Town of Babylon, NY
Suffolk County

§ 133-1 Definitions.

[Amended 12-18-2001 by L.L. No. 11-2001]
Unless otherwise stated expressly, the following words and expressions, where used in this chapter, shall have the meanings ascribed to them by this section:
ACCEPTABLE WASTE
The type of solid waste normally collected and disposed of in the Town, including but not limited to garbage, rubbish, offal, appliances, furniture, bicycles and baby carriages, automobile or small vehicle tires (to the extent that air and emission permits are not violated), as well as processable portions of commercial waste and logs if no more than four feet long and/or six inches in diameter, and yard wastes; except, however, that unacceptable waste and hazardous waste and recyclable materials are excluded.
ALUMINUM CANS
Empty all-aluminum beverage and food containers.
APPLIANCE
Includes any stove, washing machine, dryer, freezer, refrigerator or other household device or equipment abandoned, junked, discarded, wholly or partially dismantled, no longer intended or in condition for ordinary use for the purpose for which it was originally designed.
ASHES
The residue from the burning of wood, coal, coke or other combustible materials.
BABYLON RESOURCE RECOVERY FACILITY
That certain mass burn resource recovery and electric generation facility owned by the Town of Babylon located at Gleam Street in Wyandanch in the Town, operated, maintained and managed by Covanta Babylon, Inc., pursuant to the service agreement.
BIMETAL AND STEEL CANS
Empty food and beverage containers consisting of ferrous sides and bottoms and an aluminum top.
BUILDING PERFORMANCE CONTRACTOR
Implements measures to seal the thermal envelope of a building and install energy-efficient equipment to measurably reduce energy waste.
[Added 8-6-2008 by L.L. No. 20-2008]
COLLECTION VEHICLE
Any vehicle licensed by the Town of Babylon Sanitation Commission to operate commercially within the Town for the purpose of collecting and transporting garbage, rubbish, ashes, refuse, liquid waste or recyclable material or any other waste material, except hazardous waste, as defined pursuant to regulations promulgated under the New York State Environmental Conservation Law, Article 27, and/or the Federal Resource Conservation Recovery Act (RCRA) of 1976.
COMMERCIAL ESTABLISHMENTS
Those properties used primarily for commercial or industrial purposes and those multiple-dwelling residential buildings containing more than three dwelling units.
COMMERCIAL WASTE
All acceptable waste generated within the territorial limits of the Town which is not residential waste.
COMMISSION
The Sanitation Commission created pursuant to the terms of Chapter 57, Sanitation Commission.
CONSTRUCTION AND DEMOLITION DEBRIS
Nonputrescible building and street construction materials discarded as a result of the erection or dismantling of a pavement, building, dock, fence, street or similar structure.
CONTRACTOR COLLECTOR
The entity or entities designated by the Town which, collectively, have the duty and responsibility for collection of residential and/or commercial waste within the confines of the improvement area.
ENERGY AUDITOR
Is certified to comprehensively assess the energy performance of a building.
[Added 8-6-2008 by L.L. No. 20-2008]
FRONT PROPERTY LINE
The dividing line between the street and a lot.
[Added 6-3-2003 by L.L. No. 8-2003]
GARBAGE
Putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food and readily combustible material such as paper, cardboard, wood, excelsior and cloth; also food cans, glass food containers and bottles; also dead birds, cats, dogs and other small animals.
A. 
That portion of solid waste which, by reason of its composition or characteristics, is "hazardous waste" as defined in the Solid Waste Disposal Act, 42 U.S.C. § 6901 et seq., and the regulations thereunder or in the New York Environmental Conservation Law, § 27-0901, Subdivision 3, and regulations promulgated thereunder, and any succeeding legislation or regulations or amendments to the foregoing.
B. 
In the event that the resource recovery plant is operational, any other material which any governmental agency or unit having appropriate jurisdiction shall determine from time to time is harmful, toxic or dangerous or otherwise ineligible for disposal through the facility.
C. 
In the event that the resource recovery plant is operational, any material which would result in process residue being hazardous waste under Subsection A or B above.
HOUSEHOLDER
The owner, lessee or occupant of any residence.
IMPROVEMENT AREA
The buildings and premises outside the incorporated villages which the Town of Babylon has designated as included within the residential garbage improvement area or the commercial garbage improvement area as authorized by Article 5 of the Town Law, as well as the areas within any incorporated village within the Town which a Village Board has authorized for inclusion within the improvement area.
INSPECTOR
Any person duly appointed as such.
MIXED GLASS CONTAINERS
Bottles and jars made of clear or colored glass. Expressly excluded are noncontainer glass, plate glass, blue glass and porcelain and ceramic products.
MOTOR VEHICLE
Includes any and all vehicles propelled or drawn by power, other than muscular power, intended for use on public highways; any unregistered, old or secondhand motor vehicle or trailer; any motor vehicle in such condition or state of repair that it cannot be licensed immediately without extensive repair; any abandoned, junked, discarded, wholly or partially dismantled motor vehicle no longer intended or in condition for legal use on the public highways.
NEWSPRINT
Paper of the type commonly referred to as "newspaper" and distributed at fixed intervals, having printed thereon news and opinions, containing advertisements and other matters of public interest. Expressly excluded, however, are newspapers which have been soiled.
OUTDOOR STORAGE
Includes the placing, maintaining or keeping of any solid waste, motor vehicle, appliance, rubbish or debris, as the same are defined herein, in a place other than a structure with a roof and fully enclosed on all sides.
OWNER
Includes the person having legal title to property and also the person shown as the owner of the property on the current assessment rolls of the Town.
PERSON
Includes an individual, partnership, corporation or other legal entity.
PRIVATE COLLECTOR
Any person, firm or corporation engaged in the business of collecting and transporting garbage, ashes, refuse, recyclable material or any other solid waste material.
PRIVATE PROPERTY or PRIVATE PREMISES
Any real estate other than that used as a public road, street or highway.
RECYCLABLE MATERIAL
Any material source-separated from the solid waste stream so designated in regulations adopted by the Town from time to time, generally limited to materials which can be recovered, processed and reused for the original or a different purpose, which shall include but not be limited to paper and paper products, cardboard, metals, glass and plastic containers. In no event shall material contaminated by garbage, refuse, residue from source separation and/or other solid waste be considered a "recyclable material."
RECYCLABLE WASTE
Waste which must be accepted for processing by a recycling contractor at a particular recycling facility under the terms of a recycling service agreement.
RECYCLING CONTAINERS
The twenty-gallon plastic containers approved by the Town.
RECYCLING CONTRACTOR
Any person, firm, corporation or other entity providing any recycling or related services to the Town or to any entity under contract with the Town.
RECYCLING FACILITY
The facility designated by the Town by resolution of the Town Board as approved for receiving and processing one or more types of recyclable materials.
RECYCLING SERVICE AGREEMENT
Any agreement between the Town and a recycling contractor under which a recycling contractor is obligated to provide recycling or related services to or for the benefit of the Town or to any entity under contract with the Town.
REFUSE
All putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish and ashes.
RESIDENCE
Any occupied single-family or multifamily dwelling having up to three dwelling units per structure.
RESIDENTIAL WASTE
All acceptable waste and recyclable materials generated by households included in the improvement area.
RUBBISH or DEBRIS
Includes ordinary household or stored trash of an inflammable character, such as barrels, cartons, boxes, crates, furniture, rugs, clothing, rags, mattresses, blankets, small tree trimmings, small stumps and similar garden waste; small dead animals, hay fodder, feed, meal or other discarded animal or vegetable matter originally intended for animal consumption; planting mill waste, shavings, sawdust and such other materials not otherwise defined herein as may be readily consumed by incineration.
SERVICE AGREEMENT
That certain service agreement, dated as of December 1, 1985, as amended and restated August 1, 1995, by and between the Town of Babylon and Ogden Martin Systems of Babylon, Inc., now known as Covanta Babylon, Inc., (the company), with respect to the delivery of acceptable waste by the Town and the processing thereof by the company at the Babylon resource recovery facility and the operation, management and maintenance of the Babylon resource recovery facility by the company, as such agreement may be extended, modified or supplemented.
SOLID WASTE
Any discarded material or substances, including but not limited to garbage, refuse, sludges from air or water pollution control facilities or water supply treatment facilities, rubbish, ashes, contained gaseous materials, incinerator residue, demolition and construction debris, offal and other discarded materials and substances resulting from industrial, commercial, mining and agricultural operations and from community activities, or the carbon component (or "content of") in energy waste, but not including sewage and other highly diluted water-carried materials or substances or those in gaseous form or solid or dissolved materials or irrigation return flows or industrial discharges or source or any special nuclear or by-product materials within the meaning of the Atomic Energy Act of 1954, as amended.
[Amended 8-6-2008 by L.L. No. 20-2008; 4-22-2009 by L.L. No. 4-2009]
SOLID WASTE ADMINISTRATOR
The Supervisor of the Town or, if designated as such in a certificate of the Supervisor, which may from time to time be modified or revoked by the Supervisor and shall be filed with the Town Clerk, a Deputy Supervisor or other public officer of the Town.
SOURCE SEPARATION
Dividing solid waste into some or all of its component parts at the point of generation, including the separation of recyclable materials from each other or the separation of recyclable material from solid waste.
TOWN
The Town of Babylon, Suffolk County, New York.
TOWN BOARD
The Town Board of the Town.
TOWN CLERK
The Town Clerk of the Town.
UNACCEPTABLE WASTE
That portion of solid waste excluding hazardous waste, but including, without limitation, explosives, pathological and biological waste, radioactive materials, ashes, foundry sand, sewage, sludge, cesspool and other human waste, human remains and large animal carcasses, motor vehicles, including such major motor vehicle parts as automobile transmissions, rear ends, springs and fenders, agricultural and farm machinery and equipment, marine vessels and major parts thereof, any other large machinery or equipment (excluding appliances in residential waste), liquid wastes or nonburnable construction materials and/or construction and demolition debris that the Town agrees or determines may present a substantial endangerment to the public health or safety, may cause applicable air quality or water effluent standards to be violated by the normal operation of the Babylon resource recovery facility, the landfill or the recycling facility or has a reasonable possibility of adversely affecting the operation of the Babylon resource recovery facility, the landfill or the recycling facility, unless such unacceptable waste is delivered in minimal quantities and concentrations as part of normal collections.
YARD WASTE
Solid waste consisting of plant matter resulting from landscaping activities, and including but not limited to such items as lawn clippings, tree trimmings, fallen leaves, prunings, grass clippings, weeds and garden wastes.