New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 350 - FOOD DONATION AND FOOD SCRAPS RECYCLING › Subpart 350-1 - GENERAL › Section 350-1.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Beneficial manner
means use as a soil amendment, a
					 source of animal feed, or other use approved by the department, and not
					 landfilled or combusted (other than biogas).
(b)
Capacity
means the amount of food scraps that an organics recycler or intermediary
					 facility is able to receive based on available space, permitting limitations, and
					 the facility's desire and ability to manage the waste.
(c)
Combustion
					 facility
means a facility for the thermal treatment of waste, as
					 defined in Part 360 of this Title.
(d)
Department
means the New York State Department of Environmental Conservation.
(e)
Designated food scraps
					 generator
means a person who generates at a single location an
					 annual average of two tons per week or more of food scraps, on a wet weight
					 basis. These entities include, but are not limited to, supermarkets, food service
					 businesses such as restaurants, higher education institutions, hotels, food
					 processors, correctional facilities, and sports or entertainment venues.
For a location with multiple independent food service
						businesses, such as a mall or college campus, the entity responsible for
						contracting for solid waste transportation services is responsible for managing
						food scraps from the independent businesses. The quantity of food scraps
						generated is determined by how much food scraps are collected by each waste
						transporter servicing the location. If any transporter collects greater than an
						annual average of two tons per week or more of food scraps, on a wet weight
						basis, all the food service businesses at a single location using that
						transporter are required to comply with this Part.
(f)
Food processing
					 waste
means food waste components from manufacturing, as defined
					 in Part 360 of this Title.
(g)
Food relief organization
means a religious
					 organization or other not-for-profit that provides food for free to needy
					 individuals, including, but not limited to, a food pantry, food bank, or soup
					 kitchen or community-based organization that provides food for free to needy
					 individuals.
(h)
Food
					 scraps
means inedible food, trimmings from the preparation of
					 food, food-soiled paper, edible food that is not donated, and food processing
					 waste. Food scraps does not include used cooking oil, yellow grease, or any food
					 which is subject to a recall or seizure due to the presence of
					 pathogens.
(i)
Intermediary facility
means a facility that is not
					 located at the point of generation, such as a regional depackaging facility, that
					 is used to process or manage food scraps prior to subsequent acceptance at an
					 organics recycling facility.
(j)
Landfill
means a disposal facility, as defined in
					 Part 360 of this Title.
(k)
Maximum extent practicable
means the degree to
					 which the maximum amount of edible food can be donated for human consumption,
					 without jeopardizing human health and the environment, by implementing best
					 management practices, taking into account cost effectiveness and
					 feasibility.
(l)
On-site
means the same or geographically contiguous
					 property under the control or ownership of the same person. It may be divided by
					 public or private rights-of-way, provided the entrance and exit between the
					 properties is at a crossroads intersection, and access is gained by crossing, as
					 opposed to going along, the right-of-way. Noncontiguous properties owned by the
					 same person but connected by a right-of-way which that person controls and to
					 which the public does not have access are also considered on-site
					 property.
(m)
Organics
					 recycler
means a facility that recycles food scraps through use
					 as animal feed or a feed ingredient, rendering, land application, composting,
					 aerobic digestion, anaerobic digestion, fermentation, ethanol production, and
					 other processes approved by the department.
(n)
Person
means
					 any business entity, partnership, company, corporation, not-for-profit
					 corporation, association, governmental entity, public benefit corporation, public
					 authority, firm, or organization.
(o)
Single location
means contiguous property under
					 common ownership, which may include one or more buildings.
(p)
Transfer
					 facility
means a facility for the transfer of waste, as defined
					 in Part 360 of this Title.
(q)
Transporter
means a person engaged in the
					 transportation of waste, as defined in Part 360 of this Title.
(r)
Vector
means
					 a carrier organism that is capable of transmitting a pathogen to another organism
					 and includes, but is not limited to, flies and other insects, rodents, birds, and
					 vermin.