liner

(12) (A) For the purposes of paragraph (2)(A) of this subsection, the term “liner” means— (i) a liner designed, constructed, installed, and operated to prevent hazardous waste from passing into the liner at any time during the active life of the facility; or (ii) a liner designed, constructed, installed, and operated to prevent hazardous waste from migrating beyond the liner to adjacent subsurface soil, ground water, or surface water at any time during the active life of the facility. (B) For the purposes of this subsection, the term “aggressive biological treatment facility” means a system of surface impoundments in which the initial impoundment of the secondary treatment segment of the facility utilizes intense mechanical aeration to enhance biological activity to degrade waste water pollutants and (i) the hydraulic retention time in such initial impoundment is no longer than 5 days under normal operating conditions, on an annual average basis; (ii) the hydraulic retention time in such initial impoundment is no longer than thirty days under normal operating conditions, on an annual average basis: Provided, That the sludge in such impoundment does not constitute a hazardous waste as identified by the extraction procedure toxicity characteristic in effect on November 8, 1984 ; or (iii) such system utilizes activated sludge treatment in the first portion of secondary treatment. (C) For the purposes of this subsection, the term “underground source or drinking water” has the same meaning as provided in regulations under the Safe Drinking Water Act (title XIV of the Public Health Service Act [ 42 U.S.C. 300f et seq.]).

Source

42 USC § 6925(j)(12)


Scoping language

For the purposes of this subsection
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