49-851

49-851. Definitions; applicability

A. In this article, unless the context otherwise requires:

1. "Best management practices" means a method or combination of methods that is
used in the treatment, storage and disposal of a special waste and that achieves the
maximum practical cost effective protection of public health or the environment.

2. "On site" means at or on the same or geographically contiguous property that may
be divided by public or private right-of-way, provided the entrance and exit between the
properties are at a crossroads intersection and access is by crossing as opposed to
travel along the right-of-way. Noncontiguous properties owned by the same person but
connected by a right-of-way that that person controls and to which the public does not
have access are also on-site property.

3. "Petroleum contaminated soils" means soils excavated for storage, treatment or
disposal containing benzene, toluene, ethylbenzene, total xylenes, acenaphthylene,
anthracene, benz(A)anthracene, benzo(A)pyrene, benzo(B)fluoranthene,
benzo(K)fluoranthene, cyrysene, dibenz(A, H)anthracene, fluoranthene, fluorene,
indenopyrene, naphthalene or pyrene in concentrations in excess of levels determined by
the director pursuant to section 49-152 to protect the public health and the
environment.

4. "Shipper" means a person who transports a special waste in commerce.

5. "Special waste" means a solid waste as defined in section 49-701.01, other than
a hazardous waste, that requires special handling and management to protect public health
or the environment and that is listed in section 49-852 or in rules adopted pursuant to
section 49-855. Special waste does not include return flows from irrigated agriculture,
medical waste, used oil or by-products of a regulated agricultural activity, as defined
in section 49-201, that are subject to best management practices under section 49-247,
by-products of livestock, range livestock and poultry as defined in section 3-1201,
pesticide containers regulated pursuant to title 3, chapter 2, article 6 or waste that
contains radioactive materials that are subject to a permit or regulation under the
atomic energy act of 1954 (42 United States Code section 2011; 68 Stat. 919), as amended,
or title 30, chapter 4.

6. "Storage" means the holding of special waste for a period of not more than one
year unless a lesser period of time is designated by the director pursuant to best
management practices rules. The director shall not designate a storage time of less than
ninety days.

B. Defining or categorizing any material as a special waste under this article
shall not affect the duty of care or breach of that duty for a cause of action for
personal injury or for a workers' compensation claim arising from the handling of any
materials.