N.Y. Environmental Conservation Law § 54-0701: Definitions

§ 54-0701. Definitions.

As used in this title the following terms shall mean and include:

1. "Cost" means the capital cost of a municipal recycling project

including engineering and architectural services, surveys, plans and

specifications; consultant and legal services; lands acquired pursuant

to the conditions set forth in section 54-0709 of this title, and other

direct capital expenses incident to such a project, less any federal

assistance or other assistance received or to be received. "Cost" shall

also include the capital, planning and promotional costs associated with

waste reduction projects, the costs related to household hazardous waste

collection and disposal programs, and the costs related to planning,

educational and promotional activities associated with a recyclables

recovery program. "Cost" shall also include beverage container

assistance program grants to municipalities and not-for-profit

organizations pursuant to section 27-1018 of this chapter. Provided,

however, "cost" shall exclude any cost incurred prior to April first,

nineteen hundred ninety-three, and shall further exclude costs related

to planning, educational and promotional activities associated with a

recyclables recovery program incurred prior to April first, two

thousand.

2. "Recyclables recovery equipment" means structures, machinery or

devices, singly or in combination, designed, constructed and required

primarily to separate, process, modify, convert, treat, or prepare

collected solid waste, which is included as part of a recyclables

recovery program so that component materials or substances or

recoverable resources may be used as a raw material for new products or

for useful purposes other than for energy recovery, and for the

collection and preparation for disposal of household hazardous waste.

3. "Recyclables recovery program" means a program undertaken by a

municipality consistent with requirements of section one hundred

twenty-aa of the general municipal law to provide for the

environmentally sound recovery of recyclables, primarily involving the

collection, aggregation and processing of recyclable materials for their

use as raw materials for new products or for other useful purposes other

than for energy recovery, through facilities planned, designed and

constructed to ensure environmental protection and to maximize the

potential for recyclables recovery. A recyclables recovery program also

shall mean planning, educational and promotional activities to increase

public awareness of and participation in recycling. Such program shall

have been approved by the commissioner and undertaken consistent with

any local solid waste management plan pursuant to section 27-0107 of

this chapter.

4. "Recycling project" means recyclables recovery equipment, source

separation equipment, a recyclables recovery program or any combination

thereof required by a recyclables recovery program and the reimbursement

to municipalities and not-for-profit corporations, as such terms are

defined in section 54-0101 of this article, for the cost of a redemption

center as defined in section 27-1003 of this chapter.

5. "Source separation equipment" means municipally-owned:

a. Add-ons or trailers designed to modify collection vehicles to allow

sorting and separation of collected wastes held for the purpose of

recycling;

b. Containers for the source separation and temporary storage of

recyclable wastes by commercial, industrial and institutional

generators, and for the source separation and temporary storage of

recyclable wastes by single family and multiple family dwellings prior

to collection;

c. Bins, sheds or other facilities for the temporary storage of

materials prior to transport for the purposes of recycling; and

d. Collection vehicles specifically designed to hold and transport

source separated recyclables.

6. "Waste reduction projects" means projects undertaken to reduce the

volume or toxicity of material entering the municipal solid waste

stream, by reducing the volume or toxicity of such material at the point

of generation. Waste reduction projects shall include planning and

educational or promotional activities to increase public awareness of

methods to prevent the generation of waste including the reuse of

certain materials, substitution of non-toxic household products, and the

promotion of backyard composting.

7. "Household hazardous waste" shall mean solid waste emanating from

households (including single and multiple residences, hotels and motels,

bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds

and day-use recreation areas) which but for their point of generation,

would be a hazardous waste under title 9 of article 27 of this chapter

or a "pesticide" as defined in article 33 of this chapter.