Section 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.