Page:United States Statutes at Large Volume 122.djvu/4925

 12 2 STA T .490 2 PUBLIC LA W 110 – 4 3 2 —O CT. 1 6, 200 8wastedi s c a r ded byho s p ita l s ,m aterial discarded by n on - man uf acturin g acti v ities at prisons and government facili- ties, and material discarded by other similar establish- ments or facilities .‘ ‘ (F)MUNIC I PALSO LI DW AS TE . —T he term ‘municipal solid waste ’ means— ‘‘(i) household waste ‘‘(ii) commercial and retail waste; and ‘‘(iii) institutional waste. ‘‘( G ) S OLID WASTE.— W ith the e x ception of waste gen- erated by a rail carrier during trac k , track structure, or right-of-way construction, maintenance, or repair (including railroad ties and line-side poles) or waste generated as a result of a railroad accident, incident, or derailment, the term ‘solid waste’ means— ‘‘(i) construction and demolition debris; ‘‘(ii) municipal solid waste; ‘‘(iii) household waste; ‘‘(iv) commercial and retail waste; ‘‘(v) institutional waste; ‘‘(vi) sludge; ‘‘(vii) industrial waste; and ‘‘(viii) other solid waste, as determined appropriate by the B oard. ‘‘( H ) SOLID WASTE R AIL TRANS F ER FACILIT Y .—The term ‘solid waste rail transfer facility’— ‘‘(i) means the portion of a facility owned or oper- ated by or on behalf of a rail carrier (as defined in section 10 10 2 of this title) where solid waste, as a commodity to be transported for a charge, is collected, stored, separated, processed, treated, managed, dis- posed of, or transferred, when the activity takes place outside of original shipping containers; but ‘‘(ii) does not include— ‘‘( I ) the portion of a facility to the extent that activities taking place at such portion are com- prised solely of the railroad transportation of solid waste after the solid waste is loaded for shipment on or in a rail car, including railroad transpor- tation for the purpose of interchanging railroad cars containing solid waste shipments; or ‘‘(II) a facility where solid waste is solely trans- ferred or transloaded from a tank truck directly to a rail tank car. ‘‘(I) SLUD G E.—The term ‘sludge’ means any solid, semi- solid or li q uid waste generated from a municipal, commer- cial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility exclusive of the treated effluent from a wastewater treat- ment plant. ‘‘(2) EX CEPTIONS.— N otwithstanding paragraph (1), the terms ‘household waste’, ‘commercial and retail waste’, and ‘institutional waste’ do not include— ‘‘( A ) yard waste and refuse-derived fuel; ‘‘(B) used oil; ‘‘( C ) wood pallets; ‘‘( D ) clean wood;

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