As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise.

     (1) "Department" means the department of ecology.

     (2) "Director" means the director of the department of ecology or the director's designee.

     (3) "Dangerous waste" shall have the same definition as set forth in *RCW 70.105.010(5) and shall specifically include those wastes designated as dangerous by rules adopted pursuant to chapter 70.105 RCW.

     (4) "EPA/state identification number" means the number assigned by the EPA (environmental protection agency) or by the department of ecology to each generator and/or transporter and treatment, storage, and/or disposal facility.

     (5) "Extremely hazardous waste" shall have the same definition as set forth in *RCW 70.105.010(6) and shall specifically include those wastes designated as extremely hazardous by rules adopted pursuant to chapter 70.105 RCW.

     (6) "Fee" means the annual hazardous waste fees imposed under RCW 70.95E.020 and 70.95E.030.

     (7) "Generate" means any act or process which produces hazardous waste or first causes a hazardous waste to become subject to regulation.

     (8) "Hazardous substance" means any hazardous substance listed as a hazardous substance as of March 21, 1990, pursuant to section 313 of Title III of the Superfund Amendments and Reauthorization Act, any other substance determined by the director by rule to present a threat to human health or the environment, and all ozone depleting compounds as defined by the Montreal Protocol of October 1987.

     (9)(a) "Hazardous substance use reduction" means the reduction, avoidance, or elimination of the use or production of hazardous substances without creating substantial new risks to human health or the environment.

     (b) "Hazardous substance use reduction" includes proportionate changes in the usage of hazardous substances as the usage of a hazardous substance or hazardous substances changes as a result of production changes or other business changes.

     (10) "Hazardous substance user" means any facility required to report under section 313 of Title III of the Superfund Amendments and Reauthorization Act, except for those facilities which only distribute or use fertilizers or pesticides intended for commercial agricultural applications.

     (11) "Hazardous waste" means and includes all dangerous and extremely hazardous wastes, but does not include radioactive wastes or a substance composed of both radioactive and hazardous components and does not include any hazardous waste generated as a result of a remedial action under state or federal law.

     (12) "Hazardous waste generator" means any person generating hazardous waste regulated by the department.

     (13) "Office" means the office of waste reduction.

     (14) "Plan" means the plan provided for in RCW 70.95C.200.

     (15) "Person" means an individual, trust, firm, joint stock company, partnership, association, state, public or private or municipal corporation, commission, political subdivision of a state, interstate body, the federal government, including any agency or officer thereof, and any Indian tribe or authorized tribal organization.

     (16) "Process" means all industrial, commercial, production, and other processes that result in the generation of waste.

     (17) "Recycled for beneficial use" means the use of hazardous waste, either before or after reclamation, as a substitute for a commercial product or raw material, but does not include: (a) Use constituting disposal; (b) incineration; or (c) use as a fuel.

     (18) "Recycling" means reusing waste materials and extracting valuable materials from a waste stream. Recycling does not include burning for energy recovery.

     (19) "Treatment" means the physical, chemical, or biological processing of waste to render it completely innocuous, produce a recyclable by-product, reduce toxicity, or substantially reduce the volume of material requiring disposal as described in the priorities established in RCW 70.105.150. Treatment does not include incineration.

     (20) "Used oil" means (a) lubricating fluids that have been removed from an engine crankcase, transmission, gearbox, hydraulic device, or differential of an automobile, bus, truck, vessel, plane, heavy equipment, or machinery powered by an internal combustion engine; (b) any oil that has been refined from crude oil, used, and as a result of use, has been contaminated with physical or chemical impurities; and (c) any oil that has been refined from crude oil and, as a consequence of extended storage, spillage, or contamination, is no longer useful to the original purchaser. "Used oil" does not include used oil to which hazardous wastes have been added.

     (21) "Waste" means any solid waste as defined under RCW 70.95.030, any hazardous waste, any air contaminant as defined under RCW 70.94.030, and any organic or inorganic matter that shall cause or tend to cause water pollution as defined under RCW 90.48.020.

     (22) "Waste generator" means any individual, business, government agency, or any other organization that generates waste.

     (23) "Waste reduction" means all in-plant practices that reduce, avoid, or eliminate the generation of wastes or the toxicity of wastes, prior to generation, without creating substantial new risks to human health or the environment. As used in RCW 70.95C.200 through 70.95C.240, "waste reduction" refers to hazardous waste only.

[1991 c 319 § 313; 1990 c 114 § 2; 1988 c 177 § 2.]

NOTES:

     *Reviser's note: Due to the alphabetization of RCW 70.105.010 pursuant to RCW 1.08.015(2)(k), subsections (5) and (6) were changed to subsections (1) and (7) respectively.

     Severability -- Part headings not law -- 1991 c 319: See RCW 70.95F.900 and 70.95F.901.

     Severability -- 1990 c 114: See RCW 70.95E.900.