N.Y. Environmental Conservation Law Section 27-1101

As used in this title, unless the context otherwise requires:


“Person” means any individual, public or private corporation, political subdivision, government agency, industry, partnership, association, firm, trust, estate or any other legal entity whatsoever.


“Corporation” means the New York state environmental facilities corporation.


“Board” means a facility siting board constituted pursuant to the provisions of § 27-1105 (Siting industrial hazardous waste facilities)section 27-1105 of this title.


“Industrial hazardous waste” shall mean an industrial waste or combination of wastes, which because of its quantity, concentration, or physical, chemical or infectious characteristics may:


Cause, or significantly contribute to an increase in serious irreversible, or incapacitating reversible illness; and/or b. Pose a substantial present or potential hazard to human health or the environment and, therefore, must be segregated and excluded from the general municipal waste system and sewage collection and treatment process.


“Industrial hazardous waste treatment, storage and disposal facility” shall mean a specialized facility or site other than a low-level radioactive waste management facility subject to the provisions of article 29 (Low-level Radioactive Waste Facilities)article twenty-nine of this chapter, or a sewage treatment facility for the purpose of treating, storing, compacting, recycling, exchanging, or disposing of industrial hazardous waste materials, including treatment, compacting, resource recovery or disposal plants, equipment and furnishings thereof used for the storage, treatment, compacting, composting, shredding, coverting, utilization, processing, or final disposal of hazardous waste, including but not limited to mechanical, chemical or thermal processing systems, incinerators, sanitary landfills, other facilities for the storage, reduction or conversion of hazardous waste, including but not limited to transfer stations, baling facilities, railroad and maritime facilities, motor trucks or vehicles and appurtenances, furnishings, equipment and machinery deemed necessary thereto.


“Municipality” means any town, city, county or village.


“Treatment” means any method, technique, or process including neutralization, designed to change the physical, chemical or biological character or composition of any hazardous waste so as to neutralize such waste or as to render such waste nonhazardous, safer for transport, amenable for recovery, amenable for storage, or reduced in volume.


“Storage” means the containment of hazardous waste, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of such hazardous waste.


“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.


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


“Preferred hazardous waste management practices hierarchy” shall mean that policy established in § 27-0105 (Preferred statewide hazardous waste management practices hierarchy)section 27-0105 of this article.

Source: Section 27-1101 — Definitions, https://www.­nysenate.­gov/legislation/laws/ENV/27-1101 (updated Sep. 22, 2014; accessed Nov. 25, 2023).

Nov. 25, 2023

Last modified:
Sep. 22, 2014

§ 27-1101’s source at nysenate​.gov

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