The following terms and words shall be defined as follows:
AGRICULTURE
The cultivation and production of crops for human consumption.
"Agriculture" shall include the use of land for the grazing of dairy
cows or other animals whose products are consumed by humans.
ANAEROBIC DIGESTION FACILITY
Any facility which accepts manure, food waste, fats, oils,
greases, sludges resulting from the treatment process at wastewater
treatment plants (bio solids), energy crops, glycerin, or silage waste
for the purpose of producing biogas and digestate waste.
BEDROCK
Cemented or consolidated earth materials exposed on the earth's
surface or underlying unconsolidated earth materials.
CODE ENFORCEMENT OFFICER
As used in this chapter shall include the term "Code Enforcement Officer/Building Inspector," as that term is defined in Chapter
247, Zoning.
CONSTRUCTION AND DEMOLITION DEBRIS
Wastes resulting from construction, remodeling, repair and
demolition of structures, road building and land clearing. Such wastes
include bricks, concrete and other masonry materials, soil, rock,
lumber, road spoils, paving materials and tree stumps.
CONSTRUCTION AND SITING PERMIT
The permit issued by the Town which allows for the construction
or modification of an anaerobic digestion facility, disposal of solid
waste facility, incineration facility, industrial waste disposal facility,
recycling facility, sanitary landfill facility, or solid waste management
facility within any zoning and/or use district within the Town of
Pendleton.
DEC
The New York State Department of Environmental Conservation.
DIGESTATE WASTE
Bio solid waste in liquid, semisolid or solid form and which
is a by-product of the anaerobic digestion process.
DISPOSAL
The deposit, discharge, distribution, dumping, injection,
leaking, placing, removal, spilling, spreading, storage, or transportation
of any digestate waste, solid waste and/or industrial wastes into
or on any land or water.
DOMESTIC SEWAGE
Any mixture of domestic sewage or other waste that passes
through a sewer system to a publicly owned treatment works for treatment,
including the contents of holding tanks and portable toilets. ("Domestic
sewage" means untreated sanitary waste that passes through a sewer
system.)
FACILITY
All contiguous land and structures or other improvements
used for a solid waste management facility. Each solid waste management
facility located on noncontiguous parcels of land shall constitute
a separate facility.
GARBAGE
Putrescible solid waste, including animal and vegetable waste
resulting from the handling, storage, sale, preparation, cooking or
serving of foods; garbage originates primarily in home kitchens, stores,
markets, restaurants and other places where food is stored, prepared
or served.
HAZARDOUS WASTE
A solid waste or combination of solid wastes which, because
of its quantity, concentration or physical, chemical or biological
characteristics, may cause or significantly contribute to an increase
in mortality or an increase in serious irreversible, or incapacitating
reversible, illness, or cause or significantly contribute to a substantial
present or potential hazard to human health or the environment when
otherwise managed. Such wastes shall include but not be limited to
wastes which are bioconcentrative, highly flammable, explosive, highly
reactive, toxic, poisonous, radioactive, irritating, sensitizing or
infectious, and shall include wastes that are solid, semisolid or
liquid or contain gases. The final determination of whether or not
a waste is hazardous shall be made by the Town.
INCINERATOR FACILITY
A facility utilizing a controlled process by which solid,
liquid or gaseous combustible wastes are burned and changed into gases
and the residue produced contains little or no combustible materials.
INDUSTRIAL WASTE
Waste in liquid, semisolid or solid form that results from
industrial or commercial processes, including, but not limited to,
factories, processing plants and repair and cleaning establishments,
which wastes include, but are not limited to, sludges, oils, solvents,
spent chemicals and acids. This article shall apply to hazardous wastes
as defined in § 27-1101 of the Environmental Conservation
Law or 42 U.S.C. § 6903(5).
LAND APPLICATION FACILITY
A facility used for the storage or disposal of digestate
waste from a solid waste management facility for agricultural use
of bio solids, septage, sludge, and other permitted land applied solid
wastes to the soil surface or injected into the upper layer of the
soil as defined under the Solid Waste Management Regulations Part
360-4.
LANDFILL
Any disposal area for solid wastes in or upon the ground
surface. Includes solid waste management facilities.
LEACHATE
A liquid, including any suspended components in the liquid,
which has been in contact with or passed through solid waste.
NYCRR
New York Codes, Rules and Regulations as they exist upon
the effective date of this chapter and as may thereafter be amended.
OPERATING AND SITING PERMIT
The permit issued by the Town which allows for the operation
of a anaerobic digestion facility, disposal of solid waste facility,
incineration facility, industrial waste disposal facility, landspreading
facility, recycling facility, sanitary landfill facility, or solid
waste management facility within any zoning and/or use district within
the Town of Pendleton.
OPERATOR
The person responsible for the operation of a solid waste
management facility.
OWNER
The person who owns all or any part of the real property
and/or improvements upon which a solid waste management facility is
operated.
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.
PROCESSING FACILITY
A combination of structures, machinery or devices utilized
to reduce or alter the volume, chemical or physical characteristics
of solid waste through processes such as baling or shredding prior
to delivery of such waste to a resource recovery facility, sanitary
landfill or incinerator, and excludes collection vehicles.
RESOURCE RECOVERY FACILITY
A combination of structures, machinery or devices utilized
to separate, process, modify, convert, treat or prepare collected
solid waste so that component materials or substances or recoverable
resources may be used as a raw material or energy source.
RUNOFF
Any rainwater, leachate or other liquid that drains over
land from any part of a facility.
SALVAGING
The controlled removal of waste materials for reuse.
SANITARY LANDFILL
A land disposal site employing an engineered method disposing
of solid wastes on land in a manner that minimizes environmental hazards
and meets the design and operation requirements of 6 NYCRR Part 360.
SEPTAGE
The contents of a septic tank, cesspool or other individual
sewage treatment facility which receives domestic sewage wastes.
SLUDGE
Any solid, semisolid or liquid waste generated or disposed
from commercial, industrial municipal, or private wastewater treatment
plant, water supply treatment plant, or air pollution control facility,
or sewage treatment plants.
SOLID WASTE
All putrescible and nonputrescible materials or substances
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,
bio solid waste and digestate, sludges from sewer or water control
facilities, rubbish, ashes, contained gaseous material, incinerator
residue, demolition and construction debris, discarded automobiles,
but not including substances in gaseous form or hazardous wastes as
defined in 42 U.S.C. and the Environmental Conservation Law of the
State of New York.
SOLID WASTE MANAGEMENT
The purposeful and systematic transportation, storage, processing,
recovery and disposal of solid waste.
SOLID WASTE MANAGEMENT FACILITY
Any facility employed beyond the initial solid waste collection
process, including, but not limited to, transfer stations, baling
facilities, anaerobic digestion facilities and associated land application
facilities, treatment facilities, rail haul or barge haul facilities,
processing facilities, including resource recovery equipment or other
facilities to reduce or alter the volume, chemical or physical characteristics
of solid waste, sanitary landfills, plants and facilities for composting,
compacting or pyrolization of solid wastes, incinerators, burial facilities,
industrial waste processing or waste disposal facilities, landspreading
facilities, storage areas associated with any of the foregoing and
storage lagoons for sanitary landfills. This article shall also apply
to hazardous wastes treatment, storage and disposal facilities as
defined in § 27-1101 of the Environmental Conservation Law
or 42 U.S.C. § 6903(5).
STORAGE
The containment of any solid waste, either on a temporary
basis or for a period of years, in such a manner as not to constitute
disposal of such waste.
SURFACE WATER
Lakes, ponds, impounding reservoirs, springs, rivers, streams,
creeks, estuaries, marshes, and all other bodies of surface water,
natural or artificial, public or private.
TOWN
The Town of Pendleton. Whenever this chapter refers to any
action which is to be taken or authorized by the Town, the provisions
shall be deemed to refer to the Town Board unless otherwise specified.
TRANSFER STATION
A combination of structures, machinery or devices at a place
or facility where solid waste is taken from collection vehicles and
placed in other transportation units for movement to another solid
waste management facility.
TREATMENT
Any method, technique or process, including neutralization,
designed to change the physical, chemical or biological character
or composition of any solid waste to neutralize such waste, recover
energy or material resources from the waste, to render such waste
safer to transport, store or dispose of, or amenable for recovery,
storage or reduction in volume.
WASTE TO ENERGY FACILITY
Includes any industrial waste or solid waste disposal operation,
recycling operation, sanitary landfill, and anaerobic digester facility.