Section 71-2702. Definitions

As  used  in  section  27-0914  of  this  chapter, and this title, the
  following terms shall have the following meanings:
    1. "Hazardous wastes" means:
    (a) Those wastes  identified  or  listed  in  regulations  promulgated
  pursuant to section 27-0903 of this chapter and all amendments thereto;
    (b) Acute hazardous wastes and;
    (c)  Waste oils, including but not limited to, used engine lubricating
  oil, fuel oil, motor oil, gear oil,  cutting  oil,  transmission  fluid,
  hydraulic fluid, dielectric fluid, oil storage tank residue, animal oil,
  and  vegetable oil, which have been contaminated by physical or chemical
  impurities, through use or accident,  and  have  not  been  subsequently
  rerefined, and which fail one or more of the characteristic tests listed
  in  regulations  promulgated pursuant to section 27-0903 of this chapter
  and all amendments thereto or which  contain  any  waste  identified  or
  listed  in  regulations  promulgated pursuant to section 27-0903 of this
  chapter and all amendments thereto.
    2. "Acute hazardous wastes" means those wastes identified or listed as
  "acute hazardous wastes" in regulations promulgated pursuant to  section
  27-0903 of this chapter and all amendments thereto.
    3.  "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 or acutely hazardous wastes or substances hazardous
  or  acutely  hazardous  to  public  health, safety or the environment 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.
    4. "Site of generation" means  premises  where  hazardous  wastes  are
  produced,  used,  or  stored  pursuant  to authorization or registration
  under the federal solid waste disposal act or under article twenty-seven
  of this chapter, and all contiguous property  owned  or  leased  by  the
  owner  or  lessor  of said premises, including contiguous property which
  may be otherwise divided by a public or private  right-of-way,  provided
  the  entrance  and  exit  between  the  properties  is  at  a crossroads
  intersection, and access is by crossing as opposed to  going  along  the
  right-of-way,  and  non-contiguous property owned or leased by the owner
  or lessor of said premises, but connected by  a  right-of-way  which  he
  controls and to which the public does not have access.
    5.  "Disposal"  means  the  discharge,  deposit,  injection,  dumping,
  spilling, leaking or placing of any substance so that such substance  or
  any  related  constituent  thereof  may  enter  the  environment, or the
  abandonment  of  any  substance.  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.
    6. "Primary water supply" means a body  of  surface  water,  fresh  or
  saline  or  water  in a saturated zone or stratum beneath the surface of
  land or water, best usage of which includes  being  used  for  drinking,
  culinary  or  food  processing, including potable mineral waters, and so
  classified in regulations promulgated pursuant  to  section  15-0313  or
  17-0301 of this chapter, as amended.
    7.  "Water"  includes  lakes,  bays, ponds, rivers, streams, and other
  waters as further defined in subdivision two of section 17-0105 of  this
  chapter.
    8. "Pound" means an avoirdupois pound.

    9.  "Gallon"  means  a  unit  of  liquid capacity equal to two hundred
  thirty-one cubic inches or four quarts.
    10.  "Substance hazardous to public health, safety or the environment"
  means any substance which:
    (a) is identified or  listed  as  a  hazardous  waste  in  regulations
  promulgated  pursuant  to  section  27-0903  of  this  chapter  and  all
  amendments thereto, regardless of whether at the  time  of  release  the
  substance was actually a waste; or
    (b)  appears  on  the  list  in  regulations  promulgated  pursuant to
  paragraph (a) of subdivision one of section 37-0103 of this chapter  and
  all amendments thereto.
    11.  "Substance  acutely  hazardous  to  public  health, safety or the
  environment" means any substance which:
    (a) is listed as an acute hazardous waste in  regulations  promulgated
  pursuant  to section 27-0903 of this chapter and all amendments thereto,
  regardless of whether at the time of release the substance was  actually
  a waste; or
    (b)  appears  on  the  list  in  regulations  promulgated  pursuant to
  paragraph (b) of subdivision one of section 37-0103 of this chapter  and
  all amendments thereto.
    12.  "Environment"  means  any  water, water vapor, any land including
  land surface or subsurface, air, fish, wildlife, biota,  and  all  other
  natural resources.
    13.  "Release"  means  any  pumping,  pouring,  emitting, emptying, or
  leaching, directly or indirectly, of a 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, or the disposal of any substance.
    14. "Abandonment" means the intentional relinquishment or forsaking of
  all possession or control of any substance.  In  any  prosecution  under
  this title, it is an affirmative defense to an allegation of abandonment
  that  the  defendant surrendered possession or control of such substance
  to another party who knowingly and voluntarily consented to assume  such
  possession or control.