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This entry was published on 2014-09-22
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SECTION 54-0701
Definitions
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 54, TITLE 7
§ 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.