§ 130A-290. Definitions. - North Carolina Statutes

Article 9.

Solid Waste Management.

Part 1. Definitions.

§ 130A‑290. Definitions.

(a)        Unless a differentmeaning is required by the context, the following definitions shall applythroughout this Article:

(1)        "Affiliate"has the same meaning as in 17 Code of Federal Regulations § 240.12b‑2 (1April 1996 Edition).

(1a)      "Businessentity" has the same meaning as in G.S. 55‑1‑40(2a).

(1b)      "CERCLA/SARA"means the Comprehensive Environmental Response, Compensation, and Liability Actof 1980, Pub. L. No. 96‑510, 94 Stat. 2767, 42 U.S.C. § 9601 et seq., asamended, and the Superfund Amendments and Reauthorization Act of 1986, Pub. L.No. 99‑499, 100 Stat. 1613, as amended.

(1c)      "Chemical orportable toilet" means a self‑contained mobile toilet facility andholding tank and includes toilet facilities in recreational vehicles.

(1d)      "Chlorofluorocarbonrefrigerant" means any of the following when used as a liquid heattransfer agent in a mechanical refrigeration system: carbon tetrachloride,chlorofluorocarbons, halons, or methyl chloroform.

(2)        "Closure"means the cessation of operation of a solid waste management facility and theact of securing the facility so that it will pose no significant threat tohuman health or the environment.

(2a)      "Coal‑firedgenerating unit" means a coal‑fired generating unit, as defined by40 Code of Federal Regulations § 96.2 (1 July 2001 Edition), that is located inthis State and has the capacity to generate 25 or more megawatts ofelectricity.

(2b)      "Combustionproducts" means residuals, including fly ash, bottom ash, boiler slag,mill rejects, and flue gas desulfurization residue produced by a coal‑firedgenerating unit.

(2c)      "Combustionproducts landfill" means a facility or unit for the disposal of combustionproducts, where the landfill is located at the same facility with the coal‑firedgenerating unit or units producing the combustion products, and where thelandfill is located wholly or partly on top of a facility that is, or was,being used for the disposal or storage of such combustion products, including,but not limited to, landfills, wet and dry ash ponds, and structural fillfacilities.

(3)        "Commercial"when applied to a hazardous waste facility, means a hazardous waste facilitythat accepts hazardous waste from the general public or from another person fora fee.

(4)        "Construction"or "demolition" when used in connection with "waste" or"debris" means solid waste resulting solely from construction,remodeling, repair, or demolition operations on pavement, buildings, or otherstructures, but does not include inert debris, land‑clearing debris oryard debris.

(4a)      "Department"means the Department of Environment and Natural Resources.

(5)        Repealed by SessionLaws 1995 (Regular Session, 1996), c. 594, s. 1.

(6)        "Disposal"means the discharge, deposit, injection, dumping, spilling, leaking or placingof any solid waste into or on any land or water so that the solid waste or anyconstituent part of the solid waste may enter the environment or be emittedinto the air or discharged into any waters, including groundwaters.

(7)        "Garbage"means all putrescible wastes, including animal offal and carcasses, andrecognizable industrial by‑products, but excluding sewage and humanwaste.

(8)        "Hazardouswaste" means a solid waste, or combination of solid wastes, which becauseof its quantity, concentration or physical, chemical or infectiouscharacteristics may:

a.         Cause orsignificantly contribute to an increase in mortality or an increase in seriousirreversible or incapacitating reversible illness; or

b.         Pose a substantialpresent or potential hazard to human health or the environment when improperlytreated, stored, transported, disposed of or otherwise managed.

(8a)      "Hazardous wasteconstituent" has the same meaning as in 40 Code of Federal Regulations §260.10 (1 July 2006).

(9)        "Hazardouswaste facility" means a facility for the collection, storage, processing,treatment, recycling, recovery, or disposal of hazardous waste. Hazardous wastefacility does not include a hazardous waste transfer facility that meets therequirements of 40 Code of Federal Regulations § 263.12 (1 July 2006).

(10)      "Hazardous wastegeneration" means the act or process of producing hazardous waste.

(11)      "Hazardous wastedisposal facility" means any facility or any portion of a facility fordisposal of hazardous waste on or in land in accordance with rules adoptedunder this Article.

(12)      "Hazardous wastemanagement" means the systematic control of the collection, sourceseparation, storage, transportation, processing, treatment, recovery anddisposal of hazardous wastes.

(13)      "Hazardous wastemanagement program" means the program and activities within the Departmentpursuant to Part 2 of this Article, for hazardous waste management.

(13a)    "Hazardous wastetransfer facility" means a facility or location where a hazardous wastetransporter stores hazardous waste for a period of more than 24 hours but lessthan 10 days.

(13b)    "Industrial solidwaste" means solid waste generated by manufacturing or industrialprocesses that is not hazardous waste.

(14)      "Inertdebris" means solid waste which consists solely of material that isvirtually inert and that is likely to retain its physical and chemicalstructure under expected conditions of disposal.

(15)      "Land‑clearingdebris" means solid waste which is generated solely from land‑clearingactivities.

(16)      "Landfill"means a disposal facility or part of a disposal facility where waste is placedin or on land and which is not a land treatment facility, a surfaceimpoundment, an injection well, a hazardous waste long‑term storagefacility or a surface storage facility.

(17)      "Manifest"means the form used for identifying the quantity, composition and the origin,routing and destination of hazardous waste during its transportation from thepoint of generation to the point of disposal, treatment or storage.

(17a)    "Medicalwaste" means any solid waste which is generated in the diagnosis,treatment, or immunization of human beings or animals, in research pertainingthereto, or in the production or testing of biologicals, but does not includeany hazardous waste identified or listed pursuant to this Article, radioactivewaste, household waste as defined in 40 Code of Federal Regulations §261.4(b)(1) in effect on 1 July 1989, or those substances excluded from thedefinition of "solid waste" in this section.

(18)      "Motor vehicleoil filter" means a filter that removes impurities from the oil used tolubricate an internal combustion engine in a motor vehicle.

(18a)    "Municipal solidwaste" means any solid waste resulting from the operation of residential,commercial, industrial, governmental, or institutional establishments thatwould normally be collected, processed, and disposed of through a public orprivate solid waste management service. Municipal solid waste does not includehazardous waste, sludge, industrial waste managed in a solid waste managementfacility owned and operated by the generator of the industrial waste formanagement of that waste, or solid waste from mining or agricultural operations.

(18b)    "Municipal solidwaste management facility" means any publicly or privately owned solidwaste management facility permitted by the Department that receives municipalsolid waste for processing, treatment, or disposal.

(19)      "Naturalresources" means all materials which have useful physical or chemicalproperties which exist, unused, in nature.

(20)      "Open dump"means any facility or site where solid waste is disposed of that is not asanitary landfill and that is not a facility for the disposal of hazardouswaste.

(21)      "Operator"means any person, including the owner, who is principally engaged in, and is incharge of, the actual operation, supervision, and maintenance of a solid wastemanagement facility and includes the person in charge of a shift or periods ofoperation during any part of the day.

(21a)    "Parent" hasthe same meaning as in 17 Code of Federal Regulations § 240.12b‑2 (1April 1996 Edition).

(22)      "Person"means an individual, corporation, company, association, partnership, unit oflocal government, State agency, federal agency or other legal entity.

(22a)    "Pre‑1983landfill" means any land area, whether publicly or privately owned, onwhich municipal solid waste disposal occurred prior to 1 January 1983 but notthereafter, but does not include any landfill used primarily for the disposalof industrial solid waste.

(23)      "Processing"means any technique designed to change the physical, chemical, or biologicalcharacter or composition of any solid waste so as to render it safe fortransport; amenable to recovery, storage or recycling; safe for disposal; orreduced in volume or concentration.

(24)      "Recoveredmaterial" means a material that has known recycling potential, can befeasibly recycled, and has been diverted or removed from the solid waste streamfor sale, use, or reuse. In order to qualify as a recovered material, amaterial must meet the requirements of G.S. 130A‑309.05(c).

(25)      "RCRA"means the Resource Conservation and Recovery Act of 1976, Pub. L. 94‑580,90 Stat. 2795, 42 U.S.C. § 6901 et seq., as amended.

(26)      "Recyclablematerial" means those materials which are capable of being recycled andwhich would otherwise be processed or disposed of as solid waste.

(27)      "Recycling"means any process by which solid waste, or materials which would otherwisebecome solid waste, are collected, separated, or processed, and reused orreturned to use in the form of raw materials or products.

(28)      "Refuse"means all nonputrescible waste.

(28a)    "Refuse‑derivedfuel" means fuel that consists of municipal solid waste from whichrecyclable and noncombustible materials are removed so that the remainingmaterial is used for energy production.

(29)      "Resourcerecovery" means the process of obtaining material or energy resources fromdiscarded solid waste which no longer has any useful life in its present formand preparing the solid waste for recycling.

(30)      "Reuse"means a process by which resources are reused or rendered usable.

(31)      "Sanitarylandfill" means a facility for disposal of solid waste on land in asanitary manner in accordance with the rules concerning sanitary landfillsadopted under this Article.

(31a)    "Secretary"means the Secretary of Environment and Natural Resources.

(32)      "Septage"means solid waste that is a fluid mixture of untreated and partially treatedsewage solids, liquids, and sludge of human or domestic origin which is removedfrom a wastewater system. The term septage includes the following:

a.         Domestic septage,which is either liquid or solid material removed from a septic tank, cesspool,portable toilet, Type III marine sanitation device, or similar treatment worksreceiving only domestic sewage. Domestic septage does not include liquid orsolid material removed from a septic tank, cesspool, or similar treatment worksreceiving either commercial wastewater or industrial wastewater and does notinclude grease removed from a grease trap at a restaurant.

b.         Domestic treatmentplant septage, which is solid, semisolid, or liquid residue generated duringthe treatment of domestic sewage in a treatment works where the designeddisposal is subsurface. Domestic treatment plant septage includes, but is notlimited to, scum or solids removed in primary, secondary, or advancedwastewater treatment processes and a material derived from domestic treatmentplant septage. Domestic treatment plant septage does not include ash generatedduring the firing of domestic treatment plant septage in an incinerator or gritand screenings generated during preliminary treatment of domestic sewage in atreatment works.

c.         Grease septage,which is material pumped from grease interceptors, separators, traps, or otherappurtenances used for the purpose of removing cooking oils, fats, grease, andfood debris from the waste flow generated from food handling, preparation, andcleanup.

d.         Industrial orcommercial septage, which is material pumped from septic tanks or other devicesused in the collection, pretreatment, or treatment of any water‑carriedwaste resulting from any process of industry, manufacture, trade, or businesswhere the design disposal of the wastewater is subsurface. Domestic septagemixed with any industrial or commercial septage is considered industrial orcommercial septage.

e.         Industrial orcommercial treatment plant septage, which is solid, semisolid, or liquidresidue generated during the treatment of sewage that contains any wasteresulting from any process of industry, manufacture, trade, or business in atreatment works where the designed disposal is subsurface. Industrial orcommercial treatment plant septage includes, but is not limited to, scum orsolids removed in primary, secondary, or advanced wastewater treatmentprocesses and a material derived from domestic treatment plant septage.Industrial or commercial treatment plant septage does not include ash generatedduring the firing of industrial or commercial treatment plant septage in anincinerator or grit and screenings generated during preliminary treatment ofdomestic sewage in a treatment works.

(33)      "Septagemanagement firm" means a person engaged in the business of pumping,transporting, storing, treating or disposing septage. The term does not includepublic or community wastewater systems that treat or dispose septage.

(34)      "Sludge"means any solid, semisolid or liquid waste generated from a municipal,commercial, institutional or industrial wastewater treatment plant, watersupply treatment plant or air pollution control facility, or any other wastehaving similar characteristics and effects.

(35)      "Solidwaste" means any hazardous or nonhazardous garbage, refuse or sludge froma waste treatment plant, water supply treatment plant or air pollution controlfacility, domestic sewage and sludges generated by the treatment thereof insanitary sewage collection, treatment and disposal systems, and other materialthat is either discarded or is being accumulated, stored or treated prior tobeing discarded, or has served its original intended use and is generallydiscarded, including solid, liquid, semisolid or contained gaseous material resultingfrom industrial, institutional, commercial and agricultural operations, andfrom community activities. The term does not include:

a.         Fecal waste fromfowls and animals other than humans.

b.         Solid or dissolvedmaterial in:

1.         Domestic sewage andsludges generated by treatment thereof in sanitary sewage collection, treatmentand disposal systems which are designed to discharge effluents to the surfacewaters.

2.         Irrigation returnflows.

3.         Wastewaterdischarges and the sludges incidental to and generated by treatment which arepoint sources subject to permits granted under Section 402 of the WaterPollution Control Act, as amended (P.L. 92‑500), and permits grantedunder G.S. 143‑215.1 by the Environmental Management Commission. However,any sludges that meet the criteria for hazardous waste under RCRA shall also bea solid waste for the purposes of this Article.

c.         Oils and otherliquid hydrocarbons controlled under Article 21A of Chapter 143 of the GeneralStatutes. However, any oils or other liquid hydrocarbons that meet the criteriafor hazardous waste under RCRA shall also be a solid waste for the purposes ofthis Article.

d.         Any source, specialnuclear or byproduct material as defined by the Atomic Energy Act of 1954, asamended (42 U.S.C. § 2011).

e.         Mining refusecovered by the North Carolina Mining Act, G.S. 74‑46 through 74‑68and regulated by the North Carolina Mining Commission (as defined under G.S.143B‑290). However, any specific mining waste that meets the criteria forhazardous waste under RCRA shall also be a solid waste for the purposes of thisArticle.

f.          Recovered material.

(36)      "Solid wastedisposal site" means any place at which solid wastes are disposed of byincineration, sanitary landfill or any other method.

(37)      "Solid waste generation"means the act or process of producing solid waste.

(38)      "Solid wastemanagement" means purposeful, systematic control of the generation,storage, collection, transport, separation, treatment, processing, recycling,recovery and disposal of solid waste.

(39)      "Solid wastemanagement facility" means land, personnel and equipment used in themanagement of solid waste.

(40)      "Specialwastes" means solid wastes that can require special handling andmanagement, including white goods, whole tires, used oil, lead‑acidbatteries, and medical wastes.

(41)      "Storage"means the containment of solid waste, either on a temporary basis or for aperiod of years, in a manner which does not constitute disposal.

(41a)    "Subsidiary"has the same meaning as in 17 Code of Federal Regulations § 240.12b‑2 (1April 1996 Edition).

(41b)    "Tire‑derivedfuel" means a form of fuel derived from scrap tires.

(42)      "Treatment"means any method, technique or process, including neutralization, designed tochange the physical, chemical or biological character or composition of anyhazardous waste so as to neutralize such waste or so as to render such wastenonhazardous, safer for transport, amenable for recovery, amenable for storageor reduced in volume. "Treatment" includes any activity or processingdesigned to change the physical form or chemical composition of hazardous wasteso as to render it nonhazardous.

(43)      "Unit of localgovernment" means a county, city, town or incorporated village.

(44)      "Whitegoods" includes refrigerators, ranges, water heaters, freezers, unit airconditioners, washing machines, dishwashers, clothes dryers, and other similardomestic and commercial large appliances.

(44a)    "Woodenpallet" means a wooden object consisting of a flat or horizontal deck orplatform supported by structural components that is used as a base forassembling, stacking, handling, and transporting goods.

(45)      "Yardtrash" means solid waste consisting solely of vegetative matter resultingfrom landscaping maintenance.

(b)        Unless a different meaningis required by the context, the following definitions shall apply throughoutG.S. 130A‑309.15 through G.S. 130A‑309.24:

(1)        "Public usedoil collection center" means:

a.         Automotive servicefacilities or governmentally sponsored collection facilities, which in thecourse of business accept for disposal small quantities of used oil fromhouseholds; and

b.         Facilities whichstore used oil in aboveground tanks, which are approved by the Department, andwhich in the course of business accept for disposal small quantities of usedoil from households.

(2)        "Reclaiming"means the use of methods, other than those used in rerefining, to purify usedoil primarily to remove insoluble contaminants, making the oil suitable forfurther use; the methods may include settling, heating, dehydration,filtration, or centrifuging.

(3)        "Recycling"means to prepare used oil for reuse as a petroleum product by rerefining,reclaiming, reprocessing, or other means or to use used oil in a manner thatsubstitutes for a petroleum product made from new oil.

(4)        "Rerefining"means the use of refining processes on used oil to produce high‑qualitybase stocks for lubricants or other petroleum products. Rerefining may includedistillation, hydrotreating, or treatments employing acid, caustic, solvent,clay, or other chemicals, or other physical treatments other than those used inreclaiming.

(5)        "Used oil"means any oil which has been refined from crude oil or synthetic oil and, as aresult of use, storage, or handling, has become unsuitable for its originalpurpose due to the presence of impurities or loss of original properties, butwhich may be suitable for further use and is economically recyclable.

(6)        "Used oilrecycling facility" means any facility that recycles more than 10,000 gallonsof used oil annually. (1969, c. 899; 1975, c. 311, s. 2; 1977, 2nd Sess., c. 1216; 1979, c.464, s. 1; 1981, c. 704, s. 4; 1983, c. 795, ss. 1, 8.1; c. 891, s. 2; 1983(Reg. Sess., 1984), c. 973, s. 2; 1985, c. 738, s. 1; 1987, c. 574, s. 1; 1987(Reg. Sess., 1988), c. 1020, s. 1; c. 1058, s. 1; 1989, c. 168, s. 11; c. 742,s. 5; c. 784, s. 1; 1991, c. 342, s. 7; c. 621, s. 1; 1991 (Reg. Sess., 1992),c. 1013, s. 7; 1993, c. 173, ss. 1‑3; c. 471, ss. 1, 2; 1995 (Reg. Sess.,1996), c. 594, ss. 1‑5; 1997‑27, s. 1; 1997‑330, s. 3; 1997‑443,s. 11A.81; 2005‑362, s. 1; 2007‑107, ss. 1.1(c), 1.8(a), (b); 2007‑550,ss. 7(a), 12(a), (b).)