Mont. Admin. R. 17.50.502 - DEFINITIONS
In addition to the definitions in 75-10-203, MCA, the following definitions apply to this subchapter:
(1) "Act" means the Montana Solid Waste
Management Act,
75-10-201 through
75-10-233, MCA.
(2) "Active life" means the period of
operation beginning with the initial receipt of solid waste and ending at
completion of closure activities in accordance with subchapter 14.
(3) "Airport" means a public use airport open
to the public without prior permission and without restrictions within the
physical capacities of available facilities.
(4) "Clean fill" means soil, dirt, sand,
gravel, rocks, and rebar-free concrete, emplaced free of charge to the person
placing the fill, in order to adjust or create topographic irregularities for
agricultural or construction purposes.
(5) "Closure" means the process by which an
owner or operator of a facility closes all or part of a facility in accordance
with a department-approved closure plan and all applicable closure requirements
specified in subchapter 14.
(6)
"Construction and demolition waste" means the waste building materials,
packaging, and rubble resulting from construction, remodeling, repair, and
demolition operations on pavements, houses, commercial buildings, and other
structures, once municipal, household, commercial, and industrial wastes have
been removed.
(7) "Container site"
means a solid waste management facility, generally open to the public, for the
collection of solid waste that is generated by more than one household or firm
and that is collected in a refuse container with a total capacity of not more
than 50 cubic yards.
(8)
"Contaminated soil" means soil, rocks, dirt, or earth that has been made impure
by contact, commingling, or consolidation with organic compounds such as
petroleum hydrocarbons. This definition does not include soils contaminated
solely by inorganic metals, soils that meet the definition of hazardous waste
under ARM Title 17, chapter 53, or regulated PCB (polychlorinated biphenyls)
contaminated soils.
(9)
"Department" means the Department of Environmental Quality provided for in
2-15-3501, MCA.
(10) "Existing," when used in conjunction
with "unit" or a type of unit, means a unit that was licensed as a solid waste
management system and was receiving solid waste as of October 9,
1993.
(11) "Facility" means
property where solid waste management is occurring or has occurred. It includes
all contiguous land and structures, other appurtenances, and improvements on
the land used for management of solid waste.
(12) "Floodplain" has the meaning specified
in ARM 17.50.403.
(13) "Generation" means the act or process of
producing waste materials.
(14)
"Ground water" means water below the land surface in a zone of
saturation.
(15) "Industrial solid
waste" means solid waste generated by manufacturing or industrial processes
that is not a hazardous waste regulated under subtitle C of the federal
Resource Conservation and Recovery Act of 1976 (RCRA). The definition includes,
but is not limited to, waste resulting from the following manufacturing or
industrial processes:
(a) electric power
generation;
(b)
fertilizer/agricultural chemicals;
(c) food and related
products/byproducts;
(d) inorganic
chemicals;
(e) iron and steel
manufacturing;
(f) leather and
leather products;
(g) nonferrous
metals manufacturing/foundries;
(h)
organic chemicals;
(i) plastics and
resins manufacturing;
(j) pulp and
paper industry;
(k) rubber and
miscellaneous plastic products;
(l)
stone, glass, clay, and concrete products;
(m) textile manufacturing;
(n) transportation equipment; and
(o) water treatment.
(16) "Land application unit" means an area
where wastes are applied onto or incorporated into the soil surface for
agricultural purposes or for treatment and disposal. The definition does not
include manure spreading operations.
(17) "Landfill" means an area of land or an
excavation where wastes are placed for permanent disposal, and that is not a
land application unit, surface impoundment, injection well, or waste
pile.
(18) "Lateral expansion"
means a horizontal expansion of the waste boundaries of an existing disposal
unit.
(19) "Leachate" means a
liquid which has contacted, passed through, or emerged from solid waste and
contains soluble, suspended, or miscible materials removed from the
waste.
(20) "Leachate collection
system" means an engineered structure, located above a liner and below the
refuse in a landfill unit, designed to collect leachate.
(21) "Leachate removal system" means an
engineered structure that allows for the removal of leachate from a landfill
unit. A leachate removal system may be, but is not necessarily, used in
conjunction with a leachate collection system.
(22) "Licensed boundary" means the perimeter
of the area within a solid waste management facility that the department has
approved for solid waste management under ARM
17.50.513.
(23) "Licensee" means a person who has, or
persons who have, been issued a license by the department to operate a solid
waste management system.
(24)
"Liquid waste" means any waste material that is determined to contain "free
liquids" as defined by Method 9095 (Paint Filter Liquids Test), as described in
"Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods" (EPA Pub.
No. SW-846).
(25) "Maximum
horizontal acceleration" means the maximum expected horizontal acceleration
depicted on a seismic hazard map, with a 90% or greater probability that the
acceleration will not be exceeded in 250 years, or the maximum expected
horizontal acceleration based on a site-specific seismic risk
assessment.
(26) "New," when used
in conjunction with "unit" or a type of unit, means a unit that is not an
existing unit.
(27) "Operator"
means the person responsible for the overall operation of a facility or part of
a facility.
(28) "Owner" means the
person who owns a facility or part of a facility.
(29) "PCB wastes" means those polychlorinated
byphenyls or PCB items subject to regulation under 40 CFR Part 761.
(30) "Person" has the meaning given in
75-10-203, MCA.
(31) "Post-closure care" means the activities
required at a landfill after the completion of closure in which all aspects of
the landfill containment, extraction, control, and monitoring systems must be
inspected, operated, and maintained in accordance with a department-approved
post-closure plan and all applicable requirements in subchapter 14.
(32) "RCRA" means the federal Solid Waste
Disposal Act, as amended by and hereinafter referred to as the Resource
Conservation and Recovery Act of 1976 and subsequent amendments, codified at
42 USC
6901 through
6992k.
(33) "Regulated hazardous waste" means a
solid waste that is a hazardous waste, as defined in
40 CFR
261.3, that is not excluded from regulation
as a hazardous waste under 40 CFR 261.4(b)
or was not generated by a conditionally exempt small quantity generator as
defined in 40 CFR
261.5.
(34) "Residue" means the waste material
remaining after processing, incineration, composting, recovery, or recycling
have been completed. Residues are usually disposed of in landfills.
(35) "Seismic impact zone" means an area with
a 10% or greater probability that the maximum horizontal acceleration in
lithified earth material, expressed as a percentage of the earth's
gravitational pull (g), will exceed 0.10g in 250 years.
(36) "Solid waste" has the meaning given in
75-10-203, MCA.
(37) "Solid waste management system," as
defined in
75-10-203, MCA, means a system
which controls the storage, treatment, recycling, recovery, or disposal of
solid waste. In addition, for the purposes of this definition, the department
does not consider a container site to be a component of a solid waste
management system.
(38) "Special
waste" has the meaning given in
75-10-802, MCA.
(39) "Surface impoundment" means a facility
or part of a facility that is a natural topographic depression, human made
excavation, or diked area formed primarily of earthen materials (although it
may be lined with human made materials), that is designed to hold an
accumulation of liquid wastes or wastes containing free liquids and is not an
injection well. Examples of surface impoundments are holding, storage,
settling, and aeration pits, ponds, and lagoons.
(40) "Unit" means a discrete area of land or
an excavation used for the landfilling or other disposal of solid
waste.
(41) "Waste" means useless,
unwanted, or discarded materials in any physical form, i.e., solid, semi-solid,
liquid, or gaseous. The term is not intended to apply to by-products or
materials which have economic value and may be used by the person producing the
material or sold to another person for resource recovery or use in a beneficial
manner.
(42) "Waste pile" or "pile"
means any noncontainerized accumulation of solid, nonflowing waste that is used
for treatment or storage.
Notes
AUTH: 75-10-204, MCA; IMP: 75-10-204, MCA
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