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(r)Materials recovery facility – includes a solid waste transfer
station or sorting station, drop-off center, a composting facility,
and a recycling facility;
(s) Municipal waste shall refer to wastes produced from activities
within local government units which include a combination of
domestic, commercial, institutional and industrial wastes and street
litters;
(t)Open dump shall refer to a disposal area wherein the solid wastes
are indiscriminately thrown or disposed of without due planning and
consideration for environmental and health standards;
(u) Opportunity to recycle shall refer to the act of providing a
place for collecting source-separated recyclable material, located
either at a disposal site or at another location more convenient to
the population being served, and collection at least once a month of
source-separated recyclable material from collection service
customers and to providing a public education and promotion program
that gives notice to each person of the opportunity to
recycle and encourage source separation of recyclable material;
(v) Person(s) shall refer to any being, natural or juridical,
susceptible of rights and obligations, or of being the subject of
legal relations;
(w) Post-consumer material shall refer only to those materials or
products generated by a business or consumer which have served their
intended end use, and which have been separated or diverted from
solid waste for the purpose of being collected, processed and used
as a raw material in the manufacturing of recycled product,
excluding materials and by-products generated from, and commonly
used within an original manufacturing process, such as mill scrap;
(x) Receptacles shall refer to individual containers used for the
source separation and the collection of recyclable materials;
(y) Recovered material shall refer to material and by-products that
have been recovered or diverted from solid waste for the purpose of
being collected, processed and used as a raw material in the
manufacture of a recycled product;
(z) Recyclable material shall refer to any waste material retrieved
from the waste stream and free from contamination that can still be
converted into suitable beneficial use or for other purposes,
including, but not limited to, newspaper, ferrous scrap metal,
non-ferrous scrap metal, used oil, corrugated cardboard, aluminum,
glass, office paper, tin cans and other materials as may be
determined by the Commission;
(aa) Recycled material shall refer to post-consumer material that
has been recycled and returned to the economy;
(bb) Recycling shall refer to the treating of used or waste
materials through a process of making them suitable for beneficial
use and for other purposes, and includes any process by which solid
waste materials are transformed into new products in such a manner
that the original products may lose their identity, and which may be
used as raw materials for the production of other goods or services:
Provided, That the collection, segregation and re-use of
previously used packaging material shall be deemed recycling under
this Act;
(cc) Resource conservation shall refer to the reduction of the
amount of solid waste that are generated or the reduction of overall
resource consumption, and utilization of recovered resources;
(dd) Resource recovery shall refer to the collection, extraction or
recovery of recyclable materials from the waste stream for the
purpose of recycling, generating energy or producing a product
suitable for beneficial use:
Provided, That, such resource recovery facilities exclude
incineration;
(ee) Re-use shall refer to the process of recovering materials
intended for the same or different purpose without the alteration of
physical and chemical characteristics;
(ff) Sanitary landfill shall refer to a waste disposal site
designed, constructed, operated and maintained in a manner that
exerts engineering control over significant potential environmental
impacts arising from the development and operation of the facility;
(gg) Schedule of Compliance shall refer to an enforceable sequence
of actions or operations to be accomplished within a stipulated time
frame leading to compliance with a limitation, prohibition, or
standard set forth in this Act or any rule or regulation issued
pursuant thereto;
(hh) Secretary shall refer to the Secretary of the Department of
Environment and Natural Resources;
(ii) Segregation shall refer to a solid waste management practice of
separating different materials found in solid waste in order to
promote recycling and re-use of resources and to reduce the volume
of waste for collection and disposal;
(jj) Segregation at source shall refer to a solid waste management
practice of separating, at the point of origin, different materials
found in solid waste in order to promote recycling and re-use of
resources and to reduce the volume of waste for collection and
disposal;
(kk) Solid waste shall refer to all discarded household, commercial
waste, non-hazardous institutional and industrial waste, street
sweepings, construction debris, agriculture waste, and other
non-hazardous/non-toxic solid waste.
Unless specifically noted otherwise, the term “solid waste” as
used in this Act shall not include:
(1) waste identified or listed as hazardous waste of a solid,
liquid, contained gaseous or semisolid form which may cause or
contribute to an increase in mortality or in serious or
incapacitating reversible illness, or acute/chronic effect on the
health of persons and other organisms;
(2) infectious waste from hospitals such as equipment, instruments,
utensils, and fomites of a disposable nature from patients who are
suspected to have or have been diagnosed as having communicable
diseases and must therefore be isolated as required by public health
agencies, laboratory wastes such as pathological specimens (i.e.,
all tissues, specimens of blood elements, excreta, and secretions
obtained from patients or laboratory animals), and disposable
fomites that may harbor
or transmit pathogenic organisms, and surgical operating room
pathologic specimens and disposable fomites attendant thereto, and
similar disposable materials from outpatient areas and emergency
rooms; and
(3) waste resulting from mining activities, including contaminated
soil and debris.
(ll) Solid waste management shall refer to the discipline associated
with the control of generation, storage, collection, transfer and
transport, processing, and disposal of solid wastes in a manner that
is in accord with the best principles of public health, economics,
engineering, conservation, aesthetics, and other environmental
considerations, and that is also responsive to public attitudes;
(mm)Solid waste management facility shall refer to any resource
recovery system or component thereof; any system, program, or
facility for resource conservation; any facility for the collection,
source separation, storage, transportation, transfer, processing,
treatment, or disposal of solid waste;
(nn) Source reduction shall refer to the reduction of solid waste
before it enters the solid waste stream by methods such as product
design, materials substitution, materials re-use and packaging
restrictions;
(oo) Source separation shall refer to the sorting of solid waste
into some or all of its component parts at the point of generation;
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