New York Laws
Title 13 - Inactive Hazardous Waste Disposal Sites
27-1301 - Definitions.

When used in this title:

1. "Hazardous waste" means a waste which appears on the list or
satisfies the characteristics promulgated by the commissioner pursuant
to section 27-0903 of this article and any substance which appears on
the list promulgated pursuant to section 37-0103 of this chapter;
provided, however, that the term "hazardous waste" does not include:

a. Natural gas, natural gas liquids, liquefied natural gas, synthetic
gas usable for fuel, or mixtures of natural gas and such synthetic gas;
nor

b. The residue of emissions from the engine exhaust of a motor
vehicle, rolling stock, aircraft, vessel, or pipeline pumping station
engine; nor

c. Source, byproduct, or special nuclear material from a nuclear
incident, as those terms are defined in the atomic energy act of 1954,
if such release is subject to requirements with respect to financial
protection established under section 170 of such act (42 U.S.C. 2210)
or, for the purpose of section 104 of the comprehensive environmental
response, compensation and liability act of 1980 (42 U.S.C. 9604), or
any other response action, any source, byproduct, or special nuclear
material from any processing site designated under section 102(a)(1) or
302(a) of the Uranium Mill Tailings Radiation Control Act of 1978 (42
U.S.C. 7912(a)(1) or 7942(a)); nor

d. Petroleum as defined in section one hundred seventy-two of the
navigation law, even if appearing on the list promulgated pursuant to
section 37-0103 of this chapter.

2. "Inactive hazardous waste disposal site" means any area or
structure used for the long term storage or final placement of hazardous
waste including, but not limited to, dumps, landfills, lagoons and
artificial treatment ponds, as to which area or structure no permit or
authorization issued by the department or a federal agency for the
disposal of hazardous waste was in effect after the effective date of
this title and any inactive area or structure on the National Priorities
List established under the authority of 42 U.S.C.A. Section 9605.

3. "Inactive hazardous waste disposal site remedial program" means
activities undertaken to eliminate, remove, abate, control or monitor
health and/or environmental hazards or potential hazards in connection
with inactive hazardous waste disposal sites or to treat or dispose of
wastes and waste contaminated materials from such sites including, but
not limited to, grading, contouring, trenching, grouting, capping,
excavation, transporting, incineration, chemical treatment, biological
treatment or construction of leachate collection and treatment
facilities.

4. "Person" means an individual, trust, firm, joint stock company,
limited liability company, corporation, joint venture, partnership,
association, state, municipality, commission, political subdivision of a
state, public benefit corporation or any interstate body. Provided,
however for purposes of this title, person shall not include a person as
defined in section 27-1323 of this title.

5. "Waste" means any garbage, refuse, sludge from a waste treatment
plant, water supply treatment plant, or air pollution control facility,
and other discarded material, whether or not such material may
eventually be used for some other purpose, including solid, liquid,
semisolid, or contained gaseous material resulting from industrial,
commercial, mining and agricultural operations or from community
activities, and source, special nuclear or by-product material as
defined in the Atomic Energy Act of 1954, as amended, except as may be
provided by existing agreements between the state of New York and the

government of the United States, 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 seventeen of this chapter.

6. "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.

7. "Environment" means any water, water vapor, any land including land
surface or subsurface, air, fish, wildlife, biota and all other natural
resources.