Definitions.

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As used in this part 10, unless the context otherwise requires:

  1. "Consumer product" means any device that is primarily intended for personal or household use and is typically sold, distributed, or made available to the general population through retail or mail-order distribution. Such term does not include vehicles, motorcycles, wheelchairs, boats, or other forms of motive power. The term does include, but is not limited to, computers, games, telephones, radios, and similar electronic devices.

  2. "De minimis quantities of used oil" means small spills, leaks, or drippings from pumps, machinery, pipes, and other similar equipment during normal operations; except that the term shall not include used oil discarded as a result of abnormal operations resulting in substantial leaks, spills, or other releases.

  3. "Land disposal" means placing, discarding, or otherwise disposing of residentiallygenerated solid wastes:

  1. In any solid wastes disposal site and facility, transfer station, or treatment, storage, ordisposal facility operated by the state, a local government, or a private entity;

  2. In sewers, drainage systems, septic tanks, surface or groundwaters, watercourses, orany body of water; or

  3. On the ground.

(4) "Lead-acid battery" means a battery that:

  1. Consists of lead and sulfuric acid;

  2. Is used as a power source; and

  3. Is not intended as a power source for consumer products.

  1. "Lubricating oil" means the fraction of crude oil or synthetic oil used to reduce friction in motorized equipment. "Lubricating oil" includes rerefined oil.

  2. (a) "Person" means an individual.

(b) "Person" shall not include waste haulers as defined in subsection (16) of this section.

  1. "Residentially generated" means used lead-acid batteries and used oil generated by aperson.

  2. "Retailer" means any corporation, limited liability company, partnership, individual,sole proprietorship, joint-stock company, joint venture, or other private legal entity that engages in the sale of new lead-acid batteries or lubricating oil directly to the end user.

  3. "Solid waste" shall have the same meaning as set forth in section 30-20-101 (6).

  4. "Solid wastes disposal" shall have the same meaning as set forth in section 30-20101 (7).

  5. "Solid wastes disposal site and facility" shall have the same meaning as set forth insection 30-20-101 (8).

  6. Repealed.

  7. "Transfer station" shall have the same meaning as set forth in section 30-20-101 (9).

  8. "Used lead-acid battery" means any lead-acid battery that is no longer functional orno longer used for its primary purpose.

  9. "Used oil" means any residentially generated motor oil, refined from crude oil or asynthetic oil, that has been used and as a result of that use is contaminated by physical or chemical impurities.

  10. "Waste hauler" means any individual or any employee or agent of a partnership,private, county, or municipal corporation, firm, board of a metropolitan district, or other association of persons that haul waste under contract, agreement, or as otherwise provided by law, to solid wastes disposal sites and facilities.

  11. and (18) Repealed.

(19) "Wholesaler" means any corporation, limited liability company, partnership, individual, sole proprietorship, joint-stock company, joint venture, or other private legal entity that sells new lead-acid batteries or lubricating oil for resale.

Source: L. 2005: Entire part added, p. 1251, § 2, effective August 8. L. 2010: (17) amended, (HB 10-1018), ch. 421, p. 2180, § 13, effective June 10. L. 2014: (7), (8), and (19) amended and (12), (17), and (18) repealed, (HB 14-1352), ch. 351, p. 1594, § 7, effective July 1.


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