§ 8-02 Definitions.
RCNY § 8-02
Asbestos. "Asbestos" means any hydrated mineral silicate separable into commercially usable fibers, including but not limited to the asbestiform varieties of chrysotile, amosite, crocidolite, anthophyllite-asbestos, actinoliteasbestos and tramolite-asbestos, or any combination thereof. Cause or permit. "Cause or permit" means to contract, agree, authorize, allow or otherwise arrange, either directly or indirectly, with another person. Commissioner. "Commissioner" means the Commissioner of the New York City Department of Sanitation or his authorized delegate. Department. "Department" means the New York City Department of Sanitation. Disposal. "Disposal" means the dumping, depositing, spilling or placing of waste containing asbestos onto or into any land or water so that such waste containing asbestos may enter the environment or be emitted into the air or discharged into any waters including groundwaters. It includes the abandonment of waste containing asbestos at the site of generation or elsewhere. Friable. "Friable" means material which hand or other mechanical pressure can crumble, pulverize or reduce to powder when dry. Leak-tight container. "Leak-tight container" means any portable device in which waste containing asbestos is stored, transported, disposed of or otherwise handled which does not permit the escape of visible emissions of asbestos dust into the air. A leak-tight container must bear the following warning: CAUTION Contains Asbestos Avoid Opening or Breaking Container Breathing Asbestos is Hazardous to Your Health or another warning label authorized by federal law or regulation. A leak-tight container must be sufficiently durable in nature to withstand penetration of its contents by piercing, chemical disintegration, or otherwise, during its expected use, which may include storage, transport and disposal. For a plastic bag to be deemed a leak-tight container, the plastic must be six mil or thicker, and the bag must be sealed securely with tape or knotted tightly into itself. Person. "Person" means an individual, trust, estate, firm, joint stock company, corporation (including a government corporation), partnership, association, municipality, commission, political subdivision of a municipality, department or bureau of a municipal government, any intercounty body, or any other legal entity. Present for disposal. "Present for disposal" means to transport or cause to transport waste containing asbestos to a site for disposal. Present for storage at the site of generation. "Present for storage at the site of generation" means to complete production of waste containing asbestos. Production is deemed to be completed as to the waste containing asbestos produced, when sufficient waste containing asbestos to fill a single leak-tight container of the type being used at a particular site of generation has been produced, at the end of each work shift, or once each working day, whichever occurs soonest. Present for storage away from the site of generation. "Present for storage away from the site of generation" means to complete transport of waste containing asbestos from one holding place to another. It refers to the time of arrival at the latter holding place. Present for transport. "Present for transport" means to move waste containing asbestos away from the site of generation or other storage place out to a street or into a vehicle or a vehicular container and does not end until transport commences. Site of generation. "Site of generation" means the building, facility or premises at which waste containing asbestos was produced. Storage. "Storage" means the holding of waste containing asbestos for a temporary period at the site of generation or at another stationary place including a non-moving vehicle or vehicular container at the end of which the waste containing asbestos is moved elsewhere. It commences immediately after presentation for storage. Transport. "Transport" means the movement of waste containing asbestos by air, rail, ground or water. Visible emissions of asbestos dust into the air. "Visible emissions of asbestos dust into the air" mean any emissions containing particles of asbestos that are visually detectable without the aid of instruments. This does not include condensed uncombined water vapor. Waste. "Waste" means any material which has served its original intended use and is customarily discarded, is a manufacturing byproduct and is customarily discarded, or has actually been discarded. Waste containing asbestos and waste which contains asbestos. "Waste containing asbestos" and "waste which contains asbestos" means any waste which has been produced as a result of any industrial or commercial activity, as long as the material of which such waste is composed is not less than 1% friable asbestos by weight, such as, but not limited to, boilers, pipes, soundproofing, thermal insulation, fireproofing, floor, ceiling or roofing tiles, plaster, beams, girders, walls, ceilings, brake linings, and disposable clothing, equipment and supplies used during the process of removing asbestos. Wet down. "Wet down" means to saturate waste containing asbestos with water which has been treated, in accordance with the directions of the manufacturer, with a wetting agent. Wetting agent. "Wetting agent" means a surfactant which, when added to water, will enhance its qualities of penetration and adhesion. It should be 50% polyoxyethylene ester and 50% polyoxyethylene ether, or the equivalent and must not be a hazardous waste as defined in applicable federal and state regulations.
