§ 30-20-1001 — Definitions

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
residentially generated solid wastes:

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

(b) In sewers, drainage systems, septic tanks, surface or groundwaters,
watercourses, or any body of water; or

(c) On the ground.

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

(a) Consists of lead and sulfuric acid;

(b) Is used as a power source; and

(c) Is not intended as a power source for consumer products.

(5) Lubricating oil means the fraction of crude oil or synthetic oil used to
reduce friction in motorized equipment. Lubricating oil includes rerefined oil.

(6) (a) Person means an individual.

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

(7) Residentially generated means used lead-acid batteries and used oil
generated by a person.

(8) 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.

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

(10) Solid wastes disposal shall have the same meaning as set forth in
section 30-20-101 (7).

(11) Solid wastes disposal site and facility shall have the same meaning as
set forth in section 30-20-101 (8).

(12) Repealed.

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

(14) Used lead-acid battery means any lead-acid battery that is no longer
functional or no longer used for its primary purpose.

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

(16) 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.

(17) 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.

Legislative History

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.