As used in this chapter, the words in this section shall have the following meanings unless the context otherwise requires:

(a) “Bins” means a receptacle capable of containing 3 or more cubic yards of solid waste and designed for mechanical handling.

(b) “Business” means any individual proprietorship, partnership, corporation, association, joint venture or other project which carries on commercial or industrial activity for gain or profit, including but not limited to any motel, hotel or apartment, and cannery.

(c) “Construction and demolition waste” means all soil, rock, construction debris, demolition debris and all similar materials generated by construction and demolition projects.

(d) “Department” means the department of public works of the government.

(e) “Director” means the director of public works.

(f) “Disposal facilities” means all landfills, baling stations, transfer stations, recycling plants, composts, shredding stations and incinerators operated or regulated by the government.

(g) “Executive secretary” means the executive secretary of the environmental quality commission of the government.

(h) “Government” means the American Samoa Government.

(i) “Hazardous waste” means a substance defined as hazardous waste under United States regulations, 40 CFR 261.3, and other United States laws and regulations. Hazardous waste is excluded from any other definitions of waste in this section for purposes of these rules and shall be handled, stored, disposed or otherwise processed solely in accordance with applicable federal and other territorial laws and rules or regulations.

(j) “Incinerator” means any apparatus owned or regulated by the government where solid waste is treated by a method of burning.

(k) “Industrial waste” means waste generated by industrial processes and manufacturing;

(l) “Infectious waste” means all equipment, utensils of disposable nature used to treat patients with communicable disease, all laboratory wastes, all surgical room waste containing pathological specimens and similar matter.

(m) “Institution” means any individual proprietorship, partnership, corporation, association, joint venture or other project which carries on nonprofit activities.

(n) “Licensed collector” means and includes any person who has been licensed by the government to collect solid waste.

(o) “Licensed operator” means any person who has been licensed by the government to operate disposal facilities.

(p) “Motel, hotel or apartment” means an establishment which has 2 or more dwelling units and has been licensed by the government to provide lodging for hire.

(q) “Owner” means the occupant of a dwelling unit or place of business or institution; provided, however, that if said dwelling unit or place of business or institution is rented to any such occupant, then the term “owner” means the person to whom the rent is payable.

(r) “Person” means any individual, corporation, partnership, firm, association, trust estate, owner, business, institution, public agency, or political subdivision.

(s) “Solid waste” means:

(1) “garbage” which consists of putrescible animal and vegetable wastes and all organic wastes resulting from the handling, preparation, cooking, serving and consumption of food;

(2) “rubbish” which consists of non-putrescible wastes and including such materials as paper, cardboard, yard trimmings, clothes, shoes, and non-combustible such as bottles; cans, china, glass, and any other material of similar character; and

(3) “special waste” which consists of:

(A) bulky wastes such as lumber, scrap iron pipes, tree branches over 2 inches in diameter, refrigerators, stoves, radios, television sets, phonographs, bedsteads, bed spring tables, sofas, chairs, water heaters, sinks and other similar materials or equipment of a weighty or bulky nature; and

(B) mineral wastes such as slag, Tailings, rubble and other similar materials usually found around or resulting from mining, dredging or similar operations.

(t) “Treasurer” means the treasurer of the government.

History: Rule 10-88, eff 9 Oct 88, § 1.