38 §2301. Definitions (WHOLE SECTION TEXT EFFECTIVE UNTIL 7/1/12)

Title 38: WATERS AND NAVIGATION

Chapter 26: TOXICS USE AND HAZARDOUS WASTE REDUCTION HEADING: PL 1989, C. 929, §7 (NEW)

§2301. Definitions

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

(WHOLE SECTION TEXT EFFECTIVE UNTIL 7/1/12)

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [1989, c. 929, §7 (NEW).]

1. Commercial hazardous waste facility. "Commercial hazardous waste facility" has the same meaning as in section 1303-C, subsection 4.

[ 1989, c. 929, §7 (NEW) .]

2. Cross-media pollution. "Cross-media pollution" means pollution that has an impact on or degrades more than one environmental resource.

[ 1989, c. 929, §7 (NEW) .]

3. Disposal. "Disposal" has the same meaning as in section 1303-C, subsection 12.

[ 1989, c. 929, §7 (NEW) .]

4. Extremely hazardous substance. "Extremely hazardous substance" has the same meaning set forth in the SARA, Title III, Section 302, and listed in 40 Code of Federal Regulations, Part 355.

[ 1989, c. 929, §7 (NEW) .]

5. Facility. "Facility" means the place of business or site where toxics are used, toxics are released or hazardous waste is generated.

[ 1989, c. 929, §7 (NEW) .]

6. Generation. "Generation" has the same meaning as in section 1303-C, subsection 13.

[ 1989, c. 929, §7 (NEW) .]

7. Generator. "Generator" means the owner or operator of a facility that generates hazardous waste.

[ 1991, c. 520, §6 (AMD) .]

8. Hazardous waste. "Hazardous waste" means those wastes determined by the Board of Environmental Protection to be hazardous pursuant to section 1319-O, subsection 1.

[ 1989, c. 929, §7 (NEW) .]

9. Manifest. "Manifest" has the same meaning as in section 1303-C, subsection 19.

[ 1989, c. 929, §7 (NEW) .]

10. Pilot plant or pilot production unit. "Pilot plant or pilot production unit" means a small scale model or a temporary change in the production process undertaken to test or develop a new technology.

[ 1989, c. 929, §7 (NEW) .]

11. Practicable. "Practicable" means available and capable of accomplishment after taking into consideration the existing state of technology and economic feasibility for the facility involved.

[ 1989, c. 929, §7 (NEW) .]

11-A. Product. "Product" means an output of a production process or a quantifiable service by a facility.

[ 1991, c. 520, §7 (NEW) .]

12. Production unit. "Production unit" means a process, line, method, activity or technique, or a combination or series thereof, used to produce a product.

[ 1991, c. 520, §8 (RPR) .]

13. Recycle. "Recycle" has the same meaning as in section 1303-C, subsection 21.

[ 1989, c. 929, §7 (NEW) .]

14. SARA. "SARA" means the Superfund Amendments and Reauthorization Act of 1986, Public Law 99-499.

[ 1989, c. 929, §7 (NEW) .]

15. Storage. "Storage" has the same meaning as in section 1303-C, subsection 36.

[ 1989, c. 929, §7 (NEW) .]

16. Toxic substance or toxics. "Toxic substance" or "toxics" means any substance in a gaseous, liquid or solid state listed pursuant to the SARA, Title III, Section 313, and listed in 40 Code of Federal Regulations, Part 372.65 and any extremely hazardous substance as listed in 40 Code of Federal Regulations, Part 355.

[ 1991, c. 520, §9 (AMD) .]

17. Toxics releaser. "Toxics releaser" means an owner or operator of a facility that is required to report under the SARA, Title III, Section 313.

[ 1989, c. 929, §7 (NEW) .]

18. Toxics use reduction. "Toxics use reduction" means front-end substitution, product reformulation or in-plant changes in production processes or raw materials that reduce, avoid or eliminate the use of toxics or the generation of toxic by-products per unit of product to reduce risks to the health of workers, consumers or the environment, without shifting risks among workers, consumers or parts of the environment.

[ 1991, c. 520, §9 (AMD) .]

19. Toxics user. "Toxics user" means a person that is required to report the presence of extremely hazardous substances under the SARA, Title III, Section 312.

[ 1989, c. 929, §7 (NEW) .]

20. Treatment. "Treatment" has the same meaning as in section 1303-C, subsection 39.

[ 1989, c. 929, §7 (NEW) .]

21. Waste assessment. "Waste assessment" means a systematic planned procedure to identify ways to reduce or eliminate waste.

[ 1991, c. 520, §9 (AMD) .]

SECTION HISTORY

1989, c. 929, §7 (NEW). 1991, c. 520, §§6-9 (AMD). 2009, c. 579, Pt. A, §2 (RP). 2009, c. 579, Pt. A, §6 (AFF).