§ 825.30. Definitions.

Unless otherwise expressly stated or unless the context or subject matter specifically requires a different meaning, the meanings of the following terms which are used in this chapter shall be as follows:

1.

County means the County of Westchester.

2.

Commissioner means the Commissioner of Environmental Facilities of the County of Westchester or his duly authorized representative.

3.

Construction and demolition debris or (C&D) means 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, but is not limited to, bricks, concrete and other masonry materials, soil, rock, wood, wall coverings, plaster, drywall, plumbing fixtures, non-asbestos insulation, roofing shingles, asphaltic pavement, glass, plastics that are not sealed in a manner that conceals other wastes, electrical wiring and components containing no hazardous liquids, and metals that are incidental to any of the above.

4.

Hauler means any person, excluding municipalities, the County and any County district, including, but not limited to, Refuse Disposal District No. 1 and all County sewer and water districts, 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 County or brought within the boundaries of the County for disposal, storage, transfer or processing.

5.

Municipality shall mean the towns, villages and cities located within Westchester County.

6.

Person shall mean any individual, firm, company, association, society, corporation, partnership, copartnership, joint-stock company, trust, estate, governmental entity or any other legal entity or legal representatives, agents or assigns. The masculine gender shall include the feminine, the singular shall include the plural, where indicated by context.

7.

Recycle means any method, technique or process utilized to separate, process, modify, convert, treat or otherwise prepare solid waste so that its component materials or substances may be beneficially used or reused.

8.

Recyclables means the following materials:

(a)

Newsprint: Newspapers as purchased, including any glossy inserts.

(b)

High-grade paper: Includes high quality paper such as letterhead, copier paper, typing paper, tablet sheets, computer printout paper, and all paper of similar quality. This term shall not include carbon paper, selfcarbonizing paper, coated or glossy paper, envelopes with windows or adhesive labels. Residential waste generators are permitted to commingle high-grade paper with newsprint; however, nonresidential waste generators are required to separate high-grade paper from newsprint.

(c)

Glass: Glass jars, bottles and containers of clear, green or amber (brown) color, used to store food or beverages only, which must be empty and rinsed clean. This term excludes ceramics, window or automobile glass, mirrors and light bulbs.

(d)

Metals: All ferrous and nonferrous food and beverage containers, including steel, aluminum and bimetal, which shall be empty and rinsed clean.

(e)

Bulk metals: Large metal fixtures and appliances, including white goods such as washing machines, refrigerators, etc. This term excludes metal containers utilized to store flammable or volatile chemical materials, such as fuel tanks.

(f)

Plastics: All plastics with resin identification codes 1 through 7, including food, beverage, detergent and shampoo containers and caps, which shall be empty and rinsed clean. This term excludes all plastic film (e.g., dry cleaning bags, and packaging materials), plastic bags, vinyl, all large rigid plastics (e.g., toys, pools, and furniture), non-coded small rigid plastics (e.g., toys, clothing hangers, tableware, and utensils), plastic foam materials (e.g., hot beverage cups, trays, and packaging materials), containers that held potentially hazardous materials (e.g., motor oil, solvents, and pesticides), and building materials (e.g., piping, and bathroom and kitchen fixtures).

(g)

Yard waste: Leaves collected during the fall only.

(h)

Vehicular batteries: Lead-acid batteries used in automobiles and heavy equipment; excludes household batteries (e.g., for flashlights, radios, cameras, etc.).

(i)

Used motor oil: The type used in gasoline and diesel vehicle and equipment engines, delivered in an uncontaminated container.

(j)

Cardboard including corrugated cardboard containers, which must be cleaned of excessive amounts of contaminants such as adhesives, metals and plastics; cereal boxes, tissue boxes, paper towel rolls or any other noncorrugated materials made from cardboard.

9.

Recyclables broker means any person, excluding municipalities, the County and any County district, including but not limited to Refuse Disposal District No. 1 and all County sewer and water districts, who, for a fee or other consideration, collects, picks up, separates, processes, markets, transports, stores or otherwise handles recyclables exclusively, if those recyclables were generated or originated within the County or brought within the boundaries of the County for disposal, storage, transfer or processing, excluding those persons who are required to accept beverage containers under § 27-1007 of the New York State Environmental Conservation Law or persons who redeem containers under said law, and those persons who are required to accept used motor oil and vehicular batteries free of charge for recycling under applicable state law, provided that this exclusion shall only apply to the aforementioned activities which are governed by state law. A recyclables broker may collect, separate, process, store, transport or otherwise handle solid waste contaminants that are collected with recyclables, provided that the recyclables broker has taken reasonable precautions to prevent the introduction of such contaminants.

10.

Separate collection means that any municipality, hauler or recyclables broker who collects, transports or stores solid waste or recyclables shall keep source-separated recyclables separate from solid waste during collection, transportation and storage, except for recyclables that are mixed with solid waste in construction and demolition debris and identifiable bagged recyclables mixed with bagged solid waste, provided that recyclables are later separated for recycling.

11.

Solid waste means all putrescible and nonputrescible materials or substances that are discarded or rejected as being spent, useless, worthless or in excess to their owners at the time of such discard or rejection, including but not limited to garbage, refuse, commercial waste, rubbish, ashes, incinerator residue and construction and demolition debris. "Solid waste" shall not be understood to include recyclables as defined in this chapter.

12.

Source separation means the segregation of recyclables from solid waste at the point of generation for separate collection, sale or other disposition.

13.

Waste generator means any person who produces or is responsible for solid waste or recyclables in Westchester County requiring disposal.

14.

Residential waste generator means a waste generator who resides in a single- or multifamily dwelling, whose waste is generated from household functions such as cooking, cleaning, etc.

15.

Nonresidential waste generator shall mean all waste generators other than residential waste generators.

(Amended by L.L. No. 8-2008, § 1; L.L. No. 18-2010, § 1 ^[]; L.L. No. 3-2018 , § 1)