N.Y. Comp. Codes R. & Regs. tit. 6 § 360.2

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

Section 360.2 - Definitions

As used in Parts 360, 361, 362, 363, 364, 365, 366 and 369 of this Title, the following terms have the following meanings:

(a) Solid waste and related terms.

(1) Solid waste or waste means, except as described in paragraph (3) of this subdivision, discarded materials including solid, liquid, semi-solid, or contained gaseous material, resulting from industrial, municipal, commercial, institutional, mining or agricultural operations or from residential activities including materials that are recycled or that may have value.

(2) A material is considered discarded if it is spent, worthless, or in excess to the generator, and is:

(i) thermally, physically, chemically or biologically processed;

(ii) disposed through discharge, deposit, injection, dumping, spilling, leaking or placement into or on any land or water so that the material or any constituent thereof may enter the environment or be emitted into the air or discharged into groundwater or surface water; or

(iii) accumulated or transferred instead of or before being processed or disposed.

(3) The following are not solid waste for the purposes of Parts 360, 361, 362, 363, 364, 365 and 366 of this Title:

(i) consumer products that are intended for reuse for their original function, without processing, such as items at a garage sale, consignment shop, textile collection location or similar venue;

(ii) materials that are incorporated into food products for human consumption;

(iii) unadulterated wood generated from sources other than construction and demolition that is burned in campfires, ceremonial burns, cooking fires, wood stoves, or other similar uses;

(iv) any mixture of domestic sewage and other wastes that pass through a sewer system to a publicly or privately-owned treatment works for treatment;

(v) industrial wastewater discharges that are point source discharges subject to permits under Environmental Conservation Law (ECL) article 17;

(vi) irrigation return flows;

(vii) materials subject to in-situ mining techniques which are not removed from the ground as part of the extraction process;

(viii) crumb rubber;

(ix) materials that are used in accordance with a determination by the department pursuant to the provisions of section 360.12 of this Part;

(x) materials that are used for artificial reefs in compliance with applicable water quality criteria;

(xi) material removed from the waters of the state and placed or disposed in compliance with a permit issued under ECL article 15, 24, 25, or 34 or a water quality certification issued under Section 401 of the Federal Water Pollution Control Act to the extent that disposal of the material is regulated by the permit or certification. However, any disposal not regulated by the permit remains subject to regulation under Parts 360, 361, 362, 363, and 365 of this Title. Dredged or excavated material generated by a manufacturing or industrial process is industrial waste, and the treatment, storage, transfer, or disposal of the material is subject to regulation under Parts 360 to 365 of this Title; and

(xii) waste samples received at a laboratory or educational institution for analysis and/or evaluation of its constituents.

(b) Other definitions of general applicability. Unless otherwise noted, all words and terms contained in this Part and in Parts 361, 362, 363, 364, 365, 366 and 369 are defined by their plain meaning. The terms defined in this subdivision appear throughout these Parts.

(1)Active life means that period of time during which waste is or will be received. In the case of landfills, active life ends at the completion of closure activities in accordance with Part 363 of this Title.

(2)Acute hazardous waste means hazardous wastes that meet the listing criteria in 371.2(b)(1)(ii) of this Title and are either listed in subdivision 371.4(b) of this Title and are either listed in subdivision 371.4(b) of this Title with the assigned hazard code of (H) or are listed in paragraph 371.4(d)(5) of this Title.

(3)Aerobic digestion means the biochemical decomposition of organic matter primarily into stabilized solids and carbon dioxide by microorganisms in the presence of air.

(4)Agricultural waste means manure, crop residue, animal carcasses, and other similar waste that is generated on a farm.

(5)Agronomic rate means the rate of nitrogen addition designed to provide the amount of nitrogen needed by a crop or vegetation grown on the land, and to minimize the amount of nitrogen that passes below the root zone of the crop or vegetation grown on the land to ground water.

(6)Airport means a public-use airport open to the public without prior permission and without restrictions within the physical capacities of available facilities; and an active military airfield.

(7)Alternative fuel means a waste or byproduct material that is not subject to Commercial and Industrial Solid Waste Incineration Units: New Source Performance Standards and Emission Guidelines for Existing Sources referenced in Part 200 of this Title.

(8)Alternative treatment system means a device, method, and/or technology approved by the Commissioner of Health pursuant to 10 NYCRR Subpart 70-5 for the treatment of regulated medical waste.

(9)Amendment for the purposes of section 360.12 means the thorough mixing into navigational dredged material (NDM) of any material that physically or chemically alters the NDM to improve its engineering, environmental, or other characteristics.

(10)Anaerobic digestion means the biochemical decomposition of organic matter primarily into stabilized solids, methane and carbon dioxide by microorganisms in the absence of air.

(11)Animal research facility means any location where research is conducted using infectious agents or toxins and animals for the purposes of producing, modifying or testing biologicals or other products used in the diagnosis, treatment or immunization of humans or animals.

(12)Apparent opening size means the number of the U.S. Bureau of Standards sieve, or its opening size in millimeters or inches, having openings closest in size to the diameter of uniform particles.

(13)Applicant means the person applying for a permit or registration under this Part.

(14)Approved design capacity means the amount of waste authorized to be received at a facility over a time period as specified in that facility's permit.

(15)Approved design volume means the maximum in-place volume of waste, operating cover, and intermediate cover material to be received at a facility during its active life.

(16)Aquifer means a consolidated or unconsolidated geologic formation, group of formations or part of a formation capable of yielding a significant amount of groundwater to wells or springs. Two types of highly productive aquifers in unconsolidated (non-bedrock) formations are defined in subparagraphs (i) and (ii) of this paragraph.

(i)Primary water supply aquifer or primary aquifer means a highly productive aquifer which is presently used as a source of public water supply by major municipal water supply systems.

(ii)Principal aquifer means a highly productive aquifer or deposits whose geology suggests abundant potential water supply, but which is not intensively used as a source of water supply by major municipal systems at the present time. Some water supply development has taken place in some of these areas but it is generally not as intensive as in the primary aquifer areas.

(iii)Sole source aquifer means an aquifer which has been designated by the EPA as supplying at least 50 percent of the drinking water for its service area and which is the only reasonably available drinking water source should the aquifer become contaminated.

(iv)Uppermost aquifer means the aquifer nearest the ground surface and includes any lower aquifers that are hydraulically connected to it.

(17)Ash residue means all the residue and any entrained liquids resulting from the combustion of waste, fossil fuel or waste in combination with fossil fuel at a combustor, including bottom ash, boiler ash, fly ash and the residue of any air pollution control device.

(18)Authorized collector means a manufacturer, reverse distributor, distributor, narcotic treatment program, hospital or clinic with an on-site pharmacy, or retail pharmacy that has modified its United States Drug Enforcement Administration (DEA) registration to obtain authorization to receive controlled substances for the purpose of destruction.

(19)Authorized representative means an individual authorized by the owner or operator of a facility to act on the owner's or operator's behalf.

(20)Autoclave means a device for decontaminating and/or sterilizing materials through exposure to steam under pressure.

(21)Bedrock means cemented or consolidated earth materials that are exposed on the earth's surface or that underlie unconsolidated earth materials.

(22)Beverage Container Assistance Project for the purposes of Part 369 of this Title means equipment costs or the acquisition or rehabilitation costs of real property or structures related to the collecting, sorting, and packaging of empty beverage containers subject to the provisions of Title 10 of Article 27 of the ECL.

(23)Bioburden means the degree of microbial contamination, including the type and total population of organisms, the number of spore formers present, and their resistance on any material and in a given amount of waste material prior to undergoing treatment.

(24)Bio-challenge testing means periodic monitoring or testing of a regulated medical waste or other infectious waste treatment device or system that employs the use of biological indicators to demonstrate continued operation of the device or system.

(25)Biodiesel is a fuel produced by the transesterification of plant or animal oils or fats.

(26)Biofuels are any fuels, including biodiesel, derived from vegetable or animal fat sources that meet fuel standards set by EPA or a nationally recognized standards association.

(27)Biological drug waste means a discarded biopharmaceutical or biological medical product derived from biological sources, especially one produced by biotechnology (i.e., involving use of live organisms or their active components). These include but are not limited to all recombinant proteins, (monoclonal) antibodies, vaccines, blood/ plasma derived products, non-recombinant culture derived proteins, and cultured cells and tissues.

(28)Biological indicator means a specific microorganism used to evaluate the capability of a process to decontaminate or treat regulated medical waste or other infectious waste. For the purposes of this definition, biological indicators include bacterial spores or other microorganisms inoculated on carriers, suspensions or self-contained indicators.

(29)Biologicals means any preparations (sera, nonviable vaccines, vaccines attenuated in a manner which prevents propagation, antigens, toxins and antitoxins) derived from a living organism or its products for use in diagnosis, immunization, or treatment of human beings or animals.

(30)Biosafety Level (BSL) means the laboratory designation associated with the handling and containment of infectious microorganisms and hazardous biological materials as outlined in U.S. Department of Health and Human Services, Public Health Service, Centers for Disease Control and Prevention, National Institutes of Health publication "Biosafety in Microbiological and Biomedical Laboratories", as incorporated by reference in section 360.3 of this Part.

(31)Biosolids means the accumulated semisolids or solids resulting from treatment of wastewaters from publicly or privately owned or operated sewage treatment plants. Biosolids does not include grit or screenings, or ash generated from the incineration of biosolids.

(32)Bird hazard means an increase in the likelihood of bird collisions with aircraft that may cause damage to the aircraft or injury to its occupants.

(33)Bottom ash means the ash residue remaining after combustion of waste that is discharged through and from grates of a combustor.

(34)Brown grease means grease trap waste.

(35)Bulk liquid means a liquid or semi-liquid material which is contained within, or discharged from, any truck, vehicle, vessel, tank, or other container and which contains five gallons of liquid or more.

(36)Bulk outer packaging means a wheeled cart or a container, including a transport vehicle or freight container, other than a vessel or a barge, in which regulated medical waste or other infectious wastes are loaded with no intermediate form of rigid containment (e.g., individually boxed) and which has a maximum capacity greater than 450 L (119 gallons) as a receptacle for a liquid; a maximum net mass greater than 400 kg (882 pounds) as a receptacle for a solid; or a water capacity greater than 454 kg (1000 pounds) as a receptacle for a gas.

(37)Bulking agent means a material, other than leaves, added to organic waste to increase porosity and facilitate aeration during composting.

(38)By or on behalf of a municipality in the context of a permit or registration means:

(i) a municipality is the owner or operator, individually or with one or more other owners or operators;

(ii) the owner or operator is not a municipality but the owner or operator"s facility is partially funded by the 1972 Environmental Quality Bond Act, the Solid Waste Management Act of 1988, the Environmental Protection Act of 1993, or the 1996 Clean Water/Clean Air Bond Act or constructed pursuant to and in compliance with a construction contract with a municipality pursuant to Town, Village, County or General Municipal Law;

(iii) in the case of a facility with a proposed service area that only includes municipalities within a single planning unit, the owner or operator is not a municipality but has a contractual or other relationship with one or more municipalities within the planning unit, where the capacity of the facility will be designed, used, or designated primarily (more than two-thirds) for waste received from those municipalities; or

(iv) in the case of a facility with a proposed service area that includes municipalities from two or more planning units, the owner or operator is not a municipality but has a contractual or other relationship with one or more municipalities in those planning units, and the capacity of the facility will be designed, used, or designated primarily (more than two-thirds) for waste received from those municipalities.

(v) for purposes of subparagraphs (iii) and (iv) of this paragraph, examples of contractual or other relationships include, but are not limited to, put-or-pay contracts, waste supply guarantees, long-term contracts for the delivery of waste, waste-processing guarantees, long-term leases, and flow control ordinances.

(39)Bypass waste means any waste that is destined for treatment, but cannot be treated due to downtime, capacity issues or the inability of the facility to treat the waste.

(40)Cash plus marketable securities means all the cash plus marketable securities held by the municipality on the last day of a fiscal year, excluding cash and marketable securities designated to satisfy past obligations such as pensions.

(41)Certificate of Status means a Certificate of Good Standing or Certificate of Existence issued by the New York State Department of State.

(42)Certificate of treatment means a form prescribed by the Commissioner of the New York State Department of Health to document treatment of regulated medical waste, signed by a person authorized at the treatment facility attesting to the treatment.

(43)Certification means a written statement of professional opinion based upon investigation, analysis, knowledge and belief that is stated to be true and accurate.

(44)Clinical laboratory means the same as defined in Section 571 of the Public Health Law.

(45)Collection event means a planned activity of limited duration which includes the collection or management of solid waste.

(46)Combustion means the thermal destruction of waste in a device which uses elevated temperatures with oxygen as the primary means to change the chemical, physical, or biological character or composition of the waste.

(47)Combustion facility means a facility that uses combustion to treat solid waste. These facilities include but are not limited to: mass burn combustors; modular combustors; and fluidized bed combustors; and facilities that combust refuse-derived fuel.

(48)Combustor means an enclosed device using controlled flame combustion to thermally break down waste to an ash residue that contains little or no combustible materials.

(49)Commercial aggregate means sand, gravel, crushed stone, bank or crusher run, or other similar engineered or recycled material used as a marketable commodity in concrete manufacturing, asphalt manufacturing, production of concrete products, or the construction of foundations, bases and subbases, drainage layers, subsurface drains, roads, or other engineered applications according to a standard aggregate specification, or an area-specific or location-specific aggregate specification prepared by a professional engineer.

(50)Commercial land use means the use of land for the primary purpose of buying, selling or trading of merchandise or services. Commercial land use includes passive recreational uses, which are public uses with limited potential for soil contact.

(51)Commercial waste means waste that is not residential waste, institutional waste or industrial waste and is discarded from stores, offices, restaurants, warehouses and other nonmanufacturing activities.

(52)Commissioner means the Commissioner of the New York State Department of Environmental Conservation or that individual's duly designated representative.

(53)Communities of disproportionate impact means communities, neighborhoods or areas that are low-income and/or communities of color that host a disproportionate number of environmentally burdensome or regulated facilities, as determined by the department.

(54)Comparability means a qualitative parameter expressing the confidence with which one data set can be correlated with another based upon, among other criteria, the similarities of sample collection and analysis techniques from one sampling event to another.

(55)Complete application means the same as defined in Part 621 of this Title.

(56)Composting means aerobic, thermophilic decomposition of organic waste to produce a stable, humus-like material.

(57)Composting and Other Organics Processing Facility means a facility that treats the readily biodegradable organic components in waste to produce a mature product for use as a source of nutrients, organic matter, liming value, or other essential constituent for a soil or to help sustain plant growth. The processes include, but are not limited to, composting, vermiculture, anaerobic digestion, fermentation, and Class A processes. An organics waste processing facility also includes processes to convert biodegradable organic components in food scraps into animal feed including pet food.

(58)Comprehensive Recycling Analysis or CRA means a recycling analysis and plan prepared by a municipality pursuant to section 360.11 of this Part.

(59)Concentrated Animal Feeding Operation or CAFO means an animal feeding operation as defined in section 750-1.2(a)(23) of this Title.

(60)Confined aquifer means an aquifer bound above and below by impermeable beds or by beds of distinctly lower permeability than that of the aquifer itself; or an aquifer containing groundwater whose potentiometric head lies above the top of the aquifer itself.

(61)Construction means any physical modification to the area or location of a site or facility, including, but not limited to, site preparation (e.g., clearing, grading, and excavation, etc.) and building of structures.

(62)Construction and demolition debris or C&D debris means waste resulting from construction, remodeling, repair and demolition of structures, buildings and roads. C&D debris includes excavated material, demolition wastes, and construction wastes. Materials that are not C&D debris (even if generated from construction, remodeling, repair and demolition activities) include municipal solid waste, friable asbestos-containing waste, corrugated container board, electrical fixtures containing hazardous liquids such as fluorescent light ballasts or transformers, fluorescent lights, solar panels, furniture, appliances, tires, drums, fuel tanks, containers greater than ten gallons in size, and any containers having more than one inch of residue remaining on the bottom.

(63)Construction and demolition debris handling and recovery facility means a facility that processes and separates construction and demolition debris in order to extract recyclable materials.

(64)Construction waste means any material generated during the construction of structures and roads.

(65)Container means a portable piece of equipment in which waste is stored, transported, treated, disposed of, or otherwise handled.

(66)Cost for the purpose of Part 369 of this Title means:

(i) the capital cost of an approved project, including: engineering and architectural services, surveys, plans and specifications; consultant and legal services; and other direct capital expenses incident to the project, less any Federal, State or other assistance received or to be received;

(ii) the capital, planning, and promotional costs associated with waste reduction projects;

(iii) the planning, educational, and promotional costs associated with a recyclables recovery program;

(iv) household hazardous waste collection and disposal costs;

(v) the capital cost of equipment and/or the acquisition and/or rehabilitation of real property or structures related to the collecting, sorting, and packaging of empty beverage containers subject to the provisions of Title 10 of Article 27 of the ECL; or

(vi) other items identified in ECL article 54, Title 7.

(67)Critical stratigraphic section means all stratigraphic units, both unconsolidated deposits and bedrock, including but not limited to the unsaturated zone, uppermost aquifer, and first water-bearing unit into which contaminants that escape from a facility might reasonably be expected to enter and cause contamination.

(68)Crumb rubber means rubber granules that are produced from waste tires and that are less than or equal to, one-quarter inch or six millimeters in size, 99.9 percent free of wire and fiber.

(69)Cultures and stocks means materials derived from the management (e.g., the systems used to grow and maintain infectious agents in vitro, including but not limited to: nutrient agars, gels, broths, human and primate cell lines and impure animal cell lines) of agents infectious to humans, and associated biologicals, from medical or pathological laboratories, from research and industrial laboratories, or from the production of biologicals and includes discarded live or attenuated vaccines capable of propagation, or culture dishes and devices used to transfer, inoculate or mix cultures.

(70)Cumulative loading limit means the maximum amount of metal, in pounds, that is allowed to be applied to an acre of land.

(71)Curing area means an area where organic material that has undergone the rapid initial stage of decomposition is further stabilized into a humus-like material.

(72)Custodial care period means the period after the post-closure care period when, as the department will determine, the landfill poses a significantly reduced threat to public health and the environment and environmental monitoring and maintenance can be reduced.

(73)Cycle for the purposes of Part 365 of this Title means total operating time required for a device to treat regulated medical waste or other infectious waste, and, for an autoclave, includes warm-up, residence and cool down time.

(74)DEA means the United States Drug Enforcement Administration.

(75)Debt service means the amount of principal and interest due on a loan in a given time period.

(76)Decommission for the purpose of Subpart 361-7 of this Title means the removal of potential environmental contaminants from an end-of-life vehicle including, but not limited to, fluids, batteries, refrigerants, mercury switches and airbags.

(77)Decontamination for the purposes of Part 365 of this Title means a method that results in the reduction in the concentration of microorganisms or biological toxins of concern to a level considered safe for the intended use, handling or disposal. Washing with water (with or without soap), antisepsis, disinfection, and some types of treatment are all forms of decontamination.

(78)Demolition wastes means any material generated during the demolition of structures and roads.

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

(80)Department of Health means the New York State Department of Health.

(81)Department of Transportation means the New York State Department of Transportation.

(82)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 based on a methodology established by the department pursuant to regulations, including, supermarkets, large food service businesses, higher educational 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 hauling services is responsible for managing food scraps from the independent businesses.

(83)Destroyed for the purposes of Part 365 of this Title means torn apart or mutilated through combustion, melting, shredding, grinding, tearing, breaking or another process, to render unusable and generally unrecognizable as the item that underwent destruction. Destroyed does not mean compacted following treatment or encapsulation. For sharps, unrecognizable means that 100 percent of the sharps must be rendered unidentifiable as intact sharps devices.

(84)Discharge means the accidental or intentional spilling, leaking, pumping, pouring, emitting, emptying or dumping of any material, including waste or leachate, into or on any air, land or water.

(85)Disinfectant means an antimicrobial product used on hard inanimate surfaces and objects to destroy or irreversibly inactivate infectious agents but not necessarily their spores.

(86)Disinfection means any procedure that involves the application of an antimicrobial agent (disinfectant), approved by an appropriate regulatory authority, consistent with its approved use. Disinfection is not a form of treatment.

(87)Disposal facility means a facility where waste is intentionally placed and where the waste is intended to remain.

(88)Disturbed means excavated, re-graded, removed, physically relocated, uncovered or exposed as part of a construction or earth-moving activity.

(89)Drainage swale means a natural or man-made channel that provides a path for stormwater.

(90)Drilling and production waste means waste that has emanated from a wellbore during the drilling, completion or production of an oil well, gas well, or solution mining well, or during the drilling or completion of a stratigraphic, brine disposal or geothermal well that has a planned total depth deeper than five-hundred feet below the earth's surface. Drilling and production wastes include, but are not limited to, used drilling and completion fluids that are not intended for reuse at the originating well or another well, drill cuttings, flowback waters or fluids, production water or brine and flowback waters or fluids that are not intended for use or reuse at the originating well or another well and production water or brine that is not intended for use or reuse at the originating well or another well.

(i)Flowback water or flowback fluid means the fluid, possibly containing connate water, returned to the surface during the period between well stimulation and the commencement of production of oil or gas from a well.

(ii)Production water or brine means the associated fluid brought to the surface during the production of oil or gas from a well, or during natural gas withdrawal from an underground storage reservoir.

(91)Dry weight basis means calculated on the basis of having been dried until reaching a constant mass.

(92)ECL means chapter 43-B of the Consolidated Laws of the State of New York, entitled the Environmental Conservation Law.

(93)Ecologically sensitive area means any land designated as habitat for threatened or endangered species; or area intended to encourage natural habitat development by federal, state or local government.

(94)Efficacy testing means testing of an autoclave, alternative regulated medical waste treatment system or device, or effluent decontamination system, conducted by a laboratory, independent of the system manufacturer, in conformance with generally recognized scientific principles, microbiologic examinations or other pertinent assessments of waste material to establish operating parameters for effective treatment of regulated medical waste or other infectious waste.

(95)Electronic waste or E-waste means the same as defined in ECL article 27, Title 26.

(96)End of life vehicle or ELV means any motor vehicle which is sold, given, or otherwise discarded as junk or salvage.

(97)Environmental monitoring points means designated locations, monitoring wells and devices for sampling air, soil, groundwater or surface water outside of the containment system of a facility.

(98)EPA means the United States Environmental Protection Agency.

(99)Excavated material means soil, rock or other material excavated during construction or maintenance activities.

(100)Excluded waste for the purposes of Part 362 of this Title, means that portion of a waste stream which cannot be treated through combustion and/or gasification of alternative fuel due to legal, technical or environmental limitations. Excluded wastes include but are not limited to: untreatable waste, prohibited radioactive materials, electronic waste, batteries, mercury-added consumer products, mercury-containing devices, mercury-added thermostats, source-separated yard trimmings, source-separated recyclables; and source-separated food scraps.

(101)Existing water quality means the chemical composition of ground or surface water before initial deposition of waste.

(102)Expansion means an increase in the approved design capacity or throughput beyond the limits approved in the permit for a facility. In the case of landfills, 'expansion' also means a lateral or vertical increase in size beyond the limits approved in the permit.

(103)External slope means any slope in a landfill which is constructed along the outer boundary of an existing liner system.

(104)Facility means a location and associated devices employed in the management of solid waste beyond the initial collection process. The term includes all structures, appurtenances or improvements on the land used for the management or disposal of solid waste. For the purpose of Part 365 of this Title, 'facility' also includes the location and associated devices where initial collection occurs.

(105)Farm means an area or location actively used for the raising or harvesting of any agricultural or horticultural commodity through the cultivation of soil, hydroponics, or the raising, shearing, feeding, caring for, training, or management of livestock, bees, poultry, furbearing animals, fish, domestic animals or wildlife.

(106)Fault means a fracture or zone of fractures in consolidated materials or rock along which strata on one side are displaced with respect to strata on the other side.

(107)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.

(108)Feed crops means crops produced primarily for consumption by animals.

(109)Fiber crops means crops such as flax and cotton.

(110)Fill means excavated material including soil or other granular, compactible material that is used as authorized under Section 360.13 of this Part, but does not include overburden generated from mining operations regulated pursuant to Parts 420 through 425 of this Title.

(111)Fill Type 1 or F1 means excavated material that meets criteria in section 360.13(f) of this Part.

(112)Fill Type 2 or F2 means excavated material that meets criteria in section 360.13(f) of this Part.

(113)Fill Type 3 or F3 means excavated material that meets criteria in section 360.13(f) of this Part.

(114)Fill Type 4 or F4 means excavated material that meets criteria in section 360.13(f) of this Part.

(115)Fill Type 5 or F5 means excavated material that meets criteria in section 360.13(f) of this Part.

(116)Final cover system means an engineered layer of materials approved by the department in accordance with Part 363 of this Title that is placed on any surface of a landfill where no additional waste will be deposited, and serves to restrict infiltration, prevent erosion, control landfill gas and promote surface drainage.

(117)First water-bearing unit means the first major water-bearing geologic unit, group of units or portion of a unit likely to be impacted by contamination from a facility. This includes the migration pathway to that unit and extends to the first demonstrated aquiclude, aquitard or other demonstrable change in permeability which will impede contaminant migration to lower units.

(118)Flowable fill means a self-compacting, low-strength mixture of commercial aggregate, water and a cementitious binder used to backfill excavations and capable of being pumped.

(119)Fly ash means the ash residue from combustion that is entrained in the gas stream of a combustor and removed by air pollution control equipment.

(120)Food crops means crops consumed by humans, including, but not limited to, fruits, vegetables, and tobacco.

(121)Food processing waste means waste resulting solely from the processing of fruits, vegetables, grains, dairy products, and related food products. It does not include waste from the processing of animal carcasses or parts. It also does not include sanitary waste or processes that involve the addition of a hazardous chemical to the manufacturing process. Food processing waste includes, but is not limited to:

(i) vegetative residues that are recognizable as part of a plant, fruit or vegetable. Grape or apple pomace are considered recognizable.

(ii) any solid, semisolid or liquid food sludge or residue that is unrecognizable but identifiable by analysis or can be certified as solely a byproduct of plant, fruit, vegetable or dairy processing. Egg shells are considered unrecognizable.

(122)Force account work means personal services or activities directly associated with a proposed project performed by an applicant's municipal workforce, excluding salaries of municipal chief executive or legislative officials.

(123)Foreign animal disease waste means animal waste from animals infected or inoculated with, or exposed to, diseases that have an economic impact on human society (e.g., Foot and Mouth Disease, Exotic Newcastle Disease, etc.) and includes those that are indigenous to other countries but not found in domestic animals or poultry, wildlife, or the environment within the United States. Foreign animal disease waste includes, but is not limited to, animal carcasses, body parts, body fluids, blood, or bedding originating from animals. Body fluids include urine and feces when infectious agents are known to be shed in the urine and feces.

(124)Freeboard means the vertical distance between the lowest elevation of the top of a tank, surface impoundment, or dike, and the highest level of the surface of the waste contained within.

(125)Friable asbestos-containing waste means any waste containing greater than one percent by weight of asbestos that can be crumbled, pulverized, or reduced to powder by hand pressure when dry; and any asbestos-containing waste that is collected in a pollution control device designed to remove asbestos. This definition does not include friable asbestos-containing wastes that are discarded by a household, by either being collected at the curb or taken to an authorized solid waste management facility.

(126)Gas recovery equipment means the equipment (e.g., fan, blower, compressor, etc.) used to collect and transport landfill gas through the header system.

(127)Gas storage brine means the fluid used to facilitate the underground storage and withdrawal of liquefied petroleum gas from a salt cavern or other underground reservoir.

(128)Gasification means the thermal conversion of organic material in waste by direct or indirect heating in the presence of air into syngas products.

(129)Generator means any person whose act or process produces a waste or whose act first causes waste to be subject to regulation under this Title.

(130)Geocomposite means a laminated or composite material comprised of geotextiles, geogrids, geonets and/or geomembranes.

(131)Geogrid means a netlike polymeric material used with subgrade materials, soil, rock, earth or any other geotechnical engineering-related material as an integral part of the structure or system to provide reinforcement to soil slopes.

(132)Geomembrane means an essentially impermeable membrane used with subgrade materials, soil, rock, earth or any other geotechnical engineering-related material as an integral part of a structure or system designed to limit the movement of liquid or gas in the system.

(133)Geocushion means a nonwoven needle-punched geotextile used to provide puncture protection to a geomembrane.

(134)Geonet means a type of a geosynthetic material that allows planar flow of liquids and serves as a drainage system.

(135)Geosynthetic clay liner or GCL means a low-permeability material composed of both geosynthetic material and low permeability clay.

(136)Geosynthetics means the generic classification of all synthetic materials used in geotechnical engineering applications, including geotextiles, geogrids, geomembranes, geonets, geosynthetic clay liners and geocomposites.

(137)Geotextile means any permeable textile used with subgrade materials, soil, rock, earth or any other geotechnical engineering-related material as an integral part of a structure or system designed to act as a filter to prevent the flow of soil fines into drainage systems, to provide planar flow for drainage, to serve as a cushion to protect geomembranes, or to provide structural support.

(138)Governing body for the purposes of Part 369 of this Title means:

(i) in the case of a county outside the City of New York, the county board of supervisors or other elective governing body;

(ii) in the case of a city or village, the local legislative body thereof, as the term is defined in the municipal home rule law;

(iii) in the case of a town, the town board;

(iv) in the case of a public authority, the governing board of directors, members, or trustees thereof;

(v) in the case of a public benefit corporation, the board of directors, members, or trustees thereof;

(vi) in the case of a not-for-profit corporation, the board of directors thereof or other body designated in the certificate of incorporation to manage the corporation;

(vii) in the case of a Native American tribe or nation, any governing body recognized by the United States or the State of New York;

(viii) in the case of a school district or supervisory district, the board of education, or board of directors, members, or trustees thereof; and

(ix) in the case of a State agency, the commissioner of the State agency.

(139)Grease trap waste means fats, oils, grease, and food residues generated from a food establishment that are captured in a device meant to prevent these materials from entering the sewer or septic system. It is also known as brown grease.

(140)Gross contaminants means constituents of the waste stream that are not readily decomposed and may be present in an organic product including, but not limited to, pieces of metal, glass, plastic, rubber, bones, and leather. Gross contaminants do not include sand, rocks, wood pieces, and other similar materials.

(141)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.

(142)Hazardous waste means a material that is defined in Part 371 of this Title to be both a solid waste and a hazardous waste.

(143)Home scrap metal means scrap metal generated by steel mills, foundries, and refineries and includes but is not limited to turnings, cuttings, punchings, and borings.

(144)Household means single and multiple-family residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day use recreation areas.

(145)Household hazardous waste means waste from a household which, but for its point of origin, would be a hazardous waste under Part 371 of this Title, and includes all pesticides as defined in ECL Article 33.

(146)Household hazardous waste collection facility and collection event means a facility or collection event involving the collection, storage or disposal of household hazardous waste and may include the collection, storage or disposal of hazardous wastes from conditionally exempt small quantity generators (CESQGs) as defined in Part 371 of this Title.

(147)Household hazardous waste collection program for the purpose of Part 369 of this Title, means municipal collection events and facilities approved by the department.

(148)Household medical waste means household waste which, but for its point of generation, would be a regulated medical waste and includes residential sharps (e.g., lancets, hypodermic needles and syringes) generated in a household in the course of medical self-management. Regulated medical waste collected by mobile units, home health care providers, hotels or other commercially operated temporary residences, including those facilities operating as an extension of a healthcare treatment process as de facto outpatient recovery facilities, is not considered household medical waste.

(149)Humus means stable, degraded organic matter.

(150)Hydraulic conductivity means the rate of flow of water through a cross section of a material when the hydraulic gradient is equal to 1.0.

(151) Inactivation or inactivate for the purpose of Part 365 of this Title means the method (biological, chemical or physical) used to cause a viable infectious agent to lose disease-producing capacity or to render a biological agent's toxic properties (biological toxins) harmless to other organisms.

(152)Industrial land use means the use of land primarily for the purpose of manufacturing, production, fabrication or assembly processes and ancillary services. Industrial land use does not include any recreational component.

(153)Industrial waste means waste generated by manufacturing or industrial processes.

(154)Inert material for the purpose of Part 363 of this Title means material that is non-putrescible and, when analyzed using the EPA SW-846 synthetic precipitation leaching procedure (SPLP) method, does not exceed groundwater quality standards found in Part 703 of this Title.

(155)Infectious substance for the purposes of Part 364 (transport) and subdivision 365-1.2(c) (transfer of RMW for off-site treatment) of this Title means a Category A or B material known or reasonably expected to contain a pathogen including bacteria, viruses, rickettsiae, parasites, fungi, or prions that can cause disease in humans or animals.

(i) Category A means an infectious substance in a form capable of causing permanent disability or life threatening or fatal disease in otherwise healthy humans or animals when exposure to it occurs. Category A poses a higher degree of risk than Category B.

(ii) Category B means an infectious substance not in a form generally capable of causing permanent disability or life-threatening or fatal disease in otherwise healthy humans or animals when exposure to it occurs. This includes Category B infectious substances transported for diagnostic or investigational purposes.

(156)Institutional waste means waste that is generated by hospitals, long-term care facilities, schools, prisons government agencies or other similar type facilities. It includes water-treatment wastes other than biosolids.

(157)Intermediate cover means a geomembrane or soil layer which will inhibit precipitation from entering the waste mass, contain leachate outbreaks, and inhibit migration of decomposition gases.

(158)Land application facility means an area or location where waste is applied to agricultural soil to improve soil quality or provide plant nutrients.

(159)Land with a high potential for public exposure means land that the public uses frequently. This includes, but is not limited to, a public contact area and a land reclamation site located in a populated area (e.g., a construction site located in a city).

(160)Land with a low potential for public exposure means land that the public uses infrequently. This includes, but is not limited to, agricultural land, forest land, and a reclamation site located in an unpopulated area (e.g., a surface mine located in a rural area).

(161)Landfill means a facility where waste is intentionally placed and intended to remain and which is designed, constructed, operated and closed to minimize adverse environmental impacts.

(162)Landfill cell means a discrete portion of a landfill which uses a liner and leachate collection and removal system to provide operational isolation from adjacent cells.

(163)Landfill gas management system means a system for the control, capture, and management of gas created within and emitted from a landfill.

(164)Landfill reclamation means the excavation of a portion or all of a landfill for purposes including, but not limited to, creating capacity, reducing closure costs, recovering recyclables, or reducing environmental impacts with the ultimate goal of either removing the landfill or reducing the landfill's volume.

(165)Landfill re-contouring means the reshaping of the landfill surface for purposes including, but not limited to, enhancing stormwater runoff, restoring the original side slopes of the landfill or reducing the landfill footprint in size.

(166)Leachate means any solid waste in the form of a liquid, including any suspended components, that results from contact with waste.

(167)Leachate collection and removal system means a system or device that is designed, constructed, maintained, and operated to collect and remove leachate from a facility.

(168)Leak-proof means designed and maintained to prevent the escape of contained liquids or other materials from sides or bottom, when appropriately closed regardless of container orientation (e.g., upright, tipped over, etc.).

(169)Lift means the vertical thickness of compacted waste and the cover material immediately above it, or the vertical thickness of soil applied during construction.

(170)Lithified earth material means all rock, including all naturally occurring and naturally formed aggregates or masses of minerals or small particles of older rock that formed by crystallization of magma or by induration of loose sediments. This term does not include man-made materials, such as fill, concrete, and asphalt, or unconsolidated earth materials, soil, or regolith lying at or near the earth's surface.

(171)Lower explosive limit (LEL) means the lowest percentage by volume of a mixture of explosive gases which will propagate a flame in air at 25 degrees centigrade and atmospheric pressure.

(172)Local Solid Waste Management Plan or LSWMP means a plan prepared by a planning unit pursuant to Part 366 of this Title.

(173)Lumber and engineered wood means wood that has been processed into a product, such as boards, used for building and other purposes, and wood products manufactured by binding or fixing wood particles together using adhesives or other methods.

(174)Manufactured home means the same as defined in Article 21-B, Section 601 of the New York State Executive Law.

(175)Mature means the characteristics of a soil conditioning material that render it harmless to plant growth when used as a topsoil or soil supplement and make it sufficiently stable that it will not generate nuisance odors during storage, handling, or ultimate use, as determined by the department.

(176)Mercury-added component means a motor vehicle component that contains greater than fifteen milligrams of mercury, which was intentionally added to the motor vehicle in order to provide a specific characteristic, appearance or quality; to perform a specific function; or for any other purpose. Components include, but are not limited to, switches, sensors, lights and navigational systems.

(177)Mercury-added consumer product means any device or material into which elemental mercury or mercury compounds are intentionally added during the device's or material's formulation or manufacture, and in which the continued presence of mercury is required to provide a specific characteristic, appearance or quality, or to perform a specific function. This term includes, but is not limited to mercury-containing: thermostats; thermometers; switches, whether individually or as part of another product; medical or scientific instruments; electrical relays and other electrical devices; lamps; and batteries sold to consumers but does not include button batteries.

(178)Mercury-containing device means any device or material into which elemental mercury or mercury compounds are intentionally added during the manufacture of the devices and in which the continued presence of mercury is required to provide a specific characteristic, appearance, or quality or to perform a specific function.

(179)Mobile vehicle crusher means any person engaged in operating a transportable vehicle crusher.

(180)Mulch means the materials produced from tree debris, yard trimmings or other suitable materials and intended for use on soil surfaces to prevent the growth of weeds and erosion.

(181)Mulch processing facility means facilities that process yard trimmings (other than grass clippings), tree debris, and wood debris into mulch. It does not include the processing of construction and demolition debris into mulch.

(182)Municipal landfill closure project for the purposes of Part 369 of this Title 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.

(183)Municipal landfill gas management project for the purposes of Part 369 of this Title means activities undertaken to implement a landfill gas management system at a landfill which is owned or operated by a municipality.

(184)Municipal solid waste (MSW) means residential waste, commercial waste, or institutional waste, or any component or combination thereof, excluding construction and demolition debris and biosolids unless they are commingled.

(185)Municipal solid waste processing facility means a facility that primarily performs post-collection separation or processing of municipal solid waste or other wastes to recover recyclables or to produce a refuse-derived fuel.

(186)Municipal Waste Reduction and Recycling Project for the purposes of Part 369 of this Title means:

(i) a capital project for municipal waste reduction, recycling, and household hazardous waste collection; or

(ii) a coordination and education project for municipal waste reduction and recycling.

(187)Municipality, except for the purposes of Part 369 of this Title, means a county, village, town, city, any designated agency thereof, a solid waste management district, a public benefit corporation having power granted otherwise than under ECL Article 51 to construct, operate and maintain a solid waste management facility, including a public corporation created pursuant to agreement or compact with another State; or any combination thereof.

(188)Municipality, for the purposes of Part 369 of this Title, means a county, city, town, village, a local public authority or public benefit corporation, or Native American tribe or nation residing within New York State, or a school district or supervisory district or any combination thereof. For municipal landfill closure and municipal landfill gas management projects, 'Municipality' also means a State agency, State public authority or State public benefit corporation except for purposes of expenditures of the Clean Water/Clean Air Bond Act of 1996, where a municipality does not include a State agency, State public authority or State public benefit corporation.

(189)Navigational dredged material (NDM) means that material, other than material dredged primarily to remove contamination, which is dredged or excavated from the waters of the state, including sediment, soil, mud, sand, shells, gravel or other aggregate, for the direct or indirect purpose of establishing, maintaining, or increasing water depth, or increasing the surface or cross-sectional area of the water body.

(190)New York City Metropolitan Area Waste Impact Zone means the area encompassing the City of New York and the counties of Nassau, Suffolk, Putnam and Westchester.

(191)Not-for-profit organization means a corporation formed pursuant to the New York State Not-For-Profit corporation Law and qualified for tax-exempt status under the federal Internal Revenue Code.

(192)NYSDOH means the New York State Department of Health.

(193)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.

(194)Operating cover means a compacted layer of soil placed on all exposed waste.

(195)Operational water quality means the chemical quality of groundwater or surface water once placement of waste has begun at a landfill.

(196)Operator means the person responsible for the overall operation of a facility or collection event, with the authority to make and implement decisions, whose actions or failure to act may result in noncompliance with any requirement of this Title or of any department-approved operating condition pertaining to that facility or collection event.

(197)Organic means derived from living matter or living organisms and is readily biodegradable.

(198)Organic-derived soil conditioning product means a mature material that can be used as a source of nutrients, organic matter, liming value, or other essential constituent for a soil or plant.

(199)Organics recycling facility means a facility that processes the organic components in waste to produce a mature product for use as a source of nutrients, organic matter, liming value, or other essential constituent for a soil to help sustain plant growth. The processes include, but are not limited to, composting, vermiculture, anaerobic digestion, fermentation, and Class A processes. An organics recycling facility also includes processes to convert biodegradable organic components in waste to produce animal feed. The product no longer has the visual appearance of the waste from which it was produced.

(200)Owner means a person who owns a solid waste management facility or part of a facility.

(201)Papermill residuals means the solids generated during the treatment of wastewater generated from the production of paper products. For Subparts 361-2 and 361-3 of this Title, papermill residuals are limited to those residuals that originate only from an elemental chlorine-free (ECF) or totally chlorine-free (TCF) pulping process.

(202)Parametric control means a device designed to monitor, regulate, or operate a regulated medical waste treatment system and maintain preset operating parameters.

(203)Partial closure means the closure of portion of a facility in compliance with the applicable closure requirements of this Part, or Parts 361, 362, 363, or 365 of this Title.

(204)Passenger tire equivalent means a conversion measurement that is used to estimate waste tire weights and volume amounts and in which one passenger car tire with a rim diameter of 17 inches or less is equal to 20 pounds. One cubic yard of volume shall contain 15 passenger tire equivalents. Tires larger than a passenger car tire shall be evaluated for volume using this conversion measurement.

(205)Pathogenic organisms means disease-causing organisms including, but not limited to, certain bacteria, viruses, protozoa and viable helminth ova.

(206)Patient care area means a room or location where a hospital, nursing home, pharmacy or clinical laboratory engages in medical services and/or specimen collection that results in the generation of regulated medical waste. A patient service center (e.g., collection station) and a health fair operated by a clinical laboratory are patient care areas.

(207)Permittee means the person who has received a permit under this Part.

(208)Person means any individual, public or private corporation, political subdivision, government agency, school, institution, university, authority, department or bureau of the state, municipality, industry, partnership, association, firm, trust, estate, or any other legal entity.

(209)Pharmaceutical waste means solid waste that is a discarded, unwanted, or expired drug (as defined in Article 137, section 6802 of the New York Education Law) including veterinary drugs, a prescription drug (as defined in Article 2-A section 270, of the New York Public Health Law) or over-the-counter remedy, toxic drug, medicine, or biological drug formula or mixture used or administered as an immunization, or an aid in the diagnosis, treatment or prevention of disease and the maintenance of health, or used in research or the production and testing of biologicals. Pharmaceutical waste does not include any drug waste that is regulated as a hazardous waste under Part 371 of this Title or prohibited radioactive materials as defined in this Part.

(210)Planning unit means, for locations within New York State, a county; two or more counties acting jointly; a local government agency or authority established pursuant to State law for the purposes of managing solid waste; any city in the county of Nassau; any of the above in combination with one or more neighboring cities, towns, or villages; or two or more cities, towns, or villages, or any combination of them, that the department determines to be capable of implementing a regional waste management program. In order for a county to be a planning unit, it must include all cities, towns, and villages within its borders.

(211)Post-closure care period means the period after final closure of a landfill that continues until the owner or operator of the landfill can demonstrate to the department that the threat to public health or the environment has been reduced.

(212)Primary container means the inner packaging or containment system that is in direct contact with, holding and securing regulated medical waste (e.g., a red bag or sharps container, etc.).

(213)Processed scrap metal is scrap metal which has been manually or physically altered to either separate it into distinct materials to enhance economic value or to improve the handling of materials. Processed scrap metal includes, but is not limited to, scrap metal which has been baled, shredded, sheared, chopped, crushed, flattened, cut, melted, or separated by metal type (i.e., sorted), and, fines, drosses and related materials which have been agglomerated.

(214)Processing for the purposes of Subpart 361-8 of this Title, consists of filtration to remove food particles, heating to remove water, or any other physical separation process to purify waste cooking oil or yellow grease.

(215)Processing for the purposes other than Subpart 361-8 of this Title, means the use of a combination of structures, machinery or devices to alter the volume or the chemical or physical characteristics of solid waste. Basic handling or compacting of waste at a transfer facility is not considered processing.

(216)Product stewardship means the act of producer responsibility, which may be voluntary, mandatory or shared with all product stakeholders, for minimizing a product's health and environmental impacts throughout all stages of the product's life cycle including end-of-life management.

(217)Prohibited radioactive material means radioactive material subject to Part 380 of this Title.

(218)Project engineer means a professional engineer capable of operating independently and without influence who is a representative of the permittee or is an independent environmental monitor funded by the permittee and who certifies that activities related to the facility conform to the engineering design contained in the permit and the applicable regulations.

(219)Prompt scrap metal means metal generated by metal working or metal fabrication industries. It includes turnings, cuttings, punchings and borings.

(220)Public contact area means, for the purposes of Part 361 of this Title, land with a high potential for contact by the public including, but not limited to, public parks, ball fields, cemeteries, plant nurseries, turf farms, golf courses and school yards.

(221)Public water supply means a public water system as defined in the State Sanitary Code (10 NYCRR Part 5).

(222)Public water supply stabilized cone of depression area means the surface and subsurface area between a public water supply well or well field and the 99 percent theoretical maximum extent of the stabilized cone of depression of that well or well field considering all flow system boundaries and seasonal fluctuations.

(223)Pulverized means processed by mechanical means, including, but not limited to, crushing, grinding, chipping, or shredding, by mobile or fixed equipment that breaks and intermixes the components of waste into small fragments so that the basic constituents of these fragments are not recognizable.

(224)Putrescible means the tendency of organic matter to decompose with the formation of malodorous byproducts. For the purposes of Subparts 361-1 and 361-5 of this Title, uncontaminated wood and paper products are not considered putrescible.

(225)Qualified environmental professional means a person who possesses sufficient specific education, training, and experience necessary to exercise professional judgment to develop opinions and conclusions regarding the presence of releases or threatened releases to the surface or subsurface of a property or off-site areas, sufficient to meet the objectives and performance factors for the areas of practice identified by this Title. The qualified environmental professional must:

(i) hold a current professional engineer's or a professional geologist's license or registration issued by the State or another state, and have the equivalent of three years of full-time relevant experience; or

(ii) be a site remediation professional licensed or certified by the Federal government, a state or a recognized accrediting agency, to perform investigation or remediation tasks consistent with department guidance, and have the equivalent of three years of full-time relevant experience.

(226)Qualified groundwater scientist or licensed New York State professional geologist means a scientist or engineer who has received a baccalaureate or graduate degree in the natural sciences or engineering and has sufficient training and experience in groundwater hydrology or related fields to enable that individual to make sound professional judgments regarding hydrogeological investigations, groundwater monitoring, contaminant fate and transport, and corrective actions and corrective measures.

(227)Radiopharmacy means a specialized pharmacy, registered by the New York State Department of Education, Board of Pharmacy, that compounds and dispenses radiopharmaceuticals.

(228)Raw sewage means any untreated sanitary waste, consisting primarily of human feces and water.

(229)Receiving facility means the solid waste management facility or hazardous waste management facility authorized to accept the specified waste for transfer, storage, treatment or disposal.

(230)Recognizable means the individual components of waste can be readily identified by unaided visual observation.

(231)Record drawings means, with respect to the construction of a facility, each drawing, specification, addendum, written amendment, change order, work directive change, field order, and written interpretation and clarifications in good order and annotated to show all changes made during construction that constitutes a physical record detailing how a particular facility was constructed in accordance with the permit for the facility.

(232)Recyclable means a component of waste which exhibits the potential to be recycled.

(233)Recyclables handling and recovery facility means a facility that processes source-separated non-putrescible recyclables.

(234)Recyclables recovery equipment means structures, machinery or devices, singly or in combination, that are designed, constructed and required primarily to separate, process, modify, convert, treat, or prepare collected recyclable waste components. The equipment is included as part of a recyclables recovery program so that waste component materials or substances or recoverable resources may be used as a raw material for new products or for useful purposes other than energy recovery.

(235)Recyclables recovery program means a program approved by the Commissioner, which is undertaken by a municipality consistent with requirements of section 120-aa of the New York State General Municipal Law and any local solid waste management plan (LSWMP) or comprehensive recycling analysis (CRA) in effect pursuant to Part 366 of this Title or section 360-1.11 of this Part respectively, to provide for the environmentally sound recovery of recyclables, primarily involving the collection, aggregation and processing of recyclable materials for their use as raw materials for new products or for other useful purposes other than energy recovery, through facilities planned, designed and constructed to ensure environmental protection and to maximize the potential for recyclables recovery.

(236)Recycle means the series of activities by which recyclables are collected, sorted, processed, and converted into raw materials or used in the production of new products, or, in the case of organic recyclables, used productively for soil improvement. This term excludes thermal treatment (other than anaerobic digestion) or the use of waste as a fuel substitute or for energy production, alternate operating cover, or within the footprint of a landfill.

(237)Redemption center means the same as defined in Part 367 of this Title.

(238)Refuse-derived fuel means waste that is processed at a municipal solid waste processing facility and used as a feedstock in a thermal treatment facility.

(239)Regulated waste for purposes of Part 364 of this title, means wastes that must be transported by persons authorized under Part 364 of this title and which are identified in section 364-1.2 of this title.

(240)Regulated medical waste (RMW) for the purpose of this Title, means waste generated in diagnosis, treatment or immunization of humans, or animals, in research pertaining thereto, or in production and testing of biologicals; provided, however, that regulated medical waste must not include hazardous waste and household medical waste, except as prescribed in subparagraph (ii) of this paragraph.

(i) Regulated medical waste includes:

(a) cultures and stocks of infectious agents, culture dishes and devices used to transfer, inoculate or mix cultures that have come into contact with or are known to be contaminated with biological agents infectious to humans, or agents of economic concern (e.g., foreign animal diseases);

(b) human pathological waste, including tissue, organs, body parts, excluding teeth and contiguous structures of bone and gum, body fluids removed during surgery, autopsy or other medical procedures, specimens of body fluids and their containers, and discarded materials saturated with body fluids other than urine. Human pathological waste must not include urine or fecal material submitted for purposes other than diagnosis of infectious diseases;

(c) human blood and blood products, including their components (e.g., serum and plasma), containers with free-flowing blood, discarded blood products as defined in 10 NYCRR Subpart 58-2, and materials saturated with flowing blood (except feminine hygiene products);

(d) sharps, whether used or unused, including residential sharps accepted by a facility regulated under Article 28 of the Public Health Law pursuant to Section 1389-dd (4) of the Public Health Law;

(e) animal waste, including animal carcasses, body parts, body fluids, blood or bedding originating from animals known to be contaminated with infectious agents (e.g., zoonotic or potentially zoonotic organisms) or from animals inoculated with infectious agents for purposes including, but not limited to, research, production of biologicals, or drug testing. Body fluids include urine and feces when infectious agents are known to be shed in the urine and feces; and

(f) any other waste materials containing infectious agents designated by the Commissioner of Health as regulated medical waste.

(ii) Regulated medical waste does not include:

(a) human cadavers managed in accordance with Article 42 of the Public Health Law and the New York State Department of State rules for cemeteries and crematories;

(b) discarded and essentially empty urine collection bags and tubing, urine specimen cups, urinary catheters, bedpans contaminated with feces, and urine bottles, unless the item was submitted as a clinical specimen for laboratory tests or the patient was found to have a disease transmitted through urine or feces;

(c) tissue blocks of organs or tissues which have been fixed in paraffin or similar embedding materials for cytological or histological examination;

(d) organs, tissue or recognizable body parts that have been removed during surgery or child birth, except a fetus, and retained by the patient for religious or other purposes provided that the organs, tissue or body parts are not provided to another person in any form, and are not a potential source of disease transmission, as determined by a health care professional;

(e) bandages, gauze, or cotton swabs or other similar absorbent materials unless they are saturated or would otherwise release blood or human body fluids, other than urine, if compressed;

(f) housekeeping waste from hotels, except medical waste generated from the provision of healthcare at a hotel;

(g) cleaned soiled bedding from commercial laundry facilities that is intended for reuse;

(h) veterinary medical waste, if generated by the owner of a companion animal;

(i) medical waste, including sharps, generated through the self-administration of medicine in a household, excluding waste containing cultures;

(j) pharmaceutical waste generated in a household;

(k) contaminated foodstuffs;

(l) genetically modified or attenuated infectious agents and their products used in the diagnosis, treatment or immunization of human beings or animals or for research or production of biologicals, including attenuated vaccines, antigens and antitoxins provided genetic modification or attenuation has been conducted to render the infectious agent non-infectious;

(m) bandages, gauze, or cotton swabs or other similar absorbent materials that are not saturated and do not otherwise release blood or human body fluids if compressed and that are generated from cosmetology, ear piercing or tattooing practices. However, contaminated sharps generated from these practices must be managed as regulated medical waste;

(n) materials containing an infectious agent at a concentration naturally occurring in the environment, including samples for routine laboratory analyses of foodstuffs, environmental samples, quality control samples, etc.;

(o) medical equipment that is not mixed with RMW and is intended for reuse in a medical setting or equipment used for testing where the components within which the equipment is contained, essentially function as packaging; and

(p) used health care products not conforming to the requirements in 29 CFR 1910.1030 and being returned to the manufacturer or the manufacturer's designee if transported in accordance with 49 CFR 173.134(b)(12). This does not apply to used health care products being transported for treatment as RMW.

(241)Remediation means the actions taken to correct or prevent a release of a contaminant into the environment.

(242)Representativeness means the degree to which analytical data accurately and precisely represent parameter variations at a sample location or the level of contaminants in the medium being sampled.

(243)Representative sample means a sample that exhibits the average or typical properties of the larger population.

(244)Reprocessed with respect to a single-use device, means an original device that has been used on a patient and has been subjected to additional processing and manufacturing for the purpose of an additional single use on a patient.

(245)Residence time means the time necessary for effective treatment of waste at a specific temperature, pressure, irradiation level or chemical concentration.

(246)Residential waste means waste generated from a household.

(247)Residue means waste remaining after processing or treatment at a facility.

(248)Revenue-oriented municipal facility means any landfill that receives waste for disposal from outside its municipality for the purpose of generating revenue beyond that necessary to operate that landfill or associated solid waste management activities.

(249)Riparian means the special flood hazard area and any adjacent wetland integral to the surface water.

(250)Rural means an area in the state with a population density less than 325 people per square mile.

(251)Saturated zone means the zone in which the voids in the rock or soil are filled with water at a pressure equal to or greater than atmospheric. The water table is the top of the saturated zone in an unconfined aquifer.

(252)Scrap metal processor means a facility that receives, decommissions, processes, dismantles, stores, or recycles ferrous and/or non-ferrous metal and discarded metal-containing products, including appliances.

(253)Secondary container means the non-bulk outer packaging or containment system used to hold and secure a primary container. A secondary container is a disposable or reusable rigid pail, carton, drum or portable bin that is, under normal conditions of use, leak-resistant, strong enough to prevent tearing or bursting, puncture resistant, impervious to moisture, has leak-proof sides and bottom, has a tight-fitting cover or is otherwise closeable, and is in good repair.

(254)Seismic impact zone means an area with a 10 percent or greater probability that the maximum horizontal acceleration in lithified earth material, expressed as a percentage of the earth's gravitational pull (g), will exceed 0.10g in 250 years (or two percent or greater probability in 50 years) as delineated on a United States Geological Survey (USGS) National Earthquake Hazard Reduction Program (NEHRP) Probabilistic Earthquake Acceleration and Velocity Map for the United States and Puerto Rico, or other equivalent seismic hazard map, or site-specific probabilistic seismic hazard analysis approved by the department.

(255)Select agent or toxin means a biological agent or toxin determined to have the potential to pose a severe threat to public health or safety, to animal or plant health, or to animal or plant products as outlined in 7 CFR Part 331, 9 CFR Part 121, and 42 CFR Part 73, as incorporated by reference in Section 360.3 of this Title.

(256)Septage means the contents of a septic tank, composting toilet, or other individual sewage treatment facility that receives raw sewage, but does not include the contents of portable toilets or holding tanks.

(257)Service area means the geographical area from which waste is received.

(258)Sharp means an item capable of causing percutaneous injury including, but not limited to, hypodermic, intravenous or other medical needles (used or unused and including self-sheathing or retractable needles); hypodermic or intravenous syringes to which a needle (used or unused) or other sharp is attached; Pasteur pipettes; scalpel blades; blood vials; and broken and unbroken glass, including microscope slides and cover slips, and broken or fractured rigid plastic ware (including plastic micropipette tips capable of causing a puncture) in contact with infectious agents. Sharps do not include those parts of syringes specifically designed to allow easy removal of a hypodermic, intravenous or other medical needle, and are intended for recycling or other disposal, provided the needle has been removed and the syringe has not been in contact with infectious agents.

(259)Site life for the purposes of Subpart 361-2 of this Title, means the maximum number of years that waste can be applied to an identified area or location without exceeding the cumulative loading limit.

(260)Sludge means solid, semi-solid or liquid waste generated by a process that separates the liquid and solid fractions of the waste from a wastewater treatment plant, water supply treatment plant, industrial process, or wet air pollution control technology but does not include the treated effluent from a wastewater treatment plant.

(261)Soil means naturally occurring unconsolidated, granular material consisting of variable proportions of rock fragments, sand, silt, clay and organic matter, the latter derived from plants and animals living within or upon the soil.

(262)Solid waste management facility means the same as facility.

(263)Source separation means the segregation of recyclables from the waste stream at the point of generation for separate collection, transportation, sale, recycling or other lawful management.

(264)Source separation equipment for the purposes of Part 369 of this Title means municipally-owned:

(i) containers for the source separation and temporary storage of recyclables by commercial, industrial and institutional generators, and for the source separation and temporary storage of recyclables by single-family and multiple-family dwellings before collection;

(ii) add-ons or trailers designed to modify collection vehicles to allow sorting and separation of collected wastes held for the purpose of recycling;

(iii) bins, sheds or other structures for the temporary storage of materials before transport for the purposes of recycling; and

(iv) collection vehicles specifically dedicated to holding and transporting source-separated recyclables for the useful life of the vehicles.

(265)Source-separated organics means organic material that has been separated at the point of generation including, but not limited to, food scraps, food processing waste, soiled or unrecyclable paper, and yard trimmings. Source-separated organics do not include industrial waste, animal mortalities or parts, biosolids, sludge, septage, or other waste with significant pathogen content.

(266)Source-separated recyclables means recyclables that have been separated from the waste stream at the point of generation pursuant to state or local law or ordinance or a voluntary program where the transporter manages the materials in a source-separated manner.

(267)Special flood hazard area means the 100-year floodplain as designated on a map acceptable to the Department.

(268)Specific oxygen uptake rate or SOUR means the mass of oxygen consumed per unit time per unit mass of total solids on a dry weight basis.

(269)Stabilized sludge means sludge that has been digested or otherwise treated to reduce putrescibility and odor, pathogenic organisms and, except for treatment by lime stabilization, volatile solids content.

(270)State assistance means funds available, other than by loan, from the State government for construction or program purposes pursuant to any State law or program.

(271)State assistance payment means the payment of monies by the State to municipalities or other eligible entities for undertaking, pursuant to contract, projects authorized under Part 369 of this Title.

(272)State Fiscal Year means the period of April 1 through March 31 of the following year.

(273)Storage means the temporary holding or containment of waste in a manner which does not constitute disposal. However, any waste retained on-site for a period in excess of 12 months constitutes disposal, unless otherwise specified in this Part or Parts 361 through 365 of this Title.

(274)Storage area for the purposes of Part 365 of this Title means a room, delineated area or designated space designed for storage of regulated medical waste or other infectious waste, within a building, or within or on any permanent structure attached or unattached to a building, including a loading dock, situated on property owned by or under management of the facility operator. Storage area does not include a trailer, bulk outer container, and other transportable container or vehicle not owned by the facility but situated on a facility property.

(275)Suburban means an area in the State with a population density between 325 and 5,000 people per square mile.

(276)Surface impoundment means a structure that is designed to hold waste in semi-solid or liquid form and that is not an injection well or a tank, or container.

(277)Surface water means lakes, bays, sounds, ponds, impounding reservoirs, perennial streams and springs, rivers, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial limits of New York State, and all other perennial bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private.

(278)Suspect asbestos-containing material means material identified in 12 NYCRR 56-5.1(f)(1)(i) and (ii).

(279)Taking of endangered or threatened species means disturbing, harassing, harming, pursuing, hunting, wounding, killing, trapping, capturing or collecting endangered or threatened species, or attempting to engage in this conduct.

(280)Tank means a non-earthen structure designed to contain waste in semi-solid or liquid form.

(281)Thermal treatment means the exposure of waste to elevated temperatures for the purpose of changing the chemical, physical or biological character or composition of the waste, and includes pyrolysis, gasification, hydrolysis or other similar processes, but does not include composting or anaerobic digestion.

(282)Third party means a party who is neither the owner or operator of a facility, or a parent or subsidiary company of the owner or operator.

(283)Title means Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York, unless otherwise indicated.

(284)Total expenditures means all expenditures excluding capital outlays and debt repayment.

(285)Total revenues means revenues from all taxes and fees but does not include the proceeds from borrowing or asset sales, excluding revenue from funds managed by a municipality on behalf of a another party.

(286)Toxic Drug Waste means waste contaminated by or mixed with chemotherapeutic materials (e.g., cytotoxic, antimetabolite or antineoplastic formulations containing pharmaceuticals that are designed to have destructive effects on human or animal cells), DEA controlled substances (e.g., narcotic pharmaceuticals) or infectious nanopharmaceuticals (e.g., drugs with delivery systems in the nanometer range) not regulated as hazardous waste under 6 NYCRR Part 371 of this Title.

(287)Toxin means the toxic biological material, whatever its origin and method of production, from plants, animals, or microorganisms including, but not limited to, bacteria, viruses, fungi, rickettsia, or protozoa; infectious substances; or a recombinant or synthesized molecule. Toxin includes any poisonous substance or biological product that may be: engineered as a result of biotechnology; produced by a living organism; or any poisonous isomer or biological product, homolog, or derivative of such a substance.

(288)Traditional fuel for purposes of Subpart 362-1 of this Title means any material burned for its energy content that is not designated pursuant to Section 200.1 of this Title as refuse and is not considered an alternative fuel as defined in paragraph 360.2(b)(7) of this Part.

(289)Transfer facility means a facility that receives solid waste, including source-separated recyclables, for the purpose of transfer to another facility for processing, treatment, disposal or further transfer.

(290)Transport vehicle means a cargo-carrying motor vehicle or part of a vehicle including an automobile, van, tractor, truck, semitrailer, cargo tank vehicle or other device or contrivance. In the case of a semi-trailer combination, the trailer is considered to be the transport vehicle; and in the case of a roll-off container, bulk package or other removable containment device, it is the mobile flatbed or the undercarriage that is considered to be the transport vehicle. Each cargo-carrying motor vehicle is a separate transport vehicle.

(291)Transportation corridor is the area surrounding a public road where public access is limited by institutional or physical means so as to prevent direct contact with soils.

(292)Transporter means a person engaged in the off-site transportation of waste by means of air, rail, highway, or water conveyance.

(293)Treated regulated medical waste means regulated medical waste and other infectious waste that has been properly treated by authorized facilities in accordance with Part 365 of this Title.

(294)Treatment means, except as used in Part 365 of this Title, any method, technique, or process designed to change the chemical or biological character or composition of any waste to recover energy or materials from it, to render it safer to transport, store or dispose of or to make it amenable for reuse, recovery, storage, or reduction in volume.

(295)Treatment for the purposes of Part 365 of this Title means any method, technology or process designed to irreversibly change the character or composition of any regulated medical waste or other infectious waste so that it no longer constitutes a threat to public health and the environment. Treatment does not include compaction or disinfection.

(296)Tree debris means waste consisting of tree and shrub parts, including branches, stumps, and trunks, as well as other similar woody vegetation. Tree debris does not include pallets or dimensional lumber and other similar wood material used in construction.

(297)Ultimate user for the purposes of this Title means a person who has lawfully obtained, and who possesses, a controlled substance for his own use or for a member of his household.

(298)Unadulterated wood means wood products, that are not painted, chemically treated (e.g., pressure-treated wood or treated railroad ties), or manufactured with chemicals such as glues or adhesives (e.g., plywood or particle board).

(299)Uncontaminated means material that is not commingled with, and does not contain the following:

(i) other unauthorized waste;

(ii) petroleum and petroleum products, except those present solely as a result of normal use of vehicles on roadways or parking areas;

(iii) pesticides except those present solely as a result of the proper application in normal agricultural or horticultural practices; and

(iv) hazardous waste.

(300)Under the control means subject to the full or partial power to manage or cause a change in the policies of a facility, directly or indirectly, whether through the ownership of voting securities, by contract, lease, franchise agreement, easement or otherwise.

(301)Underground tank means any stationary tank which has ten percent or more of its volume beneath the surface of the ground or is covered by materials.

(302)Undeveloped land means land with no structures, no infrastructure, and no grading or site improvement.

(303)USDOT means the United States Department of Transportation.

(304)USFDA means the United States Food and Drug Administration.

(305)Unsaturated zone means the zone between the land surface and the water table in which the voids in the rock or soil are partially or intermittently filled with water. Saturated bodies, such as perched groundwater, may exist in the unsaturated zone.

(306)Unstable area means land subject to natural or human-induced forces that may damage the structural components of a facility. This includes, but is not limited to, land on which the soils are subject to mass movement.

(307)Untreatable waste means, as defined in ECL 27-0704, material that because of its size or composition cannot be processed by a treatment facility.

(308) Untreated solids means the organic materials in biosolids that have not been treated in either an aerobic or anaerobic treatment process.

(309)Upgradient water quality means the chemical composition of water in the water body or groundwater that is hydraulically upgradient of a facility and which is representative of the flow system before it has passed by or beneath the facility.

(310)Urban means an area in the state with a population density of more than 5,000 people per square mile.

(311)Used cooking oil means a vegetable or animal-based oil that is generated from cooking or frying foods and is a liquid at room temperature (68 degrees Fahrenheit). Used cooking oil may contain food particles and water. Used cooking oil does not include brown grease.

(312)Used cooking oil and yellow grease processing facility means a facility that accepts used cooking oil or yellow grease for processing to produce ingredients for manufactured products (such as animal feed, etc.) or biofuels,, including biodiesel.

(313)Used oil means any oil that has been refined from crude oil, or any synthetic oil, that has been used, and as a result of use, is contaminated by physical or chemical impurities.

(314)Validation testing means procedures conducted at the site of an alternative waste treatment system, a combustor, an effluent decontamination system or an autoclave prior to initial operation for waste treatment, the purpose of which is to demonstrate, under pre-established operating parameters, the effective treatment of regulated medical waste or other infectious waste at the installation site.

(315)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.

(316)Vector attraction means the characteristic of certain waste that attracts rodents, flies, mosquitoes, vermin, or other organisms capable of transporting infectious agents.

(317)Vehicle for the purposes of Part 364 of this Title means any motor vehicle, trailer, water vessel, railroad car, airplane, or other device used to contain and transport regulated waste.

(318)Vehicle dismantling facility means a facility that stores, decommissions, dismantles, and recycles end of life vehicles.

(319)Volatile solids means the amount of the total solids lost when waste is combusted at 550 degrees Celsius in the presence of excess air.

(320)Waste oil for purposes of Part 364 is used engine lubricating oil and any other oil, including but not limited to, fuel oil, motor oil, gear oil, cutting oil, transmission fluid, hydraulic fluid, dielectric fluid, oil storage tank residue, animal oil, and vegetable oil which has been contaminated by physical or chemical impurities, through use or accident, and has not subsequently been re-refined.

(321)Waste reduction projects means projects undertaken to reduce the volume (quantity) or toxicity of materials entering the municipal solid waste stream, by reducing the volume (quantity) or toxicity of the materials at the point of generation. Waste reduction projects include planning and educational or promotional activities to increase public awareness of:

(i) methods to prevent the generation of waste;

(ii) the recovery and reuse of certain materials;

(iii) the use of refillable or reusable packaging;

(iv) audits of procedures and practices, resulting in the elimination or reduction of materials disposed;

(v) substitution of nontoxic household products; and

(vi) the promotion of backyard or on-site composting.

(322)Waste tire means waste which consists of whole tires (on or off the rims) or portions of tires from a vehicle or motor vehicle as defined in ECL section 27-1901, including tire casings separated for retreading and tires with sufficient tread suitable for resale. Waste tire does not include crumb rubber derived from waste tires.

(323)Waste tire handling and recovery facility means a facility that stores, handles and/or processes waste tires.

(324)Waste transporter means a person engaged in the transport of regulated waste originating or terminating at a location in New York State.

(325)Water table means the surface of a body of unconfined groundwater between the saturated zone and the unsaturated zone at which the pressure is equal to that of the atmosphere. The groundwater table does not include the potentiometric head level in a confined aquifer.

(326)Wood debris means unadulterated wood pallets and unadulterated wood that originates from wood product manufacturing or other similar sources and does not include construction and demolition debris wood.

(327)Working face means that portion or portions of a landfill where waste is deposited and compacted before placement of operating cover material.

(328)Yard trimmings means, leaves, grass clippings, garden and other plant debris, small tree branches and limbs (less than four inches in diameter). Yard trimmings does not include agricultural waste.

(329)Yellow grease means vegetable or animal-based oil that is generated from cooking or frying foods and is a solid at room temperature (68 degrees Fahrenheit). It may contain food particles and water. Yellow grease does not include grease trap waste.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 360.2

Adopted New York State Register September 20, 2017/Volume XXXIX, Issue 38, eff. 11/4/2017

Amended New York State Register June 7, 2023/Volume XLV, Issue 23, eff. 7/22/2023

Amended New York State Register June 21, 2023/Volume XLV, Issue 25, eff. 7/23/2023