Title 1 Substances Hazardous to the Environment
Title 2 Hazardous Packaging
Title 3 Government Agency Reporting of Toxic Chemical Releases
Title 5 Bisphenol a
Title 7 Tris
Title 9 Toxic Chemicals in Children’s Products
Title 10 Regulation of Chemicals in Upholstered Furniture, Mattresses and Electronic Enclosures

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

  • 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.
  • Alternate correctional facility: shall mean a correctional facility designed to house medium security incarcerated individuals as defined by department rules and regulations, which is owned by the city of New York, operated by the department pursuant to the rules and regulations promulgated by the commissioner and in accordance with the operation agreement as defined in subdivision five of this section, and used for the confinement of eligible incarcerated individuals, as defined by subdivision four of this section. See N.Y. Correction Law 87
  • 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.
  • 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
  • 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.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • 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
  • Board: means the correction medical review board. See N.Y. Correction Law 40
  • Chemical: means a substance with a distinct molecular composition or a group of structurally related substances and includes the breakdown products of the substance or substances that form through decomposition, degradation or metabolism. See N.Y. Environmental Conservation Law 37-0901
  • child care product: means all pacifiers and unfilled beverage containers to be used by children under three years old for the consumption of liquids including pacifiers, baby bottles, baby bottle liners and cups, cup lids, straws and sippy cups. See N.Y. Environmental Conservation Law 37-0503
  • Child care product: means a consumer product intended for use by children under three years of age, such as baby products, toys, car seats, nursing pillows, crib mattresses, and strollers. See N.Y. Environmental Conservation Law 37-0703
  • Children: means a person or persons aged twelve and under. See N.Y. Environmental Conservation Law 37-0901
  • Commission: means the state commission of correction. See N.Y. Correction Law 40
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Construction agreement: shall mean an agreement entered into pursuant to section eighty-eight of this article by the commissioner and the city of New York which governs the construction of two alternate correctional facilities of approximately seven hundred beds each, one at Ogdensburg and one at Cape Vincent, New York. See N.Y. Correction Law 87
  • Consumer product: means any product that is regularly used or purchased to be used for personal, family or household purposes. See N.Y. Environmental Conservation Law 37-0901
  • Consumer product: means any product that is regularly used or purchased to be used for personal, family or household purposes. See N.Y. Environmental Conservation Law 37-1001
  • Contract: A legal written agreement that becomes binding when signed.
  • 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.
  • Correctional facility: means any institution operated by the state department of corrections and community supervision, any local correctional facility, or any place used, pursuant to a contract with the state or a municipality, for the detention of persons charged with or convicted of a crime, or, for the purpose of this article only, a secure facility operated by the office of children and family services. See N.Y. Correction Law 40
  • Council: means the citizen's policy and complaint review council. See N.Y. Correction Law 40
  • Covered flame retardant chemical: means any chemical that meets both of the following criteria: (a) A functional use for the chemical is to resist or inhibit the spread of fire or as a synergist to chemicals that resist or inhibit the spread of fire; and (b) The chemical is one of the following: a halogenated, organophosphorus, organonitrogen, or nanoscale chemical. See N.Y. Environmental Conservation Law 37-1001
  • Custom upholsterer: means a person who, either by himself or herself or through employees or agents, repairs, reupholsters, recovers, restores, or renews upholstered furniture. See N.Y. Environmental Conservation Law 37-1001
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Distributor: means a person who sells children's products to retail establishments on a wholesale basis. See N.Y. Environmental Conservation Law 37-0901
  • Electronic display: means a consumer product with a display screen and associated electronics that, as its primary function, displays visual information from wired or wireless sources and is available for purchase by individuals or households for personal use in a residential space. See N.Y. Environmental Conservation Law 37-1001
  • Eligible incarcerated individuals: shall mean incarcerated individuals of a New York city correctional facility who are at least nineteen years of age, who are serving a definite, but not an intermittent, sentence of imprisonment, and who do not have criminal charges pending against them. See N.Y. Correction Law 87
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Euro: shall mean the currency of participating member states of the European Union that adopt a single currency in accordance with the treaty on European Union signed February seventh, nineteen hundred ninety-two. See N.Y. General Obligations Law 5-1601
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Facility: means all buildings, equipment, structures, and other stationary items located on a single site or adjacent sites and owned or operated by the same person (or by any person who controls, is controlled by, or is under common control with, such person). See N.Y. Environmental Conservation Law 37-0301
  • 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.
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • 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.
  • Gel foam mattress: means a mattress in which interior foam layers are composed of polyurethane foam or latex foam which has a polyurethane-based gel material either mixed with the foam or applied to the outer surface of polyurethane or latex foam, or a mattress in which the core or padding layers are composed solely of gel material. See N.Y. Environmental Conservation Law 37-1001
  • 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.
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • 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.
  • High-priority chemical: means
    (a)

    a chemical designated pursuant to paragraph (a) of subdivision two of section 37-0905 of this title; and

    (b) a chemical adopted by the department pursuant to paragraph (b) of subdivision two of section 37-0905 of this title. See N.Y. Environmental Conservation Law 37-0901
  • 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
  • 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
  • Introduction of the euro: shall mean and include the implementation from time to time of economic and monetary union in member states of the European Union in accordance with the treaty on European Union signed February seventh, nineteen hundred ninety-two. See N.Y. General Obligations Law 5-1601
  • 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.
  • 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
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local correctional facility: means any jail, penitentiary, state, county or municipal lockup, court detention pen, hospital prison ward or specialized secure juvenile detention facility for older youth. See N.Y. Correction Law 40
  • manufacture: means to produce, prepare, import, or compound a toxic chemical. See N.Y. Environmental Conservation Law 37-0301
  • manufacturer: includes the importer or first domestic distributor of the children's product if the person who currently manufactures or assembles the children's product or whose brand name is affixed to the children's product does not have a presence in the United States. See N.Y. Environmental Conservation Law 37-0901
  • Mattress: means a ticking filled with a resilient material used alone or in combination with other products intended or promoted for sleeping upon. See N.Y. Environmental Conservation Law 37-1001
  • Minority leader: See Floor Leaders
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • 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.
  • Operation agreement: shall mean an agreement entered into pursuant to section eighty-eight of this article by the commissioner and the city of New York which governs the operation of one or both alternate correctional facilities and addresses all related issues, including, but not limited to, general staffing levels and nature of staffing positions; composition of medical staff; availability of outside medical services; procedures and criteria for selecting eligible incarcerated individuals; availability and frequency of transportation of incarcerated individuals and visitors of incarcerated individuals to such facility; availability, content and frequency of programming for incarcerated individuals; mechanisms to establish, monitor and review operating and capital expenditures; and legal representation of both incarcerated individuals and employees of such facilities. See N.Y. Correction Law 87
  • Organohalogen flame retardant chemical: means a chemical that meets both of the following criteria:
    (a) A functional use for the chemical is to resist or inhibit the spread of fire or as a synergist to chemicals that resist or inhibit the spread of fire; and
    (b) The chemical contains one or more halogen elements, including fluorine, chlorine, bromine, or iodine, bonded to carbon. See N.Y. Environmental Conservation Law 37-1001
  • Panel: shall mean the alternate correctional facility review panel established pursuant to section eighty-nine-e of this article. See N.Y. Correction Law 87
  • 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.
  • Personal property: All property that is not real property.
  • PFAS: shall mean a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom. See N.Y. Environmental Conservation Law 37-0101
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • 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.
  • release: means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment (including the abandonment or discarding of barrels, containers, and other closed receptacles) of any hazardous chemical, extremely hazardous substance, or toxic chemical. See N.Y. Environmental Conservation Law 37-0301
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Reupholstered furniture: means furniture whose original fabric, padding, decking, barrier material, foam, or other resilient filling has been replaced by a custom upholsterer, that has not been sold since the time of the replacement. See N.Y. Environmental Conservation Law 37-1001
  • 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.
  • State agency: means :
    (a) each state department;
    (b) division of military and naval affairs, division of state police, division of housing and community renewal, division for youth, office of general services, office of parks, recreation and historic preservation, and state university of New York;
    (c) any division, board, commission, office, or bureau of any state department which is required to obtain a permit issued by the department or which undertakes an activity for which it must register with the department; and
    (d) dormitory authority of the state of New York, facilities development corporation, metropolitan transportation authority (including the operations of all of its operating units), New York state energy research and development authority, New York state environmental facilities corporation, New York state olympic regional development authority, New York state thruway authority, New York state urban development corporation, port authority of New York and New Jersey, and power authority of the state of New York. See N.Y. Environmental Conservation Law 37-0301
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Ticking: means the outermost layer of fabric or related material that encloses the core and upholstery materials of a mattress or mattress pad. See N.Y. Environmental Conservation Law 37-1001
  • 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.
  • toxic chemical: means a substance on the list described in 42 U. See N.Y. Environmental Conservation Law 37-0301
  • Toy: means a product designed or intended by the manufacturer to be used by children at play. See N.Y. Environmental Conservation Law 37-0901
  • Trace contaminant: means a trace amount of a chemical or chemicals that is incidental to manufacturing, including an unintended by-product of chemical reactions during the manufacture of the children's product, a trace impurity in feed-stock, an incompletely reacted chemical mixture, or a degradation product. See N.Y. Environmental Conservation Law 37-0901
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • TRIS: shall include TCEP (TRIS (2-chloroethyl) phosphate) and TDCPP (TRIS (1,3-dichloro-2-propyl) phosphate). See N.Y. Environmental Conservation Law 37-0703
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • Upholstered furniture: means any item of furniture, that consists, in whole or in part, of leather, plastic, fabric or other material that contains cotton, wool, polyurethane or other natural or synthetic material that is placed in cushions or on the frame of the furniture. See N.Y. Environmental Conservation Law 37-1001
  • Very bioaccumulative: means having a bioconcentration factor or bioaccumulation factor greater than or equal to five thousand, or if neither are available, having a log Kow greater than 5. See N.Y. Environmental Conservation Law 37-0901
  • Very persistent: means having a half-life greater than or equal to one of the following:
    (a) a half-life in soil or sediment of greater than one hundred eighty days;
    (b) a half-life greater than or equal to sixty days in water or evidence of long-range transport. See N.Y. Environmental Conservation Law 37-0901