Terms Used In New York Laws > Environmental Conservation > Article 54 - Environmental Protection Act

• Advisory council: shall mean the state heritage areas advisory council established under article thirty-three of this title. See N.Y. Parks, Recreation and Historic Preservation Law 31.01
• 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.
• 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
• coastal rehabilitation project: shall mean those projects which serve a public purpose for beach nourishment necessary to maintain the natural functions of beach areas, maintenance of the natural passage of sand along coastal areas, emergency breach closures and similar activities undertaken by the state, a municipality, or a not-for-profit corporation which demonstrates to the commissioner's satisfaction that it is financially and otherwise capable of operating and maintaining the project, for the restoration and rehabilitation of coastal areas diminished, damaged or destroyed by natural forces. See N.Y. Environmental Conservation Law 54-1103
• Commissioner: means the commissioner of environmental conservation; except that within and for the purposes of the projects undertaken by the office pursuant to title nine of this article, the term shall mean the commissioner of the office of parks, recreation and historic preservation. See N.Y. Environmental Conservation Law 54-0101
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Cost: means the capital cost of a municipal landfill closure project or a municipal landfill gas management project, including engineering and architectural services, plans and specifications, consultant and legal services, and other direct capital expenses incident to such project, less any federal or other assistance for such project received or to be received. See N.Y. Environmental Conservation Law 54-0501
• Cost: means the capital cost of a municipal recycling project including engineering and architectural services, surveys, plans and specifications; consultant and legal services; lands acquired pursuant to the conditions set forth in section 54-0709 of this title, and other direct capital expenses incident to such a project, less any federal assistance or other assistance received or to be received. See N.Y. Environmental Conservation Law 54-0701
• Cost: means the cost of an approved project, which shall include engineering and architectural services, plans and specifications, consultant and legal services, and other direct expenses incident to such project less any federal assistance received or to be received and any other assistance from other parties. See N.Y. Environmental Conservation Law 54-0101
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Department: means the department of environmental conservation. See N.Y. Environmental Conservation Law 54-0101
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Facility: means any structure or site improvement including paths, trails, roads, bridges, ramps and buildings. See N.Y. Environmental Conservation Law 54-0101
• 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.
• Federal assistance: means funds available, other than by loan, from the federal government, either directly or through allocation by the state for construction or program purposes pursuant to any federal law or program. See N.Y. Environmental Conservation Law 54-0101
• 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.
• Governing body: means :
  
  a. See N.Y. Environmental Conservation Law 54-0101
• Heritage area: shall mean a definable urban or regional area of public and private uses ranging in size from a portion of a municipality to a regional area with a special coherence, such area being distinguished by physical and cultural resources (natural and/or man made including waterways, architecture, or artifacts reflecting a period of style or cultural heritage) which play a vital role in the life of the community and/or region and contribute through interpretive, educational and recreational use to the public. See N.Y. Parks, Recreation and Historic Preservation Law 31.01
• Historic preservation project: means a project undertaken by a municipality or a not-for-profit corporation to acquire, improve, restore or rehabilitate property listed on the state or national registers of historic places to protect the historic, cultural or architectural significance thereof or a project for planning or structural assessments for such properties. See N.Y. Environmental Conservation Law 54-0901
• Household hazardous waste: shall mean solid waste emanating from households (including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds and day-use recreation areas) which but for their point of generation, would be a hazardous waste under title 9 of article 27 of this chapter or a "pesticide" as defined in article 33 of this chapter. See N.Y. Environmental Conservation Law 54-0701
• 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.
• Landfill: means a disposal facility or part of one at which solid waste, or its residue after treatment, is intentionally placed in or on land, and at which solid waste will remain after closure and which is not a land spreading facility, a surface impoundment, or an injection well. See N.Y. Environmental Conservation Law 54-0501
• Landfill gas management system: means an active system for the control, capture, and management of gas created within and emitted from a solid waste landfill. See N.Y. Environmental Conservation Law 54-0501
• 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}
• Municipal landfill closure project: means activities undertaken to close, including by reclamation, a landfill owned or operated by a municipality to achieve compliance with regulations promulgated by the department, or activities undertaken to implement a landfill gas management system. See N.Y. Environmental Conservation Law 54-0501
• Municipal landfill gas management project: means activities undertaken to implement a landfill gas management system at an active landfill which is owned or operated by a municipality. See N.Y. Environmental Conservation Law 54-0501
• Municipal park project: means a project undertaken by a municipality or a not-for-profit corporation for the planning, structural assessment, acquisition, development or improvement of recreational facilities including construction of structures, roads and parking facilities. See N.Y. Environmental Conservation Law 54-0901
• Municipality: means a local public authority or public benefit corporation, a county, city, town, village, or Indian tribe or nation residing within New York state, or any combination thereof. See N.Y. Environmental Conservation Law 54-0101
• Not-for-profit corporation: means a corporation formed pursuant to the not-for-profit corporation law and qualified for tax-exempt status under the federal internal revenue code. See N.Y. Environmental Conservation Law 54-0101
• 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.
• Office: means the office of parks, recreation and historic preservation. See N.Y. Environmental Conservation Law 54-0101
• 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.
• plan: shall mean a document prepared in conformance with the provisions of section 35. See N.Y. Parks, Recreation and Historic Preservation Law 31.01
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Recyclables recovery equipment: means structures, machinery or devices, singly or in combination, designed, constructed and required primarily to separate, process, modify, convert, treat, or prepare collected solid waste, which is included as part of a recyclables recovery program so that component materials or substances or recoverable resources may be used as a raw material for new products or for useful purposes other than for energy recovery, and for the collection and preparation for disposal of household hazardous waste. See N.Y. Environmental Conservation Law 54-0701
• Recyclables recovery program: means a program undertaken by a municipality consistent with requirements of § 120 of the general municipal law to provide for the environmentally sound recovery of recyclables, primarily involving the collection, aggregation and processing of recyclable materials for their use as raw materials for new products or for other useful purposes other than for energy recovery, through facilities planned, designed and constructed to ensure environmental protection and to maximize the potential for recyclables recovery. See N.Y. Environmental Conservation Law 54-0701
• Recycling project: means recyclables recovery equipment, source separation equipment, a recyclables recovery program or any combination thereof required by a recyclables recovery program and the reimbursement to municipalities and not-for-profit corporations, as such terms are defined in section 54-0101 of this article, for the cost of a redemption center as defined in section 27-1003 of this chapter. See N.Y. Environmental Conservation Law 54-0701
• Secretary: means the secretary of state. See N.Y. Environmental Conservation Law 54-0101
• 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.
• Source separation equipment: means municipally-owned:
  
  a. See N.Y. Environmental Conservation Law 54-0701
• State agency: shall mean any state department, agency, board or commission of the state, or a public benefit corporation or public authority at least one of whose members is appointed by the governor. See N.Y. Parks, Recreation and Historic Preservation Law 31.01
• State assistance payment: means the payment of monies by the state for projects authorized by the environmental protection fund, to preserve, enhance, restore and improve the quality of the state's environment. See N.Y. Environmental Conservation Law 54-0101
• State designated heritage area: shall mean a heritage area designated in section 35. See N.Y. Parks, Recreation and Historic Preservation Law 31.01
• System: means the New York system of heritage areas established pursuant to section 35. See N.Y. Parks, Recreation and Historic Preservation Law 31.01
• Waste reduction projects: means projects undertaken to reduce the volume or toxicity of material entering the municipal solid waste stream, by reducing the volume or toxicity of such material at the point of generation. See N.Y. Environmental Conservation Law 54-0701