§ 13-4-101. DEFINITIONS.

(a)

In general. In this title the following words have the meanings indicated.

(b)

Agricultural waste.

(1)

(i)

"Agricultural waste" means domestic animal manure, in liquid or solid form, generated in the commercial production of:

1.

Poultry, livestock, or fur-bearing animals; or

2.

The products of poultry, livestock, or fur-bearing animals.

(ii)

"Agricultural waste" includes the residual materials generated in producing, harvesting, and marketing of all agronomic, horticultural, silvicultural, and aquacultural crops or commodities.

(2)

"Agricultural waste" does not include residuals generated during land clearing unless the cleared land is intended solely for agricultural purposes and the residuals are processed on the site from which they were generated.

(c)

Approving authority. "Approving authority" means the Director of Environmental Protection and Sustainability.

(d)

Ash.

(1)

(i)

"Ash" means the residue from the burning of combustible materials.

(ii)

"Ash" includes the residue from the burning of coal, coke, solid waste, and wood.

(2)

"Ash" does not include pozzolans as defined in § 15-407 of the Environment Article of the Annotated Code of Maryland.

(e)

Commercial establishment.

(1)

"Commercial establishment" means an enterprise classified in the County Zoning Regulations as a wholesale or retail store.

(2)

"Commercial establishment" includes a restaurant, florist, beauty shop, barbershop, doctor's office, variety store, or hardware store.

(f)

Cover material.

(1)

"Cover material" means material that may be placed over deposits of solid waste in a landfilling operation.

(2)

"Cover material" includes clean soil, sand, earth, and other material acceptable to the approving authority.

(g)

Disposal. "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or placement of a solid waste material into or on any land or water.

(h)

Garbage. "Garbage" means the animal and vegetable waste resulting from the handling, preparation, cooking, and consumption of foods.

(i)

Hazardous waste.

(1)

"Hazardous waste" means hazardous solid waste, liquid waste, and other controlled hazardous substances as defined in the Environment Article of the Annotated Code of Maryland.

(2)

"Hazardous waste" includes highly flammable materials, explosives, pathological wastes, and radioactive materials.

(j)

Incineration. "Incineration" means the process of destroying waste materials by thermal destruction in an enclosed device or contrivance using controlled flame combustion.

(k)

Industrial waste.

(1)

"Industrial waste" means waste materials resulting from industrial or manufacturing processes.

(2)

"Industrial waste" does not include fly ash, bottom ash, slag, and other by-products generated from the combustion of fossil fuels when employed in pozzolanic management activities under approval of the State Department of the Environment and under a local grading ordinance.

(l)

Land disposal site.

(1)

"Land disposal site" means property where solid waste is disposed of by placement on or burial in the ground.

(2)

"Land disposal site" includes public or private property and vacant or occupied property.

(m)

Medical waste.

(1)

"Medical waste" means waste from a hospital, clinic, laboratory, or other health care facility which waste is known or suspected to be contaminated with organisms capable of producing disease or infection in humans.

(2)

"Medical waste" includes:

(i)

Anatomical materials;

(ii)

Blood or blood soiled articles;

(iii)

Fecal material;

(iv)

Stocks of infectious agents;

(v)

Syringes, needles, surgical instruments, or other related articles capable of puncturing human skin; or

(vi)

Any article that has come in contact with a known infectious agent.

(n)

Offal. "Offal" means the waste animal matter from butcher and slaughter or packing houses.

(o)

Person. "Person" means an individual, partnership, firm, company, corporation, association, institution, cooperative enterprise, municipal corporation, or sanitary district.

(p)

Permittee. "Permittee" means a person to whom a permit has been issued.

(q)

Processing.

(1)

"Processing" means the recycling or incineration of solid waste materials collected from off-site or the transfer of solid waste materials through a transfer station.

(2)

"Processing" does not include the storage for salvage of automobiles or other machinery or equipment at junkyards.

(r)

Recyclable material.

(1)

"Recyclable material" means solid waste material that can be separated from the solid waste stream for generation into a product for reuse either in the same form or in a different form, as determined by the approving authority.

(2)

"Recyclable material" includes paper, metals, plastics, glass, and cardboard.

(s)

Recycling. "Recycling" means:

(1)

The separation of recyclable material from the solid waste stream; or

(2)

For reuse from solid waste directly or from recyclable material, the generation of products including:

(i)

Paper, metal, plastic, and glass products;

(ii)

Cardboard stock, newspaper, mulch compost, and related materials; and

(iii)

Fuel derived from solid waste .

(t)

Rubble.

(1)

"Rubble" means building demolition debris, tree stumps and other land clearing debris, solidified paving debris, and other similar waste authorized by the approving authority.

(2)

"Rubble" does not include garbage, friable asbestos or other special wastes, refractory brick, liquid petroleum products, industrial waste, controlled hazardous substances, medical waste, or free liquids.

(u)

Rubble landfill.

(1)

"Rubble landfill" means the services, facilities, or properties used in conjunction with the systematic disposal of rubble or land reclamation involving the use of rubble.

(2)

"Rubble landfill" includes a system of rubble disposal.

(3)

The operation of a rubble landfill is not considered an agricultural activity.

(v)

Sanitary landfill. "Sanitary landfill" means a permitted land disposal site employing an engineered method of disposing of solid waste on land in a manner that minimizes environmental hazards by spreading the solid waste in thin layers, compacting the solid waste to the smallest practical volume, and applying and compacting cover material at the end of each operating day or more often if required.

(w)

Solid waste.

(1)

(i)

"Solid waste" means all garbage, rubbish, refuse, rubble, incinerator ash, offal, animal carcasses, and other materials generated from any property, public or private, which unless recycled into a product for reuse, would be subject to incineration or disposal.

(ii)

"Solid waste" includes medical waste and special waste.

(2)

"Solid waste" does not include:

(i)

Significant pollutants in water resources, including silt or sediment;

(ii)

Dissolved or suspended solids in industrial wastewater;

(iii)

Manure or other agricultural waste; and

(iv)

Industrial wastes and fly ash, bottom ash, slag, and other by-products generated from the combustion of fossil fuels which are employed in pozzolanic management activities under approval of the State Department of the Environment and under local grading ordinance.

(x)

Solid waste collection. "Solid waste collection" means the removal and conveyance of solid waste from temporary solid waste storage points to disposal or processing sites by persons primarily engaged in the solid waste collection business using vehicles designed for this purpose.

(y)

Solid waste storage. "Solid waste storage" means:

(1)

Temporary storage of solid waste by households and commercial establishments, all of which is produced on the premises where the solid waste is stored; and

(2)

Accumulation of solid waste and recyclable materials for processing at permitted processing facilities as specified in the regulations of the Department.

(z)

Special waste. "Special waste" means any solid waste material approved for sanitary landfill disposal by the approving authority that requires special handling procedures as determined by the approving authority.

(aa)

Transfer station.

(1)

"Transfer station" means a place or facility where solid waste materials are taken from solid waste collection vehicles, including compactor trucks, and, using mechanical means, are collected and placed into transportation units including over-the-road tractor-trailers, railroad gondola cars, or barges, for transport to processing facilities or land disposal sites.

(2)

"Transfer station" does not include the consolidation of a single generator's solid waste at the site of generation.

(1988 Code, § 32-1) (Bill No. 105-00, § 2, 7-1-2004; Bill No. 73-03, §§ 6, 7, 7-1-2004; Bill No. 122-10, § 6, 1-16-2011)