As used in this chapter the following terms shall, where the context permits, be construed as follows:

(1)  “Community recycling center” means a central collection point in a community for recyclable materials, or a point where the materials are taken after being collected to be processed.

(2)  “Department” means the department of environmental management.

(3)  “Director” means the director of the department of environmental management.

(4)  “Litter” means garbage, trash, waste, rubbish, ashes, cans, bottles, wire, paper, cartons, boxes, automobile parts, furniture, glass, or anything else of an unsightly or unsanitary nature thrown, dropped, discarded, placed, or deposited by a person on public property, on private property not owned by the person, or in or on waters of the state, unless the person has:

(i)  Been directed to do so by a public official as part of a litter collection drive;

(ii)  Discarded, thrown, dropped, placed, or discarded the material in a litter receptacle in a manner that prevented the material from being carried away by the elements; or

(iii)  Been issued a license or permit covering the material pursuant to chapters 18.9 and 19.1 of title 23.

(5)  “Litter bag” means a bag, sack, or other container made of any material which is large enough to serve as a receptacle for litter inside a vehicle or watercraft.

(6)  “Litter receptacle” means those containers adopted by the department of environmental management and which may be standardized as to size, shape, capacity, and color and which shall bear the state anti litter symbol, as well as any other receptacles suitable for the depositing of litter.

(7)  “Person” means any natural person, political subdivision, government agency, public or private corporation, partnership, joint venture, association, firm, individual proprietorship, or other entity whatsoever.

(8)  “Program” means those activities of the department to encourage, manage, and fund litter control and recycling pursuant to this chapter.

(9)  “Public place” means any area that is used or held out for use by the public whether owned or operated by public or private interests.

(10)  “Recycling” means the reuse of recovered resources in manufacturing, agriculture, power production, or other processes.

History of Section.
P.L. 1984, ch. 251, § 2.