N.Y. Comp. Codes R. & Regs. tit. 5 § 70.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 70.2 - Definitions

(a) Applicant or eligible applicant means any small to medium size business or nonprofit organization which employs less than 500 workers or has gross annual sales of less than $10 million.

(b) Department means the Department of Economic Development.

(c) Eligible project or project shall mean actions taken by or on behalf of a New York business involving the acquisition, construction, alteration, repair or improvement of a building, fixtures, machinery or equipment, provided that such project results in:

(1) source reduction or material substitution, provided that the substitution of one hazardous substance, product or nonproduct output for another does not result in the creation of a new risk;

(2) in-process recycling;

(3) recycling or reuse of non-hazardous solid wastes;

(4) increased energy efficiency;

(5) conservation of the use of water or other natural resources that improve process economics;

(6) elimination of the purchase of materials, the production of which for the use of said firm would result in more waste or resource consumption; or

(7) other practices or technologies that reduce the use of hazardous materials or otherwise improve air or water quality.

Eligible project shall not include end-of-pipe pollution control technologies or practices where such controls or practices are designed primarily to achieve compliance with the Environmental Conservation Law or regulations promulgated pursuant thereto; energy recovery or incineration; or out-of-process recycling or reuse of hazardous waste or hazardous substances.

(d) Feasibility study shall mean a technical or economic analysis of the feasibility of specific applications of waste prevention technologies or practices or both.

(e) Financing institution means any domestic insurance company, not-for-profit corporation, bank, trust company, savings bank, savings and loan association or credit union incorporated, chartered, organized or licensed under the laws of New York State, any other state of the United States or the Federal government. This term also includes any public authority, public benefit corporation, or municipality which provides program assistance to program recipients.

(f) Out-of-process recycling of hazardous materials shall mean the use of hazardous wastes, collected after the manufacturing process, as raw materials or feedstocks for off-site production of other materials or products;

(g) Program shall mean the Waste Prevention Program.

(h) Program assistance means funding for a loan or a feasibility study provided by the department or an interest subsidy, principal reduction or loan guarantee provided by the department for a loan made by a financing institution.

(i) Program recipient means an applicant approved by the department for program assistance.

(j) Secondary materials shall mean material recovered from or otherwise destined for the waste stream, including but not limited to post-consumer material, industrial scrap material and overstock or obsolete inventories from distributors, wholesalers and other companies, but shall not include those materials and by-products generated from and commonly reused within an original manufacturing process.

(k) Technical feasibility study shall mean a report which identifies and analyzes in detail the waste prevention project which the applicant proposes to implement. The report shall include the cost of implementation of the project, a construction schedule and a description of how the project will:

(1) minimize, reduce or eliminate the generation of wastes;

(2) use or reuse wastes;

(3) increase energy efficiency or water conservation;

(4) improve air or water quality; and/or

(5) improve process economics.

(l) Waste shall mean:

(1) solid waste - all putrescible and non-putrescible materials or substances discarded or rejected as being spent, useless, worthless, or in excess to the owners at the time of such discard or rejection, including but not limited to garbage, refuse, industrial and commercial waste, sludges from air or water control facilities, rubbish, ashes, contained gaseous material, incinerator residue, demolition and construction debris, discarded automobiles and offal but not including sewage and other highly diluted water carried materials or substances and those in gaseous form, as defined in subdivision one of section 27-0701 of the Environmental Conservation Law (ECL);

(2) air contaminant - a dust, fume, gas, mist, odor, smoke, vapor, pollen, noise or any combination thereof, as defined in subdivision two of section 19-0107 of the ECL;

(3) industrial waste - any liquid, gaseous, solid or waste substance or a combination thereof resulting from any process of industry, manufacturing, trade, or business or from the development or recovery of any natural resources, which may cause or might reasonably be expected to cause pollution of the waters of the State in contravention of the standards adopted under the Environmental Conservation Law; and

(4) hazardous waste - those wastes which appear on the list, or satisfies the characteristics of hazardous waste, promulgated pursuant to section 27-0903 of the Environmental Conservation Law.

Such term shall not include source, special nuclear or by-product material as defined in the Atomic Energy Act of 1954, as amended.

(m) Waste prevention technologies shall mean any technology employed to prevent wastes or to process secondary materials for use or reuse but shall not include technology employed for incineration of waste nor the processing of waste for use as refuse derived fuel.

N.Y. Comp. Codes R. & Regs. Tit. 5 § 70.2