PART I. DEFINITIONS AND GENERAL PROVISIONS

 

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

“Complaint” means any written charge filed withor by the department that a person is violating any provision of this chapteror any rule or order adopted pursuant to this chapter.

“Department” means the department of health.

“Director” means the director of health.

“Disposal” means the discharge, deposit,injection, dumping, spilling, leaking, or placing of any solid waste onto anyland or water so that such solid waste, or any constituent thereof, may enterthe environment, be emitted into the air, or discharged into any water,including ground waters.

“Incineration” means the treatment of solidwaste by burning in a furnace designed for the purpose wherein solid waste isessentially reduced to ash, carbon dioxide, and water vapor.

“Inert fill material” means earth, soil, rocks,rock-like material such as cured asphalt, brick, and clean concrete less thaneight inches in diameter, except as specified by a licensed soils engineer withno exposed steel reinforcing rod.  The fill material shall not containvegetation or organic material, or other solid waste.

“Open dump” means a disposal site that isoperating in nonconformance with applicable standards, relevant permitconditions, rules, or this chapter.

“Party” means each person or agency named asparty or properly entitled to be a party in any court or agency proceeding.

“Permit” means written authorization from thedirector to construct, modify, and operate any solid waste management system orany component of any solid waste management system.  A permit authorizes thegrantee to construct, modify, and operate any solid waste management system ina manner or amount, not forbidden by this chapter, or by rules adopted pursuantto this chapter but requiring review by the department.

“Person” means any individual, partnership,firm, association, public or private corporation, federal agency, the State orany of its political subdivisions, trust, estate, or any other legal entity.

“Petroleum” means any petroleum, includingcrude oil or any fraction thereof, that is liquid at standard temperature andpressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute).

“Petroleum-contaminated soil” means soil thathas been contaminated by a release of petroleum to a degree that exceeds levelsdetermined to be acceptable by the director.

“Pollution” means solid waste pollution.

“Recycling” means the collection, separation,recovery, and sale or reuse of secondary resources that would otherwise bedisposed of as municipal solid waste, and is an integral part of amanufacturing process aimed at producing a marketable product made ofpostconsumer material.

“Sanitary 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.

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

“Solid waste” means garbage, refuse, and otherdiscarded materials, including solid, liquid, semisolid, or contained gaseousmaterials resulting from industrial, commercial, mining, and agriculturaloperations, sludge from waste treatment plants and water supply treatmentplants, and residues from air pollution control facilities and communityactivities, but does not include solid or dissolved materials in domesticsewage or other substances in water sources such as silt, dissolved orsuspended solids in industrial waste water effluents, dissolved materials inirrigation return flows, or other common water pollutants, or source, specialnuclear, or by-product material as defined by the federal Atomic Energy Act of1954, as amended (68 Stat. 923).

“Solid waste management system” means a systemfor the storage, processing, treatment, transfer, or disposal of solid waste.

“Variance” means special written authorizationfrom the director to do an act that deviates from applicable standards or fromthe requirements of rules adopted under this chapter.

“Waste” means sewage, industrial andagricultural matter, and all other liquid, gaseous, or solid substance,including radioactive substance, whether treated or not, which may pollute or tendto pollute the atmosphere, lands or waters of this State. [L 1989, c 212, pt of§4; am L 1990, c 34, §21 and c 298, §6; am L 1992, c 245, §2; am L 1993, c 190,§5 and c 281, §2; am L 1994, c 210, §3; am L 1997, c 268, §2; am L 1998, c 226,§1]