Terms Used In New York Laws > Environmental Conservation > Article 37 - Substances Hazardous or Acutely Hazardous to Public Health, Safety or the Environment

• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Chemical: means a substance with a distinct molecular composition or a group of structurally related substances and includes the breakdown products of the substance or substances that form through decomposition, degradation or metabolism. See N.Y. Environmental Conservation Law 37-0901
• Chemical of concern: means a chemical identified by the department by rule pursuant to subdivision one of section 37-0905 of this title. See N.Y. Environmental Conservation Law 37-0901
• child care product: means all pacifiers and unfilled beverage containers to be used by children under three years old for the consumption of liquids including pacifiers, baby bottles, baby bottle liners and cups, cup lids, straws and sippy cups. See N.Y. Environmental Conservation Law 37-0503
• Child care product: means a consumer product intended for use by children under three years of age, such as baby products, toys, car seats, nursing pillows, crib mattresses, and strollers. See N.Y. Environmental Conservation Law 37-0703
• Children: means a person or persons aged twelve and under. See N.Y. Environmental Conservation Law 37-0901
• Consumer product: means any product that is regularly used or purchased to be used for personal, family or household purposes. See N.Y. Environmental Conservation Law 37-0901
• Consumer product: means any product that is regularly used or purchased to be used for personal, family or household purposes. See N.Y. Environmental Conservation Law 37-1001
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Covered flame retardant chemical: means any chemical that meets both of the following criteria:
  
  (a) A functional use for the chemical is to resist or inhibit the spread of fire or as a synergist to chemicals that resist or inhibit the spread of fire; and
  
  (b) The chemical is one of the following: a halogenated, organophosphorus, organonitrogen, or nanoscale chemical. See N.Y. Environmental Conservation Law 37-1001
• Custom upholsterer: means a person who, either by himself or herself or through employees or agents, repairs, reupholsters, recovers, restores, or renews upholstered furniture. See N.Y. Environmental Conservation Law 37-1001
• Distributor: means a person who sells children's products to retail establishments on a wholesale basis. See N.Y. Environmental Conservation Law 37-0901
• Electronic display: means a consumer product with a display screen and associated electronics that, as its primary function, displays visual information from wired or wireless sources and is available for purchase by individuals or households for personal use in a residential space. See N.Y. Environmental Conservation Law 37-1001
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Facility: means all buildings, equipment, structures, and other stationary items located on a single site or adjacent sites and owned or operated by the same person (or by any person who controls, is controlled by, or is under common control with, such person). See N.Y. Environmental Conservation Law 37-0301
• Gel foam mattress: means a mattress in which interior foam layers are composed of polyurethane foam or latex foam which has a polyurethane-based gel material either mixed with the foam or applied to the outer surface of polyurethane or latex foam, or a mattress in which the core or padding layers are composed solely of gel material. See N.Y. Environmental Conservation Law 37-1001
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• High-priority chemical: means (a) a chemical designated pursuant to paragraph (a) of subdivision two of section 37-0905 of this title; and
  
  (b) a chemical adopted by the department pursuant to paragraph (b) of subdivision two of section 37-0905 of this title. See N.Y. Environmental Conservation Law 37-0901
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• manufacture: means to produce, prepare, import, or compound a toxic chemical. See N.Y. Environmental Conservation Law 37-0301
• manufacturer: includes the importer or first domestic distributor of the children's product if the person who currently manufactures or assembles the children's product or whose brand name is affixed to the children's product does not have a presence in the United States. See N.Y. Environmental Conservation Law 37-0901
• Mattress: means a ticking filled with a resilient material used alone or in combination with other products intended or promoted for sleeping upon. See N.Y. Environmental Conservation Law 37-1001
• Organohalogen flame retardant chemical: means a chemical that meets both of the following criteria:
  
  (a) A functional use for the chemical is to resist or inhibit the spread of fire or as a synergist to chemicals that resist or inhibit the spread of fire; and
  
  (b) The chemical contains one or more halogen elements, including fluorine, chlorine, bromine, or iodine, bonded to carbon. See N.Y. Environmental Conservation Law 37-1001
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• PFAS: shall mean a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom. See N.Y. Environmental Conservation Law 37-0101
• Quorum: The number of legislators that must be present to do business.
• release: means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment (including the abandonment or discarding of barrels, containers, and other closed receptacles) of any hazardous chemical, extremely hazardous substance, or toxic chemical. See N.Y. Environmental Conservation Law 37-0301
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Reupholstered furniture: means furniture whose original fabric, padding, decking, barrier material, foam, or other resilient filling has been replaced by a custom upholsterer, that has not been sold since the time of the replacement. See N.Y. Environmental Conservation Law 37-1001
• state agency: shall mean the Palisades interstate park commission or the department of environmental conservation. See N.Y. Parks, Recreation and Historic Preservation Law 13.03
• State agency: means :
  
  (a) each state department;
  
  (b) division of military and naval affairs, division of state police, division of housing and community renewal, division for youth, office of general services, office of parks, recreation and historic preservation, and state university of New York;
  
  (c) any division, board, commission, office, or bureau of any state department which is required to obtain a permit issued by the department or which undertakes an activity for which it must register with the department; and
  
  (d) dormitory authority of the state of New York, facilities development corporation, metropolitan transportation authority (including the operations of all of its operating units), New York state energy research and development authority, New York state environmental facilities corporation, New York state olympic regional development authority, New York state thruway authority, New York state urban development corporation, port authority of New York and New Jersey, and power authority of the state of New York. See N.Y. Environmental Conservation Law 37-0301
• Subpoena: A command to a witness to appear and give testimony.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Ticking: means the outermost layer of fabric or related material that encloses the core and upholstery materials of a mattress or mattress pad. See N.Y. Environmental Conservation Law 37-1001
• toxic chemical: means a substance on the list described in 42 U. See N.Y. Environmental Conservation Law 37-0301
• Toy: means a product designed or intended by the manufacturer to be used by children at play. See N.Y. Environmental Conservation Law 37-0901
• Trace contaminant: means a trace amount of a chemical or chemicals that is incidental to manufacturing, including an unintended by-product of chemical reactions during the manufacture of the children's product, a trace impurity in feed-stock, an incompletely reacted chemical mixture, or a degradation product. See N.Y. Environmental Conservation Law 37-0901
• TRIS: shall include TCEP (TRIS (2-chloroethyl) phosphate) and TDCPP (TRIS (1,3-dichloro-2-propyl) phosphate). See N.Y. Environmental Conservation Law 37-0703
• Upholstered furniture: means any item of furniture, that consists, in whole or in part, of leather, plastic, fabric or other material that contains cotton, wool, polyurethane or other natural or synthetic material that is placed in cushions or on the frame of the furniture. See N.Y. Environmental Conservation Law 37-1001
• Very bioaccumulative: means having a bioconcentration factor or bioaccumulation factor greater than or equal to five thousand, or if neither are available, having a log Kow greater than 5. See N.Y. Environmental Conservation Law 37-0901
• Very persistent: means having a half-life greater than or equal to one of the following: (a) a half-life in soil or sediment of greater than one hundred eighty days; (b) a half-life greater than or equal to sixty days in water or evidence of long-range transport. See N.Y. Environmental Conservation Law 37-0901