Definitions

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As used in this subchapter:

  1. (1) “Alleged violator” means a person that has been issued an environmental citation under this subchapter by an environmental officer;

  2. (2) “Cost statement” means a verified written statement that accounts for the cost of solid waste removal or other remediation, including without limitation receipts, and establishes that:

    1. (A) The solid waste was removed from the location or the environmental violation at the location was otherwise remediated; and

    2. (B) The solid waste was properly disposed of at one (1) or more of the following facilities:

      1. (i) A permitted solid waste disposal facility;

      2. (ii) A permitted solid waste processing facility;

      3. (iii) A recycling center;

      4. (iv) A scrap yard that purchases iron, steel, aluminum, or other metals; or

      5. (v) Any other facility that an environmental officer finds to be a proper disposal facility for the solid waste;

  3. (3) “Environmental officer” means an employee of a city, county, municipality, regional solid waste management district created under § 8-6-701 et seq., or state agency, board, or commission who has:

    1. (A) Completed all requirements under this subchapter, including without limitation completing required training and passing the required examination, obtaining certification, being sworn in, and maintaining certification through continuing education; and

    2. (B) Authority to enter land to investigate and inspect as provided under § 8-1-107 to enforce environmental laws under the authority of the Division of Environmental Quality;

  4. (4) “Environmental violation” means an act or omission that:

    1. (A) Is prohibited under § 8-6-2005; or

    2. (B) Causes or results in the violation of a state law, rule, or order that is:

      1. (i) Designed to protect the public health, safety, or welfare; and

      2. (ii) Applicable to this subchapter under § 8-6-2004;

  5. (5) “Illegal dumping of solid waste” means the illegal placing, depositing, dumping, or causing to be placed, deposited, or dumped by a person any solid waste that is prohibited by this chapter:

    1. (A) In or upon a public or private highway, road, or street, including a portion of the right-of-way in or upon a public or private highway, road, or street;

    2. (B) In or upon private property into or upon which the public is admitted by easement or license of the private property;

    3. (C) In or upon a public park or other public property; or

    4. (D) Upon property for which a permit has not been issued by the division;

  6. (6)

    1. (A) “Illegal dump site” means a place where solid waste is disposed of in a manner that is prohibited by this chapter.

    2. (B) “Illegal dump site” includes a place where one (1) or more of the following exists:

      1. (i) An attractive nuisance;

      2. (ii) A fire, health, or safety hazard;

      3. (iii) A potential source of surface or groundwater contamination;

      4. (iv) A waste tire site as defined in § 8-9-402; or

      5. (v) Other contamination that is hazardous to the public health or endangers the environment; and

  7. (7) “Person” means an individual, municipality, other governmental entity, or other entity that is recognized by law with rights and duties.


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