§ 23.1-08-02 — Definitions

1. "Auxiliary container" means a bag, cup, bottle, straw, or other packaging, whether
reusable or single-use, which is:
a. Made of cloth, paper, plastic, corrugated material, aluminum, glass,
postconsumer recycled material, or a similar material or substrate, including a
coated, laminated, or multilayer substrate; and
b. Designated for transporting, consuming, or protecting merchandise, food, or
beverages from or at a food service or retail facility.
2. "Collection" means the aggregation of solid waste from the places at which the waste
was generated.
3. "Department" means the department of environmental quality.
4. "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or
placing of any solid waste into or on any land or water including ground water.
5. "Industrial waste" means solid waste, which is not a hazardous waste regulated under
chapter 23.1-04, generated from the combustion or gasification of municipal waste and
from industrial and manufacturing processes. The term does not include municipal
waste or special waste.
6. "Infectious waste" means solid waste that may contain pathogens with sufficient
virulence and in sufficient quantity that exposure of a susceptible human or animal to
the solid waste could cause the human or animal to contract an infectious disease.
7. "Landfill" means a publicly or privately owned area of land where solid wastes are
permanently disposed.
8. "Litter" means discarded and abandoned solid waste materials that are not special
waste or industrial waste.
9. "Major appliance" means an air conditioner, clothes dryer, clothes washer, dishwasher,
freezer, microwave oven, oven, refrigerator, stove, furnace, water heater, humidifier,
dehumidifier, garbage disposal, trash compactor, or similar appliance.
10. "Municipal waste" means solid waste that includes garbage; refuse; and trash
generated by households, motels, hotels, recreation facilities, public and private
facilities; and commercial, wholesale, private, and retail businesses. The term does not
include special waste or industrial waste.
11. "Open burning" means the combustion of solid waste without control of combustion air
to maintain adequate temperature for efficient combustion, containment of the

combustion reaction in an enclosed device to provide sufficient residence time and
mixing for complete combustion, and control of the emission of the combustion
products.
12. "Political subdivision" means a city, county, township, or solid waste management
authority.
13. "Resource recovery" means the use, reuse, or recycling of materials, substances,
energy, or products contained within or derived from solid waste.
14. "Solid waste" means any garbage; refuse; sludge from a waste treatment plant, water
supply treatment plant, or air pollution control facility; and other discarded material,
including solid, liquid, semisolid, or contained gaseous material resulting from
industrial, commercial, mining, and agricultural operations, and from community
activities. The term does not include:
a. Agricultural waste, including manures and crop residues, returned to the soil as
fertilizer or soil conditioners; or
b. Solid or dissolved materials in domestic sewage, or solid or dissolved material in
irrigation return flows or industrial discharges that are point sources subject to
permits under section 402 of the Federal Water Pollution Control Act, as
amended [Pub. L. 92-500; 86 Stat. 816; 33 U.S.C. 1251 et seq.], or source,
special nuclear, or byproduct material as defined by the Atomic Energy Act of
1954, as amended [68 Stat. 919; 42 U.S.C. 2011 et seq.].
15. "Solid waste management" means the purposeful systematic control of the storage,
collection, transport, composting, resource recovery, land treatment, and disposal of
solid waste.
16. "Special waste" means solid waste that is not a hazardous waste regulated under
chapter 23.1-04 and includes waste generated from energy conversion facilities; waste
from crude oil and natural gas exploration and production; waste from mineral and ore
mining, beneficiation, and extraction; and waste generated by surface coal mining
operations. The term does not include municipal waste or industrial waste.
17. "Storage" means the containment and holding of solid waste after generation for a
temporary period, at the end of which the solid waste is processed for resource
recovery, treated, disposed of, or stored elsewhere.
18. "Transport" means the offsite movement of solid waste.