260.200. Definitions.
Definitions.
260.200. 1. The following words and phrases when used in sections260.200 to 260.345 shall mean:
(1) "Alkaline-manganese battery" or "alkaline battery", a batteryhaving a manganese dioxide positive electrode, a zinc negative electrode,an alkaline electrolyte, including alkaline-manganese button cell batteriesintended for use in watches, calculators, and other electronic products,and larger-sized alkaline-manganese batteries in general household use;
(2) "Bioreactor", a municipal solid waste disposal area or portion ofa municipal solid waste disposal area where the controlled addition ofliquid waste or water accelerates both the decomposition of waste andlandfill gas generation;
(3) "Button cell battery" or "button cell", any smallalkaline-manganese or mercuric-oxide battery having the size and shape of abutton;
(4) "City", any incorporated city, town, or village;
(5) "Clean fill", uncontaminated soil, rock, sand, gravel, concrete,asphaltic concrete, cinderblocks, brick, minimal amounts of wood and metal,and inert solids as approved by rule or policy of the department for fill,reclamation or other beneficial use;
(6) "Closure", the permanent cessation of active disposal operations,abandonment of the disposal area, revocation of the permit or filling withwaste of all areas and volumes specified in the permit and preparing thearea for long-term care;
(7) "Closure plan", plans, designs and relevant data which specifythe methods and schedule by which the operator will complete or ceasedisposal operations, prepare the area for long-term care, and make the areasuitable for other uses, to achieve the purposes of sections 260.200 to260.345 and the regulations promulgated thereunder;
(8) "Conference, conciliation and persuasion", a process of verbal orwritten communications consisting of meetings, reports, correspondence ortelephone conferences between authorized representatives of the departmentand the alleged violator. The process shall, at a minimum, consist of oneoffer to meet with the alleged violator tendered by the department. Duringany such meeting, the department and the alleged violator shall negotiatein good faith to eliminate the alleged violation and shall attempt to agreeupon a plan to achieve compliance;
(9) "Construction and demolition waste", waste materials from theconstruction and demolition of residential, industrial, or commercialstructures, but shall not include materials defined as clean fill underthis section;
(10) "Demolition landfill", a solid waste disposal area used for thecontrolled disposal of demolition wastes, construction materials, brush,wood wastes, soil, rock, concrete and inert solids insoluble in water;
(11) "Department", the department of natural resources;
(12) "Director", the director of the department of natural resources;
(13) "District", a solid waste management district established undersection 260.305;
(14) "Financial assurance instrument", an instrument or instruments,including, but not limited to, cash or surety bond, letters of credit,corporate guarantee or secured trust fund, submitted by the applicant toensure proper closure and postclosure care and corrective action of a solidwaste disposal area in the event that the operator fails to correctlyperform closure and postclosure care and corrective action requirements,except that the financial test for the corporate guarantee shall not exceedone and one-half times the estimated cost of closure and postclosure. Theform and content of the financial assurance instrument shall meet or exceedthe requirements of the department. The instrument shall be reviewed andapproved or disapproved by the attorney general;
(15) "Flood area", any area inundated by the one hundred year floodevent, or the flood event with a one percent chance of occurring in anygiven year;
(16) "Household consumer", an individual who generates used motor oilthrough the maintenance of the individual's personal motor vehicle, vessel,airplane, or other machinery powered by an internal combustion engine;
(17) "Household consumer used motor oil collection center", any siteor facility that accepts or aggregates and stores used motor oil collectedonly from household consumers or farmers who generate an average oftwenty-five gallons per month or less of used motor oil in a calendar year.This section shall not preclude a commercial generator from operating ahousehold consumer used motor oil collection center;
(18) "Household consumer used motor oil collection system", any usedmotor oil collection center at publicly owned facilities or privatelocations, any curbside collection of household consumer used motor oil, orany other household consumer used motor oil collection program determinedby the department to further the purposes of sections 260.200 to 260.345;
(19) "Infectious waste", waste in quantities and characteristics asdetermined by the department by rule, including isolation wastes, culturesand stocks of etiologic agents, blood and blood products, pathologicalwastes, other wastes from surgery and autopsy, contaminated laboratorywastes, sharps, dialysis unit wastes, discarded biologicals known orsuspected to be infectious; provided, however, that infectious waste doesnot mean waste treated to department specifications;
(20) "Lead-acid battery", a battery designed to contain lead andsulfuric acid with a nominal voltage of at least six volts and of the typeintended for use in motor vehicles and watercraft;
(21) "Major appliance", clothes washers and dryers, water heaters,trash compactors, dishwashers, conventional ovens, ranges, stoves,woodstoves, air conditioners, refrigerators and freezers;
(22) "Mercuric-oxide battery" or "mercury battery", a battery havinga mercuric-oxide positive electrode, a zinc negative electrode, and analkaline electrolyte, including mercuric-oxide button cell batteriesgenerally intended for use in hearing aids and larger size mercuric-oxidebatteries used primarily in medical equipment;
(23) "Minor violation", a violation which possesses a small potentialto harm the environment or human health or cause pollution, was notknowingly committed, and is not defined by the United States EnvironmentalProtection Agency as other than minor;
(24) "Motor oil", any oil intended for use in a motor vehicle, asdefined in section 301.010, RSMo, train, vessel, airplane, heavy equipment,or other machinery powered by an internal combustion engine;
(25) "Motor vehicle", as defined in section 301.010, RSMo;
(26) "Operator" and "permittee", anyone so designated, and shallinclude cities, counties, other political subdivisions, authority, stateagency or institution, or federal agency or institution;
(27) "Permit modification", any permit issued by the department whichalters or modifies the provisions of an existing permit previously issuedby the department;
(28) "Person", any individual, partnership, corporation, association,institution, city, county, other political subdivision, authority, stateagency or institution, or federal agency or institution;
(29) "Plasma arc technology", a process that converts electricalenergy into thermal energy. This electric arc is created when an ionizedgas transfers electric power between two or more electrodes;
(30) "Postclosure plan", plans, designs and relevant data whichspecify the methods and schedule by which the operator shall performnecessary monitoring and care for the area after closure to achieve thepurposes of sections 260.200 to 260.345 and the regulations promulgatedthereunder;
(31) "Recovered materials", those materials which have been divertedor removed from the solid waste stream for sale, use, reuse or recycling,whether or not they require subsequent separation and processing;
(32) "Recycled content", the proportion of fiber in a newspaper whichis derived from postconsumer waste;
(33) "Recycling", the separation and reuse of materials which mightotherwise be disposed of as solid waste;
(34) "Resource recovery", a process by which recyclable andrecoverable material is removed from the waste stream to the greatestextent possible, as determined by the department and pursuant to departmentstandards, for reuse or remanufacture;
(35) "Resource recovery facility", a facility in which recyclable andrecoverable material is removed from the waste stream to the greatestextent possible, as determined by the department and pursuant to departmentstandards, for reuse or remanufacture;
(36) "Sanitary landfill", a solid waste disposal area which acceptscommercial and residential solid waste;
(37) "Scrap tire", a tire that is no longer suitable for its originalintended purpose because of wear, damage, or defect;
(38) "Scrap tire collection center", a site where scrap tires arecollected prior to being offered for recycling or processing and wherefewer than five hundred tires are kept on site on any given day;
(39) "Scrap tire end-user facility", a site where scrap tires areused as a fuel or fuel supplement or converted into a useable product.Baled or compressed tires used in structures, or used at recreationalfacilities, or used for flood or erosion control shall be considered an enduse;
(40) "Scrap tire generator", a person who sells tires at retail orany other person, firm, corporation, or government entity that generatesscrap tires;
(41) "Scrap tire processing facility", a site where tires are reducedin volume by shredding, cutting, or chipping or otherwise altered tofacilitate recycling, resource recovery, or disposal;
(42) "Scrap tire site", a site at which five hundred or more scraptires are accumulated, but not including a site owned or operated by ascrap tire end-user that burns scrap tires for the generation of energy orconverts scrap tires to a useful product;
(43) "Solid waste", garbage, refuse and other discarded materialsincluding, but not limited to, solid and semisolid waste materialsresulting from industrial, commercial, agricultural, governmental anddomestic activities, but does not include hazardous waste as defined insections 260.360 to 260.432, recovered materials, overburden, rock,tailings, matte, slag or other waste material resulting from mining,milling or smelting;
(44) "Solid waste disposal area", any area used for the disposal ofsolid waste from more than one residential premises, or one or morecommercial, industrial, manufacturing, recreational, or governmentaloperations;
(45) "Solid waste fee", a fee imposed pursuant to sections 260.200 to260.345 and may be:
(a) A solid waste collection fee imposed at the point of wastecollection; or
(b) A solid waste disposal fee imposed at the disposal site;
(46) "Solid waste management area", a solid waste disposal area whichalso includes one or more of the functions contained in the definitions ofrecycling, resource recovery facility, waste tire collection center, wastetire processing facility, waste tire site or solid waste processingfacility, excluding incineration;
(47) "Solid waste management system", the entire process of managingsolid waste in a manner which minimizes the generation and subsequentdisposal of solid waste, including waste reduction, source separation,collection, storage, transportation, recycling, resource recovery, volumeminimization, processing, market development, and disposal of solid wastes;
(48) "Solid waste processing facility", any facility where solidwastes are salvaged and processed, including:
(a) A transfer station; or
(b) An incinerator which operates with or without energy recovery butexcluding waste tire end-user facilities; or
(c) A material recovery facility which operates with or withoutcomposting;
(d) A plasma arc technology facility;
(49) "Solid waste technician", an individual who has successfullycompleted training in the practical aspects of the design, operation andmaintenance of a permitted solid waste processing facility or solid wastedisposal area in accordance with sections 260.200 to 260.345;
(50) "Tire", a continuous solid or pneumatic rubber coveringencircling the wheel of any self-propelled vehicle not operated exclusivelyupon tracks, or a trailer as defined in chapter 301, RSMo, except farmtractors and farm implements owned and operated by a family farm or familyfarm corporation as defined in section 350.010, RSMo;
(51) "Used motor oil", any motor oil which, as a result of use,becomes unsuitable for its original purpose due to loss of originalproperties or the presence of impurities, but used motor oil shall notinclude ethylene glycol, oils used for solvent purposes, oil filters thathave been drained of free flowing used oil, oily waste, oil recovered fromoil tank cleaning operations, oil spilled to land or water, or industrialnonlube oils such as hydraulic oils, transmission oils, quenching oils, andtransformer oils;
(52) "Utility waste landfill", a solid waste disposal area used forfly ash waste, bottom ash waste, slag waste and flue gas emission controlwaste generated primarily from the combustion of coal or other fossilfuels;
(53) "Yard waste", leaves, grass clippings, yard and gardenvegetation and Christmas trees. The term does not include stumps, roots orshrubs with intact root balls.
2. For the purposes of this section and sections 260.270 to 260.279and any rules in place as of August 28, 2005, or promulgated under saidsections, the term "scrap" shall be used synonymously with and in place ofwaste, as it applies only to scrap tires.
(L. 1972 S.B. 387 § 1, A.L. 1975 S.B. 98, A.L. 1986 S.B. 475, A.L. 1988 H.B. 1207, A.L. 1990 S.B. 530, A.L. 1993 S.B. 80, et al., A.L. 1995 H.B. 81 merged with S.B. 60 & 112, A.L. 2002 S.B. 984 & 985, A.L. 2005 S.B. 225, A.L. 2007 S.B. 54)Effective 1-01-08