The following terms, as used in this chapter and chapter 103b, have the indicated meanings unless the context in which they are used demands a different meaning and intent:

(1) “Authority” means the Materials Innovation and Recycling Authority created and established pursuant to this chapter or any board, body, commission, department, officer, agency or other successor thereto;

(2) “State-wide solid waste management plan” means the administrative and financial plan developed by the Commissioner of Energy and Environmental Protection for solid waste disposal and resources recovery, pursuant to section 22a-228;

(3) “Resources recovery” means the processing of solid wastes to reclaim energy therefrom;

(4) “Recycling” means the processing of solid waste to reclaim material therefrom;

(5) “Person” means any individual, firm, partnership, association, limited liability company or corporation, public or private, organized or existing under the laws of the state or any other state, including federal corporations, but excluding municipalities, special districts having taxing powers or other political subdivisions of the state;

(6) “Waste management services” means actions taken to effectuate the receipt, storage, transportation and processing for resources recovery, recycling, reuse of recovered materials, or disposal of solid wastes, including the sale of products, materials or energy on behalf of the state, a region, a municipality or a person by the authority or by any person or persons acting under contract with the authority, pursuant to the provisions of this chapter;

(7) “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;

(8) “Solid waste facility” means any solid waste disposal area, volume reduction plant, transfer station, wood burning facility, or biomedical waste treatment facility;

(9) “Solid waste disposal area” means any location, including a landfill or other land disposal site, used for the disposal of more than ten cubic yards of solid waste;

(10) “Volume reduction plant” means any location or structure, whether located on land or water, where more than two thousand pounds per hour of solid waste generated elsewhere may be reduced in volume, including but not limited to, resources recovery facilities and other incinerators, recycling facilities, pulverizers, compactors, shredders, balers and composting facilities;

(11) “Resources recovery facility” means a facility utilizing processes aimed at reclaiming the material or energy values from solid wastes;

(12) “Transfer station” means any location or structure, whether located on land or water, where more than ten cubic yards of solid waste, generated elsewhere, may be stored for transfer or transferred from transportation units and placed in other transportation units for movement to another location, whether or not such waste is stored at the location prior to transfer;

(13) “Recycling facility” or “recycling center” means land and appurtenances thereon and structures where recycling is conducted, including but not limited to, an intermediate processing center as defined in this section;

(14) “Solid waste planning region” means those municipalities or parts thereof within or forming an area defined in the state-wide solid waste management plan;

(15) “Municipality” means any town, city or borough within the state;

(16) “Municipal authority” means the local governing body having legal jurisdiction over solid waste management within its corporate limits which shall be, in the case of any municipality which adopts a charter provision or ordinance pursuant to section 7-273aa, the municipal resource recovery authority;

(17) “Region” means two or more municipalities which have joined together by creating a district or signing an interlocal agreement or signing a mutual contract for a definite period of time concerning solid waste management within such municipalities;

(18) “Regional authority” means the administrative body delegated the responsibility for solid waste management in a region;

(19) “Bonds” means bonds of the authority issued pursuant to the provisions of this chapter and the authorizing resolutions of said authority;

(20) “Notes” means notes of the authority issued pursuant to this chapter and the resolutions of the authority, either in anticipation of and pending the issuance of bonds by the authority or otherwise;

(21) “Revenues” means moneys or income received by the authority in whatever form, including but not limited to fees, charges, lease payments, interest payments on investments, payments due and owing on account of any instrument, contract or agreement between the authority and any municipality, region, state agency or person, gifts, grants, bestowals or any other moneys or payments to which the authority is entitled under the provisions of this chapter or any other law, or of any agreement, contract or indenture of the authority;

(22) “Waste management project” means any solid waste disposal and resources recovery area, plant, works, system, facility or component of a facility, equipment, machinery or other element of a facility which the authority is authorized to plan, design, finance, construct, manage, operate or maintain under the provisions of this chapter, including real estate and improvements thereto and the extension or provision of utilities and other appurtenant facilities deemed necessary by the authority for the operation of a project or portion of a project, including all property rights, easements and interests required;

(23) “Solid waste management system” means that portion of the overall state-wide solid waste management plan specifically designed to deal with the provision of waste management services and to effect resources recovery and recycling by means of a network of waste management projects and resources recovery facilities developed, established and operated by the authority by contract or otherwise, but not embracing or including any regulatory or enforcement activities of the Department of Energy and Environmental Protection in accordance with applicable provisions of the general statutes and as may be referred to in the state-wide solid waste management plan as developed and promulgated by the Commissioner of Energy and Environmental Protection;

(24) “Costs” means the cost or fair market value, as determined by the authority, of construction, lands, property rights, utility extensions, disposal facilities, access roads, easements, franchises, financing charges, interest, engineering and legal services, plans, specifications, surveys, cost estimates, studies, transportation and other expenses necessary or incidental to the design, development, construction, financing, management and operation and maintenance of a waste management project, and such other costs or expenses of the authority, including administrative and operating costs, research and development, and operating capital, including fees, charges, loans, insurances, and the expense of purchasing real and personal property, including waste management projects;

(25) “Intermediate processing facility” means a facility where glass, metals, paper products, batteries, household hazardous waste, fertilizers and other items are removed from the waste stream for recycling or reuse;

(26) “Composting facility” means land, appurtenances, structures or equipment where organic materials originating from another process or location that have been separated at the point or source of generation from nonorganic material are recovered using a process of accelerated biological decomposition of organic material under controlled aerobic or anaerobic conditions;

(27) “Source-separated organic material” means organic material, including, but not limited to, food scraps, food processing residue and soiled or unrecyclable paper that has been separated at the point or source of generation from nonorganic material.

(P.A. 73-459, S. 4, 26; P.A. 79-605, S. 15, 17; P.A. 81-213, S. 2, 18; P.A. 87-489, S. 13, 14; P.A. 89-386, S. 7, 24; P.A. 91-55, S. 2; P.A. 95-79, S. 99, 189; P.A. 11-80, S. 1; 11-217, S. 2; P.A. 14-94, S. 1, 65.)

History: P.A. 79-605 rephrased definition of “solid waste”; P.A. 81-213 redefined “municipal authority” in Subsec. (n) to include municipal resource recovery authorities under chapter 103b and extended applicability of definitions to that chapter; Sec. 19-524s transferred to Sec. 22a-260 in 1983 and alphabetic Subdiv. indicators replaced editorially by the Revisors with numeric indicators; P.A. 87-489 added Subdiv. (23) defining “intermediate processing facility” and redefined “solid waste facility” to include such intermediate facilities; P.A. 89-386 redefined “resources recovery”, “recycling”, “waste management services”, “solid waste”, “solid waste facility”, “solid waste disposal area”, “volume reduction plant”, “solid waste management system” and “intermediate processing facility”, added definitions of “transfer station”, “recycling facility” and “recycling center” and renumbered the terms accordingly; P.A. 91-55 rephrased the definition of “solid waste” and broadened the definitions of “volume reduction plant”, “solid waste disposal area” and “transfer station”; P.A. 95-79 redefined “person” to include a limited liability company, effective May 31, 1995; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” and “Department of Environmental Protection” were changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” and “Department of Energy and Environmental Protection”, respectively, effective July 1, 2011; P.A. 11-217 added Subdiv. (26) defining “composting facility” and Subdiv. (27) defining “source-separated organic material”; P.A. 14-94 amended Subdiv. (2) by changing defined term from “state solid waste management plan” to “state-wide solid waste management plan” and replacing reference to Sec. 22a-211 with reference to Sec. 22a-228, and made technical and conforming changes, effective June 6, 2014; pursuant to P.A. 14-94, “Connecticut Resources Recovery Authority” was changed editorially by the Revisors to “Materials Innovation and Recycling Authority” in Subdiv. (1), effective June 6, 2014.

Cited. 210 C. 349; 218 C. 821.