§ 72-0401. Definitions.

When used in this title:

1. "Characteristic hazardous waste" means a waste which satisfies the
characteristics promulgated by the commissioner pursuant to title nine
of article twenty-seven of this chapter and is not listed hazardous
waste as defined in subdivision ten of this section.

2. "Disposal" means the abandonment, discharge, deposit, injection,
dumping, spilling, leaking or placing of any substance so that such
substance or any related constituent thereof may enter the environment.
Disposal also means the thermal destruction of waste or hazardous waste
and the burning of such wastes as fuel for the purpose of recovering
useable energy.

3. "Facility operator" means the person who is responsible for the
operation of a treatment, storage or disposal facility as defined in
subdivision sixteen of this section.

4. "Facility owner" means the person who owns a facility or part of a
facility.

5. "Generator" means any person, by site, whose act or process
produces hazardous waste or whose act first causes a hazardous waste to
become subject to regulation.

6. "Hazardous waste" means a waste identified or listed as hazardous
pursuant to title nine of article twenty-seven of this chapter.

7. "Hazardous waste generation" means the act or process of producing
hazardous waste.

8. "Incinerator" means an enclosed device using controlled flame
combustion, the primary purpose of which is to thermally break down
solid, liquid, or gaseous combustible hazardous wastes, producing
residue that contains little or no combustible materials.

9. "Landfill" means a disposal facility or part of a facility where
solid waste, including hazardous waste, is placed in or on land, and
which is not a land treatment facility, a surface impoundment, or an
injection well.

10. "Listed hazardous waste" means a waste which appears on the list
promulgated by the commissioner pursuant to title nine of article
twenty-seven of this chapter.

11. "Person" means an individual, trust, firm, joint stock company,
corporation (including a government corporation), partnership,
association, state, federal government and any agency thereof,
municipality, commission, political subdivision of a state, or any
interstate body.

12. "State hazardous waste program" means those activities of the
department as specified in titles three, seven, nine, and eleven of
article twenty-seven of this chapter related to hazardous waste and any
related enforcement activities.

13. "Storage" means the containment of hazardous waste, either on a
temporary basis or for a period of years, in such a manner as not to
constitute disposal of such hazardous waste.

14. "Surface impoundment" or "impoundment" means a facility or part of
a facility which is a natural topographical depression, man-made
excavation, or diked area formed primarily of earthen materials
(although it may be lined with man-made materials), which is designed to
hold an accumulation of solid waste in semi-solid or liquid form, and
which is not an injection well.

15. "Treatment" means any method, technique, or process, including
neutralization, designed to change the physical, chemical or biological
character or composition of any hazardous waste so as to neutralize such
waste or as to render such waste nonhazardous, safer for transport,
amenable for recovery, amenable for storage, or reduced in volume.

16. "Treatment, storage or disposal facility" or "facility" means all
contiguous land and structures, other appurtenances and improvements on
the land, used for treating, storage or disposing of hazardous waste. A
facility may consist of several treatment, storage or disposal
operational units. For purposes of this title, a facility subject to
regulation under section 307(b) of the Clean Water Act shall not be
assessed a separate fee for the pre-treatment of hazardous wastes.

17. "Environment" means any water, water vapor, any land including
land surface or subsurface, air, fish, wildlife, biota and all other
natural resources.

19. "Wastewater" means liquid waste that contains:

a. a minimum of ninety-five percent water by weight, and

b. a maximum of one percent by weight of total organic carbon, and

c. a maximum of one percent by weight of total suspended solids (i.e.,
total filterable solids).