Okla. Stat. tit. 27A, § 27A-2-10-103

As used in the Oklahoma Solid Waste Management Act:

1. "Advanced plastic recycling" means a manufacturing process

for the conversion of post-use polymers and recovered feedstocks

into basic hydrocarbon raw materials, feedstocks, chemicals, liquid

fuels and other products like waxes and lubricants through processes

that include pyrolysis, gasification, depolymerization, catalytic

cracking, reforming, hydrogenation, solvolysis and other similar

technologies. The recycled products produced at advanced recycling

facilities include, but are not limited to, monomers, oligomers,

plastics, plastics and chemical feedstocks, basic and unfinished

chemicals, crude oil, naphtha, liquid transportation fuels, waxes,

lubricants, coatings and other basic hydrocarbons. If properly

conducted, advanced recycling shall not be considered disposal, as

defined in Section 2-10-103 of this title, solid waste management

system, as defined in this section, or incineration. For the

purpose of advanced plastic recycling:

a. "Depolymerization" means a manufacturing process where

post-use polymers as defined in this section are

broken into smaller molecules such as monomers and

oligomers or raw, intermediate or final products,

plastics and chemical feedstocks, basic and unfinished

chemicals, crude oil, naphtha, liquid transportation

fuels, waxes, lubricants, coatings and other basic

hydrocarbons,

b. "Gasification" means a manufacturing process through

which recovered feedstocks are heated and converted

into a fuel and gas mixture in an oxygen-deficient

atmosphere and the mixture is converted into valuable

raw, intermediate and final products including, but

not limited to, plastic monomers, chemicals, waxes,

lubricants, chemical feedstocks, crude oil, diesel,

gasoline and diesel and gasoline blendstocks, home

heating oil and other fuels including ethanol and

transportation fuel that are returned to economic

utility in the form of raw materials, products or

fuels,

c. "Pyrolysis" means a manufacturing process through

which post-use polymers are heated in the absence of

oxygen until melted and thermally decomposed and then

cooled, condensed and converted into valuable raw,

intermediate and final products including, but not

limited to, plastic monomers, chemicals, waxes,

lubricants, chemical feedstocks, crude oil, diesel,

gasoline and diesel and gasoline blendstocks, home

heating oil and other fuels including ethanol and

transportation fuel that are returned to economic

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utility in the form of raw materials, products or

fuels,

d. "Solvolysis" means a manufacturing process through

which post-use plastics are reacted with the aid of

solvents while heated at low temperatures, sometimes

being pressurized, to make useful products while

allowing additives and contaminants to be separated.

The products of solvolysis include, but are not

limited to, monomers, intermediates and valuable raw

materials. The process includes, but is not limited

to, hydrolysis, aminolysis, ammonoloysis,

methanolysis, ethanolysis and glycolysis;

2. "Advanced plastic recycling facility" means a manufacturing

facility that receives, stores and converts post-use polymers and

recovered feedstocks it receives using advanced recycling. An

advanced recycling facility shall be subject to applicable

Department of Environmental Quality regulations for air, water,

waste and land use. Advanced recycling facilities shall not be

considered disposal sites, solid waste management systems, transfer

stations as defined in this section or incineration. Advanced

recycling facilities shall be subject to inspections by the

Department to ensure compliance with applicable laws and

regulations. If an advanced recycling facility does not comply with

the requirements of this definition, it shall not be considered an
shall not be

considered disposal sites, solid waste management systems, transfer

stations as defined in this section or incineration. Advanced

recycling facilities shall be subject to inspections by the

Department to ensure compliance with applicable laws and

regulations. If an advanced recycling facility does not comply with

the requirements of this definition, it shall not be considered an

advanced recycling facility and is subject to all applicable solid

waste laws and regulations as determined by the Department;

3. "Affiliated person" means:

a. any officer, director or partner of the applicant,

b. any person employed by the applicant as general or key

manager who directs the operations of the site,

transfer station or facility which is the subject of

the application, or

c. any person owning or controlling more than five

percent (5%) of the applicant's debt or equity;

4. "Commercial composting facility" means a composting facility

that:

a. is not owned or operated by a governmental entity,

b. receives one hundred (100) tons or more per year of

material for composting, any part of which consists of

food waste, and

c. principally accepts material for composting that is

not agricultural in origin;

5. "Composting facility" means a facility in which material is

converted, under thermophilic conditions, to a product with a high

humus content for use as a soil amendment or to prevent or remediate

pollutants in soil, air or stormwater run-off;

6. "Disclosure statement" means a written statement by the

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applicant which contains:

a. the full name, business address and Social Security

number of the applicant and all affiliated persons,

b. the full name and business address of any legal entity

in which the applicant holds a debt or equity interest

of at least five percent (5%) or which is a parent

company or subsidiary of the applicant and a

description of the ongoing organizational

relationships as they may impact operations within the

state,

c. a description of the experience and credentials of the

applicant including any past or present permits,

licenses, certifications or operational authorizations

relating to environmental regulation,

d. a listing and explanation of any administrative, civil

or criminal legal actions against the applicant and

affiliated person which resulted in a final agency

order or final judgment by a court of record including

final order or judgment on appeal, in the ten (10)

years immediately preceding the filing of the

application relating to solid or hazardous waste.

Such action shall include, without limitations, any

permit denial or any sanction imposed by a state

regulatory agency or the United States Environmental

Protection Agency, and

e. a listing of any federal environmental agency and any

state environmental agency that has or has had

regulatory responsibility over the applicant;

7. "Disposal site" means any place including, but not limited

to, a transfer station or a roofing material recycling facility, at

which solid waste is dumped, abandoned or accepted or disposed of by

incineration, land filling, composting, shredding, compaction,

baling or any other method or by processing by pyrolysis, resource

recovery or any other method, technique or process designed to

change the physical, chemical or biological character or composition

of any solid waste so as to render such waste safe or nonhazardous,

amenable to transport, recovery or storage or reduced in volume. A

disposal site shall not include a manufacturing facility which

processes scrap materials which have been separated for collection

and processing as industrial raw materials;

8. "Dwelling" means a permanently-constructed, habitable

structure designed and constructed for full-time occupancy in all

weather conditions, which is not readily mobile and shall include
storage or reduced in volume. A

disposal site shall not include a manufacturing facility which

processes scrap materials which have been separated for collection

and processing as industrial raw materials;

8. "Dwelling" means a permanently-constructed, habitable

structure designed and constructed for full-time occupancy in all

weather conditions, which is not readily mobile and shall include

but not be limited to a manufactured home as such term is defined by

paragraph 17 of Section 1102 of Title 47 of the Oklahoma Statutes;

9. "Final closure" means those measures for providing final

capping material, proper drainage, perennial vegetative cover,

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maintenance, monitoring and other closure actions required for the

site by rules of the Board;

10. "Inert waste" means any solid waste that is insoluble in

water, chemically inactive, that will not leach contaminants, or is

commonly found as a significant percentage of residential solid

waste;

11. "History of noncompliance" means any past operations by an

applicant or affiliated persons which clearly indicate a reckless

disregard for environmental regulation or a demonstrated pattern of

prohibited conduct which could reasonably be expected to result in

adverse environmental impact if a permit were issued, as evidenced

by findings, conclusions and rulings of any final agency order or

final order or judgment of a court of record;

12. "Integrated solid waste management plan" means a plan that

provides for the integrated management of all solid waste within the

planning unit and embodies sound principles of solid waste

management, natural resources conservation, energy production and

employment-creating opportunities;

13. "Lithified earth material" means all rock including all

naturally occurring and naturally formed aggregates or masses of

minerals or small particles of older rock that formed by

crystallization of magma or by induration of loose sediments. The

term lithified earth material shall not include man-made materials,

such as fill, concrete, and asphalt, or unconsolidated earth

materials, soil or regolith lying at or near the earth's surface;

14. "Maximum horizontal acceleration in lithified earth

material" means the maximum expected horizontal acceleration

depicted on a seismic hazard map, with a ninety percent (90%) or

greater probability that the acceleration will not be exceeded in

two hundred fifty (250) years, or the maximum expected horizontal

acceleration based on a site-specific seismic risk assessment;

15. "Monofill" means a landfill which is used to dispose of a

single type of specified nonhazardous industrial solid waste, except

for other nonhazardous industrial solid wastes which are not readily

separable from the specified waste;

16. "Nonhazardous industrial solid waste" means any of the

following wastes deemed by the Department to require special

handling:

a. unusable industrial or chemical products,

b. solid waste generated by the release of an industrial

product to the environment, or

c. solid waste generated by a manufacturing or industrial

process.

The term nonhazardous industrial solid waste shall not include waste

that is regulated as hazardous waste or is commonly found as a

significant percentage of residential solid waste;

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17. "Person" means any individual, corporation, company, firm,

partnership, association, trust, state agency, government

instrumentality or agency, institution, county, any incorporated

city or town or municipal authority or trust in which any

governmental entity is a beneficiary, venture or other legal entity

however organized;

18. "Post-use polymer" means a plastic:

a. that is derived from any industrial, commercial,

agricultural or domestic activities,

b. that is not mixed with solid waste or hazardous waste
strumentality or agency, institution, county, any incorporated

city or town or municipal authority or trust in which any

governmental entity is a beneficiary, venture or other legal entity

however organized;

18. "Post-use polymer" means a plastic:

a. that is derived from any industrial, commercial,

agricultural or domestic activities,

b. that is not mixed with solid waste or hazardous waste

onsite or during processing at the advanced recycling

facility,

c. that the use or intended use of the plastic is as a

feedstock for the manufacturing of crude oil, fuels,

feedstocks, blendstocks, raw materials or other

intermediate products or final products using advanced

recycling,

d. that has been sorted from nonhazardous solid waste but

may still contain residual amounts of nonhazardous

solid waste such as organic material and incidental

contaminants or impurities, and

e. that is processed at an advanced recycling facility or

held at such facility prior to processing.

Post-use polymer shall not be considered solid waste as defined in

this section, unless the post-use polymer is improperly managed,

abandoned or disposed of;

19. "Recovered feedstock" means one or more of the following

materials that has been processed so that it may be used as

feedstock in an advanced recycling facility:

a. post-use polymers, and/or

b. scrap materials which are source separated for

collection and processing as industrial raw materials

for intended use at an advanced recycling facility,

c. materials for which the United States Environmental

Protection Agency has made a nonwaste determination,

or has otherwise determined are feedstocks and not

solid waste, and

d. recovered feedstock shall not include waste tires,

which shall remain governed by the Section 2-11-401 et

seq. of this title.

Recovered feedstock shall not include unprocessed municipal

solid waste or any material mixed with solid waste or hazardous

waste at an advanced recycling facility Recovered feedstock shall

not include any materials that are specifically regulated as a solid

waste. If recovered feedstock is accumulated in anticipation of

future markets or is stored in a quantity exceeding that which may

be reasonably expected to be used or recycled within one (1) year,

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the material shall be regulated as a solid waste. Recovered

feedstock shall not be considered "waste" or "solid waste", unless

the recovered feedstock is improperly managed, abandoned or disposed

of;

20. "Recycling" means to reuse a material that would otherwise

be disposed of as waste, with or without reprocessing;

21. "Roofing Material" means all material associated with a

roofing project that is debris or is otherwise not intended for

future use by the roofer or the property owner including but not

limited to shingles made from asphalt, fiberglass, composite or

wood, as well as decking, flashing, fasteners, insulation and

associated packaging materials;

22. "Roofing material recycling facility" means a site or

facility at which roofing material is processed for alternative

uses, or is accumulated for the purpose of processing or selling all

or parts of the roofing material for alternative uses including but

not limited to road construction;

23. "Seismic impact zone" means an area with a ten percent

(10%) or greater probability that the maximum horizontal

acceleration in lithified earth material, expressed as a percentage

of the earth's gravitational pull (g), will exceed 0.10g in two

hundred fifty (250) years;

24. "Solid waste" means all putrescible and nonputrescible

refuse in solid, semisolid or liquid form including, but not limited

to, garbage, rubbish, ashes or incinerator residue, street refuse,

dead animals, demolition wastes, construction wastes, roofing

material, solid or semisolid commercial and industrial wastes
gravitational pull (g), will exceed 0.10g in two

hundred fifty (250) years;

24. "Solid waste" means all putrescible and nonputrescible

refuse in solid, semisolid or liquid form including, but not limited

to, garbage, rubbish, ashes or incinerator residue, street refuse,

dead animals, demolition wastes, construction wastes, roofing

material, solid or semisolid commercial and industrial wastes

including explosives, biomedical wastes, chemical wastes, herbicide

and pesticide wastes. The term solid waste shall not include:

a. scrap materials not including roofing 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,

b. 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, or

c. post-use polymers or recovered feedstocks that are

processed at an advanced recycling facility or are

held at such facility prior to processing to ensure

production is not interrupted, unless post-use

polymers or recovered feedstocks are improperly

managed, abandoned or disposed of;

25. "Solid waste management system" means the system that may

be developed for the purpose of collection and disposal of solid

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waste by any person engaging in such process as a business or by any

municipality, authority, trust, county or by any combination thereof

at one or more disposal sites;

26. "Solid waste planning unit" means any county or any part

thereof, incorporated city or town, or municipal authority or trust

in which any governmental entity is a beneficiary, venture or other

legal entity however organized, which the Department determines to

be capable of planning and implementing an integrated solid waste

management program;

27. "Transfer station" means any disposal site, processing

facility or other place where solid waste is transferred from a

vehicle or container to another vehicle or container for

transportation including but not limited to a barge or railroad

unloading facility where solid waste, in bulk or in containers, is

unloaded, stored, processed or transported for any purpose. The

term transfer station shall not include the following:

a. a facility, such as an apartment complex or a large

manufacturing plant, where the solid waste that is

transferred has been generated by the occupants,

residents or functions of the facility,

b. a citizens' collection station, or

c. a waste collection system which leaves collected solid

waste in enclosed containers along the collection

route for later transport to a recycling or disposal

facility serving the area; and

28. "Waste reduction" means to reduce the volume of waste

requiring disposal.