As used in this article, these terms and words shall be defined as follows:
ACTIVE LIFE That period of time during which solid waste is or will be routinely and regularly received.
ACTIVE PORTION That portion of a solid waste management facility where treatment, storage or disposal operations are being or have been conducted.
APPLICANT The person or persons applying for a permit under this article. An applicant must be the owner of the solid waste management facility and the site upon which it is located; however, if the site and the facility are owned by separate persons, then both persons constitute the applicant.
APPROVED DESIGN CAPACITY The maximum average daily tonnage to be received at the solid waste management facility during any quarter, as approved by the Town.
APPROVED DESIGN VOLUME The maximum in-place volume of solid waste, including cover material to be received at the solid waste management facility during its active life, as approved by the Town.
AQUIFER A consolidated or unconsolidated geologic formation, group of formations or part of a formation capable of yielding groundwater to wells or springs.
ASBESTOS WASTE Friable solid waste that contains more than 1% asbestos by weight and can be crumbled, pulverized or reduced to powder, when dry, by hand pressure. Asbestos waste also includes any asbestos-containing solid waste that is collected in a pollution control device designed to remove asbestos.
ASH or ASH RESIDUE All the solid residue and any entrained liquids resulting from the combustion of solid waste at a solid waste incinerator, including bottom ash, boiler ash, fly ash and the solid residue of any air pollution control device used at a solid waste incinerator.
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 plant manager, superintendent or individual of equivalent responsibility who has authority and knowledge to make and implement decisions regarding operating conditions at the facility.
BOTTOM ASH The ash residue remaining after combustion of solid waste in a solid waste incinerator that is discharged through and from the grates or stoker.
CLOSED PORTION That portion of a solid waste management facility which has been closed in accordance with the approved closure plan for such facility and all applicable closure requirements.
CONSTRUCTION Any physical modification to the site at which a potential or proposed solid waste management facility is to be located, including, but not limited to, site preparation (e.g., clearing and grading, excavation of borrow material for daily cover, etc.).
CONSTRUCTION AND DEMOLITION DEBRIS Uncontaminated, inert solid waste resulting from the construction, remodeling, repair and demolition of structures and from road building and land clearing. Such waste includes, but is not limited to, bricks, concrete and other masonry materials, soil, rock, wood, wall coverings, plaster, drywall, plumbing fixtures, nonasbestos insulation, roofing shingles, asphaltic pavement, glass, plastics that are not sealed in a manner that conceals other wastes and metals that are incidental to any of the above. Solid waste that is not construction and demolition debris (even if resulting from the construction, remodeling, repair and demolition of structures and from road building and land clearing) includes, but is not limited to, asbestos waste, garbage, corrugated container board, electrical fixtures and components, carpeting, furniture, appliances, tires, drums and containers and fuel tanks. Specifically excluded from the definition of construction and demolition debris is solid waste (including what otherwise would be construction and demolition debris) resulting from any processing technique that renders individual waste components unrecognizable, such as pulverizing or shredding.
CONSTRUCTION PERMIT That permit, issued by the Town Board of the Town of Lewiston, which allows a person to construct or modify a solid waste management facility.
CONTINGENCY PLAN A document describing organized, planned and technically coordinated and financially feasible courses of action to be followed in case of emergency or other special conditions, including, but not limited to, accidents, equipment breakdowns, fire, odor, vectors, explosion, spills, receipt or release of hazardous or toxic materials or substances, groundwater, surface water or air contamination attributable to a solid waste management facility and other incidents that could threaten human health or safety or the environment.
COVER MATERIAL Soil or other authorized material that is used to cover compacted solid waste in a landfill.
DAILY COVER A compacted layer of at least six inches of cover material that is placed on all exposed solid waste at the end of each working day of operation at a landfill.
DEC The New York State Department of Environmental Conservation.
DISPOSAL The placement, distribution, storage, removal or transportation of solid wastes.
FACILITY Any solid-waste management facility.
FINAL COVER A layer of cover material that is placed on any surface of a landfill where no additional solid waste will be deposited within one year, which serves to restrict infiltration, support vegetation, control landfill gas and promote surface drainage.
FLOODPLAIN The land susceptible to being inundated by a flood that has a one-percent or greater chance of recurring in any given year.
FLY ASH The ash residue from the combustion of solid waste that is entrained in the gas stream of the solid waste incinerator, which includes, but is not limited to, particulates, boiler ash, cinders, soot and solid waste from air pollution control equipment.
INDUSTRIAL WASTE Any liquid, gaseous, solid or waste substance, or combination thereof, resulting from any process of industry, manufacturing, trade or business or from the development or recovery of any natural resource. It shall include, but not be limited to, pesticides, lime, acids, chemicals, petroleum products, tar and dyestuffs. Industrial waste shall be no less thus if it occurred or was produced naturally or otherwise and is to be the subject of disposal methods. This term does not include sewage or sewage sludge from the Lewiston Water Pollution Control Center.
OPERATION PERMIT That permit, issued by the Town Board of Lewiston, which allows a person to operate a solid waste management facility.
PERSON Any individual, partnership, firm, association, business, industry enterprise, public or private corporation, political subdivision of the state, government agency, municipality, estate, trust or any other legal entity whatsoever.
RECYCLING The reuse of solid waste recovered from the solid waste stream into goods or materials suitable for reuse in original or changed form.
SERVICE AREA The geographical area serviced by a solid waste management facility from which solid waste is generated and collected for delivery to that facility.
SITE The geographically contiguous property of a solid waste management facility which includes, at a minimum, the land area of that facility and its access roads, appurtenances and land buffer areas.
6 NYCRR Title 6 of the New York Codes, Rules and Regulations.
SOLID WASTE All putrescible and nonputrescible materials or substances that are discarded or rejected as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection, including, but not limited to, garbage, refuse, industrial and commercial waste, sludges from air or private wastewater treatment facilities, rubbish, tires, ashes, contained gaseous material, incinerator residue, construction and demolition debris, discarded automobiles and offal. The term "solid waste" does not include sewage or sewage sludge from the Lewiston Water Pollution Control Center. In addition:
(1) A material is "discarded" if it is abandoned by being:
(b) Burned or incinerated, including being burned as a fuel for the purpose of recovering usable energy; or
(c) Accumulated, stored or physically, chemically or biologically treated (other than burned or incinerated) instead of or before being disposed of.
(2) A material is "disposed of" if it is discharged, deposited, injected, dumped, spilled, leaked or placed into or on any land or water so that such material or any constituent thereof may enter the environment or be emitted into the air or discharged into groundwater or surface water.
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, processing facilities, landfills, disposal facilities, solid waste incinerators, landspreading facilities, composting facilities, surface facilities, recycling facilities and waste tire storage facilities.