PART I. 

GENERAL PROVISIONS

 

     §342G-1  Definitions.  As used in this

chapter, unless the context requires otherwise:

     "Agricultural solid waste" means the

solid waste that results from the rearing of animals and the harvesting of

crops and that is normally placed in landfills.

     "Backyard composting" means the

small-scale composting of organic materials, primarily yard wastes, at the site

where these materials are generated.

     "Bimetallic can" means any food or

beverage container that is composed of steel with a tin coating.

     "Bioconversion" means the processing

of the organic fraction of the waste stream through biological or chemical

means to perform composting or generate products including, but not limited to,

fertilizers, feeds, methane, alcohols, tars, and other products.  This term

includes, but is not limited to, biogassification, acid hydrolysis, pyrolysis,

and fermentation.  This term does not include any form of incineration or

methane 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 which

organic solid wastes, such as biosolids (sewage sludge), green or yard waste

materials, manures, and non-treated wood chips and shavings, are biologically

decomposed and stabilized under controlled conditions to produce a stable

humus-like mulch or soil amendment.  This term includes the processing of

organic and non-treated wood waste materials for the generation of wood chips

or other materials that can be used as soil amendment, planting mixes, mulches

for horticultural and agricultural applications, landfill cover, and land

reclamation.  The process of composting under methods approved by the

department is a recycling activity.  Land application of uncomposted organic

solid waste shall not be considered an approved solid waste management

activity.

     "Coordinator" means the state solid

waste management coordinator established within the office of solid waste

management in the department of health.

     "Corrugated paper" means a paper

product fabricated from two layers of kraft linerboard sandwiched around a

corrugating medium.

     "County coordinator" means the person

within each county government whose primary responsibility is the planning and

implementation of the county's integrated solid waste management plans and

objectives.

     "Department" means the department of

health.

     "Deposit beverage" means beer, ale,

or other drink produced by fermenting malt, mixed spirits, mixed wine, tea and

coffee drinks regardless of dairy-derived product content, soda, or

noncarbonated water, and all nonalcoholic drinks in liquid form and intended

for internal human consumption that is contained in a deposit beverage

container.

     The term "deposit beverage" excludes

the following:

     (1)  A liquid that is:

          (A)  A syrup;

          (B)  In a concentrated form; or

         (C)  Typically added as a minor flavoring

ingredient in food or drink, such as extracts, cooking additives, sauces, or

condiments;

     (2)  A liquid that is ingested in very small

quantities and which is consumed for medicinal purposes only;

     (3)  A single serving of one ounce or less of a

dietary supplement as defined in the Dietary Supplement Health and

Education Act of 1994 (P.L. 103‑417);

     (4)  A liquid that the department finds to be the sole

item of a meal or diet;

     (5)  Products frozen at the time of sale to the

consumer, or, in the case of institutional users such as hospitals and nursing

homes, at the time of sale to the users;

     (6)  Products designed to be consumed in a frozen

state;

     (7)  Instant drink powders;

     (8)  Seafood, meat, or vegetable broths, or soups, but

not juices; and

     (9)  Milk and all other dairy-derived products, except

tea and coffee drinks with trace amounts of these products.

     "Director" means the director of

health.

     "Disposal" means the management of

solid waste through incineration or landfilling at permitted solid waste

facilities.

     "Disposal fee" means a fee that may

be charged on items that will eventually end up as solid waste with the intent

of factoring into the price or use or disposal of the same the eventual cost of

managing the goods as wastes.

     "Enterprise zone" means an area

selected by a county and approved by the governor to be eligible for the

enterprise zone program established under chapter 209E.

     "Environmental management special fund"

means the fund created by section 342G-63.

     "Feasibility assessment" means a

study that analyzes a specific municipal solid waste collection, storage,

processing, or disposal system to assess the likelihood that the system can be

successfully implemented, including, but not limited to, an analysis of the

prospective market, the projected costs and revenues of the system, the waste

stream that the system will rely upon, and various options available to

implement the system.

     "Ferrous metal" means any iron or

steel scrap that has an iron content sufficient for magnetic separation.

     "Food waste" means all animal and

vegetable solid wastes generated by food facilities and residences that result

from the storage, preparation, cooking, or handling of food.

     "Green waste" means leaves, garden

residues, shrubbery and tree trimmings, grass clippings, and similar material.

     "HDPE" means high density

polyethylene plastic and containers manufactured from this material.

     "Household hazardous waste" means

those wastes resulting from products purchased by the general public for

household use which, because of their quantity, concentration, or physical,

chemical, or infectious characteristics, may pose a substantial known or

potential hazard to human health or the environment when improperly treated,

disposed of, or otherwise managed.

     "Incineration" means volume reduction

by controlled burning of combustible solid waste.

     "Integrated solid waste management"

means the use of a variety of waste management practices and processing methods

to safely and effectively manage solid waste with the least adverse impact on

human health and the environment.

     "Landfill" means a land site on which

engineering principles are utilized to bury deposits of solid waste without

creating a nuisance or hazard to public health or safety.

     "Landfilling" means the permitted

disposal of solid waste on land in a series of compacted layers and covering

the solid waste with soil or other materials.

     "Manure" means excrement generated by

animals, such as cows, horses, and chickens, held in captivity or used for

agricultural production.

     "Mixed paper" means discarded paper

products that are composed of two or more types of paper, including newspaper,

corrugated paper, office paper, computer paper, white paper, and coated paper

stock.

     "Office" means the office of solid

waste management in the department of health.

     "Permitted disposal capacity" means

the quantity of solid waste, measured either in terms of weight or volume, or

both, that can be processed or disposed of at an existing municipal waste

disposal facility.  This term includes only the weight or volume, or both, of

the capacity for which the department has issued a permit.  This term does not

apply to any facility that the department determines, or has previously

determined, 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 polyethylene

terephthalate plastic and containers manufactured from this material.

     "Petroleum" means any petroleum,

including crude oil or any fraction thereof, that is liquid at standard temperature

and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute).

     "Petroleum-contaminated soil" means

soil that has been contaminated by a release of petroleum to a degree that

exceeds levels determined to be acceptable by the director.

     "Postconsumer material" means a

material that has fulfilled the intent of its original manufacture.

     "Processing" means any technology

used for the purpose of reducing the volume or weight, or both, of solid

wastes, or any technology used to convert part or all of solid wastes for

reuse.

     "Processing facilities" include, but

are not limited to, transfer facilities, recycling facilities, and

bioconversion facilities.

     "Program" means the particular

combination of waste management methods selected by each county and designed to

achieve the objectives of the state and county integrated solid waste

management plans.

     "Recovered material" means material

that has been diverted from disposal for the purpose of recycling or

bioconversion.  This term does not include those materials that are generated

and normally reused on-site for manufacturing purposes.

     "Recycled content" means the

percentage of a good or product composed of postconsumer materials.

     "Recycled oil" means any oil produced

from used oil that achieves required standards of purity for use as a lubricant

or fuel.

     "Recycled paper product" means a

paper product containing postconsumer material that conforms to the United

States Environmental Protection Agency's guidelines for recycled paper.

     "Recycling" means the collection,

separation, recovery, and sale or reuse of secondary resources that would

otherwise be disposed of as municipal solid waste, and is an integral part of a

manufacturing process aimed at producing a marketable product made of postconsumer

material.

     "Secondary resources" means

postconsumer material collected and processed for feedstock in a manufacturing

process.

     "Sewage sludge" means residual solids

and semisolids resulting from the treatment of wastewater.  This term does not

include wastewater effluent discharged from wastewater treatment processes.

     "Solid waste disposal facility" means

any facility which receives solid waste for ultimate disposal through

landfilling or incineration.  This term does not include facilities utilized for

transfer, storage, processing, or remanufacturing for recycling or reuse, or

bioconversion.

     "Solid waste management" means the

entire process, or any part thereof, of storage, collection, transportation,

transfer, processing, and disposal of solid wastes by any person engaging in

these processes.

     "Solid waste or municipal solid waste"

means:  garbage, refuse, and other residential or commercial discarded

materials, including solid, liquid, semisolid, or contained gaseous materials

resulting from industrial, commercial, mining, and agricultural operations;

sludge from waste treatment plants and water supply treatment plants; and

residues from air pollution control facilities and community activities.  This

term does not include solid or dissolved materials in domestic sewage or other

substances in water sources, such as silt, dissolved or suspended solids in

industrial wastewater effluents, dissolved materials in irrigation return

flows, or other common water pollutants.

     "Solid waste reduction facility" or "waste

reduction facility" means all contiguous land, including buffer zones,

structures, appurtenances, and improvements on the land used for solid waste

handling.  This term includes a facility used as a transfer station, landfill,

incinerator, composting plant, bioconversion site, or recycling site utilized

for the reduction, consolidation, conversion, processing, or disposal of solid

waste.

     "Solid waste stream" means the total

flow of solid waste from all waste generators or any segment thereof, that must

be processed or disposed of.

     "Source reduction" means the design,

manufacture, and use of materials to:

     (1)  Minimize the quantity or toxicity, or both, of

the waste produced; and

     (2)  Reduce the creation of waste either by

redesigning products or by otherwise changing societal patterns of consumption,

use, or waste generation.

     "Special waste" means any solid waste

which, because of its source or physical, chemical, or biological

characteristics, requires special consideration for its proper processing or

disposal, or both.  This term includes, but is not limited to, asbestos, used

oil, petroleum-contaminated soil, lead acid batteries, municipal waste

combustion ash, sewage sludge that is not hazardous waste, agricultural and

farm-generated wastes that are normally placed in landfills, medical wastes,

tires, white goods, and derelict vehicles.

     "State plan" means the integrated

solid waste management plan developed by the department of health.

     "Waste diversion" means to divert

waste from the solid waste stream going into waste disposal facilities through

recycling or bioconversion programs.

     "Waste evaluation" means a review of

an establishment's disposal practices to assess how those practices can be

improved to reduce waste or recover postconsumer materials.

     "Waste reduction" means the reduction

of solid waste by weight or volume, or both, through a variety of methods prior

to disposal.  This term includes source reduction, recycling, and

bioconversion.  This term does not include incineration and landfilling.

     "White goods" means discarded,

enamel-coated major appliances, such as washing machines, clothes dryers, hot

water heaters, stoves, and refrigerators.

     "Wood waste" means solid waste

consisting of wood pieces or particles that are generated from: the

manufacturing or production of wood products; the harvesting, processing, or

storage of raw wood materials; and construction and demolition activities. [L

1991, c 324, pt of §2; am L 1993, c 190, §3, c 281, §§1, 3, and c 312, §4; am L

2002, c 176, §4; am L 2013, c 230, §2]