Section 16-130. Permit for operators of dumps, non-putrescible solid waste transfer stations, putrescible solid waste transfer stations and fill material operations

a.  As  used  in this section: 1. The term "solid  waste" shall mean  all  putrescible  and  non-putrescible  materials  or
  substances,  other  than  those  materials  or  substances  described in
  subparagraph (b) of this paragraph,  that  are  discarded  or  rejected,
  including  but  not  limited  to garbage, refuse, waste collected by any
  person required to be licensed or registered pursuant to  chapter  1  of
  title  16-A  of  this  code,  rubbish,  tires,  ashes, contained gaseous
  material,  incinerator  residue,  construction  and  demolition  debris,
  discarded  automobiles  and  offal.  Such  term shall include recyclable
  materials, as defined in subdivision i of section 16-303 of this title.
    (a) A material is discarded or rejected if it is:
    (1) spent, useless, worthless or in excess to the owners at  the  time
  of such discard or rejection;
    (2) disposed of;
    (3) burned or incinerated, including material burned as a fuel for the
  purpose of recovering useable energy; or
    (4)  accumulated,  stored  or  physically,  chemically or biologically
  treated (other than burned or incinerated) instead of  or  before  being
  disposed of.
    (b) The following are not solid waste for the purpose of this section:
    (1) domestic sewage;
    (2)  any  mixture  of  domestic  sewage  and  other wastes that passes
  through  a  sewer  system  to  a  publicly  owned  treatment  works  for
  treatment,  except  any  material that is introduced into such system in
  order to avoid the provisions of this  title  or  of  state  regulations
  promulgated to regulate solid waste management facilities;
    (3)  industrial  wastewater  discharges  that  are actual point source
  discharges  subject  to  permits  under   article   seventeen   of   the
  environmental  conservation  law;  provided  that industrial wastewaters
  while they are being collected, stored or treated before  discharge  and
  sludges  that are generated by industrial wastewater treatment are solid
  wastes;
    (4) irrigation return flows;
    (5)  radioactive  materials  that  are  source,  special  nuclear,  or
  by-product  material  under  the  federal  Atomic Energy Act of 1954, as
  amended, 42 U.S.C. §2011 et seq.;
    (6) materials subject to  in-situ  mining  techniques  which  are  not
  removed from the ground as part of the extraction process;
    (7) hazardous waste as defined in section 27-0901 of the environmental
  conservation law, including material containing hazardous waste; and
    (8)  regulated  medical  waste  as defined in title fifteen of article
  twenty-seven of the New York state environmental  conservation  law,  in
  title  thirteen  of article thirteen of the New York state public health
  law or in section 16-120.1 of the code,  or  any  rules  or  regulations
  promulgated pursuant to such provisions of law.
    2.   The  term  "putrescible  solid  waste"  shall  mean  solid  waste
  containing organic matter having the  tendency  to  decompose  with  the
  formation of malodorous by-products;
    3.  The  term  "non-putrescible  solid  waste" shall mean solid waste,
  whether or not contained in receptacles, that does not  contain  organic
  matter having the tendency to decompose with the formation of malodorous
  by-products,   including  but  not  limited  to  dirt,  earth,  plaster,
  concrete, rock, rubble, slag, ashes, waste timber,  lumber,  plexiglass,
  fiberglass,  ceramic  tiles, asphalt, sheetrock, tar paper, tree stumps,
  wood, window frames, metal,  steel,  glass,  plastic  pipes  and  tubes,
  rubber hoses and tubes, electric wires and cables, paper and cardboard;

    4.  The  term  "dump"  shall  mean  any  structure,  building or other
  premises, whether improved  or  unimproved,  at  which  solid  waste  is
  received  for  the  purpose  of  final  disposal,  unless  such waste is
  received for a fill material operation;
    5.  The term "non-putrescible solid waste transfer station" shall mean
  any  structure,  building  or  other  premises,  whether   improved   or
  unimproved,  at  which  only non-putrescible solid waste is received for
  the purpose of subsequent transfer to another  location,  regardless  of
  whether such non-putrescible solid waste is subject to any processing or
  reduction in volume at such structure, building or premises;
    6.  The term "putrescible solid waste transfer station" shall mean any
  structure, building or other premises, whether improved  or  unimproved,
  at  which  any  amount  of  putrescible  solid waste is received for the
  purpose of  subsequent  transfer  to  another  location,  regardless  of
  whether such putrescible solid waste is mixed with non-putrescible solid
  waste  or  is  subject  to any processing or reduction in volume at such
  structure, building or premises;
    7. The term "fill material" shall mean only clean material  consisting
  of  earth,  ashes, dirt, concrete, asphalt millings, rock, gravel, stone
  or sand, provided that such material shall not  contain  organic  matter
  having  the  tendency  to  decompose  with  the  formation of malodorous
  by-products; and
    8.  The  term  "fill  material  operation"  shall  mean  the  grading,
  levelling, surcharging, compacting or final disposition of fill material
  for  the  purpose  of  land alteration or improvement, including but not
  limited to change of the existing property grade, filling of lands below
  established grades or of lands under water to  established  grades,  and
  filling of lands which requires approval by any city or state agency.
    b. It shall be unlawful for any person or public agency other than the
  department  to  conduct, operate or use any pier or part thereof, or any
  piece or parcel of land or land under water within the city as a dump or
  as a non-putrescible solid waste transfer station or  putrescible  solid
  waste  transfer station, or for a fill material operation without having
  first obtained for each pier or part  thereof,  or  for  each  piece  or
  parcel  of  land or of land under water, in addition to any other permit
  required by law, a permit from the commissioner and, where  required  by
  any law or rule, the prior written approval of the commissioner of ports
  and trade. The commissioner may establish by rule one or more classes of
  permits pursuant to this section and section 16-131 of this chapter.
    c.  Nothing  contained  in  this  section or in section 16-131 of this
  chapter shall be construed to allow the grading, levelling, surcharging,
  compacting or final disposition of any material other than fill material
  for the purpose of land alteration or improvement.