New York Laws
Title 12 - Mitigation and Remediation of Certain Solid Waste Sites and Drinking Water Contamination
27-1201 - Definitions.

When used in this title:

1. "Contaminant" means emerging contaminants pursuant to section
eleven hundred twelve of the public health law, and, for solid waste
sites, shall include parameters identified in regulations required to be
tested by landfills to ensure the protection of groundwater quality.

2. "Contamination" or "contaminated" means the presence of a
contaminant in any environmental media, including soil, surface water,
or groundwater, sufficient to cause or substantially contribute to an
exceedance of standards, criteria, and guidance values established by
the department or drinking water standards, including maximum
contaminant levels, notification levels, maximum residual disinfectant
levels or action levels established by the department of health.

3. "Drinking water contamination site" means any area or site that is
causing or substantially contributing to the contamination of one or
more public drinking water supplies.

4. "Mitigation" means the investigation, sampling, management, or
treatment of a solid waste site or drinking water contamination site
required to ensure the availability of safe drinking water, including
public water systems and individual onsite water supply systems
necessary to meet standards, criteria, and guidance values established
by the department or drinking water standards, including maximum
contaminant levels, notification levels, maximum residual disinfectant
levels, or action levels established by the department of health that
can be successfully carried out with available, implementable and
cost-effective technology. "Mitigation" activities include but are not
limited to the installation of drinking water treatment systems, the
provision of alternative water supplies, or repair of a landfill cap.
"Mitigation" does not mean remediation.

5. "Solid waste site" means a site where (a) the department has a
reasonable basis to suspect that the illegal disposal of solid waste
occurred or, (b) a court of competent jurisdiction has determined that
an illegal disposal of solid waste occurred, or (c) the department knows
or has a reasonable basis to suspect that an inactive solid waste
management facility which does not have a current monitoring program is
impacting or contaminating one or more drinking water supplies. Solid
waste site shall not include a site which is currently subject to
investigation or remediation pursuant to title thirteen or fourteen of
this article or any site which completed such programs and was either
delisted by or received a certificate of completion from the department.

6. "Solid waste management facility" means any facility employed for
solid waste collection, processing and disposal including processing
systems, including resource recovery facilities or other facilities for
reducing solid waste volume, sanitary landfills, regulated facilities
for the disposal of construction and demolition debris, regulated plants
and facilities for compacting, composting or pyrolization of solid
wastes, regulated mulch facilities, landspreading and soil amending
operations, and incinerators.

Structure New York Laws