N.Y. Environmental Conservation Law 27-1303 – Identification of sites
§ 27-1303. Identification of sites.
Terms Used In N.Y. Environmental Conservation Law 27-1303
- 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 27-1301
- Hazardous waste: means a waste which appears on the list or satisfies the characteristics promulgated by the commissioner pursuant to section 27-0903 of this article and any substance which appears on the list promulgated pursuant to section 37-0103 of this chapter; provided, however, that the term "hazardous waste" does not include:
a. See N.Y. Environmental Conservation Law 27-1301 - Inactive hazardous waste disposal site: means any area or structure used for the long term storage or final placement of hazardous waste including, but not limited to, dumps, landfills, lagoons and artificial treatment ponds, as to which area or structure no permit or authorization issued by the department or a federal agency for the disposal of hazardous waste was in effect after the effective date of this title and any inactive area or structure on the National Priorities List established under the authority of 42 U. See N.Y. Environmental Conservation Law 27-1301
- 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.
- Waste: means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility, and other discarded material, whether or not such material may eventually be used for some other purpose, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining and agricultural operations or from community activities, and source, special nuclear or by-product material as defined in the Atomic Energy Act of 1954, as amended, except as may be provided by existing agreements between the state of New York and the government of the United States, but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under article seventeen of this chapter. See N.Y. Environmental Conservation Law 27-1301
1. a. For a period of one year after the effective date of the chapter of the laws of two thousand three designating and amending this paragraph, each county shall, for the purpose of locating inactive hazardous waste disposal sites, as that term was defined on January first, two thousand three, survey its jurisdiction to determine the existence and location of suspected inactive hazardous waste disposal sites and shall annually thereafter submit a report to the department describing the location of each such suspected site and the reasons for such suspicion.
b. Commencing one year after the effective date of this paragraph, each county shall, for the purpose of locating inactive hazardous waste disposal sites, survey its jurisdiction to determine the existence and location of suspected inactive hazardous waste disposal sites and shall annually thereafter submit a report to the department describing the location of each such suspected site and the reasons for such suspicion.
2. Each county shall review the information concerning such county in the registry established pursuant to section 27-1305 of this article and shall, on or before September first, nineteen hundred eighty, and annually thereafter on the first day of September of each succeeding year, provide the department with any information which might correct or supplement the information in such registry with respect to suspected inactive hazardous waste disposal sites within the jurisdiction of such county.
3. Nothing contained within this section shall (a) preclude a county from cooperating with local jurisdictions, regional organizations or state agencies to fulfill its responsibilities under subdivisions one and two of this section or (b) reduce the powers or responsibilities of any county, other local jurisdiction, regional organization or state agency to identify, investigate, assess or monitor any inactive hazardous waste disposal site.
4. For purposes of this section, "county" shall include each city incorporating within its boundary one or more counties but shall not include those counties incorporated within a city.