New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 219 - Incinerators › Subpart 219-1 - Incineration-General Provisions › Section 219-1.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For the purpose
					 of this Part and each of the Subparts of this Part, the general definitions of
					 Parts 200 and 201 of this Title apply.
(b) For the purpose of this Part, the
					 following definitions also apply to Subpart 219-2 through Subpart 219-6:
(1)
Commercial waste.
Solid
					 waste generated by stores, offices, institutions, restaurants, warehouses, and
					 nonmanufacturing activities at industrial facilities.
(2)
Dioxin equivalent.
Any
					 combination or mix of polychlorinated dibenzo-para-dioxins and polychlorinated
					 dibenzo furans as defined in Subdivision
					 200.1(cx) 
					 of this Title.
(3)
Hospital.
Any facility which has an organized medical staff,
					 maintains at least six inpatient beds, and where the primary function of the
					 institution is to provide diagnostic and therapeutic patient services and
					 continuous nursing care primarily to human inpatients who are not related and
					 who stay on average in excess of 24 hours her admission. This definition does
					 not include facilities maintained for the sole purpose of providing nursing or
					 convalescent care to human patients who are generally not acutely ill but who
					 require continuing medical supervision.
(4)
Hospital/medical/infectious waste
					 incinerator or HMIWI or 'HMIWI unit.
Any device that combusts any
					 amount of hospital waste and/or medical/infectious waste.
(5)
Hospital/medical/infectious waste
					 incinerator or HMIWI operator.
Any person who operates, controls or
					 supervises the day-to-day operation of a HMIWI.
(6)
Hospital waste.
Discards
					 generated at a hospital, except unused items returned to the manufacturer. The
					 definition of hospital waste does not include human corpses, remains, and
					 anatomical parts that are intended for interment or cremation.
(7)
Incinerator.
Any
					 structure or furnace in which the combustion of any amount of solid waste takes
					 place, alone or in conjunction with fossil fuel.
(8)
Medical/infectious
					 waste.
Any waste generated in the diagnosis, treatment, or
					 immunization of human beings or animals, in research pertaining thereto, or in
					 the production or testing of biologicals that is listed below:
(i) Cultures and stocks of infectious agents
					 and associated biologicals, including: cultures from medical and pathological
					 laboratories; cultures and stocks of infectious agents from research and
					 industrial laboratories; wastes from the production of biologicals; discarded
					 live and attenuated vaccines; and culture dishes and devices used to transfer,
					 inoculate, and mix cultures.
(ii)
					 Human pathological waste, including tissues, organs, and body parts and body
					 fluids that are removed during surgery or autopsy, or other medical procedures,
					 and specimens of body fluids and their containers.
(iii) Human blood and blood products
					 including:
(a) liquid waste human
					 blood;
(b) products of
					 blood;
(c) items saturated and/or
					 dripping with human blood; or
(d)
					 items that were saturated and/or dripping with human blood that are now caked
					 with dried human blood; including serum, plasma, and other blood components,
					 and their containers, which were used or intended for use in either patient
					 care, testing and laboratory analysis or the development of pharmaceuticals.
					 Intravenous bags are also included in this category.
(iv) Sharps that have been used in animal or
					 human patient care or treatment or n medical, research, or industrial
					 laboratories, including hypodermic needles, syringes (with or without the
					 attached needle), Pasteur pipettes, scalpel blades, blood vials, needles with
					 attached tubing, and culture dishes (regardless of presence of infectious
					 agents). Also included are other types of broken or unbroken glassware that
					 were in contact with infectious agent, such as used slides and cover
					 slips.
(v) Animal waste including
					 contaminated animal carcasses, body parts, and bedding of animals that were
					 known to have been exposed to infectious agents during research (including
					 research in veterinary hospitals), production of biologicals or testing of
					 pharmaceuticals.
(vi) Isolation
					 wastes including biological waste and discarded materials contaminated with
					 blood, excretions, exudates, or secretions from humans who are isolated to
					 protect others from certain highly communicable diseases, or isolated animals
					 known to be infected with highly communicable diseases.
(vii) Unused sharps including the following
					 unused, discarded sharps: hypodermic needles, suture needles, syringes, and
					 scalpel blades.
The definition of medical/infectious waste does not
						include hazardous waste identified or listed under the regulations in Part 371
						of this Title; household waste, as defined in
						40
						CFR 261.4(b)(1) (see Table
						1, Section
						200.9 of this
						Title); ash from incineration of medical/infectious waste once the incineration
						process has been completed; human corpses, remains, and anatomical parts that
						are intended for interment or cremation; and domestic sewage materials.
(9)
Municipal
					 solid waste.
Solid waste discarded from single and multiple family
					 dwellings and other residential sources, similar types of materials discarded
					 from institutional, commercial and industrial sources, and comingled biosolids.
					 Municipal solid waste does not include hazardous waste as defined in Part 371
					 of this Title.
(10)
Municipal solid waste incineration facility
. A facility that
					 is owned, operated, or utilized by, or under contract with, a municipality or
					 political subdivision and which utilizes high temperature thermal destruction
					 technologies, including combustion for the recovery of thermal value or for the
					 disposal of municipal solid waste.
Note
:
A municipal solid waste incineration facility may also be
						an infectious waste incineration facility.
(11)
Pathological Waste.
Waste material consisting of human and animal remains, anatomical parts, and/or
					 tissue, the bags and containers used to collect and transport the waste
					 material, and any incidental animal bedding.
(12)
Private solid waste incineration
					 facility.
Any facility, other than a municipal solid waste facility,
					 that processes municipal solid waste, or any fuels derived from municipal solid
					 waste using thermal destruction technologies, with or without energy
					 recovery.
(13)
Solid
					 waste.
(i) Except as described in
					 subparagraph (iii) of this paragraph, discarded materials including solid,
					 liquid, semi-solid, or contained gaseous material, resulting from industrial,
					 municipal, commercial, institutional, mining or agricultural operations or from
					 residential activities including materials that are recycled or that may have
					 value.
(ii) A material is
					 considered discarded if it is spent, worthless, or in excess to the generator,
					 and is:
(a) thermally, physically, chemically
					 or biologically processed;
(b)
					 disposed of through discharge, deposit, injection, dumping, spilling, leaking
					 or placement into or on any land or water so that the material or any
					 constituent thereof may enter the environment or be emitted into the air or
					 discharged into groundwater or surface water; or
(c) accumulated or transferred instead of or
					 before being processed or disposed.
(iii) The following are not solid waste for
					 the purposes of this Part:
(a) materials that
					 are intended for reuse for their original function, without processing, such as
					 materials at a garage sale, consignment shop, textile collection location or
					 similar venue;
(b) materials that
					 are incorporated into food products for human consumption;
(c) unadulterated wood generated from sources
					 other than construction and demolition that is burned in campfires, ceremonial
					 burns, cooking fires, wood stoves, or other similar uses;
(d) any mixture of domestic sewage and other
					 wastes that pass through a sewer system to a publicly or privately owned
					 treatment works for treatment;
(e)
					 industrial wastewater discharges that are point source discharges subject to
					 permits under Environmental Conservation Law (ECL) article 17;
(f) irrigation return flows;
(g) materials subject to in-situ mining
					 techniques which are not removed from the ground as part of the extraction
					 process;
(h) crumb
					 rubber;
(i) materials that are used
					 in accordance with a determination by the department pursuant to the provisions
					 of Section
					 360.12  of this
					 Title;
(j) materials that are used
					 for artificial reefs in compliance with applicable water quality
					 criteria;
(k) material removed from
					 the waters of the State and placed or disposed in compliance with a permit
					 issued under ECL article 15, 24, 25, or 34 or a water quality certification
					 issued under section 401 of the Federal Water Pollution Control Act to the
					 extent that disposal of the material is regulated by such permit or
					 certification. However, any disposal not regulated by such permit remains
					 subject to regulation under Parts 360, 361, 362, 363, and 365 of this Title.
					 Dredged or excavated material generated by a manufacturing or industrial
					 process is industrial waste, and the treatment, storage, transfer, or disposal
					 of the material is subject to regulation under Parts 360 to 365 of this Title;
					 and
(l) waste samples received at a
					 laboratory or educational institution for analysis of
					 constituents.