49-961. Definitions
In this article, unless the context otherwise requires:
1. "Disposal" means discharging, depositing, injecting, dumping, spilling, leaking
or placing a toxic substance or hazardous waste into or on land or water so that the
toxic substance or hazardous waste or any constituent of hazardous waste may enter the
environment, be emitted into the air or be released into or commingled with any waters,
including groundwater.
2. "Facility" means all buildings, equipment, structures and other stationary items
located on a single site or on contiguous or adjacent sites and owned or operated by the
same person or by any person who controls, is controlled by or is under common control
with any person. Facility does not include a household hazardous waste collection
facility or a facility that is primarily engaged in receiving waste from off site and
that has a permit issued or plan approved under this title for the storage, treatment or
disposal of solid, special or hazardous waste.
3. "Generator" means a person who, by virtue of ownership, management or control,
is responsible for causing or allowing to be caused the creation of hazardous waste.
4. "Hazardous waste" means hazardous waste as defined in section 49-921.
5. "Person" means an individual, the United States, this state or a public or
private corporation, local government unit, public agency, partnership, association,
firm, trust or estate or any other legal entity.
6. "Pollution" means the disposal of a toxic substance or hazardous waste into the
air, land, surface water or groundwater.
7. "Pollution prevention" means operational procedures and processes and
improvements in housekeeping or management techniques that reduce potential or actual
releases of pollutants to the overall environment including all air, water and land
resources affected by those pollutants. Pollution prevention includes any of the
following:
(a) Toxics use reduction, source reduction, recycling of wastes or secondary
materials, waste minimization, reuse, reclamation, conservation and substitution.
(b) Proportionate changes in the total volume, quantity or toxicity of a particular
pollutant as prescribed in this subsection as the release of that pollutant changes as a
result of production changes or other business changes. For the purposes of this
subdivision, "business changes" includes improvements in operating practices, spill and
leak prevention measures, inventory control and other changes that proportionately reduce
or eliminate the release of pollutants to the overall environment but does not include
the transfer or relocation of an operation or process to another facility in this state
with no subsequent proportionate reduction in toxics use or the release of pollutants to
the overall environment.
(c) On-site or off-site treatment if that treatment can be shown to confer a higher
degree of protection to the public health and safety and the environment than other
technically and economically practicable waste reduction alternatives.
8. "Recycling" means a reuse, further use, reclamation or extraction through a
process or activity that is separate from the process or activity that produced the waste
stream but does not include combustion or incineration.
9. "Toxic substance" or "toxics" means a toxic chemical listed pursuant to the
pollution prevention act of 1990 (42 United States Code section 13102 (3)).
10. "Treatment" has the same meaning as prescribed in 40 Code of Federal Regulations
section 260.10 but does not include recycling.
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