Terms Used In New York Laws > Environmental Conservation > Article 72 - Environmental Regulatory Program Fees

• Act: shall mean the Clean Air Act, 42 U. See N.Y. Environmental Conservation Law 72-0301
• Actual emissions: means the emissions which were emitted to the ambient air, and shall include fugitive emissions if such emissions are considered in determining whether a source is a major air contamination source. See N.Y. Environmental Conservation Law 72-0301
• Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• Air contamination source: means all sources required to obtain a permit, certificate or approval pursuant to article nineteen of this chapter. See N.Y. Environmental Conservation Law 72-0301
• 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.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• 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
• Arrest: Taking physical custody of a person by lawful authority.
• 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
• Board: means the "board of examiners of sex offenders" established pursuant to section one hundred sixty-eight-l of this article. See N.Y. Correction Law 168-A
• Combustion installation: means one or more furnace, device, engine or turbine in which fossil fuel or wood is burned with air or oxygen and the air contaminant emissions include only those products resulting from:
  
  a. See N.Y. Environmental Conservation Law 72-0301
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Continuance: Putting off of a hearing ot trial until a later time.
• 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.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• 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 72-0401
• Division: means the division of criminal justice services as defined by § 837 of the executive law. See N.Y. Correction Law 168-A
• Emission point: means any conduit, chimney, duct, vent, flue, stack or other functionally equivalent opening through which regulated air contaminants are emitted to the ambient air. See N.Y. Environmental Conservation Law 72-0301
• Environment: means any water, water vapor, any land including land surface or subsurface, air, fish, wildlife, biota and all other natural resources. See N.Y. Environmental Conservation Law 72-0401
• 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 contiguous land and structures, other appurtenances and improvements on the land, used for treating, storage or disposing of hazardous waste. See N.Y. Environmental Conservation Law 72-0401
• Facility: means any establishment for which a general permit has been issued pursuant to subdivision six of section 70-0117 of this chapter or any industrial, municipal or private/commercial/institutional (P/C/I) establishment, or any vessel for which a permit is required under titles seven and eight of article seventeen of this chapter. See N.Y. Environmental Conservation Law 72-0601
• Facility: means any stationary or movable intake mechanism for the withdrawal of fresh water. See N.Y. Environmental Conservation Law 72-0701
• Facility operator: means the person who is responsible for the operation of a treatment, storage or disposal facility as defined in subdivision sixteen of this section. See N.Y. Environmental Conservation Law 72-0401
• 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.
• Fugitive emissions: means those emissions of a regulated air contaminant that could not reasonably pass through an emission point. See N.Y. Environmental Conservation Law 72-0301
• Generator: means any person, by site, whose act or process produces hazardous waste or whose act first causes a hazardous waste to become subject to regulation. See N.Y. Environmental Conservation Law 72-0401
• Hazardous waste: means a waste identified or listed as hazardous pursuant to title nine of article twenty-seven of this chapter. See N.Y. Environmental Conservation Law 72-0401
• 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
• impoundment: means a facility or part of a facility which is a natural topographical depression, man-made excavation, or diked area formed primarily of earthen materials (although it may be lined with man-made materials), which is designed to hold an accumulation of solid waste in semi-solid or liquid form, and which is not an injection well. See N.Y. Environmental Conservation Law 72-0401
• Incinerator: means any structure or furnace in which combustion takes place and type 0, 1, 2, 3 or 4 refuse, as classified in Table 1 of 6 NYCRR Appendix 2, is used as a fuel, alone or in conjunction with fossil fuel. See N.Y. Environmental Conservation Law 72-0301
• Incinerator: means an enclosed device using controlled flame combustion, the primary purpose of which is to thermally break down solid, liquid, or gaseous combustible hazardous wastes, producing residue that contains little or no combustible materials. See N.Y. Environmental Conservation Law 72-0401
• 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}
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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
• 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
• 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.
• 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
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Listed hazardous waste: means a waste which appears on the list promulgated by the commissioner pursuant to title nine of article twenty-seven of this chapter. See N.Y. Environmental Conservation Law 72-0401
• 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
• 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
• 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
• Nonresident worker: means any person required to register as a sex offender in another jurisdiction who is employed or carries on a vocation in this state, on either a full-time or a part-time basis, with or without compensation, for more than fourteen consecutive days, or for an aggregate period exceeding thirty days in a calendar year. 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.
• 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.
• Person: means an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, federal government and any agency thereof, municipality, commission, political subdivision of a state or any interstate body. See N.Y. Environmental Conservation Law 72-0301
• Person: means an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, federal government and any agency thereof, municipality, commission, political subdivision of a state, or any interstate body. See N.Y. Environmental Conservation Law 72-0401
• 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.
• Potential to emit: means the maximum capacity of a stationary source to emit any regulated air contaminant under its physical and operational design. See N.Y. Environmental Conservation Law 72-0301
• Power plant: means any facility which generates electricity using a steam turbine and generator, which may be fired by coal, oil, natural gas, nuclear energy, or other fuel source. See N.Y. Environmental Conservation Law 72-0601
• 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
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Process air contamination source: means :
  
  a. See N.Y. Environmental Conservation Law 72-0301
• 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.
• 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.
• 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.
• Severe ozone nonattainment area: means that part of the state designated pursuant to section 7407 of the Act as not meeting the national ambient air quality standard for ozone, as classified under section 7511 of the Act. See N.Y. Environmental Conservation Law 72-0301
• 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
• State air quality control program: means those activities of the department as specified in titles three and five of article nineteen of this chapter relating to air pollution and air contamination and any related enforcement activities. See N.Y. Environmental Conservation Law 72-0301
• State environmental regulatory program: means any of the regulatory or permit programs for which fees are assessed under this article. See N.Y. Environmental Conservation Law 72-0103
• Statute: A law passed by a legislature.
• Storage: means the containment of hazardous waste, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of such hazardous waste. See N.Y. Environmental Conservation Law 72-0401
• Subpoena: A command to a witness to appear and give testimony.
• Treatment: means any method, technique, or process, including neutralization, designed to change the physical, chemical or biological character or composition of any hazardous waste so as to neutralize such waste or as to render such waste nonhazardous, safer for transport, amenable for recovery, amenable for storage, or reduced in volume. See N.Y. Environmental Conservation Law 72-0401
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• 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.
• Wastewater: means liquid waste that contains:
  
  a. See N.Y. Environmental Conservation Law 72-0401
• Water transport permit: means a permit required by section 15-1506 of this chapter. See N.Y. Environmental Conservation Law 72-0701