Section 40-0105. Definitions

1.  "Abandoned  storage facility" means a storage facility which is no
  longer  being  maintained  in  accordance  with  this  article  or   the
  regulations promulgated thereunder.
    2.  "Authorization"  means  the possession, where required, of a valid
  license, permit or certificate issued by an agency of the state  of  New
  York or the federal government or an order issued by the commissioner or
  the  administrator  of the federal environmental protection agency under
  applicable statutes, rules or regulations regarding  the  possession  or
  release  of  hazardous substances or otherwise engaging in conduct which
  is exempt under applicable  statutes,  rules  or  regulations  from  the
  requirements of possessing such a license, permit, certificate or order.
    3. "Environment" means any water, water vapor, any land including land
  surface  or subsurface, air, fish, wildlife, biota and all other natural
  resources.
    4. "Hazardous substance" means any substance  listed  as  a  substance
  hazardous to the public health, safety or the environment in regulations
  promulgated  pursuant  to article thirty-seven of this chapter; provided
  however, that the term "hazardous substance" shall not include petroleum
  as defined in section 17-1003 of this chapter.
    5. "Modified storage facility" means a storage facility at which there
  has occurred substantial reconditioning or repair of an existing tank or
  storage vessel or associated pipes, lines or fixtures or replacement  of
  a substantial portion of the storage facility.
    6.  "Operator"  means  any  person  who  leases, operates, controls or
  supervises a facility.
    7. "Owner" means any person who has legal title to a facility.
    8. "Person" or "persons"  means  any  individual,  public  or  private
  corporation,  political  subdivision,  government  agency, municipality,
  co-partnership, association, firm, consortium, joint venture, interstate
  body, trust, estate or any other legal entity whatsoever.
    9.  "Release"  means  any  unauthorized  pumping,  pouring,  spilling,
  leaking,   emitting,   discharging,   escaping,  emptying,  leaching  or
  disposing, directly or indirectly, of a hazardous substance so that  the
  substance or any related constituent thereof, or any degradation product
  of  such  a substance or of a related constituent thereof, may enter the
  environment.
    10. "Storage facility"  or  "facility"  means  a  single  property  or
  contiguous  or  adjacent  properties used for a common purpose which are
  owned or operated by the same person on or in which are located  one  or
  more  tanks  which  are used for the storage or containment of hazardous
  substances.
    11. "Tank" means a device or holding vessel  designed  to  contain  an
  accumulation   of   a   hazardous  substance  which  is  constructed  of
  non-earthen materials that provide structural support. The  term  "tank"
  includes  all  associated  pipes,  lines,  fixtures, and other ancillary
  equipment.
    Such term shall not include:
    a. non-stationary tanks, barrels, drums, containers or  other  holding
  vessels  stored  at a facility for a period of less than ninety days, or
  where individual capacity of such non-stationary tanks, barrels,  drums,
  containers,  or  other  holding  vessels  at a facility is less than one
  thousand kilograms (2,200 lbs.);
    b. flow-through process tanks or  other  equipment  wherein  physical,
  chemical or biological changes take place as part of a process;
    c. septic tanks, stormwater or wastewater collection systems;
    d. capacitors or transformers containing polychlorinated biphenyls;

    e.  above  ground  tanks  on an operating farm used solely to store or
  contain  hazardous  substances  which  will  be  used  for  agricultural
  purposes on such farm; or
    f.  tanks  which  have  been  permanently  closed  in  accordance with
  regulations promulgated pursuant to section 40-0113 of this chapter.