When used in this subchapter:
Air contaminant. "Air contaminant" shall mean any particulate matter or any gas or any combination thereof in the open air, other than uncombined water or air.
Commissioner. "Commissioner" shall mean Commissioner of Sanitation of the City of New York or his or her representative.
Construction and demolition debris. "Construction and demolition debris" shall mean non-putrescible waste resulting from any excavation, or any construction, demolition, alteration, repair, or renovation of any structure, building or premises.
Construction and demolition debris transfer station. "Construction and demolition debris transfer station" shall mean any structure, building or other premises, whether improved or unimproved, at which non-putrescible solid waste, including any amount of construction and demolition debris, is received for the purpose of subsequent transfer to another location, regardless of whether such non-putrescible solid waste is subject to any processing or reduction in volume at such structure, building or premises, but shall not include transfer stations at which any amount of putrescible solid waste is received.
Designated recyclable materials. "Designated recyclable materials" shall have the same meaning as that used in § 16-306 of the Administrative Code of the City of New York and rules promulgated pursuant thereto.
Diesel engine. "Diesel engine" shall mean an engine that operates on or is capable of operating on diesel fuel.
Equipment. "Equipment" shall mean all implements used in the operation of the construction and demolition debris or fill material transfer station, including but not limited to motor-driven machinery.
Fill material. "Fill material" shall mean only clean material consisting of earth, ashes, dirt, concrete, rock, gravel, stone or sand, provided that such material shall not contain organic matter having the tendency to decompose with the formation of malodorous by-products.
Fill material transfer station. "Fill material transfer station" shall mean any structure, building or other premises, whether improved or unimproved, at which non-putrescible solid waste consisting solely of fill material is received for the purpose of subsequent transfer to another location, regardless of whether such fill material is subject to any processing or reduction in volume at such structure, building or premises.
Gasoline engine. "Gasoline engine" shall mean an engine that operates on or is capable of operating on gasoline fuel.
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, and that is required to register with the Department of Sanitation pursuant to § 16-130 and § 16-131 of the Administrative Code of the City of New York and Subchapter D of this Chapter.
Non-putrescible solid waste. "Non-putrescible solid waste" shall mean 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, 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.
Non-putrescible solid waste transfer station. "Non-putrescible solid waste transfer station" shall mean any structure, building or other premises, whether improved or unimproved, at which only non-putrescible solid waste is received for the purpose of subsequent transfer to another location, regardless of whether such non-putrescible solid waste is subject to any processing or reduction in volume at such structure, building or premises. Such term shall include construction and demolition debris and fill material transfer stations but not intermodal solid waste container facilities.
Nonroad motor vehicle. "Nonroad motor vehicle" shall mean equipment that is propelled by a diesel engine or gasoline engine in or upon which a person or material may be transported on the ground and that is used or is located at a transfer station. A nonroad motor vehicle shall include, but not be limited to, front end loaders, backhoes and bulldozers and shall not include cars, trucks or locomotives.
Opacity. "Opacity" shall mean the degree to which emissions reduce the transmission of light and obscure the view of an object in the background.
Particulate matter. "Particulate matter" shall mean any liquid, other than water, or any solid that is or tends to be capable of becoming windblown or being suspended in air.
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 paragraph (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 Chapter one of Title sixteen-A 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 sixteen 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 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 sixteen 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 which 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 fifteen of Article twenty-seven of the New York State Environmental Conservation Law, in Title thirteen of Article thirteen 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 provision of law.
Standard smoke chart. "Standard smoke chart" shall mean the Ringelmann chart, as published by the United States bureau of mines, photographically reduced to 1/18th in size for use in the field.
Stationary equipment. "Stationary equipment" shall mean equipment powered by a diesel engine or gasoline engine that will remain stationary during use and that is used or is located at a transfer station. Stationary equipment shall include, but not be limited to, cranes, excavators, crushers, screeners, chippers and shredders.
Transport vehicle. "Transport vehicle" shall mean any motor vehicle, rail car, vessel, or other means of transportation used to deliver solid waste into, or remove solid waste from, a non-putrescible solid waste transfer station.
U.S. EPA Method 9. "U.S. EPA Method 9" shall mean the United States Environmental Protection Agency method, codified at Title 40 Code of Federal Regulations Part 60, Appendix A-4, for use by a certified observer to visually determine the opacity of air contaminant emissions from a stationary source.
U.S. EPA Method 22. "U.S. EPA Method 22" shall mean the United States Environmental Protection Agency method, codified at Title 40 Code of Federal Regulations Part 60, Appendix A-7, for use by a trained and knowledgeable observer to visually determine the presence of and amount of time that visible air contaminant emissions occur.