§ 4-39 Definitions.
RCNY § 4-39
When used in this subchapter: Commissioner. "Commissioner" shall mean Commissioner of Sanitation or his or her representative. Construction and demolition debris. "Construction and demolition debris" shall mean non-putrescible solid waste resulting from any excavation, or any construction, demolition, alteration, repair, or renovation of any structure, building or premises. Equipment. "Equipment" shall mean all implements used in the operation of the intermodal solid waste container facility, including but not limited to motor-driven machinery. Intermodal container. "Intermodal container" shall mean a container meeting the specification requirements of 16 RCNY § 4-43 that is used for the transport of solid waste to or from an intermodal solid waste container facility. Intermodal solid waste container facility. "Intermodal solid waste container facility" shall mean a facility or premises served by rail or vessel at which intermodal containers are transferred from transport vehicle to transport vehicle for the purpose of consolidating intermodal containers for shipment by rail or vessel to an authorized disposal or treatment facility, where the contents of each container remain in their closed containers during the transfer between transport vehicles, and storage remains incidental to transport at the location where the containers are consolidated. Non-putrescible solid waste. "Non-putrescible solid waste" shall mean solid waste that does not contain organic matter having the tendency to decompose with the formation of malodorous by-products, including but not limited to dirt, earth, plaster, concrete, rock, rubble, slag, ashes, waste timber, lumber, plexiglass, fiberglass, ceramic tiles, asphalt, sheetrock, tar paper, tree stumps, wood, window frames, metal, steel, glass, plastic pipes and tubes, rubber hoses and tubes, electric wires and cables, paper and cardboard. Person. "Person" shall mean any individual, corporation, partnership, association, firm, trust, estate or any other legal entity whatsoever. Putrescible solid waste. "Putrescible solid waste" shall mean solid waste containing organic matter having the tendency to decompose with the formation of malodorous by-products. Solid waste. "Solid waste" shall mean all putrescible and non-putrescible materials or substances, other than those materials or substances described in subdivision (b) of this definition, that are discarded or rejected, including but not limited to, garbage, refuse, waste collected by any person required to be licensed or permitted pursuant to Subchapter 18 of Chapter 2 of Title 20 of the Administrative Code of the City of New York, rubbish, tires, ashes, contained gaseous material, incinerator residue, construction and demolition debris, discarded automobiles and offal. Such term shall include recyclable materials, as defined in § 16-303 of Title 16 of the Administrative Code of the City of New York.
(a)A material is discarded or rejected if it is: (1) spent, useless, worthless or in excess to the owners at the time of such discard or rejection; (2) disposed of; (3) burned or incinerated, including material burned as a fuel for the purpose of recovering usable energy; or (4) accumulated, stored or physically, chemically or biologically treated (other than burned or incinerated) instead of or before being disposed of.
(b)The following are not solid waste for the purpose of this section: (1) domestic sewage; (2) any mixture of domestic sewage and other wastes that passes through a sewer system to a publicly owned treatment works for treatment, except any material that is introduced into such system in order to avoid the provisions of this subchapter, 24 RCNY Health Code Article 157, Title 16 of the Administrative Code of the City of New York, or of State regulations promulgated to regulate solid waste management facilities; (3) industrial wastewater discharges that are actual point source discharges subject to permits under article seventeen of the environmental conservation law; provided that industrial wastewaters while they are being collected, stored or treated before discharge and sludges that are generated by industrial wastewater treatment are solid wastes; (4) irrigation return flows; (5) radioactive materials that are source, special nuclear, or by-product material under the federal Atomic Energy Act of 1954, as amended, 42 U.S.C. §§ 2011 et seq.; (6) materials subject to in-situ mining techniques that are not removed from the ground as part of the extraction process; (7) hazardous waste as defined in § 27-0901 of the Environmental Conservation Law, including material containing hazardous waste; and (8) regulated medical waste as defined in Title 15 of Article 27 of the New York State Environmental Conservation Law, in Title 13 of Article 13 of the New York State Public Health Law or in § 16-120.1 of the Administrative Code of the City of New York or any rules promulgated pursuant to such provisions of law. Transport vehicle. "Transport vehicle" shall mean any motor vehicle, rail car, vessel, or other means of transportation used to deliver intermodal containers into, or to remove intermodal containers from, an intermodal solid waste container facility. Vessel. "Vessel" shall mean any barge, ship, boat, or other floating craft used for transportation in or on a waterway.
