Terms Used In New York Laws > Environmental Conservation > Article 56 - Implementation of the Clean Water/clean Air Bond Act of 1996

• Adirondack landfill project: means a project undertaken by the state and a municipality or municipalities, where such project has the effect of eliminating the potential for the disposal of waste originating outside the Adirondack park at a municipal solid waste landfill located within the Adirondack park. See N.Y. Environmental Conservation Law 56-0403
• 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.
• Appraisal: A determination of property value.
• 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
• 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.
• 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 cost of an approved project, which shall include appraisal, surveying, engineering and architectural services, plans and specifications, consultant and legal services, construction and other direct expenses incident to such project less any federal or state funds, other than those provided pursuant to this article, for such project received or to be received. See N.Y. Environmental Conservation Law 56-0101
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Environmental restoration project: means a project to investigate or to remediate contamination pursuant to title five of this article. See N.Y. Environmental Conservation Law 56-0101
• 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}
• 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 56-0101
• Fiduciary: A trustee, executor, or administrator.
• 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.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Governing body: means :
  
  (a) in the case of a county outside of the city of New York, the county board of supervisors or other elective governing body;
  
  (b) in the case of a city or village, the local legislative body thereof, as the term is defined in the municipal home rule law;
  
  (c) in the case of a town, the town board;
  
  (d) in the case of a school district, the board of education thereof;
  
  (e) in the case of a supervisory district, the board of cooperative educational services thereof;
  
  (f) in the case of a public benefit corporation, the board of directors, members or trustees thereof;
  
  (g) in the case of a public authority, the governing board of directors, members, or trustees thereof;
  
  (h) in the case of a not-for-profit corporation, the board of directors thereof or such other body designated in the certificate of incorporation to manage the corporation; and
  
  (i) in the case of an Indian tribe, any governing body recognized by the United States or the state of New York. See N.Y. Environmental Conservation Law 56-0101
• Heritage area project: means a project undertaken by or through a municipality, public benefit corporation or a not-for-profit corporation identified in a management plan prepared and approved by the commissioner of the office of parks, recreation and historic preservation in accordance with the provisions of § 35. See N.Y. Environmental Conservation Law 56-0101
• 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, including, but not limited to, projects at zoos, botanical gardens, and aquaria, to protect the historic, cultural, archeological, or architectural significance thereof, or undertaken by the office of parks, recreation and historic preservation to improve, restore or rehabilitate state historic properties listed on the state or national registers of historic places to protect the historical, cultural or architectural significance thereof. See N.Y. Environmental Conservation Law 56-0101
• 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 56-0403
• Landfill gas management system: means a system for the control, capture, and management of gas created within and emitted from a solid waste landfill. See N.Y. Environmental Conservation Law 56-0403
• 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.
• Marine holding tank: means any container aboard any vessel, as defined in § 2 of the navigation law, that is designed and used for the purpose of collecting and storing treated or untreated sewage from marine toilets. See N.Y. Environmental Conservation Law 56-0101
• 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 project. See N.Y. Environmental Conservation Law 56-0403
• Municipality: means a local public authority or public benefit corporation, a county, city, town, village, school district, supervisory district, district corporation, improvement district within a county, city, town or village, or Indian nation or tribe recognized by the state or the United States with a reservation wholly or partly within the boundaries of New York state, or any combination thereof. See N.Y. Environmental Conservation Law 56-0101
• 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 56-0101
• 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.
• Office: means the office of parks, recreation and historic preservation. See N.Y. Environmental Conservation Law 56-0101
• Open space land conservation project: means acquisition projects undertaken with willing sellers including, but not limited to, the purchase of conservation easements, undertaken by the commissioner, the commissioner of the office of parks, recreation and historic preservation or by municipalities pursuant to Article 25 of the agriculture and markets law. See N.Y. Environmental Conservation Law 56-0101
• Oversight: Committee review of the activities of a Federal agency or program.
• Park project: means a project undertaken by a municipality, state agency, public benefit corporation, public authority, or not-for-profit corporation for the acquisition, development or improvement of parks, preserves, beaches, shorefronts, recreational sites and facilities including construction of structures, roads and parking facilities. See N.Y. Environmental Conservation Law 56-0101
• 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.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Responsible party: means a party responsible under applicable principles of statutory or common law liability to remediate the contamination located at, or emanating from, real property subject to an environmental restoration project. See N.Y. Environmental Conservation Law 56-0101
• 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.
• Small business: means any business which is resident in this state, independently owned and operated, not dominant in its field, and employs not more than one hundred individuals. See N.Y. Environmental Conservation Law 56-0101
• State assistance payment: means payment of the state share of the cost of projects authorized by this act to preserve, enhance, restore and improve the quality of the state's environment. See N.Y. Environmental Conservation Law 56-0101
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.