Md. Code Regs. 08.02.26.01

Current through Register Vol. 51, No. 24, December 2, 2024

Section 08.02.26.01 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Aggregation site" means a location where shell donated for recycling is stored or aged prior to being replanted in State waters.

(2) "Authorized shell recycling collector" means a business entity authorized by the Department to collect shells and issue grants to shell recyclers.

(3) "Bushel" means an amount of oyster shells that will fill a 10-gallon container, or about 500 shells.

(4) Business Entity.

(a) "Business entity" means:

(i) A person conducting or operating a trade or business in Maryland; or

(ii) An organization operating in Maryland that is exempt from taxation under § 501(c)(3) or (4) of the Internal Revenue Code.

(b) "Business entity" includes a person operating a landfill or solid waste acceptance facility permitted under COMAR 26.04.07.

(5) "Comptroller" means the Maryland Comptroller of the Treasury, or the Comptroller's designee.

(6) "Corporation" includes an association or joint-stock company.

(7) "Department" means the Maryland Department of Natural Resources.

(8) "Grant" means a payment to a shell recycler for donated shells.

(9) "Person" includes the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or private corporation, or any other entity.

(10) "Restaurant" means a food service facility as defined in COMAR 10.15.03.

(11) "Seafood dealer or processor" means a person who is:

(a) Licensed as a seafood dealer in accordance with Natural Resources Article, § 4-701, Annotated Code of Maryland, or who is exempt from licensing as a seafood dealer under Natural Resources Article, § 4-702, Annotated Code of Maryland; and

(b) Licensed or certified by the Maryland Department of Health in accordance with COMAR 10.15.07.

(12) "Shell recycler" means a nonprofit organization, community association, restaurant, seafood processor, or seafood dealer that donates shells to an authorized shell recycling collector and that has not received compensation for the shell donation from any source other than the Department or its agent.

Md. Code Regs. 08.02.26.01

Regulations .01 adopted as an emergency provision effective 41:3 Md. R. 199, eff.1/13/2014 ; adopted permanently effective 41:6 Md. R. 377, eff.3/31/2014 ; amended effective 51:17 Md. R. 777, eff. 9/2/2024.