N.Y. Environmental Conservation Law 27-1211 – Protection against liability and liability exemptions and defenses
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§ 27-1211. Protection against liability and liability exemptions and
Terms Used In N.Y. Environmental Conservation Law 27-1211
- 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.
- Drinking water contamination site: means any area or site that is causing or substantially contributing to the contamination of one or more public drinking water supplies. See N.Y. Environmental Conservation Law 27-1201
- Solid waste site: means a site where (a) the department has a reasonable basis to suspect that the illegal disposal of solid waste occurred or, (b) a court of competent jurisdiction has determined that an illegal disposal of solid waste occurred, or (c) the department knows or has a reasonable basis to suspect that an inactive solid waste management facility which does not have a current monitoring program is impacting or contaminating one or more drinking water supplies. See N.Y. Environmental Conservation Law 27-1201
defenses.
In addition to common law defenses, the provisions of sections 27-1321 and 27-1323 of this article shall apply to a solid waste site that is causing or substantially contributing to contamination of public drinking water supplies or a drinking water contamination site pursuant to this title and shall apply to emerging contaminants in the same way applicable to hazardous materials and hazardous wastes.