Unless otherwise noted, all terms contained in this section
are defined by their plain meaning. This section contains definitions
that are applicable only to this subchapter and that supersede definitions
in §330.3 of this title (relating to Definitions) where those
terms appear in this subchapter. As used in this subchapter, words
in the singular include the plural and words in the plural include
the singular. The following words and terms, when used in this subchapter,
have the following meanings.
(1) Alteration--Minor changes and standard redesign
activities common in residential and commercial structures, such as
moving walls and doors, that will not affect the foundation or increase
the horizontal extent of the foundation.
(2) Authorization--A written approval issued by the
executive director that, by its conditions, may allow the disturbance
of the integrity of the final cover.
(3) Closed municipal solid waste landfill--A permitted
or previously permitted municipal solid waste landfill, a municipal
solid waste landfill which has never been permitted, or a dumping
area as defined in this section, which stopped receiving waste and
completed the closure activities.
(4) Closure plan--A plan addressing the placement of
a final cap on a closed municipal solid waste landfill where waste
is exposed or the existing cap is inadequate.
(5) Construction--The inception of an activity that
provides improvements necessary for the utilization of an enclosed
structure.
(6) Develop and/or development--Any activity on or
related to real property that is intended to lead to the construction
or alteration of an enclosed structure for the use and/or occupation
of people for an industrial, commercial, or public purpose or to the
construction of residences for three or more families, including subdivisions
that will include single-family homes and duplexes.
(7) Development permit--A written permit issued by
the executive director that, by its conditions, may authorize a person
or persons to develop an enclosed structure over a closed municipal
solid waste landfill unit. The development permit does not supersede
local building and development permits, but is an additional permit.
(8) Dumping area--An non-permitted area of land or
an excavation with unknown boundaries or which have had the boundaries
determined through subsequent investigation that has received only
municipal solid waste or municipal solid waste combined with other
solid wastes, including but not limited to, construction/demolition
waste, commercial solid waste, nonhazardous sludge, very small quantity
generator hazardous waste, and industrial solid waste, and that is
not a land treatment unit, surface impoundment, injection well, or
waste pile as those terms are defined in 40 Code of Federal Regulations §257.2.
(9) Enclosed structure or structure--Any permanent
structure that is intended to be or has the potential of being used
or occupied by people for an industrial, commercial, public, or residential
purpose.
(10) Essential improvements--All improvements and appurtenances
including, but not limited to, the excavations for the structure,
installation of utilities, on-site wastewater disposal facilities,
grading and drainage improvements, access drives and parking lots,
foundation, security, fencing, landscape plantings, and irrigation
systems necessary for the utilization of an enclosed structure.
(11) Existing structure--Any enclosed structure that
began development prior to September 1, 1993.
(12) Permitted development--An enclosed structure or
group of enclosed structures that have been issued a development permit.
(13) Post-closure care--The period of time beginning
with the professional engineer certification of completing final closure
activities as accepted by the executive director in accordance with §§330.453(f),
330.455(c), or 330.457(f)(5) of this title (relating to Closure and
Post-Closure) and ending with the professional engineer certification
of completion of post-closure care maintenance as accepted by the
executive director in accordance with §330.463 of this title
(relating to Post-Closure Care Requirements). Monitoring and maintenance
activities are required during the post-closure care period in accordance
with §330.463 of this title.
(14) Post-closure care landfills--A municipal solid
waste landfill facility that has received a municipal solid waste
permit under §330.7 of this title (relating to Permit Required)
and is currently in the post-closure care period as defined in this
section.
(15) Registration--A document issued by the executive
director regarding submitted information for an existing enclosed
structure built over a closed municipal solid waste landfill unit
that does not require a development permit.
(16) Site operating plan--A prepared document that
provides guidance for operations and procedures necessary to maintain
human safety and environmental protection at the development, permitted
development, or existing structure in a manner consistent with the
development permit and the commission's regulations.
(17) Structures gas monitoring plan--A document prepared
by a licensed professional engineer that provides procedures to ensure
the detection of landfill gases and the prevention of migration of
landfill gases into enclosed structures.
|
