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Chapter 11: Generator Filing Requirements for New York State Department of Environmental Conservation Annual or Additional Reports and Department of Sanitation Solid Waste Removal Plans or Amended Plans
§ 11-01 Definitions.
Commissioner. "Commissioner" means the Commissioner of the Department or his/her representative.
Department. "Department" means the Department of Sanitation.
Laboratory waste. "Laboratory waste" means all matter, other than regulated medical waste, that is discarded from clinical, pathological or research laboratory areas at which activities are required to be conducted or supervised by persons licensed by the city or state to provide health, medical, pharmaceutical, or laboratory services.
Other medical waste. "Other medical waste" means laboratory and surgical waste as defined in this section.
Person. "Person" means any individual, partnership, company, corporation, association, firm, organization, or any other group of individuals, or any officer or employee or agent thereof, provided that person shall not mean any individual who generates regulated household waste, and provided further that where a person authorized by law to transport regulated medical waste transports waste pursuant to an agreement with a generator of regulated medical waste or other medical waste, such person shall not be considered an agent of such generator for the purposes of these Rules.
Regulated medical waste. "Regulated medical waste" shall have the meaning set forth 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.
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 business entity 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, fires, ashes, contained gaseous material, incinerator residue, 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:
      (i)   spent, useless, worthless or in excess to the owners at the time of such discard or rejection;
      (ii)   disposed of;
      (iii)   burned or incinerated, including material being burned as a fuel for the purpose of recovering useable energy; or
      (iv)   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:
      (i)   domestic sewage;
      (ii)   any mixture of domestic sewage and other waste 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 the Title 16 of the Administrative Code of the City of New York, or of state regulations promulgated to regulate solid waste management facilities;
      (iii)   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 waste;
      (iv)   irrigation return flows;
      (v)   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.;
      (vi)   materials subject to in-situ mining techniques which are not removed from the ground as part of the extraction process;
      (vii)   hazardous waste as defined in § 27-0901 of the New York State Environmental Conservation Law, including material containing hazardous waste; and
      (viii)   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.
Surgical waste. "Surgical waste" means all materials, other than regulated medical waste, discarded from surgical procedures and includes, but is not limited to, disposable gowns, shoe covers, masks, headcovers, gloves and sponges.
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