8-6-203. Definitions.

8-6-203. Definitions. As used in this subchapter: (1) “Disposal site” means any place at which solid waste is dumped, abandoned, or accepted or disposed of for final disposition by incineration, landfilling, composting, or any other method; (2)(A) “Hazardous waste” means any waste or combination of wastes of a solid, liquid, contained gaseous, or semisolid form that, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may in the judgment of the Division of Environmental Quality: (i) Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or (ii) Pose a substantial present or potential hazard to human health or the environment if improperly treated, stored, transported, or disposed of, or otherwise improperly managed. (B) “Hazardous waste” includes without limitation waste that: (i) Is radioactive; (ii) Is toxic; (iii) Is corrosive; (iv) Is flammable; (v) Is an irritant or a strong sensitizer; or (vi) Generates pressure through decomposition, heat, or other means; (3) “Household” means a single or multiple residence, hotel or motel, bunkhouse, ranger station, crew quarters, campground, picnic ground, and day-use recreation area; (4)(A) “Household hazardous waste” means any hazardous waste derived from a household that is no longer under the control of the household. (B) “Household hazardous waste” includes without limitation: (i) Household cleaners; (ii) Gasoline; (iii) Paint, paint strippers, and paint thinners; (iv) Motor oil; and (v) Herbicides and pesticides, excluding antimicrobial and disinfectant products; (5)(A) “Household hazardous waste storage or processing center” means a facility that stores, accumulates, or processes household hazardous waste. (B) “Household hazardous waste storage or processing center” does not include: (i) Hazardous waste treatment, storage, and disposal facilities permitted by the division under the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq.; (ii) Facilities with an agriculture exemption under § 8-6-2019; or (iii) De minimis amounts of household hazardous waste that have not been removed from the municipal solid waste stream; (6) “Municipality” means a city of the first class, a city of the second class, or an incorporated town; (7) “Person” means any individual, corporation, company, firm, partnership, association, trust, state agency, government instrumentality or agency, institution, county, city, town, municipal authority or trust, venture, or other legal entity, however organized; (8)(A) “Pesticide” means a substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest or for use as a plant regulator, defoliant, or desiccant. (B) “Pesticide” does not include: (i) A new animal drug as defined in 21 U.S.C. § 321(v); (ii) An animal drug that has been determined by regulation of the Secretary of the United States Department of Health and Human Services not to be a new animal drug; or (iii) An animal feed as defined in 21 U.S.C. § 321(w); (9) “Solid waste” means any garbage or refuse, sludge from a wastewater treatment plant, water supply treatment plant, or air pollution control facility, and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include solid or dissolved materials in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permit under 33 U.S.C. § 1342, or source, special nuclear, or by-products material as defined by the Atomic Energy Act of 1954, 42 U.S.C. § 2011 et seq.; (10) “Solid waste board” or “board” means a regional solid waste management board or a solid waste service area board, or its successor, created under § 8-6-701 et seq.; (11) “Solid waste management system” means the entire process of source reduction, storage, collection, transportation, processing, waste minimization, recycling, and disposal of solid wastes by any person engaging in the process as a business or by any municipality, authority, trust, county, or by any combination of a municipality, authority, trust, or county; and (12) “Transfer station” means a facility that is used to manage the removal, compaction, and transfer of solid waste from collection vehicles and other small vehicles to greater capacity transport vehicles.