§ 407-607. Definitions

As used in this chapter:

(1) "Solid waste" shall mean any discarded garbage, refuse, sludge from a waste treatment plant, water supply plant, or pollution control facility, and other discarded material possessing no value to its present user, including solid, liquid, semi-solid, or contained gaseous materials resulting from industrial, commercial, mining, or agricultural operations, and from community activities, but does not include animal manure and absorbent bedding used for soil enrichment or solid or dissolved materials in industrial discharges which are point sources subject to permits under the Waste Pollution Control Act, 10 V.S.A. chapter 47.

(2)(A) "Hazardous waste" shall mean any waste or combination of wastes of a solid, liquid, contained gaseous, or semi-solid form, including those which are toxic, corrosive, ignitable, reactive, strong sensitizers, or which generate pressure through decomposition, or other means, which in the judgment of the Commissioner of the Department of Environmental Conservation, or his or her duly authorized representative:

(i) may cause, or contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness, taking into account the toxicity of such waste, its persistence and degradability in nature, and its potential for assimilation, or concentration in tissue, and other factors that may otherwise cause or contribute to adverse acute or chronic effects on the health of persons or other living organisms; or

(ii) may have an unusually destructive effect on water quality if discharged to ground or surface waters of the State.

(B) All special nuclear, source, or byproduct material, as defined by the Atomic Energy Act of 1964 and amendments thereto, codified in 42 U.S.C. § 2014, is specifically excluded from this definition. Hazardous waste also includes any material or product so designated under 10 V.S.A. § 6602(4).

(3) "Household hazardous waste" shall mean any component of solid waste generated by households in the District which exhibit the characteristics of a hazardous waste, but which are excluded from State or federal hazardous waste regulation.

(4) "Small quantity generator hazardous waste" shall mean wastes generated by industrial, commercial, and institutional activities in the District which would be a listed or characteristic hazardous waste but which are generated in small enough quantities so as to be excluded from State or federal regulation as a hazardous waste.

(5) "Sludge" shall mean solids and semi-solids generated by a wastewater treatment plant. Notwithstanding any provision of this agreement, the District shall have the power to impose and collect a surcharge or special assessment for the collection, storage, and disposal of sludge.