A.R.S. tit. 49 ch. 4 — Arizona Revised Statutes Title 49 Chapter 4 — Solid Waste Management

49-701. Definitions In this chapter, unless the context otherwise requires: 1. "Administratively complete plan" means an application for a solid waste facility plan approval that the department has determined contains each of the components required by statute or rule but that has not undergone technical review or public notice by the department. 2. "Administrator" means the administrator of the United States environmental protection agency. 3. "Advanced recycling": (a) Means a manufacturing process to convert post-use polymers and recovered feedstocks into basic hydrocarbon raw materials, feedstocks, chemicals, monomers, oligomers, plastics, plastics and chemical feedstocks, basic and unfinished chemicals, crude oil, naphtha, liquid transportation fuels and coatings and other products such as waxes and lubricants through processes that include pyrolysis, gasification, depolymerization, catalytic cracking, reforming, hydrogenation, solvolysis and other similar technologies. (b) Does not include solid waste management, processing, incineration or treatment. 4. "Advanced recycling facility": (a) Means a facility that receives, stores and converts post-use polymers and recovered feedstocks using advanced recycling. (b) Includes a manufacturing facility that is subject to applicable provisions of law and department rules for air quality, water quality and waste and land use. (c) Does not include a solid waste facility, processing facility, treatment facility, materials recovery facility, recycling facility or incinerator. 5. "Beneficial use of CCR" means that all of the following conditions apply: (a) The CCR provides a functional benefit. (b) The CCR substitutes for the use of a virgin material, which conserves natural resources that would otherwise need to be obtained through practices such as extraction. (c) The use of the CCR meets relevant product specifications, regulatory standards or design standards when available, and when those standards are not available, the CCR is not used in excess quantities. (d) For unencapsulated use of CCR involving placement of twelve thousand four hundred tons or more on the land in nonroadway applications, the user demonstrates, keeps records and provides documentation on request, that environmental releases to groundwater, surface water, soil and air are comparable to or lower than those from analogous products made without CCR, or that environmental releases to groundwater, surface water, soil and air will be at or below relevant regulatory and health-based benchmarks for human and ecological receptors during use. 6. "CCR pile": (a) Means any noncontainerized accumulation of solid, nonflowing CCR that is placed on the land. (b) Does not include a CCR that is beneficially used off-site. 7. "CCR program approval" means United States environmental protection agency approval of the Arizona coal combustion residuals program in accordance with 42 United States Code section 6945(d)(1). 8. "CCR surface impoundment" or "impoundment" means a natural topographic depression, man-made excavation or diked area, which is designed to hold an accumulation of CCR and liquids, and the CCR unit treats, stores or disposes of CCR. 9. "Closed solid waste facility" means any of the following: (a) A solid waste facility other than a CCR unit that ceases storing, treating, processing or receiving for disposal solid waste before the effective date of design and operation rules for that type of facility adopted pursuant to section 49-761. (b) A public solid waste landfill that meets any of the following criteria: (i) Ceased receiving solid waste before July 1, 1983. (ii) Ceased receiving solid waste and received at least two feet of cover material before January 1, 1986. (iii) Received approval for closure from the department after completing a postclosure care and monitoring plan as required by permit or plan approval. (c) A public composting plant or a public incinerating facility that closed in accordance with an approved plan. 10. "Coal combustion residuals" or "CCR" means fly ash, bottom ash, boiler slag and flue gas desulfurization materials generated from burning coal for the purpose of generating electricity by electric utilities and independent power producers. 11. "Coal combustion residuals landfill" or "CCR landfill": (a) Means an area of land or an excavation that receives CCR and that is not a surface impoundment, an underground injection well, a salt dome formation, a salt bed formation, an underground or surface coal mine or a cave. (b) Includes sand and gravel pits and quarries that receive CCR or CCR piles and any use of CCR that does not meet the definition of a beneficial use of CCR. 12. "Coal combustion residuals unit" or "CCR unit": (a) Means any CCR landfill, CCR surface impoundment or lateral expansion of a CCR unit or a combination of more than one of these units. (b) Includes both new and existing units, unless otherwise specified. 13. "Construction debris" means solid waste derived from the construction, repair or remodeling of buildings or other structures. 14. "County" means: (a) The board of supervisors in the context of the exercise of powers or duties. (b) The unincorporated areas in the context of area of jurisdiction. 15. "Demolition debris" means solid waste derived from the demolition of buildings or other structures. 16. "Depolymerization" means a manufacturing process through which post-use polymers are broken into smaller molecules such as monomers and oligomers or raw, intermediate or final products, plastics and chemical feedstocks, basic and unfinished chemicals, crude oil, naphtha, liquid transportation fuels, waxes, lubricants, coatings and other basic hydrocarbons. 17. "Discharge" has the same meaning prescribed in section 49-201. 18. "Existing CCR landfill" means a CCR landfill that receives CCR both before and after October 19, 2015, or for which construction commenced before October 19, 2015 and that receives CCR on or after October 19, 2015. For the purposes of this paragraph, "commenced construction" means the owner or operator of a CCR landfill has obtained the federal, state and local approvals or permits necessary to begin physical construction and a continuous on site, physical construction program had begun before October 19, 2015. 19. "Existing CCR surface impoundment" means a CCR surface impoundment that meets one of the following conditions: (a) Receives CCR both before and after October 19, 2015. (b) For which construction commenced before October 19, 2015 and that receives CCR on or after October 19, 2015. For the purposes of this paragraph, "commenced construction" means the owner or operator of a CCR surface impoundment has obtained the federal, state and local approvals or permits necessary to begin physical construction and a continuous on site, physical construction program had begun before October 19, 2015. 20. "Existing solid waste facility" means a solid waste facility other than a CCR unit that begins construction or is in operation on the effective date of the design and operation rules adopted by the director pursuant to section 49-761 for that type of solid waste facility. 21. "Facility plan" means any design or operating plan for a solid waste facility or group of solid waste facilities other than a permit issued under article 11 of this chapter. 22. "40 C.F.R. part 257, subparts A and B" means 40 Code of Federal Regulations part 257, subparts A and B in effect on May 1, 2004. 23. "40 C.F.R. part 258" means 40 Code of Federal Regulations part 258 in effect on May 1, 2004. 24. "Gasification" means a manufacturing process through which recovered feedstocks are heated and converted into a fuel and gas mixture in an oxygen-deficient atmosphere and the mixture is converted into valuable raw, intermediate and final products, including plastic monomers, chemicals, waxes, lubricants, chemical feedstocks, crude oil, diesel, gasoline, diesel and gasoline blendstocks, home heating oil and other fuels, including ethanol and transportation fuel, that are returned to economic utility in the form of raw materials, products or fuels. 25. "Household hazardous waste" means solid waste as described in 40 Code of Federal Regulations section 261.4(b)(1) as incorporated by reference in the rules adopted pursuant to chapter 5 of this title. 26. "Household waste": (a) Means any solid waste, including garbage, rubbish and sanitary waste from septic tanks, that is generated from households, including single and multiple-family residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds and day use recreation areas. (b) Does not include construction debris, landscaping rubble or demolition debris. 27. "Inert material": (a) Means material that satisfies all of the following conditions: (i) Is not flammable. (ii) Will not decompose. (iii) Will not leach substances in concentrations that exceed applicable aquifer water quality standards prescribed by section 49-201, paragraph 22 when subjected to a water leach test that is designed to approximate natural infiltrating waters. (b) Includes concrete, asphaltic pavement, brick, rock, gravel, sand, soil and metal, if used as reinforcement in concrete. (c) Does not include special waste, hazardous waste, glass or other metal. 28. "Land disposal" means placement of solid waste in or on land. 29. "Landscaping rubble" means material that is derived from landscaping or reclamation activities and that may contain inert material and not more than ten percent by volume of vegetative waste. 30. "Lateral expansion" means, for the purposes of the coal combustion residuals program established pursuant to article 11 of this chapter, a horizontal expansion of the waste boundaries of an existing CCR landfill or existing CCR surface impoundment made after October 19, 2015. 31. "Management agency" means any person responsible for the day-to-day operation, maintenance and management of a particular public facility or group of public facilities. 32. "Medical waste": (a) Means any solid waste that is generated in the diagnosis, treatment or immunization of a human being or animal or in any research relating to that diagnosis, treatment or immunization, or in the production or testing of biologicals. (b) Includes discarded drugs. (c) Does not include hazardous waste as defined in section 49-921 other than very small quantity generator waste. 33. "Municipal solid waste landfill" means any solid waste landfill that accepts household waste, household hazardous waste or very small quantity generator waste. 34. "New solid waste facility" means a solid waste facility that begins construction or operation after the effective date of design and operating rules that are adopted pursuant to section 49-761 or article 11 of this chapter for that type of solid waste facility. 35. "On site" means the same or geographically contiguous property that may be divided by public or private right-of-way if the entrance and exit between the properties are at a crossroads intersection and access is by crossing the right-of-way and not by traveling along the right-of-way. Noncontiguous properties that are owned by the same person and connected by a right-of-way that is controlled by that person and to which the public does not have access are deemed on site property. Noncontiguous properties that are owned or operated by the same person regardless of right-of-way control are also deemed on site property. 36. "Person" means any public or private corporation, company, partnership, firm, association or society of persons, the federal government and any of its departments or agencies, this state or any of its agencies, departments, political subdivisions, counties, towns or municipal corporations, as well as a natural person. 37. "Post-use polymer": (a) Means a plastic to which all of the following apply: (i) The plastic is derived from any industrial, commercial, agricultural or domestic activities. (ii) The plastic is not mixed with solid waste or hazardous waste on site or during processing at the advanced recycling facility. (iii) The plastic's use or intended use is as a feedstock for manufacturing crude oil, fuels, feedstocks, blendstocks, raw materials or other intermediate products or final products using advanced recycling. (iv) The plastic has been sorted from solid waste and other regulated waste but may contain residual amounts of solid waste such as organic material and incidental contaminants or impurities such as paper labels and metal rings. (v) The plastic is processed at an advanced recycling facility or held at an advanced recycling facility before processing. (b) Does not include solid waste or municipal waste. 38. "Process" or "processing" means the reduction, separation, recovery, conversion or recycling of solid waste. 39. "Public solid waste facility" means a transfer facility and any site owned, operated or used by any person for the storage, processing, treatment or disposal of solid waste that is not generated on site. 40. "Pyrolysis" means a manufacturing process through which post-use polymers are heated in the absence of oxygen until melted, are thermally decomposed and are then cooled, condensed and converted into valuable raw, intermediate and final products, including plastic monomers, chemicals, waxes, lubricants, chemical feedstocks, crude oil, diesel, gasoline, diesel and gasoline blendstocks, home heating oil and other fuels, including ethanol and transportation fuel, that are returned to economic utility in the form of raw materials, products or fuels. 41. "Recovered feedstocks": (a) Means one or more of the following materials that have been processed so that they may be used as feedstock in an advanced recycling facility: (i) Post-use polymers. (ii) Materials for which the United States environmental protection agency has made a nonwaste determination pursuant to 40 Code of Federal Regulations section 241.3(c) or has otherwise determined are feedstocks and not solid waste. (b) Does not include: (i) Unprocessed municipal solid waste. (ii) Materials that are mixed with solid waste or hazardous waste on site or during processing at an advanced recycling facility. 42. "Recycling facility" means a solid waste facility that is owned, operated or used for the storage, treatment or processing of recyclable solid waste. 43. "Salvaging" means the removal of solid waste from a solid waste facility with the permission and in accordance with rules or ordinances of the management agency for purposes of productive reuse. 44. "Scavenging" means the unauthorized removal of solid waste from a solid waste facility. 45. "Solid waste facility" means a transfer facility and any site owned, operated or used by any person for the storage, processing, treatment or disposal of solid waste, very small quantity generator waste or household hazardous waste but does not include the following: (a) A site at which less than one ton of solid waste that is not household waste, household hazardous waste, very small quantity generator waste, medical waste or special waste and that was generated on site is stored, processed, treated or disposed in compliance with section 49-762.07, subsection F. (b) A site at which solid waste that was generated on site is stored for ninety days or less. (c) A site at which nonputrescible solid waste that was generated on site in amounts of less than one thousand kilograms per month per type of nonputrescible solid waste is stored and contained for one hundred eighty days or less. (d) A site that stores, treats or processes paper, glass, wood, cardboard, household textiles, scrap metal, plastic, vegetative waste, aluminum, steel or other recyclable material and that is not a waste tire facility, a transfer facility or a recycling facility. (e) A site where sludge from a wastewater treatment facility is applied to the land as a fertilizer or beneficial soil amendment in accordance with sludge application requirements. (f) A closed solid waste facility. (g) A solid waste landfill that is performing or has completed postclosure care before July 1, 1996 in accordance with an approved postclosure plan. (h) A closed solid waste landfill performing a onetime removal of solid waste from the closed solid waste landfill, if the operator provides a written notice that describes the removal project to the department within thirty days after completion of the removal project. (i) A site where solid waste generated in street sweeping activities is stored, processed or treated before disposal at a solid waste facility authorized under this chapter. (j) A site where solid waste generated at either a drinking water treatment facility or a wastewater treatment facility is stored, processed, or treated on site before disposal at a solid waste facility authorized under this chapter, and any discharge is regulated pursuant to chapter 2, article 3 of this title. (k) A closed solid waste landfill where development activities occur on the property or where excavation or removal of solid waste is performed for maintenance and repair if the following conditions are met: (i) When the project is completed there will not be an increase in leachate that would result in a discharge. (ii) When the project is completed the concentration of methane gas will not exceed twenty-five percent of the lower explosive limit in on-site structures, or the concentration of methane gas will not exceed the lower explosive limit at the property line. (iii) Protection has been provided to prevent remaining waste from causing any vector, odor, litter or other environmental nuisance. (iv) The operator provides a notice to the department containing the information required by section 49-762.07, subsection A, paragraphs 1, 2 and 5 and a brief description of the project. (l) Agricultural on-site disposal as provided in section 49-766. (m) The use, storage, treatment or disposal of by-products of regulated agricultural activities as defined in section 49-201 and that are subject to best management practices pursuant to section 49-247 or by-products of livestock, range livestock and poultry as defined in section 3-1201, pesticide containers that are regulated pursuant to title 3, chapter 2, article 6 or other agricultural crop residues. (n) Household hazardous waste collection events held at a temporary site for not more than six days in any calendar quarter. (o) Wastewater treatment facilities as defined in section 49-1201. (p) An on-site single-family household waste composting facility. (q) A site at which five hundred or fewer waste tires are stored. (r) A site at which mining industry off-road waste tires are stored or are disposed of as prescribed by rules in effect on February 1, 1996, until the director by rule determines that on-site recycling methods exist that are technically feasible and economically practical. (s) A site at which underground piping, conduit, pipe covering or similar structures are abandoned in place in accordance with applicable state and federal laws. (t) An advanced recycling facility that converts recovered feedstocks to manufacture raw materials and intermediate and final products. 46. "Solid waste landfill": (a) Means a facility, area of land or excavation in which solid wastes are placed for permanent disposal. (b) Does not include a land application unit, surface impoundment, injection well, coal combustion residuals landfill, compost pile or waste pile or an area containing ash from the on-site combustion of coal that does not contain household waste, household hazardous waste or very small quantity generator waste. 47. "Solid waste management" means the systematic administration of activities that provide for the collection, source separation, storage, transportation, transfer, processing, treatment or disposal of solid waste in a manner that protects public health and safety and the environment and prevents and abates environmental nuisances. 48. "Solid waste management plan" means the plan that is adopted pursuant to section 49-721 and that provides guidelines for the collection, source separation, storage, transportation, processing, treatment, reclamation and disposal of solid waste in a manner that protects public health and safety and the environment and prevents and abates environmental nuisances. 49. "Solvolysis": (a) Means a manufacturing process through which post-use polymers are purified with the aid of solvents, allowing additives and contaminants to be removed and producing polymers capable of being recycled or reused without first being reverted to a monomer. (b) Includes hydrolysis, aminolysis, ammonoloysis, methanolysis and glycolysis. 50. "Storage" means the holding of solid waste. 51. "Transfer facility": (a) Means a site that is owned, operated or used by any person for the rehandling or storage for ninety days or less of solid waste that was generated off site for the primary purpose of transporting that solid waste. (b) Includes those facilities that include significant solid waste transfer activities that warrant the facility's regulation as a transfer facility. 52. "Treatment" means any method, technique or process used to change the physical, chemical or biological character of solid waste so as to render that waste safer for transport, amenable for processing, amenable for storage or reduced in volume. 53. "Vegetative waste": (a) Means waste derived from plants, including tree limbs and branches, stumps, grass clippings and other waste plant material. (b) Does not include processed lumber, paper, cardboard and other manufactured products that are derived from plant material. 54. "Very small quantity generator waste" means hazardous waste in quantities as defined by rules adopted pursuant to section 49-922. 55. "Waste pile" means any noncontainerized accumulation of solid, nonflowing waste that is used for treatment or storage. 56. Waste tire does not include tires used for agricultural purposes as bumpers on agricultural equipment or as ballast to maintain covers at an agricultural site, or any tire disposed of using any of the methods in section 44-1304, subsection D, paragraphs 1, 2, 3, 5 through 8 and 11 and means any of the following: (a) A tire that is no longer suitable for its original intended purpose because of wear, damage or defect. (b) A tire that is removed from a motor vehicle and is retained for further use. (c) A tire that has been chopped or shredded. 57. "Waste tire facility" means a solid waste facility at which five thousand or more waste tires are stored outdoors on any day. 49-701.01. Definition of solid waste; exemptions A. "Solid waste" means any garbage, trash, rubbish, waste tire, refuse, sludge from a waste treatment plant, water supply treatment plant or pollution control facility and other discarded material, including solid, liquid, semisolid or contained gaseous material. B. The following are exempt from the definition of solid waste: 1. Hazardous waste regulated pursuant to chapter 5 of this title. 2. Waste that contains radioactive materials subject to the atomic energy act of 1954 (42 United States Code sections 2011 through 2297; 68 Stat. 919) or title 30, chapter 4. 3. Any discharge from a facility regulated pursuant to chapter 2, article 3 of this title. 4. Any discharge regulated pursuant to section 402 or 404 of the clean water act (33 United States Code sections 1342 and 1344). 5. Domestic sewage. 6. Discharges into a publicly or privately owned treatment works including the treatment works and the sewer collection system. 7. Irrigation waters. 8. Irrigation return flows. 9. Reclaimed wastewater from wastewater reuse facilities. 10. Leachate resulting from the direct natural infiltration of precipitation through undisturbed regolith or bedrock, if pollutants are not added by man. 11. Storm water. 12. Substances and materials that remain on site as specifically approved in a work plan or other approval by the department in the course of remedial or corrective actions undertaken pursuant to any of the following: (a) Chapter 2, articles 3 and 5 of this title. (b) Chapters 5 and 6 of this title. (c) The comprehensive environmental response, compensation, and liability act of 1980 (P.L. 96-510; 94 Stat. 2767; 42 United States Code sections 9601 through 9675). (d) The federal water pollution control act amendments of 1972 (P.L. 92-500; 86 Stat. 816; 33 United States Code sections 1251 through 1387). (e) The resource conservation and recovery act of 1976 (P.L. 94-580; 90 Stat. 2795; 42 United States Code sections 6901 through 6992). (f) Chapter 1, article 5 of this title. 13. Water used in gardening, lawn care, landscape maintenance and related activities. 14. Discharges from ponds used for watering livestock and wildlife. 15. Landscaping rubble used to reclaim land. 16. Mining industry off-road waste tires that are larger than three feet in outside diameter and that are buried at the site and rock, copper concentrate, leachate material, tailing and slag that are either of the following: (a) Produced and maintained at the site of the mining or metallurgical operation. (b) Not maintained at the site of a mining or metallurgical operation and that are consolidated at the site of a mining or metallurgical operation that is both of the following: (i) Located within fifty miles of the materials' current off-site location, or, on written approval of the director, located at a site that is farther than fifty miles of the materials' current off-site location. (ii) Regulated by a permit issued pursuant to chapter 2, article 3 of this title or by an approved work plan pursuant to chapter 1, article 5 of this title. 17. Inert material. 18. Effluent as defined in section 45-101. 19. Return flows from irrigated agriculture. 20. Materials that are generated on site and that are processed or reused on site if the following conditions are met: (a) On-site processing or reuse of the materials is technically feasible. (b) At least seventy-five percent by weight or volume of the materials that are accumulated on site for processing or reuse each year are processed or reused in that same year. (c) Materials that are accumulated on site for processing or reuse are managed in a manner that: (i) Controls wind dispersion and other surface dispersion of the materials so that the materials do not create a public nuisance or pose an imminent and substantial endangerment to public health or the environment. Visible materials that are dispersed beyond the boundaries of the site shall be collected on a regular basis by the operator of the site. (ii) Does not discharge hazardous substances as defined in section 49-281 to surface water, groundwater or subsurface soils in a manner that creates a public nuisance or poses an imminent and substantial endangerment to public health or the environment. (iii) Controls vector breeding and fire hazards. (iv) Controls public access to the materials by the use of reasonable measures. 21. Recovered feedstocks if those materials are processed through advanced recycling and if the advanced recycling facilities are operated in a manner that: (a) Controls wind dispersion and other surface dispersion of recovered feedstock from the advanced recycling facility so that the recovered feedstock does not create a public nuisance or pose an imminent and substantial endangerment to public health or the environment, including requiring the operator of the advanced recycling facility to recover on a regular basis any visible recovered feedstock that is dispersed beyond the boundaries of the advanced recycling facility. (b) Does not discharge hazardous substances as defined in section 49-281 to surface water, groundwater or subsurface soil in a manner that creates a public nuisance or poses an imminent and substantial endangerment to public health or the environment. (c) Does not cause a nuisance, vector breeding or fire hazard by storing recoverable feedstocks or post-use polymers. (d) Requires recoverable feedstocks or post-use polymer to be converted using an advanced recycling process after storage of less than ninety days or, for advanced recycling operations on government property and if allowed pursuant to any contractual agreements with this state or local government, the storage period may be extended to one hundred twenty days. C. Any person may petition the director to exempt a substance as solid waste by submitting a written request to the director. The request may be for a statewide or site-specific exemption. Within ninety days after receipt of a written request, the director shall determine whether to exempt the substance. The director's determination shall be based on a demonstration that the substance is unlikely to cause or substantially contribute to a threat to the public health or the environment. The procedure is as follows: 1. Within thirty days after the director's determination to add a substance on a site-specific basis, a notice of that determination shall be published in the Arizona administrative register. A site-specific determination is effective on the date of the director's determination. 2. Within thirty days after the director's determination to add a substance on a statewide basis, the director shall initiate rulemaking to add the substance to the list of exemptions. This rulemaking is exempt from the requirements of title 41, chapter 6, except for the requirements regarding public notice. The effective date for the final rule is the effective date for the exemption. D. An advanced recycling facility is subject to routine inspection by the department to ensure compliance with this chapter and shall provide a onetime notice to the department of the facility's location on the opening of a new advanced recycling facility. E. This section does not affect the department's authority to require abatement of any environmental nuisance pursuant to chapter 1, article 3 of this title. 49-701.02. Exemptions from definition of solid waste; soils; seller's duty to disclose A. The following are exempt from the definition of solid waste: 1. On-site excavated soils that meet, at the on-site location where the soils are to be deposited, applicable predetermined remediation levels adopted by the department pursuant to chapter 1, article 4 of this title and applicable groundwater protection levels allowed pursuant to the leachability guidance policy filed with the secretary of state on March 5, 1998, pursuant to section 41-1091. If the soils exceed the predetermined residential remediation levels, the following conditions shall be met: (a) The owner of the property upon which the soils are to be deposited shall file a written notice with the director, for placement in the repository established pursuant to section 49-152 which includes the name of the property owner, the street address and legal description of the property and the legal description of the area on which the excavated soils which exceed predetermined residential remediation levels are placed. (b) If the excavated soils are removed to noncontiguous property owned or operated by the same person, the owner shall notify the department at least seventy-two hours prior to the intended removal. 2. On-site excavated soils that meet, at the on-site location where the soils are to be deposited, applicable site specific remediation levels allowed pursuant to chapter 1, article 4 of this title and applicable groundwater protection levels allowed pursuant to the leachability guidance policy filed with the secretary of state on March 5, 1998, pursuant to section 41-1091, provided the following conditions are met: (a) The department first approves the use of such levels for the location where the soils are to be deposited. Any person who requests approval of an action pursuant to this paragraph shall reimburse the department for reasonable costs to review the proposed action. (b) The owner of the property upon which the soils are to be deposited shall file a written notice with the director, for placement in the repository established pursuant to section 49-152 which includes the name of the property owner, the street address and legal description of the property and the legal description of the area on which the excavated soils which exceed remediation standards for residential exposure assumptions are placed. 3. Excavated soils that are reused at the site of excavation and that meet applicable background remediation levels allowed pursuant to chapter 1, article 4 of this title. 4. Nonexcavated soils. 5. Soils that are removed off site and that meet all predetermined residential remediation standards adopted by the department pursuant to chapter 1, article 4 of this title if the placement of soils at the off-site location meets all the requirements of the soil remediation standards adopted by the department pursuant to chapter 1, article 4 of this title. B. An owner of property who has actual knowledge that the property has been used for the disposal of excavated soils which do not meet predetermined residential soil remediation levels or remediation standards for residential exposure assumptions adopted by the department pursuant to chapter 1, article 4 of this title shall, prior to transferring ownership of the property, give written notice of the disposal of the excavated soils that do not meet predetermined residential soil remediation levels or remediation standards for residential exposure assumptions to the purchaser. Actions brought pursuant to this subsection for failure of the seller to provide such written notice to the purchaser shall proceed as other civil actions. 49-702. Authorization to accept funds or grants The department, counties and incorporated cities and towns may accept and expend any funds granted to them or otherwise made available by the federal government, any political subdivision of this state, any agency or branch of the federal or state government, or any private agency in order to carry out the purposes of this chapter. 49-703. Joint operation A. The department may cooperate with, coordinate or enter into agreements and memoranda of understanding with appropriate federal, state, political subdivision and tribal governments, and with other appropriate persons, both public and private, in carrying out its duties and promoting its objectives under this chapter. B. Each county, city or town may exercise authority to jointly own or operate, with any other person, any public facility within this state and also may enter into cooperative agreements as necessary and appropriate for the operation of any public facility. C. Each county, city or town may, either alone or in combination with any other county, city or town, contract with any person to provide any service required or authorized by this chapter. 49-704. Applicability of chapter to local regulations and services This chapter does not prevent any county, city or town from adopting and enforcing any ordinance, resolution or other policy relating to solid waste regulation or solid waste services if such policy is otherwise authorized by statute or charter and is not in conflict with this chapter or any rule or regulation adopted pursuant to this chapter. 49-705. Integration of solid waste programs The director shall consider and integrate federal and state laws and rules and all of the programs authorized in this chapter and those other programs regulating solid waste management that are administered by the department for purposes of administration and enforcement and shall avoid duplication and dual regulation to the maximum extent practicable. 49-706. Waste programs general permits; rules; fee A. The department may establish a general permit for any permit or license issued pursuant to this chapter. The general permit consists of the following: 1. The director may issue by rule a general permit for a defined class of facilities, activities or practices if all of the following apply: (a) The cost of issuing individual permits or licenses cannot be justified by any environmental or public health benefit that may be gained from issuing individual permits. (b) The facilities, activities or practices in the class are substantially similar in nature. (c) The director is satisfied that appropriate conditions under a general permit for operating the facilities or conducting the activity or practice will meet the applicable requirements prescribed in this chapter for the facility, activity or practice. 2. In addition to other applicable enforcement actions, if a person is in substantial noncompliance with the conditions of a general permit, the director may revoke coverage under the general permit for that person and require that the person obtain an individual permit. A general permit may be revoked, modified or suspended by rule if the director determines that any of the conditions prescribed in paragraph 1 no longer apply. 3. Rules adopted pursuant to paragraph 1 may require a person seeking coverage under a general permit to notify the director of the person's intent to operate pursuant to the general permit and to pay the applicable fee established by the director by rule. B. The director shall establish by rule fees for general permits pursuant to this section, including maximum fees. Fees collected pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, in the solid waste fee fund established by section 49-881. 49-721. Statewide solid waste management plan The department shall prepare and keep current a statewide solid waste management plan which establishes standards for solid waste facilities in cooperation with facility owners or operators, local governments and management agencies. The department shall notify solid waste management agencies and facility owners or operators of proposed changes to the plan at least three months prior to submission of the plan to the director for adoption. The department shall update and readopt the plan as determined necessary by the director. 49-722. Planning and technical assistance A. The department may provide technical and planning assistance as appropriate to solid waste facility owners or operators and management agencies, including the training of personnel. B. Each county, city or town may render technical assistance as appropriate to the state, counties, municipalities, local agencies, local health officers, private industries and others in the planning and operation of solid waste facilities. 49-723. Research and development A. The department may initiate, conduct and support research, development and demonstration projects and programs directed toward improving solid waste management, resource conservation and resource recovery methods, techniques, systems and facilities, or for preventing or mitigating the adverse effects of environmental pollution. B. Each county, city or town may conduct studies and investigations regarding new or improved methods of solid waste management and may coordinate the studies with other agencies. C. If the research, development or demonstration project is subject to solid waste facility plan requirements pursuant to section 49-762, the department may exempt the project from some or all of the plan review requirements for no more than one year. 49-724. Distribution of appropriated funds to local governments The department may develop criteria in consultation with local governments for the distribution of funds appropriated to county, city or town management agencies or their designated representatives, if funds have been appropriated for this purpose. 49-741. Local public facilities for solid waste management Each county, city or town shall: 1. Provide or otherwise ensure proper arrangements are made for public facilities at such intervals and as conveniently as the governing body deems necessary for the safe and sanitary disposal of solid waste generated within its jurisdiction but need not duplicate a service provided by a private enterprise or another political subdivision. 2. Comply with regulations adopted by the director in the administration of solid waste management programs. 49-742. User fees User fees may be established or waived by a county, city or town to cover all or part of the cost of development, construction, operation, administration and financing of solid waste management activities. 49-743. Commercial permits Each county, city or town may require that persons using public facilities provided by it obtain permits if determined necessary for the purpose of regulating, identifying and determining specific categories of waste and waste haulers. 49-744. Salvaging A management agency may permit salvaging, but such salvaging shall be supervised and strictly controlled. Each county, city or town may regulate salvaging of solid waste at any public facility it provides. 49-745. Ownership of solid waste Solid waste offered or set out for collection, transportation, storage, disposal or recovery becomes, on acceptance by a management agency or solid waste facility, the sole property of the accepting management agency or solid waste facility. 49-746. Private enterprise recycling and solid waste management; definitions A. A municipality of this state shall not prohibit or unreasonably restrain a private enterprise from delivering recycling or solid waste management services to commercial, industrial or multifamily residential properties within or to the municipality. B. The municipality shall prescribe rules for the delivery of recycling and solid waste management services for commercial, industrial and multifamily residential properties that promote availability of these services and competition in the delivery of these services. C. A municipality of this state shall not be mandated to provide recycling and solid waste management services to commercial, industrial and multifamily residential properties. D. Multifamily residential properties shall provide the applicable municipality with at least a sixty calendar day notice to terminate recycling or solid waste management services. E. For the purposes of this section: 1. "Dwelling unit" has the same meaning prescribed in section 33-1310. 2. "Multifamily residential properties" means any real property that has one or more structures and that contains five or more dwelling units for rent or lease that are subject to title 33, chapter 10. 49-747. Annual registration of solid waste landfills; fee; disposition of revenue A. All solid waste landfills shall be registered annually with the department. B. The director shall establish a procedure for mailing registration forms each year to the owners of all solid waste landfills. The registration is valid for one year after the date of registration. C. At the time of registration, the owner of a solid waste landfill shall pay to the department an annual fee. The department shall establish by rule an annual fee, including a maximum fee. D. All monies collected pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, in the solid waste fee fund established by section 49-881. The director may authorize the expenditure of monies from the solid waste fee fund to pay the reasonable and necessary costs of administering the registration program pursuant to section 49-881. 49-761. Rulemaking authority for solid waste facilities; exemption; financial assurance; recycling facilities A. The department shall adopt rules regarding the storage, processing, treatment and disposal of solid waste as prescribed by subsections B through M of this section. In adopting rules, the department shall consider the nature of the waste streams at the facilities to be regulated. The department shall also consider other applicable federal and state laws and rules in an effort to avoid practices or requirements that duplicate, are inconsistent with or will result in dual regulation with other applicable rules and laws. Facilities that obtain and maintain coverage under a general permit established by the department pursuant to section 49-706 are exempt from rules adopted pursuant to this section. In adopting rules for solid waste facilities, the director may include requirements for corrective actions in response to a release, as defined in section 49-281, from a solid waste facility that violates or results in a violation of any provision of this chapter, rule adopted pursuant to this chapter or solid waste facility plan approved pursuant to this chapter. These rules shall be consistent with section 49-762.08, subsection B, subsection C, paragraphs 1 and 2 and subsections D and E. B. For purposes of administering 42 United States Code section 6945, as amended November 8, 1984, 40 C.F.R. part 258 is adopted by reference except as prescribed by paragraph 2 of this subsection. This subsection, as it applies to municipal solid waste landfills, governs if there is any conflict between this subsection and any other statute relating to solid waste. Municipal solid waste landfill facility plans submitted pursuant to section 49-762 shall comply with this subsection. In administering this subsection or in adopting or administering any rules adopted pursuant to this subsection, the department shall ensure that any discretion allowed to a director of an approved state pursuant to the federal regulations is maintained. The following apply to the department's administration of 42 United States Code section 6945 and to the department's adoption of rules for municipal solid waste landfills: 1. The department may adopt rules for municipal solid waste landfills. Rules adopted pursuant to this paragraph shall not be more stringent than or conflict with 40 C.F.R. part 258 for nonprocedural standards, except that the department may adopt aquifer protection standards that are more stringent than 40 C.F.R. part 258 if those standards are consistent with and not more stringent than standards developed pursuant to chapter 2, article 3 of this title, or if the standards are adopted pursuant to article 9 of this chapter. Rules adopted pursuant to this paragraph are effective on the concurrence of the administrator with this state's municipal solid waste landfill program. 2. 40 C.F.R. part 258, table I is not adopted in its entirety. The department shall use aquifer water quality standards that have been adopted by the department pursuant to section 49-223 and shall use those portions of table I that are more restrictive than the standards adopted pursuant to section 49-223. C. The department shall adopt rules for those solid waste land disposal facilities that are not municipal solid waste landfills and that are not regulated by the coal combustion residuals program established pursuant to article 11 of this chapter. Rules adopted pursuant to this subsection shall not be more stringent than or conflict with 40 C.F.R. part 257, subparts A and B for nonprocedural standards, except that the department may adopt aquifer protection standards that are more stringent than 40 C.F.R. part 257, subparts A and B if these standards are consistent with and not more stringent than standards developed pursuant to chapter 2, article 3 of this title, or if the standards are adopted pursuant to article 9 of this chapter. In administering this subsection, the department shall ensure that any discretion allowed to a director of an approved state pursuant to the federal regulations is maintained in the department's rules. Aquifer protection provisions adopted pursuant to this subsection do not apply to an owner or operator of a solid waste facility if the owner or operator submits an administratively complete application for an aquifer protection permit pursuant to chapter 2, article 3 of this title before the date that the owner or operator is required to submit a solid waste facility plan. D. The department shall adopt rules to define biohazardous medical waste and to regulate biohazardous medical waste and medical sharps to include all of the following: 1. A definition for biohazardous medical waste that includes wastes that contain material that is likely to transmit etiologic agents that have been shown to cause or contribute to increased human morbidity or mortality of epidemiologic significance. The department shall consult with the department of health services in making this determination. 2. Reasonably necessary rules regarding the storage, collection, transportation, treatment and disposal of biohazardous medical waste and medical sharps, beginning with the placement by the generator of the waste in containers for the purpose of waste collection. The department shall require payment of a fee for the licensure of a transporter of biohazardous medical waste. The department shall establish by rule a fee for the licensure of a transporter of biohazardous medical waste, including a maximum fee. The fees shall be deposited, pursuant to sections 35-146 and 35-147, in the solid waste fee fund established by section 49-881. In the case of self-hauling of waste by the generator, all storage facilities under the generator's control and all waste handling practices including storage, treatment and transportation shall be in accordance with these rules. The department shall also adopt reasonably necessary rules regarding the tracking of biohazardous medical waste and medical sharps. 3. Rules that require facilities that receive plan approval under section 49-762, subsection A, paragraph 3 to pay an annual fee as established by rule. The department shall deposit, pursuant to sections 35-146 and 35-147, fees in the solid waste fee fund established by section 49-881. E. The department may adopt reasonably necessary rules regarding the storage, collection, transportation, treatment and disposal of nonbiohazardous medical waste beginning with the placement by the generator of the waste in containers for the purpose of waste collection. In the case of self-hauling of the waste by the generator, all storage facilities under the generator's control and all waste handling practices including storage, treatment and transportation shall be in accordance with these rules. F. The department shall adopt rules for the application of sludge from a wastewater treatment facility to land for use as fertilizer or beneficial soil amendment. For the purposes of this subsection, "sludge" has the same meaning as sewage sludge as defined in 40 Code of Federal Regulations section 122.2 in effect on January 1, 1998. G. The department shall adopt rules regarding the storage, processing, treatment or disposal of solid waste at solid waste facilities that are identified in section 49-762.01. The rules shall allow the owner or operator to certify compliance with the department's statutes and rules instead of obtaining a solid waste facility plan approval. The rules shall provide that the applicant at its option may request approval of a solid waste facility plan rather than certifying compliance. H. The department shall issue by rule best management practices for the classes of solid waste facilities set forth in section 49-762.02. The department shall establish fees in rules for solid waste facilities. The department shall deposit, pursuant to sections 35-146 and 35-147, fees in the solid waste fee fund established by section 49-881. I. The department shall adopt reasonably necessary rules establishing minimum standards for storing, collecting, transporting, disposing and reclaiming solid waste, including garbage, trash, rubbish, manure and other objectionable wastes. These rules shall provide for inspecting premises, containers, processes, equipment and vehicles, and for abating as environmental nuisances any premises, containers, processes, equipment or vehicles that do not comply with the minimum standards of these rules. The rules adopted pursuant to this subsection do not apply to sites that are either regulated by section 49-762, 49-762.01 or 49-762.02 or exempted from the definition of solid waste facility in section 49-701 or from the definition of solid waste in section 49-701.01. Notwithstanding any other provision of this subsection, rules adopted pursuant to this subsection shall apply to defining environmental nuisances pursuant to section 49-141. J. The department shall adopt rules relating to financial assurance requirements. The rules shall indicate the types of financial assurance mechanisms to be required and the content, terms and conditions of each financial mechanism, including circumstances under which the department may take action on the financial assurance mechanism for facility closure, postclosure care if necessary and corrective action for known releases. The department shall establish fees in rule. The department shall deposit, pursuant to sections 35-146 and 35-147, fees in the solid waste fee fund established by section 49-881. The financial assurance mechanisms shall include all of the following: 1. Surety bond. 2. Certificate of deposit. 3. Trust fund with pay-in period. 4. Letter of credit. 5. Insurance policy. 6. Certificate of self-insurance. 7. Deposit with the state treasurer. 8. Evidence of ability to meet any of the following: (a) Corporate financial test. (b) Local government financial test. (c) Corporate guarantee test. (d) Local government guarantee test. (e) Political subdivision financial test that shall require the department to consider the entity's bond rating, income stream, assets, liabilities and assessed valuation of taxable property. 9. Multiple financial assurance mechanisms. 10. Additional financial assurance mechanisms that may be acceptable to the director. K. The department shall adopt rules that prescribe standards to be used in determining if a site is a recycling facility. L. The director may adopt rules that prescribe standards to be used in determining if a solid waste facility includes significant solid waste transfer activities that warrant the facility's regulation as a transfer facility. M. The department shall adopt facility design, construction, operation, closure and postclosure maintenance rules for biosolids processing facilities and waste composting facilities that must obtain plan approval pursuant to section 49-762. The department shall require facilities that receive plan approval pursuant to section 49-762 to pay an annual fee. The department shall establish by rule the annual fee. The department shall deposit, pursuant to sections 35-146 and 35-147, fees in the solid waste fee fund established by section 49-881. 49-762. Facilities requiring solid waste facility plans; exemption A. The owner or operator of the following solid waste facilities shall obtain approval of a solid waste facility plan in accordance with sections 49-762.03 and 49-762.04: 1. Solid waste land disposal facilities except those facilities regulated by 40 Code of Federal Regulations part 257, subpart D or the coal combustion residuals program that is established pursuant to article 11 of this chapter and that is approved by the United States environmental protection agency in accordance with 42 United States Code section 6945(d)(1). 2. Biosolids processing facilities. 3. Medical waste facilities. 4. Special waste facilities. 5. Municipal solid waste landfills. 6. Commercial or government-owned waste composting facilities. 7. A site at which at least five hundred waste tires are stored on any day and any tire is stored for more than twelve months unless the site is a waste tire collection site owned by a municipality or a county. B. Facilities that obtain and maintain coverage under a general permit established by the department pursuant to section 49-706 are exempt from submitting a solid waste facility plan pursuant to this section. 49-762.01. Facilities requiring self-certification The owner or operator of all solid waste facilities that are not listed in either section 49-762 or 49-762.02 or are not regulated under 40 Code of Federal Regulations part 257, subpart D or under article 11 of this chapter in a program approved by the United States environmental protection agency shall comply with self-certification procedures prescribed by section 49-762.05. A waste tire facility that is not required to obtain solid waste facility plan approval pursuant to section 49-762, paragraph 7 must comply with self-certification procedures as prescribed in section 49-762.05. 49-762.02. Facilities subject to best management practices; rules The following solid waste facilities are subject to best management practices adopted in accordance with section 49-761, subsection H: 1. Transfer facilities that have a daily solid waste throughput of one hundred eighty cubic yards or less. 2. Recycling facilities that are located off site, that are used for the collection of recyclable material, that have a storage capacity of one hundred eighty cubic yards or less and that store the recyclable material for less than ninety days. 3. Recycling facilities that are located on site and that are used solely for the collection and storage of recyclable material for less than one hundred eighty days. 4. Closed loop recycling facilities that are located at the site of waste generation. 5. A site at which more than five hundred and fewer than five thousand waste tires are stored on any day and that is not required to obtain solid waste facility plan approval pursuant to section 49-762, subsection A, paragraph 7. 6. A solid waste facility where only asbestos-containing waste materials from manufactured products are stored, processed, treated or disposed. The best management practices for these facilities that shall apply are as follows: (a) For solid waste facilities handling asbestos-containing waste materials that are regulated under the national emission standards for hazardous air pollutants in 40 Code of Federal Regulations part 61, subpart M: (i) The national emission standards for hazardous air pollutants that are incorporated by reference in the rules adopted pursuant to chapter 3 of this title. (ii) For solid waste land disposal facilities that are not municipal solid waste landfills, 40 Code of Federal Regulations part 257, subparts A and B. (iii) For solid waste land disposal facilities, financial assurance pursuant to the requirements and time frames of section 49-770. (iv) Solid waste facility notification pursuant to section 49-762.05, subsection B, paragraph 5. (v) Compliance with local zoning laws or section 49-767, if applicable. (b) For solid waste facilities handling asbestos-containing waste materials that are not regulated under the national emission standards for hazardous air pollutants in 40 Code of Federal Regulations part 61, subpart M: (i) Compliance with section 49-762.07. (ii) Compliance with local zoning laws or section 49-767, if applicable. 7. Any other solid waste facility that the director determines by rule should be subject to best management practices. 49-762.03. Solid waste facility plan approval A. Except as provided in subsections C and E of this section, the owner or operator of a solid waste facility identified in section 49-762 shall obtain the department's approval of a solid waste facility plan as follows: 1. For a new solid waste facility and before commencing construction of the solid waste facility, the owner or operator shall obtain approval of a solid waste facility plan that satisfies rules adopted by the director. 2. For an existing solid waste facility, the owner or operator shall file with the department a solid waste f