Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 04 - REGULATION OF WATER SUPPLY, SEWAGE DISPOSAL, AND SOLID WASTE › Chapter 26.04.13 - Food Residuals - Organics Recycling and Waste Diversion › Section 26.04.13.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this
				  chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Anaerobic digestion" means the
				  controlled anaerobic biological decomposition of organic waste material to
				  produce biogas and digestate.
(2)
				  "Animal mortality" means an animal carcass that is generated:
(a) At a farm during the normal course of
				  operations;
(b) At another location
				  and managed by State or local government as part of roadway or other
				  maintenance activities; or
(c) At a
				  farm or other location and managed under an emergency exemption under COMAR
				  26.04.11.06.
(3)
				  "Compostable products" means containers, films, or food service items, such as
				  bowls, plates, cups, or cutlery, composed of materials such as:
(a) Vegetable matter;
(b) Paper;
(c) Cardboard; and
(d) Compostable plastics that are, within the
				  length of time and process employed at the composting facility at which they
				  are used, capable of biological decomposition to a degree that they result in
				  marketable compost meeting the standards established by the Secretary of
				  Agriculture under Agriculture Article, §
												6-221, Annotated Code of
				  Maryland.
(4)
				  "Composting" means the controlled aerobic biological decomposition of organic
				  waste material.
(5) "Final
				  disposal" means the complete and ultimate disposal of solid waste.
(6) Food Residuals.
(a) "Food residuals" means material derived
				  from the processing or discarding of food, including pre- and post-consumer
				  vegetables, fruits, grains, dairy products, and meats.
(b) "Food residuals" does not include:
(i) Animal mortalities;
(ii) Compostable products; or
(iii) Wastewater that contains material
				  derived from the processing or discarding of food.
(7) "Generates" means creates
				  material destined for management in a refuse disposal system if not otherwise
				  diverted through reduction or recycling activities.
(8) Organics Recycling.
(a) "Organics recycling" means any process in
				  which organic materials are collected, separated, or processed and returned to
				  the marketplace in the form of raw materials or products.
(b) "Organics recycling" includes anaerobic
				  digestion and composting.
(9) "Organics recycling facility" means a
				  facility where organics recycling takes place.
(10) Person.
(a) "Person" means an individual, receiver,
				  trustee, guardian, personal representative, fiduciary, or representative of any
				  kind and any partnership, firm, association, corporation, or other
				  entity.
(b) "Person" includes:
(i) An individual facility owned or operated
				  by a local school system;
(ii) An
				  individual public primary or secondary school;
(iii) An individual nonpublic
				  school;
(iv) A supermarket,
				  convenience store, mini-mart, or similar establishment;
(v) A business cafeteria, school cafeteria,
				  or institutional cafeteria;
(vi) A
				  cafeteria operated by or on behalf of the State or a local
				  government;
(vii) A manufacturer,
				  processor, or similar establishment; and
(viii) Any other entity listed under
				  §B(10)(a) of this regulation that is not excluded under §B(10)(c) of this
				  regulation.
(c) "Person"
				  does not include:
(i) The aggregate of all
				  school buildings and facilities in a local school system; or
(ii) A restaurant establishment that
				  accommodates the public and is equipped with a dining room with facilities for
				  preparing and serving regular meals.
(11) Recyclable Materials.
(a) "Recyclable materials" means those
				  materials that:
(i) Would otherwise become
				  solid waste for disposal in a refuse disposal system; and
(ii) May be collected, separated, composted,
				  or processed and returned to the marketplace in the form of raw materials or
				  products.
(b) "Recyclable
				  materials" does not include incinerator ash.
(12) "Recycling" means any process in which
				  recyclable materials are collected, separated, or processed and returned to the
				  marketplace in the form of raw materials or products.
(13) "Refuse disposal system" includes:
(a) An incinerator;
(b) A transfer station;
(c) A landfill system;
(d) A landfill;
(e) A solid waste processing facility;
				  and
(f) Any other solid waste
				  acceptance facility.