As used in this article, the following terms shall have the meanings indicated:
APPLICANTA person submitting an application for a solid waste disposal license pursuant to these rules and regulations.
COMPOSTINGA controlled decomposition process which turns organic residuals, such as food scraps, biosolids and yard waste, into a beneficial soil amendment.
CONSTRUCTION AND DEMOLITION DEBRIS (C&D)Materials generated during the construction, renovation, and demolition of structures, buildings, roads, and bridges. C&D debris includes, but is not limited to, bulky, heavy materials such as concrete, wood, metals, glass, and salvaged building components.
COUNTY OF DUTCHESSThe entire County of Dutchess as constituted and existing under the laws of the State of New York.
DEPUTY COMMISSIONERThe Deputy Commissioner of the Dutchess County Department of Planning and Development, Division of Solid Waste Management.
ECONOMIC MARKETInstances when the full avoided costs of proper collection, transportation and disposal of source-separated materials are equal to or greater than the cost of collection, transportation and sale of said materials less the amount received from the sale of said material.
ELECTRONIC WASTE or E-WASTEAll electronic waste, such as surplus, obsolete, broken, or discarded electrical or electronic devices, including but not limited to televisions, computer monitors, computer peripherals, electronic office equipment, telephones, and electronic entertainment devices.
EMERGENCYA situation when a certain solid waste management-resource recovery facility(ies) in the County is not in operation, is unable to operate at normal capacity, or is otherwise unable to function pursuant to normal operating procedures as may be determined by the Deputy Commissioner, or when conditions exist which may endanger the health or safety of the public or pose a significant risk of harm to the environment.
GENERATORAny person that produces solid waste, including recyclable materials.
HAULERAny person, other than a municipality, who disposes of solid waste and is required to have a solid waste disposal license issued by the Deputy Commissioner. Haulers include persons who:
A. Have solid waste collection routes;
B. Provide body mounts, including roll-off containers, dumpsters, trailers, and any other container in conjunction with the disposal of solid waste;
C. Provide for the disposal of solid waste, such as a hauler whose business is to dispose of solid waste from residential, commercial, construction or industrial sites.
HAULER, EXEMPTPersons whose disposal of solid waste is solely limited to the disposal of one of the materials listed below and is exempt from the solid waste disposal license requirement:
A. New York State Department of Environmental Conservation (DEC) regulated waste solid waste transporters covered under New York State Part 364, waste transporter permits, and as may be amended from time to time. Regulated waste includes:
(2) Residential raw sewage or portable toilet waste.
(3) Nonresidential raw sewage or sewage-contaminated waste.
(4) Sewage sludge (biosolids).
(5) Water treatment plant residuals.
(7) Waste oil, yellow grease or oil, or petroleum-contaminated soil.
(10) Low-level radioactive waste (LLRW).
(11) Low-level radioactive waste mixed with hazardous waste or hazardous industrial/commercial waste.
(12) Regulated medical waste or other biohazard waste.
(13) Other industrial/commercial waste (e.g., including but not limited to oil and gas well drilling fluids, pharmaceutical waste, rendering waste, waste from household hazardous waste collection events).
B. Haulers of solid waste which has been collected from a site(s) outside of the County of Dutchess and is intended for disposal at a site(s) outside the County.
HOUSEHOLD HAZARDOUS WASTELeftover household products that contain corrosive, toxic, ignitable or reactive ingredients such as cleaners, oils or pesticides.
LICENSEThe Dutchess County solid waste disposal license.
LICENSEEA hauler who holds a Dutchess County solid waste disposal license.
MULTI-DOMICILE BUILDINGA building or structure that is designed to house several different occupants in separate housing units. The most common example of multi-domicile housing is an apartment building. Duplexes, quadruplexes, and townhomes are also multi-domicile housing. The entire building or structure may be owned by an individual, as is the case with condominiums, or by individuals who have purchased units.
MULTI-TENANT BUILDINGA group of commercial establishments managed as a single entity; each occupied and operated by a tenant or renter of such premises.
MUNICIPALITYAny county, city, town, village, school district, improvement district (or a county, city, town or village acting on behalf of an improvement district), public authority, public corporation, municipal corporation or political subdivision.
PERSONAny natural person, individual, partnership, copartnership, association, owner or manager of a business, commercial or industrial establishment, joint venture, corporation, trust, estate or any other legal entity recognized by the laws of the State of New York, inclusive of a municipality or any other waste generator.
PRINCIPALAs to an applicant which is a sole proprietorship, the proprietor; as to a corporation, every officer and director and every stockholder holding 10% or more of the outstanding shares of the corporation; as to a partnership, all the partners; and if another type of business entity, the chief operating officer or chief executive officer, irrespective of organizational title, and all persons or entities having an ownership interest of 10% or more in the applicant; and with respect to all business entities, all other persons participating directly or indirectly in the control of such entity. Where a partner or stockholder holding 10% or more of the outstanding shares of a corporation is itself a partnership, or a corporation, a "principal" shall also include the partners of such partnership, or the officers, directors, and stockholders holding 10% or more of the outstanding shares of such corporation, as is appropriate. For the purposes of this chapter:
A. An individual shall be considered to hold stock in a corporation where such stock is owned directly or indirectly by or for:
(2) The spouse of such individual other than a spouse who is legally separated from such individual pursuant to a judicial decree or an agreement cognizable under the laws of the state in which such individual is domiciled;
(3) The children, grandchildren and parents of such individual; and
(4) A corporation in which any of such individual in the aggregate owns 50% or more in value of the stock of such corporation;
B. A partnership shall be considered to hold stock in a corporation where such stock is owned, directly or indirectly, by or for a partner in such partnership; and
C. A corporation shall be considered to hold stock in a corporation that is an applicant as defined in this section where such corporation holds 50% or more in value of the stock of a third corporation that holds stock in the applicant corporation.
RECYCLABLE MATERIALMaterial that can be recovered and turned into a new product. Recyclable materials include:
C. All glass, excluding ceramics, window or automobile glass, mirrors and light bulbs;
F. All bulk metals, excluding metal containers utilized to store flammable or volatile chemical materials, such as fuel tanks;
G. All recoverable construction and demolition debris, such as uncontaminated concrete, asphalt, asphalt shingles, gypsum wallboard, wood, and metals;
H. Electronic waste or E-waste;
I. All garden and yard waste, such as grass clippings, leaves, and cuttings from shrubs, hedges, trees, brush and garden debris;
RECYCLERSThose who deal with recyclable material both as collectors, separators and marketers. This definition shall include not-for-profit corporations and charitable corporations which collect recyclables for fund-raising purposes.
RECYCLING or RECYCLED or RECYCLABLEAny process by which materials, are collected, separated or processed and returned to the economic mainstream in the form of raw materials or products.
REGULATED RECYCLABLE MATERIALSMaterials designated by the Deputy Commissioner to be source separated by all persons and include, but are not limited to:
B. All glass, excluding ceramics, window or automobile glass, mirrors and light bulbs;
C. All plastic, excluding plastic bags, plastic film and Styrofoam®;
D. All metals, excluding scrap metal; and
E. Any other materials as may be designated by the Deputy Commissioner.
RRAThe Dutchess County Resource Recovery Agency created under Chapter 675 of the Laws of 1982 of the State of New York, as amended.
SOLID WASTEAny discarded materials. Solid wastes can be solid, liquid, semi-solid or containerized gaseous material. This includes durable goods, nondurable goods, recyclable materials, containers and packaging, food wastes and yard trimmings, and miscellaneous inorganic wastes generated.
SOLID WASTE MANAGEMENT-RESOURCE RECOVERY FACILITYAny facility, plant, works, systems, building, structure, improvement, machinery, equipment, fixture or other real or personal property which is used, occupied or employed for the collecting, receiving, transporting, transfer, storage, processing or disposal of solid waste or the recovery by any means of any material or energy product or resource therefrom, including, but not limited to, recycling centers, transfer stations, baling facilities, rail haul or maritime facilities, collection vehicles, processing systems, resource recovery facilities, steam and electric generating and transmission facilities, including auxiliary facilities to supplement or temporarily replace such generating facilities, steam distribution facilities, sanitary landfills, plants and facilities for compacting, composting or pyrolization of solid wastes, incinerators and other solid waste disposal, reduction or conversion facilities and resource recovery equipment and disposal equipment as defined in subdivisions four and five of § 51-0903 of the
Environmental Conservation Law of the State of New York.
SOURCE SEPARATIONThe segregation of recyclable materials from solid waste at the point of generation by the generator for the purposes of recycling.
STATEThe State of New York.
UNCONTAMINATEDFree of materials that are not recyclable or free of materials that, if present, either reduce the value of a recyclable material or render it unrecyclable.
VEHICLEAny motor vehicle, trailer, water vessel, railroad car, airplane or other device for transporting solid waste.
YARD WASTEGrass clippings, leaves, and cuttings from shrubs, hedges, trees, brush and garden debris.