As used in this subpart:

1. (1)

   1. (A) “Solid waste” means any garbage, or refuse, sludge from a wastewater treatment plant, water supply treatment plant, or air pollution control facility and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include solid or dissolved materials in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permit under 33 U.S.C. § 1342, or source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954, 42 U.S.C. § 2011 et seq.
   2. (B) Recovered materials as defined by the Division of Environmental Quality, 8 CAR § 60-201, are not considered solid waste; and

2. (2)

   1. (A) “Solid waste hauler” means any person or business engaged in the collection and/or transportation for disposal or storage of solid wastes.

   2. (B) “Solid waste hauler” does not include a person:

      1. (i) Transporting their personal household wastes to a permitted facility;
      2. (ii) Hauling only waste tires; or
      3. (iii) Transporting solid waste from an industrial facility to its own Class 3 landfill.

   3. (C) There are two (2) types of solid waste haulers:

      1. (i) Type I haulers are those that haul all categories of nonhazardous solid waste as identified in Division of Environmental Quality, 8 CAR § 60-203; and
      2. (ii) Type II haulers are those that haul only Class IV wastes as identified in Division of Environmental Quality, 8 CAR § 60-203.