Each of the following words, terms, or phrases shall have for the purposes of these Rules and Regulations, the sense or meaning prescribed by its definition:
Ashes. "Ashes" means cinders, coal and every other such substance which is left unconsumed by fire in stoves, furnaces, ranges, firepots, fireplaces, and other such places.
Brush. "Brush" means wood components of yard waste, including tree branches, prunings and other similar materials, which are greater than three quarters (3/4) of an inch in diameter.
Burnable material. "Burnable material" means putrescible solid waste, non-putrescible solid waste and other combustibles excepting dangerous materials.
Burnable rubbish. "Burnable rubbish" means non-putrescible solid waste that may be burned mixed with putrescible solid waste, without additional or supplementary fuel, at incinerator furnace temperatures ranging from 800°F. up including, but not limited to, paper, dry rags, cartons, boxes, small pieces of wood, excelsior in small quantities, broken furniture, bedding, small pieces of old leather, tree branches in short pieces, and yard trimmings.
Commissioner. "Commissioner" means the Commissioner of the Department of Sanitation.
Compost Facility. "Compost Facility" means a facility operated by the Commissioner and used for the aerobic and thermophilic decomposition of organic constituents of solid waste to produce a stable, humus-like material.
Compostable Material. "Compostable material" means organic constituents of solid waste including, but not limited to, yard waste, that are capable of being processed aerobically and thermophilically to form a stable, humus-like material.
Dangerous material. "Dangerous material" means:
(1) Any substance, or compound, or mixture, or article having properties of such a character that alone, or in combination or contiguity with other substances or compounds; it may decompose suddenly and generate sufficient heat, or gas, or pressure to produce rapid flaming combustion, or administer a destructive blow to surrounding objects.
(2) Any chemical or any mechanical mixture containing any oxidizing and combustible units or other ingredients in such proportions, quantities or packing that an ignition by fire, friction, concussion, percussion or detonation of any part of the compound or mixture may cause sudden generation of highly heated gases that the resultant gaseous pressure is capable of producing destructive effects upon life, limb or contiguous objects.
(3) Including, but not limited to,
(i) animal hides in quantities
(ii) magnesium strips, foil, powder
(iii) sulphur
(iv) phosphorus
(v) mercury
(vi) unused flash bulbs
(vii) any sealed object containing a gas or liquid and canned goods
(viii) any container used for or containing:
(A) benzene
(B) cigarette lighter fluid
(C) cleaning fluid
(D) alcohol
(E) acetone
(F) ether
(G) oil
(H) any other inflammable substance
(ix) celluloid
(x) calcium carbide
(xi) sawdust
(xii) any finely divided or powdered materials
(xiii) any other chemicals
(xiv) cellulose nitrate
(xv) buffing from resin compounds
(xvi) fine wool in quantities
(xvii) boxes, barrels or baskets with steel hoops or bindings.
Department. "Department" means Department of Sanitation or its agents or designees.
Incinerator. "Incinerator" means plant owned by the City of New York and operated by the Commissioner to incinerate burnable material.
Location. "Location" means in the generic sense, any location operated by the Commissioner for the disposal, composting or incineration of material, or for an intervening stage or step to final disposal; and, as the context indicates, an incinerator, or a marine transfer station, or a truck landfill, or a marine unloading plant, or a composting facility.
Marine transfer station. "Marine transfer station" means a waterfront location operated by the Commissioner to load materials into barges for marine transportation to another point for final disposal.
Marine unloading plant. "Marine unloading plant" means a waterfront location where material is unloaded from barges and used to reclaim adjacent low lying swampy land by filling and operated by the Commissioner.
Material. "Material" means in the generic sense, any of the materials defined in these Rules, i.e. ashes or garbage or burnable or dangerous materials or yard waste; and, as the context indicates, a particular defined material.
Non-putrescible Solid Waste. "Non-putrescible Solid Waste" means solid waste, whether or not contained in receptacles, that does not contain organic matter having the tendency to decompose with the formation of malodorous by-products.
Permittee or licensee. "Permittee or licensee" means a person licensed or permitted by the New York City Department of Consumer Affairs pursuant to Subchapter 18 of Chapter 2 of Title 20 of the Administrative Code of the City of New York to collect or dispose of commercial non-putrescible and putrescible solid waste.
Person. "Person" means any individual, partnership, corporation, association, firm, organization, or any other group of individuals, or any officer or employee or agent thereof.
Putrescible Solid Waste. "Putrescible Solid Waste" means solid waste containing organic matter having the tendency to decompose with the formation of malodorous by-products.
Solid Waste. "Solid Waste" means all putrescible and non-putrescible materials or substances, except as described in paragraph (2) of this subsection, 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 subdivision i of § 16-303 of Chapter 1 of Title 16.
(1) A material is discarded or rejected if it is:
(A) spent, useless, or worthless or in excess to the owners at the time of such discard or rejection;
(B) disposed of;
(C) burned or incinerated, including material burned as a fuel for the purpose of recovering useable energy; or
(D) accumulated, stored, or physically, chemically or biologically treated (other than burned or incinerated) instead of or before being disposed of.
(2) The following are not solid waste for the purpose of this subsection:
(A) domestic sewage;
(B) any mixture of domestic sewage and other waste that passes through a sewer system to a publicly owned treatment works facility for treatment, except any material that is introduced into such system in order to avoid the provisions of the Title 16 of the Administrative Code of the City of New York, or of state regulations promulgated to regulate solid waste management facilities;
(C) industrial wastewater discharges that are actual point source discharges subject to permits under Article 17 of the New York State 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;
(D) irrigation return flows;
(E) radioactive materials that are source, special nuclear, or byproduct material under the federal Atomic Energy Act of 1954, as amended, 42 U.S.C. §§ 2011 et seq.;
(F) materials subject to in-situ mining techniques which are not removed from the ground as part of the extraction process;
(G) hazardous waste as defined in § 27-0901 of the New York state environmental conservation law, including material containing hazardous waste; and
(H) 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 and regulations promulgated pursuant to such provisions of law.
Truck landfill. "Truck landfill" means an inland location; low lying, swampy land being reclaimed by filling with material and operated by the Commissioner.
Unburnable material. "Unburnable material" means any material which will not ignite or actively support combustion in a surrounding temperature of 1250°F. during an exposure of sixty seconds including, but not limited to, ashes, plaster, bricks, broken asphalt, concrete, concrete building boards, glass, crockery, metals, granite, marble, other stone and stoneware, porcelain and porcelain ware, slag, mortar, terracotta, gypsum, lime, asbestos, mineral wool, rock wool, hard rubber, and any material containing a high percentage of moisture.
Virgin Wood Chips. "Virgin wood chips" means wood from a tree or tree branch that has been reduced or chipped to a minimum size of one inch and a maximum size of four inches in diameter. Notwithstanding the preceding sentence, a particular load of wood chips may contain de minimis quantities of wood chips, as determined by the Department, that do not meet the minimum or maximum size specifications. Wood chips made from wood that has been milled, painted, chemically treated, contaminated or adulterated in any manner whatsoever shall not be considered virgin wood chips, including, but not limited to, wood chips from pallets or plywood.
Yard Waste. "Yard Waste" means leaves, grass clippings, garden debris, vegetative residue that is recognizable as part of a plant or vegetable, small or chipped branches, and similar material, except that no material greater than eight (8) inches in diameter and eight (8) feet in length shall be considered yard waste.
(a) Material produced or collected outside the City of New York will not be received or accepted from any person.
(b) Material will not be received or accepted at any location unless (1) the person offering it tenders a debit card pursuant to 16 RCNY § 2-06, as applicable, for each load at the rates in effect when such material is received; and (2) unless the vehicle body and/or container clearly displays an official notice from the Department stating the cubic yard capacity of such vehicle and/or any identification number as required by the Department.
(c) Material will not be received or accepted at a Marine Unloading Plant. If the Department designates an area within the site of a Marine Unloading Plant with vehicular access through the inland or upland boundaries of the Plant site as a landfill, materials otherwise acceptable at Truck Landfills generally will be received and accepted at such a landfill.
(d) Unburnable materials will not be received or accepted at incinerators.
(e) Dangerous materials will not be received or accepted at any point, except as provided by these Rules.
(f) Burnable materials will not be received or accepted at truck landfills or marine transfer stations during any period in which the nearest incinerator is accepting burnable material.
(g) Material will be received and accepted at particular locations only while each is open for that purpose. The Commissioner shall determine when a particular location be open.
(h) Material will be received and accepted only when delivered in a vehicle displaying a decal issued for the particular vehicle by the Department of Sanitation indicating the cubic yard capacity of such vehicle and a waste conveyance truck permit or license issued for the particular vehicle in accordance with Subchapter 18 of Chapter 2 of Title 20 of the Administrative Code of the City of New York.
(i) Roll-on/Roll-off containers whose bodies are permanently enclosed and are of a welded steel construction will be accepted at incinerators, provided that the person, permittee, or licensee offering such container complies with all rules and regulations of the Department. All other Roll-on/Roll-off containers shall not be accepted at any incinerator.
(j) Except as provided in subdivision (k) below, overweight vehicles as defined in this subdivision (j) will not be received or accepted at Department disposal facilities as follows:
(1) At Marine Transfer Stations trucks weighing over 40 tons gross will not be received or accepted for disposal of materials.
(2) At landfills and compost facilities trucks weighing over 60 tons gross will not be received or accepted for disposal of materials.
(3) At incinerators trucks weighing over 60 tons gross will not be received or accepted for disposal of materials.
(k) Any person, licensee, or permittee who shall be found to have violated any provisions of these Rules may have his dumping privileges suspended by the Commissioner for a period not to exceed 30 days. In the case of a violation of 16 RCNY § 2-02(j) the following will occur: (1) upon the first violation of such paragraph the materials may be accepted for disposal and an oral warning will be given to the driver of the overweight vehicle. Such oral warning will be followed by a written warning indicating that a second and/or any subsequent violation(s) will result in the suspension of the dumping privileges of the violating person, licensee or permittee for a period not to exceed 30 days; upon suspension, notice of the cause thereof shall be mailed to the violating person, licensee or permittee within two days thereafter (Saturdays, Sundays and legal holidays excluded), and in the same notice the violating person, licensee or permittee shall be informed of the time and place at which the Commissioner or his representative will receive such explanation, excuse, or justification as the violating person, licensee or permittee may care to offer. If the violating person, licensee or permittee shall fail to avail himself of such opportunity at the time and place named, or if after considering the matter submitted by the violating person, licensee or permittee and such other matter as he may deem pertinent, the Commissioner shall be of the opinion that it is not in the public interest to reinstate the dumping privileges, he may order its continued suspension, reinstatement upon compliance with conditions named by him, or revocation effective at a time named by him or for failure to comply with the conditions named by him within the time limited by him. Notice of such decision of the Commissioner and of any revocation shall be mailed to the violating person, licensee or permittee within two days (Saturdays, Sundays and legal holidays excluded), after it is made by the Commissioner.
(l) In the event that any material is offered for disposal, discharged, or otherwise disposed of at any incinerator, Marine Transfer Station, Compost Facility or Truck Landfill, the receipt of which is not authorized or permitted by these Rules, or any other applicable federal, state, or local law or rule, then the person or permittee offering such material shall be responsible for all costs and expenses incurred by the City as determined by the Commissioner in processing such material. These costs include, but are not limited to, the cost of any chemical or other analysis of such materials, the cost of segregation of such material, the cost of providing security, if necessary, the cost of removal and disposal of such material, and any other cost incurred by the City as a result of the dumping or discharge or the attempt to dump such material at any of the above enumerated facilities. The Commissioner reserves the right to direct such person to remove such material within 48 hours of written notification. In addition, in the event dumping privileges have been suspended as provided for under 16 RCNY § 2-02(k), the Commissioner may, as a condition of reinstatement of such dumping privileges, require such person to reimburse the City for such costs as provided for under this subdivision.
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