N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 375-2.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 375-2.2 - Definitions

As used in this Subpart, the following terms have the following meanings:

(a) Change of use means the erection of any structure on a site, the paving of a site for use as a roadway or parking lot, the creation of a park or other recreational facility on a site, any activity that is likely to disrupt or expose contamination or increase direct human or environmental exposure, or any other conduct that will or may tend to prevent or significantly interfere with a proposed, ongoing, or completed remedial program.

(b) Contaminant means hazardous waste as defined in section 375-1.2(w) of this Part, excluding petroleum as defined in section 375-1.2(ah) of this Part.

(c) Contaminated or contamination means the presence of a contaminant, as defined in subdivision (b) of this section, in any environmental media, including soil, surface water, sediment, groundwater, soil vapor, ambient air or indoor air.

(d) Disposal means the abandonment, discharge, deposit, injection, dumping, spilling, leaking or placing of contaminants so that such contaminant, or any related constituent thereof, may enter the environment. Disposal also means the thermal destruction of a contaminant and the burning of a contaminant as fuel for the purpose of recovering usable energy.

(e) Environmental damage means any injury to the environment, any impairment of its use by flora or fauna and any adverse public health impact.

(f) Feasibility study means a study undertaken to develop and evaluate alternatives for remediation, emphasizing data analysis. The remedial investigation data are used to define the objectives of the site remedial program, to develop remedial action alternatives, and to undertake an initial screening and detailed analysis of the alternatives. The term also refers to a report that describes the results of the study.

(g) Municipality means a city, county, town, village, public benefit corporation or school district or an improvement district within a city, county, town, or village, or Indian tribe residing within the State, or any combination thereof.

(h) 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.

(i) Responsible party means any of the following, subject to the defenses, exemptions, and/or limitations set forth at ECL 27-1323:

(1) any person who currently owns or operates a site or any portion thereof;

(2) any person who owned or operated a site or any portion thereof at the time of disposal of the contaminant;

(3) any person who generated any contaminants disposed at a site;

(4) any person who transported any contaminants to a site selected by such person;

(5) any person who disposed of any contaminants at a site;

(6) Any person who arranged for:

(i) the transportation of any contaminants to a site; or

(ii) the disposal of any contaminants at a site; and

(7) any other person who is responsible according to the applicable principles of statutory or common-law liability pursuant to ECL 27-1313(4) and/or CERCLA.

(j) For the purposes of this Subpart, the terms "non-aqueous phase liquid" or "NAPL", "disposal", "emergency", "engineering control", "grossly contaminated media", "off-site contamination", "on-site contamination", "operable unit", "presumptive remedy", "remedial investigation", "remedial program", and "source area" found in section 375-1.2 of this Part shall have substituted in their definition the terms "contaminant", "contamination" and "contaminated" as defined above in subdivisions (b) and (c) of this section.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 375-2.2