PART I. GENERAL PROVISIONS

 

§342G-1  Definitions.  As used in thischapter, unless the context requires otherwise:

"Agricultural solid waste" means thesolid waste that results from the rearing of animals and the harvesting ofcrops and that is normally placed in landfills.

"Backyard composting" means thesmall-scale composting of organic materials, primarily yard wastes, at the sitewhere these materials are generated.

"Bimetallic can" means any food orbeverage container that is composed of steel with a tin coating.

"Bioconversion" means the processingof the organic fraction of the waste stream through biological or chemicalmeans to perform composting or generate products including, but not limited to,fertilizers, feeds, methane, alcohols, tars, and other products.  This termincludes, but is not limited to, biogassification, acid hydrolysis, pyrolysis,and fermentation.  This term does not include any form of incineration ormethane gas extraction from a municipal waste landfill.

"Compost" means a relatively stable,decomposed, organic, humus-like material, generated by a composting facility,that is suitable for landscaping or soil amendment purposes.

"Composting" means a process in whichorganic solid wastes, such as biosolids (sewage sludge), green or yard wastematerials, manures, and non-treated wood chips and shavings, are biologicallydecomposed and stabilized under controlled conditions to produce a stablehumus-like mulch or soil amendment.  This term includes the processing oforganic and non-treated wood waste materials for the generation of wood chipsor other materials that can be used as soil amendment, planting mixes, mulchesfor horticultural and agricultural applications, landfill cover, and landreclamation.  The process of composting under methods approved by thedepartment is a recycling activity.  Land application of uncomposted organicsolid waste shall not be considered an approved solid waste managementactivity.

"Coordinator" means the state solidwaste management coordinator established within the office of solid wastemanagement in the department of health.

"Corrugated paper" means a paperproduct fabricated from two layers of kraft linerboard sandwiched around acorrugating medium.

"County coordinator" means the personwithin each county government whose primary responsibility is the planning andimplementation of the county's integrated solid waste management plans andobjectives.

"Department" means the department ofhealth.

"Deposit beverage" means beer, ale,or other drink produced by fermenting malt, mixed spirits, mixed wine, tea andcoffee drinks regardless of dairy-derived product content, soda, ornoncarbonated water, and all nonalcoholic drinks in liquid form and intendedfor internal human consumption that is contained in a deposit beveragecontainer.

The term "deposit beverage" excludesthe following:

(1)  A liquid which is:

(A)  A syrup;

(B)  In a concentrated form; or

(C)  Typically added as a minor flavoringingredient in food or drink, such as extracts, cooking additives, sauces, orcondiments;

(2)  A liquid which is ingested in very smallquantities and which is consumed for medicinal purposes only;

(3)  A liquid which is designed and consumed only as anutritional supplement as defined in the Dietary Supplement Health andEducation Act of 1994 (P.L. 103-417) and not as a beverage;

(4)  Products frozen at the time of sale to theconsumer, or, in the case of institutional users such as hospitals and nursinghomes, at the time of sale to the users;

(5)  Products designed to be consumed in a frozenstate;

(6)  Instant drink powders;

(7)  Seafood, meat, or vegetable broths, or soups, butnot juices; and

(8)  Milk and all other dairy-derived products, excepttea and coffee drinks with trace amounts of these products.

"Director" means the director ofhealth.

"Disposal" means the management ofsolid waste through incineration or landfilling at permitted solid wastefacilities.

"Disposal fee" means a fee that maybe charged on items that will eventually end up as solid waste with the intentof factoring into the price or use or disposal of the same the eventual cost ofmanaging the goods as wastes.

"Enterprise zone" means an areaselected by a county and approved by the governor to be eligible for theenterprise zone program established under chapter 209E.

"Environmental management specialfund" means the fund created by section 342G-63.

"Feasibility assessment" means astudy that analyzes a specific municipal solid waste collection, storage,processing, or disposal system to assess the likelihood that the system can besuccessfully implemented, including, but not limited to, an analysis of theprospective market, the projected costs and revenues of the system, the wastestream that the system will rely upon, and various options available toimplement the system.

"Ferrous metal" means any iron orsteel scrap that has an iron content sufficient for magnetic separation.

"Food waste" means all animal andvegetable solid wastes generated by food facilities and residences that resultfrom the storage, preparation, cooking, or handling of food.

"Green waste" means leaves, gardenresidues, shrubbery and tree trimmings, grass clippings, and similar material.

"HDPE" means high densitypolyethylene plastic and containers manufactured from this material.

"Household hazardous waste" meansthose wastes resulting from products purchased by the general public forhousehold use which, because of their quantity, concentration, or physical,chemical, or infectious characteristics, may pose a substantial known orpotential hazard to human health or the environment when improperly treated,disposed of, or otherwise managed.

"Incineration" means volume reductionby controlled burning of combustible solid waste.

"Integrated solid waste management"means the use of a variety of waste management practices and processing methodsto safely and effectively manage solid waste with the least adverse impact onhuman health and the environment.

"Landfill" means a land site on whichengineering principles are utilized to bury deposits of solid waste withoutcreating a nuisance or hazard to public health or safety.

"Landfilling" means the permitteddisposal of solid waste on land in a series of compacted layers and coveringthe solid waste with soil or other materials.

"Manure" means excrement generated byanimals, such as cows, horses, and chickens, held in captivity or used foragricultural production.

"Mixed paper" means discarded paperproducts that are composed of two or more types of paper, including newspaper,corrugated paper, office paper, computer paper, white paper, and coated paperstock.

"Office" means the office of solidwaste management in the department of health.

"Permitted disposal capacity" meansthe quantity of solid waste, measured either in terms of weight or volume, orboth, that can be processed or disposed of at an existing municipal wastedisposal facility.  This term includes only the weight or volume, or both, ofthe capacity for which the department has issued a permit.  This term does notapply to any facility that the department determines, or has previouslydetermined, has failed or continues to fail to comply with:  (1) this chapter,(2) any rules adopted pursuant to this chapter, or (3) any permit conditions.

"PET" means polyethyleneterephthalate plastic and containers manufactured from this material.

"Petroleum" means any petroleum,including crude oil or any fraction thereof, that is liquid at standardtemperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inchabsolute).

"Petroleum-contaminated soil" meanssoil that has been contaminated by a release of petroleum to a degree thatexceeds levels determined to be acceptable by the director.

"Postconsumer material" means amaterial that has fulfilled the intent of its original manufacture.

"Processing" means any technologyused for the purpose of reducing the volume or weight, or both, of solidwastes, or any technology used to convert part or all of solid wastes forreuse.

"Processing facilities" include, butare not limited to, transfer facilities, recycling facilities, andbioconversion facilities.

"Program" means the particularcombination of waste management methods selected by each county and designed toachieve the objectives of the state and county integrated solid wastemanagement plans.

"Recovered material" means materialthat has been diverted from disposal for the purpose of recycling orbioconversion.  This term does not include those materials that are generatedand normally reused on-site for manufacturing purposes.

"Recycled content" means thepercentage of a good or product composed of postconsumer materials.

"Recycled oil" means any oil producedfrom used oil that achieves required standards of purity for use as a lubricantor fuel.

"Recycled paper product" means apaper product containing postconsumer material that conforms to the UnitedStates Environmental Protection Agency's guidelines for recycled paper.

"Recycling" means the collection,separation, recovery, and sale or reuse of secondary resources that wouldotherwise be disposed of as municipal solid waste, and is an integral part of amanufacturing process aimed at producing a marketable product made ofpostconsumer material.

"Secondary resources" means postconsumermaterial collected and processed for feedstock in a manufacturing process.

"Sewage sludge" means residual solidsand semisolids resulting from the treatment of wastewater.  This term does notinclude wastewater effluent discharged from wastewater treatment processes.

"Solid waste disposal facility" meansany facility which receives solid waste for ultimate disposal throughlandfilling or incineration.  This term does not include facilities utilizedfor transfer, storage, processing, or remanufacturing for recycling or reuse,or bioconversion.

"Solid waste management" means theentire process, or any part thereof, of storage, collection, transportation,transfer, processing, and disposal of solid wastes by any person engaging inthese processes.

"Solid waste or municipal solidwaste" means:  garbage, refuse, and other residential or commercialdiscarded materials, including solid, liquid, semisolid, or contained gaseousmaterials resulting from industrial, commercial, mining, and agricultural operations;sludge from waste treatment plants and water supply treatment plants; andresidues from air pollution control facilities and community activities.  Thisterm does not include solid or dissolved materials in domestic sewage or othersubstances in water sources, such as silt, dissolved or suspended solids inindustrial wastewater effluents, dissolved materials in irrigation returnflows, or other common water pollutants.

"Solid waste reduction facility" or"waste reduction facility" means all contiguous land, includingbuffer zones, structures, appurtenances, and improvements on the land used forsolid waste handling.  This term includes a facility used as a transferstation, landfill, incinerator, composting plant, bioconversion site, or recyclingsite utilized for the reduction, consolidation, conversion, processing, ordisposal of solid waste.

"Solid waste stream" means the totalflow of solid waste from all waste generators or any segment thereof, that mustbe processed or disposed of.

"Source reduction" means the design,manufacture, and use of materials to:

(1)  Minimize the quantity or toxicity, or both, ofthe waste produced; and

(2)  Reduce the creation of waste either byredesigning products or by otherwise changing societal patterns of consumption,use, or waste generation.

"Special waste" means any solid wastewhich, because of its source or physical, chemical, or biologicalcharacteristics, requires special consideration for its proper processing ordisposal, or both.  This term includes, but is not limited to, asbestos, usedoil, petroleum-contaminated soil, lead acid batteries, municipal wastecombustion ash, sewage sludge that is not hazardous waste, agricultural andfarm-generated wastes that are normally placed in landfills, medical wastes,tires, white goods, and derelict vehicles.

"State plan" means the integratedsolid waste management plan developed by the department of health.

"Waste diversion" means to divertwaste from the solid waste stream going into waste disposal facilities throughrecycling or bioconversion programs.

"Waste evaluation" means a review ofan establishment's disposal practices to assess how those practices can beimproved to reduce waste or recover postconsumer materials.

"Waste reduction" means the reductionof solid waste by weight or volume, or both, through a variety of methods priorto disposal.  This term includes source reduction, recycling, andbioconversion.  This term does not include incineration and landfilling.

"White goods" means discarded,enamel-coated major appliances, such as washing machines, clothes dryers, hotwater heaters, stoves, and refrigerators.

"Wood waste" means solid wasteconsisting of wood pieces or particles that are generated from: themanufacturing or production of wood products; the harvesting, processing, orstorage of raw wood materials; and construction and demolition activities. [L1991, c 324, pt of §2; am L 1993, c 190, §3, c 281, §§1, 3, and c 312, §4; am L2002, c 176, §4]