49-831. Definitions
In this article, unless the context otherwise requires:
1. "Agency" means this state or a state agency, county, municipality or political
subdivision.
2. "Collection" means the act of picking up post-consumer secondary materials from
homes, businesses, governmental agencies, institutions or industrial sites.
3. "Consumer" means a person who purchases a product for use, consumption or any
purpose other than resale.
4. "Consumer of newsprint" means a person who uses newsprint in a commercial
printing operation or in a commercial publishing operation.
5. "Disposition" means the transportation, placement, reuse, sale, donation,
transfer or temporary storage for a period of not more than six months of designated
recyclable materials for all possible uses, except for disposal as solid waste.
6. "Municipal or county solid waste" means any garbage, trash, rubbish, refuse,
sludge from a waste treatment plant, water supply treatment plant or pollution control
facility and other discarded material, including solid, liquid, semisolid or contained
gaseous material but not including domestic sewage or hazardous waste.
7. "Municipality" means an incorporated city or town with a population of more than
five thousand persons.
8. "Natural resources" means the supply of materials, not made by man, that are
used for making goods.
9. "Newsprint" means uncoated paper, whether supercalendered or machine finished,
including the type generally used for the publication of newspapers, commercial
advertising inserts, directories or commercial advertising mailers, which is made
primarily from mechanical wood pulps combined with some chemical wood pulp. Newsprint
includes paper made from old newspapers which have been deinked, using the recycled pulp
in lieu of virgin pulp. Newsprint includes all grades of paper sold as newsprint,
supercalendered (SC) uncoated groundwood or machine finished (MF) uncoated groundwood.
10. "Paper" means newspaper, high grade office paper, fine paper, bond paper, offset
paper, xerographic paper, duplicator paper and related types of cellulosic material
containing not more than ten per cent by weight or volume of noncellulosic material such
as laminates, binders, coatings or saturants.
11. "Paper product" means paper items or commodities, including paper napkins,
towels, corrugated paper and related types of cellulosic products containing not more
than ten per cent by weight or volume of noncellulosic material such as laminates,
binders, coatings or saturants.
12. "Plastic container" means a container which is hermetically sealed or made
airtight with a metal or plastic cap with a minimum wall thickness of not less than 0.010
inches and which is composed of thermoplastic synthetic polymeric materials.
13. "Plastics" means a specific polymer or mix of polymers in combination with
various amounts of plasticizers, stabilizers, colorants, fillers and other organic and
inorganic compounds.
14. "Post-consumer material" means a discard generated by a business or residence
that has fulfilled its useful life. Post-consumer material does include discards from
industrial or manufacturing processes.
15. "Process" or "processing" means the reduction, separation, recovery, conversion
or recycling of solid waste.
16. "Recyclable material" means post-consumer materials which may be collected,
separated, cleansed, treated or reconstituted and returned to the economic stream in the
form of raw materials or products.
17. "Recycled" means a process by which post-consumer materials are collected,
separated, cleansed, treated or reconstituted and returned to the economic stream in the
form of raw materials or products.
18. "Recycled-content newsprint" means newsprint which contains post-consumer
wastepaper.
19. "Recycled materials" means those materials which have been separated from the
municipal or county solid waste stream, processed and returned to the economic stream in
the form of raw materials or products.
20. "Recycled paper" means paper products which have been manufactured from
materials otherwise destined for the waste stream.
21. "Recycling" means the process of collecting, separating, cleansing, treating and
reconstituting post-consumer materials that would otherwise become solid waste and
returning them to the economic stream in the form of raw material for reconstituted
products which meet the quality standards necessary to be used in the marketplace, but
does not include incineration or other similar processes.
22. "Recycling equipment" means any machinery or apparatus used exclusively to
recycle post-consumer waste material or manufacturing machinery used exclusively to
produce finished products composed substantially of post-consumer waste materials.
23. "Recycling program" means the program prepared and adopted by this state and
approved by the department to implement the recycling program goals of this state or a
program prepared and adopted by a county or municipality of this state.
24. "Reuse" means the return of a commodity into the economic stream for use in the
same kind of application as before without change in its identity.
25. "Source reduction" means any action which causes a net reduction in the
generation of solid waste and includes reducing the use of nonrecyclable materials,
replacing disposable materials and products with reusable materials and products,
reducing packaging, reducing the amount of yard waste generated, establishing garbage
rate structures with incentives to reduce the amount of wastes that generators produce
and increasing the efficiency of the use of paper, cardboard, glass, metal, plastic and
other materials in the manufacturing process. Source reduction does not include the
following:
(a) Steps taken after the material becomes solid waste or actions which would
impact air or water resources in lieu of land, such as incineration or pyrolysis or
burning for energy recovery.
(b) Replacing disposable material or products with alternative disposable materials
or products.
26. "Storage" means the containment or holding of materials, either on a temporary
or long-term basis, in such a manner as not to constitute disposal of such materials.
27. "Used oil" means any oil which has been refined from crude or synthetic oil and,
as a result of use, storage or handling, which has become unsuitable for its original
purpose due to the presence of impurities or loss of original properties but which may be
suitable for further use and may be economically recyclable.
28. "Waste generator" means a person, business, government agency or other
organization that produces solid waste.
29. "Waste stream" means the solid waste material output of a community, region or
facility.
30. "Waste tire" means a tire that is no longer suitable for its original intended
purpose because of wear, damage or defect.
31. "Wastepaper" means recyclable paper and paperboard, including high grade office
paper, computer paper, fine paper, bond paper, offset paper, xerographic paper,
duplicator paper and corrugated paper.
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