§ 27-1901. Definitions.

When used in this title:

1. "Abatement" means the removal of a sufficient number of waste tires
from a noncompliant waste tire stockpile and restoration of the site to
a condition that is in substantial compliance with the rules and
regulations administered by the department for waste tire storage
facilities.

2. "Beneficial use" means the use of solid waste material, which would
otherwise need to be placed in a landfill or disposed of through
alternative means, in such a manner that the nature of the use of the
material constitutes a reuse rather than disposal. Beneficial uses
include incorporation of a solid waste material, which is a legitimate
substitute for a raw material, into a product marketable to an end user.
Waste tires which are burned as a fuel for the purposes of recovering
useable energy are considered to be beneficially used only at the point
at which they are burned.

3. "End use" means that a product requires no further processing or
manufacturing and is used by a consumer for the product's intended
application.

4. "End user" means the ultimate customer of a finished product.

5. "New tires" means tires that have never been placed on a motor
vehicle wheel rim or tires placed on a motor vehicle prior to its
original retail sale. It does not include recapped or resold tires.

6. "Noncompliant waste tire stockpile" means a facility, including a
waste tire storage facility, parcel of property, or site so designated
by the department in accordance with this title, where one thousand or
more waste tires or mechanically processed waste tires have been
accumulated, stored or buried in a manner that the department or a court
of competent jurisdiction has determined violates any judicial
administrative order, decree, law, regulation, or permit or stipulation
relating to waste tires, waste tire storage facilities or solid waste.

7. "Recycle" means to use recyclables in manufacturing a product for
an end use other than burning for recovery of useable energy.

8. "Recyclables" means solid waste materials that exhibit the
potential to be used to make marketable products for end users.

9. "Removed from service" means removed within New York state from the
service for which the tires were intended to be used when the tires and
tire casings were separated for retreading.

10. "Retail sale" means the sale to any person in the state for any
purpose other than resale.

11. "Tire service" means any person or business in New York state who
sells or installs new tires for use on any vehicle and any person or
business who engages in the retail sale of new motor vehicles. A person
who is not the end point of sale and any governmental agency or
political subdivision are excluded from this term.

12. "Vehicle" or "Motor Vehicle" means any device which by virtue of
its design could qualify for registration pursuant to section four
hundred one, four hundred ten, two thousand two hundred sixty-one, or
two thousand two hundred eighty-two of the vehicle and traffic law.

13. "Waste tire" means any solid waste which consists of whole tires
or portions of tires. Tire casings separated for retreading and tires
with sufficient tread for resale shall be included under this term,
however, crumb rubber shall not be considered a solid waste.

14. "Waste tire storage facility" means a facility at which waste
tires are stored and for which a permit or registration has been issued,
pursuant to department regulations.