§ 27-1901 — Definitions

§ 27-1901. Definitions.\n When used in this title:\n 1. "Abatement" means the removal of a sufficient number of waste tires\nfrom a noncompliant waste tire stockpile and restoration of the site to\na condition that is in substantial compliance with the rules and\nregulations administered by the department for waste tire storage\nfacilities.\n 2. "Beneficial use" means the use of solid waste material, which would\notherwise need to be placed in a landfill or disposed of through\nalternative means, in such a manner that the nature of the use of the\nmaterial constitutes a reuse rather than disposal. Beneficial uses\ninclude incorporation of a solid waste material, which is a legitimate\nsubstitute for a raw material, into a product marketable to an end user.\nWaste tires which are burned as a fuel for the purposes of recovering\nuseable energy are considered to be beneficially used only at the point\nat which they are burned.\n 3. "End use" means that a product requires no further processing or\nmanufacturing and is used by a consumer for the product's intended\napplication.\n 4. "End user" means the ultimate customer of a finished product.\n 5. "New tires" means tires that have never been placed on a motor\nvehicle wheel rim or tires placed on a motor vehicle prior to its\noriginal retail sale. It does not include recapped or resold tires.\n 6. "Noncompliant waste tire stockpile" means a facility, including a\nwaste tire storage facility, parcel of property, or site so designated\nby the department in accordance with this title, where one thousand or\nmore waste tires or mechanically processed waste tires have been\naccumulated, stored or buried in a manner that the department or a court\nof competent jurisdiction has determined violates any judicial\nadministrative order, decree, law, regulation, or permit or stipulation\nrelating to waste tires, waste tire storage facilities or solid waste.\n 7. "Recycle" means to use recyclables in manufacturing a product for\nan end use other than burning for recovery of useable energy.\n 8. "Recyclables" means solid waste materials that exhibit the\npotential to be used to make marketable products for end users.\n 9. "Removed from service" means removed within New York state from the\nservice for which the tires were intended to be used when the tires and\ntire casings were separated for retreading.\n 10. "Retail sale" means the sale to any person in the state for any\npurpose other than resale.\n 11. "Tire service" means any person or business who sells or installs\nnew tires for use on any vehicle and any person or business who engages\nin the retail sale of new motor vehicles. The United States of America\nand any of its agencies and instrumentalities, and New York state and\nany of its agencies, instrumentalities, public corporations, or\npolitical subdivisions are excluded from this term.\n 12. "Vehicle" or "Motor Vehicle" means any device which by virtue of\nits design could qualify for registration pursuant to section four\nhundred one, four hundred ten, two thousand two hundred sixty-one, or\ntwo thousand two hundred eighty-two of the vehicle and traffic law.\n 13. "Waste tire" means any solid waste which consists of whole tires\nor portions of tires. Tire casings separated for retreading and tires\nwith sufficient tread for resale shall be included under this term,\nhowever, crumb rubber shall not be considered a solid waste.\n 14. "Waste tire storage facility" means a facility at which waste\ntires are stored and for which a permit or registration has been issued,\npursuant to department regulations.\n