Unless otherwise noted, all terms contained in this section
are defined by their plain meaning. This section contains definitions
for terms that appear throughout this chapter. Additional definitions
may appear in the specific section to which they apply. The following
words and terms, when used in this chapter, have the following meanings,
unless the context clearly indicates otherwise.
(1) 100-year flood--A flood that has a 1.0% or greater
chance of recurring in any given year or a flood of a magnitude equaled
or exceeded once in 100 years on the average over a significantly
(2) Active disposal area--All landfill working faces
and areas covered with daily and alternative daily cover.
(3) Active life--The period of operation beginning
with the initial receipt of solid waste and ending at certification/completion
of closure activities in accordance with §§330.451, 330.453,
330.455, 330.457, and 330.459 of this title (relating to Applicability;
Closure Requirements for Municipal Solid Waste Landfill Units that
Stopped Receiving Waste Prior to October 9, 1991, Type IV Landfills,
and Municipal Solid Waste Sites; Closure Requirements for Municipal
Solid Waste Landfill Units that Received Waste on or after October
9, 1991, but Stopped Receiving Waste Prior to October 9, 1993; Closure
Requirements for Municipal Solid Waste Landfill Units that Receive
Waste on or after October 9, 1993; and Closure Requirements for Municipal
Solid Waste Storage and Processing Units).
(4) Active portion--That part of a facility or unit
that has received or is receiving wastes and that has not been closed
in accordance with §§330.451, 330.453, 330.455, 330.457,
and 330.459 of this title (relating to Applicability; Closure Requirements
for Municipal Solid Waste Landfill Units that Stopped Receiving Waste
Prior to October 9, 1991, Type IV Landfills, and Municipal Solid Waste
Sites; Closure Requirements for Municipal Solid Waste Landfill Units
that Received Waste on or after October 9, 1991, but Stopped Receiving
Waste Prior to October 9, 1993; Closure Requirements for Municipal
Solid Waste Landfill Units that Receive Waste on or after October
9, 1993; and Closure Requirements for Municipal Solid Waste Storage
and Processing Units).
(5) Airport--A public-use airport open to the public
without prior permission and without restrictions within the physical
capacities of available facilities.
(6) Ancillary equipment--Any device that is used to
distribute, meter, or control the flow of solid waste from its point
of generation to a storage or processing tank(s), between solid waste
storage and processing tanks to a point of disposal on-site, or to
a point of shipment for disposal off-site. Such devices include, but
are not limited to, piping, fittings, flanges, valves, and pumps.
(7) Animal crematory--A facility for the incineration
of animal remains that meets the following criteria:
(A) control of combustion air to maintain adequate
temperature for efficient combustion;
(B) containment of the combustion reaction in an enclosed
device to provide sufficient residence time and mixing for complete
(C) control of the emission of the combustion products.
(8) Aquifer--A geological formation, group of formations,
or portion of a formation capable of yielding significant quantities
of groundwater to wells or springs.
(9) Areas susceptible to mass movements--Areas of influence
(i.e., areas characterized as having an active or substantial possibility
of mass movement) where the movement of earth material at, beneath,
or adjacent to the municipal solid waste landfill unit, because of
natural or man-induced events, results in the downslope transport
of soil and rock material by means of gravitational influence. Areas
of mass movement include, but are not limited to, landslides, avalanches,
debris slides and flows, soil fluctuation, block sliding, and rock
(10) Asbestos-containing materials--Include the following.
(A) Category I nonfriable asbestos-containing material
means asbestos-containing packings, gaskets, resilient floor covering,
and asphalt roofing products containing more than 1.0% asbestos as
determined using the method specified in Appendix A, Subpart F, 40
Code of Federal Regulations (CFR) Part 763, §1, Polarized Light
(B) Category II nonfriable asbestos-containing material
means any material, excluding Category I nonfriable asbestos-containing
material, containing more than 1.0% asbestos as determined using the
methods specified in Appendix A, Subpart F, 40 CFR Part 763, §1,
Polarized Light Microscopy, that, when dry, cannot be crumbled, pulverized,
or reduced to powder by hand pressure.
(C) Friable asbestos-containing material means any
material containing more than 1.0% asbestos that, when dry, can be
crumbled, pulverized, or reduced to powder by hand pressure.
(D) Nonfriable asbestos-containing material means any
material containing more than 1.0% asbestos that, when dry, cannot
be crumbled, pulverized, or reduced to powder by hand pressure.
(11) ASTM--The American Society for Testing and Materials.
(12) Battery--An electrochemical device that generates
electric current by converting chemical energy. Its essential components
are positive and negative electrodes made of more or less electrically
conductive materials, a separate medium, and an electrolyte. There
are four major types:
(A) primary batteries (dry cells);
(B) storage or secondary batteries;
(C) nuclear and solar cells or energy converters; and
(D) fuel cells.
(13) Battery acid (also known as electrolyte acid)--A
solution of not more than 47% sulfuric acid in water suitable for
use in storage batteries, which is water white, odorless, and practically
free from iron.
(14) Battery retailer--A person or business location
that sells lead-acid batteries to the general public, without restrictions
to limit purchases to institutional or industrial clients only.
(15) Battery wholesaler--A person or business location
that sells lead-acid batteries directly to battery retailers, to government
entities by contract sale, or to large-volume users, either directly
or by contract sale.
(16) Bird hazard--An increase in the likelihood of
bird/aircraft collisions that may cause damage to an aircraft or injury
to its occupants.
(17) Boiler--An enclosed device using controlled flame
combustion and having the following characteristics.
(A) The unit must have physical provisions for recovering
and exporting thermal energy in the form of steam, heated fluids,
or heated gases.
(B) The unit's combustion chamber and primary energy
recovery section(s) must be of integral design. To be of integral
design, the combustion chamber and the primary energy recovery section(s)
(such as waterwalls and superheaters) must be physically formed into
one manufactured or assembled unit. A unit in which the combustion
chamber and the primary energy recovery section(s) are joined only
by ducts or connections carrying flue gas is not integrally designed;
however, secondary energy recovery equipment (such as economizers
or air preheaters) need not be physically formed into the same unit
as the combustion chamber and the primary energy recovery section.
The following units are not precluded from being boilers solely because
they are not of integral design:
(i) process heaters (units that transfer energy directly
to a process stream); and
(ii) fluidized bed combustion units.
(C) While in operation, the unit must maintain a thermal
energy recovery efficiency of at least 60%, calculated in terms of
the recovered energy compared with the thermal value of the fuel.
(D) The unit must export and utilize at least 75% of
the recovered energy, calculated on an annual basis. In this calculation,
no credit shall be given for recovered heat used internally in the
same unit. Examples of internal use are the preheating of fuel or
combustion air, and the driving of induced or forced draft fans or
(18) Brush--Cuttings or trimmings from trees, shrubs,
or lawns and similar materials.
(19) Buffer zone--A zone free of municipal solid waste
processing and disposal activities within and adjacent to the facility
boundary on property owned or controlled by the owner or operator.
(20) Citizens' collection station--A facility established
for the convenience and exclusive use of residents (not commercial
or industrial users or collection vehicles), except that in small
communities where regular collections are not available, small quantities
of commercial waste may be deposited by the generator of the waste.
The facility may consist of one or more storage containers, bins,
(21) Class 1 wastes--Any industrial solid waste or
mixture of industrial solid wastes that because of its concentration,
or physical or chemical characteristics is toxic, corrosive, flammable,
a strong sensitizer or irritant, a generator of sudden pressure by
decomposition, heat, or other means, or may pose a substantial present
or potential danger to human health or the environment when improperly
processed, stored, transported, or disposed of or otherwise managed,
as further defined in §335.505 of this title (relating to Class
1 Waste Determination).
(22) Class 2 wastes--Any individual solid waste or
combination of industrial solid waste that are not described as Hazardous,
Class 1, or Class 3 as defined in §335.506 of this title (relating
to Class 2 Waste Determination).
(23) Class 3 wastes--Inert and essentially insoluble
industrial solid waste, usually including, but not limited to, materials
such as rock, brick, glass, dirt, and certain plastics and rubber,
etc., that are not readily decomposable, as further defined in §335.507
of this title (relating to Class 3 Waste Determination).
(24) Collection--The act of removing solid waste (or
materials that have been separated for the purpose of recycling) for
(25) Collection system--The total process of collecting
and transporting solid waste. It includes storage containers; collection
crews, vehicles, equipment, and management; and operating procedures.
Systems are classified as municipal, contractor, or private.
(26) Commence physical construction--The initiation
of physical on-site construction on a site for which an application
to authorize a municipal solid waste management unit is pending, the
construction of which requires approval of the commission. Construction
of actual waste management units and necessary appurtenances requires
approval of the commission, but other features not specific to waste
management are allowed without commission approval.
(27) Commercial solid waste--All types of solid waste
generated by stores, offices, restaurants, warehouses, and other nonmanufacturing
activities, excluding residential and industrial wastes.
(28) Compacted waste--Waste that has been reduced in
volume by a collection vehicle or other means including, but not limited
to, dewatering, composting, incineration, and similar processes, with
the exception of waste that has been reduced in volume by a small,
in-house compactor device owned and/or operated by the generator of
(29) Composite liner--A liner system consisting of
two components: the upper component must consist of a minimum 30-mil
geomembrane liner or minimum 60-mil high-density polyethylene, and
the lower component must consist of at least a two-foot layer of re-compacted
soil deposited in lifts with a hydraulic conductivity of no more than
1 x 10-7 centimeters/second. The geomembrane
liner component must be installed in direct and uniform contact with
the compacted soil component.
(30) Compost--The stabilized product of the decomposition
process that is used or sold for use as a soil amendment, artificial
top soil, growing medium amendment, or other similar uses.
(31) Composting--The controlled biological decomposition
of organic materials through microbial activity.
(32) Conditionally exempt small-quantity generator--A
person that generates no more than 220 pounds of hazardous waste in
a calendar month.
(33) Construction or demolition waste--Waste resulting
from construction or demolition projects; includes all materials that
are directly or indirectly the by-products of construction work or
that result from demolition of buildings and other structures, including,
but not limited to, paper, cartons, gypsum board, wood, excelsior,
rubber, and plastics.
(34) Container--Any portable device in which a material
is stored, transported, or processed.
(35) Contaminate--To alter the chemical, physical,
biological, or radiological integrity of ground or surface water by
man-made or man-induced means.
(36) Contaminated water--Leachate, gas condensate,
or water that has come into contact with waste.
(37) Controlled burning--The combustion of solid waste
with control of combustion air to maintain adequate temperature for
efficient combustion; containment of the combustion reaction in an
enclosed device to provide sufficient residence time and mixing for
complete combustion; and control of the emission of the combustion
products, i.e., incineration in an incinerator.