As used in this chapter, these terms and words shall
be defined as follows:
AGRICULTURAL DISTRICT
A district created under Article 25AA of the New York State Agriculture
and Markets Law.
APPLICANT
The person applying for a permit under this chapter who must be the
owner or operator of the solid waste management facility.
AUTHORIZED REPRESENTATIVE
The individual responsible for the overall operation of a solid waste
management facility or an operational unit of a facility, such as the manager,
superintendent or individual of equivalent responsibility who has authority
and knowledge to make and implement decisions regarding operating conditions
at the facility.
COMPLETED APPLICATION
An application in which all necessary information and proof of other
approvals, required by any other entity or relevant law or regulation, is
provided to the Town Board. If the Albion Town Board is engaged in coordinated
review with other regulating agencies, such information may be provided to
the Town Board in accordance with the applicable coordinated review procedure.
DEC
The New York State Department of Environmental Conservation.
DISPOSAL
Is the:
(1)
Placement, distribution, removal, discharge, deposit, injection, spilling,
dumping or leaking of a solid waste, or any constituent thereof, in, onto,
in or under any land, surface water or groundwater; and
(2)
The storage of solid waste on, onto, in or under any land, water or
structure, except at the site of generation.
DISPOSAL FACILITY
A solid waste management facility or part of one, other than a land
application facility, in which or on which solid waste is intentionally placed,
including any land or water, and at which solid waste will remain after closure.
ECL
The New York Environmental Conservation Law.
EPA
The United States Environmental Protection Agency.
FACILITY
Any solid waste management facility.
LANDFILL
Land or a disposal facility or part of one where solid waste or its
residue after treatment is intentionally placed and which is not a land application
facility, surface impoundment, injection well or waste pile.
MAJOR MODIFICATION OF A PERMIT
A modification which either involves a material change in existing
permit conditions or of the permitted actions; or there is newly discovered
material information or there has been a material change in environmental
conditions, relevant technology or applicable law or regulations since the
issuance of the existing permit.
OPERATOR
The person responsible for the overall operation of a solid waste
management facility or part of a facility, with the authority and knowledge
to make and implement decisions, or whose actions or failure to act may result
in noncompliance with the requirements of this chapter or the permit issued
by any state or federal agency, or the regulations or conditions set by said
state or federal agency.
OWNER
A person who owns a solid waste management facility or part of one,
and can include, without limitation, the real property on which the solid
waste management facility is located.
PERSON
Any individual, public or private corporation, political subdivision,
government agency, authority, department or bureau of the state, municipality,
industry, partnership, limited liability company, association, firm, trust,
estate or any other legal entity whatsoever.
REFUSE
Anything putrescible or nonputrescible that is discarded as useless
or worthless.
RELATED CORPORATIONS
All corporations included with the applicant in one or more chains
of corporations connected by stock ownership with a common parent corporation.
SEQRA
The State Environmental Quality Review Act and the review procedures required therein.
SOLID WASTE MANAGEMENT FACILITY
Any facility employed beyond the initial solid waste collection process
and managing solid waste, including but not limited to storage areas or facilities;
transfer stations; rail-haul or barge-haul facilities; landfills; disposal
facilities; solid waste incinerators; refuse-derived fuel processing facilities;
pyrolysis facilities; construction and demolition debris processing facilities;
land application facilities; composting facilities; surface impoundments;
used oil storage, reprocessing, and rerefining facilities; recyclables handling
and recovery facilities; waste tire storage facilities and regulated medical
waste treatment facilities. The term includes all structures, appurtenances,
and improvements on the land used for the management or disposal of solid
waste.
USED ENGINE LUBRICATING OIL RETENTION FACILITIES
Any facility employed to store used engine lubricating oil by a service
establishment or any other person, commercial or industrial operation, airport,
bus or trucking terminal, or state or local government facility that generates
at least 500 gallons of used engine lubricating oil annually, or accepts used
oil from do-it-yourselfers.
WATER BODY
Any body of standing water which exists at least nine months of the
year, and which, when wet, is customarily more than 5,000 square feet in water
surface area.
WATERCOURSES
Any body of water flowing in an identifiable channel or course at
least nine months of the year.