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Solid Waste Definitions

By state in alphabetical order:

Alabama

(126) Solid Waste - any garbage, rubbish, construction or demolition debris, ash, or sludge from a waste treatment facility, water supply plant, or air pollution control facility, and any other discarded materials, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, or agricultural operations or community activities, or materials intended for or capable of recycling, but which have not been diverted or removed from the solid waste stream. The term "solid waste" does not include recovered materials, solid or dissolved materials in domestic sewage, solid or dissolved material in irrigation return flows, or industrial discharges which are point sources subject to the National Pollutant Discharge Elimination System permits under the Federal Water Pollution Control Act, as amended, or the Alabama Waste Pollution Control Act, as amended; or source, special, nuclear, or by-product materials as defined by the Atomic Energy Act of 1954, as amended. Also excluded from this definition are land applications of crop residues, animal manure, and ash resulting exclusively from the combustion of wood during accepted agricultural operations, waste from silvicultural operations, or refuse as defined and regulated pursuant to the Alabama Surface Mining Act of 1969 (Article 1, Chapter 16, Title 9, Sections 9-16-1 to 9-16-15, Code of Alabama 1975). (127) Solid Waste Boundary.

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Alaska

(26) "Solid waste" means garbage, refuse, abandoned, or other discarded solid or semi-solid material, regardless of whether subject to decomposition, originating from any source.

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Arizona

13. "Household hazardous waste" means solid waste as described in 40 Code of Federal Regulations section 261.4(b)(1) as incorporated by reference in the rules adopted pursuant to chapter 5 of this title.

14. "Household waste" means any solid waste including garbage, rubbish and sanitary waste from septic tanks that is generated from households including single and multiple family residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds and day use recreation areas, not including construction debris, landscaping rubble or demolition debris.

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Arkansas

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, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include solid or dissolved materials in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permit under 33 U.S.C. 1342, or source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended (68 Stat. 923).

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California

40191. (a) Except as provided in subdivision (b), "solid waste" means all putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes.

(b) "Solid waste" does not include any of the following wastes:

  1. Hazardous waste, as defined in Section 40141.
  2. Radioactive waste regulated pursuant to the Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the Health and Safety Code).
  3. Medical waste regulated pursuant to the Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in Section 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to this division.

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Colorado

Any garbage, refuse, sludge from a wastewater 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.

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Connecticut

(3) "Solid waste" means unwanted or discarded solid, liquid, semisolid or contained gaseous material, including, but not limited to, demolition debris, material burned or otherwise processed at a resources recovery facility or incinerator, material processed at a recycling facility and sludges or other residue from a water pollution abatement facility, water supply treatment plant or air pollution control facility;

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Delaware

(53) "Solid waste" means any garbage, refuse, refuse-derived fuel, demolition and construction waste wood, 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, but does not include solid or dissolved material in domestic sewage, or solid or dissolved material in irrigation return flows or industrial discharges which are point sources subject to permits under this chapter, as amended, or source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954 [42 U.S.C. § 2011 et seq.], as amended. By-products of a uniform and known composition produced as a result of a production process are not solid wastes when incinerated onsite. All incinerators under state permit as of March 1, 2000, and renewal permit applications for these incinerators shall not come under the provisions of this section and § 6003 of this title.

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District of Columbia

"Solid waste" means garbage, refuse, or any other waste product including solid, liquid, semisolid, or contained gaseous material resulting from an industrial, commercial, or government operation or a community activity.

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Florida

"Solid waste" means : sludge unregulated under the Clean Water Act or Clean Air Act; sludge from a waste water treatment works, water supply treatment plant, or air pollution control facility; garbage, rubbish, refuse, special waste, or other discarded material resulting from domestic, industrial, commercial, mining, agricultural, or government operations. Materials not regulated as solid waste pursuant to this Chapter are; recovered materials, nuclear source or byproduct materials regulated under Chapter 404, Florida Statutes, or under the Federal Atomic Energy Act of 1954 as amended; suspended or dissolved materials in domestic sewage effluent or irrigation return flows, or other regulated point source discharges; regulated air emissions; and fluids or wastes associated with natural gas or crude oil exploration or production.

All waste that is not a Listed Hazardous or Characteristic Hazardous Waste is a solid waste. Refer to the Hazardous Waste Program summary for specifics.

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Georgia

"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, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations and from 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).

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Hawaii

"Household waste" means any solid waste (including garbage, trash, and sanitary waste in septic tanks) derived from households (including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas).

"Industrial solid waste" means solid waste generated by manufacturing or industrial processes that is not a hazardous waste regulated under Subtitle C of RCRA. Such waste may include, but is not limited to, waste resulting from electric power generation, water treatment, and the manufacture of the following products: fertilizers and agricultural chemicals; food and related products and byproducts; inorganic chemicals; iron and steel; leather and leather products; nonferrous metals; organic chemicals; plastics and resins; pulp and paper products; rubber and miscellaneous plastic products; stone, glass, clay and concrete products; textiles; and transportation equipment. This term does not include mining waste or oil and gas waste.

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Idaho

Solid waste is defined in Idaho's Solid Waste Management Rules (IDAPA 58.01.06) as 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, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations and from community activities. It does not include solid or dissolved materials in domestic sewage, or solid or dissolved material in irrigation return flows or industrial discharges which are point sources subject to certain permits, or source, special nuclear, or by-product material.

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Illinois

"Solid Waste" means a waste that is defined in this Section as an inert waste, as a putrescible waste, as a chemical waste or as a special waste, and which is not also defined as a hazardous waste pursuant to 35 Ill. Adm. Code 721.

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Indiana

IC 36-9-33-2 "Solid waste" defined

Sec. 2. As used in this chapter, "solid waste" has the meaning set forth in IC 36-9-30-2, except that the term does not include the following:

  1. Sludge, sewage, and other highly diluted water-carried materials or substances and those in gaseous forms.
  2. Metal, glass, paper, paperboard, or corrugated material that is stored, collected, or recovered for recycling.
  3. Waste regulated under IC 13-22-1 through IC 13-22-8 and IC 13-22-13 through IC 13-22-14.
  4. Waste generated by any person that disposes of the person's own waste in:
    1. a fully permitted sanitary landfill owned or leased by the person; or
    2. a resource recovery facility owned by the person; at the date of adoption of the ordinance by the unit.
  5. Waste generated by any agricultural activity.
  6. Waste generated by a new manufacturing or a commercial enterprise or by the expansion of an existing manufacturing or commercial enterprise.
  7. Other waste described in an ordinance adopted by the unit's legislative body.

As added by P.L.353-1985, SEC.2. Amended by P.L.1-1996, SEC.98.

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Iowa

23. "Solid waste" means garbage, refuse, rubbish, and other similar discarded solid or semisolid materials, including but not limited to such materials resulting from industrial, commercial, agricultural, and domestic activities. Solid waste may include vehicles, as defined by section 321.1, subsection 90. This definition does not prohibit the use of rubble at places other than a sanitary disposal project. "Solid waste" does not include any of the following:

  1. Hazardous waste regulated under the federal Resource Conservation and Recovery Act, 42 U.S.C. § 6921-6934.
  2. Hazardous waste as defined in section 455B.411, except to the extent that rules allowing for the disposal of specific wastes have been adopted by the commission
  3. Source, special nuclear, or by-product material as defined in the Atomic Energy Act of 1954, as amended to January 1, 1979
  4. Petroleum contaminated soil that has been remediated to acceptable state or federal standards

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Kansas

(a) "Solid waste" means garbage, refuse, waste tires as defined by K.S.A. 65-3424, and amendments thereto, and other discarded materials, including, but not limited to, solid, semisolid, sludges, liquid and contained gaseous waste materials resulting from industrial, commercial, agricultural and domestic activities. Solid waste does not include hazardous wastes as defined by subsection (f) of K.S.A. 65-3430, and amendments thereto, recyclables or the waste of domestic animals as described by subsection (a)(1) of K.S.A. 65-3409, and amendments thereto.

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Kentucky

SOLID WASTE. Any garbage, refuse, sludge and other discarded materials, including solid, liquid, semi-solid or contained gaseous material resulting from industrial, commercial, mining, agricultural operations and from community activities, but does not include those materials including sand, soil, rock, or gravel extracted as part of a public road project.

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Louisiana

Solid Waste - any garbage, refuse, or 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.

Solid waste does not include solid or dissolved material in domestic sewage; solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permits under R.S. 30:2074; source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (68 Stat. 923 et seq.), as amended (42 U.S.C. Section 2011 et seq.); or hazardous waste subject to permits under R.S. 30:2171 et seq.

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Maine

29. Solid waste. "Solid waste" means useless, unwanted or discarded solid material with insufficient liquid content to be free-flowing, including, but not limited to, rubbish, garbage, refuse-derived fuel, scrap materials, junk, refuse, inert fill material and landscape refuse, but does not include hazardous waste, biomedical waste, seepage or agricultural wastes. The fact that a solid waste or constituent of the waste may have value or other use or may be sold or exchanged does not exclude it from this definition.

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Maryland

.02 Definitions of Solid Waste.

  1. Solid Waste and Discarded Material.
    1. A solid waste is any discarded material that is not excluded by Regulation .04 of this chapter or that is not excluded by a variance granted under COMAR 26.13.01.04D and E.
    2. A discarded material is any material which is:
      1. Abandoned, as explained in §B of this regulation;
      2. Recycled, as explained in §C of this regulation;
      3. Considered inherently waste-like, as explained in §D of this regulation; or
      4. A military munition identified as a solid waste in COMAR 26.13.10.27B.
  2. Materials are solid waste if they are abandoned. For purposes of this subtitle, "abandoned" means:
    1. Disposed of;
    2. Burned or incinerated; or
    3. Accumulated, stored, or treated (but not recycled) before or instead of being abandoned by being disposed of, burned, or incinerated.
  3. Materials are solid wastes if they are recycled, or accumulated, stored, or treated before recycling, as follows:
    1. Used in a Manner Constituting Disposal.
      1. Except as provided in §C(1)(b) of this regulation, materials noted with an asterisk in §G of this regulation, column 1 of Table 1, are solid wastes when they are:
        1. Applied to or placed on the land in a manner that constitutes disposal; or
        2. Used to produce products that are applied to or placed on the land or are otherwise contained in products that are applied to the land (in which case the product itself remains a solid waste).
      2. Commercial chemical products that exhibit a characteristic of hazardous waste or that are listed in Regulation .19 of this chapter are not solid wastes if they are applied to the land and that is their ordinary manner of use.
    2. Materials Burned for Energy Recovery.
      1. Except as provided in §C(2)(b) of this regulation, materials noted with an asterisk in §G of this regulation, column 2, are solid wastes when they are:
        1. Burned to recover energy;
        2. Used to produce a fuel;
        3. Contained in fuels, in which case the fuel itself remains a solid waste.
      2. Commercial chemical products that exhibit a characteristic of hazardous waste or that are listed in Regulation .19 of this chapter are not solid wastes if they are themselves fuels.
    3. Materials Reclaimed. Materials noted with an asterisk in §G, column 3 of Table 1 are solid wastes when reclaimed.
    4. Materials Accumulated Speculatively. Materials noted with an asterisk in §G, column 4 of Table 1 are solid wastes when accumulated speculatively.
  4. Inherently Waste-Like Materials.
    1. The following materials are solid wastes when they are recycled in any manner: Hazardous Waste Nos. F020, F021, unless otherwise used as an ingredient to make a product at the site of generation, and F022, F023, F026, and F028.
    2. The Secretary shall use the following criteria to add wastes to the list in §D(1):
      1. The materials are ordinarily disposed of, burned, or incinerated;
      2. The materials contain toxic constituents listed in Regulation .24 of this chapter and these constituents are not ordinarily found in raw materials or products for which the materials substitute, or are found in raw materials or products in smaller concentrations, and are not used or reused during the recycling process; or
      3. The materials may pose a substantial hazard to human health and the environment when recycled.
  5. Materials That Are Not Solid Waste When Recycled.
    1. Materials are not solid wastes when they can be shown to be recycled by being:
      1. Used or reused as ingredients in an industrial process to make a product, provided the materials are not being reclaimed;
      2. Used or reused as effective substitutes for commercial products; or
      3. Returned to the original process from which they are generated, without first being reclaimed. The material shall be returned as a substitute for raw material feedstock, and the process shall use raw materials as principal feedstocks, in order for this paragraph to apply.
    2. The following materials are solid wastes, even if the recycling involves use, reuse, or return to the original process, described in §E(1), of this regulation:
      1. Materials used in a manner constituting disposal, or used to produce products that are applied to the land;
      2. Materials burned for energy recovery, used to produce a fuel, or contained in fuels;
      3. Materials accumulated speculatively; or
      4. Materials listed in §D(1) of this regulation.
  6. Documentation of Claims That Materials Are Not Solid Wastes or Are Conditionally Exempt from Regulation.
    1. A respondent in an action to enforce regulations implementing Environment Article, Title 7, Subtitle 2, Annotated Code of Maryland, who raises a claim that a certain material is not a solid waste, or is conditionally exempt from regulation, shall demonstrate that:
      1. There is a known market or disposition for the material; and
      2. The respondent meets the terms of the exclusion or exemption.
    2. To satisfy the requirements of §F(1) of this regulation, a person shall provide appropriate documentation, such as contracts showing that a second person uses the material as an ingredient in a production process, to demonstrate that the material is not a waste, or is exempt from regulation.
    3. In addition to meeting the requirements of §F(2) of this regulation, owners or operators of facilities claiming that they actually are recycling materials shall show that they have the necessary equipment to do so.
  7. Table 1.
Use
Constituting
Disposal
(1)
Energy
Recovery/
Fuel
(2)
Reclamation
(3)
Speculative
Accumulation
(4)
Spent materials (*) (*) (*) (*)
Sludges (listed in Regulation .16, .17, or .18 of this chapter) (*) (*) (*) (*)
Sludges exhibiting a characteristic of hazardous waste (*) (*) __ (*)
By-products (listed in Regulation .16, .17, or .18 of this chapter) (*) (*) (*) (*)
By-products exhibiting a characteristic of hazardous waste (*) (*) __ (*)
Commercial chemical products (listed in Regulation .19 of this chapter) (*) (*) __ __
Commercial chemical products exhibiting a characteristic of hazardous waste (*) (*) __ __
Scrap metal other than excluded scrap metal, which is defined in Regulation .01C(3)(b) of this chapter (*) (*) (*) (*)

NOTE - The terms "spent materials", "sludges", "by-products", and "scrap metal" are defined in Regulation .01 of this chapter.

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Massachusetts

"Waste", all solid or liquid waste materials, including garbage and rubbish, and sludge, but not those materials defined as hazardous waste.

https://malegislature.gov/Bills/188/House/H3424

Michigan

Sec. 11506.

(1) "Solid waste" means garbage, rubbish, ashes, incinerator ash, incinerator residue, street cleanings, municipal and industrial sludges, solid commercial and solid industrial waste, and animal waste other than organic waste generated in the production of livestock and poultry. However, solid waste does not include the following:
  1. Human body waste.
  2. Medical waste.
  3. Organic waste generated in the production of livestock and poultry.
  4. Liquid waste.
  5. Ferrous or nonferrous scrap directed to a scrap metal processor or to a re-user of ferrous or nonferrous products.
  6. Slag or slag products directed to a slag processor or to a re-user of slag or slag products.
  7. Sludges and ashes managed as recycled or non-detrimental materials appropriate for agricultural orsilvicultural use pursuant to a plan approved by the department. Food processing residuals, precipitated calcium carbonate from sugar beet processing, wood ashes resulting solely from a source that burns only wood that is untreated and inert, lime from kraft pulping processes generated prior to bleaching, or aquatic plants may be applied on, or composted and applied on, farmland or forestland for an agricultural or silvicultural purpose, or used as animal feed, as appropriate, and such an application or use does not require a plan described in this subdivision or a permit or license under this part. In addition, source separated materials approved by the department for land application for agricultural and silvicultural purposes and compost produced from those materials may be applied to the land for agricultural and silvicultural purposes and such an application does not require a plan described in this subdivision or permit or license under this part. Land application authorized under this subdivision for an agricultural or silvicultural purpose, or use as animal feed as provided for in this subdivision shall be performed in a manner that prevents losses from runoff and leaching. Land application under this subdivision shall be at an agronomic rate consistent with generally accepted agricultural and management practices under the Michigan right to farm act, 1981 PA 93, MCL 286.471 to 286.474.
  8. Materials approved for emergency disposal by the department.
  9. Source separated materials.
  10. Site separated material.
  11. Fly ash or any other ash produced from the combustion of coal, when used under any of the following Rendered Wednesday, August 14, 2013 Page 4 Michigan Compiled Laws Complete Through PA 106 of 2013 Ó Legislative Council, State of Michigan Courtesy of www.legislature.mi.gov circumstances:
    1. As a component of concrete, grout, mortar, or casting molds, if the fly ash has not more than 6%unburned carbon.
    2. As a raw material in asphalt for road construction, if the fly ash has not more than 12% unburned carbon and passes Michigan test method for water asphalt preferential test, MTM 101, as set forth in the state transportation department's manual for the Michigan test methods (MTM's).
    3. As aggregate, road, or building material that in ultimate use will be stabilized or bonded by cement, limes, or asphalt.
    4. As a road base or construction fill that is covered with asphalt, concrete, or other material approved by the department and that is placed at least 4 feet above the seasonal groundwater table.
    5. As the sole material in a depository designed to reclaim, develop, or otherwise enhance land, subject to the approval of the department. In evaluating the site, the department shall consider the physical and chemical properties of the ash, including, but not limited to, leachability, and the engineering of the depository, including, but not limited to, the compaction, control of surface water and groundwater that may threaten to infiltrate the site, and evidence that the depository is designed to prevent water percolation through the material.
  12. Soil that is washed or otherwise removed from sugar beets, has not more than 35% moisture content,and is registered as a soil amendment under part 85. Any testing required to become registered under part 85 is the responsibility of the generator.
  13. Soil that is relocated under section 20120c.
  14. Other wastes regulated by statute.

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Minnesota

Subd. 22.Solid waste. "Solid waste" means garbage, refuse, sludge from a water supply treatment plant or air contaminant treatment facility, and other discarded waste materials and sludges, in solid, semisolid, liquid, or contained gaseous form, resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include hazardous waste; animal waste used as fertilizer; earthen fill, boulders, rock; concrete diamond grinding and saw slurry associated with the construction, improvement, or repair of a road when deposited on the road project site in a manner that is in compliance with best management practices and rules of the agency; sewage sludge; solid or dissolved material in domestic sewage or other common pollutants in water resources, such as silt, dissolved or suspended solids in industrial wastewater effluents or discharges which are point sources subject to permits under section 402 of the Federal Water Pollution Control Act, as amended, dissolved materials in irrigation return flows; or source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended.

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Mississippi

"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, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include solid or dissolved materials in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permit under 33 U.S.C. 1342, or source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended (68 Stat. 923).

Missouri

3010.18 Solid Waste. Solid waste means unwanted or discarded waste materials in a solid or semisolid state, including but not limited to garbage, ashes, street refuse, rubbish, dead animals, animal and agricultural wastes, yard wastes, discarded appliances, special wastes, industrial wastes and demolition and construction wastes. (Ord. 926, Sec. 3.16, Eff. 1-26-82)

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Montana

11) (a) "Solid waste" means all putrescible and nonputrescible wastes, including but not limited to garbage; rubbish; refuse; ashes; sludge from sewage treatment plants, water supply treatment plants, or air pollution control facilities; construction and demolition wastes; dead animals, including offal; discarded home and industrial appliances; and wood products or wood byproducts and inert materials.

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Nebraska

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Nevada

NRS 444.490 "Solid waste" defined. "Solid waste" means all putrescible and nonputrescible refuse in solid or semisolid form, including, but not limited to, garbage, rubbish, junk vehicles, ashes or incinerator residue, street refuse, dead animals, demolition waste, construction waste, solid or semisolid commercial and industrial waste. The term does not include hazardous waste managed pursuant to NRS 459.400 to 459.600, inclusive. (Added to NRS by 1971, 1178; A 1981, 888)

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New Hampshire

Env-Sw 104.36 "Solid waste" means "solid waste" as defined by RSA 149-M:4, XXII, namely "any matter consisting of putrescible material, refuse or residue from an air pollution control facility; and other discarded or abandoned material. It includes solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities. For purposes of this chapter [RSA 149-M] it does not include hazardous wastes as defined in RSA 147-A:2; solid or dissolved materials in irrigation return flows; cut or uprooted tree stumps buried on-site with local approval if required, provided that such burial locations are not located within 75 feet of any drinking water supply; municipal and industrial discharges which are point sources subject to permits under section 402 of the Federal Water Pollution Control Act, as amended; source, special nuclear or by-product materials as defined by the Atomic Energy Act of 1954, as amended; or septage or sludge as defined in RSA 485-A:2, IX-a and XI-a," that is to say sludge which is not disposed at solid waste facilities permitted under RSA 149-M. The term "solid waste" also does not include yard waste, actively managed waste-derived products which are certified for distribution and use pursuant to Env-Sw 1500, and bodies of deceased persons. Source. (See Revision Note at chapter heading for Env-Sw 100) #8460-B, eff 10-28-05

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New Jersey

"Solid waste" means garbage, refuse, and other discarded material resulting from industrial, commercial and agricultural operations, and from domestic and community activities, and shall include all other waste materials including liquids, except for solid animal and vegetable wastes collected by swine producers licensed by the State Department of Agriculture to collect, prepare and feed such waste to swine on their own farms.

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New Mexico

N. "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. "Solid waste" does not include:

  1. drilling fluids, produced waters and other non-domestic wastes associated with the exploration, development or production, transportation, storage, treatment or refinement of crude oil, natural gas, carbon dioxide gas or geothermal energy;
  2. fly ash waste, bottom ash waste, slag waste and flue gas emission control waste generated primarily from the combustion of coal or other fossil fuels and wastes produced in conjunction with the combustion of fossil fuels that are necessarily associated with the production of energy and that traditionally have been and actually are mixed with and are disposed of or treated at the same time with fly ash, bottom ash, boiler slag or flue gas emission control wastes from coal combustion;
  3. waste from the extraction, beneficiation and processing of ores and minerals, including phosphate rock and overburden from the mining of uranium ore, coal, copper, molybdenum and other ores and minerals;
  4. agricultural waste, including, but not limited to, manures and crop residues returned to the soil as fertilizer or soil conditioner;
  5. cement kiln dust waste;
  6. sand and gravel;
  7. solid or dissolved material in domestic sewage or solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permits under Section 402 of the Federal Water Pollution Control Act, 33 U.S.C. Section 1342 or source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954, 42 U.S.C. Section 2011 et seq.;
  8. densified-refuse-derived fuel; or
  9. any material regulated by Subtitle C of the federal Resource Conservation and Recovery Act of 1976, substances regulated by the federal Toxic Substances Control Act or low-level radioactive waste;

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New York

Solid waste means any garbage, refuse, sludge from a wastewater treatment plant, water supply treatment plant, or air pollution control facility and other discarded materials including solid, liquid, semi-solid, or contained gaseous material, resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solid or dissolved materials in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permit under 33 USC 1342, as amended (86 Stat. 880), or source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954, as amended (68 Stat. 923) except as may be provided by existing agreements between the State of New York and the government of the United States (see section 360-1.3 of this Part).

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North Carolina

(35) "Solid waste" means any hazardous or nonhazardous garbage, refuse or sludge from a waste treatment plant, water supply treatment plant or air pollution control facility, domestic sewage and sludges generated by the treatment thereof in sanitary sewage collection, treatment and disposal systems, and other material that is either discarded or is being accumulated, stored or treated prior to being discarded, or has served its original intended use and is generally discarded, including solid, liquid, semisolid or contained gaseous material resulting from industrial, institutional, commercial and agricultural operations, and from community activities. The term does not include:

  1. Fecal waste from fowls and animals other than humans.
  2. Solid or dissolved material in:
    1. Domestic sewage and sludges generated by treatment thereof in sanitary sewage collection, treatment and disposal systems which are designed to discharge effluents to the surface waters.
    2. Irrigation return flows.
    3. Wastewater discharges and the sludges incidental to and generated by treatment which are point sources subject to permits granted under Section 402 of the Water Pollution Control Act, as amended (P.L. 92-500), and permits granted under G.S. 143-215.1 by the Environmental Management Commission. However, any sludges that meet the criteria for hazardous waste under RCRA shall also be a solid waste for the purposes of this Article.
  3. Oils and other liquid hydrocarbons controlled under Article 21A of Chapter 143 of the General Statutes. However, any oils or other liquid hydrocarbons that meet the criteria for hazardous waste under RCRA shall also be a solid waste for the purposes of this Article.
  4. Any source, special nuclear or byproduct material as defined by the Atomic Energy Act of 1954, as amended (42 U.S.C. § 2011).
  5. Mining refuse covered by the North Carolina Mining Act, G.S. 74-46 through 74-68 and regulated by the North Carolina Mining and Energy Commission (as defined under G.S. 143B-293.1). However, any specific mining waste that meets the criteria for hazardous waste under RCRA shall also be a solid waste for the purposes of this Article.
  6. Recovered material.

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North Dakota

Solid waste has been defined as any garbage, refuse, sludge or other discarded materials, and liquid, semi-solid, or contained gaseous materials.

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Ohio

(E) "Solid wastes" means such unwanted residual solid or semisolid material as results from industrial, commercial, agricultural, and community operations, excluding earth or material from construction, mining, or demolition operations, or other waste materials of the type that normally would be included in demolition debris, nontoxic fly ash and bottom ash, including at least ash that results from the combustion of coal and ash that results from the combustion of coal in combination with scrap tires where scrap tires comprise not more than fifty per cent of heat input in any month, spent nontoxic foundry sand, and slag and other substances that are not harmful or inimical to public health, and includes, but is not limited to, garbage, scrap tires, combustible and noncombustible material, street dirt, and debris. "Solid wastes" does not include any material that is an infectious waste or a hazardous waste.

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Oklahoma

16. "Solid waste" means all putrescible and nonputrescible refuse in solid or semisolid form including, but not limited to, garbage, rubbish, ashes or incinerator residue, street refuse, dead animals, demolition wastes, construction wastes, solid or semisolid commercial and industrial wastes including explosives, biomedical wastes, chemical wastes, herbicide and pesticide wastes. The term "solid waste" shall not include:

  1. scrap materials which are source separated for collection and processing as industrial raw materials, except when contained in the waste collected by or in behalf of a solid waste management system, or
  2. used motor oil, which shall not be considered to be a solid waste, but shall be considered a deleterious substance, if the used motor oil is recycled for energy reclamation and is ultimately destroyed when recycled

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Oregon

(24) "Solid waste" means all useless or discarded putrescible and nonputrescible materials, including but not limited to garbage, rubbish, refuse, ashes, paper and cardboard, sewage sludge, septic tank and cesspool pumpings or other sludge, useless or discarded commercial, industrial, demolition and construction materials, discarded or abandoned vehicles or parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semisolid materials, dead animals and infectious waste as defined in ORS 459.386. "Solid waste" does not include:

  1. Hazardous waste as defined in ORS 466.005.
  2. Materials used for fertilizer or for other productive purposes or which are salvageable as such materials are used on land in agricultural operations and the growing or harvesting of crops and the raising of animals.
  3. Woody biomass that is combusted as a fuel by a facility that has obtained a permit described in ORS 468A.040

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Pennsylvania

"Solid waste." Any waste, including but not limited to, municipal, residual or hazardous wastes, including solid, liquid, semisolid or contained gaseous materials.

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Rhode Island

(12) "Solid waste" means garbage, refuse, tree waste as defined by subsection 14 of this section and other discarded solid materials generated by residential, institutional, commercial, industrial, and agricultural sources, but does not include solids or dissolved material in domestic sewage or sewage sludge or dredge material as defined in chapter 6.1 of title 46, nor does it include hazardous waste as defined in chapter 19.1 of this title, nor does it include used asphalt, concrete, or Portland concrete cement.

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South Carolina

(46) "Solid waste" means any garbage, refuse, or sludge from a waste treatment facility, water supply plant, or air pollution control facility and other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations and from community activities. This term does not include solid or dissolved material in domestic sewage, recovered materials, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to NPDES permits under the Federal Water Pollution Control Act, as amended, or the Pollution Control Act of South Carolina, as amended, or source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended. Also excluded from this definition are application of fertilizer and animal manure during normal agricultural operations or refuse as defined and regulated pursuant to the South Carolina Mining Act, including processed mineral waste, which will not have a significant adverse impact on the environment.

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South Dakota

(17) "Solid waste," any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other discarded materials, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, and agricultural operations, and from community activities, but does not include mining waste in connection with a mine permitted under Title 45, hazardous waste as defined under chapter 34A-11, solid or dissolved materials in domestic sewage or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under section 402 of the Federal Water Pollution Control Act, as amended to January 1, 2011, or source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954, as amended to January 1, 2011;

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Tennessee

'Municipal solid waste' means any garbage, refuse, industrial lunchroom or office waste, household waste, household hazardous waste, yard waste, and any other material resulting from the operation of residential, municipal, commercial or institutional establishments and from community activities; provided that 'municipal solid waste' does not include the following:

  1. Radioactive waste;
  2. Hazardous waste as defined in § 68-212-104;
  3. Infectious waste;
  4. Materials that are being transported to a facility for reprocessing or reuse; provided further, that reprocessing or reuse does not include incineration or placement in a landfill; and
  5. Industrial waste which may include office, domestic or cafeteria waste, managed in a privately owned solid waste disposal system or resource recovery facility, if such waste is generated solely by the owner of the solid waste disposal system or resource recovery facility.

The term "construction/demolition wastes" is defined separately in the regulations promulgated by the Solid Waste Disposal Control Board. Tenn. Comp. R & Reg. 0400-11-01-.01(2) defines "construction/demolition wastes" as wastes, other than special wastes, resulting from construction,remodeling, repair and demolition of structures and from road building. Such wastes include but are not limited to bricks, concrete and other masonry materials, soil, rock and lumber, roadspoils, rebar, paving material.

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Texas

"Solid waste" means garbage, rubbish, 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, municipal, commercial, mining, and agricultural operations and from community and institutional activities. The term:

  1. does not include:
    1. solid or dissolved material in domestic sewage, or solid or dissolved material in irrigation return flows, or industrial discharges subject to regulation by permit issued under Chapter 26, Water Code;
    2. soil, dirt, rock, sand, and other natural or man-made inert solid materials used to fill land if the object of the fill is to make the land suitable for the construction of surface improvements; or
    3. waste materials that result from activities associated with the exploration, development, or production of oil or gas or geothermal resources and other substance or material regulated by the Railroad Commission of Texas under Section 91.101, Natural Resources Code, unless the waste, substance, or material results from activities associated with gasoline plants, natural gas or natural gas liquids processing plants, pressure maintenance plants, or re-pressurizing plants and is hazardous waste as defined by the administrator of the United States Environmental Protection Agency under the federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, as amended (42 U.S.C. Section 6901 et seq.); and
  2. does include hazardous substances, for the purposes of Sections 361.271 through 361.277, 361.280, and 361.343 through 361.345.

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Utah

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Vermont

"Solid Waste" means any discarded garbage, refuse, septage, sludge from a waste treatment plant, water supply plant, or pollution control facility and other discarded material including solid, liquid, semi-solid, or contained gaseous materials resulting from industrial, commercial, mining, or agricultural operations and from community activities but does not include animal manure and absorbent bedding used for soil enrichment or solid or dissolved materials in industrial discharges which are point sources subject to permits under the Water Pollution Control Act, 10 V.S.A., ch. 47. For the purposes of these rules, solid waste that is also hazardous waste is subject to further regulation under the Vermont Hazardous Waste Management Regulations.

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Virginia

"Solid waste" means any garbage, refuse, sludge and other discarded material, including solid, liquid, semisolid or contained gaseous material, resulting from industrial, commercial, mining and agricultural operations, or community activities but does not include (i) solid or dissolved material in domestic sewage, (ii) solid or dissolved material in irrigation return flows or in industrial discharges which are sources subject to a permit from the State Water Control Board, or (iii) source, special nuclear, or by-product material as defined by the Federal Atomic Energy Act of 1954, as amended

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Washington

WAC 173-303-016 Identifying solid waste.

  1. Purpose and applicability.
    1. The purpose of this section is to identify those materials that are and are not solid wastes.
      1. The definition of solid waste contained in this section applies only to wastes that also are dangerous for purposes of the regulations implementing chapter 70.105 RCW. For example, it does not apply to materials (such as non-dangerous scrap, paper, textiles, or rubber) that are not otherwise dangerous wastes and that are recycled.
      2. This section identifies only some of the materials which are solid wastes and dangerous wastes under chapter 70.105 RCW. A material which is not defined as a solid waste in this section, or is not a dangerous waste identified or listed in this section, is still a solid waste and a dangerous waste for purposes of these sections if reason and authority exists under chapter 70.105 RCW and WAC 173-303-960. Within the constraints of chapter 70.105 RCW, this includes but is not limited to any material that: Is accumulated, used, reused, or handled in a manner that poses a threat to public health or the environment; or, due to the dangerous constituent(s) in it, when used or reused would pose a threat to public health or the environment.
    2. Certain materials are solid wastes but are excluded from the requirements of this chapter by WAC 173-303-071 and 173-303-073.
  2. The following terms are used and have the meanings as defined in WAC 173-303-040:
    1. Boiler
    2. By-product
    3. Incinerator
    4. Industrial furnace
    5. Reclaim
    6. Recover
    7. Recycle
    8. Used or reused (see reuse or use)
    9. Sludge
    10. Scrap metal
    11. Spent material
    12. Excluded scrap metal
    13. Processed scrap metal
    14. Home scrap metal
    15. Prompt scrap metal
  3. Definition of solid waste.
    1. A solid waste is any discarded material that is not excluded by WAC 173-303-017(2) or that is not excluded by variance granted under WAC 173-303-017(5).
    2. A discarded material is any material that is:
      1. Abandoned, as explained in subsection (4) of this section; or
      2. Recycled, as explained in subsection (5) of this section; or
      3. Considered inherently waste-like, as explained in subsection (6) of this section. Persons registering micronutrient or waste-derived fertilizers under chapter 15.54 RCW must submit information required by the department to indicate compliance with this chapter. The required minimum information is described in WAC 173-303-505; or
      4. A military munition identified as a solid waste at WAC 173-303-578(2).
  4. Materials are solid waste if they are abandoned by being:
    1. Disposed of; or
    2. Burned or incinerated; or
    3. Accumulated, stored, or treated (but not recycled) before or in lieu of being abandoned by being disposed of, burned, or incinerated.
  5. Materials are solid wastes if they are recycled - or accumulated, stored, or treated before recycling - as specified in (a) through (d) of this subsection.
    1. Used in a manner constituting disposal. Materials noted with a "*" in column 1 of Table 1 are solid wastes when they are:
        1. Applied to or placed on the land in a manner that constitutes disposal; or
        2. Used to produce products that are applied to or placed on the land or are otherwise contained in products that are applied to or placed on the land (in which cases the product itself remains a solid waste).
      1. However, commercial chemical products listed in WAC 173-303-9903 or which exhibit any of the criteria or characteristics listed in WAC 173-303-090 or 173-303-100 are not solid wastes if they are applied to the land and that is their ordinary manner of use.
    2. Burning for energy recovery. Materials noted with a "*" in column 2 of Table 1 are solid wastes when they are:
      1. Burned to recover energy;
      2. Used to produce a fuel or are otherwise contained in fuels (in which cases the fuel itself remains a solid waste). However, commercial chemical products listed in WAC 173-303-9903 or which exhibit any of the criteria or characteristics listed in WAC 173-303-090 or 173-303-100 are not solid wastes if they are themselves fuels.
    3. Reclaimed. Materials noted with a "*" in column 3 of Table 1 are solid wastes when reclaimed.
      1. Accumulated speculatively. Materials noted with a "*" in column 4 of Table 1 are solid wastes when accumulated speculatively.
      2. A material is "accumulated speculatively" if it is accumulated before being recycled. A material is not accumulated speculatively, however, if the person accumulating it can show that the material is potentially recyclable and has a feasible means of being recycled; and that—during the calendar year (commencing on January 1)—the amount of material that is recycled, or transferred to a different site for recycling, equals at least seventy-five percent by weight or volume of the amount of that material accumulated at the beginning of the period. In calculating the percentage of turnover, the seventy-five percent requirement is to be applied to each material of the same type (e.g., slags from a single smelting process) that is recycled in the same way (i.e., from which the same material is recovered or that is used in the same way). Materials accumulating in units that would be exempt from regulation under WAC 173-303-071 (3)(n) are not to be included in making the calculation. (Materials that are already defined as solid wastes also are not to be included in making the calculation.) Materials are no longer in this category once they are removed from accumulation for recycling, however.

        Note: The terms "spent materials," "sludges," "by-products," "scrap metal" and "processed scrap metal" are defined in WAC 173-303-040.

        1The characteristics of dangerous waste are described in WAC 173-303-090.

        2The dangerous waste criteria are described in WAC 173-303-100.
  6. Inherently waste-like materials. The following materials are solid wastes when they are recycled in any man.

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West Virginia

(j) "Solid waste" means any garbage, paper, litter, refuse, cans, bottles, waste processed for the express purpose of incineration, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility, other discarded material, including offensive or unsightly matter, solid, liquid, semisolid or contained liquid or gaseous material resulting from industrial, commercial, mining or community activities but does not include solid or dissolved material in sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources and have permits under article eleven, chapter twenty-two of this code, or source, special nuclear or byproduct material as defined by the Atomic Energy Act of 1954, as amended, including any nuclear or byproduct material considered by federal standards to be below regulatory concern, or a hazardous waste either identified or listed under article eighteen, chapter twenty-two of this code, or refuse, slurry, overburden or other waste or material resulting from coal-fired electric power or steam generation, the exploration, development, production, storage and recovery of coal, oil and gas, and other mineral resources placed or disposed of at a facility which is regulated under article two, three, four, six, seven, eight, nine or ten, chapter twenty-two or chapter twenty-two-a of this code, so long as such placement or disposal is in conformance with a permit issued pursuant to said chapters. "Solid waste" does not include materials which are recycled by being used or reused in an industrial process to make a product, as effective substitutes for commercial products, or are returned to the original process as a substitute for raw material feedstock.

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Wisconsin

Solid waste means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded or salvageable materials, including solid, liquid, semisolid, or contained gaseous materials resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solids or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under Ch. 283, or source material, as defined in s. 254.31 (10), special nuclear material, as defined in s. 254.31 (11), or by-product material, as defined in s.254.31 (1).

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Wyoming

(ff) "Solid Waste" means garbage, and other discarded solid materials resulting from industrial, commercial and agricultural operations, and from community activities, but does not include solids or dissolved material in domestic sewage or other significant pollutants in water resources such as silt, dissolved or suspended solids in industrial waste water effluents, dissolved materials in irrigation return flows or other common water pollutants.

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Prepared by
Stephen R. Dicker, Sr. Police Officer
Houston Police Department
Major Offenders Division
Environmental Investigations Unit
7125 Ardmore, 4th Floor
Houston, Texas 77054
Office: 832-394-0774
Fax: 832-394-0780
Email: Stephen.Dicker@HoustonPolice.org