§ 17-81. Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Disposal means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any hazardous waste, or other toxic material, into or on any land or water so that such waste, other toxic material, or any constituent thereof, may enter the environment, be emitted into the air, or discharged into any waters, including groundwaters; or the incineration of any hazardous waste or other toxic material so that such waste, or other hazardous material, is emitted into the air.

Hazardous waste means any waste, or combination of wastes, which because of its quantity, concentration, physical, chemical, or infectious characteristics may:

(1)

Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or

(2)

Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

Such definition shall be applied only to those wastes identified and designated as such by the state department of natural resources, consistent with applicable federal laws and regulations.

Manifest means the system and forms used for identifying the quantity, composition, origin, routing, and destination of PCBs, hazardous wastes, or other toxic material, during its transportation from the point of generation to any point of disposal, treatment, or storage.

Pollution source means the site or location of a discharge or potential discharge, including such surrounding property necessary to secure or quarantine the area from access by the general public.

Polychlorinated biphenyls (PCB and PCBs) mean, for the purpose of this division, any chemical substance that is limited to the biphenyl molecule that has been chlorinated to varying degrees, or any combination of substances which contain such substances. The terms refer to any chemical substances and combinations of substances that contain greater than 50 PPM (on a dry weight basis) or greater of PCBs and any container, piece of electrical equipment, item, or other device or material which either deliberately or unintentionally contains, includes as a part of it, or had been in direct contact with any PCB or substances and combination of substances that contain less than 50 PPM PCBs because of any dilution, shall be included as PCB and PCBs. Substances that are regulated by this division include but are not limited to dielectric fluids, contaminated solvents, oils, waste oils, heat transfer fluids, hydraulic fluids, paints, sludge slurries, dredge spoils, soils, materials contaminated as a result of spills, other chemical substances, or combinations of substances including impurities and byproducts, capacitors, transformers, contaminated containers, and any other contaminated item, device or material.

Processing, treatment, or disposal facility means any facility or location where any treatment, incineration, processing, or deposition of hazardous wastes or toxic wastes occurs or is contained.

Reusable material means any material which is destined for reuse or reprocessing, but which because of quantity, concentration, physical, chemical, or infectious characteristics may:

(1)

Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or

(2)

Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed and which has been designated by the state department of environmental quality and/or the state department of natural resources, as requiring special handling and tracking due to its hazardous characteristics and the danger caused by improper handling.

Storage means the containment of hazardous waste or other toxic material on a temporary basis for such time as may be permitted by regulations, in such a manner as not to constitute disposal of such hazardous waste or other toxic material.

Toxic material means any waste which would otherwise fall within the definition of hazardous waste, but has not been so designated by the state department of environmental quality and/or the state department of natural resources.

Transportation means the movement of hazardous wastes or other toxic material from the point of generation or storage to the point of treatment, storage, or disposal by means of commercial or private transport. The term does not apply to the movement of hazardous wastes or other toxic wastes on the premises of a hazardous waste or toxic waste generator or on the premises of permitted hazardous waste or toxic waste treatment, storage, or disposal facility.

Treatment means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste or other toxic material so as to neutralize such waste or render it nonhazardous, or nontoxic, safer for transport, amenable for recovery or storage, or reduced in volume. The term includes any activity or processing designed to change the physical form or chemical composition of hazardous waste or other toxic material to render it nonhazardous or nontoxic.

Waste means any material for which no use or reuse is intended and which is to be discarded.

(Code 1969, § 10-61)

Cross reference

Definitions and rules of construction generally, § 1-2.