Section 49-17-603 - Definitions; generation of waste in manufacture of controlled substances prohibited; penalties; exceptions(1) The definitions used in this section are expressly limited to this section only, and the inclusion of indoor air in the definition of "waste" does not expand the jurisdiction of the Commission on Environmental Quality or the Department of Environmental Quality to include the regulation of indoor air: (a) "By-product" means a substance produced without a separate intent during the manufacture, processing, use or disposal of another substance or mixture; and(b) "Waste" means all liquid, gaseous, solid, radioactive or other substances that may pollute or tend to pollute any waters of the state or soil within the state, and any particulate matter, dust, fumes, gas, mist, smoke or vapor, or any combination thereof, that may pollute or tend to pollute air in the state, including indoor air.(2) The generation of waste in any quantity by any person caused by the mixing, combining, processing or cooking together of two (2) or more precursor drugs or chemicals listed in Section 41-29-313 is unlawful unless: (a) The person has first obtained a generator identification number pursuant to the Resource Conservation and Recovery Act, 42 USCS Section 6901 et seq., and the regulations promulgated thereunder; or(b) The person has first obtained a treatment, storage or disposal permit pursuant to the Resource Conservation and Recovery Act, 42 USCS Section 6901 et seq., and the regulations promulgated thereunder; or(c) The process that generated the waste also, as part of the same process: (i) Created a product that is not illegal to possess pursuant to Section 41-29-139(c);(ii) Created a by-product that is not illegal to possess pursuant to Section 41-29-139(c), while not at the same time producing a controlled substance; or(iii) Was a process of servicing, maintaining or cleaning an item or product that is not illegal to possess pursuant to Section 41-29-139(c).(3) Any person who violates this section, upon conviction, is guilty of a felony and may be imprisoned for a period not to exceed thirty (30) years and shall be fined not less than Five Thousand Dollars ($5,000.00) nor more than One Million Dollars ($1,000,000.00), or may be both fined and imprisoned.(4) Nothing in this section shall preclude any farmer or manufacturer from storing or using any of the listed precursor drugs or chemicals listed in Section 41-29-313 in the normal pursuit of farming or manufacturing operations.(5) Nothing in this section shall preclude any wholesaler, retailer or pharmacist from possessing or selling precursor drugs or chemicals listed in Section 41-29-313 in the normal pursuit of business.(6) Except as may be otherwise provided, a property owner or occupant of land shall not be criminally or civilly liable for the generation of waste caused by the criminal acts of persons other than the property owner or occupant of such land if the property owner or occupant did not have prior knowledge of the criminal activity. Laws, 2001, ch. 560, § 2; Laws, 2005, ch. 463, § 5, eff. 7/1/2005.