(a)Definitions
For the purposes of the RSRs, the following terms have the
following meanings:
(1) "Application
of pesticides" means the spraying, spreading, injection, placement or other use
of pesticides at a parcel for the pesticide's intended purpose, but does not
include other releases of pesticides such as those from the handling, mixing,
storing, spilling, leaking or disposing of pesticides, or releases of
pesticides from equipment cleaning or repair.
(2) "Aquifer protection area" has the same
meaning as provided in section 22a-354h of the Connecticut General
Statutes.
(3) "Area of influence"
has the same meaning as provided in section
22a-354b-1(a)
of the Regulations of Connecticut State Agencies.
(4) "Areal extent of a groundwater plume"
means the surface area beneath which groundwater is polluted by a release and
in which one or more substances from such release or mobilized by such release
is present at a concentration above the laboratory reporting limit.
(5) "Background concentration" means the
concentration of a substance in soil or groundwater that based on a validated
conceptual site model is:
(A) In the general
geographic vicinity of a release; and
(B) Either:
(i) Naturally occurring; or
(ii) Minimally affected by human influences
at concentrations equal to or less than criteria specified in the
RSRs.
(6)
"Carcinogenic substance" means a substance defined as a "carcinogen" by federal
or state agencies and for which a quantitative health risk extrapolation is
available.
(7) "CFR" means the Code
of Federal Regulations.
(8)
"Commissioner" means the Commissioner of Energy and Environmental Protection or
the commissioner's designee.
(9)
"Conceptual site model" means a representation in three dimensions of
environmental conditions at a release area that is developed through a
multi-phased investigative approach which validates such representation with
information about including, but not limited to, a substance's release, fate
and transport, and pathway to human and environmental receptors.
(10) "Demarcation layer" means a
brightly-colored, tear-resistant environmentally-stable marker layer installed
at an appropriate depth, suitable to indicate the presence of polluted soil
beneath such layer.
(11)
"Department means the Department of Energy and Environmental
Protection.
(12) "Dilution factor"
means the ratio by which the concentration of a substance dissolving into soil
water is reduced by dilution with groundwater or surface water, as
applicable.
(13) "Dilution and
attenuation factor" or "Dilution attenuation factor" means the ratio by which
the concentration of a substance dissolving into soil water is reduced by
dilution with groundwater and by sorption to unsaturated or saturated soil, or
by degradation, transformation or stabilization of the substance.
(14) "Diminishing state groundwater plume"
means a groundwater plume that has been characterized seasonally and in three
dimensions, provided that the characterization of such plume:
(A) Is consistent with a validated conceptual
site model; and
(B) Demonstrates
that such plume:
(i) Is not migrating, or has
very limited potential to migrate, in any direction; and
(ii) Is comprised only of substances whose
concentrations have decreased and will continue to decrease over time, except
for the concentrations of related breakdown components, provided it is
demonstrated that concentrations of such breakdown components are not a known
risk to human health and the environment. For purposes of this clause,
"breakdown components" means constituent compounds that result from the
alteration of an original compound in the environment.
(15) "Direct exposure criteria" or
"DEC" means the criteria identified in Appendix A of the RSRs, alternative
direct exposure criteria approved by the commissioner pursuant to section
22a-133k-2(d)
of the RSRs, or direct exposure criteria approved by the commissioner pursuant
to section
22a-133k-2(b)(7)
of the RSRs .
(16) "Downgradient"
means in the direction of the maximum rate of decrease of hydraulic
head.
(17) "Downgradient area" with
respect to a release of a substance means the area bounded by:
(A) The width of the release area of such
substance perpendicular to the direction of groundwater flow;
(B) Two side boundary lines parallel to the
downgradient direction of groundwater flow extending from the two endpoints of
said width to the downgradient parcel boundary; and
(C) The downgradient parcel boundary
extending between the two side boundary lines, excluding any portion of such
downgradient area that is either affected by any other release of such
substance or beneath an existing permanent structure.
(18) "Engineered control" means any physical
barrier, system, technology or method that prevents exposure to polluted soil,
or minimizes migration of liquids or vapor through such soil, and complies with
the other requirements specified in section
22a-133k-2(f)(2)
of the RSRs.
(19) "Environmental
land use restriction" or "ELUR" has the same meaning as provided in section
22a-133q-l of the Regulations of Connecticut State Agencies.
(20) "Environmentally isolated soil" means
polluted soil which is above the seasonal high water table and is not subject
to infiltration in accordance with section
22a-133k-2(c)(5)(A)
of the RSRs, thereby preventing the leaching of pollutants from such soil into
groundwater.
(21) "EPA" means the
United States Environmental Protection Agency.
(22) "ETPH" means extractable total petroleum
hydrocarbons.
(23) "Environmental
use restriction" or "EUR" has the same meaning as provided in section
22a-133q-l of the Regulations of Connecticut State Agencies.
(24) "EUR regulations" has the same meaning
as provided in section 22a-133q-l of the Regulations of Connecticut State
Agencies.
(25) "Excess lifetime
cancer risk" means the estimated probability that an individual's exposure to a
substance could result in cancer.
(26) "GA area" means an area where the
groundwater classification is GA, GAA, or GAAs.
(27) "GB area" means an area where the
groundwater classification is GB.
(28) "Groundwater" means that portion of
"waters" as defined in section 22a-423 of the Connecticut General Statutes at
or below the water table.
(29) "
Groundwater classification" means the groundwater classification established in
the Water Quality Standards.
(30)
"Groundwater criteria" means surface water protection criteria, water quality
criteria, volatilization criteria, groundwater protection criteria, and
background concentration, as applicable.
(31) " Groundwater divide" means a line on
the water table from which the water table slopes downward in both directions
away from such line.
(32)
"Groundwater plume" means groundwater that has been polluted by a release and
is emanating from a release area and in which one or more substances from such
release is p concentration above the laboratory reporting limit.
(33) " Groundwater protection criteria" or
"GWPC" means the criteria identified in Appendix C of the RSRs, alternative
groundwater protection criteria calculated by an LEP or approved by the
commissioner pursuant to section
22a-133k-3(d)(2)
of the RSRs, or groundwater protection criteria approved by the commissioner
pursuant to section
22a-133k-3(i)(1)
of the RSRs.
(34) "Hardscape" means
man-made features that are incorporated into landscaped areas, including
walkways constructed with asphalt, concrete, or pavers; gravel parking areas
and driveways; paved or gravel storm water features; placement of natural rock;
rip-rap; and non-vegetated retaining walls.
(35) "Hazard index" means the calculation of
the potential for non-cancer health effects as a result of exposure to one or
more substances with the same or similar modes of toxic action or toxic
endpoints.
(36) "Hydraulic
gradient" means the change in hydraulic head per unit distance.
(37) "Hydraulic head" means the elevation to
which water rises in a piezometer or a well.
(38) "Immobilization" or "Immobilize" means
the act of binding a substance to create a solid that is resistant to leaching
and eliminates or virtually eliminates the mobility of a substance from such
solid, including, but not limited to, solidification to physically bind or
enclose a substance within a stabilized mass, stabilization through chemical
reactions between a stabilizing agent and a substance, or encapsulation by
coating a substance.
(39)
"Inaccessible soil" means soil that meets at least one of the following
conditions:
(A) Is more than four feet below
the ground surface;
(B) Is more
than two feet below a paved ground surface comprised of bituminous concrete
that, at a minimum, is three inches thick or reinforced concrete that, at a
minimum, is four inches thick;
(C)
Is beneath a building or other permanent structure; or
(D) Is polluted fill:
(i) Beneath a paved ground surface comprised
of bituminous concrete that, at a minimum, is three inches thick or reinforced
concrete that, at a minimum, is four inches thick; and
(ii) That exceeds the applicable direct
exposure criteria solely due to:
(I)
Semi-volatile organic substances or petroleum hydrocarbons that are normal
constituents of bituminous concrete ; or
(II) Metals at concentrations that are equal
to or less than two times the applicable direct exposure criteria .
(40)
"Industrial/commercial activity" means any activity related to the commercial
production, distribution, manufacture or sale of goods , services, or any other
activity which is not a residential activity .
(41) "Industrial/commercial direct exposure
criteria" means the criteria identified as industrial/commercial direct
exposure criteria in Appendix A of the RSRs, alternative direct exposure
criteria approved by the commissioner pursuant to section
22a-133k-2(d)
of the RSRs, or direct exposure criteria approved by the commissioner pursuant
to section
22a-133k-2(b)(7)
of the RSRs.
(42)
"Industrial/commercial volatilization criteria" means the criteria identified
as industrial/commercial volatilization criteria in Appendix E and Appendix F
of the RSRs, alternative volatilization criteria approved by the commissioner
pursuant to section
22a-133k-3(c)(4)
of the RSRs, or volatilization criteria approved by the commissioner pursuant
to section
22a-133k-3(i)(3)
of the RSRs.
(43) "Intermittent
watercourse" is a type of watercourse, as the term is defined in section 22a-38
of the Connecticut General Statutes, delineated in accordance with section
22a-38 of the Connecticut General Statutes.
(44) "Laboratory reporting limit means the
lowest concentration at which an analyte can be detected in a sample of
environmental media by a laboratory certified by the Department of Public
Health pursuant to section 19a-29a of the Connecticut General Statutes and
which concentration can be reported with a reasonable degree of accuracy and
precision pursuant to section 22a-133k-l(h) of the RSRs.
(45) "Licensed environmental professional" or
"LEP" means an environmental professional who has a current valid license
issued by the commissioner pursuant to section 22a-133v of the Connecticut
General Statutes.
(46) "Matrix
interference " means either a positive or negative effect when measuring the
concentration of a substance in a sample that creates erroneous results for an
analyte.
(47) "Maximum extent
practicable" means the greatest degree of remediation that can be achieved
using sound engineering and hydrogeologic practices without taking cost into
consideration.
(48) "Maximum extent
prudenf means the greatest degree of remediation that can be achieved using
sound engineering and hydrogeologic practices that the commissioner deems
reasonable, taking into consideration cost in proportion to social and
environmental benefits, provided that a mere showing of expense will not
necessarily render an alternative unreasonable.
(49) "Monitored natural attenuation" means
representative groundwater monitoring of the natural attenuation of each
substance in a groundwater plume to a concentration equal to or less than
groundwater criteria, provided such monitoring demonstrates that:
(A) Such attenuation is occurring, and will
continue to occur, as evidenced by changes in chemical concentrations,
alterations of chemical components, and hydrogeologic conditions within the
aquifer after completing the remediation of a release area in a manner that
will achieve compliance with the RSRs; and
(B) The only remaining groundwater plume from
a release is a diminishing state groundwater plume.
(50) "Natural attenuation" means a decrease
in concentration of a substance in groundwater through operation of natural
physical or chemical processes, including, but not limited to, adsorption,
absorption, dilution, phase transfer, oxidation, organic complexation,
biodegradation, dispersion and diffusion.
(51) "Naturally occurring" means present in
the environment in forms that have not been influenced by human
activity.
(52) "Ninety-five (95)
percent upper confidence level of the arithmetic mean" m value that, when
repeatedly calculated for randomly drawn subsets of size n
from a popular equals or exceeds the population arithmetic mean ninety-five
(95) percent of the time.
(53)
"Non-aqueous phase liquid" or "NAPL" means a liquid that is not dissolved in
water.
(54) "Notice of Activity and
Use Limitation" or "NAUL" has the same meaning provided in section 22a-133q-l
of the Regulations of Connecticut State Agencies.
(55) "Organoleptic" means the capability to
produce a detectable sensory stimulus such as odor or taste.
(56) "Parcel" means a piece, tracts or lot of
land, together with the buildings and other improvements situated thereon, a
legal description of which piece, tracts or lot is contained in a deed or other
instrument of conveyance.
(57) "
PCBs" means polychlorinated biphenyls.
(58) "PPB" means parts per billion.
(59) "PPM" means parts per million.
(60) "Person" has the same meaning as
provided in section 22a-2(b) of the Connecticut General Statutes.
(61) "Pesticide" has the same meaning as
provided in section 22a-47(w) of the Connecticut General Statutes.
(62) "Pollutant mobility criteria" or "PMC"
means the criteria identified in Appendix B of the RSRs, alternative pollutant
mobility criteria calculated by an LEP or approved by the commissioner pursuant
to section
22a-133k-2(d)
of the RSRs, or pollutant mobility criteria approved by the commissioner
pursuant to section
22a-133k-2(c)(6)
of the RSRs.
(63) "Polluted fill"
means soil which contained polluting substances at the time such soil was
deposited as fill material.
(64)
"Polluted material" means soil that has been historically intermixed with coal
ash, wood ash, coal fragments, coal slag, coal clinkers, asphalt paving
fragments, or any combination thereof
(65) "Polluted soil" means soil affected by a
release of a substance at a concentration above the laboratory reporting limit
for such substance.
(66)
"Pollution" has the same meaning as provided in section 22a-423 of the
Connecticut General Statutes.
(67)
"Potential public water supply resource" means any "potential well fields" as
defined in section 22a-354a of the Connecticut General Statutes, or any area
mapped by the commissioner pursuant to section 22a-354c(b) of the Connecticut
General Statutes.
(68) "Public
roadway" means any portion of a federal, state, town, or other public highway,
including, but not limited to, road, street, parkway, limited access highway,
boulevard, or avenue paved with bituminous concrete or concrete, under the
control of the federal government, the state or any political subdivision of
the state, any quasi-governmental entity or municipal economic development
agency or entity created or operating under the Connecticut General Statutes,
that is dedicated, appropriated, or open to the movement of vehicles or
pedestrians, including appurtenant sidewalks, medians, and shoulders, but
excluding landscaped or grassy areas beyond the outer edge of the travel
way.
(69) "Public water supply
distribution system" means any combination of pipes, tanks, pumps, etc. which
deliver water from the source or treatment facility to the consumer from any
water company, as defined in section 25-32a of the Connecticut General
Statutes, supplying water to two (2) or more consumers, or twenty-five (25) or
more persons daily, at least sixty (60) days of the year.
(70) "Q99" means the daily stream flow that
is predicted to be equaled or exceeded on ninety-nine (99) percent of days in a
year, and is calculated using methods developed by the U.S. Geological Survey
(Stream Stats).
(71) "Release"
means any discharge, spillage, uncontrolled loss, seepage, filtration, leakage,
injection, escape, dumping, pumping, pouring, emitting, emptying, or disposal
of a substance.
(72) "Release area"
means the land area at and beneath which polluted soil is located as a result
of a release.
(73) "Remediation"
means the containment, removal, mitigation, or abatement of pollution , or a
substance which poses a risk to human health or the environment, and includes,
but is not limited to, the reduction of pollution by natural
attenuation.
(74) "Reasonable
confidence protocols" or "RCPs" means any reasonable confidence protocols,
quality assurance requirements, or quality control requirements, posted by the
commissioner on the department's internet website, regarding the laboratory
measurements of the concentration of a substance in a sample.
(75) "Remediation Standard Regulations" or
"RSRs" means sections 22a-133k-l to 22a-133k-3, inclusive, of the Regulations
of Connecticut State Agencies, including Appendix A to Appendix I, inclusive,
of said regulations and when identified by a specific reference, "RSRs" also
means any individual section or specific provision of sections 22a-133k-l to
22a-133k-3, inclusive, of the Regulations of Connecticut State Agencies,
including Appendix A to Appendix I, of said regulations.
(76) "Residential activity" means any
activity at
(A) A place intended for people to
live, including, but not limited to, a residence, dwelling, house, apartment,
condominium, nursing home, or dormitory:
(B) A pre-school, primary school, secondary
school, day care center, playground, or outdoor recreational area: or
(C) A hospital, solely for the purposes of
compliance with volatilization criteria.
(77) "Residential direct exposure criteria"
means the criteria identified as residential direct exposure criteria in
Appendix A of the RSRs, alternative direct exposure criteria approved by the
commissioner pursuant to section
22a-133k-2(d)
of the RSRs, or direct exposure criteria approved by the commissioner pursuant
to section
22a-133k-2(b)(7)
of the RSRs.
(78) "Residential
volatilization criteria" means the criteria identified as residential
volatilization criteria in Appendix E and Appendix F of the RSRs, alternative
volatilization criteria approved by the commissioner pursuant to section 22a-13
3k-3 (c)(4) of the RSRs, or volatilization criteria approved by the
commissioner pursuant to section
22a-133k-3(i)(3)
of the RSRs.
(79) "Seasonal high
water table" means, on an annual basis, the highest plane in the ground at
which all pore spaces are filled with water at atmospheric pressure.
(80) "Seasonal low water table" means, on an
annual basis, the lowest plane in the ground at which all pore spaces are
filled with water at atmospheric pressure.
(81) "Sedimenf means unconsolidated material
occurring in a watercourse, as that term is defined in section 22a-38 of the
Connecticut General Statutes, and in estuarine water or marine water.
(82) "Semi-volatile organic substance" means
an organic substance that has a higher molecular weight and higher boiling
point than a volatile organic substance.
(83) "Soil" means unconsolidated geologic
material overlying bedrock, land.
(84) "Soil water" means that portion of
"waters," as defined in section 22a-423 of the Connecticut General Statutes,
which is above the water table.
(85) "Soil vapor" means gaseous substances in
the space between particles of soil.
(86) "SPLP" means Synthetic Precipitation
Leaching Procedure EPA Method 1312 as set forth in "Test Methods for Evaluating
Solid Waste: Physical/Chemical Methods", SW-846, U.S. Environmental Protection
Agency, Office of Solid Waste, Washington D.C. 20460.
(87) "Substance" means an element, compound
or material which, when added to air, water, soil or sediment, may alter the
physical, chemical, biological or other characteristic of such air, water, soil
or sediment.
(88) "Subject area"
means an area where the RSRs require an EUR to be placed and maintained as part
of the selected remedial approach. "Subject area" includes the area subject to
the restrictions and requirements of an EUR after such EUR has been recorded.
There can be multiple subject areas on a parcel, or an entire parcel may
comprise a single subject area.
(89) "Surface-water protection criteria" or
"SWPC" means the criteria identified in Appendix D of the RSRs, alternative
surface water protection criteria calculated by an LEP or approved by the
commissioner pursuant to section
22a-133k-3(b)
of the Regulations of Connecticut State Agencies, or surface water protection
criteria approved by the commissioner pursuant to section
22a-133k-3(i)(2)
of the RSRs.
(90) "TCLP" means
Toxicity Characteristic Leaching Procedure EPA Method 1311 as set forth in
"Test Methods for Evaluating Solid Waste: Physical/Chemical Methods", SW-846,
U.S. Environmental Protection Agency, Office of Solid Waste, Washington D.C.
20460.
(91) "Technically
impracticable" means a determination by the commissioner that further reduction
of the concentration of a substance in soil or groundwater cannot be achieved
using sound engineering and hydrogeologic remediation practices.
(92) "TI Zone" means the areal extent of a
substance that is technically impracticable to remediate to the applicable
groundwater criteria.
(93)
"Upgradienf means in the direction of maximum rate of increase of hydraulic
head.
(94) "Upgradient area" with
respect to a release area of a substance means the area bounded by:
(A) The width of the release area of such
substance perpendicular to the direction of groundwater flow;
(B) Two side boundary lines parallel to the
upgradient direction of groundwater flow extending from the two endpoints of
said width to the upgradient parcel boundary; and
(C) The upgradient parcel boundary extending
between the two side boundary lines , excluding any portion of such upgradient
area that is affected by any other release of such substance, or beneath an
existing permanent structure.
(95) "Volatilization criteria" means the
criteria identified in Appendix E and Appendix F of the RSRs, alternative
volatilization criteria approved by the commissioner pursuant to section 22a-13
3k-3 (c)(4) of the RSRs, or volatilization criteria approved by the
commissioner pursuant to section
22a-133k-3(i)(3)
of the RSRs.
(96) "Volatilization
criteria for groundwater" means the criteria identified in Appendix E of the
RSRs, alternative volatilization criteria approved by the commissioner pursuant
to section 22a-13 3k-3 (c)(4) of the RSRs, or volatilization criteria approved
by the commissioner pursuant to section
22a-133k-3(i)(3)
of the RSRs.
(97) "Volatilization
criteria for soil vapor" means the criteria identified in Appendix F of the
RSRs, alternative volatilization criteria approved by the commissioner pursuant
to section 22a-13 3k-3 (c)(4) of the RSRs, or volatilization criteria approved
by the commissioner pursuant to section
22a-133k-3(i)(3)
of the RSRs.
(98) "Volatile organic
substance" means an organic substance that has a high vapor pressure and low
boiling point at room temperature.
(99) "Volatile petroleum substance" means a
volatile organic substance found in gasoline, diesel fuel, fuel oil, heating
oil, kerosene, jet fuel, or similar fuels, along with volatile organic
substances that may have been used as fuel additives.
(100) "Water table" means the plane in the
ground at which all pore spaces are filled with water at atmospheric
pressure.
(101) "Water quality
criteria" means the lower of the human health or aquatic life criteria
contained in Table 3 of the Water Quality Standards.
(102) "Water quality standards" means the
Connecticut Water Quality Standards in sections 22a-426-l to 22a-426-9,
inclusive, of the Regulations of Connecticut State Agencies and the
Classification Maps adopted pursuant to section 22a-426 of the Connecticut
General Statues.
(103) "Wetland"
has the same meaning as "wetlands" as provided in section 22a-38(15) of the
Connecticut General Statutes or "wetland" as provided in section 22a-29(2) of
the Connecticut General Statutes.