New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 360 - Solid Waste Management Facilities › Section 360.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in Parts 360, 361, 362, 363, 364, 365, 366 and 369 of
					 this Title, the following terms have the following meanings:
(a) Solid waste and related terms.
(1) Solid waste or waste means, except as
				  described in paragraph (3) of this subdivision, 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.
(2) A
				  material is considered discarded if it is spent, worthless, or in excess to the
				  generator, and is:
(i) thermally, physically,
				  chemically or biologically processed;
(ii) disposed 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
(iii) accumulated or transferred
				  instead of or before being processed or disposed.
(3) The following are not solid waste for the
				  purposes of Parts 360, 361, 362, 363, 364, 365 and 366 of this Title:
(i) consumer products that are intended for
				  reuse for their original function, without processing, such as items at a garage
				  sale, consignment shop, textile collection location or similar venue;
(ii) materials that are incorporated into food
				  products for human consumption;
(iii)
				  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;
(iv) any mixture
				  of domestic sewage and other wastes that pass through a sewer system to a
				  publicly or privately-owned treatment works for treatment;
(v) industrial wastewater discharges that are
				  point source discharges subject to permits under Environmental Conservation Law
				  (ECL) article 17;
(vi) irrigation
				  return flows;
(vii) materials subject
				  to in-situ mining techniques which are not removed from the ground as part of the
				  extraction process;
(viii) crumb
				  rubber;
(ix) materials that are used
				  in accordance with a determination by the department pursuant to the provisions
				  of section 360.12  of this Part;
(x) materials that are used for artificial
				  reefs in compliance with applicable water quality criteria;
(xi) 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 the permit or certification. However, any disposal not
				  regulated by the 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
(xii) waste samples received at a laboratory or
				  educational institution for analysis and/or evaluation of its
				  constituents.