the containment of hazardous  waste,  either  on  a
      temporary  basis  or  for  a period of years, in such a manner as not to
      constitute disposal of such hazardous waste.
        9. "Transport" means the movement of hazardous waste from the point of
      generation to any intermediate  points  and  finally  to  the  point  of
      ultimate storage or disposal.
        10.  "Treatment"  means  any  method, technique, or process, including
      neutralization, designed to change the physical, chemical or  biological
      character or composition of any hazardous waste so as to neutralize such
      waste  or  as  to  render  such waste nonhazardous, safer for transport,
      amenable for recovery, amenable for storage, or reduced in volume.
        11. "Waste" means any garbage, refuse, sludge from a  waste  treatment
      plant,  water supply treatment plant, or air pollution control facility,
      and other discarded material, including  solid,  liquid,  semisolid,  or
      contained gaseous material resulting from industrial, commercial, mining
      and  agricultural operations and from community activities, 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  section  four  hundred
      two  of  the  federal  Water Pollution Control Act, as amended (86 Stat.
      880), or source, special nuclear or by-product material  as  defined  in
      the  Atomic  Energy Act of 1954, as amended (68 Stat. 923) except as may
      be provided by existing agreements between the state of New York and the
      government of the United States.
    
        12. "Landfill" means a disposal facility or part of a  facility  where
      solid  waste,  including  hazardous  waste, is placed in or on land, and
      which is not a land treatment facility, a  surface  impoundment,  or  an
      injection well.
        13.  "Resource  recovery"  means  any  method,  technique,  or process
      utilized to separate,  process,  modify,  convert,  treat  or  otherwise
      prepare  hazardous  waste  so that the component materials or substances
      thereof may be beneficially used or reused as raw  materials,  exclusive
      of useable energy.
        *   14.   "Commercial   hazardous  waste  facilities"  or  "commercial
      facilities" means a facility that receives from off-site  any  hazardous
      waste  from  any  person that is not part of the same trust, firm, joint
      stock  company,  corporation  (including  a   government   corporation),
      partnership,  association,  state,  federal  government  and  any agency
      thereof, municipality, commission, political subdivisions of a state, or
      any interstate body except when small  quantities  of  hazardous  wastes
      from  public bodies are accepted on an emergency basis with the approval
      of the commissioner on a no-cost basis.
        * NB There are 2 sub 14's
        * 14. "Environment" means any water, water vapor, any  land  including
      land  surface  or  subsurface,  air, fish, wildlife, biota and all other
      natural resources.
        * NB There are 2 sub 14's
        15. "Secure  landburial  facility"  means  a  land  disposal  facility
      meeting  the  design  and  operation  requirements  promulgated  by  the
      department pursuant to this title for the proper disposal  of  hazardous
      wastes  so  that such wastes are immobilized or otherwise prevented from
      release to the environment  or  rendered  harmless  or  decomposed  into
      harmless materials within the facility.