Terms Used In New York Laws > Navigation > Article 4 - No title

• Abandoned: means the cessation of mining and reclamation activities on land affected by mining without prior notification to the department of such cessation of activities or without describing such cessation in a mined land-use plan approved by the department, and after opportunity to be heard. See N.Y. Environmental Conservation Law 23-2705
• Acid deposition: means the wet or dry deposition from the atmosphere of chemical compounds, usually in the form of rain or snow, having the potential to form an aqueous compound with a pH level lower than the level considered normal under natural conditions, or lower than 5. See N.Y. Environmental Conservation Law 19-0903
• Act: means the Federal Clean Air Act, 42 U. See N.Y. Environmental Conservation Law 19-0107
• Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• Administrator: means the administrator of the United States environmental protection agency. See N.Y. Environmental Conservation Law 19-0107
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Air contaminant: means a dust, fume, gas, mist, odor, smoke, vapor, pollen, noise or any combination thereof. See N.Y. Environmental Conservation Law 19-0107
• Air contamination: means the presence in the outdoor atmosphere of one or more air contaminants which contribute or which are likely to contribute to a condition of air pollution. See N.Y. Environmental Conservation Law 19-0107
• Air contamination source: means any source at, from or by reason of which there is emitted into the atmosphere any air contaminant, regardless of who the person may be who owns or operates the building, premises or other property in, at or on which such source is located or the facility, equipment or other property by which the emission is caused or from which the emission comes. See N.Y. Environmental Conservation Law 19-0107
• Air pollution: means the presence in the outdoor atmosphere of one or more air contaminants in quantities, of characteristics and of a duration which are injurious to human, plant or animal life or to property or which unreasonably interfere with the comfortable enjoyment of life and property throughout the state or throughout such areas of the state as shall be affected thereby; excluding however all conditions subject to the requirements of the Labor Law and Industrial Code. See N.Y. Environmental Conservation Law 19-0107
• Allegation: something that someone says happened.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Amortization: Paying off a loan by regular installments.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Applicant: means that person making application to the department for a mining permit. See N.Y. Environmental Conservation Law 23-2705
• Appraisal: A determination of property value.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Area of the state: means any county, city, town, village, or other geographical area of the state as may be designated by the department. See N.Y. Environmental Conservation Law 19-0107
• Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Best available control technology: means an emission limitation or equipment standard based on the maximum degree of reduction which the department determines is achievable on a case-by-case basis taking into account energy, economic, environmental and health impacts and other costs related to the source. See N.Y. Environmental Conservation Law 19-0903
• Best management practices: means methods, measures or practices determined to be the most practical and effective in preventing or reducing the impact of pollutants generated by nonpoint sources to a level compatible with water quality standards established pursuant to section 17-0301 of this article. See N.Y. Environmental Conservation Law 17-1403
• Buffer zone: means all that area outside and surrounding the underground gas storage reservoir which the department approves as appropriate to protect the integrity of the reservoir, no part of which shall be more than thirty-five hundred linear feet from the boundary thereof. See N.Y. Environmental Conservation Law 23-0101
• Cavity: means an open or partially open space left after a salt has been solution mined. See N.Y. Environmental Conservation Law 23-0101
• Chambers: A judge's office.
• Clean alternative fuels: means fuels, for use in motor vehicles which meet the requirements of section 7511a(c)(4) of the Act. See N.Y. Environmental Conservation Law 19-0107
• Clean fuel vehicle: means a vehicle in a class or category of vehicles which has been certified to meet, for any model year, the clean fuel vehicle standards for clean fuel vehicles specified in this article pursuant to section 7583 of the Act. See N.Y. Environmental Conservation Law 19-0107
• Coal: means bituminous coal, anthracite coal or lignite. See N.Y. Environmental Conservation Law 19-0903
• Commissioner: means the commissioner of environmental conservation. See N.Y. Environmental Conservation Law 23-0101
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Compost: means the biologically stable humus-like material derived from composting or the aerobic, thermophilic decomposition of organic matter. See N.Y. Environmental Conservation Law 17-2101
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Conversion or modification: means any construction, reconstruction, addition to or alteration of any facility or stationary source or other physical changes to allow burning of coal as a boiler fuel. See N.Y. Environmental Conservation Law 19-0903
• Conviction: A judgement of guilt against a criminal defendant.
• 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 fleet: means ten or more motor vehicles which are owned or operated by a single person in an area designated as being a severe ozone non-attainment area by the administrator pursuant to Title I of the Act. See N.Y. Environmental Conservation Law 19-0107
• Cross examine: Questioning of a witness by the attorney for the other side.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the department of environmental conservation. See N.Y. Environmental Conservation Law 23-0101
• Dependent: A person dependent for support upon another.
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Devise: To gift property by will.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• 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. See N.Y. Environmental Conservation Law 27-0303
• District: means a county soil and water conservation district created pursuant to § 5 of the soil and water conservation districts law. See N.Y. Environmental Conservation Law 17-1403
• Donor: The person who makes a gift.
• Emission: means the release of acid deposition precursors into the atmosphere from any facility or stationary source. See N.Y. Environmental Conservation Law 19-0903
• emission reduction credit: means the actual decrease in emissions of a regulated air contaminant in tons per year. See N.Y. Environmental Conservation Law 19-0107
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Environment: means any water, water vapor, any land including land surface or subsurface, air, fish, wildlife, biota and all other natural resources. See N.Y. Environmental Conservation Law 27-0303
• Environmental threshold value: means a deposition rate, expressed in kilograms of sulfate per hectare per year, at which no significant damaging chemical or biological effects of acid deposition have been reported, and above which there is high probability that such effects would occur. See N.Y. Environmental Conservation Law 19-0903
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• 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.
• Ex officio: Literally, by virtue of one's office.
• Executor: A male person named in a will to carry out the decedent
• Facility: means a single property or contiguous or adjacent properties used for a common purpose which are owned or operated by the same person on or in which are located:
  
  a. See N.Y. Environmental Conservation Law 17-1003
• facility: means a steam electric generating facility with a generating capacity of fifty thousand kilowatts or more which burns fossil fuel. See N.Y. Environmental Conservation Law 19-0903
• Fertilizer: means the same as "specialty fertilizer" as defined in § 143 of the agriculture and markets law. See N.Y. Environmental Conservation Law 17-2101
• Fiduciary: A trustee, executor, or administrator.
• Field: means the general area underlaid by one or more pools. See N.Y. Environmental Conservation Law 23-0101
• Final control target: means a limitation, expressed in terms of fuel sulfur content or equivalent emissions reductions, that will reduce the New York state share of total measured or estimated wet sulfate deposition in sensitive receptor areas by the percentage derived according to the following formula:
  
  (Total measured or estimated New York's contribution to wet sulfate deposition) minus total measured or esti- (Environmental threshold value) mated wet sulfate deposition, X _______________________________ expressed as a percentage
  
  Total measured or estimated
  
  wet sulfate deposition
  
  9. See N.Y. Environmental Conservation Law 19-0903
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Fossil fuel: means coal, petroleum products and fuel gases. See N.Y. Environmental Conservation Law 19-0903
• Fraud: Intentional deception resulting in injury to another.
• Fugitive emissions: means those emissions of regulated air contaminants which could not reasonably pass through a stack, chimney, vent or other functionally-equivalent openings. See N.Y. Environmental Conservation Law 19-0107
• Fund: means the oil and gas fund as established in § 83-a of the state finance law. See N.Y. Environmental Conservation Law 23-0101
• Gas: means all natural, manufactured, mixed, and byproduct gas, and all other hydrocarbons not defined as oil in this section. See N.Y. Environmental Conservation Law 23-0101
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Grantor: The person who establishes a trust and places property into it.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Industrial-commercial waste: means a waste which originates at, is generated by, or occurs as a result of any industrial or commercial activity. See N.Y. Environmental Conservation Law 27-0303
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Interim control target: means a limitation, expressed in terms of fuel sulfur content, that achieves a level of sulfur deposition reduction that is approximately forty per centum of the final control target. See N.Y. Environmental Conservation Law 19-0903
• Intestate: Dying without leaving a will.
• 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.
• land affected by mining: means the sum of that surface area of land or land under water which: (i) has been disturbed by mining since April first, nineteen hundred seventy-five and not been reclaimed, and (ii) is to be disturbed by mining during the term of the permit to mine. See N.Y. Environmental Conservation Law 23-2705
• leak: means any escape of petroleum from the ordinary containers employed in the normal course of storage, transfer, processing or use. See N.Y. Environmental Conservation Law 17-1003
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Least emissions dispatch: means the utilization of the cleanest facility or other stationary source on a priority basis so that less clean facilities or stationary sources are operated at full capacity only when need arises. See N.Y. Environmental Conservation Law 19-0903
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Liquefied natural or petroleum gas facility: means any structure or facility which is used for the storage or confinement of liquefied natural or petroleum gas, or for the conversion of liquefied natural or petroleum gas into natural gas. See N.Y. Environmental Conservation Law 23-1705
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Local agency: means any local agency, board, authority, school district, commission or governing body, including any county, city, town, village or other political subdivision of the state. See N.Y. Environmental Conservation Law 23-0101
• Low-level radioactive waste: means radioactive material that:
  
  a. See N.Y. Environmental Conservation Law 27-0303
• Major industrial grouping: means all activities belonging to the same major group identified in the Standard Industrial Classification Manual (1987) published by the United States department of commerce. See N.Y. Environmental Conservation Law 19-0107
• major stationary source: means any stationary source or any group of stationary sources located within a contiguous area and under common control and belonging to a single major industrial grouping that:
  
  a. See N.Y. Environmental Conservation Law 19-0107
• Majority leader: see Floor Leaders
• Mine: means any excavation from which a mineral is to be produced for sale or exchange, or for commercial, industrial or municipal use; all haulageways and all equipment above, on or below the surface of the ground used in connection with such excavation, and all lands included in the life of the mine review by the department. See N.Y. Environmental Conservation Law 23-2705
• Mined land-use plan: means a document, consisting of a mining plan and a reclamation plan, which describes proposals for conduct of the applicant's mining operation and reclamation of the land to be mined to achieve the purposes of this title. See N.Y. Environmental Conservation Law 23-2705
• Mineral: means any naturally formed, usually inorganic, solid material located on or below the surface of the earth. See N.Y. Environmental Conservation Law 23-2705
• Mining: means the extraction of overburden and minerals from the earth; the preparation and processing of minerals, including any activities or processes or parts thereof for the extraction or removal of minerals from their original location and the preparation, washing, cleaning, crushing, stockpiling or other processing of minerals at the mine location so as to make them suitable for commercial, industrial, or construction use; exclusive of manufacturing processes, at the mine location; the removal of such materials through sale or exchange, or for commercial, industrial or municipal use; and the disposition of overburden, tailings and waste at the mine location. See N.Y. Environmental Conservation Law 23-2705
• Mining plan: means a description of the applicant's mining operation which shall include maps, plans, written materials and other documents as required by the department. See N.Y. Environmental Conservation Law 23-2705
• Minority leader: See Floor Leaders
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Municipal corporation: means a county, city, town or village or an entity designated to act on behalf of such. See N.Y. Environmental Conservation Law 17-1403
• Natural gas: means natural or petroleum gas in a non-liquid or gaseous state, whether under pressure or otherwise, and whether or not the product of conversion from liquefied natural gas or liquefied petroleum gas. See N.Y. Environmental Conservation Law 23-1705
• non-agricultural turf: means any non-crop land area that is covered by any grass species. See N.Y. Environmental Conservation Law 17-2101
• Non-conforming facility: means a liquefied natural or petroleum gas facility in actual use and operation on September first, nineteen hundred seventy-six which is exempted from the requirements of section 23-1707 but is subject to the requirements of section 23-1719. See N.Y. Environmental Conservation Law 23-1705
• Nonpoint source: means any source of water pollution or pollutants which is not a discrete conveyance or point source permitted pursuant to title seven or eight of this article. See N.Y. Environmental Conservation Law 17-1403
• Oath: A promise to tell the truth.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• offset: means emission reductions or emission reduction credits which are required to be obtained by an air contamination source in order to obtain approval for a permit to construct a new air contamination source, or modify an existing air contamination source, in a non-attainment area pursuant to Title I of the Act. See N.Y. Environmental Conservation Law 19-0107
• Oil: means crude petroleum oil and all other hydrocarbons, regardless of gravity, that are produced at the wellhead in liquid form by ordinary production methods and that are not the result of condensation of gas. See N.Y. Environmental Conservation Law 23-0101
• Operating permit: means a permit issued pursuant to section 19-0311 of this article. See N.Y. Environmental Conservation Law 19-0107
• Operator: means any person who leases, operates, controls or supervises a facility. See N.Y. Environmental Conservation Law 17-1003
• Overburden: means all of the earth, vegetation and other materials which lie above or alongside a mineral deposit. See N.Y. Environmental Conservation Law 23-2705
• Owner: means the person who has the right to drill into and produce from a pool or a salt deposit and to appropriate the oil, gas or salt he produces either for himself or others, or for himself and others. See N.Y. Environmental Conservation Law 23-0101
• Owner: means any person who has legal or equitable title to a facility. See N.Y. Environmental Conservation Law 17-1003
• 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.
• Permit: means an environmental safety permit issued by the department pursuant to this title. See N.Y. Environmental Conservation Law 23-1705
• Permittee: means any person who holds a valid mining permit from the department for the boundaries of the land identified in the mined land-use plan. See N.Y. Environmental Conservation Law 23-2705
• Person: means any individual, public or private corporation, political subdivision, agency, board, department or bureau of the state, municipality, partnership, association, firm, trust, estate or any other legal entity whatsoever which is recognized by law as the subject of rights and duties. See N.Y. Environmental Conservation Law 19-0107
• Person: means any individual, public or private corporation, political subdivision, government agency, department or bureau of the state, municipality, industry, partnership, association, firm, trust, estate or any other legal entity whatsoever. See N.Y. Environmental Conservation Law 23-2705
• 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. See N.Y. Environmental Conservation Law 27-0303
• Person: means and includes any natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, or other representative of any kind, and includes any department, agency or instrumentality of the state or any of its governmental subdivisions. See N.Y. Environmental Conservation Law 23-0101
• Person: means any individual, corporation, partnership, association, cooperative or otherwise, trust or estate, governmental agency, authority, public benefit corporation, municipality or agency thereof, board or commission, or other public or private legal entity. See N.Y. Environmental Conservation Law 23-1705
• Person engaged in mining: means a person who is subject to this title but who is mining without a mining permit issued by the department. See N.Y. Environmental Conservation Law 23-2705
• Personal property: All property that is not real property.
• Petroleum: means :
  
  a. See N.Y. Environmental Conservation Law 17-1003
• Petty offense: A federal misdemeanor punishable by six months or less in prison. ^{Source: U.S. Courts}
• Phosphorus fertilizer: means fertilizer in which the available phosphate (P205) content is greater than 0. See N.Y. Environmental Conservation Law 17-2101
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• political subdivision: as used in this Article , shall mean and include, in addition to its usual meaning, water districts, water supply districts, and any other public authorities, public corporations, commissions or bodies having power to own, acquire, or contract for a public water supply. See N.Y. Environmental Conservation Law 21-1701
• Pool: means an underground reservoir containing a common accumulation of oil or gas or both; each zone of a structure which is completely separated from any other zone in the same structure is a pool. See N.Y. Environmental Conservation Law 23-0101
• Potential to emit: means the maximum capacity of a stationary source to emit any regulated air contaminant under its physical and operational design. See N.Y. Environmental Conservation Law 19-0107
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Producer: means the owner of a well or wells capable of producing oil, gas, or salt; or any salt or hydrocarbon mixture. See N.Y. Environmental Conservation Law 23-0101
• Product: means any commodity made from oil or gas and includes refined crude oil, crude tops, topped crude, processed crude, processed crude petroleum, residue from crude petroleum, cracking stock, uncracked fuel oil, fuel oil, treated crude oil, residuum, gas oil, casinghead gasoline, natural-gas gasoline, kerosene, benzine, wash oil, waste oil, blended gasoline, lubricating oil, blends or mixtures of oil with one or more liquid products or by-products derived from oil or gas, and blends or mixtures of two or more liquid products or by-products derived from oil or gas, whether herein enumerated or not. See N.Y. Environmental Conservation Law 23-0101
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Reclamation: means the conditioning of the affected land to make it suitable for any uses or purposes consistent with the provisions of this title. See N.Y. Environmental Conservation Law 23-2705
• Reclamation plan: means a description of operations to be performed by the applicant to reclaim the land to be mined over the life of the mine. See N.Y. Environmental Conservation Law 23-2705
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• Regulated air contaminant: means the following:
  
  a. See N.Y. Environmental Conservation Law 19-0107
• 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. See N.Y. Environmental Conservation Law 27-0303
• 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.
• Reservoir: means any underground reservoir, natural or artificial cavern or geologic dome, sand or stratigraphic trap, whether or not previously occupied by or containing oil or gas. See N.Y. Environmental Conservation Law 23-0101
• Salt: means sodium chloride, evaporite or other water soluble minerals, either in solution or as a solid or crystalline material in a pure state or as a mixture. See N.Y. Environmental Conservation Law 23-0101
• secondary materials: shall mean material recovered from or otherwise destined for the waste stream, including but not limited to, post-consumer material, industrial scrap material and overstock or obsolete inventories from distributors, wholesalers and other companies as defined in rules and regulations promulgated by the commissioner of economic development in consultation with the commissioner but such term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process. See N.Y. Environmental Conservation Law 27-0401
• Sensitive receptor areas: means regions of the state, encompassing geographically significant land areas not wholly contained within any county, that the department determines to be susceptible to the impacts of acid deposition based upon:
  
  a. See N.Y. Environmental Conservation Law 19-0903
• Septage: means the contents of a septic tank, cesspool or other individual sewage treatment facility which receives domestic sewage wastes. See N.Y. Environmental Conservation Law 27-0303
• Service of process: The service of writs or summonses to the appropriate party.
• Solution mining: means the dissolving of an underground salt by water to produce a brine for transport to another underground or surface location for sale, processing or storage. See N.Y. Environmental Conservation Law 23-0101
• Special limitation: means a special fuel use limitation for a specific facility, stationary source, or specified area of the state promulgated by the department in rules and regulations that permits the sale, offering for sale, purchase and use of oil or coal with a sulfur content in excess of established sulfur limits, when acceptable diffusion analyses have demonstrated to the department's satisfaction that such use would not contribute to the contravention of any applicable federal ambient air quality standard nor significantly increase acid deposition at sensitive receptor areas. See N.Y. Environmental Conservation Law 19-0903
• Spoil: means any waste material removed from its natural place in the process of mining and all waste material directly connected with the cleaning and preparation of any minerals. See N.Y. Environmental Conservation Law 23-2705
• Statewide spacing: means spacing units for gas or oil wells that are within ten percent of the following sizes, as applicable, unless another percentage is specifically stated:
  
  (i) For Medina gas pools at any depth, 40 acres with the wellbore within the target formation no less than 460 feet from any unit boundary, plus, if applicable, the number of additional acres necessary and sufficient to ensure that any horizontal wellbore within the target formation is not less than 460 feet from any unit boundary;
  
  (ii) For Onondaga reef or Oriskany gas pools at any depth, 160 acres with the wellbore within the target formation no less than 660 feet from any unit boundary, plus, if applicable, the number of additional acres necessary and sufficient to ensure that any horizontal wellbore within the target formation is not less than 660 feet from any unit boundary;
  
  (iii) For fault-bounded Trenton and/or Black River hydrothermal dolomite gas pools where the majority of the pool is between 4,000 and 8,000 feet deep, 320 acres with the proposed productive section of the wellbore within the target formation no less than one-half mile from any other well in another unit in the same pool and no less than 1,000 feet from any unit boundary that is not defined by a field-bounding fault but in no event less than 660 feet from any unit boundary;
  
  (iv) For fault-bounded Trenton and/or Black River hydrothermal dolomite gas pools where the majority of the pool is below 8,000 feet, within five percent of 640 acres with the proposed productive section of the wellbore within the target formation no less than one mile from any other well in another unit in the same pool and no less than 1,500 feet from any unit boundary that is not defined by a field-bounding fault but in no event less than 660 feet from any unit boundary;
  
  (v) For shale gas pools at any depth, for a vertical well outside any existing spacing unit for the same formation, 40 acres with the wellbore within the target formation no less than 460 feet from any unit boundary;
  
  (vi) For shale gas pools at any depth, for a horizontal well outside any existing spacing unit for the same formation and with a written commitment from the well operator to drill infill wells pursuant to subdivision 4 of section 23-0503 of this title, with all horizontal infill wells in the unit to be drilled from a common well pad within three years of the date the first well in the unit commences drilling, notwithstanding the ten percent tolerance specified in this subparagraph, up to 640 acres with the initial horizontal wellbore or wellbores within the target formation approximately centered in the spacing unit and no wellbore in the target formation less than 330 feet from any unit boundary;
  
  (vii) For shale gas pools at any depth, for a horizontal well outside any existing spacing unit for the same formation and in the absence of a written commitment from the well operator to drill infill wells pursuant to subdivision 4 of section 23-0503 of this title, 40 acres with the wellbore within the target formation no less than 330 feet from any unit boundary plus the number of additional acres necessary and sufficient to ensure that the wellbore within the target formation is not less than 330 feet from any unit boundary;
  
  (viii) For all other gas pools where the majority of the pool is above the depth of 4,000 feet, 80 acres with the wellbore within the target formation no less than 460 feet from any unit boundary, plus, if applicable, the number of additional acres necessary and sufficient to ensure that any horizontal wellbore within the target formation is not less than 460 feet from any unit boundary;
  
  (ix) For all other gas pools where the majority of the pool is 4,000 to 6,000 feet deep, 160 acres with the wellbore within the target formation no less than 660 feet from any unit boundary, plus, if applicable, the number of additional acres necessary and sufficient to ensure that any horizontal wellbore within the target formation is not less than 660 feet from any unit boundary;
  
  (x) For all other gas pools where the majority of the pool is 6,000 to 8,000 feet deep, 320 acres with the wellbore within the target formation no less than 1,000 feet from any unit boundary, plus, if applicable, the number of additional acres necessary and sufficient to ensure that any horizontal wellbore within the target formation is not less than 1,000 feet from any unit boundary;
  
  (xi) For all other gas pools where the majority of the pool is below 8,000 feet, within five percent of 640 acres with the wellbore within the target formation no less than 1,500 feet from any unit boundary, plus, if applicable, the number of additional acres necessary and sufficient to ensure that any horizontal wellbore within the target formation is not less than 1,500 feet from any unit boundary;
  
  (xii) For oil pools in the Bass Island, Trenton, Black River, Onondaga reef or other oil-bearing reefs at any depth, 40 acres with the wellbore within the target formation no less than 460 feet from any unit boundary, plus, if applicable, the number of additional acres necessary and sufficient to ensure that any horizontal wellbore within the target formation is not less than 460 feet from any unit boundary; and
  
  (xiii) For all other oil pools at any depth, the wellbore within the target formation shall be no less than 165 feet from any lease boundary. See N.Y. Environmental Conservation Law 23-0501
• Stationary source: means any building, structure, facility or installation that emits or may emit any regulated air contaminant. See N.Y. Environmental Conservation Law 19-0107
• Stationary source: means any source other than major steam electric generating facilities that emits acid deposition precursors in excess of one hundred tons per year. See N.Y. Environmental Conservation Law 19-0903
• Statute: A law passed by a legislature.
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• 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. See N.Y. Environmental Conservation Law 27-0303
• Subpoena: A command to a witness to appear and give testimony.
• Subpoena duces tecum: A command to a witness to produce documents.
• Summons: Another word for subpoena used by the criminal justice system.
• Tailings: means material of inferior quality or value resulting from the removal, preparation or processing of minerals. See N.Y. Environmental Conservation Law 23-2705
• tank: includes all associated pipes, lines, fixtures and other ancillary equipment. See N.Y. Environmental Conservation Law 17-1003
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• Venue: The geographical location in which a case is tried.
• Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
• 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. See N.Y. Environmental Conservation Law 27-0303
• Waste: means
  
  a. See N.Y. Environmental Conservation Law 23-0101
• 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. See N.Y. Environmental Conservation Law 27-0303
• 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. See N.Y. Environmental Conservation Law 27-0303
• Well operator: means the applicant for a permit to drill, deepen, plug back or convert a well subject to this title and titles 7 and 9 of this article, or the actual operator of the well if the well is not operated by the original applicant. See N.Y. Environmental Conservation Law 23-0501
• well permit: means a permit to drill, deepen, plug back or convert a well for production of oil or gas. See N.Y. Environmental Conservation Law 23-0501