(a) As used in these Rules, the following
terms shall have the specified meaning. If a term is not defined, it shall have
its common meaning:
(1) Adjoining Landowner -
means a person who owns land in fee simple, if that land:
(A) Shares a property boundary with a tract
of land where a proposed or actual injection well is located; or
(B) Is adjacent to a tract of land where a
proposed or actual injection well is located and the two properties are
separated only by a river, stream, or public highway.
(2) Applicant - means the person(s) who own
the land where the injection well is located. There may be multiple applicants
if there are multiple owners.
(3)
Best Treatment and Disposal Technology - means a treatment and disposal
technology for a type of waste that is based on standard hydrogeologic and
engineering principles and that is designed to achieve compliance with the
primary enforcement standards of the Groundwater Protection Rule and
Strategy.
(4) CERCLA - means the
Comprehensive Environmental Response, Compensation, and Liability Act of 1980,
42
U.S.C. §§
9601 -
9675.
(5) Class I Well - means an injection well as
defined in
40 C.F.R. §
144.6(a). (Deep wells for
the disposal of hazardous waste, municipal and industrial waste and radioactive
waste).
(6) Class II Well - means
an injection well as defined in
40 C.F.R. §
144.6(b). (Oil and natural
gas wells).
(7) Class III Well -
means an injection well as defined in
40 C.F.R. §
144.6(c). (Mining for sulfur
by the Frasch process; in-situ mining for uranium or other metals; solution
mining of salts or potash).
(8)
Class IV Well - means an injection well as defined in
40 C.F.R. §
146.6(d). (Shallow hazardous
waste disposal wells).
(9) Class V
Well - means any injection well that does not meet the definition of a Class I,
II, III, IV or VI well.
(10) Class
VI Well - means an injection well that is not experimental in nature that is
used for geologic sequestration of carbon dioxide beneath the lowermost
formation containing groundwater; or, an injection well used for geologic
sequestration of carbon dioxide that has been granted a waiver of the injection
depth requirements pursuant to requirements of
40 CFR §
146.95.
(11) Co-applicant - means the person who will
be using the injection well when that person does not own the land where the
well is located.
(12) Compliance
Point - means the point of compliance as determined under the Vermont
Groundwater Protection Rule and Strategy.
(13) Cooling Water - means cooling water that
does not meet the definition of non-contact cooling water.
(14) Discharge - means the placing,
depositing or emission of any wastes into an injection well.
(15) Disposal System - means a waste
discharging system that may or may not depend on soil to treat the waste that
is discharged where there is no overland flow.
(16) Division - means the Drinking Water and
Groundwater Protection Division of the Department of Environmental Conservation
of the Vermont Agency of Natural Resources.
(17) Domestic Waste - means wastewater
produced by ordinary living uses, including liquid waste containing animal or
vegetable matter in suspension or solution, or the water carried waste from the
discharge of toilets, bidets, tubs, washing machines, sinks, dishwashers, or
other source of water-carried wastes of human origin. Domestic waste does not
include process wastewater.
(18)
Food Processing Waste - means a non-pathogenic waste produced during commercial
or industrial food production that is biodegradable.
(19) Groundwater - means water below the land
surface in a zone of saturation including springs. This term does not include
surface water.
(20) GWPRS - means
the Vermont Groundwater Protection Rule and Strategy.
(21) Hazardous Material - means all petroleum
and toxic, corrosive or other chemicals and related sludge included in any of
the following:
(A) any substance defined in
section 101(14) of the federal Comprehensive Environmental Response,
Compensation and Liability Act of 1980;
(B) petroleum, including crude oil or any
fraction thereof; or
(C) hazardous
wastes.
(22) Hazardous
Waste - means any material determined to be hazardous under the Vermont
Hazardous Waste Management Regulations.
(23) Injection Well - means a disposal system
or any bored, drilled, or driven shaft, dug hole, or any other opening in the
ground that is used to discharge waste, either under pressure or gravity, to
the soil or groundwater. Injection well includes those wastewater systems used
to dispose of the waste and waste streams listed in § 11-302 of this Rule.
Note: The majority of the wastewater systems are regulated
under the Wastewater System and Potable Water Supply Rules.
(24) Mining Waste - means process wastewater
from an industrial or manufacturing facility that processes materials from a
mining activity and where chemicals are intentionally added as a part of that
processing. Mining waste can include waste solely from cutting, shaping or
finishing granite, marble, limestone, slate or other stone for monuments,
buildings or other similar uses.
(25) Mineral Processing Waste - means process
wastewater from an industrial or manufacturing facility that processes
materials from a mining activity that is generated from the beneficiation,
irrespective of the addition of chemicals, of rock or ore to separate and
concentrate valuable minerals from waste material, remove impurities, or
prepare the rock for further refinement. Mineral processing waste does not
include mining waste solely from cutting, shaping or finishing granite, marble,
limestone, slate or other stone for monuments, buildings or other similar
uses.
(26) Non-contact Cooling
Water - means the water used to reduce temperature that does not come in
contact with any raw material, intermediate product, waste product (other than
heat), or finished product. Non-contact cooling water does not include any
process waters or other type of wastewaters, nor is it exposed to anything but
the inside of the pipe.
(27)
Permanent Legal Access - means an easement, right of way, deed or other legal
document that creates an enforceable permanent property interest that provides
access to an injection well for the purposes of construction, operation,
maintenance, sampling, and monitoring the injection well.
(28) Person - means any individual;
partnership; company; corporation; association; joint venture; trust;
municipality; the State of Vermont or any agency, department, or subdivision of
the state; any federal agency or any legal or commercial entity.
(29) Process Wastewater - means any water
that, during manufacturing or processing, comes into direct contact with, or
results from the production or use of any raw material, intermediate product,
finished product, byproduct, or waste product. For the purposes of these rules,
process wastewater does not include food processing waste, mining waste or
mineral processing waste.
(30)
Professional Engineer - means an engineer licensed by the Board of Professional
Engineering under 26 V.S.A. Chapter 20 who is operating within the scope of his
or her license.
(31) Qualified
Hydrogeologist - means a person with training or experience in bedrock geology,
glacial geology and groundwater hydrogeology sufficient to prepare the
hydrogeologic studies and analyses required for a permit application under
these rules.
(32) Residence - means
a building or structure where one or more person(s) live, whether year round,
seasonally or temporarily. Examples of a residence include, but are not limited
to: single family dwellings, duplexes, apartment buildings, mobile home parks,
dorms, residential condominiums, residential accessory units, hotels, motels,
bed and breakfast establishments, boarding houses. A residence does not include
any commercial operation located in the residence unless:
(A) The commercial operation itself is
residential in nature; or
(B) The
commercial operation is run by an occupant of the residence and does not entail
the substantial presence of non-residential employees or regular visits from
the public.
(33)
Secretary - means the Secretary of the Agency of Natural Resources or his or
her duly authorized representative.
(34) Soil-Based Disposal System - means a
disposal system that depends on naturally occurring soil to receive the
effluent from the system and to transmit the effluent away from the site
without any overland flow. Soil-based disposal systems include, but are not
limited to, those that have a settling tank with leachfield, an advanced
treatment system with leachfield, or a spray disposal system.
(35) Waste - means any substance or material
that flows or moves whether in a semi-solid, liquid or other state.
(36) Wastewater system - means any piping,
pumping, treatment or disposal system used for the conveyance and treatment of
sanitary waste or used water, including, but not limited to, carriage water,
shower and wash water, and process wastewater. This definition does not include
any internal piping or plumbing, except for mechanical systems, such as pump
stations and storage tanks or toilets, that are located inside a building or
structure and that are integral to the operation of a wastewater system. This
definition also does not include wastewater systems that are used exclusively
for the treatment and disposal of animal manure. For the purposes of these
Rules, "wastewater system" refers to a soil-based disposal system of less than
6,500 gallons per day.