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Middleport Community

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Technical Terms

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Agencies — the United States Environmental Protection Agency, the New York State Dept. of Environmental Conservation and the New York State Dept. of Health.

Brownfield site- means any real property, the redevelopment or reuse of which may be complicated by the presence or potential presence of a contaminant.

Contaminant - or “contamination” means the presence of a contaminant in any environmental media, including soil, surface water, sediment, groundwater, soil vapor, ambient air or indoor air.

CAMU - or Corrective Action Management Unit consists of a designated area within a facility for the management of wastes generated in the course of cleanup or remediation of releases at the facility. The United States Environmental Protection Agency and delegated states are authorized under federal regulations to designate CAMUs, subject to controls and conditions, to implement faster and more aggressive cleanup and to remove some of the disincentives that the application of Resource Conservation and Recovery Act (RCRA) requirements can sometimes impose.

CMS or Corrective Measures Study - Part of the RCRA process. This study uses information from soil and water testing to determine if remediation is needed and the way it would be done.

CMI — Corrective Measures Implementation - Part of the RCRA Process. The CMI phase involves the design and implementation of a chosen remedy.

Document Repository - means a repository of site remedial program documents approved by the Agencies or released for public comment established in a publicly accessible building near the location of such site.

Ecological Resources - means all flora and fauna and the habitats that support them, excluding such biota as pets, livestock, agricultural and horticultural crops.

Engineering Control - means any physical barrier or method employed to actively or passively contain, stabilize, or monitor contamination, restrict the movement of contamination to ensure the long-term effectiveness of a remedial program, or eliminate potential exposure pathways to contamination. Engineering controls include, but are not limited to, pavement, caps, covers, subsurface barriers, vapor barriers, slurry walls, building ventilation systems, fences, access controls, provision of alternative water supplies via connection to an existing public water supply, adding treatment technologies to such water supplies, and installing filtration devices on private water supplies.

Environment - means any water including surface or groundwater, sediment, water vapor, any land including land surface or subsurface, air including soil vapor, fish, wildlife, other biota, all other natural resources and humans.

Environmental Easement - means an interest in real property, created under and subject to the provisions of ECL article 71, title 36 which contains a use restriction and/or a prohibition on the use of land in a manner inconsistent with engineering controls; provided that no such easement shall be acquired or held by the state which is subject to the provisions of article fourteen of the constitution of the State of New York.

Financial Assurance - means financial mechanisms, which include but are not limited to surety bonds, trust funds, letters of credit, insurance or a multiple of financial mechanisms, as determined to be adequate by the Department, to ensure the long term implementation, maintenance, monitoring and enforcement of the engineering and institutional controls at a remedial site.

Groundwater - means water below the land surface in a saturated zone of soil or rock. This includes perched water separated from the main body of groundwater by an unsaturated zone.

Hazardous Waste - means a waste which appears on the list or satisfies the characteristics promulgated by the Commissioner and any substance which appears on the list, however, that the term "hazardous waste" does not include Natural gas, natural gas liquids, liquefied natural gas, synthetic gas usable for fuel, or mixtures of natural gas and such synthetic gas; nor the residue of emissions from the engine exhaust of a motor vehicle, rolling stock, aircraft, vessel, or pipeline pumping station engine; nor Source, byproduct, or special nuclear material from a nuclear incident, as those terms are defined in the atomic energy act of 1954, and Petroleum.

Historic fill material - means non-indigenous or non-native material, historically deposited or disposed in the general area of, or on, a site to create useable land by filling water bodies, wetlands or topographic depressions, which is in no way connected with the subsequent operations at the location of the emplacement, and which was contaminated prior to emplacement. Historic fill may be solid waste including, but not limited to, coal ash, wood ash, municipal solid waste incinerator ash, construction and demolition debris, dredged sediments, railroad ballast, refuse and land clearing debris, which was used prior to October 10, 1962. Any soil or soil-like wastes from any area which was operated by a municipality or other person as a landfill is not considered historic fill. For purposes of a remedial program, historic fill does not include any material which is chemical production waste or waste produced on the site from processing of metal or mineral ores, residues, slag or tailings.

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.

Inactive hazardous waste disposal site remedial program - means a remedial program, as defined in subdivision of this section, at an inactive hazardous waste disposal site.

Institutional control - means any non-physical means of enforcing a restriction on the use of real property that limits human or environmental exposure, restricts the use of groundwater, provides notice to potential owners, operators, or members of the public, or prevents actions that would interfere with the effectiveness of a remedial program or with the effectiveness and/or integrity of operation, maintenance, or monitoring activities at or pertaining to a remedial site.

IRM or Interim Remedial Measure - means activities to address both emergency and non-emergency site conditions, which can be undertaken without extensive investigation and evaluation, to prevent, mitigate or remedy environmental damage or the consequences of environmental damage attributable to a site, including, but not limited to, the following activities: construction of diversion ditches; collection systems; drum removal; leachate collection systems; construction of fences or other barriers; installation of water filters; provision of alternative water systems; the removal of source areas; or plume control.

Off-site contamination - means any contamination which has emanated from a remedial site beyond the real property boundaries of such site, via movement through air, indoor air, soil, surface water or groundwater.

On-site contamination - means any contamination located within the real property boundaries of a remedial site.

Operable Unit - means a portion of the remedial program for a site that for technical or administrative reasons can be addressed separately to investigate, eliminate or mitigate a release, threat of release or exposure pathway resulting from the site contamination. Operable units may address geographical portions of a site, media specific action, specific site problems, or an initial phase of an action, or may consist of any set of actions performed over time or any actions that are concurrent but located in different parts of a site. An operable unit may be proposed by the Department or a remedial party; however, only the Department can approve the use of operable units.

Presumptive Remedy - means technologies or approaches appropriate for the remediation of specific types of contamination which, based on historical patterns of remedy selection and the Department’s scientificscientific and engineering evaluation of performance data, can be used to accelerate the remedy selection process.

Remedial Investigation - at a site or operable unit of a site. The remedial investigation emphasizes data collection and site characterization, and generally is performed in support of the selection of a remedy.

Remedial Program - means all activities undertaken to investigate, design, eliminate, remove, abate, control, or monitor existing health hazards, existing environmental hazards, potential health hazards, potential environmental hazards in connection with a site, and all activities including, but not limited to, the following undertaken to manage waste and contamination from a site.

Site characterization and remedial investigation activities needed to develop and evaluate remedial alternatives; Interim remedial measures; Design activities; Remedial actions, including, but not limited to, construction related activities and the implementation of remedial treatment technologies, including without limitation grading, contouring, trenching, grouting, capping, excavation, transporting, incineration and other thermal treatment, chemical treatment, biological treatment, or construction of groundwater and/or leachate collection and treatment facilities; Post-remedial site management including, but not limited to, the operation, maintenance, monitoring of remedial treatment technologies, and the certification of institutional and engineering controls.

Remedial Site - means any real property consisting of a parcel, adjacent properties or parcels, or portions of properties or parcels, identified as: An inactive hazardous waste disposal site; A brownfield site; or An environmental restoration project, as defined by the State assistance contract.

RCRA — Resource Conservation and Recovery Act. A federal law enacted in 1976 to protect human health and the environment with respect to the management and disposal of solid wastes and to support the recovery and reuse of materials.

RFA - RCRA Facility Assessment means a study that is performed at a facility to determine the existence of any continuous or non-continuous releases of wastes. During the RFA, regulators gather information on solid waste management units and other areas of concern at RCRA facilities, evaluate this information to determine whether there are releases that warrant further investigation and action, and determine the need to proceed to a RCRA Facility Investigation.

RFI — RCRA Facility Investigation. Soil and water are tested to see if past activities have affected the environment. The tests characterize the nature, extent and rate of releases.

Risk Assessment - The process of identifying and documenting actual and perceived risks to human health or the environment, to allow further evaluation and appropriate responses.

Risk-based Corrective Action - Risk-Based Corrective Action is a streamlined approach in which exposure and risk assessment practices are integrated with traditional components of the corrective action process to ensure that appropriate and cost-effective remedies are selected, and that limited resources are properly allocated.

Runoff - any natural or manmade occurrence of water or liquid above ground in excess of the amount that can be absorbed by the ground, causing the ground to be over-saturated (rain, snow melt). Runoff should not be confused with groundwater.

Sediment - means unconsolidated particulate material found at the bottom of lakes, rivers, streams and other water bodies at bed elevations equal to or lower than the mean high water level.

Site Management - means the activities undertaken as the last phase of the remedial program at a site which continue after a certificate of completion is issued. Site management is conducted in accordance with a site management plan, which identifies and implements the institutional and engineering controls required for a site, as well as any necessary monitoring and/or operation and maintenance of the remedy.

Water Table - the level below ground which soil and rock are saturated with water and form a geological formation able to store and yield water

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