Text of Statute
As used in this chapter:
(A) "Board of health" means the board of health of a city or
general health district or the authority having the duties of a board of health
in any city as authorized by section (B) "Director" means the director of environmental protection.
(C) "Health district" means a city or general health district as
created by or under authority of Chapter (D) "Agency" means the environmental protection agency.
(E) "Solid wastes" means such unwanted residual solid or semisolid
material as results from industrial, commercial, agricultural, and community
operations, excluding earth or material from construction, mining, or demolition
operations, or other waste materials of the type that normally would be included
in demolition debris, nontoxic fly ash and bottom ash, including at least ash
that results from the combustion of coal and ash that results from the
combustion of coal in combination with scrap tires where scrap tires comprise
not more than fifty per cent of heat input in any month, spent nontoxic foundry
sand, and slag and other substances that are not harmful or inimical to public
health, and includes, but is not limited to, garbage, scrap tires, combustible
and noncombustible material, street dirt, and debris. "Solid wastes"
does not include any material that is an infectious waste or a hazardous waste.
(F) "Disposal" means the discharge, deposit, injection, dumping,
spilling, leaking, emitting, or placing of any solid wastes or hazardous waste
into or on any land or ground or surface water or into the air, except if the
disposition or placement constitutes storage or treatment or, if the solid
wastes consist of scrap tires, the disposition or placement constitutes a
beneficial use or occurs at a scrap tire recovery facility licensed under
section (G) "Person" includes the state, any political subdivision and
other state or local body, the United States and any agency or instrumentality
thereof, and any legal entity defined as a person under section (H) "Open burning" means the burning of solid wastes in an open
area or burning of solid wastes in a type of chamber or vessel that is not
approved or authorized in rules adopted by the director under section (I) "Open dumping" means the depositing of solid wastes into a body
or stream of water or onto the surface of the ground at a site that is not
licensed as a solid waste facility under section (J) "Hazardous waste" means any waste or combination of wastes in
solid, liquid, semisolid, or contained gaseous form that in the determination of
the director, because of its quantity, concentration, or physical or chemical
characteristics, may do either of the following:
(1) Cause or significantly contribute to an increase in mortality or an
increase in serious irreversible or incapacitating reversible illness;
(2) Pose a substantial present or potential hazard to human health or safety
or to the environment when improperly stored, treated, transported, disposed of,
or otherwise managed.
"Hazardous waste" includes any substance identified by regulation
as hazardous waste under the "Resource Conservation and Recovery Act of
1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as amended, and does not include
any substance that is subject to the "Atomic Energy Act of 1954," 68
Stat. 919, 42 U.S.C.A. 2011, as amended.
(K) "Treat" or "treatment," when used in connection with
hazardous waste, means any method, technique, or process designed to change the
physical, chemical, or biological characteristics or composition of any
hazardous waste; to neutralize the waste; to recover energy or material
resources from the waste; to render the waste nonhazardous or less hazardous,
safer to transport, store, or dispose of, or amenable for recovery, storage,
further treatment, or disposal; or to reduce the volume of the waste. When used
in connection with infectious wastes, "treat" or "treatment"
means any method, technique, or process designed to render the wastes
noninfectious, including, without limitation, steam sterilization and
incineration, or, in the instance of wastes identified in division (R)(7) of
this section, to substantially reduce or eliminate the potential for the wastes
to cause lacerations or puncture wounds.
(L) "Manifest" means the form used for identifying the quantity,
composition, origin, routing, and destination of hazardous waste during its
transportation from the point of generation to the point of disposal, treatment,
or storage.
(M) "Storage," when used in connection with hazardous waste, means
the holding of hazardous waste for a temporary period in such a manner that it
remains retrievable and substantially unchanged physically and chemically and,
at the end of the period, is treated; disposed of; stored elsewhere; or reused,
recycled, or reclaimed in a beneficial manner. When used in connection with
solid wastes that consist of scrap tires, "storage" means the holding
of scrap tires for a temporary period in such a manner that they remain
retrievable and, at the end of that period, are beneficially used; stored
elsewhere; placed in a scrap tire monocell or monofill facility licensed under
section (N) "Facility" means any site, location, tract of land,
installation, or building used for incineration, composting, sanitary
landfilling, or other methods of disposal of solid wastes or, if the solid
wastes consist of scrap tires, for the collection, storage, or processing of the
solid wastes; for the transfer of solid wastes; for the treatment of infectious
wastes; or for the storage, treatment, or disposal of hazardous waste.
(O) "Closure" means the time at which a hazardous waste facility
will no longer accept hazardous waste for treatment, storage, or disposal, the
time at which a solid waste facility will no longer accept solid wastes for
transfer or disposal or, if the solid wastes consist of scrap tires, for storage
or processing, or the effective date of an order revoking the permit for a
hazardous waste facility or the registration certificate, permit, or license for
a solid waste facility, as applicable. "Closure" includes measures
performed to protect public health or safety, to prevent air or water pollution,
or to make the facility suitable for other uses, if any, including, but not
limited to, the removal of processing residues resulting from solid wastes that
consist of scrap tires; the establishment and maintenance of a suitable cover of
soil and vegetation over cells in which hazardous waste or solid wastes are
buried; minimization of erosion, the infiltration of surface water into such
cells, the production of leachate, and the accumulation and runoff of
contaminated surface water; the final construction of facilities for the
collection and treatment of leachate and contaminated surface water runoff,
except as otherwise provided in this division; the final construction of air and
water quality monitoring facilities, except as otherwise provided in this
division; the final construction of methane gas extraction and treatment
systems; or the removal and proper disposal of hazardous waste or solid wastes
from a facility when necessary to protect public health or safety or to abate or
prevent air or water pollution. With regard to a solid waste facility that is a
scrap tire facility, "closure" includes the final construction of
facilities for the collection and treatment of leachate and contaminated surface
water runoff and the final construction of air and water quality monitoring
facilities only if those actions are determined to be necessary.
(P) "Premises" means either of the following:
(1) Geographically contiguous property owned by a generator;
(2) Noncontiguous property that is owned by a generator and connected by a
right-of-way that the generator controls and to which the public does not have
access. Two or more pieces of property that are geographically contiguous and
divided by public or private right-of-way or rights-of-way are a single
premises.
(Q) "Post-closure" means that period of time following closure
during which a hazardous waste facility is required to be monitored and
maintained under this chapter and rules adopted under it, including, without
limitation, operation and maintenance of methane gas extraction and treatment
systems, or the period of time after closure during which a scrap tire monocell
or monofill facility licensed under section (R) "Infectious wastes" includes all of the following substances or
categories of substances:
(1) Cultures and stocks of infectious agents and associated biologicals,
including, without limitation, specimen cultures, cultures and stocks of
infectious agents, wastes from production of biologicals, and discarded live and
attenuated vaccines;
(2) Laboratory wastes that were, or are likely to have been, in contact with
infectious agents that may present a substantial threat to public health if
improperly managed;
(3) Pathological wastes, including, without limitation, human and animal
tissues, organs, and body parts, and body fluids and excreta that are
contaminated with or are likely to be contaminated with infectious agents,
removed or obtained during surgery or autopsy or for diagnostic evaluation,
provided that, with regard to pathological wastes from animals, the animals have
or are likely to have been exposed to a zoonotic or infectious agent;
(4) Waste materials from the rooms of humans, or the enclosures of animals,
that have been isolated because of diagnosed communicable disease that are
likely to transmit infectious agents. Such waste materials from the rooms of
humans do not include any wastes of patients who have been placed on blood and
body fluid precautions under the universal precaution system established by the
centers for disease control in the public health service of the United States
department of health and human services, except to the extent specific wastes
generated under the universal precautions system have been identified as
infectious wastes by rules adopted under division (R)(8) of this section.
(5) Human and animal blood specimens and blood products that are being
disposed of, provided that, with regard to blood specimens and blood products
from animals, the animals were or are likely to have been exposed to a zoonotic
or infectious agent. " Blood products" does not include patient care
waste such as bandages or disposable gowns that are lightly soiled with blood or
other body fluids unless those wastes are soiled to the extent that the
generator of the wastes determines that they should be managed as infectious
wastes.
(6) Contaminated carcasses, body parts, and bedding of animals that were
intentionally exposed to infectious agents from zoonotic or human diseases
during research, production of biologicals, or testing of pharmaceuticals, and
carcasses and bedding of animals otherwise infected by zoonotic or infectious
agents that may present a substantial threat to public health if improperly
managed;
(7) Sharp wastes used in the treatment, diagnosis, or inoculation of human
beings or animals or that have, or are likely to have, come in contact with
infectious agents in medical, research, or industrial laboratories, including,
without limitation, hypodermic needles and syringes, scalpel blades, and glass
articles that have been broken;
(8) Any other waste materials generated in the diagnosis, treatment, or
immunization of human beings or animals, in research pertaining thereto, or in
the production or testing of biologicals, that the public health council created
in section (S) "Infectious agent" means a type of microorganism, helminth, or
virus that causes, or significantly contributes to the cause of, increased
morbidity or mortality of human beings.
(T) "Zoonotic agent" means a type of microorganism, helminth, or
virus that causes disease in vertebrate animals and that is transmissible to
human beings and causes or significantly contributes to the cause of increased
morbidity or mortality of human beings.
(U) "Solid waste transfer facility" means any site, location, tract
of land, installation, or building that is used or intended to be used primarily
for the purpose of transferring solid wastes that were generated off the
premises of the facility from vehicles or containers into other vehicles for
transportation to a solid waste disposal facility. "Solid waste transfer
facility" does not include any facility that consists solely of portable
containers that have an aggregate volume of fifty cubic yards or less nor any
facility where legitimate recycling activities are conducted.
(V) "Beneficially use" means to use a scrap tire in a manner that
results in a commodity for sale or exchange or in any other manner authorized as
a beneficial use in rules adopted by the director in accordance with Chapter (W) "Commercial car," "commercial tractor," "farm
machinery," "motor bus," "vehicles," "motor
vehicle," and "semitrailer" have the same meanings as in section (X) "Construction equipment" means road rollers, traction engines,
power shovels, power cranes, and other equipment used in construction work, or
in mining or producing or processing aggregates, and not designed for or used in
general highway transportation.
(Y) "Motor vehicle salvage dealer" has the same meaning as in
section (Z) "Scrap tire" means an unwanted or discarded tire.
(AA) "Scrap tire collection facility" means any facility that meets
all of the following qualifications:
(1) The facility is used for the receipt and storage of whole scrap tires
from the public prior to their transportation to a scrap tire storage, monocell,
monofill, or recovery facility licensed under section (2) The facility exclusively stores scrap tires in portable containers;
(3) The aggregate storage of the portable containers in which the scrap tires
are stored does not exceed five thousand cubic feet.
(BB) "Scrap tire monocell facility" means an individual site within
a solid waste landfill that is used exclusively for the environmentally sound
storage or disposal of whole scrap tires or scrap tires that have been shredded,
chipped, or otherwise mechanically processed.
(CC) "Scrap tire monofill facility" means an engineered facility
used or intended to be used exclusively for the storage or disposal of scrap
tires, including at least facilities for the submergence of whole scrap tires in
a body of water.
(DD) "Scrap tire recovery facility" means any facility, or portion
thereof, for the processing of scrap tires for the purpose of extracting or
producing usable products, materials, or energy from the scrap tires through a
controlled combustion process, mechanical process, or chemical process.
"Scrap tire recovery facility" includes any facility that uses the
controlled combustion of scrap tires in a manufacturing process to produce
process heat or steam or any facility that produces usable heat or electric
power through the controlled combustion of scrap tires in combination with
another fuel, but does not include any solid waste incineration or energy
recovery facility that is designed, constructed, and used for the primary
purpose of incinerating mixed municipal solid wastes and that burns scrap tires
in conjunction with mixed municipal solid wastes, or any tire retreading
business, tire manufacturing finishing center, or tire adjustment center having
on the premises of the business a single, covered scrap tire storage area at
which not more than four thousand scrap tires are stored.
(EE) "Scrap tire storage facility" means any facility where whole
scrap tires are stored prior to their transportation to a scrap tire monocell,
monofill, or recovery facility licensed under section (FF) "Used oil" means any oil that has been refined from crude oil,
or any synthetic oil, that has been used and, as a result of that use, is
contaminated by physical or chemical impurities. "Used oil" includes
only those substances identified as used oil by the United States environmental
protection agency under the "Used Oil Recycling Act of 1980," 94 Stat.
2055, 42 U.S.C.A. 6901a, as amended.
HISTORY: 132 v H 623 (Eff 12-14-67); 134 v S 397 (Eff 10-23-72); 137 v S
266 (Eff 3-19-79); 138 v S 269 (Eff 10-9-80); 140 v H 291 (Eff 7-1-83); 140 v H
506 (Eff 8-1-84); 142 v S 243 (Eff 8-10-88); 142 v H 592 ( Eff 6-24-88); 143 v H
656 (Eff 4-18-90); 145 v S 165 (Eff 10-29-93); 146 v H 106 (Eff 3-5-96)* ; 147 v
S 153. Eff 9-30-98.
* RC §
© Copyright 2000
Containing legislation passed and filed through August 1, 2000.