Unless otherwise expressly stated, the following terms shall, for the
purposes of this chapter, have the meanings herein indicated:
Any person, as defined herein, who applies for a permit, license
or registration pursuant to this chapter or who, after issuance of such a
permit, license or registration pursuant to this chapter, applies for renewal
of a permit, license or registration pursuant to this chapter. A person applying
for a permit for a solid waste management facility must be the owner or operator
of such facility.
Any person who operates a private business involved in the collection
of solid wastes for disposal in a solid waste management facility.
The proper closing of an active or inactive solid waste management
facility, including facilities for recyclables handling and recovery. Upon
termination of use, the owner or operator must properly close the facility
and monitor and maintain the closure to minimize the need for further maintenance
and to prevent adverse environmental or health impacts, such as, but not limited
to, contravention of surface water and groundwater quality standards, gas
migration, odors and vectors. Termination of use includes those situations
where a facility has not received solid waste for more than one year, unless
otherwise provided by permit, or the permit has expired. Termination of use
also results from permit denial or order of the Commissioner of the Department
of Environmental Conservation or of a court.
To heap or pile matter capable of decay, including but not limited
to grass cuttings, leaves, brush, decaying foods or paper products for use
as fertilizer.
Any physical modification to a potential 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
borrowed material for daily cover, etc.).
Uncontaminated solid waste resulting from the construction, remodeling,
repair and demolition of structures and roads and uncontaminated solid waste
consisting of vegetation resulting from land clearing and grubbing, utility
line maintenance and seasonal and storm-related cleanup. Such waste includes
any matter which is defined as construction and demolition debris in New York
Compilation of Codes, Rules and Regulations, Title 6, Part 360 (hereinafter
NYCRR).
The New York State Department of Environmental Conservation.
Chapter 43-B of the Consolidated Laws of the State of New York, entitled
the "Environmental Conservation Law."
Crops grown for human consumption and crops grown for feed for animals
whose products are consumed by humans.
Putrescible solid wastes, 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. Garbage includes,
but is not limited to:
Any person, excluding municipalities, the county and any county water
or sewer district who, for a fee or other consideration, collects, stores,
transfers, transports or disposes of solid waste, recyclables or construction
and demolition debris that is generated or originated within the Town or brought
within the boundaries of the Town for disposal, storage, transfer or processing.
Engaging in the following activities, for a fee or other consideration:
collection, storage, transfer, transport or disposal of solid waste, recyclables
or construction and demolition debris that is generated or originated within
the Town or brought within the boundaries of the Town for disposal, storage,
transfer or processing.
A solid waste or combination of solid wastes which, because of its
quantity, concentration or physical, chemical or biological characteristic,
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 improperly treated, stored,
transported, disposed of or 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 also include wastes that are solid, semisolid, liquid
or contained gases and a solid waste which appears on the list or satisfies
the criteria promulgated by the Commissioner of Environmental Conservation
of the State of New York, pursuant to § 27-0903 of the Environmental
Conservation Law.
Wastes in liquid, semisolid or solid form that result 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.
Liquid which has percolated through solid waste.
Any matter capable or incapable of fermentation or decay.
The term "lumber" does not include untreated wood products formerly used in construction or packing and/or shipping to be used as firewood pursuant to the provisions of § 80B-2.5B(2) herein.
Operation of the facility after initial receipt of solid waste.
The person who is responsible for the operation of a solid waste
management facility.
Any individual, public or private corporation, political subdivision,
government agency, department or bureau of the state, municipality, industry,
copartnership, association, firm, trust estate or any other legal entity.
Any business or entity engaged in the removal, collection or disposal
of solid waste in which one or more principals of the business or entity is
also a principal(s) of the applicant, or any business or entity which engaged
in activities which are now required to be permitted, licensed or registered
pursuant to this chapter and which was purchased or otherwise acquired by
the applicant, in the five-year period preceding the application.
The following: of a sole proprietorship, the proprietor; of a corporation,
including a limited liability company, every officer and director and every
stockholder holding 10% or more of the outstanding shares of the corporation;
of a partnership, including a limited liability partnership or a general or
special partnership, all the partners; 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; and with respect to all business entities, all other persons participating
directly and indirectly in the control of such business 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:
An individual shall be considered to hold stock in a corporation where
such stock is owned directly or indirectly by or for such individual; 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); the children,
grandchildren and parents of such individual; and a corporation in which any
of such individual, the spouse, children, grandchildren or parents of such
individual in the aggregate own 50% or more in value of the stock of such
corporation;
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
A corporation shall be considered to hold stock in a corporation that
is an applicant for a license or licensee 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 or licensee corporation.
The tendency of organic matter to decompose with the formation of
malodorous by-products.
Solid waste that exhibits the potential to be used repeatedly in
place of a virgin material.
A solid waste management facility, other than collection and transfer
vehicles, at which recyclables are separated from the solid waste stream or
at which previously separated recyclables are collected.
Includes but is not limited to:
The contents of the septic tank, cesspool or other individual sewage
treatment facility which receives domestic sewage wastes.
Any contract entered into by a licensee and a third party (herein
"customer") to conduct any activity within the Town of Goshen for which a
license must be issued pursuant to this chapter.
The accumulated semisolid suspension of solids deposited from wastewaters
from municipal or private sewage treatment plants.
The accumulated semisolid suspension of settled solids deposited
from wastewaters or other fluids. Sludge includes, but is not limited to,
solids removed during the treatment of:
Materials or substances discharged or rejected as being spent, useless,
worthless or in excess to the owner at the time of such discard or rejection,
except sewage and other highly diluted water-carried materials or substances,
sewage sludge, septage and those in gaseous form. Such wastes shall include,
but are not limited to, garbage, sludge, rubbish, ashes, incinerator residue,
street cleanings, dead animals, offal, abandoned vehicles, agricultural waste,
industrial waste, commercial waste and construction and demolition debris.
Solid waste includes, but is not limited to, any matter which is defined as
solid waste in 6 NYCRR Part 360, except as described in Paragraph 4 of 6 NYCRR
Part 360-1.2(a), and/or regulated under 6 NYCRR Part 364. Solid Waste shall
not be understood to include recyclables, as defined in this chapter, provided
that such materials are being handled in an appropriate manner which prevents
them for being classified as solid waste as defined herein.
A person or entity having as a primary purpose the promotion, advancement
or self-regulation of businesses that remove, collect or dispose of solid
waste, including, but not limited to, a corporation, unincorporated association,
partnership, trust or limited liability company, whether or not such entity
is organized for profit, not-for-profit, business or nonbusiness purposes.
Any facility employed beyond the initial solid waste collection process,
including but not limited to, storage areas or facilities; transfer stations;
bailing 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; secure land-burial facilities; industrial waste
processing or disposal facilities; and storage areas associated with any of
the foregoing.
The segregation of recyclables from solid waste at the point of generation
for separate collection, sale or other disposition.
The Town of Goshen.
The Town Board of the Town of Goshen.
Material listed or defined as hazardous by either of the following:
Lands, submerged lands and waters lying within the boundaries of
the Town commonly called "marshes," "swamps," "sloughs," "bogs" and "flats"
supporting aquatic or semiaquatic vegetation.
