N.Y. Environmental Conservation Law 71-2719 – Presumptions
§ 71-2719. Presumptions.
Terms Used In N.Y. Environmental Conservation Law 71-2719
- 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.
1. Possession of fifteen hundred gallons or fifteen thousand pounds, whichever is less, of an aggregate weight or volume of hazardous wastes or substances hazardous to public health, safety or the environment, shall be presumptive evidence of knowledge on the part of the person in possession that the material is a hazardous waste or a substance hazardous to public health, safety or the environment; and
2. Possession of five gallons or fifty pounds, whichever is less, of an aggregate weight or volume of acute hazardous wastes or substances acutely hazardous to public health, safety or the environment shall be presumptive evidence of knowledge on the part of the person in possession that the material is an acute hazardous waste or a substance acutely hazardous to public health, safety or the environment.