455B.411 - DEFINITIONS.
455B.411 DEFINITIONS. As used in this part 5, unless the context otherwise requires: 1. "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or placing of a hazardous waste or hazardous substance into or on land or water so that the hazardous waste or hazardous substance or a constituent of the hazardous waste or hazardous substance may enter the environment or be emitted into the air or discharged into any waters, including groundwaters. 2. "Hazardous substance" means a hazardous substance as defined in 42 U.S.C. § 9601 of the federal Comprehensive Environmental Response, Compensation, and Liability Act and any element, compound, mixture, solution, or substance designated pursuant to 40 C.F.R. § 302.4. 3. a. "Hazardous waste" means a waste or combination of wastes that, because of its quantity, concentration, biological degradation, leaching from precipitation, or physical, chemical, or infectious characteristics, has either of the following effects: (1) Causes, or significantly contributes to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness. (2) Poses a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed. "Hazardous waste" may include but is not limited to wastes that are toxic, corrosive or flammable or irritants, strong sensitizers or explosives. b. "Hazardous waste" does not include: (1) Agricultural wastes, including manures and crop residues that are returned to the soil as fertilizers or soil conditioners. (2) Source, special nuclear, or by-product material as defined in the Atomic Energy Act of 1954, as amended to January 1, 1979. 4. "Hazardous waste or hazardous substance disposal site" means real property which has been used for the disposal of hazardous waste or hazardous substances either illegally or prior to regulation as a hazardous waste or a hazardous substance under this part and any adjoining real property and groundwater affected by the disposal activities. 5. "Lubricating oil" means the fraction of crude oil or re-refined oil which is sold for purposes of reducing friction in an industrial or mechanical device. 6. "Manifest" means the form used for identifying the quantity, composition, and the origin, routing, and destination of hazardous waste during its transportation from the point of generation to the point of disposal, treatment or storage. 7. "Recycled oil" means used oil which is reused, following its original use, for any purpose, including the purpose for which the oil was originally used. Recycled oil includes oil which is refined, reclaimed, burned, or reprocessed. 8. "Re-refined oil" means used oil from which the physical and chemical contaminants acquired through previous use have been removed through a refining process. 9. "Storage" means the containment of a hazardous waste, either on a temporary basis or for a period of years, in a manner that does not constitute disposal of the hazardous waste. 10. "Treatment" means a method, technique, or process, including neutralization, designed to change the physical, chemical or biological character or composition of a hazardous waste so as to neutralize the waste or to render the waste nonhazardous, safer for transport, amenable for recovery, amenable for storage, or to reduce the waste in volume. Treatment includes any activity or processing designed to change the physical form or chemical composition of hazardous waste to render the waste nonhazardous. 11. "Used oil" means oil which has been refined from crude oil, has then been used, and as a result of the use, is contaminated by physical or chemical impurities.
Section History: Early Form [C81, § 455B.130; 81 Acts, ch 151, § 1]
Section History: Recent Form C83, § 455B.411 84 Acts, ch 1108, § 8; 84 Acts, ch 1157, § 1; 84 Acts, ch 1158, § 2; 86 Acts, ch 1025, § 2, 3; 91 Acts, ch 155, § 2 Referred to in § 124C.1, 455B.191, 455B.301, 455B.304, 455B.381, 455B.413, 455B.414, 455B.415, 455B.416, 455B.417, 455B.418, 455B.419, 455B.420, 455B.442, 455B.461, 455B.482, 455B.751, 455F.1, 558.69, 716B.1 Partial suspension and applicability of subsections 6, 9, and 10; 2000 Acts, ch 1073, § 1