New York Codes, Rules and Regulations
Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT
Chapter VIII - Office Of Waste Prevention Services
Part 72 - Waste Prevention Assistance Program
Section 72.2 - Definitions

Universal Citation: 5 NY Comp Codes Rules and Regs ยง 72.2

Current through Register Vol. 46, No. 12, March 20, 2024

(a) Applicant shall mean a municipality, two or more municipalities or a non-profit organization.

(b) Project co-implementor shall mean the municipality, non-profit organization or New York business that assists the applicant in the achievement of the results of a waste prevention assistance project. This includes, but is not limited to, providers of technical assistance support services and secondary materials processing or manufacturing facilities operators. In this situation, the applicant remains the sole recipient of State assistance payments.

(c) Commissioner shall mean the Commissioner of Economic Development.

(d) Cost or project cost shall mean the capital cost of an eligible project, including engineering and architectural services, surveys, plans and specifications; transportation facilities at the site or sites of the project; lands acquired pursuant to conditions set forth in section 72.4 of this Part; and other direct capital expenses incident to such project, including directly related costs for technical assistance, less any Federal assistance and assistance from any New York State solid waste or recycling program received or to be received.

(e) Department shall mean the Department of Economic Development.

(f) Eligible project or waste prevention project or project shall mean actions taken by or on behalf of a New York business involving the acquisition, construction, alteration, repair or improvement of a building, fixtures, machinery or equipment, provided that such project results in:

(1) source reduction or material substitution, provided that the substitution of one hazardous substance, product or nonproduct output for another does not result in the creation of a new environmental, health or safety risk;

(2) in-process recycling;

(3) recycling or reuse of non-hazardous solid wastes;

(4) increased energy efficiency;

(5) conservation of the use of water or other natural resources that improve in process economics;

(6) elimination of the purchase of materials, the production of which for the use of said firm would result in more waste or resource consumption; or

(7) other practices or technologies that reduce the use of hazardous materials or otherwise improve air or water quality.

Eligible project shall not include end-of-pipe pollution control technologies or practices where such controls or practices are designed primarily to achieve compliance with the Environmental Conservation Law or regulations promulgated pursuant thereto; energy recovery or incineration; or out-of-process recycling or reuse of hazardous waste or hazardous substances.

(g) Federal assistance means funds available, other than by loan, from the Federal government, either directly or through allocation by the State for construction or program implementation purposes pursuant to any Federal law or program.

(h) Municipality shall mean a local public authority or public benefit corporation, a county, city, town, village, or Indian tribe residing within New York State, or any combination thereof.

(i) Out-of-process recycling of hazardous materials shall mean the use of hazardous wastes, collected after the manufacturing process, as raw materials or feedstocks for off-site production of other materials or products;

(j) Program shall mean the Waste Prevention Assistance Program.

(k) Secondary materials shall mean material recovered from or otherwise destined for the waste stream, including but not limited to, postconsumer material, industrial scrap material and overstock or obsolete inventories from distributors, wholesalers and other companies, but shall not include those materials and by-products generated from and commonly reused within an original manufacturing process.

(l) Source separated organic materials shall mean readily degradable organic material such as food, yard and wood waste, including agricultural and food processing waste, which is collected separate from mixed solid waste, but does not include sewage, sewage sludge, sludge or septage.

(m) State assistance payment means the payment of moneys by the State to municipalities and non-profit organizations for undertaking, pursuant to contract, projects authorized by this Part.

(n) Waste shall mean:

(1) solid waste - all putrescible and non-putrescible 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, sludges from air or water control facilities, rubbish, ashes, contained gaseous material, incinerator residue, demolition and construction debris, discarded automobiles and offal but not including sewage and other highly diluted water carried materials or substances and those in gaseous form, as defined in subdivision one of section 27-0701 of the Environmental Conservation Law (ECL);

(2) air contaminant - a dust, fume, gas, mist, odor, smoke, vapor, pollen, noise or any combination thereof, as defined in subdivision two of section 19-0107 of the ECL;

(3) industrial waste - any liquid, gaseous, solid or waste substance or a combination thereof resulting from any process of industry, manufacturing, trade, or business or from the development or recovery of any natural resources, which may cause or might reasonably be expected to cause pollution of the waters of the state in contravention of the standards adopted under the Environmental Conservation Law; and

(4) hazardous waste - those wastes which appear on the list, or satisfies the characteristics of hazardous waste, promulgated pursuant to section 27-0903 of the Environmental Conservation Law.

Such term shall not include source, special nuclear or by-product material as defined in the Atomic Energy Act of 1954, as amended.

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