Md. Code Regs. 26.04.13.02

Current through Register Vol. 51, No. 18, September 6, 2024

Section 26.04.13.02 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Anaerobic digestion" means the controlled anaerobic biological decomposition of organic waste material to produce biogas and digestate.

(2) "Animal mortality" means an animal carcass that is generated:

(a) At a farm during the normal course of operations;

(b) At another location and managed by State or local government as part of roadway or other maintenance activities; or

(c) At a farm or other location and managed under an emergency exemption under COMAR 26.04.11.06.

(3) "Compostable products" means containers, films, or food service items, such as bowls, plates, cups, or cutlery, composed of materials such as:

(a) Vegetable matter;

(b) Paper;

(c) Cardboard; and

(d) Compostable plastics that are, within the length of time and process employed at the composting facility at which they are used, capable of biological decomposition to a degree that they result in marketable compost meeting the standards established by the Secretary of Agriculture under Agriculture Article, § 6-221, Annotated Code of Maryland.

(4) "Composting" means the controlled aerobic biological decomposition of organic waste material.

(5) "Final disposal" means the complete and ultimate disposal of solid waste.

(6) Food Residuals.

(a) "Food residuals" means material derived from the processing or discarding of food, including pre- and post-consumer vegetables, fruits, grains, dairy products, and meats.

(b) "Food residuals" does not include:

(i) Animal mortalities;

(ii) Compostable products; or

(iii) Wastewater that contains material derived from the processing or discarding of food.

(7) "Generates" means creates material destined for management in a refuse disposal system if not otherwise diverted through reduction or recycling activities.

(8) Organics Recycling.

(a) "Organics recycling" means any process in which organic materials are collected, separated, or processed and returned to the marketplace in the form of raw materials or products.

(b) "Organics recycling" includes anaerobic digestion and composting.

(9) "Organics recycling facility" means a facility where organics recycling takes place.

(10) Person.

(a) "Person" means an individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind and any partnership, firm, association, corporation, or other entity.

(b) "Person" includes:

(i) An individual facility owned or operated by a local school system;

(ii) An individual public primary or secondary school;

(iii) An individual nonpublic school;

(iv) A supermarket, convenience store, mini-mart, or similar establishment;

(v) A business cafeteria, school cafeteria, or institutional cafeteria;

(vi) A cafeteria operated by or on behalf of the State or a local government;

(vii) A manufacturer, processor, or similar establishment; and

(viii) Any other entity listed under §B(10)(a) of this regulation that is not excluded under §B(10)(c) of this regulation.

(c) "Person" does not include:

(i) The aggregate of all school buildings and facilities in a local school system; or

(ii) A restaurant establishment that accommodates the public and is equipped with a dining room with facilities for preparing and serving regular meals.

(11) Recyclable Materials.

(a) "Recyclable materials" means those materials that:

(i) Would otherwise become solid waste for disposal in a refuse disposal system; and

(ii) May be collected, separated, composted, or processed and returned to the marketplace in the form of raw materials or products.

(b) "Recyclable materials" does not include incinerator ash.

(12) "Recycling" means any process in which recyclable materials are collected, separated, or processed and returned to the marketplace in the form of raw materials or products.

(13) "Refuse disposal system" includes:

(a) An incinerator;

(b) A transfer station;

(c) A landfill system;

(d) A landfill;

(e) A solid waste processing facility; and

(f) Any other solid waste acceptance facility.

Md. Code Regs. 26.04.13.02

Regulation .02 adopted effective 49:26 Md. R. 1080, eff. 12/26/2022