403.703 Definitions. ---
As
used in this act, unless the context clearly indicates
otherwise, the term:
(1) "Department" means the Department of Environmental
Protection or any successor agency performing a like function.
(2) "County," or any like term, means a political subdivision
of the state established pursuant to s. 1, Art. VIII of the State Constitution
and when s. 403.706(20) applies, means a special district or other
entity.
(3) "Municipality," or any like term, means a
municipality created pursuant to general or special law authorized
or recognized pursuant to s. 2 or s. 6, Art. VIII of the State
Constitution and when s. 403.706(20) applies, means a special district or
other entity.
(4) "Person" means any and all persons, natural or
artificial, including any individual, firm, or association; any municipal or
private corporation organized or existing under the laws of this state or any
other state; any county of this state; and any governmental agency of this
state or the Federal Government.
(5) "Recyclable material" means those materials which are
capable of being recycled and which would otherwise be processed or disposed
of as solid waste.
(6) "Recycling" means any process by which solid waste, or
materials which would otherwise become solid waste, are collected, separated,
or processed and reused or returned to use in the form of raw materials or
products.
(7) "Recovered materials" means metal, paper, glass,
plastic, textile, or rubber materials that have known recycling potential,
can be feasibly recycled, and have been diverted and source separated or have
been removed from the solid waste stream for sale, use, or reuse as raw
materials, whether or not the materials require subsequent processing or
separation from each other, but does not include materials destined for any
use that constitutes disposal. Recovered materials as described above are
not solid waste.
(8) "Solid waste management" means the process by which
solid waste is collected, transported, stored, separated, processed, or
disposed of in any other way, according to an orderly, purposeful, and
planned program, which includes closure and long-term
maintenance.
(9) "Resource recovery" means the process of recovering
materials or energy from solid waste, excluding those materials or solid
waste under control of the Nuclear Regulatory Commission.
(10) "Solid waste management facility" means any solid waste
disposal area, volume reduction plant, transfer station, materials recovery
facility, or other facility, the purpose of which is resource recovery or the
disposal, recycling, processing, or storage of solid waste. The term does
not include recovered materials processing facilities which meet the
requirements of [Footnote 1] s. 403.7046(4), except the portion of such
facilities, if any, that is used for the management of solid
waste.
(11) "Solid waste disposal facility" means any solid waste
management facility which is the final resting place for solid waste,
including landfills and incineration facilities that produce ash from the
process of incinerating municipal solid waste.
(12) "Resource recovery equipment" means equipment or
machinery exclusively and integrally used in the actual process of recovering
material or energy resources from solid waste.
(13) "Solid waste" means sludge unregulated under the
federal Clean Water Act or Clean Air Act, sludge from a waste treatment
works, water supply treatment plant, or air pollution control facility, or
garbage, rubbish, refuse, special waste, or other discarded material,
including solid, liquid, semisolid, or contained gaseous material resulting
from domestic, industrial, commercial, mining, agricultural, or governmental
operations. Recovered materials as defined in subsection (7) are not solid
waste.
(14) "Volume reduction plant" includes incinerators,
pulverizers, compactors, shredding and baling plants, composting plants, and
other plants which accept and process solid waste for recycling or
disposal.
(15) "Yard trash" means vegetative matter resulting from
landscaping maintenance and land clearing operations.
(16) "Transfer station" means a site the primary purpose of
which is to store or hold solid waste for transport to a processing or
disposal facility.
(17) "Construction and demolition debris" means materials
generally considered to be not water soluble and nonhazardous in nature,
including, but not limited to, steel, glass, brick, concrete, asphalt roofing
material, pipe, gypsum wallboard, and lumber, from the construction or
destruction of a structure as part of a construction or demolition project,
and including rocks, soils, tree remains, trees, and other vegetative matter
which normally results from land clearing or land development operations for
a construction project, including such debris from construction of structures
at a site remote from the construction or demolition project site. Mixing of
construction and demolition debris with other types of solid waste, including
material from a construction or demolition site which is not from the actual
construction or destruction of a structure, will cause it to be classified as
other than construction and demolition debris.
(18) "Closure" means the cessation of operation of a solid
waste management facility and the act of securing such facility so that it
will pose no significant threat to human health or the
environment.
(19) "Disposal" means the discharge, deposit, injection,
dumping, spilling, leaking, or placing of any solid waste or hazardous waste
into or upon any land or water so that such solid waste or hazardous waste or
any constituent thereof may enter other lands or be emitted into the air or
discharged into any waters, including groundwaters, or otherwise enter the
environment.
(20) "Generation" means the act or process of producing
solid or hazardous waste.
(21) "Hazardous waste" means solid waste, or a combination
of solid wastes, which, because of its quantity, concentration, or physical,
chemical, or infectious characteristics, may cause, or significantly
contribute to, an increase in mortality or an increase in serious
irreversible or incapacitating reversible illness or may pose a substantial
present or potential hazard to human health or the environment when
improperly transported, disposed of, stored, treated, or otherwise managed.
The term does not include human remains that are disposed of by persons
licensed under chapter 470.
(22) "Hazardous waste facility" means any building, site,
structure, or equipment at or by which hazardous waste is disposed of,
stored, or treated.
(23) "Hazardous waste management" means the systematic
control of the collection, source separation, storage, transportation,
processing, treatment, recovery, recycling, and disposal of hazardous
wastes.
(24) "Manifest" means the recordkeeping system used for
identifying the concentration, quantity, composition, origin, routing, and
destination of hazardous waste during its transportation from the point of
generation to the point of disposal, storage, or treatment.
(25) "Operation," with respect to any solid waste management
facility, means the disposal, storage, or processing of solid waste at and by
the facility.
(26) "Storage" means the containment or holding of a
hazardous waste, either on a temporary basis or for a period of years, in
such a manner as not to constitute disposal of such hazardous
waste.
(27) "Transport" means the movement of hazardous waste from
the point of generation or point of entry into the state to any offsite
intermediate points and to the point of offsite ultimate disposal, storage,
treatment, or exit from the state.
(28) "Treatment," when used in connection with hazardous
waste, means any method, technique, or process, including neutralization,
designed to change the physical, chemical, or biological character or
composition of any hazardous waste so as to neutralize it or render it
nonhazardous, safe for transport, amenable to recovery, amenable to storage
or disposal, or reduced in volume or concentration. The term includes any
activity or processing designed to change the physical form or chemical
composition of hazardous waste so as to render it nonhazardous.
(29) "Hazardous substance" means any substance which is
defined as a hazardous substance in the United States Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, 94 Stat.
2767.
(30) "Guarantor" means any person, other than the owner or
operator, who provides evidence of financial responsibility for an owner or
operator under this act.
(31) "Land disposal" means any placement of hazardous waste
in or on the land and includes, but is not limited to, placement in a
landfill, surface impoundment, waste pile, injection well, land treatment
facility, salt bed formation, salt dome formation, or underground mine or
cave, or placement in a concrete vault or bunker intended for disposal
purposes.
(32) "Special wastes" means solid wastes that can require
special handling and management, including, but not limited to, white goods,
waste tires, used oil, lead-acid batteries, construction and demolition
debris, ash residue, yard trash, and biological wastes.
(33) "Clean debris" means any solid waste which is virtually
inert and which is not a pollution threat to groundwater or surface waters
and is not a fire hazard and which is likely to retain its physical and
chemical structure under expected conditions of disposal or use. The term
includes uncontaminated concrete, including embedded pipe or steel, brick,
glass, ceramics, and other wastes designated by the department.
(34) "Processing" means any technique designed to change the
physical, chemical, or biological character or composition of any solid waste
so as to render it safe for transport, amenable to recovery, storage or
recycling, or safe for disposal, or reduced in volume or
concentration.
(35) "Sludge" includes the accumulated solids, residues, and
precipitates generated as a result of waste treatment or processing,
including wastewater treatment, water supply treatment, or operation of an
air pollution control facility, and mixed liquids and solids pumped from
septic tanks, grease traps, privies, or similar waste disposal
appurtenances.
(36) "White goods" includes inoperative and discarded
refrigerators, ranges, water heaters, freezers, and other similar domestic
and commercial large appliances.
(37) "Biomedical waste" means any solid waste or liquid
waste which may present a threat of infection to humans. The term includes,
but is not limited to, nonliquid human tissue and body parts; laboratory and
veterinary waste which contain human-disease-causing agents; discarded
disposable sharps; human blood, and human blood products and body fluids; and
other materials which in the opinion of the Department of Health and
Rehabilitative Services represent a significant risk of infection to persons
outside the generating facility. The term does not include human remains
that are disposed of by persons licensed under chapter 470.
(38) "Biomedical waste generator" means a facility or person
that produces or generates biomedical waste. The term includes, but is not
limited to, hospitals, skilled nursing or convalescent hospitals,
intermediate care facilities, clinics, dialysis clinics, dental offices,
health maintenance organizations, surgical clinics, medical buildings,
physicians' offices, laboratories, veterinary clinics, and funeral
homes.
(39) "Biological waste" means solid waste that causes or has
the capability of causing disease or infection and includes, but is not
limited to, biomedical waste, diseased or dead animals, and other wastes
capable of transmitting pathogens to humans or animals. The term does not
include human remains that are disposed of by persons licensed under chapter
470.
(40) "Materials recovery facility" means a solid waste
management facility that provides for the extraction from solid waste of
recyclable materials, materials suitable for use as a fuel or soil amendment,
or any combination of such materials.
(41) "Recovered materials processing facility" means a
facility engaged solely in the storage, processing, resale, or reuse of
recovered materials. Such a facility is not a solid waste management
facility if it meets the conditions of s. 403.7045(1)(f).
(42) "Ash residue" has the same meaning as the term is
defined in the department rule on solid waste combustors which defines such
term.
(43) "Pelletized paper waste" means pellets produced
exclusively from discarded paper which is derived from a solid waste
management facility or a recovered materials processing facility and which is
shredded, extruded, or formulated into compact pellets of various sizes for
use as a supplemental fuel in permitted boilers other than waste-to-energy
facilities. The use of such pellets as a supplemental fuel in permitted
boilers other than waste-to-energy facilities may be used by local
governments as credits toward the goals for reduction of solid waste pursuant
to s. 403.706(4)(b).
(44) "Source separated" means the recovered materials are
separated from solid waste where the recovered materials and solid waste are
generated. The term does not require that various types of recovered
materials be separated from each other and recognizes de minimis solid waste,
in accordance with industry standards and practices, may be included in the
recovered materials.
History: s. 1, ch. 74-342; s. 2, ch. 78-329; s. 1, ch. 78-387; s. 84, ch. 79-65;
s. 4, ch. 80-302; s. 1, ch. 81-45; s. 267, ch. 81-259; s. 31, ch. 83-310; s.
33, ch. 84-338; s. 31, ch. 86-186; s. 3, ch. 88-130; s. 67, ch. 90-331; s. 2,
ch. 92-104; s. 8, ch. 93-207; s. 394, ch. 94-356.
[Footnote 1] Note. Section 403.7046 does not have a subsection
(4).