§27A-2-10-103.

§27A-2-10-103.
   
   As used in the Oklahoma Solid Waste Management Act:
   
   1. "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;
   
   2. "Disclosure statement" means a written statement by the 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;
   
   3. "Disposal site" means any place, including a transfer station, or
   any other place 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;
   
   4. "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 11
   of Section 1102 of Title 47 of the Oklahoma Statutes;
   
   5. "Final closure" means those measures for providing final capping
   material, proper drainage, perennial vegetative cover, maintenance,
   monitoring and other closure actions required for the site by rules of
   the Board;
   
   6. "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;
   
   7. "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;
   
   8. "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;
   
   9. "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;
   
   10. "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;
   
   11. "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;
   
   12. "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;
   
   13. "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;
   
   14. "Recycling" means to reuse a material that would otherwise be
   disposed of as waste, with or without reprocessing;
   
   15. "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;
   
   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:
   
   a. 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
   
   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;
   
   17. "Solid waste management system" means the system that may be
   developed for the purpose of collection and disposal of solid 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;
   
   18. "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;
   
   19. "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
   
   20. "Waste reduction" means to reduce the volume of waste requiring
   disposal.