Title 12, Chapter 8, Section 22
As used in this article, the term:
(1) "Affected county" means, in addition to the county in which a
facility is or is proposed to be located, each county contiguous
to the host county and each county and municipality within a
county that has a written agreement with the facility to dispose
of solid waste.
(1.1) "Biomedical waste" means pathological waste, biological waste cultures and stocks of infectious agents and associated biologicals, contaminated animal carcasses (body parts, their bedding, and other wastes from such animals), sharps, chemotherapy waste, discarded medical equipment and parts, not including expendable supplies and materials which have not been decontaminated, as further defined in Rule 391-3-4-.15 of the board, and other such waste materials.
(2) "Board" means the Board of Natural Resources of the State of
(3) "Certificate" means a document issued by a college or
university of the University System of Georgia or other
organization approved by the director stating that the operator
has met the requirements of the board for the specified operator
classification of the certification program.
(4) "Closure" means a procedure approved by the division which
provides for the cessation of waste receipt at a solid waste
disposal site and for the securing of the site in preparation for
(4.1) "Commercial solid waste" means all types of solid waste
generated by stores, offices, restaurants, warehouses, and other
nonmanufacturing activities, excluding residential and industrial
(5) "Composting" means the controlled biological decomposition of
organic matter into a stable, odor-free humus.
(6) "Contaminant" means any physical, chemical, biological, or
radiological substance or matter.
(7) "Director" means the director of the Environmental Protection
Division of the Department of Natural Resources.
(8) "Disposal facility" means any facility or location where the
final deposition of solid waste occurs and includes but is not
limited to landfilling and solid waste thermal treatment
(9) "Division" means the Environmental Protection Division of the
Department of Natural Resources.
(10) "Financial responsibility mechanism" means a mechanism
designed to demonstrate that sufficient funds will be available to
meet specific environmental protection needs of solid waste
handling facilities. Available financial responsibility mechanisms
include but are not limited to insurance, trust funds, surety
bonds, letters of credit, personal bonds, certificates of deposit,
financial tests, and corporate guarantees as defined in 40 C.F.R.
Part 264 Subpart H -- Financial Requirements.
(11) "Generator" means any person in Georgia or in any other state
who creates solid waste.
(12) "Hazardous constituent" means any substance listed as a
hazardous constituent in regulations promulgated pursuant to the
federal act by the administrator of the United States
Environmental Protection Agency which are in force and effect on
February 1, 1992, codified as Appendix VIII to 40 C.F.R. Part 261
-- Identification and Listing of Hazardous Waste.
(12.1) "Industrial solid waste" means solid waste generated by
manufacturing or industrial processes or operations that is not a
hazardous waste regulated under Part 1 of Article 3 of this
chapter, the "Georgia Hazardous Waste Management Act." Such waste
includes, but is not limited to, waste resulting from the
following manufacturing processes: Electric power generation;
fertilizer and agricultural chemicals; food and related products
and by-products; inorganic chemicals; iron and steel products;
leather and leather products; nonferrous metal and foundry
products; organic chemicals; plastics and resins; pulp and paper;
rubber and miscellaneous plastic products; stone, glass, clay, and
concrete products; textiles; transportation equipment; and water
treatment. This term does not include mining waste or oil and gas
(13) "Label" means a code label described in paragraphs (3) and (4) of subsection (b) of Code Section 12-8-34.
(14) "Landfill" means an area of land on which or an excavation in
which solid waste is placed for permanent disposal and which is
not a land application unit, surface impoundment, injection well,
or compost pile.
(15) "Leachate collection system" means a system at a landfill for
collection of the leachate which may percolate through the waste
and into the soils surrounding the landfill.
(16) "Manifest" means a form or document used for identifying the
quantity and composition and the origin, routing, and destination
of special solid waste during its transportation from the point of
generation, through any intermediate points, to the point of
disposal, treatment, or storage.
(17) "Materials recovery facility" means a solid waste handling
facility that provides for the extraction from solid waste of
recoverable materials, materials suitable for use as a fuel or
soil amendment, or any combination of such materials.
(17.1) "Multijurisdictional solid waste management plan" means a comprehensive solid waste plan adopted pursuant to Code Section 12-8-31.1 covering two or more jurisdictions.
(18) "Municipal solid waste" means any solid waste derived from
households, including garbage, trash, and sanitary waste in septic
tanks and means solid waste from single-family and multifamily
residences, hotels and motels, bunkhouses, campgrounds, picnic
grounds, and day use recreation areas. The term includes yard
trimmings and commercial solid waste but does not include solid
waste from mining, agricultural, or silvicultural operations or
industrial processes or operations.
(19) "Municipal solid waste disposal facility" means any facility
or location where the final deposition of any amount of municipal
solid waste occurs, whether or not mixed with or including
commercial or industrial solid waste, and includes, but is not
limited to, municipal solid waste landfills and municipal solid
waste thermal treatment technology facilities.
(20) "Municipal solid waste landfill" means a disposal facility
where any amount of municipal solid waste, whether or not mixed
with or including commercial waste, industrial waste, nonhazardous
sludges, or small quantity generator hazardous waste, is disposed
of by means of placing an approved cover thereon.
(21) "Operator" means the person stationed on the site who is in
responsible charge of and has direct supervision of daily field
operations of a municipal solid waste disposal facility to ensure
that the facility operates in compliance with the permit.
(22) "Person" means the State of Georgia or any other state or any
agency or institution thereof and any municipality, county,
political subdivision, public or private corporation, solid waste
authority, special district empowered to engage in solid waste
management activities, individual, partnership, association, or
other entity in Georgia or any other state. This term also
includes any officer or governing or managing body of any
municipality, political subdivision, solid waste authority,
special district empowered to engage in solid waste management
activities, or public or private corporation in Georgia or any
other state. This term also includes employees, departments, and
agencies of the federal government.
(23) "Postclosure" means a procedure approved by the division to
provide for long-term financial assurance, monitoring, and
maintenance of a solid waste disposal site to protect human health
and the environment.
(24) "Private industry solid waste disposal facility" means a
disposal facility which is operated exclusively by and for a
private solid waste generator for the purpose of accepting solid
waste generated exclusively by said private solid waste generator.
(25) "Recovered materials" means those materials which have known
use, reuse, or recycling potential; can be feasibly used, reused,
or recycled; and have been diverted or removed from the solid
waste stream for sale, use, reuse, or recycling, whether or not
requiring subsequent separation and processing.
(26) "Recovered materials processing facility" means a facility
engaged solely in the storage, processing, and resale or reuse of
recovered materials. Such term shall not include a solid waste
handling facility; provided, however, any solid waste generated by
such facility shall be subject to all applicable laws and
regulations relating to such solid waste.
(27) "Recycling" means any process by which materials which would
otherwise become solid waste are collected, separated, or
processed and reused or returned to use in the form of raw
materials or products.
(27.1) "Regional landfill or regional solid waste disposal
facility" means a facility owned by a county, municipality,
authority, or special district empowered to engage in solid waste
management activities, or any combination thereof, which serves
two or more or any combination of counties, municipalities, or
special solid waste districts.
(27.2) "Regional solid waste management plan" means a comprehensive solid waste plan adopted pursuant to Code Section 12-8-31.1 covering two or more counties and may include one or more municipal corporations within those counties.
(28) "Retreadable casing" means a scrap tire suitable for
(29) "Rigid plastic bottle" means any rigid plastic container with
a neck that is smaller than the container body with a capacity of
16 ounces or more and less than five gallons.
(30) "Rigid plastic container" means any formed or molded part
comprised predominantly of plastic resin, having a relatively
inflexible finite shape or form, and intended primarily as a
single-service container with a capacity of eight ounces or more
and less than five gallons.
(31) "Scrap tire" means a tire that is no longer suitable for its
original intended purpose because of wear, damage, or defect.
(32) "Scrap tire carrier" means any person engaged in picking up
or transporting scrap tires for the purpose of removal to a scrap
tire processor, end user, or disposal facility.
(33) "Solid waste" means any garbage or refuse; sludge from a
wastewater treatment plant, water supply treatment plant, or air
pollution control facility; and other discarded material including
solid, semisolid, or contained gaseous material resulting from
industrial, commercial, mining, and agricultural operations and
community activities, but does not include recovered materials;
solid or dissolved materials in domestic sewage; solid or
dissolved materials in irrigation return flows or industrial
discharges that are point sources subject to permit under 33
U.S.C. Section 1342; or source, special nuclear, or by-product
material as defined by the federal Atomic Energy Act of 1954, as
amended (68 Stat. 923).
(34) "Solid waste handling" means the storage, collection,
transportation, treatment, utilization, processing, or disposal of
solid waste or any combination of such activities.
(35) "Solid waste handling facility" means any facility the
primary purpose of which is the storage, collection,
transportation, treatment, utilization, processing, or disposal,
or any combination thereof, of solid waste.
(36) "Solid waste thermal treatment technology" means any solid
waste handling facility the purpose of which is to reduce the
amount of solid waste to be disposed of through a process of
combustion, with or without the process of waste to energy.
(37) "Special solid waste" means any solid waste not otherwise regulated under Part 1 of Article 3 of this chapter, known as the "Georgia Hazardous Waste Management Act," and regulations promulgated under such part originating or produced from or by a source or generator not subject to regulation under Code Section 12-8-24.
(38) "Tire" means a continuous solid or pneumatic rubber covering
designed for encircling the wheel of a motor vehicle and which is
neither attached to the motor vehicle nor a part of the motor
vehicle as original equipment.
(39) "Tire retailer" means any person engaged in the business of
selling new replacement tires.
(40) "Tire retreader" means any person actively engaged in the
business of retreading scrap tires by scarifying the surface to
remove the old surface tread and attaching a new tread to make a
(41) "Waste to energy facility" means a solid waste handling
facility that provides for the extraction and utilization of
energy from municipal solid waste through a process of combustion.
(42) "Yard trimmings" means leaves, brush, grass clippings, shrub
and tree prunings, discarded Christmas trees, nursery and
greenhouse vegetative residuals, and vegetative matter resulting
from landscaping development and maintenance other than mining,
agricultural, and silvicultural operations.