(a)
General
(1) Unless specifically
excluded by the state hazardous waste management regulations, when a provision
of the Code of Federal Regulations (CFR) is incorporated by reference, or cited
in the state hazardous waste management regulations, all notes, comments,
appendices, diagrams, tables, and figures referred to or cited in such
provision are also incorporated by reference. In addition, when a provision of
the CFR is incorporated by reference or cited in the state hazardous waste
management regulations, such reference shall be deemed to include all
modifications made to any such provision by the state hazardous waste
management regulations.
(2) When a
provision of the CFR is incorporated by reference, unless otherwise noted all
internal references contained therein are also incorporated by reference for
the purposes of that provision. Each internal reference to the CFR is intended
to include any modifications to such internal reference made by the state
hazardous waste management regulations.
(3) Provisions of the CFR which are
specifically excluded from incorporation by reference in the state hazardous
waste management regulations are excluded in their entirety unless otherwise
specified, notwithstanding any apparent limitations in the scope of the
explanatory language enclosed in parentheses following the citation of the
excluded provision. Such explanatory language is included solely for the
convenience of the reader.
(4) In
the event that there are inconsistencies or duplications in the requirements of
the provisions incorporated by reference from 40 CFR
260 et seq. and the
regulations set forth in the state hazardous waste management regulations, the
provisions incorporated by reference from 40 CFR
260 et seq. shall prevail,
except where the regulations set forth in the state hazardous waste management
regulations are more stringent.
(5)
Whenever the state hazardous waste management regulations refer to a period of
retention which may be specified by the commissioner, the commissioner will not
specify any period of retention less than three years. The retention period for
all records required under the state hazardous waste management regulations
shall be extended automatically during the course of any unresolved enforcement
action or as requested by the commissioner in writing.
(6) Nothing in the state hazardous waste
management regulations shall affect the commissioner's authority to enforce
statutes, regulations, permits or orders administered or issued by the
commissioner, including but not limited to the commissioner's authority to
issue an order to prevent or abate pollution and potential sources of
pollution.
(7) Whenever any
provision in the state hazardous waste management regulations, including any
provision of the CFR which is incorporated by reference, makes reference to the
term "Act", "RCRA", "Resources Conservation and Recovery Act", "Subtitle C of
RCRA", "Subtitle C" or a specific section of any of the foregoing, the phrase
"or any applicable or comparable provision of the Connecticut General Statutes
and implementing regulations" shall be added so that the reference to the
federal provision shall be deemed to include such federal provision as well as
the applicable or comparable provision of the Connecticut General Statutes and
any implementing regulations.
(c)
Definitions. When
used in the State Hazardous Waste Management Regulations, including the
provisions of the CFR which are incorporated by reference in the State
Hazardous Waste Management Regulations:
(1)
"Administrator", "Regional Administrator", "EPA Regional Administrator",
"Assistant Administrator", "Assistant Administrator for Solid Waste and
Emergency Response" and "State Director" mean the commissioner of environmental
protection, except that:
(A) when used in
40
CFR
261.10,
261.11,
262.50 to
262.57, inclusive,
262.80 to 262.89, inclusive, 264.12(a), 264.150(a), 265.12(a), 265.150(a),
268.5, 268.6, 268.13, 268.40(b), 268.42(b), 268.44(a)-(g), 270.3, 270.5,
270.10(e)(3), 270.10(f)(3), 270.10(g)(1)(i), 270.11(a)(3) and 270.14(b)(20),
"Administrator" means the administrator of the United States Environmental
Protection Agency, or the administrator's designee, and "Regional
administrator" means the regional administrator for the EPA region in which the
facility is located, or the regional administrator's designee; and
(B) when used in the definitions of
"Administrator", "Hazardous waste constituent", "Major facility", "Regional
administrator" and "State/EPA agreement" in
40
CFR
260.10 or 40 CFR
270.2, "Administrator"
means the administrator of the United States Environmental Protection Agency,
or the administrator's designee, and "Regional administrator" means the
regional administrator for the EPA region in which the facility is located, or
the regional administrator's designee.
(2) "Agency", "EPA", "Environmental
Protection Agency", "United States Environmental Protection Agency", "U.S.
Environmental Protection Agency", "EPA region" and "EPA headquarters" mean the
Connecticut Department of Environmental Protection, except that:
(A) when used in
40 CFR
260.11(a),
261.1(a)(2),
261 Appendix IX, 262.50 to 262.57, inclusive, 262.80 to 262.89, inclusive,
264.12(a)(2), 264.71(d), 264.1082(c)(4)(ii) (the second reference to EPA only),
265.12(a)(2), 265.71(d), 265.1083(c)(4)(ii) (the second reference to EPA only),
268.1(e)(3), 268.5(g), 268.10, 268.11, 268.12, 268.44(a)-(g), 270.3, 270.5,
270.72(a)(5), 270.72(b)(5) and 124.10(c)(1)(ii), said terms mean the United
States Environmental Protection Agency;
(B) when used in the definitions of "Approved
Program or Approved State", "EPA", "Environmental Protection Agency", "Final
Authorization", "Interim Authorization", and "State/EPA Agreement" in
40
CFR
270.2, the terms "Agency", "EPA", "United
States Environmental Protection Agency", "U.S. Environmental Protection
Agency", and "EPA Headquarters" mean the United States Environmental Protection
Agency; and
(C) "EPA", when used in
the terms "EPA Identification Numbers", "EPA Hazardous Waste Numbers", "EPA
Test Methods", "EPA Publications", "EPA Form(s)", "EPA Guidance" and "EPA
Acknowledgment of Consent", means the United States Environmental Protection
Agency.
(3) "Authorized
state" means Connecticut's Department of Environmental Protection, except that
when used in
40 CFR
262.23(e) and in the
definition of "Designated facility" set forth in section
22a-449(c)
-100(c)(11) of the Regulations of Connecticut State Agencies, "Authorized
state" means any state that, pursuant to 40 CFR
271, has received authorization
of its hazardous waste program from the United States Environmental Protection
Agency.
(4) "Battery" means a
device consisting of one or more electrically connected electrochemical cells
which is designed to receive, store, and deliver electric energy. An
electrochemical cell is a self-contained system consisting of an anode,
cathode, and an electrolyte, plus such connections (electrical and mechanical)
as may be needed to allow the cell to deliver or receive electrical energy. The
term battery also includes an intact, unbroken battery from which the
electrolyte has been removed.
(5)
"Code of Federal Regulations" or "CFR", in reference to all or any portion of
40 CFR
124 and
260 to
279, inclusive, means the Code of Federal Regulations
revised as of July 1, 2000. All other references to the Code of Federal
Regulations (i.e., references to provisions other than
40 CFR 124 and
40 CFR
260 to 279, inclusive) mean the Code of Federal Regulations as of June 27,
2002.
(6) "Commissioner" means the
Commissioner of Environmental Protection of the State of Connecticut, or the
commissioner's designee.
(7)
"Corrective action management unit" or "CAMU" means an area within a facility
that is designated by the commissioner under 40 CFR
264, subpart S, for the
purpose of implementing corrective action remedies under
40 CFR
264.101 or section 22a-449(c)-105(h) of the
Regulations of Connecticut State Agencies. A CAMU shall be used only for the
management of remediation wastes.
(8) "Day" means calendar day, unless
otherwise specified.
(9)
"Department" or "DEP" means the Connecticut Department of Environmental
Protection.
(10) "Department of
Transportation" or "DOT" means the U.S. Department of Transportation.
(11) "Designated facility" means a hazardous
waste treatment, storage, or disposal facility which:
(A) has received a permit (or interim status)
in accordance with the requirements of section
22a-449(c)
-110 of the Regulations of Connecticut State Agencies, has received a permit
(or interim status) from a state authorized in accordance with 40 CFR
271, or
is regulated under
40 CFR
261.6(c)(2) or 40 CFR
266,
subpart F; and
(B) has been
designated on the manifest by the generator pursuant to
40 CFR
262.20.
If a waste is destined to a facility in an authorized state
which has not yet obtained authorization to regulate that particular waste as
hazardous, then the designated facility must be a facility allowed by the
receiving state to accept such waste.
(12) "Destination Facility" means a facility
that treats, disposes of, or recycles a particular category of universal waste,
except those management activities described in paragraphs (a) and (c) of
40 CFR
273.13
and
273.33. A
facility at which a particular category of universal waste is only accumulated,
is not a destination facility for purposes of managing that category of
universal waste. For purposes of section
22a-449(c)
-113(b) of the Regulations of Connecticut State Agencies, a facility that
engages in the disassembly or demanufacturing of used electronics:
(1) for the purpose of marketing, reselling,
reusing or recycling the components of a used electronic device;
(2) without treating the device or any
component thereof; and
(3) without
breaking the cathode ray tube, if any, in any such device, shall not be
considered a destination facility. A facility that shreds, crushes, heats, or
otherwise treats a used electronic device or any component thereof, or that
breaks the cathode ray tube in any used electronic device, shall be considered
a destination facility.
(13) "Director" means commissioner unless the
context clearly indicates otherwise, such as where EPA retains the authority to
take certain actions, in which case the term "Director" means the EPA regional
administrator.
(14) "EPA regional
office" or "Regional EPA office" means the Connecticut Department of
Environmental Protection, except that when used in
40 CFR
264.143(h),
264.145(h),
265.143(g)
and
265.145(g),
"EPA regional office" means the regional office of the United States
Environmental Protection Agency in which the facility is located.
(15) "Facility" means:
(A) All contiguous land, and structures,
other appurtenances, and improvements on the land, used for treating, storing
or disposing of hazardous waste. A facility may consist of several treatment,
storage or disposal operational units (e.g., one or more landfills, surface
impoundments or combinations of them);
(B) For the purpose of implementing
corrective action under
40 CFR
264.101, all contiguous property under the
control of the owner or operator seeking a permit under section
22a-449(c)
-110 of the Regulations of Connecticut State Agencies ; or
(C) For the purpose of implementing
corrective action under section
22a-449(c)
-105(h) of the Regulations of Connecticut State Agencies, all contiguous
property under the control of the owner or operator.
(16) "Impermeable" or "Impervious" means a
natural in-place soil or emplaced soil material having a permeability of less
than or equal to 1.0 X 10-7centimeters per second
(cm/sec), and, in the case of an artificial liner, the liner and its
construction and use have been approved in writing by the commissioner. This
definition shall not apply, however, to any secondary containment system or
surface that is required to be "sufficiently impervious".
(17) "Integral part of an industrial
production process" means an essential part of an industrial production process
that is directly connected to the industrial production process in a manner
that meets all of the definitional requirements for a totally enclosed
treatment facility as set out in
40
CFR
260.10. For purposes of this definition,
"industrial production process" may include a laboratory process at an academic
or research laboratory if such process satisfies the requirements of this
definition.
(18) "Lamp" or
"universal waste lamp" means the bulb or tube portion of an electric lighting
device. A lamp is specifically designed to produce radiant energy, most often
in the ultraviolet, visible, and infra-red regions of the electromagnetic
spectrum. Examples of universal waste electric lamps include, but are not
limited to, fluorescent, high intensity discharge, neon, mercury vapor, high
pressure sodium, and metal halide lamps.
(19) "Manifest" means the shipping document
EPA form 8700-22, originated and signed by the generator in accordance with the
instructions included in the Appendix to 40 CFR
262 and section 22a-449(c)-102
of the Regulations of Connecticut State Agencies.
(20) "Manifest document number" means the
U.S. EPA twelve digit identification number assigned to the generator plus a
unique five digit document number assigned to the manifest by the generator for
recording and reporting purposes, and the number printed on the manifest
prescribed by the commissioner.
(21) "Miscellaneous unit" means a hazardous
waste management unit where hazardous waste is treated, stored or disposed of
and that is not a container, tank, surface impoundment, pile, land treatment
unit, landfill, incinerator, boiler, industrial furnace, containment building,
corrective action management unit, or unit eligible for a research, development
and demonstration permit under
40 CFR
270.65.
(22) "Person" means both "Person" and
"Municipality" as those terms are defined in section
22a-423
of the Connecticut General Statutes, unless otherwise specified.
(23) "Pesticide", for purposes of section
22a-449(c)
-113 of the Regulations of Connecticut State Agencies, means any substance or
mixture of substances intended for preventing, destroying, repelling or
mitigating any pest, or intended for use as a plant regulator, defoliant or
desiccant, other than any article that:
(A)
is a new animal drug under
21 USC
321(v), section
201(w)
of the Federal Food, Drug, and Cosmetic Act; or
(B) is an animal drug that has been
determined by regulation of the Secretary of Health and Human Services not to
be a new animal drug; or
(C) is an
animal feed under
21 USC
321(w), section
201(x)
of the Federal Food, Drug, and Cosmetic Act, that bears or contains any
substances described in subparagraphs (A) or (B) of this subdivision.
(24) "ppmv" means parts per
million by volume.
(25) "Release"
means any discharge, as defined in
40
CFR
260.10, or any migration of substances
from a waste or combination of wastes into the environment.
(26) "Remediation waste" means all solid and
hazardous wastes, and all media (including groundwater, surface water, soils
and sediments) and debris, which contain a listed hazardous waste or which
themselves exhibit a hazardous waste characteristic, that are managed for the
purpose of implementing corrective action requirements under
40 CFR
264.101 or section 22a-449(c)-105(h) of the
Regulations of Connecticut State Agencies. For a given facility, remediation
wastes may originate only from within the facility boundary, but may include
waste managed in implementing corrective action for releases beyond the
facility boundary.
(27)
"Residential building" means any house, apartment, apartment complex with four
or less units, condominium complex with four or less units, cooperative complex
with four or less units, trailer, mobile home or other structure occupied by
individuals as a dwelling.
(28)
"Small quantity generator" means a generator who in a calendar month generates
more than 100 BUT less than 1000 kilograms of hazardous waste in that calendar
month, provided that such waste does not include more than:
(B) a total of 100 kilograms of
any residue or contaminated soil, waste, or other debris resulting from the
clean-up of a spill, into or on any land or water, of any acute hazardous
wastes listed in
40 CFR
261.31,
261.32,
or
261.33(e),
provided that there is no more than a total of one kilogram of acute hazardous
waste contained in that residue, soil, waste or debris.
Whenever any provision incorporated by reference from 40 CFR
260 to 279, inclusive, refers to a generator who generates between 100
kilograms and 1000 kilograms of hazardous waste in a calendar month, that
reference shall be deemed to be a reference to a "small quantity generator" as
defined in this definiton.
(29) "State", "Approved state" and "Approved
program" mean the state of Connecticut, except that:
(A) when used in
40 CFR
261.5(f)(3),
261.5(g)(3),
and 40 CFR
262,
264.71(a)(4), 264.71(b)(4), 264.143(h), 264.145(h), 264.147,
264.151, 265.71(a)(4), 265.71(b)(4), 265.143(g), 265.145(g), 265.147, 268.5(e),
268.6, 268.42(b) and 268.44(d), "State" means any of the several states, the
District of Columbia, the commonwealth of Puerto Rico, the Virgin Islands,
Guam, American Samoa and the commonwealth of the Northern Mariana
Islands;
(B) when used in the
definition of "Designated facility" in section
22a-449(c)
-100(c)(11) of the Regulations of Connecticut State Agencies, the definitions
of "EPA Region", "Person", "State" and "United States" in
40
CFR
260.10, and the definitions of "Approved
program or approved state", "Final authorization", "Interim authorization",
"Person" and "State" in
40
CFR
270.2, "State" means any of the several
states, the District of Columbia, the commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa and the commonwealth of the Northern Mariana
Islands; and
(C) when used in the
definition of "Permit" in
40
CFR
270.2, "Approved state" means any state
that, pursuant to 40 CFR
271, has received authorization of its hazardous waste
program from the United States Environmental Protection Agency.
(30) "State hazardous waste
management regulations" means sections
22a-449(c)
-100 to 119, inclusive, and section
22a-449(c)
-11 of the Regulations of Connecticut State Agencies.
(31) "Sufficiently impervious" means:
(A) free of gaps, cracks and areas of bare
earth;
(B) capable of containing
any hazardous waste, used oil or other material that may be accidentally or
otherwise released such that any such hazardous waste, used oil or other
material released does not migrate or seep from or through the secondary
containment system into the environment;
(C) compatible with any hazardous waste, used
oil or other material that may be accidentally or otherwise released into the
secondary containment system;
(D)
if necessary, coated with a material resistant to weathering or damage such
that any hazardous waste, used oil or other material that may be accidentally
or otherwise released into the secondary containment system does not migrate or
seep from or through the secondary containment system into the environment;
and
(E) free of floor or other
drains, catch basins or similar structures that would allow hazardous waste,
used oil or other material to be released into the environment.
(32) "TEQ" means toxicity
equivalence, the international method described in 40 CFR
266, Appendix IX,
section 4.0, of relating the toxicity of various dioxin/furan congeners to the
toxicity of 2,3,7,8-tetrachlorodibenzo-p dioxin.
(33) "Universal waste" means any of the
following hazardous wastes: (A) Batteries as described in
40 CFR
273.2; (B) Pesticides as described in
40 CFR
273.3; (C) Thermostats as described in
40 CFR
273.4; (D) Lamps as described in
40 CFR
273.5;
and (E) Used electronics as described in section
22a-449(c)
-113(b) of the Regulations of Connecticut State Agencies;
(34) "Used electronics" or "used electronic
device" means a device or component thereof that contains one or more circuit
boards or a cathode ray tube and is used primarily for data transfer or
storage, communication, or entertainment purposes, including but not limited
to, desk top and lap top computers, computer peripherals, monitors, copying
machines, scanners, printers, radios, televisions, camcorders, video cassette
recorders ("VCRs"), compact disc players, digital video disc players, MP3
players, telephones, including cellular and portable telephones, and
stereos.
(35) "Used oil" means any
oil refined from crude oil or synthetic oil, that:
(A) has been used and as a result of such use
is contaminated by physical or chemical impurities; or
(B) is no longer suitable for the services
for which it was manufactured due to the presence of impurities or a loss of
original properties.