N.Y. Envtl. Conserv. Law § 27-0303

Current through 2024 NY Law Chapter 456

Section 27-0303 - Definitions

When used in this title:

1. "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.

2. "Industrial-commercial waste" means a waste which originates at, is generated by, or occurs as a result of any industrial or commercial activity. The forms of waste included are exemplified by but not limited to the following:

a. liquids such as: acids, alkalis, caustics, leachate, petroleum (and its derivatives), and process or treatment wastewaters;

b. sludges which are semisolid substances resulting from process or treatment operations, or residues from storage or use of liquids;

c. solids such as: solidified chemicals, paints or pigments; the end or by-products of incineration ash; foundry sand; dredge spoil;

d. contained gaseous materials;

e. hazardous waste as defined in title 9 of this article; and f. any liquid, sludge, septage, solid, semisolid substance or contained gaseous material in which any of the foregoing is intermixed or absorbed, or onto which any of the foregoing is adhered.

3. "Person" means any individual, public or private corporation, political subdivision, government agency, department or bureau of the state or federal government, municipality, industry, co-partnership, association, firm, trust, estate or any other legal entity.

4. "Regulated waste" means any one of the following types of waste: raw sewage, septage, sludge from a sewage or water supply treatment plant, industrial-commercial waste, low-level radioactive waste as defined in subdivision nine of this section, waste tires or waste oil.

5. "Septage" means the contents of a septic tank, cesspool or other individual sewage treatment facility which receives domestic sewage wastes.

6. "Storage" means the holding of waste for a temporary period, at the end of which the waste is processed, recovered, disposed of, or stored elsewhere.

7. "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 article 17 of this chapter, 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 and the federal government.

8. "Waste oil" means used engine lubricating oil and any other oil, including but not limited to, fuel oil, motor oil, gear oil, cutting oil, transmission fluid, hydraulic fluid, dielectric fluid, oil storage tank residue, animal oil, and vegetable oil, which has been contaminated by physical or chemical impurities, through use or accident, and has not subsequently been rerefined.

9.[Multiple versions] "Low-level radioactive waste" means radioactive material that:

a. is not high-level radioactive waste, transuranic waste, spent nuclear fuel, or the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content; and

b.the United States nuclear regulatory commission, consistent with federal law and in accordance with paragraph a of this subdivision, classifies as low-level radioactive waste.

9.[Multiple versions] "Environment" means any water, water vapor, any land including land surface or subsurface, air, fish, wildlife, biota and all other natural resources.

11. "Regulated medical waste" shall have the same meaning as such term is defined in title 15 of this article.

12. "Waste tires" shall mean waste tires transported for a fee for the purpose of reuse, recycling or disposal, except those tires collected and transported incidental to the collection and transportation of solid waste.

N.Y. Envtl. Conserv. Law § 27-0303