TITLE X
PUBLIC HEALTH

CHAPTER 149-M
SOLID WASTE MANAGEMENT

Section 149-M:4

    149-M:4 Definitions. –
In this chapter:
I. "Abutter" means any person who owns property adjacent to, or across a road, railroad, or stream from the property on which a solid waste facility may be permitted.
II. "Approved facility" means a facility with a valid permit from the department.
II-a. "Certified waste-derived product" means a constituent of solid waste which is no longer regulated as a solid waste when certified by the department to be recyclable for its original use or alternate uses and which poses no greater risk to the environment, public health, and safety than exists by producing, distributing, using, or disposing comparable products which are not waste-derived.
III. "Commissioner" means the commissioner of the department of environmental services.
IV. "Compost" means a stable, humus-like substance which is derived from a process involving the biological decomposition of any readily biodegradable material, such as animal manure, garbage, yard waste, septage, sludge, or other organic solid wastes, and which can be beneficially re-used for land application.
IV-a. "Construction and demolition debris" means non-putrescible waste building materials and rubble which is solid waste resulting from the construction, remodeling, repair or demolition of structures or roads. The term includes, but is not limited to, bricks, concrete and other masonry materials, wood, wall coverings, plaster, dry wall, plumbing, fixtures, non-asbestos insulation or roofing shingles, asphaltic pavement, glass, plastics that are not sealed in a manner that conceals other wastes, and electrical wiring and components, incidental to any of the above and containing no hazardous liquid or metals. The term does not include asbestos waste, garbage, corrugated container board, electrical fixtures containing hazardous liquids such as fluorescent light ballasts or transformers, furniture, appliances, tires, drums and containers, and fuel tanks.
IV-b. "Computer" means a free standing unit capable of manipulating data according to a list of instructions. It does not include devices with embedded computers, such as automobiles, robots, machines, toys, etc., where the primary function of the embedded computer is to control the function of the device.
V. "Department" means the department of environmental services.
VI. "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or onto any land or water with the possible result that such solid waste or any constituent of it may enter the environment, be emitted into the air, or be discharged into any waters, including groundwater.
VII. "District" means a solid waste management district established under RSA 149-M:24.
VIII. "District plan" means the plan developed for waste management within a district. and approved by the department.
VIII-a. "Electronic waste" includes computer monitors containing a cathode ray tube, laptop computers, liquid crystal display (LCD) computer monitors, plasma and LCD televisions, printers, cell phones, copiers, fax machines, and video display media recorder/players.
VIII-b. "End-of-life motor vehicle" means a wrecked, worn-out, junk, or other motor vehicle that is no longer intended for use according to its original purpose and is destined for final disposal. The term does not include a motor vehicle that is being kept for repair or restoration, or that is temporarily impounded pending identification of last owner of record or settlement of an insurance claim.
IX. "Facility" means a location, system, or physical structure for the collection, separation, storage, transfer, processing, treatment, or disposal of solid waste.
IX-a. "General permit" means a permit which contains terms and conditions applicable to a specific category of facility, which applies to any facility in that category which has submitted the required information and agreed to abide by the stated terms and conditions.
X. "Hearing" means the opportunity for the submission of written or oral comments, or both.
X-a. "Incinerator" means a facility which employs a method of using controlled thermal combustion, including flame combustion, to thermally break down waste or other materials, including refuse-derived fuel, to an ash residue that contains little or no combustible materials.
XI. "Manure" means animal feces and urine with natural organic bedding materials such as hay, sawdust, straw, or wood chips, but exclusive of human waste.
XI-a. "Motor vehicle crusher" means a mechanical device used to intentionally flatten and reduce the volume of end-of-life motor vehicles to facilitate the transportation of such vehicles to a scrap processing facility. The term includes both mobile and stationary devices. The term also includes loggers and balers.
XI-b. "Motor vehicle salvage facility" means a place where end-of-life motor vehicles are received, kept and drained, dismantled, or otherwise processed for final disposal at a scrap metal processing facility. The term shall not include any facility that does not require a license under RSA 236:111 through RSA 236:129.
XII. "Order" means an official written notice requiring compliance with a statute, rule, or permit.
XIII. "Out-of-state solid waste" means solid waste generated or originating outside the borders of the state, but not including solid waste generated or originating from communities participating in cooperative agreements authorized by RSA 53-D.
XIV. "Permit" means an authorization from the department for the construction and operation of a facility.
XV. "Person" means any individual; business entity, including a trust, firm, joint stock company, corporation (including a government corporation); partnership; association; government agency; or political subdivision of the state.
XVI. "Private facility" means one whose permit is held by a person other than a government unit or agency or political subdivision of the state.
XVII. "Public benefit" means the protection of the health, economy, and natural environment of the state of New Hampshire consistent with RSA 149-M:11.
XVIII. "Public facility" means one whose permit is held by a town or other governmental unit or agency or political subdivision of the state, or a combination thereof.
XIX. "Recyclable materials" means materials that can be used to produce marketable goods, including but not limited to separated clear and colored glass, aluminum, ferrous and nonferrous metals, plastics, corrugated cardboard, motor vehicle batteries, tires from motor vehicles, and paper.
XX. "Recycling" means the collection, storage, processing, and redistribution of recyclable materials.
XXI. "Refuse" means and includes any waste product, solid or having the character of a solid rather than a liquid in that it will not flow readily without additional liquid, and which is composed wholly or partly of such materials as garbage, swill, sweepings, cleanings, trash, rubbish, litter, industrial or domestic solid wastes; organic wastes or residue of animals sold as meat; fruit, vegetable or animal matter from kitchens, dining rooms, markets, food establishments or any places dealing in or handling meat, fowl, fruits, grain or vegetables; offal, animal excreta, or the carcasses of animals; construction and demolition debris; or accumulated waste material, cans, containers, tires, junk, or other such substances which may become a nuisance.
XXII. "Solid waste" means any matter consisting of putrescible material, refuse, residue from an air pollution control facility, and other discarded or abandoned material. It includes solid, liquid, semisolid or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities. For purposes of this chapter, it does not include hazardous waste as defined in RSA 147-A:2; solid or dissolved materials in irrigation return flows; cut or uprooted tree stumps buried on-site with local approval if required, provided that such burial locations are not located within 75 feet of any drinking water supply; municipal and industrial discharges which are point sources subject to permits under section 402 of the federal Water Pollution Control Act, as amended; source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954 , as amended; or septage or sludge as defined in RSA 485-A:2, IX-a and XI-a.
XXIII. "Solid waste management" means the systematic administration of activities for the collection, separation, processing, treatment, transportation, transfer, storage, recovery, and disposal of solid waste.
XXIV. "Source reduction" means changing industrial processes, technologies, and product components with the specific objective of reducing the amount or toxicity of waste at the source.
XXV. "Special waste" means any matter consisting of medical or infectious wastes.
XXVI. "State plan" means the state solid waste management plan developed under RSA 149-M:29.
XXVII. "Town" means town, city, unincorporated town, and unorganized place.
XXVII-a. "Transfer station" means a solid waste collection, storage, and transfer facility, which collects, stores, and transfers solid waste, including non-recyclable waste.
XXVIII. "Video display device" means a visual display component of a television or a computer, whether separate or integrated with a computer central processing unit/box, and includes a cathode ray tube, liquid crystal display, gas plasma, digital light processing, or other image projection technology, greater than 4 inches when measured diagonally, and its case, interior wires, and circuitry.
XXIX. "Video display media recorder/player" means an electronic component capable of playing and/or recording analog or digital video signal on or from various types of media, including magnetic tape, optically scanned disks, integral hard drives or other types of memory devices. This includes electronic components such as a videocassette recorder (VCR), a digital video disk (VDR) or a component with a digital hard drive.

Source. 1996, 251:2; 251:28. 1998, 112:1, 2, eff. Aug. 1, 1998. 2006, 171:1, eff. July 1, 2006. 2007, 127:1-3, eff. June 12, 2007; 128:4, eff. Jan. 1, 2008. 2008, 191:1-3, eff. Aug. 10, 2008. 2009, 126:1, 2, eff. June 22, 2009; 314:1, eff. Oct. 6, 2009.