N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 350-1.2

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

Section 350-1.2 - Definitions

(a)Beneficial manner means use as a soil amendment, a source of animal feed, or other use approved by the department, and not landfilled or combusted (other than biogas).

(b)Capacity means the amount of food scraps that an organics recycler or intermediary facility is able to receive based on available space, permitting limitations, and the facility's desire and ability to manage the waste.

(c)Combustion facility means a facility for the thermal treatment of waste, as defined in Part 360 of this Title.

(d)Department means the New York State Department of Environmental Conservation.

(e)Designated food scraps generator means a person who generates at a single location an annual average of two tons per week or more of food scraps, on a wet weight basis. These entities include, but are not limited to, supermarkets, food service businesses such as restaurants, higher education institutions, hotels, food processors, correctional facilities, and sports or entertainment venues.

For a location with multiple independent food service businesses, such as a mall or college campus, the entity responsible for contracting for solid waste transportation services is responsible for managing food scraps from the independent businesses. The quantity of food scraps generated is determined by how much food scraps are collected by each waste transporter servicing the location. If any transporter collects greater than an annual average of two tons per week or more of food scraps, on a wet weight basis, all the food service businesses at a single location using that transporter are required to comply with this Part.

(f)Food processing waste means food waste components from manufacturing, as defined in Part 360 of this Title.

(g)Food relief organization means a religious organization or other not-for-profit that provides food for free to needy individuals, including, but not limited to, a food pantry, food bank, or soup kitchen or community-based organization that provides food for free to needy individuals.

(h)Food scraps means inedible food, trimmings from the preparation of food, food-soiled paper, edible food that is not donated, and food processing waste. Food scraps does not include used cooking oil, yellow grease, or any food which is subject to a recall or seizure due to the presence of pathogens.

(i)Intermediary facility means a facility that is not located at the point of generation, such as a regional depackaging facility, that is used to process or manage food scraps prior to subsequent acceptance at an organics recycling facility.

(j)Landfill means a disposal facility, as defined in Part 360 of this Title.

(k)Maximum extent practicable means the degree to which the maximum amount of edible food can be donated for human consumption, without jeopardizing human health and the environment, by implementing best management practices, taking into account cost effectiveness and feasibility.

(l)On-site means the same or geographically contiguous property under the control or ownership of the same person. It may be divided by public or private rights-of-way, provided the entrance and exit between the properties is at a crossroads intersection, and access is gained by crossing, as opposed to going along, the right-of-way. Noncontiguous properties owned by the same person but connected by a right-of-way which that person controls and to which the public does not have access are also considered on-site property.

(m)Organics recycler means a facility that recycles food scraps through use as animal feed or a feed ingredient, rendering, land application, composting, aerobic digestion, anaerobic digestion, fermentation, ethanol production, and other processes approved by the department.

(n)Person means any business entity, partnership, company, corporation, not-for-profit corporation, association, governmental entity, public benefit corporation, public authority, firm, or organization.

(o)Single location means contiguous property under common ownership, which may include one or more buildings.

(p)Transfer facility means a facility for the transfer of waste, as defined in Part 360 of this Title.

(q)Transporter means a person engaged in the transportation of waste, as defined in Part 360 of this Title.

(r)Vector means a carrier organism that is capable of transmitting a pathogen to another organism and includes, but is not limited to, flies and other insects, rodents, birds, and vermin.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 350-1.2

Adopted New York State Register August 11, 2021/Volume XLIII, Issue 32, eff. 1/1/2022