Sections
Title 1 Definitions 23-0101 – 23-0102
Title 3 General Provisions 23-0301 – 23-0313
Title 5 Well Permits and Well Spacing in Oil and Natural Gas Pools and Fields 23-0501 – 23-0503
Title 7 Voluntary Integration and Unitization in Oil and Natural Gas Pools and Fields 23-0701
Title 9 Compulsory Integration and Unitization in Oil and Natural Gas Pools and Fields 23-0901
Title 11 Leases for Production and Storage of Oil and Gas On State Lands 23-1101 – 23-1105
Title 13 Underground Storage of Gas 23-1301 – 23-1307
Title 17 Liquefied Natural and Petroleum Gas 23-1701 – 23-1727
Title 19 Oil, Gas and Solution Mining Regulation and Reclamation Fee 23-1901 – 23-1903
Title 21 Interstate Compact to Conserve Oil and Gas 23-2101
Title 23 Rerefining of Used Oil 23-2301 – 23-2311
Title 24 New York State Oil Energy Conservation Program 23-2401 – 23-2402
Title 27 New York State Mined Land Reclamation Law 23-2701 – 23-2723

Terms Used In New York Laws > Environmental Conservation > Article 23 - Mineral Resources

  • Abatement: means the removal of a sufficient number of waste tires from a noncompliant waste tire stockpile and restoration of the site to a condition that is in substantial compliance with the rules and regulations administered by the department for waste tire storage facilities. See N.Y. Environmental Conservation Law 27-1901
  • Acquiring corporation: means a corporation that is participating in a procedure pursuant to which such corporation is acquiring all of the outstanding shares of one or more classes of a subject corporation. See N.Y. Business Corporation Law 913
  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • 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.
  • 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.
  • Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. Source: FDIC
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Applicant: means that person making application to the department for a mining permit. See N.Y. Environmental Conservation Law 23-2705
  • architectural paint: means interior and exterior architectural coatings sold in containers of five gallons or less; provided, however, that "architectural paint" shall not include industrial, original equipment or specialty coatings. See N.Y. Environmental Conservation Law 27-2001
  • 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.
  • Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Authorized internet entity: means any business, organization or other entity providing or offering a service over the internet which permits persons under eighteen years of age to access, meet, congregate or communicate with other users for the purpose of social networking. See N.Y. Correction Law 168-A
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bank: means a bank, trust company, private banker, savings bank, savings and loan association, credit union, investment company organized under article twelve of this chapter and authorized to accept deposits, national bank, federal savings association, federal credit union, or out-of-state state bank, as such term is defined in subdivision two of section two hundred twenty-two of this chapter, having a principal, branch or trust office in this state. See N.Y. Banking Law 554
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • battery manufacturer: means every person, firm or corporation that: (i) produces rechargeable batteries sold or distributed in the state, or packages such batteries for sale in the state, except that if such production or packaging is for a distributor having the right to produce or otherwise package that same brand of battery in the state, then such distributor shall be deemed to be the battery manufacturer; or (ii) imports rechargeable batteries into the United States that are sold or distributed in the state;

    2. See N.Y. Environmental Conservation Law 27-1803

  • Beneficial use: means the use of solid waste material, which would otherwise need to be placed in a landfill or disposed of through alternative means, in such a manner that the nature of the use of the material constitutes a reuse rather than disposal. See N.Y. Environmental Conservation Law 27-1901
  • 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
  • Bequest: Property gifted by will.
  • Cathode ray tube: means a vacuum tube or picture tube used to convert an electronic signal into a visual image. See N.Y. Environmental Conservation Law 27-2601
  • Cavity: means an open or partially open space left after a salt has been solution mined. See N.Y. Environmental Conservation Law 23-0101
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • City: means the City of New York. See N.Y. Correction Law 150
  • Collector: means any person who accepts mercury-added consumer products in order to transfer them to a solid waste management facility, a hazardous waste management facility or another collector. See N.Y. Environmental Conservation Law 27-2101
  • Commission: means the local conditional release commission. See N.Y. Correction Law 270
  • Commissioner: means the commissioner of correction of the city provided, however, that if there shall be established by law a correctional administration in the city, "commissioner" shall mean the correctional administrator of the City. See N.Y. Correction Law 150
  • Commissioner: shall mean the commissioner of consumer and worker protection. See N.Y. New York City Administrative Code 20-102
  • Commissioner: means the commissioner of correction in a city having a population of one million or more or that official having similar duties in any county which elects to have this article apply thereto, by whatever title he may be known. See N.Y. Correction Law 631
  • Commissioner: means the commissioner of the department of labor. See N.Y. Labor Law 930
  • Computer: means an electronic, magnetic, optical, electrochemical or other high-speed data processing device performing a logical, arithmetic or storage function, including a laptop computer and desktop computer, and includes any cable, cord, or wiring permanently affixed to or incorporated into such product, and may include both a computer central processing unit and a monitor; but such term shall not include an automated typewriter or typesetter, a portable hand-held calculator, a portable digital assistant, server, or other similar device. See N.Y. Environmental Conservation Law 27-2601
  • Consolidated corporation: means the new corporation into which two or more constituent corporations are consolidated. See N.Y. Business Corporation Law 901
  • Consolidation: means a procedure of the character described in subparagraph (a) (2). See N.Y. Business Corporation Law 901
  • Constituent corporation: means an existing corporation that is participating in the merger or consolidation with one or more other corporations. See N.Y. Business Corporation Law 901
  • Constituent entity: means a domestic or foreign corporation or other business entity, that is participating in the merger or consolidation with one or more domestic or foreign corporations. See N.Y. Business Corporation Law 901
  • consumer: means any person who purchases one or more rechargeable batteries, or products containing such batteries at the time of sale, for personal use;

    3. See N.Y. Environmental Conservation Law 27-1803

  • Consumer: means any person who purchases a mercury-added consumer product for use other than resale. See N.Y. Environmental Conservation Law 27-2101
  • Consumer: means a person located in the state who owns or uses covered electronic equipment, including but not limited to an individual, a business, corporation, limited partnership, not-for-profit corporation, the state, a public corporation, public school, school district, private or parochial school or board of cooperative educational services or governmental entity, but does not include an entity involved in a wholesale transaction between a distributor and retailer. See N.Y. Environmental Conservation Law 27-2601
  • Container: shall mean any portable device in which a material is stored, transported, treated, disposed of or otherwise handled. See N.Y. Environmental Conservation Law 27-2301
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Corporation: means and includes all mutual savings banks, mutual savings and loan associations, mutual holding companies and credit unions. See N.Y. Banking Law 9001
  • County: means each county in the state, except a county within the city of New York. See N.Y. Correction Law 270
  • County executive: means the county commissioner, county manager, county director or county president. See N.Y. Correction Law 270
  • Covered electronic equipment: means : a computer; computer peripheral; small electronic equipment; small-scale server; cathode ray tube; or television, as defined in this section. See N.Y. Environmental Conservation Law 27-2601
  • creosote: means a substance obtained from the high temperature treatment of coal and coal tar and that is used primarily as a wood preservative. See N.Y. Environmental Conservation Law 27-2501
  • Cross examine: Questioning of a witness by the attorney for the other side.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • department: means the department of environmental conservation. See N.Y. Environmental Conservation Law 27-2001
  • Department: means the department of environmental conservation. See N.Y. Environmental Conservation Law 23-0101
  • Department: means the department of correction of the city provided, however, that if there shall be established by law a correctional administration in the city, "department" shall mean such administration. See N.Y. Correction Law 150
  • Department: shall mean the department of consumer and worker protection. See N.Y. New York City Administrative Code 20-102
  • Department: means the applicable department of correction or, where no such department exists, the office of the commissioner. See N.Y. Correction Law 631
  • Department: means the department of labor. See N.Y. Labor Law 930
  • 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.
  • Director: means any member of the governing board of a corporation, whether designated as director, trustee, manager, governor or by any other title; the term "board" means "board of directors. See N.Y. Banking Law 9001
  • Discharge: shall mean the accidental or intentional spilling, leaking, pumping, pouring, emitting, emptying or dumping of any solid waste, or solid waste constituent, including leachate, into or on any air, land or water. See N.Y. Environmental Conservation Law 27-2301
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • 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 27-2101
  • Distributor: means any person who sells mercury-added consumer products to a retailer in this state, including any manufacturer who sells to retailers in the state. See N.Y. Environmental Conservation Law 27-2101
  • Division: means the division of criminal justice services as defined by § 837 of the executive law. See N.Y. Correction Law 168-A
  • Division: means the division of criminal justice services. See N.Y. Correction Law 270
  • Donor: The person who makes a gift.
  • drug: means any drug, as defined in subdivision seven of section sixty-eight hundred two of the education law. See N.Y. Environmental Conservation Law 27-2701*2
  • Electronic waste: means covered electronic equipment that has been discarded or is no longer wanted by its owner, or for any other reason enters the waste collection, recovery, treatment, processing, or recycling system. See N.Y. Environmental Conservation Law 27-2601
  • Electronic waste collection site: means a facility at a fixed or temporary site at which electronic waste is accepted from consumers and temporarily stored for more than five days in a calendar year before

    such waste is transported to an electronic waste consolidation facility or electronic waste recycling facility. See N.Y. Environmental Conservation Law 27-2601

  • Electronic waste consolidation facility: means a facility that receives and stores electronic waste for the purpose of organizing, categorizing or consolidating items of electronic waste before such waste is transported to an electronic waste recycling facility. See N.Y. Environmental Conservation Law 27-2601
  • Electronic waste recycling facility: means a facility at which electronic waste is recycled. See N.Y. Environmental Conservation Law 27-2601
  • Eligible incarcerated individual: means a person confined in a city prison or reformatory in a city having a population of one million or more or in a county jail and penitentiaries of a county which elects to have this article apply thereto where a furlough program has been established who is sentenced to a definite period of six months or more or to a reformatory sentence of imprisonment and has served a minimum of six months of any such sentence. See N.Y. Correction Law 631
  • emergency financial control board: shall mean any such board established by state law for the municipality, and the term "covered organization" shall mean any such organization as defined in the act declaring that a state of financial emergency exists for such municipality. See N.Y. Local Finance Law 85.00
  • End of life vehicle: shall mean any motor vehicle sold, given, or otherwise disposed of as junk or salvage. See N.Y. Environmental Conservation Law 27-2301
  • End use: means that a product requires no further processing or manufacturing and is used by a consumer for the product's intended application. See N.Y. Environmental Conservation Law 27-1901
  • End user: means the ultimate customer of a finished product. See N.Y. Environmental Conservation Law 27-1901
  • entire board: means the total number of directors which the corporation would have if there were no vacancies. See N.Y. Business Corporation Law 702
  • environmentally sound management practices: means procedures for the collection, storage, transportation, reuse, recycling and disposal of architectural paint, to be implemented by the producer or representative organization or by the producers or representative organization's contracted partners to ensure compliance with all applicable federal, state and local laws and any regulations and ordinances for the protection of human health and the environment and these procedures shall address adequate record keeping, tracking and documenting of the final disposition of materials. See N.Y. Environmental Conservation Law 27-2001
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Examining physician: means a physician licensed to practice medicine in the state of New York, but who is not on the staff of the facility where the incarcerated individual is confined. See N.Y. Correction Law 400
  • Executor: A male person named in a will to carry out the decedent
  • Extended bounds of confinement: means the area in which an incarcerated individual participating in a furlough program may travel, the routes he or she is permitted to use, the places he or she is authorized to visit, and the hours, days, or specially defined period during which he or she is permitted to be absent from the premises of the institution. See N.Y. Correction Law 631
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • 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
  • Film plastic: means uncontaminated non-rigid film plastic packaging products composed of plastic resins, which include, but are not limited to, newspaper bags, dry cleaning bags and shrink-wrap. See N.Y. Environmental Conservation Law 27-2701
  • fiscal agent: as used in this title shall mean:

    1. See N.Y. Local Finance Law 70.00

  • Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
    • You are late making a payment or commit some other default, triggering an increase to a penalty rate
    • The bank changes the terms of your account and you do not reject the change.
    • The rate expires (if the rate was fixed for only a certain period of time).
  • food store: means a store selling primarily food and food products for consumption or use off the premises that occupies less than fourteen thousand square feet of display space. See N.Y. Environmental Conservation Law 27-1803
  • 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
  • Foreign corporation: means a non-stock corporation which is licensed by the superintendent under the provisions of article two of this chapter to do business in this state or is applying for such license and a non-stock corporation authorized to conduct business in this state pursuant to article five-C of this chapter or is applying for such authorization. See N.Y. Banking Law 9001
  • Fraud: Intentional deception resulting in injury to another.
  • 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
  • Furlough committee: means the body of persons which may include members of the public, appointed pursuant to regulations promulgated by the commissioner for the purposes of formulating, modifying and revoking furlough programs at an institution. See N.Y. Correction Law 631
  • Furlough program: means a program under which eligible incarcerated individuals may be granted the privilege of leaving the premises of a prison for a period not exceeding seventy-two hours for the purpose of seeking employment, maintaining family ties, solving family problems, to undergo surgery or to receive medical treatment or dental treatment not available in the correctional institution, or for any matter necessary to the furtherance of any such purposes. See N.Y. Correction Law 631
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • 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.
  • Good condition: shall mean no severe rusting, apparent structural defects or deteriorations and not leaking. See N.Y. Environmental Conservation Law 27-2301
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Grantor: The person who establishes a trust and places property into it.
  • Groundwater: shall mean water below the land surface in a saturated zone of soil or rock. See N.Y. Environmental Conservation Law 27-2301
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • 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.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • Hospital: means : (a) a hospital as defined in subdivision two of section four hundred of this chapter and applies to persons committed to such hospital by order of commitment made pursuant to article sixteen of this chapter; or (b) a secure treatment facility as defined in § 10. See N.Y. Correction Law 168-A
  • Hospital: means a hospital in the department of mental hygiene which is designated as such by the commissioner of mental hygiene for the care and treatment of mentally ill incarcerated individuals. See N.Y. Correction Law 400
  • Hospitality personal care product: means a product provided by a hotel and intended to be applied to or used on the human body or any part thereof for cleansing, conditioning, or moisturizing. See N.Y. Environmental Conservation Law 27-3201
  • Hotel: means a building or portion of a building which is regularly used and kept open as such for the lodging of guests. See N.Y. Environmental Conservation Law 27-3201
  • Household: means a single or multiple family residence. See N.Y. Environmental Conservation Law 27-2101
  • In immediate need of care and treatment: means that the incarcerated individual is apparently mentally ill and is not able to be properly cared for at the place where he or she is confined and is in need of immediate care and treatment in a hospital. See N.Y. Correction Law 400
  • In need of care and treatment: means that a person has a mental illness for which in-patient care and treatment in a hospital is necessary. See N.Y. Correction Law 400
  • Incarcerated individual: means a person committed to the custody of the department of corrections and community supervision, or a person convicted of a crime and committed to the custody of the sheriff, the county jail, or a local department of correction. See N.Y. Correction Law 400
  • 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
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Institution: means any institution under the jurisdiction of the commissioner of correction in any city having a population of one million or more or of a county which elects to have this article apply thereto. See N.Y. Correction Law 631
  • Institution of higher education: means an institution in the state providing higher education as such term is defined in subdivision eight of § 2 of the education law. See N.Y. Correction Law 168-A
  • Insured: means a person who enters into a premium finance agreement with a premium finance agency or makes and delivers a premium finance agreement to, or to the order of, an insurance agent or broker, whether or not he is insured under an insurance contract, premiums for which are advanced or to be advanced under the premium finance agreement. See N.Y. Banking Law 554
  • Internet identifiers: means electronic mail addresses and designations used for the purposes of chat, instant messaging, social networking or other similar internet communication. See N.Y. Correction Law 168-A
  • Intestate: Dying without leaving a will.
  • joint indebtedness: means indebtedness contracted for or in relation to a joint service or a joint water, sewage or drainage project and for which the joint faith and credit of the municipal corporations or municipalities would be pledged for the payment thereof. See N.Y. Local Finance Law 15.00
  • joint service: means a municipal facility, service, activity or undertaking described in section one of article eight of the constitution, but shall not include any object or purpose the indebtedness for which would be subject to the limitations of paragraph a of section 150. See N.Y. Local Finance Law 15.00
  • Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
  • Label: means a marker on the surface of covered electronic equipment conveying information; for the purposes of this title, labels must be permanent and can be attached, printed, engraved or incorporated in any other permanent way that is obvious and visible to users of the product. See N.Y. Environmental Conservation Law 27-2601
  • 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
  • Law enforcement agency having jurisdiction: means : (a) (i) the chief law enforcement officer in the village, town or city in which the offender expects to reside upon his or her discharge, probation, parole, release to post-release supervision or upon any form of state or local conditional release; or (ii) if there be no chief law enforcement officer in such village, town or city, the chief law enforcement officer of the county in which the offender expects to reside; or (iii) if there be no chief enforcement officer in such village, town, city or county, the division of state police and (b) in the case of a sex offender who is or expects to be employed by, enrolled in, attending or employed, whether for compensation or not, at an institution of higher education, (i) the chief law enforcement officer in the village, town or city in which such institution is located; or (ii) if there be no chief law enforcement officer in such village, town or city, the chief law enforcement officer of the county in which such institution is located; or (iii) if there be no chief law enforcement officer in such village, town, city or county, the division of state police; and (iv) if such institution operates or employs a campus law enforcement or security agency, the chief of such agency and (c) in the case of a sex offender who expects to reside within a state park or on other land under the jurisdiction of the office of parks, recreation and historic preservation, the state regional park police. See N.Y. Correction Law 168-A
  • 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
  • Lending institution: means a bank or a lender licensed pursuant to article nine of this chapter. See N.Y. Banking Law 554
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • License: shall mean an authorization by the department of consumer and worker protection to carry on various activities within its jurisdiction, which may take the form of a license, permit, registration, certification or such other form as is designated under law, regulation or rule. See N.Y. New York City Administrative Code 20-102
  • 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
  • Local correctional facility: means a local correctional facility as that term is defined in subdivision sixteen of section two of this chapter. See N.Y. Correction Law 168-A
  • Long lifetime: means more than twenty-four thousand hours when tested on a T8 instant start ballast, a T12 rapid start ballast, or a T5 programmed start ballast, and turned on and off every three hours ("three hour starts"). See N.Y. Environmental Conservation Law 27-2101
  • Majority leader: see Floor Leaders
  • Manufacturer: means any person who manufactures mercury-added consumer products. See N.Y. Environmental Conservation Law 27-2101
  • Manufacturer: means a person who: (a) assembles or substantially assembles covered electronic equipment for sale in the state; (b) manufactures covered electronic equipment under its own brand name or under any other brand name for sale in the state; (c) sells, under its own brand name, covered electronic equipment sold in the state; (d) owns a brand name that it licenses to another person for use on covered electronic equipment sold in the state; (e) imports covered electronic equipment for sale in the state; or (f) manufactures covered electronic equipment for sale in the state without affixing a brand name. See N.Y. Environmental Conservation Law 27-2601
  • Manufacturer: means the producer of a plastic carryout bag or film plastic sold to a store or the manufacturer's agent or broker who sold the plastic carryout bag or film plastic to the store. See N.Y. Environmental Conservation Law 27-2701
  • Mental abnormality: means a congenital or acquired condition of a person that affects the emotional or volitional capacity of the person in a manner that predisposes that person to the commission of criminal sexual acts to a degree that makes the person a menace to the health and safety of other persons. See N.Y. Correction Law 168-A
  • Mental illness: means an affliction with a mental disease or mental condition which is manifested by a disorder or disturbance in behavior, feeling, thinking, or judgment to such an extent that the person afflicted requires care and treatment. See N.Y. Correction Law 400
  • Mercury hydrometer: means a mercury-added consumer product used for measuring the specific gravity of a liquid. See N.Y. Environmental Conservation Law 27-2101
  • Mercury sphygmomanometer: means a mercury-added consumer product used for measuring blood pressure in the arteries. See N.Y. Environmental Conservation Law 27-2101
  • Mercury switch: means a mercury-added consumer product or device that opens or closes an electrical circuit or gas valve. See N.Y. Environmental Conservation Law 27-2101
  • Mercury thermometer: means a mercury-added consumer product used for measuring temperature. See N.Y. Environmental Conservation Law 27-2101
  • Mercury thermostat: means a mercury-added consumer product that uses a mercury switch to sense and control room temperature through communication with heating, ventilating or air conditioning equipment. See N.Y. Environmental Conservation Law 27-2101
  • Mercury-added component: means a motor vehicle component that contains greater than fifteen milligrams of mercury, which was intentionally added to such vehicle in order to provide a specific characteristic, appearance or quality, to perform a specific function,

    or for any other purpose. See N.Y. Environmental Conservation Law 27-2101

  • Mercury-added consumer product: means any device or material into which elemental mercury or mercury compounds are intentionally added during such device's or material's formulation or manufacture, and in which the continued presence of mercury is required to provide a specific characteristic, appearance or quality, or to perform a specific function. See N.Y. Environmental Conservation Law 27-2101
  • Merger: means a procedure of the character described in subparagraph (a) (1). See N.Y. Business Corporation Law 901
  • 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
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mold: means any indoor multi-cellular fungi growth capable of creating toxins that can cause pulmonary, respiratory, neurological or other major illnesses after minimal exposure, as such exposure is defined by the environmental protection agency, centers for disease control and prevention, national institute of health, or other federal, state, or local agency organized to study and/or protect human health. See N.Y. Labor Law 930
  • Mold abatement: means the act of removal, cleaning, sanitizing, or surface disinfection of mold, mold containment, and waste handling of mold and materials used to remove mold from surfaces by an individual. See N.Y. Labor Law 930
  • Mold assessment: means an inspection or assessment of real property that is designed to discover mold, conditions that facilitate mold, indicia of conditions that are likely to facilitate mold, or any combination thereof. See N.Y. Labor Law 930
  • Mold remediation: means conducting the business of removal, cleaning, sanitizing, or surface disinfection of mold, mold containment, and waste handling of mold and materials used to remove mold from surfaces by a business enterprise, including but not limited to, sole proprietorships. See N.Y. Labor Law 930
  • Monitor: means a separate visual display component of a computer, whether sold separately or together with a computer central processing unit, and includes a cathode ray tube, liquid crystal display, gas plasma, digital light processing or other image projection technology, greater than four inches when measured diagonally, and its case, interior wires and circuitry, and any cable cord or wiring permanently affixed thereto or incorporated into such product. See N.Y. Environmental Conservation Law 27-2601
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Motor Vehicle: means any device which by virtue of its design could qualify for registration pursuant to section four hundred one, four hundred ten, two thousand two hundred sixty-one, or two thousand two hundred eighty-two of the vehicle and traffic law. See N.Y. Environmental Conservation Law 27-1901
  • municipal corporation: means a county outside the city of New York, a city, a town, a village, or a school district. See N.Y. Local Finance Law 15.00
  • municipality: means a county outside the city of New York, a city, a town or a village. See N.Y. Local Finance Law 15.00
  • 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
  • New tires: means tires that have never been placed on a motor vehicle wheel rim or tires placed on a motor vehicle prior to its original retail sale. See N.Y. Environmental Conservation Law 27-1901
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • 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
  • Noncompliant waste tire stockpile: means a facility, including a waste tire storage facility, parcel of property, or site so designated by the department in accordance with this title, where one thousand or more waste tires or mechanically processed waste tires have been accumulated, stored or buried in a manner that the department or a court of competent jurisdiction has determined violates any judicial administrative order, decree, law, regulation, or permit or stipulation relating to waste tires, waste tire storage facilities or solid waste. See N.Y. Environmental Conservation Law 27-1901
  • Nonresident student: means a person required to register as a sex offender in another jurisdiction who is enrolled on a full-time or part-time basis in any public or private educational institution in this state including any secondary school, trade or professional institution or institution of higher education. See N.Y. Correction Law 168-A
  • 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.
  • obligations: shall mean bonds, notes or other evidences of indebtedness. See N.Y. Local Finance Law 131.00
  • 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
  • Operator: means a person in control of, or having daily responsibility for, the daily operation of a store, which may include, but is not limited to, the owner of the store. See N.Y. Environmental Conservation Law 27-2701
  • Organization: shall mean a business entity, including but not limited to a corporation, trust, estate, partnership, cooperative, association, firm, club or society. See N.Y. New York City Administrative Code 20-102
  • Organization certificate: includes (a) the original organization certificate or any other instrument filed or issued under any statute to form a corporation or foreign corporation, as amended, supplemented or restated by certificates of amendment, merger or consolidation or other certificates or instruments filed or issued under any statute; or (b) a special act or charter creating a corporation or foreign corporation, as amended, supplemented or restated by special acts or by certificates of amendment, merger or consolidation or other certificates or instruments filed or issued under any statute. See N.Y. Banking Law 9001
  • Other business entity: means any person other than a natural person, general partnership (including any registered limited liability partnership or registered foreign limited liability partnership) or a domestic or foreign business corporation. See N.Y. Business Corporation Law 901
  • 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
  • Oversight: Committee review of the activities of a Federal agency or program.
  • 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: shall mean any person or persons who owns a dwelling unit or commercial space located on real property. See N.Y. Environmental Conservation Law 27-2401
  • Paper carryout bag: means a paper bag, other than an exempt bag, that is provided to a customer by a person required to collect tax to be used by the customer to carry tangible personal property, regardless of whether such person required to collect tax sells any tangible personal property or service to the customer, and regardless of whether any tangible personal property or service sold is exempt from tax under Article 28 of the tax law. See N.Y. Environmental Conservation Law 27-2801
  • 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 association, corporation, joint stock company, estate, general partnership (including any registered limited liability partnership or foreign limited liability partnership), limited association, limited liability company (including a professional service limited liability company), foreign limited liability company (including a foreign professional service limited liability company), joint venture, limited partnership, natural person, real estate investment trust, business trust or other trust, custodian, nominee or any other individual or entity in its own or any representative capacity. See N.Y. Business Corporation Law 901
  • 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: shall mean a natural person or an organization. See N.Y. New York City Administrative Code 20-102
  • Person: means any individual, business entity, partnership, company,

    corporation,

    not-for-profit corporation, association, governmental entity, public benefit corporation, public authority, firm, organization, or any other group of individuals, or any officer or employee or agent thereof. See N.Y. Environmental Conservation Law 27-2601

  • Person: means an individual, corporation, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, or any other legal or commercial entity. See N.Y. Banking Law 554
  • 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 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
  • Person required to collect tax: means any vendor of tangible personal property subject to the tax imposed by subdivision (a) of § 1105 of the tax law. See N.Y. Environmental Conservation Law 27-2801
  • Personal property: All property that is not real property.
  • place of business: means the location at which a retailer sells or offers for sale to consumers, rechargeable batteries, or products containing such batteries at the time of sale;

    4. See N.Y. Environmental Conservation Law 27-1803

  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plastic carryout bag: means a plastic carryout bag provided by a store to a customer at the point of sale. See N.Y. Environmental Conservation Law 27-2701
  • 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.
  • 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
  • postconsumer paint: means architectural paint not used and no longer wanted by a consumer. See N.Y. Environmental Conservation Law 27-2001
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • 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.
  • Predatory: means an act directed at a stranger, or a person with whom a relationship has been established or promoted for the primary purpose of victimization. See N.Y. Correction Law 168-A
  • Predicate sex offender: means a sex offender who has been convicted of an offense set forth in subdivision two or three of this section when the offender has been previously convicted of an offense set forth in subdivision two or three of this section. See N.Y. Correction Law 168-A
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Premium finance agency: means :

    (a) a person engaged, in whole or in part, in the business of entering into premium finance agreements with insureds, including a bank if so engaged; or

    (b) a person engaged, in whole or in part, in the business of acquiring premium finance agreements from insurance agents or brokers or other premium finance agencies, including a bank if so engaged and an insurance agent or broker who is licensed as a premium finance agency and who holds premium finance agreements made and delivered by insureds to him or his order. See N.Y. Banking Law 554

  • Premium finance agreement: means a promissory note or other written agreement by which an insured promises or agrees to pay to, or to the order of, either a premium finance agency or an insurance agent or broker the amount advanced or to be advanced under the agreement to an authorized insurer or to an insurance agent or broker in payment of premiums on an insurance contract, together with a service charge as authorized and limited by law. See N.Y. Banking Law 554
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • producer: means a manufacturer of architectural paint who sells, offers for sale or distributes the architectural paint in the state. See N.Y. Environmental Conservation Law 27-2001
  • 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
  • Producer of mercury-added lamps: means any person who:

    (a) manufactures and sells mercury-added lamps under its own brand;

    (b) resells under its own brand equipment produced by other suppliers, a reseller not being regarded as the producer of mercury-added lamps if the brand of the producer of mercury-added lamps appears on the equipment, as provided for in paragraph (a) of this subdivision; or

    (c) serves as the importer or domestic distributor of a mercury-added lamp if the brand name owner is located outside of the United States. See N.Y. Environmental Conservation Law 27-2101

  • 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
  • program: means the postconsumer paint collection program established pursuant to section 27-2003 of this title. See N.Y. Environmental Conservation Law 27-2001
  • Project: means mold remediation, mold assessment, or mold abatement, of areas greater than ten square feet, but does not include (a) routine cleaning or (b) construction, maintenance, repair or demolition of buildings, structures or fixtures undertaken for purposes other than mold remediation or abatement. See N.Y. Labor Law 930
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Quorum: The number of legislators that must be present to do business.
  • Real property: shall mean lands, tenements and hereditaments. See N.Y. Environmental Conservation Law 27-2401
  • rechargeable battery: means any rechargeable nickel-cadmium, sealed lead, lithium ion, nickel metal hydride battery, or any other such dry cell battery capable of being recharged weighing less than twenty-five pounds, or battery packs containing such batteries; but shall not include a battery used as the principal electric power source for a vehicle, such as, but not limited to, an automobile, boat, truck, tractor, golf cart or wheelchair; for storage of electricity generated by an alternative power source, such as solar or wind-driven generators; or for memory backup that is an integral component of an electronic device;

    5. See N.Y. Environmental Conservation Law 27-1803

  • 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
  • Recyclables: means solid waste materials that exhibit the potential to be used to make marketable products for end users. See N.Y. Environmental Conservation Law 27-1901
  • Recycle: means to use recyclables in manufacturing a product for an end use other than burning for recovery of useable energy. See N.Y. Environmental Conservation Law 27-1901
  • Recycle: means to separate, dismantle or process the materials, components or commodities contained in electronic waste for the purpose of preparing the materials, components or commodities for use or reuse in new products or components thereof, but not for energy recovery or energy generation by means of combustion, gasification, pyrolysis or other means. See N.Y. Environmental Conservation Law 27-2601
  • recycling: means a process by which discarded products, components and by-products are transformed into new usable or marketable materials in a manner in which the original products may lose their identity. See N.Y. Environmental Conservation Law 27-2001
  • 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.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • representative organization: means a not-for-profit organization established by producers to implement the postconsumer paint collection program. See N.Y. Environmental Conservation Law 27-2001
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • 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
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Retail sale: means the sale to any person in the state for any purpose other than resale. See N.Y. Environmental Conservation Law 27-1901
  • retailer: means a person, firm or corporation that engages in the sale of rechargeable batteries, or products containing such batteries, to a consumer in the state, including, but not limited to, transactions conducted through sales outlets, catalogs, by mail, telephone or the internet. See N.Y. Environmental Conservation Law 27-1803
  • retailer: means a person that offers architectural paint for sale at retail in the state. See N.Y. Environmental Conservation Law 27-2001
  • Retailer: means any person in this state who sells new mercury-added consumer products to consumers for purposes other than resale. See N.Y. Environmental Conservation Law 27-2101
  • Retailer: means a person who sells covered electronic equipment to a person in the state through any means, including, but not limited to, transactions conducted through retail sales outlets, mail, catalogs, the telephone or the internet, or any electronic means. See N.Y. Environmental Conservation Law 27-2601
  • Reuse: means the return of a product into the economic stream for use in the same kind of application as the product was originally intended to be used, without a change in the product's identity. See N.Y. Environmental Conservation Law 27-2001
  • Reuse: means the use of electronic waste that is tested and certified to be in good working order and which was removed from the waste stream for use for the same purpose for which it was manufactured, including the continued use of whole systems or components. See N.Y. Environmental Conservation Law 27-2601
  • sale: means any transfer for consideration of title or the right to use, from a manufacturer or retailer to a person, including, but not limited to, transactions conducted through retail sales outlets, catalogs, mail, the telephone, the internet, or any electronic means; this does not include samples, donations, and reuse. See N.Y. Environmental Conservation Law 27-2001
  • sale: means any transfer for consideration of title or the right to use, from a manufacturer or retailer to a person, including, but not limited to, transactions conducted through retail sales outlets, catalogs, mail, the telephone, the internet, or any electronic means; this includes transfer of new products or used products that may have been refurbished by their manufacturer or manufacturer-approved party and that are offered for sale by a manufacturer or retailer, but does not include consumer-to-consumer second-hand transfer. See N.Y. Environmental Conservation Law 27-2601
  • 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
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • several indebtedness: means indebtedness contracted for or in relation to a joint service or a joint water, sewage or drainage project and for which the faith and credit of a single municipal corporation or municipality would be pledged for the payment thereof. See N.Y. Local Finance Law 15.00
  • Sex offender: includes any person who is convicted of any of the offenses set forth in subdivision two or three of this section. See N.Y. Correction Law 168-A
  • Sex offense: means : (a) (i) a conviction of or a conviction for an attempt to commit any of the provisions of sections 120. See N.Y. Correction Law 168-A
  • Sexual predator: means a sex offender who has been convicted of a sexually violent offense defined in subdivision three of this section and who suffers from a mental abnormality or personality disorder that makes him or her likely to engage in predatory sexually violent offenses. See N.Y. Correction Law 168-A
  • Sexually violent offender: means a sex offender who has been convicted of a sexually violent offense defined in subdivision three of this section. See N.Y. Correction Law 168-A
  • Sexually violent offense: means : (a) (i) a conviction of or a conviction for an attempt to commit any of the provisions of sections 130. See N.Y. Correction Law 168-A
  • Small electronic equipment: means any portable digital music player that has memory capability and is battery-powered, video cassette recorder, a digital video disc player, digital video recorder, digital converter box, cable or satellite receiver, or electronic or video game console, and includes any cable, cord, or wiring permanently affixed to or incorporated into any such product. See N.Y. Environmental Conservation Law 27-2601
  • Small plastic bottle: means a plastic container with less than a twelve ounce capacity that is intended to be non-reusable by the end user. See N.Y. Environmental Conservation Law 27-3201
  • Small-scale server: means a computer that typically uses desktop components in a desktop form factor, but is designed primarily to be a storage host for other computers. See N.Y. Environmental Conservation Law 27-2601
  • Solid waste: means solid waste as defined in section 27-0701 of this article. See N.Y. Environmental Conservation Law 27-2101
  • Solid waste management facility: means a solid waste management facility as defined in section 27-0701 of this article. See N.Y. Environmental Conservation Law 27-2101
  • 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 purpose lights: means the following specialty lighting: appliance, black light, germicidal, colored, plant light, reflector, reprographic, shatter-resistant, cold temperature, sign service, and preheat. See N.Y. Environmental Conservation Law 27-2101
  • 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

  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Store: means a retail establishment that provides plastic carryout bags to its customers as a result of the sale of a product and (a) has over ten thousand square feet of retail space, or (b) such retail establishment is part of a chain engaged in the same general field of business which operates five or more units of over five thousand square feet of retail space in this state under common ownership and management. See N.Y. Environmental Conservation Law 27-2701
  • Subject corporation: means a corporation that is participating in a procedure pursuant to which all of the outstanding shares of one or more classes of such corporation are being acquired by an acquiring corporation. See N.Y. Business Corporation Law 913
  • 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.
  • Superintendent: means a superintendent of a state correctional facility or the person in charge of a local correctional facility by whatever title he may be known. See N.Y. Correction Law 400
  • Superintendent: means the superintendent of financial services. See N.Y. Banking Law 554
  • Surface water: shall mean lakes, bays, sounds, ponds, impounding reservoirs, perennial streams and springs, rivers, creeks, estuaries, marshes, inlets, canals, the Atlantic ocean within the territorial limits of New York state, and all other perennial bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private, pursuant to article 15 of this chapter. See N.Y. Environmental Conservation Law 27-2301
  • Surviving corporation: means the constituent corporation into which one or more other constituent corporations are merged. See N.Y. Business Corporation Law 901
  • 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
  • Television: means a display system containing a cathode ray tube or any other type of display primarily intended to receive video

    programming via broadcast, cable or satellite transmission, having a viewable area greater than four inches when measured diagonally. See N.Y. Environmental Conservation Law 27-2601

  • Testator: A male person who leaves a will at death.
  • Testify: Answer questions in court.
  • Tire service: means any person or business in New York state who sells or installs new tires for use on any vehicle and any person or business who engages in the retail sale of new motor vehicles. See N.Y. Environmental Conservation Law 27-1901
  • 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.
  • Trustee: A person or institution holding and administering property in trust.
  • Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on Source: OCC
  • Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
  • Vector: shall mean a carrier that is capable of transmitting a pathogen from one organism to another including, but not limited to, flies and other insects, rodents, birds and vermin. See N.Y. Environmental Conservation Law 27-2301
  • Venue: The geographical location in which a case is tried.
  • Victim Impact Statement: A written or spoken statement by the victim or his or her representative about the physical, emotional, and financial impact of a crime on the victim. The statement is given to the court before sentencing.
  • Warden: means the person in charge of an institution by whatever title he may be known. See N.Y. Correction Law 631
  • Waste: means

    a. See N.Y. Environmental Conservation Law 23-0101

  • Waste tire: means any solid waste which consists of whole tires or portions of tires. See N.Y. Environmental Conservation Law 27-1901
  • 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
  • Work release program: means a program in which the limits of place of confinement are extended for the purpose of seeking or engaging in employment or self-employment, attending an educational institution, participating in a training program, or obtaining medical treatment not otherwise available, caring for the prisoner's household and family or for some other compelling reason consistent with the public interest. See N.Y. Correction Law 150
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.