§ 62-21. Definitions.

As used in this article, the following words and phrases shall have the meanings ascribed to them in this section, unless context clearly indicates otherwise:

Commercial solid waste shall mean all types of solid waste generated by stores, offices, restaurants, warehouses and other non-manufacturing activities as defined in O.C.G.A. 12-8-22(4.1).

Dump means to throw, discard, place, deposit, discharge, bury, burn, or dispose of a substance.

Disposal facility means any facility or location where the final deposition of solid waste occurs and includes but is not limited to land-filling and solid waste thermal treatment technology facilities as defined in O.C.G.A. 12-8-22(8).

Industrial solid waste shall mean waste generated by manufacturing industrial processes or operations. Such waste includes, but is not limited to, fertilizer, agricultural chemicals, food and food related products and other by-products as defined in O.C.G.A. 12-8-22(12.1).

Inert waste shall mean wastes that will not or are not likely to cause production of leachate of environmental concern. Such wastes are limited to earth and earth-like products, concrete, cured asphalt, rock, bricks, yard trimmings, stumps, limbs, and leaves. This definition excludes industrial and demolition waste not specifically listed above (section 391.3-4-.06 of the Georgia Rules for Solid Waste Management).

Litter shall mean discarded materials of every kind as defined in O.C.G.A. 16-7-42(1).

Manifest shall mean a form or document used for identifying the quantity and composition and the origin, routing, and destination of scrap tires during transportation from the point of generation, through any intermediate points, to an end user, processor or disposer approved by the Georgia Environmental Protection Division (EPD).

Municipal solid waste shall mean any solid waste derived from households, including garbage, trash, and sanitary waste in septic tanks and means solid waste from single-family and multi-family residences, hotels and motels, bunkhouses, campgrounds, picnic grounds, and day use recreation areas. The term includes commercial solid waste, but does not include solid waste from mining, agricultural, or industrial processes or operations as defined in O.C.G.A. 12-8-22(18).

Open dump or dump site means a disposal site, location or facility at which solid waste from one or more sources is left to decompose, burn or to otherwise create a threat to human health or the environment as defined in section 391.3-4-.01(44) of the Georgia Rules for Solid Waste Management.

Person shall mean the State of Georgia or any other state or agency or institution thereof, and any municipality, county, political subdivision, public or private corporation, solid waste authority, special district empowered to engage in solid waste management activities, individual, partnership, association, or other entity in Georgia or any other state. This term also includes any officer or governing or managing body of any municipality, political subdivision, solid waste authority, special district empowered to engage in solid waste activities, or public or private corporation in Georgia or any other state. This term also includes employees, departments, and agencies of the federal government.

Public or private property shall mean the right of way of any road or highway; any body of water or watercourse or the shores or beaches thereof; any park, playground, building, refuge, or conservation or recreation area; and residential or farm properties, timberlands, or forests, as defined in O.C.G.A. 16-7-42(2).

Recovered materials shall mean those materials which have known use, reuse, or recycling potential and have been diverted or removed from the solid waste stream for sale, use, reuse or recycling as defined in O.C.G.A. 12-8-22(25).

Recovered materials processing facility shall mean a facility engaged solely in the storage, processing, and resale or reuse of recovered materials as defined in O.C.G.A. 12-8-22(26).

Scrap tire shall mean a tire that is no longer suitable for its original intended purpose because of wear, damage, or defect, or one that cannot be retreaded or otherwise recycled as defined in O.C.G.A. 12-8-22(31).

Scrap tire carrier shall mean any person engaged in picking up or transporting scrap tires not otherwise exempted under section 391-3-4-.19(5.g) for the purpose of removal to a scrap tire processor, end user, or disposal facility (O.C.G.A. 12-8-22(32)).

Scrap tire generator shall mean any person or entity who generates scrap tires as defined in section 391-3-4-.19(2.i) of the Georgia Rules of Solid Waste Management.

Scrap tire processor shall mean any person who is approved by the environmental protection division to receive scrap tires from scrap tire generators or scrap tire carriers for the purpose of scrap tire processing.

Scrap tire sorter means any person, other than the original scrap tire generator, who handles mixed tires by separating used tires and retreadable casings from scrap tires. As defined in section 391-3-4-.19(2) of the Georgia Rules for Solid Waste Management.

Solid waste means any garbage or refuse; sludge from a wastewater treatment plant, water supply treatment plan, or air pollution contract facility; and other discarded materials including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations and from community activities, but does not include recovered materials; solid or dissolved materials in domestic sewage; solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permit under 33 U.S.C. section 1342; or source, special nuclear, or by-product materials as defined by the Federal Atomic Energy Act of 1954 as amended (68 Stat. 923) (O.C.G.A. 12-8-22(33)).

Solid waste handling means the storage, collection, transportation, treatment, utilization, processing or disposal of solid waste, or any combination of such activities. (O.C.G.A. 12-8-22(34)).

Tire retailer shall mean any person engaged in the business of selling new, retreaded or used replacement tires (O.C.G.A. 12-8-22(39)).

Waste shall mean all discarded substances and materials whatsoever exceeding ten pounds in weight or 15 cubic feet in volume, or any such substance in any weight or volume if biomedical waste, hazardous waste (as that term is defined in O.C.G.A. section 12-8-62), or any such substance or material dumped for commercial purposes. With the exception of non-hazardous, low-impact animal bi-products classified by DNR, "waste" includes without limitation, bottles, boxes, containers, papers, tobacco products, tires, dead animals including their bedding and other wastes from such animals, appliances, mechanical equipment or parts, building or construction materials, tools, machinery, wood, motor vehicles and motor vehicle parts, vessels, aircraft equipment, waste oil, batteries, antifreeze, sludge from a wastewater treatment facility, water supply treatment plant, or air pollution control facility, air contaminants from any source or facility, and any other discarded material or substance of every kind and description resulting from domestic, industrial, commercial, mining, or governmental operations, including household, commercial, construction and demolition waste, or industrial solid waste which is nonhazardous, non-medical, and in a form classified as solid waste by the state department of natural resources (O.C.G.A. 16-7-51).

(Res. No. 2003-32, 9-9-03)