Except as provided in this subchapter, the following words and terms,
when used in this subchapter, shall have the meanings prescribed in §334.2
of this title (relating to Definitions), unless the word or term is redefined
in this subchapter or unless the context clearly indicates otherwise. Words
used in more than one subchapter are defined in Subchapter A of this chapter
(relating to General Provisions). Words widely used in more than one chapter
are defined in Chapter 3 of this title (relating to Definitions).
(1) Active life--The period from the initial receipt of waste
at the facility until the executive director receives certification of final
closure.
(2) Active portion--That portion of a facility where treatment,
or storage operations are being or have been conducted and which is not a
closed portion. (See also "closed portion" and "inactive portion").
(3) Aquifer--A geologic formation, group of formations, or
part of a formation capable of yielding groundwater to wells or springs.
(4) Area subject to active shoreline erosion--A coastal area
where shoreline erosion has been documented within historic time.
(5) Areas of direct drainage--Those land areas from which surface
water runoff could flow into a lake or other surface water used to supply
public drinking water.
(6) Authorized--Allowed in writing by agency registration,
by order, by permit, by license, or by rule.
(7) Authorized Representative--The person designated by the
owner or operator to represent the facility or the person designated by the
waste generator as the generator's representative.
(8) Class A facility--A facility which will at any time store
or treat petroleum-substance contaminated soils generated from more than one
leaking petroleum storage tank (LPST) site.
(9) Class B facility--A mobile treatment unit which will treat
petroleum-substance soils from only one LPST site at a time at that LPST site.
The petroleum-substance soils treated at that site must have originated from
that site.
(10) Class C facility--A facility located elsewhere than the
LPST site but which will store or treat petroleum-substance soils generated
from only that one LPST site.
(11) Class D facility--A facility located at the LPST site
which will store or treat the petroleum- substance soils generated from only
that site.
(12) Clean fill standard--Soil which is no longer considered
waste.
(13) Closed portion--That portion of a facility which an owner
or operator has closed in accordance with the approved facility closure plan
and all applicable closure requirements. (See also "active portion" and "inactive
portion.")
(14) Contingency plan--A document setting out an organized,
planned, and coordinated course of action to be followed in case of a fire,
explosion, or release of waste or waste constituents which could threaten
human health and safety or the environment.
(15) Critical habitat of a endangered species--An area that
is determined by the United States Fish and Wildlife Service to be a critical
habitat for an endangered species.
(16) Designated facility--The authorized storage, treatment,
or disposal facility that has been designated on the petroleum-substance waste
manifest by the generator.
(17) Discharge--The accidental or intentional spilling, leaking,
pumping, pouring, emitting, emptying, or dumping of waste into or on any land
or water.
(18) Disposal--The discharge, deposit, injection, dumping,
spilling, leaking, or placing of any waste (whether containerized or noncontainerized)
into or on any land or water so that such waste or any constituent thereof
may enter the environment or be emitted into the air or discharged into or
adjacent to any waters, including groundwater.
(19) Disposal facility -- A facility or part of a facility
at which waste is intentionally placed into or on any land or water or adjacent
to any water, and at which such waste will remain.
(20) Effective substitute--A substance which may be used in
the place of another substance for the same purpose without creating adverse
environmental conditions.
(21) Erosion--The group of natural processes, including weathering,
deterioration, detachment, dissolution, abrasion, corrosion, wearing away,
and transportation, by which earthen or rock material is removed from any
part of the earth's surface.
(22) Existing Portion--That land surface area of an existing
waste management unit, on which wastes have been placed prior to the issuance
of a registration.
(23) Facility--Includes structures, other appurtenances, and
improvements on the land for storing or treating petroleum-substance waste.
A facility may consist of several storage or treatment operational units.
A facility may also be a mobile treatment unit.
(24) Facility Operator--The person responsible for the overall
operation of a facility or an operation unit (i.e., part of facility), e.g.,
the plant manager, superintendent, or person of equivalent responsibility
for the regulated activity.
(25) Facility Owner--The person who owns a facility or part
of a facility.
(26) Final closure--The closure of all waste management units
at the facility in accordance with all applicable closure requirements.
(27) Generator--Any person who produces petroleum-substance
waste; any person who stores or treats petroleum-substance waste; any person
who possesses petroleum-substance waste to be shipped to any other person;
or any person whose act first causes the petroleum-substance waste to become
subject to regulation under this subchapter.
(28) Groundwater--Water below the land surface in a zone of
saturation.
(29) Hazardous waste--Any solid waste identified or listed
as a hazardous waste by the administrator of the United States Environmental
Protection Agency pursuant to the federal Solid Waste Disposal Act, as amended
by the Resource Conservation and Recovery Act, 42 United States Code 6901
et seq., as amended.
(30) Inactive portion--That portion of a facility which is
not operated. (See also "active portion" and "closed portion.")
(31) In operation--Refers to a facility which is treating or
storing petroleum-substance waste.
(32) In-situ treatment--The reduction of contaminant levels
in soil or groundwater which is conducted without removing the contaminated
media from the ground.
(33) Interim registration--Authorization for a storage or treatment
facility received by the facility up to September 25, 1992.
(34) Land disposal facility--Any landfill, surface impoundment,
waste pile, injection well, or other facility at which waste is finally disposed.
(35) Land surface treatment facility--A facility, unit, or
part of a facility at which waste is applied onto a liner on the soil surface
during treatment.
(36) Liner--A continuous layer of man-made materials, beneath
and on the sides of a surface area which restricts the downward and lateral
escape of waste, waste constituents, or leachate.
(37) Maximum allowable inventory--The maximum amount of petroleum
contaminated soil (not including soil that meets the "Clean fill standard"
criteria) that may be at a registered facility at any one time. The maximum
allowable inventory amount will be designated in the application for registration
and will be the basis for the facility closure cost estimate required to meet
financial assurance requirements.
(38) New petroleum-substance waste management facility--Any
facility to be used for the storage or treatment of petroleum-substance waste
and which is not an existing petroleum substance waste management facility.
(39) One hundred-year floodplain--Any land area which is subject
to a 1.0% or greater chance of flooding in any given year from any source.
(40) On-site--The same or geographically contiguous property
which may be divided by public or private rights-of-way. Noncontiguous properties
owned by the same person but connected by a right- of-way which that person
controls and to which the public does not have access, is also considered
on- site property.
(41) PST-Waste Manifest--The form furnished by the agency to
accompany shipments of petroleum- substance waste to track the movement and
transference of petroleum-substance waste.
(42) Partial closure--The closure of a petroleum-substance
waste management unit in accordance with the applicable closure requirements
at a facility that contains other active petroleum-substance waste management
units.
(43) Personnel or facility personnel--All persons who work
at or oversee the operations of a waste management facility, and whose actions
or failure to act may result in noncompliance with the requirements of this
subchapter.
Cont'd... |
