§ 9-1701

(a) In this subtitle the following words have the meanings indicated.

(b) “Anaerobic digestion” means the controlled anaerobic biological decomposition of organic waste material to produce biogas and digestate.

(b–1) (1) “Architectural paint” means interior and exterior architectural coatings sold in containers of 5 gallons or less.

(2) “Architectural paint” does not include industrial coatings, original equipment coatings, or specialty coatings.

(c) “Compost” means the product of composting in accordance with the standards established by the Secretary of Agriculture under § 6–221 of the Agriculture Article.

(d) “Composting” means the controlled aerobic biological decomposition of organic waste material in accordance with the standards established by the Secretary under this title.

(e) (1) “Composting facility” means a facility where composting takes place.

(2) “Composting facility” does not include a facility that is required to obtain:

(i) A natural wood waste recycling facility permit in accordance with this title;

(ii) A sewage sludge utilization permit in accordance with this title; or

(iii) A refuse disposal permit in accordance with this title.

(f) (1) “Computer” means a desktop personal computer or laptop computer, including the computer monitor.

(2) “Computer” does not include:

(i) A personal digital assistant device; or

(ii) A computer peripheral device, including:

1. A mouse or other similar pointing device;

2. A printer; or

3. A detachable keyboard.

(g) (1) “Covered electronic device” means a computer or video display device with a screen that is greater than 4 inches measured diagonally.

(2) “Covered electronic device” does not include a video display device that is part of a motor vehicle or that is contained within a household appliance or commercial, industrial, or medical equipment.

(h) “Covered electronic device takeback program” means a program, established by a covered electronic device manufacturer or a group of covered electronic device manufacturers, for the collection and recycling, refurbishing, or reuse of a covered electronic device labeled with the name of the manufacturer or the manufacturer’s brand label, including:

(1) Providing, at no cost to the returner, a method of returning a covered electronic device to the manufacturer, including postage paid mailing packages or designated collection points throughout the State;

(2) Contracting with a recycler, local government, other manufacturer, or any other person; or

(3) Any other program approved by the Department.

(i) “Director” means the Director of the Office of Recycling.

(i–1) “Distributor” means a company that has a contractual relationship with one or more producers to market and sell architectural paint to retailers in the State.

(i–2) “Food residuals” means material derived from the processing or discarding of food, including pre– and post–consumer vegetables, fruits, grains, dairy products, and meats.

(j) “Manufacturer” means a person that is the brand owner of a covered electronic device sold or offered for sale in the State, by any means, including transactions conducted through sales outlets, catalogs, or the Internet.

(k) (1) “Natural wood waste” means tree and other natural vegetative refuse.

(2) “Natural wood waste” includes tree stumps, brush and limbs, root mats, logs, and other natural vegetative material.

(l) (1) “Natural wood waste recycling facility” means a facility where recycling services for natural wood waste are provided.

(2) “Natural wood waste recycling facility” does not include a collection or processing facility operated by:

(i) A nonprofit or governmental organization located in the State; or

(ii) A single individual or business that provides recycling services for its own employees or for its own recyclable materials generated on its own premises.

(m) “Office” means the Office of Recycling within the Department.

(n) (1) “Organics recycling” means any process in which organic materials or compostable packaging materials are collected, separated, or processed and returned to the marketplace in the form of raw materials or products.

(2) “Organics recycling” includes anaerobic digestion and composting.

(o) “Organics recycling facility” means a facility where organics recycling takes place.

(o–1) “Paint stewardship assessment” means the amount added to the purchase price of architectural paint sold in the State that is necessary to cover the Paint Stewardship Program’s cost of collecting, transporting, and processing postconsumer paint statewide.

(o–2) “Postconsumer paint” means architectural paint not used and no longer wanted by a purchaser.

(o–3) “Producer” means a manufacturer of architectural paint that sells, offers for sale, or distributes the paint in the State under the producer’s own name or brand.

(p) (1) “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.

(2) “Recyclable materials” does not include incinerator ash.

(q) “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.

(r) “Recycling services” means the services provided by persons engaged in the business of recycling, including the collection, processing, storage, purchase, sale, or disposition of recyclable materials.

(r–1) “Refuse disposal system” has the meaning stated in § 9–201 of this title.

(r–2) “Representative organization” means a nonprofit organization created by producers to implement a Paint Stewardship Program.

(r–3) “Retailer” means any person that offers architectural paint for sale at retail in the State.

(r–4) “Sale” or “sell” means any transfer of title for consideration, including remote sales conducted through sales outlets, catalogues, the Internet, or any other similar electronic means.

(s) (1) “Solid waste stream” means garbage or refuse that would, unless recycled, be disposed of in a refuse disposal system.

(2) “Solid waste stream” includes organic material capable of being composted that is not composted in accordance with regulations adopted under § 9–1725(b) of this subtitle.

(3) “Solid waste stream” does not include:

(i) Hospital waste;

(ii) Rubble;

(iii) Scrap material;

(iv) Land clearing debris;

(v) Sewage sludge; or

(vi) Waste generated by a single individual or business and disposed of in a facility dedicated solely for that entity’s waste.

(t) (1) “Video display device” means an electronic device with an output surface that displays or is capable of displaying moving graphical images or visual representations of image sequences or pictures that show a number of quickly changing images on a screen to create the illusion of motion.

(2) “Video display device” includes a device that is an integral part of the display and cannot easily be removed from the display by the consumer and that produces the moving image on the screen.

(3) A video display device may use a cathode–ray tube (CRT), liquid crystal display (LCD), gas plasma, digital light processing, or other image–projection technology.

(u) “White goods” includes:

(1) Refrigerators;

(2) Stoves;

(3) Washing machines;

(4) Dryers;

(5) Water heaters; and

(6) Air conditioners.

(v) (1) “Yard waste” means organic plant waste derived from gardening, landscaping, and tree trimming activities.

(2) “Yard waste” includes leaves, garden waste, lawn cuttings, weeds, and prunings.